5.3. SR 09-20-1993
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Iii( River
ITEM 5.3
TO:
MAYOR AND CITY COUNCIL
FROM: STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR 5-~
DATE: SEPTEMBER 20, 1993
SUBJECT: CUSTOM MOTORS
ENVIRONMENTAL REVIEW
On September 1, 1993, John Lichter, City Environmental
Consultant, and I reviewed the Custom Motors site. It is
John's preliminary opinion that although there is staining of
the soil from petroleum hydrocarbons at the Custom Motors site,
it probably does not pose an eminent problem. However, further
testing will be needed to confirm whether immediate action is
needed. Staff is recommending a more intensive Phase II
Environmental Review.
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The two most immediate issues for Custom Motors are the
environmental review and screening. Due to the cost of the
screening and the limited funds Custom Motors has to accomplish
it, staff recommends the City do the environmental review as
stated in Pat Klaer's attached memo. A proposed work plan from
John Lichter is also attached. Custom Motors has agreed to
allow the City to do this testing. Of course, any
environmental clean-up will be the responsibility of Custom
Motors and the City will not incur any liability by doing the
testing. This testing could be accomplished in late September
or early October, if the City Council gives their approval.
SCREENING
Staff has visited at length with the owners of Custom Motors
regarding screening. Custom Motors is proposing an 8 foot high
chain link fence with material woven through the holes to
provide screening. On the east side there is currently an 8
foot high chain link fence the full length of the property. It
only needs the material woven into it. On the west side,
however, the chain link fence is six feet high and is in ill
repair. This portion of the chain link fence will need to be
replaced. Custom Motors is proposing earthtone brown for the
color of the woven material in the chain link fence. Staff is
further recommending that natural vegetation is left and
additional spruce are planted to help break up the outline of
the fence.
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Although Custom
their property
Motor's total site contains less than 8 acres,
is long and narrow, and over 1/2 mile of
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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Custom Motors Memo
September 20, 1993
Page 2
screening is needed. This distance makes any type of screening
expensive.
FUTURE OF THE CUSTOM MOTORS SITE
The Custom Motors site is situated within the City sewer and
water district. Future residential growth adjacent to Custom
Motors is inevitable. Staff feels that a rezoning of Custom
Motors to a single family zoning designation, which would be
consistent with the land use map, is appropriate. This
rezoning would start an amortization period.
If Custom Motors is to relocate, the City should consider how
much money should be put into screening. Staff is trying to
assist Custom Motors economically. We have contacted MnDot and
MPCA trying to look for funding. Staff will elaborate more on
this at Monday night's meeting. Some type of City funding may
also need to be explored. Joe and Sandy Roy, have indicated
they will be at Monday night's meeting to address these issues
with the City Council.
A.I ~(
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fiil River
ITEM 5.3.
TO:
MAYOR & CITY COUNCIL
FROM:
PAT KLAERS, CITY ADMINISTRATOR
DATE: SEPTEMBER 16, 1993
SUBJECT: CUSTOM MOTORS ENVIRONMENTAL REVIEW
The City Council has expressed concern over the status of
Custom Motors at a number of previous meetings. Custom Motors
is located north of Highway 10 and south of the Elk River on
the west side of the City. Proper zoning of this area,
screening of this business, a possible amortization schedule
for this business once rezoning takes place, and an
environmental review of this property have all been discussed
to some degree by the City Council in the last year. This
business has a long history in the community, and Mayor
Duitsman recalls issues at this site being discussed in the
early 1980's.
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At this time, staff would like the City Council to consider an
environmental work plan. This work plan from B.A. Liesch and
Associates is attached for your review. Custom Motors owners,
Joe and Sandy Roy, have agreed to allow the City to conduct
environmental work on their site. Staff is recommending that
the City finance this environmental work and that the City use
its landfill fund that is dedicated toward environmental issues
and waste abatement purposes for this project. The City has
financed environmental reviews of various sites from this fund
a number of times over the past five years and this Custom
Motors work program is consistent with the type of activities
that we have done on private property in the past. The City
appreciates the cooperation of the owners in allowing this
environmental work to be completed and staff recommends
approval of the attached work plan and also recommends that
this work program be financed from the City landfill fund which
is dedicated toward environmental issues.
