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APPROVED AS AMENDED MAY 16, 2006 <br />10. CITY ATTORNEY' S REPORT: <br />Attorney Filla provided a legal opinion handout to Council regarding Drive -In, Drive -Up <br />and Drive -Through Facilities. Equal Protection Standards cannot distinguish in a GB <br />zone based on what is an interior business vs. exterior business. Recommendation is for <br />the City to determine the concerns relating to the food industry prior to amending current <br />or adopting new regulations. <br />Mayor Johnston is willing to allow a walk-up/pick-up window based as code regulates <br />accessory use not listed as business. City Planner recommends allowing of a drive -up <br />window. Business owner Ed Gorman had requested a drive -up window, menu board and <br />intercom. <br />M/S/P Johnson/Smith — to direct the Planning Commission to allow walk-up window for <br />consideration and refer back to the next Council meeting. (Motion passed 4-0: DeLapp <br />Absent) <br />11. CITY ADMINISTRATOR'S REPORT: <br />None. <br />12. CITY COUNCIL REPORTS: <br />Mayor Johnston informed the Council that Washington County Library is sponsoring a 9- <br />week reading program. Reminder that the Board of Review will be held on Wednesday, <br />May 3rd, 4-6 pm in the Council Chambers; Clean Up Day is Saturday, June 3rd, 8-noon; <br />the Old Village Presentation Open House is Wednesday, April 19, 6:30-8:30 pm at Lake <br />Elmo Elementary School. <br />Council Member Conlin commented on the condition of the tennis courts and that repair <br />was designated in the CIP for July. <br />Council Members commented in regard to Council Member DeLapp's behavior of <br />leaving in the midst of Council Meetings. Attorney Filla said unless a Rule of Conduct is <br />adopted, there is no course of action. Council Member Conlin asked Attorney Filla about <br />common practice to leave City Council meetings, and how bad behavior is treated. <br />Mayor Johnston stated that the City adopted Roberts Rules of Order. Council Member <br />Conlin said Council Member DeLapp was not doing his job; behavior was out -of -order <br />and was not being responsible. <br />Council Member Johnson congratulated the Lake Elmo Lions on a wonderful and <br />successful Cadillac Dinner Monday night. <br />Council Member Smith requested support for application of a Landscape Partnership <br />Grant with MnDOT for sections of Highway 5. <br />Council Meeting adjourned at 10:50 p.m. <br />LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 <br />