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6. PLANNING, LAND USE AND ZONING: A. Conditional Use Permit — EN Properties/Laidlaw Transit On June 18, 2002 the Council tabled this application and directed Staff to prepare a Resolution of approval incorporating the Findings and Conditions presented by the Planning Commission recommendation; the City Attorney's recommendations for additional conditions; and, other conditions the Council requested. The City Attorney proved a draft of the modified approval Resolution for consideration by the Council. Evidence of title needs to be submitted for verification by Attorney Filla. Mayor Hunt acknowledged an e-mail from Colleen Lacher, Cimarron, indicating concerns on diesel, anti -freeze, and oil leaks from the 60 buses and support staff vehicles. Mr. MacFeeley, Laidlaw Transit, commented on these concerns that they were regulated by MPCA. Council member Dunn pointed out that Hudson Blvd, is being taken care of by MnDOT, but this frontage road will be turned over to the City and may be an egress/ingress issue for snowplowing. Terry Emerson asked if the dry charge sprinkler can be retrofitted in the shop and storage area and not in the office area. M/S/F DeLapp/Dunn — to direct the Building Official and Fire Chief to come up with a recommendation to the next Council meeting on sprinkling. (Motion Failed 2-3:Hunt, Armstrong, Siedow). M/S/P Siedow/Dunn — to include a clarification that Terry Emerson needs to only install a dry -charged sprinkler system for only the workshop area. (Motion passed 4-1:DeLapp: If these buses were stored in Stillwater or anywhere outside of this site in Lake Elmo, the buildings would be sprinklered.) Terry Emerson asked if Laidlaw could occupy the site before the 10d' street site is cleaned -up and the sprinkler system can be installed because it will take 60 days to bid sprinklers. The 10`h Street clean up of construction buildings, equipment, trailers, materials will be done by July 25U', and the antique equipment will be moved into the pole barn. In the gravel area of the 10`l' Street site, Terry explained he will move the dirt, shape it up and spread topsoil so he can seed it. M/S/P Siedow/Dunn — to allow Laidlaw Transit to move into the 11530 Hudson Blvd. prior to the July 25"' deadline, subject to Mr. Emerson agreeing to pay the City 150% of the clean up cost should he fail to do it himself, and the City hires a contractor to clean the site. (Motion passed 5-0). M/S/P Siedow/Hunt - to adopt Resolution No. 2002-062, repealing the existing Conditional Use Permit of E&H Properties, LLC and E&N Properties, LLC, dated March 6, 2002; and approving a Conditional Use Permit, as amended on July 16`h, for a school bus office/shop/storage area serving Laidlaw Transit as a Non -Agricultural Low Impact LAKE ELMO CITY COUNCIL MINUTES JULY 2, 2002 4