Minutes - Council - 02/28/1995 - Laserfiche WebLink

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Motion by Councilmember Peterson and seconded by Councilmember Beyer to adopt Resolution g95-02-040 granting final plat approval to Northfork Moors Addition. (Motion includes staking corners.) Motion carried. Voting Yes: Councilmember Peterson, Beyer, Beahen and Zimmerman. Voting No: None. Abstain: Mayor Hardin. Case 97: Request to Renew a Conditional Use Permit for An Asphalt Production Plant; Case of Commercial Asphalt Zoning Administrator Frolik stated that on July 12, 1988, the City of Ramsey issued a conditional use permit to Commercial Asphalt to establish and operate a hot mix asphalt plant south of County Road #116, east of Basalt Street and north of the Burlington Northern Railroad tracks. She explained that their conditional use permit expired on January 31, 1995, and Commercial Asphalt has submitted an application for a new permit. There are no changes proposed to plant operations and hours of operation and amount of truck traffic is estimated to remain the same as it has been since 1988. She added that Commercial Asphalt is permitted by MPCA and their current General Air Emission Permit expires on January 25, 1998. The Planning Commission conducted a public hearing on February 7, 1995, and there was one citizen that submitted comments regarding bad odors emitted by the asphalt plant. Ms. Frolik assured Council that no other complaints have been received. Motion by Councilmember Peterson and seconded by Councilmember Beahen to adopt Resolution g95-02-041 adopting Findings of Fact g0372 relating to Commercial Asphalt's request for a conditional use permit for a hot mix asphalt plant. Motion carried. Voting Yes: Mayor Hardin, Councilmembers Peterson, Beahen, Beyer and Zimmerman. Voting No: None. Ms. Frolik stated that based upon discussion with City Attorney Goodrich and Mr. Schlueter of Commercial Asphalt, some modifications have been made to the CUP. They are as follows: Amend g9 to read: That the Permit Holder recognizes the City seeks to gain a utility easement, which the Permit Holder has been made aware the City will require during 1995. The contemplated easement would consist of a 120-foot wide temporary construction easement and a 50-foot wide permanent easement generally located along the south boundary of the site. Said easement will not be unreasonably withheld by the Permit Holder. Number 14 should read: This Conditional Use Permit shall be in effect until March 1, 2000, unless previously revoked by the City. Number 20 shall be amended to read: That the violation of any of the material terms of this permit is grounds for suspension or revocation hereof consistent with applicable law. Furthermore, the City specifically reserves the right to amend, suspend, or revoke this Permit consistent with applicable law as reasonably required to protect the public health, safety and welfare and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, consistent with applicable law, if the City Council reasonably determines that continued operation of the facility places the public health, safety or welfare or the environment in jeopardy or creates a public nuisance due to odors, litter, debris or other nuisance factors. Motion by Councilmember Peterson and seconded by Councilmember Beahen to approve the issuance of a conditional use permit to Commercial Asphalt for a hot mix asphalt plant and adopt Resolution g95-02-042 declaring terms of same. City Council/February 28, 1995 Page 6 of 14