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Regular City Council Meeting Monday, October 11, 2010 Page 8 Klausing opined that at this point, it was premature to determine what the City Council's action or response would be. Ms. McGehee opined that the City's existing performance standards were suffi- cient, and further opined that those highlighted on the proposed Use Table were less enforceable than those already in place. Ms, McGehee noted exceptions not currently addressed on the proposed Use Table, including that of a nuclear plant, nuclear waste storage facility, or a refuse burner. Ms. McGehee opined that the original asphalt plant application had provided a misconception and that it should have been brought forward before the CUP came forward. Mr. Trudgeon clarified that the fuel tank addressed by Ms. McGehee was not part of the original application for staff review, but had been added by the applicant given the nature of the MPCA environmental review process as part of a future consideration. Vivian Ramalingam, 2182 Acorn Road Ms. Ramalingam expressed concern with lists being problematic if standards are formulated broadly and applicable to any situation. Steve Dorff, Meritex, representative, business owner on the west side Mr. Dorff expressed opposition to anything that would further hindrance business marketing and redeveloping land; allowing for job growth. Mr. Dorff opined that the Industrial Zoning should continue as currently outlined and in the former mas- ter plan for the industrial area. Greg Korstad, Attorney for Bituminous Roadways, Inc. Larkin Hoffman Daly Lindgren, Ltd. Mr. Korstad spoke in opposition to the proposed ordinance changes, as outlined in written comments, provided as a bench handout, and attached hereto and made a part thereof Mr. Korstad, while in partial agreement with City Attorney Bartholdi on the gen- eral rule under State law, opined that there was sufficient case law supporting such a change in ordinance in the middle of an application process, creating ma- nifest injustice for the applicant, and that this application would meet that excep- tion to the general rule. Megan Dushin, 2249 St. Stephen Street Ms. Dushin sought clarification on issues discussed prior to her arrival at to- night's meeting related to the previous asphalt plant application and the ordinance amendments currently before the City Council at tonight's meeting, which were addressed by Mayor Klausing.