M1MOTION BY COMMISIONER PEARO, SECONDED BY COMMISSIONER BIES TO APPROVE PRESENTED AGENDA.
moved by Pearo, seconded by Bies
Passed
- YAmes
- YJorgenson
- YHaapala
- YBies
- YCarlson
- YLewis
- YPearo
Meetings
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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 packet and minutes.
1Call to Order and Pledge of Allegiance
Call to Order and Pledge of Allegiance: 7:00 p.m.
Meeting was called to order and the pledge was recited.
2Roll Call
Roll Call
Roll call was taken; all commissioners were present.
3Approve/Amend Agenda
Approve/Amend Agenda
The presented agenda was approved.
4Approve September 23, 2025 Meeting Minutes
Approve September 23, 2025 Meeting Minutes
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 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
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; the minutes described it as relating to the fee schedule and professional fees and escrow accounts.
6Adjournment
Adjournment
The meeting adjourned at 7:50 p.m.
What this meeting did about specific topics, organized by issue rather than by document.
Burns Bottle Shop interim use permit and variance
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.
Agenda: 5a. Motions: M3. Speakers: Planner Cindy Nash, Becca Pasiowitz, Michael Pasiowitz, Commissioner Haapala, Commissioner Lewis.
Cannabis ordinance amendment for low-potency hemp edibles
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.
Agenda: 5b. Motions: M4, M5. Speakers: Planner Cindy Nash, Commissioner Lewis, Commissioner Haapala, Becca Pazowitz.
Third party consultant and fee schedule amendment
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.
Agenda: 5c. Motions: M6. Speakers: Planner Cindy Nash.
Routine meeting administration
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.
Agenda: 1, 2, 3, 4, 6. Motions: M1, M2, M7. Speakers: Chair Ames, City Clerk Johnson.
7 motions on the record. Split votes are highlighted.
M1MOTION 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.
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.
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.
moved by Haapala, seconded by Ames
M5MOTION 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.
moved by Haapala, seconded by Pearo
M7MOTION BY COMMISSIONER JORGENSON, SECONDED BY CARLSON, TO ADJOURN.
moved by Jorgenson, seconded by Carlson
Each figure links back to the document it came from. When the council voted on the amount, the motion is shown.
FF1 subdivision lot split application fee
Subdivision lot split or reconfiguration application fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$250
inflow
FF2 minor subdivision application base fee
Minor subdivision application base fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$250
inflow
FF3 minor subdivision per lot fee
Minor subdivision per-lot fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$50
inflow
FF4 platting application base fee
Platting application base fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$250
inflow
FF5 platting per lot fee
Platting per-lot fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$50
inflow
FF6 comprehensive plan or zoning ordinance amendment application fee
Comprehensive plan or zoning ordinance amendment application fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$250
inflow
FF7 CUP IUP or variance application fee
Conditional use permit, interim use permit, or variance application fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$250
inflow
FF8 site plan or concept plan application fee
Site plan or concept plan application fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$250
inflow
FF9 grading plan review or grading permit application fee
Grading plan review or grading permit application fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$250
inflow
FF10 excavation and mining permit application fee
Excavation and mining permit application fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$250
inflow
FF11 excavation and mining annual review fee
Excavation and mining permit annual review fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$100
inflow
FF12 easement vacation application fee
Easement vacation application fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$250
inflow
FF13 wetland delineation review engineering escrow
Wetland delineation review engineering review escrow in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$2,000
inflow
FF14 right of way management registration fee
Right-of-way management one-time registration fee in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$150
inflow
FF15 right of way management first 1000 linear feet charge
Right-of-way management charge for the first 1,000 linear feet in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$150
inflow
FF16 right of way management additional linear feet charge
Right-of-way management charge for 0-1,000 additional linear feet in the fee schedule amendment exhibit.
fee · Planning, Zoning, & Development Fees
$30
inflow
FF17 Section 1-2-3 E.1 application escrow
Escrow amount for applications addressed in Section 1-2-3 E.1 in the fee schedule amendment exhibit.
fee · Professional Fees & Escrow Amounts
$1,500
inflow
FF18 single family new construction NPDES inspection fee
Single-family new construction NPDES inspection fee per lot in the fee schedule amendment exhibit.
fee · Grading, Landscaping, and Construction Escrows
$200
inflow
FF19 single family new construction NPDES escrow
Single-family new construction NPDES inspection/compliance escrow per lot in the fee schedule amendment exhibit.
fee · Grading, Landscaping, and Construction Escrows
$2,000
inflow
FF20 single family alterations NPDES inspection fee
Single-family alterations NPDES inspection fee per project in the fee schedule amendment exhibit.
fee · Grading, Landscaping, and Construction Escrows
$200
inflow
FF21 single family alterations NPDES escrow
Single-family alterations NPDES inspection/compliance escrow per project in the fee schedule amendment exhibit.
fee · Grading, Landscaping, and Construction Escrows
$1,000
inflow
FF22 high priority use NPDES escrow minimum
Minimum NPDES inspection escrow for all other high priority uses in the fee schedule amendment exhibit.
fee · Grading, Landscaping, and Construction Escrows
$2,000
inflow
FF23 special meetings public hearing fee
Special meetings public hearing fee in the fee schedule amendment exhibit.
fee · Other Fees
$500
inflow
FF24 special meetings city council fee
Special meetings city council fee in the fee schedule amendment exhibit.
fee · Other Fees
$500
inflow
FF25 littering and illegal dumping fee
Littering and illegal dumping fee in the fee schedule amendment exhibit, plus costs incurred.
fine · Other Fees
$100
inflow
FF26 excessive use of law enforcement services fee
Excessive use of law enforcement services fee for the third annual violation and each later violation in the fee schedule amendment exhibit.
fee · Other Fees
$70
inflow
FF27 class A zoning administrative enforcement fee
Class A zoning administrative enforcement fee in the fee schedule amendment exhibit.
fine · Administrative Enforcement Fees
$200
inflow
FF28 class B nuisance administrative enforcement fee
Class B nuisance administrative enforcement fee in the fee schedule amendment exhibit.
fine · Administrative Enforcement Fees
$250
inflow
FF29 class C administrative enforcement fee
Class C all other violations administrative enforcement fee in the fee schedule amendment exhibit.
fine · Administrative Enforcement Fees
$100
inflow
FF30 administrative hearing fee
Administrative hearing fee in the fee schedule amendment exhibit; costs also paid by the non-prevailing party.
fee · Other Fees
$100
inflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
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.
<!-- PageBreak --> <!-- PageNumber="152" --> 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 dis
<!-- PageBreak --> <!-- PageNumber="15" --> 16\. Noise levels which constitute a nuisance shall be prohibited as regulated in the Minnesota Pollution Control Agency's Noise Pollution Control Rules (MN
<!-- PageBreak --> <!-- PageNumber="34" --> 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 materia
<!-- PageBreak --> <!-- PageNumber="154" --> 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\
<!-- PageBreak --> <!-- PageNumber="11" --> 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 pro
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