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Planning Commission Minutes March 9, 2010 --------------------------- Page 4 5.5. Request b~Clty of Elk River for Ordinance Amendment Relating to Buffer Zones, Public Hearing -Case No. OA 10-01 Mr. Barnhart stated that staff has been working R~ith City AttorneyPeter Beckto reaffirm the buffer ordinance. Mr. Beck stated that he received a letter from the counsel for the Landfill, which will be added to the record. He noted that the points in the letter will be addressed prior to the City Council meeting on March 16, 2010. Chair Scott opened the public hearing. Jack Perry of Briggs & Morgan, representative for the Elk River Landfill -Stated that he felt the proposed ordinance is a mistake. He provided background information regarding the Landfill's application for renewal of their CUP and license, and the most recent application for an expansion of the landfill. He stated that this amendment is an attempt to stop an application which was filed February 22, 2010. He stated he did not feel this body (the Planning Conullission) should make a recommendation on this application. He cited reasons why he felt the proposed ordinance amendment was a mistake. He stated that the citycode does not require a 200-foot buffer, and referenced various sections of the city code which he felt supported the Landfill's position. He stated they are able to provide the buffer on the adjacent Tiller property. Mr. Perry expressed his displeasure with the proposed amendment and its process. There being no further comments, Chair Scott closed the public hearing. Commissioner Bell asked when the letter to Ms. Walters was sent and if it was sent by certified mail. Mr. Beck stated no it was not sent certified, and was likely received on Friday, as Mr. Perry stated. Mr. Beck stated that the application referred to by Mr. Perry will be processed and heard by the Planning Commission and City Council. Commissioner Lemke asked if the application was considered complete. Mr. Beck stated yes, that the application has been deemed complete and is being processed, and will continue to be processed regardless of action taken bythe City Council on this ordinance amendment. Commissioner Lemke asked if the application is reviewed based on the ordinance in place at the time of submittal. Mr. Beck stated that the application will be considered based on the ordinance in place at the time it is acted upon. Commissioner Anderson stated that he did not have a problem moving the ordinance f orward to the City Council. Commissioner Bell stated he would have liked to have had more time to review the letter from the Landfill's counsel. He stated that the Landfill may have some issues that need to be addressed, and getting the letter to them earlier would have been helpful for them to prepare. Commissioner Westberg concurred with Commissioner Bell, stating he was somewhat uncomfortable with the timing of the letter, but that he had complete trust in the staff and their recommendation. Mr. Beck stated that on January 28, 2010, the city first learned that Landfill did not feel that the 200-foot buffer zone required bystate statute had to be within their property. At that time, the city began preparing an ordinance amendment to reaffirm what is in the ordinance to make it perfectly clear. He stated the citythen received the Landfill's application to • expand into the 200-foot buffer on February 22, 2010. He noted that the Landfill's