07-06-2010 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2010 2 REGULAR AGENDA: Consideration of Ordinance 08-026 Amending the definition of “Wayside Stand: The City Council was asked to consider the Planning Commission’s recommendations to modify the definition of “Wayside Stand” in the City Code. That definition, in Section 11.01 of the City Code, presently defines a Wayside Stand as a “temporary structure or vehicle used for seasonal retail sale of agricultural goods produced by the operation of the wayside stand on-site on other property in Lake Elmo. The proposed revision to be considered would delete from the definition the words “or on other property in Lake Elmo”. Mayor Johnston opened up the meeting for public comment. Kaye Hilpisch, 10732 Stillwater Blvd., asked the Council to keep the farmers operating for many years even if they have to go outside of the City to secure products. Ed Gorman, 11011 Stillwater Blvd., asked that the Council set up a committee to study this item or set up a referendum voted by the residents. He believes the City Council is going down the wrong path. Kathy Lohmer, 8199 Hill Trail N., didn’t want to see Lake Elmo lose businesses. It didn’t make any sense to her for businesses not being able to sell all their products. Dick Bergmann, 5500 Lake Elmo Avenue N., stated he is a fourth generation farmer and has sold items outside of Lake Elmo since 1972 and now the City is telling him if you sell products you have to grow them in Lake Elmo This would put him out of business. He was not aware of the extreme violation until December, 2009. Cari Myhra, 456 Manning Avenue N., stated since there is ambiguous language in the ordinance a study committee should be formed. A farmers market is not a cure all because there are other perishable items that can’t be sold at a farmers market. Keith Bergmann, 5833 Lake Elmo Avenue N., stated the wording affects all the farms in the City because it makes it harder for the small farmer to sell their products. He said they have been selling products not grown on the site for years. He pointed out that Lake Elmo Sod Farm grows sod in Lake Elmo and has to cross the street to West Lakeland Township to sell their product. He asked the Council to re-examine the ruling and strike out “Ag sales grown on the premises”. Randy Schwartz, 1750 Lake Elmo Avenue, stated his family worked for Bergmann’s for years selling quality products. He asked why the City isn’t protecting these residents. Jeanne Novak, 2925 Klondike, asked why has the wording changed, has the Bergmann’s done something wrong, and how can the City make an adjustment so the Bergmann’s can carry on their business.