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<br />e <br /> <br />CITY COUNCIL <br />CITY OF ELK RIVER <br /> <br />RESOLUTION 90 - 76 <br /> <br />RESOLUTION RENEWING AND AMENDING <br />SOLID WASTE FACILITY LICENSE <br />UNITED POWER ASSOCIATION WASTE BURNING FACILITY <br /> <br />WHEREAS, Elk River City Council Resolution No. 87-11, adopted <br />February 9, 1987, granted a Solid Waste Facility License (the <br />License) to United Power Association (UPA) for a Waste Burning <br />Facility to be constructed and operated by UPA on the property <br />legally described in Exhibit A hereto; and <br /> <br />WHEREAS, UPA subsequently constructed and began operation of <br />the Waste Burning Facility pursuant to the requirements of the Elk <br />River Code of Ordinances and the License; and <br /> <br />WHEREAS, the Elk River Code of Ordinances requires that the <br />License for the Waste Burning Facility be renewed every two years; <br />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 <br />License; and <br /> <br />e <br /> <br />WHEREAS, the application for renewal of the License 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 License; 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 License, as shown on <br />the Amended License 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 License, 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 License attached as Exhibit B hereto, pending execution <br />of the License by UPA; and <br /> <br />WHEREAS, the City Council has considered, in light of the <br />criteria set forth in Section 604 of the City Code: <br /> <br />1. <br /> <br />All of the facts, reasons, and opinions provided to it <br />during numerous public hearings and informational meetings <br />on UPA's application for renewal of the License; and on <br />the related applications for renewal of the conditional <br />use permit for the Waste Burning Facility and for the <br /> <br />e <br />