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3.1. DRAFT MINUTES 02-07-2011~* -- to ~ _..~¢ 'f v~ ~~ } ~ { CLOSED SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 18, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, and Motin Members Absent: Councilmember Westgaard Staff Present: City Administrator Lori Johnson, Police Chief Brad Rolfe, and Consulting Attorney Mark Mathison 1. Call Meeting To Order Pursuant to due call and notice thereof, the closed meeting of the Elk River City Council was called to order at 8:40 p.m. by Mayor Dietz. 2. Closed Session - Labor Negotiations The purpose of the closed meeting was to discuss labor negotiation strategy related to negotiations with LELS Local 231 pursuant to MN Statute 13D.03. 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 9:49 p.m. Tina Allard, City Clerk John J. Dietz, Mayor MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 18, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, and Gumphrey Members Absent: Councilmember Westgaard Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, Finance Director Tim Simon, Police Chief Brad Rolfe, and City Clerk Tina Allard Also Present: Planning Coinriussioner Ives Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Dietz. 2. Consider 01/18/2011 Agenda Ms. Johnson requested to add a resolution regarding the solar energy legacy grant. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 3-0. 3. Consider Consent Agenda Mayor Dietz requested to change the January 10, 2011 worksession minutes as follows: Page 3, under Item 5.3, titled Parks and Recreation Director Discussion, bullet point #4: ^ 1-2 people in similar positions from other city/county MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 JANUARY 10, 2011 WORKSESSION AND JANUARY 10, 2011 CLOSED MEETING MINUTES WITH THE CHANGE NOTED ABOVE. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. AMENDMENTS TO JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA FOR BUREAU OF CRIMINAL APPREHENSION SERVICES AS OUTLINED IN THE STAFF REPORT AND MAYOR DIETZ TO SIGN THE DOCUMENTS ON BEHALF OF THE CITY. 3.4. QUOTE FROM NORTH STAR PUMP SERVICE IN THE AMOUNT OF $62,177 TO COMPLETE REPLACEMENT OF THE WASTE SLUDGE ~~ ~, City Council Minutes January 18, 2011 Page 2 PUMP AND MODIFICATION TO ITS CONTROL SYSTEM AT THE WASTEWATER TREATMENT FACILITY. 3.5. MECHANICAL AMUSEMENT LICENSE TO NATIONAL ENTERTAINMENT NETWORK, INC. FOR 12 MACHINES AT WALMART. MOTION CARRIED 3-0. Councilmember Motin arrived (6:31 p.m.). 4. Open Mike Deb Walters, Elk River Landfill -Stated she would like to be on the third agenda of each month in order to present the city with its monthly host fee, to provide an update on landfill projects, and to discuss any concerns about the landfill such as with odor. She presented the December check. Mayor Dietz stated he met with the neighbors of Ridges of Rice Lake this past weekend and they had complaints about smell. He said he talked to Deb about this and she indicated she hasn't gotten any calls on this issue. Mayor Dietz said the neighbors have indicated they tried working with the landfill and city staff but nothing has been resolved. Ms. Walters said she has not heard of these complaints and felt that coming to these public meetings would help the landfill to hear about these issues. It was noted that citizens can contact Ms. Walters anytime of day and there is always someone on call at the landfill. She further noted her number is on the website. It was Council consensus that it would be okay for the landfill to provide an update on a quarterly basis. 5.1. Oath of Office-Patrol Captain Chief Rolfe provided Mr. Nierenhausen's background. Mayor Dietz administered the oath of office to Patrol Captain Ron Nierenhausen and congratulated him on his new position. 6.1. Request by Furniture Outlets USA for Conditional Use Permit to Amend Existing Elk Park Center PUD Agreement for Furniture Store and Associated Retail Case No CU 11-01- Public Hearing Mr. Leeseberg presented the staff report. He noted there were differences between staffs recommendation and the applicant's submitted landscape plan. He stated the applicant's landscape plan was not submitted prior to the Planning Commission meeting. He noted the applicant is proposing a "cone of vision" where no trees would be planted in order to maintain visibility to Highway 169. He stated staff checked out the cone of vision and felt traffic would already be cotninitted to turning into the property or would be driving by at 55+ mph and wouldn't have enough time to see through the cone to the site. He stated adding more trees to the site would not reduce the building's visibility and recommends Option A