Minutes - Council - 02/26/1990 - Laserfiche WebLink

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Case #2: Adopt Resolution Requesting Metropolitan Council To Approve/Not Approve Waste Management Of Minnesota, Inc.'s Request To Establish A Yard Waste Compost Site In The "Site P" Landfill Site And Buffer Area: Mr. Banwart stated that on January 16, 1990, the City received an application from Waste Management of Minnesota, Inc. for a compost waste site. On February 6, 1990, the Planning and Zoning Commission conducted a public hearing and reviewed the case. At that point, the Planning and Zoning Commission determined to table action on the request pending a legal opinion from the City Attorney regarding whether or not composting in the Site P Landfill site and buffer area constitutes development. Since that time, the City has also received a letter from Anoka County which indicates that under State statute, any kind of development within a landfill site area or buffer area must receive approval from Metro Council. Mr. Banwart stated that the position of Metro Council staff has been that a regional yard waste facility is not considered development. State statutes also provide for a time frame of 15 days for action by Metro Council; that time frame and the need to assure that the Planning and Zoning Commission and City Council have an opportunity to get a response from Metro Council on this issue is what necessitated the proposed resolution before City Council at this point. Mr. Goodrich explained that if Metro Council doesn't take action within 15 days, the proposed development is determined to have been approved. In the proposed resolution, the City of Ramsey is requesting Metro Council to take a closer look at the proposal and report back to the City with it's findings. Mr. Goodrich stated that Waste Management's attorney has indicated that Metro Council does not intend to use the 15 day process and intends to review and take action on the proposal; Anoka County has also scheduled a time to review the proposal and take action in March. Mr. Goodrich stated that City Staff feels it is still appropriate to forward the proposed resolution to the appropriate agencies. Mr. Goodrich stated that once the positions of Metro Council and Anoka County are known, the request for a conditional use permit for a compost site will go back to the Planning and Zoning Commission for action and they will then have the advantage of knowing what Metro Council and Anoka County have said. Mr. Terry Miller, General Manager of Waste Management of Minnesota, Inc., stated that Metro Council Board Chairman Keefe has signed a letter stating that the 15 day rule does not apply and specific dates have been set to only review whether the development limitation on the site should be lifted. The County has also scheduled review dates to consider license conditions on a compost facility. Mr. Miller stated that Waste Management is not requesting the City to approve the conditional use permit for a yard waste compost site unless development limitations are lifted and the County's license conditions are met. Just as with the request for a conditional use permit for a tire processing facility, Waste Management is asking the City to approve the compost site contingent upon the approvals of other agencies. Mr. Hartley explained that the difference between the compost proposal and the tire processing proposal is that the compost proposals falls within the Site P area and there is a law that says what can happen and the procedure for something happening in landfill inventory sites and their buffers. City Council/February 26, 1990 Page 7 of 13