City Council Ordinance 762ORDINANCE NO. 762
AN ORDINANCE AMENDING THE MONTICELLO CITY CODE ADDING PROVISIONS FOR CITY
OPERATION OF SOILS EXTRACTION
BY INTERIM USE PERMIT IN THE B-3, HIGHWAY BUSINESS
AND B-4, REGIONAL BUSINESS ZONING DISTRICTS
THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS:
SECTION 1. Table 5-1, Uses by District is hereby amended to add Extraction of Materials
as an Interim Use Permit to the B-3, Highway Business and B-4, Regional Business Districts.
SECTION 2. Section 5.2 (F)(5) is hereby amended to read as follows:
(5) Extraction of Materials
(a) All applicable regulations in Title 8, ChapteF 2 2.4 (M) and 4.10 of City Ced-e
this ordinance regarding exeav bees shall be met.
(b) Plans shall be provided to illustrate how the land will be left in a useable
condition upon cessation of extraction activities, shall prove that the finished
grade will not adversely affect the surrounding land or future development of
the site on which the mining is being conducted, and the route of trucks moving
to and from the site.
(c) The interim use permit authorizing the extraction of materials shall regulate:
(i) The type(s) of material being mined on the site;
(ii) A program for rodent control;
(iii) A plan for fire control and general maintenance of the site;
(iv) Controls for vehicular ingress and egress, and for control of material
disbursed from wind or hauling of material to or from the site;
(v) A calendar of specific dates when mining operations will be
conducted, including specific beginning and ending dates; and
(vi) The submission of a surety by the applicant in an amount determined
by the Community Development Department to be equal to 100% of the
value of the cost of restoring land whereupon mining is to occur and
repairing the degradation of roadways used to transport soils.
(d) On-site sales may be allowed as part of the interim use permit subject to all
conditions established by the City Council to ensure the health, safety, and
welfare of those visiting the site and of surrounding property owners.
(e) For extraction of materials under this section within the B-3 and B-4 zoning
districts, no such permit shall be issued except where:
(i) The City has an interest in the subject property ownership;
(ii) The Citv is conductina the extraction under a contract with the fee title
owner or representative; or
NO The City approves such a permit for another government agency
and/or its contractor for a public proiect.
(f) In the 8-3 and 8-4 Districts, and at the City's sole discretion, the IUP under this
section may include screening, concrete mixing, asphalt plant operation, or other
activities utilizing the raw materials being extracted from the site, provided the
City finds that no adverse impact on adjoining property use will occur, including,
but not limited to, noise, odors, dust, or other particulate matter.
(g) For the purposes of this section, mining or excavation shall mean solely the
removal of minerals, including sand, stone, clay, gravel, or soil in quantities of
more than 100 cubic yards, and hauling of said materials from the site. For
quantities of less than 100 cubic yards, or for projects that extract and relocate
the materials on the same project site regardless of quantity, administrative
grading permits may be issued without need for an IUP.
SECTION 3.
The City Clerk is hereby directed to make the changes required by this Ordinance as part
of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the
tables and chapters accordingly as necessary to provide the intended effect of this
Ordinance. The City Clerk is further directed to make necessary corrections to any
internal citations that result from said renumbering process, provided that such changes
retain the purpose and intent of the Zoning Ordinance as has been adopted.
SECTION 4.
This ordinance shall have full force and effect upon its passage and publication.
Passed by the City Council of the City of Monticello Wright County, Minnesota, this 23,d day of
August, 2021
ATTEST:
dJImo/
[*—
Mnniferhreibe , City Clerk
Voting in Favor: Davidson, Gabler, Hilgart, Hudgins, and Murdoff
Voting Against: None