Minutes - Council - 11/24/2009 - Laserfiche WebLink

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Councilmember Elvig stated he had received some calls from the neighbors who had no issue with this home business. Mayor Ramsey stated he had heard from a neighbor regarding the burning and dumping of materials, but had not given any other comments with respect to the business. Councilmember Look stated as long as the neighbors had no objection as they had in past cases, he did not have an objection to this request. Councilmember McGlone stated he was in opposition to this request due to the illegal burning, illegal dumping, police reports, encroaching on other property, and zoning. Motion by Councilmember McGlone to deny the request. Motion failed for lack of a second. Motion by Councilmember Elvig, seconded by Councilmember Look, to adopt Resolution #09- 11-270 adopting the Findings of Fact #0858 related to the Applicant's request for a home occupation permit and to adopt Resolution #09-11-271 approving the Applicant's request for home occupation permit based on the Findings of Fact. Further discussion: Councilmember Look asked if it could be determined how much dumping had occurred and how much it would cost to clean up. Associate Planner Gladhill responded staff could do some additional exploration and make a requirement in the permit to remove all bearing material. Councilmember Look asked if Mr. Kriens was agreeable to having additional exploration done. Mr. Kriens responded he was agreeable to this. Associate Planner Gladhill stated staff could work with the Anoka Conservation District who has a file on this to see what additional clean up. had to be done. Councilmember Wise stated he would prefer to have the applicant clean up the area himself and then have an inspection done. Councilmember Elvig amended his motion: Work with Anoka Conservation to review the site and to require reimbursement by the contractor. Councilmember Look agreed to the amendment. City Attorney Goodrich recommended the following motion language: "to adopt Resolution #09-11-270 adopting Findings of Fact #0858, permit conditions to'include applicant identifying all buried materials on the site and being responsible at his cost to remove all of his buried materials on the site as required by the MPCA and the Anoka Conservation Commission. In addition, applicant shall permit the City and any other related agencies to monitor the identification and removal of all buried materials as required by the City and said monitoring agencies". Councilmembers Elvig and Look agreed to the amendment. Councilmember Dehen asked for consideration to be made to the outdoor storage. He stated he was not in favor 'of this motion, unless there was assurance there was no construction materials outside. Associate Planner Gladhill noted the Planning Commission requested all construction City Council / November 24, 2009 Page 7 of 11