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City Council 1\linutes <br />June 21, 2010 <br />Page 5 <br />Attorney Beck clarified the differences in the three conditional use permits for Tiller. He <br />stated this request is from Tiller and they are not part of the Host Community Agreement. <br />He stated the reason the north buffer was allowed to be removed is because it is the <br />boundary of Livonia Township and the township, along with Sherburne County, were okay <br />with the buffer removal because the landfill was expanding to the north. He stated the only <br />reason to remove this southern buffer is if the landfill were expanding to the south, which <br />they presently are not approved to do. <br />Councilrnember Zerwas stated removal of the 200' buffer is clearly not allowed in Tiller or <br />the landfill conditional use permits. <br />MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY <br />COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 10-30 <br />DENYING THE APPLICATION OF TILLER CORPORATION TO AMEND <br />ITS EXISTING CONDITIONAL USE PERMIT TO ALLOW THE REMOVAL <br />OF TREES AND MINING WITHIN THE EXISTING 200 FOOT BUFFER <br />ZONE ON THE SOUTH SIDE OF THE ELK RIVER LANDFILL. MOTION <br />CARRIED 5-0. <br />5.8. Adoption of 171~~ Avenue Focused Area Study Plan <br />Mr. Barnhart presented the staff report and discussed the next steps for staff with regards to <br />Comprehensive Plan amendments and zone changes. <br />Mayor Klinzing asked staff if Mn/DOT gave any indication of their plans for property they <br />own in Hillside Heights. <br />Mr. Barnhart stated no information has been provided. <br />Jerry Minor, 16840 Highway 10 -Stated he was out of the State for most of the planning <br />phase of this study. He stated opposition to Council adoption of the Plan. He expressed <br />concerns with how the Plan will affect businesses. <br />Mayor Klinzing stated the city is not going to start implementing the Plan but that future <br />development of the area will be guided by the market. She noted the overpass has been <br />programmed by Mn/DOT for years. She stated the Plan gives the city an opportunity to <br />look ahead to determine how the area can best be planned and will work for all property <br />owners. <br />Councilmember Motin disclosed the Minor's are clients. He noted that Mn/DOT is closing <br />access points on the highway. He stated the city needs to plan to accommodate growth. <br />MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY <br />COUNCILMEMBER MOTIN TO ADOPT THE 171sT AVENUE FOCUSED <br />AREA STUDY. MOTION CARRIED 5-0. <br />Mayor Klinzing thanked staff, Planning Commission, and the Economic Development <br />Authority for their work through the process. She noted the Council has gotten blamed in <br />the past for not being proactive with planning. <br />u <br />