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WHEREAS, the Planning Commission took testimony from all members of the public <br />who desired to speak at the May 11, 2010 public heanng; and <br />WHEREAS, the Planning Commission closed its public hearing on the Application on <br />May 11, 2010 and made a recommendation to the EIk River City Council that the Application be <br />denied; and <br />WHEREAS, the Elk River City Council, on May 17, 2010, held a public hearing on the <br />Application and considered the Planning Commission's recommendation; and <br />WHEREAS, ERL, WMI, Tiller and all members of the public desiring to speak at the <br />May 17, 2010 public hearing before the City Council were provided the opportunity to do so; <br />and <br />WHEREAS, all written materials submitted by ERL, WMI, Tiller, and all other members <br />of the public prior to and at the public hearing on May 17, 2010 were accepted into the record; <br />and <br />WHEREAS, during the May 17, 2010 public hearing, the City Council received <br />testimony from all parties desiring to present testimony and offer evidence for or against the <br />Application, closed the public hearing on the Application, continued its discussion of the <br />Application, and reached the decision incorporated in this resolution. <br />NOW, THEREFORE, the City Council of the City of Elk River makes the following <br />Findings of Fact and Decision with respect to the Application: <br />FINDINGS OF FACT <br />The Landfill was first approved to operate on 40 acres of land in 1971 and first <br />permitted by the Minnesota Pollution Control Agency in 1972. <br /> <br />2 <br />