Laserfiche WebLink
<br />~ <br />f <br />I <br />, <br />, <br />! <br /> <br />~ <br /> <br />~ <br /> <br />---- <br /> <br />The Board then proceeded with old business, Arvin Hopkins gravel <br /> <br />operation contract was the first item on the agenda. Mr. Hopkins was <br /> <br />present with his attorney, Dave Lawson. Burce Smitherman was also present. <br /> <br />The Board discussed any changes with Attorney Currens advising the Board <br /> <br />that he felt page 3, paragraph (b) needed to be defined more accurately as <br /> <br />to what needed to be done as to returning the land to a residential use after <br /> <br />it has been mined and how that is to be defined. In particular the term <br /> <br />"mined out" needed to be clarified. Attorney Currens advised that it was <br /> <br />hard to define all problems which could happen in this type of contract and <br /> <br />it is imperative that those we are aware of at this time be taken care of. <br /> <br />For that reason he thought that this part of the contract was important since <br /> <br />it could take many years to totally mine out the area and terminate the contract. <br /> <br />Since there was no exact termination of the contract the only reasonable way to <br /> <br />protect the adjoining property owners was to define when the property which has <br /> <br />been mined shall be restored to the residential use as set out in the contract. <br /> <br />The suggestion was made by Wendell Thaler to define "mined out" as when it is <br /> <br />no longer commercially reasonable to mine the property due to economics. The <br /> <br />Board concluded that the attorney should redefine this part of the contract <br /> <br />and Steve Edwards made a motion to continue the public hearing until the February <br /> <br />meeting. This was seconded by Bud Swisher and unanimously carried. The next <br /> <br />item on the agenda regarded Ray Hatmaker. Attorney Currens advised that he <br /> <br />had not claimed the certified letter and that this matter should be continued <br /> <br />until the next meeting. <br /> <br />The Graybill property and the unsafe building ordinance violation was <br /> <br />then discussed. Attorney Currens advised that Building Inspector Beikman had <br /> <br />executed the unsafe building notice of hearing which will be held in February. <br /> <br />-2- <br />