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• Rail cars shall not be stored on the 1000' rail siding for more than 110 days per calendar year and <br />materials stored within the cars shall be limited to black dirt, bituminous, concrete, and other processed <br />aggregates associated within the aggregate crushing /recycling and associated materials storage and <br />excavation (Belair Excavating) uses at 2200 Old Highway 8 NW. The applicant shall keep a log of <br />days, including loading and unloading times, which shall be made available for review during the annual <br />inspection. <br />• The Ordinance does not include the [bracketed- shaded] language proposed by the applicant. <br />• The approximate 130' x 656' segment of expansion property within the ECOA extending west from Old <br />Highway 8 NW to the applicant's proposed 8' vegetated berm (at the east end of the "Belair <br />Construction Equipment & Supply Storage" area) shall be preserved in a natural condition to provide an <br />adequate buffer between Old Highway 8 NW and the pile and equipment storage areas. <br />• The berm located at the east boundary of the `Belair Construction Equipment & Supply Storage" area <br />depicted on the Site Plan shall be at least 8' in height and be vegetated (not constructed of rubble). <br />• The applicant enters into an Encroachment Agreement concerning the storm sewer that runs across a <br />portion of their property. <br />• The dust mitigation efforts discussed in relation to the 2010 approvals, via Resolutions 10 -068 and 10- <br />069, are extended to the 17 acre expansion property. <br />• The remnant dry /sand gravel prairie recognized by the Mn DNR and identified on site by Ramsey <br />County in a letter dated August 19, 2014 is preserved. <br />• The Sound Mitigation Plan originally approved in 2010, then amended in May -2014, shall apply to <br />operations on the 17 acre expansion property. <br />Staff recommends denial of the following: <br />Inclusion of the Road Salt Storage and Transfer Facility use within the ECOA. <br />Regulating pile storage based on 30% of the total land area, resulting in 11 acres of pile storage. <br />Commissioner McPherson asked if the City was able to restrict the number of days that rail cars could be <br />parked onsite. City Attorney LeFevere advised that the development agreement between the City and the <br />applicant would have the applicant waiving their Federal rights regarding this issue. He reviewed the language <br />within the agreement in detail with the Commission noting the stipulations would run with the land and not the <br />applicant. <br />Commissioner McPherson questioned why staff opposed the proposed salt storage. Planning Director Gundlach <br />explained this was a sensitive area that lacked proper screening. She indicated that the applicant had an intense <br />use on its property and would not recommend further expansion. She was concerned with how to put an end to <br />the number of uses and piles on the property. <br />Commissioner McPherson inquired if the applicant has contacted the watershed district for comment or <br />direction on how to manage the proposed salt storage. Planning Director Gundlach deferred this question to the <br />applicant. She understood that the applicant had a watershed district for their current operation, but was not <br />aware of if the watershed district was aware of the proposed expansion. She reported that Belair has a small <br />amount of salt already being stored on the site for use on site. Staff did not oppose to this small amount of salt <br />being onsite, but rather, the commercial sale and storage of salt. City Attorney LeFevere explained that staff <br />was unaware of how the site would be impacted if salt sales were allowed through rail shipments. <br />Commissioner Danger asked if staff opposed the 100 x 100 foot building or the proposed salt storage. Planning <br />Director Gundlach commented that staff opposed the addition of a 100 x 100 foot building, as this would create <br />a new use on the site. She indicated the applicant was proposing 30% of the total area would be used for salt <br />storage. <br />6 <br />