Agenda - Council - 04/09/1991 - Laserfiche WebLink

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CASE #d~ REQUEST FOR ADJUSTMENT TO ESCROW ACCOUNT CHARGES By: Sandra Ashley Helling, Finance Officer Background: On October 16, 1990 Mr, Glen Rychner of Aluminum Recycling, Inc. applied for a Conditional Use Permit to operate an aluminum processing center at 14280 Sunfish Lake Boulevard. Because of his experience with environmental matters, Mr Mefland Otto of Hakanson Anderson Associates, Inc. performed the staff review. Since initiation, Mr. Rychner has withdrawn the application for this site, and has applied for a CUP at a different location in Ramsey; however, Mr. Rychner is requesting an adjustment to the charges made against the escrow account for the first CUP application. On January 18, 1991, City Staff received a letter from Mr. Rychner regarding charges made to the escrow account for this CUP; a copy of his letter is attached. Mr. Rychner, in his letter or during phone conversations or meetings with staff, has raised the following concerns: 1 ) Application of Ordinance ~0-5 Mr. Rychner feels this application should not have been reviewed subject to the City's Ordinance #90-5 as the proposed aluminum processing and recycling facility is not a "Solid Waste Management Facility." Comparison to a similar business Mr. Rychner has stated his application was reviewed subject to the City's Ordinance #90-5, but the City did not subject Danny's Aluminum's amended CUP application to this same ordinance. It is his position the two businesses would be direct competitors as Danny's Aluminum also accepts scrap metals for recycling from the general public. 3) Time charged for research and interpretation Charges to this CUP escrow account have included Consulting Engineer and City Attorney time required to research or interpret "Solid Waste Management Facility" under the City's Ordinance #90-5. Mr. Rychner maintains such staff time (and its associated cost) was required because Ordinance #90-5 is new, and as such, these costs should be borne by the City - not the first applicant. This case was originally submitted to City Council for the regular meeting of March 26, 1991. At the request of Mr. Rychner, the case was delayed until this April 9, 1991 meeting. Mr..Rychner advised me that he would like to submit some information to the City Council in this regard. As of the time this agenda was closed, this information had not yet been received. When received, it will be delivered to Councilmembers under separate cover. Observations/Information: i I l ) Application of Ordinance #90-5 Attached is a copy of our City Attorney's memo dated December 4, 1990 to the Planning and Zoning Commission regarding Aluminum Processing, Inc.'s CUP which states in part "In my opinion, application of the above term definitions to the proposed CUP requires that the proposed use be termed a Solid Waste Management Facility under Ordinance #90-5." Because of the application withdrawal, this decision was never affirmed by City Council. ! I I I 2) Comparison to a similar business Mr. Rychner informed City Staff that Danny's Aluminum Process, Inc. accepts scrap metals from the general public for purpose of recycling. Due to this, he too should have been subject to Ordinance #90-5 at the time Danny's Aluminum applied for the CLIP amendment in the fall of 1990. Sylvia Frolik, Zoning Administrator, ascertained that Mr. Karst is offering the recycling service to the general public. Mrs. Frolik subsequently informed Mr. Karst that to continue to do so would constitute a violation of his CUP,