HomeMy WebLinkAbout2001.12.17 RESO 2001-0075RESOLUTION 2001- 75
APPROVING A RENEWAL OF THE CONDITIONAL USE PERMIT FOR
THOMMES AND THOMAS LAND CLEARING FOR PROPERTY LOCATED AT
5725 -165TH STREET
WHEREAS, Thommes and Thomas has requested approval of the conditional use permit
renewal to allow the operation of a business consisting of processing and storage of
firewood, recycling of tree waste, chipping, and operation of a mobile air curtain furnace
on property legally described as follows:
The SW `/e and the SE'/ of the SW % of Section 8, T31N, R21W.
WHEREAS, the Planning Commission has reviewed said conditional use permit at a duly
called public hearing and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
conditional use permit renewal for Thommes and Thomas on property located at 5725-
165" Street, subject to the following conditions:
1. This permit shall be subject to renewal every 24 months beginning with the date of
approval by the City Council. The Council, upon a recommendation from the
Planning Commission, may add conditions to the Conditional Use Permit to mitigate
any nuisances that exist on the property.
2. The activities on the site shall be limited to the storage, sorting, chipping, sawing,
burning, and sale of tree waste and brush, in accordance with the approved site plan.
3. All burning activities, unless specifically permitted by the City Fire Marshall, shall be
conducted within a Mobile Air Curtain Burner approved for such use by the
Minnesota Department of Natural Resources and the Minnesota Pollution Control
Agency. The burner shall be operated in accordance with the manufacturers
standards and recommendations, as well as the rules and regulations of the Minnesota
Pollution Control Agency.
4. No open burning is permitted on the site unless specifically permitted by the City Fire
Marshall, the Minnesota Department of Natural Resources, and the Minnesota
Pollution Control Agency.
5. Hours of operation for the site shall be from 7:00 a.m. to 7:00 p.m., Monday through
Friday, except legal holidays. Hours of operation on Saturday shall be from 7:00 p.m.
to 6:00 p.m., except legal holidays. The Mobile Air Curtain Burner shall be allowed
to operate 24 hours per day Monday through Saturday, except legal holidays.
6. No machinery, equipment, or vehicles shall be stored on the site, except processing
equipment necessary for the conduct of permitted activities.
7. The permitee shall maintain access for fire fighting equipment to all storage areas and
processing facilities at all times, as determined adequate by the City Fire Marshall.
' Resolution 2001- 75
Page 2
8. Access to the site shall be controlled by a gate, which shall be closed and locked at all
times an employee of the permitee is not on the site. "No Trespassing" signs shall be
posted at the entrance gate.
9. Exterior storage of tree waste on bare ground, and in accordance with the approved
site plan, is recognized as a lawful non -conforming use of the property. Pavement of
the tree waste storage areas is not required.
10. The permitee shall maintain the vegetative screening along the south property line to
screen on-site activities from view from adjacent properties and public road right-of-
way.
11. The permitee shall reimburse the City for any and all costs the City incurs in
responding to fires that occur, on or off the site, due to the permitee's activities on this
site.
12. The permitee shall hold the City of Hugo, its employees and agents harmless for all
activities undertaken by the permitee under the terms of this permit. The permitee
shall maintain liability insurance, naming the City of Hugo as an additional insured,
in an amount not less than $1,000,000 for operations undertaken on this site during
the duration of this permit.
13. No advertising signs are permitted on the site.
14. Vehicle weight restrictions on public roads shall be observed at all times.
15. All brush, wood, refuse, and other materials brought on to the site shall be removed
from the site prior to expiration of this permit.
16. The permitee shall deposit $5,000.00, in cash or security acceptable to the City's
Finance Director, with the City to guarantee the permitee's performance under the
terms of this permit.
Upon roll call, members voting AYE: Granger, Haas, Petryk, Puleo, Miron
VOTING NAY: NONE
ADOPTED by the City Council this 170 day of December 2001.
Frfa`MNn, Mayor
ATTEST:
Ait.e-m
Mary Creager, City Cl