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LAKE ELMO CITY COUNCIL MINUTES June 04, 2013 Page 3 of 7 The past actions by the council, planning commission and staff were discussed. Council Member Smith expressed her continuing discomfort with the situation. She would prefer that the item be send back to staff for further consideration. Planning Director Klatt explained that the variance was approved and it would now be inappropriate to deny the subdivision at this point. The application meets the City criteria. If the Council wants to go back and look at the variance, it can, but that is a separate issue. City Attorney Snyder stated that the City can look at additional conditions if Council desires. The possible options for further consideration were discussed. Mr. Klatt noted that if the conditions for the variance were not met within a year, the variance expires and the applicants would have to start over. This would be a safeguard. The variance requires the granting of easement in the year timeframe. This granting would only come about with a sale to a third party. Mr. Snyder explained that it would be the council’s discretion over whether the language used would be sufficient. Jim Kelly from the church spoke about the church’s efforts in selling the property in order to comply with variance terms. Some potential buyers and consultants have stated that the parking is adequate. He said it has been difficult to sell the property, but that splitting the lot would help sell the property. Mayor Pearson believes the benefits outweigh the risks. Mr. Klatt said the sewer may split the lots regardless. MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO. 2013-46 APPROVING A MINOR SUBDIVISION TO ALLOW THE DIVISION OF A PARCEL AT 3549 LAKE ELMO AVENUE INTO TWO LOTS. Council Member Bloyer seconded the motion. MOTION PASSED 3-1 (SMITH NAY) ITEM 6: LIQUOR LICENSE CODE AMENDMENT; ORDINANCE 08-081 (pulled from Consent) Council Member Smith recalled that she was the sole vote against Village Wine being approved where it was. She asked why council approved another liquor establishment there when it wasn’t allowed- as it has done with all the other downtown licenses that should not be there. She expressed her frustration that the City has not complied with its own code. MOTION: Council Member Smith moved TO APPROVE ORDINANCE 08-081, AMENDING THE LAKE ELMO ALCOHOLIC BEVERAGES CODE AS PRESENTED. Council Member Nelson seconded the motion. MOTION PASSED 4-0 REGULAR AGENDA ITEM 10: MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT – ANNUAL PUBLIC MEETING AND ACCEPT THE 2012 MS4 ANNUAL REPORT Assistant City Engineer Stempski presented the municipal storm water permit overview. The City is required by law to obtain this permit. This meeting constitutes the required annual public meeting. Next step is to submit the annual report to the Minnesota Pollution Control Agency. He provided an overview of the implementation of City’s SWPPP in 2012.