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LAKE ELMO CITY COUNCIL MINUTES <br /> FEBRUARY 18, 2014 <br /> <br />Page 3 of 6 <br /> <br />City Attorney Snyder gave his legal opinion on what the City’s liability to pay. Based on the contract and available information, his recommendation is that unless there is additional information, the City reaffirms the engineer’s payment recommendation. <br />MOTION: Council Member Smith moved TO REAFFIRM PAY REQUEST NO. 2 (FINAL) TO ST. <br />CROIX VALLEY LANDSCAPING IN THE AMOUNT OF $3,560 FOR THE ONE YEAR <br />MAINTENANCE CONTRACT FOR THE 2012 RAIN GARDEN PROJECT. Council Member Reeves <br />seconded the motion. <br />Council Member Nelson noted that the rain gardens are continuously problematic. He wants City to see <br />what can be done to mitigate the issues. Council Member Bloyer concurs. Council Member Reeves’ <br />opinion is that if the rain garden is designed, installed, and maintained properly, they work and serve a <br />valuable purpose. They cannot be simply put on autopilot. Mayor Pearson and Council Member Bloyer <br />agree that they can work when things are done properly. Mayor Pearson questioned whether <br />the significant monies spent creating and maintaining the rain gardens could be better spent elsewhere in a <br />way that could provide a more tangible value. The question is who is responsible when they fail? The <br />agreements to maintain the rain gardens was discussed. Consensus was that the agreements needed to be <br />enforced or addressed differently. <br />MOTION PASSED 5-0. <br />ITEM 11: LIVESTOCK/ANIMAL ORDINANCE AMENDMENT; ORD. 08-100, RES. NO. 2014- <br />12, ORD. 08-101 <br />City Clerk Bell provided overview of the proposed amendments. The main amendments were to repeal <br />the livestock section of the Zoning Code and relocate it in the newly created Animals Chapter as well as a <br />few housekeeping items. The other main amendments were the addition of the new chicken and bee <br />keeping provisions. Livestock would also now be allowed to be kept on lots 5 acres or more. The old <br />standard was 10 acres. Chickens would be allowed on 1/2 acre lots. Bees would be allowed on 1 acre lots. <br />Permits would be required for chickens and bees on less than five acres. Permits would be $25. <br />The history of the ordinance and the changes requested by the Planning Commission were explained. The <br />number of chickens and lot size minimums were discussed. Because of initial pushback by Planning <br />Commission, staff modified the original proposal to make it much more conservative than the original <br />drafts. It was noted that the Commission vote was 6-1, with Commissioner Lundgren voting no. Her <br />opinion was the proposal was too conservative and restricting. The setbacks and coop design was also <br />discussed. The notice requirement was discussed. Mr. Bell stated that it primarily was an opportunity for <br />residents and neighbors to be heard. Staff did not find instances where a council denied application based <br />on neighbors protest. <br />Bee keeping education was discussed. Staff was open to adding other specific institutions, but <br />recommends that that some type of education requirement be required. The notice requirement was <br />discussed. The number of hives and lot sizes were discussed. <br />MOTION: Council Member Smith moved TO APPROVE ORDINANCE 08-100, AMENDING THE <br />ZONING CODE CONCERNING LIVESTOCK AND KENNELS, AND ALSO AMENDING THE <br />ANIMALS CHAPTER OF THE GENERAL REGULATIONS OF THE CITY OF LAKE ELMO. <br />Council Member Bloyer seconded the motion.