The Duluth (Minn.) City Council has approved the expansion of a Gary-New Duluth demolition landfill.
Councilors voted 6-3 on Monday to allow Veit Demolition Landfill Services to expand its 11-acre landfill to about 37 acres by 2018.
The permit would automatically be granted without the council's numerous conditions in about two weeks unless councilors specifically reject the request.
The expansion request now goes to Mayor Gary Doty for final approval.
Monday's measure made slight corrections to a version of the expansion request councilors approved June 11. That decision was later vetoed by Doty. Councilors subsequently came one vote shy of the six votes needed to override that veto.
Doty dashed the initial expansion request because some language in the ordinance was incorrect, and he disagrees with having a landfill in a residential neighborhood.
Doty was most troubled by ordinance language saying the council agreed with the Planning Commission's decision on the permit expansion request.
The Planning Commission agreed with the concept of the expanded landfill but recommended the permit be extended for only five years. Councilors struck that language.
Councilors limited the Gary-New Duluth landfill to 840 feet above sea level, which is 35 feet lower than Veit officials requested. Councilors also required the company to seek city approval for a site plan when the landfill is full.
The facility, which opened last year, accepts wood, metal, brick and other waste generated by demolition and construction. It primarily serves the Twin Ports area.
Most councilors, even those who approved the landfill expansion, said they agree the landfill is a bad fit for the neighborhood. But because the parcel is zoned to allow a landfill, they said they couldn't reject the permit request. Councilors said they feared that Veit could sue the city if they rejected the permit.
"I understand that we are in a legal box, but just because something's legal doesn't make it right,'' said Councilor Lynn Fena, who opposed the request.
"It's time we move on from this,'' said Councilor Russ Stewart, who supported the expanded permit.
All councilors agreed they want to draft a resolution banning any future landfills in residential neighborhoods.
Veit officials plan to construct commercial offices on the landfill as it is capped in coming years. The buildings will sit below the tree line, according to the plan.
Minnesota Pollution Control Agency guidelines require Veit to secure a bond that could reach $1 million for any future cleanup and capping of the landfill.
Councilors Stewart, Gary Eckenberg, Ken Hogg, Patty Edwards, Donny Ness and Rob Stenberg approved the request. Councilors Fena, Greg Gilbert and Russell Stover voted to reject it. Duluth News Tribune.