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Both the City Planner and the applicant, Lake Elmo Oil, have appealed the decision of the Planning Commission in it's review of the variances they requested for replacement of the signs now located on their property. The Council accepted the appeals and scheduled a hearing, M/S/P Hunt/Dunn — to set a hearing for April 7, 1998 to hear the appeals by Lake Elmo Oil and the City Planner. (Motion passed 5-0). Bob Novak stated the signage has to be in place by April 1, 1998 and the April 7" date would be too late. M/S/P Hunt/Johnston — to change the date from April 70'to March 31 ", 5:30 p.m. to consider both appeals concurrently. (Motion passed 5-0). 9. CITY ATTORNEY'S REPORT: Attorney Filla reported Oak Park Heights has requested the Municipal Board amend the legal description that was submitted by Attorney Magnuson so that it includes the Kern Center, Kem Center II, Stillwater Motors, and in addition, to the Buberl Ag zoned property. Mr. Magnuson has written a letter to the Board opposing the change to the legal description. M/S/P Johnston/Dunn — to direct the staff to write a letter to the Municipal Board opposing any changes to the legal description that was submitted by Attorney Magnuson and presented at the February 18th Municipal Board meeting. (Motion passed 5-0). 10. UNFINISHED BUSINESS: A. Agreement for Signal Light at TH5 and County Road 15. (March 17) The Council approved the installation of a signal and associated road improvements at TH5 and CSAH 15. The City Administrator asked they wait and review the maintenance agreement before approving it. B. Adding 50' Street N. to State Aid System (pending) C. Nile Fellows, MPCA Landfill update (scheduled for April 7,1998) D. Countryside Wood Products Resolution and Site Development Agreement (pending) E. Amortization of Non -conforming Uses (scheduled for March 17) Attorney Filla's letter, dated February 16, 1998, was in response to a question raised at an earlier Council meeting about whether we could adopt new standards and apply them retroactively to existing uses. In particular, signs were the issues, but this memo applies to all legal non -conforming uses in the City. M/S/P Hunt/DeLapp — to co-ordinate this effort with the sign ordinance and direct the staff to pass along information to the Planning and Village Commissions that amortization of non -conforming signs should be investigated, and ask for a recommendation on how the City should accomplish the amortization of these non -conforming signs within the City. (Motion passed 4-1:Dunn:She is uncomfortable with the motion and doesn't want the City to be on a witch-hunt. ) F. Parcel zoned PF along 100' Street west of CR 19 (March 17,1998) This issue has surfaced several times, but the staff has not received any concise direction from the City Council. Council member DeLapp has indicated this property should not be zoned PF and has the appearance of spot zoning in the middle of Open Space designated land. The Apostolic Bible Church did go through the rezoning process approximately 10 years ago to rezone the property for a future church. The City Planner received a letter from Apostolic Bible Church, dated November 21, 1997, indicating it plans to proceed with construction of the church this year. Attorney Filla added if the Council is going to ask the Planning Commission to reevaluate this area, they should take a look at the comp plan and the zoning. M/S/P DeLapp/Dunn — to refer to the Planning Commission the issue of current zoning of 15 acres, North of 10 h Street, in relation to the Future Land Use in the Comprehensive Plan as to whether the Public Facilities zoning is appropriate or should the parcel be zoned to Open Space. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1998 4