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Mayor Gamec called the special City Council meeting back to order at 9:36 p.m. <br /> <br />City Attorney Goodrich stated that he had received a letter from Cliff and Cindy Houle, 17711 <br />Vicuna Street NW, Ramsey, which stated the following: "We are neighbors to John and own <br />property next to the lake. John's work has not bothered us, noise has never been an issue. We <br />would support extending hours to work during daylight honrs (for digging dirt). Mr. Goodrich <br />recommended that condition #24 be amended as follows: "All grading and export operations <br />shall be conducted between sunrise and sunset Monday through Saturday, except that no export <br />operations shall be conducted on any day after 5:00 p.m. In addition, on no more than 10 <br />Sundays in each calendar year of the permit, Permittee shall be permitted to conduct grading <br />operations on the subject property between the hours of 10:00 a.m. and 5:00 p.m. Pennittee shall <br />be required to advise the City Administrator of each Sunday he conducts grading operations in <br />order to control the ten Sunday per year limit." <br /> <br />Councilmember Anderson inquired if Mr. Enstrom was planning on having any retail business in <br />the evenings. <br /> <br />Mr. Enstrom replied no. <br /> <br />Councilmember Kurak inquired if Mr. Enstrom would have to notify the City Administrator <br />prior to working on a Sunday. <br /> <br />City Attorney Goodrich replied no, explaining that he could notify the City Administrator after <br />the fact, because his work is based on weather. <br /> <br />Councilmember Zimmennan stated that he could agree with the request, but felt the hours were <br />excessive. <br /> <br />Mr. Enstrom noted that his closest neighbors have stated that they cannot hear when he is <br />excavating. <br /> <br />Councilmember Hendriksen stated that he does not have a concern if the equipment is not <br />audible off the property. <br /> <br />City Attorney Goodrich noted that one of the conditions of the permit is that the maximum noise <br />level shall be within the limits of the MPCA and MPA. <br /> <br />Consensus of the Council was to amend condition #24 as recommended by the City Attorney. <br /> <br />City Attorney Goodrich recommended that condition #~),,be added as follows: There shall be <br />no excavation activity on the subject property unless permittee provides to the City either a letter <br />fi'om the MPCA and the WMO stating permittee's excavation activities are exempt from their <br />respective permit process, or a permit from said regulatory agencies. If a permit is required, said <br /> <br />City Council/November 20, 2001 <br /> Page 9 of 12 <br /> <br /> <br />