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5.2. & 5.3. SR 08-17-2009'1~ ~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 Finally, as I stated earlier, action on this item must occur before September 26 unless an additional extension is requested by ERL. If ERL is now prepared with additional information and the Council chooses to hold a worksession, the worksession could be held on September 14 with final Council action on September 21. Attachments Resolution Approving the Application of the Elk River Landfill, Inc. for a Comprehensive Plan Amendment and Rezoning to Allow Expansion of the Elk River Landfill. (Requires four votes for approval.) Resolution Denying the Application of the Elk River Landfill, Inc. for a Comprehensive Plan Amendment and Rezoning to Allow Expansion of the Elk River Landfill. Land Use Map Inaccuracy Memo Action Motion by Second by Vote Follow Up S:\Council\Lori\2009\Landfill memo 0817 09.doc RESOLUTION NO.09- City Council City of Elk River A Resolution Approving the Application of Elk River Landfill, Inc. for a Comprehensive Plan Amendment and Rezoning to Allow Expansion of the Elk River Landfill WHEREAS, Elk River Landfill, Inc. (ERL), a wholly-owned subsidiary of Waste Management, Inc. (WMI), is the owner and operator of the Elk River Landfill (Landfill); and WHEREAS, Capital Land Group, a land holding company for Tiller Corporation (Tiller), is the owner of an approximately 109-acre parcel of land identified as the Southern Development Area (SDA) located immediately south of the existing Landfill; and WHEREAS, ERL and Tiller have submitted a land use application (Application) to the City requesting: An amendment to the City's 2004 Comprehensive Plan to amend the Land Use Map Element of the Comprehensive Plan to change the land use designation of the 109-acre SDA from "Mining" to "Landfill"; and 2. An amendment to the City of Elk River Zoning Map to rezone the 109- acre SDA from A-1(ME), Agricultural Conservation (Mineral Excavation), to A-1(SWF), Agricultural Conservation (Solid Waste Facility); and WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City Code, the Application was referred to the City of Elk River Planning Commission for the purpose of holding a public hearing and making a recommendation to the Elk River City Council on the Application; and WHEREAS, the Planning Commission held a public hearing on the Application on June 9, 2009, at which time ERL, WMI, Tiller and their consultants were provided as much time as they desired to present the Application and all information and data they desired in support of the Application; and WHEREAS, the Planning Commission took testimony from all members of the public who desired to speak at the June 9, 2009 public hearing; and WHEREAS, the Planning Commission closed its public hearing on the Application on June 9, 2009, but continued its discussion of the Application to a special meeting on June 23, 2009; and WHEREAS, ERL, WMI and Tiller were provided the opportunity to submit additional testimony and written materials for the record prior to and at the Planning Commission's June 23, 2009 continued discussion of the Application; and WHEREAS, on June 23, 2009, the Elk River Planning Commission adopted a resolution recommending to the Elk River City Council that the Application for a comprehensive plan amendment and rezoning of the SDA be denied; and WHEREAS, the Elk River City Council, on July 6, 2009, held a public hearing on the Application and considered the Planning Commission's recommendation; and WHEREAS, ERL, WMI, Tiller and all members of the public desiring to speak at the July 6, 2009 public hearing before the City Council were provided the opportunity to do so; and WHEREAS, all written materials submitted by ERL, WMI, Tiller, and all other members of the public prior to and at the public hearing on July 6, 2009 were accepted into the record; and WHEREAS, during the July 6, 2009 public hearing, the City Council discussed the merits of the Application, directed that staff prepare alternative resolutions denying and approving the Application, and continued the public hearing to its regular meeting of August 17, 2009, in order to provide ERL, WMI, and Tiller the opportunity to present additional materials to address issues 2 raised in the staff reports, during the public hearing, and by the City Council during their discussion; and WHEREAS, on August 17, 2009, the Elk River City Council continued with the public hearing on the Application and provided ERL, WMI and Tiller, as well as all members of the public desiring to do so, the opportunity to present additional testimony and written evidence to the City Council; and WHEREAS, after all parties desiring to present testimony and offer evidence for or against the Application had had the opportunity to do so, the Elk River City Council closed the public hearing on the Application, continued its discussion of the Application, and reached the decision incorporated in this resolution; and WHEREAS, ERL has agreed in writing to an extension of the City's time deadline for acting on the application under Minnesota Statutes Section 15.99 to September 26, 2009. NOW, THEREFORE, the City Council of the City of Elk River makes the following Findings of Fact and Decision with respect to the Application of ERL, WMI, and Tiller for a comprehensive plan amendment and rezoning of the SDA to allow expansion of the Landfill: FINDINGS OF FACT The Landfill was first approved to operate on 40 acres of land in 1971 and first permitted by the Minnesota Pollution Control Agency in 1972. 