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Mr. Otto stated there were six police incident repons related to excessive smoke emissions or open <br />burning. In December, staff met with Mr. Karst in an effort to alleviate the problems. Since that <br />time, five incident reports have been filed and one complaint was received. He also explained that <br />the applicant has acquired Lots 2 and 3 north of the existing parcel. There are buses stored on the <br />property which are later dismantled and used as feedstock for his operation. The storage is <br />currently not covered by the existing CUP and does not conform to City requirements for exterior <br />storage. Mr. Otto informed the Council that the buses were on the property at the time it was <br />acquired by Mr. Karst and that the problem would be rectified. Mr. Otto stated that the building's <br />electrical wiring is not up to code. The City's building inspector has indicated that he has <br />discussed this issue with the state electrical inspector and that action is still pending. <br /> <br />Mr. Karst answered that the electrical work is approximately half completed and he will supply an <br />affidavit to the City when the work is completed and it is approved by the state electrical inspector. <br /> <br />Mr. Otto explained that Mr. Karst is requesting that a new CUP be issued (or the existing one <br />modified) to allow for the operation of a second furnace and to modify the emissions testing <br />requirements. He stated that the Planning and Zoning Commission held a public hearing on <br />October 2, 1990 and adopted findings of fact and recommended approval of a CUP for the <br />expanded operation on October 16, 1990 on a 3/2 vote. Mr. Otto explained that in March, Mr. <br />Karst will be submitting another site plan. If he hasn't addressed the aforementioned concerns at <br />that time, he will have until June, 1991 to come to compliance with these terms. Mr. Otto stated <br />the new CUP should be issued which addresses the following: 1) yearly emissions testing until <br />such time that complaints or incident reports are fewer than on year on average; 2) modify the <br />emissions testing to include at a minimum particulates, opacity and VOC's, however, if <br />afterburners need to be installed, this could eliminate emissions testing; 3) the permit h older <br />petitions for connection to City sewer within 30 days; 4) the permit holder submits a site plan for <br />the use of Lots 2 and 3 by December 30, 1990 or alternatively screens the bus storage area from <br />public streets by June 1, 1991 in accord with a screening plan approved by the City; 5) an <br />emissions test be completed by December 30, 1990; and 6) that the City has the right to test suspect <br />emissions discharges (at the time of a complaint or incidental report) and bill the permit holder for <br />reasonable associated direct costs. <br /> <br />With regard to the police incident reports, Councilmember Peterson asked what time of day most <br />of the violations or incidents occurred. <br /> <br />Mr. Karst answered that 99% of the incidents occurred at night. Due to poor lighting, the furnace <br />operator is not able to pick the proper material. He explained that he is working on the lighting <br />problem and also there was one employee who seemed to be a problem and he has since been <br />dismissed from his employment. <br /> <br />Councilmember Peterson expressed concern with regard to what would happen if the emissions <br />test to be completed by December 30, 1990 shows emissions higher than acceptable. <br /> <br />Mr. Otto stated that it would then be up to the Council again to take action to address the issues <br />and/or begin revocation. <br /> <br />Upon inquiry, Mr. Otto stated that he envisioned an independent lab would be hired to do the <br />emissions testing and that the City would receive a copy of the results. If there is a problem with <br />the. test, it would be expected that the lab would make recommendations on how to correct it. If the <br />problem is too difficult to take care, Council could consider revocation. If the problems are <br />correctable, then Council would probably want to set a time limit for the issue to be corrected. <br /> <br />Councilmember Peterson asked what routines were done to make sure the system is in proper <br />working order other than the once a year test previously discussed. <br /> <br />City Council/November 13, 1990 <br /> Page 6 of 16 <br /> <br /> <br />