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87-011 RES . . . RESOLUTION NO. 87-11 RESOLUTION GRANTING SOLID WASTE FACILITY LICENSE TO UNITED POWER ASSOCIATION FOR THE ESTABLISHMENT AND OPERATION OF A WASTE BURNING FACILITY WHEREAS, United Power Association (UPA) has made application for a Solid Waste Facility License (the License) under the provisions of Section 604 of the City Code to allow the establishment and operation of a Waste Burning Facility (the Facility) on the property legally described in Exhibit A hereto; 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 a Solid Waste Facility License and on the related applications for conditional use permits for the Facility and for the 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 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 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 Facility, if established and operated in conformance with the terms, conditions, and requirements of the Licence attached as Exhibit B to this Resolution, will: 1. Meet all of the Minimum Requirements set forth in Section 604 of the City Code for the establishment and 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 License; . 4. Meet all of the requirements of the City Zoning Ordinance for the issuance of a 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 ln the area; (e) The use, enjoyment, or value of neighboring properties; and . ( f ) The public health, safety, and general welfare. II. The 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 fully comply with the requirements of the City Code. III. A Solid Waste Facility License will, therefore, be granted to United Power Association, in the form attached as Exhibit B to this Resolution, upon execution by UPA of the License indicating its consent to the terms, requirements and conditions of the License, the CUP and Section 604 of the City Code. This 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 building permit for the Facility shall not be issued until and unless recording is completed within one year from the date of this approval. . 2 . . . ~ The foregoing resolution was introduced by Councilmember Tralle and duly seconded by Councilmember Schuldt. The following voted in favor of the resolution: Mayor Gunkel, Councilmember Tralle, and Councilmember Schuldt. The following voted against: Councilmember Dobel and Councilmember Holmgren. Whereupon the resolution was adopted. ADOPTED: P J-..~ j Jj' L~Le/ 'il ,/ ~-U_4 :.; 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 my hand officially as such Clerk and the corporate seal of the City this 9 ti. day of '=I.v~,_u-~cf ' 1987. (SEAL) erk PKB:AK1 3 .