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City Council Minutes Page 4 June 21, 2010 ----------------------------- STAFF THAT THE ORDER NOT BE SERVED FOR 30 DAYS. MOTION CARRIED 5-0. 5.3. Request by Tiller Corporation for Conditional Use Permit for Mineral Excavation, Case No CU 10-09 -Public Heating Ms. Haug presented the staff report. She noted Tiller is requesting to amend a conditional use permit because they want to do mineral excavation of approximately 13 acres of property owned by Waste Management, Inc. Ms. Haug stated that mining these 13 acres of the 200' buffer zone would be a violation of the Landfill's current conditional use permit and Council's decision denying the landfill's request to use these same 13 acres for landfill operations. She stated this request would detrimentally affect the enjoyment and use of surrounding property owners if existing topography and trees are removed. Mayor Klinzing opened the public hearing. Mike Carron, representing Tiller Corporation -Stated they would be willing to work with staff to maintain screening at a different location on the site. Kirsten Polley, registered geologist and civil engineer with Sunday Engineering -Reviewed a presentation. She explained Tiller's three separate mining operations. She stated it would not be unusual to mine the 200' buffer and reviewed the view shed to show how the mining would affect it. She stated there are conditions that could be imposed on Tiller to address screening issues. She reviewed condition #20 of the 1996 conditional use permit. She also reviewed the screening requirements fora 1997 conditional use permit and noted that these requirements were allowed to be amended in 2002. She stated the timing of this is important because the landfill is getting ready to construct the berm near the buffer location. She noted the landfill was allowed to expand the north buffer on their property JasonAsmus, Briggs & Morgan -Speaking on behalf of the Elk River Landfill stated the landfill is in support of Tiller's training request. He stated this is a mining issue only. He stated the Council could condition approval of this conditional use permit request based on the landfill lawsuit results. He stated the primary concern is the view shed from 2215 Avenue looking to the north and that Tiller has pledged to provide for screening. He stated the Host Community Agreement would be applicable in this situation. Mayor Klinzing closed the public hearing. Attorney Beck asked the city environmental consultant if there is any reason this buffer area has to be mined if the landfill is going to remain in its present boundary. Matt Ledvina, city environmental consultant -Stated the landfill could build its berm on the south slope and construct the fill area without removing the buffer. Councilmember Moon stated it is clear in all the conditional use permits that the 200' buffer must be maintained. He noted that Tiller, in October 2009, was very clear that they wouldn't be mining any property south of the landfill for 30 years. He stated the landfill agreed, back in 1996, not to have this property mined. He stated he is not in favor of this request based on the reasons discussed by staff and the Planning Commission. Mr. Carron stated this area needs to be mined prior to the landfill installing the final berms.