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G 11 ORDINANCE NO. 10-23 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30.1385 AND CHAPTER 42, RTICLE II OF THE ELK RIVER CITY CODE OF ORDINANCES RELATING TO THE MINERAL EXCA- VATION OVERLAY ZON- ING DISTRICT AND THE REGULATION OF MINERAL EXCAVATION ACTIVITIES The City Council of the City of Elk River does hereby ordain as follows: Sectionl. That Section 30-1835'(d) of the Elk River City Code of Ordinances shall be amended, and new Sections 30 -1835 (e), (f) and (g) shall be added, to read as follows: (d) Zone Change Procedures and Requirements. Establish- ment of Mineral Excavati6n Overlay ZoWn an'il -sliecific parcel of land shall be by amendment to the City Zoning map as provided by this article and pursuant to the proce- dures and requirements set forth in Section 30 -575 of this Code. Applications for a zone change to the Mineral Excava- tion District shall only be approved upon a finding that: (i) the requirements set forth in Section 30 -575 of this Ordi- nance have been met; (ii) the / �oposed zone change is consis- t with the City's Compre- .sive Plan; (iii) the proposed mineral extraction activities will fully comply with the applicable standards and-. requirements set forth in Chap- ter 42, Article II, Division 2 of this Code; and the pro- posed activities will not be dangerous or otherwise detri- mental to persons residing or working in the vicinity therod, or to the public ewW, aahty or welfore, and grill net impe fr the nee, a 99yovist or wlne of t» lertf or tYeM: (b) Coaditionol Use Permit Procedures and Requirements. Applications for Conditional Use Permits to allow mineral excavation activities shall be approved pursuant to the pro- cedures and requirements set forth in Chapter 30, Article VI, Division 2, Subdivision III of this Code, and only upon a finding that: (i) the standards for issuance of a Conditional Use Permit set forth in Section 30 -654 of this Code have been met; 00 the procedures set forth in Chapter 42, Article II, Division 2 of this Code haii'e been fully complied with; ( #i)4 tg standards and require- is set forth in Chapter 42, cle II, Division 3 of this Code have been fully complied' with; and (iv) the proposed mineral excavation activities will not be dangerous or other- AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS COUNTY OF SHERBURNE ) Marlys Ellingson, being duly sworn on oath says that she is the sales manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaper has complied with all ofthe requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 18th day of December, 2010, and was therefore printed and published on every Saturday to and including Saturday, the 18th day of December, 2010, 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 abcdefghijklmnopgrstuvwxyz Sales Manager Subscribed and sworn to before me on this 18th day of December, 2010 IN 111111 1� �f19� "�'c Mi�rpUgNR 0 Fkpirs� �T n J' isfs� Notary Public RATE INFORMATION (1) Lowest classified rate paid by $ 21.00 commercial users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2,452,495 $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate)