99-018 ORDORDINANCE 99- 18
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO REZONE CERTAIN PROPERTIES TO REMOVE
THEM FROM THE WSR (WILD AND SCENIC RIVER
OVERLAY DISTRICT)
CASE NO. ZC 99-4
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone the property described as:
See Attached Exhibit A
Section 2. The rezoning is being approved based on the following findings:
THE REZONING IS CONSISTENT WITH THE CITY OF ELK RIVER'S
COMPREHENSIVE PLAN.
THE REZONING IS CONSISTENT WITH THE HISTORIC AND
PREEXISTING ECONOMIC USE OF THE PROPERTIES.
THE REZONING IS CONSISTENT WITH THE PROPOSED EXPANSION
OF THE URBAN SERVICE AREA.
THE REZONING IS COMPATIBLE WITH THE ADJACENT ZONING
DISTRICTS.
THE REZONING IS COMPATIBLE WITH THE VALUES OF THE WILD
AND SCENIC RIVER DISTRICT.
Section 3. That this Ordinance shall take effect and be in full force from
and after the date of its publication.
Passed and adopted this 21st day of June, 1999, by the City Council of
the City of Elk River.
~ Klin~ayor
Stel~anie A.
Sanc[~a-A.~eir~e~i'ty Clerk
EXHIBIT A
PROPOSED DESCRIPTIONS
FOR AREAS TO BE TAKEN OUT OF THE
WILD AND SCENIC RIVER DISTRICT
That part of Government Lot 1, Section 3, and the Southwest Quarter of the Southwest Quarter
of Section 2, all being in Township 32, Range 26, Sherburne County, Minnesota, lying
Easterly of the following described line:
Commencing at the Northwest corner of said Government Lot 1; thence South 89 degrees 50
minutes 11 seconds East, an assumed bearing along the North line of said Government Lot 1, a
distance of 790.20 feet to the actual point of beginning of said line to be hereinafter described;
thence South 12 degrees 44 minutes 43 seconds East, a distance of 548.02 feet; thence South 05
degrees 44 minutes 02 seconds East, a distance of 311.71 feet; thence South 26 degrees 24
minutes 40 seconds West, a distance of 108.03 feet; thence South 02 degrees 54 minutes 34
seconds East, a distance of 153.06 feet; thence South 03 degrees 06 minutes 28 seconds West, a
distance of 223.92 feet to the South line of said Government Lot 1 and there terminating.
And also:
That part of the Northwest Quarter and that part of the North Half of the Southwest Quarter all
being in Section 11, Township 32, Range 26, Sherburne County, Minnesota, which lies Easterly of
the following described line:
Beginning at the Northwest corner of said Section 11; thence South 00 degrees 07 minutes 48
seconds West, an assumed bearing along the West line of said Section 11, a distance of 631.81
feet; thence South 47 degrees29 minutes 41 seconds East, a distance of 76.73 feet; thence
South 20 degrees 38 minutes 31 seconds East, a distance of 693.02 feet; thence South 12
degrees 43 minutes 05 seconds East, a distance of 484.46 feet; thence South 06 degrees 59
minutes 44 seconds West, a distance of 240.05 feet; thence South 19 degrees 37 minutes 54
seconds West, a distance of 247.72 feet; thence South 40 degrees 01 minute 33 seconds West, a
distance of 138.05 feet; thence South 16 degrees 40 minutes 10 seconds West, a distance of
295.16 feet; thence South 01 degree 06 minutes 40 seconds East, a distance of 139.20 feet;
thence South 02 degrees 36 minutes 04 seconds West, a distance of 196.40 feet; thence South
00 degrees 27 minutes 24 seconds East, a distance of 678.85 feet; thence South 19 degrees 02
minutes 36 seconds East, a distance of 300.02 feet to the South line of said North Half of the
Southwest Quarter of Section 11 and there terminating.
