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Home My WebLink About7 - Mineral Extraction Moratorium - Ord 91-08 AGENDA ITEM: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 1f7JS{J~~/' 2({!}1 7 DAVID J. UNMACHT, CITY MANAGER CONSIDER FIRST DRAFT OF MINERAL EXTRACTION MORATORIUM - ORDINANCE 91-08 AUGUST 5, 1991 On July 15, the Prior Lake City council agreed to table Resolution 91-32 Declaring A Metropolitan Significance Review request to the Metropolitan Council on the ~roposed McKenna Gravel and Sand Mine Operation ~n Shakopee. The 30 day tabling action was granted at the request of the Metropolitan Council. Metropolitan Council staff has undertaken mediation efforts to resolve the disagreements which exist between the parties impacted by the proposed development. City staff met with Metropolitan Council staff on Monda~, July 22 and have been asked to attend a med~ation session with all parties on Wednesday, Jul~ 31. This agenda report is being prepared pr~or to that meeting and the results of the discussion will be presented to the City Council on August 5. The Council directed staff to research the Prior Lake Zoning Code which provides for a conditional use for mineral extraction operations in the A-1 and C-1 zones. The Council's research request will involve the potential for a lot of staff study and analysis. The exact scope of work cannot be determined at this time. In the interim, however, it is certainly practical and legitimate for the City Council to consider a moratorium ordinance prohibiting the issuance of conditional use permits for the ~urpose of mineral extraction operations in Pr~or Lake. City Attorney Kessel has drafted proposed Ordinance 91-08. Attached to the agenda report is a cop~ of Ordinance 91-08, an interim ordinance plac~ng a moratorium on the issuance of conditional use permits for mineral extraction in A-1 Agriculture and C-1 Conservation zoning districts. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 I Fax (612) 447-4245 ALTERNATIVES: Staff believes the ordinance will provide Council the opportunity to study the impact of mineral extraction operations on land use, development, traffic and storm water run off in the interim time frame. The Ordinance is effective for one ~ear with provisions in state law allowing the c~ty to extend the moratorium for up to an additional 18 months after the one year expiration. The alternatives are as follows: 1. Discuss Ordinance 91-08, amend and direct staff to place on the consent agenda for final approval on Monday, August 19. 2. Discuss Ordinance 91-08 and direct staff to place on the consent agenda for final approval on Monday, August 19. 3. Do not take any action on Ordinance 91-08 or table Ordinance 91-08 for further discussion for specific reasons. RECOMMENDATION: City Council has requested staff to conduct research on the potential for mineral extraction operations in Prior Lake. This research will take time and a great deal of staff effort. In the interim, staff is recommending approval of either Alternative 1 or 2 to adopt an interim moratorium on the issuance of conditional use permits for mineral extraction operations in A-1 and C-1 districts in Prior Lake. This moratorium will provide the city with the ability to objectively and effectively analyze the potential positive and negative effects of mineral extraction operations in our community. ACTION REQUIRED: Will vary, based upon Council discussion. ~:"'-l'jj: n~.r it . w: '.:;:, Fr;:u~ UJMME t ~ - hE L '3Ut~ . Mr-L.;: . TU :JJ..r:-' ~~'~: f-. t:',_ -- t' DRAFT CITY OF PRIOR LAKE ORDINANCE NO. 91-08 AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF CONDITIONAL USE PERMITS FOR MINERAL EXTRACTION IN A-I AGRICULTURAL AND C-l CONSERVATION ZONING DISTRICTS. The Council ot the City of Prior Lake dOG5 hereby ordain: Prior Lak~ City Code, Titl~ 5, Chapter 6, i~ hereby amended by adding a new Sec~1on 5-6-13 to read as follows: 5-8-13: (A) (B) INTERIM ORDNANCE MORATORIUM: Purpose: Prior Lake City Code Sections 5.3-2; 5-3-3, A-I Agricultural and C-l Conservation; 5-6-5, Conditional Uses; and 5-6-6, Variances, establish procedures for an applicant to obtain a conditional use permit for mineral extraction in A-I Agricultural and C-l Conservation Districts. The City Council, after discussion, believes that such a use in A-l Agricultural and C-l Conservation Districts may have substantial long term detrimental effects on the environment, may im~act ne9atively on the character of t.he surroundi ng rC~>ldentiaJ. and farming COlTlI......nl ty, nlai' greatly reduce land use options for development within the District and within the community, may have substantial effect on roads, traffic and storm water management and therefore the health, safety and welfare of the citizens of Prior Lake. The City Council deems it necessary to prohibit the granting of any conditional use permit for mineral extractions in A-I A9ricultural and C-l Conservation Districts until the C~ty of Prior Lake has had a sufficient time for studying this matter to determine whether or not Title 5, Chapter 6, of the Prior Lake City Code needs to be amended. This interim ordinance is therefore adopted, effective upon its date of publication, in accordance with Minnesota Statutes Section 462.355, Subd. 4, for a period of one year from its effective date. The City Council may, by resolution, extend its effect for such additional periods as it deems necessary, for a period not exceeding a total additional period of eighteen (18) months. 'l c) \.pvy,r 0',J . \M~~ )rJ\ J/ A~ ~ All Extraction Conditional Use Permits Prohibited: No conditional use permit for mineral extraction in A-I Agricultural and C-l Conservation Districts shall be granted by the Zoning Administrator, Planning Commission or the City Council of the City of Prior Lake for a period of one year from the date this ordinance is effective or for an additional ~eriod of eighteen (18) months, if extended by resolut~on by the City Council, or the date upon which the City has concluded its planning process to determine whether or not the City Zoning Code should be amended to address issues presented with regard to conditional use permit applications for mineral extraction in A-I Agricultural ana C-l Conservation Oistricts, whichever is earlier. : ;; --' 1 l~': :.'W ~",,-,~1 LOMr1EI H~EL-.SI~Jt... MF- L'':''. !I~ :;44.;'~~'-L " . I .,~ __' DR ~ fT DRAFT (C} Enforcement: In the event any individual, partnership, corporation or other legal entity shall commence mineral extraction in A-l Agricultural and/or C-l Conservation Districts after the effective date of this ordinance without a valid previouslr issued conditional use permit, it or they shall be qui ty of a rnisdem~anor and upon conviction thereof, be punished by a fine not to exceed seven hundred dollars ($700.00) or by , imprisonment for a term not to exceed ninety (90) days, or both, for each offense. Each day a violation ~s permitted to exist shall constitute a separate offense. The City Manager, Assistant City Manager, City Planner, Assistant City Planner, Building Inspector and City Engineer shall have the power to issue citations for violation of this section in lieu of arrest or continued detention. In addition, any violation of this title may be enjoined by the City Council through proper legal channels. Thi.c ordinance :;hall ~corne effective fron. and aft~r i.ts f1a~~ag~ and publication. Passed by the City Council of the City of Prior Lake this ____ day of , 1991. ATTEST: City 'Manager Mayor Published in the Prior Lake American on the ____ day of , 1991. Drafted By: Lommen, Nelson, Cole & Staqeberq, P.A. 1800 IDS Center Minneapolis, Minnesota 55402