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Mr. Sherif Tawfic of Garden Avenue asked why the Farmer's Market is leaving Har Mar. . Commissioners answered that the new Cub Foods store does not like the competition and Har Mar had raised the rent. Mr. Tawfic asked how frequently the permit would be evaluated and whether residents' feedback would be taken into account. City Attorney Knutson said that this would depend on what the City Council eventually decided. He suggests one year. Mr. Wayne Wakefield of Lindig Street spoke next, calling the market "a good thing for the city." He said he is not concerned about the traffic. Commissioner Lageson addressed the representative from the Farmer's Market who was filling in for Jack Gerton, and asked if the Farmer's Market had considered any other locations. She said this location was offered to them, so they had jumped at it. Most of their locations are in church parking lots that are much smaller. Vendors are responsible for cleaning up their space; they are fined if they do not clean up. Mr. Dennis Porter, owner of DJ's Embers America, spoke in favor of the market. He said he is encouraged to hear of more potential customers for his business coming through the city on Tuesday mornings and feels it would benefit other local businesses in the community. As a Farmer's Market customer for his restaurant, he has found customers to be polite, courteous, ecologically concerned and economically minded. In response to a question from Ms. Soliman, Ms. Worthington explained that the interim use permit is based on the conditional use permit, which has landscaping requirements. Since the Farmer's Market is only in operation one day per week, it does not make sense to apply that requirement. • There being no further comments, the public hearing was closed. At the request of Commissioner Harris for clarification of the process, Mr. Knutson said that there are two steps: (1) approval of the ordinance presently under consideration and (2) the actual permit. Tracy moved, Harris seconded, that the Commission recommend approval of the ordinance to the City Council. The following points were made in the discussion: ^ In the definition section, "produce" is assumed to mean "fruits and vegetables," but the Commissioners can change the definition if they so desire. ^ In the section establishing the general Interim Use Permit, a proposed use may meet one of the qualifications but not all three. ^ Conditions for termination of the IUP are out of the state statute - an end date or the event of not meeting the conditions. ^ If the City decided the Farmer's Market was not a desirable use after all, the City could amend the code to remove the Farmer's Market as an Interim Use. ^ If produce is all sold early, the market can close early, according to the Farmer's Market representative. ^ St. Paul Farmer's Markets now sell bedding plants, flowers, fruits and vegetables, some meat and cheeses, salsa made by vendors, some baked goods. ^ Other St. Paul Farmer's Market sites have operated for many years without major problems. The site at St. Luke's has very little off-street parking. ^ Several commissioners commented that the impact of the Farmer's Market would be much . less than the State Fair. 03_0204.doc Falcon Heights Planning Commission, February 4, 2003 Page 4 of 6