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LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 8 any of the areas that they work outside of the project. City Attorney Knaak felt a bond for the City is not needed. Councilman Graves asked about the noise and the odor of the blacktop. Anderson responded that the odor is not repugnent and hasn't had anyone complain about the odor unless you are standing right there. All of the material is contained in tanks and goes out as mixture. As far as noise, the loader and backup alarm would make the most noise. Councilman Johnson stated that the Bergmans have made some concessions by moving the location and changing the driveway around. He was certainly glad that this issue had gone through the public hearing process. The contractor has a contract with a reasonable profit margin built in with a bid award in the amount of $3,751,472. The property owner is being compensated and the residents of Lake Elmo, as a whole, are benefiting by the improved highway. He would like to see the residents in the area be compensated for their inconvenience. For example, a fee attached to each load that is hauled out, the City would collect and disperse money among the neighbors. City Attorney Knaak felt this was imaginative, but highly illegal. This proposes a public fee for private purposes. Pauline Enberg, 5531 Lake Elmo Avenue N., gave a doctors statement to the Council stating that her son has allergies along with asthma and uses an inhaler. It seems that his symptoms get worse by dust and other inhalents and his symptoms could become worse if an asphalt plant is in his neighborhood. Bob Enberg stated he has been able to get away with having his windows open and enjoyed a nice country living style. He has not had to install central air_ conditioning. He feels now he will have drastic changes in his living style. He also voiced a concern on his property value dropping because the asphalt plant is located nearby if he should want to sell. A resident pointed out the issue of variances needed. City Attorney Knaak pointed out that granting variances are not appropriate for a temporary use. M/S/P Moe/Armstrong - to adopt Resolution No. 87-27 granting Richard and Eileen Bergman the temporary conditional use permit to allow operation of an asphalt mix plant by Anderson Brothers Construction Company on a site to be located on the Bergman property for 70 working days starting May 18th, as specified in the resolution granting the permit; subject to the following permit requirements. (Motion carried 4-1<Johnson: the fact that the neighbors cannot be compensated in any way and he wished that somehow this could have been done. He thought the contractor could have planned to put some compensation in his bids that would benefit the neighbors. He also felt the property owner had made concessions and it probably would not be a bad operation>). 1. Berming shall be placed around the diesel and fuel oil tanks and the bermed area shall be lined with a suitable plastic liner per MPCA requirements for bars& containment areas. (bermed)