ORD 05-027
.
.
.
ORDINANCE 05 _ 27
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
TO AT (ANTENNA OVERLAY)
CASE NO. ZC 05- 05
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone to AT the properties described as:
See Attached Exhibit A
Section 2.
The rezoning is being approved based on the following fIndings:
1. THE PROPOSED REZONING IS COMPATIBLE WITH THE
SURROUNDING LAND USES.
2. THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE
EFFECTIVE WIRELESS TELECOMMUNICATION COVERAGE FOR THE
CITY.
3. THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE
PLAN FOR THE CITY.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 19th day of December, 2005, by the City Council of the City
of Elk River.
ATTEST:
.
.
.
Exhibit A
That part of the West half of the Southwest Quarter, the West half of the Southeast Quarter
of the Southeast Quarter, and the West half of the Southeast Quarter, excluding road
easements, Section 3, Township 33, Range 26, Sherburne County, Minnesota.
s:\planning\case files\2005\zc 05-05 american tower\ordinance.doc
Affidavit of Publication
ORDINANCE 05 - 25
CITY OF ELK RIVER
AN ORDINANCE OF' THE CITY
OF ELK RIVER AMENDING
DIVISION 6. . PLANNING
COMMISSION, SECTION 2-
299 - MEETINGS AND RULES
OF PROOEDURE OF THE
CITY CODE OF ORDINANCES
TO DESIGNATE REGULAR
MEETINGS AND WORKSHOP
SESSION OF THE PLANNING
COMMISSION
Case No. OA 05-14
The City Council of the City of
Elk River does hereby ordain as
follows:
Section 1. DIVISION 6.
PLANNING COMMISSION,
Section 2-299 titled "Meetings and
rules of procedure", of the City
of Elk River Code of Ordinances
shall he amended read as follows:
Sli2/21299':' "MeetIngs. ami 'Hiles'
of procedure.
The planning' commISSIOn
shall meet regularlY' on the sec-
ond.. 'l'ue~dlf~ofeal)~{mo~th.to.1
tak~actiOg9.nits>offiqj~1 bush'
p.es~,. .... includiggPllfJ)n~f?-&,"related
itemsf/l'lle. second.'CQm:roj!!sioni
. will ,meet On th~ fop,rth1'gesday!
of each.mont4i!!design~tedas a ;
worksessioJ)'agdno a(lt~()1;l\lan be'!
taken.. Noa~tioncan qetaken atl
'a meetingde!!ignateda!!JaWork.i
session).lJ)hls!! the meeting hasi
also l:1eencalle<l.as'a,!!peciillmeet":
in![.. SPecilij.l~!-letingsmaybe held':
ai anytime upof?-the.pall ofthe..j
chair,N otice or. fl).e time. ap.<l.Jllace
ofa specialmeethJ:gshallb~ co.rri~'
municated, to the members and
pUQliclynoticedatlea~t thr!!edays
prior to the meetigg.exceptin Jhe
evegt ofage~er![encY..I\ ~ajoBtYi
" oftl1ecoIIlmis!!iog~ember!! . sl1lij.lIi!
consiitl.ltE.\' a quoru~.All'commis-i
sion mee~ings i3hall be open to the
public.E~~ePt as provided in this
I article, th?c'Ommissionshall,be
governe<l. by andoperatepl.lrsuant
to Roqert's.Rules of Qrder, N'ewly
Revised (ninth edition).
Sectiog2., '. . . ' Sec. 2-327.
Rules ()f procedure. '. ','
.The hoard. of adjl.lstments. may
adopt rules of procedure for-the
trarislfction ofits bUi3iness consis
tent with the proviSIons of division
2 of,articl~VIof chapter ,3.0 and
Minn. Stat'!!. ss . 462.351"462.364
Four'1p.embersofthe board. shall
COnstitute a quorum. " Regular
meetings oftheboard!!hall beheld
on the second TuesdaY' ,of e\lch
month or .ats~ch..other ti
, arespecifiedinit!!l'l.lle'.~.
meetin'g~!!halIQE!hel~at
of the Chair, Who. !!hall.e'the
-:.";"'i,__:,'_:,__"_:!,',\_:,)",-:,:,,,1
chair ofthepl~p1ii~![co~nn!!!!iQn.;'
,Notice of !!peciE!liIll!!ettn![s i3~~I!Qe
po;;ted at the city 'hall and trans-
mitted to members at least three
days prior to the date of the meet-
ing. . There shall be a fixed place of
meetlng and all meetings shall' be
open to the public. . A record shall ,
be kept of the board's transactions,
,findings and determinations. '
STATE OF MINNESOTA )
)ss.
