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and for a Rezoning were referred to the City of Elk River Planning Commission for a public <br />hearing and recommendation to the City Council; and <br />WHEREAS, the City Council considered the requests for a Comprehensive Plan <br />Amendment and rezoning at meetings held on July 6, August 17, September 14 and September <br />21, 2009; and <br />WHEREAS, at its regularly scheduled meeting on September 21, 2009, the City Council <br />adopted City Council Resolution No, 0951, which denies the requests for an Amendment to the <br />Land Use Map Element of the Comprehensive Plan and for a Rezoning; and <br />WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City <br />Code, the requests by ERL and Tiller for a CUP and License were referred to the City of Elk <br />River Planning Commission for the purpose of holding a public hearing and making a <br />recommendation to the Elk River City Council on the requests; and <br />WHEREAS, the Planning Commission held a public hearing on the requests on <br />October 13, 2009, at which time ERL, WMI, Tiller and their consultants were provided as much <br />time as they desired to present the requests and all information and data they desired in support <br />of the Application; and <br />WHEREAS, the Planning Commission took testimony from all members of the public <br />who desired to speak at the October 13, 2009 public hearing; and <br />WHEREAS, the Planning Commission closed its public hearing on the requests on <br />October 13, 2009 and adopted a resolution recommending to the Elk River City Council that the <br />requests for a Conditional Use Permit and License for expansion of the Landfill into the SDA be <br />denied; and <br />2 <br />