in order to help meet one of the city's beautification goals. He further discussed visibility from Freeport Avenue. He noted staff had no issue with either signage plan. City Council Minutes January 18, 2011 Mayor Dietz opened the public hearing. Page 3 Jim Heinitz, CEO for Furniture Outlets, Sioux Falls, South Dakota -Stated he enjoyed working with the Planning Commission, noted they listened to his company, and were very business-minded. He expressed concerns for visibility and accessibility to the site and that's why they proposed their signage option. He is not opposed to doing landscaping but would not want to see it forced to specific locations. He stated they also want the site to look good aesthetically for their customers. He stated they would like the site lines to be as open as possible. Mayor Dietz closed the public hearing. Councilmember Motin stated the Planning Commission approved Landscape Plan A but noted they had a hard time requiring all the trees in the Plan. He stated they were okay with it but felt staff should work with the applicant on the visibility issues. Mr. Leeseberg stated the Commission provided a range of trees between 19 and 33. Mr. Heinitz stated they are not opposed to 19 trees. He noted the nearby bank was willing to remove a couple of their trees in order to help with visibility/accessibility. He noted his company needed to consider the long-term future of the lot in case the site ever had to revert back to a big box retailer and the full parking lot would be needed again. Mike Diem, Archnet, USA Architects, Stillwater -Discussed how he would lay out the 19 trees. Counciltnember Gumphrey stated he would like to help the applicant maintain the cone of vision site line and to work with staff on a landscape plan. He questioned if the back side (from Jackson Avenue) of the sign had been reviewed for impact. Mr. Leeseberg noted it had not. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 11-01 AS ILLUSTRATED ON DRAWINGS DATED 11/29/10 WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. SIGNAGE REQUIREMENTS SHALL BE AS SHOWN ON PROPOSED SIGNAGE FOR ELK PARK CENTER EXHIBIT. 3. BETWEEN 19 AND 33 TREES SHALL BE PLANTED WITH THE LANDSCAPING PLAN TO BE WORKED OUT BETWEEN STAFF AND THE APPLICANT BUT THE CONE OF VISION TO THE SITE SHALL BE MAINTAINED FOR HIGHWAY 169 AND 191sT AVENUE. 4. CONSTRUCTION OF LANDSCAPED ISLANDS WITH TREES SHALL BE COMPLETED PRIOR TO OCCUPANCY FOR ANY BUSINESS RECEIVING SIGNAGE PER THIS AMENDMENT. City Council Minutes January 18, 2011 MOTION CARRIED 4-0. Page 4 6.2. Resolution Regarding the Interim Use Permit for the Store Building at Wapiti Park, Case No. CU 10-16 Mr. Barnhart provided information on this item as outlined in his staff report. He stated Wapiti Park has indicated they are not willing to comply with the conditions of the Interim Use Permit. Councilmember Motin asked staff if the conditions have been completed. Mr. Barnhart replied that his report was still accurate as of today Qanuary 18, 2011). Attorney Representing Wapiti (name not given) -Stated he would like to clarify his client's position with respect to Mr. Barnhart's report. The attorney proceeded to address the findings in the resolution regarding the interim use permit for the store building at Wapiti Park Campground. Findings # 1- 4 He agrees with the first four findings but would like to point out that when the campground became alegal-nonconforming use, because of the rezoning referred to in Finding #4, its use rights were free of any previously imposed conditions. He stated it became a legal non- conforming use without conditions. Councilmember Motin asked the attorney if he was stating that Wapiti Park could completely ignore the conditions that were in place before then. The attorney stated yes. Finding # 5 He does not agree that city ordinances did not allow the reconstruction of the burned down building. He stated the value of the destroyed accessory use was far less than 50% of the value of the total use of the property. He believes the city had no authority to prevent reconstruction of the building as long as it was completed within twelve months of the fire. Finding #G He agrees with the finding except for the portion that describes why the city treated the Conditional Use Permit application as an Interim Use Permit application and the portion indicating a sale or development was likely to occur in ten years. He stated the 2000 Interim Use Permit was issued with only two conditions. He stated this is important because when his client was deciding whether to rebuild the building, there were only the two conditions imposed. Finding #7 He agrees with the finding but notes that the permit expiration date was April 17, 2010. He stated the Council adopted Ordinance #10-03 on March 15, 2010, amending Section 30- 658 of the zoning code. He stated this ordinance was effective on April 3, 2010 while his client's Interim Use Permit was still in force. He stated this ordinance amendment made the use of the building by Wapiti a legal non-conforming use. He stated by virtue of Elk River City Council Minutes January 18, 2011 Page 5 City Code Section 30-701, Section 30-691, and Minnesota Law that his client's use of the building became a legal non-conforming use with full privilege to be continued without the need of an Interim Use Permit or a Conditional Use Permit. Finding #8 He agrees with this finding but believes the application referred to was the result of wrongful action by city staff in telling his client that they could not legally use the building and would not be eligible for renewal of their liquor license. Finding #9 He agrees with the finding but claims Wapiti's right to use the building is not dependent on the 10 year Interim Use Permit passed by Council but instead upon its right to continue the legal non-conforming use created by the zoning ordinance amendment on Apri13, 2010. He stated even if Wapiti needed an Interim Use Permit, it is his contention that all of the conditions imposed in the August 2 action are illegal and unenforceable. He listed the following reasons: ^ The conditions attempt to illegally regulate the legal non-conforming campground use and constitute an uncompensated regulatory taking of a valuable property right owned by his clients. The conditions are arbitrary, capricious, and have no relation to the use of the building as an office, restaurant, bar, laundry, and gathering place. He stated the August 2, 2010, motion imposed 17 conditions but that Mr. Barnhart's January 8, 2011, letter recommended only four conditions. He stated the conditions are illegal and unenforceable because the regulation of the campground has been pre-empted by the State of Minnesota and delegated to the Minnesota Department of Health. He stated his client has complied with the Minnesota Department of Health's licensing requirements since the 70's. He stated Elk River City Code does not authorize the Council to grant an Interim Use Permit and then make it subject to termination if certain conditions are not met by some later date. He stated this is a violation of the MN 60 day rule law. He stated if the city terminates the Interim Use Permit and its liquor licenses, that these actions will constitute a regulatory taking of valuable property rights exposing the city to claims of damages. ^ He stated the city has no procedure set forth in its ordinances for the revocation of an Interim Use Permit. He stated Wapiti Park will have been denied both substantive and procedural due process if the city takes action to revoke the Interim Use Permit. Finding #72 He stated the definition is specifically limited in its application to the use within the specific sections of the statute and should not be used here. Finding #73 He stated this finding misstates the statute. He stated Minnesota Statute, Chapter 327, Subdivision 8 states a recreational camping area means an area used on a daily, nightly, weekly, or longer basis and does not use the word "temporary" to define a recreational camping area. Finding #75 He stated this finding is immaterial to the Interim Use Permit for the use of the building. He stated there is no definition of what staff means by "permanent residents". He stated many City Council Minutes Page 6 January 18, 2011 ----------------------------- who considered themselves long-term residents of the campground in August are no longer there because they were afraid the city was going to close the park and make them move during the months of January/February. He stated the permanent residents that everyone was afraid of are no longer permanent because they are not there anymore. Finding # ~ 6a. He believes is false and immaterial to the Interim Use Permit. Finding #76 b ~' c He believes is immaterial to the Interim Use Permit. Finding #96d He believes to be an allegation and immaterial to the Interim Use Permit. Finding # 16e He stated it expresses concerns but offers no proof to justify them. Finding #96f He stated it expresses concern but offers no evidence to which he can rebuttal Finding #77 He stated this finding is untrue. He stated the August resolution of approval of the Interim Use Permit named seventeen specific conditions, not seven. He stated his client has complied with twelve of the conditions. He stated they have maintained all stated licenses and given written testimony regarding