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HomeMy WebLinkAbout09-14-2010 packetCITY OF LAKE ELMO City of Lake Elmo 651/777-5510 3800 Laverne Avenue North / Lake Elmo, MN 55042 City of Lake Elmo City Council Meeting 3800 Laverne Avenue North Lake Elmo, 1VIN 55042 Tuesday, September 14, 2010 6:30 p.m. — 8:30 p.m. (?) 6:30 p.m, — 7:00 p.m. Special Meeting 1. Executive Session regarding discussion of legal issues and strategies relating to Bergmann, et al v. City of Lake Elmo, et a, 2. Adjourn closed meeting 7:00 p.m. — 8:30 p.m. City Council Workshop 1. Home Occupations Ordinance 2. Other 3. Adjourn **A social gathering may Or may not be held at the Lake Elmo Inn following the meeting.** printed on recycled paper CITY OF ' LAKE ELMOi MAYOR & COUNCIL COMMUNICATION DATE: 09/14/2010 REGULAR ITEM #: 1 EXECUTIVE SESSION AGENDA ITEM: Executive Session Regarding Discussion of Legal Issues and Strategies Relating to Bergmann, et al v. City of Lake Elmo, et al. SUBMITTED BY: Dave Snyder, City Attorney THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: Special Counsel SUMMARY AND ACTION REOUESTED: This Executive Session has been scheduled at the request of the City Attorney and Special Counsel in order to allow the City Council to discuss with the Attorneys and staff legal issues and strategies relating to Bergmann, et al v. City of Lake Elmo, et al. Pursuant to Minn. Stat. § 13D.05, subd 3(b) governing Attorney -Client Privilege, it is recommended that the City Council entertain the following motion to enter into Executive Session: SUGGESTED "Move to Adjourn to a Closed Meeting Regarding: Legal Issues and MOTION: Strategies relating to Bergmann, et al v. City of Lake Elmo, et al" BACKGROUND INFORMATION: At the recommendation of the City Attorney and Special Counsel, tonight's Closed Meeting will bring the City Council up to speed regarding legal issues and strategies related to this topic. STAFF REPORT: City staff will provide its report in Closed Session. Once a Closed Session is called, City staff will secure the facility and ensure all recording devices are turned off. RECOMMENDATION: It is recommended the City Council enter into Executive Session to discuss tonight's topic. The recommended motion on tonight's agenda is as follows: -- page 1 -- City Council Meeting Executive Session Regarding Discussion of Legal Issues and Strategies September 14th, 2010 Regular Agenda Item # 1 'Move to Adjourn to a Closed Meeting Regarding: Legal Issues and Strategies relating to Bergmann, et al v. City of Lake Elmo, et al" Following completion of the Executive Session, the City Attorney will publically summarize the actions and deliberations of the Council. If appropriate, the City Council should then entertain the following motion: "Move to direct the City Attorney, Special Counsel and City staff to proceed as directed in Executive Session." Alternatively, the City Council does have the authority to table this item at its discretion for future consideration, thus taking no action tonight. ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS: Introduction of Item Mayor Description of Legal Basis for Executive Session.. ..... ,...,„....,...., City Attorney Call for Motion for Closed Meeting ...................,....... ..... „ .... Mayor Facilitates Discussion., ........................... • ...... ........ .....,....„ ..... Mayor & City Council Action on Motion Mayor Facilitates Closed Meeting ...........,.....,.......................,........,......,.....,. ..... Mayor Facilitates Reconvene in Open Meeting Mayor Facilitates Description of Executive Session .................... ......... . ..... City Attorney Call for Motion, if Appropriate Mayor & City Council Discussion, if Appropriate Mayor & City Council Action on Motion, if Appropriate ............ ............. ,....... Mayor Facilitates page 2 -- CITY OF LAKE ELMO1 MAYOR & COUNCIL MEMORANDUM AGENDA ITEM: Horne Occupations Ordinance No. SUBMITTED BY: Lake Elmo Planning Commission Danielle Bailey, Planning Intern THROUGH: Bruce Messelt, City Adrninistrato REVIEWED BY: Kelli Matzek, Planner DATE: WORKSHOP ITEM #: DISCUSSION 08-027 9/14/2010 SUMMARY AND ACTION REQUESTED: The City Council is asked to review and provide Staff with feedback on a revised draft of Lake Elmo's Home Occupation regulations. This issue has been under review since 2004 with significant discussion (see Home Occupation Timeline) and was tabled by the City Council on July 18, 2006. It was revisited by the City Council on July 6, 2010. At that meeting, the City Council tabled