What we got? Yeah, got part of a minute left. There we go. All >> righty. I will call this meeting of the city of Oak Park Heights city council to order. Uh, first item up is pledge of allegiance. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivis and justice for all. >> Okay. And our next item is approve of the agenda. We do have a consent add-on of item F, which would be, if I can't read my writing, authorize a letter of support for the Middle St. Croy W grant request. Um, and then under close session, we're removing item A, discussing uh labor negotiation strategy. >> Without two changes, I'll make the motion to approve. >> Second. >> All those in favor? >> I opposed. >> Next is council and staff reports. The only thing I have is just we had the Senate bonding tour here this afternoon to discuss our PAB um filtration issue and ask for some money. Um, also council member Runk and Council Member Johnson was there. Uh, any other council things, city administrator? >> Yeah, mayor, council, good evening. Uh, just a quick update here. So, going off that theme of bonding tours, we'll have the house u bonding tour here at city hall on uh Friday, November 14th from 1:30 to 2. Obviously, uh, that's time frame may change. So mark it in pencil for now. Uh and then as you added to the one other item on the agenda, got an email today from uh the uh St. Croy WM, the middle of St. Croy WMO regarding a grant request and so think there might be some merit. I haven't had a chance to look at it yet since it just came in here today uh with our staff, but they had a deadline of November 11th. So, wanted to get that on the agenda just to authorize uh having that letter of support here that we'd have the mayor sign if it makes sense. So, appreciate you adding that for us. >> Um, did uh city did we have something? Did we do a close session at the end of last meeting? Did we need to report on or is that the meeting? >> Oh, did we? >> Oh, we'll come back to you. >> Please chief council and Mr. Mayor. um community outreach. We have the boo bash going on right now for the next hour completing at Kowalsskis. They've already had over 500 kids come through our booth. And then uh Halloween coming up on Friday. We've got a couple of extra officers already assigned to that event. And we'll be passing out candy out of our squads as well. Um winter parking is already upon us. Our restrictions that is coming November 1st from 1:00 a.m. to 6:00 a.m. No on street parking. We'll hand out our yellow cards. just warnings to get everybody back into the swing of things and then um just an update on the applications for our police officer opening position. Um thank you uh for that approval of the incentives that worked. We've already got 15 applications. So we're hoping to move forward here next week with the round uh round one and we're still getting them in so we'll just keep adding. So appreciate that. That's it. Well, that's kudos to you, Chief, for going outside the box and trying to figure out something different. So, way to be ingenious. >> Thank you. >> As noted in the minutes that we just approved from the last meeting, um there was a close session at the end of the last city council meeting uh to discuss labor negotiation strategy and that was pursuant to Minnesota statute 13D.03 03 subdivision 1B which and direction from the council on labor negotiations. And so that close session did occur. Staff advised council on kind of the status of where negotiations were and council provided some generalized input and direction but no official decisions were made and of course those uh negotiations are still ongoing at this point. >> Thank you. Pennis >> you this evening the recycling award winner the second winner for the month of October was Christine Augustine at 5606 Oak Cove North. >> Thank you. All right. This is the visitors and public comment part of our meeting. 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 your comments to three minutes in length. All right. Well, seeing none, we'll move on to consent agenda. Um, approve bills and investments checks 72,258 to 72,310. Approve city council work session notes from October 14th. Approve city council minutes from October 14th. Authorize staff to petition for the removal of MS4 designation. Approve agreement with Ecberg Glamours PC for civil and prosecutional services. Authorize a letter of support for the Middle St. Croy WM grant request. >> I move approval of the consent agenda. Second >> and roll call. >> Council member Johnson. >> Yes. >> Council member Ligrid. >> Yes. >> Council member Runk. >> Yes. >> Council member Swenson. >> Yes. >> And Mayor Dhy. >> Yes. We have no public hearings this evening and we have no old business. So, we'll move into the new business. First item is Central Automotive parking lot expansion conditional use permit site plan review for 1481958 59th Street North. Mr. Mayor and members of the council, uh Dave Trart of Stillwater Auto Holdings LLC has made this application. It's for an amended conditional use permit. It's uh to allow a change in the auto repair facility uh in the B2 general business district uh for a number of parking stalls site plan review and for that amended cup. The site is 2.6 acres uh in size. Um this uh uh business was first approved by the council in May of 2019. uh at their October 9th uh meeting, the planning commission recommended approval of the uh conditional use permit. The um couple uh points uh parking uh again we have the provisions that uh you essentially need to hit the number right on for parking and u they are