6.3. SR 03-15-2010cion e ~ nested
Staff and the Planning Commission recommend approval with the fallowing conditions.
1, Chicl~ens shall be prevented from exiting the property by fencing or similar
containment,
2, No more than 15 chxcl{ens shall be o~ the p~ope~ty.
3. As a conditional use permit is not a building permit, the applicant shall apply for all
required permits,
4, Approval of the conditional use permit shall expire after two years if the chicken
coop is not completed, unless the proper owner or owner' agent has received an
extension,
5, No on~site commercial activities such as breeding, boarding, or selling shall be
permitted.
G, Animal waste shall be disposed of in a sanita~~y manner,
un1 n1a
The property owner requests permission to raise i 2-15 chicl~ens on his property for eggs and meat.
Because the property is smaller than five acres, a conditional use permit is required. The nearest dwellita.g
unit is approximately 304 feet away,
I~nnin ®rnr°~issi~n iscussi®n
Commissioners questioned how many chicl~ens and how many roosters.
uric ®n~n~ent
No comments urere received in support or opposition to the request. The applicant stated there would
be one rooster.
ttachents
Staff report to Planning Commuission dated March 10, 20~ 0, including:
o Location map
o Applicant's narrative
o Site plan
Conditional use permit
C;Documents and 5ettings~jmiller~Locai 5ettings~Tempo~ary Internet Files~OLK3Ia~CU 1Q-03 SR ~3rower animals to CC 3-15-1Q,dac
C,~Documents and Settings~jmiller~Local Settings~Temporaiy Internet Files~OLK3E~CU ~0-03 SR Brn~ver animals to CC 3-15-ID,doc
STATE ®F MIN~ES~TA CITY QF ELI RIYER CITY CQUI~CIL
COUNTY ~F SHER~URNE
CITY 4~ ELI RIiTER
C®~DITIQI~AL USE
PR®CEEDIN~S
In the matter of: Charles Brower, 11475197th Ave N'~1
Request: Conditional Use Permit to Allow agricultural animals on 3.23 acres
Case No. CU 10-03
ORDER ~R.A~Tz~~
C~NDfTID~A~L U5E
Charles drawer, f]wners
The above entitled matter came to be heard before the City Council on the 15t'' day
of March, 2010, on a petition for a Conditional Use pursuant to the City of Elk River
Zoning ordinance, for the following described property:
See Attached Exhibit A
xT YS ORDERED that an Conditional Use to own agricultural animals on a parcel less than
5 acres be granted, upon the following conditions or reasons:
1. Chickens shall be prevented Exam exiting the property by fencing ox similar
containment.
Z. No more than 15 chickens shall be on the property.
3. As a conditional use permit is not a building permit, the applicant shall apply
for all required permits.
4. Approval o the cor~ditio~al use permit sha11 expire after two years if the
chicken. coop is got completed, unless the property owner or ow~aer' a~eut has
received au extension.
5. ~Io o~n~site commercial activities such as breedi~a~, boarding, or se11i~~ sha11
be permitted.
G. Animal waste shall a disposed of iri a sanitary rr~ariuer.
DATED this 15~" day of Maa~ch, 2010.
C.IDocuments and Settingsl~millerlLocal SettingslTemparary Internet FilesloLK3E1CU 14-03 recording doc 3-I5-14,doc
STATE OF MINNESOTA )
CO~.JNTY OF SHERBURNE) ss.
OFFICE ~F CITY I'LANI~ING~
~N~ z~N~~~
ELF RIVER
CITY ®F ELI RIVER
I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said
City, do hereby certify that I have compared the foregoing copy and order granting an
Interim Use with the original record thereof prese~.•ved in my office, and have found the
same to be a true transcript of the whole thereof.
If the proposed wo~•l~ described in an interim use permit has not been substantially
completed within two ~2} years after its date of issuance, the permit shall expire and become
void except that the Council may, following recommendations of the Planning Comtrussion,
extend the permit for an additional period determined by the council on the receipt of a
request fox a permit extension prior to its expiration. A Conditional Use permit authorizes
only the use specified in the permit and shall expire if, for any reason, the authorized use
ceases for more than one ~1} year.
Jeremy Barnhart
Planning Managei
IN TESTIMONY ~UHEREOF, I have hereunto subscribed my hand at Elk River,
Minnesota, i.n the County of Sherburne, in the City of Ells River, on the day of
2010.
DRAFTED BY.
City of Ells River
Elk River, Minnesota 55330
Signed before me a NQTARY PUBLIC
this day of
2010.
C.1Dacuments and SettingsljmillerlLacal SettingslTempvrary Internet FileslOLK3EICt~ 10-43 recording dac 3-15-10,~oc
~~~~~~
Legal descxiption of the subject pxopex~y is
Lot ~3, Blocl~ ~, Deexfield 2'~d Addition, Shexbuxne County, MN.
C;IDocumen~s and Settingslj~r~illerlLocal SettingslTemporary Internet ~ilesloLK3EICU IO-03 recording doc 3-15-10,doc
ct~~n_~ ue~e
Staff recommends approval, with the following conditions;
~., Chickens shall be prevented fram exiti~.~ the property by fencing or similar
containment.
~, No more than 15 chickens shall be on. the property.
3, As a Conditional Use Permit is not a uildin~ Permmit, the applicant shall apply for all
require permits.
4. This approval of the Conditional Use Permit shall expire after Z years if the chicl~en
coop is not completed, unless the property owner or owner went has received an
extension,
5. ~o on~site commercial activities such as breeding, board~n, or selling shall be
permitted.
G, Animal waste shall be disposed of in a sanitary manner.
a,ckroundl iscu~~ion
The property owner is requesting a Conditional Use Permit that would permit him to raise chickens on
his property.
Chickens are classified as agricultu~~al animals by Section 3ow$o3 in the City Code. Agricultural animals
are a permitted use in the A-~ and R-~a coning district if the subject property is 5 acres of more. If the
property is less than 5 ages, a Conditional Use Permit is ~•equired.
a,chn~er~~s
® Location Map
Applicant's Narrative
Site Plan~s~
Case File, CU 1(1-03 Brower
Page
Brower Chicl~ens
~~c~r~t Charles Brower
e ue~e cti~n Conditional Use Permit approval
~' Brie The City must take action by March ~0, 2010
~cat~~~ and ~z~ Approximately 3,23 ages north of 197', east of ~-lighway 1G9.
The property ownex wants to raise chickens for his own egg and meat needs.
~~nprovements proposed include a chicl~en coop east of the existing home. A compost bin wild. be
used to dispose of the manure. This practice has been used in the past, according to the applicant's
narrative.
~icab~~ a u~at~~r~~
Conditional Use ~'e~~it
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
~. dill not e~adanger, injure or det~~rnentally affect the use and enjoyment of athe~° prapery in the immediate
vicinity or the public health, safe, morals, comfort, convenience argeneral welfare of the neighba~°haod ar tl~e
~y.
~. bill be consistent nrith tl~e comprehensive plan,
3, Fill not impede the normal and orderly development and improvement of surrounding vacant property.
4, bill be se~~ed adequately by and gill not adve~°sely affect essential public facilities and services including
streets, police afzd jirepratectian, drainage, refuse disposal, pater and se~uer yste~2s, parks and schools; a~~d
gill. not, in particular, create tra~c congestion ar inter ference ~itl~ tra~c a~2 adjacent and neighba~~~2g public
thoroughfares.
5. Dill not involve uses, activities, processes, mate~~ials, equipment and conditions of operation that ~vill be
detrimental to any persons or property because of excessive tra~c, noise, smo,~e, fumes, glare, odors, dust ar
vibrations.
G. mill not result in the destruction, loss ar damage of a natural, scenic ar histo~~c feature of major importance,
7. dill fully comply pith all other reguireme~zts of thi.~ Code, including any applicable requirements and
standards far tl~e issuance of a license ar permit to establish and apes°ate the proposed use in the ci y,
Tf denial of such a permit should occur, it shall accompany recommendations o~ determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-G54.
na,~ ~ sas
One of the f~:st issues to be reviewed in a Conditional Use Permit application is possible impacts on
adjacent properties. For agricultut~al animals, the smaller the lot, the greater the potential the animals
will hnpact neighboring properties. From a planning perspective, a separation of 300 feet from
adjacent residences is adequate to minilzlize any impacts associated With chickens. Frequently, the
question of app~.•opriateness of a use is answered by adjacent property owners.
S,~PLANNING MAIN~Case Files~CUP~CU 1()-a3 Bro~ver~CU 1~-U3 Brower animals 3-9-1(l,doc
Case File: CU 1(1-03 Braver
Pale 3
grower Cluclie:ns
The subject propert~~ is heavily wooded along its perimeter. ~ldditi.onally, the subject property abuts
a major electric transmission line to the east, The nearest offsite dwelling unit to the proposed
chicl~en shed is about 30o feet to the east,
The applicant proposes to have 12-~ 5 chickens, The site plan does not suggest fencing. The
ordinance allows one chicl~en per 435 square feet of `fenced pasture area' the fencing is required for
all agricultural anirn.als,~
The chicken coop as proposed is consistent with a residentx.al zone, staff suggest no changes.
Based on a review of the standards for GUP as outlined, it appears that the request is consistent with
all of these standards.
C~®11 Mo~io~ by Second by Note
~~~®
S,~PLANN~NG MAIN~Case Files~CUP~CU 10-~3 Brawer~CU 10-03 Brower animals 3-9-~(].doc
Wb' S~~€T~f~ Oi0Z/9Z/Z'~nnp'de~ uoileao~laannoa8 FO-(}T ~~I~n~ls~l!~ as~~1~NINNb'1d1~5
r
i
Description of Project Narrative'
~ what is being proposed?
o l am respect~uliy requesting a Conditional Use Permit ~CUP~ which wil[ allow me to raise
chickens on my property located at 11475197~~ Ave. Nw in Fllt River. See appendix 1
Property Location} I plan to house and raise approximately twelve fiv fifteen X12 -- ~.5}
chickens for my own personal egg and meat production,
o My property is 3,3 acres in size, triangular in shape which is surrounded on the west side
by trees and brush, a substantial 120' power line easement along with trees and brush
on the eastside, and 197~~'Ave Nw on the south side, See appendix2 Site Drawing}
o The location o~the chicken coop is displayed on the site drawing,
o Feed will bestored in a steeltrashcan ina closedshed.
o Chicken manure will be disposed in the compost bin located at the back of yard 4See
appendix 2 Site Drawing}, ~dars should not be a problem as i have been camposting
chicken manure gathered ~rvm local farmers for the past year, I have not noticed any
odors or had a.ny complaints o~ adars in the past,
Hours o~ aperation
o This is a private operation, not a business. There will not be any hours o~ operation,
~ Number a~ Employees
o None
~ Number of parking stalls, existing and additional
o N/A
~ is there proposed screening a~the site?
o No
~ Proposed building materials
o Chicken coop will be constructed of wood with a steel rood See appendix 3-5 Building
Plans}
o Haw do they comply with applicable design standards
® Coop will be painted to match colvrscheme v~ house an the property.
1~Page
g Signage
o Hove many
None
® Proposed size
~ N/A
Locations
® NSA
What type
® N/A
~ Is thereout5idestorage
o None
a What is being stored
~ N/A
How much
e N/A
a Proposed screening
® N/A
2~Page
APPENDIX 1
APPENDIX 2
~~~o
~~
~~
1 IT^ V I v1 '411 !-1\ M 1\ ^1
Elk River, MN 55330
313 acres
Appendix 3
Front View
~~~ ~ ~~~~
f
APPENDIX 4
~z„~
ratters ~~~~rr,
4~4~
corner stud ~~~
top plate
~~)
studs
~~~)
perch
1;c6
litter boarr~ ~~~
~~
exterior type
plyv~ood floor
2x4) joist
(4x4) skin
II~
II~
1
1
1
1
1
1
1
I
II~
Side View
APPENDIX 5
I I I
I i 1 1 1
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1 I 1 1 1
~~~~~~~ ~ ~1~~t 1 1 l~~~t
1 ~I~~t ~
i 1 1 1
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I ~ I ~~~ ~ 1
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v-- -~ ~_ _... __ __ ~~ _~ ~.~ ~~ _,... _~.I__ --- ---.. ---- --. -- .-_ __ __ __ __ -- _-!
Top View
~~
1~~arch 1 S, X41 ~
vA F. Epp
~2U0 ADS Center
~D 5auth nth SCre~t
Minneapolis MN 5542-157
tel 61 ~,971.8~0~
fax 61 ~.977,$b5~
C c 1~~,,~--~
~~~ ~~'~
3I~SI~~
J~~k ~. Perry
~~1~} 977~84~~
Sperry c~r br~ggs,com
~a ~ve~ ~~.n~~n's o~~os~~ion to ~t~r s~~~s proposed ~~ 'ode
ai~en~mcnt~ to t~~a~t ids Febrnar~ ~ (~~.~ 'I~~ccn~c ~.naen~ae~t
~~l~c~.~ion
Dear ~ou~ciln~en~.bers;
~it~ staff' prapased an March ~, 20 ~ a, P~a~.l~.~ ~on~rnission reGOmrnended on I~a~ch ~,
~a ~ 0 and ~zt~'s tiro outside attorneys suppor~~d by men~~~anda dated h~arch ~ Z, ZQ ~ a, ~~ty
~au~.c~1's appra~val of the dew Bu~'fer ~rdinanc~ ~i. ~., Bx, ~ ~~, draft ~Jrd.~. But, unless City`s
ab~eet~ve is to bath ~1~ undo zts approvals shaae at Ieas~ ~ ~9~ of ~~L's ~.an~dlsposal Iandfxll
"companents't (xncludin~ n~o;~ztarin~ ~e11s a d buffers outside of the S~vF overlay dzstrict and
~2~ con~avene its prior representations to ~ud~e v'arca, ~~~~ ~auncil`s approval of tie New
Buffer C~x~din~nc~ ~rauld be a ~na~or mistake, And, try as t~.ey may', City's ~vo outside legal
counsel cannot in food faith blame the vlctl~ - i. ~,, ERI. -- far this sit~atian ~~lch is olear~y
Uf ~lt~''S 0. n~a.~ln~,
~~~
At ~~v ~F.~ CIA
~. Fir ose
The stated purpose for tha Ne~v Buffer ~r~inance, as set forth in its caption, is as falla~s:
~ ' ~AFF~ AT ~~ ~ JFF~ ~ ~~
Hriggs and Morgans Praf~~s~anai Assaciatio~
Minneapolis 15t. pool I wwwbriggs,cam
Member - Le~c Mundi, a GigbaC Rsso~iatian of Independent haw Ffrms
~RI~~~ Ago MC~R~AN
~11~ River pity council
March 1 ~, ~ Q ~ 0
gage 2
IT
~~, l ~~, draft ord. at 1 bold and capitalisation in origi~~al~
~a~ ~~
The ~e~v Buffo ~rdinancc consists of four significant changes to the existing ~it~ ~a~e,
These foux~ changes arc, as sho~r~ in the redlined changes ~~ the existing ~it~ ~~~~, as falla~vs;
a. The first sentence of ~~e e~~itio~ of''so~~d as~e fa~~lii~" ~~ ~ ~~~1
~ w9~
,~oZrd w~s~e , facili~~ xneans all property, real or personal, including negative and
positi~re ease~~ents, ~ wate~~ and air rights, all storm mater mana en~ent
facilities, and all buffer as~eas or ~uf~er zones, ~vhicl~ i-rare ox m~~r ~e require,
needed or useful far the processing or disposal of paste and ~~~• v~hich rocessin
p g
or disposal of waste a license is required under the p~~ovisio~as of this ~ bode,
Ca~n~pa~e fix. ~ 55, dxaft ord. at ~ ~ 1, ~i~h 1x,1 ~$ at ~.
b. A yew subsection (e) to § 30-1834
~ solid haste Facilities restricted. to ~~~' ~--,- solid haste Facilities ~~erla
I~ist~ict, No solid ~~.ste FaGilit includin an onion of a soli , „„ to ~`a;cilit~r,
V~;a
an easei~et~ts mater or air ri lets ail sto~~~ mater m~.na e~.ent facilities and all
buffer areas or buffex• pones re aired. needed or useful for the establishment
andlor ~ eration of the Solid haste ~'acili shall be located or o crated. in the
,~exce t in those areas of the ~i located ~vitl~in the SF -- Solid haste
~ac~~itzes ~verlaV Zones is~ric~.
~`o~~~~~~ ~~, l ~ ~, draft ~r~, at 2 ~ ~,1Nt~`h ~X. 1 ~ at ~$,
c. S~ctioa- S8~1d0(b)
Lecc~tian cf ~ . ' So~~~' ,~ ~a teto ~~ ~'~c~~z~re~~. l~'o ~~ ~i.
'haste ~t~ Fad, i~~ciudin an onion of a Solid haste ~'acil~ty~
easements ~vatcr o~° air ri hts ail sto~~ water mono en~ent facilities and all buffer
ax eas ar buffer ~o~es re aired needed or useful for the establishment a.ndlar
o eratian of the Solid Taste Facili sh~.ll be located or operated in the
B1~~~~~ ANA M~R~AN
Lll~ Raver ~~ty Coun.e~l
March 15, X010
~a~e ~
except ~n these areas of the e~,~ ~-~~ ~.r~~ ~ .
~-~ ,~~~;~,~,~~ ,.,~~ ...~.n~...~~~~.~~.~__trs lacate~. withh~ the SwF - alit
waste ~`ac~~xt~es ~ve~~l~.,y oni~. ~lst~zc~,
~'oj~~~al~~ ~~, ~ S 5, draft ~~~d, at ~-~ ~ 3, ~vi~~ ~~, ~ ~ S at ~ .
d. ~, new subsection (~) tv ~ 5$-171
~. X00 feet f~~om the nearest ro e~ which xs not vacated w~thxn the ~ -
olld waste Facilities Qverla ~on~n L~~strict.
~'aj~~ pa~~ Ex, ~ ~ ~, ~x~,ft ~rc~, at ~ ~ 4, w~~1~ ~x.1 8 ~t 1 ~,
~u~sti'iea~~n.
The ~ustiflcation far the New duffer ~r~inanee is essentially twa-fold;
"Therefore, ~e pity ~ou~~cil fznds that the ~e~n~tion of solid
waste Faezlit~ in chapters 3 0 and 5 ~ of the l~ll~ River ~it~ fade daes, end ~
has, included required buffer areas buffer pones and that, therefore, requz~~ed
buffer axeas and buffer ~a~xe~ are required by the current pity fade to be located
wit~.n the Solid waste ~`aeiiitie~ Overlay ~onir~~ L~istriet," fix. 1~~, daft Card, ~.~
~, ~`indin~ ~ emphasis added}.
"N~twith~t~.nding the lan.~ua~e of ~e pity bode requiring that all
property ~.eeded or useful for the processing ox ~.ispasal of solid waste be located
within the Solzd waste ~acilxties Overl~.y ~ani~a~ ~is~ict, and its ~~-yeas history
of carnpiying with this re~uire~~ent, Ells River Landfill is now tal~in the ositian
that C~1 }~ the fit `s ~ ~~~dinance is an~~bi uous and G~2}~ tl~~.t r~q~.i~ed_ ~buffeza
areas ar 'buffer zones are net re uire~. to be loc~.ted within the Solid waste
Facilities ~verla Bonin .Dzstrict. -' ~~' , Tindin~ ~ 0 ~emph~si~ and bracketed
information added}; fd,, cover letter at 1 ~~RL's "new position ~•e~ardi~.~ buffer
areas"},
critically, the New ~u.#`fer ordinance i~s nit being ~ustif~ed by a, ny purported set~ae~ or
buffer requirement within. either fix} doe e~.istin~ pity bode de~~aition of "~anltary Lan.d~ll"
~~ ~ ~-~ ~ ~~x, l ~ ~ at ~ }~ ar ~~} the e~istin~ City fade section era "S.AN~T.AR~ LAN~F~LLS"
nat~.bly, ~rtiele ~~~, ]division ~ ~~ 58-171 ~"Prahi~bited ~.~eas"}, ~~w172 ~"License"}, ~~~~?~
~"~inin~un~ requi~ernents'f } or ~ ~~ 174 ("Perfarzaaance standards"} ~i~. at ~ ~m ~ ~}, Rather pity
staffs cover letter cai•rectly describes the b~`fer requirement as ~, "St~.te law." fix, ~ ~S, cover
letter at 1;11~i~~n. R,'~035.~81~, suhpf 4~~}~~}.
gRl~~S ~~a M~R~AN
ilk Riven ~i~y Council
~a~~ch 15, ~a 1 ~
Fage 4
~'he anl~ stated existing pity fade justificatian far the changes is the first senten.ee of the
'idefinition of ~~lid wasta Facility in ~hapte~ 3~ and ,~~ which defines ~olxd wasfie ~`acilities as
'all. prope~y, real ar personas , . ~ needed a~ useful for the ~iocessin or dis oral of solid w~st~ , ,
"' ~'~ ~.t ~, Findfng ~ ~empl~asis added, ~~d, aecarding to Finding ~, ''~t]his de~"znitian of valid
waste Facilities has alwa s been. ~nte~ Feted to include ill cow ~nens n~c~ss~r fir ~hc
o Brat of a solid waste facility, includi~ag ~•equired buffer areas and buffer zones," I~ at 1,
Fln~.ing S ~e~.pl~asis added. whip Finding ~ does not identify file "con~panents necessary far
the aperatian" of a landfill ~xd, }, Minn, ~. Ch. ~~3 ~ daes, ~. ~~~ 5 requires a ~I~ landfill to
have, among other things, nYQnitaring wells and a ~aadfaat buffe~~.
Tie supposed "~~~year history of complying with Phis require~.e~1t" that '"all eamponents
necessary for the operation" of the landfill be witb.in the F ove~~lay district is ide~~tifzed as
follows:
4. since ~ 9~~ry the C~JP far the landfill has been renewed and
amended l0 times.
~. Begi~~ing with approval of the original C~JP for the Landfill,
tbraugh all of the renewals and an~e~ad~~cnts, it has been u~~derstaod that ~h~ ~0~-
faat buffer zone provided fo~~ in the ~;UP has been ise aired to be located an
~a~~d~ll ra ert within tae ~alzd waste Facilities Qverla ~anin district.
~. 'fhe ~~o~foot buffer zone an the e~.s~, west, and. sauth sides of the
landfill leas alga s been lacated an landfill xo e within the solid waste
Fa~iliti~s„ Overlay ~aiaing l~istr~c~,
~~ at ~, F~iadings 4~~ emphasis added}.
Czty attorney Feter Beek ~Beck~ focused on this latter ~usti~catian in his larch 12, 2~1a
inemoi~ariduzn to pity ~auncil. Beef explained that "the prapased ordinance amendments da not
add a requirement that all coinpan.ents of ~ solid waste Facility be located in the solid waste
Facility ~averlaY~ I~istriet, Tl~e ordinance has always required that," ~l ~ ill ~ Memo, at ~,
Indeed Beek can.eludes his m.einarandurr~. to pity council by clarifying that City "staff
recoinine~ds that the pity ~ouneil approve ~e ain.endiBents" o,~ "if it believes" the following
t'4~0 pr~pasitl0n,~ t0 be ti'1~.~:
(1 ~ "the euri~ent pity bode requires all corripanents of a valid waste Facility,
including the requited b~iffer areas, be located within. the valid waste
Facilities ~C~vei~lay] district," and
g~IG~S ~~~ MDRGAN
Elie River Crty Council
March 1 S, ~~ 1 ~
Page S
~2~ "thxs should be rcaffirmed by adapting ordinance an~.endrner~ts that
specifically sa state"
Id.. at 4 (emphasis added).
