07-24-1990 PC MIN - Laserfiche WebLink

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i . . Planning Commission Minutes July 24, 1990 Page 7 Commissioner Eberley questioned how the reclamation plans were reviewed for compliance. Steve Rohlf explained that an annual inspection would be done to check that the conditions were met. Mr. Rohlf further stated that if future neighbors were annoyed by the 24 hour a day crushing operation, it could trigger a review of this stipulation. Jerry Bauerly of Bauerly Brothers, Inc., stated that the crushing operation is not an ongoing operation. Bauerly Brothers will be crushing in the fall (October and November). Mr. Bauerly stated that in other communities where residents were given a choice between three weeks of crushing at 24 hours a day or 6 weeks of crushing from 7: 00 a.m. to 7:00 p.m., the residents usually chose the 24 hour a day crushing. Commissioner Johnson suggested that if a complaint is made regarding the crushing operation, the operation should be referred back to the 7:00 a.m. to 7:00 p.m. restriction found in the City Code. Tim Keane, City Attorney, stated that if there were complaints regarding the crushing operation, the Planning Commission and City Council should review the permit to see if changes are warranted. Steve Rohlf outlined the technical questions, which need to be resolved prior to the City Council meeting in August. He stated that adjustments are needed to the maps; that the applicant shall test the water table at a test auger hole; that the wetlands are to remain, and that the applicant shall feed them water during the operation so that they will remain wetlands; that silt fencing shall be used around the wetlands; and that two settling ponds shall be retained on the site. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BASED ON THE FINDINGS OF FACT AS OUTLINED IN STAFF'S MEMO DATED JULY 19, 1990. ALSO, THAT THE CONDITIONAL USE PERMIT SHALL BE SUBJECT TO THE STIPULATIONS AS OUTLINED IN STAFF'S MEMO WITH THE ADDITION OF THE FOLLOWING: 1. THAT IF THE 24 HOUR A DAY CRUSHING OPERATION RESULTS IN COMPLAINTS, THAT THE CONDITIONAL USE PERMIT SHALL BE REVIEWED BY THE PLANNING COMMISSION AND CITY COUNCIL FOR POSSIBLE CHANGES TO THAT STIPULATION. 2. THAT THE PLANNING COMMISSION RECOMMENDS THAT THE CITY COUNCIL WAIVE THE REQUIREMENT OF REPLACING 3 INCHES OF TOP SOIL AS PART OF RECLAMATION AND REQUIRE INSTEAD THAT THE PROPERTY BE RESTORED WITH TOP SOIL IN THE AMOUNT THE SITE ORIGINALLY STARTED WITH AND BE RETURNED TO PASTURE OR MEADOW AND COVERED WITH CORN, OATS, RYE OR BARLEY. 3. THAT THE DEVELOPER REPLACE THE EXISTING TREES WITH 2 INCH CALIPER TREES AS PART OF THE RECLAMATION PLAN. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0.