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Councilmember Anderson inquired if the slopes that are currently not in compliance with the <br />City ordinance could be brought into compliance. <br /> <br />Mr. Enstrom replied that the areas that are completed are in compliance, but he did not think <br />there were any restrictions placed on the slopes while he is in the process of excavating. He <br />thought the ordinance only referred to unattended slopes. <br /> <br />City Engineer Jankowski stated that the slopes on the property are not a real problem, but the <br />guidelines are put into place for safety reasons. As it pertains to Mr. Enstrom's property the site <br />is quite isolated. <br /> <br />Councilmember Anderson stated that they need to clarify what the hours of operations are <br />because there seems to be a difference in opinions. <br /> <br />Mr. Enstrom replied that he lives on the property and does work on the property. He explained <br />that he does not open the business to the public after the stated hours in the permit. He does <br />grade and excavate at different times of day because he has to work when the weather <br />cooperates. <br /> <br />Counciimember Anderson stated that the conditional use perrnit stated that if Mr. Enstrom was <br />going to do work outside of the standard business hours he needed to receive permission fi'om the <br />City Administrator. <br /> <br />Mr. Enstrom replied that the posted construction hours at City Hall are fi'om 7:00 a.m. to 10:00 <br />p.m. He is out in a rural area and has to work when the weather permits. He does not open the <br />business to the public or have large trucks running in and out of his property outside of the hours <br />of operation included in the permit. <br /> <br />Councilmelnber Anderson suggested that condition #24 be rewritten to reflect what accurately <br />occurs on the property. <br /> <br />Councilmember Kurak stated that she did not see how they could issue the permit at this time <br />since other permits were needed from other organizations in order for the excavating to continue. <br /> <br />City Attorney Goodrich replied that the permit was eligible to be issued, with some additional <br />findings, which would make the obtaining of the necessary permits a requirement. He <br />recommended that the conditional use permit be approved contingent upon the applicant <br />receiving a WMO permit pursuant to the Wetland Conservation Act and obtaining a letter fi'om <br />the MPCA confirming that an MPCA permit is not required. <br /> <br />City Engineer Jankowski noted that if the conditional use permit is approved, Mr. Enstrom could <br />continue to sell and haul the material that is already excavated until the proper permits are <br />obtained to continue excavation. <br /> <br />City Council/November 20, 2001 <br /> Page 4 of 12 <br /> <br /> <br />