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D. Partial Payment #4, S.J. Louis Cons. Section 33 Utilities In memo dated May 1, 1997, Lang Bohrer reported the work associated with the SE'/< Section 33 Improvements is substantially complete and is operational. The only work remaining is some clean up and minor corrective work. M/S/P Hunt/Conlin — to approve Change Order No. 2 in the amount of $9,085.08 and to approve Partial Payment No. 4R in the amount of $79,540.94 payable to S.J. Louis for the improvements made in SE 1/4 of Section 33. (Motion passed 5-0). 7. PARKS/MAINTENANCE DEPARTMENT/FIRE DEPARTMENT. 8. PLANNING.LAND USE & ZONING: A. Subdivision variance for Olson Lake Trail, Applicant: Sovereign At the March 10,1997 Planning Commission meeting, the Commission recommended a minor subdivision (8-lot line adjustments). This was done to correct a problem with a lot of record that is paced between Olson Lake Trail North and nine existing parcels. The proposal is to subdivide the parcel and combine them with the adjacent parcels. An issue was raised regarding the subdivision ordnance. A minor subdivision is a division of land resulting in no more than two parcels of land and this has eight. A variance is needed to subdivide this parcel. At its April 28th meeting, the Planning Commission recommended approval of the variance based on the findings of the City Planner. M/S/P DeLapp/Conlin — to adopt Resolutions Nos. 14-21, Resolutions granting a Minor Subdivision to Kenneth L. Sovereign and Janet L. Sovereign based on the findings of the City Planner and the recommendation of the Planning Commission. (Motion passed 5-0). B. Appeal Request for sign variance by Richard Kosman, Leslie's Floor Ddcor. City Attorney Filla reviewed the sign ordinance in relation to this request. The sign ordinance is not in the zoning section of the code and therefore the variance provision of the zoning code does not apply to this application. M/S/P Hum/DeLapp - to deny the variance request for placement of a 64 sq.ft. sign, 20 ft. in height, 20 ft. from the public roadway requested by Richard Kosman, Leslie's Floor Decor, 11227 Stillwater Blvd. (Motion passed 4-1:Dunn: 1) Business owners not notified of new sign ordinance, 2) Sign requested a reduced size to what is currently in place at the business; 3) Sign concerns should have been dealt with at PZ level before approval of the project; 4) Refund the cost of applying for a variance to Mr. Kosman of Leslie's Floor Decor). Councilor Dunn felt the sign ordinance is not appropriate for the corners in the Old Village, An example is Mr. Kosman's variance request for the height of the sign is mainly due to the accumulative snow preventing customers traveling Highway 5 to miss the sign and drive past their location, It was suggested that the Lake Elmo Business Association be invited in for their input on signage M/S/P Hunt/John — to direct the staff to update items of detail in the sign ordinance based on discussion and include input from the Lake Elmo Business Community and any interested residents. (Motion passed 5-0). C. Rezone from (RR) Rural Residential to (OP) Open Space Preservation District, THE HAMLET Planner Terwedo explained Robert Whitman, 1381 Lake Elmo Avenue, is requesting a zoning map amendment to rezone a 90 acre parcel of land from (RR) Rural Residential to (OP) Open Space Preservation District. The parcel of land has been identified in the future land use map as an open space development area. LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1997