Agenda - Council - 03/28/1995 - Laserfiche WebLink

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Moron by Councilmember Paterson and seconded by Councilmember Bayer to adopt Res61ution ~)5-02-040 granting final plat approval to Northfork Moors Addition. (Motion inctfides staking corners.) Motion carried. Voting Yes: Councilmember Paterson, Bayer, Beahen and Zimmerman. VotingNo: None. Abstain: Mayor Hardin. CaSe FT: Request to Renew a Conditional Use Permit for An Asphalt Production Plant; Case of Commerclal Asphalt Zofiing Administrator Frolik stated that on July 12, 1988, the City of Ramsay issued a conditional use permit to Commercial Asphalt to establish and operate a hot mix asphalt pla~t south of County Road #116, east of Basalt Street and north of the Burlington Northern Raikoad 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 ara no changes proposed to plant operations and hours of operation and amount of u'uck traffic is estimated to remain the same as it has been since 1988. She added that Cc/mmercial Asphalt is permitted by MPCA and their current General Air Emission Permit ex~ires on January 25, I998. 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 bO~n received. Motion by Councilmember Paterson and seconded by Councilmember Beahen to adopt R~solution #95-02-041 adopting Findings of Fact ~0372 relating to Commercial Asphalt's request for a conditional use permit for a hot mix asphalt plant. Motion carried. Voting Yes: Mayor Hardin, Councilmembers Paterson, Beahen, Bayer a~d Zimmerman. Voting No: None. Ns. 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 ~e as follows: Amend ~ to read: That the Permit Holder recognizes the City seeks to ~in 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 ~buth boundary of the site. Said easement will not be unreasonably withheld by the Permit molder. Number 14 should read: This Conditional Use Permit shall be in effect until ~arch 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 ~uspension or revocation hereof consistent with applicable law. Furthermore, the City ~pecifically reserves the fight to amend, suspend, or revoke this Permit consistent with ~pplicable law as reasonably required to protect the public health, safety and welfare and ~he environment. Specifically, but without limiting the foregoing, the City may amend, ~uspand, or revoke this Permit, consistent with applicable law, if the City Council ireasonably determines that continued operation of the facility places the public health, ~afety or welfare or the environment in jeopardy or creates a public nuisance due to odors, ~!ittar, debris or other nuisance factors. ~Motion by Councilmember Paterson and seconded by Councilmember Beahcn to approve ~the issuance of a conditional use permit to Commercial Asphalt for a hot mix asphalt plant ~and adopt Resolution ~-95-02-042 declaring terms of same. City Council/February 28, 1995 Page 6 of 14 I I I I I I I I I I I I I I I I I I