Minutes - Planning Commission - 07/12/2001

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at 4 trips per cement truck (4 trucks) with two trips per week for support vehicles bringing in bulk materials. Citizen Input Commissioner Johnson inquired if the applicant had reviewed the proposed permit. David Ballard replied yes. Commissioner Johnson inquired if the applicant was comfortable with the conditions. Mr. Ballard expressed concern over conditions 4,5,6,7,8,11 and 18. He explained that the property owner will not allow him to cover the area of operation and driveway with class-5 gravel base and construct a 6 foot fence. Item #7 prohibits him from using City streets, which would prohibit him from hauling to potential customers and it is not a restriction placed on other businesses. Item #8 requires him to provide the City with a map identifying haul routes, but in his situation he would be operating a for hire business and he will have no idea who will want his services. Item #11 requires him to provide a $10,000 financial guarantee for potential clean-up of the site. That would place a financial burden on his business. He stated that he is leasing the property and the property owner would not allow him to leave the property a mess. The minimum escrow requirement of $2,000 in #18 he felt was excessive. Community Development Intern Kielblock replied that items item #4 and #5 were recommended by the Fire Chief and Building Inspector. If the occasion should rise that fire would break out in the plant, the Fire Department would need firm ground to work on. The fence requirement is a standard requirement, especially with the operation of equipment that woUld be open to any passer by. Item #7 was included as a safety issue because staff does not want dirt clumps building up on the road. Both items #7 and #8 were included in the conditional use permit for Commercial Asphalt in 2000. Community Development Director Frolik stated that items #7 and #8 may not be enforceable in this case. In regards to the $10,000 financial guarantee, the use may be covered under Mr. Bauer's Conditional Use Permit and an additional surety from Mr. Ballard may not be necessary. City Engineer Jankowski stated that he was not sure that the City could use Mr. Bauer's surety to move Mr. Ballard's equipment. Commissioner Reeve requested that staff resolve the surety issue before forwarding the case to the City Council. Chairperson Nixt explained that item #18 was a standard condition in a conditional use permit. Commissioner Johnson inquired as to how long of a driveway they were referring to in item #4. Planning Commission/July 12, 2001 Page 3 of 23