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City Council Minutes September 19, 2011 Page 3 2011(EVANS PARK INC. PROJECT) AS OUTLINED IN THE STAFF REPORT. • MOTION CARRIED 5-0. 7.1. Reauest by Elk River Landfill, Inc. for Land Use Amendment. Case No. LU 11-01 -Public Hearing 7.2. Request by Elk River Landfill Inc for Zone Change Case No ZC 11-O1 -Public Hearin 7.3. Request by Elk River Landfill Inc. for Conditional Use Permit. Case No. CU-11-12 - Public Hearing 7.4. Request by Elk River Landfill Inc for a Solid Waste Faalities License to Operate the Existing Landfill and the 31.8 Acre Expansion Ms. Haug presented the staff report. Counselor Beck would outline the documents contained in the staff report after the public hearing. Mayor Dietz opened the public hearing. Chad Blomgren, 22343 Watson Circle, and also representing the Ridges of Rice Lake Homeowners Association, explained to the council his concerns with allowing the expansion to be approved, noting he and other neighbors do not like the noise and smell of the landfill and compost site. He expressed concerns with the council changing their mind from last year about not expanding. He stated he was told his by realtors in 2002 that the landfill would be closing in 5 years, which is why he moved ahead with buying his home. He requested the council deny the request for the expansion as he and the other residents of the Ridges of Rice Lake felt the expansion is a short term financial gain that negatively affects residents, homes sales, and future growth for the City. • Shavon Erickson, 12163 - 223rd Avenue, explained she has lived in her home for 40 years and is upset by how the landfill has affected her property and wildlife. She is opposed to any further expansion and requested the council deny the request for the expansion. There being no one else to speak, Mayor Dietz closed the public hearing. Counciltnember Gumphrey stated he would deny the four requests from Elk River Landfill on tonight's agenda. He noted he's always been opposed to this project and by expanding, feels it's unnecessarily creating more land that will be unbuildable and unusable, and also feels it's unacceptable to approve their requests, which ultimately take away a future tax base. He stated he felt the residents of Elk River and especially residents of Ward 2, which he represents, are also opposed to the landfill expansion. Counselor Beck explained the resolutions in the staff report for the council's consideration, the first being a resolution approving the Comprehensive Plan amendment, which needed to pass by a 4/5d~'s vote. The second resolution would adopt the rezoning from Al (1VIE) Agricultural Conservation (Mineral Excavation) to AI (SWF), Agricultural Conservation (Solid Waste Facility). The third resolution approves both the Conditional Use Permit (CUP) and the Solid Waste Facility License, together in one resolution. A copy of the CUP and License were included in the packet and would be attached to the resolution approving them. Lastly, included in the packet was a proposed restrictive covenant. This would restrict any portion of the property that Elk River Landfill acquires that is not approved for fill, and would restrict it as a matter of private covenant from depositing solid waste. Counselor Beck stated the covenant is enforceable by the city as well as any property owner living within a • mile of Elk River Landfill. The intent of the covenant is to prevent a future opportunity for the council to change its mind by re-guiding and re-zoning for additional landfill space,