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Planning Commission Mnutes Page 5 <br />February 9, 2010 <br />Peter Beck discussed a change to paragraph 14, striking date, February, 20, 2012. He stated <br />that the conditional use permit will be permanent, in conformance with State Statute. He <br />noted that the license will still be renewed everytwo years. Also, the landfill may continue to <br />come forward with amendments to the Conditional Use Permit from time to time. <br />Chair Scott opened the public hearing. <br />Deb Walters, Waste Management/Elk River Landfill representative, 22460 Highway <br />169 - Stated they are comfortable with staff's recommendations regarding the buffer zone <br />and end use plan. She stated that the issue of Cell 17 needs to be clarified before the City <br />Council hearing. Ms. Walters noted that Item 4 and Item 28 regarding leachate recirculation <br />in both the CUP and license are the same, and one should be removed from the agreement. <br />Stephanie Stolz, engineer representative for Waste Management - provided detail on <br />what was previously approved and how Cell 17 will be constructed. Mr. Beck asked how <br />close is the base of Cell 17 to the 200-foot buffer. Ms. Stolz explained howthe distance <br />varies from east to west, noting that the distance is greater than 200 feet at a min;mum. Mr. <br />Beck asked that she meet with Matt Ledvina to clarifythe issue before the City Council <br />meeting. He stated that changes could be made to the condition to reflect reality. <br />Ann Kemske, 22373 Tipton Street -Asked if she understood correctlythat the landfill <br />CUP would be permanent. Mr. Beck clarified bystating yes, that the CUP is permanent <br />until it closes, but that the license will continue to be renewed everytwo years. Ms. Kemske <br />asked if language changes can be made in the license. Mr. Beck stated yes, but that the <br />license is more of an adrrrinistrative document than a regulatory document. He noted that <br />due to the technical nature of the operation, it is likelythe landfill will request amendments <br />to the CUP. <br />Ms. Kemske stated she has not seen a completed end use plan from Waste Management. <br />Mr. Beck explained that an end use plan was submitted with the expansion application, but <br />that the expansion was denied. He stated that staff does not feel they have a complete end <br />use plan for the landfill for the current CUP and that is what they are asking for. He stated <br />that it is unlikelythere were be any active uses, and will most likely be a passive recreational <br />use or no there would be no use for the completed landfill site. <br />There being no further comment, Chair Scott closed the public hearing. <br />Commissioner Anderson stated that it appears staff and the applicant are in agreement for <br />the most part on the issues, except for some clarification. He stated he has no problem with <br />the change recommended bythe cityattomey. <br />MOTION BY COMMISSIONER ANDERSON AND SECONDED BY <br />COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST <br />BY WASTE MANAGEMENT FOR A CONDITIONAL USE PERMIT FOR ELK <br />RIVER LANDFILL, WITH THE CONDITIONS RECOMMENDED IN THE <br />STAFF REPORT DATED FEBRUARY 9, 2010, AND WITH THE FOLLOWING <br />CHANGE: <br />PARAGRAPH 14) -STRIKE THE FOLLOWING LANGUAGE: ~~UNTIL <br />FEBRUARY 20, 2012 UNLESS OTHERWISE AMENDED, REVOKED OR <br />OTHERWISE TERMINATED" <br />