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WHEREAS, the City rezoned the Landfill Property to SWF district and issued a Conditional Use Permit and Solid Waste Facility License for the Landfill i operation in October, 1988; and WHEREAS, the Permittee has applied for and on July 20, 1998 to the City approved an for amendment and renewal of the Solid Waste Facility License and has requested that the Conditional Use Permit be amended to permit construction of additional cells at the Landfill; and WHEREAS, the City Council has determined that for reasons related to public health, safety, and welfare the final elevation of the Landfill should be limited to no more than 1120 feet above Mean Sea Level (MSL); and WHEREAS, the permittee has agreed to a final elevation of no more than 1120 MSL; and WHEREAS, the Permittee has applied on January 21,1999 ("Permit Application" 9/99) to the City for amendment and renewal of the Solid Waste Facility License and Conditional Use Permit to permit the construction of additional cells at the Landfill; and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on the request to amend the Conditional Use Permit, at III which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that Elk River Landfill, Inc., is hereby granted an amended conditional use permit for landfill and related operations on the Landfill Property described above, subject to the terms, conditions and qualifications hereinafter stated, to wit:. 1.) Scope and Conduct of Landfill Operations. The operation of a solid waste landfill may be conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Sherburne County (the County), and the Minnesota Pollution Control Agency (MPCA); and in accordance with authorization and limitations contained in: (01) MPCA Solid Waste Permit No. 74 as modified and reissued in 1997 and which specifically authorizes Cells 12 and 13; (02) the current Sherburne County Solid Waste Landfill License of the Permittee; (03) the current City Solid Waste Facility License of the Permittee; and .