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October 22 and November 12, City Council received a complaint on each date from a resident <br />regarding bad odors emanating from the Commercial Asphalt plant located at 14100 Basalt <br />Street NW. Staff was directed to research the history of the conditional use permit and related <br />complaints, and what enforcement capabilities the City has when odors may not exceed PCA <br />pollution limits but may be subject to local nuisance laws. In 1988, the current owner applied to <br />the City for a conditional use permit to operate the asphalt plant. As a part of the conditional use <br />permit process, the Planning Commission conducted a public heating. At the heating, two <br />comments were submitted regarding the concern with the current owners then existing plant in <br />Anoka, and the potential for odor problems at the Ramsey site. The permit'was issued and it was <br />in effect until 1995. In 1995, the City renewed the conditiOnal use permit for the asphalt plant. <br />Again, the Planning Commission conducted a public hearing and there was one comment <br />submitted in opposition to renewing the permit. The Council approved the permit and it was in <br />effect until 2000. In 2000, the City renewed the conditional use permit for the asphalt plant. The <br />Planning Commission conducted the public heating and there was one comment submitted in <br />opposition to renewing the permit. The Council approved the permit and it will be in effect until <br />2005, as long as the conditions imposed are complied with. <br /> <br />Complaint Record Relating to Commercial Asphalt Plant <br /> <br />Year Comment <br />1988 None recorded in case file. Public heating minutes noted odors at existing <br /> site in Anoka. <br />1989 Plant shut down for one day; haulers using wrong haul route. <br />1990 None recorded in case file. <br />1991 Staff received a complaint of operations commencing before 6:00 a.m. Plant <br /> equipment was not started before 6:00 a.m. Front end loaders were started <br /> before 6:00 a.m. so they would be ready to start dumping product into the <br /> mixers at 6:00 a.m. <br />1992 None recorded in case file. <br />1993 None recorded in case file. <br />1994 Complaint received of loud machinery. At the time, the plant had a three <br /> week permit to operate 24 hours a day for a Highway #242 project. <br />1995 None recorded in case file. Complaint of odors received at the permit <br /> renewal public heating. <br />1996 None recorded in case file. <br />1997 None recorded in case file. <br />1998 None recorded in case file. <br />1999 None recorded in case file or at Police Department. <br />2000 None recorded in case file or Police Department. Complaint of odors <br /> received at the permit renewal public heating. <br />2001 None recorded in case file per Police Department. <br />2002 One citizen complaint of bad odors made on August 19, 2002. <br /> One citizen complaint of bad odors made at October 22 Council meeting. <br /> <br />City Council/November 26, 2002 <br /> Page 16 of 23 <br /> <br /> <br />