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HomeMy WebLinkAbout2025 11-10 CC Special PacketCITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org City Council Special Meeting November 10, 2025 Lindner Call to Order of City Council Meeting By Mayor Artig-Swomley at 7: p.m. Call of Roll Artig-Swomley Cacioppo Patrick Johnson Approve Agenda and Minutes x Accept the Agenda for the November 10, 2025, City Council Special Presentation/Public Hearing x Resolution 2025-033; Approving a Conditional Use Permit 1599 County Road E East, Parcel ID 273022120007 Adjournment – The meeting adjourned at ________ Memorandum To: Gem Lake City Council Project Reference: 1599 County Road E East – Cannabis Microbusiness CUP Request Copies To: Maxwell Vannelli, The Joint LLC TKDA Project No.: 22428.000 Ryan Podwills, Ryan Podwills Properties LLC From: CJ Sycks, Planner Client No.: Date: November 3, 2025 SUBJECT: Conditional Use Permit request for Cannabis Microbusiness at 1599 County Road E East MEETING DATE: November 11, 2025 LOCATION: 1599 County Road E East (Parcel ID 273022430018) APPLICANT/OWNER: Maxwell Vannelli, The Joint LLC / Ryan Podwills, Ryan Podwills Properties LLC ZONING: G, Gateway and NC, Neighborhood Center REVIEW PERIOD: 60-day review period ends 12/29/25 ITEMS REVIEWED: Application and plans received on 10/29/25 DESCRIPTION OF THE REQUEST The applicant, Maxwell Vannelli/The Joint LLC, is requesting consideration of a Conditional Use Permit (CUP) for property located at 1599 County Road E East to allow for a “cannabis microbusiness” to sell state licensed adult- use legal cannabis products. The property is located within the Neighborhood Center, NC, Sub-Zone of the greater Gateway, G, Zoning District. The applicant owns The Joint, LLC and is required to obtain a CUP to open their business, The Lakes Dispensary (formerly the Smoke Den by a previous owner). Cannabis microbusinesses are permitted as a conditional use within the Gateway Zoning per Ordinance 147, Section 4.2. Following local zoning approval, the City will report compliance to the State Office of Cannabis Management (OCM). OCM will then finish their review of the application and grant or deny a cannabis microbusiness license. CUP processes are governed by Ordinance 131, Section 17.5. A CUP application typically receives review and a recommendation by the Planning Commission. This application was not reviewed by the Planning Commission; however, a public hearing has been published for this Special City Council meeting date, 11/10/2025, as advised by the City Attorney(s). 1599 County Road E East – Cannabis Microbusiness CUP Request Gem Lake City Council Meeting 11/10/2025 November 3, 2025 Page 2 PROPERTY INFORMATION Description: 1599 County Road E East is located in the Neighborhood Center Sub-Zone of the Gateway District. The property is located at the intersection of Scheuneman Road and County Road E East. The building also includes Al’s Gun Shop. Ryan Podwills Properties LLC owns the property. The parcel is 0.52 acres in size and addressed 1601 County Road E East County GIS, however the southern building is considered 1599 Country Road E East. Land Use: Commercial, multiple tenants Figure 1: Aerial of the site, from Ramsey County GIS. Figure 2: Image of the site, from Google Maps Street View, taken in July 2024 from the south looking north. Not to Scale 1599 County Road E East – Cannabis Microbusiness CUP Request Gem Lake City Council Meeting 11/10/2025 November 3, 2025 Page 3 EVALUTION OF THE REQUEST The applicant “proposes to operate a state-licensed adult-use marijuana dispensary.” They state that the “use will fully comply with Minnesota State Statue Chapter 342, applicable rules adopted by the Office Cannabis Management, and all local ordinances and licensing requirements established by the City and State.” Cannabis Microbusiness is defined as, “A business licensed to operate as a ‘cannabis microbusiness’ by the Minnesota Office of Cannabis Management, pursuant to Minnesota Statutes, Chapter 342.28. “Cannabis Microbusiness” includes up to 13 different more specific uses as defined in state statute. The applicant states that they will be receiving retail endorsement only. There will be no growing, harvesting, processing, or packaging of cannabis or hemp products on site. Additionally, they will not be receiving an onsite consumption endorsement; therefore, any on site use of cannabis or hemp products is prohibited. Ordinance 147. Cannabis Business Adopted by City Council on January 21st, 2025, the purpose of Ordinance 147 “is to implement the provisions of Minnesota Statutes, Chapter 342, which authorizes the City of Gem Lake to protect the public health, safety, welfare of Gem Lake residents by regulating cannabis businesses within the legal boundaries of the City of Gem Lake.” The application appears to be consistent with all regulations set forth in Ordinance 147. x Section 3.1 requires all cannabis