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WHEREAS, the Planning Commission closed its public hearing on the Application on <br />June 8, 2010 and made a recommendation to h <br />t e Elk River City Council that the Application be <br />denied; and <br />WHEREAS, the Elk River City Council, on June 21, 2010, held a public hearing on the <br />Application and considered the Planning Commission's recommendation; and <br />WHEREAS, Tiller and all members of the public desiring to speak at the June 21, 2010 <br />public hearing before the City Council were provided the opportunity to do so; and <br />WHEREAS, all written materials submitted by Tiller, and all other members of the public <br />prior to and at the public hearing on June 21, 2010, were accepted into the record; and <br />WHEREAS, during the June 21, 2010 public hearing, the City Council received <br />testimony from all parties desiring to present testimony and offer evidence for or against the <br />Application, closed the public hearing on the Application, continued its discussion of the <br />Application, and reached the decision incorporated in this resolution. <br />NOW, THEREFORE, the City Council of the City of Elk River makes the following <br />Findings of Fact and Decision with respect to the Application: <br />FINDINGS OF FACT <br />Tiller holds an existing Conditional Use Permit, dated May 30, 1996 (the 1996 <br />CUP), which authorizes mineral excavation from the Elk River Landfill Property. <br />2. Section 3(20) of the 1996 CUP reads as follows: <br />(20) Screening and Buffering - No mining operations shall be <br />conducted within two hundred (200) feet of the property boundary. <br />Further, within this two hundred (200) foot buffer area trees shall <br />be left for screening. In open areas where trees do not exist, <br />screening shall be accomplished by the construction of a minimum <br />six (6) foot high berm planted with evergreens. <br />• <br />2 <br />