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LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 21, 1995 3 C. Human Rights Commission Attorney Filla reviewed the proposed Multi -Community Human Rights Commission Ordinance. In his report, dated February 17, 1995, Filla believed that this particular function would best be structured as a Joint Powers Agreement between all of those communities that wish to participate. The council received a draft of a proposed Joint Powers Agreement. M/S/P John/Conlin - to table for two weeks and instruct staff to send copies to Oak Park Heights and Lakeland Shores as well as a cover letter stating the city would send this Joint Powers Agreement along with no recommendation, but to note the agreement is still being reviewed and make other communities aware of this proposal and ask them to respond by April 1,1995. (Motion passed 5-0). 6. PLANNING/LAND USE & ZONING: A. Hammes Sand & Gravel:Text Amendment to allow recycling The city's position is the Hammes property is currently a nonconforming use because that occurred in 1986 when the city has repealed its mining regulations. When they did that, the Hammes property became non -conforming and continues in that posture legally today. The Hammes' can continue to mine the entire site even though it is now non -conforming. Recycling is not part of the definition of mining, has never been part of this definition, and has never been authorized by the city. The property owner has been asked to discontinue the recycling operation in the past. What is before the city is whether or not as a city do they wish to add recycling to the category of uses that are allowed in the Ag zone. Richard McNamara, adjacent property owner, stated we have lived next to the Hammes family many years where they started off with a sand pit --no problem with that, gone from light industrial to heavy industrial, now they have gone into recycling of hazardous waste. They have expanded quite a bit. Vehicles out on our farm need windshield wipers to clean windshields in the morning. He voiced concerns on the hazardous waste of all the contaminants, noise, use of the area, time, weekends, problems with CUP, and extended mining operations which bring up the health safety issue. M/S/P Conlin/Hunt - to table for two weeks for the staff to prepare a formal resolution denying the Hammes application expressing the reasons we have for not wanting to have the recycling use part of the city's regulations: 1. Include comments in Jeff Smyser's staff report of January 18, 1995, 2. Concerns stated by Richard McNamara, adjacent property owner, 3. the city is currently engaged in an 1-94 corridor study and the impact on the Hammes property to be reviewed in connection with that study and at this time not willing to expand any conditional agricultural uses. (Motion passed 5-0).