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Regular City Council Meeting Monday, October 11, 2010 Page 7 had actually acquired permits but not commenced construction, and were not permitted to proceed. Therefore, City Attorney Bartholdi, opined that this ordin- ance, if properly adopted, could apply to the currently proposed asphalt plant as well. Public Comment Tam McGehee, 77 Mid Oaks Ms. McGehee referenced an article in today's St. Paul Pioneer Press related to this issue; and opined that it was up to the City Council to protect the health, safe- ty and welfare of its citizens; and further opined that current performance stan- dards did that; and questioned why the City Council hasn't denied this current as- phalt plant application. Ms. McGehee questioned what the City would gain, if granted an Environmental Impact Statement (EIS) over what was already in the record. At the request of Mayor Klausing, Mr. Trudgeon responded to Ms. McGehee, ad- dressing the adequacy of current performance standards and how they were ap- plied. Mr. Trudgeon noted that, as part of the environmental review process, sub- stantial information had been submitted from various sources that would assist the City in making a determination as to whether this particular use could or could not meet those standards. Mr. Trudgeon clarified that the Environmental Assessment Worksheet (EAW) was between the applicant and the Minnesota Pollution Con- trol Agency (MPCA) and that there were numerous questions on the sufficiency and accuracy of data submitted, thus the request for additional information. Mr. Trudgeon advised that it was up to the MPCA to respond to each of the comments received; however, he noted that staff had not seen those responses at this time, and was waiting until they were received before responding to citizens requesting an EIS, since that information would be used by staff to make a recommendation to the City Council as to whether the proposed asphalt plant met the City's per- formance standards or not. Mr. Trudgeon noted that it was important to have quantifiable information to make that judgment, thus staff was waiting to com- plete their review process until the MPCA had completed their review responses. Ms. McGehee opined that staff had sufficient information from the 167 comments made to the MPCA; and noted that it was not clear from comments in the news- paper article and there was no guarantee whether MPCA staff would move for- ward to seek an EIS; and questioned if City staff would make their recommenda- tions based on information already available, and if so, why further delay. Mayor Klausing clarified the request currently before the City Council for amend- ing City Code Chapter 1007 Industrial Districts to prohibit certain uses; and asked that Ms. McGehee focus her comments on that issue. Mayor Klausing noted that a previous application related to a Conditional Use Permit (CUP) for outdoor sto- rage for the proposed asphalt plant was not currently before the City Council, pending completion of the environmental review before the MPCA. Mayor