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Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Bawden, Deemer, Hendriksen, LaDue, Terry and Thorud. Voting No: None. Motion by Commissioner Deemer and seconded by Commissioner Bawden to amend Item #46 of the proposed Findings of Fact to indicate that the proposed use will be consistent with the intent and purposes of Chapter 170.013D of the Ramsey City Code. Further discussion. Commissioner Deemer stated that he believes a yard waste compost facility is generally compatible on industrial property. Commissioner Hendriksen inquired if a yard waste compost facility is compatible with uses of up to 2.5 miles away which is how far the odors will CalTy. Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Bawden, Deemer, La.Due, and Terry. Voting No: Commissioners Hendriksen and Thorud. Motion by Commissioner Hendriksen and seconded by Commissioner Deemer to add a new item to the proposed Findings of Fact to indicate that the proposed use appears to be inconsistent with City Council Resolution g90-02-48. Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Bawden, Deemer, Hendriksen, LaDue, Terry and Thorud. Voting No: None. Motion by Commissioner Thomd and seconded by Commissioner Terry to recommend that City Council adopt the proposed Findings of Fact as amended relating to Waste Management of Minnesota, Inc.'s request for a conditional use permit to establish a yard waste compost facility. Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Bawden, Deemer, Hendriksen, LaDue, Terry and Thorud. Voting No: None. The Commission proceeded to review the proposed conditional use permit. Motion by Commissioner Hendriksen and seconded by Commissioner Thorud that based on the Findings of Fact and City Council Resolution #90-02-48 to recommend denial of Waste Management of Minnesota, Inc.'s request for a conditional use permit to establish a yard waste compost facility because it is inconsistent with residential uses within the area that would potentially be affected by the use. Motion failed. Voting Yes: Commissioners Hendriksen, Terry and Thorud. Voting No: Chairman Zimmerman, Commissioners Bawden, Deemer and LaDue. Commissioner Deemer stated that Item #37 of the proposed conditional use permit reserving the City's right to inspect the site upon reasonable notice should be amended to more thoroughly define "reasonable notice". Mr. Otto replied that Item #37 of the proposed conditional use permit is basically the same provision that has been included in WMMI's conditional use permit for vertical expansion and their conditional use permit for tire processing. Commissioner Hendriksen stated that Item #25 of the proposed Findings of Fact allowing the applicant 48 hours to resolve odor problems was too lenient. Sharon Dahlgren of Hunters Hill Addition was present and stated that she has researched a significant amount of material prepared by Rutger's University. WMMI claims to be proposing a yard waste compost facility based on Rutger's low level technology. However, when reviewing WMMI's proposal, it more closely represents Rutger's minimal technology yard waste compost plan. Mr Terry Miller referred to the requirement to remove odor causing compost from the site Planning and Zoning Commission/September 4, 1990 Page 11 of 14