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Ci~ Council Minutes December 16, 2002 Page 7 6.6. Request by Ravia Real Estate, LLC for Easement Vacation, Public Hearing, EV 02-12 Director of Planning Michele McPherson indicated that Ravia Real Estate, LLC has requested to vacate drainage and utility easements on certain lots in Mulvaney Point for the Pines Town Office Park project. Michele presented the staff report. Acting Mayor Tveite opened the public hearing. There being no one for or against the matter, Acdng Mayor Tveite closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-12 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 02-12. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.7. Consider Interim Ordinance Establishing a Moratorium on Land Use Requests; Highway 169 and M,qin Street (Northeast Corner), Public Hearing- Case No. OA 02-08 Director of Planning Michele McPherson indicated that the Council directed the Planning Commission and the Comprehensive Plan Update Task Force to review the following area for possible future zone change and land use amendments: "Property bounded by Highway 169 on the west, Main Street on the north, Line Avenue/County Road 13 on the east, and Main Street on the south." Michele indicated that the Planning Commission discussed the issue and voted 4-3 to recommend that the Council implement the moratorium on land use requests for the affected area. Planning Commissioner Michael Jenson indicated that three of the Planning Commissioners felt that a moratorium caused an undue hardship on the property owners and four of the commissioners voted in favor of the moratorium. Acting Mayor Tveite opened the public hearing. There being no one for or against the matter, Acting Mayor Tveite closed the public hearing. COUNCILMEMBER KUESTER MOVED TO ADOPT ORDINANCE 02-17 AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE LAND USE APPLICATIONS WITHIN A CERTAIN AREA OF THE CITY OF ELK RIVER FOR 180 DAYS- CASE NO. OA 02-08 (NORTHEAST QUADRANT OF MAIN STREET AND HIGHWAY 169). COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-1. COUNCILMEMBER DIETZ OPPOSED. 6.8. Request by the City. of Elk River to Amend the Elk River City. Code to Include a Section Regarding Tree Preservation, Public Hearing - Case No. OA 02-06 Senior Planner Scott Harlicker reviewed the proposed tree preservation ordinance. He indicated that the intent of the ordinance is to address the issue of tree removal and tree preservation. Scott noted that there were three significant issues to be considered while reviewing the proposed tree preservation ordinance: