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City Council Minutes Apri119, 2010 Page 3 Jack Perry, Elk River Landfill Attorney -Stated this legal description is clearer and the landfill supports the change. Mayor Klinzing closed the public hearing. Councilmember Westgaard stated he is not in favor of using simplistic legal descriptions and professionals should be used. He questioned a parcel of property in the southeast corner that is not shaded on the map in the staff report or part of the proposed legal descriptions. Mr. Beck stated the map in the report is the city's land use map from the 2004 Comprehensive Plan and for an unknown reason this parcel in the southeast corner of the landfill's property is not identified as part of the landfill land use. He noted there is another map in the staff report that covers the entire landfill property and reflects the legal description in the proposed ordinance. He further noted the legal description was prepared by consulting engineer John Anderson. Mr. Beck stated staff will be coming back with an amendment to the land use plan. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-05 ZONING CERTAIN PROPERTY INTO THE SOLID WASTE FACILITIES OVERLAY ZONING DISTRICT AND THE MINERAL EXCAVATION OVERLAY ZONING DISTRICT. MOTION CARRIED 4-0. 6.2. Request by Ken Beaudry/M. Garg for Conditional Use Permit for Fast Cash Business 356 Jackson Avenue Case No. CU 10-04 Public Hearing • Mr. Barnhart presented Mr. Leeseberg's staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to May 17, 2010. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO CONTINUE CASE NO. CU 10-04 TO MAY 17, 2010. MOTION CARRIED 4-0. 6.3. Request by City of Elk River for Rezoning of Elk River Plaza Planned Unit Development (I'UD). Case No. ZC 10-02 Public Hearing Mr. Barnhart presented Mr. Leeseberg's staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to May 17, 2010. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO CONTINUE CASE NO. ZC 10-02 TO MAY 17, 2010. MOTION CARRIED 4-0. 6.4. Request by City of Elk River for Ordinance Amendment Relating to Commercial Recreation Facility in Residential Zoning District Case No OA 10-04 Public Hearing Staff noted this item was withdrawn by the city.