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LAKE ELMO CITY COUNCIL MINUTES JUNE 21, 1994 Tom P. Armstrong asked the council not to repeal the ordinance because they would be punished severely if the ordinance is repealed. This would make their buildings non- conforming and if they are destroyed over 50% by fire, tornado or other hazards, they would not be able to rebuild. Items that need to be addressed are in terms of the outside storage definition, the actual defined CUP site, what is the contiguous land, what is the actual CUP site control, and how does that affect surrounding parcels regarding the zoning. M/S/C Mottaz/Conlin - to adopt Ordinance 8097 repealing 301.070 D.1.b.(6) of the Lake Elmo Municipal Code relative to Alternative Uses in the Agricultural Zoning District. (Motion carried 4-1:Johnson:He shares Armstrong's concern on rebuilding there is ever a fire if he becomes a non -conforming use. He doesn't want to put Armstrong out of business.) F. Text Amendment to Alternative Ag Tom P. Armstrong asked cannot their application be processed if the application was submitted when the ordinance was still valid. Attorney Filla responded they do not have a vested right to proceed with that application even though it was submitted before the council's action this evening. The text amendment is a moot issue at this point. G. Petition for Walter & Gladys Goetschel for detachment from Baytown and a concurrent annexation to Lake Elmo The City received a petition from Walter and Gladys Goetschel requesting annexation to Lake Elmo of their property that lies between Highway 5 and the boundary line. There are two small parcels within this area that are not owned by the Goetschel's. M/S/C John/Conlin - to direct the city administrator to write a letter to Baytown formally making this request and request time on their July 11, 1994 agenda to discuss the Goetschel annexation and also approach the other owners to find out what their action would be to this proposal. (Motion carried 5-0). M/S/C Johnson/Johnston - to designate Mayor John to attend the July 11, 1994 meeting to talk with the Baytown Township Board subject to the following conditions: (1) The Mayor shall not be considered a committee or subcommittee of the council for this purpose as those terms are used in the MN Open Meeting Law, (2) The Mayor shall have no authority to act on behalf of the city without further council approval, (3) The Mayor shall report to the Council regarding the content of such discussions, (4) The council reserves the right to reevaluate the efficacy of the discussion process after the meeting of July 11, 1994. (Motion carried 5-0: Mayor John modestly accepted this designation).