Agenda - Parks and Recreation Commission - 12/13/1990

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property which are later dismantled and used as feedstock for his operation, The storage is currently not covered by the existing CUP and does not conform to City requirements for exterior storage. Mr. Otto informed the Council that the buses were on the property at the time it was acquired by Mr. Karst and that the problem would be rectified. Mx. Otto stated that the building's electrical wiring is not up to code. The City's building inspector has indicated that he has discussed this issue with the state electrical inspector, and that action is still pending. Mr. Karst answered that thc electrical work is approximately half completed m:d he will suppl.,,' an affidavit to the CiD' when the work is completed and it is approved by the state electrical inspector. Mr. Otto explained that Mr. Karst is requesting that a new CUP be issued (or the existing one modified) to allow for the operation of a second furnace and to modify the emissions testing requirements. He stated that the Planning and Zoning Commission held a public hearing on October 2, 1990 and adopted findings of fact and recommended approval of a CUP for the expanded operation on October 16, 1990 on a 3~ vote. Mr. Otto explained that in March, Mr. Karst will be submitting another site plan. If he hasn't addressed the aforementioned concerns at that time, he will have until June, 1991 to come to compliance with these terms. Mr. Otto stated the new CUP should be issued which addresses the following: 1) yearly emissions testing until such time that complaints or incident reports are fewer than on year on average; 2) modify the emissions testing to include at a minimum particulates, opacity and VOC's, however, if afterburners need to be installed, this could eliminate emissions testing; 3) the permit h older petitions for connection to City sewer within 30 days; 4) the permit holder submits a site plan for the use of Lots 2 and 3 by December 30, 1990 or alternatively screens the bus storage area from public streets by June 1, 1991 in accord with a screening plan approved by the City; 5) an emissions test be completed by December 30, 1990; and 6) that the City has the right to test suspect emissions discharges (at the time of a complaint or incidental report) and bill the permit holder for reasonable associated direct costs. With regard to the police incident reports, Councitmember Peterson asked what time of day most of the violations or incidents occurred. Mr. Karst answered that 99% of the incidents occurred at night. Due to poor lighting, the furnace operator is not able to pick the proper material. He explained that he is working on the lighting problem and also there was one employee who seemed to be a problem and he has since been dismissed from his employment. Councitmember Peterson expressed concern with regard to what would happen if the emissions test to be completed by December 30, t990 shows emissions higher than acceptable. Mr. Otto stated that it would then be up to the Council again to take action to address the issues and/or be~n revocation. Upon inquiry, Mr. Otto stated that he envisioned an independent lab would be hired to do the emissions testing and that the CiD' would receive a copy of the results. If there is a problem with the test, it would be expected that the lab would make recommendations on how to correct it. If the problem is too difficult to take care, Council could consider revocation. If the problems are correctable, then Council would probably want to set a rime limit for the issue to be corrected. Councilmember Peterson asked what routines were done to make sure the system is in proper working order other than the once a ,,,ear test prev/ously discussed. ~Lr. Karst answer~ tha: ex,em' morning a maintenance eerson d~s a basic mechanical res:. City Council/November 13, 1990 Page ': of !5 V'v.x t