On 10/18/93, staff anticipates presenting more information
regarding this business and continuing the discussion with the
City Council on such things as zoning and screening of this
area.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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SEP 6 199]
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B.A. LIESCH ASSOCIATES, INC. 13400 15TH AVE. N. MINNEAPOLIS, MN 55441 612/559-1423 FAX: 612/559-2202
MEMORANDUM
TO:
STEVE ROHLF
FROM:
JOHN LICHTER 94,
SEPTEMBER 2,1993
DATE:
RE:
CUSTOM MOTORS; PROPOSED WORK PLAN
Background and Objective
This work plan has been formulated to provide an environmental screening of the Custom
Motors site legally described as 7.88 acres consisting of the W245.31' of the E273.81'
of the S 1,400' of the W 1/2 of the W 1/2 of the NE 1/4, Section 31, T33N, R26,
hereinafter referred to as "the Property". The Property is being considered for a zoning
change from agricultural to residential. This work plan is developed to assess whether
or not environmental impairment is present on the Property and the likely extent of any
such impairment. Further, a baseline of environmental conditions is desired to help
assess existing and possible future use of the Property.
Custom Motors operates as an automobile salvage yard. Vehicles are received, drained
of fluids, inventoried, further disassembled or stored. Approximately 100 vehicle bodies
are flattened and removed from the Property on a monthly basis. No appliances are
accepted for processing. Recovered fluids are stored in drums and shipped off-site for
re-use or disposal. Recovered engine oil or waste oil is used on the Property to operate
a used oil furnace. Batteries, tires and other salvaged parts are stored until truck load
quantities are reached then shipped off-site for further processing. The Property has
reportedly been used for this purpose for more than 30 years.
Walk-Over Survey
On September 1, 1993, we met with Joe and Sandy Roy and completed a brief walk-over
survey of the Property. With respect to environmental concerns, the following items
e were noted:
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Page 2
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· Some areas of the Property had moderate to significant oil staining of surficial
soils although this was not extensive throughout the Property. Oil staining was
concentrated in vehicle processing areas, engine and transmission storage areas.
· A stormwater NPDES permit has reportedly been filed for and obtained although
the Stormwater Pollution Prevention Plan has not been completed yet.
· One aboveground fuel storage tank was observed. No underground storage tanks
are reported to exist.
Proposed Investigation
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To assess environmental conditions at the Property, a series of shallow powered auger
borings are proposed to determine the depth of petroleum product impacts in areas with
stained soils. A portable photo ionization detector used to monitor organic vapor
commonly associated with petroleum product releases, will be used to monitor soil
conditions with depth in the field. Selected samples will be prepared and retained for
laboratory analysis. Constituents selected for laboratory analysis include but are not
limited to diesel range organics (DRO) , total recoverable petroleum hydrocarbons
(TRPH) , polychlorinated biphenyls (PCBs) and lead. A memorandum report
summarizing data collected for the Property will be prepared and submitted. Based on
the initial findings, additional investigative work may be necessary to characterize the
Property. Table 1 summarizes tasks and costs anticipated with this work plan.
maw:bdmem09293. wp/GO
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B.A. LIESCH ASSOCIATES, INC.
13400 15TH AVENUE NORTH
MINNEAPOLIS, MINNESOTA 55441
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TABLE 1
OPINION OF EXPECTED COSTS
ENVIRONMENTAL ASSESSMENT
CUSTOM MOTORS, ELK RIVER, MINNESOTA
Proj ect Proj ect
Task Manager Engr/Geol. Tech. OericaJ.
Site Safety Plan 2
Advance Shallow
Borings 16
Assess Analytical 4
Data
Prepare Report 1 8 4 2
Professional Fees:
Project Manager
Project Engineer/Geologist
Technician
Clerical
1 hour @ $104/hour
30 hours @ $70/hour
4 hours @ $32/hour
2 hours @ $25/hour
$ 104
$2,100
$ 128
$ 50
$2,382
Laboratory Fees:
5 soil samples - DRO or TPRH, PCB, Pb @ $200/each
$1.000
$3,382
maw:bdmemo9293. wp/GO
B.A. LIESCH ASSOCIATES, INC.
13400 15TH AVENUE NORTH
MINNEAPOLIS, MINNESOTA 55441
Elk River city Council Meeting
September 20, 1993
Page 3
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it is felt that use of the site through the application method will
give an assessment as to the tyPes and amounts of household hazardous
waste expected to be received.
Refuse Hauler Contract
Gary Schmitz informed the Council that on November 1, 1993, the City of
Elk River's three year contract for refuse and recycling service will
expire. Staff is in the process of renegotiating the contract and will
formally present the contract to the Council when negotiations have
been completed.
