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BRIGGS <br />June 11, 2010 <br />VIA E-MAIL <br />EIk River City Council <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />Attn: Stephanie Klinzing-Mayor (mayorer@q.com) <br />Nick Zerwas-Ward 1 (nick.zerwas@ci.elk-river.mn.us} <br />Jerry Gumphrey-Ward 2 (iwgump@yahao.com) <br />Matt Westgaard-Ward 3 (westgaard@nsatel.net) <br />Paul Motin-Ward 4 (pmotin@aol.com) <br />Re: TiIter's requested mining CUP amendments <br />Dear Councilmembers: <br />Jack Y. Perry <br />(612}977-8497 <br />jperry@briggs. cam <br />City staff recently reiterated that "[m]ining of .the Landfill property is conducted in <br />connection with ... ERL['s] landfiliing activities. As ERL needs to expand in a new cell, Tiller <br />mines the cell removing the ground so that liners can be installed and the cell ftted with solid <br />waste." Ex. 189 at 2. Setting aside ERL's landfill expansion requests, ERL needs to <br />immediately expand a new cell within the existing landfill property but outside of the buffer area. <br />To do so, Tiller needs, consistent with the parties' standard practice since 1996, to first mine the <br />buyer area as soon as possible. For undisputed logistical reasons, Tiller needs to promptly <br />commence the mining of the aggregate in this buffer area or forever lose its $5.5 to $8.b nniliion <br />value. S/12/10 Stolz Aff. '~ 7{b). As reflected in the City staff report, there is neither an <br />o erational nor an environmental reason for City to deny Tiller's requested mining within this <br />buffer area. Ex. 189. Rather City staffs sale substantive issue with mining in this buffer area is <br />its trumped up concern with the loss of screening for the view shed from 221st Avenue looking <br />north. Id. The fallacy of this concern has been exposed; Tiller's existing earthen berm with trees <br />along 221st Avenue already fully screens the buffer area. <br />As Planning Commissioner Anderson effectively conceded, the real reason for denying <br />Tiller's rmnina request is to be "consistent with" and "not conflict" with last month's denial of <br />ERL's landfill request. But stopping ERL's landfill expansion is no reason to deny Tiller's <br />mining expansion, particularly given that Tiller's minin expansion within the 200-foot buffer is <br />in no way dependent on ERL's landfill expansion. <br />2Z00IDS Center <br />80 South 8th Street <br />Minneapolis MN 55402-2157 <br />tel 612.977.8400 <br />fax 612.977.8650 <br />Briggs and Morgan, Professional Association <br />Minneapolis I St Paul 1 wwwbriggs.com <br />Member - Lex Mundi, a Glohal Association of Independent Law Firms <br />