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:
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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."