Red Advisory Planning Commission Members Red Wing Sustainability Commission Members. Brian C. Peterson AICP, Planning Director;

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1 City of RE TO: Red Advisory Planning Commission Members Red Wing Sustainability Commission Members FROM: Brian C. Peterson AICP, Planning Director; Meeting Date: September 17, 2013 Anenda Item Joint Meeting Between the Red Wing Advisory Planning Commission and the Red Wing Sustainability Commission to Discuss a Request by Save the Bluffs Asking the City of Red Wing City Council to Adopt a Resolution of Support for Goodhue County to Establish a One Mile Setback from the Mississippi River for Industrial Mining Activities Action Requested Separate Motions by the Advisory Planning Commission and the Sustainability Commission: Motion to recommend that the Red Wing City Council Adopt a Resolution of Support as per Option 2, attached Attachments Proposed Support Resolution received from the Save the Bluffs organization Option 1, Revised Resolution that incorporates the City of Red Wing' s past actions related to the Silica Sand Mining Issue and supports the I mile setback prohibition Option #2, Further amends Option 1 prohibition overlay zone Goodhue County Map Backeround by also supporting an extended The Save the Bluffs organization recently made a request to the Red Wing City Council asking that the City adopt a resolution that supports the idea of Goodhue County establishing a one mile prohibition of silica sand mining operations from the high water mark of the Mississippi River. The City Council has asked the Advisory Planning Commission and the Sustainability Commission to meet to discuss the request and make a recommendation to the City Council. Attached is the draft resolution that was provided to the City by Save the Bluffs. It is a generic resolution drafted for municipalities and townships to weigh in their support for the idea of a setback. ih

2 Option # 1, is a revised resolution for your consideration. It acknowledges that the City of Red Wing has already taken action by amending its zoning regulations to include an overlay zone that prohibits mining operations in the bluff overlay zones. It also refers to one of the recommendation from the Silica Sand Mining report that the council adopted in 2012 that recommended the city to collaborate with Goodhue County and surrounding townships to establish regulations regarding these operations. Option #1 would simply support the Save the Bluffs initiative. Option #2, further revises the resolution by adding onto option #1 and supporting a larger prohibition area because bluffs within the view shed of Highway 61 would not be protected in areas located in Welch Township and Florence Township by a 1 mile setback from the Mississippi River. This resolution suggests that the prohibition area should be everything between I mile west of Highway 61 and the Mississippi River. Staff Recommendation Staff recommends that the commissions adopt separate motions to recommend Option #2. E

3 Proposed Support Resolution from Save the Bluffs) WHEREAS: increasingly, mining companies are establishing operations to mine for silica and quartz sand also known as frac -sand) due to the usefulness in hydraulic fracturing of natural gas and oil; and WHEREAS: frac -sand is an industrial sand ( code ), not construction sand ( code ) according to the North American Industrial Classification System ( NAICS) and Minnesota Statute , which defines silica sand and quartz as Industrial Minerals not construction sand and gravel; and WHEREAS: Jordan sandstone, which is abundant and close to the surface near the Mississippi River, has a high quartz content that makes it ideal for fracturing; and WHEREAS: Wisconsin' s frac -sand operations, which have grown to hundreds of acres in size with trucks coming and going every 2-5 minutes from sunup to sundown, have been shown by recent economic cost /benefit analysis to have questionable economic benefit in the long run while making the region a less attractive place to live, work and visit (Power, 2013); and WHEREAS: the towns of Stockholm and Pepin Wisconsin across the river from Goodhue County have impressive local amenities that contribute to higher property values, healthy population, real estate value growth, and more tourism activity relative to the remainder of the county ( Parker & Phaneuf, 2013); and WHEREAS: Red Wing, Lake City and The Great River Road ( HWY 61)that connects the two cities and follows the Mississippi River have many similarities to their Wisconsin counterparts, including a healthy tourism industry and a heavily traveled river road; and WHEREAS: Pepin County has created an Overlay District of approximately 1 mile from the Mississippi to protect its tourism economy (Mavity, 2013); and WHEREAS: frac -sand operations and transport can significantly impair property values & tourism ( Parker Phaneuf, 2013); and WHEREAS: crystalline silica dust is classified as a carcinogen by several agencies, including OSHA, and elevated levels of ambient crystalline silica dust have been linked to silicosis in both humans and animals Bridge ( 2009); and WHEREAS: unsafe levels of crystalline silica dust (frac -sand dust) were found 1 mile upwind and 1%: miles downwind of the EOG processing plant in Chippewa Falls ( Falk, 2012); and WHEREAS: local governments need to protect the health, welfare and safety of citizens against the dangers of exposure to silica frac -sand ; and WHEREAS: due to the potential harms to citizens, tourists and the economy posed by frac -sand mining, deems it appropriate to adopt a position with respect to frac -sand mining; NOW, THEREFORE, BE IT RESOLVED: supports establishing a setback for industrial sand mining of at least one ( 1) mile from the Ordinary High Water Line. Page 1 of 2

