2015.05.26 CC Minutes - Laserfiche WebLink

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May 26, 2015 Page 8 of 11 Councilmember Bauman requested further information on Mr. Murlowski's infiltration basins. Mr. Murlowski discussed the infiltration basins on his property. Councilmember Bauman questioned why Mr. Murlowski was hesitant to allow the testing to continue beyond three years. Mr. Murlowski reported this was a cost issue, but stated he would be willing to continue the testing to gain approval form the City. Councilmember Bauman inquired what the City's recourse would be if the infiltration basins were found to be contaminated. Mr. Murlowski reported that he has already agreed to mitigate any spills or contamination. He commented that this language was included in his narrative to staff. Attorney Yarosh reviewed the narrative finther with the Council. Mr. Murlowski reported he would be willing to continue the testing. He requested the City remove the truck trip limitation from the narrative. Councilmember Bauman asked if the City could revoke the Special Use Permit if contamination and spillage continued overtime without being properly mitigation. City Attorney Gilchrest advised that the City could put a stipulation in the permit stating that spillage is not allowed, or shall be properly mitigated and failure to mitigate could result in the revocation of the Special Use Permit Mayor Jacobsen stated he was a corporate environmental manager for 26 years. His job was to keep his corporation within compliance. He supported the proposed testing but believed the City was holding the applicant to a higher standard than was followed by the State, City or County. He expressed frustration that the State was not monitoring the impacts of salt runoff through the City's storm sewer system. He feared how Long Lake and the watershed district was being impacted by salt runoff. Councilmember Bauman discussed the goals of the Metropolitan Chloride Project for the seven county metro area. City Attorney Gilchrest reviewed the conditions regarding salt storage and asked if there was Council consensus. He noted the applicant was requesting a three sided salt storage shed The Council agreed to this request He indicated the applicant was requesting the rail car off loading be allowed to be conducted as quickly as possible taking into consideration the weather conditions and not be limited to six hours. The Council supported the proposed language amendment. He reported the applicant has requested that Item D be deleted. Mayor Jacobsen believed that the truck traffic number should remain flexible. Councilmember Burg agreed and suggested that salt sales be allowed in April as well. The consensus of the Council was to remove Item D. City Attorney Gilchrest questioned how the Council wanted to address Item F. Councilmember Strub was in favor of removing the second sentence in Item F. He believed this sentence was the City trying to micromanage this business. There was Council consensus to remove the second sentence of Item F. City Attorney Crilchrest discussed Item H and suggested that Special Use Permit address the site testing. Councilmember Jacobsen was in favor with annual testing versus periodic, after the first three years. Councilmember Bauman agreed. The Council consensus was to require the applicant to complete annual testing after the first three years and that this concem be addressed within the Special Use Permit. City Attorney Gilchrest asked if the Council was in favor of addressing the total number of Muck trips or deleting the number all together. The Council consensus was to delete the referenced number of truck trips. Councilmember Jacobsen recommended that the site testing language be revised. City Attorney Gilchrest recommended that the language be amended to read testing fug uency will be increased as needed if the site chloride levels rose above baseline levels. Councilmember Bauman inquired if Rush Lake was at risk for contamination. Mr. Murlowski stated that the salt would have to run up hill in order to nun into this lake. Assistant Director of Community Assets and Development/Planning Director Gundlach agreed with this assessment and did not believe that Rush Lake was at risk. Councilmember Jacobsen asked if the Council was interested in requiring additional testing if the property were to clmange ownership. Mayor Jacobsen believed this would be handled through due diligence ofthe new property owner. City Attorney Gilchrest reported that it would be odd to fie the site testing to ownership. The Council was in favor of requiring continued annual testing. City Manager Lotter thanked City Attorney Gilchrest for walking the Council methodically through the revisions. He encout aged the Council to take action on the request at this time.