Upon receipt of the application, the council, by majority vote of the members present, may, when deemed appropriate, order a public hearing to be conducted by the council except where a previous hearing was held to consider sand and gravel district zoning which resulted in existing sand and gravel district zoning for the same property. The notification of public hearing shall be the same as that required for a rezoning. The council shall examine the same with the purpose of protecting and preserving the health, safety, and general welfare of the inhabitants of the city. The council, after a permit has been granted, shall require the applicant or owner of the premises to do the following unless otherwise governed by the sand and gravel district provisions of the zoning regulations: (Ord. 914, 2-23-1998)
A. Fencing: Properly fence any pit or excavation.
B. Slopes: Slope the banks, fill, level off any pit or excavation or otherwise place in such condition at any time so as not to be dangerous because of sliding or caving banks and so as to minimize or stop erosion or dust during or after excavation. Maximum depth and slopes shall be the same as required by the city sand and gravel district provisions of the zoning regulations.
C. Drainage: Properly drain, fill or level off any pit or excavation so as to make the same safe and healthful as the council may determine.
D. Inspection Costs: Reimburse the city for the cost of periodic inspections by the city engineer, building official or other city employee, for the purpose of seeing that the terms under which the permit has been issued are being complied with. (1974 Code § 420.05)
E. Bond: Post a letter of credit or cash escrow of a minimum of five thousand dollars ($5,000.00) per acre with a total minimum not less than ten thousand dollars ($10,000.00), unless a lesser amount is set by the council, running to the city, conditioned to pay the city the cost and expense of restoration of an excavated area and expense of grading, providing topsoil and seeding where the applicant or owner shall fail to complete an excavation or restoration within the conditions under which the excavation permit was issued. (1974 Code § 420.05; amd. 2008 Code)
F. Insurance: Furnish certificate of comprehensive general liability insurance issued by insurers duly licensed within the state of Minnesota in an amount of at least two hundred fifty thousand dollars ($250,000.00) for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least seven hundred fifty thousand dollars ($750,000.00) for injuries or death arising out of one occurrence, and property damage liability in an amount of at least one hundred thousand dollars ($100,000.00) arising out of any one occurrence. In the alternative to the above, a combined bodily injury and property damage liability policy of at least five hundred thousand dollars ($500,000.00) for any one occurrence may be submitted.
G. Other Permissions: Approval of the state of Minnesota, its subdivisions and agencies including, but not limited to, evidence of having obtained all required permits and licenses.
H. Records: When specifically required by the city, maintain accurate records of site operations. Intake of materials in tons or cubic yards shall be recorded in a manner acceptable to the city and shall include the type of materials extracted and the source of same. These records shall be available at all times for the confidential review and inspection by the city.
I. Other Conditions: Comply with such other requirements of the council as it shall from time to time deem proper and necessary for the protection of the citizens and their general welfare. (1974 Code § 420.05)