2. 'The Landfill was granted its first approvals and permits by the City of Elk River pursuant to the City's Solid Waste Facilities Ordinance in 1988. 3. In 1997, the City granted approval for the Landfill to expand the area approved for Mixed Solid Waste (MSW) disposal from its original 40 acres to the current 93-acre footprint. 3 4. In 1988, the Landfill received approval from Livonia Township to expand the area approved for construction and demolition debris disposal (C & D) to a total permitted footprint of 75 acres. 5. The Mixed Solid Waste and Construction and Demolition Debris operations at the Landfill therefore currently cover 168 acres. 6. The Application proposes the development of additional MSW disposal space on 8.6 acres on the southern most portions of existing Landfill property and on 60.2 acres of the SDA. 7. The Application, therefore, proposes an increase in the MSW disposal area within the Landfill from the existing 93 acres to a total of 162 acres, an expansion of approximately 75 percent. 8. Total MSW and C & D disposal areas at the Landfill would be approximately 237 acres if the Application is approved. 9. The proposed expansion of the Landfill would extend the life of the Landfill beyond its current expected closing date. The Application proposes that the Landfill would close no later than 2033 if the Application is approved. 10. The City of Elk River has been proactively planning for its future and regulating solid waste facilities since the 1980's. The City adopted its Solid Waste Facilities Ordinance in 1986, and the Landfill was rezoned to the Solid Waste Facilities Overlay Zoning District in 1988. 11. The City adopted its first growth management plan in 1988 and its first comprehensive plan in 1995. The City's current comprehensive plan (the Comprehensive Plan) was adopted on August 16, 2004. 4 12. The 2004 Comprehensive Plan consists of 13 elements, including the Land Use Element. The Land Use Plan incorporated in the Land Use Element of the Comprehensive Plan designates the current Landfill as "Landfill" and the proposed expansion area (the SDA) as "Mining". The designation of the SDA as Mining has not been changed since adoption of the Comprehensive Plan in 2004. 13. Changing the designation of the SDA from Mining to Landfill on the Land Use Map requires the approval and adoption of an amendment to the Comprehensive Plan by the City Council, as provided by Minnesota Statutes. 14. The Comprehensive Plan states that it should not be amended capriciously and that the following questions should be considered when changes to the Comprehensive Plan are proposed: Is the project consistent with the Land Use Plan? Does the project move Elk River towards its vision for the future? Is the project consistent with the policies contained the Comprehensive Plan? 15. Policies set forth in the Comprehensive Plan which are relevant to the Application include: • Provide a balanced land use pattern which supports a sustainable mix of jobs and housing. • Guide the scale of development to be consistent with the surrounding land uses and general character. • Guide commercial land use to areas that can utilize an appropriately-designed transportation system without infringing upon residential neighborhoods. • Allow commercial areas to develop when they can be designed to be compatible with surrounding land uses. • Include adequate buffering of commercial and industrial developments and adjacent to non-compatible land uses. • Require adequate transition of buffers between differing, non-compatible land uses, making use of natural land characteristics, whenever possible. 5 Require development of proposals to consider the impacts on transportation and natural systems beyond the boundaries of the individual projects. 16. Throughout the Comprehensive Plan there is an emphasis on attracting commercial/industrial development. This is important to the City as this type of development builds a community's tax base and creates more job opportunities. 17. Another fundamental element mentioned throughout the Comprehensive Plan is the need to establish and maintain a positive community image by maintaining the edges and buffers that define and protect adjacent land uses. 18. Preservation of open spaces is also an important policy and goal of the Comprehensive Plan. 19. The Comprehensive Plan provides that the gravel mining area of the City, which is located along both sides of North Highway 169 and includes the SDA, be guided for future development of commercial and industrial uses. This area of the City is envisioned by the City Council as the future economic engine of the City. The goal is to have this area develop with commercial and industrial uses as the gravel is mined out. The tax base generated by commercial and industrial development in this area will then support continued residential development throughout the City. Although this is very long range planning, and there are not yet timetables for extending public utilities into this area to serve those future uses, this is the vision of the Comprehensive Plan and the City Council for this area of the City. The SDA is also located adjacent to the future Highway 169/221St Avenue Interchange, which has great potential for future commercial/industrial development. 20. The 2004 Comprehensive Plan was prepared with the assistance of the planning firm of Hoisington Koegler Group, Inc.(HKGi). In anticipation of the proposed expansion of the Landfill the City retained HKGi to take a closer look at the potential impacts of an expansion of 6 the Landfill on the gravel mining area of the City. HKGi's report, the North Highway 169 Land Use Study, dated November 10, 2008, identified a number of potential impacts related to an expansion of the Landfill and suggested land use, transportation and aesthetic strategies for addressing these impacts. 21. Following receipt of the Application to expand the Landfill, the City retained HKGi to take a closer look at the immediate area which would be potentially impacted by a Landfill expansion and to analyze the potential financial and fiscal impacts on the City of an expansion of the Landfill. HKGi's report on these issues is dated June 2, 2009, and was subsequently updated on June 15, 2009. (The HKGi November 10, 2008, June 6, 2009 and June 15, 2009 reports are hereafter collectively referred to as the "HKGi reports".) 22. The HKGi reports project potential significant impacts of Landfill expansion on economic development in this area of the City and on future tax revenues generated from the SDA and the surrounding area. 23. ERL, WMI, Tiller and their consultants have strongly contested the methodology and findings of the HKGi reports, and the City Council has listened to and carefully considered the evidence and testimony presented by the applicants and their consultants. The City Council also recognizes the inherent difficulty in attempting to project the potential impacts of a current land use on future development which may or may not occur decades from now. 24. The City Council recognizes that there are positive economic impacts to the City while operations at the Landfill are on-going, including the host fees which the City collects from the Landfill and the business which ERL does with local residents and businesses. These economic benefits to the City will be extended if the Landfill expands. 7 25. The City Council finds that ERL and WMI have been excellent corporate citizens and have made every effort to eliminate or mitigate impacts from the Landfill, such as litter, truck traffic, noise and odor. 26. It is the City Council's conclusion, from all of the evidence submitted and the testimony taken, that: (1) Expansion of the Landfill will extend the period of time that the City, its residents and its businesses will benefit from the host fees and other positive economic impacts which ongoing operations at the Landfill generate; (2) The negative impacts associated with an operating Landfill can be mitigated through appropriate regulations and conditions; (3) The long term negative economic impacts identified in the KHGi reports are somewhat speculative, given the lengthy time between now and the potential impacts; (4) The Landfill could, if expanded and operated appropriately, generate some commercial and industrial development in the area and some positive economic impacts for the City; (5) Expansion of the Landfill could generate some additional permanent open space in the City for future public benefit; (6) The balance between the benefits of a Landfill expansion and the potential impacts weigh in favor of an expansion, if an expansion is done, and the Landfill is operated, appropriately. DECISION THEREFORE, the City Council of the City of Elk River makes the following Decision with respect to the Application to amend the Comprehensive Plan of the City of Elk River to redesignate the SDA from Mining to Landfill and to rezone the SDA from A-1 (ME) to A-1 (SWF): A. All of the Findings of Fact and Recitals set forth in this Resolution are hereby adopted and incorporated within the City Council's Decision on this matter. B. The record in this matter shall include all materials submitted to the City and presented to the Planning Commission and City Council, including those materials presented in the staff reports, by the City staff and by the City's consultants, and all materials and testimony submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all testimony received from the public, as of the date of this Resolution. C. The Application of ERL to amend the Land Use Map Element of the City of Elk River 2004 Comprehensive Plan to redesignate the 109-acre Southern Development Area from the Land Use category "Mining" to the Land Use category "Landfill", and to rezone the SDA from A-1 (ME) to A-1 (SWF), is hereby granted. THIS RESOLUTION PASSED AND ADOPTED this 17th day of August, 2009. Stephanie Klinzing, Mayor Tina Allard, City Clerk GP:2629147 vl 9 RESOLUTION NO.09- City Council City of Elk River A Resolution Denyin~ the Application of Elk River Landfill, Inc. for a Comprehensive Plan Amendment and Rezoning to Allow Expansion of the Elk River Landfill WHEREAS, Elk River Landfill, Inc. (ERL), a wholly-owned subsidiary of Waste Management, Inc. (WMI), is the owner and operator of the Elk River Landfill (Landfill); and WHEREAS, Capital Land Group, a land holding company for Tiller Corporation (Tiller), is the owner of an approximately 109-acre parcel of land identified as the Southern Development Area (SDA) located immediately south of the existing Landfill; and WHEREAS, ERL and Tiller have submitted a land use application (Application) to the City requesting: 1. An amendment to the City's 2004 Comprehensive Plan to amend the Land Use Map Element of the Comprehensive Plan to change the land use designation of the 109-acre SDA from "Mining" to "Landfill"; and 2. An amendment to the City of Elk River Zoning Map to rezone the 109- acre SDA from A-1(ME), Agricultural Conservation (Mineral Excavation), to A-1(SWF), Agricultural Conservation (Solid Waste Facility); and WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City Code, the Application was referred to the City of Elk River Planning Commission for the purpose of holding a public hearing and making a recommendation to the Elk River City Council on the Application; and WHEREAS, the Planning Commission held a public hearing on the Application on June 9, 2009, at which time ERL, WMI, Tiller and their consultants were provided as much time as they desired to present the Application and all information and data they desired in support of the Application; and WHEREAS, the Planning Commission took testimony from all members of the public who desired to speak at the June 9, 2009 public hearing; and WHEREAS, the Planning Commission closed its public hearing on the Application on June 9, 2009, but continued its discussion of the Application to a special meeting on June 23, 2009; and WHEREAS, ERL, WMI and Tiller were provided the opportunity to submit additional testimony and written materials for the record prior to and at the Planning Commission's June 23, 2009 continued discussion of the Application; and WHEREAS, on June 23, 2009, the Elk River Planning Commission adopted a resolution recommending to the Elk River City Council that the Application for a comprehensive plan amendment and rezoning of the SDA be denied; and WHEREAS, the Elk River City Council, on July 6, 2009, held a public hearing on the Application and considered the Planning Commission's recommendation; and WHEREAS, ERL, WMI, Tiller and all members of the public desiring to speak at the July 6, 2009 public hearing before the City Council were provided the opportunity to do so; and WHEREAS, all written materials submitted by ERL, WMI, Tiller, and all other members of the public prior to and at the public hearing on July 6, 2009 were accepted into the record; and WHEREAS, during the July 6, 2009 public hearing, the City Council discussed the merits of the Application, directed that staff prepare alternative resolutions denying and approving the Application, and continued the public hearing to its regular meeting of August 17, 2009, in order to provide ERL, WMI, and Tiller the opportunity to present additional materials to address issues 2 raised in the staff reports, during the public hearing, and by the City Council during their discussion; and WHEREAS, on August 17, 2009, the Elk River City Council continued with the public hearing on the Application and provided ERL, WMI and Tiller, as well as all members of the public desiring to do so, the opportunity to present additional testimony and written evidence to the City Council; and WHEREAS, after all parties desiring to present testimony and offer evidence for or against the Application had had the opportunity to do so, the Elk River City Council closed the public hearing on the Application, continued its discussion of the Application, and reached the decision incorporated in this resolution; and WHEREAS, ERL has agreed in writing to an extension of the City's time deadline for acting on the application under Minnesota Statutes Section 15.99 to September 26, 2009. NOW, THEREFORE, the City Council of the City of Elk River makes the following Findings of Fact and Decision with respect to the Application of ERL, WMI, and Tiller for a comprehensive plan amendment and rezoning of the SDA to allow expansion of the Landfill: FINDINGS OF FACT The Landfill was first approved to operate on 40 acres of land in 1971 and first permitted by the Minnesota Pollution Control Agency in 1972. 2. The Landfill was granted its first approvals and permits by the City of Elk River pursuant to the City's Solid Waste Facilities Ordinance in 1988. 3. In 1997, the City granted approval for the Landfill to expand the area approved for Mixed Solid Waste (MSW) disposal from its original 40 acres to the current 93-acre footprint. 4. In 1988, the Landfill received approval from Livonia Township to expand the area approved for construction and demolition debris disposal (C & D) to a total permitted footprint of 75 acres. The Mixed Solid Waste and Construction and Demolition Debris operations at the Landfill therefore currently cover 168 acres. 6. The Application proposes the development of additional MSW disposal space on 8.6 acres on the southern most portions of existing Landfill property and on 60.2 acres of the SDA. 7. The Application, therefore, proposes an increase in the MSW disposal area within the Landfill from the existing 93 acres to a total of 162 acres, an expansion of approximately 75 percent. 8. Total MSW and C & D disposal areas at the Landfill would be approximately 237 acres if the Application is approved. 9. The proposed expansion of the Landfill would extend the life of the Landfill beyond its current expected closing date. The Application proposes that the Landfill would close no later than 2033 if the Application is approved. 10. The City of Elk River has been proactively planning for its future and regulating solid waste facilities since the 1980's. The City adopted its Solid Waste Facilities Ordinance in 1986, and the Landfill was rezoned to the Solid Waste Facilities Overlay Zoning District in 1988. 11. The City adopted its first growth management plan in 1988 and its first comprehensive plan in 1995. The City's current comprehensive plan (the Comprehensive Plan) was adopted on August 16, 2004. 4 12. The 2004 Comprehensive Plan consists of 13 elements, including the Land Use Element. The Land Use Plan incorporated in the Land Use Element of the Comprehensive Plan designates the current Landfill as "Landfill" and the proposed expansion area (the SDA) as "Mining". The designation of the SDA as Mining has not been changed since adoption of the Comprehensive Plan in 2004. 13. Changing the designation of the SDA from Mining to Landfill on the Land Use Map requires the approval and adoption of an amendment to the Comprehensive Plan by the City Council, as provided by Minnesota Statutes. 14. The Comprehensive Plan states that it should not be amended capriciously and that the following questions should be considered when changes to the Comprehensive Plan are proposed: Is the project consistent with the Land Use Plan? • Does the project move Elk River towards its vision for the future? • Is the project consistent with the policies contained the Comprehensive Plan? 15. Policies set forth in the Comprehensive Plan which are relevant to the Application include: • Provide a balanced land use pattern which supports a sustainable mix of jobs and housing. • Guide the scale of development to be consistent with the surrounding land uses and general character. • Guide commercial land use to areas that can utilize anappropriately-designed transportation system without infringing upon residential neighborhoods. • Allow commercial areas to develop when they can be designed to be compatible with surrounding land uses. • Include adequate buffering of commercial and industrial developments and adjacent to non-compatible land uses. • Require adequate transition of buffers between differing, non-compatible land uses, making use of natural land characteristics, whenever possible. • Require development of proposals to consider the impacts on transportation and natural systems beyond the boundaries of the individual projects. 16. Throughout the Comprehensive Plan there is an emphasis on attracting commercial/industrial development. This is important to the City as this type of development builds a community's tax base and creates more job opportunities. 17. Another fundamental element mentioned throughout the Comprehensive Plan is the need to establish and maintain a positive community image by maintaining the edges and buffers that define and protect adjacent land uses. 18. Preservation of open spaces is also an important policy and goal of the Comprehensive Plan. 19. The Comprehensive Plan provides that the gravel mining area of the City, which is located along both sides of North Highway 169 and includes the SDA, be guided for future development of commercial and industrial uses. This area of the City is envisioned by the City Council as the future economic engine of the City. The goal is to have this area develop with commercial and industrial uses as the gravel is mined out. The tax base generated by commercial and industrial development in this area will then support continued residential development throughout the City. Although this is very long range planning, and there are not yet timetables for extending public utilities into this area to serve those future uses, this is the vision of the Comprehensive. Plan and the City Council for this area of the City. The SDA is also located adjacent to the future Highway 169/221St Avenue Interchange, which has great potential for future commercial/industrial development. 20. The 2004 Comprehensive Plan was prepared with the assistance of the planning firm of Hoisington Koegler Group, Inc.(HKGi). In anticipation of the proposed expansion of the Landfill the City retained HKGi to take a closer look at the potential impacts of an expansion of 6 the Landfill on the gravel mining area of the City. HKGi's report, the North Highway 169 Land Use Study, dated November 10, 2008, identified a number of potential impacts related to an expansion of the Landfill and suggested land use, transportation and aesthetic strategies for addressing these impacts. 21. Following receipt of the Application to expand the Landfill, the City retained HKGi to take a closer look at the immediate area which would be potentially impacted by a Landfill expansion and to analyze the potential financial and fiscal impacts on the City of an expansion of the Landfill. HKGi's report on these issues is dated June 2, 2009, and was subsequently updated on June 15, 2009. (The HKGi November 10, 2008, June 6, 2009 and June 15, 2009 reports are hereafter collectively referred to as the "HKGi reports".) 