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Planning Commission Meeting <br />Minutes – Wednesday, October 27, 2010 <br />Page 10 <br />some uses in the wrong category even if the City determined that a particular use <br />454 <br />was permitted. <br />455 <br />Ms. Dushin opined that a mixed message was being sent in the Conditional Use <br />456 <br />process and applicable criteria for mixed uses. <br />457 <br />Mr. Lloyd advised that the question was not whether you anticipated being able <br />458 <br />to meet the criteria, but if a use was built, it must be able to demonstrate that it <br />459 <br />could meet the criteria, but sometimes difficult to determine until a use is up and <br />460 <br />operating. <br />461 <br />Member Boerigter clarified that while something could be a permitted use, the <br />462 <br />performance standards did not dictate whether it was permitted; but said you can <br />463 <br />do that use and build that building, but you have to meet these standards; and if <br />464 <br />the use is permitted you have to meet design standards; if not, Mr. Lloyd <br />465 <br />interjected you’re your building permit wasn’t issued allowing you to proceed. <br />466 <br />Ms. Dushin questioned, in the terms of disclosure, if companies were required to <br />467 <br />disclose potential pollution they may emit, or whether a basic environmental <br />468 <br />document was part of the Conditional Use application process. <br />469 <br />Mr. Paschke advised that neither had been required during his tenure with the <br />470 <br />City of Roseville; noting that there had been few new industrial uses where such <br />471 <br />documentation would have been requested, based on the limited development <br />472 <br />area available in Roseville, other than requirements that they provide the City <br />473 <br />with documentation of their MPCA permit as a function of their business. <br />474 <br />Ms. Dushin questioned where documentation process was available to determine <br />475 <br />those existing businesses or uses processing chemicals. <br />476 <br />Mr. Paschke advised that, while some may be available, many businesses pre- <br />477 <br />dated his tenure by twenty (20) years, and he was unsure of where that <br />478 <br />documentation would be found in City records. <br />479 <br />Ms. Dushin opined that it seemed to be common sense to expend the energy into <br />480 <br />specific standards to determine what businesses were processing in the <br />481 <br />community. <br />482 <br />Mr. Paschke advised that there were other agencies regulating many of those <br />483 <br />uses and that the City couldn’t regulate them higher than the state or federal <br />484 <br />government. <br />485 <br />Member Gisselquist questioned if citizens could be directed to those other <br />486 <br />agencies for that specific information. <br />487 <br />Mr. Paschke responded affirmatively, that citizens could research businesses by <br />488 <br />their type and seek additional information from the appropriate department or <br />489 <br />agency. <br />490 <br />Ms. Dushin questioned her interpretation of past comment by a Planning <br />491 <br />Commissioner that the City was unable to monitor a business to ensure that they <br />492 <br />were following performance standards. <br />493 <br />Mr. Paschke advised that, if that comment was made, it was inaccurate; and if a <br />494 <br />citizen was concerned if a business was meeting performance standards, they <br />495 <br />should report that concern to staff and staff would react accordingly. However, <br />496 <br />Mr. Paschke noted that monitoring staff was not available full-time, reiterating <br />497 <br />that regulating agencies perform much of that monitoring. <br />498 <br />Ms. Dushin opined that most of the businesses were self-reporting to those <br />499 <br />agencies. <br />500 <br /> <br />