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10-13-2009 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 13, 2009 Members Present: Chair Scott, Commissioners Bell, Ives, Johnson, Lemke and Westberg Members Absent: Commissioner Anderson Staff Present: JeremyBarnhart, Planning Manger; Rebecca Haug, Environmental Administrator; Debbie Huebner, Recording Secretary Also Present: David Reynolds, Leisch & Associates 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Corrunission was called to order at 6:38 p.m. by Chair Scott. 2. Consider 10/13/09 Plann'n~ Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE OCTOBER 13, 2009 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. Consider 9/ 15/09 Planning Commission Minutes MOVED BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE SEPTEMBER 15, 2009 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Lemke will attend the October 19, 2009 City Council meeting. 5.1. Request by Great River Energy (GRE) to Amend Conditional Use Permit and License to Burn Alternative Fuels at the RDF Facility, Case No. CU 09-19 -Public Hearing The staff report was presented by Rebecca Haug. Ms. Haug explained that GRE is requesting an amendment to their existing conditional use permit and license to allowthem to burn alternative fuels, including tire-derived fuel (TDF, wood and wood waste and the refuse-derived fuel (RDF) facility. Ms. Haug stated that GRE conducted test burns of TDF earlier this year, and that she and the City's Environmental Consultant, John Lichter were comfonable with the results of the emissions testing. Ms. Haug noted that GRE's current Minnesota Pollution Control Agency (NII'CA) permit does not allow burning of wood or wood waste. Staff recommends approval of burning these materials, if approval is granted from the MPCA. Chair Scott opened the public hearing. There being no comments from the public, Chair Scott closed the public hearing. Planning Commission Minutes October 13, 2009 --------------------------- Page 2 Commissioner Westberg asked if the tires would be shredded on site. Ms. Haug stated no; the tires will already be shredded. She noted that this may possibly reduce the number of trucks. Commissioner Westberg questioned if a test burn of onlythree days was adequate to determine the amount of emissions, compared to 365 days of burning. Ms. Haug stated that both she and the city's consultant believed the analytical data was sufficient. She noted that there will be no changes in odor and that they have burned tire material at the site before. Chair Scott stated he could see no reason not to suppon the request. Commission Lemke concurred. MOTION BY COMMISSIONER BELL, SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY GREAT RIVER ENERGY FOR THE FOLLOWING: 1) SOLID WASTE FACILITY LICENSE 2) CONDITIONAL USE PERMIT; SUBJECT TO THE MODIFICATIONS IN THESE AGREEMENTS PROPOSED BY STAFF, ATTACHED TO THE MEMO DATED OCTOBER 13, 2009. MOTION CARRIED 6-0. 5.2. Request by Elk River Landfill, Inc. for Conditional Use Permit and License to Expand Existing Landfill into 109 Acres of PropextyLocated Immediately South of the Existing Landfill, Case No. CU 09-12 -Public Hearing Ms. Haug explained that Elk River Landfill submitted an application for a land use amendment, rezoning, conditional use permit and license for an expansion to the south of their existing site. The land use and rezoning requested were denied bythe City Council on September 21, 2009. Because the Landfill expansion is a conditional use only in the Solid Waste Facility Overlay Zoning District, and the proposed expansion area has not been rezoned to that district, staff recommends that the Planning Commission recommend denial of the conditional use permit and license to expand the landfill. Chair Scott opened the public hearing. John Kellas, 4899 Paige Avenue, St. Michael, MN, representing Waste Management - stated that even though there are pending legal issues with their request, he would still like to hear comments from the Planning Commission on their conditional use permit and license application. He suggested changes to their existing conditional use permit and license, including: ° Updated information on landfill personnel will be provided ° Remove language regarding Cell 17 construction. Mr. Kellas noted that Cell 17 has already been constructed ° Remove references to demolition site. The demolition site will be located in Livonia Township and out of the cites jurisdiction. ° Current license requires appliance recycling building to be removed Waste Management would like an extension for removal of the building, as it is actively used for storage of appliances and tires to be recycled He stated the location of this building works well for the public. Planning Commission Minutes Page 3 October 13, 2009 ° Updated information needs to be incorporated regarding the gas venting gas collection. ° Revise reference to using tarps for daily cover ° Existing litter/odor language has worked out well. ° Air permit for air emissions needs to be updated Mr. Kellar stated that he would like the language of the license to be similar to the Sherburne County license. He noted that the existing conditional use permit has been amended several times and the conditions have remained similar. Mr. Kellar stated that he felt the comments made during the land use and rezoning discussions indicated that existing conditional use permit language was good, and was not in contention. Jack Perry, legal counsel for Waste Management -stated that Judge Varco will be reviewing their challenge to the cites denial of the land use amendment and rezoning. He stated that they are going forward with the conditional use permit and license application. He stated that the Planning Commission has the opportunitynowto make recommendation to the City Council on anyconditions theywould like to see included. He stated that if they do not impose conditions now, the citywill lose their opportunity when Judge Varco overturns the city's denial. Dennis Butlett, 12516 225 Court, representative of the Ridges of Rice Lake Homeowners Associarion - stated that the homeowners association is against any expansion or changes to the landfill and the onlything they are not opposed to is shutting the landfill down. There being no further public comment, Chair Scott closed the public hearing. Comnussioner Lemke asked if the conditional use permit and license being considered is for the new area only. Ms. Haug stated yes, it is for the proposed expansion area. She explained that the conditional use permit and license for the existing landfill site was renewed one year ago with no changes, in anticipation of this request. She stated that if the proper land use and zoning designation is not in place, staff cannot support the request for a conditional use permit and license for the proposed expansion area. MOTION BY COMMISSIONER IVES, SECONDED BY COMMISSIONER LEMKE TO RECOMMEND DENIAL OF THE REQUEST BY WASTE MANAGEMENT FOR A CONDITIONAL USE PERMIT AND LICENSE, BASED ON THE FINDING THAT THE LANDFILL USE IS NOT CONSISTENT WITH THE CURRENT LAND USE AND ZONING OF THE SUBJECT PROPERTY. MOTION CARRIED G-0. 6.1. Other Business - FAST Stud~pdate Mr. Barnhart noted that an open house will be held on November 2, 2009 at 6:30 p.m. at the Pullman Place Community Room, f or the property owners in the FAST Study area. He noted that an additional open house will be held in late November. 7. Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. Planning Commission Minutes October 13, 2009 --------------------------- The meeting of the Elk River Planning Commission adjourned at 7:04 p.m. Minutes prepared byDebbie Huebner. ,~--- Tina Allard City Clerk Kevin Scott Acting Chair Page 4