discussion so that all members could be present to discuss the Planning Commission's recommendation. The item was subsequently tabled again on July 20th, 2010, due to other pressing agenda items, and rescheduled for tonight's Workshop. BACKGROUND INFORMATION: Staff is providing the Council with a Timeline of the Home Occupation Ordinance, 2006 proposed Horne Occupation regulations from Council Members Smith and DeLapp, Ordinance No. 08-027, and Resolution No. 2010-024 (necessary for summary publication). If it is desirous by the Council to further discuss this ordinance given its complexity and history, the City Council may schedule additional time for future discussion and consideration. The main discrepancies between the Planning Commission's recommended Ordinance and the 2006 regulations proposed by Council Members Smith and DeLapp fall upon 9 principle items: Item Classifications Planning Commission Recommendations 2 Classifications: Home offices and Home Based Businesses 2006 City Council Directions 1 Classification -- page 1 -- City Council Workshop Home Occupations Ordinance No. 08-027 September 14th, 2010 Workshop Agenda Item #1 Business Vehicles Equipment On Premise Sales Employees Customer Visits Accessory Buildings Storage Infrequent Sales 3 (to cover employees) allowed on site at any onetime for Home Based Businesses. Must comply with city parking regulations No limit Home Offices: not permitted. Home Based Businesses: not regulated but limited by customer visits (5 per day) Horne Office: no non-resident employees. Home Based Businesses: 2 non-resident employees Home Office: Not permitted. Home Based Businesses: 5 per day Office/Business allowed to operate within. Within residential/garage/accessory building structures/ Twice a year no more than 3 days in length 1 pickup truck or van allowed Limited by those normally found at a residence Not permitted No non-resident employees Not permitted Not allowed to operate within Enclosed and limited to 100sqft Twice a year no more than 6 days in length STAFF REPORT: The Horne Occupation Ordinance is currently out of date. It is only referenced in the definition section of the City Code, does not address garage sales or merchandise sales, and provides no review process to evaluate how intrusive a Horne Occupation is on surrounding property. Now that more and more individuals are beginning to use Home Occupations, it is becoming a necessity to update Lake Elmo's regulation in order to provide better guidance on the proper usage of Home Occupations, RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council discuss the discrepancies between City Council recommended regulations and those recommended by the Planning Commission. Following discussion, if appropriate, it is recommended that City Council consider directing staff to schedule adoption of Ordinance No. 08-027 at an upcoming Regular meeting. ATTACHMENTS: 1. Home Occupation Timeline 2, 2006 Proposed Regulations by Council Members Smith and DeLapp 3. Ordinance No. 08-027 4, Resolution No, 2010-024 page 2 -- City Council Workshop Home Occupations Ordinance No. 08-027 September 14th, 2010 Workshop Agenda Item #1 SUGGESTED ORDER OF BUSINESS: Introduction of Item .................. ...... .....„ Report/Presentation Questions from Council to Staff ..................................,. .. Public Input, if Appropriate Discussion/Direction ....................... ..... ........ ...... ....,........ ..... City Administrator Planning Staff .... Mayor Facilitates Mayor Facilitates Mayor & City Council --page3-- Home Occupation Timeline July 6, 2010—City Council tabled decisions for all members to be present. June 28, 2010—Planning Commission recommended approval of the Home Occupation Ordinance to the City Council April 12, 2010—Planning Commision made the following decisions with regard to. Home Occupations: o Home Occupations will be defined by two subtypes: Home Offices and Home Based Businesses. o Home Based Businesses should have a Home Based Business Permit that is monitored by the staff using an application procedure. o Horne Offices should be regulated by performance standards. o Exceptions to the Home Occupation Ordinance should include garage sales, licensed facilities, and agricultural sales. o A Garage Sale provision should be added to the definition section. March 22, 2010—Planning Commission made the following decisions with regard to Home Occupations: o They wanted separate regulations and definitions for home offices and home based businesses and wanted to return to the old planning commission draft as a starting point. o Degree of storage should not be limited for any home occupation. o Home offices would not have a permit and home based businesses would require a Special Home Occupation Permit. o Signs would not be permitted for any home occupation March 8, 2010—Planning Commission reopened discussion on the Horne Occupation Ordinance July 18, 2006—City Council o Tabled discussion June 12, 2006—Planning Commission made revisions to the recommended ordinance o Made the following changes: • Degree of storage should not be limited • Two non-resident employees are allowed in a home -based business • Annual license renewals is not needed Three business related vehicles are allowed at any time (parked off street) • • Limited visits from 10 to 5 per day • Deliveries limited to 6 trips daily June 6, 2006--City Council workshop o Made a draft ordinance March 27, 2006—Planning Commission Public hearing o Concern over stock and trade being limited because of invasion of privacy o Concern over how to address adverse impacts on adjacent property March 13, 2006—Planning Commission Public Hearing o Discussed Shoreview ordinance o Discussed the definition currently in use and suggested splitting it into two categories: home based business, and home office o Discussed difference between seasonal and year long businesses o Discussed deliveries November 14, 2005—Planning Conunission o Discussed Shoreview Ordinance and created a table o Discussed accessory structures o Discussed licensing o Discussed distinction between land uses October 24, 2005—Planning Commission o Discussed traffic concerns o Discussed exterior visibility of business March 14, 2005—Planning Commission o Home occupations discussed under a zoning text amendment Was amended to include RR zoning February 28, 2005—Planning Commission o Set up schedule for March 14, 2005 text amendment, and suggest tabling rest of the issue February 7, 2005—City Council, Home Based Business Workshop Home Occupations 1. Purpose: The purpose of this section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which hame.occupations canbe conducted in residential neighborhoods without jeopardizing:the health, safety and general welfare of the surrounding neighborhood. Z. General Provisions: A) No home occupation shall produce light,4,,._.noise,•odorW moke dust, heaterlhazasdessor,doxicAnaterialshalimpUbelroduc.ed,.. storedarlejarlonOhezinteraisesp‘t*Illiiingulymiaylameanw c1111:9.05.P.O.IP;,...W9r1r.44.0.(nA91:10,ZPINIPATTO4ix, B) No —equipment shall be used in the home occupation which will create electrical interference to surrounding properties. C) Any home occupation shall be clearly incidental and secondary to the residential use -of the premises, should not change the residential Character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. D)"6 -4'iirc3pa4MigNi*Iiiiiii'atifiiia or external sitsatimistor involve construction features not customarily found in dwellings except where required to contply.with local and state fire arid police recommendations. E) There shall be no exterior storage of equipment or materials used in the home occupation. F) Vehicles associated witha home occupation shall bejina#:edlcoone automohile,Ticktupani.440tT-Tyari.iorothel7ernises. G) FNWen.te: H) The home occupation shall meet all applicable fire and building codes. 1) 'There shall be no exterior.display or exterior signs which are visible from outside the dwelling J) All home occupations shall comply with the provisions of the city code. .p No home occupation shall be conducted .hoyeen.,,thefsbzursof-a110.0,Qpin ,,andRa0avarn,,..tinless.saidgoecupationivcontainutheritireltyiwitilinalle, princ#0..huilding,,excludin.g attached garage space and will not require any off street parkin.g facilities. L) No commodity shall be sold on the premisesexcluding party based. sales. M) NOversonsellierIlianthdielF4g1o4CuSteitiarilyiliefide:ainItheprernis s,hall-tbe:temployed. N) The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 0) All home occupations shall be conducted entirely within the principal dwelling exoloriingdheartac lied :garage :space, and may not ,be ted .an:;accessory baailding. P) The home occupation shall riot require torage.-- Ipo -square feet, CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-027 AN ORDINANCE ADDING HOME OCCUPATION REGULATIONS TO THE CITY CODE SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to eliminate existing definitions as follows: district are Uses include profe-sional office, hairdrassing, or teaching limited to .3 students at any time, and similar uses. A HOME OCCUPATION shall not bc interpreted to include barber chops, beauty shops, taarist-homes, restaurant:4 disord r &ubd. 1, as -it rnay be aniended from tiin t , or cmi any a han 3 parking spaces at pants. HOME p71117. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to add the following definitions in alphabetical order with the already existing definitions: Garage Sales. Any isolated or occasional display and sale of used personal property or home -crafted items conducted on residential premises by the occupant of the residential property. Garage sales shall include rummage sales, basement sales, yard sales, porch sales, craft sales, and seasonal boutiques. Garage sales are limited to no more than two (2) sales per calendar year at any one property. Such sale cannot exceed three (3) consecutive calendar days. Home Based Business. A home occupation that does not meet the definition of home office either because it allows non-resident employees, additional parking, or customer visits. Home Occupation. Any occupation, profession or trade engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises. There are two types of home occupations: home offices and home based businesses. Home Office. A home occupation which consists primarily of an office or home crafts. It includes, but is not limited to, receiving or initiating correspondence, such as phone calls, mail, fax, or e-mail; preparing or maintaining business records; word or data processing; and telephone, mail order, and off -premise sales. Merchandise Parties. Private parties held for the purpose of soliciting sales. Merchandise parties shall include but not be limited to Tupperware, Mary Kay, and Avon parties. Merchandise parties shall be limited to no more than six (6) sales per year from a residential dwelling unit. SECTION 3. The City Council of the City of Lake Elmo hereby adds 154.112: Land Usage; Chapter 154: Zoning Code, by adding the following language: § 154.112 Home Occupations. (A) Purpose and Intent. The City of Lake Elmo recognizes the desire and/or the need of some citizens to use their residences for business activities. The City also recognizes that the use of residences for limited business purposes may result in a reduction of vehicle trips on City streets as well as economic benefit to City residents. It is therefore the purpose and intent of this Section to allow the use of residences for limited business purposes while regulating such business use in a manner that precludes such business use from becoming a nuisance to neighboring residential property owners, and while preserving the distinction between residential and conunercial zoning districts. (B) Home Based Business and Home Office. Permits responsive to this Section shall be applicable to Home Based Businesses, but not to Home Offices, as both are defined by Section 150 of this City Code. (C) Administrative Enforcement, (1) Home Based Business Permit. Any Home Based Business shall require a "Home Based Business Permit." Permits shall not run with the land and shall not be transferrable. A complete application, including the signature of the property owner, shall be submitted to the City. The planning department may impose such conditions on the granting of a Home Based Business Permit as may be necessary to carry out the purpose and provisions of this Section. (2) Review. The planning department shall approve or deny Home Based Business Permit applications upon receipt of a complete application. If the permit is denied, the planning department will send a written notice of denial to the applicant. The written notice will indicate the reason(s) for denial and a description of the applicant's appeal rights as indicated in section 31.10 (D) Rome Office Performance Standards. Home Offices must meet the following Performance Standards: office, (1) Residency, A full-time resident of the property must conduct the home (2) Impact on Adjacent Properties. The Home Office shall have no adverse effect on adjacent properties which shall include but is not limited to traffic or offensive noise, light, odor, dust, electro-magnetic interference or other noxious substances, as may be defined elsewhere in the City Code. (3) Exterior Appearance. There shall be no exterior evidence, including signs advertising the home occupation, that a building is being used for any purpose other than as a residential dwelling or permitted accessory structure, (4) Number of Businesses. More than one Horne Office is allowed, however the combined impact