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88-013 ORD . . . The follows: ORDINANCE 88-13 ESTABLISHING THE NEED FOR AND DIRECTING THE IMPOSITION OF A MORATORIUM ON THE SUBDIVISION AND IMPROVEMENT OF CERTAIN UNSEWERED LANDS WITHIN THE CITY City Council of the City of Elk River ordains as 1. Purpose and Policy. The City has established the Growth Management Plan Task Force for the purpose of identifying an updated comprehensive Growth Management Plan for the City of Elk River. The City of Elk River is presently studying growth management and residential development in the portions of the City not presently served by municipal central sanitary sewer and water for the purpose of adopting a managed growth policy. As part of this study process the City Council and the Growth Management Plan Task Force are obtaining professional assistance from land use planners and other consultants to identify goals and objectives to facilitate the future pattern of development in unsewered areas of the City. In order to protect the planning process by preventing development inconsistent with City policy until the Growth Management Policy is finalized and the appropriate official controls are adopted to execute the policies, it is necessary to temporarily restrict development in the unsewered areas of the City. 2. Moratorium Declared. ordinance and any extensions imposed, preventing: During the term of this thereof, a moratorium is hereby 1. The construction of new buildings on lands not in an approved subdivision and not currently serviced by sanitary sewer within the Future Sewer District. 2. The subdivision or platting of lands not currently serviced by sanitary service within the Future Sewer District. 3. The construction of new buildings on lands not in an approved subdivision and subdivision of property in the Rural Area of the City involving or resulting in lots or parcels of land smaller than 10 acres. 3. Future Sewer District. The area of the City of Elk River not presently serviced by central sewer and water utilities which is intended to be served by central sewer and water as future development progresses is the Future Sewer District are as shown on the attached Exhibit A, incorporated herein by this reference. . . . 4. Rural Area. The area of the City of Elk River in the extreme periphery of the City which are not served or intended to be served by city utilities and which are inconvenient to traditional urban services is the Rural Area. The Rural Area is as shown on the attached Exhibit A incorporated herein by this reference. 5. Duration. This moratorium ordinance shall be effective immediately and continue in full force and effect for a period of 6 months when it shall expire, unless the City Council of the City of Elk River shall have directed its extension. This moratorium ordinance may be extended from time to time as necessary but shall not exceed the period of time allowed by Minnesota law. 6. Completion of Official Controls. Notwithstanding the foregoing, this moratorium shall exist only until the City shall have completed its growth management policy study and the City Council shall have subsequently enacted appropriate official controls for the implementation of the growth management policy. 7. Sewered Areas. Notwithstanding anything to the contrary, this moratorium shall not apply in any area of the City presently served by Municipal Sanitary Sewer and Water nor shall it prevent the development of property not presently served by Municipal Sanitary Sewer and Water if as a part of the development process, the property to be developed receives municipal sanitary sewer and water service prior to the construction of any building in the development. 8. Completed Applications Excepted. This ordinance shall not apply to applications for building permits or subdivisions completed and submitted to the City in compliance with the Elk River City Code as of the date of adoption of this ordinance. 9. Severability. It is the intention of the City Council that should any portion of this ordinance or the application of the whole or any portion of this ordinance to any specific property be declared to be unconstitutional or in violation of law, the remaining portions of this ordinance and application of all or a portion of the ordinance to other properties, shall remain in full force and effect. Passed and adopted by the City Council of the City of Elk River this 25th day of April 1988. C;/ztb C~ /d'C4JJ Estelle E. Gunkel, Mayor Attest: XVi? IP~ Patrick D. Klaers, City Administrator Affidavit of Publication STATE OF MINNESOTA ) )ss. COUNTYOFSHERBURNE) being duly sworn, on oath sa that he/she is the publisher or authorized agent and employee of the publisher of the news- paper known as The Elk River Star News, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as pro- vided by Minnesota Statute 33IA.02, 33IA.07, and other applicable laws, as ffiended. () 0 _ (-::< (B) The printed Mf1.fJY//1JYl fI 12 n f} ...) which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I successive weeks; it was first published on ;J;'~sday, the ~? day;;r(YJ~ ,I9n(1,andwas thereafter printed ~d pu lished on every Tuesday to and including Tuesday, the day of 19_; and printed below is a copy of the lower case alpha- bet 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 ij k I m n 0 p q r s t u v w x y z BY'~~ TITLE: . Subscribed and sworn to before me on this day of ,19_. ~H~~ ~ ....;;:;;.n.::~...\ (,";INOY M. SC~ilMINSKI ~ (". 'H "'.' MINNESO"l'A . 1'. \ .' '\, ANOK~, ;R~' ~INfi(l)tRM~Junll 10, l!l\)<j '. ~#~.~~#~#~####..##~..#,~ (1) Lowest classified rate paid by commercial users for comparable 1 " Not~ space $120119 (2) Maximum rate allowed by law for the above matter $ (oCJ/3D (3) Rate actually charged for the above matter $ eoCj'c3() to th . .... t . 8. omp eted APRl~c~tjOM ;f'<J:c~p . ~d/Thi9 ardi . qo~ apply to applicatiotls . . subdivisions to the C\\y i . River Oity .