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C/September 10, 1984 <br />criteria for approval and performance standards set forth in the <br />conditional use ordinance. Waste Management has provided all <br />information necessary to show that those standards are met; <br />Council's duty is not discretionary; if criteria are met the <br />permit must be granted. Waste Management respectfully requests <br />that Council grant the application. <br /> <br />Mr. Oresen - 6530 153rd Lane - Stated he lives to the north of <br />the landfill and the dumping is on the opposite side of the hill <br />from his home and does not feel a berm will reduce the noise <br />problem. <br /> <br />Mayor Gamec introduced Charles LeFevere, attorney working with <br />Ramsey on the Landfill lawsuit. <br /> <br />Mr. LeFevere stated that Council should prepare a separate <br />findings of fact from that which was adopted by Planning and <br />Zoning. <br /> <br />Mayor Gamec stated that his intent is to vote no to Waste <br />Managements request based on recent legislation and what he has <br />been promised by legislators if they are elected in the way of <br />financial rewards to cities with landfill problems. <br /> <br />Motion by Commissioner Schlueter to adopt Findings of Fact as <br />presented by Planning and Zoning regarding Waste Management's <br />request for a Conditional Use Pe~it. <br /> <br />Councilmember Van Wagner seconded the motion for discussion. <br /> <br />Further Discussion: Councilmember Van Wagner stated that she <br />would like to review the Findings of Fact first. Mayor Gamec <br />stated that adopting the Findings of Fact as is would make for a <br />very loose case. Mr. Goodrich stated that Council has to follow <br />the ordinance as far as standards and criteria and 'recent <br />legislation' cannot be a consideration. Councilmember Van Wagner <br />stated that one of the items in the Findings of Fact that she <br />wanted to review was noise control; she does not feel a berm will <br />sufficiently address the noise problem. Mr. LeFevere stated that <br />if it is Council's pleasure to deny Waste Management's <br />application, Council could use Findings of Fact prepared by P & Z <br />as a working document, make suggestions as to additions and/or <br />corrections and Staff can prepare a more formal Findings of Fact <br />for Council to adopt at it's next meeting. Mayor Gamec stated <br />that he would prefer to take a poll of Councilmembers before <br />proceeding to prepare findings of fact to deny application. <br /> <br />Councilmember Schlueter withdrew her motion and Councilmember Van <br />Wagner withdrew her second to the motion. <br /> <br />Mayor Gamec called for a Council consensus regarding Waste <br />Management's request for conditional use permit. <br /> <br />Councilmember Sorteberg - Opposed <br />Councilmember Van Wagner - Opposed <br />Mayor Gamec - Opposed <br /> <br />Page 7 of 14 <br /> <br /> <br />