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09-07-99 CCM
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09-07-99 CCM
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6. MAINTENANCE/PARK/FIRE/BUILDING: NONE <br />7. CITY ENGINEER'S REPORT: <br />A. Partial Payment for Tower Asphalt <br />Tom Prow reported in his memo dated September 3, 1999, that Tower Asphalt is nearly complete with 30" <br />Street Reconstruction and the 1998 Overlays. Some of the trees on 30`h Street have lost their leaves early, <br />so he will be monitoring diem. These trees have a two-year warranty. <br />M/S/P Armstrong/DeLapp — to approve Partial Payment No. 6 for the 30°i Street Reconstruction and 1998 <br />Overlays in the amount of $27,463.70 to Tower Asphalt. (Motion passed 4-0). <br />8. PLANNING. LAND USE & ZONING: <br />A. Comprehensive Plan Amendment —Stillwater Investment <br />This application has been tabled at the two previous City Council meetings pending expansion of the <br />Findings of the Planning Commission recommended denial Resolution. Administrator Kueffner reported <br />she has met with Mr. Arkell of Stillwater Investment concerning potential alternatives to the current <br />proposal. Mr. Arkell and Betty Smith have formerly requested a 30-day extension of his application. (The <br />60-day City review period commenced on July 9, 1999 by our confirmation letter). Council member <br />DeLapp pointed out that the Council has had no involvement in the conversations, only the staff, which is <br />appropriate. <br />M/S/P Armstrong/Siedow — to table the application of Stillwater Investment/Betty Smith for a <br />Comprehensive Plan Amendment based on the request of Stillwater Investment for a 30-day extension of <br />the City's review period. (Motion passed 4-0). <br />B. Appeal to Signage — Farmer's Union Co -Op Oil <br />Steve DeLapp has filed an appeal to the variances approved by the Planning Commission on August 9, <br />1999 for sign height, surface area, and number. The hearing regarding this appeal has been noticed to all <br />parties for September 7, 1999. Council member DeLapp indicated the provisions of the variance section of <br />the code is clearly stated. He did not agree with the Planning Commission that Farmer's Union for granting <br />the sign variance showed an adequate hardship. <br />Kevin Sexton, Manager of Farmer's Union, reviewed his August 9, 1999 memo that addressed the six <br />required criteria for a variance. He submitted a list of members that comprise Farmer's Union and the <br />Armstrong Farm was listed. When Council member Armstrong was asked by the City Attorney if she was <br />part of the co-operative she responded, "not to my knowledge". <br />Council Member Armstrong indicated a gas station has been a landmark in this location and would not be a <br />big problem for the City. The site has been cleaned up, the sign on Manning is down from 15' proposed to <br />9' and the County 5 sign is similar to the FINA sign in front of Hagbergs'. She would go along with the <br />Findings of the Planning Commission, but would like to revisit the sign ordinance. <br />Mayor Hunt stated when the variance was approved for signage at the Citgo station there was an overriding <br />issue of safety. There was 11-12 pieces of information that had to be processed at that intersection. The <br />City was allowed by State Legislature, if it chose, to change amortize signs that didn't meet the ordinance. <br />This was taken away from the City. We no longer have the ability to do that. He has looked at the zoning <br />around this area and in Baytown, and this is the only commercial operation in the entire area. This <br />commercial business will stand out and be seen coming from any direction. <br />Attorney Filla explained the City has adopted Roberts Rules of Order so if a quorum of the Council is <br />present, it requires a majority of the voters to pass a motion. <br />LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 2 <br />
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