INFORMATION #3 03-01-1999
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Memorandum
TO: MAYOR AND CITY COUNCIL
FROM:
DATE:
STEPHEN ROHLF
MARCH 1, 1999 -SR
SUBJECT: LEGISLATIVE COMMITTEE ON
MINERAL EXCAVATION
On March 3, 1999, the City of Elk River has been asked to testify in front the State of
Minnesota's "Aggregate Resource Task Force". The task force is considering the affects
that gravel mining has on the environment, surrounding properties, transportation, and the
economy of the state and will possibly recommend legislative rule changes on how the
industry is regulated.
The recommendation to have the City of Elk River testify regarding local government's
regulation of the gravel industry, comes from the miners themselves. Although staff feels
the city is environmentally tough on this industry, apparently the miners feel Elk River is
consistent and reasonable.
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The city worked with nine different gravel companies in the preparation of a joint
voluntary Environmental Impact Statement (ElS) that the miners paid for. The ElS
process was completed in May of 1994, after a two year effort.
The benefit the city received from this joint effort was a comprehensive review of the
environmental, sociological, and economic effects of mining within the city. The benefit
to the miners was sharing the cost of the environmental review versus paying for it
individually. The real benefit to staff was preparing one ElS instead of several.
In addition, the city convinced all of the gravel companies within the city limits to
voluntarily submit to the city's conditional use permit process so Elk River had the right
to regulate them and add stipulations on how they conduct their operations. To get the
miners to cooperate with this additional regulation, a "Mineral Excavation Overlay
Zoning District" (ME) was added to the city's ordinances. All of the properties included
in the ElS were rezoned to ME. Each individual gravel mine still needs to get a
conditional use permit and yearly license, but the ME overlay zone gives some protection
to the miner's rights to mine their properties. The ME overlay zone also puts future
purchasers of surrounding properties on notice of the intent to mine the properties
included.
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As far as staff is aware, Elk River's comprehensive approach to the regulation of gravel
mining is unique in the state. The Council can be proud of Elk River being used as an
example for the rest of the Minnesota.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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ORDINANCE 99-~
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY TO AT (ANTENNA OVERLAY)
CASE NO. ZC 99-1
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is
hereby amended to rezone the property described as:
See Attached Exhibit A
Section 2. The rezoning is being approved based on the following
findings:
1.
The rezoning is compatible with the surrounding land uses and
would not adversely affect the property under consideration for
rezonmg.
2.
The proposed rezoning is necessary in order to provide effective
wireless telecommunication and dispatch coverage for Morrell
Companies.
3. The rezoning is in accordance with the Comprehensive Plan for
the city.
Section 3. That this Ordinance shall take effect and be in full force
from and after the date of its publication.
Passed and adopted this .l.sJ:day of March, 1999 by the City Council
of the City of Elk River.
Stephanie Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
document2
EXHIBIT A
. Lot 1, Block 1, Larry Morrell Addition
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