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Home My WebLink About07-06-2010 CCMLAKE ELMO CITY COUNCIL MINUTES JULY 6, 2010 1 MINUTES APPROVED: July 20, 2010 City of Lake Elmo City Council Minutes July 6, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons (arrived at 7:04 p.m.), Park Absent: Council Member Smith Also Present: Administrator Messelt, City Engineer Griffin, Attorney Sandstrom, League of MN Attorney John Baker, Planning Director Kyle Klatt, Planning Intern Danielle Bailey, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Park moved to approve the July 6, 2010 City Council agenda. Council Member DeLapp seconded the motion. The motion passed 3-0. GROUND RULES: APPROVED MINUTES: The June 15, 2010 City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: CONSENT AGENDA: MOTION: Council Member Emmons moved to approve the Consent Agenda. Council Member Park seconded the motion. The motion passed 4-0. Approve payment of disbursements and payroll in the amount of $234,270.30 Approve 3.2 liquor license for Lake Elmo Jaycees Huff’n Puff days, August 12- 15, 2010 and waive fees for license and Lions Park ballfield lights Approve new off-sale intoxicating liquor license for Lake Elmo Wine Company, 3511 Lake Elmo Avenue N., Applicant: Kimberly Ommerborn and submit application for approval by the Minnesota Public Safety Inspector Authorize execution of the easement encroachment agreement for 12211 Marquess Lane Cove Authorize the City Engineer and City Administrator to further investigate and, if appropriate, affect a mutually advantageous partnership with the Minnesota Pollution Control Agency for temporary location of shallow aquifer monitoring wells on appropriately-identified public lands/municipal property. LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2010 2 REGULAR AGENDA: Consideration of Ordinance 08-026 Amending the definition of “Wayside Stand: The City Council was asked to consider the Planning Commission’s recommendations to modify the definition of “Wayside Stand” in the City Code. That definition, in Section 11.01 of the City Code, presently defines a Wayside Stand as a “temporary structure or vehicle used for seasonal retail sale of agricultural goods produced by the operation of the wayside stand on-site on other property in Lake Elmo. The proposed revision to be considered would delete from the definition the words “or on other property in Lake Elmo”. Mayor Johnston opened up the meeting for public comment. Kaye Hilpisch, 10732 Stillwater Blvd., asked the Council to keep the farmers operating for many years even if they have to go outside of the City to secure products. Ed Gorman, 11011 Stillwater Blvd., asked that the Council set up a committee to study this item or set up a referendum voted by the residents. He believes the City Council is going down the wrong path. Kathy Lohmer, 8199 Hill Trail N., didn’t want to see Lake Elmo lose businesses. It didn’t make any sense to her for businesses not being able to sell all their products. Dick Bergmann, 5500 Lake Elmo Avenue N., stated he is a fourth generation farmer and has sold items outside of Lake Elmo since 1972 and now the City is telling him if you sell products you have to grow them in Lake Elmo This would put him out of business. He was not aware of the extreme violation until December, 2009. Cari Myhra, 456 Manning Avenue N., stated since there is ambiguous language in the ordinance a study committee should be formed. A farmers market is not a cure all because there are other perishable items that can’t be sold at a farmers market. Keith Bergmann, 5833 Lake Elmo Avenue N., stated the wording affects all the farms in the City because it makes it harder for the small farmer to sell their products. He said they have been selling products not grown on the site for years. He pointed out that Lake Elmo Sod Farm grows sod in Lake Elmo and has to cross the street to West Lakeland Township to sell their product. He asked the Council to re-examine the ruling and strike out “Ag sales grown on the premises”. Randy Schwartz, 1750 Lake Elmo Avenue, stated his family worked for Bergmann’s for years selling quality products. He asked why the City isn’t protecting these residents. Jeanne Novak, 2925 Klondike, asked why has the wording changed, has the Bergmann’s done something wrong, and how can the City make an adjustment so the Bergmann’s can carry on their business. LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2010 3 Mike Sivigny, 5535 Lake Elmo Avenue N., emphasized freedom, permit a business to operate the way they want. Jeff Salus, 2950 Janero