6.4. SR 09-22-1997ity of
River
MEMORANDUM
Item # 6.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Steve Ach, City Planner_<~
September 22, 1997
Easement Vacation Request by
Beaudry Oil, Case No. EV 97-4
Ken Beaudry has requested this item be postponed to the October 20th City
Council meeting. This will allow Mr. Beaudry enough time to put together a
survey and fully evaluate his situation on site and be prepared to present his
request to the City Council at next month's meeting.
Recommendation
It is recommended the City Council postpone action on the easement vacation
until October 20, 1997.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
INFORMATION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Pat Klaers, City Administrator
Mayor & Council
Bruce A. West, Fire Chief
September 22, 1997
Beaudry Oil Petroleum Facility
Issue
Consideration of vacating a portion of Quinn Avenue allowing Beaudry Oil
Company the possibility of expan~]ing their business into the vacated street.
Background
Mr. Ken Beaudry made various improvements to Beaudry Oil's bulk storage
facility located on Quinn Avenue, west of Proctor Avenue and south of the
Burlington Northern Railroad tracks. One of the improvements involved a
concrete pad and installing above ground storage tanks on top of the concrete
pads. The concrete pad and above ground storage tanks have been installed
within the right-of-way of Quinn Avenue. Until the matter is resolved, I
have sent Mr. Beaudry a letter stating all product stored within the above
ground storage tanks be removed and not utilized until the Quinn Avenue
issue has been resolved. At this time, the product within the above ground
storage tanks have been removed and the possibility of any spill caused from
a potential leak has been alleviated.
On Monday, September 15, 1997 Deputy State Fire Marshal David Keepers
and myself reviewed the issue in reference to the above ground storage tanks
located at the Quinn Avenue, Beaudry Oil bulk storage facility. At this time,
Beaudry Off is in violation of the 1991 Uniform Fire Code in reference to:
Section 79.101(c) Review of Plans. Before any construction or new or
additional installation for the storage, handling, or use of flammable
hquids is undertaken in bulk plants, drawings or blueprints of them made
to scale shall be submitted to the State Fire Marshal with an application,
all in duphcate, for review. Within a reasonable time, usually ten days
after receipt of the application with drawings or blueprints, the State Fire
Marshall's shall examine them. On finding that they conform to the
apphcable requirements of this code, State Fire Marshal shall so signify
either by endorsement on them or by attachment to them, retain one file
copy and return to the applicant, the other copy plus any additional copies
submitted by the applicant. If the drawings or blueprints do not conform
to the applicable requirements of this code, the State Fire Marshal shall
notify the applicant in writing within the (]me allowed for the
examin ation 'of the application.
Another area of violation of the 1991 Uniform Fire Code is in reference to
Article 4, Section f. 3, this is in reference to permits for flammable and
combustible liquids. A permit is required to install, construct, alter, or
operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel
dispensing stations, refineries, distilleries, and simil ax facilities where
flammable and combustible liquids axe produced, processing, transported,
stored, dispensed, or used.
Section 79.503(a), location with respect to property lines, public ways, and
important buildings on the same property. The 1991 Uniform Fire Code
Section 79.503(a) refers to minimum distance from property line of
property which is or can be built upon. This references the minimum
distance ~rom the property line the above ground storage tanks shall be
located depending on size of the above ground storage tank. In reference
to the three above ground storage tanks in question at the Beaudry Oil
site, the minimum distance from property line shall be 15 feet
Along with the issue of the above ground storage tanks on the east side of
Quinn Avenue within the Beaudry Off facility, is also a concern of the storage
of propane tanks awaiting sale located on the west side of Quinn Avenue
within the right-of-way. The propane tanks in question are 500 gallon
propane tanks that currently are stored within the right-of-way of Quinn
Avenue. The 1991 Uniform Fire Code references NFPA 58: the Standard for
the Storage and Handling of Liquefied Petroleum Gases. While referencing
NFPA 58 for code compliance in reference to the storage of the 500 gallon
propane tanks awaiting sale:
1. The tanks shall be 10 feet from the property line and 10 feet from the
right-of-way.
