09-27-1994 PC MIN - Laserfiche WebLink

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Planning Commission Minutes September 27, 1994 Page 3 . $5,000 letter of credit. Mr. Plaisted stated he felt the condition was unnecessary and reflected poorly against his credit at the bank. Also, condition 10 (d): Mr. Plaisted stated there was no "top soil" however, the soil removed from the site would be replaced and top soil would be brought in for reclamation. Steve Rohlf responded to Mr. Plaisted's requests stating the letter of credit was merely an enforcement tool to ensure reclamation. Mr. Rohlf also stated that there is no "top soil" however, vegetation must be established and maintained for reclamation and top soil will need to be brought in. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Commissioner Kuester stated that since mining process reviews are somewhat new to the Planning Commission, she used the recent Shiely Co. request as a "standard" from which to review future excavation requests. Commissioner Kuester suggested the Planning Commission and staff review the conditions attached to this request and attempt to establish consistency for future mining excavation requests. Planning Commission discussion included: hours of operation; noise standards; condition regarding using Highway 169 hauling to and from the site, not County Road 33; sign restricting road use; MPCA permits; ground water contamination and protection; sedimentation pond and future run-off with reclamation; 3: 1 slopes versus 4: 1 slopes; fencing around the operation versus signage. . COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY THE PLAISTED COMPANIES FOR MINERAL EXCAVATION AND PROCESSING, PUBLIC HEARING, CASE NO. CU 94-32, CITING STAFF'S MEMO AND INFORMATION GAINED AT THE PUBLIC HEARING AS FINDING OF FACT. 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 LIEU OF GRAVEL TAX COLLECTED BY THE COUNTY AND A PORTION OF WHICH THE CITY RECEIVES.