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LAKE ELMO CITY COUNt,.., MINUTES NOVEMBER 5, 19�> M/S/P Hunt/Johnston — that the City Council does not believe the sprinkler ordinance applies to Walter Pechan, Countryside Wood Products, 8603 34d' Street N. , because in this case it is unreasonable to enforce the sprinkler ordinance and put the property owner and City under the circumstances through a Court proceeding; and further, direct the Building Official to issue permits for construction of the building based on the following Findings: 1. That the Conditional Use Permit for Countryside Wood Products was granted in 1996 and renewed in 1998. 2. That the Sprinkler Ordinance was adopted one month (July 21, 1998) after the CUP for Countryside Wood Products was renewed (June 8, 1998) 3. That Walter Pechan spent $45,000 for architectural fees, surveyor fees, engineering fees, legal fees, watershed fees prior to the ordinance change. 4. That the cost of adding a sprinkler system would add ($78,000) approximately 25% to the cost of the entire building. 5. That Walter Pechan acted in good faith with the City relying on City's actions. 6. That the delays were not caused by Mr. Pechans's actions, but by actions of the City. 7. That due to the circumstances in this case, the court could consider the City unreasonable if they are required to apply the sprinkler section based on these findings. 8. That at the present time, Walter Pechan has graded the property, constructed footings, and started construction of the walls on the property. (Motion passed 3-0). Attorney Filla pointed out the City Code does not require a timeline for permits. Applicants should not be able come in and bank permits, place the permit on a shelf, and be exempt from any new City regulations. When site plans and permits are approved, the following should be added: "subject to compliance with all applicable provisions of the building code". M/S/P Hunt/DeLapp - to direct the staff to clean up any sections of the code for permit time limits and make sure, that in all the appropriate places referenced to permit expirations, are included. (Motion passed 3-0). 9. CITY ATTORNEY'S REPORT: None 10. CITY COUNCIL REPORTS: A. Council member DeLapp missed the October 20`s Council meeting because he attended a conference on Land Trust Alliance in Madison, WI. Metropolitan Airport Commission's 5 year Plan for the Lake Elmo Airport: DeLapp, asked that the people be made aware of the current 5-Year plan for Lake Elmo Airport. An article including a summary of the Plan will be submitted in the newsletter. Council member Dunn has been following this item. Discussion on this item will be added to a future meeting, if needed. Packet received from the Leaeue of MN Cities: The Council was asked to read it over and send written comments to the City Administrator so she could incorporate them in a letter. The deadline is November 16'. B. Council member Hunt: Invitation from Stillwater Chamber of Commerce to sponsor table at banquet. Council member Hunt, DeLapp and Johnston indicated they could not attend Administrator Kueffiier indicated Ginny Holder would be at the November 17" Council meeting to review changes in the Cable Franchise. 11. UNFINISHED BUSINESS: Q. Workshop on separated bike/pedestrian trail along CSAH17 Administrator Kueffher reported she talked to Don Wisniewski regarding a Workshop on CSAH17 and tentatively set a workshop for 5:30 p.m., Tuesday, November 17'h before the City Council meeting.