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City Council Minutes May 17, 2010 Page 7 Mr. Beck stated the application does not comply with the Elk River City Code which is a legally sufficient basis for denial. He stated there are many scenarios that could play out in the litigation but making a decision on this application based on what may or may not happen in the litigation is not the Council's responsibility under law. He stated this application should be evaluated and acted on based on its merits and it should be acted on within the timeframe state law requires. Mr. Beck stated the Council's duty is to apply the standards that are required for issuance of a conditional use permit. Matt Ledvina, Landmark Environmental -Stated if this expansion is authorized, excavation would occur and the current screening plan would be lost. He stated all operations of the landfill would be seen from the southern area. He stated the submitted photos are not representative of what the future conditions may be and the time period that it will last. His understanding is that Tiller's mining operation will come within 50 feet of the southern property boundary. Mr. Beck stated the property between 221St Avenue and the existing south boundary is anticipated to be mined and a lot of the landscape in the photos will disappear. He noted staffs concern is the last 200 feet on the landfill property which could go away and create a clear site line on the south boundary. Councilmember Motin noted that Judge Varco in the litigation has said the landfill lawsuit isn't subject to mandamus. He stated the Court of Appeals ruled there is no injunction and Judge Varco's order is not a final order and the city is not compelled to rely on it. Councilmember Motin stated the city has been cooperative over the years with the landfill and noted many past expansions. He stated it doesn't mean the city is uncooperative because it wants the landfill to remain within the Solid Waste Facility District. Councilmember Motin noted the landfill engineer comments regarding the 9 acres of landfill property which he believed could be excavated and would be profitable. Councilmember Motin stated the court did not require the city to rezone the property. Councilmember Motin expressed the following additional concerns with the expansion (including the concerns mentioned for the 109 acre application): Environmental issues for residents: you can state something is safe but it doesn't make it safe. He cited the current oil leak issue in the gulf. The liner is not permanent forever and no one can say it won't ever have any environmental issues. He stated if they were 100% safe the city wouldn't need monitoring wells. ^ Pollution: Odor and garbage. The landfill tries to mitigate these factors but they don't ever go away. He noted Highway 169 is routinely strewn with litter. Mayor Klinzing stated the landfill is making this request based on the assumption they will be allowed to expand onto the 109 acre site. She stated the 200 foot buffer is in the best interest of the residents for the reasons noted tonight and to protect the property owners next to the landfill. MOVED BY COUNCILMEMBER GUMPHREY TO DENY THE REQUEST BY WASTE MANAGEMENT FOR AN AMENDMENT TO THEIR EXISTING