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HomeMy WebLinkAbout1979 01-18 CCM Special Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JANUARY 18, 1979 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Dean Nyquist at 7:35 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, Director of Planning and Inspection Ron Warren, and City Sanitarian Tom Heenan. Mayor Nyquist reported that Councilmember Fignar had informed him that he was unable to attend this evening's special meeting and was, therefore, excused. RESOLUTION NO, 79 -42 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROCLAIMING THE WEEK OF JANUARY 21 THROUGH JANUARY 27, 1979 AS JAYCEE WEEK IN BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: ncne, whereupon said resolution was declared duly passed and adopted. STATUS REPORT ON H INC. FIRE Mayor Nyquist stated that the reason for this evening's special City Council meeting was to give a status report on the Howe, Inc. fire. He explained that the City Manager would give such a report and that later in the meeting persons in attendance would be given the opportunity to direct questions regarding the Howe fire and the current situation to the City Council. Mayor I%Tyquist then recognized the City Manager who proceeded to update the City Council and those in attendance as to the status of the cleanup operation since the January 6, 1979 fire at Howe, Inc. He explained that the fire had destroyed an approximate 74 x 217' building and reported that there has been daily meetings involving state, federal, and local agencies involved in the cleanup operation. He pointed out that the cleanup is being coordinated by the Minnesota Pollution Control Agency Spills Division. He added that there has been much analysis and study of the cleanup operation which involves various tests to determine the extent of pollution problems caused by the various 1 -18 -79 -1- chemicals stored on the property that were spilled. He further stated things have been in a state of constant change due to the fact that the analysis of the ground and snow samples on the site has taken considerable time. The City Manager reported the State Health Department, as a precautionary measure, had ordered that all homes in the area having their own wells, be hooked up to City water immediately. He stated the Health Department has also tested the wells in the area and so far all tests have proven negative. He reiterated this was only a precautionary measure and that there will be periodic tests of these wells in the future to determine if there has been any contamination from the chemicals. He added that the Health Department has stated these wells should not be used, even for irrigation purposes, until the residents have been notified that they are safe for use. He estimated this may be some time in May. The City Manager next reviewed a transparency showing the location and configuration of the Howe, Inc. site and surrounding areas. He pointed out the areas where blocking had taken place to avoid runoff of the chemicals due to water being used to control and put out the fire. He reported that snow, ice and some ground have been removed in the area across Brooklyn Boulevard east of the Howe site. The City Manager next reported that Howe, Inc. has requested a permit to erect a temporary structure to be used for salvage and cleanup purposes associated with the fire damaged building. He explained the building to be erected is strictly Lerllporary ana woula De loCclLea between the [JUCdcU blleu al1CI (.ile EIOVVU WILUC 1lUL!diIIly and would be approximately 24' x 60' in size. He briefly reviewed the conditions under which the temporary building was approved which include the following: First, that the building is acknowledged as being temporary in nature and is to be used only in conjunction with carrying on salvage operations, that any other use of the building is expressly prohibited; second, there shall be no storage of chemicals in the temporary building and storage of any materials or work associ- ated with the salvage operation shall be subject to the review and approval of the Fire Chief; third, that the temporary building shall be dismantled and completely removed from the premises on or before May 1 , 1979; and fourth, that -a $5, 000 performance guarantee will be posted to assure the removal of the temporary building. The City Manager pointed out the City has not received a request by Howe, Inc. to rebuild the structure which was destroyed by fire. The City Manager went on to report regarding the types of chemicals that were on the site and were affected by the fire. He stated that basically there were two primary chemicals, herbicides and insecticides. He stated that it has been determined that all of the chemicals on the site are biodegradable but that the agencies involved in the cleanup had assumed the worst at first when they were preparing their plans for attacking the cleanup problem, , The City Manager next reported that the State of Minnesota has established a "revolving fund" for the purpose of paying for the cleanup operation and noted that the materials to be disposed of will in all likelihood be hauled away to a landfill for disposal but that the State is also looking at the safest and least expensive means of removing the chemicals from the site. He added that Howe, Inc. x 1 -18 -79 -2- has posted $10, 000 to be used primarily for cleaning up the Soo Line property which contained some chemicals from the fire. He added