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intended to preclude by contract uses of the site (otherwise allowed in the GB zoning district) other than that of E&H, as well as to overcome the exclusion of outside storage of contractors equipment that is found in GB use standards. Planner Dillerud reported the Commission endorsed E&H's desire to vacate the site at 10`h and Manning where he is located as a legal non -conforming use. The majority of the Commission did not believe the solution proposed by the application is proper land use planning. The existing Trans City Conditional Use Permit for Alternative Ag use was viewed by the Commission as a clear procedural impediment to at least the Minor Subdivision application. The Commission Chair offered the applicant the alternative of tabling the application to enable investigation of other solutions to the 10°i/Manning site, but the applicant declined and requested a vote of the Planning Commission. Tim Freeman, representing E&H Earthmovers, agreed with the Planner's report. E&H Earthmovers started in east Oakdale way back when it was called east Oakdale. They found a better solution to move it out of a residential area and into a business area, but cannot find a way through the Code to allow the relocation. The Planning Commission agreed with the staff report and after a motion was made to deny, a motion was made that they liked the proposal and asked Council the procedural way to make it happen. The City Planner stated the Council needs to decide how they feel about relocating E&H within the City? The Contractors' shop is allowed in GB, but the storage yard is not. Where would you want to apply the GB zoning district in the community? M/S/P DeLapp/Armstrong — to adopt Resolutions 99-76 Denying the applications of E&H Earth Movers/Trans City Investments for a Comp Plan Amendment, Resolution No. 99-77 Denying Rezoning, Resolution No. 99-78 Denying PUD Concept Plan, Resolution No. 99— 79 Denying Minor Subdivision, based on the findings of the Planning Commission. (Motion passed 3-1:Siedow felt the zoning laws are too strict, cannot see into the future so have to take a look at each application individually.) Council member Armstrong pointed out Mr. Emerson doesn't own this land yet, so it is up to Mr. Gelb to come to the City. The Concept of Alternate AG is to preserve open space not to accommodate uses that don't fit anywhere else in the code. Council member DeLapp indicated situations such as this that may not be permitted in the code but could be considered under Alternate AG zoning. The City should consider rebirth of Alternate AG with strict controls on lighting, and landscaping. Mayor Hunt indicated the Administrator brought up the possibility of transitional zoning. He would favor relocation of such proposal of low investment. M/S/P DeLapp/Siedow — to direct the staff to call a workshop between the Council, Planning Commission, Village Commission, Staff, after the conclusion of the PF ordinance is approved, for the discussion of making uses such as heavy commercial available within the City and consider if there is need for Alternate Ag. (Motion passed 4-0) B. Participation Authorization — Surface Water Infiltration Monitoring Project Brett Emmons of Emmons & Oliver, a Lake Elmo based environmental engineering firm, has proposed an application to the Metropolitan Council for grant funding regarding surface water infiltration that would include participation by the City. The Council received a draft grant application. The Emmons study is an effort to close the gap between theory and practice by monitoring surface water infiltration sites that will be constructed in the Fields of St. Croix OP neighborhood for a two year period to determine the performance of the infiltration as well as the costs to maintain the infiltration sites. The $62,000 study would be 75% funded by the Metropolitan Council, with the 25% "local match" being the cost to build the infiltration sites by Mr. Engstrom, donated services by the Fields of CSA to monitor rain fall amounts; and $3500 by the City to publish and distribute the resulting manual on the infiltration alternative. The City's contribution would not come until near the end of the project — 2002. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1999 4