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<br />City Council Minutes <br />April 17 , 2006 <br /> <br />Page 6 <br /> <br />limit density and preserve open space: not to allow the open space to be developed when it <br />will be allowable in 2008. <br /> <br />. <br /> <br />Councilmember Dietz concurred. <br /> <br />Mayor Klinzing disagreed with the intent that the rule is for preserving open space. She <br />stated it was to cluster development. <br /> <br />Councilmember Farber requested a legal opinion of the rule. <br /> <br />Mr. Wilson stated he will need time to review the rule. <br /> <br />Councilmember Gumphrey suggested a possible change to the rule in order to make it clear. <br /> <br />MOVED BY COUNCILMEMBER FARBER AND SECONDED BY <br />COUNCILMEMBER GUMPHREY TO CONTINUE THE PRELIMINARY <br />PLAT FOR CARVERWOOD HILLS, CASE NO. P 06-01 TO MAY 1,2006. <br />MOTION CARRIED 5-0. <br /> <br />The applicant submitted a letter giving an extension for this plat. <br /> <br />6.4. Request by Midwest Asphalt for Conditional Use Permit for Mineral Extraction. Public <br />Hearing- Case No. CU 06-04 <br /> <br />Ms. Haug stated the applicant is requesting a conditional use permit to operate a sand and <br />gravel pit. She stated the applicant previously had a conditional use permit that expired in <br />2001. She reviewed comments from the city's environmental consultant, the flre inspector, <br />and Great River Energy. She discussed the Planning Commission's recommendation <br />regarding setbacks along the railroad park trail. She stated she and the applicant have <br />reached a compromise for the setbacks along the trail and they would range from 50-200'. <br /> <br />. <br /> <br />Mayor Klinzing opened the public hearing. <br /> <br />Peter Umland, Midwest Asphalt representative-Questioned if the area along the trail could <br />be taxed lower than a commercial rate because the company will not be able to use it for <br />ffi1nmg. <br /> <br />Mr. Clark stated the city can't commit to a change in the tax rate but could send a letter to <br />the county encouraging it. <br /> <br />David Balanski, Midwest Asphalt representative-Stated the city doesn't understand the <br />value of the material within the setback area. He stated it involves about 5 1/2 acres and <br />several million dollars. He further stated the elevations are quite vertical and impossible to <br />climb. He stated they would be willing to reforest the area after it is mined. <br /> <br />Mayor Klinzing closed the public hearing. <br /> <br />Mayor Klinzing questioned why the buffer is needed. <br /> <br />Ms. Haug stated the Natural Resources Inventory marked tIlls area as having medium <br />quality. <br /> <br />. <br />