businesses to register with the City of Gem Lake. The business owner applied for registration on July 16th, 2025, and was issued registration on August 1st, 2025. This registration is invalid due to the lack of proper zoning approval as required by Section 3.2 of Ordinance 147. a compliance check in section. If the CUP is approved, the registration will be placed into effect. Staff should issue new registration, signed and dated accordingly. If the CUP is denied, the registration will be officially revoked. Staff should issue a formal letter stating the situation and status of the registration. x Section 4.1 outlines the minimum buffer requirements for a cannabis business. The proposed location is not located within any of the prohibited buffer areas. x Section 4.3 restricts retail sale to hours of operation Monday – Sunday, 10:00 am – 9:00 pm. The applicants indicate a desire to be open Monday – Sunday and have open hours “in accordance with City Ordinances.” The applicant would be required to adhere to these hours if granted a CUP. x Section 4.4 permits up to two fixed signs on the exterior of the building or property of the business. The applicant is currently in compliance with this requirement. x Section 8 states that “No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment, or an event licensed to permit on-site consumption of adult-use.” The applicant is not applying for an onsite consumption endorsement. This activity would be prohibited if granted a CUP for retail only. Ordinance 131. Consolidated Land Use Ordinance Section 17.5 regulates Conditional and Interim Use Permit processes. When reviewing a request eight (8) criteria should be reviewed by the Council. Below are the criteria in italics, followed by information from the application and staff review. All eight (8) criteria are met. 1. Adjacent Uses; and The use is permitted by Ordinance 147 in this location (Gateway, Neighborhood Center). The business is not located within any restricted buffer areas. 2. Air and Water Quality; and 1599 County Road E East – Cannabis Microbusiness CUP Request Gem Lake City Council Meeting 11/10/2025 November 3, 2025 Page 4 State Statute requires cannabis businesses to “maintain a ventilation and filtration system sufficient to meet the requirements for odor control.” 3. Traffic Generations; and The applicants state that existing on-site parking will be utilized and that traffic patterns will not change significantly. 4. Public Safety and Health; and The applicants address safety in their narrative. A summary is provided following this section. 5. Area Aesthetics; and There are no proposed exterior modifications or additions at this time. A business sign was recently approved to allow an illuminated, wall mounted sign that states “The Lakes Dispensary”. 6. Economic Impact on the Entire Area; and A new retail business in the area would be expected to impact the local economy in a neutral or positive manner. 7. Consistency with the Comprehensive Municipal Plan; and This location is planned for commercial in the 2040 Comprehensive Plan. The application is consistent with this designation. 8. Anticipated Duration of the Conditional or Interim Use. There is no anticipated termination date for the CUP. CUPs “run with the land”. They may be revoked if the use is terminated for at least six (6) months. If a business name is listed on the CUP, a CUP amendment is required when a sale of the property/shop is made. Section 17.5.9.2 & 3 provides general standards for all new uses. Below are the standards in italics. All seven (7) of the standards appear to be met. x Compliance with all zoning and other regulations as may otherwise be applicable; x The date or the event that will terminate the use can be identified with certainty; x The existence of the Conditional or Interim Use will not impose additional costs on the public if it becomes necessary for the public to take the property in the future; x The user agrees to any conditions of approval associated with the approval of the Conditional or Interim Use Permit by the City Council. x Shall maintain harmony and compatibility with surrounding uses and with the architectural character and design standards of existing uses and development; x Shall meet or exceed all Performance Standards contain elsewhere in this Ordinance; x Shall not generate such additional traffic associated with the use that would overburden or exceed the capabilities of streets and other public services and facilities including, but not limited to, parks, schools, and utilities serving the area. Security The applicant provided an overview of the business’ anticipated security measures. x Building security: The applicant states that they will “implement a robust security program using Verkada alarm and camera systems and 360 Security for active surveillance and alarm monitoring.” In addition, there will be restricted access, and intrusion alarms, and they will follow storage protocols as required by OCM. x Point of Sale Security: In terms of point-of-sale security, “transactions will be securely processed using the Dutchie POS System, providing encrypted financial tracking, age verification, and complaint recordkeeping.” 