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AFFIDAVIT OF PUBLICATION <br />STATE OF MINNESOTA )as <br />COUNTY OF SHERBURNE <br />Jessica Crabb being duly sworn on an oath, <br />states or affirms that he/she is the Publisher's <br />Designated Agent of the newspaper(s) known <br />as: <br />Star News <br />with the known office of issue being located <br />in the county of <br />SHERBURNE <br />with additional circulation in the counties of: <br />WRIGHT <br />and has full knowledge of the facts stated <br />below: <br />(A) The newspaper has complied with all of <br />the requirements constituting qualifica- <br />tion as a qualified newspaper as provided <br />by Minn. Stat. §331A.02. <br />(B) This Public Notice was printed and pub- <br />lished in said newspaper(s) once each <br />week, for 1 successive week(s); the fust <br />insertion being on 07/21/2018 and the last <br />insertion being on 07/21/2018. <br />MORTGAGE FORECLOSURE NOTICES <br />Pursuant to Minnesota Stat. §580.033 <br />relating to the publication of mortgage <br />foreclosure notices: The newspaper complies <br />with the conditions described in §580.033, <br />subd. 1, clause (1) or (2). If the newspaper's <br />known office of issue is located in a county <br />adjoining the county where the mortgaged <br />premises or some part of the mortgaged <br />premises described in the notice are located, <br />a substantial portion of the newspaper's <br />circulation is in the latter county. <br />By: <br />Designated Agent <br />Subscribed and sworn to or affirmed before <br />me on 07/21/2018 by Jessica Crabb. <br />Notary Public <br />vwwvv., <br />a..= <br />DARLENE MARIE WPHERSON <br />Notary Public -Minnesota <br />N1y Commission Expires Jan 31, 2019 ` <br />Rate Information: <br />(1) Lowest classified rate paid by commercial users <br />for comparable space: <br />$23.00 per column inch <br />Ad ID 837076 <br />CITY OF ELK RIVER <br />ORDINANCE 18 - 12 <br />AN ORDINANCE <br />AMENDING CHAPTER, <br />30-1852, PERFORMANCE <br />STANDARDS, OF THE <br />CITY OF ELK RIVER, <br />MINNESOTA, CITY CODE <br />The City Council of the City of <br />Elk River does hereby ordain as <br />follows: <br />SECTION 1. That § 30-1852, <br />Performance Standards of the City <br />of Elk River Code of Ordinances <br />shall be amended to read as fol- <br />lows: <br />Sec. 30-1852. - Performance <br />standards. <br />(a) Wetland buffer strip. A mini- <br />mum 25 -foot buffer strip from the <br />delineated boundary of a wetland <br />or ordinary highwater level of a <br />stomwater pond is hereby estab- <br />lished. Wetland buffer strips shall <br />meet the following standards: <br />i. No principle or accessory <br />structures, patios, paving, or other <br />impervious surfaces shall be per- <br />mitted within the wetland buffer <br />strip. <br />ii. Alterations are prohibited <br />within the wetland and wetland buf- <br />fer strip, unless a vegetation man- <br />agement plan or other approval is <br />granted by the city. <br />iii. The applicant shall establish <br />and maintain wetland and wetland <br />buffer strip vegetation in accor- <br />dance with the requirements found <br />in section 30-1853. <br />iv. The applicant shall maintain <br />the required wetland buffer strip <br />monuments at each lot line where <br />it crosses a wetland buffer strip <br />and at 200 -foot intervals along the <br />edge of the wetland buffer strip. <br />Each monument shall state "Wet- <br />land Buffer: Under the City Code, <br />no mowing, clearing or removal <br />of vegetation in the buffer area is <br />allowed. Call the City of Elk River <br />for more infornation." The city re- <br />serves the right to eliminate this re- <br />quirement if it deems it impractical. <br />v. The city, at its sole discretion, <br />following the city's master park trail <br />plan, may allow nature trails com- <br />prised of natural materials, to be <br />located within the wetland buffer <br />strip. <br />vi. Leisure activities such as hik- <br />ing; nature studies, canoeing, boat- <br />ing and horseback riding, including <br />facilities such as nature trails and <br />docks which allow for such activ- <br />ities are permitted in the wetland <br />buffer strip. <br />vii. Fnal plats for all subdivisions <br />shall provide an easement over all <br />wetlands and wetland buffer strips <br />for the purposes of identification <br />and protection. <br />viii. Properties platted prior to <br />June 19, 2006, shall be exempt <br />from the vegetation management <br />requirements described in subsec- <br />tions ii—iv above. <br />(b) Wetland buffer strip setback. <br />A minimum 20 -foot setback from <br />wetland buffer strips is hereby es- <br />tablished by the city. <br />I. No principle or accessory <br />structures, patios, paving, or other <br />impervious surface shall be located <br />within this setback. <br />ii. Nature trails, at the city's ap- <br />proval, may be located within the <br />wetland buffer strip setback. <br />iii. On property that was platted <br />prior to June 19, 2006, uncovered <br />decks and permeable pavement <br />can be located within this setback. <br />(c) Exceptions. Properties plat- <br />ted prior to adoption of the wetland <br />buffer strip and wetland buffer strip <br />setback performance standards <br />set forth in this section may not be <br />configured to accommodate the <br />required performance standards. <br />For this reason, exceptions to the <br />performance standards for proper- <br />ties platted prior to June 19, 2006, <br />may be approved by the Planning <br />Manager pursuant to the Site Plan <br />Review Process. Applicants for Site <br />Plan Review shall pay the fee spw- <br />ified in the city's fee schedule. Site <br />Plan approvals and required con- <br />ditions shall be made by the Plan- <br />ning Manager on a case by case <br />basis, with the goal of maintaining <br />consistency with the performance <br />standards to the maximum extent <br />reasonably possible. Appeals from <br />staff determinations and conditions <br />may be made pursuant to the ap- <br />peal procedures set forth in Section <br />30-034. <br />(d)Fences. Fences may en- <br />croach irao the wetland buffer strip <br />setback, but at no time shall they <br />be allowed within the wetland buf- <br />fer strip or in delineated wetlands. <br />Properties platted prior to June 19, <br />2006, shall be exempt from this re- <br />quirement. <br />SECTION 2. That this ordinance <br />shall take effect upon adoption and <br />be published as provided by law. <br />Passed and adopted by the City <br />Council of the City of Elk River this <br />16th day of July, 2018. <br />John J. Dietz, Mayor <br />ATTEST: <br />Tina Allard, City Clerk <br />Published in the <br />Star News <br />July 21, 2018 <br />837076 <br />