87-002 ORD
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CITY OF ELK RIVER
CITY COUNCIL
ORDINANCE NO.: 87-2
AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO
ZONE CERTAIN PROPERTY INTO THE SWF-SOLID WASTE FACILITY
OVERLAY DISTRICT. (NORTHERN STATES POWER SOLID WASTE
PROCESSING FACILITY)
WHEREAS, Northern States Power (NSP) has applied to the
City of Elk River (the City) under the provisions of
Sections 900.12, 900.16, and 900.44 of the Elk River City Code
of Ordinances (the City Code) for rezoning of the property
legally described below; and
WHEREAS, the application has been referred to the Planning
Commission which has given its advise and recommendation to the
City Council; and
WHEREAS, the City Council has considered:
1. The devise and recommendation of the Planning
Commission;
All of the facts, reasons, and opinions provided
to the City Council during numerous public
hearings and informational meetings on the
applications of NSP and United Power Association
(UPA) for Conditional Use Permits and Solid Waste
Facility Licenses to permit the establishment and
operation of a Waste Burning Facility and a Waste
Processing Facility in the City, the minutes of
which are on file with the City Clerk;
3. All of the material submitted by NSP and UPA in
support of their applications for Conditional Use
Permits, Solid Waste Licenses, and rezonings, and
2.
WHEREAS, the City Council in reviewing the proposed
rezoning has given consideration to existing conditions within
the area directly and indirectly effected by the rezoning, the
conservation of property values, the use to which the property
effected is currently being devoted, and relevant provisions in
the City's land use plan; and
WHEREAS, the City Council has further considered the effect
of proposed rezoning upon the health, safety, and welfare of
the citizens of the City of Elk River, the County of Sherburne,
the State of Minnesota, existing and anticipated traffic
conditions, ground and surface waters, air quality, and its
effect on property values of surrounding lands; and
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WHEREAS, the City Council has determined that rezoning of
the property as requested is consistent with the purpose,
intent, and standards of the City Code; provided that NSP
consents to the terms of and executes a Solid Waste Facilities
License as required by Section 604 of the City Code.
NOW, THEREFORE, the City Council of the City of Elk River
does hereby ordain as follows:
I.
The duly adopted Zoning Map of the City of Elk River is
hereby amended to zone the following property into the SWF-
Solid Waste Facility Overlay District:
The Southwest one-quarter of the Southeast one-quarter
(SW1/4 of the SE1/4) of Section 11, Township 32, Range
26, according to Government Land Survey, except the
South 468 feet of the West 495 feet thereof, subject
to highway easement of record.
II.
This Ordinance shall take effect and be in full force and
effect from and after the date of its publication according
to law.
Passed and adopted by the City Council of the City of Elk
River this 9th day of February, 1987.
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Estelle Gunkel, Mayor
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Patrick Klaers, City Administrator
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STATE OF MINNESOTA )
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COUNTY OF SHERBURNE )
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Affidavit of Publication
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being duly sworn, on oath says 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 &)ended. ~.
(B) The printed ~ 87-;;L
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for /
succe~e weeks;. it was first published on Tuesday, the
3' day of ~.J.u ,I9n,andwas
thereafter printed and published 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.
BY:
TITLE:
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Subscribed and sworn to before me on this
day of ~-I-<! ~
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Notary Public
1~ MARL YCE MARCliJAFto "'''~
, . SHERBURNE COUNW~' t
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(1) Lowest classified rate paid by
commercial users for comparable
space
$ 9!J .' [5 to
(2) Maximum rate allowed by law for the
above matter
$ 1-1.-3, ,;2 ()
(3) Rate actually charged for the above
matter
$
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