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LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 Jolene Henning, owner of the 11 acre parcel, stated she doesn't know what she wants to do with the property, and she didn't see any reason to vacate the easement. She requested the City wait and deal with them when a a development is proposed. Mayor John closed the public hearing at 9:45 p.m. Attorney Filla reported in 1993 when Parcel A and B were created, the Council required a dedication for the north half of 25th Street. This particular petition would only cover the south half of 25th Street because that is the only part that was dedicated with the development of Eden Park. There was a condition attached when the minor subdivision was granted; that there be no further subdivision of Parcel B until such time as there is improved public access available for Parcel A. By vacating this particular segment without considering the impact upon Parcel A and B and conditions attached to the minor subdivision of A and B, and easements granted to the City as a result of that subdivision, you would not be solving the problem. There is still the other half of the road to deal with so this may be premature. The City needs to make a finding that this roadway is no longer necessary for public purposes in order to vacate and three votes are required. M/S/P Hunt/DeLapp - to deny the petition to vacate the easements for 25th Street and Lisbon Avenue and when the cluster ordinance is completed the City will notify the residents and revisit the conditions on Parcel A had linked to Parcel B for development and if it is appropriate to proceed under those conditions with a vacation of any of the easement. (Motion passed 4-0). F. Conditional Use Permits Annual Review Jim McNamara, Building Official, reviewed all the permits and sites. All CUP's are in compliance with the exception of those in litigation, A letter was sent to all individuals with existing permits and two responded to the letter, Trans City and Len Hanson. Len Hanson, 10824 Hudson Blvd. N., explained he received a letter from the City that he is not in compliance with the conditions of his Conditional Use Permit because there is an illegal use of a multifamily dwelling occurring on this property. Mr. Hanson gave a brief history of his property and maintains he has General Business zoning. Attorney Filla responded the issue is --are you using the property consistent with the City's regulations. If not, he will have to ask the City for a rezoning or to change their regulations. It is not permissible to create a fourplex because there is nothing else you can do with the property. What is there now is a multifamily use that doesn't belong in Ag Zone or Limited Business zone if it has been created by the property owner without the City's consent. M/S/P Hunt/John - to review the Len Hanson property at the March 5th council meeting with the background information and a recommendation. Attorney Filla will provide a memo on the background which leads up to the litigation and the issues involved. (Motion passed 4-0). Shafer Contracting:Several council members noted that Shafer's street cleaning system is poor. There are frequent occasions where dirt stays on the road for days before it is cleaned up. M/S/P John/Hunt - to direct the staff to express our concern on maintaining the cleanliness of Jamaca Avenue to Shafer Mining before the start of the new construction season. (Motion passed 4-0). G. Wind Generator Ordinance Planner Terwedo reported, as directed by the City Council, the Planning Commission has prepared a wind generator ordinance for council review and comments. The Council reviewed the regulations for wind generators and made several revisions. Attorney Filla suggested this item not run with the land, but to look at each by applicant basis. That is why we are looking at a permit of some type rather than a conditional use permit.