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I I I I I I I I I I I I I I I I I Motion by Co~missioner Deemer and seoonded by Commissioner Hendriksen to recommend approval of a mining and grading permit for Mr. Bud Sauter to mine and grade his property located at the northeast corner of the intersection of Industry Avenue and Sunfish Lake Boulevard oontingent upon Mr. Sauter entering into a mining and grading permit agreement with the City. Further, that the mining and grading permit will include all items oontained in the proposed conditional use permit agreenent, with the foll(~ing adjustments: 1. The title 'Proposed Conditional Use Permit Agreement' should be changed to 'Proposed Mining and Grading Permit'. 2. All references to 'conditional use permit' in the proposed agre~nent should be changed to 'mining and grading permit'. 3. Hours of operation will be limited to the hours of 7:00 a.m. - 8:00 p.m. Monday thru Saturday and 9:00 a.m. - 5:00 p.m. on Sundays. 4. ne amount of the performance bond will be determined by the City Engineer. 0 Add Item %8 to the list of conditions as follows: 'Excessive build up of fill material on the blacktop of County Road %116 will be 6. Add Item %9 to the list of oonditions as follows: be utilized on the acoess road'. 'Dust control will Further Discussion: C~ssioner Hendriksen inquired if approving the grading plan, which is for future platting purposes, also implies approval of that future platting. Chairman Peterson replied that it did not. Chairman Peterson noted that there is no time limit included in the agre~nent. City Planner Anne Norris stated that a time limit should not be required with proper phasing and adequate restoration. Ccmmission consensus is that if Mr. Sauter deviates fr~m his grading plan, his operation will be ceased by way of a permit violation. Commissioner Deemer noted t.hat the permit is no longer being called a conditional use and therefore cannot be passed onto the next property owner. Motion carried. Voting Yes: Chairman Peterson, Ccmm%issioners Zi~aerman, Deemer, LaDue, Hendriksen and Johnson. Voting No: None. Absent: Commissioner Kennen. ~ Requ_ est For Metes And Bounds Subdivision; Case Of Mr. Lauren Mr. Wetterlind was present and stated that he is requesting approval to subdivide a two acre paroel from his 10 acre paroel for each of his two (~ain~n Peterson noted that Council has not yet taken any action on the Planning C~mmission's proposed resolution regarding the impla~enting of the 1 unit in 10 acre rural residential density requirement in the Comprehensive Plan; action taken in the Wetterlind case would be contingent upon Council April 9_, 1985 Page4 of 6