1599 County Road E East – Cannabis Microbusiness CUP Request Gem Lake City Council Meeting 11/10/2025 November 3, 2025 Page 5 x Public safety: “exterior lighting, security monitoring of parking areas, and regulated customer access will ensure minimal impact to the surrounding neighborhood and public right-of-way. No outdoor product display, advertising targeting minors, or loitering will be permitted.” ACTION The City Council has the following options for the Conditional Use Permit request: 1. Approve the request, with or without conditions. 2. Deny the request, with findings for denial. 3. Table the request for further review/study. RECOMMENDATION Staff recommend the City Council approve the CUP request, with the following conditions: 1. The Joint LLC is permitted for the retail sales of state-licensed products only at the address listed above. 2. The applicant is required to completely satisfy the State Office of Cannabis Management licensing for a cannabis microbusiness. 3. No cultivation is permitted. 4. No outdoor storage of cannabis and hemp products is permitted. 5. No on-site consumption is permitted. 6. The use is required to maintain compliance with state and local building, fire, and zoning requirements or regulations. CITY OF GEM LAKE RAMSEY COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON CONDITIONAL USE PERMIT FOR 1599 COUNTY ROAD E EAST NOTICE IS HEREBY GIVEN that the City Council of Gem Lake, Ramsey County, Minnesota shall hold a public hearing for a Conditional Use Permit for 1599 County Road E East for a Microbusiness Cannabis License. The hearing will take place at a Special City Council meeting on November 10, 2025, at approximately 7:00 p.m. at the Gem Lake City Hall (4200 Otter Lake Road). Gretchen Artig-Swomley, Mayor Published one time in the White Bear Press on October 23, 2025. CITY OF GEM LAKE, MINNESOTA RESOLUTION NO.  APPROVING A CONDITIONAL USE PERMIT FOR 1599 COUNTY ROAD E EAST, PARCEL ID 273022120007 WHEREAS, The Joint LLC (“The Applicant”), on behalf of the property owner Ryan Podwills Properties LLC, made an application to request a conditional use permit to allow for a retail only cannabis microbusiness for at the address listed above; and WHEREAS, the property is legally described as follows: See Attachment A; and WHEREAS, the City Council reviewed the request at a duly noticed public hearing on November 10, 2025, and determined that the proposed request meets the criteria for a conditional use permit, and voted to approve the request with conditions; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does approve the conditional use permit to allow for a retail only cannabis microbusiness for 1599 County Road E East, Parcel ID 273022120007, based on the following findings: 1. Based on the applicant’s submittal, the request meets the requirements of the city’s Consolidated Land Use Ordinance (Ordinance No. 131) and Cannabis Business Ordinance (Ordinance No. 147). FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The Joint LLC is permitted for the retail sales of state-licensed products only, at the address listed above. 2. The applicant is required to completely satisfy the State Office of Cannabis Management licensing for a cannabis microbusiness. 3. Cultivation is prohibited. 4. Outdoor storage of any products is prohibited. 5. On-site consumption is prohibited. 6. The use is required to maintain compliance with state and local building, fire, and zoning requirements or regulations. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 10th day of November 2025. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk Resolution No.:  Page 2 of 2 Attachment A: SECTION 27 TOWN 30 RANGE 22 PART OF S 27O FT OF SE 1/4 WLY OF N P RY R/W AND ELY OF SCHEUNEMAN RD /SUBJ TO HWY OVER S 75 FT/ IN SEC 27 TN 30 RN 22 CONDITIONAL USE PERMIT Applicant: The Joint LLC Address: 1599 County Road E East (Parcel ID 273022120007) Zoning District(s): Gateway, G and Neighborhood Center, NC Proposed Use: Cannabis Microbusiness, Retail This permit is subject to the following conditions: 1. The Joint LLC is permitted for the retail sales of state-licensed products only, at the address listed above. 2. The applicant is required to completely satisfy the State Office of Cannabis Management licensing for a cannabis microbusiness. 3. Cultivation is prohibited. 4. Outdoor storage of any products is prohibited. 5. On-site consumption is prohibited. 6. The use is required to maintain compliance with state and local building, fire, and zoning requirements or regulations. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 10th day of November 2025. _____________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk