90-077 RES
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CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION 90 - 77
RESOLUTION RENEWING AND AMENDING CONDITIONAL USE PERMIT
NORTHERN STATES POWER COMPANY REFUSE DERIVED FUEL
RESOURCE RECOVERY FACILITY
WHEREAS, Elk River City Council Resolution No. 86-86, adopted
December I, 1986, granted a Conditional Use Permit (the CUP) for a
Refuse Derived Fuel Resource Recovery Facility (the Facility) to be
constructed and operated by Northern States Power Company (NSP) on
the property legally described in Exhibit A hereto; and
WHEREAS, NSP subsequently constructed and began operation of
the RDF Facility pursuant to the requirements of Elk River Code of
Ordinances and the CUP; and
WHEREAS, the Code of Ordinances requires that the CUP for the
RDF Facility be renewed every two years; and
WHEREAS, NSP made application, as required by the Elk River
Code of Ordinances, on November 28, 1989, for renewal of the CUP;
and
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WHEREAS, the application for renewal of the CUP was referred to
City of Elk River Planning Commission, which has given its advice
and recommendation to the City Council; and
WHEREAS, the application for renewal of the CUP 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 CUP; 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 CUP, as shown on the
Amended CUP attached as Exhibit B hereto; and
WHEREAS, NSP has stated on the record at the public hearing its
agreement with and consent to the CUP, 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 CUP attached as Exhibit B hereto, pending execution of
the CUP by NSP; and
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WHEREAS, the effect of the RDF Facility upon the health,
safety, and welfare of the citizens of the City of Elk River,
County of Sherburne, state of Minnesota, existing and anticipated
traffic conditions, ground and surface waters, air quality, and its
effect on property values of surrounding lands in the City, has
been considered; and
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WHEREAS, the City Council has considered all of the facts,
reasons and opinions provided to it during the extensive public
hearing, the minutes of which are on file with the City Clerk, and
all the materials listed in the CUP, incorporated herein by
reference, all of which were considered in light of the criteria
set forth in Section 900.42 of the City Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Elk River:
1. It is hereby determined that operation of the RDF Facility
is in compliance with the requirements of the City's Code
of Ordinances.
2. The CUP for the RDF Facility is hereby renewed, as
amended, in the form attached hereto as Exhibit B, which
is made a part of this resolution and can be examined in
the City Clerk's office.
3. That NSP 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
Dobel and duly seconded by Council Member Holmgren .
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
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Patrick D. Klaers,
City Administrator
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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
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resolution as adopted by the City Council of the City of Elk
River on November 26, 1990.
WITNESS my hand officially as s~h Clerk ~nd the corporate
seal of the City this ~ day of ~....ee'~/J/ , 1990.
(SEAL)
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