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Commissioner Hendriksen asked if Mr. Schleuter was suggesting that this plant does not have an <br />odor problem at all times. He stated that when he drives down Highway gl0 he always smells the <br />plant's odor; therefore it is obvious that the plant smells at all times and it just depends on which <br />way the wind is blowing as to who gets to smell it. <br /> <br />Mr. Schleuter stated that according to Zoning Administrator Frolik the City has never received <br />complaints. He afl'tuned that if there are complaints, they would like to hear them so that they can <br />be addressed. <br /> <br />Commissioner Hendriksen stated he believes that the applicant doesn't have the right to force <br />people to smell that odor in order for them to make a profit. <br /> <br />Commissioner LaDue objected to this discussion, stating that Commissioner Hendriksen is out of <br />order and appears to be prosecuting the applicant. <br /> <br />Chairperson Bawden and Commissioner Deemer agreed with Commissioner LaDue's assessment. <br />Chairperson Bawden recounted that neither the City nor the company has received any complaints. <br />If Commissioner Hendriksen has complaints, he should call the City and follow proper procedure. <br /> <br />Commissioner Hendriksen explained that he was objecting to the fact that Mr. Schleuter states that <br />the odor is an occasional occurrence. <br /> <br />Commissioner LaDue summarized that Mr. Schleuter is not trying to "pull the wool over our eyes" <br />and he has addressed the problem tonight. <br /> <br />Commissioner Deemer commented that the odor from that area (near Highway gl0) is not just <br />coming from this plant. <br /> <br />The Planning Commission proceeded to review the Findings of Fact. <br /> <br />Consensus of the Planning Commission was to accept gl through #8 as presented. <br /> <br />Motion by Commissioner Deemer and seconded by Commissioner LaDue to amend//9 to read <br />"That the City has previously issued other conditional use permits for heavy industrial uses in the <br />Business Warehouse District." <br /> <br />Motion carded. Voting Yes: Chairperson Bawden, Commissioners Deemer, LaDue, Hendriksen, <br />Terry, and Thomd. Voting No: None. Absent: Commissioner Holland. <br /> <br />Consensus of the Planning Commission was to accept gl0 through #14 as presented. <br /> <br />Motion by Commissioner Deemer and seconded by Commissioner Terry to amend #15 to read <br />"That the plant will continue to receive access to County Roads gl 16 and #57 via a 30 foot wide <br />connection between the site and Basalt Street N.W. which is owned by Tiller Corporation, a parent <br />company of Commercial Asphalt." <br /> <br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, Terry, Hendriksen, <br />LaDue, and Thom& Voting No: None. Absent: Commissioner Holland. <br /> <br />With reference to #16, Ms. Frolik discussed the procedure used in the past when there is a need for <br />the extension of hours of operation. <br /> <br />Consensus of the Planning Commission was to accept #16 and #17 as presented. <br /> <br />Planning Commission/February 7, 1995 <br /> Page 6 of 11 <br /> <br /> <br />