that chemical companies are in the process of removing chemicals that were not spilled but were affected by the fire. He added that the best information available indicates there were fewer insecticides, which are potentially more dangerous to humans, on the site than had originally been estimated. He noted that the State will in all likelihood .attempt to recover the costs incurred for the cleanup operation. In response to an inquiry by Councilmember Kuefler regarding the effect of spilled chemicals and debris, the City Manager responded that the State now knows the extent of the chemicals affected by the fire, where they did not know this informa- tion shortly after the fire. He pointed out that a number of snow samples have been taken in the area which indicate minute chemical traces. Also in response to an inquiry from Councilmember Kuefler, the City Manager stated that the chemical companies are removing only those chemicals that were affected by the fire that are still in containers and that they are only removing chemicals from the fire debris. Councilmember Lhotka inquired as to what tests still remain to be completed The City Manager responded that the State will be monitoring ground water and runoff in the vicinity of the Howe site and the Pollution Control Agency will continue to analyze the area affected by the chemicals. He pointed out the State Health Department will also continue to monitor the effect of the chemicals on wells in the area and that additional tests will be made. He noted that because the chemicals on the site are biodegradable and have a short life C�ifl :a l;y, ally 1JVJJLIJIC QUVCIJC Q1ICVLJ V11 L11C %J1VU11U VVQLCl Q1C JV111CVV11QL minimized, In response to an inquiry by Councilmember Scott the City Manager stated there is no possibility of the chemicals backing up into Ryan Lake because Ryan Creek runs away from this site and not toward Ryan Lake. In response to an inquiry by Mayor Nyquist the City Manager stated that PCA °s -first concern was Ryan Creek because of the potential for a January thaw which may have had an adverse affect on Ryan Creek and. potentially the Mississippi River. He stated that the current cold weather has helped in the cleanup operation in that the area affected by the chemicals has not been expanded. He pointed out that the ice, snow and some ground have been removed from Ryan Creek, PUBLIC IN Following further discussion by the City Council, Mayor Nyquist opened the meeting for the purpose of public inquiry relating to the fire at Howe, Inc, He recognized an unidentified citizen from Brooklyn Center who inquired regarding the permit given by the City for the temporary structure. The City Manager responded that the permit given was only fora temporary structure to be used in conjunction with the salvage, operation and that the building must be removed ._ on or before May 1 1979 unless - Howe, Inc, can show that there is a need to have the structure longer for salvage purposes. The same citizen inquired further as to the reason for having police around the site and also inquired as to who would pay for the cleanup operation. The City Manager stated that police 1 -18 -79 -3- are being used primarily to keep sightseers off of the site. He further stated that the State is using a revolving fund to pay for the cleanup operation but in all likelihood will attempt to recover costs associated with the cleanup operation. He pointed out that the City also would be attempting to recover any costs that they have incurred. Mr. Pete Bates, 4936 Beard Avenue North, inquired whether or not persons with wells would be notified when they can again use their wells. The City Manager responded that there will be periodic tests of the wells in the area and that resi- dents will be notified regarding when they again can use their wells. Mr. Bates also commented there is nitrogen and dynamite stored on the Howe site and expressed the opinion that this type of storage should not be permitted. Mrs. Ed, 3301 49th Avenue North, stated that she felt the storage of these chemicals was too dangerous and should not be allowed to continue in the future. The City Manager commented that Howe, Inc.- is a nonconforming use which is allowed to continue with its operation but that the City's policy has been for it not to expand its operation and eventually be phased out. He noted that there had been two fire inspections of Howe, Inc. this year and that the State Depart- ment of Agriculture regulates the storing of chemicals and has approved such storage at the Howe site. Robert Worth, 4901 Zenith Avenue North, stated the City and the residents in • 1 _ - _ _ 1 _ _ __ 1 _._ 1 . _ 1 e __ i, 1. t _ __ .._ ._ _ _ !' rl . TT _ . _ __ ._ .. • .. - laic uacu aiuvc tcuaiacu u tca�vai acyuauiaay �iac uuiaycaa vi Laic ivvvc vNcau�LVaa. He stated that the City Council should get something done regarding this site, that things have gone too far and the operation is a danger to surrounding residents. He pointed out that the immediate residential area was fortunate that on the day of the fire the wind was blowing in the right direction and that if it had been blowing in another direction the affect of the fire would have been more wide spread in that residential area. Virgil Linn, 3112 49th Avenue North, stated that in August, 1977 the neighboring residential properties became anare that Howe, Inc, had submitted site and building plans to the City for expansion of its operation. He further stated that at that time he -had asked what would happen if there was a chemical spill or a fire. He stated that he was assured by Mr. Howe that there was a very remote chance of this ever happening and that Mr. Howe had submitted a letter saying that all chemicals stored on the site were registered with the State end stored in an approved manner. Mr. Linn went on to point out that he feels it is a hazard to have this kind of chemical storage on the site. He inquired if the City Council would allow Howe, Inc. to rebuild the building destroyed by fire. The City Manager pointed out that Howe, Inca is considered by the City to be a nonconforming use which means they are permitted to continue their operation but are not allowed to expand. He stated that it has been the City's policy, as related in the City's Comprehensive Plan, that this operation should in essence be phased out of existence over time. He pointed out that there is a legal question regarding whether or not the rebuilding of the building destroyed by fire on January 6 would constitute an expansion of a nonconforming use. He pointed out that the matter will be researched by 1 -18 -79 -4- the City Attorney and that the question will be addressed if and when Howe, Inc. formally requests to rebuild their building on that site, Rose Hanson, 4903 Brooklyn Boulevard, inquired as to the cause of the fire. The City Manager stated that the cause of the fire is yet unknown and is still under Investigation by the Fire Chief. He pointed out that the State Fire Marshal's .office is also involved with the investigation to determine the cause of the fire. Leo Hanson, 4903 Brooklyn Boulevard, inquired if there was any way the City can require Howe, Inc, to conform to various codes and regulations that now do not affect the operation. He also inquired if the City could prevent Howe, Inc from putting up another building to replace the one that was destroyed by fire. The City Manager pointed out that because Howe, Inc, is a nonconforming use there are a number of code requirements with respect to land use that they are not required to meet. He explained that one such requirement has to do with fire sprinklers and stated that the City does not have the authority to require Howe, Inc. to retrofit any of its buildings with fire sprinklers. He added that whether or not Howe, Inc. is permitted to rebuild is a legal question that he cannot address at this time but that it will be addressed if Howe, Inc. requests to rebuild the building destroyed by fire. An unidentified citizen from 4615 Xerxes Avenue North, Minneapolis, inquired if the area where Howe, Inc. is located could be rezoned to some other use. The City Manager responded that the area occupied by Howe, Inc. is currently zoned industrial and that the fertilizer operation is not a permitted or special th r �: .+� ..+ TS.. +1,n+ +1110 mnanc that Nn'Wn Tnt could not now build such an operation on the site but because it was in existence prior to the current zoning ordinance it is allowed to continue. He pointed out that a policy statement in the City's Comprehensive Plan indicates that this operation should be phased out and relocated. In response to an inquiry from the same citizen, the City Sanitarian stated that the chemicals spilled that are off the site, are primarily herbicides and are not considered a hazard to human or animal health at this time. He added that Ryan Lake was not affected by the chemicals because it is up stream from the site. Ben Long, 4911 Brooklyn Boulevard, stated that he had built his home in 1946 and that all Howe, Inc, was at that time was nothing more than a potato ware- house. He pointed out that there were other residential structures in the neigh- borhood at that time and it was not until the fall of 1946 that Howe, Inc, expanded into a fertilizer operation. He commented on a number of problems associated with the fertilizer operation over the years and stated that he felt the City has not adequately controlled the situation in that Howe, Inc. has been allowed to expand, Councilmember Kuefler commented that the current City policy regarding not permitting the expansion of the fertilizer operation did not come into being until approximately 1966 and that to his knowledge Howe, Inc, has not been permitted to expand its operation since lie had been on the Council, Councilmember Kuefler inquired whether or not the City Zoning Ordinance 1 -18 -79 -5- applies to the use of particular buildings on that site. The City Manager responded that the Zoning Ordinance addresses use of the land while building codes and fire codes address the construction and uses of buildings. Les Hagen, 5030 N. Lilac Drive, inquired if the lawn damage done relating to hooking up to City water would be repaired. The City Manager responded that the area would be restored probably this spring and the questions regarding this restoration could be addressed to the Director of Public Works. Mary Dodds, 4730 Xerxes Avenue North, Minneapolis, inquired why the City of Brooklyn Center could not control the Howe operation. She stated that she felt the operation was dangerous to surrounding residential properties and should not be allowed to continue. She urged the City Council to adopt the necessary ordinances and regulations to control the Howe operation. The City Manager responded that the City has adopted a policy regarding the continuation and expansion of the fertilizer operation and pointed out that there are certain legal processes that must be undertaken to