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Planning Commission Meeting Minutes -Wednesday, November 07, 2007 Page 8 access; and questioned the viability of the project if that condition were included, and opined that the City could not be justified in such a requirement. Commissioner Doherty respectfully disagreed with Commissioner Boerigter, opining that if this restaurant use was successful, it would further increase negative traffic issues on County Road B. Commissioner Doherty further opined that drivers would continue to make u-turns illegally. Commissioner Boerigter suggested that the u-turn issue was a safety issue, and needed more monitoring and enforcement by the Police Department; and questioned the actual impact of the proposed use on overall traffic on County Road B. Commissioner Gottfried concurred with Commissioner Doherty, while recognizing the applicant's concerns with existing lease agreements; however, opined that the right-in only was a good compromise, and addressed the traffic flow issues. Commissioner Gottfried further opined that the Planning Commission would not be doing their jobs if they glossed over this opportunity to address the traffic flow. Chair Bakeman noted that leases could be revised going forward. Commissioner Martin concurred that it was a public safety issue that could be addressed by increased Police Department controls. Mr. Paschke advised that the Police Department had stepped up patrols in that area. Mr. Paschke further advised that staff concurred with Commissioner Boerigter in some respects; however, noted that staff had to look at life, safety, and general health and welfare issues, and this proposed project provided an opportunity to address some of those concerns. Mr. Paschke enthusiastically agreed that the project was a good one, and expressed staff's interest in working with Har Mar owners; however, staff could not address the owner's issues with onerous lease agreements, but had to guard the best interests of the City and citizens by recommending closure of the right turn-out going east to eliminate an ongoing traffic safety issue. MOTION TO AMEND Member Bakeman moved, seconded by Member Wozniak to AMEND THE ORGINAL MOTION that the existing right-in/right-out access located along County Road B, approximately three hundred feet (300') east of Snelling Avenue, be changed to a right-in only. Ayes: 6 Nays: 1 (Boerigter) Motion carried. Commissioners discussed other potential amendments, based on tonight's discussion, and amended plans as presented at the meeting, and superseding those provided in the staff report dated November 7, 2007. Those amendments were related to traffic conditions in Section 6.7 of the staff report (page 5 of 12). Mr. Paschke suggested that the Commission apply conditions in 6.7 as modified, and in a general sense, to allow staff further review and additional modifications specific to those conditions. MOTION TO AMEND Member Wozniak moved, seconded by Member Bakeman to AMEND THE ORGINAL MOTION to add a condition that the applicant conduct soil testing of the former Firestone site to determine whether any contamination exists in the soil and to remediate to applicable standards. Mr. Paschke advised that the State monitored environmental conditions, and that the information would be provided to the City as part of the Building Permit process. Commissioner Boerigter spoke against the motion; opining that it was an MPCA issue, not a City of Roseville requirement.