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Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Elvig, Jeffrey, Olson, <br />Pearson, and Strommen. Voting No: None. <br /> <br />Case #4: <br /> <br />Request to Renew a Conditional Use Permit for an Asphalt Production <br />Plant; Case of Commercial Asphalt <br /> <br />Assistant Community Development Director/HRA Executive Director Frolik stated since July of <br />1988 Commercial Asphalt has operated in'the City under a conditional use permit. The most <br />recent Conditional Use Permit expired in March of this year. Commercial Asphalt has submitted <br />another request to renew the conditional use permit. She advised during the past five years of <br />operation, there have been occasions when extended hours of operation have been necessary. In <br />acctn'dance with the terms of the previouS conditional use permit, Commercial Asphalt always <br />sought prior approval from the City Administrator for the extended hours of operation and <br />supplied an explanation of why the extension was necessary. Commercial Asphalt is permitted <br />by MPCA and they have a current Air Emission Permit. Ms. Frolik explained during the past <br />five-year term of the permit, staff did receive complaints regarding odorous emissions from the <br />plant. These complaints were generated by a resident living near the plant. In addition, the City <br />Public Works staff monitored the odors daily. Each complaint was forwarded to the applicants <br />m~d every effort was made to address the issues. NO complaints have been received during the <br />2005 season. <br /> <br />Ms. Frulik advised the applicants are proposing to install some site improvements on the <br />property. They plan to pave the product production and loading area, truck lanes, and customer <br />and employee parking area. The outer perimeter of the pavement parallel to 141~t Avenue and <br />along their east property line is proposed to be finished with concrete curbing. However, the <br />interior edges of the bituminous are not proposed to be curbed. The applicants have stated that <br />the curbing of interior edges of biturninous would hamper stockpiling and truck maneuvering <br />activity. The paving plan was reviewed and approved by the Lower Rum River Water <br />Management Organization (LRRWMO) in 2004. Ms. Frolik advised the Grading, Drainage and <br />Paving Plan also shows the installation of a three-foot high berm parallel to 141~t Avenue NW <br />flint will be established with turf and approximately 25 trees, Every attempt has been made to <br />comply with the City Code requirement for 20 feet of greenspace adjacent to public roads on <br />141~t Avenue. However, existing plant structures prohibit compliance .with this requirement on <br />the northeast comer of the site. Staff is recommending approval of the Grading, Drainage, and <br />Paving Plan and the Landscaping Plan as proposed. She advised the Planning Commission <br />conducted a public hearing regarding the request for another five-year permit. There were no <br />written or verbal comments submitted at the hearing. The Planning Commission has <br />recommended approval of the permit request. <br /> <br />Councilmember Elvig questioned if it is certain that the grading is sufficient to capture any <br />leaking on this site. <br /> <br />Assistant Public Works Director Olson replied there will be a retention plan on this site and the <br />plan was reviewed by the LRRWMO. <br /> <br />City Council / August 23, 2005 <br /> Page 7 of 28 <br /> <br />P23 <br /> <br /> <br />