Avenue, asked that the City let them farm, it’s the American way. Kevin Gorman, 11011 Stillwater Blvd. N., stated there are six families affected by this decision. He asked the Council to table and makes a healthy decision on the ordinance. Donald Slinger, 4620 Lake Elmo Avenue N., thought the ordinance was very restrictive and harmful to our community. It should be expanded so any kid can sell locally…maybe up to $5,000 in sales. Sue Dunn, 11018 Upper 33rd Street, thought it was too stringent of an ordinance when you know you can’t grow everything on your land. Ann Sivigny, 5535 Lake Elmo Avenue N., stated the Bergmann’s welcome her to the United States and employed her daughter. They have even dropped items off at their residence. Administrator Messelt noted that Council Member Smith, who was not in attendance, indicated she favored the recommendation by the Planning Commission. Council discussion continued on the proposed definition of “Wayside Stand”. It was clear to the Council that the item under consideration was for wayside stands only and that does not materially affect the Bergmann’s because they are not a wayside stand business. MOTION: Mayor Johnston moved to adopt Ordinance No. 08-026 amending the definition of Wayside Stand in Section 11.01 of the City Code, pursuant to the unanimous recommendation of the Planning Commission and the denoted findings of fact. Council Member DeLapp seconded the motion. The motion passed 3-1: (Council Member Park favored forming study committee.). Home Occupations Ordinance No. 08-027 The Council discussed the issue of enforcement of regulations stated in the ordinance. Administrator Messelt noted that Council Member Smith requested via email this item be extended to the next Council meeting. The consensus of the Council was to discuss this agenda item at the July 20, 2010 City Council meeting. Unswered Area Population Projections and Density Analysis – Review of 2030 Comprehensive Plan Information The Council moved this agenda item to the July 13, 2010 City Council workshop. LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2010 4 Drainage and Utility Easement Vacation – 11950 21st Street N. The City Council was asked to consider a request from Richard and Elizabeth Heath, 11950 21st Street N, to vacate a portion of an existing drainage and utility easement on their property and to further accept the dedication of new easement on this property to replace the one being vacated. This request was made to comply with a condition of the variance that was recently granted for this property. Mayor Johnston opened up the public hearing at 9:18 p.m. There was no one to speak for or against the easement vacation. Mayor Johnston closed the public hearing at 9:19 p.m. MOTION: Council Member Park moved to adopt Resolution No. 2010-033 vacating a drainage and utility easement and dedicating a new easement over a portion of Lot 1, Block 1 of Eden Park 2nd Addition. Council Member Emmons second the motion. The motion passed 4-0. Whistling Valley Development, Phases 1, 2 and 3 – Request to extend the Development Completion Deadline June 30, 2010 The City Council was asked to allow an extension to complete the remaining work in Whistling Valley Development Phases 1, 2 and 3. The completion dates in the Development Agreements of all phases have passed. Due to recent economic times the Developer has indicated that he has not been able to complete the improvements in accordance with the Development Agreement. MOTION: Mayor Johnston moved to table this agenda item until the August 4th Council meeting, but to communicate with the developer the City wants to work with them. Council Member Emmons seconded the motion. The motion passed 4-0. The Council adjourned the meeting at 10:37 p.m. MOTION: Mayor Johnston moved to adjourn the regular Council Meeting to an Executive Session to discuss litigation relating to the Linda Hardy House and Country Sun Farm CUP Council Member Emmons seconded the motion. The motion passed 4-0. The Council closed the executive session and reconvened at 10:01 p.m. Mayor Johnston asked for a summary of the discussion of the executive session. Attorney Snyder provided a summary of the closed session. The Council adjourned the meeting at 10:03 p.m. --------------- LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2010 5 Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2010-033 Vacating drainage and utility easement and dedicating a new easement over a portion of Lot 1, Block 1 of Eden Park 2nd Addition Ordinance No. 08-026 Amending the definition of Wayside Stand in Section 11.01 of the City Code