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and noxious fumes. In December of 1989, City staff met with Mr. Karst to determine appropriate corrective action and since that time, the City has received two incident reports in 1990. Since the issuance of the conditional use permit for Lot #1, Mr. Karst has acquired Lots #2 and #3 in the area and has been storing buses on that property. One of the concerns was that particular use was not considered under the existing conditional use permit, nor does it conform as a lawful use based on Code requirements for exterior storage. Another concern is that the electrical wiring in the building is not up to Code and the City's Building Official has been in touch with the State Electrical Inspector. Mr. Otto stated that City staff is recommending approval of the conditional use permit amendment to expand the operation capacity by the addition of an additional furnace and modification to the emissions testing program, contingent upon the applicant petitioning for connection to City sewer and water and submitting a site plan for the use of Lots #2 and #3 by the end of 1990 or screening the exterior storage on those lots in accordance with City Code. City staff is also requesting that an emissions test be completed by the end of this year and that the City should have the right to test suspect emissions upon valid complaints at the cost of the permit holder. Mr. Karst confirmed that there were an inordinate number of incident reports in 1989, which mostly resulted from a malfunctioning baghouse. Since that time, he has made modifications to the baghouse to solve the problems. Mr. Otto noted that with the additional furnace, Mr. Karst's operation will still be below minimum requirements for MPCA permitting. Mr. Karst noted that both of the furnaces will be operated with afterburners versus a baghouse to solve odor problems. Mr. Karst stated that he feels there is a lot of unfamiliarity with his operation and that the incident reports were filed with some misinterpretation of what is happening at the site. He also stated that he has requested before and is requesting again that he be called anytime of the day or night when the incident report is being written so that he may appropriately address the problem when it is happening. The Commission proceeded to review the proposed findings of fact. Mr. Otto stated that Item #25 of the proposed Findings of Fact should be amended to delete references to storage of roll off boxes and debris. Motion by Commissioner LaDue and seconded by Commissioner Terry to amend Item #24 of the proposed Findings of Fact to indicate that the applicant has stated that the dismantling of feed stock buses outside of the building has ceased. Motion carried. Voting Yes: Chairman Zimmerman, Commissioners LaDue, Bawden, Deemer and Terry. VOting No: None. Absent: Commissioners Hendriksen and Thom& Sharon Watson, attorney for Mr. Karst, was present and referred to the proposed conditional use permit which requires Mr. Karst to submit a request for site plan approval to the City by December PLANNING AND ZONING COMMISSION/OCTOBER 16, 1990 Page 5 of 11