asking for additional parking uh spaces uh 27 stalls for total 55 parking stalls. Our parking requirements are for 11. What they're finding is that as their business has grown, uh they have cars that are uh coming in uh they don't uh uh service them uh right away or they have them done and and waiting for the customers to come back. Uh so they do need that additional parking. Uh when they first opened that was not an issue. Uh it is now an issue for them to have additional parking. Um the uh landscaping too there are some trees that are being removed. There is a memo from the city arborist uh that uh that uh uh explains that situation and that's also a condition uh that the in your packet um that reflects that planning commission recommendation and the staff recommendation uh and u uh we have Jen Jennifer here from the planning commission and I don't see uh anyone from uh Stillwater uh auto holdings. Any questions? No. I'll make a motion to approve the U permits. >> Second. >> Okay. Is that a resol? >> Yes. >> Okay. Item B would be a setback conditional use permit for an accessory building. North Scott. >> Yes. Nicholas and Jessica Ross uh have applied uh for this conditional use permit. Um the proposed accessory building is about 80 square ft and will be located on the north side of the garage, an existing con uh concrete slab. Uh property zone R1 single family residential. Uh also the planning commission uh held a public hearing at their October 9th meeting and recommended uh favorably for this request. Uh in looking at it um accessory buildings are to be required in the rear yard or are required to be in the rear yard. Uh in this case the shed will be placed in the sideyard adjacent to the house but they will meet the setback requirements uh to the uh property line for that. uh they will be uh about 2 feet from the garage and that does require uh some uh special construction uh for fire code uh building code reasons and that is all going to be complied with um by the applicants. The uh again planning commission looked at the uh uh at the issues. the applicant was at the uh at the meeting and they recommended as I stated favorably which is uh reflected in the resolution in front of you uh this evening. Any questions >> and I believe the neighbor was in favor of this as well. >> Yes. Did not have an issue with it. That's correct. >> I'll move approval of the conditional use permit. >> Second. >> Council member Johnson. >> Yes. >> Council member Ligrant. Yes. >> Council member Ron. Yes. >> Council member Swinson. >> Yes. >> And Mayor Dhy. >> Yes. >> Okay. Moving on. Item C, conditional use permit for cannabis retail dispensary at 146. >> Yes. Uh um Mr. Mayor, members of the council, uh Kevin Pata of ABJKM Holdings and Boundary Waters Capital LLC has made application for this conditional use permit. It's for a cannabis retail dispensary. Uh it'll be in the Joseph's um restaurant space uh where it's proposed to occupy the entire building. Um expected the restaurant would move to a different location uh in the area. Uh bank uh the business would be known as Mango uh cannabis. Uh section 1413 of the city code regulates the operation of cannabis and hemp businesses and section 401.18 of the zoning ordinance addresses zoning uh issues. Uh planning commission reviewed this uh held a public hearing at their October 9th meeting and recommended favorably. Uh this uh application meets all the criteria uh for review of the conditional use permit. uh they're within the buffer areas or they're outside of the buffer areas I should say for uh for cannabis. Um they have received uh pre-approval from the Minnesota Office of Cannabis Management for the uh uh for the business. Uh again, this is just for cannabis retail and no uh growing operations. Uh the report goes through uh the criteria for uh review of um of a cannabis business um parking um uh the site currently has approximately 60 parking spaces. They're not making any changes to the site. In fact, they're not at at the beginning uh when they open will not make any changes to the building or to the site. But if they do come through uh and do make some site changes, some building changes, uh that will require uh site plan design review by the uh uh planning commission and city council and possibly might have a conditional use permit for parking at that time and review it. But with no changes to the site, uh we wouldn't require that at this time. Uh so the uh resolution uh reflects the uh uh the conditions uh stated uh in the um uh stated in the planning report and recommended by the plan commission. And uh any questions at this point? >> The one question I have is the same group has applied to put in the cannabis operation just to the west of this in the city of Stillwater. So, I mean, you got to look and say, "What's going on?" >> Address that for you. >> I believe I believe if it it wouldn't meet Stiller's ordinance, it maybe wouldn't meet our ordinance. But, >> um, I just want to thank Scott to Councilman Rob's question. Um, my name is Jake German. I'm here with Kevin Pada from ABJK Holdings seeking the condition 686 Street North in Oak Park Heights. Uh again, just to reiterate some of what Scott said, we've designed our operation to align fully with the time, place, and manner based guidelines peritted under state standards for hours, signage, lighting, ventilation, and odor control, security, and parking. Um business will operate only between 10:00 a.m. and 9:00 p.m. All signage cannabis imagery or visible products displayed. Parking traffic and site access fully meets the city's commercial and buffer requirements. Um, security will be a top priority for us. U, our plans exceed both local and state requirements and u again uh the site is retail only with no cultivation or manufacturing. Uh, in summary, we believe that this application reflects the intent of your ordinance to regulate adult use cannabis retail responsibly, protect the community welfare, and support properly cited business operations. We really look forward to being a great community partner with the city of Oak Park Heights. uh and we respect respectfully request your approval of the conditional use permit so that the state process may proceed with full local support. Again, we thank you. I know Kevin wants to say a few words, but we look forward to working closely with you guys in the future. Uh uh nice to meet everyone. My name is Kevin. I'm with APJKM Holdings. Uh, Council Member Rump, to answer your question, uh, Mango has a family of brands, so we do have multiple retail brands. Um, and we've selected, uh, Still Water at the time. They only allowed for one retail registration at that time. Um, so Oak Park Heights has always been our destination for a Mango location. Um while we applied at uh with uh the city of Oak Park Heights um we were waiting for Stillwater to make a decision just because the location was such in close proximity and that was really the area that we identified where we wanted to be. So Joseph's fit our demographics and then also the location I think that's roughly less than 1,000 ft away from Joseph's or so also met the demographics of what we're looking for. Um, so the intentions there are to open up a Mango store and then also bring one of our other sister brands to open up a location there as well. That answers your question. >> Well, except for the fact that I think can that meet Stiller's guidelines as far as distance between cannabis stores. >> Um, does it what was the question? I'm sorry. Well, still has established that you can't have a cannabis store within so many feet of a current one, >> right? >> So, I mean, that's what the question is is >> would you meet that requirement with Stillwater or >> will we meet the requirement? Is that is that >> does the Stillwater site meet the requirement when you put your if you put one in Joseph's >> with Joseph's? Well, I don't know. I don't That's a great question. Um, I would have to I would have to ask our attorney. Um, I don't know if their ordinance um reciprocates with another municipality's ordinance as far as like you talking about the fact like the the the foot rule, >> right? I would think I would assume it would same as it would with any other restrictions that they have. I mean, if they if there's a school, we had to make sure that it wasn't any within any schools within our that would be in Stillwater that was would >> Yeah. So, >> our distances would affect. Therefore, I would assume that if they say you can't have a facility within 1,000 ft and this ends up being within 1,000 ft, are we going to >> Is it going to be an issue? Is that what you're >> right? Because I mean, you're coming saying you want to work with us. Well, or are we going to all of a sudden >> give give you one of the four four that we have and turn down somebody else because and then have you turn around and say, "Well, we're not going to do it because we're going to go here instead." >> Right. Right. No, I I definitely understand your concern. Um I can assure you that's definitely not the intention. Um our intention is to remodel and open the location. Um the Joseph's location is more ideal to us than than the other location and I still water is still in the process I believe of trying to amend their ordinance and figure out a way for it to work. Right. So I think there's a large probability that it might not work. I'm not 100% sure. I'll have to connect with Justin and our city attorney just to make sure. Um, but Joseph's is the ideal location for Mango and that's where we would like for Mango to be situated in this area. Um, and then we've got locations planned throughout the state as well. >> I think one I don't want to put words in council member Swinson's mouth, but I think he had a really great suggestion too about the existing shape of the Joseph's building. Okay. >> Kind of being an iconic structure. >> Can I pivot to you on on your thoughts? >> Yep. That's no problem. So, a lot of public comments, you know, Joseph has been a staple of the community for years. >> I've heard >> and the the Koopa that's on the top of the roof has always been the kind of the gathering point ever since it was with Big Ben. >> It was Big Ben was the original restaurant. >> It just and it just kind of hit the community. >> Okay. >> Because they're they're losing a staple. I mean, that was the place to go. If you're going for breakfast or lunch, you go to Joseph's, >> right? And you know the really I I received just about as many calls on this as I did about the Highway 36 bridge. >> Wow. So aesthetically you what you're telling me is you like the the >> change change the outside enough so it it doesn't look like the same you know that Koopo that's back when Joseph redesigned it. We went through the building permit and we even asked Joe Coler if you know he was thinking about taking it down and he said no because that kind of gives that name to the building. >> Okay. You know, I'll definitely talk to architects and I think, you know, I I think it makes sense for us to fully restore it considering, you know, you're saying that it's iconic to the