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Planning Commission Muiutes September 19, 2011 Page 3 Debra Walters, representing Elk River Landfill, stated she was present to answer any questions the • Commission or staff mayhave. There being no public comment, Acting Chair Lemke closed the public hearing. Councilmember Moain stated that he did not want the Commissioners to feel the Landfill's application was a "done deal" and encouraged them to review it like any other application. He questioned if there will be a fence around the landfill Mr. Beck stated that there will be a fence during operations, but there is no specific end use plan at this time. He stated that as the time gets closer to the actual closing of the landfill, these issues grill be discussed. Commissioner Westberg asked if there will be an attempt in the fiuure to obtain the 60 acres bythe Landfill Mr. Beck referenced page 2 of the Conditional Use Permit which states: 2. Additional Expansion of Landfill Prohibited. This Permit authorizes the expansion of Landfill activities onto 31.8 acres to allow an additional 27.2 acres of Solid Waste fill area. By accepting and executing this Permit, Permittee agrees to complywith the design of the expansion approved herein, and agrees to forever waive its right to pursue any further landfill expansion within the City. Commissioner Scott asked if the December 31, 2030 closure date will be final, as referenced on Page 6, Item 9. of the CUP Agreement. Mr. Beck stated that the Landfill may need some time to complete the northern end, so additional time maybe allowed to close this area but no landfilling will be allowed after the December 31, 2030. • Commissioner Bell stated that it appears that a reasonable agreement has been worked out. Comm>ssioner Lemke stated that the agreement does preserve the majority of the property for future development. He asked if Item 11 on Page 6, regarding the restrictive covenant would prevent a future request for expansion. Mr. Beck stated that a Conditional Use Permit can be amended. Commissioner Lemke asked how many homes are powered by capture of the methane gas at the landfill. Ms. Haug stated that approximately 3,000 homes are powered bythe gas. Mr. Beck stared that a second plant is being contemplated and the agreement would. allow that to happen. Commissioner Lemke asked how many cubic yards of mineral will be mined out. Ms. Haug stated that she was not sure. Mr. Beck stated that it was a significant amount. Commissioner Westberg stated he did not feel an expansion of the landfill was the best use of this land, but he stated he appreciated Waste Management's efforts in m;n;m;~.; a its impact. He stated that the Highway 169 comdor is such an asset that the cityneeds to take advantage of it. He stated that even though the size of the expansion is reduced, he felt the citywill have the same difficulties from a land planning perspective as it had two years ago, when an expansion was first proposed Commissioner Scott stated that due to the scaling back of the expansion area and the potential for capture of methane gas for energy, he supported approval of the request as a wayto move forward with settlement of the Landfill issue. MOTION BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APROVAL OF THE REQUEST BY ELK RIVER LANDFILL, INC. FOR A LAND USE AMENDMENT, CHANGING THE LAND USE • OF CERTAIN PROPERTY DESCRIBED FROM MIl~TING TO LANDFILL, CASE NO. LU 11-01. MOTION CARRIED 3-1. Commissioner Westberg opposed