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6. That the concept plan shows a better use of the Zind property than what had already been approved under the current regulations. (Motion passed 3-2:Dunn, Armstrong: the Findings do not warrant taking the properties out of the moratorium). D. Zoning Text Amendment—AccessoryStructure This agenda item was tabled at the November 5 Council meeting because 4 votes are required for adoption, and only 3 Council members were in attendance. M/S/P DeLapp/Johnston - to adopt Ordinance No. 9738, as amended, Page 3 Agricultural (non -conforming Add: "Up to" and Delete "Under"), An Ordinance amending the Lake Elmo Zoning Ordinance regarding Standards for Accessory Structures. This amendment is intended to clarify the intent of the code and not intended to rewrite the ordinance. (Motion passed 5-0). E. Comprehensive Plan Amendment— Northeast Annexed Area This agenda item was tabled at the November 5 Council meeting because 4 votes are required for adoption, and only 3 Council members were in attendance. M/S/P Johnston/Dunn - to adopt Resolution No. 98-65, A Resolution granting preliminary approval to the Comprehensive Plan Amendment for the Northeast Annexed Area; and directing submission of the amendment to adjoining cities and the Metropolitan Council. (Motion passed 5-0). F. City Code Amendment —Snow Fencing As directed by the Council, staff has worked with Council member DeLapp to come up with appropriate ordinance language to address the snow fence regulation issue raised by the Planning Commission earlier this year. On October 26, the Planning Commission recommended approval of the ordinance language that resulted from the regulatory concept developed by Council member DeLapp. As directed by the Council, the draft ordinance has been referred to Dan Olinger for his comment. Dan notes that, while the proposed snow fence setback does not coincide with the MnDOT standard of 75-125 feet, application of the standard to interior property lines is a different situation. He suggests the City use the 50-foot standard for now, and revisit the standard if it proved ineffective. He also comments that a standard for snow fence set back is difficult to apply universally, since circumstances are so site specific. Administrator Kueffner pointed out this code amendment will be tough to enforce and does not see a need for it. Council member Armstrong asked the Council to review the amendment in another year to see if it causes problems. M/S/P DeLapp/Armstrong—to adopt Ordinance No. 9739, An Ordinance amending Section 1360 of the 1997 Lake Elmo Municipal Code regarding the regulation of snow fencing. (Motion passed 3-2:Johnston, Dunn) 9. CITY ATTORNEY'S REPORT:None 10. CITY COUNCIL REPORTS: B. Council Member DeLapp: 1. Allowed uses in OP re:duplexes The Planning Commission is taking up modifications to the OP ordinance to address some of the issues that come up in order to try to prevent having 50 neighbors write a petition against a particular development. He asked the Planning Commission to look at the concept of duplexes as an allowed use in OP. One lot with two houses on it should not be permitted. The City should consider mother-in-law apartments by a CUP to make sure it is not rented and only used by a family member. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1998