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Home My WebLink About2025-10-28 CC Packet EnclosureDate: October 28, 2025 New Business TO: Mayor and City Council FROM:Scott Richards, City Planner AGENDA ITEM:&RQGLWLRQDO8VH3HUPLWIRUD&DQQDELV5HWDLO'LVSHQVDU\WK6WUHHW 1RUWK 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. FINANCIALIMPACT: x DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Resolution 25-10-3 ATTACHMENTS: Planning Report Resolution 25-10-3 CCCCiiittt yyttyy ooooo fffffff OOO aaa kkkkk PPPaaarrrrkkkrkkHHHHHHHeeeeiiiiggghhhttttsss Page 43 of 57 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 60th 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 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. 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 60 th 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 2 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 60 th 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.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 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. 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.B.7 and 401.18.F of the Zoning Ordinance. Page 45 of 57 3 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 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: jholtman@cityofoakparkheights.com 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 allow yet 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 coming to 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 meeƟng From: Chris Addington Sent: Thursday, October 9, 2025 11:04 AM To: Jacob Rife <JRife@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 Nursing with 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 discussing why 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 Comments Received following Planning Commission Public Hearing. Comment #3 -----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----- Your Site has received new informaƟon through a form. Form: Contact Us Site URL: www.cityofoakparkheights.com ------------------------------------------------- Name: Vickie Gacke Street Address: 13964, 56th Street North QuesƟon or Comment: I am wriƟng 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 posiƟve family environment to bring into our city. Please pass this along to all. Comment #4 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----- Your Site has received new informaƟon through a form. Form: Contact Us Site URL: www.cityofoakparkheights.com ------------------------------------------------- Name: Dick Gacke Street Address: 13964 56th ST N QuesƟon 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 Comment #5 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----- Your Site has received new informaƟon through a form. Form: Contact Us Site URL: www.cityofoakparkheights.com ------------------------------------------------- Name: Mary Holbrook Street Address: 4440 McDonald Dr. Ct. N. Phone No.: Email Address: QuesƟon or Comment: We are wriƟng 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 CHRIS ADDINGTON R.N. BS, CNOR 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 Nursing with 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 discussing why 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. 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: 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 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 2 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 60th 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 Page 53 of 57 3 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. 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.B.7 and 401.18.F 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.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. Approved by the City Council of the City of Oak Park Heights this 28th day of October 2025. ____________________________________ Chuck Dougherty, Mayor ATTEST: __________________________________ Jacob Rife, City Administrator Page 54 of 57 ATTACHMENT B Conditional Use Permit To Allow ABJKM Holdings, LLC To Operate A Cannabis Retail Dispensary At 14608 60th St. N. Application Materials x Application Form x Fees x Plan Sets x Written Narrative and Graphic Materials Explaining Proposal x Mailing List from Washington County (350’/150’ from subject property) x Proof of Ownership or Authorization to Proceed x 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 60th 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