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d. The 2011 Application provides for execution by ERL, WMI and/or Tiller <br />of a restrictive covenant which will ensure that there will be no further expansion of the <br />Landfill. <br />e. The 2011 Application provides appropriate screening of the Landfill, <br />including a landscaped berm along 221st Avenue which will help replace the screening <br />effect of the existing vegetation which will be removed for expansion of the Landfill. <br />f. The 2011 Application provides for ERL to allow public access along the <br />railroad trail north of the City limits. <br />g. Approval of the 2011 Application will resolve pending litigation with <br />ERL, WMI and Tiller. <br />25. The City Council finds that the commitments by ERL identified in Paragraph 24 <br />immediately above, which address the impacts which caused the 2009 Application to be denied, <br />are incorporated in and enforced through a proposed Agreement for Issuance of an Amended <br />Conditional Use Permit (CUP), to be approved concurrently with approval of the comprehensive <br />plan amendment and rezoning for the 2011 expansion; and that execution of the CUP by ERL is <br />necessary to sustain the findings set forth in this Resolution for approval of the 2011 Application. <br />26. It is the City Council's conclusion, from all of the evidence submitted and the <br />testimony taken, that: <br />(1) The 2011 Application addresses the impacts and concerns which caused the 2009 <br />Application to be denied, provided that the CUP is executed and becomes effective; <br />(2) The 2011 Application meets the standards and requirements of state law and the <br />City Code of Ordinances for amendment of the City's Comprehensive Plan, provided that the <br />CUP is executed and becomes effective; and <br />-9- <br />