shall be considered when evaluating if it meets the requirements of a Home Office. (5) Non-resident Employees. No non-residents may work on the site. (6) Customer Visits to Site. The general public shall not come to the premises in question for purposes pertaining to the conduct of the Home Office. (7) Deliveries to Site. No more than six (6) delivery/pickup trips per week. Delivery vehicles shall not be larger than a typical residential delivery truck. (8) Storage, Any merchandise or stock in trade sold, repaired, or displayed shall be stored entirely within the residential structure, garage, or an accessory building. (E) Home Based Business Performance Standards. Review of applications for Home Based Business Permit and subsequent determinations regarding revocation of a Home Based Business Permits shall be based on the initial and continued compliance of a Home Based Business on the following Performance Standards: ) Residency. A full-time resident of the property must conduct the business. (2) Impact on Adjacent Properties. The Home Based Business shall have no adverse effect on adjacent properties which includes but is not limited to traffic or offensive noise, light, odor, dust, electro-magnetic interference or other noxious substances, as may be defined elsewhere in the City Code. (3) Exterior Appearance. There shall be no exterior evidence, including signs advertising the home occupation, that a building is being used for any purpose other than as a residential dwelling or permitted accessory structure, (4) Number of Businesses. More than one Home Based Business is allowed, however the combined impact shall be considered when evaluating the terms of the Home Based Business Permit. (5) work on the site. Non-resident Employees. Not more than two (2) non-residents may (6) Business Vehicles. A maximum offline (3) business vehicles may be on site at any time, and the vehicles must be parked off-street at all times. No parking shall replace the required parking of the residents. Said vehicles must be in compliance with section 154.095 in the City Code regarding the maximum size of vehicles permitted to be parked in residential zones. (7) Customer Visits to Site. Permitted only where specified by the Horne Based Business Pennit, and shall be limited to a maximum of five (5) per day. (8) Deliveries to Site. No more than six (6) delivery/pickup trips per week. Delivery vehicles shall not be larger than a typical residential delivery truck. (9) Storage. Any merchandise or stock in trade sold, repaired, or displayed shall be stored entirely within the residential structure, garage, or an accessory building. (10) Off -Street Parking. When customer site visits are specifically allowed by the Home Based Business Permit, adequate Off -Street Parking must be provided for customers and for those who reside on the premises. All required parking spaces shall be in compliance with section 154.095 in the City Code. (11) Hours of Operation. Home Based Businesses can only have non- resident employees at the site, deliveries to the site, or customer visits to the site between the hours of 7:00 a.m. to 10:00 p.m. seven (7) days a week. (F) Exceptions. Home Occupations do not pertain to Agricultural Sales, Garage Sales, Licensed Residential Facilities, or Merchandise Parties. SECTION 4. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date This Ordinance No, 08-027 was adopted on this 6f1 day ofJuly 2010, by a vote of Ayes and Nays, Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator This Ordinance No 08-027 was published on the day of 2010. CITY OF LAKE ELMO RESOLUTION NO. 2010-032 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-027 BY TIME AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-027, an ordinance to update the existing city code to improve home occupation regulations; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following summary of Ordinance No. 08-027 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-027 which adds new regulations to the city code for the regulation of Home Occupations. This new regulation will apply to all Home Offices and Home Based Businesses, but does not pertain to Agricultural Sales, Garage Sales, Licensed Residential Facilities, or Merchandise Parties. The full text of Ordinance No, 08-027 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance in his office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: July 20, 2010. Mayor Dean Johnston ATTEST: Bruce A. Messelt City Administrator (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted.