[ Council Communication ] 

Council Communication

Title:	Council Discussion of Nuisance Abatement Process for Asphalt Batch Plant
Dept:	Legal Department
Date:	April 16, 2002
Submitted By:	Paul Nolte
Reviewed By:	Greg Scoles

Synopsis:	The council and city staffhave received complaints regarding the LTM asphalt batch plant located at the Croman mill site. Thc plant is not currently operating but while operating last year several complaints were received from neighboring properties about noxious fumes. The plant is a permitted use in the industrial zone where it is located and has a site review permit to resume operations on May 1, 2002. Thc operation complies with DEQ standards. Applying the city's public nuisance code to resolve citizen complaints is problematic and success is doubtful. Affected citizens may be better served, but face many of the same complexities as would the city, by bringing their own private nuisance action. LTM has advised that it is continuing to pursue an alternate site for the batch plant. The city could exercise better control in the future over these types of operations by amending its land use code to make asphalt batch plants a conditional use rather than a permitted use.
Recommendation:	Direct staff to continue to encourage LTM to relocate the batch plant. Refer to the planning commission a modification of current zoning language to change an asphalt batch plant from a permitted use to a conditional use in the industrial zone (M-l).
Fiscal Impact:	Initiation of the city's public nuisance process to prevent operation of the batch plant would cost several thousand dollars in staffresearch, investigation and legal action. Amending the city's land use code would be significantly less expensive.
Background:	The site review permit together with the findings are attached. The city approved the site review request for a batch plant on June 27, 2001. The site review permit authorized operation from June 24 to October 20, 2001, and it is permitted to resume operation from May 1 to July 10, 2002. Hours of operation are 7 a.m. to 11 p.m. Monday through Friday. Trucking hours are 7:30 a.m. to 7:30 p.m. Activities from 9 p.m. tol 1 p.m. are limited to lubrication and fueling of equipment. The permit impose applied to the approval, including evidence that the operation comply with DEQ required Also attached is my memo to the council dated March 26, 2002, describing the process for declaring a public nuisance and my conclusion that a successful result in this case would be difficult at best.

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