the functionality of the septic system. He stated Elk River City Code, Section 10-9 doesn't mention a Manure Management Plan or give guidance as to how to complete one. He stated Wapiti Park is in compliance with all the violations of the state health inspector with the exception of one and they have special permission to put the condition (replacement of two tiles in the shower) off until this spring. He stated the private road agreement has existed for over 30 years. He stated the maximum number of campsites has not been exceeded and they've complied with the hours of operation. He stated Wapiti Park only permits minor maintenance and repairs. He stated the store building is used primarily for campers and the horses are not a nuisance. He stated the wheels are on all the vehicles. He stated city staff would like to see Wapiti Park go away. He stated closing it for two months every year would probably make it happen. He stated they are not going away without a fight because the law doesn't allow city zoning regulations to get rid of businesses. He stated the city told his client this building could be built for what it is used for back in 2000. He stated his client made a personal investment based on the two conditions to the use of the building. He stated they had a right to believe the Interim Use Permit would be renewed. He stated they became a legal non-conforming use through a technicality on August 3 when the city changed its zoning ordinance. He stated his client would like to work with the city on being a good Elk River business. He stated his client can't call the cops because there is animosity between the city and the campground. City Council Minutes Page 7 January 18, 2011 ----------------------------- He stated the city should take positive action tonight to prevent costly litigation. He stated with any other decision his client will have no choice but to pursue litigation. Attorney Beck stated the other attorney's statement "that some of the staff would like Wapiti Park to go away" is false and he hasn't' heard anybody, including Council or staff, over the years say anything to this effect. He has heard the desire to have Wapiti Park brought into conformance as a campground with state law for the safety of the people there. He stated Wapiti's attorney's comments have shown no support in reference to law. Attorney Beck stated the concept that all conditions are wiped out and no longer enforceable when the campground went from a legal conditional use to a legal non- conforming use is not the law. He stated a legal non-conforming use is lawful under the same conditions as when it was a conforming use as long as the applicant complies with the conditions. He stated back in 2000 the Interim Use Permit was the only option available to the applicant to allow the reconstruction of the store building. He stated this occurred prior to the state legislative changes in 2006, which allows anon-conforming use to be rebuilt as long as it's not expanded. He stated until. 2006 city ordinance had an amortization schedule and a schedule that provided that a use damaged by more than 50 percent could not be rebuilt. He stated the applicant applied for and accepted the Interim Use Permit and it is binding. Attorney Beck noted the conditions of the 2000 Interim Use Permit were for 10 years which was recognized and accepted by the city and the applicant for the 10 year period. He stated he is unsure why Wapiti Park would think the ordinance amendment would eliminate its conditions or why the change in the Interim Use Permit ordinance would create an unregulated right to rebuild or remain in the building. He stated the city is authorized to grant an Interim Use Permit with specific time or event terminations and that termination at the end of 10 years or of a condition not being met would be lawful. He stated he didn't hear any basis for the concept that the 60 day rule would impact that. He stated this is not a procedure to revoke an Interim Use Permit. He stated it is a decision on whether the Permit approved on the stipulation that the conditions outlined in Council's motion be met should be extended or whether it should expire because those conditions outlined haven't been met. He stated it is not accurate that city regulations are pre-empted because the State Department of Health is involved with the regulation of campgrounds. He noted the state statute says approval by the Department of Health does not relieve the applicant from securing building permits from municipalities that require permits or from complying with any other municipal ordinance or ordinances applicable thereto not in conflict with the statute. He stated the