11-05-98 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNL MINUTES NOVEMBER 5, 19s,. M/S/P DeLapp/Johnston — to accept and authorize implementation of the recommendation for Data Processing Upgrade Acquisition, Stage 1— Work Station Enhancements with cost not to exceed $12,000 with tax. (Motion passed 3-0). B. Zoning Text Amendment —Accessory Structures M/S/P Jobnston/DeLapp — to postpone action, because four votes are needed, on the amendments to the Lake Elmo Zoning Ordinance regarding standards for accessory structures until the November 17th Council meeting where there will be a Full Council in attendance. (Motion passed 3-0). C. City Code Amendment— Snow Fencing Mayor Hunt will be meeting with the affected porperty owners in a neighborhood dispute regarding placement of a snow fence. M/S/P Hunt/Johnston — to postpone the action on the regulation of snow fencing until the November 17' Council meeting where there will be a full Council in attendance, receive comments from Dan Olinger on this proposed ordinance, and allows time for Mayor Hunt to respond to complaints in a concise and complete fashion. (Motion passed 3-0). D. Livable Communities Act —Housing Action Plan City Planner Dillerud reported that he received a call from a Metro Council representative that he had been misinformed earlier this year, and that Lake Elmo had never submitted the required Action Plan. Dillerud prepared the Action Plan for endorsement by the Council. M/S/P Johnston/DeLapp — to adopt the Lake Elmo Housing Action Plan and authorize submission to the Metropolitan Council. (Motion passed 3-0). E. Comprehensive Plan Amendment —Northeast Annexed Area M/S/P Johnston/DeLapp — to postpone action, because four votes are needed, on the Comprehensive Plan Amendment for the Northeast Annexed Area and directing submission of the Amendment to adjoining cities and the Metropolitan Council until the November 17th Council meeting when there will be a full Council in attendance. (Motion passed 3-0). F. Fire Sprinklers — Countryside Wood Products Walter Pechan explained, as to date, the grading and footings have been done and construction of the walls has started. The cost of construction of the building is $300,000. The sprinkler would add 25%, approximately $78,000, to the cost of the building. In his October 28, 1998 letter to the City, Mr. Pechan asked that Countryside Wood Products be exempt from the code requiring a sprinkler system, which was adopted on July 21, 1998. His project was planned under the code existing at the time of CUP approval in 1996 and June 1998. When the sprinkler code was adopted, he already had $45,000 into this project for architectural fees, surveyor fees, engineering fees, legal fees, watershed fees, etc. Attorney Filla explained he did not think there were vested rights, but equitable estoppel could apply. If a property owner invests a significant amount into his building project relying on the City's actions and were not allowed to finish his project, he would incur a loss. The City Planner indicated the Building Official would not issue additional permits for the building without having a sprinkler system installed. The City Attorney clarified the City couldn't waive the sprinkler system requirements because it is part of the Building Code. If equitable estoppel is applied, the Council could decide that the sprinkler requirement dos not apply in this particular circumstance based on the findings. It doesn't mean that the ordinance wouldn't apply to every other building in town.