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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />AMENDED CONDITIONAL USE PERMIT <br /> <br />Approved 1/16/96 <br /> <br />THIS AGREEMENT, made and entered into this <br /> <br />. day of <br /> <br />1996 by and between the CITY OF ELK RIVER, a Minnesota municipal corporation <br /> <br />(hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota <br /> <br />corporation (hereinafter referred to as the Permittee), provides as follows: <br /> <br /> WHEREAS, the Permittee owns the real properties described on Exhibit A attached <br />hereto (hereinafter referred to as the Landf'fll Property), situated in the City of Elk River; <br />and <br /> <br /> WHEREAS, Permittee has been operating a landf'fll on the Landfill Property prior to <br />January 20, 1987, and is currently operating a landfill at that location (the Landfill); and <br /> <br /> WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance <br />authorizing the designation of a Solid Waste Facility (SWF) district effective January 20, <br />1987; and <br /> <br /> WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted <br />or conditional use in any zoning district within the City; and <br /> <br /> WHEREAS, Permittee's landfill operation on the Landf'fll Property was a <br />nonconforming use prior to the adoption of the Amendment; and <br /> <br /> WHEREAS, the appropriate and lawful regulation of the use of land for landfill <br />purposes within the City is a matter of important public need and interest; and <br /> <br /> WHEREAS, the residents of the City could be adversely affected by the unregulated <br />operation of the Landfill; and <br /> <br /> WHEREAS, the City rezoned the Landfill Property to SWF district and issued a <br />Conditional Use Permit and Solid Waste Facility License for the Landfill operation in <br />October, 1988; and <br /> <br /> WHEREAS, Permittee has applied to the City for renewal of the Solid Waste Facility <br />License and has requested that the Conditional Use Permit be amended to permit additional <br />activities on the Landfill Property; and <br /> <br /> WHEREAS, the City of Elk River Planning Commission and City Council have held <br />hearings on the request to amend the Conditional Use Permit, at which hearings all citizens <br />of the City of Elk River and other interested parties have had the opportunity to be heard. <br /> <br /> <br />