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. Minutes of the Regular Council Meeting, December 14. 1987 , Page 2 REND. PLANT (Cont'd) John Kotishack, resident, questioned if the current requirements set in the agreement have been met by the plant. Mayor Woodburn advised that the company has, in the past, been in complience with ~ the requirements set forth in the agreement; it was his understanding the agreement encompassed only stack emission controls. volume and concentration, and the company has passed those tests. There was discussion regarding types of testing that have been done at the plant; whether or not these tests were adequate, and if additional testing should be required. Tim Guzek, Kem Milling Company, stated he understands the severity of the problem and the citizens' complaints; as a new owner he would like the opportunity to have the plant Environmental Engineer study and suggest solutions for solving the prqblem. Guzek advised he.was willing to work with his staff, City staff, the citizens' committee, and the MPCA to resolve the problem. There was discussion relative to MPCA response to past problems, monitoring techniques. and responsibility for insuring standards are met. Council expressed conCern that MPCA has not responded expediently to compleints in the past. and that they may be lax in enforcement of their stendarda. Robert Freed, suggested Council may have to act independently of the MPCA to resolve the problem; MPCA representative advised that the community may need to . review zoning provisions. Mayor Woodburn advised that the zoning issue is a separate matter; as-year amortization period would be required to deny the use in the zoning district. Mary Gillies, 1736 Crystal Avenue, stated that she has been a resident of the community for 15 years; she advised that the residents were here this evening to request Council help and consideration in solving the problem, not to tell them what to do. Mayor Woodburn suggested the possibility of additional off-plant testing being conaucted. either by Arden Hills or other agency; he advised that sufficient evidence must be provided prior to shut down of the plant. The Mayor suggested contacting MPCA to determine what they are willing to do to resolve the problem; Arden Hills could then provide for further testing to be done. if necessary, and increase permit fees to cover the costs incurred. Attorney Lynden advised that the current agreement reads that the City shall make determination as to whether violations of MPCA standards occurs. Councilmember Winiecki COmmented that the Village could not rely on the MPCA to . be much help, in fact they currently do not do the testing. She also noted that it may be fortunate that Kem Milling now owns both plants, here and in New Brighton, since they would be responsible for the odors at both plants. Winiecki advised she would like to see: I. A probationary permit issued; 2. Computer modeling, to test the ambient air outside of the plant property, and, if a problem is identified, a response should be sent from the plant with alternative solutions to the eliminate the problem; 3. Proof of compliance to the stack testing on all three stacks; 4. An evaluation of the system by an independent consultant, with the suggested list from the MPCA concerning the stack emissions and the computer modeling, showing the amount of air tested and the way it was tested. Tim Guzek replied that the recommendation was well made, however, he requested a six month probationary period. prior to setting additional restrictions on the agreement jI to take the opportunity to provide a new ownership "track record"; it was his opinion that the plant Engineer could contact the MPCA to see what could be done. Council preferred to not issue a probationary permit; advised it would not be beneficial, and they hoped the matter could be resolved prior to that time. .