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tkiver <br /> <br />13065 Orono Parkway <br />Elk River, MN 55330 <br /> <br />TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />INFORMATION <br /> <br />Memorandum <br /> <br /> MAYOR AND CITY COUNCIL <br /> <br /> STEPHEN ROHLF, BUILDING AND <br /> ZONING ADMINISTRATOR <br /> <br /> APRIL 30, 2001 <br /> <br />SUBJECT: <br /> <br />COMMERCIAL ASPHALT LOCATED <br />IN NORTHWEST CORNER OF THE <br />INTERSECTION OF US TRUNK <br />HIGHWAY 169 AND 221sT AVENUE <br /> <br />Staff has had numerous discussions with Ernest Toth regarding Commercial Asphalt's <br />(Tiller Corporation) hot mix plant. All of these discussions were after this operation was <br />approved through the city's conditional use permit process and built. Staff offers the <br />following responses to Mr. Toth's comments: <br /> <br />MAP: Mr. Toth indicated to staff that the map he received showed the proposed batch <br />plant in the southwest corner of Tiller's site. He stated that he would have objected to the <br />operation during conditional use permit process, if he had known the plant was being <br />proposed in the southeast corner of the site. Attached is the only version of the map <br />for the operation that staff used. It is conceivable that a passing glance at this map <br />could lead you to believe the plant was proposed in the southwest corner of the site, north <br />is not oriented to the top of the map. <br /> <br />PULIC HEARING NOTICE: Mr. Toth indicated that he had planned on attending the <br />City Council meeting to raise con. cerns regarding this issue, but that he only received <br />notification of the Planning Commission meeting and not of the City Council meeting. <br />Attached is the public hearing notice that was sent regarding Tiller's operation and <br />a list of adjacent property owners that received it. Mr. Toth is on this list. You will <br />note on the public hearing notice that the second sentence notices the time and place of <br />the Council public hearing. <br /> <br />BERM AND TREES: Tiller's conditional use permit (attached) requires a minimum <br />of a four foot high berm be placed between their operation and Highway 169, toward the <br />direction of Mr. Toth's property. This berm is in place, but is approximately twice as <br />high as required. Through their conditional use permit, Tiller is also required to plant <br />three rows of evergreens on top of the berm. To make planting the grasses easier, staff <br />allowed Tiller to establish vegetation on the berm prior to planting the trees. Having the <br />grass established first also helps hold the moisture for the newly transplanted trees, which <br />are always hard to make survive on top of a berm. When Tiller took part in the <br />realignment of 221st Ave., their berms had to be disturbed. They have reestablished the <br /> <br />Phone: 763.441.7420 <br />Fax: 763.441,7425 <br /> <br />www. ci.elk- river, mn.us <br /> <br /> <br />