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HomeMy WebLinkAboutJuly 26, 1983 o o o 0 ~~ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING JULY 26, 1983 AGENDA Call to order - 7:30 P.M. Approval of Minutes 1. Comma #7-83-1 2. Comma #7-83-2 3. Comma #7-83-3 Marvin Benson Variance Schriptek Recovery Systems Special Use Permit Amendment - Swimming Pool Ordinance (No. 46) o o 0 ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING JULY 26, 1983 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman d'Arcy Bosell at 7:35 P.M., Tuesday, July 26,1983 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present~ Commissioners Absent: Also Present: Apel, Knutson, Perry, Schreiner, Spotts Rogers Marvin Benson; Ray Slaback, Schriptek Recovery Systems; Mayor Jerry Windschitl; Councilman Jim Elling; County Commissioner Natalie Haas; others Approval of Minutes July 12, 1983 MOTION by Perry, seconded by Ape 1 to approve the mi nutes of July 12, 1983 as written. Moti on carried on a 4 yes, 2 present (Spotts, Knutson) vote. Marvin Benson Variance (Comm. #7-83-1) Marvin Benson, 14817 Round Lake Boulevard - stated that he is requesting a variance so that he can sell a part of his land that is divided by Round Lake Boulevard. The parcel is on the west side of Round Lake Boulevard and has been used as an access to the lake for a number of years. He noted that the parcel was three acres in size until the County upgraded Round Lake Boulevard; it is now about two acres. Mr. Benson had asked the County to either remove the access to the lake or buy the property; they decided to buy the parcel. He noted that the Parks Department is actually buying the parcel. They own the parcels to the north and to the south of this one now. Commissioner Perry asked Mr. Benson if he has any type of letter from the county saying they are going to purchase the property. Mr. Benson stated that he has one but he does not have it with him tonight. The county has already issued him a check for the parcel. Chairman Bosell asked what would happen to the parcel if the deal with the county did not go through. Mr. Benson stated that because it is not large enough for a building site, he would only be able to cut the wood from the property. Chairman Bosell noted that this parcel is separated from its main parcel by County Road 9. The land owner did not create this problem and he doesn't have a use for the land. MOTION by Spotts, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Marvin Benson, 14817 Round Lake Boulevard, for the property legally described as 'That part of Government Lot 5, Section 29, Township 32, Range 24, Anoka County, Minnesota, that lies South of a line extended West at right angles to the East line of said Lot 5 from a point on said East line 692 feet South of the Northeast corner of Section 29, and that lies North of a line made parallel with the ~South line of Government Lot 5 and extended West from the Southwest corner of the Northwest ~Quarter of the Northwest Quarter of Section 29, Township 32, Range 24, to the shore line of Round Lake which lies westerly of Anoka County Highway Right-of-Way Plat No. 14 according to the map or plat thereof on file and of record in the office of the Anoka County Recorder', for the following reasons: 1) A hardship is created due to the physical condition of County U Regular Planning Commission Meeting July 26, 1983 - Minutes Page 2 u '(Benson Variance, Cont.) ~~ Road 9 which reduced the size of the property from 3 acres to less than 2 acres; 2) The variance is pursuant to Ordinance 8, Section 5.04; 3) It will not adversely affect the existing or potential use of adjacent lands; 4) It is in conformance with the Comprehensive Plan; 5) It is necessary to the reasonable use of the land; 6) The County has contracted with Mr. Benson to purchase this parcel of land. Motion carried unanimously. This will go to the City Council on August 16, 1983. Schriptek Recovery Systems Special Use Permit Public Hearing (Comm. #7-83-2) Chairman Bosell opened the public hearing. Ray Slaback, Route 1, Box 191, Dakota, Minnesota - stated that he is requesting a license to shred tires at the Heidelberger site. They have a contract with a paper company in Wisconsin to supply 24,000 tons of shredded tires per year. If everything goes according to plan, they will ask for 37,000 tons per year. Schriptek is starting at the front part of the property and working their way to the back to get rid of the tires. Chairman Bosell stated that because of rumors that there really is no contract, she called Owens-Illinois in Wisconsin and they confirmed the fact that there is a contract. They use the product that Schriptek creates as part of the fuel for their boilers. In addition to the tires, they burn sawdust, plastic bottles and coal. Mr. Slaback noted that they have been burning tires for the last two years. Chairman Bosell also noted that Owens-Illinois has a landfill that is used for the residue from the tires after they are burned. This substance is similar to the lime sludge that is brought to the Andover landfill from the waste water treatment plants. Owens-Illinois meets the standards set by the Pollution Control Agency for pollution. Commissioner Schreiner asked Mr. Slaback how many tires he has on the property. Mr. Slaback stated that there are approximately 5 to 10 million tires; 15 million at the most. He noted that it is impossible to give an exact figure. Commissioner Schreiner asked what the purpose is of taking in additional tires. Mr. Slaback stated that they have to