city. Um, and uh, you know, that's definitely, you know, something that, you know, we would like to carry on, right? Keep that. >> I'm saying just get rid of it. >> Oh, you want to get rid of it? >> Let it let it be gone. Just >> that's not the restaurant anymore. That's not >> it's not what it used to be. >> You want it gone. >> It's part of change. I mean that that was that was my feelings and some of the calls that I got from citizens were you know that's you're taking our breakfast place. I said I don't think it's going to go far from here but I said yeah let's we we can't tell the business when to sell and when not to sell >> right and from my understanding the discussions I've had with the owners of Joseph's their plan is to relocate. So I think you know and everyone has been been asking about it so and you know it's a staple in the community and I'm sure it's very important to all the citizens of the community. So, um, and I've talked to them numerous times and their goal is to relocate. Um, and they're possibly thinking about relocating up the street if I'm not mistaken. So, I I've talked to them a few times about it. And if you'd like to see it fully remodeled, I mean, you know, we'd love to fully remodel it and and give it the character of what a Mango building, you know, would look like. And we can also provide some conceptual plans. We actually just had our architects there last week do all the measurements and whatnot. So we could provide you guys with some conceptuals and let you guys get an idea of what the future building is going to look like as well and get some input from you guys. So >> thanks Carly. >> You know I just wanted to add as well, you know, you know, Mango, we we you know, we were founded in 2019. Um we're a very professional, sophisticated organization. Um you know, we were founded in Oklahoma originally. Um I'm actually originally from Michigan. Um, and uh, you know, we've worked very closely over the years with legislators and with regulators in Oklahoma to help shape the Oklahoma cannabis laws and really uh build the industry to what it is today. Um, you know, we've uh always been an an outstanding operator in the state. We've had zero violations. We've never uh uh broke any rules. Uh and if anything, we've always worked with the state and local law enforcement to help, you know, change work on uh developing the laws and the rules and regulations for the industry. Um and actually, we just received a letter, I want to say less than a month ago from the attorney general in Oklahoma, a recommendation letter for our application in Texas as well. So, um we're definitely widely regarded in the state as great operators and um we follow the rules and we set a great example. So, and we would love to set that, excuse me, that same example in the city of Oak Park Oak Oak Park Heights, um, you know, do some community outreach, work with the communities, um, do whatever we can to support the community. Uh, and then also, uh, hire local staff. That's always our goal. Uh, in every city that we operate in is always hire local staff. Um, but yeah, that's all I have for today. Thank you guys. Thank you so much. >> Where in Michigan? >> Uh, originally I grew up in West Bloomfield. Okay. >> Oakland County. Are you familiar with the area? >> Um I'm from southwestern corner Buchanan and Niles area. >> Oh, okay. Yeah, we were we were actually looking at Niles as a future location. Niles Township actually. >> It's been on the radar. >> Yeah, I love the area. >> It's a great area. >> We have a location actually that's under construction right now in New Buffalo. >> Oh, okay. >> If you're familiar with that area. >> Yeah. Oh, yeah. >> Yep. Yep. That that store should be open hopefully here in the next month or two. So, >> Okay. >> Yeah. So, the guys that were here last time, they gave me a packet that talks about your company and it was labeled confidential or was not meant for public viewing. Is there some way you could get that to Jenny and she can just she can put that on the city's website and it really tells a good story about your company? >> Yeah, absolutely. >> You know, that you hire retired law enforcement for the security and >> do you recall which uh do you have do you have a copy of it? And I could I could email you guys a copy. You recall which one it was by chance? >> Yeah, mayor and council. I I have a copy from my last meeting. Yeah, the planning commission meeting. So, >> yeah, I could definitely email you guys a digital copy of it to share with everyone, post on the site. >> We could also uh you know, put together like you know a three four pageformational deck for you guys to post on your deck and then we could also include the the future plans for the location for you guys to post on the website as well to share with the residents and whatnot what it's going to look like. So, >> attorney Sandstöm had comments. >> Yeah, I well more of a question. Um, in terms of your lensure from the state or your pre-approval from the state, do you have multiple pre-approvals that allow you to set up multiple locations or does your one preapproval allow you to set up as many shops as you'd like? How does that work at a state level in terms of the fact that you're looking to set up one in our city and one in the neighboring city? Do you have two different approvals for or licenses for that? >> Yeah. So, um the way it's structured in the state is they have on the retail side, I believe, three levels of licensing. They have the mezzo license which allows you to operate three retail locations, uh