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
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612 595 9837 P.02/02
OCT-04-1995
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EXHIBIT A
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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
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STATE OF MINNESOTA )
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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
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FAANKFOAT TOWNSHIP
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