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AFFIDAVIT OF PUBLICATION <br />STATE OF MINNESOTA ) SS <br />COUNTY OF SHERBURNE <br />iM diM ORDINANCE NQ. <br />R <br />&. N, 10 -17 <br />dTY <br />OF ELK RIVER <br />AN IIVTE$= ORDINANCE <br />Aar <br />PLACING <br />Marlys Ellingson, being duly sworn on oath says that she is the sales manager of the <br />MORATORIUM ON THE <br />ACCEPTANCE OF NEW <br />Newspaper known as the Star News, and has full knowledge of the facts which are stated <br />APPLICATIONS OR THE <br />below: <br />APPROVAL OF PENDING <br />APPLICATIONS FOR <br />(A) The Newspaper has complied with all of the requirements constituting qualifications <br />CONDITIONAL USE <br />PERMITS OR <br />as a qualified newspaper, as provided b Minnesota Statue 331A.02, 331A.07 and other <br />q p y <br />AMENDMENTS TO . <br />applicable laws, as ammended. <br />EXISTING CONDITIONAL <br />USE PERMITS FOR <br />(B) The printed legal notice, which is attached was cut from the columns of said <br />-MB05RAL FXUAArATIAN <br />newspaper and was printed and published once a week for one week; it was first published <br />ACTIVITIES <br />Findings of Fact' <br />on Saturday, the 9th day ofOctober, 2010, and was therefore printed and published on every <br />The City Council of the City of <br />Saturday to and including Saturday, the 9th day of October, 2010, and printed below is a <br />Elk River makes the following <br />Findings of Fact: <br />copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged <br />1. The City of Elk River, fol- <br />as being the size and kind of type used in the composition and publication of the notice <br />lowing the preparation of a <br />mining area land use study and <br />eral welfare by providing a spe- <br />cific zoning district. <br />the_preparation of an environ- <br />4. In order to ensure that <br />mental impact statement cov- <br />mineral excavation activities <br />ering ,the mining areA9fthe <br />abcdefghijklmnopgrstuvwxyz <br />MWk 0606W a 9kW1 <br />Aar <br />excavation overlay zoning dis- <br />trict (now codified at Section <br />30 -1835 of the Code of Ordi- <br />Sales Manager <br />nances). <br />2. One of the purposes of the <br />environmental impact state- <br />Subscribed and sworn to before me on <br />ment for the gravel mining <br />area was to ensure that min- <br />this 9th day of October, 2010 <br />ing in this area of the City was <br />conducted in a manner that <br />would for future devel- <br />HF�� <br />allow <br />opmeitt of this area of the City <br />Alp <br />for other uses.I <br />3. One of the purposes of the <br />, <br />mineral excavation overlay <br />rid <br />zoning district is to protect the <br />public health, safety and gen- <br />eral welfare by providing a spe- <br />cific zoning district. <br />Notary Public <br />4. In order to ensure that <br />---------------------------------------------------- <br />mineral excavation activities <br />are conducted in such a way <br />RATE INFORMATION <br />that protects the public health, <br />safety and general welfare, and <br />provides for future develop- <br />ment.of the mining area, min- <br />(1) Lowest classified rate paid by commercial $ 21.00 <br />eral excavation operations are <br />made a conditional use in the <br />users for comparable space (line, word or inch rate) <br />mineral excavation overlay <br />zoning district. <br />(2) Maximum rate allowed by law for the $ 15.50 <br />5. The purposes of the gravel <br />mining area environmental <br />above matter <br />(line, word or inch rate) <br />impact statement and the <br />mining and mineral excavation <br />(3) Rate actually charged for the above $ 15.00 <br />overlay district cannot be met <br />unless mineral excavation <br />matter <br />activities are subject to appro- <br />(line, word or inch rate) <br />priate regulation, including <br />2,371,617 <br />requiring conditional use per- <br />mits for mining activities and <br />the imposition of appropriate <br />conditions on the issuance of <br />conditional use permits. <br />