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Ordinance No. 10.02 CITY OF =X RNER An Ordinance of the City of Elk River amending Chapters AO. and 58 of the Elk River, nesota,:City Code to Reaf- .n that Required Buffer .fleas and Buffer Zones for Solid Waste Facilities Must be Located Within the Solid Waste Facilities Overlay Zoning Dis- trict. 1. 1 FINDINGS OF FACT 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 adopted in 1986. 2. Since adoption of the SWF Ordinancein'1986, Solid Waste Facilities, including sanitary landfills, have been required to be located within the .City's Solid Waste Facilities Overlay Zoning D,i0xiet, _. _.. ,., 3. The Elk River Tandfill (Landfill) was rezoned to the Solid Waste Facilities Overlay Zoning District in 1986, and a conditional use permit (CUP) for the Landfill was initially approved in 1988. 4. Since 1988, the CUP for the Landfill has been renewed and amended 10 times. 5. Paragraph 3 of the CUP requires that a Buffer Zone be established within the perim- _&ter of the Landfill Property ,und the waste disposal .as of not less than 200 feet, except on the North side. Within this Buffer Zone, no waste disposal may occur. 6. Minnesota Rules, Part 7035.2815, subp. 5(c), also pro- vides that any new fill area at a land disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the MPCA. 7. Beginning with approval of the original CUP for the Land- fill, through all of the. renewals and amendments, it has been understood that the 200 -foot Buffer Zone provided for in the CUP has, been required to be located on Landfill property, as required by Minnesota Rules, and within the Solid Waste Facilities Overlay Zoning Dis- trict. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS COUNTY OF SHERBURNE ) Heidi Quanrud, being duly sworn on oath says that she is the office manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaperhas complied with all ofthe requirementsconstituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed Ordinance No. 10 -02, 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 27th day of March, 2010, and was therefore printed and published on every Saturday to and including Saturday, the 27th day of March, 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 �f l�"� �' 1`Z,i' ✓�� Office Manager _ F - -i Subscribed and sworn to before me on SHELLY RAE WESTOVER x NOTARY PUBLIC this 27th day of March, 2010: MINNESOTA "' "" MY Commission Expires Jan. 31, 2015 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 2,123,866 $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate)