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in Section 900.42 of the City of Elk River Code of Ordinances, the city needs to <br />apply "Evaluation Criteria" for conditional uses found in 904.08 (7) of the city's <br />Shoreland Management Ordinance, to ensure the protection of Rice Lake. <br /> <br />It is staff's interpretatio~ that the city does have the authority to determine the <br />type of land uses in a Shoreland District and that a landfill can be considered. <br />Dave Hills, Regional Hydrologist for the Minnesota Department of Natural <br />Resources agrees with this interpretation. <br /> <br />Technical Issues- Matt Ledvina's attached letter, dated October 18, 2001, <br />addresses the adequacy of the Landfill's proposal on a technical level. The Landfill's <br />proposed 3 to 1 slopes for the demolition area, which are consistent with the cells on <br />either side of it. Other technical concerns, such as storm water management and <br />protection of the cap over the existing MSW cell have been considered on a staff <br />level. If this request is approved, the recommendations contained in Mr. Ledvina's <br />letter should be made conditions of that approval. <br /> <br />Screening and Buffering - Besides the interpretation of the Shoreland <br />Management Ordinance, the most critical issue involved in this request is screening <br />and buffering. The disposal of demolition debris is not allowed by state rules within <br />50 feet of a property line and the disposal of municipal solid waste is not allowed <br />within 200 feet. The city's permit is somewhat different in that it requires that a 200 <br />foot buffer strip remain free of the disposal of MSW, demolition debris and <br />associated slopes and ber,,ms. The purpose of this buffer is an attempt to preserve <br />adjacent property values and natural amenities by taking advantage of natural <br />screening and buffering. The city's buffer also leaves an area free of landfill activities <br />so that things like monitoring wells can be placed on the landfill property. <br /> <br />Through previous approvals, the Landfill has already been allowed to encroach on <br />the 200 foot buffer adjacent to the location of this current request. The city's <br />Railroad Hiking Trail is located to the west of the Landfill, where this expansion is <br />proposed. Because of how close the historic waste fill limit is to the city's property <br />in this location, the city has agreed to allow monitoring wells on its property. <br /> <br />Due to it being in the proximity to the Railroad Hiking Trail, the Park and <br />Recreation Commission has been asked to comment on this request. They believe <br />that it is critical for the Landfill to demonstrate that the hiking trail will be better <br />screened after the work under this proposal is accomplished than it was before, since <br />the advantage of distance from the proposal will be sacrificed. The Park and <br />Recreation Commission did not review the actual screening plan proposed by the <br />Landfill, but the attached landscaping plan does reflect the details recommended by <br />the Planning Commission. <br /> <br />Other Landfill Issues <br />When a request is made to modify an existing CUP, all pertinent issues regarding the subject <br />operation are up for consideration. The following are ongoing issues that the Landfill and <br />staff have been dealing with since the last renewal of their permits: <br /> <br /> <br />