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04-10-1990 PC MIN ".. - e ,- e MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, APRIL 10, 1990 Members Present: Chairman Kimball, Commissioners Eberley, Schroeder, Fuchs, and Nadeau Members Absent: Commissioners Johnson and Morton Staff Present: Stephen Rohlf, Building and Zoning Administrator; Peter Beck, City AttorneYi John Lichter, City Environment Consultant 1. Pursuant to due call and notice thereof; the meeting of the Elk River Planning Commission was called to order at 7:00 p.m. by Chairman Kimball. 2. Chairman Kimball added Updated Planning Commission Items and State Planning Conference to the agenda. 3. Consider Conditional Use Permit Request by Northern States Power (NSP)/P.H. Steve Rohlf, Building and Zoning Administrator, introduced this item indicating that the Planning Commission will be considering the renewals of the Conditional Use Permits for both United Power Association and Northern States Power. The City Council will be acting on both the Conditional Use Permits and the Licenses. He indicated both the Conditional Use Permits and the Licenses are up for renewal for every two years. Chairman Kimball opened the public hearing. Glen Kaas, Superintendent of the Elk River Resource Recovery Facility, addressed the issues of their memo dated April 2, 1990. Mr. Ka8:s indicated they tried to address the citizen's concerns and also the City's concerns which were discussed at the 3/19/90 City Council meeting. He further indicated NSP was asking for an extension to their two year renewal. He indicated they were asking for a 36 month renewal instead. NSP is also asking for the ability to haul residue on Sunday. LITTER...Mr. Kaas addressed the issue of litter. Mr. Kaas indicated that in order to minimize litter at the plant site and along the roadways, the facility has increased litter pick-up to once a week. He further stated one thing that has helped the litter problem is the Elk River Police starting to ticket haulers, along with NSP trying to make sure the trucks are clean before they leave the plant. Randy Reznicek - 19838 Dodge Street (MnDot Office) stated his concern regarding the litter and questioned whether the litter pick-up could not be extended further than the 1/2 mile radius in either direction of the plant. Mr. Reznicek felt the debris was heavier now than it has been in the past due to the empty trucks and overloading. Mr. Kaas Planning Commission Minutes April 10, 1990 Page 2 e indicated haulers were subject to ticketing for being overloaded and spilling debris. The Commission discussed this issue and felt Ii tter pick-up should be increased to more than once a week. Staff felt the bulk of the litter was associated with the NSP facility. Mr. Rohlf stated that the real key is to stop trucks from spilling debris. The worst offenders are the empty trucks leaving the plant. Staff was in agreement with Mr. Reznicek that the clean-up did not go far enough on either side of the plant. Pat Klaers, City Administrator, stated that there are costs associated with the litter issue. Mr. Klaers indicated the City Council would be bringing this to the City's and NSP's attention. He indicated that the City does not have the manpower to monitor the ~rea as closely as we would like to. Mr. Klaers noted that we would be adding a police officer to our force and dedicating about 4 hours per day to monitoring the trucks, the litter, and the leaking loads. The City Council may discuss, demand or request that NSP donate some funds to the Police Department for the 1/2 time status of a police office. Mr. Klaers indicated he feels the City Council is seriously considering that this be treated as a direct cost to be included with the permit. It is a lot of hours of expensive police time. e Mrs. Doris Specht was concerned with the litter in her driveway. driveway is in line with 165th Avenue from which paper blows down her driveway. Mrs. Specht was requesting that NSP also pick up litter. Her into this Mr. Peter Jones from NSP