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2 Not Approved The proposed requests consist of a 17-acre expansion of Belair Excavating’s operations. Of those 17 acres, certain portions are slated for storage of piled material, storage of equipment, and infiltration features required by the Rice Creek Watershed District (see proposed Site Plan). This 17-acre expansion of the current 20-acre site, results in a 37-acre operation by Belair Excavating. Previous plans illustrated more property to be included in the expansion. Over the course of several months it was determined that MPI didn’t own one parcel (rather Ramsey County Parks does) and the other parcel is via easement and not fee title. Staff is concerned that the easement, as written, doesn’t provide them legal ability to expand operations, thus, that parcel has been removed from the expansion plans as well. The applicant always has the ability to come back to the City at a later date when the ownership situation changes, but for now this parcel (the most southerly 100’) has not been included in the expansion request. Also worthy to note, the applicant’s plans include a major grading effort on the expansion land and construction of four infiltration basins. Much of the land acquired by MPI for their expansion was used as a landfill and the applicant is being required by the Minnesota Pollution Control Agency to remediate the environmental issues by installing a clean cover cap. The applicant has devised a grading plan, which has already been reviewed and approved by the Rice Creek Watershed District. Prior to the applicant moving their operations onto the expansion land, the landfill cap/grading project will take place. In fact, the applicant has already begun this process, but was halted prior to finishing due to the weather. This effort will involve numerous truck trips, equipment activity, and associated noise, but this will be temporary. Also, all existing trees in this area have been removed in preparation of the grading project. The grading plan accommodates two primary purposes: 1) creating usable area for pile storage of processed and unprocessed aggregate concrete, bituminous and black dirt, and 2) provides the required 4’ minimum clean cover cap on the former landfill. Assistant Director of Community Assets & Development/Planning Director Gundlach reported that the applicant submitted additional information to staff late on Friday, January 16th. She briefly reviewed the new site plan with the Commission and explained that in light of this recent development, staff recommended that the Commission take comment from the public and table action on this item to the February Planning Commission meeting. Dan Knuth, 1106 Rockstone Lane, explained he would hold his final comments until all information was presented by staff at the February Planning Commission meeting. Charles Schlater, 1419 Rockstone Lane, indicated he lived near Belair Excavating and he had concerns with the amount of noise that would be generated from the expanded site. Mike Murlowski, Belair Excavating, thanked staff for their patience and for working with him on his request. He reported the expansion would not be anything new, but rather would allow for better rail access. He stated there would be no new crushing activity. Jim Yarosh, attorney for the Murlowski Properties, reviewed the environmental permits that Belair Excavating has received for its stockpiles. He reported that he and his client supported the continuation of this request. Mr. Knuth stated he walked the rear property line of the subject property today. He recommended that the fencing along the rear property line be looked at and that staff discuss how the adjacent wetlands would be impacted by the user. Commissioner Danger asked if Rice Creek Watershed had been made aware of the changes to the site plan. Assistant Director of Community Assets & Development/Planning Director Gundlach reported the applicant has secured a permit from Rice Creek Watershed for their most recent grading plan. Mr. Murlowski discussed the four infiltration basins planned for the site and noted a large portion of the acquired property was landfill. He stated that he would be capping the landfill at his expense, which would improve the site overall.