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RESOLUTION NO. 10- 30 <br />Cit Council <br />Y <br />City of Elk River <br />A Resolution Deriving the Application of Tiller Corporation to Amend its Existing <br />Conditional Use Permit to Allow the Removal of Trees and Minin within the Existing 200 <br />Foot Buffer Zone on the South Side 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, Tiller Corporation (Tiller) has an existing Conditional Use Permit, approved <br />in May 1996 (1996 CUP), authorizing gravel mining operations on the Landfill property; and <br />WHEREAS, Tiller has submitted a land use application (Application) to the City <br />requesting an amendment to the 1996 CUP to allow the removal of trees and mining within the <br />existing 200-foot buffer zone on the southern boundary of the Landfill property; and <br />WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City <br />Code, the Application was referred fo` he 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 8, 2010, at which time Tiller and its consultants were provided as much time as they desired <br />to present the Application and all information and data they desired in support of the <br />Application; and <br />WHEREAS, the Planning Commission took testimony from all members of the public <br />who desired to speak at the June 8, 2010 public hearing; and <br />u <br />