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Planning Commission Minutes September 14, 2006 Page 4 "advisable", and if some clear direction would be provided from MnDOT as to the need for acceleration lanes and improvements to the 225t~ Avenue/Highway 169 intersection. Ms. Haug stated that more specific language will be added to the conditional use permit when it is known. Mr. Barnhart noted that since it is unknown what those specific conditions will be, Section 10(c.) was written to cover any improvements deemed necessary by MnDOT. Chair Lemke felt that limiting the number of trucks to 35 was meaningless, since they have no idea how many trips would be made on any given day. He asked how it would be determined that Section 10(c.) was met, regarding MnDOT requirements. Ms. Haug stated that City staff and the City Engineer will be working with MnDOT on this issue. Mr. Barnhart stated that Bauerly Brothers' approval is based on them completing this condition, and if they did not agree to the requirements, they would need to come back and request an amendment to their conditional use permit. Mr. Barnhart suggested language be added to Section 3.) (01) "the hot mix asphalt plant shall be permitted as long as mineral excavation is licensed." Commissioner Offerman stated he was concerned with tying it to the licensing. Ms. Haug stated that the licensing is based on usage. Commissioner Offerman stated he would be more comfortable with a "sunset" date, or some other wording than licensing. Mr. Barnhart stated that the user is allowed to mine indefinitely and that an asphalt plant seems to go hand-in-hand with the mining operation. He stated that there may be some point in time when the asphalt plant is less appropriate, but that mining still is, and they would not want to end the mining. He explained that the mining use was approved some time ago and should be allowed to continue. He stated that if City Council could deems the asphalt plant is inappropriate, the mining could continue. He stated that the asphalt plant will help to speed up the mining process, and the land can be reclaimed sooner. Commissioner Westgaard asked at what point does mining become a secondary use? Mr. Barnhart stated that the mining is the primary use and that the asphalt plant is tied to mining, not the reverse. Commissioner Stevens asked what would happen if the applicant and MnDOT could not agree on the improvements. Mr. Barnhart stated that we first need to find out what the requirements are, and if they are made a condition of approval, they should be enforced. Ms. Haug stated that she could provide an update to the Planning Commission on the MnDOT's requirements. Chair Lemke opened the public hearing. Jeff Lawson, 22715 Baldwin Street -Questioned what the life of the gravel pit would be, since the applicant has stated they will be hauling material into the pit. He also questioned how the mining could be monitored, since a crusher can be moved from one pit to another. He stated that a majority of the trucks leaving the subject site travel south and there is no acceleration lane going south. He stated he has witnessed the watering truck pulling out in front of traffic. He stated that if something is not done, there will be fatalities. In addition, the land fill is directly across from the subject site and adds to the congestion. He noted that the 221St Avenue operation has full acceleration and deceleration lanes. He asked that the Planning Commission take these issues into consideration in making their recommendation.