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