City of Red wing Ord. 20

Ordinance No. 20, Fourth Series

AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE ESTABLISHMENT OF A NEW SILICA/FRAC SAND MINING OPERATION (RESOURCE EXTRACTION LAND USE), AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT

THE CITY COUNCIL OF THE CITY OF RED WING DOES ORDAIN:

Section 1PURPOSE AND INTENT

The City Council finds that an interim ordinance placing a moratorium on the location and establishment of new silica/frac sand mining operation (resource extraction land use) within the City of Red Wing is necessary to protect the health, safety, morals, and general welfare of the citizens of the community; and

The City Council finds that an interim ordinance placing a moratorium on the location and establishment of new silica/frac sand mining operation (resource extraction land use) within the City of Red Wing is necessary in order to permit the planning process to take place and to allow the Red Wing Advisory Planning Commission and the City Council to proceed in an orderly fashion to adopt permanent Zoning Ordinance provisions regulating this land use.

Section 2AUTHORITY

This Ordinance is adopted pursuant to that authority granted in Minn. Stat. § 462.355, entitled “Interim Ordinance.”

Section 3DEFINITIONS

The City Council hereby directs City staff to study and prepare Zoning Ordinance provisions regulating the location and establishment of new silica/frac sand mining operation (resource extraction land use) within the City of Red Wing. City staff is further directed to report the results of their studies and recommendations along with the recommendations of the Red Wing Advisory Planning Commission as soon as the Commission has completed its studies and recommendations.

Section 4VIOLATION

The City may enforce any provision of this Ordinance by mandamus injunction or other appropriate civil remedy in any court of competent jurisdiction.

Section 5SEVERABILITY

Every section, provision, or part of this Ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this ordinance shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof.

Section 6TIME PERIOD AND EFFECTIVE DATE

This Ordinance shall be in effect for a period of one year from the effective date of this ordinance. This ordinance shall be in full force and effect 14 days after its adoption and publication in accordance with the City Charter.

Introduced the 26th day of September 2011.

Adopted this 10th day of October 2011.

s Ralph Rauterkus____________

Ralph Rauterkus, Council President

ATTEST:

s Kathy Seymour Johnson___

Kathy Seymour Johnson, MCMC

City Clerk

(seal)

Presented to the Mayor at 9:44 p.m. on this 10th day of October, 2011. Approved this _________ day of _____________________, 20___.

Dennis Egan, Mayor

Oct. 15

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