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. . . Page 5 Planning Commission Minutes October 21, 1986 DRAFT CONDITIONAL USE PERMIT Mr. Se11ergren gave a brief history of the conditional use process from the first draft to the present 3rd draft. which is the result of meetings among city staff. Mr. K10vning. Ms. Kruse. Stantion, and himself. Mr. Se11ergren then reviewed the highlights of the draft CUP itself for the Planning Commission. staff and audience present. Mr. Roger Miller, Attorney representing NSP. then expressed the following comments: The scope of permit is over-extended. Some of the conditions imposed affect the processing plant unfairly. since it is tied to the generating operation. NSP objects to permit language which ties the processing facility with the UPA generating facility. NSP feels that the City ordinance and laws of this State do not grant the City the authority to impose the conditions on the processing plant and on the UPA plant as well. They feel that the second "Whereas" should be deleted because it is not within the rights of the City to include it. Mr. Miller offered his comments on "Exhibit A - Conditional Use Permit" items as follows: Item 1- he feels processing The description of the facility includes the generating plant. the City has no lawful authority at a site other than the site for This permit. Item 6. This item should only include the processing facility. Item 7. include the park vehicles The permittee obj ects to the term "Facility" as it would generating facility. also. that they should be able to on adjacent land. if they own the land. Item 10. Mr. Miller stated that he believes the intent is to control trucks hauling MSW, but as the language now stands, it would cause problems for their trucks hauling the RDF and rejects. He explained that the State has denied them an access from 169 and if the City denies them the use of Main Street, they will be denying them access to the power plant. Item 11. The rejects be from keep the facility permittee is 4:00 am to clean and to requesting that the hours for transporting 8:00 pm., to allow them the opportunity to get into the landfill. Item could 12. This item should only apply to the process facility. or they not wash any trucks at UPA if the generating facility is included. Item 16. The definitions should be clarified as follows: a. north should be east should read "one half mile east on Hwy. 10" from intersection of 165th b.