1. ~s ~+ asitia~.'~ which is ~ha~ ~he~~~ is ~a~ "a~b~ ~ i?,~~' ~~ ~~e ~~~~~~~ ~
~r
Cade ~Xlo~vamcc far ~~.~ buf~cr to be oc~~e o~ts~~c of the ~+' o~cr~a
d~st~°ict is ~~ot "~c~~~
Contrary to l~ finding ~ ~, E has n. argued "that the City's ~~F ordinance is
an~bigu~us." ~~.1 ~~, draft ord. at ~, Finding x ~ ~emplaasis added}.
Based an City's repeated representation to J~t~d~e ~'arca in ~'.~ ~ that the parties' ~aa3
l:lost Canunity Agreet~ne~~t's "language c~ear~y refers to 'ex~sia~.s ~,nd near ~.ses a~. the
landfill prapeoy,"' not to "e~pansians" an the 1~~.~~acre southern dcvclapment area (DAB
prpper~y ~11411~ City Proposed ~enaa, and Order at ~~-27 ~c~nphasis added; see aZsa 121171~~
City oral argument ~1~~. ~ 47 at ~ }}, ERL a~~gued in its January ~~, ~~ ~ ~ letter as falla~s;
liven its priox repeated raprescntatians ~a the Court, City cannot in gaud faith
claim. that 1rT~.I., is baz~{ed by City Code ar atlae~~ regulatory recluircn.~ents from
"cxpand~ing , .. an the l:~andfiill prape~•ty." City is bau~ld by xts reprasentatia~s to
the Caurt~ such a canst~.•uctian ~f the parties' ~~03 Host Ca~nunity Agree~.ent
wa~~ld otherwise improperly render City's "caopcratian" abli~ation n~aat. Where
r~, in an event no such buffer re uiren~.ent in either Cha tar 3D ar Cho ter ~$ of
file ~r~ Coda, And .~~ ca~~ satisfy l~in~a, R. 703~.~~i5's ~~~~faat buffer
through. its a~rangenaants with the adjacent landowner. Moreover, City already
lead its opportunity to identify its ab j actions to and can~a~s ~.~ ~.l~L's 73.4-acre
landfrii expansion, including the I3.4~acre portion of the e~pansian. And City's
sale abjection --~ x. ~., laal~ of ~F ----related just to the ~0 acres of the e~pansian
oft the 1 a~.~-acre ~A property, not the 13.4 acres of the a~pansion on the
existing ~ 37.4-ac~~e Landfill property.
.~d~ at ~~3 ~foatnote omitted; emphasis added. Azad na~rlaere in its ~'e~ruary 4, ~~10 brief to
Judge Marco did Elm represent that there was such an "an~bigu[ity~" in the existing City Ca~.a,
X1411 ~ ~~ reply ~~~, at 3 -11. ~a the ccntrary, ~.~ eanclu.ded its brief Frith the follovaing clear
state:~ent of its "posxtian"; .
~Ia axa~aunt of ~vardsitlaing or fingerpainting by City can change the feet that the
Cit Coda does net ra uire that the state-mandated ~.~~mloot buffer be located
~RIGG~ A~~ M~hGAN
Eik River pity council
Ma~•ch 1 ~, ~~ 1 ~
Page ~
withi~a the Sw~ ove~ra~ ~is~~ic~, And any ambiguity on ~h~s iss~.~ is ~~o~r~i~;e~ 'by
the several applicable rules of canstructxon t~ be const~~ued in favor of ~RL.
Id at 11 (emphasis added).
Additionali~, ~RL's "positio~a" rega.~~dita~ its "~un~an~bi~u.aus'T right to dace the State-
mandated ~a0-faat buffer autsid.e of the SwF overlay district was not "new." Rather far
purposes of conaplyin~ with the St~.tennaandatc~. ~~o-foot b~.ffer under Sinn. ~, ~~~ 5.~8 ~ ~,
su~bp. 4~~~~~}, "newest prape~~ty line" has at all relevant times been construed ~y ERr,, its sister
company ~ui~asville Sanitaa~y Landfill a~ad MP~A to incl~.de all prapertY interests acquired by~
the land~li, including easements onto neighboring properties. See, ~,~,, :~~. ~ 6 i ~~R~'s ~l ~ ~1~~
letter clarifying to x.11 of its reg~.latars, including pity, tl~at Z4D-fort buffe~~ caaa he extended
"beyond the property line if ~,de~uate easements a~•e in dace"}; fix. 1 ~~ ~~urnsville Sanita~r~
La~adfill's ap~raved 200~foot buffer is an ad~aceiat prape~~ty Pei' an easement}, And ERL is not
running from the State~mandated ~~~~foat buffer, instead, ERIr, would, ce~asistent with its prior
carrespondetace with pity and as s~.ggested by Judge ~arca at the January ~~, ~~~a hea~ng,
ca~.ply with the StateMnaandated 2~~Mfa~t buffer by merely naaving the buffer onto tae adj~.cent
property now owned by ~'ille~~, pursuant to an agreement with Tiller,
even ~x~ore inr~po~~ta~.tly, ~RL's "position" that its ~0~-foot buffer can be located outside
of the SwF overlay ~.istrict isa as discussed below, consistent with what pity has for at least the
last ~ ~ years approved of for ERL,'s ongoing landfill operations. ~'~e l~elaw.
~~ ~'~ has fax at ~e~st the ls~ ~~. caxs a roved o~ "cow one~~s'~ o~ ~ f ~
~~~~l o e~°a~~o~s znc~u+~.~~ ~.o~~to~.~xn. eXs aid ~.~~e~s ou~s~de of Abe
w~ ~v~~r~~~_d~~~~~ct
",~A~11 canapanents necessary far the operation of a Solid waste Facilzty" have not been
historically construed ~y ~RL and pity to have to be located within the SwF overlay district."
exhibit l S7 iclenti~es and diagrams the following several "naanitering poznts float the ~, has
outside the cu~~~ent [SwF overlay d~strlct~ boundary";
A Pie~ometers S~~~face water n~onitorilag Points in Rice LaiCelTibbxts ~rool~:
F~~, PZ 1 ~ S, ~~ 1 ~~, ~ w- ~ 0, anti ~ w-13
- ~onitaring wells west of the walking path: .~-~~~~, P-3~~~~, ~-3~~~, P-
3~~ ~, pmt 13~, F-~ 14~, ~m3~~L
- ,Motoring wells east of the walling path and. west of ~;RL prope~~y, P-~~~,
P-~9~
~11~ Rivex• City Council
larch ~ ~a ~~~~
Page 7
I~anitaring wells south a~` the ~~.~- proposed ~A~; 3 ~ ~~~wA, P-~ l 5L, 3 ~ ~-
~w~A, Pp3 l ~L, ~ l ~-C~w.A, P~3 ~ ~L, 3 l $pCwA, P~~ l 8L, 3 l 9w~wA
Monita~•i~.g well east of the BF~L; ~ ~-~v~'A
fix, 157. And City, in concert with SPCA and ~l~erburne County, has approved each and every
one of these ~nanitaring points outside of the ~~' overlay district. exhibit 15~ is but a sampling
of the significant docun~entatio~a of these approvals, ~iadeed ~T~L was fo~~ced by City to pay
City's environmental consultant tens of thousands of dollars to review and apprQVe of these
Mans, Bx.15~.
