Agenda - Parks and Recreation Commission - 10/18/1984

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I i I I I I I I I I I I I I I I I C/September 10, 1984 Provide Ramsey with some assurance that if it were sued as a result of the landfill being there, that it would be made whole and provide assurance to Ramsey that actions would be taken in the event there was a problem at the Landfill. Part of the contract was that Ramsey consider an application for a permit for conditional use of property both to the north and south that would allow additional fill at that site. There is a likelihood at this point that there will be landfill to the south. Waste Management presented testimony at the public hearing and addressed problems raised at that hearing; presented testimony at a couple of Planning and Zoning Meetings; provided Council and Planning and Zoning with documentation addressing those concerns. Council's duty is to consider the application for permit keeping in mind standards for consideration and criteria for approval and performance standards set forth in the conditional use ordinance. Waste Management has provided all information necessary to show that those standards are met; Council's duty is not 'discretionary; if criteria are met the permit must be'granted. Waste Management respectfully requests that Council grant the application. Mr. Oresen - 6530 153rd Lane - Stated he lives to the north of the landfill and the dumping is on the opposite side of the hill from his home and does not feel a berm will reduce the noise pr ob 1 em. Mayor Gamec introduced Charles LeFevere, attorney working with Ramsey on the Landfill lawsuit. Mr. LeFevere findings of Zoning. stated that Council should prepare a separate fact from that which was adopted by Planning and Mayor Gamec stated that his intent is to vote no to Waste Managements request based on recent legislation and what he has been promised by legislators if they are elected in the way of financial rewards to cities with landfill problems. Motion by Commissioner Schlueter to adopt Findings of Pact as presented by Planning and Zoning regarding Waste Management's request for a Conditional Use Permit. Councilmember Van Wagner seconded the motion for discussion° Further Discussion: .~ Councilmember Van Wagner stated that she would like to review the Findings of Fact first. Mayor Gamec staged that adopting the Findings of Fact as is would make for a very loose case. Mr. Goodrich stated that Council has to follow the ordinance as far as standards and criteria and 'recent legislation' cannot be a consideration. Councilmember Van Wagner stated that one of the items in the Findings of Pact that she wanted to review was noise control; she does not feel a berm will Page 7 of 14