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Regular City Council Meeting Monday, May 24, 2010 Page 16 bors. Mayor Klausing advised that, if further review of future community gardens and any necessary code requirements for their use through the CUP process was indicated, that this was a separate issue. City Planner Thomas Paschke clarified that a community garden, if determined as a nonconforming use, would cease to exist, in accordance with recent legislation and revised State Statute, after abandonment of that use for a one year period. Councilmember Roe noted that the initial phase of the community garden is smaller than originally envisioned; and in future review a threshold could be de- termined with a certain percentage of property as a consideration; and any future expansion triggering a CUP. Councilmember Pust addressed the determination of low impact, quasi-public uses, and generation of people and activity on-site, making her lean toward mod- erate impact. Councilmember Pust, however, noted that, if NPCP came forward with a CUP application, she would support it, and allow the garden to go forward conditionally to meet public concerns. Councilmember Johnson expressed his preference for a CUP process, but spoke in support of the motion, based on the limited criteria provided, and the need for the City Council to determine if it met the five criterion and his literal interpretation of the definition of "employee." Councilmember Pust clarified that, even though interpreting the code differently, each individual Councilmember was doing their job. Councilmember Ihlan advised that she would be voting against the motion; but was supportive of the community garden, and would support a CUP; however, opined that she found this to be a moderate, quasi-use within the code. Roll Call Ayes: Roe; Johnson; and Klausing. Nays: Pust and Ihlan. Motion carried. Mayor Klausing requested a future review of community gardens and their im- pacts in the context of various zoning districts. Recess Mayor Klausing recessed the meeting at approximately 9:16 p.m. and reconvened at approx- imately 9:24 p.m. c. Appoint Grass Lake Watershed Management Organization (GLWMO) Board Member