\\Elkriver\sys\SH RDOC\DOCU MEN~ORDINANC\9918EXA. DOC
2 of 2
And also:
That part of the South half of Section 34, Township 33, Range 26, Sherburne County, Minnesota
which lies Northeasterly, Northerly and Northwesterly of the following described line:
Commencing at the Southeast corner of said South half of Section 34; thence North 89 degrees
29 minutes 07 seconds West, an assumed bearing along the South line of said South half of
Section 34, a distance of 2354.26 feet to the actual point of beginning of said line to be hereinafter
described; thence North 23 degrees 24 minutes 15 seconds West, a distance of 257.87 feet;
thence North 37 degrees 42 minutes 57 seconds West, a distance of 269.46 feet; thence North 46
degrees 37 minutes 09 seconds West, a distance of 168.03 feet; thence North 51 degrees 57
minutes 05 seconds West a distance of 390.70 feet; thence North 55 degrees 37 minutes 24
seconds West, a distance of 160.44 feet; thence North 74 degrees 22 minutes 29 seconds West,
a distance of 499.83 feet; thence North 84 degrees 02 minutes 05 seconds West, a distance of
240.13 feet; thence North 89 degrees 23 minutes 40 seconds West, a distance of 84.95 feet;
thence South 60 degrees 09 minutes 43 seconds West, a distance of 74.47 feet; thence North 88
degrees 31 minutes 21 seconds West a distance of 326.93 feet; thence North 84 degrees O0
minutes 17 seconds West, a distance of 126.10 feet; thence South 78 degrees 37 minutes 18
seconds West, a distance of 312.33 feet; thence South 59 degrees 34 minutes 04 seconds West,
a distance of 295.04 feet; thence South 44 degrees 13 minutes 46 seconds West, a distance of
243.72 feet; thence South 38 degrees 34 minutes 54 seconds West, a distance of 102.58 feet to
the West line of said South half of Section 34 and there terminating.
\\Elkriver~sys\SH RDOC\DOCU MENT~ORDINANC\9918EXA.DOC
2 of 2
RESOLUTION 99-5 3
A RESOLUTION OF THE, CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF OFFICIAL
SUMMARY OF ORDINANCE 99-19, AN ORDINANCE AMENDING SECTION 906 OF
THE CITY OF lgl,K RIVER CODE OF ORDINANCES ENTITLED "WILD AND
SCENIC RIVER ORDINANCE"
~REAS,
WHE~,
the City Council of the City of Elk River has adopted an ordinance
pursuant to which Section 906 of the City of Elk River Code of Ordinances,
"Wild and Scenic River Management Ordinance" has been repealed and a
new section 906 adopted in lieu thereof, entitled "Wild and Scenic River
Ordinance; and
the following is a summary of new Section 906 as adopted in Ordinance No.
99-19:
1. The ordinance sets forth a statement of purpose to protect and
preserve the scenic, recreational, natural, historical, and scientific values of
the Mississippi River.
2. The ordinance sets new general provisions and definitions which
apply to all lands designated within the Mississippi Wild and Scenic River
District boundaries within the City of Elk River.
3. The ordinance requires permits for the construction of structures or
structure additions decks, signs, the installation/alteration of sewage
treatment systems, and the grading and filling of the natural topography for
any property located within the Mississippi Wild and Scenic River District
boundaries within the City of Elk River. The ordinance provides for
permitting requirements.
4. The ordinance requires land use decisions, (i.e., ordinance
amendments/adoptions, variances, plat approvals) which directly affect the
use of land within the designated land use districts to be certified by the
commissioner. The ordinance provides for certification procedures and
requirements.
5. The ordinance designates the Mississippi River and its adjacent lands
in the city of Elk River as a Wild and Scenic District.
The ordinance sets forth standards for the following areas:
a. Lot area and width
b. Water supply and sanitary provisions
c. Placement, design and height of structures
d. Shoreland alterations
e. Vegetation alterations
f. Topographic alterations relating to grading and filling and
alterations of the beds of public waters
g. Utility Transmission Crossings
h. Placement and design of roads, driveways and parking areas
7. The ordinance sets provisions for nonconforming uses.
8. The ordinance sets forth subdivision and platting provisions.
The ordinance sets forth Planned Unit Development (PUD)
provisions.
WI~,REAS,
a copy of the entire text of this ordinance is available for inspection by any
person in the office of the City Clerk at City Hall and at the Elk River Public
Library; and
WHEREAS,
the council approves the text of the summary of Ordinance 99-19 and has
determined that it clearly informs the public of the intent and effect of the
ordinance.
NOW, THEREFORE, BE IT RESOLVED, that this official summary of Ordinance 99-19
shall be published in lieu of publication of the entire ordinance, as provided
by Minnesota Law.
Passed and adopted by the Elk River City Council this 12th day of July, 1999.
inzing, M a~'O~ '
ATTEST:
Sandra A. Peine, City Clerk
Mfidavit of Publication
ORDINANC~ 99, 18
PITY OF ELKRIVE;1l
AN.ORDINANC~AMENI)lNG'
,THECITY.OFELRIlIVE;}l. .
