2012.05.21 CC Minutes - Laserfiche WebLink

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Hugo City Council Meeting Minutes for May 21, 2012 Page 5 of 8 A gentleman named Archie said it gets a little dusty and he hears a little noise, but he would hate to see people lose their jobs. He hoped the Council and Rick Burr could come to some agreement. Richard Mireault, owner of North Side Construction located at 15627 Forest Boulevard North, said he felt the City should give Mr. Burr until October to get it done. Mike Atkinson, 5560 140th Street North, stated the City should work with Rick Burr. There were no other comments, and the Mayor closed the public hearing. City Attorney Dave Snyder recapped the events that lead to this public hearing. When Mr. Burr wanted to build the addition and expand the use in 2007, it was not permitted by ordinance. The City amended the Zoning Code and granted variances to specifically allow it. Violation of the CUP began in 2010. At that time, the City did not take any enforcement action and allowed the prohibited activity to continue to take place on a restricted basis. In 2011, the City again didn't take any enforcement action, instead invited Mr. Burr's cooperation. At that time, Rick agreed to comply within a year, and provide a progress report at six months. The City still has not received any information on how Rick intended to comply. City Attorney Dave Snyder indicated that if the CUP was revoked, it would not be the fault of the City; it would be Mr. Burr's failure to comply. Rick Burr said it took two years for him to get his building permit, and he was not aware the City had changed the zoning on his property from Industrial to Commercial. Rick provided a list of signatures from 32 residents and local area businesses that his employees support who are in favor of Gusset Design maintaining their CUP. The Council discussed the lack of information provided by Mr. Burr on the building design and how it would address the issues of noise and dust. It was Council Member Weidt's strong opinion that Mr. Burr repeatedly chose to ignore the complaints and opportunities to comply, and Rick would be responsible if his employees lost their jobs. Council Member Weidt stated that the sandblasting should be done inside the existing building. Haas made motion, Klein seconded, to table consideration of revoking the CUP for 30 days to enable Rick Burr to provide the details on the building, including size, materials, how it would address sound proofing and dust control, to meet the conditions of the Conditional Use Permit. Ayes: Haas, Klein, Petryk, Miron Nays: Weidt Motion carried. Council took a short recess. Public Hearing on Renewal of Atkinson Minim Permit The Council reconvened at 8:50 p.m. A public hearing was scheduled to consider the renewal of the Atkinson Mining Permit for mining and excavation on their property located on the south