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ORD 10-17INTERIM ORDINANCE NO. 10 -17 • CITY OF ELK RIVER AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS OR THE APPROVAL OF PENDING APPLICATIONS FOR CONDITIONAL USE PERMITS OR AMENDMENTS TO EXISTING CONDITIONAL USE PERMITS FOR MINERAL EXCAVATION ACTIVITIES Findings of Fact The City Council of the City of Elk River makes the following Findings of Fact: 1. The City of Elk River, following the preparation of a mining area land use study and the preparation of an environmental impact statement covering the mining area of the City of Elk River, adopted, in 1982, ordinance amendments regulating mineral excavation activities (now codified as Chapter 42, Article II of the Elk River City Code of Ordinances) and creating a mineral excavation overlay zoning district (now codified at Section 30 -1835 of the Code of Ordinances). 2. One of the purposes of the environmental impact statement for the gravel mining area was to ensure that mining in this area of the City was conducted in a manner that would allow for future development of this area of the City for other uses. 3. One of the purposes of the mineral excavation overlay zoning district is to protect • the public health, safety and general welfare by providing a specific zoning district. 4. In order to ensure that mineral excavation activities are conducted in such a way that protects the public health, safety and general welfare, and provides for future development of the mining area, mineral excavation operations are made a conditional use in the mineral excavation overlay zoning district. 5. The purposes of the gravel mining area environmental impact statement and the mining and mineral excavation overlay district cannot be met unless mineral excavation activities are subject to appropriate regulation, including requiring conditional use permits for mining activities and the imposition of appropriate conditions on the issuance of conditional use permits. 6. A representative of a mineral excavation business has recently taken the position that: • the mere fact that land is located within the mineral excavation overlay zoning district means that mining is a permitted use; • denial of a conditional use permit, or denial of an amendment to an existing conditional use permit, is, therefore, "arbitrary as a matter of law"; • it is unreasonably vague and subjective for the City to rely on potential future development of property located within the mineral excavation overlay zoning district when acting on applications to amend a conditional • use permit for mineral excavation activities; and 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. • Passed and adopted by the City Council of the City of Elk River this 20th day of September, 2010. Steph ie Klinzing Mayor Attest: t Tina Allard City Clerk 0 GP:2850479 vl • AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS COUNTY OF SHERBURNE iM diM ORDINANCE NQ. R &. N, 10 -17 dTY OF ELK RIVER AN IIVTE$= ORDINANCE Aar PLACING Marlys Ellingson, being duly sworn on oath says that she is the sales manager of the MORATORIUM ON THE ACCEPTANCE OF NEW Newspaper known as the Star News, and has full knowledge of the facts which are stated APPLICATIONS OR THE below: APPROVAL OF PENDING APPLICATIONS FOR (A) The Newspaper has complied with all of the requirements constituting qualifications CONDITIONAL USE PERMITS OR as a qualified newspaper, as provided b Minnesota Statue 331A.02, 331A.07 and other q p y AMENDMENTS TO . applicable laws, as ammended. EXISTING CONDITIONAL USE PERMITS FOR (B) The printed legal notice, which is attached was cut from the columns of said -MB05RAL FXUAArATIAN newspaper and was printed and published once a week for one week; it was first published ACTIVITIES Findings of Fact' on Saturday, the 9th day ofOctober, 2010, and was therefore printed and published on every The City Council of the City of Saturday to and including Saturday, the 9th day of October, 2010, and printed below is a Elk River makes the following Findings of Fact: copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged 1. The City of Elk River, fol- as being the size and kind of type used in the composition and publication of the notice lowing the preparation of a mining area land use study and eral welfare by providing a spe- cific zoning district. the_preparation of an environ- 4. In order to ensure that mental impact statement cov- mineral excavation activities ering ,the mining areA9fthe abcdefghijklmnopgrstuvwxyz MWk 0606W a 9kW1 Aar excavation overlay zoning dis- trict (now codified at Section 30 -1835 of the Code of Ordi- Sales Manager nances). 2. One of the purposes of the environmental impact state- Subscribed and sworn to before me on ment for the gravel mining area was to ensure that min- this 9th day of October, 2010 ing in this area of the City was conducted in a manner that would for future devel- HF�� allow opmeitt of this area of the City Alp for other uses.I 3. One of the purposes of the , mineral excavation overlay rid zoning district is to protect the public health, safety and gen- eral welfare by providing a spe- cific zoning district. Notary Public 4. In order to ensure that ---------------------------------------------------- mineral excavation activities are conducted in such a way RATE INFORMATION that protects the public health, safety and general welfare, and provides for future develop- ment.of the mining area, min- (1) Lowest classified rate paid by commercial $ 21.00 eral excavation operations are made a conditional use in the users for comparable space (line, word or inch rate) mineral excavation overlay zoning district. (2) Maximum rate allowed by law for the $ 15.50 5. The purposes of the gravel mining area environmental above matter (line, word or inch rate) impact statement and the mining and mineral excavation (3) Rate actually charged for the above $ 15.00 overlay district cannot be met unless mineral excavation matter activities are subject to appro- (line, word or inch rate) priate regulation, including 2,371,617 requiring conditional use per- mits for mining activities and the imposition of appropriate conditions on the issuance of conditional use permits. 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: