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October 17, 2006 CCP
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October 17, 2006 CCP
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DRAFT <br />It was the consensus of the City Council that the City Administrator should set up a City <br />Council Workshop to exclusively address the Village Area planning team at the earliest <br />possible date. <br />G. Seasonal Sales <br />Council Member Smith advised the Council that she had received a disturbing telephone <br />call from a resident over the past weekend regarding the seasonal sales of pumpkins by <br />the Ziertman's at their residence in the RR zoning district. Council Member Smith then <br />reviewed State Statute and historical City documents for the City Council which, she <br />concluded, establishes that sales of agricultural produce in the RR zone is legal in Lake <br />Elmo. She also reported that the party complaining about the pumpkin sales at the <br />Ziertman residence herself previously sold pumpkins at her residence. <br />City Attorney Filla stated that he has for 15 years, and continues to believe, that seasonal <br />sales of agricultural produce is not a use allowed by the Lake Elmo zoning ordinance in <br />the RR zoning district but is specifically allowed in the AG zoning district. <br />Resident Diane Sessing, 5699 Keats Avenue North, advised the City Council that she had <br />complained to Council Members regarding the pumpkin sales at the Ziertman residence. <br />She noted that she had indeed sold pumpkins at her residents as well, in the past, but <br />ceased those sales to the public after 2003 when she was advised that such sales were not <br />legal in the RR zone. <br />M/S/P Conlin/Johnson — to direct Staff to enforce the Code as indicated by the City <br />Attorney. (Motion passed 4-0:1 DeLapp-Absent) <br />City Administrator Rafferty advised the Council that the processing time for any citation <br />the City may issue will likely carry forward to beyond Halloween, after which pumpkin <br />sales will likely cease anyway. <br />M/S/F Johnston/Smith — to suspend consideration of issuing as violations a citation until <br />after Council further discusses the issue of seasonal sales of agricultural produce, <br />including amending the zoning ordinance to allow such sales in the RR district. <br />(Motion Failed 2-3: ROLL CALL: Johnston -yes, Smith -yes, DeLapp-no, Johnson -no, <br />Conlin -no) <br />Mayor Johnston indicated that he thought the issues remain unresolved as to the legality <br />of the pumpkin sales based on Council Member Smith's research and report. As such, he <br />opposed the motion, <br />Council Member Conlin questioned the rationale of suspending consideration with a clear <br />Code violation apparent, and asked the City Attorney if he thought there was any risk to <br />the City by postponing action. <br />Mayor Johnston indicated that he sensed an interest by the Council in amending the Code <br />to allow these seasonal sales in the RR district. <br />LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 <br />
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