22. The HKGi reports project potential significant impacts of Landfill expansion on economic development in this area of the City and on future tax revenues generated from the SDA and the surrounding area. 23. ERL, WMI, Tiller and their consultants have strongly contested the methodology and findings of the HKGi reports, and the City Council has listened to and carefully considered the evidence and testimony presented by the applicants and their consultants. The City Council also recognizes the inherent difficulty in attempting to project the potential impacts of a current land use on future development which may or may not occur decades from now. 24. However, it is the conclusion of the City Council that an expansion of the Landfill will inevitably have a long term negative impact on economic development within and tax revenue generated by at least a portion of the North Highway 10 area of the City, in particular the SDA and the area immediately surrounding the SDA. Given the importance of this area to the future of the City, the City Council cannot ignore these impacts. 7 25. The City Council has also considered potential impacts of the Landfill expansion on the Economic Development Strategic Plan prepared by the Elk River Economic Development Authority and the Elk River Housing and Redevelopment Authority. Expansion of the Landfill could have a negative impact on the following goals in that plan: To diversify the commercial/industrial tax base of the City to strive for higher quality developments including professional services, corporate campuses, energy related and technology businesses; • To preserve high priority commercial areas for development; To identify and project a higher image and vision for the City that enables the City to successfully recruit and retain the desired commercial/industrial development identified above. 26. The City Council finds that an additional expansion of the Landfill, beyond that approved in 1997 by the City and in 1998 by Livonia Township, is not consistent with the City's policies and goals as reflected in the City's Comprehensive Plan and the work of the its Economic Development Authority, Housing and Redevelopment Authority, Planning Commission and City Council. 27. The City Council finds that image is a huge driver in encouraging development in the community, that having the Landfill located at the northern entrance to the City adversely impacts the. image the City wishes to portray to visitors, residents and potential new businesses, and that expanding the Landfill and extending its life span will significantly increase these negative impacts. 28. The City Council further finds that expansion of the Landfill will prevent future development, at a minimum, in that portion of the SDA which will be filled with Mixed Solid 8 Waste, and could discourage the type of high quality commercial/industrial development which the City is seeking for the important area of the City immediately surrounding the SDA, including the critical area around the future interchange at Highway 169 and 221St Avenue. 29. The City Council recognizes that there are some positive economic impacts related to the Landfill, including the host fees which the City collects from the Landfill and the business which ERL does with local residents and businesses. However, these are short term economic benefits which will end once the Landfill closes. At that point, the portion of the SDA filled with MSW will generate virtually no revenue to the City, and tax revenues generated from the immediate surrounding area will be negatively impacted to some degree. 30. The City Council finds that the Landfill also has non-economic negative impacts on the City and on surrounding residential uses while it is open, including litter on Highway 169 and other public streets from trucks moving to and from the Landfill, the truck traffic itself, road maintenance impacts, noise and odor. Although ERL and WMI have been excellent corporate citizens and have made every effort to mitigate these impacts, they are not capable of being fully mitigated until the Landfill is closed. Expanding the size and extending the life of the Landfill will prolong the period of time that the City and surrounding residents must endure these impacts. 31. It is the City Council's conclusion, from all of the evidence submitted and the testimony taken, that: (1) An expansion of the Landfill will prolong the negative short term impacts of the Landfill on the City and will inevitably have some long term negative impact on the tax base generated from this area of the City; 9 (2) This area of the City is planned to generate the tax base that will support the balance of the City indefinitely; (3) Given the importance of this area to the future of the City, the potential benefits of a Landfill expansion are outweighed by the negative impacts of an expansion; and (4) An amendment of the Land Use Map Element of the City's Comprehensive Plan to expand the area of the City designated for Landfill into the SDA is inconsistent with the policies and goals of the City's Comprehensive Plan and would not be in the best interest of the City, its residents and its taxpayers. DECISION ON LAND USE AMENDMENT THEREFORE, the City Council of the City of Elk River makes the following Decision with respect to the Application to amend the Comprehensive Plan the City of Elk River to redesignate the SDA from Mining to Landfill: A. All of the Findings of Fact and Recitals set forth in this Resolution are hereby adopted and incorporated within the City Council's Decision on this matter. B. The record in this matter shall include all materials submitted to the City and presented to the Planning Commission and City Council, including those materials presented in the staff reports, by the City staff and by the City's consultants, and all materials and testimony submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all testimony received from the public, as of the date of this Resolution. 