1988.06.22 PC Minutes - Laserfiche WebLink

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P.C. Minutes - 6-22-88 Page 2 operating on site, said plant is licensed by the state of Minnesota for the operator of the plant. During the last 2 years the licensed operator has been Anderson Bros. Construction Co. of Brainerd, Minnesota. It would appear from legal descriptions and site plans submitted on earlier occasions that the overall tract of land being mined and permitted by the City consists of approximately 80 acres. The application before the Planning Commission expands the scope of the mining operation by an additional 40 acres described as the northeast 1/4 of the southeast 1/4 of Section 22, T31N, R21W. The staff would recommend the following conditions be part of any special use permit: 1. No illegal or unpermitted dumping may be permitted on site unless allowed by city ordinance or permitted within the scope of the mining permit. 2. All unlicensed and inoperable vehicles are to be removed from the site by June 1, 1989. With regard to the additional 40 acres included in this application this parcel would have to be included in this special use permit for Mr. Elmer Hansen and be a part of the mining permit applied for by Mr. Richard Schuh. In light of the residential development that has occurred on the eastern 1/2 of Section 22 the staff suggested that the Planning Commission consider very carefully Mr. Schuh's request to expand the scope of his mining operation up to the residential area to the east. Chairman Senkler requested comments from the public on this issue. Area residents concerns included the following; 1. Ground water contamination from potential spills at the site. 2. Additional traffic on the haul route and the safety of area residents. 3. Who pays for road repairs when necessary? 4. The city may be eliminating the rights of the business operator by virtue of the additional development allowed on County Rd. 8A. The planning commission was concerned that the proposed additional 40 acres would abutt a highly populated area. Ms. Barnes questioned whether any govermental agency took a serious interest in the activity at the gravel pit regarding noise and ground water pollution. Administrator Huber stated that the MPCA licenses and regulates all asphalt manufacturing operations within the state and we rely on their ability to inspect and identify any problems that might occur. The commissioners suggested that the pit operator invest in studies to determine or verify that the operation is not contaminating the water or exceeding acceptable noise levels. Chuck Henry agreed the issue was that the gravel pit was attempting to encroach on area residents. Motion made by Senkler, seconded by Henry to recommend denial of the application by Elmer Hansen and Andrew Goiffon for an amended special use permit to allow for the expansion of the gravel pit operation from 80 acres to 120 acres as previously described for the following reasons;