94-007 ORD
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ORDINANCE 94-7
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM OF
THE APPROVAL OF CERTAIN SUBDIVISIONS WITHIN CERTAIN
AREAS OF THE CITY OF ELK RIVER
The City Council of the City of Elk River does hereby ordain as follows:
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Section 1. Purpose. The City Council has recently commenced the
process of updating the City of Elk River Comprehensive Plan. It is
anticipated that this process will take approximately one (1) year. One of the
major issJles that wi.1l be discussed during this prQC~ss is the extension of
City water and sewer services. The most likely direction for extending
utilities is to the east and southeast of the present sanitary sewer and water
area, to serve the commercial and industrial areas along east Highway 10
and the residential areas along the eastern edge of the City. Extending
utilities to the east and. southeast will require a substantial City investment
in trunk facilities and improvements to the City's waste water treatment
plant. The City's ability to finance these facilities and improvements will
depend on its ability to assess benefited properties which will be served by
the new trunk facilities and plant expansion.
The most difficult properties to assess when extending municipal
utilities are large residential lots from two to ten acres. Properties which fall
in this category are expensive to serve with utilities for a single residential
unit, and are difficult to subdivide so that the cost of the utilities can be
spread over multiple units. The City has experienced this problem in the
past and is acting to prevent this from happening again so that this type of
residential development does not prevent the extension of utilities to serve
the commercial and industrial areas along east Highway 10 and the
residential areas along the eastern edge of the City. The Metropolitan
Council also recommends that rural areas which are intended to be served
with municipal utilities be restricted to ten acre minimum lot sizes for
residential lots.
This interim moratorium ordinance is therefore adopted to protect the
integrity of the comprehensive planning process and the health, safety, and
welfare of the Citizens of Elk River by assuring that development within the
affected areas of the City does not prevent the extension of utilities into these
areas if the Comprehensive Plan is amended to provide for such extension.
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Ordinance 94- 7
Page 2
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Section 2. Moratorium declared. During the term of this ordinance
and any extensions thereof, a moratorium is hereby imposed pursuant to
which no applications for subdivisions of land into residential parcels less
than ten acres in size shall be accepted or considered, and no such
subdivision shall be approved by the City Council, for any property which
cannot be served by existing sanitary sewer and water facilities and which is
located south of County Road 33 and east of State Highways 169 and 101.
Section 3. Term. This ordinance shall be effective upon publication
as provided by law and shall terminate 365 days thereafter, unless extended
by action of the City Council.
Passed and adopted by the City Council of the City of Elk River, this
6th day of June , 19~H.
,-
Attest:
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Sandra A. Thackeray, City C
ordinance: 94-7mori
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e ., _-'~~~~~:~~;~;n
I A1 I:. ~gr.icultural. C.onservati~n
IR1all Single Family' Residential
IR1bl\ Single Family Residential
IR1cl! Single Family Residential
\R1dl\ Single' Family Residential
. IR1~1'!. Single Family Residential
I R2 I., Tw'! Family Residential
....y.IR2bi\\~6...Fa:n;iy:~~id~ntial. .....: .
"j' .
'IR31\ T~w~house/Muitiple Famil~ Reside~tial
,
IR41\ Multiple'F~milY Reside"ntial "
~1' p;~~n~~ Unit' Dev~l~p~~nt ':.'
I C1 I Ii Central Commercial
IC2J \ Ofti~e' District
IC31 'i High~ay Commercial'
[IIJ \ light Industrial:",
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OIJ Medium Industrial
~ Solid Waste Facility
IA T I Antenna Tower
IMEI IMineral Excavation
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I C:ElRl'~~QF''.J'IUil'91TY
i;'Qt:ElLI(..A~A:.'. .
!Th~ City.C(lqnc.i19f th~9i'tYQfE~
River does. hereby or~IliD.M.f(jllQVili:i.
r sectionl. PUJy~e.p.e CityCounciI
~a.s recelltly co~ericecl the Process of
j.1P~lltillg ~h~ Qi~y<::ompre-
~~nsiYll PIIlll,' Jt' .thll,t,th.ili
~roCllSli:wiUt~~Il. .J.'tlX).Dl!l.ly o.nll (I)
lilar,.Onll oUhema.' Jor.{liSUlls. .th. at will
II discusslld dqring this process is thll
llx4lnsion ofGity waOOr and silwer ser-
lvices. .'l'he rilpstlikely; direction for ex-
tendingutiliti~llis to the ellSt and south.
