Minutes - Council - 11/20/2001 - Special

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permit shall be in place during the entire term of this conditional use permit in order for excavation to take place on the site." Mr. Goodrich also recommended that condition #30 be added as follows: "Not withstanding the permit contingencies in condition #29 above, Permittee may export only earth materials from the subject property even though the necessary regulatory excavation permit requirements may not be fully complied with." The issue pertaining to the slopes is a mandatory requirement of a City ordinance so the Council was not at liberty to make any exceptions. He noted that Mr. Enstrom has agreed to commit to the ordinance regarding the slope limit requirements. Greg Matuseski, 8840-181st Avenue NW, Ramsey, presented an aerial view of the site. He explained that the one concern he had is, three years ago they went through the same process and at that tilne Mr. Enstrom's intention was to dig a pond that would be five to ten feet deep. Now the project has gone from a pond to a small business and now the pond is at least ten to 15 feet deep. Mr. Matuseski explained that he lives 400 to 500 yards away from the site and he can hear the machinery. He stated that he is not against Mr. Enstrom having the pond or even having a business, but wants him to follow the rules. On Sundays, they have family things going on, and the noise is excessive. In the City ordinance subsection A, it states that operations can take place until 8:30 p.m. on weekdays and no weekends. He felt that allowing Mr. Enstrom to work on weekends was excessive and he did not think that small businesses were permitted to advertise, which Mr. Enstrom does. Mr. Matuseski stated that if everyone follows the same rules everyone in the neighborhood would get along better. He also felt that the permit being issued for three years was excessive. He recolnmended issuing the permit for a shorter period and then extending it if necessary if there are no complaints. Councihnember Anderson inquired if it has ever been stated as to the amount of soil that should be removed fi'om the site. City Engineer Jankowski replied that an estimate was made, but there has been no tracking system as to how much has already been removed. Councihnember Anderson inquired as to how the City could determine how much soil has been removed from the site. City Engineer Jankowski replied that staff could review some cross sections of the areas that have been excavated. City Attorney Goodrich noted that paragraph 3 of the conditional use permit references Exhibit A, which pertains to the volume of material that is to be excavated. Kip Swanson, 8780-181'~t Avenue NW, Ramsey, stated that his property is adjacent to Mr. Enstrom's property. He explained that he has never been opposed to a pond or a lake because in the long run it will probably benefit him. He stated that he has no complaints with how Mr. Enstrom operates on his property as long as it does not adversely impact his land. There have been some comments made by other residents pertaining to the machines, but it has never been a City Council/November 20, 2001 Page 10 of 12