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HomeMy WebLinkAbout8.d. Mining Moratorium ExtensionCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: December 4, 2001 AGENDA ITEM: Mining Moratorium Extension AGENDA SECTION: Old Business PREPARED BY: Rick Pearson, City Planner AGENDA , ATTACHMENTS: Draft Ordinance APPROVED BY: /v SUMMARY The attached ordinance was prepared by the City Attorney, Charlie LeFevere. The ordinance is a temporary ordinance which is allowed by state law to be in effect no longer than 30 months. Therefore, it could expire no later than December 20, 2002. The planning process to implement the Mixed Use Industrial District will be heavily influenced by the TH52/55 CSAH 42 transportation system study, which is expected to have recommendations prepared in July, 2002. The next management team meeting is scheduled for Tuesday, December 18 from 1 -3 pm. at the Dakota County Western Service Center in Apple Valley. Staff will continue to provide updates periodically in the Weekly Info Reports. RECOMMENDED ACTION: Motion to adopt an ordinance extending the moratorium on new mineral extraction operations in the City of Rosemount. +D Z)� Z 0J 0 O Z CITY COUNCIL ACTION: It ORDINANCE NO. AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, EXTENDING THE MORATORIUM ON NEW MINERAL EXTRACTION OPERATIONS IN THE CITY OF ROSEMOUNT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. Ordinance No. XXI.7 entitled AN ORDINANCE FOR PROTECTING THE PLAN - NING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, PLACING A MORATORIUM ON NEW MINERAL EXTRACTION OPERATIONS IN THE CITY OF ROSEMOUNT, adopted by the City Council on June 20, 2000 is hereby extended to Section 2. This ordinance shall be effective on the date following its publication. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk CLL- 204956v l RS215 -4 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA ORDINANCE NO. XXI.7 AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, PLACING A MORATORIUM ON NEW MINERAL EXTRACTION OPERATIONS IN THE CITY OF ROSEMOUNT The City Council of the City of Rosemount, Minnesota, ordains as follows: Section 1 : Background. 1.01. Mineral extraction is allowed in some zones of the City east of Akron Avenue by permit pursuant to Code Section 12.4. 1.02. The City has been in the process of evaluating the impacts on the community of such mineral extraction or mining activities, and has concluded that the official controls regulating this activity are not, or may not be, adequate to protect the public health, safety and welfare. 1.03. The City has commissioned a study by contracting for professional services with the consulting firm of Dahlgren, Shardlow and Uban. The study will include an analysis of the potential future of mining operations and the impact on the community of those operations with the ultimate objective of enacting appropriate official controls for mining activities in the City. 1.04. The City has received an application for another new mineral extraction permit in the City. 1.05. Due to the pendency of an application for a mineral extraction permit which may not be consistent with future amendments to the comprehensive plan and official controls and the potential for development of other such operations, the council has determined that there is a need for an interim ordinance to be adopted pursuant to Minnesota. Statues, Section 462.355, Subd. 4, for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the city, and ensuring that the city and its citizens retain the benefits of, and the protection sought to be afforded by, the city's comprehensive plan and zoning ordinances until the study process is complete and any modifications to the city's comprehensive plan, zoning ordinance and other official controls become effective. Section 2. Properties Subject to Moratorium. 2.01. Properties subject to the provisions of Section 3.01 of this ordinance include all properties in the city. 4 ORDINANCE NO. XXI.7 Section 3. Prohibition. 3.01 During the period this interim ordinance is in effect, no properties described in paragraph 2.01 may be used for new mining operations and no mineral extraction permits for new mining locations will be considered, approved or granted by the City. Section 4. Effect on Pending Applications. 4.01 All applications subject to this moratorium which are pending or which are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statues, Section 15.99. The City Administrator shall cause notification of such denial to be given to all applicants stating the adoption of this ordinance as the reason therefor. Fees paid in connection with such applications shall be returned or refunded to the applicant. Section 5. Effective and Termination Dates. 5.01 This ordinance shall be effective on the date following its publication. 5.02 This ordinance shall be repealed without further action by the City Council on December 20, 2001, unless earlier amended, repealed or extended by ordinance duly adopted by the City Council. ADOPTED this 20th day of June, 2000. Cathy Busho�Vlayor v ATTEST: J Linda J. Jentink, ity k Published this o13 of 2000 in the "Rosemount Town Pages."