ORD 10-05Ordinance No. 10- 05
CITY of ELK RIVER
An Ordinance of the City of Ells River zoning certain property into the Solid
Waste Facilities Overlay Zoning District and the Mineral Excavation overlay
Zoning District.
The City Council of the City of Elk River makes the following Findings of Fact:
1. The City of Elk River Solid waste Facilities ordinance (SWF ordinance)
was initially adapted in 1986.
Z. The Elk River Landfill (Landfill) was subsequently zoned into the Solid
Waste Facilities overlay Zoning District and a conditional use permit (CUP) for the
Landfill was initially approved in 1988.
3. Since 1988, the CUP for the Landfill has been renewed and amended 10
times.
4. The legal descriptions of the area to be zoned into the SwF overlay
District and the area to be covered by the CUP for the Landfill were provided by the
Landfill. The legal descriptions covered several parcels and almost two pages of text.
The City has always assumed that the descriptions provided by the Landfill covered the
entire Landfill property.
5. In connection with the recent litigation regarding the Landfill's application
to expand onto the Tiller property, the Landfill is taking the position that their entire
property is not within the SwF overlay District. If this were true, the Landfill has
deposited solid waste outside the SwF overlay District, which is illegal under the City's
Zoning and SwF ordinances.
6. In order to eliminate the possibility of a gap in the SwF zoning of the
Landfill property, to implement the intent that the entire Landfill property be zoned SWF
Overlay District, and to bring the Landfill into compliance with the City zoning and
SWF ordinances, the City has determined to zone the entire Landfill property into the
SwF overlay District and the ME overlay District
ORDINANCE
THEREFORE, the City Council of the City of Elk River does hereby ordain as
follows:
Section 1. That the property described as follows shall be zoned into the Solid waste
Facilities Overlay Zoning District and the Mineral Excavation Overlay zoning District:
That part of the NW 1/4 of Section 3, Township 33, Range 26 lying west of U.S.
Highway 169; and
That part of the SW 1/4 of Section 3, Township 33, Range 26 lying west of U.S.
Highway 169 and north of a line 525 feet south of and parallel to the north line of
said SW 1/4; and
That part of the NE 1/4 of Section 4, Township 33, Range 26 lying east of the
Great Northern Railway; and
That part of the SE 1/4 of Section 4, Township 33, Range 26 lying east of the Great
Northern Railway and north of a line 525 feet south of and parallel to the north
line of said SE 1/4, Sherburne County, Minnesota.
Section 2. That this Ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River on April 19,
41110
GP:2764608 A
CITY of ELK RIVED
B x V
Stepp nie Klinzing. ry
Its $ Mayor
By: �-
Tina Allard
Its: City Clerk
2
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA SS
COUNTY OF SHERBURNE )
Ordinan
No. 10-05
CITY OF
PLK RIVER
An Ordinan
a of the City of
Elk River zo
'ng certain prop- Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
erty into t
e Solid Waste Newspaper known as the Star News, and has full knowledge of the facts which are stated
Facilities Ov
rlay Zoning Dis-
below:
trict and the
ineral Excava-
tion Overlay 2
ining District.
FINDIN
OF FACT (A)The Newspaper has complied with allofthe req uirementsconstituting qualifications
The City Co
cil of the City of as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07 and other
Elk River ma
Findings of FE
es the following pp m
ct: applicable laws, as amended.
1. The City
Waste Facil
f Elk River Solid
ties Ordinance (B) The printed Ordinance 10 -05, which is attached was cut from the columns of said
(SWF 6rdin
ace) was initially newspaper and was printed and published once a week for one week; it was first published
adopted in Elk
2. The Elk
on Saturday, 24th day of April, 2010 p p y
River Landfill Y� y p � , ,and was therefore printed and published on ever
(Landfill) w
to subsequently Saturday to and including Saturday, the 24th day of April, 2010, and printed below is a copy
zoned into I
Facilities
he Solid Waste of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as
r Zoning Dis-
trict a
and a
nd being the size and kind of e used in the composition and publication of the notice
onditional use g type p p
permit (CUP
for the Landfill
was initially
pproved in 1988.
3; Since 198
, the CUP for the
Landfill has
een renewed and
amended 10tmes.
abcdefghijklmnopgrstuvwxyz
4. The legal
escriptions of the
. -area to be zo
7erlay District
j he covered
t�* Landfill
ed into the SWF
and the area
by the CUP for
were provided by �" Q
the Landfill.
The legal descrip-
fjons covere
I several parcels
ag1 almost two
pages of text.
0e City hai
always assumed
th4t the dee
tty the Landfill
riptions provided Office Manager
covered the g
entire Landfi
1 property.
' 5. In corm
ction with the Subscribed and sworn to before me on
recent litigal
Landfill's ap
ion regarding the this 24th day of April, 2010
lication to expand Y
onto the Til
er property; the
Lgndfill is t
king the position SHELLY RAE WESTOVER
g
that their en
within the
ire property is not
NOTARY PUBLIC
WF Overlay Dis-
'.''� MINNESOTA
trict. If th
s were true, the My Commission
Landfill ha
Expires Jan. 31, 2015
deposited solid
waste outsi
lay District
under the
a the SWF Over-
which is illegal
ity's Zoning and (,� Txw \
SWF Ordinaj
ices.
6. In order
to eliminate the Notary Public
possibility o
a gap in the SWF
zoning of th
Landfill property,
to impleme
t the intent that
the entire L
Lndfill property be RATE INFORMATION
zoned SWF
Overlay District,
and to brinj
the Landfill into 21.00
Zon-
compliance
ith the City (1) Lowest classified rate paid by
ing and SW
City has de
Ordinances, the commercial users for comparable space
ermined to zone (line, word or inch rate)
the entire
andfill property
into the SW
Overlay District (2) Maximum rate allowed by law for the $ 15.50
and the ME
O
erlay District
INANCE above matter
THER£FO
, the City Coun- (line, word or inch rate)
cil of the Ci
hereby ord '
of Elk River does (3) Rate actually charged for the above
as follows: $ 15.00
matter
(line, word or inch rate)
2,160,231
Section 1. That the property
iescribed as follows shall be
.oned into the Solid Waste
Facilities Overlay Zoning Dis-
trict and the Mineral Excava.
tion Overlay Zoning District:
That part of the NW 1/4 of Sec -
tion 3, Township 33, Range 26
lying west of U.S. Highway 169;
and
That part of the SW 114 of Sec-
tion 3, Township 33, Range 26:
lying west of U.S. Highway 169
and north of a line 525 feet:
south of and parallel to the
north line of said SW 114; and
That part of the NE 114 of Sec-
tion 4, Township 33, Range 26
lying east of the Great North -
ern Railway; and
That part of the SE 114 of Sec-
tion 4, Township 33, Range 26
lying east of the Great North-
ern Railway and north of a line,
525 feet south of and parallel to
the north line of said SE 114,
Sherburne County, Minnesota.
Section 2. That this Ordi-
nance shall take effect upon
publication as provided by law. '
Passed and adopted by the
City Council of the City of Elk
River on April 19, 2010.
CITY OF ELK RIVER
By: Stephanie Klinzing,
By: Tina Allard, Mayor
°ty Clerk
(Ap24)