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. . " . Minutes of the Regular Council Meeting, January 11,1988 Page 3 KEM MILLING (Contld) Johnson advised that the MPCA may request the computer modeling, however, Kem Milling may not agree with the request; he noted that MPCA cannot arbitrarily set conditions. Councilmember Hansen favored the Attorney drafting an Ordinance that would encompass reasonable requirements and include MPCA guidelines, a method of enforcement, and a clearly defined method of testing. Mr. Freed, member of the clean air committee, expressed concern that passing an Ordinance may be agreeing to having the plant forever; he pointed out that the plant operation is a non conforming use, and suggested we explore the possibility .of denying this permit. based on the agreement which currently exists. He questioned if Kem Milling is currently breaking MPCA rules, are they then currently breaching the agreement. Lynden advieed that there is a breech provision in the current agreement, however, it provides for the City and Kem Milling to discuss and agree upon an option-for eliminating the violation to bring the plant into compliance with MPCA rules. Freed suggested correspondence be directed to MPCA requesting the basis for a decision which the MPCA made to allow the plants in Arden Hills and New Brighton to have equipment other than incineration equipment; MPCA makes the determination that what the plant uses is equal to or better than incineration. After discussion, Council concurred that they would favor the MPCA representative appearing at a Council meeting to discuss MPCA enforcement procedures; Lynden advised that MPCA is better equipped to do enforcement than the City and it is his opinion that the City can be instrumental in encouraging MPCA to be more diligent in their enforcement methods. The Clerk Administrator advised she has been trying to contact MPCA to discuss Council concerns; she stated she could try to arrange for an MPCA representative to be present at the next Regular Council meeting of January 25th to discuss the enforcement issue. Winiecki moved, seconded by Hansen, that the Village Attorney return to Council with a proposed agreement, after.diecussione and input . received from Kem Milling's legal counsel Mr. Johnson, at the nsxt Regular Council meeting of January 25, 1988; and. furthermore, that Minnesota Pollution Control Agency be contacted for a response indicating what types of requirements for enforceability could be incorporated into an Ordinance in the future. Motion carried unanimously. (3-0) Winiecki advised that it was not her intent to dismiss the concept of drafting an Ordinance, but preferred to receive information from MPCA prior to reviewing an Ordinance draft and to have an agreement worked out. Mayor Woodburn noted that the old agreement between the City and Kem Milling had problems; he suggested the Attorney keep in mind the possibility of drafting an Ordinance relative to this matter. The Mayor questioned if the Council had any other suggestions for resolution of this matter. The Attorney suggested that Council meet with the MPCA; in the interim, Lynden will research the questions raised by the Mayor and Councilmembers, and also meet with Mr. Johnson and to see what can be worked out in the form of an agreement. ORD. #252; AMENDING SIGN ORDINANCE Council was referred to the Planning Commission Minutes of 1/6/88; relative to amending the Sign Ordinance as it relates to Special Event/Temporary Signs. Planning Commission recommended the signs be limited to three per year, for a period of 10 days, with a minimum period of 30 day period of thirty days interval, defining location as in Ordinance No. 216, Sec. II,B,4. Winiecki suggested that the term "per location" be changed to read "per building". Council concurred. Council discussed deferring effective date of the ordinance; rationale for deferral being that some businesses may have planned events in the coming months and are committed for signs to advertise the events. Hansen cOmmented that three signs per year may be too stringent.