be brought somewhere or they are going to end up in people's backyards or on the roadsides. He also stated that in order to make a profit, they have to take in tires. Commissioner Apel stated that there is a problem with waste tires and he would like to see the tires on the Heidelberger site disappear as soon as possible. Chairman Bosell noted that approximately 62,500 new tires will be brought in and asked Mr. Slaback how many of those tires would be recapable. Mr. Slaback said approximately 15%. Commissioner Knutson asked if there are any tires that don't fit into the shredder. Mr. Slaback explained that the large earth mover tires can't be shredded. He also noted that the machine they are using is a rotary shear machine. Commissioner Spotts asked how long this particular machine has been in operation. Mr. Slaback 'replied that it has been used for two years. He also noted that they will be moving the ~-~achine into a building in the winter so that they can continue the operation. Marcie Sparks - stated that she has power of attorney for David Heidelberger. Some of the neighbors in the area have stated what their concerns are and some suggestions and demands. u u Regular Planning Commission Meeting July 26, 1983 - Minutes Page 3 , '\ \J (Schriptek, Cont.) Ms. Sparks then read the list, which included: She and the neighbors do not feel that any- one should vote on this request until the neighbors have been heard. Cecil Heidelberger has had no respect for any rules in the past and they doubt that he would obey them in the future; no matter how many permits, bonds or liability insurances they have asked him to get, he has never gotten them; he has stockpiles of junk cars at his house on Nightingale, on the access road and by his office; he has piles of garbage, junk and junk cars on other people's property and he has refused to remove them; he has broken down the fence at Bob's Auto Parts and has refused to fix it, pay for it to be fixed or remove the tires that caused the fence to go down; the fire lanes are blocked by tires and he refuses to remove them; he refuses to upkeep the access roads - they are full of ruts and big holes; the barrels of contaminants are very flammable and combustible according to the PCA; the wells are polluted, the water is not safe to drink and you cannot even bathe a child in it; the tires attract mosquitos, rats and mice; there are even some animals living around the tires that have been destroying the pets in the neighborhood; three semi-loads of tires are being brought in each day and only one load of shredded tires has been seen leaving; the people have no guarantee that Cecil or Schriptek will abide by rules and laws if they are given a permit; the values on the lands are way below what they should be for commercial land; it is also known that Mr. Heidelberger has a violent temper; he has made repeated threats to set fire to the tires~ Ms. Sparks then read the suggestions and demands stating that if they have to live near the man and his business, they should have a say in what goes on with their government. They would like to see a strict time limit on when the tires have to be out of there; they would like to see them only be able to work from 7:00 a.m. to 6:00 p.m., Monday through Saturday; they would like strict safety precautions for fire and checKing of polluted barrels while they are shredding or any other time; definite rules with severe penalties if not followed; acquire all permits, insurance and bonds before it's even considered; some people feel that the bond should be as high as one million dollars; open all the fire lanes, widen the access roads to 30 feet and repair said roads; remove all tires and junk from neighbors' properties before the permit is issued; pay for the repair of the neighbors' properties destroyed by the tire or junk businesses; completely cooperate with all the governments in the removal of the barrels of contaminants; starting with the spring of 1984, spray the tires and junk for mosquitos; welcome the authorities to spot check operations at any time; Cecil Heidelberger, Mr. Slaback and their employees will conduct themselves as proper businessmen with no abusive language or threats or any kind both privately or publicly. Mrs. Jellison, 219th Lane, Cedar, representing Anoka Auto Wrecking - felt that rather than applying for a junkyard license, Mr. Slaback should apply for a permit to recycle tires. Chairman Bosell noted that the tires, according to our ordinance, are considered junk. She then noted that according to Section 5i of the Memorandum Agreement which has been signed by Mr. Slaback, that Shcriptek Recovery Systems, Inc. is the licensee and Ray Slaback is the person responsible for all operations on the site. Cecil Heidelberger will not be conducting any operations on the site. She asked Mr. Slaback if Mr. Heidelberger will be a part of the business. Mr. Slaback noted that he will not be part of the business. Chairman Bosell stated that some of the things that Ms. Sparks mentioned occurred when Mr. Heidelberger was in business at the site and should be recoverable from him, but they are 'lot applicable to Mr. Slaback. , / Ms. Sparks noted that there is an aerial photo of the property at the County that was taken in 1981 and since that time, the tire pile has doubled. o u Regular Planning Commission Meeting July 26, 1983 - Minutes Page 4 \ ,~ (Schriptek, Cont.) Mayor Windschit1 questioned the agreement as it sounds as though Cecil Heidelberger is employed by Schriptek, specifically Section 1.8 