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08-10-1988 PC MIN . . . MINY~~ ~, TKI ILK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER SENIOR HIGH SCHOOL AUGUST 10. 1988 Members Present: Commissioners Johnson, Fuchs, Olsen, Kimball Morton, and Schroeder Members Absent: Chairman Kropuenske Staff Present: Steve Rohlf, Building & Zoning Administrator, Greg Korstad, City Attorney and John Lickner, Environmental Consultant from Liesch & Associates 1. to due call and notice thereof, Vice Chairman Kimball called the of the Elk River Planning Commission to order at 7:00 p.m. Pursant meeting 2. Consider Zone Change, Conditional Use Permit and License Request by Elk River Landfill/P.H. Vice Chairman Kimball asked Greg Korstad, City Attorney to provide background information on the requests by the landfill. Greg Korstad explained the issues being considered. The landfill was requesting a zone change from A-l/Agricultural to Solid Waste Overlay District. The conditional use permit allows the City to set conditions on an operation to assure its compatibility with surrounding land uses. The reason for the licensing is that it adds flexibility to keep current with changing technology that the conditional use permit does not. Mr. Korstad further explained the documents (Conditional Use Permit and Solid Waste Facility License). These documents address each of the issues that are required in the Solid Waste Ordinance. He further explained the operation of the landfill as it has existed previously and how it will be regulated. Mr. Jim Church of Lavonia Township questioned why the CUP and license agreement documents were not availabe at the last meeting and was not aware that they were avilable now. He felt he did not have sufficient time to read this now. Greg Korstad reviewed the issues regarding the conditional use permit agreement. Vice Chairman Kimball continued the public hearing from last meeting and noted the public could respond to questions at this time. A number of residents were concerned about contamination of their wells and what was being done about this. Marlene Hentges lives near the landfill and was concerned contamination of their wells. about . . . Page 2 Planning Commission Minutes 8/10/88 Gene Thompson resident of Elk River asked if there were any guarantee our water is not being contaminated. I don't feel safe drinking my own water. Greg Korstad addressed their concerns. Mr. Korstad explained montitoring wells were reviewed by our environmental consultants, Leisch and Associates on behalf of the City. Information is compiled and recommendation made by the City and approved and tested by the MPCA (Minnesota Pollution Control Agency). John Cannon of Donohue and Associates also addressed the issue by explaining about the monitoring wells. Contamination was found along west area of site in small amounts such as metals, degreasers, aerosol sprays etc. He further explained sampling was done within a perimeter of 3,000 ft. of landfill. The City's permits expanded surface water testing more than what is required from the MPCA. Sampling on the site has to be done three times a year on a continuing basis and sent to the MPCA. Gene Thompson was concerned about the ash and what goes into the landfill. The subject of ash was discussed and people. Vice Chairman Kimball indicated this current license request. was a concern of a number of ash disposal was not part of Lengthy discussion was held regarding the zoning of the three parcels; south, middle and north parcel. Chris Kreger explained the reason they wanted all three parcels rezoned. They have uses planned for all that property and do not want to go through the time and expense of rezoning again. He felt there was a misundestanding as far as zoning was concerned Tim Thorton, Landfill Attorney, said it was all or nothing, package deal or no deal. Unless the zone change was for all parcels they would withdraw their request. He further stated this ordinace and CUP went beyond the MPCA regulations. He felt the City could not take away part of our deal without giving something back. The question of rezoning land proposed to be owned by the Landfill in the future came up. Stephen Rohlf, B & Z Administrator, explained that the property owner must be present to recommend a zone change. You cannot petition for a zone change on property you do not own and has not been advertized. He felt there would be no problem getting rezoning in the future if used for recycling area. He would go along with the zoning on the north and middle parcel. Staff is opposed to the southern most parcel being rezoned at this time. That parcel is a long narrow strip of land with inadequate depth to serve for landfill purposes. Page 3 . Planning Commission Minutes 8/10/88 Commissioner Fuchs questioned if stipulations could be put on a zone change. Greg Korstad indicated there could be no stipulations put on a zone change. Commissioner Fuchs indicated he had a great concern regarding the landfill. We have not been able to have control and we do now with the conditional use permit and license. Greg Korstad. City Attorney explained the City is trying to regulate an existing business - needs to be cleaned up. If not cleaned up it could be a great expense to the public and county. Tim Thorton felt this was a long involved. He would like to see this Zoning was an absolute requirement. Chris Kreger cares about this town and process here and a lot of money settled and reach some compromise. Were trying to work with the City. lives here. Marlene Hentges buil t. Stephen major highway. was concerned about traffic if a recycling plant was Rohlf felt there should be no problem as it was off a . Vice Chairman Kimball noted that the Planning Commissioner's role is to make recommendations only and not to make a final decision. That is up to the City Council. The City is attempting to place some regulations where there is none now. Commissioner Schroeder was against the south parcel being rezoned because of statement made by Mr. Thorton. all or none. Commissioner Olson was opposed to south parcel being rezoned but could compromise with north and middle. Commissioner Kimball stated in fairness to the Landfill he appreciated staff's memo regarding both con and pro (zone change) without recommendation for rezoning the northern two parcels. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL or THE REZONING OF THE MIDDLE AND NORTH PARCEL TO A SOLID WASTE OVERLAY DISTRICT AS BEING PRESENTLY OWNED AND OPERATED BY CHRI S KREGER BUT NOT THE SOUTH PARCEL. COMMISSIONER OLSON SECONDED THE MOTION. THE MOTION PASSED 6-0. COMMISSIONER OLSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR NORTHERN PARCEL ONLY WITH THE STIPULATIONS AS OULlNED IN THE CONDITIONAL USE PERMIT WITH THE FOLLOWING CHANGES: 1. PAGE 11 (ITIM 15) "CHARGES AND rEES" DELETE LAST LINE AS THIS REFERS TO THE LICENSE. 2. PAGE 11 AND ADD CONTACT." (ITEM 16) "ON-SITE INSPECTION" DELETE WORDS "CHRIS KREGER" "LANDFILL SHALL PROVIDE TO THE CITY NAME OF PERSON TO . 3. THAT SPECIFIC TIME DEADLINES BE ESTABLISHED FOR COMPLETING TaE WORK I)IICIIIID IN SICTION 6. "HYDROGEOLOGIC REPORTS" SECOND PARAGRAPH. COMMISSIONKR MORTON SECONDED THE MOTION. THE MOTION PASSED 6-0. . . . Page 4 Planning Commission Minutes 8/10/88 COMMISSIONER OLSON MOVED TO RECOMMEND SUPPORT OF THE SOLID WASTE LICENSE. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE VOTE PASSED 6-0. Mr. Thorton made the comment that they reserve the right to withdraw their application before this issue is in front of the City Council. By being present at the meeting they are not conceding that the City has any authority in imposing any restriction on the landfill. There being no further business. COMMISSIONER FUCHS MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING COMMISSION. COMMISSIONER OLSON SECONDED THE MOTION. THE MOTION PASSED 6-0. The meeting of the Elk River Planning Commission adjourned at 10:20 p.m. Jh!t/tUJ1JJ.wv Sharon Maue Recording Secretary slm