conditions outlined by the city, which go back to the early 80's, have been directed toward bringing the campground into compliance with the state statute for campgrounds. He believes the conditions are not in conflict with the statute because they are an effort to bring the use into conformance with the statute. Attorney Beck disagrees with the statement by the applicant that state law allows permanent residency at a campground. He stated the definition of "camping area" provides that it's for recreational camping vehicles and the definition of recreational camping vehicles in all its subparts references temporary dwellings for travel, recreation, and vacation use. He stated to try and separate the two definitions from each other to get to the conclusion that there can City Council Minutes January 18, 2011 Page 8 be permanent residency in a campground is contrary to the specific language of the statute and to its intent. He stated Minnesota Statute Chapter 327 also regulates manufactured home parks which are intended for permanent residency and the statute incorporates a number of protections for permanent residents in mobile home parks that clearly intends that there will be a higher standard of both the vehicles/dwellings in a manufactured home park as opposed to a camping area. He noted the closing of Wapiti Park in January/February was a staff recommendation that was not adopted by the City Council. He stated it was clear from the City Council that it was going nowhere and staff was directed to find another way to address the permanent residency issue which has been a concern with the campground for over 20 years. He stated staff has done a number of things to research the campground in determining compliance with state law and one was to check with Sherburne County on the tax status of vehicles. He noted this finding shouldn't be characterized as an allegation and there is sufficient factual bases to support it in the resolution. He noted some of the vehicles are taxed as a mobile home. He stated the evidence to justify the health issues are in the staff reports submitted by the Environmental Division. He noted the fact that solid waste has been recovered from the river over the years and is the justification for the Solid Waste Plan. He noted this Plan has not yet been submitted. He stated the city has asked for documentation of compliance of the septic system to Pollution Control Agency standards as outlined in state statute. He stated the city provided the applicant with the building official's advice as to the requirements of this process. He stated a Pollution Control Agency licensed inspector must do the inspection and there is a three step process for it. He stated it is the city's responsibility to confirm that the septic system (which is located in the flood plain) is functioning and not polluting the river. He noted the Police Department staff report has been included and supports the finding related to public safety concerns. He stated there is not a discrepancy in the number of conditions and noted that there are 17 conditions and one of them specifically incorporates the conditions from the 1984 Permit He stated Condition 8 & 9 from that Permit haven't been complied with. He stated the resolution before the City Council does not make a finding with respect to the non- compliance with any of the other seven conditions from the 1980's Permit. He stated what he has heard and discussed with staff is an effort to make sure Wapiti Park functions as a campground per the statute which authorizes the city to ensure its ordinances are complied with. He stated Wapiti Park went ahead and built the building on reliance that the Interim Use Permit would be for the full 10 years as they wanted. He stated staffs position is that it could be renewed for another 10 years if the long outstanding issues related to the campground that it serves can be addressed. Councilmember Motin stated he recalls when this issue came up in 2000. He stated land was being developed rapidly and Council struggled with how to let Wapiti stay in business when they had a use which the city was unable to let them stay in business. He stated the decision was made to go with the Interim Use Permit. He stated at that time the representatives of Wapiti Park did not expect to be in business in ten years. He stated if anyone at that point City Council Minutes January 18, 2011 Page 9 wanted Wapiti gone, it was the owners of Wapiti because they expected to be developing the property or selling it during the interim use period. Councilmember Motin stated the 10 year period is complete. He stated Wapiti Park built the building on the assurance that they