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WHEREAS, the appropriate and lawful regulation of the use of land for <br />landfill purposes within the City is a matter of important public need and <br />interest; and <br />WHEREAS, the residents of the City could be adversely affected by the <br />unregulated operation of the Landfill; and <br />WHEREAS, the City rezoned the Landfill Property to SWF district and <br />issued a Conditional Use Permit and Solid Waste Facility License for the Landfill <br />operation in October, 1988; and <br />WHEREAS, the Permittee applied for and on July 20, 1998 the City <br />approved an amendment and renewal of the Solid Waste Facility License and <br />Conditional Use Permit to permit construction of additional cells at the Landfill; <br />and <br />WHEREAS, the City Council determined that for reasons related to public <br />health, safety, and welfare the final elevation of the Landfill should be limited to <br />no more than 1120 feet above Mean Sea Level (MSL); and <br />WHEREAS, the permittee agreed to a final elevation of no more than 1120 <br />MSL; and <br />WHEREAS, the Permittee applied on January 21,1999 to the City for <br />amendment and renewal of the Solid Waste Facility License and Conditional Use <br />Permit to permit the construction of additional cells at the Landfill; and <br />WHEREAS, the Permittee applied on November 19, 2001 to the City for an <br />amendment of the Solid Waste Facility License and Conditional Use Permit to <br />permit the construction of a demolition debris cell at the Landfill; and <br />WHEREAS, the Permittee has applied on March 15, 2004 to the City for an <br />amendment of the Solid Waste Facility License and Conditional Use Permit for <br />the Landfill; and <br />WHEREAS, the City of Elk River Planning Commission and City Council <br />have held hearings on the request to amend the Conditional Use Permit, at <br />which hearings all citizens of the City of Elk River and other interested parties <br />have had the opportunity to be heard. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of <br />Elk River, that Elk River Landfill, Inc., is hereby granted an amended conditional <br />use permit for landfill and related operations on the Landfill Property described <br />above, subject to the terms, conditions and qualifications hereinafter stated; to <br />wit: <br />2 <br />