85-083 RES
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RESOLUTION 85-83
A RESOLUTION GIVING APPROVAL TO A SOLID WASTE FACILITIES
PROJECT AND EXPRESSING THE INTENT OF THE CITY OF ELK
RIVER AS TO CERTAIN RELATED MATTERS
WHEREAS:
A. The County of Anoka, Minnesota, proposes to issue up to
$53,185,000 of its Resource Recovery Revenue Bonds (the "Bonds")
pursuant to Minnesota Statutes, Chapter 473 and 474 to finance
the cost of a solid waste processing facility and related
facility for the combustion of the refuse derived fuel produced
by the solid waste processing facility, which facilities may be
located within the city limits of the City of Elk River,
Minnesota;
B. Pursuant to the request of Anoka County, the City
published a Notice of Public Hearing on November 26, 1985, in the
newspaper which is both the legal newspaper and a newspaper of
general circulation within the City of Elk River, and
subsequently conducted a public hearing at the regularly
scheduled City Council meeting held on December 16, 1985;
C. At the public hearing referred to above, those who wish
to make comments with respect to the proposed solid waste
processing facility and related combustion facility were allowed
to do so, and written comments were accepted;
D. The County of Anoka has further requested the City
Council to express its present intent on whether the City will be
willing to issue the building permits, conditional use permits,
variances and other permits and approvals which may be required
for the development and implementation of the proposed
facilities;
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Elk River, Minnesota, as follows:
1. The City of Elk River hereby gives its approval to the
Bonds for the proposed Anoka County Solid Waste Processing
Facility and related combustion facility described in the Notice
of Public Hearing. The City of Elk River hereby agrees that the
County of Anoka may authorize, issue and deliver the Bonds to
finance the facilities and that no further action or approval of
the City of Elk River shall be required. The City of Elk River
has granted its approval with respect to the facilities upon the
understanding that the City will not be deemed to be the issuer
of the Bonds, nor shall the City of Elk River incur any liability
with respect thereto.
2. The appropriate officers, employees, boards and
commissions of the City will undertake to review the information
submitted to the City by the County and Vendor with respect to
the Facility to determine whether the Facility will comply with
the requirements of the City's ordinances. Assuming that an
acceptable Environmental Assessment Worksheet or Environmental
Impact Statement has been completed, and all necessary approvals
required from the Minnesota Pollution Control Agency and other
state or regional governmental bodies or agencies have been
granted or will be granted, the City will promptly review the
information submitted to the City with respect to the Facility
and consider whether to grant conditional use permits or other
approvals required by the City's ordinances for the Facility.
Subject to approval of the Facility by other state and regional
governmental bodies or agencies, the City presently intends to
grant, subject to conditions authorized by the City Ordinances,
the approvals necessary for the Facility.
3. Nothing in this resolution shall be deemed to bind or
require the City to issue a conditional use permit or other
approval unless the City determines that such permits or
approvals may appropriately be granted under the terms of the
City's ordinances. Nothing has come to the attention of the
City, however, to lead it to believe that such permits or
approvals may not be granted.
Passed and adopted by the Elk River City Council this 16th day of
December 1985.
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ATTEST:
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Thomas R. Bublitz, City Administrator
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Richard Hinkle, Mayor