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WHEREAS, on August 17, 2009, the Elk River City Council continued with the public <br />hearing on the Application and provided ERL, WMI and Tiller, as well as all members of the public <br />desiring to do so, the opportunity to present additional testimony and written evidence to the Ciry <br />Council; and <br />WHEREAS, after all parties desiring to present testimony and offer evidence fox or against <br />the Application had had the opportunity to do so, the Elk River Ciry Council closed the public <br />hearing on the Application and continued its discussion of the Application; and <br />WHEREAS, by letter dated July 15, 2009, and at the August 17, 2009 City Council hearing, <br />ERL requested an opportunity to present additional materials and a revised plan to the City Council <br />in a workshop session; and <br />WHEREAS, at the close of its session on August 17, 2009, the Elk River City Council <br />directed: <br />• That any additional materials be submitted so that a staff report could be distributed <br />to the Ciry Council on September 8, 2009; <br />• That the Application be placed on the Ciry Council's regular workshop agenda fox <br />September 14, 2009; <br />• That the September 14, 2009 workshop session regarding the landfill be a joint <br />meeting with the City of Elk River Planning Commission; and <br />• That the Application be scheduled fox another public hearing at the City Council's <br />regularly scheduled meeting of September 21, 2009; and <br />WHEREAS, representatives of ERL and Ciry Staff met on August 25, 2009 and September <br />8, 2009 to review additional materials submitted by ERL regarding the Application, including a <br />revised plan for the landfill expansion, a report entitled "Is Landfill Expansion a Good Investment <br />for Elk River" (the "Voith Report") and a letter dated September 1, 2009 (revised September 8, <br />