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October 26 , 2010 Page 4 of 5 were received within a one month time period, this would require an another inspection. Councilmember Burg suggested an inspection be conducted following one complaint. Councilmember Samuelson questioned what steps are being taken to minimize odors? Mr. 'Murlowski responded that the only problem occurred when the yard waste was unable to be removed due to a broken truck. Councilmember Bauman questioned if the neighbors to the north have expressed concerns? City Planner Gundlach stated that she would not be comfortable answering that question; but did note a letter was attached to the planning report. Councilmember Bauman stated she was in favor of allowing three years for the construction of the berm, in order to allow ample time to complete the project properly. City Attorney LeFevere commented that the site is difficult to see from the outside, and there have been violations on the site in the past, and the performance standards included in the ordinance require continuous inspections, and one annual inspection may not be adequate. Councilmember Phillips stated the City has operated on a complaint driven process, and he is not in favor of unannounced inspections. Councilmember Bauman agreed with Councilmember Phillips, and stated she would hope the applicant would comply with the ordinance. City Planner Gundlach stated the intent of the inspection requirement is to confirm compliance as well as to permit access to the property. City Attorney LeFevere reported that in order to go onto private property permission must be granted, or a search warrant needs to be obtained. Mr. LeFevere also noted there can be violations without a complaint. Motion by Councilmember Phillips, seconded by Councilmember Bauman to approve the resolution making finding of facts and approving Special Use Permit to allow the aggregate crushing and recycling operation in the 11 light industrial district with the 9 conditions , with the following ' amendments: • Amendment to condition number 4 to indicate that frees and plantings would be as specked by MNDM for a 5 to 1 slope, with an emphasis on sumac and other appropriate trees. • Amendment to condition number 5 to state: The berm shall be constructed within 36 months of City Council approval. The applicant shall make yearly progress by completing 33% of the berm in each year following City Council approval. If material is available, the applicant shall use their best efforts to construct the berm in 24 months. • Amendment to condition number 9 for the applicant to allow up to three additional inspections annually subject to complaints. 5 Ayes, 0 Nays, Motion Carried Motion by Councilmember Ph171ips, seconded by Councilmember Burg to approve the resolution approving Yard Waste Transfer in the I1 light industrial district pursuant to the recently adopted ordinance, with the 11 conditions, three to be amended as stated above; respectively. 5 Ayes, 0 Nays, Motion Carried ICommission Liaison Reports, Announcements and Updates Commission Liaison Dean Lotter Ann Reporfs. Anouncements and Absent Uvdates