force such a business out of operation. He pointed out that the City of Minneapolis experienced difficulties with Fry Roofing and that this situation would be similar if such action was taken to order Howe Fertilizer to cease its operations in Brooklyn Center, Ruth Anderson, 4912 Zenith Avenue North, suggested that now was the opportune time to phase the fertilizer operation out of existence by not permitting them to rahil i l ri _ The resident of 4932 Brooklyn Boulevard, inquired regarding the use of the proposed temporary building being erected at the Howe, Inca site, The City Manager responded ,that the City has restricted the use of the temporary building to those activities associated with the salvage operation. He pointed out that there would be no chemical storage permitted and that all work and storage of materials associated with the salvage operation in that building would be subject to review and approval by the Fire Chief. He added that the temporary building must be removed from the premises on or before May 1, 1979 and that the City has required that a $5,000 performance bond be posted to assure the removal of the temporary building, Larry Butler, 3201 49th Avenue North, inquired if the City Council will give new consideration to the storage of dynamite on the Howe site. He also inquired as to what agency was responsible for the cleanup operation, The City Manager responded that the City has approved a license for storing dynamite on the Howe site through February of 1979 and that renewal of this license must be considered by the City Council. He further stated that the State Pollution Control Agency will be responsible for cleaning up the spilled chemicals and is also coordinating the cleanup of debris In response to a statement made by an unidentified citizen, Councilmember Kuefler stated that he felt the City Council within the past three years has acted responsibly regarding the Howe operation. He pointed out that the Council had denied a rezoning request and a site and building plan proposal 1 -18 -79 -6- for an expansion of the Howe site because of the City's policy relating to this operation. He noted that the City had applied some pressure to assure that Howe, Inc, would execute a stipulation agreement with the Minnesota Pollution Control Agency regarding air quality, fugitive dust and other air pollution problems. He stated that within the past few years the City has obtained compliance with respect to certain regulations and that he felt the City has acted responsibly. Dorothy Novak, 5006 N. Lilac Drive, expressed concern regarding the value of her home because of the recent fire. She stated that she did not feel she would be able to sell her home because of its relatively close proximity to ° Howe, Inc, Bill Cashin, 3320 49th Avenue North, stated that the City can be thankful that the wind was blowing in the right direction and that if it had not been blowing in that direction there would have been a number of lawsuits against the City regarding the fire n North, expressed his Virgil .Linn, 3112 49th Avenue ort p appreciation to the number of citizens that had showed up for this evening's meeting. He listed a number of problems that he has experienced over the years with the Howe operation. He pointed out that some progress has been made within the past year or so but added there is still much progress that would have to be made before it would be a livable situation. He indicated that he felt the Howe operation was hazardous to the surrounding neighborhood and expressed the opinion that his hnma was uninhabitable because of the feriiiizer 5iieo Councilmember Kuefler stated that he would like to receive a report regarding the cleanup operation and the causes of the fire along with any other pertinent information that might be provided by the State. He indicated that he would support a study and an analysis of the Howe operation to determine if it is safe for it to continue. He added that such a study should also take into consideration any measures that might be needed to make this operation safer. He pointed out that such a study could also determine any options that the City might have to improve the situation. H A discussion ensued relative to the owe operation with additional comments being made by citizens involving phasing out of the Howe operation, whether or not citizens have any legal recourse regarding the affects of the Howe operation and the possibility of rezoning property in the area. Alice Rainville, an alderman for the City of Minneapolis, stated that she was quite concerned regarding the problems associated with the Howe operation. She commented on the difficulty the City of Minneapolis has had with Fry Roofing and noted that the problem is still not really solved. She stated that she has been very impressed with the people involved from both state and local agencies re regarding the cleanup following the fire. She also stated g g that the City of Minneapolis was seeking to develop controls regarding storage of undesirable or hazardous materials and that she would be very willing to share any information they might obtain with the City of Brooklyn Center. 1 -18 -79 -7- Following further discussion Mayor Nyquist thanked those persons in attendance for their comments and input and stated that the City will attempt to keep them apprised of the situation regarding Howe, Inc. ADJOURNMENT Motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9`:45 p.m. Deputy Clok hdayor 1 -18 -79 -8-