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o the City cannot rely on its general standards for the approval of • conditional use permits when acting on conditional use permits in the mineral excavation overlay zoning district. 7. This position, if sustained by a court of law, would severely restrict the City's ability to regulate mining excavation activities in a way that meets the purposes of the mining area environmental impact statement and the mineral excavation overlay zoning district. 8. The City Council therefore finds that it is necessary to determine whether amendments are necessary to the City of Elk River Code of Ordinances in order to adequately regulate mineral excavation activities within the City. 9. The City Council further finds that it is necessary, in order to protect the planning process and the health, safety and welfare of the citizens of the City of Elk River, to adopt an interim ordinance pursuant to Minnesota Statutes, Chapter 462.355, Subdivision 4 prohibiting the acceptance of new applications, or the approval of pending applications, for new conditional use permits or licenses, or amendments to existing conditional use permits or licenses, for mineral excavation activities, until it can be determined whether amendments to the City's official controls, including Chapters 30 and 42 of the Elk River City Code of Ordinances, are necessary. THEREFORE, the City Council of the City of Elk River adopts City of Elk River Interim Ordinance No. 10 -1, as follows: 0 1. There shall be in effect as of the date of adoption of this Interim Ordinance No. 10 -1 a prohibition on the acceptance of applications, or the approval of pending applications, for new conditional use permits or licenses, or amendments to existing conditional use permits or licenses, for mineral excavation activities either within or outside the mineral excavation overlay zoning district. 2. This Interim Ordinance shall remain in effect until September 20, 2011, unless earlier terminated by action of the Elk River City Council. 3. City staff shall commence research and analysis of the City's Ordinances regulating mineral excavation activities and shall prepare and present a report to the City Council within 6 months of the date of this Interim Ordinance. The report from City staff shall include proposed amendments to the Elk River City Code of Ordinances, if City staff is recommending such amendments. In the conduct of its research and analysis, City staff shall solicit input from all businesses or individuals which it knows to be conducting mineral excavation activities within the City of Elk River at this time. 4. Notice of the adoption of this Interim Ordinance No. 10 -1 shall be published and mailed to all businesses and individuals which currently hold a conditional use permit or license for mineral excavation activities.