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WHEREAS the City Council at its regular Council meeting on July 23rd received the Planning Commission's recommendation, further written and oral testimony from the applicant and other interested persons, and; WHEREAS the City Council continued the matter to its August 13th regular council meeting to allow for the submission of additional information from interested persons, and upon consideration of the application and supporting materials, the staff report, and all other information constituting the record of this application, and upon further deliberation, the Council voted 4-1 to deny the conditional use permit, and directed the City Attorney to prepare findings and this resolution as a contemporaneous record of the Council's decision, NOW THEREFORE BE IT RESOLVED by the City Council of the City ofRoseville, Minnesota, that it adopts and memorializes the following findings regarding the subject application for a conditional use permit: Findings: 1. Section 1004.02ClO of the Roseville Zoning code allows cemeteries as a conditional use within the R-1, Single Family Residence District. Ordinance 1072 specifies that no cemetery, place of burial, or crematorium of the dead human person shall be established or set apart, nor shall any existing cemeteries or crematoriums be enlarged without a permit issued by the City Council (City Code Section 401.01) 2. The issuance of a conditional use permit under Section 1013 of the Code requires the consideration of the following matters: Compatibility with adjoining properties Impacts on traffic and public facilities Impacts on property value Impacts on general health, safety, and public welfare Compatibility with the Roseville Comprehensive Plan. 3. The proposed use will emit "criteria" pollutants and "toxic" pollutants (Source: Materials submitted by applicant, All Crematory, Anne Jackson et al.). 4. Emission of these toxic materials is not practically avoidable or controllable under current cremation processes (Source: Environmental information from Industrial Equipment and Engineering Co., 6/21/2001). 5. The emission of mercury, hydrogen chloride, and other pollutants from the proposed crematory adds to the risk of exposure to these public health dangers for the residents, businesses and users of public facilities in the vicinity of the proposed crematory. 6. Currently, the cremation rate in the United States is approximately 24%. Within the next 10 years it is anticipated that the demand for cremation services will increase nearly 70%. (Source: Letter ofEmy Czirok dated June 29, 2001). 2