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WHEREAS, the Elk River City Council, on February 16, 2010, held a public hearing on :. <br />~. <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 the 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 />WHEREAS, 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 />t:. <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 />NOW, THEREFORE, the 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 />FINDII~TGS OF 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 />EIk River City Code of Ordinances. <br /> <br />2 <br />