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City Council Minutes March 15, 2010 Page 6 of the proposed ordinance amendment don't make sense because it is contrary to city records. He, along with the landfill, suggests delaying this item so it can be further reviewed. He stated they will extend the timeline of their February application. He stated this affects the landfills operation. He stated the city would be making the landfill anon-conforming use in the buffer areas. He recommended turning this issue over to the engineers to work out the ordinance amendment. Terry Johnson, professional geologist -Stated he worked for the City of Elk River from 1991 to 1996 in a regulatory capacity in the monitoring of the landfill. He stated he joined the predecessor company to Waste Management in 1996 and has worked for the landfill since. He reviewed Exhibit 160 and stated from his understanding it was the city's intent to place all infrastructure in the overlay district and he reviewed the items the landfill has that go over the district boundaries. Mayor Klinzing closed the public hearing. Council questioned how this ordinance amendment would affect the landfill. Mr. Beck stated he is unsure the line drawn on the map by the landfill is the solid waste facility overlay district. He stated it is not the Comprehensive Plan line. He stated if the boundary is different, the city could fix it by a rezoning. He stated this issue doesn't make a difference with the proposed ordinance amendment before Council tonight. He stated the purpose of the ordinance amendment is to reaffirm the intent of the ordinance. Councilmember Motin questioned if this item should be delayed a month in order to work through any issues. Mr. Beck stated the landfill has a endin a lication and there hasn't been an letter from P g PP Y the applicant for an extension. He stated litigation with the landfill is also pending and the schedule for this is unknown. He stated the proposed amendments have always been the intent of the ordinance and additional changes could be made in the future, if needed. He further stated if the city cannot clearly establish that the entire landfill is in the solid waste facility district, then staff will come back with an ordinance amendment to rezone it into the solid waste facility district because it was always the intent and understanding. Mayor Klinzing stated the two issues are separate as far as reaffirming the buffer zones and dealing with the issues of the solid waste overlay district. She felt the city should move forward with the ordinance amendment. She stated the comments from Mr. Perry regarding the non-conforming use are incorrect with this issue and the city is not creating a non- conforming use. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 10-02 AMENDING CHAPTERS 30 AND 58 OF THE ELK RIVER MINNESOTA, CITY CODE TO REAFFIRM THAT REQUIRED BUFFER AREAS AND BUFFER ZONES FOR SOLID WASTE FACILITIES MUST BE LOCATED WITHIN THE SOLID WASTE FACILITIES OVERLAY ZONING DISTRICT. MOTION CARRIED 5-0. Councilmember Moon stated these changes are to put us where we already were and don't make any changes. He stated it was always the understanding of the city, which has been confirmed many times with the issuance of past conditional use permits and discussions, that the landfill and the buffer had to be in the solid waste overlay district.