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LAKE ELMO CITY COUNCIL MINUTES JULY 17, 1984 PAGE 4 D. 1984 Street Improvement Program Update. The City Engineer advised the Council that the grading work has begun (about one week ago) and is progressing normally. He further stated that additional fill is needed which is provided for in the contract. The contractor has made arrangements with the John Berchen's to get some fill material from some property that Mr. Berschen owns north of 45th Street on the east edge of the powerline easement. The question comes up whether or not this falls under the mining section of the City Code and if it requires a mining permit. The code does exempt mining which includes excavation, removal and storage of sand and gravel for road projects, if it is within the construction limits of a road project. This Berschen area was never designated as within the construction limits because the City had not contemplated the contractor requesting this. If a mining permit would be required, we would have to go thru the public hearing process. This issue was addressed a few years ago when the Highway 5 safety improvements were undertaken, and in that case the contractor made arrangements with Lehart Freidrich, which in a similar case wanted to get some fill from an Agricultural field adjacent to the Highway. In that case, the contractor started without the benefit of a permit. A permit was granted but the contractor was charged a double fee for beginning without approval. If the contractor is denied this waiver of a mining permit, he will probably make some other arrangements. The contact stated we would need about 4000 yards; but the contractor knows he couldn't get all of it from the Berschen's because it isn't available. There is quite a bit of top soil and heavy material on top so the contractor would push that off and mine out a F , certain amount and would have to close it up again. We would not allow ; him to make any depressions that would hold water, and the property owner wouldn't allow it either. The Engineer stated that he did not see any problems with runoff or erosion because all of the top soil, etc., would be pushed down slope and create some kind of a dyke. It is beginning at the right-of-way and working north, so as far as noise, etc., is concerned, it is probably an equal distance from what is happening in the street itself. Morgan suggested that if there was any excessive top soil from this project, it could be used in Pebble Park. M/S/P Fraser/Morgan - To waive the mining permit with the stipulation that the immediate neighbors are notified of what is going to be done. (Motion carried 4-0-1 <Eder>). E. Public Hearing for application by Richard Bergmann for an amendment expansion of his existing CUP; and side yard setback at Lake Elmo Avenue and Highway 36. Pursuant to published notice, this public hearing was opened at 8:25 p.m. in the City Council chambers. Mr. Bergmann presented his proposed site plan and explained his reasons for wanting to restructure his existing business. This reason is to eliminate the infringement on his privacy that his present retail sales building has created. His reason for requesting a 50 foot setback rather than the required 100 foot setback is the topography of the land.