01-28-2004 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JANUARY 28, 2004 Anderson asked if it would be anticipated that the number of vehicles needed to be stored would increase over time. Fallon replied that the work level is fairly consistent, and he did not anticipate a future increase in the amount of equipment. Anderson asked what other types of work Xcel would consider to be integral to the operation of the substation. Anderson mentioned street light relocation work as an example. Jurek replied that for utility work in roadways, Xcel typically works with the City and/or contractors to identify on-site staging areas for equipment and materials storage. Jurek indicated that in the event there is not project on-site storage, materials and equipment would go back to the service center for storage. Jurek noted, however, that essentially all Xcel activities are integral to their operation. Fahey felt that it was a bit of a stretch to say that tree trimming was integral to the substation use. Fahey pointed out that utilizing the a~'gument that tree trimming is integral to the operation of the substation means that virtually any equipment utilized by Xcel is integral to the operation of the substation. LaValle asked why the tree-trimming contractors do not store their equipment on their own property. Fallon reported that one of the contractors is located in Mankato and West Des Moines. Therefore, in order to keep costs down, Xcel provides staging areas for this contractor. Fallon noted that costs incurred are passed on to ratepayers; therefore, Xcel tries to control costs. Fahey felt the issue was outdoor storage in a General Business, B-3 District, versus in an industrial park where outdoor storage belongs. Fahey noted that other business owners have been told that outdoor storage must be in industrial areas. Fahey asked the City Attorney for his opinion on the argument that this outdoor storage use is grandfathered in. The City Attorney noted that there is some uncertainty for the length of time and consistency with which the outdoor storage use has occurred. The Attorney noted that if a grandfathered use has been abandoned for a period of six months, the use loses its grandfather rights. The Attorney also noted that generally the City is not bound by zoning requirements that existed 50 years ago, and pointed out that the present B-3 Zoning District does not allow for outdoor storage. The Attorney stated that there is nothing in the Code that would give Xcel's outdoor storage use lawful non-conforming status.