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raised in the staff reports, during the public hearing, and by the City Council during their <br />discussion; and <br />WHEREAS, on August 17, 2009, the Elk River City Council continued with the public <br />hearing on the Application and provided ERL, WMI and Tiller, as well as all members of the <br />public desiring to do so, the opportunity to present additional testimony and written evidence to <br />the City Council; and <br />WHEREAS, after all parties desiring to present testimony and offer evidence for or <br />against the Application had had the opportunity to do so, the Elk River City Council closed the <br />public hearing on the Application, continued its discussion of the Application, and reached the <br />decision incorporated in this resolution; and <br />WHEREAS, ERL has agreed in writing to an extension of the City's time deadline for <br />acting on the application under Minnesota Statutes Section 15.99 to September 26, 2009. <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 and rezoning of the SDA to allow expansion of the Landfill: <br />FINDINGS OF FACT <br />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 original 40 acres to the current 93-acre <br />footprint. <br />3 <br />