87-003 ORD
F..
.
.
.
CITY OF ELK RIVER
CITY COUNCIL
ORDINANCE NO. 87-3
AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO
ZONE CERTAIN PROPERTY INTO THE SWF-SOLID WASTE FACILITY
OVERLAY DISTRICT. (UNITED POWER ASSOCIATION WASTE BURNING
FACILITY. )
WHEREAS, United Power Association (UPA) 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 in Exhibit A of this Ordinance; 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;
2.
All of the facts, reasons, and opinions provided
to the City Council during numerous public
hearings and informational meetings on the
applications of UPA and Northern States Power
Company (NSP) 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 UPA and NSP in
support of their applications for Conditional Use
Permits, Solid Waste Licenses, and rezonings, and
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
..'"
.
.
.
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 UPA
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 property described in Exhibit A
to this Ordinance into the SWF-Solid Waste Facility
Overlay District.
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.
(~Jzle& //:L~~~j
Estelle Gunkel, Mayor
~;/?? ~~~
Patrick Klaers, City Administrator
PKB:BM4S
) EXHIBIT A
'. Ii' .
.\ ..4- .. - . . . . .- . .... .. ... . .._ .. .... .... .. .._ . _ .
'. 'Leg,l Desc~iption of. the. Property' to be Rezoned as SWP Solid Waste
Pacility, OVerlay District., . ,. .
That part of Government Lots 3 and 4 of Section 3, Township 32, Range
26 West, lying southwesterly of the Great Northern.Railway Company's
.p~9bt-of-WaY"WhiCh lies northeasterly of a line run parallel with and
;tant.300 feet northeasterly of the first following described line;.
'southeasterly of the second following described line and northwesterly
of the third following described line:
'. .
1. Beginning at a point on the North line of said. Section 3, distant. .
2309.5 feet West of the Northeast corner thereof, thence running
southeasterly at an angle.of 81000' ~ith said North section line for ___
distance of 1327.6 feet,.thence deflect to the left on a 3000' curve,
delta angle 39004', for a distance of. 1100 feet and there terminating;
.. ..
..
2. .From.a point on the. North line of said Section. 3, distant 2057
feet West of the Northeast. corner thereof, run southeasterly at an
angle of.S5~18~.with the said North section line for a distance of
190.74 feet,.thence.deflect.to the right.at an.angle of 900 and run.
southwesterly.to the northeasterly. right-of-way. line of U.S. Highway
10 as now established,.which.is the point of beginning of the line to
be described,.thence back northeasterly. along. line just described to a
point of intersection.with the southwesterly. right-of-way line of the
Great Northern Railway Company, the same being now located and
established, and' there terminating1
3.. .From.a. point on the.North line. of said Section 3, distant 2057
feet West of the Northeast Corner thereof, run southeasterly at an
angle of.5S018'.with said North section line for a distance of 1511
:.t, . thence. deflect to. the left at. an angle of 76015' and run ..
n theasterly to the southwesterly right-Of-way line of.the Great.
Northern Railway.Company,.as same.is now located and established over
and across said tract to.the point of beginning of the line to be .
described; thence run southwesterly.on the. last above described course
for a distance of 597 feet and there terminating, and
All that part. of the following. described tract: That part of
Government Lots.3.and.4 of. Section 3, Township 32 North,.Range 26.
West1 lying northeasterly of the railway, which. lies westerly ot.. a
line run parallel with and distant.200 feet westerly of the.following
described line,.from.a.point on the North line.of said Section 3,
distant 403 feet West of the Northeast corner thereof run .
northwesterly at an angle of 72019' with said North section line for
600 feet to.the point of. beginning of.the line to be described, thence
run. southeasterly along the last. above. described course for 696.48
feet;.thence.deflect to.the.right on .a.ten chord spiral. curve of
decreasing. radius (sgiral.angle.06~00!) for 400.feet, thence deflect
to.the.right on a.03 OO'.circular curve. (delta angle 23000').for 770
feet; thence. deflect to.the right on a ten chord spiral. curve of
increasing radius. (spiral angle 06000').for 400 feet; thence on.
tangent.to said.curve for 400 feet and there terminating; excepting
. therefrom the following described. tract: Beginning at.a.point on the
North line.of.said Section 3, distant.119S.97 feet.West of the..
N.~heast corner. of said Section. 31 thence. at. right angles South 0
d~_~ees.07 minutes 30 seconds. East. 240 feet; thence.South 77.degrees
35 minutes West 409.47 feet; thence North 34 degrees 52 minutes West
398.2 feet,.more.or.less,.to its intersection with the North line of
said Section:31 thence. North 89 degrees.S2 minutes 30 seconds East
along the. North line of said.Section 3 a distance of 627 feet to the
point of beginning.
Affidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
~/J
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 331A.02, 331A.07, and other
applicable laws, aSg;)e~
(B) The printed , 2'7 - 3
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for /
succes~ weeks~ _was firs~ published on Tuesday, the
.3 day of ~~ , 19~, and was
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.
a bcdefgh ;ll mnopqrs iu v;1Y z
BY, . A~ ~-e-~
TITLE: ~~
Subscribed and sworn to before me on this /0
day of ~~ ,19~
~J~P 7;/~.
Notary Public /'
RATE
"",.;:i"",iO
~...~BlIC-MiN!\IEFC ..
.1SM!ASURNE COllNYV
MY COMM. EXP. MAR. 2,
(1) Lowest classified rate
commercial users for comparable
space
$ Z~-sLI
(2) Maximum rate allowed by law for the
above matter
$ ~3/, '-I~/
(3) Rate actually charged for the above
matter
$ <-39, LJ l