10 C. The Application of ERL to amend the Land Use Map Element of the City of Elk River 2004 Comprehensive Plan to redesignate the 109-acre Southern Development Area from the Land Use category "Mining" to the Land Use category "Landfill" is hereby denied. DECISION ON REZONING The City Council of the City of Elk River further makes the following Decision with respect to the Application of ERL for rezoning of the 109-acre Southern Development Area from A-1 (ME), agricultural conservation (mineral excavation), to A-1 (SWF), agricultural conservation (solid waste facility): A. All of the Findings of Fact and Recitals set forth in this Resolution are hereby adopted and incorporated within the City Council's decision on this matter B. The record in this matter shall include all materials submitted to the City and presented to the Planning Commission and City Council, including those materials presented in the staff reports, by the City staff and by the City's consultants, and all materials and testimony submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all testimony received from the public as of the date of this resolution. C. Based on all of the above, and on the additional fact that the Application to reguide the SDA from "Mining" to "Landfill" has been denied, so that rezoning the SDA from A-1 (ME) to A-1 (SWF) would result in an inconsistency between the Land Use Map Element of the City's 2004 Comprehensive Plan and the City of Elk River's Zoning Map, the Application to rezone the SDA from A-1 (ME) to A-1 (SWF) is denied. 11 THIS RESOLUTION PASSED AND ADOPTED this 17t" day of August, 2009. Stephanie Klinzing, Mayor Tina Allard, City Clerk GP:2629426 v 1 12 City of River. MEMORANDUM TO: Mayor and City Council FROM: Lori Johnson, City Administrator DATE: August 17, 2009 SUBJECT: Land Use Map Inaccuracy In 2004, the City Council adopted the Comprehensive Plan, which included a map. The map was provided as a .jpeg file, making reproductions and updates difficult. Specifically, it was often difficult to 'zoom' into a certain area of the city to see lot-by-lot detail. Staff developed a CAD version of the Land Use Map, which is in the same format as the Zoning Map, Park Comp Plan and other mapping information used by the City. Staff requested the Council adopt the CAD map, allowing staff to eliminate the less clear version. On September 10, 2007, the City Council reviewed and adopted this more legible CAD version of the Comprehensive Plan (Land Use) Map. The second label of the "Landfill" is clearly not on that approved map. (See Attached) Some time after the September 10, 2007, approval of the CAD version of the Land Use Map and before December 1, 2007, staff went through the entire City CAD Base Map and edited all the text to have consistency on all the maps. For example, a majority of the "street text" is the same font/size and located north or west of the corresponding street. Another example is that all the "plat names" are the same font/size and rotated slightly. There are obviously areas where this was not possible for legibility. In the process of updating the Base Map, staff inadvertently copied the landfill text (i.e. the reference to "Elk River Landfill") onto the parcel to the south of the landfill owned by Tiller Corporation. It should be noted that this text is a reference marker only, similar to how all of the schools are labeled. Any change made on the Base Map updates automatically on every city map, as the Base Map is referenced into each individual map. Therefore, this text carried over to the Land Use and Zoning Maps. Staff has recently corrected this error on the Base Map, which means that all city maps, including the Land Use Map and Zoning Map. There has been only one Land Use Amendment since the 2007 adoption of the CAD version of the Land Use Map. The City Council never saw a full city Land Use Map with that request, only a location map describing the area to be amended. The CAD version of the Land Use Map was subsequently updated to show that amendment. As for the Mineral Extraction Overlay district hatching symbol not showing up north of 221st Avenue and west of Highway 169, the hatch graphics have always been in the CAD Base Map but had been set behind the CAD layer representing the Al zoning district. There are approximately 100-105 graphic layers that comprise the Land Use Map. This is an instance where one of them was inadvertently moved behind another during revisions. i [ F~' ~" c ~. ,, '~~ 1~ ~f`~' ~. 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