Resolution - #90-02-056 - 02/26/1990

Home

Cotmcihncmbt~r 13e Luca introduced the following resolution and moved for its adoption: RESOLUTION #90-02-56 RESOI,I_ITIOI~,i REQUESTING THE METROPOLITAN COUNCIL TO APPROVE/N()T APPROVE WASTE MANAGEMENT OF MINNESOTA, INC.'S REQUEST TO ESTABLISH A YARD WASTE COMPOST SITE IN THE "SITE P" LANI)FILL SI'I'E AND BUFFER AREA WIIEIZ_EAS, on January 16, 1990 the City of Ramsey received the application and Conditional [ l~';e Permit ("CUP") proposal from Waste Management of Minnesota, Inc. ("WMMI") to establish a ymfl waste compost site; and WIIEREAS, the proposed yard waste compost site is located in the buffer area of proposed landfill candidate "Site P"; and WilEREAS, Minnesota Statute §473.806, entitled "Inventory of Disposal Sites; Developmeni l .imitations, Subdivision 1. (Metropolitan) Council approval required," provides as follows: No development shall be allowed to occur within the area of a site or buffer area d u tin g 1.be period of the Metropolitan Development Limitation without the approval of the Councii. 1'4o County, City or Town or Land Use Control shall permit development which has n,.~t been approved by the Council, nor shall any County, City or Town sanction or approw: any subdivision, permit, license, or other authorization which would allow development to occur which has not been approved by Council... (emphasis added); a~l(t WIIEI~EA$, City of Ramsey Resolution #90-02-48 is a resolution stating the City's position wil h respect to candidate landfill site buffers and provides as follows: 1) 'l'h~t the City state its position to Metropolitan Council and to the Legislature clearly :mpporting the need for buffer areas which separate and protect surrounding land ,~scs fi'om landfill operations related to landfill activities. 'l'hat: the City staff is directed to work with Metropolitan Council, other regulatory ag~:ncies and Legislature to promote the policy which will be consistent with the Lc~.~islative intent of Chapter 325, Laws of 1989 and Minnesota State Statutes ~5473.823, Subsection 3. 3) the City oppose dispersion of reasonable control over landfill activities through zorfing over-rides by other governmental jurisdictions or private entities; and W II I~;R EAS, Minnesota Statute §473.823, Subdivision 1 defines "development right" in part as a chang,_: it; use of the property from its existing use to any other use; and W IIEI,~I,;AS, none of the "Site P" buffer area is presently being used as a composting facility amt therefore chauge of its use to a composting facility is "development" as defined by MSA §47'~.~23; Wll EREAS, the yard waste composting facility proposal by WMMI is a use similar to, if not the sam<:, as a landfill activity which, pursuant to Minnesota Statute §473.823, should not be permitted in bu!'fO~' areas; and