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DECISION ON REZONING <br />The City Council of the City of Elk River further makes the following Decision with respect <br />to the Application of ERL for rezoning of the 109-acre Southern Development Area from A-1 <br />(ME), agricultural conservation (mineral excavation), to A-1 (SWF'), agricultural conservation (solid <br />waste facility): <br />A. All of the reports and materials prepared by City Staff and Ciry Consultants, as well as the <br />Findings of Fact and Recitals set forth in this Resolution, are hereby adopted and <br />incorporated within the City Council's decision on this matter <br />B. The record in this matter shall include all materials submitted to the City and presented to <br />the Planning Commission and City Council, including those materials presented in the staff <br />reports, by the City staff and by the City's consultants, and all materials and testimony <br />submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all testimony <br />received from the public as of the date of this resolution. <br />C. Based on all of the above, and on the additional fact that the Application to reguide the <br />SDA from "Mining" to "Landfill" has been denied, so that rezoning the SDA from A-1 <br />(ME) to A-1 (SWF') would result in an inconsistenry between the Land Use Map Element <br />of the Ciry's 2004 Comprehensive Plan and the City of Elk River's Zoning Map, the <br />Application to rezone the SDA from A-1 (ME) to A-1 (SWF) is denied. <br />THIS RESOLUTION PASSED AND ADOPTED this 21st day of September, 2009. <br />Stephanie Klinzing, Mayor <br />Tina Allard, City Clerk <br />GP:2629426 v2 <br />13 <br />