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Regular City Council Meeting Monday, November 29, 2010 Page 3 ter dated September 10, 2010, rather than August 11, 2010; and authored by Joseph G. Maternowski of Moss Barnett on behalf of UC06 Roseville MN LLC. Applicant Representative Greg Korstad, Attorney with Larkin Hoffman Daly Lindgren Ltd., for the appli- cant, Bituminous Roadways. Mr. Korstad noted that the President of Bituminous Roadways, Kent Peterson, was also present at tonight's meeting. Mr. Korstad referenced written correspondence on record for the applicant and his client, Bituminous Roadways, seeking continuation of their original request for a Conditional Use in the City's General Industrial zone for the purpose of construction of an asphalt plant. Mr. Korstad opined that the company felt their operation fit well in that zone; and noted their only concern was that a point had been arrived at in the process without com- pletion of the environmental review and fully answering all the questions and concerns raised by the City and public. Mr. Korstad requested that if that environmental review process were allowed to continue, it would address those public and community con- cerns, and that his client's proposal could be evaluated on its merits. A copy of the Larkin Hoffman letter dated October 21, 2010 to the City Council provid- ing supplemental technical data related to the Bituminous Roadways Asphalt Plant was provided by staff as a bench handout, and as a supplemental to Attachment F in the staff report, attached hereto and made a part hereof Mr. Korstad asked that the City Council determine not to review the project under its new ordinance, opining that this was changing the rules and unfairly applying that new set of rules to the Conditional Use request already in process; asked that the City Council, based on that review of the project under original regulatory framework, advise the Min- nesota Pollution Control Agency (MPCA) that their review process of the project should continue allowing the public information process and response to continue; and asked that the City Council recognize the additional studies provided by his client related to evaluation of traffic, noise and odor concerns. Mr. Korstad reviewed the process and considerable time and monetary resources pro- vided by his client to -date to respond to public and City concerns; and asked that the City Council ensure that their performance standards for this general industrial area were ap- plied to everyone in that area, expressing his hope that this wasn't serving as a test case of the City's air quality standards. Mayor Klausing addressed case law referenced by Mr. Korstad (Interstate) and presump- tions by the applicant's legal counsel and opposing views from Mayor Klausing's pers- pective as an attorney, as well as that of the City's legal counsel; and specific procedures outlined in that case related to legislative versus adjudicatory functions of the City Coun- cil, and the City Council's consideration of this Conditional Use application.