08-17-1992 CC MIN - Laserfiche WebLink

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. . . City Council Minutes August 17, 1992 Page 8 COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 92-26, AN ORDINANCE AMENDING SECTION 900.22, SIGN REGULATIONS, "DEFINITIONS." COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Ordinance Amendment City of Elk River Section 720 and 900.31 Mineral Excavation/Public Hearing Janelle Szklarski stated that a request has been made from several property owners in the Royal Oaks Ridge Subdivision to excavate a marshy area behind their homes. The excavation would consist of 30,000 cubic yards of fill to be excavated from this area to create an open water wetland. Janelle Szklarski stated that because of the large amount of fill to be excavated, staff interprets this as a mineral excavation activity which would be subject to the requirements of Section 720 of the City Code involving a zone change, conditional use, permit and mineral excavation license. She explained that the applicant appealed staff's decision to the City Council. She also explained that staff has been directed by the Council to draft an ordinance amendment regarding excavation activities which do not completely meet the intent of the mineral excavation ordinance. She stated that staff is proposing to have this draft ordinance in front of the Planning Commission in August. Janelle Szklarski reviewed the memo to the Mayor and City Council which outlined the Building and Zoning Department's proposed changes to the ordinance. Vice Mayor Holmgren opened the public hearing. Mr. Shoemaker indicated that the residents are planning on building a pond and they disagree with the process which they would have to follow because of the cost to the residents. He indicated that the pond would benefit the City as the drainage from the entire area will drain into the pond. Councilmember Kropuenske indicated that he did not agree with charging the people who wish to excavate the area behind their homes mining fees. The Council discussed some of the issues pertaining to the proposed ordinances. One issue that was particularly discussed was the duration of the mineral excavation project. Ms. Szklarski stated that staff was proposing that if the extraction project exceeded 180 days, it should be subject to all requirements of Section 720 and treated as a mining operation. It was indicated that a mining permit would control the amount of disruption to neighboring residents. Councilmember Kropuenske felt that this could also be controlled through a conditional use permit and that the time limit should be extended to two years before it was considered mining. There being no further comments, Vice Mayor Holmgren closed the public hearing. It was the consensus of the City Council that the Royal Oaks Ridge Subdivision residents could make application for a conditional use permit for their mining activities.