94-013 ORD
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ORDINANCE 94 --11.
CITY OF ELK RIVER
AN ORDINANCE AMENDMENT EXEMPTING
LOT 4, BLOCK 4, OAK MEADOWS FROM
THE INTERIM ORDINANCE ESTABLISHING A SUBDIVISION
MORATORIUM ON CERTAIN PROPERTIES WITHIN
THE EASTERN AREA OF THE CITY
CASE NO. OA 94-03
WHEREAS, the Planning Commission of the City of Elk River has held a public
hearing on the proposed ordinance amendment and has recommended to the
City Council that the property be exempted from the subdivision moratorium,
and,
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WHEREAS, the City Council of the City of Elk River has initiated a proceeding
for an ordinance amendment exempting Lot 4, Block 4, Oak Meadows from the
interim ordinance establishing a subdividion moratorium on certain properties
within the eastern area of the City, and,
WHEREAS, the City Council of the City of Elk River also held a public hearing
on this proposal and has taken testimony from all persons desiring to be heard
on the matter, and,
WHEREAS, the City Council of the City of Elk River has considered all of the
materials, testimony, and other evidence presented by City staff and the public
with respect to the proposed ordinance amendment.
NOW, THEREFORE, the City Council of the City of Elk River, based on all the
materials, testimony, and other evidence on record, before it makes the following
findings of fact and adopts the following ordinance.
A. Findings of Fact
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1. Oak Meadows is already developed into approximately two and
one-half (2 1/2) acre parcels and allowing Lot 4, Block 4, Oak
Meadows to be further subdivided would not significantly impact
the extension and cost of City services in this area.
Ordinance Amendment
Page 2
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2.
A pattern of development has been established in the area with the
planning of Oak Meadows. The proposed subdivision of Lot 4,
Block 4, Oaks Meadows, would be consistent with that pattern and
the City would still have review authority over the administrative
subdivision to consider the effects on the potential future extension
of utilities.
3. This ordinance amendment will not compromise the integrity and
intent of the moratorium.
B. Adoption of Ordinance
The City Council of the City of Elk River, based upon the findings of fact set
forth above, all of the materials, testimony, and other evidence on record
before it does hereby ordain as follows:
1. Lot 4, Block 4, Oak Meadows Addition, hereto shall be exempt
from the interim ordinance establishing a subdivision moratorium
on certain properties within the eastern area of the City.
2.
This ordinance shall take affect upon publication as provided by
law.
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Passed and adopted this ---i!i. day of ~
of the City of Elk River.
, 1994, by the City Council
11/
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Xk~ {;[
,lie /A. Duitsman, Mayor
ATTEST:
~C~~y
Sandra A. Thackeray, City Clerk
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Affidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
being du sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher ofthe newspa-
per known as The Elk River Star News, and has full knowledge
of the Jacts 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 0./1. ~
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for / "B.-
cessivewe ks;itwasfirstpublishedonWednesday,the rQ "-
day of , 19!1!:L, and was thereafter
printed an 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 of type used in the composition and publication of the
notice.
a bed e f g h i j k 1m n 0 p q r s t u v w x y z
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RATEINF
(1) Lowest classified rate paid by
commercial users for comparable q '1.5'0
space $
(2) Maximum rate allowed by law for /)C)/ts
the above matter $
(3) Rate actually charged for the '1Sl1S'
above matter $