08-23-1994 PC MIN - Laserfiche WebLink

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Planning Commission Minutes Page 4 August 23, 1994 . -----=:--~~= discussion included: traffic and safetv concer~'/J@Wf~ operation; tree preservation; how much gravel is currently stockpiled and approximately how many trucks will hauling involve; monitoring noise levels of the operation and independent trucks; well monitoring; upcoming Steering Committee meetings and their purpose; letter of credit; Condition # 11 (i) - add remedial actions must be taken within 30 days; Condition # 11 (g) - change B.A. Leisch & Associates to read City Consultant; Condition #23 (a) - add all appropriate documents copied to the City within one week; Condition #4 - change supervision to suspension; Condition # 1 0 - reclamation plans include plans for future screening at future mine sites; Condition # 18 (a) - note west and south property line regarding the noise level; current condition and future upgrading of County Road No. 33. Commissioner Eberley commended staff, Shiely Company, and all involved in this process for their efforts involving this proposal. Mr. Bieraugel commented about complaints and urged area residents to call him immediately if any problems occur. There being no further comments from the public, Chairman Tveite closed the public hearing. . COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY SHIEL Y COMPANY FOR MINERAL EXCAVATION AND PROCESSING, CASE NO. CU 94-31, CITING STAFF'S REPORT AND EXTENSIVE RESEARCH AND INFORMATION RECEIVED AT THE NEIGHBORHOOD MEETINGS AND THE PUBLIC HEARING AS FINDING OF FACT. A PUBLIC HEARING WAS HELD WITH SOME OPPOSITION. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. ALL MINERAL EXCAVATION AND PROCESSING OPERATIONS ON THE PROPERTY SHALL COMPLY WITH THE CITY'S MINERAL EXCAVATION, ZONING AND OTHER APPLICABLE ORDINANCES; WITH THE TERMS OF THIS CONDITIONAL USE PERMIT AGREEMENT AND THE LICENSE AGREEMENT TO BE EXECUTED BY THE CITY AND OPERATOR; WITH THE CITY OF ELK RIVER'S ENVIRONMENTAL IMPACT STATEMENT ON MINERAL EXCAVATION; AND WITH THE APPLICATION MATERIALS AND PLANS SUBMITTED BY THE OPERATOR, WHICH PLANS AND MATERIALS ARE THE BASIS FOR THE CITY'S APPROVAL OF THE CONDITIONAL USE PERMIT. 2. THE OPERATOR SHALL ORALLY NOTIFY THE CITY OF ANY VIOLATIONS OF THIS PERMIT WITHIN 24 HOURS AND FOLLOW THIS WITH NOTIFICATION IN WRITING WITHIN 4 WORKING DAYS OF THE VIOLATION. THE OPERATOR SHALL NOTIFY THE CITY ANNUALLY IN WRITING OF THE TOTAL AREA AND AMOUNT OF MATERIAL MINED AND PROJECTED ESTIMATES OF AREA AND AMOUNT OF MATERIAL TO BE MINED IN THE FOLLOWING YEAR. THIS IS TO BE DONE AT TIME OF LICENSE RENEWAL. 3. THE LICENSE MUST BE RENEWED ANNUALLY AND SHALL RUN FROM JANUARY 1ST THROUGH DECEMBER 31ST. THE ANNUAL LICENSE FEE IS THAT WHICH IS SPECIFIED BY CITY CODE AT TIME OF RENEWAL. THIS LICENSE FEE IS NOT IN .