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City Council Minutes <br />September 20, 2010 <br />Page 5 <br />AMENDING SECTION 2-212 OF THE ELK RIVER CITY CODE RELATING <br />TO THE HERITAGE PRESERVATION COMMISSION. MOTION CARRIED 5- <br />0. <br />Other Business <br />8.1. Consider Interim Ordinance Placing Moratorium on Acceptance of New Applications or <br />the Approval of Pending Applications for Conditional Use Permits or Amendments to <br />Existing Conditional Use Permits for Mineral EYCavation Activities <br />Councilmember Motin stated Tiller Corporation has questioned whether the city has the <br />ability to impose conditional uses in the mineral excavation overlay district. He stated the <br />city may want to review the conditional use provisions of the city ordinances and further <br />noted there is an application pending at staff level. <br />Attorney Beck stated Tiller has taken the position that the city must approve all conditional <br />use permit requests in the mineral excavation area without any restrictions/conditions <br />because the city has an overlay zoning district specific to mineral excavation. Attorney Beck <br />stated Tiller believes that because the city doesn't have specific standards in its ordinance for <br />mineral excavation then it is not allowed to use the general conditional use permit standards <br />and therefore must approve all conditional use permit requests. <br />Attorney Beck stated this is of concern to the city because the basis for the regulatory <br />scheme for the mining area, since the preparation of the mining plan and the Environmental <br />Impact Statement, and the adoption of the existing ordinance in 1982, has been to allow the <br />mining activitST but ensure it is consistent with future development for that area of the city. <br />He stated if the city loses the ability to regulate through the conditional use permit process <br />in order to provide for appropriate buffers, elevations for roads and all the items that will <br />make the area developable in the future, that this would be contrary to the city's 30 year old <br />goals for this area. <br />Attorney Beck stated he didn't want to render an opinion on Tiller's comments but that they <br />merit some analysis by staff so he recommended implementing the proposed moratorium. <br />MOVED BY COUNCILMEMBER GUMPRHEY AND SECONDED BY <br />COUNCILMEMBER MOTIN TO ADOPT INTERIM ORDINANCE 10-17 <br />PLACING A MORATORIUM ON THE ACCEPTANCE OF NEW <br />APPLICATIONS OR THE APPROVAL OF PENDING APPLICATIONS FOR <br />CONDITIONAL USE PERMITS OR AMENDMENTS TO EXISTING <br />CONDITIONAL USE PERMITS FOR MINERAL EXCAVATION ACTIVITIES. <br />MOTION CARRIED 5-0. <br />Council Updates <br />There were no Council Updates. <br />10. Staff Updates <br />Park,~~ and Recreation Director <br />• <br />