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City Council !v1i.nutes September 20, 2004 Page 3 -----------~----------------- 6.2. Request by Schuer Inc. for Conditional Use Permit for Mineral Excavation Public Hearing:- Case No. CU 04-23 Rebecca Haug submitted the staff report. Ms. Haug stated the applicant is requesting a conditional use permit (CUP) for mineral excavation. Mayor Klinzing opened the pubic hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE CONDITIONAL USE PERMIT FOR SCHUER, INC WITH THE CONDITIONS OUTLINED IN THE CUP AGREEMENT. MOTION CARRIED 5-0. 6.3. Request by T&B Mining: for Conditional Use Permit for Mineral Excavation and Peat Mining Public Hearing:- Case No. CU 04-21 6.4. Request by T&B Mining: for Rezoning: from A1 (Agricultural Conservation) to ME (Mineral Excavation Overlay) Public Hearing:-Case No. ZC 04-08 Staff reports submitted by Steve Rohlf and Rebecca Haug. Mr. Rohlf stated the applicant is requesting a conditional use permit for mineral excavation and a zone change from Agricultural (A1) to Mineral Excavation Overlay Zoning District (ME). He briefly reviewed the environmental issues for this project. Mayor Klinzing opened the public hearing for the conditional use permit and the zone change request. There being no one to speak to these issues, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE A CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION BY J&B MINING WITH THE CONDITIONS OUTLINED IN THE CUP AGREEMENT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT ORDINANCE 04-14 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 04-08. MOTION CARRIED 5-0. 6.5. Request by TLM Land Holdings for Final Plat Approval IJ3elmont Estates) Case No. P 04- 17 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting fmal plat approval for Belmont Estates. He gave an overview of the project. He stated that Nixon Circle was not chosen as a connector street to the south due to the location of a major power line pole and easement in its path; therefore Olson Street was chosen as the south connector. Councilmember Motin questioned if there was any opportunity to reroute Nixon Street to avoid the power pole due to traffic patterns. Ms. McPherson stated that there are also drainage and utility easements along the lots located east of Nixon Circle that would be difficult to work around.