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Regular City Council Meeting Monday, November 29, 2010 Page 8 Mayor Klausing noted the November 24, 2010 memorandum from its legal counsel Erickson, Bell, Beckman Quinn (Attachment H), detailing and related to the recom- mended procedure for the City Council's decision making related to this application. Mayor Klausing reminded the public that the City Council was serving in its adjudicatory function, not making or interpreting policy; clarified that the City was not proposing this use, but addressing the land use application currently before them. Mayor Klausing opined that the additional finding suggested related to explosives was not specific in City Code to consideration in this use; and asked for staff's interpretation. Mr. Trudgeon advised that Finding #7 in the draft resolution addressed decomposition by explosion and types of materials proposed for use; and following discussions with the City's Fire Marshal and Fire Chief, they opined that the performance standards did not apply to the proposed asphalt plant use. Councilmember Roe noted that the City had other existing uses in the community (tank farms, fuel tanks, etc.) that were subject to other regulatory processes and the types of equipment that could be used; and opined that the City Code appeared to allow for those types of materials, when properly regulated. Mr. Trudgeon confirmed that information, noting that the State Fire Code provided for a series of regulations. Councilmember Ihlan addressed the performance standards in current code, applicable when the application first came forward (Chapter 1007, Industrial Districts, Section 1007.01 General Requirements, D. Performance Standards), provided as a bench hand- out, attached hereto and made a part hereof Councilmember Ihlan referenced the addi- tional finding related to explosives suggested by Mr. Neprash for consideration in the draft resolution as additional evidence that the application didn't meet the City's pre- viously- existing industrial code performance standards. Councilmember Johnson concurred with Councilmember Ihlan, and including the finding related to explosions, even though regulated, to remain mindful that accidents can and do happen even when highly regulated. Mayor Klausing noted that the findings and evidence had been incorporated by the City Attorney into the draft resolution; and addressed in the procedures outlined in the No- vember 24, 2010 legal memorandum from the City's legal counsel. Discussion ensued among Councilmembers and City Attorney Bartholdi regarding appli- cation of the new Ordinance 13907; and supporting evidence for the previous Ordinance as well as the Amended Ordinance.