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WHEREAS, the Elk River City Council, on October 19 2009, held a public hearing on <br />the requests 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 />October 19, 2009 public hearing before the City Council were provided the opportunity to do so; <br />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 October 19, 2009 were accepted into the <br />record; and <br />WHEREAS, during the October 19, 2009 public hearing, the City Council discussed the <br />merits of the requests and tools into consideration its prior action on September 21, 2009; and <br />WHEREAS, after all parties desiring to present testimony and offer evidence for or <br />against the requests for a CUP and License had had the opportunity to do so, the Elk River City <br />Council closed the public hearing on the requests, continued its discussion of the requests, and <br />reached the 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 requests for a CUP and License under Minnesota Statutes, Section 15,99 to <br />November 20, 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 requests of ERL, 'WMI, and Tiller for a <br />Conditional Use Permit and License to allow expansion and operation of the Landfill in the <br />SDA; <br />3 <br />