responded to the cost issue. Mr. Jones indicated that if there are any permit changes, NSP will be seeking compensation from those that they are providing services to (Counties). Peter Beck felt that double charging on the incoming trucks would be as much of an incentive to contain Ii tter as a ticket on the out-going trucks. Truman Moyer of 16807 Highway 10 stated his concern regarding litter. Marilyn Schroeder of 13575 Islandview Drive felt that NSP's original contract was not being fulfilled as far as litter being contained. NOISE.. .Mr. Kaas addressed the noise issue. Mr. Kaas indicated that NSP has determined the greatest amount of noise coming from their plant was due to dust collector exhaust fan. They installed mufflers that did cut down the noise considerably. Mr. Kaas noted that the noise problem was further dealt with by having a specialist from MPCA conduct testing to verify the noise level near the plant. ~,~..~ e Mr. Truman Moyer of 16807 Highway 10 indicated that MPCA did come out to his house to monitor the noise. Mr. Moyer felt that NSP has the capability to cut the noise down. Planning Commission Minutes April 10, 1990 Page 3 e EXPLOSIONS.. .Mr. Kaas addressed this issue. Mr. Kaas indicated that they are inspecting the loads to determine what is causing the explosions. He indicated that letters have been sent to haulers explaining what types of waste the plant will allow. NSP is concerned regarding this issue. Steve Rohlf felt this was the most serious issue with NSP. He indicated that staff is pleased that fire suppression waters associated with these explosions and fires have been retained. The City's concern would be the safety of the citizens. Staff stated that better training for NSP's employees who sort through solid waste prior to its being processed is important. Mr. Rohlf reviewed with the Commission concerns and issues regarding NSP. These concerns are listed in his memo dated 3/12/90 to the City Council. Staff is recommending that the City consider requiring periodic checks of loads coming into the NSP facility. MEDICAL/INFECTIOUS WASTE...Glen Kaas reviewed this issue with staff and the Commission. Mr. Kaas indicated that NSP feels that this issue is not a public health concern, but an occupational exposure and safety concern for NSP employees. He indicated NSP is very concerned with this issue. r-- Cindy Axness (Environmental Department for NSP) stated that this has been a very big concern of theirs. They felt it was more of an employee concern than a community concern. Ms. Axness indicated that not all the waste NSP receives is infectious. A lot of the medical waste they recei ve is not any more capable of causing an infectious disease than the other garbage in the waste stream. Staff indicated there should be some type of procedure to prosecute those who are delivering illegal waste. Ms. Axness stated these types of violations are hard to enforce. e John Lichter, Bruce A. Liesch and Associates, felt that the problem is that it is more cost effective for medical institutions to mismanage their waste. It costs a lot of money to take this waste to medical incinerators, and if they can get by with covering it up, they are going to keep covering it up unless we aggressively pursue them. After discussing this issue, it was the consensus of the Commission that they would like staff to look into this problem and set some sort of mechanism to encourage compliance. EMPLOYEE TRAINING...Glen Kaas addressed this issue. Mr. Kass indicated that plant employees have received initial training in hazardous waste and infectious waste, which is updated annually. CITIZEN DROP-OFF...Mr. Kaas addressed this issue. The Commission suggested that a periodic advertisement be placed in the paper to inform the public of services and fee structure. e HOT LOAD AREA...Mr. Kaas indicated that they were requesting an additional hot load area on the west side of the facility. e e ~ - Planning Commission Minutes April 10, 1990 Page 4 RECYCLING...Mr. Kaas indicated that additional building