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and noxiouS~ £ameS. In December of 1989, City staff met with Mr. Karst to determine appropriate corrective act On a~d 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 .an~ has been storing buses on that property. One of the concerns was that particular use was not cons~ereil under the existing conditional use permit, nor does it conform as a lawful use based on Cod~ requirements for exterior storage. Another conaern is that the electrical wiring in the building is not up to Code and the City's Building Offigial 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 tes lng program, contingent upon the applicant petitioning for connection to City sewer and water ant submitting a site plan for the use of Lots #2 and #3 by the end of 1990 or screening the exterior sO,rage on those lots in accordance with City Code. City staff is. a [so 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 complmnts at the cost of the pern'fit 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 ~lv~ the problems. Mr. Otto notOd that with the additional furnace, Mr. Karst's operation will still be below minimum requirements ~or MPCA permitting. Mr. Karst noted that both of the furnaces will be operated with afterburners versus a baghouse to solve odor p~blems. Mr. Karst sta.~ted that he feels there is a lot of unfamiliarity with his operation and that the incident reports were filedi with some misinterpretation of what is happening at the site. He also stated that he has reque!ted before and is requesting again that he be called anytime of the day or night when the incident }'epOrt is being written so that he may appropriately address the problem when it is happening. The Commisl}ion-proceeded to review the proposed findings of fact. Mr. Otto staled that Item #25 of the proposed Findings of Fact should be amended to delete references to!!storhge of roll off boxes and debris. Motion by Commissioner LaDue and seconded by Commissioner Terry to amend Item #24 of the proposed F!ni:l/ng~ of Fact to indicate that the applicant has stated that the dismantling of feed stock buses outsid~ of the building has ceased. Motion carried. Voting Yes: Chairman Zimmerman, Commissioners LaDue, Bawden, Deemer and Terry. Voting No: None. Absent: Commissioners Hendriksen and Thorud. 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