ZONING :MAP'TO~ZONJii
CERTAIN PROP~RTIES TO
REMOVE THEM fROM THE
WSR(WILD AND SC~NIQR.IVE;Il"
OVERLAY DIS1'R.IQ'f)\>,
CASE NO. ZC994' ' ,
The City Council of t11.6 City <>(}i:l.k
R,iver does hereby ordain .asfollows: '
Section 1. The duly a.dopted ZOl:1ip.g..
Map ofthe City of ElkR,iver is hereby
amended to" rezone the . property
described as;, .,.
EXHIlUTA
PROPOSED DESCRIPTIONS fOR
AREAS TO BE TAKEN OU'!' OF
THE WILD AND SCENIC RIVER
DISTRICT
That part of Government Lot 1,
Section 3, and the Southwest Quarter
of the Southwest Quarter of Section 2,
all being in Thwnship 32, Range 26,
S~,erqurlW County, Minnesota, lying
Easterly of th:e {otlowing described
line,: .
Gbrnmencing at the Northwest cor-
net of said Government Lot 1; thence
South 89 degrees 50 minutes 11 sec-
onds Erillt, an assumed bearing along
the North line of said Government Lot
1, a distance of 790.20 feet to the actu-
: point o{beginning of said line to be
,tereinafter described; thence South 12
degrees 44 minutes 43 seconds East, a
distance of 548.02 feet; thence South
05 degrees 44 minutes 02 seconds
East, a distance of 311.71 feet; thence
South 26 degrees 24 minutes 40 sec-
onds West, a distance of 108.03 feet;
thence South 02 degrees 54 minutes 34
seconds East, a distance of 153.06 feet;
thence South 03 degrees 06 minutes 28
seconds West, a distance of'223.92 feet
to the South line of said Government
Lot 1 and there terminating.
And also:
That part of the Northwest Quarter
and that part of the North Half' of the
Southwest Quarter all being in
Section 11, Township 32, Range 26,
Sherburne County, Minnesota, which
lies Easterly of the following described
line:
Beginning at the Northwest corner
of said Section 11; thence South 00
degrees .07 minutes 48 seconds West,
an assumed bearing along the West
line of said Section 11, a distance of
631.81 feet; thence South 47 degrees
29 minutes 41 seconds East, . a dis-
tance(){76.73Ieet; thenceSolJ,th 20.
degreeij 38 minutes 31secQndsEast, a
distance of 693.02. feet;the"f~,SQ,lf.th
12 degrees 43 minutes 05 seconds .
Eqst,q,diiltan,Ceof4B44(i feet; tlwn,ce
South O(Jdegreeil 59 min,uteil 44 sec.
onds West, a distance Q{240.0p feet; 1
thence South 19 qegreeil 37 minutes 54
seconcl!l West! a d.istance of247. 72 feet; :
thenc~ South ~O del{rf)eil 01 minute 3.3
second.s West, a d.istanceoN8.8.05feet;
thence South 16 deltrees40rninutes1 0
seconds West, a distance of295.16 feet;
theMe $outh 01 degree 06 minutes 40
secQncJ.s Eailt, a distaru:eof 139.20 feet;
th:mceS()uth 02 del{re~s36!i4tnute~.Q4i
" aqi~tglj(:e.Y'{)fi'J.'f')l};461';~~t;..
eet
line of said North Hatf of' .
thwest Quartet of Section 11
re terminating.
l,so: ' , ,
part of the SOuth half of:
. Section 34,wnship 33,.Range 26, :
Sherburnen,ty, Minneilpta, whit;;h
lies Nort ly, NortherlY and i
Northwellterly of the,' {4llowing!
, described. tine; . ' " I
.' Cotrime t the Southeast corner I
. of. liaid . half of Section 34;
"lJ,eru:e North 89 degrees 29 minutes 07 .
ecorids West, an assumed bearing :
'along th th line of said South
half' of On 34, ci. distance of
2354.26 tlJ,e a,c(lJ,al point. of i
beginni ltnlJ to pe hereinafter !
North 23 degrees 24:
15 seconds West, a dilitance of :
" 2/57.87 f'eet; thence North 37 degrees
STATEOFMINNESOTA )
)ss.
