1993.08.02 CC Minutes - Laserfiche WebLink

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City Council meeting of August 2, 1993 Page 5' MINING PERMIT (RIVER CITY ASPHALT) Richard A. Carron and Darrel Hansen applied for renewal of their mining permit to mine sand, class 5 gravel, bituminous mix materials, and clay at the NW 1/4 of SW 1/4 of Section 23, T31N, R21W. Given the litigation in progress regarding expansion of this activity into adjacent property, the City Council requested an opinion from the City Attorney regarding the appropriateness of renewing this mining permit. Based on his letter of July 15, 1993, staff recommended that the mining permit be renewed subject to special conditions. Barnes made motion, Stoltzman seconded, to approve the request of Richard A. Carron and Darrel Hansen for renewal of their Mining Permit to mine sand, class 5 gravel, bituminous mix materials, and clay. Approval is subject to the previous conditions and the following additional conditions: 1. All current conditions of the SUP dated July 1, 1992 continue. 2. The permit shall specifically state that it is being issued on the condition and for the purpose of maintaining the status quo during the pending litigation, and that the issuance of the permit in no way forgives what the City believes to be violation of last year's permit. The permit should specifically state that mining is to take place only in the subject 40 acres, and the City does not grant any permission to do any other mining or excavation work on any other adjacent areas of property. The City also reserves the right to take whatever steps the City deems proper in order to enforce the terms of the permit irrespective of the past actions of the applicants. 3. The applicant shall prepare and provide the City a detailed site -restoration plan by February 1, 1994, to include: a. Proposed final use of the property. b. A grading plan with 2' contour intervals. C. Top soil restoration. d. Plans for revegetation, including seed mixes, fertilizer rates, and mulches. e. A specific timetable for the conduct of all such restoration work. VOTING AYE: Barnes, Brunotte, Leroux. Stoltzman VOTING NAY: Miron Motion Carried. SPECIAL USE PERMIT (STOLTZMAN) At the Council meeting of July 19, 1993, the City Council tabled action on a proposed SUP for Laura and Walter Stoltzman until the meeting of August 2, 1993. The Council reviewed a revised Agreement. Miron made motion, Leroux, seconded, to table this matter unit September 7, 1993, to allow further consideration of the proposed Agreement. VOTING AYE: Barnes, Brunotte, Leroux, Miron ABSTAINED: Stoltzman Motion Carried.