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City Council Minutes Page 3 August 15, 2011 • Jerome Hendricl~, applicant, 21144 Twin Lakes Road -outlined his request. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. It was noted that the Board of Appeal reviewed the ~-ariance based on e~:isting standards outlined in section 30-63~, but that new criteria was just approved with the adoption of ordinance 11-04 above. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO REMAND THE REQUEST BY JEROME AND JEAN HENDRICKX, 21144 TWIN LAKES ROAD, FOR A VARIANCE, CASE NO. V 11-01, BACK TO THE BOARD OF APPEALS FOR REVIEW UNDER THE RECENTLY ADOPTED CRITERIA. MOTION CARRIED 3-2. Councilmembers Gumphrey and Zerwas opposed. ~.3. Request by Elk River Landfill. Inc. for Land Use. Case No LU 11-01. Public Hearin continued to September 19. 2011 5.4. Request by Elk River Landfill, Inc. for Zone Change, Case No. ZC 11-01 -Public Hearing continued to September 19. 2011 5.5. Request by Elk River Landfill. Inc. for Conditional Use Permit, Case No. CU 11-12 - Public Hearing continued to September 19 Ms. Haug stated that the above applications have been continued to the September 19 City Council meeting with the applicant's consent. She stated that staff has been working with the applicant to resolve some issues with their application that could not be resolved in time to prepare staff reports and an amended CUP prior to the August meetings. She indicated that the public hearing should be opened and continued to September 19. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to September 19, 2011. 5.6. Request by Tiller Corporation for Conditional LTse Permit, Case No. CU 11-13 -Public Hearin Ms. Haug presented the staff report. Mayor Dietz opened the public hearing. Kirsten Pauley, Sunde Engineering indicated that she and Steve Sauer, VP Tiller Corporation were in attendance to answer questions. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE REQUEST BY TILLER CORPORATION TO AMEND ITS EXISTING CONDITIONAL USE PERMIT TO ALLOW MINERAL EXCAVATION OF APPROXIMATELY 8.9 ACRES OF PROPERTY OWNED BY WASTE MANAGEMENT, INC. SUBJECT TO THE CONDITIONS LISTED BELOW: • 1. INSTALLATION OF A BERM ALONG THE WEST ENTRANCE OF THE GRAVEL OPERATION, ALONG 221ST AVE AS