5.6. SR 08-15-2011 - Laserfiche WebLink

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REQUEST FOR ACTION To Item Number Ci Council 5.6. Agenda Section Meeting Date Prepared by August 15, 2011 Rebecca Haug, Environmental Communi Develo ment Administrator Item Description Reviewed by f,,N' Request by Tiller Corporation to Amend Conditional Use Robert Thistle, Interim Ci Admin Permit to Allow Mineral Excavation of Approximately 8.9 acres Reviewed by of Property Owned by Waste Management, Inc., Case No. CU Peter Beck, City Attorney 11-13 -Public Hearin Action Requested Staff and the Planning Commission are recommending the City Council approve Tiller's request to amend its existing Conditional Use Permit (CUP) to allow mineral excavation of approximately 8.9 acres of property owned by Waste Management, Inc. (WMI), subject to the conditions listed below: 1. Installation of a berm along the west entrance of the gravel operation, along 2218` Ave as shown on the plan submitted by Tiller. This berm shall be installed prior to removing any ,trees from the 8.9 acre buffer area. 2. The existing CUP for Tiller's operation must be amended within the next six months to address the following issues: a) Anew reclamation plan which reflects the 27.2 acre landfill expansion; b) Continuance of the berm along 2218t Ave to the west. This berm shall be installed prior to removal of any trees within 1,000 feet to the north of this berm, unless staff approves limited removal of trees to allow for installation of the berm. 3. The standards for issuance of the Conditional Use Permit shall continue to be maintained. 4. Approval of the CUP amendment to mine the 8.9 acre buffer area shall not take effect unless and until WMI's application to amend its CUP to deposit waste in this area is approved, with the exception that Tiller may immediately begin mining on the east end of the 8.9 acre buffer, without removing any significant trees, for the purpose of constructing the berm improvements identified in # 1 above. 5. Within 45 days of the City Council vote approving the application referenced in condition no. 4, Tiller, through its counsel, will authorize its counsel to withdraw the appeal filed by ERL and Tiller known as "ERL Iii' (Appeal No. A11-0212) Background/Discussion In May, 1996, Straightline Excavation, Inc. and Barton Sand and Gravel Co., a Division of Tiller Corporation, were issued a Conditional Use Permit to mine the Elk River Landfill property. Tiller Corporation (Tiller) is the successor to these entities and is currently mining the Landfill property pursuant to the 1996 CUP.