99-023 ORDORDINANCE NO. 99 - 23
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ELK RIVER
CODE OF ORDINANCES ENTITLED "THE COUNCIL" BY ADDING
SECTION 215 ESTABLISHING A HERITAGE PRESERVATION
COMMISSION
Section 1. Chapter 2 of the City Elk River Code of Ordinances Entitled, "The
Council" be amended by adding Section 215.00 - Heritage Preservation
Commission, which shall read as follows:
SECTION 215 - HERITAGE PRESERVATION COMMISSION
215.00 - ESTABLISHI~ENT OF HERITAGE PRESERVATION COMMISSION
A Heritage Preservation Commission for the City of Elk River is
hereby established. This Heritage Preservation Commission is
established pursuant to the authority given by Minnesota Statutes,
Section 471.193.
215.02 - PURPOSE OF COMMISSION
The Heritage Preservation Commission is established to review and
make recommendations to the City Council on issues pertaining to
the historical, archaeological, engineering, and cultural heritage
of the City of Elk River. The Commission shall participate in the
preservation and acquisition of Elk River's heritage and
historical sites.
215.04 - MEMBERSHIP AND TERMS
The Heritage Preservation Commission shall consist of seven (7)
members appointed by the City Council as follows: two members
whose terms expire the last day of February 2000; two members
whose terms expire the last day of February 2001; and three
members whose terms expire the last day of February 2002.
Thereafter, each member shall be appointed at the first regular
Council meeting in March for terms of three (3) years. The last
day for the term of office of each member shall be the last day of
February, however, all members may continue service until either
re-appointed or replaced by the City Council. A vacancy shall be
filled by the City Council for the remainder of the term. The
members of the Heritage Preservation Commission, by a majority
vote, shall elect one of the appointed Commissioners at the first
meeting of the year to serve as Chair and one to serve as Vice
Chair. Commission members must be persons with demonstrated
interest or expertise in historic preservation and must reside
within the City of Elk River. The Heritage Preservation
Commission shall include, if available, a member of the Sherburne
County Historical Society.
215.06 - POWERS AND DUTIES
The Heritage Preservation Commission shall prepare, hold hearings,
and recommend to the City Council such plans, programs, and
policies as it deems necessary to carry out the purposes of this
ordinance. Said powers shall include, but are not limited to, the
study and recommendation to the City Council on the following:
1. Work for the continuing education of the citizens of Elk
River with respect to the historic and architectural heritage of
the City. It shall keep current and public a register of
designated heritage preservation sites and areas.
2. Conduct a continuing survey of all areas, places, buildings,
structures, or similar objects in the City of Elk River which the
Commission, on the basis of information available or presented to
it, has reason to believe are, or will be, eligible for
designation as heritage preservation sites.
3. Solicit gifts and contributions to be made to the City and to
assist in the preparation of applications for grant funds to be
made to the City for the purpose of heritage preservation.
4. Recommend accepting the services on a permanent or part-time
basis of technical experts and other such persons as may be
required to perform its duties.
5. Make recommendation that an area, building, district or
object be designated a Heritage Preservation Site.
6. Review and make recommendations relative to requests for Heritage
Preservation Site Alteration Permits.
7. Recommend making application to the National Register or the
Minnesota Historical Society for the designation of a historic
site or district.
8. Make recommendations on the acquisition of sites eligible for
designation as a heritage preservation site by gift, negotiation,
or eminent domain as provided for in Chapter 117 of Minnesota
Statute.
215.08 - MEETINGS AND PROCEDURE
The Commission shall meet at least four times each calendar year,
at such time and place as the Commission shall determine. Notice
of the Commission meetings shall be communicated to the members,
posted at City Hall, and published in the City's official
newspaper at least three days prior to the meeting. Except as
provided herein, all Commission meetings shall be governed and
operated pursuant to Robert's Rules of Order and open to the
public.
Section 2. This ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 19
day of July ,1999.
