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6. A representative of a min- eral excavation business has 1. There shall be in effect as of recently taken the position the date of adoption of this Interim Ordinance No. 10 -1 a that: the mere fact that land is prohibition on the acceptance of located within the mineral applications, or the approval of excavation overlay zoning dis- pending applications, for new conditional use permits or trict means that mining is a permitted use; censes, or amendments to *denial of a conditional use �xisting_conditional use ermits or licenses, for mineral permit, or denial of an amendment to an existing xcavation activities either conditional use permit, is, within or outside the mineral therefore, "arbitrary as a excavation overlay zoning district. matter of law'; •it is unreasonably vague and 2. This Interim Ordinance subjective for the City to rely shall remain in effect until on potential future September 20, 2011, unless development of property earlier terminated by action of located within the mineral the Elk River City Council. 3. City staff shall commence excavation overlay zoning dis- t r i c t when acting on research and analysis of the applications to amend a City's Ordinances regulating mineral excavation activities conditional use permit for mineral excavation activities; and shall prepare and present and a report to the City Council *the City cannot rely on its within 6 months of the date of this Interim Ordinance. The general standards for the report from City staff shall approval of conditional use permits when acting on include proposed amendments conditional use permits in the to the Elk River City Code of mineral excavation overlay Ordinances, if City staff is zoning district. recommending such 7. This position, if sustained amendments. In the conduct of by a court of law, would its research and analysis, City severely restrict the City's staff shall solicit input from all businesses or individuals which ability to regulate mining it knows to be conducting excavation activities away that meets the purposes of the mineral excavation activities mining area ,environmental within the City of Elk River at this time. ' iffipact-iTA B18AT and the mineral excavation overlay 4. Notice of the adoption of zoning district. this Interim Ordinance No. 8. The City Council therefore 10 -1 shall be published and mailed to all businesses and finds that it is necessary to determine whether individuals which currently amendments are necessary hold a conditional use perput. or Imam"-tar mis�av the City of Elk River Code of of ,; Ordinances in order to regulate mineral P AWWWWW. �t" brat adequately activities,. within the civ ow" of At of Rik iiiv*r City. this 30th day of 9. The City Council further I I � at+20t& finds that it is necessary, in Stephanie Mining order to protect the planning Mayor •} process and the health, safety Attest: and welfare of the citizens of Tina Allard ' the City of Elk River, to adopt City Clerk an interim ordinance pursuant (09) to Minnesota Statutes, Chapter 462.355, Subdivision 4 prohib- iting 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: