HomeMy Public PortalAbout1985-124i
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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.