90-076 RES
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CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION 90 - 76
RESOLUTION RENEWING AND AMENDING
SOLID WASTE FACILITY LICENSE
UNITED POWER ASSOCIATION WASTE BURNING FACILITY
WHEREAS, Elk River City Council Resolution No. 87-11, adopted
February 9, 1987, granted a Solid Waste Facility License (the
License) to United Power Association (UPA) for a Waste Burning
Facility to be constructed and operated by UPA on the property
legally described in Exhibit A hereto; and
WHEREAS, UPA subsequently constructed and began operation of
the Waste Burning Facility pursuant to the requirements of the Elk
River Code of Ordinances and the License; and
WHEREAS, the Elk River Code of Ordinances requires that the
License for the Waste Burning Facility be renewed every two years;
and
WHEREAS, UPA made application, as required by the Elk River
Code of Ordinances, on November 30, 1989, for renewal of the
License; and
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WHEREAS, the application for renewal of the License has been
considered by the City Council at a public hearing held over the
course of several City Council meetings, during which public
hearing testimony was received from all persons desiring to be
heard on the application for renewal of the License; and
WHEREAS, in response to the testimony received at the public
hearing, and to recommendations made by City staff and consultants,
a number of amendments have been made to the License, as shown on
the Amended License attached as Exhibit B hereto; and
WHEREAS, UPA has stated on the record at the public hearing its
agreement with and consent to the License, as amended; and
WHEREAS, the City Council, at its regular meeting of
November 26, 1990, closed the public hearing and voted to approve
the Amended License attached as Exhibit B hereto, pending execution
of the License by UPA; and
WHEREAS, the City Council has considered, in light of the
criteria set forth in Section 604 of the City Code:
1.
All of the facts, reasons, and opinions provided to it
during numerous public hearings and informational meetings
on UPA's application for renewal of the License; and on
the related applications for renewal of the conditional
use permit for the Waste Burning Facility and for the
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Northern States Power Solid Waste Processing Facility, the
minutes of which are on file with the City Clerk; and
2.
All of the materials listed in the Amended License
attached as Exhibit B to this Resolution, which are
incorporated herein by reference; and
WHEREAS, the City Council has directed the preparation of and
has carefully reviewed and considered each of the terms,
conditions, and requirements of the Amended License attached as
Exhibit B to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELK RIVER:
I. The City Council finds that the Waste Burning Facility, if
operated in conformance with the terms, conditions, and
requirements of the Amended License attached as Exhibit B
to this Resolution, has and will continue to:
1. Meet all of the Minimum Requirements set forth in
Section 604 of the City Code for the operation of a
Waste Burning Facility;
2. Fully comply with all of the Performance Standards
established in Section 604 and Chapter IX of the City
Code;
3.
Fully comply with all additional performance
standards, conditions, and requirements deemed
necessary by the City Council to meet the
requirements of the City Code and imposed as
conditions in the Amended License;
4. Meet all of the requirements of the City Zoning
Ordinance for the renewal of the Conditional Use
Permit for the facility (the CUP), and the standards
for issuance of a conditional use permit set forth in
Section 900.42(4)(a);
5. Be so situated, equipped, operated, and maintained so
as to minimize to the maximum extent possible, using
the best available technology, any potential adverse
impacts on:
(a) The environment;
(b) Groundwater quality;
(c) Persons residing or working in the area;
(d) Other land uses and activities in the area;
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(e) The use, enjoyment, or value of neighboring
properties; and
(f) The public health, safety, and general welfare.
II. The Amended Solid Waste Facility License for the Facility,
attached as Exhibit B to this Resolution, includes all of
the terms, requirements, and conditions necessary for the
Facility to continue to fully comply with the requirements
of the City Code.
III. The Solid Waste Facility License will, therefore, be
renewed for United Power Association, in the form attached
as Exhibit B to this Resolution. The Amended License is
made a part of this Resolution and can be examined in the
City Clerk's Office.
IV. UPA shall record a copy of this Resolution with the
Sherburne County Recorder and/or Registrar of Titles and
pay all fees for said recording and shall file proof of
said recording with the City.
The foregoing resolution was introduced by Council Member
nnhpl and duly seconded by Council Member Schuldt
Following voted in favor of the resolution: Mayor Tralle,
Council Member Schuldt, Council Member Holmgren, Council Member
Kropuenske, Council Member Dobel. Whereupon the resolution was
adopted.
ADOPTED':
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James A. Tralle, Mayor
%I~ J? /:P~
Patrick D. Klaers,
City Administrator
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting
Clerk of the City of Elk River, Minnesota, hereby certify that
the above resolution is a true and correct copy of the
resolution as adopted by the City Council of the City of Elk
River on November 26, 1990.
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WITNESS my hand officially as s~ch Clerk. and the corporate
seal of the City this ,;() day of f:!...L~~~kc'-/ , 1990.
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Thackeray, City
(SEAL)
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