5.3.D. SR 05-14-2007
REQUEST FOR ACTION
To
Ci 'Council
Agenda Section
Worksession
Item Description
Discussion on Berm Ordinance
Meeting Date
Ma 14,2007
Item Number
5.3.D.
Prepared by
erern Barnhart, Plannin
Reviewed by
Sheila Cartne " Senior Planner
Reviewed by
Action Requested
Staff is requesting direction frorn the Council regarding the need for a Berm Ordinance
Background/Discussion
As part of the Bittner CUP discussion at the March 5, 2007 City Council rneeting, the City Council
directed staff to draft an ordinance that would address burying vehicles, rnachines etc., in berms.
Staff understands the concern, burying iterns in a berm, to the detriment of the environrnent. Staff would
like an opportunity to review current ordinances and discuss this issue with the City Council.
Attachments
. Summary of ordinances
Action
Motion by _
Second by _
Vote
Follow Up
C\Documents \ll1d Scttings\jmiller\Local Settings\Tcmporary Internet Files\OLK3E\Berm Ord.doc
Ordinances that may already address the berm issue
Section 58-35 Burying refuse; composting. Prohibits any person from burying refuse in the
city except in an approved sanitary landfill.
Section 42-51(b)(5) Extraction less than 100 cubic yards. Such extractions, however, will
be subject to a staff permit which will address erosion control, traffic, streets, safety, noise,
hours of operation, duration of activity, and environmental factors. If these factors can not
be adequately addressed the permit may be denied.
Section 42-51 (b)(6) Extractions or grading for agricultural purposes. Such extractions will
require a staff permit as provided for in this article.
Section 42-51 (c) Mineral extraction activities that exceed 100 cubic yards and which will be
completed within two years shall require a conditional use permit only. A license and zone
change will not be required.
As part of the City's NPDES permit, staff is working on developing a more restrictive
grading ordinance.