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LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 1996 4 6. PLANNING/LAND USE & ZONING: A. Ordinance 8131 Wind Generator Ordinance City Planner Terwedo reported the staff has revised the Wind Generator Ordinance with review and modifications made by the City Attorney. M/S/P Johnston/Hunt - to adopt Ordinance 8131 Wind Generator Ordinance, as amended. (Motion passed 4-0). B. Grading and Excavating Permits City Planner Terwedo reported that at the last council meeting, the staff was directed to prepare an amendment to the mining definition to include landscaping and grading of areas to create ponds, wetlands, and other landscape amenities. This direction was in response to a request by Rehbein Excavating for creating a pond and other landscape features as part of a future residential development and the fact that Rehbein wishes to use the gravel from the site on the landfill project this summer. Attorney Filla raised a concern that the amount of material which could be moved resembled mining. The Council reviewed the Ordinance adding 502.05 Grading and Excavating Standards and Ordnance adding Section 901.020 C. relating to mining to the Lake Elmo Municipal Code. M/S/P Johnston/Hunt - to refer back to the staff for further discussion on quantity of earth material to be removed (cumulative amounts) and incorporate comments the from City Engineer Larry Bohrer. (Motion passed 4-0). C. Amendment to Limited Business Ordinance An application has been submitted to the City for a woodworking business at 8603 34th St. N. The City Council was presented a use determination for the woodworking business at its March 19, 1996 Council meeting. The Council had concerns because the City does not allow any type of manufacturing in the Limited Business District at this time. Council member Hunt stated that he would work with the staff to review the Limited Business Ordnance as it relates to Highway 5 and recommended changes to the ordinance for that specific area. City Planner Terwedo submitted a Draft amendment to the Limited Business Ordinance for Council review. A new use determination section had been included which stated "same general character" which focuses not necessarily on use, but the character of the area and how uses may or may not have an impact on adjacent properties. M/S/P Hunt/Conlin - to direct the staff to publish the appropriate public hearing notice for adoption of an Ordinance amending Section 301.070 D.14 C.8 "Light Manufacturing", and adding Section 301.070 D.14.C.9 "Use Determination" relating to uses permitted by Conditional Use Permit In the Limited Business (LB) Zoning District. (Motion passed 3-1:DeLapp). 7. PARKS/MAINTENANCE DEPARTMENT/MAINTENANCE ADVISORY: 8. CITY ENGINEER'S REPORT: A. Lake Elmo/Oakdale Joint Agreement for Water and Sewer in Section 33 (Continuation) At the March 19, 1996 Council meeting, the Council gave Larry Bohrer permission to meet with the Oakdale engineer to discuss the two main provisions of the agreements; the purchase of water from Oakdale, and the construction and/or shared use of certain sanitary sewer pipes in Oakdale. In Larry Bohrer's letter, dated March 29, 1996, Bohrer reports the result of his meeting with the Oakdale City Engineer. The goal is to have these agreements executed on or before May 28, which is the date