Agenda - Council - 11/26/2002 - Laserfiche WebLink

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-272- Commissioner Hendriksen asked if Mr. Schleuter was suggesting that this plant does not have an odor problem at all times. He stated that when he drives down Highway #10 he always smells the plant's odor; therefore it is obvious that the plant smells at all times and it just depends on which way the wind is blowing as to who gets to smell it. Mr. Schleuter stated that according to Zoning Administrator Frolik the City. has never received complaints. He affn'rned that if there are complaints, they would like to hear them so that they can be addressed. Commissioner Hendriksen stated he believes that the applicant doesn't have the right to force people to smell that odor in order for them to make a profit. Commissioner LaDue objected to this discussion, stating that Commissioner Hendriksen is out of order and appears to be prosecuting the applicant. Chairperson Bawden and Commissioner Deemer agreed with Commissioner LaDue's assessment. Chairperson Bawden.recounted that neither the City nor the company has received any complaints. If Commissioner Hendriksen has complaints, he should cai1 the City and follow proper procedure. Commissioner Hendriksen explained that he was objecting to the fact that Mr. Schleuter states that the odor is an occasional occurrence. Commissioner La.Due summarized that Mr. Schleuter is not trying to "pull the wool over our eyes" and he has addressed the problem tonight. Comm/ssioner Deemer commented that the odor from that area (near Highway #10) is not just coming from this plant. The Planning Commission proceeded to review the Findings of Fact. Consensus of the Planning Commission was to accept #1 through #8 as presented. Motion by Commissioner Deemer and seconded by Commissioner LaDue to amend #9 to read "That the City has previously issued other conditional use permits for heavy industrial uses in the Business Warehouse District." Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, LaDue, Hendriksen, Terry, and Thorud. Voting No: None. Absent: Commissioner Holland. Consensus of the Planning Commission was to accept #10 through #14 as presented. Motion by Commissioner Deemer and seconded by Commissioner Terry to amend #t5 to read "That the plant will continue to receive access to County Roads #116 and #57 via a 30 foot wide connection between the site and Basalt Street N.W. which is owned by Tiller Corporation, a parent company of Commercial Asphalt." Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, Terry, Hendriksen, LaDue, and Thorud. Voting No: None. Absent: Commissioner Holland. With reference to #16, Ms. Frolik discussed the procedure used in the past when there is a need for the extension of hours of operation. Consensus of the Planning Commission was to accept #16 and #17 as presented. Planning Commission/February 7, 1995 Page 6 of 11 I I I I I I I I I I I I I I I I I I I