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<br />Elk River City Council Minutes <br />March 20, 1995 <br /> <br />Page 8 <br /> <br />. <br /> <br />Peter Beck, City Attorney indicated that he and the City Planner had a concern <br />with vacating the entire easement as having an easement in place gives the <br />Council more control. <br /> <br />COUNCIL MEMBER FARBER MOVED TO ADOPT RESOLUTION 95-18, A RESOLUTION <br />FOR VACATING DRAINAGE AND UTILITY EASEMENTS WITH THE FOLLOWING <br />CONDITIONS: <br /> <br />1. THAT THE EASEMENT COVERING THE STORM WATER PIPE AND THE POND IN <br />THE NORTHWEST CORNER OF OUTLOT A, CHERRYHILL BLUFFS, NOT INCLUDED <br />IN THE AREA TO BE VACATED, HAVE A DRAINAGE AND UTILITY EASEMENT <br />REESTABLISHED AND RECORDED ON THE PLAT OF HILLSIDE CROSSING SOUTH. <br /> <br />2. RECORDING THE RESOLUTION FOR VACATING THE REQUESTED DRAINAGE <br />AND UTILITY EASEMENT PRECEDE RECORDING OF THE PLAT OF HILLSIDE <br />CROSSING SOUTH. <br /> <br />COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 3-1. <br />COUNCIL MEMBER DIETZ OPPOSED. <br /> <br />7.6 <br /> <br />Phoenix Enterorises <br /> <br />e <br /> <br />Planning Intern Troy Langer indicated that Phoenix Enterprises has submitted a <br />conditional use permit application for a zero lot line development located at the <br />Southeast corner of Highway 169 and 193rd Avenue N.W. Troy Langer indicated <br />that the applicant is proposing to construct an approximately 24,000 square foot <br />commercial center on Lot 2, Block 1 Hillside Crossing South. Troy Langer reviewed <br />the staff memo on this issue. <br /> <br />Mayor Duitsman opened the public hearing. <br /> <br />Jeff Gongoll, representing the applicant. reviewed numbers 5 and 6 of the staff <br />memo dated March 20,1995. <br /> <br />Louise Kuester, Planning Commission Representative, indicated that the Planning <br />Commission reviewed the request and recommended approval. <br /> <br />There being no further comments, Mayor Duitsman closed the public <br />hearing. <br /> <br />COUNCIL MEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT <br />REQUESTED BY PHOENIX ENTERPRISES, LLC, FOR A CONDITIONAL USE PERMIT TO <br />ALLOW A ZERO LOT LINE DEVELOPMENT WITH THE FOLLOWING CONDITIONS: <br /> <br />1. CROSS ACCESS/CROSS PARKING AREAS HAVE AN AGREEMENT <br />PREPARED AND EXECUTED BETWEEN PROPERTY OWNERS. THIS <br />DOCUMENT SHALL BE RECORDED WITH SHERBURNE COUNTY. <br /> <br />2. ALL PARKING AREAS AND DRIVE AREAS SHALL BE IMPROVED WITH A <br />BITUMINOUS SURFACE AND SHALL BE BOUND WITH B612 CONCRETE <br />CURB AND GUTTER. <br /> <br />e <br />