Predictably, once ~~.~., identified these ~nanitoring weds as being located, with City
approval, ~a~~tside of the SwF overlay district, Bccl~ argued for the exclusion of ~~.onxta~~ing wells
fiyo~r~ "all components of the landfill." ill ~Il q Becl~ demo. at ~-~, Becl~ recognized that
monitoring wells are, in fact, "components" of the landfill, but he nevertheicss canclusarily
argued that o~ "all other components of e Landfill, including ~~l}~ waste disposal areas, ~~~}~
gas wells, ~~3~~ service roads, r~4}~ buildings and ~~~~~ other infrastructure," including (~~ t'buffer
areas,,` are -'required to be , . ,within the solid waste Facility ~C~verlaY~ district." ~'~; at 2-~
~ernphasis added}, Becl~ conspicuously failed, however, to provide City Code basis for this
narrow excl~~sion, City is bound by the language of its City Code, not its la~ryer's ~~ hoc
amendments thereto. Neither the existing City Code nor the New Buffer ordinance allow for
Becl~'s interpretation, A.t best far City, a rewrite aftl~e New Buffer ordinance is required,
'rhe key ~ustifrcation far the New duffer ordinance -~ ~, ~., City's purported 2Z~yea~•
history of requiring ~e buffer to be within the SwF averiay district --~ also fails, exhibit 1G0
directly refutes Findings 5 and ~ and Becl~'s ''strangest" defense thereof. Bxlaibit l ~~ illustrates
mare definitively what is already shown an the Maps ~-~ of exhibit ~~ --namely that the entire
b~~ffer along most of the active disposal area of the west side of the landfill ~~. ~., Cells l 3 ~ l ~~
extends clearly and u~nnistal~ably o~~tside cif the ~~U~'overlay district, Bx,1~4.
Because Cells l ~3 ~ l ~ were "active" beginning in approximately l 999 and conti~aue to be
"active?' today, City had to and. did. approve of the placement of the buffer outside of the '~~`
overlay district far at least the last l ~ years. ~xhs.1~1~~2, fndeed City staffs larch ZU, 2~4~
staff report even "noteCd~ that the proposed finished contours Hof the waste disposals extend rote
th.e ~~a foot buffer strip in several iacations." Bx. l ~~ at 3. ~f course, each of the several times
that City approved of an amendir~ent or renewal of FI~I~'s landfill CAP sinoe l ~~~ ~xncluding dust
days agog, it necessarily determined that the land~`ill complied. with "all requirements" in the
exzsting City Code, including City'spthen interp~•etatian of where the buffer had. to be located
relative to the ~'~` overlay district. ~'ee In~~~~~~a~~ Pa~v~~ ~'~. v, ,Nob~~s C~un~ .~d. g ~ l7 N.w,~d
56b, 579 ~Mi1n~, ~~04~ approval of zoning bequest "signif~ies~ that lts~ determination that the
BRI~~~ A~~ MC~R~AN
Ells liver City Council
March ~ ~, ~~1ti
pale S
application satisfied all othe~~ relevant c~~iteria"}; ~'a~wi~x~ v, ~`~a~~ ~~ng ~`au~~, ~4~ ~,w,~d
~$~, ~8~ ~~inn, 1~~~} ~"when ~. use perr~rt is ~.pproved, tae decisian~ma~ng body is always
linpl~crtly giving the sa~~e masons --- all_requi~~ernent~ fox the issuance of fife pe~nzt leave been
rnet'") ~einphasis added}, ove~~u~e~ a~~ a~he~ g~au~~s ~y ~o~~~~~w~s~~e~r~ ~'a~~e~~ ~v. ~'rr~ of ~~c~~~
.~ir~s, X81 N.w,~d 8~5 Minn, 197},
City's an.~gaing aver decade~long ~.pprav~ of the buffo outside of tlae SwF overlay
district is, ~~no~yeover, 1 ~~~/fl can~is~~nt wzth its pxaviousiy stated ~u~pase fay the buffe~•
requirement. In his Navembex 1 ~, ~~01 memor~ndun~. to ~ayar and City Council, City's
wilding and Zoning A.d.~.~inistratox explained, ~.~ follows, the "purpose" of the buffer:
The_.purpose of this buffex i~ an a~temt ta.~preserve adjacent prapert v~ and
nat~u~al amenities by taking advantage of natural screeni~~g and buffering. The
city's buffer also le~~res are area free of la,r~.dfill activities so that things life
m.onitor~ng wells can be placed on the l~.ndfill property.
lax, 1 G~ ~.t ~ (emphasis added}. ~CQntrary to Becl~'s suggestion, City staff believes th~.t tl~e
monitoring wells axe supposed to "be placed an the l~.ndfill property." .~~,} As app~led to this
buffer on the south end of the landfill, City's building anal ~;oning Administrator repeated on
October ~~, ~aD~ this sa~~e purpose far e bu.ffe~~;
The current two hundred ~~0~} foot buffer [into which it was then seeping to
expands was put in place to provide adequate screening and distance between
landfill activities and the ~Tiller~ prope~~ty to tlae south to__h~~~_p~:ate~t_ CTiiler's
land v~.l~~ .and limit impacts on future uses of th~pc~y.
lax, ~~ at ~tl~ emphasis added}.
whatever subjective inte~~al "'understCan~df in~~" it may have had aver the last 11 ye~~s,
City's o~b~ectivc external act up to the pxesent are all consistent with ET~.L's ~.~nwavering
,'position" tl~~oughaut ~n~t the ~~at~tl~.and~.t~d ~ao~f~at buffer and other "campoll~'ntS" ~~~~,,
manita~~Yn~ wells} of the landfill can, per the existing City Cade anal State law, be located outside
of the Swlj overlay dist~~ict. And City is otherwise bound by lts prior ~ctians, ~`~~ ~~ ~~ ~~~~~~~
a~' ~a0~ An~cua~ .~zr~o~ta~z~ ~djust~rte~t o, f ~~at~~~~ ~a~ Alr ~Iec. and ~~ ~Itili~i~~, 7~~ ~.w.~d
11 ~,1 ~0 ~ll~inn, ~~~9} ~t'ar~ agency must generally conform to its prier norms and decisions ar,
to the extent that It departs f~~om its prior Harms anal decisions, the agency must set forth a
reasoned analysis for the dep~.r~.ire that is not arbitrary and capricious"~ quoting ~c~I~n~~y v,
~on~, ~6S E,~.d 11~~,1~~2 (11th Cir.19~~}}; Pea~~es .~a~ has ~'a, v, .~~~, ~~~ N.w.~d 34~,
X53 ~1Vlir~n. App. ~~~~}, ~evzew d~~tz~~ ~h~inn. April X4,1984}}.
BI~I~~S ~~va MC~~~A~1
~iiC River Cifiy Council
March ~~, 2Q1 ~
gage ~
V~l.~.le he advises Cifiy Council that, "even if the ~r~inance A..endx~.enfi can be
characterised as a change, ~e City has the right to mate such a change to its City Code" ~z~ afi
~}, l~ecl~ nevertheless concludes that a precanc~itia~~ to staffs "reconu~encl[afiion]" is that Cifiy
Council "believe[] tlaafi the cur City Cade requires fihat all eompo~~enfis of ~ solid wasfie
~`acility, inelu~ing the required. lauffe~ areas, be located within the solid wasfie ~`acilities
[Overlays I~istriet." ~~' at 4 ~en~phasis add.e~}, lased on the above, City Council cannot in goad.
faith hold such a "belie[f],'"
To the extent that Cifiy nevertheless wishes, per its dew buffer 0~°~x~.ance, to ~.iseant~nue
zfis over decadedlo~ag approval of landfill "components" ~e.,~,, buffer, n~a~ifiaring wells, etc,
au.tsid.c of the SwF' overlay ~.istrict, City needs to research whether it ca~a~,l~ and should
tecaic, da so, ~R~ is, far cxample, highly doubtful that City could trU.~np ~'~~ a~~d.
~l~erburne Counfiy's apps°ovais of such ~.on~toring a~tside of the '~'F averiay c~istriet. ~n~,
eve~~ if City could. da so, ~Rr, is qurfie confident that I~Iatt l~edvina, City's e~avlronn~.ental
ca~nsulfiant for the landfill since approx~m.ately 1994, would not opine ~aat such an approach
would be envirantnentally pru.d.ent, lather ~-edvina's reco~nn~en.d.ed ~.pprovals to date of the
exzsting landfill "co.panenfis" outside of the ~wr overlay districfi would suggest that he
"'believes" that these approvals were and are appropriate.
