09-14-2006 PC MIN - Laserfiche WebLink

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Planning Commission Minutes September 14, 2006 Page 7 control dust. He felt that if the applicant was willing to include a sunset date, it should be included, if approved by the City Attorney. Commissioner Anderson agreed that since it is a gravel district, the City would want it to be mined. He did not feel an asphalt plant is unusual and that the gravel mining should continue to run its course. He stated that they already have one plant in the area, and the odor is what it is, and it would be difficult to distinguish where the odor is coming from. He felt the City needs to be consistent with the Tiller operation by requiring paving of the entrance road and making the necessary road improvements to handle the truck traffic. He did not see any reason to deny the request. Commissioner Anderson stated the most important issues are traffic and safety concerns. He felt the risks have increased in relation to the risk in increased traffic on Highway 169 coming from the north. He felt there clearly was a need for a southbound acceleration lane and that an acceleration lane to the north should be looked at, as well as deceleration lanes. He did not feel it would be possible to limit the number of trips. He stated that improvements to the intersection are needed to accommodate the longer belly-dump trucks, and that the power pole needs to be relocated to allow right turning movements. He stated he was comfortable with the applicant making some of improvements in 2006 and the rest in 2007. Commissioner Anderson stated that the City needs to communicate with MnDOT through the City Engineer to address these issues. He felt they have a unique situation compared to the 2215 Avenue operation, because of the proximity to the landfill. Mr. Quade questioned if there was some mechanism to get the landfill to participate in any improvements to the intersection. Commissioner Ropp stated he agreed with Commissioner Anderson's comments. He felt that it was clear from the photographs provided by Ms. Schulze that the median is not wide enough. He stated he was in favor of recommending approval of the request. Commissioner Offerman suggested language be revised in Section 10(c) to state that any required improvements to the highway intersection must be completed to address safety concerns. He also suggested a sunset date of 15 years be included in Section 3(01), and the language "and as long as a minimum of 30 percent of the material for the asphalt plant be derived from on-site materials." Commissioner Stevens questioned if the 30 percent minimum would be enforceable. Commissioner Offerman stated that they need to state how much they are going to mine in their mining license. Commissioner stated that if the mining minimum was not met, the asphalt portion of their conditional use permit would be revoked. He asked if the life of the asphalt plant were tied to an event, rather than a date, would it end sooner? Mr. Quade stated it could. Ms. Haug stated that along with their annual mineral excavation license, they are required to submit an acreage plan to reclaim the area to be mined. Commissioner Westgaard favored leaving the language as it was, which states the asphalt plant is contingent upon the mining. Chair Lemke asked how they could determine if this was fair. Commissioner Westgaard questioned if Tiller came in for a separate permit for the asphalt plant. Ms. Haug stated that Tiller's permit is also tied to the mineral excavation. Ms. She noted that Tiller's permit is permanent, and Bauerly Brothers is requesting a temporary asphalt plant operation. Commissioner Offerman stated he also felt they need to look at what is planned for the future 2 '/z acre residential zoning.