and associated permi ts would be needed for NSP to install a recycling system to the facili ty. TRAFFIC...Mr. Kaas felt this was a big concern with everyone. They are requesting the capability to haul rejects on Sunday to alleviate some of the traffic concerns. He indicated if this were permitted they would not have to go out on Monday when they are trying to get their trailers empty again. Staff felt Sundays. allowed to Monday. that there is some merit to allowing NSP to haul rejects on Mr. Kaas was in agreement with staff that if they were haul on Sunday it would help eliminate peak hour traffic on Pat Klaers, City Administrator, addressed what tpe City Council would be looking at regarding traffic. Mr. Klaers stated that as with the police off icer issue, the City would be concerned whether it should NSP's cost, UPA' s cost, or passed on to the Counties. Mr. Klaers indicated there is only one entrance onto Highway 10 from the plant. He further stated that the chances of the City getting a signal from MnDot is remote. He felt that what was needed is an acceleration lane and de-acceleration lane for the trucks from the plant to enter and exi t off of Highway 10 onto 165th Avenue. Mr. Klaers stated that it was his opinion that it was just a matter of time before a serious accident occurs unless something is done soon. Lastly, he indicated that lighting the intersection should also be considered for traffic safety. At this time, Pat Klaers brought up the issue of fire safety. He indicated that the City incurred extra cost by having to buy a more expensive fire truck, an aerial platform latter truck, because of the size of the NSP facility. Further, the fire hall had to be enlarged to house this new truck. Mr. Klaers stated that the conditional use permi t for NSP holds the City harmless in case of fire, but that the City still felt responsible to provide fire services to all businesses in community. Mr. Klaers felt that this is an expense beyond the norm, that would not have been incurred if it hadn't been for NSP's facility, which is the largest industrial building in the community. He felt the Ci ty Council would be looking at whether some of this cost should be passed on to NSP. Steve Rohlf indicated that Bill Birrenkott of Elk River Utilities has taken a look at the intersection of 165th Avenue and Highway 10 and has made a recommendation on how to properly light it. John Lichter was concerned with the fugitive dust generated outside the plant by vehicles maneuvering on unpaved areas. Mr. Lichter suggested some type of plan for dealing with fugitive dust. He felt this should be compiled by NSP and submitted to the City. Mr. Lichter was also concerned that the storm water from NSP's outside staging area is collected and drained into a pond on the site. Mr. Lichter suggested that the City should request the applicants to develop a plan for monitoring the storm water, subject to approval by the City. Planning Commission Minutes April 10, 1990 Page 5 e Chairman Kimball closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL A TWO YEAR EXTENSION OF NORTHERN STATES POWER'S CONDITIONAL USE PERMIT WITH THE FOLLOWING AMENDMENTS: 1. LITTER - THAT CONDITION #16 IN NSP'S CONDITIONAL USE PERMIT HAVE SUBSECTION B AMENDED TO READ: "HIGHWAY 10 FROM THE EASTERN CITY LIMITS TO THE INTERSECTION OF HIGHWAY 10 AND HIGHWAY 169." FURTHER THAT THIS LITTER PICK-UP SHOULD BE DAILY, AND THAT THE CITY SHOULD CONTINUE THE EFFORTS BY THE POLICE TO ENFORCE THE LITTER LAW. LASTLY, THAT NSP SHOULD MAKE AN EFFORT TO ASSURE THAT TRUCKS LEAVING THE FACILITY ARE CLEAN TO AVOID THE LITTER PROBLEM IN THE FIRST PLACE. 2. NOISE - THAT STAFF AND NSP WORK OUT PROBLEMS. WITH NOISE ASSOCIATED WITH FACILITY AND THAT THE CITY NOISE ORDINANCE AND THE SOLID WASTE ORDINANCE ARE COMPLIED TO. e 3. EXPLOSIONS - THAT A 20 FT. FIRE BREAK IS MAINTAINED FROM THE CONVEYOR ON THE TIPPING FLOOR TO THE WASTE ON THE TIPPING FLOOR. FURTHER, THAT ROUTINE SPOT CHECKS ARE DONE WITH A CITY EMPLOYEE WITNESSING THE SPOT CHECKS. ALSO THAT THE CITY INSPECT THE PLANT FOR CLEANLINESS TO AVOID FIRE HAZARD. LASTLY, THAT NSP HAVE DOWN TIME TO DO MAJOR REPAIRS TO AVOID PROBLEMS WITH EXPLOSIONS. 