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RESOLUTION NO.09- <br />City Council <br />City of Elk River <br />A Resolution Approving the Application of Elk River Landfill, Inc. for a Comprehensive <br />Plan Amendment and Rezoning to Allow Expansion of the Elk River Landfill <br />WHEREAS, Elk River Landfill, Inc. (ERL), a wholly-owned subsidiary of Waste <br />Management, Inc. (WMI), is the owner and operator of the Elk River Landfill (Landfill); and <br />WHEREAS, Capital Land Group, a land holding company for Tiller Corporation (Tiller), <br />is the owner of an approximately 109-acre parcel of land identified as the Southern Development <br />Area (SDA) located immediately south of the existing Landfill; and <br />WHEREAS, ERL and Tiller have submitted a land use application (Application) to the <br />City requesting: <br />An amendment to the City's 2004 Comprehensive Plan to amend the Land <br />Use Map Element of the Comprehensive Plan to change the land use designation of the <br />109-acre SDA from "Mining" to "Landfill"; and <br />2. An amendment to the City of Elk River Zoning Map to rezone the 109- <br />acre SDA from A-1(ME), Agricultural Conservation (Mineral Excavation), to A-1(SWF), <br />Agricultural Conservation (Solid Waste Facility); and <br />WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City <br />Code, the Application was referred to the City of Elk River Planning Commission for the <br />purpose of holding a public hearing and making a recommendation to the Elk River City Council <br />on the Application; and <br />WHEREAS, the Planning Commission held a public hearing on the Application on <br />June 9, 2009, at which time ERL, WMI, Tiller and their consultants were provided as much time <br />