RES 10-07RESOLUT~o~ ~o. ~ o~ o~
City Council
city o f Elk River
A. Resoiu~.an A rovin the A. lica~ian of Ells River Landfill Inc, far an Amended
Candi~ivnal Use Permit and License for the Lxistin Ells River Landfill
WHEREAS, Elk River Landfill, Inc. ERL}, a wholly-owned subsidiary of waste
Management, Inc. ~WM1}, is the owner and operator of the Elk River Landfill Landfill}; and
WHEREAS, ERL has submitted a land use application Application} to the City
requesting the approval of an amended Conditional Use Permit SCUP} and Solid waste Facilities
License ~SWFL} for the Landfill; and
WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City
Code, the request by ERL for an amended CUP and License was referred to the City of Elk River
Planning Commission for the purpose of holding a public hearing and making a recommendation
to the Elk River City Council on the request; and
WHEREAS, the Planning Commission held a public hearing on the request on February
9, 20 ~ 0, at which tune ERL was provided as much time as it desired to present the request and
all information and data they desired in support of the Application; and
WHEREAS, the Planning Commission took testimony from. all members of the public
who desired to speak at the February 9, 2010 public hearing; and
WHEREAS, the Planning Commission closed its public hearing on the request on
February 9, 2x10 and. adopted a motion recommending to the Elk River City Council that the
request for an amended CUP and SWFL for the Landfll be approved, subject to the conditions
recommended by City staff asset forth in the proposed amended CUP and SWFL reviewed by
the Planning Commission; and
WHEREAS, the Elk River City Council, on February 16, 2010, held a public hearing on
the request for an amended CUP and License and considered the Planning Commission's
recommendation; and
WHEREAS, ERL and all members of the public desiring to speak at the February 16,
2010 public hearing before the City Council were provided the opportunity to do so; and
WHEREAS, all written materials submitted by ERL and all members of the public prior
to and at the public hearing on February 16, 2010 were accepted into tlae record; and
WHEREAS, during the February 16, 2010 public hearing the City Council discussed the
merits of the request and took into consideration the Planning Commission's February 9, 2010
recommendation; and
V~HEREAS, after all parties desiring to present testimony and offer evidence for or
against the request for an amended CUP and SwFL had had the opportunity to do so, the Elk
River City Council closed the public hearing on the request, continued its discussion of the
request, and reached the decision incorporated in this Resolution.
NCw, THEREFaRE, tl~e City Council of the City of Elk River makes the following
Findings of Fact and Decision with respect to the request of ERL for an amended CUP and
SwFL for the existing Landfill.
FINDINGS CF FACT
1. The City Council makes the following findings of fact with respect to the
Application by ERL for an amended CUP and SwFL for the Landfill:
~a~ That the Landfill is a Solid waste Facility, as that term is defined in the
Elk River City Code of Ordinances,
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fib} That Solid Waste Facilities are only allowed, as a conditional use, within
the City's Solid Waste Facilities Overlay Zoning District.
~c} That the Landfill is located Within the City's Solid Waste Facilities
Overlay Zoning District;
~d} That a license to operate a Solid Waste Facility can only be issued to a
facility which is located within the Solid Waste Facility Overlay District
and which has received a conditional use permit to operate;
fie} That the Landfill has a valid, existing conditional use permit and license to
operate a Solid Waste Facility on the existing Landfill property, which
Conditional Use Permit and License expire on February i7, ~0~0;
(~} That ERL has applied to amend the existing CUP and License so that
operation of the existing Landfill may continue beyond February 17, 20i 0;
fig} That the Application to amend the CUP and License applies only to the
existing Landfill, as described in the legal descriptions attached to the
Amended CUP and SWFL attached to this Resolution;
~h} That the City Council does not have before it an application to expand the
fzll area of the Landfill into the existing 200 foot buffer zone Buffer
Zone} Which extends Z00 feet North from the Southern property line of the
Landfill;
~i} That the X00 foot Buffer Zone, which is required by State law and
regulation, is an integral part of the Solid Waste Facility which is the
Landfill and is therefore required to be located on Landf 11 property which
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is zoned Solid waste Facilities and subject to the CUP and SwFL for the
Landfill;
~} That the application before the City Council does not propose or
contemplate any expansion of the Solid waste capacity of the Landfill
beyond that approved in the existing CUP and SwFL;
~k} That the proposed Amended CUP and SwFL attached to this Resolution
provide that no Solid waste will be deposited within the 2oa foot Buffer
Zone;
~l) That, based upon the entire record before the City Council, and the
Findings of Fact set forth in this Resolution, the Amended CUP and
SwFL attached to this Resolution comply with the City of Elk River Solid
waste Facilities Ordinance and meet the standards for approval of an
Arnended CUP a:ad SwFL for the Landfill.
DECISION
THEREFORE, the City Council of the City of Elk River makes the following Decision
with respect to the request for an Amended Conditional Use Permit and SwFL for the existing
Landfill:
A. All of the reports and materials prepared by City Staff and City Consultants are
hereby adopted and incorporated within the City Council's Decision on this
matter,
B. The record in tl~.is matter shall include all materials submitted to the City and
presented to the Planning Commission and City Cauncil, including those
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materials presented in the staff reports, by the City staff and by the City's
consultants, and all materials and testimony submitted by or on behalf of ERL,
and their consultants, and all testimony received from the public, as of the date of
this Resolution.
C. The Findings of Fact set forth above in this Resolution are hereby adopted and
incorporated as specific grounds for the Decision set forth herein,
D. Based on all of the above, and in particular on the fact that the Application for an
Amended CUP and S~VFL far the Landfill daes not include a request to deposit
Solid Waste within the existing X00 foot Buffer Zane or to increase the solid
waste capacity of the Landfill, the request of ERL for an amended Conditional
Use Permit and SWFL for the Land~.ll is hereby granted, and an amended CUP
and SWFL in the forms attached to phis Resolution are approved, on condition
that the "Agreement for Issuance of Amended Conditional Use Permit," and the
"City of Elk River Solid Waste Facility License Agreement," in the forms
attached to this Resolution, are executed by ERL andlor WMI.
THIS RES CLUTInN PASSED AND ADOPTED this 16th day of February, 20 I ~,
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to
Stepp' nie Klinzing,~ll~a~ r
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Tina Allard, City Clerk
GP;272894~~ vl
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