4. INFECTIOUS WASTE - THAT STAFF WORK ON A MECHANISM TO PUNISH THOSE DELIVERING ILLEGAL WASTE TO THE FACILITY AS A DETERRENT. 5. CITIZEN DROP-OFF - THAT A QUARTERLY AD IS DONE BY NSP TO INFORM PEOPLE OF THE SERVICES AND FEES OF THE CITIZEN DROP OFF SITE. 6. THE PLANNING COMMISSION FELT THAT AN AREA FOR HOT LOADS ON THE LOADOUT SIDE (RDF SIDE OF THE PLANT) IS APPROPRIATE. A SITE PLAN MUST BE PROVIDED FOR REVIEW BY STAFF AND COUNCIL PRIOR TO THE COUNCIL MEETING AND ACTING ON THIS RENEWAL. 7. RECYCLING - THAT NSP COOPERATE WITH THE CITY ON RECYCLING EFFORTS. 8. TRAFFIC - THAT STREET LIGHTING IS PROVIDED ON THE INTERSECTION OF 165TH AVENUE AND HIGHWAY 10 TO ASSURE SAFETY IN THE EVENING HOURS AT THAT INTERSECTION. FURTHER, THAT CITY ENGINEER, TERRY MAURER, PREPARE PLANS FOR AN ACCELERATION LANE AND A DE-ACCELLERATION LANE ON HIGHWAY 10 AT THE INTERSECTION OF 165TH AVENUE AND HIGHWAY 10. THOSE PLANS WOULD THEN HAVE TO BE APPROVED BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION WITH NSP PAYING FOR THE COST OF THOSE ACCELERATION AND DE-ACCELLERATION LANES. - 9. PAVING - ALL DRIVING AND PARKING SURFACES AT THE SITE MUST BE HARDSURFACED AND ALL OTHER OTHER AREAS LANDSCAPED IN AT LEAST GRASS. FURTHER, THAT NO VEHICLE TRAFFIC SHOULD TAKE PLACE ON THE LANDSCAPED AREAS. e Planning Commission Minutes April 10, 1990 Page 6 e 10. REJECTS ON SUNDAYS - THAT NSP BE ALLOWED THE USE OF HIGHWAY 10 FROM THE INTERSECTION OF HIGHWAY 169 AND HIGHWAY 10 EAST AND HIGHWAYS 169 AND 101 FROM 9:00 A.M. TO 4:00 P.M. ON SUNDAYS TO HAUL REJECTS OUT OF THE FACILITY. 11. THAT A MONITORING PLAN FOR THE STORM DRAINAGE ON THE SITE IS APPROVED BY STAFF. 12. THAT THE CITY IS REIMBURSED FOR THE COST INCURRED FOR REVIEWING THIS RENEWAL PLUS ASSOCIATED COSTS (I.E FIRE DEPARTMENT TIME, POLICE TIME ETC) THAT ARE INCURRED BY THE CITY BECAUSE OF THE PLANT BEING LOCATED IN ELK RIVER. COMMISSIONER FUCHS SECONDED THE MOTION PASSED 4-1. THE MAJORITY OF THE PLANNING COMMISSION FELT THAT WITH THESE ADDITIONAL STIPULATIONS, THE SEVEN STANDARDS FOR APPROVING A CONDITIONAL USE WOULD BE MET. Commissioner Schroeder voted nay because he felt that standards 1, 3, 4 and 5 were not met by the proposal. A short recess was taken at this time. e 4. Conditional Use Permit Reauest by UPA/P.H. Stephen Shurts of UPA responded to the seven items as outlined in staff's memo dated 3/12/90 and UPA's letter dated 3/22/90. Mr. Shurts addressed MPCA' s permit requiring testing of dioxins and furans every 15 months. He requested that the City's requirements become compatible with MPCA' s testing requirement of every 15 months. Mr. Shurts felt this would be easier for Administration, and the recent test results showed that they have extremely low emission rates. The next topic Mr. Shurts addressed regarded putting fires out when a hot load of RDF is delivered to their plant. Mr. Shurts indicated staff's concern is that they retain the fire suppression water. UPA's intent is to use as little water as possible or none. If there is water that comes off the site, they intend to use a vacuum truck to pick it up and deposit it back into the RDF and burn it. Regarding the traffic concern, UPA is running their trucks the exact route that was required by Elk River, and UPA feels this is not a problem. e Mr. Shurts addressed the odor problem. He felt the complaints that they have evaluated came from the Waste Water Treatment Plant, and also from smells of a pig farm that blows in their direction. He noted that the smell from those two facilities far exceed anything that comes from UPA's facility. Mr. Shurts addressed the noise problem. He indicated he is in agreement with staff that there is a noise problem coming from their Planning Commission Minutes April 10, 1990 Page 7 e steam plant. If noise continues to be a problem for the citizens, UPA will take the next step and modify the stack with some kind of silencer