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87-010 RES RESOLUTION NO. 87-10 . RESOLUTION GRANTING CONDITIONAL USE PERMIT WHEREAS, application has been made for a Conditional Use Permit under the provisions of Sections 900.16 and 900.42 of the City Code to allow a Waste Burning Facility on the property legally described in Exhibit A; and WHEREAS, the application has been referred to the Planning Commission which has given its advice and recommendation to the City Council; and WHEREAS, the effect of the proposed Waste Burning 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 WHEREAS, the City Council has considered all of the facts, reasons, and opinions provided to it during numerous public hearings and informational meetings, the minutes of which are on file with the City Clerk, and all of the materials listed in Condition 1 on the attached Exhibit B, 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 the proposed Waste Burning Facility is in harmony with the general purposes and intent of the Zoning Ordinances and Land Use Plan of the City, and will fully comply with all other requirements of the City's Code of Ordinances. 2. A Conditional Use Permit is granted to the Permittee in accordance with the conditions set forth in Exhibit B, which is made a part of this Resolution and can be examined in the City Clerk's Office. 3. That the Permittee shall be required to record a copy of this resolution with the Sherburne County Recorder and/or Registrar of Titles and to pay all fees for said recording and shall file proof of said recording with the City. The building permit for the Facility described in Exhibit B shall not be issued until or unless the recording is made within one year from the date of this approval. . The foregoing resolution was introduced by Councilmember Schuldt and duly seconded by Councilmember Tralle. The . . . following voted in favor of the resolution: Mayor Gunkel, Councilmernber Schuldt, and Councilmernber Tralle. The following voted against: Councilmernber Dobel and Councilmernber Holmgren. Whereupon the resolution was adopted. ADOPTED: Cb2L;):i~~Jvj Estelle Gunkel, Mayor ~~~. Patrick 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 February 9, 1987. WITNESS seal of the m~ hand.offic~~ly as suc C;erk and the corporate Clty thls //') day of Jlh~, ., 1987. , o ~.~hA!J Sandra Thackeray , Ci lerk (SEAL) PKB:AJ8 2.