which states as follows: First Parties agree to work for Second Parties as employees in the set up of a processing site, for fair wages. Mr. Slaback noted that when his operation is set up, Mr. and Mrs. Heidelberger will cease to be employees. He noted that Cecil has been very helpful to him in getting his operation going. Mayor Windschitl stated that his purpose is to find out who is doing what. He also stated that the County has been working with Mr. Slaback concerning the hazardous waste. He stated that we do not want to become the tire capitol of the Metropolitan area; it serves no purpose to have 15 million tires now and in a few years have 30 million. We need some planned reduction so that the tire pile isn't allowed to grow. Chairman Bosell questioned the condition of the agreement, asking if it is in its final form. County Commissioner Natalie Haas stated that the County Environmental Services Committee is addressing this issue on Thursday evening. This agreement is a working document. The County Board will act on this issue on August 16th. She suggested that the Planning Commission get in writing any changes we feel should be made in the agreement and that we have a representa- tive at the meeting Thursday evening. Chairman Bosell Department is. Department. noted that in the agreement, the Department is mentioned. She asked who the Commissioner Haas noted that it is the Community Health and Social Services Robert Palmer, Andover Fire Department - the Fire Department is concerned with getting the fire lanes open immediately. They would like 20 'perimeter fire lanes with intersecting fire lanes. The tire piles should not be any higher than 15 feet. Chairman Bose11 asked if anyone from the Fire Department had met with Mr. Slaback to figure out the fire lanes. Mr. Slaback noted that he has met with the Fire Chief and he agrees with the plan Mr. Slaback submitted. Chairman Bosell asked if the machine actually runs at 85 decibels. Mr. Slaback noted that it does not. When they move the machine into the buil di ng it will be run by electricity rather than by a generator which will make it even quieter. Commissioner Perry asked who at the county level has been monitoring this site. Commissioner Haas stated that the Environmental Services Committee has the responsibi.l ity. Chairman Bosell noted that the agreement does not refer to any type of bonding being required. Commissioner Haas stated that it is her understanding that the insurance required would be 1 i abil i ty insurance to cover anyone who gets hurt on the property. Cha i rman Bose 11 stated that the City definitely wants some kind of bonding. ~~r. Slaback stated that Schriptek is spending a lot of money on this operation. The scale ~ /ill cost $46,000.00, the fencing will cost about $6,800 and the blacktop will cost about $20,000. If the City starts making too many demands, we wi.ll cease operations and leave. Chairman Bosell asked how soon they plan to blacktop. Mr. Slaback said by fall. <J u Planning Commission Meeting July 26, 1983 - Minutes Page 5 \ , ..'(Schriptek, Cont.) It was questioned how many acres of land are involved in this site and Mr. Slaback noted there are 17 acres. Commissioner Schreiner asked if the incoming tires will be a major source of income. He felt our main concern is to deplete the tire piles we now have. Mr. Slaback noted that in order to sign the contract with Owens-Illinois, he has to receive tires at the site. The incoming tires will be on the site for only 24 hours and then they will be shredded. He is hopeful that they will be able to accept 50,000 to 100,000 tires per month. Commissioner Apel noted that for every new tire that comes in, he shreds 2-3/4 tires. Commissioner Knutson asked if the city and county require a performance bond, would Mr. Slaback be able to get one. Mr. Slaback replied that he probably could not. He further stated that if we want him to obtain one, the city and county would have to pay the fees. Chairman Bosell explained that at a previous Council meeting, the county dealt with the requirement of a scale. The trucks coming in and going out would have to be weighed. That way we would know that the tires are not just coming in, but are also going out. Commissioner Schreiner asked how long it would take Schriptek to comply with the fire ordinance. Mr. Slaback stated that it would take 6 to 8 months just to clear the fire lanes. Commissioner Schreiner asked if they have any plans for the hazardous waste. Mr. Slaback stated that if they come across some, they will immediately notify the PCA. Chairman Bosell noted that one of the concerns is the hours of operation. The people in the immediate area suggested 7:00 a.m. to 6:00 p.m.; however, the agreement states 24 hours. She asked Mr. Slaback if it is his intention to run it 24 hours a day. Mr. Slaback stated that is his intention. Chairman Bosell asked if he has had any complaints to which he replied no. She asked how many employees there are. Mr. Slaback said there are 15 to 16 now and if it goes to 24 hours, they will have 4 more people. Commissioner Knutson asked what the capacity of the machine is. Mr. Slaback said that it can shred 7 to 10 tons per hour or 120 tons per day. Commissioner Schreiner felt that more information is needed before the Planning Commission can make a decision on this item. Chairman Bosell asked Mayor Windschitl if the Planning Commission should deal with the Special Use Permit first or work with the county to come to an agreement. Mayor Windschitl felt that the Commission should work with the county. The important thing is to spell out exactly what we want. The handling of the hazardous waste should be a condition of the license. If the procedure for handling it is not followed, the license should be revoked. Marion Heidelberger, 2052 Bunker Lake Boulevard- noted that when they bought the property there were 22 acres; she got back 2~ acres so that would leave 191 acres. In regard to the noise from the shredder, she stated that she hears it every morning at 5:30 and when she , ;omes home at 3:00. Recess 9:25 - Reconvene 9:35 o u Regular Planning Commission Meeting July 26, 1983 - Minutes Page 6 "\ \. . ~(Schriptek, Cont.) Chairman Bosell felt that at this point, we should make a list of the concerns that we have and schedule a special meeting to deal with them. Also, she would like someone from the Commission to attend the meeting Thursday evening at the county. The following are of concern to the Planning Commission and should be included in the agreement: 1) Hazardous waste - there should be a procedure set up to deal with the waste once it is discovered; 2) Fire ordinances - getting a time limit as to when the fire lanes will be opened; 3) Pest control; 4) liability of the neighborhood, neighbor's fence, noise. Chairman Bosell noted that pest problem is not what everyone thinks it is. Mr. Hutchison from the County Health Department stated that there is no food supply on the site so rats don't have anything to live on and also, tires are not conducive to mosquito breeding. Continuing with the concerns, the insurance and bonding is a major concern. Commissioner Perry felt we should have some definite criteria for on-site inspection on a on-going basis, but not at a regularly scheduled time. She would also like to have the weight tickets reviewed on a quarterly basis. Another concern is depletion of the tire supply that is now on site. Commissioner Perry requested that we obtain an actual decibel reading on the shredder and require adequate insulation in the building to reduce the sound of the machine. Mayor Windschitl noted that the Environmental Protection Agency has worked on this site. They know what is there; the question is how much there is. There are test wells on the site. There are extremely toxic wastes there; improper handling of the toxic wastes would be very dangerous. He noted that the South Andover site is in the process of getting to where it can be cleaned up. It's a matter of getting an agreement. The funding will be used for testing and cleanup. On one of the five sites in South Andover, the soils will be removed to get rid of the wastes. Mr. Slaback stated that no one has told them what the procedure is for handling the hazardous wastes once they are discovered. He will remove everyone from the area if toxic wastes are found. He asked if there is a map somewhere showing where on the property the barrels are located. Commissioner Haas stated that at the meeting Thursday evening, Mr. Slaback can review a document showing the general areas where the waste is located. Councilman Jim Ell ing explained that the PCA has a specific procedure for handling hazardous waste. He said that one thing to remember about hazardous waste is the break point is 500 parts per million. Chairman Bosell asked if it is correct that after the tires are all gone the land will still belong to Mr. Heidelberger. Mr. Slaback said that is correct. Commissioner Knutson was concerned that no one really knows how many tires there actually are. Commissioner Haas felt that 12-15 million tires is pretty accurate. Commissioner Spotts asked how new the Schriptek machine is. Mr.Slaback stated that the .,fi rst machine was developed in 1976. Commi ssi oner Perry asked where the other Schriptek :nachines are located. Mr. Slaback stated the other machines are portable ones and they / have been taking them to different landfills to get rid of their tires. Commissioner Perry asked if it would be possible to obtain the name of someone to contact who is using one of the other machines. Mr. Slaback said he will provide that information. f~\ U '1 ,--,,- Regular Planning Commission Meeting July 26, 1983 - Minutes Page 7 , -- (Schriptek, Cont.) Patricia Heidelberger, Nightingale St. N.W. - asked what reports Commissioner Perry was talking about that she wanted reviewed. Commissioner Perry noted that it would be the weight slips. The pUblic hearing on this item will be continued at a special meeting at 8:00 P.M, Tuesday, August 2nd. It will also be on the Planning Commission's regular agenda August 9th. Amendment - Swimming Pool Ordinance (Comm. #7-83~3) Chairman Bosell questioned whether this needs to be amended. Commissioner Perry felt that in view of the recent amendment to Ordinance 8 regarding accessory buildings we are going to end up with a lot of problems if we change the swimming pool ordinance as shown in the draft. She felt that if we are going to do something with it, we should change it to be the same as for accessory buildings. This item will be continued at the next regular Planning Commission meeting. Discussion with the Mayor regarding the recent amendment to Ordinance 8 regarding the accessory buildings continued. Chairman Bosell asked what would prevent someone from applying for a variance so that they didn't have to build a garage at the time they build their house. The mayor didn't feel that would be allowed. MOTION by Apel to adjourn. Motion carried unanimously. Meeting adjourned at 11:15 P.M. Respectfully submitted, &'II~ Vicki Vol k Commission Secretary " )