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Regular City Council Meeting Monday, November 29, 2010 Page 12 City Attorney Bartholdi concurred, and further noted that the fifth and sixth "WHE- REAS" statements of the resolution (Attachment M), lines 28 30 and 32 35 respec- tively, also were intended to incorporate that evidence as well. On behalf of the City Council, staff and the community, Mayor Klausing thanked every- one present at tonight's meeting for their presentations and respectful participation in a highly charged atmosphere. Councilmember Ihlan spoke in support of the motion and thanked everyone for their work and thoughtful comments and information gathered throughout this complex process. Councilmember Ihlan outlined her position with several points and reviewed her personal approach to determine whether the proposal met land use codes for Industrial Zoning, and her continued interpretation that the industrial performance standards were not met under previous or amended ordinance. Councilmember Ihlan further opined that the odor would be perceptible beyond the property boundaries; and other clear evidence through the MPCA process as well as other evidentiary materials that the proposed use would not meet performance standards under Conditional Use criteria. Councilmember Ihlan reviewed additional negative impacts from projected traffic; air emissions from plant operations and hauling of the material; safety and other compatibility issues from additional heavy truck traffic on roadways not built to accommodate such uses; impacts to parks and other facilities; and impacts to adjacent Minneapolis Park Board properties. Councilmember Ihlan reviewed and provided comment on each finding and criteria used for that evaluation; and reiterated her request to include a statement related to negative impacts to the community's general health, safety and welfare from this proposed use. By consensus, Mayor Klausing noted the addition of Councilmember Ihlan's statement related to negative public health risks as an additional finding under #13 of the draft resolution. Councilmember Johnson thanked staff for their significant analysis of this application and subsequent data. A vote was then taken by the City Council to adopt Resolution 10861, attached hereto and made a part hereof denying the Conditional Use Permit Application of Bituminous Roadways, Inc. Roll Call Ayes: Johnson; Roe; Ihlan; and Klausing. Nays: None. 14. City Manager Future Agenda Review City Manager Malinen noted the previously agreed -upon start time of 5:00 p.m. in Closed Executive Session on December 6, 2010.