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Updated: Fridley Farmers Markets Wouldn't Include Front Yard Stands

Proposed ordinance change would still prohibit most marketing of food products in residential areas.

 

Update (June 11, 2012): City of Fridley staff clarified in a June 7 memo that under a proposed zoning code change to allow and permit farmers markets, residents could sell garden products from their property without a permit. The city would get involved only if the produce stand created a traffic or parking problem or otherwise created a nuisance, according to the memo.

Original post (May 20, 2012): Farmers markets could pop up almost anywhere in Fridley under a proposed ordinance change that gets its first reading at Monday's city council meeting.

The exception: most properties in residential area couldn't host markets. Farmers markets would be allowed at properties under every other type of zoning, from commercial to heavy industrial.

The sale of garden products in residential areas "could cause disruption and alter the characteristics of the residential neighborhoods, by bringing increased traffic, congestion and parking problems," according to the city attorney. So the proposed ordinance change would only allow farmers markets if the residentially zoned property holds an institution, such as a church, school or clinic. 

In the full agenda for Monday's meeting (see PDF), the city attorney said that the city can use its police powers to enforce zoning ordinances restricting the sale of homegrown produce—despite language in the  Minnesota Constitution (Article XIII, Section 7) stating: “Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.”

The Fridley City Council meets Monday at 7:30 p.m. at Fridley City Hall. The second reading of the proposed farmers market ordinance changes is set for June 11, 2012.

Related Topics: Farmers Markets and Fridley City Council
Are you OK with farmers markets allowed everywhere in Fridley except most residential properties? Tell us in the comments.

Jeff Thompson

8:00 am on Monday, May 21, 2012

And how does this differ from a garage sale? Fridley needs more rules, regfulations, permits, fees, restrictions because the Kool-aide stands are going to be next and we all know how dangerous they are becoming. Dang kids! LOL

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Sara Sangiovanni

8:50 am on Monday, May 21, 2012

I don't think I could word it any better -or funnier- than Jeff! We've only lived in Fridley for three years and have been amazed (not in the good way) at how rigid and protective of the "suburban way" the City is. Hopefully the City will catch up to the residents of Fridley who seem to be more progressive and open to change.

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Chris Steller

9:36 am on Monday, May 21, 2012

It seems like the city is trying to open up to farmers markets, just not in front of houses. Maybe my headline isn't quite fair: the proposal is about farmers markets the city would issue permits for, not necessarily single stands. But they do seem also to be banning any produce to be sold out of yards. Jeff and Sara, have you seen regular yard sales create traffic or parking problems in Fridley?

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WOLFMAN

7:44 am on Thursday, May 24, 2012

But the state Article DOES ALLOW this type of sales activity in residential areas too. How can the city council override language presented in a state Article permitting these sales?

John Anderson

10:27 am on Monday, May 21, 2012

There is already a limit on the number of garage/yard sales people can have in Fridley. They don't need to enforce this in residential areas especially when they do, they are actively violating the Constitution of Minnesota.

This is another example of the Council and City Staff looking for a way to be relevant by expanding government and thus providing themselves job security.

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Chris Steller

2:34 pm on Monday, May 21, 2012

John, would your objection extend to the city ordinance change last year restricting parking that obstructs residential mail boxes? Or is that a reasonable use of local government authority in your opinion?

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A. Meisner

4:07 pm on Monday, May 21, 2012

My two cents worth is, as a consumer and not a seller (I have a black thumb!), I can tell you I would much prefer to have centrally located options where I can shop lots of produce at once, as opposed to finding out which random house (or houses) in the City has the "best goods". That wouldn't be as attractive to me.

While I'm sure it's true and legal that "the city can use its police powers to enforce zoning ordinances restricting the sale of homegrown produce—" I feel like this is more of an inflammatory statement, than something we'd actually have to worry about...

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Chris Steller

9:24 am on Thursday, May 24, 2012

What you say is true, Wolfman. I suppose if someone was really interested they could take that case to court. But the city attorney seems to think the city would be on firm legal ground restricting front yard farmers markets.

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WOLFMAN

9:40 am on Friday, May 25, 2012

Sounds to me like the city is trying to override the state's 'Article'. As a suggestion, the city attorney may want to re-read the Article and may want to reconsider his position. This could conceivably end up in court as a 'Rights' issue.

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DOLLY MCPHILLIPS

8:37 am on Monday, June 11, 2012

i think the city ought to stick wiith government issues and leave the private sector alone, we all like to make a few extra bucks and some of the older folks who love to grow things and sell for a few pennies are not able to trek to some big city location . they love to grow & sell while then sitting in their own yard to enjoy the fruits of their labor. arent their bigger issues you folks in the govt should be attending to? honestly, get your foot in my door any further and i will have to cut it off to shut the door.

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Chris Steller

2:13 pm on Monday, June 11, 2012

Dolly, I should add an update line to this post because the latest is that city staff says that front yard or driveway produce stands wouldn't need permits or attract any city attention unless they create a traffic jam or disturbance.

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