4 Proposed Support Resolution from Save the Bluffs) Adopted by this day of 2013 Page 2 of 2

5 Option # 1 WHEREAS:, increasingly, mining companies are establishing operations to mine for silica and quartz sand also known as frac -sand) due to the usefulness in hydraulic fracturing of natural gas and oil; and WHEREAS:, frac -sand is an industrial sand ( code ), not construction sand ( code ) according to the North American Industrial Classification System ( NAICS) and Minnesota Statute , which defines silica sand and quartz as Industrial Minerals not construction sand and gravel; and WHEREAS., Jordan sandstone, which is abundant and close to the surface near the Mississippi River, has a high quartz content that makes it ideal for fracturing; and eesqbenefit analysis to have questionable esaaemie benefit in the 19Rg FUR while malk Ag the Feg an a less attractive plaee a.. 1: a work... d visit (Pe ); and IIHERE. IG the tay ng Af steekhal.. and Pepin W sgga :.. - sr., s the Fi.. r 0.8. v. Geac6 a Ca nt have mpfess ve lecal amenities that eentfibute te highef PFE)peFty values, healthy populat OR, Feal estate value 2019) i and r WWEREASi Red WiRg, Lake City and The Great Rver Read ( 14W) r3l) that eenrppt; the two ritipc And WMEREAS& Pepin County has created an QveFIay D AF t Gf ZIPPFEI) Hmately 1 m le the M PIE) to Pv Phan.. cu c I013) -o' and elevated levels of ambient crystal! Ae silica dust havp hppn linked tn qil' raq' qm bath h- m"' " d " " s pi dg and 1AIEWEREAS- d...,.' R94P IF- Pk Af GFYStalliRe SiliGB dl:14 (ffa6 sand dust) were found 1 m le UpwiRd and V4 Ad AfthP Chip..,.. - Pal rm-, 2) -., d deems t appropriate to adept a PeSitiGR With Fespect to ffag Sand mining- WHEREAS, on October , the Red Wing City Council adopted a moratorium on any new silica sand mining operation within the City of Red Wine municipal limits; and Page 1 of 2

6 Option # 1 WHEREAS, on August 21, 2012, the Red Wing Sustainabilitv Commission and the Red Wine Advisory Planning Commission finalized the Industrial Silica Sand ( Frac Sand) Mining Operations Moratorium Report which included recommendations for further action by the Red Wing City Council; and WHEREAS, on August 27, 2012, the Red Wing City Council adopted the Industrial Silica Sand ( Frac Sand) Mining Operations Moratorium Report and directed City Staff and the City Attorney to draft amendments to the City of Red Wing Zoning Code as recommended in the report; and WHEREAS, on October 1, 2012, the Red Wing City Council adopted Ordinance No. 39 establishing significant restrictions and regulations on silica sand mining, processing, and transportation operations within the City of Red Wing including the prohibition of sand mining within certain overlay districts with important bluff open space resources; and WHEREAS, recommendation 7 of the Industrial Silica Sand ( Frac Sand) Mining Operations Moratorium Report read as follows: Collaborate with Goodhue County and Townships that surround Red Wing to establish regulations for Industrial Silica Sand Mining. Processing and Transportation Terminal Land Uses including regulations that will apply to existing mining operations; and WHEREAS, Goodhue County is considering an amendment to its zoning regulations that would prohibit industrial sand mining operations within one mile of the Mississippi River in order to protect the unique bluff open space resources that are so important to the Red Wing and Goodhue County economies; and WHEREAS, this proposal to prohibit industrial mining operations within one mile of the Mississippi River is consistent with recommendation 7 of the Industrial Silica Sand ( Frac Sand) Mining Operations Moratorium Report adopted by the Red Wing City Council., Formatted: Font: Not Bold NOW, THEREFORE, BE IT RESOLVED:_ by the City Council of the City of Red Wine does hereby support the proposal to amend the Goodhue County Zoning Regulations to establish suppaftsestablishin a setback for industrial sand mining of at least one ( 1) mile from the Ordinary High Water Line. Adopted by thisday of 2013 Page 2 of 2

