Agenda - Council - 11/26/1991 - Laserfiche WebLink

Home

CASE DISCUSSION REGARDING EXTENSIONS TO CONDITIONAL USE PERMITS ISSUED TO WASTE MANAGEMENT OF MINNESOTA, INC. By: City Administrator Ryan Schroeder and Zoning Administrator Sylvia Frolik Background: The following is a summary of the status of conditional use permits (CUP) issued to Waste Management of Minnesota, Inc. (WMMI) over the past several years: Gra0ing and Excavating: On November 26, 1985, WMMI was granted a 2 year CUP for grading and excavating in the south borrow area. That CUP expired on November 26, 1987. WMMI was granted a 6 month extension to May 26, 1988 for this CUP; this CUP is now void. Vertical Expansion: On November 15, 1988, WMMI was granted a CUP for vertical expansion of the landfill. This permit was granted for a 3 year period and expires on January 1, 1992. The permit also had provisions for a maximum of four successive six month extensions contingent upon the applicant achieving established capacity goals at the end of the initial 3 year period and at the end of each successive six month extension. The permit states that in the event WMMI is achieving or surpassing the established capacity goals, a six month extension shall be granted. If the goals are not met, it shall be sufficient grounds for revocation of the permit. Staff interpretation of these terms is that consideration to revoke would have to follow the prescribed procedures for revocation of CUPs as established in City Code, which does include a public hearing. Consideration of granting extensions to the CUP are not required to go through reapplication and an additional public heating. Grading and Excavating: Inclusive in the CUP issued to WMMI on November 15, 1988 for vertical expansion is the permit to grade and excavate on the north borrow area. The excavation portion of this permit expires on April 19, 1992 (3 years from the date of the restoration bond). Because the grading and excavation is included in the CUP for vertical expansion, this use is also eligible for extensions without a reapplication and additional public hearing. Tire Processing: On March 14, 1989, WMMI was granted a CUP to operate a waste tire processing facility. The term of this CUP was tied to the vertical expansion in terms of years and extensions. However, the tire processing CUP expires on April 18, 1992 versus January 1, 1992 in order to achieve a full 3 year operating term from the date of approval. In addition, the CUP states that if the tire processing operation continues beyond April 18, 1992, the waste tire storage shall be enclosed in a covered structure and that extensions of this CUP shall take that provision into consideration. Again, as this CUP is tied to the vertical expansion, consideration of extensions would not require reapplication and an additional public hearing. Temporary Qffige Structure: On April 25, 1989, WMMI was granted a CUP for the placement of a temporary office trailer at the landfill. This temporary office structure was approved in conjunction with the vertical expansion. The CUP for the temporary office structure expires on January 1, 1992 and is eligible for a maximum of four successive 6 month extensions. Because this CUP is also tied to the vertical expansion, extensions could be granted with no requirement for reapplication and an additional public hearing. Yard Waste Composting Facili~: On October 23, 1990, WMMI was granted a CUP to establish a yard waste compost facility. According to City Code, the permit holder has 12 months to establish