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Regular City Council Meeting Monday, September 27, 2010 Page 2 environmental issues, and quoted applicable standards of State Rules related to the environmental review process; or immediate refusal of the permit application for a CUP based on environmental and CUP criteria Ms. McGehee suggested that in light of rumors about lawsuits, may look to quali- ty and quantity of those lawsuits if those lawsuits move forward and related costs; and provided her written comments for the record, attached hereto and made a part thereof Steve Arnenson, President and CEO of Old Dutch Foods Mr. Arnenson noted that the proposed asphalt plant would be located directly across the street from their plant and disputed claims of Bituminous Roadways that their fumes and odors would be contained. Mr. Arnenson noted that the sub- stantial risks to their business could be devastating. 651/633 -8810 Gretchen Ternus, 2328 Terminal Road, Building Owner Spoken to other business owners on Terminal Road; amount of money involved; attended MPCA meeting; amount of money study has cost the State of MN; mon- ey down the drain; if something no one wants and getting nothing in concern, don't see why City Council is for it and ask that they go away Mayor Klausing assured Ms. Ternus that there was currently nothing before the City Council regarding the Conditional Use Permit (CUP) for outdoor storage at the proposed asphalt plant until finalization of the MPCA's environmental as- sessment, based on current ordinance and reliance on the City's legal counsel in- dicating that such a manufacturing use was permitted under a CUP in the Indus- trial Zone. Mayor Klausing further clarified that the City may reconsider the sus- pended application for outdoor storage if and when it came back before the City Council. Ms. Ternus requested that the City Council consider the rights of long -term exist- ing businesses in that area over and above that of a new incoming business to the community; and to consider the impacts on their tenants from such proposed as- phalt plant under current economic conditions. Councilmember Roe noted that this was not the last opportunity the public would have to speak before the City Council and made people aware of notices for future meetings. Councilmember Ihlan suggested several items for future Council discussion on fu- ture agendas based on public comment heart to -date and provisions of the EQB rules referenced during Ms. McGehee's comments and the basis for a potential denial of the CUP request.