5.4. SR 05-17-2010 - Laserfiche WebLink

Home Browse Search

B R I G G S ANU M O R G A N City of Elk River Planning Commission Mav l 1..2010 Page 5 from enforcin;? the existing: Guide Plan and 7onin~ ordinance a~~ainst [ERL`s~2 proposed expansion. Icl. at 3-~ (bracketed information and emphasis added; italics in original.). Unless and until the District Court issues City's requested Minn. R. Civ. P. G2.03 stay, City must proceed with its ongoing permitting involving the landfill expansion consistent with its counsel's above representations -that is, that City is "compet[ed]" or "require[d]" by the 4/2110 Order to recognize that the SWF Overlay District has been extended to the adjacent 109-acre SDA. The May 7; 2010 Cite Staff report nevertheless maintains that the "Current Zoning" for the adjacent 1.09-acre SDA is "A1(ME)," not "A1(i'V1E)(SWF)" as is required by City's counsel's above judicial representations. if City changes its mind and now wishes, as reflected in the May 7, 20}0 City Staff report, to act as if'Cite is not "compet[ed]" or "require[d]" by the ~I2/10 Order to recognize t}.•rat the SV~~F Overlay District has been extended to the adjacent 109-acre SDA, then. it must inform both the Court of Appeals and the District Court of its new position. As the District Court instructed. City at the April 2, 2010 hearing on ERL 's Motion to Supplement the Record in ERL II, City "cannot have it both ways." And City must elect which way it's going to go on this issue before the scheduled 8:00 a.rn. May 19, 2010 stay hearing. .Properly scrutinized, ERL is entitled to the approvat of its requested Ct1P/License amendment for its 13-acre landf 11 expansion.. Alternatively, City should delay its decision until. the District Court issues its ERL 11 ruling and/or City addresses Tiller's pending February 22, 2010 mining C[IP application. ~:. .~ . e , J~'P%lcg Attachment cc: J. Baker (via email) B. Jeffry (via email) M. Ayers (via email) D. Walters (via email) S. Stolz (via email} J, Asmus (~~ia email) 250(9A6~~6