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Planning Commission Meeting Minutes December 18, 2001 • Page 7 1 Chair Melsha responded that, if they did the trial, it would need to be the most objective 2 criteria as possible to determine whether the conditions of the trial are being met. Chair 3 Melsha suggested that they add the charcoal filters now. 4 5 Vice Chair Stille asked what the criteria was in order for the Commission to deny a 6 conditional use permit. Chris Smith, City Attorney, stated that, in order to deny a 7 conditional use permit, it would depend upon the standards that they were to establish. 8 9 Chair Melsha stated that he understood that there was a fairly high standard regarding 10 health and safety. Smith stated that it was hard to quantify smell, and that perhaps the 11 Commission should require filters at this time. 12 13 Chair Melsha asked if a threat to personal welfare was grounds for denial of a conditional 14 use permit. Smith stated that it was. 15 16 Commissioner Thomas asked about the impact on property values. Smith stated that it 17 was difficult to quantify because of the injury that was being proposed. He stated that the 18 Commission and City Council could make a finding, based on the evidence that was 19 before them,that it would be detrimental to the property values. He added that if they 20 had evidence, such as personal testimonies of residents who live in the area and find the 21 odors offensive,then the finding would be upheld • 22 23 Chair Melsha expressed his concern of taking a leap of faith. He added that he was 24 uncertain that a trial period would be a good option. 25 26 Vice Chair Stille stated that putting a time frame on a permit would find them at the same 27 place, at a later date. He added that he had a larger problem with the buildings that were 28 to be built across the railroad tracks. 29 30 Commissioner Hanson stated that he was uncomfortable with the fact that they illegally 31 began operations. In his mind, he believes that they have already proven that the 32 charcoal filters are necessary immediately. 33 34 Commissioner Steeves stated that they still had decisions to make regarding evaluation 35 regardless of how soon. He added that having a panel of independent citizens who have 36 no vested interest in the outcome was the only way that they could come to any fair 37 conclusion. 38 39 Commissioner Thomas stated that there are people who do work on odors at the 40 University of Minnesota. 41 42 Chair Melsha asked for Smith's opinion on what they are discussing. 43 44 Smith stated that, if they were to come up with an objective panel, it would be the best 45 way to protect the City from a lawsuit. He added that they might not want to limit the 46 condition to say no order, but perhaps no odor beyond a certain point. 47