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Res 1990 - 23 Approving a Conditional Use Permit for a Mining OperationCITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 90-23 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A MINING OPERATION WHEREAS, Foto Mark, Inc. has made application for Conditional Use Permit for mining for the purpose of removing greater than 400 cubic yards of earth (Ordinance 401, Section 4.13); and WHEREAS, the Mendota Heights Planning Commission conducted a public hearing on March 25, 1990 to consider said application; and WHEREAS, the Mendota Heights Planning Commission recommended to the Mendota Heights City Council that the requested Conditional Use Permit be approved as proposed in Case Application No. 90-05, subject to the condition that the grading plans eliminate the use of retaining walls and a maximum of 3:1 slopes to be used. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the proposed Conditional Use Permit would have no adverse effect on the health, safety and general welfare of the citizens of the community or surrounding land and that said Conditional Use Permit for mining operation according to the plan submitted, dated August 20, 1989 and revised February 27, 1990, be approved subject to the following conditions: 1. Foto Mark, Inc. agrees to take the necessary actions to con- trol dust created by the grading operation. 2. Foto Mark, Inc. agrees to keep the public streets clean of any dirt deposited as a result of their grading and hauling opera- tions. 3. Should there be excess black dirt, Foto Mark, Inc. agrees to make it available to the City provided the City will load and remove the dirt from the site at its own expense. - 4. Foto Mark, Inc. acknowledges that this CUP approval is limited to their grading operations and that any building expansion plans will require further City Council approval. 5. Foto Mark, Inc. agrees to work with its abutting property owners to reduce or eliminate the need for retaining walls along their north and south property lines and that a maximum of a 3:1 slope will be utilized. 6. All work will be completed no later than June 1, 1991. Adopted by the City Council of the City of Mendota Heights this 17th day of April, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By ��..-� � Charles E. Mertensotto, Mayor ATTEST: �G4�J ,1�'l K thleen M. Swanson, City Clerk