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<br />. <br /> <br />e <br /> <br />e <br /> <br />CITY COUNCIL <br />CITY OF ELK RIVER <br /> <br />RESOLUTION 90 - 75 <br /> <br />RESOLUTION RENEWING AND AMENDING CONDITIONAL USE PERMIT <br />UNITED POWER ASSOCIATION WASTE BURNING FACILITY <br /> <br />WHEREAS, Elk River City Council Resolution No. 87-10, adopted <br />February 9, 1987, granted a Conditional Use Permit (the CUP) for a <br />Waste Burning Facility to be constructed and operated by United <br />Power Association (UPA) on the property legally described in <br />Exhibit A hereto; and <br /> <br />WHEREAS, UPA subsequently constructed and began operation of <br />the Waste Burning Facility pursuant to the requirements of Elk <br />River Code of Ordinances and the CUP; and <br /> <br />WHEREAS, the Elk River Code of Ordinances requires that the CUP <br />for the Waste Burning Facility be renewed every two years; and <br /> <br />WHEREAS, UPA made application, as required by the Elk River <br />Code of Ordinances, on November 30, 1989, for renewal of the CUP; <br />and <br /> <br />WHEREAS, the application for renewal of the CUP was referred to <br />City of Elk River Planning Commission, which has given its advice <br />and recommendation to the City Council; and <br /> <br />WHEREAS, the application for renewal of the CUP has been <br />considered by the City Council at a public hearing held over the <br />course of several City Council meetings, during which public <br />hearing testimony was received from all persons desiring to be <br />heard on the application for renewal of the CUP; and <br /> <br />WHEREAS, in response to the testimony received at the public <br />hearing, and to recommendations made by City staff and consultants, <br />a number of amendments have been made to the CUP, as shown on the <br />Amended CUP attached as Exhibit B hereto; and <br /> <br />WHEREAS, UPA has stated on the record at the public hearing its <br />agreement with and consent to the CUP, as amended; and <br /> <br />WHEREAS, the City Council, at its regular meeting of <br />November 26, 1990, closed the public hearing and voted to approve <br />the Amended CUP attached as Exhibit B hereto, pending execution of <br />the CUP by UPA; and <br /> <br />WHEREAS, the effect of the waste burning facility upon the <br />health, safety, and welfare of the citizens of the City of Elk <br />River, County of Sherburne, state of Minnesota, existing and <br />anticipated traffic conditions, ground and surface waters, air <br />quality, and its effect on property values of surrounding lands in <br />the City, has been considered; and <br />