5.4. SR 05-17-2010 - Laserfiche WebLink

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U .J ! V J! L V 1 U 1 U. 1 V BRIGGS ~~~ March 9, 2010 VIA AMA ZL ui~~.uu..: ,•ivi~unn rn ~..i 1 2200IDS Center 80 South ech street Minneapolis MN 55rI0z-2757 tcl 612.977.3#00 fax 6T2.9'I~_8(SD ~ ~ ~ ~~ ,~~~ Jbck X. Ferry (b.12)977-6Q97 jpezry®briggs,co~ Re: iJ~c utiver Landfiii's oppositions to City st~~>t~g proposed City Code amendments to thwart its February 22, 2fl1t0 C~CTP/Lxce~ase axxte~a.draent apiplication 17e~r Cozxtn~ission Members: City staff's pt~oposed City Code azir>.endtnenis regazding the 200~foot buffer fox landfills are, to say ~e least, ill-advised. The amendments, if adopted by City Council, will (1) contra~re~ae several of City's prior r+rpresentatio:ns to the district court, and (2) establish tens of xnillions of dollars iz~ breach of contract damages. Planning Commission should not recommend City Council's passage of these amensdtzT.extts. B,A,C~Gl20TJND EIk River Landi'i,I1, xn,c. (ERL) anal City of Elk River (City) axe currently litigating City's de:zaals of ERL's March 30, 2009 tezoz~ing and CUP2icense amend>tzaent applications for its proposed 73.4-acre landfiil.l expansion onto bvtla (.1) the southern-most pvxtioxl o~ its existing 137.4-acre 1andtxll property and (2) the adjacent Tiller property to the south. ~RL's proposed lesser-included 13-acre landf~11 e~.paasion oxxto just the portion of its existiz~.g 137.4-acre landfill property is largely within the State-mandated 200-foot buffer and completely within the solid waste facility (SWF) overlay district. because Cit~r's sole stated reason for denying )/kLL's March 30, 2009 requested CUP/License azxxendznent application far'the 73.4-acre landfill expansion was that the undexlyia~g property purportedly was not ~~vithin 4he SWF overlay district, ERL moved Btig95and Morgan, Protesalonel Associat[on Minneapolis f Sti. Pavl i www,bnggicom Member Lex Mundl, a Global Association of Independent Law Flung