04-28-2004 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 28, 2004 RESOI. UTION NO. 2004-4-82 -DENYING THE CONDITIONAL USE PERMIT FOR SPECIAL. PURPOSE FENCE AND GRANTING THE EXEMPTION FROM THE NOISE ORDINANCE FOR A GENERATOR AT 2925 COUNTRY DRIVE AS REQUESTED BY RAB, LLCSUBJEC'T TO THE FOLLOWING CONDITIONS: o RESTRICTING THE OPERATION OF THE GENERATOR TO I S MINUTES EVERY OTHER WEEK FOR MAINTENANCE PUKPOSES; o REQUIRING THE SCREENING OF THE GENERATOR WITH THE APPROPRIATE PLANTINGS TO THE SATISFACTION OF THE CITY .S"IAFF AND REQUIRING THE PLANTINGS TO 73E PLACED IN A I OCATION SO AS NOT TO INTERFERE WITII THE FUTURE CONSTRUCTION OF A NOISE ABATEMENT FENCE; o REQUIRING THE INSTAI_I ATION OF THE SCREENING PLANTINGS WITHIN 30 DAYS; o DECLARING THAT THE EXEMPTION MAY BE REVOKED AT ANY TIME IN THE FUTURE IF THE NOISE 73ECOMES A PR0137,EM AND/OR THE FREQUENCY OF THE RUNNING OF THE GENERATOR INCREASES OR THE TERMS` OF THIS APPROVAL. ARE NOT COMPLIED WITH o REQUIRING AN AGREEMENT WITH THE PROPERTY OWNER TO BE RECORDED AGAINST THE PROPERTY FOR THE FUTURE INSTALLATION OF THE NOISE BARRIER FENCE AT THE DIRECTION OF THE CITY COUNCIL The foregoing resolution was duly seconded by Blesener. Ayes (4) Fahey, Blesener, Montour, Anderson. Nays (0). Resolution declared adopted. PRELIMINARY The City Administrator reported that George Collova has withdrawn PLAT - his application for Preliminary Plat for Collova Estates given that the COLLOVA proposed density will not meet MN DOT's standards to warrant sound ESTATES wall consh~uction as part of the Unweave the Weave project. The Administrator explained that part of the problem is the distance between the highway property and the developable portion of land that Mr. Collova owns. The Administrator noted that there is a NSP powerline easement between the fieeway and the developable land. 11