00-0742R

RESOLUTION GRANTING A SPECIAL USE PERMIT TO DEMOLITION LANDFILL SERVICES, L.L.C., FOR A PERMIT BY RULE/DEMOLITION DEBRIS DISPOSAL FACILITY FOR PROPERTY LOCATED AT 1100 WEST GARY STREET.

BY PRESIDENT GILBERT:

WHEREAS, Demolition Landfill Services, L.L.C., submitted to the city council a request for a special use permit for a permit by rule-demolition debris disposal facility on property described as:

starting at the SE corner of the NW¼ of the SE¼ of Sec 4, T48N, R15W; thence 111.24 feet @ N87 34' 56"W, to the point of beginning; thence 656.84 feet @ N2 46' 54"E; thence 545.32 feet @ N87 42' 10"W; thence 656.68 feet @ S2 43' 08"W; thence 544.59 feet @ S87 34' 56"E to the point of beginning; containing a total of 8.21 acres; and located at 1100 West Gary Street;
and said permit application was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has failed to approve said request by a tie vote which was subsequently reported to the city council; and

WHEREAS, the application was previously rejected by the city council on November 23, 1998, and the city council approved its findings of fact on December 7, 1998, Resolution 98-1012; and

WHEREAS, the applicant appealed denial of the application to the St. Louis County District Court, Court File No. C8-99-601467, which court entered judgment for the city on November 18,1999; and

WHEREAS, the applicant appealed to the Minnesota Court of Appeals, Appeal No. C7-00-81, which court in its decision filed July 25, 2000, reversed the decision of the district court, holding that the city's denial of the application failed to comply with Minnesota Statute Section 15.99, and ordered the city to issue a permit; and

WHEREAS, the appellate court did not reverse the district court judgment on the merits of the application, and did not find that the landfill complied with City Code; and

WHEREAS, the city filed its petition for review to the Minnesota Supreme Court, which court denied the petition on October 17, 2000; and

WHEREAS, all appeals have been exhausted; and

WHEREAS, the application has not been found to comply with city of Duluth Zoning Code, Section 50-35(z), solid waste disposal facility; and

WHEREAS, the city council does not find that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed; and

WHEREAS, this approval is made for the sole purpose of complying with the judgment entered in favor of the applicant;

NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to Demolition Landfill Services, L.L.C., to allow for the operation of a permit by rule-demolition debris disposal facility at 1100 West Gary Street, on the condition that the facility be operated, maintained and closed in accordance with plans submitted by DLS, LLC. and Wenck Engineering entitled, "Permit Application for Demolition Landfill" for Demolition Landfill Services, Inc., Sheets 1 and 2 of 2, dated September, 1998, as identified as Public Document No. _____________, and the following conditions:

(a) That the requirements of Minnesota Rule 7035.285 and WLSSD permits be complied with;

(b) That only demolition debris (as defined by Minnesota Rule 7035.0300 Subp. 30) will be placed in the fill area;

(c) That the total amount of demolition debris deposited in the site shall include all amounts deposited prior to the approval of this special use permit;

(d) That Demolition Landfill Services shall provide appropriate certification to the city of the amount of material deposited on site prior to the approval of this special use permit, and that such certification shall be delivered to the office of the building official, no later than November 30, 2000;

(e) Landfill inspection reports shall be sent to all organizations or individuals who file a written request with the office of the building official to be on a service list, including without limitation the city building official, city planning, city council, city attorney, WLSSD, MPCA, Gary-New Duluth community club and citizens' coalition;

(f) Quarterly recycling reports which identify the amount and percentage of material brought to the site that is being recycled, including year to date recycling amounts and percentages. These report shall be distributed to the same list in item (e) above;

(g) Two certified demolition debris landfill operators shall be maintained on the operating face of the landfill during all hours of operation;

(h) The recycling facility and the landfill shall be visually screened, by planting and maintaining vegetative cover, from all property lines;

(i) That Demolition Landfill Services shall file with the city planning division a certified land survey which establishes the footprint and boundaries of the landfill and provides a legal description of such boundaries prior to initiation of landfill activities;

(j) Issuance of this permit shall not be deemed evidence that such landfill activity is appropriate for this site, and that any future applications must be judged on their own merits without reference to this permitted activity.


STATEMENT OF PURPOSE:  This resolution grants a special use permit to Demolition Landfill Services, L.L.C., to allow for the operation of a permit by rule/demolition debris disposal facility at 1100 West Gary Street, on the condition that the facility be operated, maintained and closed in accordance with plans submitted by DLS, LLC, and Wenck Engineering.

The planning commission failed to approve this resolution by a 5-5 vote at its October 13, 1998, meeting.

The planning staff had recommended approval of the request on the following conditions:

(a) That the requirements of Minnesota Rule 7035.285 and WLSSD permits be complied with;

(b) That only demolition debris (as defined by Minnesota Rule 7035.0300 Subp.30) will be placed in the fill area;

(c) The permit be limited to, operated, and maintained in accordance with plans submitted by DLS, LLC, and Wenck Engineering entitled, "Permit Application for Demolition Landfill" for Demolition Landfill Services, Inc., Sheets 1 and 2 of 2, dated, September, 1998.

The recommendation was based on the staff report and the following conclusions:

Points in favor:

(a) There is a need for adequate, safe disposal facilities for demolition, construction and industrial waste materials in and around the city of Duluth;

(b) This property is properly zoned and is of sufficient size (area) to accommodate the requested use.;

(c) A permit by rule demolition land fill has been used to dispose of demolition materials throughout the city. Fill sites, in the past, have been the base for projects such as recreational fields and creating level land for open space or yard purposes;

(d) This permit is required in order to comply with the judgment of the court of appeals.

Points in opposition:

(a) File records indicate that over 800,000 cubic yards of waste materials have been deposited on or in this property since 1974. This property has been the subject of multiple permits, violations of Minnesota pollution control agency (PCA) permits and debated neighborhood concerns for the health, safety and welfare for more than 20 years;

(b) Questions have arisen regarding the presence of the molybdenum in the soils on the tract of land owned by the applicant, and on adjacent tracts;

(c) Questions have arisen regarding the potential for ground water contamination.