or muffler. Mr. Shurts explained there are no set standards set for UPA regarding heavy metals emissions. They will continue to test for metal as required by MPCA. The new tests were extremely low. Mr. Shurts indicated that UPA is requesting to continue with the three uni ts in operation, as they feel they would not have significantly different emissions with respect to the standards than the two units. They will, at the earliest convenience, run the next emissions test (May 14, 1990) so that information becomes available from these tests. This information will be made public and given to the City officials. Darlene Solberg indicated that she still had cpncerns regarding the noise problem. Ms. Solberg explained that UPA has been cooperative regarding this issue. Chairman Kimball closed the public hearing. e Staff addressed items 2 and 6 as outlined the memo dated 3/12/90. Mr. Rohlf requested that staff be notified when UPA gets the next hot load if there is runoff getting into the ground water. A diked area would then be required. Staff was not recommending any changes to the traffic issue. Staff indicated that most of the complaints regarding odor came from the adjacent duplexes. Staff felt- these were legitimate complaints and needed to be dealt with by the doors to the receiving building remaining shut. Also if odor persist, UPA should deodorize the receiving building. John Lichter suggested that if UPA comes back with similar emissions test results, the City should consider their request regarding the 15 month interval for testing of dioxins. Mr. Lichter further suggested that UPA comply with the City noise ordinance and Solid Waste Ordinance and that staff should look into this. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE RENEWAL OF THE CONDITIONAL USE PERMIT FOR UNITED POWER ASSOCIATION WITH THE FOLLOWING AMENDMENTS: 1. TESTING OF DIOXINS AND FURANS - THAT IF DIOXINS AND FURANS EMISSIONS COME IN AT COMPARABLE LEVELS TO THE FIRST ROUND OF TESTING, THAT UPA CAN AT THAT TIME SEEK AN AMENDMENT FROM THE CITY'S NINE MONTH SCHEDULE FOR TESTING THOSE EMISSIONS DOWN TO THE MINNESOTA POLLUTION CONTROL AGENCY'S 15 MONTH SCHEDULE. e 2. HOT LOADS - THAT UPA INFORM CITY STAFF THE NEXT TIME THEY HAVE A LOAD OF RDF ON FIRE SO THAT STAFF CAN OBSERVE IF THERE IS RUN OFF e e ~. e Planning Commission Minutes April 10, 1990 Page 8 ASSOCIATED WITH PUTTING THE FIRE OUT THAT NEEDS TO BE DEALT WITH, AND FURTHER THAT STAFF AT THAT TIME WILL REQUIRE A DIKED AREA TO HANDLE SUCH FIRES IF NEEDED. 3. ODOR - THAT THE DOORS TO THE RDF RECEIVING BUILDING AT THE UPA SITE MUST REMAIN SHUT OTHER THAN WHEN RECEIVING RDF, AND FURTHER THAT IF ODOR PERSISTS, THAT UPA DEODORIZE THE RECEIVING BUILDING. 4. NOISE - THAT THE CITY'S NOISE ORDINANCE AND SOLID WASTE ORDINANCE AS WELL AS STATE STANDARDS, BE LOOKED AT TO ASSURE THAT NOISE LEVELS ASSOCIATED WITH THE PLANT ARE NOT BEYOND THOSE STANDARDS. FURTHER THAT IF NOISE PERSISTS TO BE A PROBLEM AT THE PLANT THAT MUFFLERS ARE PLACED ON THE STACK. 5. METALS - THAT LANGUAGE IS ADDED TO THE CONDITIONAL USE PERMIT THAT REQUIRES UPA TO TEST FOR ARSENIC,. BERYLLIUM, CADMIUM, CHROMIUM, LEAD, MERCURY, NICKEL AND SELENIUM. 7. THAT THE NEXT ROUND OF FULL TESTING IS MOVED UP FROM AUGUST TO MAY 14, 1990. THAT THIS ROUND OF TESTING IS DONE WITH A PLANT UP TO 90% CAPACITY, AND THAT THE RENEWAL OF THIS PERMIT AFTER THOSE TEST RESULTS IS AUTOMATIC IF STANDARDS ARE MET FOR EMISSIONS. COMMISSIONER EBERLEY SECONDED THE MOTION. 4-1. COMMISSIONER SCHROEDER VOTED NAY. THE MOTION CARRIED The Planning Commission is also encouraging the City Council to get reimbursement for the cost incurred by having both plants NSP and UPA located in Elk River. Item #2 was not discussed because of the lateness of the meeting. 5. Adjournment There being no further business, COMMISSIONER NADEAU MOVED TO ADJOURN THE 4/10/90 PLANNING COMMISSION MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting adjourned at approximately 12:20 a.m. Respectfully submitted, JAtfMX]~ Sharon Maue Recording Secretary