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3. Tiller's excavation activities on the Landfill property are conducted in connection with ERL's landfillin activities. E ' g RL s landfilhng activrties are conducted pursuant to a conditional use permit most recently amended and approved by the Elk River City Council on February 16, 2010. 4. Section 3 of ERL'S February 16, 2010 CUP provides as follows: 3.) Buffer Zone/Screening. A Buffer Zone shall be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet, except on the north side. Within this Buffer Zone, no waste disposal may occur. The Landfill shall develop an inventory of significant trees within the buffer zone. The preservation of trees within the buffer zone shall be provided for during the construction, operation, and be included in the end use plan to be submitted for approval by December 31, 2011 by the City. 5. In March 2009, ERL applied for a Comprehensive Plan amendment, rezoning, Conditional Use Permit, and Solid Waste Facilities License to expand the Landfill on to Tiller's 109-acre property located between 221St Avenue and the Landfill (the "March 2009 Application"). This application was considered by the Planning Commission and City Council at a number of meetings, which extended from June 2009 until October 2009. The March 2009 Application for a Comprehensive Plan amendment and rezoning was denied by the City Council on September 21, 2009. The March 2009 Application for a Conditional Use Permit and Solid Waste Facilities License was denied by the City Council on October 19, 2009. The information submitted to the City Council prior to its September 21 and October 19, 2009 decisions regarding the March 2009 Application, including the staff reports presented to the City Council, along with the resolutions adopted by the City Council denying the March 2009 Application, are hereby incorporated in the City Council's consideration and decision with respect to the current Application. t