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DECISION <br />THEREFORE, the City Council of the City of Elk River makes the following Decision <br />with respect to the Application to amend the existing CUP and SWFL for the Landfill to allow <br />expansion of the Landfill into the existing 200-foot buffer zone: <br />A. All of the reports and materials prepared by City Staff and City Consultants, as well as <br />the Findings of Fact and Recitals set forth in this Resolution, are hereby adopted and <br />incorporated within the City Council's Decision on this matter. <br />B. The record in this matter shall include all materials submitted to the City and presented <br />to the Planning Commission and City Council, including those materials presented in the <br />staff reports, by the City staff and by the City's consultants, and all materials and <br />testimony submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all <br />testimony received from the public, as of the date of this Resolution. <br />C. Based upon the Findings of Fact set forth above, the Application of ERL to amend the <br />existing Conditional Use Permit and Solid Waste Facilities License for the Landfill to <br />allow expansion of the Landfill by developing the existing 200-foot buffer zone on the <br />south side of the Landfill for the deposit of solid waste is hereby denied. <br />THIS RESOLUTION PASSED AND ADOPTED this 17th day of May, 2010. <br />__ <br />Steph nie Klinzing, r <br />~, <br />~: <br />Tina Allard, City Clerk <br />GP:2629426 v7 <br />12 <br />