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Elk River City Council Minutes May 16, 1994 Page 8 e use permit. He further indicated that he is not sure what violations the owners have committed as he has not been informed of the conditions of the conditional use permit. He further indicated he felt the City should provide assistance to the property owners for relocation. Mayor Duitsman stated that the matter has been going on for ten years since he was first on the Council. He indicated that screening of the site was never completed and he further indicated that he feels there is a need for rezoning. COUNCILMEMBER SCHEEL MOVED TO DEFER ACTION ON THIS ITEM FOR TWO MONTHS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Council member Dietz indicated that the City Council and City staff have been discussing this issue with the property owners for the last two years. He indicated that this should come as no surprise to the property owners and that they should be aware of the City's desire to rezone the property. Councilmember Dietz further indicated that he felt a decision should be made within the next 60 days regarding the rezoning of the property. Norma Gallati indicated that she has had no notification of the hearings. She requested that the City notify her and her husband of the next meeting on this issue. THE MOTION CARRIED 5-0. e 7.5. Consider Reauest to Vacate a Portion of 6th Street/P.H. Case No. EV 94-01 City Planner Steve Ach stated that because 6th Street no longer connects with Proctor Avenue, it is staff's opinion that the right-of-way for the street purposes be vacated. He indicated that there are public utilities within the right-of-way which need to be protected with a public drainage and utility easement. Councilmember Holmgren noted that parking from Beaudry Express is taking place on the easement. Steve Ach indicated that this is not allowed and stated that he would inform Mr. Beaudry that parking is not allowed on the easement. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-54, A RESOLUTION FOR VACATING STREET DRAINAGE AND UTILITY EASEMENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Consider a Conditional Use Permit by Brian Anderson/P.H. Case No. CU 94-09 Planning Assistant Gary Schmitz indicated that Brian Anderson has requested a conditional use permit to excavate an estimated 5,000 cubic yards of black dirt from a wetland to construct an open pond for wildlife viewing. The location for the request is 21265 Concord Street, Elk River, Minnesota. Gary Schmitz reviewed the staff report for this issue. Bob Minton, Planning Commission Representative, stated that the Planning Commission recommended approval. e Mayor Duitsman opened the public hearing.