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• • Landfills are an interim use, similar to mining activities, which are allowed in the Shoreland District of a Natural Environmental Lake. If done appropriately,in the long term the Landfill will be a grassy slope with no negative affect on Rice Lake. In addition to the normal seven standards for reviewing a conditional use permit found in Section 900.42 of the City of Elk River Code of Ordinances, the Planning Commission needs to apply "Evaluation Criteria" for conditional uses found in 904.08 (7) of the city's Shoreland Management Ordinance,to ensure the protection of Rice Lake. It is staff's interpretation that the city does have the authority to determine the type of land uses in a Shoreland District and that a landfill can be considered. Dave Hills, Regional Hydrologist for the Minnesota Department of Natural Resources agrees with this interpretation. ➢ Technical Issues - Matt Ledvina's attached letter, dated October 18, 2001, addresses the adequacy of the Landfill's proposal on a technical level. The Landfill's proposed 3 to 1 slopes for the demolition area,which are consistent with the cells on either side of it. Other technical concerns, such as storm water management and protection of the cap over the existing MSW cell have been considered on a staff level. If this request is approved,the recommendations contained in Mr.Ledvina's letter should be made conditions of that approval. ➢ Screening and Buffering - Besides the interpretation of the Shoreland • Management Ordinance,,xhe most critical issue involved in this request is screening and buffering. The disposal of demolition debris is not allowed by state rules within 50 feet of a property line and the disposal of municipal solid waste is not allowed within 200 feet. The city's permit is somewhat different in that it requires that a 200 foot buffer strip remain free of the disposal of MSW, demolition debris and associated slopes and berms. The purpose of this buffer is an attempt to preserve adjacent property values and natural amenities by taking advantage of natural screening and buffering. The city's buffer also leaves an area free of landfill activities so that things like monitoring wells can be placed on the landfill property. Through previous approvals,the Landfill has already been allowed to encroach on the 200 foot buffer adjacent to the location of this current request. The city's Railroad Hiking Trail is located to the west of the Landfill,where this expansion is proposed. Because of how close the historic waste fill limit is to the city's property in this location, the city has agreed to allow monitoring wells on its property. Due to it being in the proximity to the Railroad Hiking Trail, the Park and Recreation Commission has been asked to comment on this request. They believe that it is critical for the Landfill to demonstrate that the hiking trail will be better screened after the work under this proposal is accomplished than it was before,since the advantage of distance,from the proposal will be sacrificed. The Park and Recreation Commission did not review the actual screening plan proposed by the Landfill. •