7 Option # 2 WHEREAS, increasingly, mining companies are establishing operations to mine for silica and quartz sand also known as frac -sand) due to the usefulness in hydraulic fracturing of natural gas and oil; and WHEREAS, frac -sand is an industrial sand ( code ), not construction sand ( code ) according to the North American Industrial Classification System ( NAICS) and Minnesota Statute , which defines silica sand and quartz as Industrial Minerals not construction sand and gravel; and WHEREAS, Jordan sandstone, which is abundant and close to the surface near the Mississippi River, has a high quartz content that makes it ideal for fracturing; and WHEREAS, on October 10, 2011, the Red Wing City Council adopted a moratorium on any new silica sand mining operation within the City of Red Wing municipal limits; and WHEREAS, on August 21, 2012, the Red Wing Sustainability Commission and the Red Wing Advisory Planning Commission finalized the Industrial Silica Sand ( Frac Sand) Mining Operations Moratorium Report which included recommendations for further action by the Red Wing City Council; and WHEREAS, on August 27, 2012, the Red Wing City Council adopted the Industrial Silica Sand ( Frac Sand) Mining Operations Moratorium Report and directed City Staff and the City Attorney to draft amendments to the City of Red Wing Zoning Code as recommended in the report; and WHEREAS, on October 1, 2012, the Red Wing City Council adopted Ordinance No. 39 establishing significant restrictions and regulations on silica sand mining, processing, and transportation operations within the City of Red Wing including the prohibition of sand mining within certain overlay districts with important bluff open space resources; and WHEREAS, recommendation 7 of the Industrial Silica Sand ( Frac Sand) Mining Operations Moratorium Report read as follows: Collaborate with Goodhue County and Townships that surround Red Wing to establish regulations for Industrial Silica Sand Mining, Processing and Transportation Terminal Land Uses including regulations that will apply to existing mining operations; and WHEREAS, Goodhue County is considering an amendment to its zoning regulations that would prohibit industrial sand mining operations within one mile of the Mississippi River in order to protect the unique bluff open space resources that are so important to the Red Wing and Goodhue County economies; and WHEREAS, this proposal to prohibit industrial mining operations within one mile of the Mississippi River is consistent with recommendation 7 of the Industrial Silica Sand ( Frac Sand) Mining Operations Moratorium Report adopted by the Red Wing City Council. WHEREAS, the Red Wing City Council also recognizes that the view shed for visitors traveling on Highway 61 from Red Wing to Lake City is one of our nation' s most scenic byways and that the proposal to prohibit industrial mining operations within one mile of the Mississippi River would not protect open space bluffs located within the view shed of this scenic byway in many areas: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Red Wing does hereby support the proposal to amend the Goodhue County Zoning Regulations to establish a setback for industrial sand mining of at least one ( 1) mile from the Ordinary High Water Line; and Page 1 of 2

8 Option # 2 BE IT FURTHER RESOLVED, that the Red Wing City Council also supports an amendment to the Goodhue County Zoning Regulations to establish an overlay zone that would prohibit industrial sand mining operations from a line drawn one mile westerly of the center line of Highway 61 to the Ordinary High Water Line of the Mississippi River. Adopted by this _ day of 2013 Page 2 of 2

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