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Restricted-use site development delayed as contested case proceeds
Summary
City staff said the planned restricted-use site is delayed after adjacent property owners filed a contested-case petition; the administrative law judge set a timeline that will likely push a hearing into the third quarter or later, and staff do not expect a new site to be developed in 2025.
The commission heard an update on the city’s restricted-use site development and was told that legal challenges have delayed the project.
Staff reported that the city purchased property on the west edge of the county in early 2023 and secured a conditional use permit from Lake County. The city submitted a development application to the Department of Agriculture and Natural Resources (DANR), which recommended approval to the Board of Minerals and Environment. After DANR’s recommendation, adjacent property owners filed petitions seeking a contested case review. Staff told the commission the department had not previously received a petition on a restricted-use site and that the procedural questions have extended timelines.
An administrative law judge recently set a schedule for discovery, motions and a hearing, with the hearing likely to occur in the third quarter or later. Staff said the city closed the existing restricted-use site to public use last fall because of limited remaining capacity and expects that the current site will reach capacity during citywide cleanup this spring. Staff said they do not anticipate developing the new site in 2025 while the contested-case process continues. Commissioners asked about potential legal costs and whether the city could recover expenses; staff said legal costs have been incurred and that recovery options could be discussed with counsel later.
The commission received the report and had no further action on the item at the meeting.
