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Mr. Moersfelder stated that Mayor Heitman's example, time frame of mining <br />permit, is germaine to the mining permit. With respect to temporary, consider <br />Planning and Zoning's recommendation to consider the mining request under some <br />set periods of time. <br /> <br />Councilmember Cox stated that he would like some clarification regarding the <br />legallity of whether or not a public hearing is required. <br /> <br />City Attorney Goodrich stated that this particular request falls within the <br />temporary conditional use permit category. Council can conduct a public <br />hearing on any issue they choose to and by having a public hearing Council <br />basically puts this request into the conditional use permit category. ~he <br />criteria for conditional use permits is somewhat more stringent, but Council <br />can also put any criteria on the permit they desire. <br /> <br />Councilmember Cox inquired as to the area of notification on the public <br />hearing for the mining request. <br /> <br />City Attorney Goodrich stated that the notice would be published in the <br />official newspaper and all landowners within 350' of the subject area <br />boundaries must be notified by letter. <br /> <br />Mayor Heitman reiterated that separating mining request from the landfill will <br />be a difficult issue; he will endeavor to do so but there will be citizens <br />asking questions that Waste Management might not feel are germaine to the <br />mining request and he will also hear out those citizens. <br /> <br />Douglas Fountain - 15255 Garnet St. - Noted that Council is considering <br />appointing an Ad Hoc Landfill Committee and suggested that the public hearing <br />be tabled until that Committee has been established in order that the Ad Hoc <br />Committee will have time to study the request also. <br /> <br />City Attorney Goodrich stated that he recognizes that it is a difficult <br />situation when the applicant for the mining permit happens to be the owner of <br />the landfill, but this is not a landfill application. Council may want to <br />appoint a mining permit committee and Council should be conscious not to <br />relate this mining request with the operation of the landfill. Mr. Goodrich <br />stated that Council should not get in the position of violating a law by <br />disallowing the property owner use of his granular material. <br /> <br />Councilmember Cox stated that it is Council's legal responsibility to separate <br />the mining request from landfill operation; if it were anyone else making the <br />same mining request, and they did not own the landfill and met all the <br />criteria without producing some adverse effects, Council would have some real <br />problems in denying the request. Councilmember Cox also suggested that people <br />select a spokesman from their area to express their concerns in order to avoid <br />a lot of repetition during the hearing. <br /> <br />Council unanimously consented to dispense with the reading of the resolution. <br /> <br />January 22, 1985 <br />Page 22 of 30 <br /> <br /> <br />