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