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95-26- I -- CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA NO.95-26 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF CERTAIN DEVELOPMENT REQUESTS WITHIN THAT AREA OF THE CITY OF OTSEGO GRAPHICALLY ILLUSTRATED ON EXHIBIT A. THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS: Section 1. Definitions. The following terms whenever used in this ordinance shall be interpreted to mean: Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement.of any structure; any mining excavation, landfill or land disturbance, and any use or extension of the use of land. Governmental Projects: A development undertaken by any department, commission, independent agency or instrumentality of the United States, State of Minnesota, Wright County, City of Otsego, authority, district, or other governmental unit. Section 2. Intent. It is the intent of this Interim Ordinance to allow the City of Otsego to complete a previously authorized study of the area in order to explore the possibility of this area being used as the site of a proposed joint waste water treatment facility, and to insure that during the period of time over which the study is conducted that no development occurs within the study area which may ultimately be incompatible with either the proposed use of the area or surrounding uses, or that would result in development which would not be in accord with sound planning principles. Section 3. Authority and Purpose. The City Council is empowered by Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance applicable to all or a portion of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens. Section 4. Temporary Prohibition. For one year after the effective date of this ordinance ,or until such earlier time as the Otsego City Council determines by resolution that the reasons for the moratorium no longer exist, no new development applications or lot splits shall be approved or accepted for lands lying within that area graphically described on Exhibit A, attached hereto and herein incorporated by reference. Exceptions to this ordinance shall include the following: _„ �1 — 1. Property for which properly completed applications for development approval were filed on or before October 23, 1995. 2. Building permits associated with projects approved on or before October 23, 1995, 1995. 3. Building permits associated with governmental projects. 4. Building permits for garages or accessory buildings as allowed by current City ordinance, or minor improvements to the property. section S. Misdemeanor. Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. 609.02, Subd. 3,. or as subsequently amended,plus costs of prosecution. section 6. injunctive Relief. In the event of a violation of this ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations. Section 7. separability. It is hereby declared to be the intention that the several provisions of this ordinance are separable in accordance with the following: If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section e. Effective Date. This ordinance shall take effect from and after its passage and publication and shall remain in effect until one year after the effective date, unless a shorter period of time is approved by proper resolution of the Otsego City Council. ASSED by the City Council of the City of Otsego this _21 clay of 1995. IN FAVOR: Norman F Freske, Mayor, Larry Fournier, Vern Heidner and OPPOSED: No One Council Members Ronald Black, Suzanne Ackerman CITY OF OTSEGO Nor ilrF. Freske, Mayor lame Beatty, City- Cle Posted: Otsego City Hall 10/26/95 Published: Star NEws of Elk River on 11/1/95 4!4r-- d&,Y. AA.u"o e-4 /2-!'o fiv�l 612 595 9837 P.02/02 OCT-04-1995 1607 NAC 0 Z II m ~ ■osr�r a eri �a cc�,. ---- -�'''- ----- err 0 Klemm awnswd C. 1 ------ _ z o Maio" W W N1 U. i � -1c ( �p r0 Baa AM" Z 30aemo � s�nuro I 1 � 1 ♦rorn0 1 ""Will I M:an�r� EXHIBIT A TOTAL P.02 Affidavit of Publication CITY OF OTSEGO COUNTY OF WR.IGHT STATE OF MINNESOTA ORDINANCE N0.95-26 f INTERIM ORDINANCE TEMPORARILY PROHIBITING AP - OVAL OF CERTAIN DEVELOPMENT REQUESTS WITBIN THAT :EA OF 1� CITY OF OTSEGO GRAPHICALLY ILLUSTRATED ON SIT A. - I. [E CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS: ection 1. Definitions. The following terms -whenever used in this ordinance all be interpreted to mean: ievelopment: The division of a parcel of land into two or more parcels; the con- uction, reconstruction, conversion, structural alteration, relocation or largement of any structure; any mining excavation, landfill or land distur rice; and any use or extension of the use of land. �overamental Projects: A development undertaken by any department, coin - scion, independent agency or instrumentality of the United States, State of nneeota, Wright County, City of Otsego, authority, district, or other govern- mW unit. section 2. Intent. It is the intent of the Interim Ordinance to allow the City Otsego to complete a previously authorized study of the area in order to plore the possibility of this area being used as the site of a proposed joint aste water treatment facility, and to insure that during the period of time over inch the study is conducted that no development occurs within the study area hick may ultimately be incompatible with either the proposed use of the area surrounding uses, or that would result in development which would not be in ;cord with sound planning principles. Section 3. Authority and Purpose. The City Council is empowered by - sinn. Stat. 462.355, Subd. 4 to pass an interim ordinance applicable to all or a., �rtion of its jurisdiction for the purpose pf p-xo_te theylanning process and_ ie health, safety and welfare of its citizens. Section 4. Temporary Prohibition. For one year after the effective date of us ordinance, or until such earlier time as the Otsego City Council determines y resolution that the reasons for the moratorium no longer exist, no new devel- pment applications or lot splits shall be approved or accepted for lands lying ithin that area graphically described on Exhibit A, attached hereto and here- i incorporated by reference. Exceptions to this ordinance shall include the fol- 1v.. Property for which properly completed applications for development pproval were filed on or before October 23, 1995. 2. Building permits associated with projects approved on or before October 23, .995. 3. Building permits associated with governmental projects. 4. Building permits for garages or accessory buildinks as allowed by current ;ity ordinance, or minor improvements to the property. Section 5.1Vlisdemeanor. Any person, persons, firm or, corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon con- 7iction thereof, shall be punished pursuant to Minn. Stat. 609.02, Subd. 3, or as subsequently amended, plus costs of prosecution. Section 6. Injunctive Relief. In the event of a violation of this ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations. Section 7. Separability. It is hereby declared to be the intention that the sev- eral provisions of this ordinance are separable in accordance with the following: If any court of competent jurisdiction shall adjudge any provision of this ordi-, nance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section 8. Effective Date. This ordinance shall take effect from and after its passage and publication and shall remain in effect until one year after the effec tive date, unless a shorter period of time is approved by proper resolution of the Otsego City Council. PASSED by the City Council of the City of Otsego this 23rd day of October, 1995. IN FAVOR: Norman F. Freske, Mayor, Council Members Ronald Black, Larry Fournier, Vern Heidner and Suzanne Ackerman. OPPOSED: No one CITY OF OTSEGO Norman r: r'resi<e, Mayor Elaine Beatty, City Clerk I 1 t 1 i - I t' c, E 45TH I 1 1 i 1 1 , i I 1 1 ' _ -- �� MOXATOAIUN EOt1N0AAY �wrc mrir ' o U,i eUJlt ii.HOATH ti�-. , STATE OF MINNESOTA ) )ss. COUNTY OF SBERBURNE) being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed (��Q �11fit-�-Q� which is attached was cut from the columns of said newspaper, and was printed and published once each week, for suc- cessive�7 ks; it was firstpublished on We esday, the f day of I , 19 �-� , and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 19 ; 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. abcdefghij klmnop grstuvwxyz Subscribed and sworn to before me on this � " day of Ar-� ,19s Notary RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable 4L1a rP (2) Ma3dmum rate allowed by law for the above matter (3) Rate actually charged for the above matter � FAANKFOAT TOWNSHIP 8