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City Council Minutes September 19, 2011 Page 4 without the consent of all the residents within one mile of the landfill. The covenant will be • in effect for 40 years, which is 20 years beyond the closure of the landfill. The term of 40 years is the statutory maximum. Counselor Beck stated Elk River Landfill is in agreement with the terms of the proposed agreements, but they didn't have an opportunity to review and comment on the resolutions before the packets were sent. He stated they should be given the opportunity to make any comments before council takes action. Proposed Findings of the Comprehensive Plan Amendment include: - history of Elk River Landfill - proposed expansion of 31.8 acres rather than the previous request to expand 109 acres - preserves over 60 acres of land at the future interchange of Highway 169 and 22152 Avenue for future development - sets an absolute date for the landfill to close - provides for an expansion fee on the 31.8 acres expansion - provides for the covenant which will ensure that there will be no further expansion of the Landfill - addresses appropriate screening, including a landscaped berm along 221ST Avenue - Elk River Landfill has committed to working with the City in good faith for a possible future trail connection along the railroad trail north of the City limits - approval of a smaller expansion would resolve the pending litigation. Counselor Beck stated Elk River Landfill needs to provide the City with written documentation of ownership of the 33 acres, and execute the Agreement for Issuance of • Amended Conditional Use Permit should it be approved by council tonight. The Agreement for Issuance of Amended Conditional Use Permit becomes effective as provided by its terms. He stated Elk River Landfill needs to execute a stipulation for dismissal of the pending litigation as well as execute a covenant in a form acceptable to the City. Mayor Dietz asked if a representative of Elk River Landfill wished to speak. Gerard Hamblin, an Engineer with Waste Management, stated he has been involved with city staff and attorneys from the start of negotiations and stated they reached an agreement with the documents and resolutions presented this evening. He stated there was one minor issue with the term of the restrictive covenant, and Elk River Landfill suggested keeping the term the same as the Landfill's operating license, which would end in 2030, but understands the rationale the city attorney used. He thanked staff and the attorneys for helping work through this process. Counciltnember Motin stated he understands the concerns that the residents and Councilmember Gumphrey presented, but felt this process had gone on long enough. He echoed the findings in the resolutions presented. He stated he voted against the 109 acre expansion but felt the 31.8 acres proposal was a more reasonable request. He felt the litigation was costly and time consuming, and felt this was a very good compromise for both the City and Elk River Landfill. He stated he would be voting in favor of the expansion. Councilmember Westgaard agreed with Councilmember Motin's comments. He stated when the original expansion request of 109 acres was presented, he wasn't in favor of such a large expansion. He stated it was unfortunate to go through litigation to come to a compromise • but given the circumstances, he said he feels it's the best resolution. Future tax base