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Member Traynor asked what the noise standards were. Thomas Paschke explained the state law regulates the noise, emission and particulates. Chair Rhody explained that the City must be comfortable with state inspections to meet the state requirements. Member Mulder noted that mortuaries are licensed and must meet requirements regarding plastics, caskets, medical devices and what is actually sent to the crematory. Member Duncan explained that some issues could be monitored by the city, others by the state. In crematories the city could regulate what chemicals go into the crematory, the hours of operation and the number of bodies per year. Motion: Member Duncan moved, seconded by Member Mulder, to recommend approval of a conditional use permit to allow Roselawn Cemetery to construct an 1,800 square foot crematory structure and associated parking access improvements, at 803 Larpenteur Avenue, subject to the findings/conditions listed in Section 6.1 through 6.9 of the project report of July 11, 2001, as follows (with Planning Commission additions underlined): 1. The crematory structure must not exceed 30 feet in height above grade (R-1 building height limit). 2. The structure must be screened from Victoria Street and Larpenteur Avenue with landscaping, fencing, or a combination thereof. A plan must be submitted with the building permit application and a landscape bond equal to 150% of the landscape cost is required. The plan must include implementation strategies to control ambient noise. 3. The structure must take on the exterior appearance and be built with materials similar to that of the office and chapel structures. 4. The structure shall be limited to a size of 30 feet by 60 feet or 1,800 square feet of building area. 5. A drainage plan must be submitted at the time of building permit application that provides proper information on storm water run-off and management to the Engineering Department for their review and approval. 6. The Crematory must meet all applicable Federal, State (Department of Health and Pollution Control Agency) and County building, health and emission, noise, and air quality code/standards. 7. A revised site plan including dimensioned information must be submitted to the Community Development Department for review and approval prior to building permit issuance. Said plan must include parking stall width and depth, sidewalk and structure dimensions. 8. Prior to issuance of a building permit, and within 60 days after approval of the conditional use permit, the conditional use permit must be recorded with the Ramsey County Recorder. 9. This conditional use permit shall expire 6 months after approval if a building permit has not been issued. (Section 1013.03) 10. The project, its CUP conditions of approval, number of annual cremations, hours of operations, noise, and emissions shall be reviewed by the Planning Commission and City Council after two years of operation. The two year review period shall start after final approval and receipt of license. The City Council may make modifications to the permit at the time of review based on non-compliance with the conditions of the permit. 11. The applicant must purchase an "ALL Model 2500 Elite" or similar and the applicant must operate at all manufacturers' specifications for emissions and operations. 12. There shall be no more than two burners (retorts). Member Wilke asked conditions are already regulated by state regulations. Member Wilke asked whether the City should limit the number of cremations per year. Chair Rhody concurred. Member Mulder explained that a modification to more than 400 per year would require an amendment to the CUP. Chair Rhody asked for more detail from Larry Hudalla regarding hours of operation. Mr. Hudalla stated that limiting the numbers (cremations and hours of operations) is unfair. There has been a crematory in the plans since 1906. Mr. Hudalla said the proposed hours would not vary from 8:00 a.m. to 4:30 p.m., except special occasions; the crematory will be operated by the cemetery staff and owned by the Cemetery Board. Mr. Hudalla also expressed concern about burning plastics. Member Duncan explained the need for chemicals standards and hours of operation. He suggested adding "federal" standards to the conditions. Chair Rhody and Member Mulder discussed alternatives to numbers and hours of operation that after 400 cremations must report to the Council. As an alternative, Thomas Paschke suggested a review of the CUP after two years, with an annual review thereafter. Member Olson noted that the state has no routine emissions guidelines or testing for cremations. Member Mulder explained that inspection is complaint driven. Member Traynor stated that complaints are difficult if there are no applicable state standards. He supported the two-year review and that conditions include: "following the manufacturer's specifications and that "ALL 2500 Elite" model with emission controls" (or similar)"be used. He stated the crematory must be able to answer questions. (supported by Commission).