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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.