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LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 1990 PAGE 2 shall be in a clearly identifiable manner to be designated by the City staff. In Section 802.090 LAND DISPOSAL OF YARD WASTE: Delete "of 1980" and add all the amendments included with the Minnesota Waste Management Act. M/S/P Williams/Graves - to adopt Ordinance 8029, as amended on 4-17-90, Amending Section 801, and adopting 802 of the Lake Elmo Municipal Code. (Motion carried 4-0). B. Conditional Use Permit Amendment Trans -City Investment - Outside Storage At their March 26, 1990 meeting, the Planning Commission recommended approval of the amendment to Trans -City Investments Conditional Use Permit to allow for outside storage with the conditions listed in the minutes. This request was carried over until the April 9th P7 meeting, as there was some concern with the chemicals that are used by Etching Concepts and Glass Etc. The applicant provided a letter from Washington County, Dept. of Health for a Hazardous Waste Generator License for Glass Etc, and a copy of the water testing that was done on the site. Councilman Williams pointed out that in the existing CUP, Condition #11, states "No use allowed under this CUP should cause pollution, nor shall any hazardous materials be stored on the site", and he indicated there was an apparent violation of the CUP provisions. He has spoken to the Building Official, Fire Dept. and the City Attorney. The City Attorney advised him the Council should postpone consideration of this amendment request until such time as confirmation is made whether or riot hazardous materials are being stored on the site. Williams made it clear it was not his intention to drive anyone out of business, but because the language in the CUP is very explicit, this should be pursued. Mayor Dunn, Councilmen Hunt and Graves expressed no problem with the amendment to the CUP for allowing outside storage, but shared the concerti of hazardous materials being stored on the site. M/S/ Hunt/Graves - to postpone consideration of the amendment to the CUP for Howard Gelb, Trans -City Investments, to allow for outside storage until the May 1st Council meeting. M/S/P Williams/Hunt - to amend the motion to include to direct the Building Official, Kenneth Meyer of Wash. Cty, Kurt Lange-Admin. of Trans -City Invest, to make an inspection of the facilities to confirm or refute if hazardous materials are stored on the site. (Motion carried 4-0).