Agenda - Council - 03/11/2003 - Laserfiche WebLink

Home

telling him to live with it. At some time they need to tell them to fix the problem or shut it down; 15 years is a long time to wait for the smell to go away. Mayor Gamec recommended that Mr. Herr0n work with staff to come up with some answers and then address the issue again once the. plant is up and running in the spring. Councilmember Hendriksen stated that this facility is next to ACE Waste Management and if every time they drove down Highway #10 they could smell ACE, they would do something about it. He did not think the Council should' accept what is occurring. City Attorney Goodrich stated that the City has adequate ordinances, but there aren't adequate ways of enforcing the issue. Councilmember Hendriksen stated that they are probably going to spend a great deal of money building a town center and townhomes just across Highway #10 fi.om the facility so if they think the complaints are going to go down rather than up, they are kidding themselves.. They need to either make the smell go away or shut down the plant. The City needs to document very carefully the smells, when they occur and how far they occur. Director of Public Works/Fire Chief Kapler offered the use of Public Works staff to assist with the evaluation. Mayor Gamec stated that they need to get more information and work with the plant and address the issue in the future. Councilmember Hendriksen stated that' the last time the permit was before them it was stated that if the permit was not renewed they would sue the City so if the City is not careful and does not have the proper documentation they will Probably be sued if the permit is not-renewed in two years. Motion by Councilmember 'Hendriksen, seconded by Councilmember AndersOn, to dlrect 'City staff to gather evidence over the next 60 days, through the various sources available such as Minnesota Pollution Control Agency, Anoka County, and residents. The.evidenCe would then be presented to the City Council to use in making a determination to conduct a public heating to revoke or modify the permit, to re-evaluate whether the City should more Closely monitor the: plant when it reopens again and/or consider civil or criminal prosecution all relating to the odor issue. ' ' Motion carried. Voting Yes: Mayor Gamec, CoUncilmembers HendrikSen, Anderson, Kurak, and Zimmerman. Voting No: None. Ed Hamilton, 6615 Highway #10'NW, Ramsey, stated' that he can't go on living this way because his health is deteriorating. He also wanted it on record thatNovember 19, 2002 was the last date that he smelled the odor. He has lived in his home for 48 years and did not have any health pro blems until after the asphalt plant moved-in. City Council/November 26, 2002 Page 19 of 23 -205-