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~-",....., 1: I " .. .. the purpose of protecting the planning process and the health, safety and welfare of the citizens of the city and to ensure that the city and its citizens retain the benefits of the city's comprehensive plan, zoning ordinance and other official controls until a study can be conducted and any modification to the City's zoning, land use or building regulations are adopted. The Council has concluded that the Subject Property should be included in the area affected by such an interim ordinance because state and federal authorities with the greatest expertise in such matters have determined that this area represents the greatest hazard or threat and is therefore deserving of the greatest commitment of effort and resources of governmental regulatory authorities. 1.07. The Council has directed that a study of the adequacy of the current code as it applies to such contaminated sites be undertaken by the City's Environmental Quality Commission. 1.08. Minnesota Statutes Section 462.355, Subd. 4 (the "Act") permits the adoption of interim ordinances during the planning process; and this ordinance is adopted pursuant thereto. Section 2. Determination. 2.01. During the period that this interim ordinance is in effect, no part of the Subject Property may be developed or redeveloped, nor shall any site plan approvals, rezonings, licenses (other than renewals) , plattings or replattings, land divisions or consolidations, special use permits, grading permits or building permits for the Subject Property, or any part thereof, be issued by the City. 2.02. Notwithstanding any provision in this ordinance to the contrary, the City Council may take action otherwise prohibited by paragraph 2.01 if it determines, after a public hearing thereon with at least 10 days published notice, that: (a) The proposal complies with all provisions of the current city code of ordinances; and (b) The proposal is necessary or expedient to effect remediation of contamination on the site or to delay or prevent the release or threatened release of hazardous substances, pollutants or contaminants into the environment; and (c) The proposal is a part of an approved remedial action plan or has otherwise received formal and official approval by the MPCA or the EP A or is determined by the City Council to be necessary to bring all or a part of the Subject Property or operations conducted thereon into compliance with the State Fire Code. Such a hearing may be initiated by request of an applicant for a license, permit or other approval, by the City Manager, or by the City Council. 2.03. This ordinance shall remain in effect for a period of twelve months from its effective date or such earlier date as may be adopted by the City Council, provided that, if the study and planning process and adoption of amendments to the city ordinances have not been completed within that twelve months period this ordinance may be extended for such additional periods as deemed necessary by the RICECH3B444 NE136-B