Tuesday, October 28, 2025
One-line summary
The Planning and Zoning Commission approved the Burns Bottle Shop IUP/variance with a fence condition, recommended approval of the cannabis ordinance amendment after a split vote, and recommended approval of the fee schedule/third-party consultant amendment.
8 items as recorded in the agenda, packet, and minutes, each with a short summary of what was at issue.
1Call to Order and Pledge of Allegiance
Call to Order and Pledge of Allegiance: 7:00 p.m.
The meeting was called to order at 7:00 p.m.; all commissioners were present, the agenda and September 23 minutes were approved, and the meeting adjourned at 7:50 p.m.
Meeting was called to order and the pledge was recited.
2Roll Call
Roll Call
The meeting was called to order at 7:00 p.m.; all commissioners were present, the agenda and September 23 minutes were approved, and the meeting adjourned at 7:50 p.m.
Roll call was taken; all commissioners were present.
3Approve/Amend Agenda
Approve/Amend Agenda
The meeting was called to order at 7:00 p.m.; all commissioners were present, the agenda and September 23 minutes were approved, and the meeting adjourned at 7:50 p.m.
The presented agenda was approved.
4Approve September 23, 2025 Meeting Minutes
Approve September 23, 2025 Meeting Minutes
The meeting was called to order at 7:00 p.m.; all commissioners were present, the agenda and September 23 minutes were approved, and the meeting adjourned at 7:50 p.m.
The September 23, 2025 meeting minutes were approved.
5aPublic Hearing: Interim Use Permit and Variance: Burns Bottle Shop
Interim Use Permit and Variance: Burns Bottle Shop
The commission approved Burns Bottle Shop's interim use permit and variance for low-potency hemp edible sales with the drafted conditions and an added condition requiring the shop to install a fence on the property line within six months if the city removes the park fence while the park remains in operation.
The interim use permit and variance were approved with drafted conditions plus a fence condition if the city removes the park fence.
5bPublic Hearing: Ordinance Amendment related to Cannabis
Ordinance Amendment related to Cannabis
The commission first rejected a motion not to recommend approval of the cannabis ordinance amendment, then voted 5-2 to recommend approval of the amendment as written.
After a failed motion not to recommend approval, the commission recommended approval of the ordinance amendment as written.
5cPublic Hearing: Ordinance Amendment related to Third Party Consultants
Ordinance Amendment related to Third Party Consultants
The commission recommended approval of the ordinance amendment related to the fee schedule and third-party consultant cost recovery, including professional fees and escrow language.
The commission recommended approval of the ordinance amendment; the minutes described it as relating to the fee schedule and professional fees and escrow accounts.
6Adjournment
Adjournment
The meeting was called to order at 7:00 p.m.; all commissioners were present, the agenda and September 23 minutes were approved, and the meeting adjourned at 7:50 p.m.
The meeting adjourned at 7:50 p.m.
7 motions on the record. Split votes are highlighted.
M1MOTION BY COMMISIONER PEARO, SECONDED BY COMMISSIONER BIES TO APPROVE PRESENTED AGENDA.
MOTION BY COMMISIONER PEARO, SECONDED BY COMMISSIONER BIES TO APPROVE PRESENTED AGENDA.
moved by Pearo, seconded by Bies
M2MOTION BY COMMISIONER AMES, SECONDED BY JORGENSON TO APPROVE THE MINUTES FROM SEPTEMBER 23, 2025.
MOTION BY COMMISIONER AMES, SECONDED BY JORGENSON TO APPROVE THE MINUTES FROM SEPTEMBER 23, 2025.
moved by Ames, seconded by Jorgenson
M3MOTION BY COMMISSIONER BIES, SECONDED BY COMMISSIONER LEWIS TO APPROVE THE INTERIM USE PERMIT AND VARIANCE WITH THE CONDITIONS AS DRAFTED AND THE ADDITIONAL CONDITION THAT IF THE CITY REMOVES THE FENCE FROM THE PARK, THEN A FENCE NEEDS TO BE INSTALLED ON THE PROPERTY LINE WITHIN 6 MONTHS.
MOTION BY COMMISSIONER BIES, SECONDED BY COMMISSIONER LEWIS TO APPROVE THE INTERIM USE PERMIT AND VARIANCE WITH THE CONDITIONS AS DRAFTED AND THE ADDITIONAL CONDITION THAT IF THE CITY REMOVES THE FENCE FROM THE PARK, THEN A FENCE NEEDS TO BE INSTALLED ON THE PROPERTY LINE WITHIN 6 MONTHS.
moved by Bies, seconded by Lewis
M4MOTION BY COMMISSIONER HAAPALA, SECONDED BY COMISSIONER AMES NOT TO RECOMMEND APPROVAL FOR THE ORDINANCE AMENDMENT RELATED TO CANNABIS.
