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Council Meeting Minutes September 28, 1993 Page 6 Council Business. continued Gunderman asked if this request is an expansion of the business. Mattila said it is a business expansion in a sense that they are replacing and upgrading the maintenance facility, but also accomplishing some mediation requirements. Benke asked what is the duration of the pumping and cleaning operation. Mattila said the operations would continue for an extended period of time. Darryl Thinghold, Bell Pole, said the Rice Creek Watershed District recommended: Rice Creek Watershed and City Engineer approval of the grading and drainage plan, silt fence during construction, and $250,000 surety bond. Bell Pole feels it would be an undue hardship to meet the 40 ft. setback requirement because they would lose about 40% of their storage space. In order to run the business and the clean-up process, they hope Council will reconsider the setback requirement. G. Robert Johnson, Bell Pole Attorney, said Bell Pole cannot agree to the setback requirement because of lost storage space and the need to accomplish remedial efforts. He said the fence on 1 st St. was installed on request from the City. The project has received accolades from the State, and he is unsure what the Barr Engineering study contains. Community Development Director Kevin Locke has not reviewed the Barr study, but feels it may contain issues of immediate impact to the City in regards to fencing and setbacks requirements. Staff had hoped to meet with Bell Pole representatives before the meeting to discuss the setback requirements, but did not get that opportunity. City Attorney Charlie LeFevere said the moratorium allows for Council to consider remediation projects. Remediation projects should not be delayed, but in this case it appears relevant that the Barr study should be reviewed. The Barr study may show that existing building codes are inadequate in regards to fire protection. Benke noted that the main concern which was voiced when the moratorium ordinance was established was that any changes made to a site required a remediation plan. In this case, Bell Pole has proposed a plan which appears to be consistent with the approved remediation plan. Staff recommends approval of the site plan and non-conforming use permit based on the requirement that the fences and exterior storage areas be moved back. In order to review the environmental study, staff recommends continuation to October 12. Rebelein commended Bell Pole for their responsible position in regards to remediation and business membership in the City. She feels it is appropriate to defer the issue for two weeks, and requested staff to investigate the fencing issue. She noted that the fence has been well maintained, but would like to some shrubs replaced. Council Business I Bell Pole Nonconforming Us Permit Report 93-273 I I