~. ~F~'.' ~ ~: shoui ursu~ with ~ ~terna~ive
roaches far its ~ Koval of ~hc 13~acre ia~a~l~ ex a~sion
As pant of ~R~., and Tiller's ~Jctaber ~a~~ request to mine within mast of the landfill
buffer area an the southern end of fihe lan~.fill, City sfiaff represented. that it would be
"xnappropria~te afar City] to eonsid.er" this cxp~nsion request, which it described. as a
"ca~~.ponenfi'' of the c~pansian of fihe l~.ndfill, without fihe full landfill expansion onto the 1 ~$.~~
acre ~I~~ p~"ape~`ty~ ~~. 9~, in response, ~.l~.L and Tiller wifihdrew fiheir req~~esfi. And, as City
inst~~.cted, E~.lr, incorporated fihe previously requested "expansion ... on fiha Landfill property""
into its multiPyear environmental revzew of and. its ultimate ~a~~ch ~~, ~~~9 pay=nit ~~equest fa~.~
tl~e ?~,4~~.cre landl~ll expansion ~ that is, a 13,4~aere "expansion . , . an the l~andf~ll property"
wifih a ~~~aere expansion on the 1 Q~.~~acre ~1~.~ praperfiy.
On ~ctaber l~, ~~09, City denied ~Rlf's requested C1~~1~icense an~en~.~.ent application
far ifis ?~,4-acre landfill expa~~sion for the sale reason that fihe ~ ~$.~~ac~~e ~I~.A. property was net
within fihe SwF, E~ has thus argued fia fihe Court in ~~.~ ~I that City arbit~~rily denied. fihe
1 ~.4g~cre pa~~tic~n of ~R.~,'s requested expansion an the existing 13?,4-acre landfill prape~~ty ~
because it is entirely wifilain the w~' and. thereby unaffected by City's sole basis for denial. Ci~r t
responded by reversing ifis ~ctaber 20a~ insisfienGe on o...~ "consider[ing]" ~Rf.,'s lesser ~ .
r
~~[ ~~~ A~~ MURGAN
Ells ~ivez{ City Council
N~axch ~ 5, ~~~ o
Page 1 D
inclined. 13.4~acre land~"zll expansion with tine fill exp~.~sion request. City argued to Judge
~arca in writing on Juary ~ l , ~~ 1 ~ and orally on January ~9, ~0 l o that ESL ~.ust subn~it a
separate application for the Z 3,4-acre expansion, City ~.J, Capp, Br, at l 1 ~ 1 ~ (" ~t~he Landfill's
application did not scei~, in the alternati~c, such. an anlen~n~ent for just the ~ ~,4 acres, and. the
Landfill cannot asl~ this Cou~~ to corr~pel its approval"}, To furt~ier its pretense that EI~L simply
needed to first bring its l~-acre landfill expansion request to City rather than Judge Marco, City
also specifically enco~~raged ESL in its January 2l, X014 brief to Judge ~~rco to apply fo~~ its
13,4-acne landfill expansion ''as part of , , ,the ~parties'~ process of discussing conditions for
ren, ev~ai cf the Landfill's current ~1~~ and License." .I~ ~e~.p~.asxs a~~ccl}.
Per City's January ~ ~; ~o l o written invitation to do so, ERL requested on Jan~~ary ~~,
~0 l o to have its ~ ~-acre expansion approved as part of City's ongoing "renewal'T process. Ex.
l 4~. despite having solicited the req~~est, City i~~nediatcly rebu~'fed ESL's January ~, X010
requests and City insisted that EI~.L submit a separate C~JPf License amendment application fir
tl~c l 3 acres. Ex.1 ~ 1, wiling City's bluff, ESL did so on ~eb~~ary ~2, ~~ ~ 0. Ex, ~ ~ 3.
Even by Bec.~'s cln~onology of events, the ~cw Buffer C~rdina~~ce arose in response to
ESL's contention in its January 7, 20 l ~ summary ~udgn~ent brief that it could expand within the
~Oo-foot buffer, zf ~e New Buffer ordinance is adopted by City Council, then City gill no
longer be able to maintain before Judge Marco its thinly~veiled ruse t~.at EPA's requ~stccl ~~-acre
expansion within the existing ~~~.4-aez~e landfill prope~~ty could and should instead be pu~,sued
t~.°ough its ~e~bruary ~~, ~~ ~ ~ i ~-acre ~~JplLieense a~.endtr~ent application before pity.
Consistent u~itl~ City's evasive responses to Judge 'area's January ~~, ~.~ ~ ~ questions regarding
the t~.e availability of this alte~•native approach, this new CUP1Liaer~se amendm.e~~t application
option, lil~e the now closed option of pursuing such expansion trough City's renewal process,
will be proven to have been, a.s Judge Varco openly surnaxsed on January ~9, ~~ 10, a
disingenuous ar~u~n.ent to avoid a substantive ruling on the pending N~arc~ 0, X009
C~PILIc~nse arnendz~nent application for the l3 acres. Despite the obvious and intended
preclusive impact of the New Buffer Cardinance ota ERL's pending February ~, Zo ~ 4
C~PILicense amendment appliaation.~ Becl~ ~,i~zculausiy suggests to City Council that nothing
will have changed.. rd. at ~ ~"the proposed ordinance arnenrinaents, if adopted, will not stop the
Landfill{spending application to expand. That application will continue to be p~+ocesse~."}.
~ Tr.~'~ ~ ~~~. e~ end o~ tie c~is~n ~~~f~
ac~°e ~.'i~ xo e~
City's New Buffer C~rdiu.ance ~Ex, 1 S5, daft turd.,}, if adopted, will contradict City's prior
representation to Judge Marco regarding a ~.ey provision of the parties' ~ot}3 east Cornm.unity
~.~~'~~n]~rit.
~~I~~~ Ago MQR~AN
~11f diver City Couneil
Ma~~ch ~ ~, 2~ ~ ~
~. Pale 1 ~
~~. December 17, 200 aid main on ~anu~.ry 4, ~~ 1 ~, City plainly and un~.~.istal.~ably
represented to Judie Marco that tiae parties' ~~~~ Host Can~n~unity A.~reeme~it's "lan~ua~e
clearly refers to 'e~ ansians . , , an the Landfill ram,"' not to "expansiansr' onto Tiller's
adjace~~t 1 a~.8-acre southern development area {~DA~ property, 11411 ~ City ~'.R~ .~ :~raposed
Tema. and ~rde~~ at ~6-~7 {emplaasi~ added~;1 x.117109 City ~~~ ~ oral ~.r~ru~nent..~,.ncl, because
there is na room fnr any rriaterial landfill e~pan~ion on tlae existing 1 X7,4-acre landfill property
other than within. the ~Hwfoat buffer area at issue, City vas necessarily referring to e~pansior~
within this duffer area.
Unless City is ~llin~ to ~ritlad.ra~v its prior representation to Judge Marco and instead
argue that its "coaperatian" abligatian under the 2D0~ Host Con~nunity Agreement is
mear~in~less, the New duffer (~xdinance, if adapted, will render City's priar representation as
false.
`L~~~
City CounciX should at least teznporarily ~.ecline the enactment of the ~ev~ I~uffcr
~~~dina~~ce. ~t xs extraordinarily bad p~~blic policy to ~~ush trough sl~ch arclinance a~ncndn~e~ats
under the demonstrably false wise of "reaffi~.~r~~inga" pity's p~~rported. past "intent,,' particularly
when the real purpose is to than e the la~v i;~ order to stop ESL's previously ~~led and
„complete" February ~~, ~~~~ CUPILicerase a~e~.dn~ent application. .dully infarn~ed
decisic~n~~nal~ing is especially impax~tant given tlae considerably raised stales due to City's
"caoperatiH" obli~atiHS to ~~, in the ~.~~~ Host Community Agr~een~ent,
~Y~
,~ Y, er
JYp
Attacl~rne~ats
cc; City Administrator via email}
p. deck (via e~a~ail}
J. ~al~er {via email}
~. Jeffry (via e:~ail}
~, Aye~•s (via etnail~
~. falters {via e~r~ail~
. Maltz via emaily
~.~t1~~";frr
~~~
r ~ ~
' i ~ ~'""' sH')
~ ~r
~ ~ ~~
yy
~~~i .1~~ ~~dern m~~lte.~~~ r~~ ~ ~ ~ ~ f
C idem:~barr,com~ ~
~~#~o i ueG7U~~, Marsh ~9f ~0~0~ ~~,0~ PM r
o~ Walters, Debra
b~ec: ~RL moniioring points
~~b,
I started the process of conUertin~ the ~RL maps orrer to ~1S last year. The first attachment is a draft of
where 1 leftofl•.
