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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 2 Tri-Lakes Association on Wednesday night with a similar request. } KSTP TV's Good Company aired the Lake Elmo landfill story. Mayor Christ questioned if an engineering study was extremely important because the very last thing he wants to see is a dump go into the Park even if this means hiring consultants. Christ feels we should be more proactive than reactive at this point. If it means engineering studies, he would support it. Christ stated "since we have a half million dollars in our Reserve Fund in the City Budget we should not be so tight that we would not spend some of that reserve to fight this landfill and be successful in keeping it out. He would not be able to forgive himself for it." Attorney Knaak responded that an engineering firm would be nice to have if it were to come to litigation. City Administrator Overby raised the question as to what point during the study will the County release the consultants data because, this would make a big difference on the timing and the cost of the City's consulting engineer. We would have to get some indication from the County before the City decides to hire someone. 5. Public Inquiries Unfinished Restoration/Slope Work on a Fill Permit Project; Non -conforming Business in RR This past year Joe Gould requested and received a fill permit from the City. The filling had been completed, however, a proper 4:1 slope has not been achieved as yet. A follow-up letter had been sent on November 25, 1987 to Mr. Gould concerning the necessary 4:1 slope and the alleged hauling of material from the property. The letter requests that he corrects the above terms within 30 days. Building Official Jim McNamara stated that the business had been in existence for many years and continues to operate under our Grandfather clause. A conditional use permit is not required for his operation because of this "Grandfather" clause. Also, a conditional use permit for this type of operation would not be permitted in our RR zoning district. Mayor Christ stated that the Building Official has reviewed this and he has handled the situation properly. Although the situation has not been corrected at this date, the propertyowner is working on getting those corrected and there would be no code violations. Christ would prefer not bringing this up at a Council meeting especially when it involves an allegation. When the staff cannot resolve it, then it should be brought in front of the Council. Eileen Bergman asked what the definition of the Grandfather Clause was. She explained that this was brought to the attention of the City Administrator in July and nothing has been done. The Bergmans also have a business in this area and they must maintain 40 acres of land - in order to have this business. They had the business prior to 1979 so why should ey not be grandtathered in. Why do they have to have a Conditional Use Permit?