2015.04.28 CC Minutes - Laserfiche WebLink

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April 28, 2015 Page 7 of 1 1 Planning Director Gundlach commented lastly, MPI made a claim on January 16, 2015 that the City is unable to enforce zoning rules over their 17 acre expansion property because of a federal preemption under the Interstate Commerce Commission Termination Act of 1995. This was a serious claim and after reviewing the letter dated 1 -16 -2015 the City took the position that no land use approvals would be granted for the expansion property because the cumulative impact of railroad uses and uses permitted under the City's ECOA zoning district were too intensive for the property and the characteristics of surrounding property. Because MPI wishes to expand their aggregate crushing /recycling operation, permitted via the ECOA zoning district, onto the expansion property both the City and MPI agreed to resolve both parties concerns by a Land Use Agreement. This agreement states that in exchange for City granting of certain land use approvals, MPI will waive their right to assert federal preemption under the Interstate Commerce Commission Act of 1995. It is important this agreement is signed prior to Council consideration and as of the date of this memo, MPI had not yet signed the agreement. Staff explained that the Planning Commission recommended approval of staff's recommendation, with amendments. These amendments would allow for a fully enclosed salt shed that be no more than 10,000 square feet. In addition, MPI would include the salt pile in the total pile percentage allowed onsite, and could have no more than 13,500 tons of road salt annually, which would not allow the salt storage and transfer facility use. Staff requested the Council discuss the request, make a recommendation on the salt storage issue and approve the Land Use Agreement with Murlowski Properties, Inc. Mayor Jacobsen questioned the difference between staffs recommendation and the Planning Commission's recommendation to Council. Planning Director Gundlach explained that the difference centered on whether or not the Council wanted to allow the salt storage and transfer facility. The Planning Commission voted to allow this use subject to conditions. Staff was recommending that the salt storage and transfer facility not be allowed. She reported that staff made this recommendation based on the fact that the environmental impacts were unknown and this was in an environmentally sensitive area. In addition, truck trips and noise from the site would increase. She commented that the salt shed would at to the unsightliness of the overall pile storage on site. Staff had concerns with how to effectively enforce a 13,500 ton salt annual allowance. Councilmember Burg thanked staff for the thorough report. She questioned how staff s concerns would be addressed by the applicant Mike Murlowski, MPI, understood his request was oven vhelming. He broke down his request and addressed the road salt sales. He indicated he has been selling road salt since he moved into New Brighton in 1992. He explained that his business has grown from two employees to over 100. He commented that the proposed road salt sales would assist his business in the winter months. He reported that road salt was delivered and loaded in the same manner as the other minerals he sold. He discussed the 14 month approval process he went through with the Rice Creek Watershed District and clarified that road salt was not deemed a contaminant He discussed how municipalities use road salt on streets through the winter months. Councilmember Burg appreciated this information and asked for further clarification on how the road salt would be brought and transferred to and from the site. Mr. Murlowski indicated the salt would be stored in a shed with a hard surface floor. He understood he would be limited to 13,500 tons of road salt from November through Mauch. He estimated this would equate to 120 tracks per month or six trucks per day. He reported he would be happy to provide the City with delivery tickets from the railroad to ensure that he was 1vmaining within the 13,500 ton limit He indicated that his hours of operation would not change. He discussed how the salt would be unloaded and conveyed into the salt storage shed. It was his opinion that he would not be f eneinting a large amount of noise from coupling and uncoupling the rail cars. He explained that the expanded use would allow him to improve his winter business. Mayor Jacobsen asked if rail cars were not used to bring in the road salt, how would the salt be brought to the site. Mr. Murlowski commented that this would require the number of truck trips to double to and from the site. He reported that the rail cars were a more economical option. Councilmember Strub requested further information on the Rice Creek Watershed's findings. Planning