processing facility and a cultivation facility. They have a retail license which allows you to operate five retail locations throughout the state. And then they have a micro license which allows you to operate one location per state. So, >> so what sort of approval do you have and how many retail establishments does that allow you? >> Uh, we have a retail approval and it gives us it gives us five locations throughout the state. >> So, essentially two out of the five you're looking to use right next door to each other or >> close. Mayor Mayor and councel uh just a clarification on uh the design review and and site plan review process. There is a condition uh listed in the resolution that uh if there are any changes to the site they would still have to go through design review and site plan. So we would catch that cup below issue uh and the council would have a chance to re that at a later date. So I wouldn't add that to this condition because this is spec specifically for the uh the business but uh uh we may have to revisit revisit that later. >> Okay. Thank >> any other questions for the applicants. Okay. >> With that I'll make the motion to approve the resolution. Second. >> Okay, it's been moved and seconded. Roll call. >> Council member Johnson, >> yes. >> Council member Wuljger, >> yes. >> Council member Runk, >> yes. >> Council member Swansson, >> yes. >> And Mayor Dhy, >> yes. >> Okay. >> Thank you so much. >> Thank you. >> All right, we'll move on to item D. Consider issuance. >> Excuse me, ladies and gentlemen. I'd like to speak. >> That's This isn't a public hearing. >> Oh, >> no. The public hearing was at the planning commission meeting. >> Oh, I right. Um, item D, consider issuance of a license to sell canniboid products for Kowalsskis. >> Mayor and council, Kowalsski's Oak Park Heights Market has applied for a license to sell cannib cannabonoid cannib cannabonoid products and related devices at their business located at 5801 Neil Avenue North. The application has been investigated by the city attorney's office, the police department, and found to be in compliance with city ordinance requirements for license issuance, and the investigation fee has been paid. Staff is recommending that the city council approved the cannabonoid license contingent on approval from the state of Minnesota and payment of the license fee. And this would be through the end of 2025. >> Okay. And this would be primarily for like Selzer and that that they >> correct. Uh, mayor, members of the council, Kowalsskis wants to sell the low potency seltzers in their wine shop, in their alcohol shop. >> I'll make a motion to approve the license. >> Second. >> Is that a roll call or do? >> All those in favor? >> I opposed. Carries. All right. Are there any other council items or announcements? So will that approving that one will that count as one of her four licenses then? >> No. >> No. >> So that's a separate licensing. >> That's a separate category. And as many as businesses prefer to sell those low potency hemp related products, the state allows as many as as apply for it. Yeah, we currently sell them at the bowling alley in >> is it by um um Starbucks and that one strip to the >> turning leaf. Yeah, mayor and council with this approval this will be the fifth license you've issued in the city of Oak Park Heights for those for that type of product. >> So chief, you do compliance audits on these? >> Yep. >> And will this store be in the compliance audits too? >> I asked a question. I thought they said no. the just clarifying Kowalsski's or >> Jo the Joseph one the new one the mango >> that's typically done with the office of cannabis management um still waiting on clarification on what our rule is going to look like >> so can can we get ahead of that ball and make sure that we've got we can do that >> y >> so I I mean how how would we make that part of the deal where our officers can actually do a compliance check on it if we want >> as we move forward in that direction >> state is part of that compliance >> yeah I I think there's been a part of the issue with those is I I think the state is more than happy to have cities engage in compliance and I think the bigger issue is cities are saying we're not getting compensated enough with the registration costs to justify all the enforcement efforts that we're going to have to undertake. So, and if if anything, it's I think cities pushing back and wanting the office of cannabis management to be more actively involved in the enforcement efforts, but certainly I think our officers would be entitled to go in and check enforcement just as a matter of routine process. Okay. If not, then um we'll be going into close session. >> Thank you, Mr. Mayor. Um, members of the council, we have on our agenda tonight a closed session in relation to the city administrator Jacob Reich's annual performance review. This is going to be a closed session pursuant to Minnesota statutes 13D.05 subdivision 3A, which allows for employee performance reviews to be conducted by the city council in close session. Of course, the employee is always given the option to have it held in open session, but my understanding would be Jake's on board with a close session and so we will go into close session for that purpose. >> Okay. And are we going to come back or >> uh we can just adjourn from the end of the close session and uh we will summarize it at the next meeting. >> All right. And we will move to close session. >> We need a motion to do a motion to do that. So moved. >> Second. All in favor? I >> motion carries. Yes.