~'e A. Klinzing~tVIafor
ATTEST:
Sandra A. Peine, City Clerk
\ \ elkriver \ sys \ shrdoc \ document \ ordinanc \ 215.doc
RESOLUTION 99- 55
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF
OFFICIAL SUMMARY OF ORDINANCE 99-23, AN ORDINANCE
AMENDING CHAPTER 2 OF THE CITY OF ELK RIVER CODE OF
ORDINANCES ENTITLED THE COUNCIL BY ADDING SECTION 215
ESTABLISHING A HERITAGE PRESERVATION COM1V[ISSION
WHEREAS,
the City Council of the City of Elk River has adopted an
ordinance pursuant to which Section 215 "Establishing a
Heritage Preservation Commission" has been added; and,
WHEREAS, the following is a summary of Section 215 as adopted in
Ordinance 99- 23 .; and,
WHEREAS,
the ordinance establishes a Heritage Preservation Commission
for the City of Elk River pursuant to the authority given by
Minnesota Statutes Section 471.193; and,
WHEREAS,
the ordinance sets forth a statement of purpose for the
Heritage Preservation Commission, which is to review and
make recommendations to the City Council on issues
pertaining to the historical, archeological, engineering, and
cultural heritage of the City of Elk River; and,
WHEREAS,
the ordinance sets forth membership and term conditions
stating that the Heritage Preservation Commission shall
consist of seven members appointed by the City Council for
three year terms to include holding hearings and
recommending to the City Council plans, programs, and
policies as it deems necessary to carry out the purposes of this
ordinance; and,
WHEREAS, the ordinance designates the powers and duties of the
Commission; and,
WHEREAS, the ordinance sets forth provisions for meeting times and
meeting procedures; and,
WHEREAS,
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 City Council approves the text of the summary of
Ordinance 99- 23 and has deter~-~dned 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- 2:] 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 19tn day of July, 1999.
Stept~nie A. Klin~
ATTEST:
Sandra A. Peine, City Clerk
Mfidavit of Publication
ING'
FELK
ANCES E
OUNCn.. B.
_ _ . SECT! .
'ESTABLISmNGABERITAGE' .
. . PRESERVATION COMMISSION
,WHEREAS, the -City,cOW;lCil ~the
City of Elk River has adopted an ordi:
nance pursuant to which : on 2;1.5
"Estaglishing a Heritage . rvatIon
Commission" has been added; and,
WHJi:REAS, the following is a sum--
lIlilry ;Of Section 215 as adopted in
Ordinance 99-23; and,'; .[ '.
WHEREAS, the ordlnancec.establisn.' ,
es ;;8. Herita:ge'> 'Preservation.
Commission fi 'ty 0 er'
pursuant. to ori by
Minnesota S tio 9.3; .
and,'.',
AS, the '0 .'c
a mentof purp'ose or, e
Hen age PreserVation. Commission,
whichds to revfew aDd' make recom-
mendations to the City Council {In
issues', pertaining' to the historical,
arche61ogical, engineering, and cultur-
al hetitage of the City of Elk River;
and, f..;". ......,',",", '''':',>
entire text
ordinance is' ilable for
by any person in the office
of the City, Clerk at City Hall and at
'the Elk River Public Library; and,
WHEREAS, the City" Council
approves the text of the summary of
Ordinance 99-23 and has deterIriined
~hat it clearly infortns theptiblic of the
mtent and effect of the ordinance.
NOW'; THEREFORE, BE IT
RESOLVED that this official summa.
ry of Ordinance 99-23 shall be pub-
lished in lieu of publication of the
e - '. ordinance as provided by
, sota Law.
and adopted by the Elk River
uncil tills ,19th day <i( July,
" step'
STATE OF MINNESOTA
)ss.
COUNTY OF SHERBURNE)
'G\\~Qbt~
fu~\(~~
being duly sworn, on oath says that helshe is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and oth~r applicable
laws, as amended...o \' 0 a ,; ~
(B) The printed \\. 9-bJ) U. \1 <T" -l \ - u 0
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for \ suc-
cessiveweeks; itwasfirstpublished on Wednesday, the Q.9--t~
day of -:) U \ ~ ' , 19~, and was thereafter
printed and publi hed on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
~:fl~~',~
Subscribed 'l"d sworn to befor~~r this 8- 5-\\'" day of
-ZSU~~ ,19.
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RATE INFORMAT MYCornrn.~~~/C-Ml'MINSI(II
-WIres 'NNESOr,
(1) Lowest classified rate paid by .Jan. 31, <~
commercial users for comparable 1'1' 0 II (O ) ·
space $~
(2) Maximum rate allowed by law for 3
the above matter $ ~ 7. ;;L_~
(3) Rate actually charged for the "67. ~ 3
above matter $