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<br />e <br /> <br />CITY COUNCIL <br />CITY OF ELK RIVER <br /> <br />RESOLUTION 90 - 77 <br /> <br />RESOLUTION RENEWING AND AMENDING CONDITIONAL USE PERMIT <br />NORTHERN STATES POWER COMPANY REFUSE DERIVED FUEL <br />RESOURCE RECOVERY FACILITY <br /> <br />WHEREAS, Elk River City Council Resolution No. 86-86, adopted <br />December I, 1986, granted a Conditional Use Permit (the CUP) for a <br />Refuse Derived Fuel Resource Recovery Facility (the Facility) to be <br />constructed and operated by Northern States Power Company (NSP) on <br />the property legally described in Exhibit A hereto; and <br /> <br />WHEREAS, NSP subsequently constructed and began operation of <br />the RDF Facility pursuant to the requirements of Elk River Code of <br />Ordinances and the CUP; and <br /> <br />WHEREAS, the Code of Ordinances requires that the CUP for the <br />RDF Facility be renewed every two years; and <br /> <br />WHEREAS, NSP made application, as required by the Elk River <br />Code of Ordinances, on November 28, 1989, for renewal of the CUP; <br />and <br /> <br />e <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, NSP 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 NSP; and <br /> <br />e <br /> <br />WHEREAS, the effect of the RDF Facility upon the health, <br />safety, and welfare of the citizens of the City of Elk River, <br />County of Sherburne, state of Minnesota, existing and anticipated <br />traffic conditions, ground and surface waters, air quality, and its <br />effect on property values of surrounding lands in the City, has <br />been considered; and <br />