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) Marylou Terwey - Stated that page 1 of Ramsey's Zoning Chapters states: "The following zoning provisions and the zoning map established hereby have been enacted in accordance with a comprehensive plan of land use for the purpose of: -promoting the health, safety, morals, comfort, convenience, prosperity and general welfare of the residents of Ramsey;..." Ms. Terwey stated that an incinerator does not promote health and the Zoning Chapter is what Council should be following in making their decision. C. Receive report from agencies and Staff - Mer1and Otto stated that the City requested Hakanson/Anderson to review the issues raised by the citizens, determine whether there are additional issues needing to be raised and whether those raised were sufficiently addressed. Hakanson/Andersons also had to assist in drafting the findings of fact and conditions for a conditional use permit, retained consultants to determine what a monitoring program and it's cost for such a facility might look like. Hakanson/Anderson hired a leader in the health risk field and they determined the cost for the city to have a separate health risk analysis. Hakanson looked at whether or not the applicant has complied with all criteria required in the ordinance. The ordinance indicates that in making a determination as to whether a conditional use permit will be allowed, the City shall consider about 26 criteria. Hakanson belie~es, in reviewing information received thus far, that the city has sufficient information to make reasonable conclusions about impact with the possible exception of four criteria: a) Whether or not the use will be unduly dangerous or otherwise detrimental to persons residing or working in the vicinity of the use or to the public welfare; b) ~~ether or not this use will substantially adversely impair the use, enjoyment or market value of any surrounding property; c) Whether the proposed use will be hazardous or disturbing to existing or future neighboring uses; d) ~~ether the proposed use will involve uses. activities. processes. materials and equipment and conditions of operation that will be detrimental to any persons. property, or the general welfare by reason of excessive production of traffic. noise, smoke, fumes, glare or odors. When a question arises as to whether the proposed use meets the ciriteria for the conditional use permit, it is th~ responsibility of the applicant to show to the City that it meets the specified criteria. Atlas would like to submit that information to MPCA. Mr. Otto stated that in summary, the issues raised have to do with health impacts/hazards, monitoring/regulatory controls, operational controls, compatibility issues like proximity to residential areas, .and other issues which include community'" s image as a waste receiver, whether incinerat or would be a public nuisance, insurance coverage in the event of damage to residents' property or public property, possible expansion of incinerator facility or incineration operations, whether Atlas has already purchased City Council/July 27,1988 Page 5 of 9 83