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e ,'---' (e ~ 'e Planning Commission Minutes July 24, 1990 Page 6 COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR A DAYCARE FACILITY SUBJECTED TO THE SIX STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED JULY 18, 1990. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Consider Conditional Use Permit (Mineral Excavation) By Bauerly Brothers. Inc./P.H. Tim Keane, City Attorney, stated that this request involved a conditional use permit and mineral excavation license to bring a pre-existing mining operation into conformity with the regulations of the Elk River Code of Ordinances. Chairman Kimball opened the public hearing. Chairman Kimball stated that additional information of a technical nature wi 11 be submitted to staff prior to the August City Council meeting. There being no one for or against the matter, Chairman Kimball closed the public hearing. Steve Rohlf stated that among the additional items needed were drainage and grading details. He stated that there is an inconsistency between the picture and the text, of the applicant's reclamation plan. Chairman Kimball stated that he had visited the site earlier, and found that there were few trees, if any, on the site, and that they would ei ther be replaced or saved in accordance with the City's landscape ordinance. Chairman Kimball also stated that he would like to see the property brought back to either pasture or meadow and planted with corn, oats, barley or rye as part of the reclamation plan. Chairman Kimball also stated that he agreed that phase II of the mining operation should be divided into two phases, so that the reclamation can be begin after five or six years. He also stated that, although our ordinance requires 3 inches of top soil to be replaced during reclamation, the existing site has only 1 inch or less of top soil. Therefore, Chairman Kimball is recommending that the Council waive this ordinance requirement. Chairman Johnson questioned if the conditional use permit would be reviewed in two years as she was concerned with the noise involved with the crushing, especially if it were to take place 24 hours a day. Chairman Kimball stated that the permit would run for 10 years. The Elk River Code of Ordinances states that the hours of operation for construction activity shall be from 7:00 a.m. to 7:00 p.m. Therefore, the 24 hours a day crushing would be a departure from the ordinance. Steve Rohlf explained that the Council could waive the 7:00 a.m. to 7:00 p.m. restriction to allow the 24 hours a day crushing operation. He stated that although the 24 hours a day is appropriate right now, since the property surrounding the site is undeveloped, it may not be appropriate as the 10 years progresses. Mr. Rohlf stated that a stipulation to review this situation should be put into place.