5.2. & 5.3. SR 08-17-2009 - Laserfiche WebLink

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'1~ ~j Elk REQUEST FOR ACTION River To Item Number Ci Council 5.2. & 5.3. Agenda Section Meeting Date Prepared by Communi Develo ment Au st 17, 2009 Lori ohnson, Ci Administrator Item Description Reviewed by 5.2. Request by Elk River Landfill, Inc. for Land Use Amendment to change the Land Use of Certain Reviewed by Property from Mining to Landfill, Continued Public Hearing- Case No. LU 09-01 5.3. Request by Elk River Landfill, Inc. for Rezoning to change the zoning from Al (ME) Agricultural Conservation (Mineral Excavation) to AI (SWF), Agricultural Conservation (Solid Waste Facility), Continued Public Heari -Case No. ZC 09-01 Action Requested The public hearing for items noted above was continued to this meeting; therefore, the public hearing must be reopened. The Council may take action on these items at this meeting or delay action until a future meeting. Action to deny or approve these items must be made by September 26, 2009. Background/Discussion At the July 6, 2009, City Council meeting, the Council approved a motion to continue the public hearing on the request by Elk River Landfill, Inc. (ERL) for the above referenced applications to August 17, 2009. The public hearing was continued and action on the applications delayed at ERL's request to allow ERL more time to present information to the Council. Following the July 6 Ciry Council meeting, the Elk River Landfill (ERL), through a letter from John Kellas dated July 15, 2009, requested a worksession with the City Council. Because the public hearing had been continued to August 17, 2009, the Council did not schedule a worksession prior to the continued public hearing. The Council is not required to hold a worksession, but may if it desires. Since receiving the worksession request from ERL, city staff and City Attorney Peter Beck have contacted ERL representatives on several occasions expressing a desire to meet at the staff level to discuss ERL's additional development options and other items identified in Mr. Kellas' letter. ERL representatives have not responded to these requests for a meeting with staff. An ERL representative did state that ERL did not have any new information available to present to staff. To date we have not received any additional material from ERL to be distributed to the Council prior to the Council meeting. Further, City staff has no new information on this item to present at the Council meeting. A previously raised issue about an error in the City map is addressed in an attached memo from me titled Land Use Map Inaccuracy. Also attached are resolutions drafted by Peter Beck as requested by the Council at the July 6 meeting. If the Council chooses to take action at this meeting, the action should be made by adopting the appropriate resolution. S:\Council\Lori\2009\Landfill memo 08 17 09.doc