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HomeMy Public PortalAbout1988-039Member its adoption: g%7d e introduced the following resolution and moved CITY OF MEDINA RESOLUTION NO. d,�"--39 RESOLUTION REVOKING A CONDITIONAL USE PERMIT FOR TUPCO, INC. WHEREAS, on June 26, 1984, the Medina City Council adopted Resolution No. 84-42 granting a conditional use permit to Tupco, Inc. (Tupco) for the opera- tion of a wood chipping business at 4300 Willow Drive (Property), which busi- ness was described in a document entitled "Proposal for a Tree Utilization Site" submitted by the applicant and upon which the City relied; and WHEREAS, in late 1984 the occurrence of a fire and the accumulation of a large amount of unprocessed tree material on the Property prompted the City to restrict the delivery of additional trees to the Property until the site was cleaned up; and WHEREAS, on November 5, 1985, the City Council adopted Resolution No. 85-118 granting a revised conditional use permit (CUP) to Tupco; and WHEREAS, the CUP contained 14 conditions regarding the nature and opera- tion of the business; and and i WHEREAS, Tupco, Inc. is presently owned by Mark and Dave Pieper (Owners); WHEREAS, in late 1986 the City notified Tupco of its intent to revoke the CUP because of Tupco's failure to complete construction of a berm on the Property; and WHEREAS, since July 1987, the City has on several occasions notified the Owners of violations of the terms of the CUP or of the existence of a nuisance on the Property and has ordered the Owners to cease such violations and present plans to the City to remedy such conditions; and WHEREAS, the Owners have neither corrected the violations nor submitted a comprehensive proposal to correct the problems which is satisfactory to the City; and WHEREAS, the City Council has caused the Owners to be notified of its intent to consider revocation of the CUP and the City has conducted a hearing on the matter at which time all persons wishing to express an opinion or present information to the City Council were given an opportunity to do so; and WHEREAS the City Council has thoroughly reviewed the facts regarding the Property and the CUP and has considered the comments received by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, that the Council make the following findings: 1. In 1984, 1986, 1987 and 1988 conditions on the Property prompted the City to consider actions to enforce its ordinances and the terms of the CUP. 2. The Owners are storing large quantities of material on the Property which they have not or can not process, which material consists of unsorted tree parts and debris not associated with trees. Such materials continue to accumulate with little material being removed from the Property. 3. A fire began on the Property on July 2, 1987, which required 12 fire companies almost 12 hours to contain. The fire continued to burn inter- mittently for approximately three weeks thereafter despite the efforts of the Owners to extinguish it and despite the occurrence of the torrential rain storm of July 23-24, 1987. There had also been three or four small fires on the Property prio- to -he Ju'.; fire. 4. The Property contains a large accumulation of unsorted and unprocessed material which is not screened from view from adjacent properties and roadways. 5. The Owners have failed to confine unprocessed material to the location designated on the storage area site plan attached to the CUP. 6. The Owners have failed to remove the fill or other materials placed in •the wetlands beyond the line designated on the wetlands site plan at- tached to the CUP. 7. The Owners have conducted business operations at the Property on Sundays. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Medina, Minnesota as follows: 8. The Owners are operating a business on the Property which is materially different from and exceeds the scope of the one permitted by the CUP. 9. The Property constitutes a fire hazard because of the large accumulation of combustible materials and the difficulty of fighting a fire on the site due to the lack of fire lanes or fire hydrants. 10. The operation of the business constitutes a nuisance within the meaning of Section 330 et seq. of the Medina City Code. 11. The use of adjacent properties is adversely affected by the unsightly manner in which the Property is maintained in violation of Sections 825.39, subds. 1 and 10 of the Medina City Code. 12. The Owners are in violation of conditions 4, 11 and 12 of the CUP. 13. For the above reasons, Resolution No. 85-118 is rescinded and the CUP is hereby revoked. 14. The City hereby adopts the items outlined in Exhibit A attached hereto and incorporated herein by reference as the terms and conditions under which the City would be willing to allow continued use of the Property by the Owners. 15. The City Clerk -Treasurer is directed to transmit a copy of this resolu- tion to the Owners and city staff and consultants are hereby authorized and directed to take any and all actions reasonably necessary to enforce this order, including the initiation of legal proceedings in the name of the City. Dated: , 1988. Thomas Ander ayor ATTEST: Donna Roehl, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member JagA(vy voted in favor thereof: and upon vote being taken thereon, the following and the following voted against same: Whereupon said resolution was declared duly passed and adopted. RES4:045RE134.E40 EXHIBIT A 1. Tupco, Inc. (Tupco) shall implement a plan to screen views of the prop- erty from adjacent land or roadways to the north, east and south of the site to a minimum height of 6 feet. The plan may include the use of earth berms, fencing and landscaping in such combination and amounts as is in compliance with these requirements and is acceptable to the city zoning administrator. If berms are constructed, they shall utilize a slope of 3:1 and have a minimum width of 20 feet at the top. No wood chips, brush or tree parts (collectively, Product) may be used in the construction of the berms. 2. Product may be stacked on site no higher than that which will be screened by the berms from view from adjacent properties and roadways. Raw material shall be processed in an orderly and regular manner to create Product. Product shall be neatly stored in the permitted area and shall be transported off site on a regular basis to prevent the accumulation of excess Product. If excess raw material or Product accumulate on site, no additional raw material or Product may be brought to the site until the excess accumulation is removed from the site. 3. Tupco shall construct a fire lane around the perimeter of the site adjacent to and within the berm and through the center of the site. The fire lane shall be a minimum of 50 feet in width with a minimum paved surface of 20 feet in width. The fire lane shall be surfaced with a non-combustible material capable of supporting heavy fire fighting equipment and which is acceptable to the fire marshal. 4. Within 90 days of the availability of water to the site, Tupco shall install fire hydrants on site in such locations that no portion of the area in which raw material or Product is stored shall be more than 150 feet from a hydrant. A hydrant shall also be located within 150 feet from any equipment or machine producing shavings or sawdust. 5. Tupco shall arrange and organize the Product on site in such manner as to facilitate fire fighting efforts. 6. Tupco shall submit to the City a performance bond in the amount of $100,000 conditioned upon completion of site work required by this conditional use permit. 7. Tupco shall conduct its operation in a manner which conforms to all other city, state and federal regulations, including MPCA noise regulations. Tupco shall not permit the site to be used as a dump or disposal site for raw material or Product. 8. Tupco shall limit its hours of operation to 6:00 a.m. to 8:30 p.m., Monday through Saturday. 9. Tupco shall install security lighting on the site which is properly shielded from glare. 10. A11 equipment and structures on site shall meet the setback requirements for buildings within the zoning district in which the property is lo- cated. 11. Any sawmill operation which is conducted on site shall take place on the 100' x 60' existing slab and said area shall be enclosed within a build- ing within 90 days of the initiation of the sawmill operation. 12. In accordance with the variance previously granted by the City, Tupco shall install a holding tank approved by the building inspector on site within 90 days of the date water is available to the property. 13. Tupco shall not place or store any Product in the area on site delineated by the City as wetlands and shall remove any Product currently within the wetlands. Res4:045EX134.EX2