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5 PCSR 01-26-1993 ITEM 5 lfr fikyficTO: PLANNING COMMISSION River FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR p DATE: JANUARY 6 , 1993 SUBJECT: RENEWAL OF A CONDITIONAL USE PERMIT BY THE ELK RIVER LANDFILL/ PUBLIC HEARING, CASE NO: CU 93-002 The City of Elk River and the Elk River Landfill have been in disagreement regarding fees paid to the City by the landfill. These differences have been resolved, however, the resolution requires amendments to the conditional use permit and the license for the landfill. Normally the conditional use permit and license would not be renewed until 1994 . An amendment to Section 604 . 14 of the City solid waste ordinance titled "Expiration, Renewal, and Revocation" will be required to act on the landfill ' s permit early. This section states the license for a solid waste facility expires on January 31 of every even numbered year. The change would allow a two year permit from the date it was issued. Revising this section will benefit the City, because licenses for solid waste 411 facilities will not all be due at the same time. This ordinance amendment does not require a public hearing nor does it take planning commission recommendation. The license for the landfill does not require planning commission action either. The planning commission will only act on the landfill ' s conditional use permit. Language on the technical issues in the conditional use permit will remain the same as recommended by the planning commission and approved by the City council during last year' s renewal. This will leave the landfill in noncompliance with the timing for accomplishing certain tasks . Attached to this memo is a letter from Matt Ledvina, City Environmental Consultant, listing 4 items the landfill is in noncompliance with. Only the 3rd item on that list (Round II of sampling remedial investigation monitoring wells) has been completed, as of the date of this memo. The landfill has also fallen behind on the timing for other tasks since Mr. Ledvina' s letter: Phase II Landfill Gas Assessment Report (due November 1, 1992) , Landfill Closure Sequencing Plan (due October 1, 1992) , and Feasibility Study Report (due January 1, 1993) . The City' s disagreements with the landfill were over fees not III the timing to accomplish tasks . We plan on leaving these dates as previously agreed to and push for compliance. 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 Elk River Landfill, CUP Page 2 January 6, 1993 • Included with memo is the revised conditional use permit and, for information, a revised license. The changes staff recommends to these documents are as follows : 1 . CUP SECTION 11(03) PAGE 14/LICENSE SECTION 12 (03) PAGE 17 In these sections a fee per yard of municipal solid waste disposed of at the landfill is required to be placed in an escrow account to ensure that the City has funds to resolve City concerns, if the landfill were to close. Staff is recommending this fee be changed from $. 15 per yard to $ . 10 per yard. However, staff recommends the maximum amount in this fund be raised from $300,000 to $400,000 . The landfill would be charged this fee until the escrow account reaches $250,000 . At that point, the landfill would no longer continue to pay the fee. Interest would, however, continue to increase the fund amount until $400,000 has been reached. After that point, the City would place the interest incurred in a fund chosen by the City Council . 2 . CUP SECTION 16 (PAGE 15) • The landfill has expressed concerns regarding the cost of City consultants during renewals of their permits without the landfill having any control . In order to ensure a frugal use of consultant time, staff recommends the City pay 30% of the cost incurred during the conditional use permit renewal process . The license fee would remain $2, 000 (LICENSE SECTION 17, PAGE 18) . Further, in conditional use permit Section 16 , staff recommends the City allow the landfill to pay $1, 000 per month towards the conditional use permit renewal fees, which would be balanced up or down at the end of the year. This will help the landfill budget. 3 . LICENSE SECTION 14 Staff recommends the expiration date found in this section be revised to read January 31, 1995 . A further attempt to be efficient with the use of consultant time involves City staff and County staff trying to get the City Council and County Board to agree to the shared use of B.A. Liesch & Associates as environmental consultants for both the City and County. Peter Beck will be at Tuesday' s meeting to address any further questions you may have regarding the • proposed changes . ,J 0 / Z UPLAND TIPTON °ti sr k SEYMOUR RUSH ;4 QUINN ou�NN sr. (/ ----- © ' PROCTOR 0 0 X F 0 R D ,_____•—._—.-___-- NORFOLK MORTON )1) LOWELL KING -A JACKSON k\-- 114 2011111 IRVING S 169 v HOLT 1 y 1 GATES i . : 1.......-- � FREE P A R T L EVANS DODGE ii C I s, ARSON SHERBURNE COUNTY ABSTRACT & TITLE CO. PAT RASMUSSON PRESIDENT ID CATHY BAILEY SEC./TREAS. Jan. 15,1993 BONI CULLEN MANAGER Based on the examination of real estate records I find the following are property owners within 350 foot radius of the land described on attached Exhibits: Tiller Corporation, 10633 89th Ave N, Maple Grove, MN 55369 Ernest Toth, 22191 Hwy 169 NW, Elk River, MN 55330 Schulze Farms of Elk River, 10743 181st Ave NW, Elk River, MN 55330 Chris Kreger, 11661 225th Ave NW, Elk River, MN 55330 John Toth, 22915 Hwy 169, Elk River, MN 55330 Barney Horvath, 21884 Hwy 169, Elk River, MN 55330 Bradley Grabowski, 11631 219th Ave NW, Elk River, MN 55330 • • /71 x iy. a // ct,„,%OW; `' o eq N 4^a 4.2 ♦� ,1p 4' Of 1 5� _r n��•'�� 317 KING AVENUE• ELK RIVER, MINNESOTA 55330•(612)441-3280 MLq� Affiliated with American Land Title Association 4119"141! BRUCE A. LIESCH ASSOCIATES, INC . • : ;, ; ,; HYDROGEOLOGISTS • ENGINEERS • ENVIRONMENTAL SCIENTISTS 111111 - 13400 15th Avenue No.•Plymouth,MN 55441 .612-559-1423•FAX No:559-2202 August 10, 1992 Mr. Steve Rohlf REc El V ED IWO i_2, Building and Zoning Administrator - - City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 RE: Elk River Landfill Solid Waste Facility License Agreement Dear Mr. Rohlf: As you have requested, I have reviewed the compliance status for conditions of the Solid Waste Facility License Agreement for the Elk River Landfill. Item 4.), "Specific Additional Operational Requirements" (page 12) provides a list of activities and submittals which the Landfill is required to perform. A number of the operational requirements are currently observed to be in non-compliance. These items are listed as follows: (04) Leachate piezometer installation for soil storage area, • (05) Completed final cover operations for west slope (June 1, 1992) and certification report submittal (July 1, 1992), (10) Completion of two rounds of sampling for the Remedial Investigation (RI) water monitoring wells (May 1, 1992) and, (11) Submittal of RI Report (August 1, 1992). These specific provisions are observed to be in non-compliance. No determination of compliance has been made on other specific provisions of Section 4.). I hope this accounting meets your needs. Please contact me if you have any additional comments or questions. Thank you. Sincerely, BRUCE A. LIESCH ASSOCIATES, INC. 14 Matthew L. Ledvina, P.E. cc: Mr. Peter Beck - Larkin, Hoffman, Lindgren, Daly, Ltd. • ljs:ENV/32001/ltr8792