~l!Jltof t1w present. sllnitl!.rY. sewlilr lind
raoor area; to servll thllcommercial and
industrial areasalon,g east Hishwll,yl0
ang the residentialarells !llongtheellSt..
ern lldge of the City, ExtendirigutiIities
to the east and s()uthilPtwUl require a
substantial Cit;y investment ill. trunk
fll!;ilities\md UnpJ.'tl"eIllentsto the City's
iWll,liteVillOOr treat!l1entPl~t, The. city's
labilJtyt,o fIn~~th~liefll,cilities linll
j1impJ.'tlvements wi.ll. . .d.epe..lldonits ability
to llSsess benefitoocl properties which
I wm.be.served. b..ythe ll.. e.w. ~nk. . . facilities
and plant expansion.' ,. ....
! The most diqi.cI,dt roJ>lrrties to ~ssess
I wh~1l1il~1l.4inlJ . 'PlllJ,ltilitills are
i la.rge residenH~l . f;rpm. two t,o .oon
i acres, Properties which fall in this cat-
r egoryare eXM~iYe t,oset;Ye with utili.
i tillS for a ~ingle r~si4ential unit, and are
, difficult t,o s~bdivj9.e.liothat th.1il cost Qf
tile utilitil\',scaA ~sPl'f3a4 Qyer wultiple
units. ThliliCity hl!Jle]l;perienClild this
problem in 'thePllst ancl iliacting to
prevent this fJ.'l)m'ilappening again so
that this type of residenti!ll dllvelop-
ment does notpreventth~ ~nsion of
utilitiell to .servetheconunercial and.
indtllltrialareltaa,longe$lltHighwa.y 10
and the residentia,l11rtlall81ongtheeast-
I. em.edge QUhe City. The Metropolitan.'
Council also recommends that rural
, areas which areinoon~to be IY,lrved
i with mqnicipal utilitiellbe rest;rictlld to
I ten acremin.i~umlQt s~et\fo;rreliidliln"
i tiaIIotll,... .. ...' .i' .. ....L.. . ..<.';
i p.~ inte~tnor~t,oriulJIi~;rainanCllis
Ith~~fore adQPtecl:to pJ.'tltectthll illteg-
i . ritYQfthe comprehensive planning pro-
. cesSllndthe health,safe+y all~~~lfartl
oftlw citb:ens of Eli Rive'rbyii!.ssuriilg
thatdeveloPlllentwithintJie affected
areas oBhe City dQl\',s n"lt prevent the
ex4lnlliour(lfutilities ill.tQ.til~8~ areas if !
theQ()~P;rf311~~'Ye':p14Il~~~n~~,to !
pJ'()vide forsuche~,J;Is'Qlli'(l,.' .1.. ......
8ecJ;.ion ~.M~.\'~tQriu..m declllt,"ed.. i
During the OOnn.o'rthis Qrdinan~and
any ex4lnsions thel'eQf, lI,PlQratorium is
hereby impOse<fpursuantto which no
applicati."lns fOl'subdi~ions oflandintQ
residential parcel8Jesli than OOn acre8
in 8ize .shllll be accepted. Ol'consid.ered,
and no such 8ul:!di~io1l8h!1l1b~lI,p.
proved bytlleCity Coun~iI,for~YProp-
lirt whlii~all9P:tjleservedb'y existing
~ll . ')v~ter facilities and
'f. ". ." . H.}ilQrp~l)ty ~oad
33 and east 0 .tllteIIigpways 169 and
101. ',.
Section 3, Tel"JIl. Thi8 ordinance.~b.a.n
be eff~ivlir1ilPOll puhlicatjoila(pJ.'tl-
vided byJawlindshallOO;rlJliina~ .365
daYIl tliereafier,uilless e~ndellby ~c-
tion of the .Cit;Y(3.ouncil.' ....r....... ...... ..... .'. ..' .
PassedanclacloPte4W..thlil City C~lU~.
cil of the CityofElkRiv~l', this 6tJiday
.of June ,1994. .... . . '.
. Henry A.Duitsman, Mayor
Sandra Thac~ray, City Clerk
(Jn15)
Mfidavit of Publication
/.('''' {;',t.-;;
STATEOFMINNESOTA )
)ss.
COUNTY OF SHERBURNE)
~ (tJ1J'lLup ,
being ly sworn, on oath says that helshe IS the pubhsher or
authorized agent and employee of the p~blisher 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 other applicable
laws, as amended.. ,
(B) The printed O/l}.t~v-<:v q q -7
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for ( suc-
cessive weeks; it was first published on Wednesday, the Lc:;11
day of 4:v,~ , 19!3.!:[, and was thereafter
printed and published 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 oftype used in the composition and publication ofthe
notice.
a b c de fgh ij k 1 m n 0 p q rs tu v w xyz
BY:
TITLE:
~~
Subscribed and sworn to before m~ on this
~ (~r
~ \~ , 19 .
II 11 0 .' 11:.
L~-a -)1 (,,0cI.u..v,~
Notary lic
I~~
day of
RATE INFO
0) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law fOl"
the above matter
(3) Rate actually charged for the
above matter
$--.11 a.5D
$ ~'7,&4
~J1.loq
$