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WHEREAS, the Elk River City Council, on February 16, 2010, held a public hearing on <br />the request for an amended CUP and License and considered the Planning Commission's <br />recommendation; and <br />WHEREAS, ERL and all members of the public desiring to speak at the February 16, <br />2010 public hearing before the City Council were provided the opportunity to do so; and <br />WHEREAS, all written materials submitted by ERL and all members of the public prior <br />to and at the public hearing on February 16, 2010 were accepted into tlae record; and <br />WHEREAS, during the February 16, 2010 public hearing the City Council discussed the <br />merits of the request and took into consideration the Planning Commission's February 9, 2010 <br />recommendation; and <br />V~HEREAS, after all parties desiring to present testimony and offer evidence for or <br />against the request for an amended CUP and SwFL had had the opportunity to do so, the Elk <br />River City Council closed the public hearing on the request, continued its discussion of the <br />request, and reached the decision incorporated in this Resolution. <br />NCw, THEREFaRE, tl~e City Council of the City of Elk River makes the following <br />Findings of Fact and Decision with respect to the request of ERL for an amended CUP and <br />SwFL for the existing Landfill. <br />FINDINGS CF FACT <br />1. The City Council makes the following findings of fact with respect to the <br />Application by ERL for an amended CUP and SwFL for the Landfill: <br />~a~ That the Landfill is a Solid waste Facility, as that term is defined in the <br />Elk River City Code of Ordinances, <br />2 <br />