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WHEREAS, the Elk River City Council, on September 19, 2011, held a public hearing on <br />the 2011 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 />September 19, 2011 public hearing before the City Council were provided the opportunity to do <br />so; 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 September 19, 2011 were accepted into the <br />record; and <br />WHEREAS, during the September 19, 2011 public hearing, the City Council discussed <br />the merits of the 2011 Application, closed the public hearing on the Application and reached the <br />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 of ERL, WMI, and Tiller for a <br />comprehensive plan amendment to allow a 31.8-acre expansion of the Landfill: <br />FINDINGS OF FACT <br />1. 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 />2. The Landfill was granted its first approvals and permits by the City of Elk River <br />pursuant to the City's Solid Waste Facilities Ordinance in 1988. <br />3. In 1997, the City granted approval for the Landfill to expand the area approved <br />for Mixed Solid Waste (MSW) disposal from its origina140 acres to the current 93-acre <br />footprint. <br />-3- <br />