Agenda - Council - 04/10/1990 - Laserfiche WebLink

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I I I I I I I i I I I '1 I I ! I ATTACIIHENT B City of Ramsey " ...... · ~n,,,, .~,,.,., Or.-:.-.- 15153 NOWTHEN BOULEVARD N.W., RAMSEY, MINNESOTA 55303 · (612) 427.1410 February 27, 1990 .CHAIRI~AN'S 0El'J CE~ Steve Keefe, Chairman Metropolitan Council Meats Park Centre 230 East 5th Street St. Paul, MN 55101 RE: Development Limitations on Candidate Landfill Site "P" of Anoka County Dear Mr. Keefe: The City of Ramsey respectfully submits for Metropolitan Council action City of Ramsey Resolution ~)0-02-56: "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". The City of Ramsey's position is that there should be no development/development activities occurring in the proposed candidate landfill buffer area for "Site P". This position is consistent with legislative intent for landfill buffer areas and honors the statutory restrictions imposed by the 1980 Waste Management Act. Let there be no question that the City of Ramsey is opposed to siting landfills in the environmentally sensitive soils of the Anoka sand plain. However. the City of Ramsey as well as the Metropolitan Council must follow the letter as well as the intent of State law. Although Waste Management of Minnesota, Inc. has indicated a willingness to establish a development agreement specifying a limited time frame for the proposed compost site to operate, the legal ramifications are not that simple. Once a conditional use permit has been granted by a municipality, unless there is some significant reason for a limited time frame such as the case of a vertical expansion, a mining and grading permit, etc., a conditional use permit cannot be terminated unless there is noncompliance with the permit itself. Therefore, a conditional use permit granted by a city represents a real and monetarily significant land right. The City of Ramsey expects full consideration of this request by Metropolitan Council in accordance with Minnesota Statute §473.806 and other pertinent statutes. Please note that this statute requires "(Metropolitan) Council to demonstrate that the proposed development is feasible and economically viable..." It is hoped that this issue, as important as it is, should bring to light a whole range of possible ramifications of Metropolitan Council Staffs notions of what "development" is in the context of not only waste management legislation, but also of municipal land use controls and authority, As the proposer, Waste Management of Minnesota, Inc. has, or will, be submitting their proposal. 91