2. NFPA 58 3-3.6 references protection against tampering and to minimize
the possibility of trespassing the area that includes storage containers.
These areas shall be enclosed with at least a 6 foot high industrial type
fence, unless otherwise adequately protected. There shall be at least two
means of emergency access from the fenced or other enclosure.
3. NFPA 58 3-2.2.7(e) references the minimum horizontal separation
between above ground LP gas containers and above ground tanks
containing liquids having flash points below 200 degrees Fahrenheit shall
be 20 feet. This references the storage of LP tanks awai~ng sale and
horizontal above ground liquid petroleum storage tanks. There shall be a
minimum of 20 feet horizontal separation between the LP and above
ground storage tanks.
NFPA 58 3-2.2.7(j) references storage of tanks underneath overhead
electric powerlines. No part of an above ground LP gas container shall be
located in the area 6 feet horizontally from a vertical plane beneath
overhead electric powerlines that are over 600 volts, nominal. This
references the 7200 volt powerline that currently is located on the west
side of Quinn Avenue in the area currently containing the 500 gallon
propane tanks.
Analysis
The issue of Beaudry Oil placing above ground storage tanks in the right-of-
way of Quinn Avenue has brought to the fore front numerous issues and code
violations that shall be addressed. If the CiW Council denys the easement
request by Beaudry Oil of Quinn Avenue, any and all improvements, shall be
removed from the right-of-way within an appropriate t~me fro_me. Along with
the above ground storage tank concern is the issue of storage of the propane
tanks awaiting sale currently stored within the right-of-way on the west side
of Quinn Avenue. There are numerous code violations in reference to the LP
tank storage that shall be corrected or the storage tanks sh~]l be removed.
If the City Council approves the easement request by Beaudry Oil for Quinn
Avenue, Mr. Beaudry shall be required to obtain proper permits, send to the
State Fire Marshal's Office a set of plans for their review, and obtain a
Conditional Use Permit from the City of Elk River. Until this issue is
resolved, the above ground storage tanks in question shall remain empty of
product to assure a safer condition and less likelihood of any spill prior to the
proper containment being constructed around the tanks.
Conclusion
As Fire Chief for the City of Elk River, the decision of the City Council in
reference to the request to vacate a portion of Quinn Avenue by Beaudry Oil
will dictate the follow-up Uniform Fire Code compliance issues that will be
addressed by the Fire Chief. Mr. Beaudry appears to be expanding his
facility to a point where areas of expansion are very limited. All areas of the
facility shall be in compliance with the 1991 Uniform Fire Code and NFPA
58 Standard for the Storage and Handling of Liquefied Petroleum Gases. I
will be available and attending the September 22, 1997 City Council meeting
to answer any and all questions in reference to the above issue.
f:~shrdoc\offsiteXfire\beaudmem.doc
City of
ver
September 8, 1997
Ken Beaudry
630 Proctor Avenue
Elk River, Minnesota
55330
Dear Ken:
I have received a copy of your fax transmission to Steve Ach, City Planner for
the City of Elk River, dated September 5, 1997, in reference to the street
vacation of Quinn Avenue in the City of Elk River. The fax transmission
states that you are discontinuing the street vacation of Quinn Avenue. At
this time I would like to address the issue of removal of the above ground
storage tanks located at the Quinn Avenue Beaudry Oil site.
With the vacation of Quinn Avenue being discontinued at this time, Beaudry
Oil shall remove the above ground storage tanks located at the Quinn
Avenue Beaudry Oil site within 30 days. The proper permits and approval
through the State Fire Marshal's office have not been obtained for the above
ground storage tanks in question. Any and all improvements, (example,
concrete pad for storage tanks) that have been placed within the right-of-way
shall also be removed within 30 days.
Another issue of concern is the storage of propane tanks shall not be
permitted within the fight-of-way. The current storage shall be removed
from the right-of-way immediately.
If you have questions in reference to the above issues, please feel free to call
me at the Elk River Fire Department, 441-4919.
B~uce A. West
Fire Chief
City of Elk River
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13065 Orono Parkway · RO. Box 490 ° Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425