could have it for ten years so the city gave it to them. He stated if Wapiti Park wanted to do another Interim Use Permit, which it did, it doesn't mean the city can't impose conditions. He stated they have ignored the conditions and he has no problem ending the Permit under these circumstances. He stated Wapiti Park has been disregarding conditions since 1984. Councilmember Zerwas concurred regarding the ending of the Interim Use Permit because clearly no progress has been made since August and no progress seems to be in sight. Mayor Dietz stated he would be more comfortable with allowing the city attorney to research the comments made tonight. Wapiti's attorney agreed to provide the supporting law that he relied upon to make his statements tonight and also provide his statement. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO EXTEND INTERIM USE PERMIT, CASE NO. CU 10-1G TO MARCH 21, 2011, ON CONDITION THAT THE CONDITIONS APPROVED ON AUGUST 2, 2010 BE COMPLIED WITH. MOTION CARRIED 4-0. 6.3. Direction on Whether to Initiate Revocation of Liquor Licenses for Wapiti Park This item was continued to March 21, 2011. 7.1. Appoint Two Councihnembers to the Administrative Hearing Board Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPOINT COUNCILMEMBER GUMPHREY AND COUNCILMEMBER MOTIN TO THE ADMINISTRATIVE HEARING BOARD TO DECEMBER 31, 2011. MOTION CARRIED 4-0. 7.2. Open Meeting Law and Data Practices Review Attorney Beck provided a review of the open meeting law and data practices. He reviewed the League of Minnesota Cities Handbook along with their Risk Management Memo, Electronic Communications Between Councilmembers. He discussed the city's Guidelines or Electronic Communication Between Members of Council, Commissions, and Board. Attorney Beck further reviewed a Risk Management Memo regarding the Government Data Practices Act. Council asked various questions to which Attorney Beck answered. 7.3. Parks and Recreation Director Ms. Johnson presented the staff report. She reviewed the differences between the Parks and Recreation Commission version and staff version as noted in her report. City Council Minutes January 18, 2011 Page 10 It was Council consensus to have the position oversee the grant writing and that it was important to have consistency with the years of experience level for the position. Mayor Dietz noted a comment the Parks and Recreation Commission had was regarding the number of people the position has supervised. It was Council consensus to remove advertising from the StarNesur and to include the Star Tribune. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE STAFF'S VERSION OF THE POSITION DESCRIPTION WITH THE FOLLOWING CHANGES: ^ "MULTIPLE" TO "NUMEROUS" IN REGARDS TO SUPERVISORY EXPERIENCE.. ^ POSITION DOESN'T HAVE TO WRITE GRANTS BUT SHALL OVERSEE THE SECURING OF GRANTS. MOTION CARRIED 4-0. 7.4. Solar Energy Legacy Grants Ms. Johnson requested resolution authorization for staff to apply for a solar energy legacy grant and that the city would fund a 25% match (approximately $30,000 for the city). She noted that some of the grant opportunities come forward in a very short timeframe and that staff met today to review several opportunities. She stated this opportunity would be for the lighting along the Great Northern Trail both in the tunnel and at the intersection of 221st Avenue. She stated the application is due January 31; hence the need to add it to the agenda. She noted that in the 2011 Capital Improvement Plan there is $150,000 for intersection improvements so the grant match could come from this fund. Councilmember Zerwas noted another recent match required for the solar panels and expressed concern with applying for these various grants. He suggested having more awareness of them as the city is looking at expense reductions in the future. He understands they come up on the short-term but noted more review would be beneficial. Ms. Johnson agreed and noted that internally staff looks at this process before coming forward. She stated there were a few other grants that looked attractive but were removed due to funding MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-05 SUPPORTING A SOLAR ENERGY LEGACY GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES. MOTION CARRED 4-0. 8. Other Business There was no other business. City Council Minutes January 18, 2011 9. Council Updates Page 11 Councilmember Zerwas noted he took the land use training recommended by staff and that it took about 30 minutes and he suggested Council take the training. 10. Staff Updates There were no staff updates. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:35 p.m. Tina Allard, City Clerk John J. Dietz, Mayor