42 minutes/57 lieconds We$ti.adis- OF SHERBURNE)
ta"fe ,of 269.46 feet;. thenceN,orth4q
.:(flegrees 37minlJ,tes 09 secoT/odillYeilt, a
qnee ofJ68.03 feet; th~nc.~North
, ,.:greesp7 minuteil 0/5 Se;t;;on<ts. Weilt b' lA_ \-\
g distancl? of 390. 7q f'ee;tJ t,~nt;;eN()l'th"1... 0.. e, \ \ ~ '{' ~ \ ~
'$/5,. d.el{1'ees37 'mmutes>M s~conds . . '
West, a,distance; o060.~1 (Eie;t,lthence . sworn, on oath says that he/she is the publ' h
NQrth. 74de{{rees22m~rtutes 29ilec, . IS er or
onds Weilt, a di$taru:e of 49~.B3 feet; agent and employee ofthe publisher of the newspa-
thent;;e NQrth E1.4degrees 02 mmute$ {)5 Th Elk Ri S N
seconasWest,adistanceof24~.13feet; as e ver tar ews, and has full knowledge
thence North 89 d~grees23 mmutes 40 : which are stated bel .
.secontliJ West, a cl/.Stance of 84.95 feet; ow.
thence $olJ,th 60 degrees 09 minutes 43 :lewspaper has complied with all th . t
seconds West, a distance of 74.47 feet; e reqwremen s
thence N,orth 88 d;egrees 3!rrtinutes 21 g qualification as a qualified newspaper as provided
seconds West a distance of 326.93 feet; ,
thenceNorth84degreesOOrninutes17 )ta Statute 331A.02, 331A.07, and other applicable
seconds West, a distance of 126.10 feet; lended
thence South 78 degrees 37 minutes 18 . Ov-:~ \ I n. q ~
secondsWest,adistanceof312.33feet; inted \ O\(\~ -l '"... \
. thenc.e Soutn. 59 degrees 34 minutes 04 -
seconds West, a distance of 295.04 feet;
thence South 44 degrees 13 minutes 46 .
secQnds Welit, a distance of 243.72 feet; ,ached was cut from the columns of said newspaper
thence South 38 degrees 34 minutes 54 nted and bl' h d h \ '
seconds West, a distance of' 102.58 feet pu IS e once eac week, for suc-
to th,e West line of said SC!uth. half of ~s;itwasfirstpublishedon Wedn sd th l-i'b
SectIOn 34 and theretermmatmg. .~ (1 Q e ay, e
SectiOl. 2. The rezoning ~s being . 19~ and was thereafte
approved based on the followmg find- I bli h d ' r
ings: pu S e on every Wednesday to and including
T~N~H~I'~:z~N~NgI~ g~N~L~ ,the _ day of ,19_;
R~~~ C~~i~lA~r~~~6~'- below is a copy of the lower case alphabet from A to
TENT WITH THE HISTORIC AND sive, which is hereby acknowledged as being the .
PREEXISTING ECONOMIC USE OF. SIZe
THE PROPERTIES. ~e used 10 the composition and publication of the
3. THE REZONING IS CONSIS-
TENT WITH THE PROPOSED
EXPANSION OF THE URBAN SER-
VICE AREA.
4. THE REZONING IS COMPATI-
BLE WITH THE ADJACENT ZON-
ING DISTRICTS.
5. THE REZONING IS COMPATI-
BLE WITH THE VALUES OF THE
WILD AND SCENIC RIVER DIS-
TRICT.
Section 3, That this Ordinance
shall take effect and be in full force
from and after the date of its publica-
tion. Q G
Passed and adopted this 21st day of ' 19~.
June, 1999, by the City Council ofthe. M" -
City of Elk River. ~1 f1 .
Stephanie A. Klinzing, Mayor .' kirtU--1/lx1f(A...J
ATTEST: - -"
Sandra A. Peine(f;~) Clerk C 1,~'.J::._..~~
1 M';:~,*~; C / /II .
~ '.,,,, IVUl;tjR C ~
RATE INFORMATi MYCorn:PUBlIC_ZIIl4INSk,:j-
(1) Lowest classified rate paid by . EXPires Jq IIVIVfSorJl
n. 31 "
commercial users for comparable . II . <000
space $ dO -, . -
(2) Maximum rate allowed by law for .!:J '. ~-;
the above matter $ 1 0 3'0 1
(3) Rate actually charged for the :::::; 3 '3 G
above matter $ \ 0 . I
af~~.tuvw::
~jY\ C,yn \ Y'f\ 0-/\\ C\ ~. \'
\b..
nd sworn to before me on this I
day of