COUN1Y OF SHERBURNE)
G11' 7Lt 0~~ I-kWJ1~
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper 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 -1JL.vtIVJc.'V1lA. ZJ5 -25
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, foc I mee",,;ve weeluo; it ~s fies' publ;,hed
on Wednesday, the ?{- day of ~ (IffY) bv' ,
20 Ot;', and was thereafter printed and published every
Wednesday to and including Wednesday, the
day of , 20_; 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 b c d efghij kl mno p qrstu vwxyz
BY:
TITLE:
f{Jzab~ t~
7t/V1t?-Zt I f/Y}{#lrLjt_r
Subscribed and sworn to before me on this
OCt (IYYl W , 20 O-S- .
~
day of
commercial users f,
(1)
(2)
$
(3) Rate actually charged for the
above matter
$
, Section 23,'.l'hatthis ordinance
shall take effect ~pqnpl.lbli~ation
as provided by law. .
Passed and adopted by the City
Council of the City of Elk River
this 21st day of November, 2005.
Stephanie Klinzing
Mayor
Attest: Joan Schmidt
City Glerkn.:i ~.,'
(D7)
Affidavit of Publication
STATE OF MINNESOTA )
) ss.
COUN1Y OF SHERBURNE)
f1rZuhe~
WM/}"l -j
ORDINANCE 05 .~ 27 .
CITY OF ELK RIVER
AN ORDINANCE AlvIE:N'DING
THE CITY OF.... ELK RIVER
ZONING MAP TO REZO'NE
CERTAIN PROPERTIES'TO-AT
(ANTENNAO'~RLAY)' ....CASE
,~O.zq .Oq-: 05: ...... .', ......, , ·
,.,IDb.e'~Cio/, C9~cl1 o('th$i City .. of
Elk~ve~does . hereby ,ordain. as
foI10FS:,.t: .... ". '..... ..................'
S~ction" 1.::The,:,a rilyadopted
Z?nm~ Map of the City of Elk
Riyer IS hereby amended to rezone
to AT the properties described as.
That part of the West half ~f
the Southwest QuarteT; the West
half of the South~astQuarter of"'.
t~e .. Southeast Quarter,. and the
West hf!Zf of the S()lltheast Quarter,
excludln,g road easel[lBnfs,Sectioh 3,
Townshzp ~3,Range 26, Sherburne
County, :Mlnnesota~ '
,;Section.:..2. 'The,_~~.zoning is.'being
. aJJP~?V'e~basedonthefollowing
findings::" ......... ........ ...........,.................. ..:'........ ............... :....'
~~... THE-PROPOSED"'REZONING
IS.,.,......COMPATIBLE ........W1'rH....:::TIiE
~'SIJRRQU1\TI)ING~USES.
2. THE PR'OPOSED .
REZONING.. IS . NECESSARY
IN ORDER TO PROVIDE
EFFECTIVE. WIRELESS
TELECOMMUNICATION
CO~RAGE FOR THECITY.
3. . THE REZONING IS IN
AC.CORDANCE,WITH ..THE
COMPREHENSIVE PLAN: FOR
. :ii0,~iI~~~I~.~
ii..D. r~.e... ..~~m'''''_M,~~,~__~~J: f!ie date or its "
:p~.f3.l?C!,,:,~d'....:.-,~.~qHP~:~.'......:tl1i~,:'l:~.tli:
cI?:Y'of~December,2005','by the CitY .
CounCIl of the' City of Elk River.
Stephanie A: Klinzing Mayor
ATTEST: '
JoanSchm1dt, City Clerk
- (D28)
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
kno\vledge 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 oth.er applicare laws, as amend~d...:
B) The pnnted (ffJlVlu1r,{. 0':::> ~l
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for { successive weeks; [j;as first published
on Wednesday, the ~~ day of /l/Jrv, ~~ ,
20 0:=;-, and \vas thereafter printed and published every
Wednesday to and including Wednesday, the
day of ,20_; and printed below
is a copy of the lower case alphabet from A to Z, both
inclusive, vvhich is hereby ackno\vledged as being the size
and kind of type used in the composition and publication
of the notice.
ab c defghij klmnop qrstuvwxyz
BY: ~wb~ ~
TITLE: (70111 eYTA~ I J!YI CV1. a~
Subscribed and sworn to before me on this ~/'}\..
t} (1./1/\'1 bw--
,
day of
,:&6<: _
N~ -wi ·
~,,,,.,,-~,,~~v-.\- ~~
(1)
Lowest cla~il!~~~~~;:~~~?
commercial ~~%~?~Q;piTIfbf~'~pace $ [77, 3g
.;~ ~:;:..,..:.
Maximum rate;:lal1~~~d by law for
the above matter $ 7(p.t{t:)
$ 7w- ill{
(2)
(3) Rate actually charged for the
above matter