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LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1994 5 the material is recycled at the same place. Many municipalities require that recycled materials be used for all road construction. Mr. Voss felt left out of the loop somehow because he did not know the planning commission was going to hold a vote on this issue and would like an opportunity to re- visit this issue. M/S/F Conlin/John - to not allow black top, concrete recycling as part of the recycling operation of the Hammes CUP. (Motion failed 2-3:Mottaz:Applicant wasn't afforded due process, this is not an expansion of a mining operation because a mining operation always included crushing of rocks, etc., very good use of material to keep out of the landfill.; Johnson:a public hearing should be held and direct the PZ to hold a public hearing on the CUP, It's been brought up a number of times of violations with the CUP with controlling this operation, have had cooperation over the last 1 1/2 years and finally getting the sight somewhat cleaned up. There is a violation of mining too close to the propertyline, little attempt to relandscape into something that can be made into usable property. When we revisit the CUP we should revisit all the apparent violations as part of this before he would vote to allow this operation., Johnston: Process has not been afforded due public procedure and the applicants are entitled to this. Enforcement question continues to come up and if we decide we need to address that by calling a public hearing to rescind the CUP entirely, she would be prepared to do that). Filla stated, "For purposes of the PZ meeting, if the city would like to consider allowing this type of use,and if so, what kinds of regulations would have to be adopted. This would then become the focus of the Public Hearing to amend the code; but we should call recycling, "recycling", instead of pretending that it is mining." M/S/P Johnson/Mottaz - to table and direct staff to enter into discussions with the applicant to come up with a plan that can go back to the Planning Commission and ultimately the public hearing. (Motion passed 4-1:Conlin:For reasons stated before). C. Resolution No. 94-21: Allowing Accessory structure located between the public road and the principal structure: Bob Taverna, 10174 Stillwater Lane M/S/P Mottaz/Conlin - to adopt Resolution No 94-21, A resolution, as amended to include the additional recital that the applicant has submitted the required approval of the adjacent property owners pursuant to the requirements of the ordinances allowing Bob Taverna, 10174 Stillwater Lane, to construct a garage as outlined in sketch; subject to meeting all the requirements determined by the Building Official. (Motion passed 5-0).