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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 9 G. General Business Ordinance Amendment Ed Gorman, owner of the White Hat restaurant, stated he did not want to operate the proposed bakery with a conditional use permit because it would not be possible for him to get a construction loan. He also maintained that the bakery was not a manufacturing operation, and, therefore, should be allowed. He said that manufacturing means "to make by hand" which he does now by making his soup and buns. Gorman also stated the City did not have control over whether his bakery goods sold at wholesale. If someone comes in and buys a dozen sandwiches then turns around and sell them at a higher price, this is wholesaleing which he has no control over. He intends to use the bakery goods in the Lake Elmo restaurants as well as his White Hat restaurant in St. Paul, and then he would sell them, retail at the St. Paul site. Mayor Christ and Councilmembers Graves, and Moe agreed with Mr. Gorman in amending the General Business zoning ordinance rather than issuing a CUP. Johnson felt a bakery is a retail operation and should be under General Business. He saw catering as being unobtrusive. The only problem is when a operation goes beyond retail and affects the City. Councilwoman Armstrong favored a CUP and asked Mr. Gorman what he had to fear from using a CUP. City Attorney Knaak explained his concerns that were stated in his previous letter are still there, but if this is what the City Council wants to do, this is way to do it by a General Busining zoning amendment. Knaak added the wording "and catering incidental to a restaurant" in the General Business zoning amendment. Councilmember Johnson wanted to table action because he felt the council would be acting too hastily and asked to see the ordinance at the next meeting. M/S/ Graves/Moe - to amend Section 301.070 D.7 of the Lake Elmo Municipal Code to include (1)(t.) Restaurants, restaurants with supporting and incidental retail sales bakery operation, and catering incidental to a restaurant. M/S/P Johnson/Armstrong - to table the motion for a General Business ordinance amendment for further discussion until the next meeting. (Motion carried 4-1<Moe>). Mayor Christ explained that he voted in favor of tabling, even though he supported the amendment, because he sensed that a vote on the amendment would not have passed. 7. CITY ENGINEER'S REPORT A. Permit for Work in Protected Waters (Eagle Point Lake) --Valley Branch Watershed District The —wator-shed— isriet wants te-pepaee—a 2-4" eulvert at the —ell earthern dam on Eagle Point Lake with a 73" concrete pipe arch culvert. Washington County wants to maintain the trail crossing at