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P"" M 0 135 PUBLIC HEARING, COITTNU^.TION DARING ON Y-P.CURY PROCESSING PLATIT. The Health Department Engineer, Eugene Howell, submitted the following comments: "I believe a clear understanding exists relative to requirements that must be met in the operation of a proposed cinnabar smelting plant in order that no public nuisance or health hazard will be permitted to davelop. This department is perfectly agreeable to enforcing the stipulations recommended in Mr. Rolison's letter, it being understood that the Health Department is acting as the City Council's representative in the enf orecement of stipulation No. 3". The City Manager, in his letter, stated that it would appear that if a permit is granted for the operation of this plant, it should be subject to the following restrictions: 1. That an effective collection on system be installed, adequate to eliminate all dust and funes as a result of the plant's operation, subject to the approval of the County Health Department. 2. That Oddstad Homes agree to reconstruct the plant, if necessary, to comply with any future legislation, or to meet the requirements of any air.polution idstrict that amy be ewtablished. 3. That the plant be under the control of the County Health Department, with the under— standing that the operations may be required to cease during periods when prevailing winds or other conditions may create'a nuisance. Mr. Connors stated that if this was under the control of the Health Department then he would withdraw his objections. Councilman Granger moved to close the public hearing, seconded by Councilman Spillers. Councilman 1Veiss raised the question of responsibility of the City, whether or not trucks would be allowed on residential streets, and stipulation being added to the use permit in regarded to proper insurance. The City Attorney stated that the City is not resonsible for damages and the truck ordiance will take care of all trucking operations. Mr. Cy f'ellitz said that Oddstad Homes will carry any insurance which will be re— quired by the City within reason and they would certainly carry insurance to protect themselves. Councilman lreiss wondered if granting of this use permit would be setting a precident and setting a policy in regard to noxious smells. City Attorney said this was not so as long as they did not polute the area. Councilman Granger quoted a similar case with Chemical Process and there has been no compaints against the company. The motion carried. Councilman Granger, based upon the hearing and what has been presented to the Council and with ?t2r. Connors objections withdrawn and the whole matter to be under the control of the Health Department, moved that the permit be granted, seconded by Councilman Herkner. Councilman 111eiss added condition to the motion that use permit be subject to condition that they will not use the City streets and they be asked to use Canada Road and other streets. Councilman Granger stated that he would not accept this amendment. Mayor Royer stated that the truck route ordinance would cover this matter. City Attorney Currie reported that the closest truck route would be over Fernside to Woodside Road. This has been taken up with the Police Department. The Planning Commission asked that they go from Jefferson Avenue to Canada Road. Councilman Weiss withdrew his first amendment and he asked that they carry adequate insurance. City Attorney Currie suggested that a certificate of insurance be drawn up. The Council felt that this was in order and the motion carried. REPORT ON CONDITION OF BLEACHERS AT HAYTES PARK. In his letter, the Building Inspector reported that, after an inspection of the bleachers, it is the opinion of his office, that due to use and exposure to the elements, these bleachers have deteriorated to the extent that they are unsafe and should be replaced. The City Manager supplemented the report to the extent that he was informed by Mr. Alfred Morton that the estimate for the 5 tiers, 9 seats, would be $590 a tier or a total cost of $2,950. There is approximately 40% of the bleachers that can be salvaged and used somewhere else. He recommended that they install the new bleachers insofar as the money will go after the lights and roof have been paid. This was followed by discussion after which Councilman Spillers moved that the City 14anager advertise for bids. City Manager Rolison thought that they should wait for the light bid to be opened. Councilman Stout was not satisfied with the way things were progressing and he dod not want to do this piece by piece. He was of the opinion that the whole Council should look into this matter to make sure there is nothing else which needed fixing or