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RESOLUTION 86-15 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO HAMMES MINING TO ENGAGE IN MINING OPERATIONS FROM JANUARY 1, 1986, THROUGH DECEMBER 31, 1986 WHEREAS, Hammes Mining (applicants are William H. Ham- mes and Clara C. Hammes and their heirs) has applied for a renewal of a Cityof Lake Elmo Conditional Use Permit to engage in mining operations— to mine and self sand, gravel and rock — on and from the properly described as 1011DWa: The South one -hall (8112) of the Northeast Quarter (NEU4) of Section Thirty -tour (34) Township Twenty-nine (29), Range Twenty-one (21) West, and the West One-half (Writ) ofihe Nor- thwest Quarter {NW1/4) of Section Thirty-five (35), Township Twenty-nine (29) Range Twenty-one (21) West, WHEREAS, Section 901.030 of the Municipal Code of Lake Elmo requires a Conditional Use Permit to engage in mining Operations; and, WHEREAS, Section 9D1 of the Municipal Code of Lake Elmo sets forth the conditions under which such permit may be granted for mining operations and expressly authorizes the Ci- ty tO impose conditions considered necessary to protect the health, safety, moral and general harmony of its citizens. WHEREAS, the City finds that certain conditions exist on the aforesaid properly, which represent a potential hazard and nuisance to surrounding citizens, and expressly desires to im- pose conditions on the grant of any permit to eliminate any such conditions. WHEREAS. Section 301 of the Municipal Code of Lake Elmo sass forth the zoning regulations which allows mining operations in Agricultural zoned land; and, WHEREAS, the applicant meets or exceeds all the conditions Set forth above except as may be hereinafter stated. NOW, THEREFORE, BE IT RESOLVED by the City Council Of the City of Lake Elmo, THAT, the Conditional Use Permit for mining operations at the above described parcel is hereby granted to Hammes Min• ing from January 1, 1986 through December 31. 1086 subject to the folfawing conditions: 1. This permit shall be valid for one. year from the data hereof, and shall terminate on December 31. 1986 unless terminated earlier by action of the City Council forviolation of said Ordinance or this permit, as provided therein or unless renewed by the Ci- ty Council, 2, Mining operations shall be conducted on the above describ- ed properly within the limits, under the conditions and in accor- dance with the plans submitted with the application herein and entitled "Hammes Properly Evaluation," prepared by Frank Homer Co., dated March 14. 1972, as revised May 9, 1972, ex- cept insofar as said plan is limited or modified by the terms of this resolution granting renewal of the permit. 3. Adherence to said p)an shall be in accordance with the reasonable directions of the Building Official. 4. All operations permitted by the Condi ional Use Permit shall be under the terms and conditions of Section 901 of the Municipal Cade of 1979 relating to mining. 5. As acondition of operation pursuant to this permit the Ap- plicants shall' abide by the terms of this permit, the aforesaid Ordinances and said plan, including all of the provisions thereof relating to Completion of operations and restoration of the Premises, It Applicants should default in any of their obligations hereunder, the City may proceed to abate any nuisances, com- plete operations and restore the premises in accordance with the said plan and hold each of said Applicants liable personally forthe cost and expense incurred therein. Alternatively, the Ci- ty expressly retains the right to terminate this Conditional Use Permit pursuant to Section 901,040 of the Lake Elmo City Code of 1979, 6. No operation shalt begin pursuant to this permit until a cer- tificate Or Other evidence of insurance as required by Section 901.070 (GI fins been filed with the City clerk and unlit the per- formence bond requlred by Section 901.070 (F), Or other security instruments as may be provided in this permit, shall have been filed with the City Clerk. 7. No mining excavations shall be conducted below an aleva- lion of 935 feet above mean seal level until the Applicants shall post a band in a reasonable amount satisfactory to the City Coun- cil, whereupon mining excavation may thereafter be conducted to a depth of 920 feet above mean sea level during the term of this permit. 8. No mining operavons shall be conducted any closer to the proposed rights -of -way of County Road 19 or Interstate Highway 94, as said rights -of -way have been located on the date hereof, than shall be permitted in the case of existing or proposed street right-ot-way under Section 901.070 (C) of the said Municipal Code, 9. No operation Shall begin pursuant to this permit untii the minimum annual fee has been paid. By Commencing operations pursuant to this permit. Applicants agree to pay annual inspec. lion fees, as defined and determined pursuant to Section 901.079 (D) of the said Municipal Code, 10. Without the consent of the Cily Council, this permit shall not be assigned and shall be valid only so fong as at feast one of the above named Appticants continues to be the owner of the above described real estate. The City Council agrees that it will not withhold its consent unreasonably. 11. Except for financing purposes, and except for conduit con- veyances among themselves, the Applicants shall not convey fee title to the above described real estate without first giving written notion thereof to the City. -12' If the Applicants elect to do so, they may secure their Performance of the conditions of this permit by an appropriate performance agreement secured by a mortgage on forty (40) acres of the land owned by Applicants in the City of Lake Elmo, in lieu of the performance bond required by Section 901,070 (F) of the said Municipal Code; the same to be in a form approved by the City Attorney. 13. Storage of inoperable or unlicensed vehicles shall cease 'f on the premises etiecllve March 1, 1986, 14. All junk and other materials as defined In Section 1501.M (J) of the City Code shall be removed, ar properly screened, pur sushi to Section fO53.020, by March 1, 1986, 16. The blue house, white house and mobile homes current- I Iy located on the aforesaid property shall either be removed or plated on permanent approved faundallons by March 1, 1986, 16. Discharges of firearms of any type shall not be permitted upon the aforesaid property. 17.Operations of any off -tile -road vehicles (ORVs), including, but not limited to three-wheelers, recreational teurwheel drive and snowmobiles, by parsons other than the property owners or their Immediate families is prohibited. This permit ranewat is Issued by the City of Lake Elmo pur- suant to its Municipal Code. This permit renewal does not pur- port to permit any improvement, use of activity which may be prohibited or regulated by other governmental agencies having jurisdiction or regulated by other governmental agencies hav- ing jurisdiction over said $and of the Subject matter of this permit. The conditions of this resolution are intended to supercede any and all conditions previously imposed. The City expressly 1 refuses to waive any rights or authority allowed it under its ` Municipal Code to grant or renew a Conditional Use Permit for mining purposes. Failure of Hammes Mining to fulfill the aforesaid conditions shall be grounds for termination of this renewed Conditional Use Permit. 'Renewal of original permit dated September 10, 1978, Notice oflhis Resolution shelf be effected by publication and by mafling a copy hereof to Applicants. Adopted this 21st day of January, 1996 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: David A. Morgan Attest: Robert Lee Overby Mayor City Administrator (Review: Feb. 19, 1986)