MOTION BY COMMISSIONER HAAPALA, SECONDED BY COMISSIONER AMES NOT TO RECOMMEND APPROVAL FOR THE ORDINANCE AMENDMENT RELATED TO CANNABIS.
moved by Haapala, seconded by Ames
M5MOTION BY COMMISSIONER PEARO, SECONDED BY COMMISSIONER BIES TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT AS WRITTEN.
MOTION BY COMMISSIONER PEARO, SECONDED BY COMMISSIONER BIES TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT AS WRITTEN.
moved by Pearo, seconded by Bies
M6MOTION BY COMMISSIONER HAAPALA, SECONDED BY COMMISSIONER PEARO TO RECOMMEND APPROVAL FOR THE ORDINANCE AMENDMENT.
MOTION BY COMMISSIONER HAAPALA, SECONDED BY COMMISSIONER PEARO TO RECOMMEND APPROVAL FOR THE ORDINANCE AMENDMENT.
moved by Haapala, seconded by Pearo
M7MOTION BY COMMISSIONER JORGENSON, SECONDED BY CARLSON, TO ADJOURN.
moved by Jorgenson, seconded by Carlson
When someone referred back to earlier business, we found the matching prior discussion and tied it in here.
When the initial cannabis ordinance was adopted in Fall of 2024, lower potency hemp edibles (LPHE) were included as an Interim Use in the Commercial zoning district.
— Cindy Nash
What this is about
The prior cannabis ordinance and how low-potency hemp edibles were treated when it was first adopted.
The records searched do not contain the Fall 2024 cannabis ordinance adoption or a prior decision showing that low-potency hemp edibles were first included as an interim use in the Commercial zoning district. The closest matches are later 2026 packet excerpts, including material in the March 24, 2026 and April 14, 2026 packets, that reference cannabis-related interim use permit conditions and compliance with Minnesota Statutes Chapter 342/OCM permitting. Those excerpts do not show the original ordinance language, the zoning district treatment for low-potency hemp edibles, or a recorded vote from Fall 2024.
When the ordinance was adopted a year ago, the city took a conservative approach due to many unknowns about state regulations.
— Planner Cindy Nash
What this is about
The prior city approach to cannabis regulation, described as having been adopted about a year earlier.
The records show a partial match. The March 24, 2026 and April 14, 2026 meeting packets include Ordinance No. 2025-09, titled “An Ordinance Amending the City of Nowthen Zoning Ordinance Related to Cannabis.” That ordinance added “Lower Potency Hemp Edible Retailer” as a listed use and replaced the city’s cannabis retail business zoning language with requirements tied to state licensing and compliance. The ordinance language reflects a cautious local framework: cannabis retail businesses must have the appropriate Minnesota Office of Cannabis Management license or endorsement, maintain compliance with state requirements, and meet buffers of 1,000 feet from schools and 500 feet from daycares, residential treatment facilities, and certain park attractions used by minors. However, the search results provided do not include the meeting minutes showing when Ordinance No. 2025-09 was adopted, the vote outcome, or a recorded discussion explicitly saying the city chose a conservative approach because state regulations were still uncertain.
Planner Nash clarified that this was essentially readopting something that had already been approved in June 2024.
— Planner Cindy Nash
What this is about
A prior June 2024 approval of professional fees and escrow account language that the current fee schedule amendment would restore.
The records returned show a partial match: at the December 23, 2025 meeting, Planner Nash stated that the fee schedule amendment was “essentially readopting something that had already been approved in June 2024,” specifically the language on page 42 dealing with professional fees and escrow accounts. The excerpt also notes there were no public comments. However, the search results do not include the underlying June 2024 meeting record or approval action itself. So from these records, I can confirm the later reference to a June 2024 approval, but not the exact June meeting date, vote outcome, dollar amounts, or the precise language that was originally approved.
17\. No liquid, gaseous and solid wastes resulting from the use shall be discharged into the soil, water or air until the specific methods and means of discharge have been reviewed and approved
16\. Noise levels which constitute a nuisance shall be prohibited as regulated in the Minnesota Pollution Control Agency's Noise Pollution Control Rules (MN Rules Ch. 7030). 17\. No liquid, gas
compliant, then installation of a new ISTS or remediation of a non-compliant ISTS shall be completed prior to commencement of the business. 10\. All materials, equipment and parts used for the
10\. All materials, equipment and parts used for the business shall be stored in the accessory structure. No outside storage of any items is permitted. 11\. All personal property stored on sit
8\. No concrete shall be made on the property. Any concrete used shall be sent directly to the off-site project. No concrete washout is permitted on the property. 9\. All materials, equipment a
Documents and recordings archived for this meeting, when available.
October 28th Planning and Zoning Packet
Packet · Tuesday, October 28, 2025
44 pages
October 28th Planning & Zoning Agenda
Agenda · Tuesday, October 28, 2025
1 pages
October 28, 2025 Signed Meeting Minutes
Minutes · Tuesday, October 28, 2025
5 pages
Meeting recording
YouTube
Transcript · 335 segments · 50:15
The summary on this page is AI-extracted and may need correction. The PDFs and the meeting recording are the official record. What do the trust labels mean?