Minutes - Council - 03/28/2000 - Laserfiche WebLink

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occasions when extended hours of operation have been necessary. In accordance with the terms of their previous CUP, Commercial Asphalt always sought prior approval from the City Administrator for the extended hours of operation and supplied an explanation of why the extension was necessary. Based on records indicating that there have not been any complaints regarding the operations of the asphalt plant, City Staff has always approved the extension of hours for temporary periods of time. City Staff could not find any documented complaints about the operation in the last five years. Commercial Asphalt is permitted by MPCA and they have a current Air Emission Permit. The new CUP for Commercial Asphalt was drafted without an expiration date, which means that the conditional use would be in effect as long as there is compliance with the terms of the permit. The Planning Commission conducted a public hearing on February 1, 2000. One resident was not protesting the reissuance of the CUP, but noted that the odors generated at the plant are sometimes objectionable when the winds are from the northwest. Brent Schlueter of Commercial Asphalt committed to working with the resident on these occasions. The Planning Commission recommended approval of the CUP and the case was presented to the City Council on February 22, 2000. The Council noted current discussions regarding redevelopment of the industrial areas around the asphalt plant and expressed concern with the potential impact the plant could have on future redevelopment. Consequently, there was some reluctance to grant a permit for perpetuity and the president of Commercial Asphalt, Mr. Gary Sauer, stated his willingness to accept another five year permit. Council tabled action. Mayor Gamec inquired if the City Attorney had a chance to review the permit. Councilmember Anderson questioned if the permit can be time limited. City Attorney Goodrich replied that the conditional use permit can be time limited when issued, but the permit cannot be revoked unless the applicant is in violation of the permit even if there is a time limit on the permit. Councilmember Hendriksen inquired if the City Attorney has had discussions with the applicant. City Attorney Goodrich replied yes, explaining that Commercial Asphalt is not willing to apply for an interim use permit, but would agree to a five-year time limit on the conditional use permit. Councilmember Hendriksen inquired if each condition of the permit has been reviewed for compliance. Community Development Director Frolik replied yes. Motion by Councilmember Zimmerman, Resolution #00-03-071 adopting Findings request for a conditional use permit. seconded by Councilmember Connolly, to adopt of Fact #0510 relating to Commercial Asphalt's Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmerman, Connolly, Anderson, and Hendriksen. Voting No: None. City Council/March 28, 2000 Page 5 of 21