10-19-2009 CCM - Laserfiche WebLink

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City Council Minutes Page 3 October 19, 2~Q9 Mayor Klinzing questioned i£ GRE could burn materials otl~er than those listed in the license as she wanted to make sure the license was inclusive enough. Mr. Beck stated this nay be all that GRE applied for in their permit with the MPCA. Tim Steinbeck, Ells River Station Manager -Stated they are not cooking to burn other fuels at this time, MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD T®APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 09~~,9 AND THE SOLID wASTE FACILITY LICENSE WITH GREAT RIVER ENERGY WASTE BURNING FACILITY WITH THE TECHNICAL CHANGE SUGGESTED BY THE ATTORNEY, MOTION CARRIED 5-D. 5,3. Re uest b Elk River Landfill Tnc. for Conditional Use Permit and License to Ex and tlae Existin Landfill into 109 Acres of Pro er Located Immediatel T South of tlae Existin Landfill~,_Case No. ~CU.09-12~ Pub11c..He~~ Ms, Haug presented the staff report. She stated staff recommends denial of the conditional use permit SCUP} and license because the landfill expansion would be a conditional use onl~r in the Solid waste Facility Overlay Zoning District and the proposed expansion area has not been rezoned to that district, Counciknember Moan questioned if the Council would still have the opportunity to implement restrictions on the CUP if the litigation regarding the zone change were overturned by the court Mr, Beck stated he believes the city would have the chance for many reasons including that botl~ the landfill and the city agreed to split tl~e land use amendment and rezoning applications from the CUP and license applications so that the landfill didn't have to prepare detailed plans that are required for the CUP and the city didn't have to spend tl~e money required for a consultant to review the plans, He stated he doesn't believe the Council's decision will be overturned, but if zt Were, he felt the court would send it back to the city for completion of the CUP and licensing phase, He stated staff has suggested to the landfill that they withdraw this application and resubmit an application foi_• a CUP and license for the existing landfill if they felt amendments to tlae existing CUP and license were necessary, Mx. Becl~ stated further that it is unclear whether the landfill is asking for a CUP as it was applied for or as tlae plan was amended in tl~e process of the application for the land use plan and rezoning, He stated the landfill submitted a revised plan for a smaller expansion and more developable space, He stated as best as he could determine from the complaint it appears they are suing the city for the revised plan and there has never been any backup material submitted to the city for a CUP for that plan. Mr. Beck stated he can't imagine with all that's been discussed that the court would not send it back for city review of whichever version of the CUP they felt appropriate, Mayor I~linzing opened the public hearing, Stephanie Stolz, Engineer far the Elk River Landfill -Submitted and reviewed a presentation on tl~e CUP and license, She stated they would like to amend the CUP and