PCSR Tiller support letter 06-23-2009~~TILLER
CORPORATION
Corporate Office:
PC.) 13ox 7450
'20Q 1-letnlock Lane, Suite 200
1\Qaple Grove, Minnesota a73:1.i
June 22, 2009
Planning Cornmissicm
City of Elk River
130fi5 Orono Parkway
Elk River, MN 55330
Tiller Coxporation
atzd itG operntin„ divisions
Barton Sand & Gravel Co,
Commercial Asphalt Co.
13a1".on Enterprises, lnc.
general: (763) 425-4191
facsimile: (75.) 4?5-i153
web: i~-ww.tillercorp.com
Re: P~equest by Elk River Landfill for Land Use Amendment, Case No. LU-09-U1
Dear Commissioners:
The purpose of. this letter is to reiterate our sLtpport for 'Elk River Landfill's request to change the
land use of our property to allow the expansion of their landfill. Further, we write to express
our continued dissatisfaction. with the faulty assumptions and thus conclusions of the HKGi
study of the gravel mining district.
Back rg ound
Tiller Corporation is the parent company of Barton Sand & Gravel Co. which has been. actively
mining in Elk River far over 40 years. Capital Land Group is a land holding company for Tiller
Corporation and owner of the subject property. Together the companies own slightly more than
800 acres within the City. ~~'e also own the property to the north of the landfill in Livonia
Township. Elk River Landfill is seeking to expand its existing MSW facility on a portion of our
adjacent property to the south of the landfill.
Much of the recent discussion in rlegard to the landfill has to do tnlith the HKGi study of the
gravel mining district'. This final report ~~•as dated June 2, ?009 and provided to us two business
days prior to the Planning Commission meeting where it was to be discussed. Despite the fact
that many of HKGi's conclusions were based on how our mining will proceed and what the
development intent may be for our property, we were never asked to provide information,
consulted, or met with any members of their team. Therefore, we are not surprised that the
information they have provided is in error and their conclusions faulty. To help clarify our
plans eve presented information before the Planning Commission on June 9, 2009 and we are
providing this letter as further guidance.
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This Company is an Equal Opportunity Employer
Elk Rii>er Planning Conmtission
June 22, 2009
Page 2
Our Mining Plans
Currently, tine have our hot mix asphalt plant located on the subject property. We supply
aggregate materials for this plant from our pit north of the Landfill in Livonia. The mining
activit}~ on the subject property has been low the last five years and if the landfill does not
expand our activity on the subject property will remain tow. However, there are high quality
aggregate reserves on the subject property which represent approximately 20 years of reserves.
If the landfill does not expand, our intent would be to continue to mine in Livonia and after
concluding our activities to the north, we would begin. more intense mining of the subject
property. The Livonia reserves represent 35 to 50 years of aggregate reserves. Assuming the
landfill does not expand, meaningful mining of the subject property will not begin until
approximately 2050 (2010 plus ~40 years). As mentioned above, the subject property has
approximately 20 years of reserves. Under this mining plan, the subject property will not be
considered developable until 2070 (2050 start date for intense mining plus --20 years).
Obviously, the HKGi study`s assumption of development beginning in the 2050 timeframe
with a 4% absorption rate is simply erroneous as are the results of the financial modeling.
once again, if we had been consulted we believe their studies may have proved sounder. We
are unsure why staff did not allow the consultant to meet with us to discuss our mining plans.
However, if the landfill expands, our mining plans will be significantly different. The landfill
requires access to the airspace provided by the subject property at an accelerated rate. To
accommodate their requirements we will expedite our mining of the subject property through a
combination of re-orienting our Livonia mining operation and exporting material from Elk River
to our other facilities the currently receive material Erom other markets. This will have the
effect of compressing the timefxame which active mining takes place in this area of Elk River.
We believe this compression is desirable and may allow adjacent properties to develop earlier
in concert with Elk River Landfill's business park plan.
We reviewed the above plans with the Planning Commission on June 9, 2UO9 and we had
subsequent discussions with staff on June 16, 2009 offering to meet with staff and HKGi so
everyone would have a clear understanding of our mining plans, development plans and
timing. At the last Planning Commission meeting of June 9, 2009, staff was directed by the
Commission to review the HKGi findings and reconcile the questions raised during the public
hearing. On June 19, 2009 we received staff's written report to the Planning Commission.
Once again it does not appear that our mining plans are accurately reflected in the findings,
and thus we find the conclusions, particularly the financial modeling, to be without merit.
Our Perspective on Development Opportunities in Elk River
The subject property is slightly more than 100 acres. The gravel mining dist~•ict is 3,500 acres.
We believe that there are ample opportunities along the Highway 169 corridor far the types of
extensive development potential which is described in the HKGi report. However, the future
Elk Piz~cr Planning Cnrnmission
Jc~nc ?2, 2009
!'nge 3
of the Elk River community does not hinge on this one property. There are numerous
development opportunities east and west of Highway 169, along the three plus mile corridor
extending from the current extent of development in Elk River. To us, it is logica] to allow the
landfill to expand to the natural border created by 221tif Avenue.
Economics arld lobs
Sections of the HKGi report attempt to paint the promise of 2,000 jobs anal $400 million dollars
associated with the subject property. This is simply a red lYerring to derail the expansion.
However, real jobs do hang in the balance today. Business owners from the community stood
up on June 9'" at the Planning Commission to let you kno~T what fihe impact this project means
for their business. We whole heartily concur with their concerns as do ou.r employees.
Additionally it is difficult to ignore the economic reality of the fees generated to the City of Elk
River by the landfill. From our understanding these dollars represent in excess of 10`% of the
City's overall budget. Dedicated and dependable revenue sources are rare and should not be
so easily cast aside based on speculation by consultants using dubious models based on
erxoneous assumptions. To simply overlook the budget reality of our times would be
irresponsible.
In Summary
• As always, we stand ready to participate in the process and study of our property. We'd
welcome the opportunity and we are. uncertain why staff has closed the process to
meaningful input.
• On June 1.9, 2009 we received staff's written report to the Planning Commission. Once
again it does not appear that our mining plans are accurately reflected in the findings,
and thus eve find the cone+3usions, particularly the financial modeling, to be without
merit.
• We believe that there are ample opportunities along the Highway 1.69 corridor far the
type of extensive development potential which is described in the HKGi repor#. The
future of the Elk River community does not hinge on this one property.
• There are real jobs and local businesses that are dependent on this expansion for their
economic livelihood. These concerns shouldn't be dismissed based on speculations of
what might happen in ?080.
^ Dedicated and dependable revenue sources are rare and should not be cast aside ~nrithout
hard facts. The current HKGi study is simply too flawed to be relied upon to make
informed decisions.
EIk River Planning Commission
June 22, 2009
Page 4
If you have any questions please do not hesitate to call. As always we stand ready to provide
input to the study of our Land, our mining plans and our development aspirations. I may be
reached. at {763) 425-41.91.
Sincerely,
Taller Gc~rparation
Gary B. Sauer
Chairman of the Board