5.2. Boelter/Refuse and Garbage Appeal Board
Gary Schmitz indicated that Mrs. Lester Boelter appeared before the
Refuse and Garbage Appeal Board on August 10, 1992, requesting an
exemption from mandatory refuse and recycling service due to financial
hardship and the fact that very little refuse is generated. Gary
Schmitz indicated that the Garbage Appeal Board voted to deny the
request. Gary Schmitz further indicated that staff is appealing the
decision of the Appeal Board to the City Council per the applicant's
request.
Roger Holmgren arrived at this time (6:20 p.m.)
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Councilmember Holmgren suggested the appeal be denied as a precedent
would be set if it were granted. Gary Schmitz stated that the City
offers a bi-weekly refuse program to assist residents in this situation.
COUNCILMEMBER DIETZ MOVED TO DENY THE
MANDATORY REFUSE AND RECYCLING SERVICE
COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
APPEAL FOR AN EXEMPTION FROM
FROM MRS. LESTER BOELTER.
THE MOTION CARRIED 5-0.
5.3. Custom Motors Environmental Review
Steve Rohlf, Building and Zoning Administrator, updated the Council on
the Custom Motors site. He indicated that the two most immediate
issues for Custom Motors are the environmental review and screening of
the property. Steve Rohlf indicated that Environmental Consultant,
John Lichter, has proposed a work plan for an environmental review
which will cost approximately $3,400. He recommended that the City pay
for the testing, however, any environmental clean up would be the
responsibility of Custom Motors.
Mayor Duitsman indicated that screening of this site has been an issue
since the early 1980's. In 1984, the Council requested that the site
be screened. Sandy and Joe Roy, owners of Custom Motors, indicated
that they did not own the property at that time and had not been
informed of the screening issue.
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Steve Rohlf, Building and Zoning Administrator, indicated that
a half mile area that needs to be screened. Mayor Duitsman
that he was in favor of the City paying for the environmental
He suggested that when the testing is complete and it
there is
indicated
testing.
has been
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Elk River City Council Meeting
September 20, 1993
Page 4
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determined whether or not the owners will stay at the location, then
screening should be determined at that time. Steve Rohlf explained
that staff is presently exploring options such as assisting with the
relocation, environmental clean up, and MnDOT assistance.
COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE ENVIRONMENTAL TESTING TO BE
PAID BY THE CITY AND THAT A DECISION ON SCREENING BE MADE IN MAY OF
1994. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
Mayor Duitsman indicated he would like to see the screening issue taken
care of prior to May.
COUNCILMEMBER MOVED TO AMEND HER MOTION TO MAKE
SCREENING IN APRIL OF 1994. COUNCILMEMBER
AMENDMENT. THE MOTION AS AMENDED CARRIED 5-0.
A DECISION ON
FARBER SECONDED
THE
THE
5.4. Above Ground Storage Tank/Bill Dickenson
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Gary Schmitz stated that Bill Dickenson, owner of a bus terminal
located at 19101 Jackson Road, is requesting to add a 10,000 gallon
insulated, double wall, above ground storage tank to his bus terminal.
He indicated that the tank will replace two underground storage tanks.
Gary Schmitz indicated that the State Fire Marshal requires a state
variance for any tank larger than 6,000 gallons. Gary Schmitz
indicated that Bill Dickenson is requesting a 10,000 gallon above
ground storage tank because the tank would be portable and would be
easier to move if he relocates. He further indicated that an above
ground tank would be easier to spot environmental problems and that
there are new laws requiring underground storage tanks to meet state
standards. Gary Schmitz indicated that staff is recommending approval
of Mr. Dickenson's request.
Councilmember Holmgren questioned whether the state requires fencing of
above ground tanks. Gary Schmitz indicated he was not sure, however he
would check into the matter.
COUNCILMEMBER DIETZ MOVED TO AUTHORIZE A 10,000 GALLON
DOUBLE WALL, INSULATED STORAGE TANK TO BE ALLOWED
DICKENSON'S PROPERTY LOCATED AT 19101 JACKSON ROAD WITH
STIPULATIONS:
ABOVE
ON
THE
GROUND,
MR. BILL
FOLLOWING
1. THE TANK MUST BE LOCATED 50 FEET FROM ANY BUILDING.
2. THE TANK MUST BE LOCATED 50 FEET FROM ANY TYPE OF DISPENSER.
3. THE TANK MUST BE LOCATED 50 FEET FROM ANY PUBLIC RIGHT-OF-WAY.
4. THE TANK MUST BE LOCATED 100 FEET FROM ANY PROPERTY LINE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
e 5.5. Discussion Regarding Removal of Existing Fence on Residential Property