October 17, 2006 CCP - Laserfiche WebLink

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