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Planning Commission Minutes Page 3 October 13, 2009 ° Updated information needs to be incorporated regarding the gas venting gas collection. ° Revise reference to using tarps for daily cover ° Existing litter/odor language has worked out well. ° Air permit for air emissions needs to be updated Mr. Kellar stated that he would like the language of the license to be similar to the Sherburne County license. He noted that the existing conditional use permit has been amended several times and the conditions have remained similar. Mr. Kellar stated that he felt the comments made during the land use and rezoning discussions indicated that existing conditional use permit language was good, and was not in contention. Jack Perry, legal counsel for Waste Management -stated that Judge Varco will be reviewing their challenge to the cites denial of the land use amendment and rezoning. He stated that they are going forward with the conditional use permit and license application. He stated that the Planning Commission has the opportunitynowto make recommendation to the City Council on anyconditions theywould like to see included. He stated that if they do not impose conditions now, the citywill lose their opportunity when Judge Varco overturns the city's denial. Dennis Butlett, 12516 225 Court, representative of the Ridges of Rice Lake Homeowners Associarion - stated that the homeowners association is against any expansion or changes to the landfill and the onlything they are not opposed to is shutting the landfill down. There being no further public comment, Chair Scott closed the public hearing. Comnussioner Lemke asked if the conditional use permit and license being considered is for the new area only. Ms. Haug stated yes, it is for the proposed expansion area. She explained that the conditional use permit and license for the existing landfill site was renewed one year ago with no changes, in anticipation of this request. She stated that if the proper land use and zoning designation is not in place, staff cannot support the request for a conditional use permit and license for the proposed expansion area. MOTION BY COMMISSIONER IVES, SECONDED BY COMMISSIONER LEMKE TO RECOMMEND DENIAL OF THE REQUEST BY WASTE MANAGEMENT FOR A CONDITIONAL USE PERMIT AND LICENSE, BASED ON THE FINDING THAT THE LANDFILL USE IS NOT CONSISTENT WITH THE CURRENT LAND USE AND ZONING OF THE SUBJECT PROPERTY. MOTION CARRIED G-0. 6.1. Other Business - FAST Stud~pdate Mr. Barnhart noted that an open house will be held on November 2, 2009 at 6:30 p.m. at the Pullman Place Community Room, f or the property owners in the FAST Study area. He noted that an additional open house will be held in late November. 7. Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING.