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Commercial Asphalt Company: Chairman Zimmerman noted that the Commission adopted findings of fact on December 8, 1987 relating to Commercial Asphalt Company's request for a conditional use permit. Ms. Norrris provided the Commission with copies of a proposed conditional use permit which differs from that which was included in the agenda. The Commission proceeded to review the terms contained in the proposed conditional u~e permit. Commissioner Hendriksen referred to items 4 and 5 of the condtional use permit which states that emission and odor will be regulated by MPCA and noted that Pine Bend meets MPCA standards and emits a distinct odor. Gary Sauer of Commercial Asphalt noted that Pine Bend is a refinery producing thousands of chemicals; Commercial Asphalt is an asphalt mixing plant, not a chemical refinery. Commissioner Hendriksen stated that because odor and smoke emissions meet MPCA standards does not necessarily mean the plant is harmonious with what the city deems suitable for habitation near the plant. Gary Sauer noted that there are legal implications for trying to over- regulate standards set by MPCA. Ms. Norris noted that the city has adopted MPCA standards by reference. Commissioner LaDue stated that Commissioner Hendriksen's concerns relate to findings of fact and not to terms being listed in the conditional use permit. Commissioner Hendriksen noted that his concerns were discussed in the findings of fact but he wants the appropriateness of such a plant in any given area addressed. Discussion ensued regarding the January 31, 1995 expiration date proposed in the conditional use permit. Mr. $auer stated that it was at his request that language was included stating that Commercial Asphalt may reapply to avoid a situation where people on future commissions and council will assume the operation was to be complete by 1995. Motion by Commissioner Shumway and seconded by Commissioner Howell to recommend approval of the conditional use permit, amended as follows, for Commercial Asphalt Company to establish and asphalt bituminous plant in the I-1 Industrial District. Item #2 - Add language to indicate that City Council must be notified of any variance from stated hours of operation. Item #12 - Amend to indicate that variances to haul roads and routes will require the approval of the City Administrator or his designated Planning and Zoning Commission/January 5, 1988 Page 3 of 6