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City Council Minutes October 19, 20Q9 Page 4 license to include the SDA. She stated all the information is submitted with their original March 3Q application, Mr. Beck questioned Ms. Stolz if the CUP and license application is for the facility the landfill proposed at the end of the land use process or for the entire SDA, Ms, Stolz stated that this, the entire SDA, is correct. She further reviewed her submitted presentation regarding an amended CUP and license. She stated the city could Have the conditions in place now for when the Council's zoning decision is overturned in court, Jack Perry, Briggs and Morgan Law Firm -Stated it is the landf~l.l's position that if the cit~r's zone change denial is reversed by tlae court this would be the city's one and only tin~.e to impose conditions, He stated the landfrl.l. felt it was important to get this point across to the city due to the long-term positive relationship between the landfill and the city, and he didn't want the city to think it was tl~e landfdl's goal to catch the city in a "gotcha" situation, He stated tl~e landfill will oppose any conditions imposed by the city if the zoning is reversed Mr, Per~.y stated that ~udge Marco made a preliminary finding that the zoning decision of the Council is incorrect, He stated this is the Council's one and only opportunit~r to impose conditions on the CUP and license and referzed to a lawsuit in Duluth, De~anis Bu~lett, ~251G 225~~~ Court -~ Stated he is with the Ridges of Rice Lake Homeowners Association and the Association is against the expansion, CUP, and license, .A~~ela Nlathzson, 22382 Tipton Street -Stated she is concerned with the Council adding conditions to the CUP and license because the landfzl.l attorney could turn around and use it against the city, She asked Council to continue with floe denials of any permits for tlae expansion of the landfill. Mayor I~1i.nzing closed the public hearing. Mr•, Beck stated he would Tike to clarify what Conditional Use Permit is being asked for, He further stated Ms. Stolz stated the original March application, but Mr, Perry is suing the city to obtain approval of the smaller version as he understands it. Mr. Perry stated this is unt~.l7e and not stated in the complaint, He stated Mr. Beck errored in not telling the Council the landfill would be willing to accept the reduced footprint if the city gave them the zoning change, Mr. Beck asked for clarification from the attorney on what portion they are asl~ing for CUP and licensing approval, Mr. Perry stated the original March 30 application, Mayor I~Iinzing stated the license is dealt with on an annual basis and this is not what has been presented to the Council tonight by Ms, Stolz. Mr. Beck stated Ms. Stolz spoke to the ongoing operations of the landfill license which is reviewed annually, He stated the licensing changes Ms. Stolz discussed can be amended at anytime with a separate application, He further stated the action tonight by tlae Council should be on floe application to expand the landfill, Ms, Haug confir~x~ed it would be a separate application to look at any amendments to the license for the existing facility,