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HomeMy Public PortalAbout1985-124i /. Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 85- /_' I A RESOLUTION DENYING A REQUEST BY WOODLAKE SANITARY SERVICE, INC. FOR MODIFICATION OF A CONDITIONAL USE PERMIT REGULATING OPERATION OF WOODLAKE SANITARY LANDFILL WHEREAS, Woodlake Sanitary Service, Inc. (WSS) operates a sanitary landfill on property described in Exhibit A attached hereto; and WHEREAS, the City of Medina (City) regulates the operation of sanitary landfills through sections 827.09 et seg. of the code of city ordinances; and WHEREAS, pursuant to said ordinance, the City granted WSS a conditional use permit (CUP) to operate a landfill on the proper- ty by a document dated February 7, 1984 and entitled "Conditional Use Permit, Woodlake Sanitary Landfill"; and WHEREAS, the CUP describes and regulates the landfill operations of the area used as a landfill between approximately 1947 and the date of issuance of the CUP (old landfill area) as well as the operation within expansion areas I, II, III and IV; and WHEREAS, sections 825.39 et seq. of the code of city ordi- nances specifies the grounds for granting conditional use permits and the requirements for modification of the same; and WHEREAS, the old landfill area was operated during a period of time when there was little or no public concern about landfills and lacks any system for the monitoring or correction of environmental problems; and WHEREAS, the CUP required WSS to evaluate the existence of leachate in area I and to construct a leachate collection system in that area if significant amounts of leachate were discovered; and WHEREAS, subsequent to the granting of the CUP, WSS dis- covered the existence of a pool beneath area I containing approximately 3,000,000 gallons of leachate; and WHEREAS, after receiving such information regarding leachate in area I, the City required WSS to design and construct a leachate collection system within area I; and WHEREAS, the system as currently designed consists of 12 wells which will be used to pump leachate to a central collection point for transfer off -site; and WHEREAS, the City's consulting hydrologist has evaluated the adequacy of the 12 well system and is of the belief that it may be necessary to install a minimum of 50 wells within area I to remove the leachate; and WHEREAS, the CUP required the construction of a leachate collection system in expansion areas II, III and IV prior to placing any refuse in those areas; and WHEREAS, despite knowing since at least February of 1984 of its responsibility for the construction of a leachate collection system within area II prior to using said area, WSS failed to retain the services of a consultant to design the system until June of 1985; and WHEREAS, the City has cooperated fully with WSS's consultant since that time and has promptly made all reviews and inspections requested by WSS or its consultant; and WHEREAS, WSS is now unable to complete construction of the collection system because of the onset of winter weather and cannot obtain the necessary approval from the Minnesota pollution control agency (PCA) to utilize area II prior to completion of the system; and WHEREAS, WSS has proposed a modification to the CUP whereby it would place 105,000 cubic yards of refuse on top of a 22 acre area, approximately 24 percent of which will be above area I and 76 percent of which will be above the old landfill area; and WHEREAS, pursuant to the proposed modification, WSS would remove the protective seal on the top of portions of the old landfill and of area I, place approximately five feet of addi- tional refuse on those areas and recover them after completion of the operation; and WHEREAS, in conducting its proposed operation, WSS will cause the areas of the old landfill and area I so exposed to receive precipitation which will result in an increase in the amount of leachate produced in the areas; and WHEREAS, WSS's proposal does not adequately address the problem of removing the additional leachate which will be created in the old landfill area or in area I; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota as follows: 1. WSS's request will result in the placement of approximately 80,000 cubic yards of refuse on the old landfill area and is environmentally unsound due to the amount of leachate which will be produced and the absence of any leachate collection system within that old area. 2. WSS's request will result in the placement of approximately 25,000 cubic yards of refuse on area I and is environmental- ly unsound due to the amount of leachate which will be produced and the probable inadequacy of the leachate col- lection system currently in place or being constructed within area I. 3. WSS's proposed modification is in violation of section 827.17, subd. 12 of the code of city ordinances which prohibits drainage or seepage from the site which may cause a health hazard or pollute any water course. 4. WSS's proposed modification is in violation of section 827.13, subd. 10 of the code of city ordinances which requires submission to the city of a plan addressing long term monitoring and protection of environmental quality. 5. WSS's proposed modification is in violation of section 825.39, subds. 1, 2, 3, 7 and 8 of the code of city ordinances which require that WSS demonstrate to the City that the proposed amendment will not have an adverse impact on surrounding property or the community as a whole. 6. WSS has failed to demonstrate to the City that there exist no reasonable alternatives to its proposal to place additional refuse on the old landfill and area I. 7. WSS's modification request is not consistent with preserva- tion of the health, safety and welfare of the community. 8. WSS's modification request is not consistent with a primary intent of the CUP, which is to minimize the adverse environ- mental impact of the landfill on the community. 9. The primary justification for the modification offered by WSS -- that it will be forced to cease operation of the landfill for a period of approximately six months if the request is not granted -- is neither a certainty nor is it the result of City action or inaction. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Medina, Minnesota as follows: 10. That the request of WSS for modification of its CUP to allow placement of an additional 105,000 cubic yards of refuse on the old landfill area and area I is denied. 11. Staff is authorized and directed to work with WSS on alter- native proposals it may wish to explore and to bring any proposal advanced by WSS to the City Council for consid- eration after such review and evaluation as staff may deem reasonable. DATED: /v ,. r, /) c v ATTEST: , 1985. Donna Roehl, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member -5c/<,,and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. `l9sen� : 7c hQ. 8 EXHIBIT A That part of the west one-half of the northeast quarter of Section 8, Township 118 North, Range 23 west of the 5th principal meridian in Hennepin County which lies to the north and west of the center line of Tomahawk Trail, a township road and That part of the northwest quarter of Section 8, Township 118 North, Range 23 west of the 5th principal meridian in Hennepin County lying north and west of the center line of Tomahawk Trail, a township road.