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<br />City Council Minutes <br />September 19, 1994 <br /> <br />Page 5 <br /> <br />e <br /> <br />THE MOTION CARRIED 5-0. <br /> <br />6. <br /> <br />Open Mike <br /> <br />Tim Shaefer of Concord Street indicated that initially there were 9 of the 12 <br />residents who indicated they would sign the easements for the upgrade of <br />Concord Street. He requested the Engineer to contact the neighbors on <br />Concord Street. He further stated that the road is in poor condition and that he is <br />in favor of upgrading the road as soon as possible. <br /> <br />7.1. Consider a Conditional Use Permit by Shiely Company. Public Hearina. Case No. <br />CU 94-31 <br /> <br />Steve Rohlf. Building and Zoning Administrator. indicated that the Shiely Company <br />is requesting a conditional use permit for mineral excavation and processing on <br />approximately 200 acres of a 380 acre site. Steve Rohlf indicated that the mining <br />will continue for 15 to 20 years in three phases. Reclamation will be consistent as <br />indicated in the Environmental Impact Statement. He indicated that the <br />Planning Commission has reviewed the request and recommended approval. <br /> <br />Mayor Duitsman opened the public hearing. <br /> <br />- <br /> <br />Bob Bieraugel, representative of the Shiely Company, addressed the City Council <br />and the public regarding Shiely's proposal. Mr. Bieraugel indicated that the <br />proposal provides for a visual and noise buffer for surrounding properties. He <br />indicated that dust control will be part of the design. He further indicated that he <br />has reviewed the City's recommendations for a conditional use permit. Mr. <br />Bieraugel commented on the conditions set forth by the City. He requested that <br />the word substantially be included in item 11 (g). Mr. Bieraugel discussed item <br />11 (d) and indicated the Shiely Company would like some flexibility in the types of <br />plantings. Mr. Bieraugel requested that the Council allow the Shiely Company to <br />move previously stockpiled material from the site prior to the recommended road <br />improvements, if a flagman is placed at the site. <br /> <br />Councilmember Farber questioned what remedial action could be taken by <br />surrounding residents in case of water contamination. Mr. Bieraugel responded <br />by indicating that the Shiely Company will be very sensitive to this issue. He <br />indicated that they will follow a monitoring plan which will protect both Shiely <br />and the surrounding neighbors. <br /> <br />Council member Scheel indicated that some of the neighbors have requested <br />that the Shiely Company leave the land accessible to the neighboring residents <br />after it is mined. She informed the residents that if this is done, the neighbors will <br />be on Shiely's property and that the City will not be held responsible. <br /> <br />e <br /> <br />Mike Leary, 20648 Watson st. NW. indicated that the neighbors in the area had <br />several concerns with this request. The main concern was the safety issue on <br />County Road 33. Mr. Leary provided a video showing the area in question and <br />mining operations from another area. Mr. Leary requested the Council to be fully <br />aware of the situation prior to making a decision. He indicated his concern <br />regarding the noise from the operation; the gravel trucks being able to merge on <br />