The second attachment is a pdf of the Site reap published in the Zn~9 Annual water Quality Report. The
Site map shows the lacatians of ali of the paints, Take a look and let me know if we .need edits and i'll
. try to line them up in short artier. ~ .
Below are the monitarin~ points thatthe ~R~ has outside the current facility boundary; .
- Ple.~oxneters ~ S~~~aee water monitoring Paints In Rice LakelTibbits I~~~aok: PZ~
P~IZ~, P~I~I~, ~w-~o, a~~~ Sw-~3
p . Monitoring wells west o~~he walking pat1~: P~3Z0~, P-32~~~, PW3o~C, P-~Z1L, P-31~C
P-~ ~ 4C, P~~~~~~~~
1V~onitorz~a.g wells east o~'tho wailing path and west o~ Eft, praport ; P-~~D, Pp~9C
Monitoring wells south of the ~~.L ~pxoposed ~~A}; 3 ~ S-UwA, P-3 ~ 5~, 3 ~ C-awA, Pp
~ ~ G~, ~ 1 ?-0'~A, Pp3 ~ 7'L, 3 ~ Bw~wA, Pp31$~,, ~ ~ 9-TWA
- Moriztoring well east o~ the ~~.~.,: ~ Gm~wA
if we just want tv show the points that fall a~utside the ~Ri.boundary, i think we should go with a Site
Map shawin~ the points listed above,
dive me a call. to chat
elm
Jim Eid~m, P,~,
~azr ~n~~n~~ri~g Co~mpa~~y
4"~00 west 7th St~~~t
Il~inne~palis, MN 5~4~5
~~/2~~~n8~~d^2~~3r (~~~ce)
~brV ~~~/ ~ ~V ~celi~
..n..wr
- ` ~T ~~~
~ Gas probe Ffk River, Minn~soia
Feel
~9d(grasind 5ourcc; 206$AerialsExpross knagcry 5QQ q 5pQ
~r the twin C~lasnraa BAI;~
SuNeyeci Wells (BPA 1998•Presenl~ FlgUre X
~ Well ~RAF7
Q PiexOmaler N WCLL LCCA~'iONS
qab aWA
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p~ 125 5W-10 GP 1B ,~
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P 3a9 C P 3080 ,;~~. +, cap ,+,
P 313 C~i' 304 C If
r ....,..~_....,.,.W....~
tnt a pF 20
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P 314 C~ ~ ......_...._....._....... r,~u ,a f+ ', ~r
_.....~..........._...........~...,..._,
i 303 pWn ~.-"..-.-~--~.~..,-...,~ .w...~...._._..~.......~...-..._.......~
f~f 'P 303 C
' GP 2G ~~u. ~a 312 [?WA ' GP 21
' ":fu. to
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~ P 322 (. ~ P 3i0 C
.~~w,~...w,.~,._~_M.M.
..,,_._..w.~r_.._...~~.._..,.,rj ocPZz
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.. •~~~ PRA ~ GP 25 ~.f' 21 a B
P
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' 208 QWA
~ ~ P 213 aWA
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~
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31C
,w P311p
GP 24 GP 23
r
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~S~NG FACII.RY
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ARTICLE III, ~~L~D 'L~AST~ FACII~ITI~S ~ ~'a e ~ a~ ~3
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~~a~e haw ~e~eronccs: certificate of Hood for new solid waste disposal facilities, Minn. eats. ~ ~ ~ SA.g~ 7,
i1~ii ~. SALLY
ec.5~~~, einiivn,
The following wards, Corms and phrases, when used in Phis article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning;
Dar~geraus waste means waste which would pose a threat to health ar safety, or which may cause damage to
ar materially adversely affect the operation of any solid waste facility, including but not limited to explosives; hospital,
pathological, and biological wastes; nonhazardous industrial wastes subject to the coddispasal regulations of the state
pollution control agency; chemicals and radioactive materials; oil sludges; asbestos in identifiable quantities; cesspool,
dan°~ostic sewage, or other sewage sludge; human or animal remains; ash; mining wastes; sludges; wastes in liquid
state; toxic refuse of any kind, such as cleaning fluids, used crankcase ails, cutting oils, paints, acids, caustics,
poisons, or drugs; and any other materials that the city shall determine are harmful or of a dangerous or toxic nature.
Fia~ardaus waste means any refuse, sludge, or other waste material or combination of refuse, sludge, ar other
waste materials in solid, semisolid, liquid, or contained gaseous farm which, because of its quantity, concentration, ar
chemical, physical, ar infectious characteristics, may;
{9 ~ pause or significantly contribute to ~n increase in mortality or an increase in serious, irreversible,
or incapacitating reversible ill Hess; ar
{2} pose a substantial present ar potential hazard to human health or the environment when
improperly treated, stared, transported, ar disposed af, ar otherwise managed,
~ategorios of hazardous waste materials include, but are not limited to explosives, flammables, oxidizers, poisons,
irritants, and corrosives, Hazardous waste does not include source, special nuclear, or byproduct material as defined
by Cho Atomic energy Act of ~ 954, as amended. Fiazardaus wastes shall include all materials designated as
hazardous wastes by ar pursuant to state arfederal laws, regulations, or standards,
~.ar~~ pollution means the presence in or on the land of any solid waste in such quantity, of such nature and
duration, and undEr such conditions as would affect injuriously any waters of the state, create air contaminants, or
cause air pollution.
Sarritarylar~d~il! means a solid waste facility employing a method of disposing of solid waste on or into land by
var~~us forms of excavation, placernent, burial, compaction, or covering, without creating nuisances ar hazards to
public health ar safety, by utilizing the principles of engineering to confine Cho solid waste to the smallest practical
area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of oath day`s
operation, or at such mare frequent intervals as may be required by the state pollution control agency or Cho city
Salr`~ waste means garbage, refuse, sludge from a water supply treatment plant ar air containment treatment
facility, construction and demolition debris, and other discarded waste materials and sludges, in solid, semisolid, liquid,
or contained gaseous form, resulting from residential, industrial, commercial, mining, and agricultural operations, and
from community activities, The term "solid waste" shall include solid waste which has been processed in a solid waste
processing facility, but shall not include hazardous waste; dangerous waste; tires.; animal waste used as fertilizer;
earthen fill, boulders, or rock; sewage sludge; solid or dissolved material in dnn~ostic sewage or other common
hip:ll~~br ~,municade,conr~l~cfa~~lt~te~~l~oc~'icwl~3~271~1~5191 ~ ~~ ~5 ~1 ~~1~0~4
~'
A.~'Pt~L~ t~I, ~~L~~ '~~5~'E FAC~LI~IES ~ Pale ~ o~ ~3
pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or
discharges which are paint sources subject to permits under section ~D2 of the Federal vVater Pollution ~on~trol Act, as
amended; dissolved materials in irrigation return flows; or source, special nuclear, or byproduct material as defined by
the Atomic l~nergy Act of ~9a~, as amended,
~o1id wane facrjr'~y means all property, real or personal, including negative and pasltive easements and water
and air rights, which is or may be needed or useful forthe processing ordisposal of waste and for which processing or
disposal of waste a license is required under the provisions of this article, solid waste facility includes, but is not
limited to, transfer stations; sanitary landfills; solid waste processing facilities, including resource recovery and waste
reduction facilities; and waste burning facilities, including incinerators, boilers and other facilities for burning processed
or unprocessed solid waste,
Solia~ wane processing ~aoili~y means a facility at which solid waste is sorted, reduced, compressed,
shredded, compacted ar composted far purposes of volume reduction ar preparation for recycling, burning, ar
landfilling, including resource recovery facilities, waste reduction facilities, refuse derived fuel facilities, etc,
~'rarrs~er s~a~ion means a solid waste facility at which solid waste is collected from any source and is
temporarily deposited to await transportation to another solid waste facility,
Wasfe burr~r'rrg ~aciii~ies means any incinerator, bailer, pyrolator, or other solid waste facility at which solid
waste, including previously processed solid waste, is burned for the purposes of volume and weight reduction ar
steam, heat, power, or energy generation, including boilers and other facilities which have been converted tram other
uses to burn solid waste in any form, Including refuse derived fuel,
(Code 1982, § 604.02)
dross references; Definitions generally, § ~ ~~,
lad/. ~~r u~~e ~ ar~G~ea
The purpose of this article is to protect the public health, safety, and general welfare by establishing standards
far and regulating the operation of solid waste facilities in the city, requiring licenses for the establishment and
operation of solid waste facilities, requiring a perforrriance bond and establishing penalties for lack of compliance with
the provisions ofthis article
(Code 1982, § 604.00)
dec. ~. ra~~~~n cuu9ati~e.
