07-05-2005 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 8 M/S/P Johnson/Johnston – that staff be directed to research historic topographic information to determine the extent to which the grading of the Sessing property since 1980. has altered natural drainage in violation of the City regulations…delete these last words. (Motion passed) Council member DeLapp asked to delete the words “to the detriment of the Ziertman property”. Rod Sessing handed out a list of 17 businesses in the City where people are allegedly operating a business out of their home. Attorney Filla indicated that the City sent out a questionnaire October of 2004 asking specific questions about their business. The Sessings admitted to operating this business. They appealed the Cease and Desist order on October 26, 2004. Council upheld the Cease and desist on November 16, 2004. Attorney Filla expressed that the City is on firm ground regarding the Cease and Desist. Jean Anderson, Attorney representing the Sessings, pointed out home occupations have been on the increase since September 11th and the City ordinance is too broad and needs to be amended to support small businesses so people can make a living out of their homes. She suggested placing a moratorium in order to revise the Home Occupation Ordinance to reflect reality. Attorney Filla explained the City is saying if you are selling products and have an inventory in the house, as stated by Mr. Sessing in his literature he handed out suggesting you can’t have a fax or fax paper is contrary to the Home Occupation definition. If the City learns of other identical businesses in the City, he would ask the staff to pursue an investigation. Council member Conlin asked if home occupations on the Sessing’s list are different than the Sessing business. Council member Johnson said she didn’t want this to become a witch hunt, but would like to have the Planning Commission work on Home Occupation and then work on compliance. Council member Johnson believes it is inappropriate for semi-trailers to be backing in and out of residential neighborhoods. Council member Smith pointed out that businesses like Southern Living and Partylite does not have on-site storage. She feels that if we allow this type of warehousing business, people will move to Lake Elmo to avoid renting a facility in a commercial district.