The provisions In this article are cumulative and additional limitations upon all other laws and ordinances
heretofore passed yr which may be passed hereafter covering any subject matter in this article,
(Code 1982, § 604,40)
Sep, ~. ~a~~ane,
Upon written application of the licensee ar operator, the city council may grant variances frem the requirements
of tl~e regulations and standards prescribed by this article in order to promote the effective and reasonable application
and enforcement of the provisions of this a~icle,
(Cade 1982, § 604.32)
~.~p:ll~~bra~y ~ ,m.unxcode,comld.c~aul~ptes~lDocView113 ~2~1118819 ~ 311 X120 ~ 0
~.RT~~I,E fir. ~OLIT~ ~A~T~ ~.~C~L1T~~~~ Pale 3 of ~3
The city may issue citations for a violation of this article v~henever any representative of the city discovers a
violation of this article. The citation shall be issued to the person charged with the violation, or, in the case of a
corporation, any officer or agent expressly or impliedly authorized to accept such issuance,
(Code 1982; § 604.34(4))
~~. ~ ec~ve f enfo~~nnen ~~~s.
if a parson fails to comply with the pravisians of this article, the city's casts incurred for corrective action,
including attorneys' fees and other casts of recovery, may be recovered in a civil action in any court of competent
~urisdictian, or, at the discretion of the city council, these costs may be included in the annual license fee for the facility
as provided in section ~~-~23~b~.
(Code 1982, § 604.34(5))
ec. ~T. vn~~ail~f~ ®f ~i~y officers and en°~pdvyee~.
This article shall net be construed to hold the city or any officer ar employee thereof responsible for any
damage to parsons or property by reason of the inspection ar reinspectian authorized in this article, or by reason of
the approval or disapproval of equipment or licensing under this article, ar for any action in connection with the
inspection or central of solid waste ar refuse or in connection with any other official dudes.
(Code 1982, § 604.4(6))
~. ~. u~~~~r~~y ~~ ~~vs addi~anai requ~ren~ens.
Far purppses of protecting and providing far the public health, safety, and general welfare, the city may impose
additional requirements consistent with the intent ofthis article for the operation of solid waste facilities.
~~ode ~ g~~, ~ ~04,~~~
. m~. r~c~~ a~ nab c~nstiu~e c~ncn~ ~ reula~ ac~v~~es.
Nothing contained in this article shall be deemed to be consent, license, or permit to locate, construct, or
r~aintain a site, facility, ar operation ar to carry on any activity.
Code ~g~~, § 6~~.~2}
~. ~~0. enra est~~ci~ns cn was des®sl, s~arae and r~ce~ssin.
~a7 ~Jse of licensed ~aG~~i~ies reauire~. It shall be unlawful far any parson to dispose of, process, stare or burn
solid waste within the city except at a solid waste facility licensed pursuant to the provisions of this article,
~b~ Location o~ soti~ waste ~acilifies. No solid waste facility shall be located ar operated in the city except in
those areas of the city where such uses are allowed as a permitted or conditional use under chapter ~o, article
VI.
~c~ ~an~erous walla, No person steal! dispose of, process, store or burn dangerous waste at any location
within the city except at a solid waste facility licensed pursuant to the provisions of this article, and then only
when specific permission for the disposal, processing, storage or burning of a specific type and quantity of
dangerous waste has been granted by the city council ar the city building and zoning administrator. Temporary
storage of dangerous waste at solid waste facilities licensed pursuant to this article shelf be allowed without
h~~;llllbra~yl ,m~~~code.co~aldef~ultMte~~IDoc'Vicw113~~711158191 311.~I~OIg
AR`~~CI.,~ ~~~, 5~~~~ ~AST~ FACr~~T'~~~~
Pa~c ~ o~ 23
prior approval, for a period not to exceed ~0 days, far the sole purpose of allowing arrangements to be made
for the transfer of such materials out of the city far disposal as required by applicable state and federal laws
and regulations,
~d} I~aza~daus wane. No hazardous waste shall be disposed of, processed, or burned at any location or
facility in the city, including at any solid waste facility. No hazardous waste shall be stored or used at any
location yr facility in the city unless specific permission for,the storage yr use of a specific type and quantity of
hazardous waste has been granted by the city council or the city building and zoning administrator. Temporary
storage of hazardous waste at solid waste facilities licensed pursuant to this article shall be allowed without
prier approval, far a period not to exceed ~~ days, for the sole purpose of allawing arrangements to be made
for the transfer of such materials out of the city far disposal as required by applicable state and federal laws
and regulations,
(Code 1982, § 604.04)
ear ~ ~. anf~~c~Nn re u~a~~on~,
iNhere the conditions impaled by any provision of this artiole are either more restrictive or less restrictive that
comparable conditions imposed by any other provision of this article or any other provision of fihis Cade, applicable
law, rule, or regulation, fibs provisions which establish the higher standards for the promotion and protection of the
publicwelfar~, health, and safety shall prevail.
(Code 1982, § 604.18)
e. ~~ Oar Inec~s~~sr
~a} Inspecfiions and performance evaluations of solid waste facilities shall be made by fibs city in such
frequency as to unsure consistent compliance by the facilities with the provisions of this article, The licensee
shall be provided with written and documented notice of any deficiencies and recommendations for their
correction. The licensee shall remedy any such deficiencies within the time specified in the notice of deficiency,
fib} The operator shall allow the city building and zoning administrator, or any other authorized or designated
representative of fibs city ar of any other governmental agency, access fie the facility and facility premises at
any time during operating hours or at any ether fiin~e following reasonable notice for the purpose of making
such inspections as may be necessary to determine compliance with fibs requirements of this article or any
other applicable statute, ordinance, or resolution. Such access shall be in accordance with the operator's
safety standards and subject to such other limitations as the city council deems appropriate with respect fie
individual facilities,
~c} Any vialatians cif this article ar of the solid waste facility license for the facility which are cited during such
~nspect~ons shelf be immediately corrected,
(Code 1982, § 604.16)
~c4 ~~~ ~. ~~oNa~ian of icl; p~~~,
~a} Any person shall be guilty of a violation of this article if that person.
~~ } Vielafies any term, condition, requirement, standard, ar prohibition set forth in a solid waste facility
license issued pursuant to this article,
~2} Fails to provide to the city any information, report, notification, or ether item required to be provided
by the terms of fihis article or any license issued under this article.
~3} Intentionally or negligently provides to the city any inaccurate information, report, notification, or
other item required to be provided by this article or any license issued under this article.
h~tp.ll~~bra~yl,municodc,coznldc~aul~Wtcstl~oc~iow113~427111~~191 ~11~~~010
Applicant
CASE
CU 10-03
Location Map
Brower
March 15, 2010
Building elevation
Site Plan
Overview
Raise agricultural animals
•
12-15 chickens
•
3.23 acre property
•
Heavily wooded
•
Floor plan
300 feet separation
•
1
RecommendationCouncil Review
Staff and the Planning This item will be reviewed
Staff and the Planning This item will be reviewed
••
••
Commission recommends at the March 15, 2010 City
Commission recommends at the March 15, 2010 City
approval subject to the 6 Council Meeting.
approval subject to the 6 Council Meeting.
conditions outlined in the
conditions outlined in the
memo dated March 9,
memo dated March 9,
2010
2010
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