04-17-1989 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
MONDAY, APRIL 17, 1989
Members Present:
Mayor Tralle, Councilmembers Dobel, Schuldt, Holmgren
and Kropuenske
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Steve Bjork, Zoning
Assistant; and Steve Rohlf, Building and Zoning
Administrator
1. Pursuant to due call and notice thereof, the meeting of the Elk River
City Council was called to order by Mayor Tralle at 7:00 p.m.
2. Consideration of 4/17/89 City Council Agenda
Item 6.10 - Building and Zoning Administrator Update - was added to the
agenda.
COUNCltMEMBER HOLMGREN MOVED TO APPROVE THE 4/17/89 CITY COUNCIL AGENDA
AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
3.1. Consideration of 4/3/89 City Council Minutes
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COUNCILMEMBER KROPUENSKE MOVED
MINUTES. COUNCILMEMBER DOBEL
5-0.
TO APPROVE THE 4/3/89 CITY COUNCIL
SECONDED THE MOTION. THE MOTION CARRIED
3.2. Consideration of 4/8/89 City Council Minutes
COUNCILMEMBER DOBEL MOVED TO APPROVE THE 4/8/89 JOINT PLANNING
COMMISSION/CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
4. Open Mike
Mr. Wally Fox was present and requested that the City Council remove
197th and 195th Street between Tyler and Ulysses and all of Ulysses
Street within the original plat of Oak Hills from the proposed Knollwood
overlay project. He indicated that he drafted a petition to this effect
which he has signed by 21 of the affected property owners. Mr. Fox
submitted this petition to the Mayor and requested that it be kept on
record at City Hall. Mr. Fox stated that Ulysses Street was overlayed
about 9 years ago and is showing no signs of break up at this time.
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The City Administrator distributed to the Council a letter from the
City's engineering firm. Mayor Tralle stated that the Engineering firm
has authorized Braun Testing to complete six additional corings of the
bituminous surfacing in this particular area to determine the thickness
of the surface. Mayor Tralle further stated that the Council will review
the test results at the May 15, 1989, City Council meeting and make a
decision at that time as to whether or not the area will be included in
the proj ec t .
The City Administrator informed Mr. Fox that the May 15 meeting is not a
public hearing. therefore, no notice will be sent informing residents of
this meeting. He indicated to Mr. Fox that the meeting will take place
on May 15 at 7:00 p.m. at the Elk River Public Library.
Mr. Jerry Smith took this opportunity to thank the City Council for the
advertisement which they authorized to be placed in the Spring New Home
Preview Magazine.
5. LIBRARY ANNUAL REPORT
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Vicki
with
that
the
that
Sullivan, Library Board Representative, presented the City Council
the 1988 Library Annual Report. Ms. Sullivan discussed the fact
circulation has increased 10% since last year. She indicated that
library is at full capacity for shelf space. Ms. Sullivan stated
the Library will be seriously looking at expansion in the next five
years.
6.1. Final Plat/Deerfield IV/Gerald Smith
The Building and Zoning Administrator indicated that the Elk River
Development Corporation is requesting final plat approval of Deerfield IV
Addition. Mr. Rohlf stated that when the Council reviewed the
preliminary plat. they required that a park be located in this plat and
that it be 3.3 acres in size. The park drawn on the final plat is
approximately 2.8 acres. Staff has recently become informed that the
plat is actually 29.7 acres; therefore, the park dedication land size
should be smaller than the 3.3 acres originally requested.
The City Administrator questioned whether the developer is proposing to
do any improvements on the park land. Mr. Jerry Smith stated that they
are proposing to "dress up" the area by burying the stumps, and grading
and filling the area.
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Councilmember Holmgren questioned what the park land would be used for.
He questioned if the park would be developed soon or whether it would sit
as raw land for awhile. He indicated he would like to see the area
developed into a park as soon as possible because of the large number of
homeowners in the area. Councilmember Kropuenske indicated he concurred
with Councilmember Holmgren.
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The City Administrator indicated that Phil Hals, Street Superintendent,
would be discussing this piece of land with the Recreation Board at their
next meeting.
COUNCILMEMBER DOBEt MOVED TO APPROVE THE FINAL PLAT OF DEERFIELD FOURTH
ADDITION WHICH CONSISTS OF 56 CITY SEWER AND WATER SINGLE FAMILY LOTS,
WITH THE FOLLOWING CONDITIONS:
1. THAT THE DEVELOPER HAVE A ONE YEAR COMPLETION DATE FOR THE
IMPROVEMENTS IN THE PLAT FROM THE DATE OF FINAL PLAT APPROVAL.
2. THAT THE CITY ATTORNEY PREPARE A DEVELOPERS AGREEMENT AND A PUD
AGREEMENT WHICH THE DEVELOPER SHALL ENTER INTO PRIOR TO RECORDING THE
PLAT.
3 . THAT THE LETTER OF CREDIT FOR THE IMPROVEMENl'S IN THE PLAT BE
$360,000.
4. THAT THE DEVELOPER PROVIDE 2.8 ACRES OF LAND FOR CITY PARK.
S. THAT R-1C SETBACKS ARE REQUIRED IN THE PLAT; 30 FEET IN THE FRONl'; 5
FEET ON THE SIDES AND 10 FEET IN THE REAR.
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6. THAT THE CITY ENGINEER PREPARE FINAL PLANS AND SPECIFICATIONS FOR
SANITARY SEWER. WATER. STREET. AND STORM DRAINAGE.
7 . THAT THE ROUGH GRADING OF BOTH THE STREET AND THE LOTS BE DONE BY THE
DEVELOPER AND THAT THEY BE DONE SIMULTANEOUSLY.
8. THAT NO BUILDING PERMITS BE ISSUED IN THE PLAT PRIOR TO THE
IMPROVEMENTS BEING COMPLETED. INCLUDING CLASS FIVE ON THE ROAD BEING
ACCEPTED BY THE CITY ENGINEER.
9, THAT A PRECONSTRUCTION MEETING IS REQUIRED WITH THE DEVELOPERS.
CONTRACTORS. AND CITY ENGINEER. WHICH IS SET UP BY THE DEVELOPER
PRIOR TO CONSTRUCTION OF THE IMPROVEMENTS IN THE PLAT; AND FURTHER
THAT AS-BUILT DRAWINGS OF THOSE IMPROVEMENTS BE PROVIDED TO THE CITY
AFTER COMPLETION.
10. THAT PRESSURE REDUCING VALVES BE REQUIRED ON THE HOUSES WITHIN THE
PLAT.
11. THAT STREET LIGHTS BE REQUIRED IN THE PLAT IN LOCATION AS PER STAFF
AND THAT THE DEVELOPER PAY FOR THE PURCHASING AND INSTALLATION OF THE
LIGHTS; AND THAT THE CITY PAY FOR THE ELECTRICITY TO RUN THEM.
12, THAT EROSION CONTROL BE IMPLEMENl'ED WITHIN THE PLAT AS DETERMINED BY
STAFF AND APPROVED THROUGH PRELIMINARY PLAT REVIEW.
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13, THAT THE DEVELOPER BE CHARGED $5.000 FOR THE FIRST SEAL COATING
REQUIRED ON THE ROADS WITHIN THE PLAT. WHICH SHALL BE PAID PRIOR TO
RECORDING THE PLAT.
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14. THAT THE 25% WARRANTY BOND BE ESTABLISHED FOR ONE YEAR AFTER CITY
ACCEPTANCE OF THE IMPROVEMENTS IN THE PLAT.
15. THAT AUBURN STREET BE CHANGED TO CARSON STREET ON THE FINAL PLAT
DRAWINGS.
16. THAT SIGNAGE IN THE PLAT BE CONSISTENT WITH THE CITY'S SIGN
ORDINANCE.
17. THAT STUMPS BE BURIED IN THE PLAT ONLY BY APPROVAL OF CITY STAFF AND
THAT THE DEVELOPER PROVIDE A SURVEY OF THOSE APPROVED LOCATIONS.
18. THAT THE DRIVEWAYS HAVE A MAXIMUM 10% SLOPE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Jay Gulbrecht stated that he would like to see the City require more park
land, as the 2.8 acres is under the 10% requirement.
6.2. Conditional Use Permit/Peter Luke/Public Hearing
Mayor Tralle indicated that Peter Luke is requesting a conditional use
permit to operate a light manufacturing shop (cabinet making) in the C-3
zone located on Cleveland Street.
Peter Kimball, Planning Commission Representative, indicated that the
Planning Commission voted unanimously to approve the request and found
that they met the necessary 7 standards required for a conditional use
permit.
Mayor Tralle opened the public hearing. There being no one for or
against the matter, Mayor Tralle closed the public hearing.
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY PETER LUKE WHICH WOULD ALLOW A LIGHT MANUFACTURING OPERATION
(CABINET MAKING) ON CLEVELAND STREET. WITH THE FOLLOWING STIPULATIONS:
1. THAT THE SITE PROVIDE THREE OFF STREET PARKING STALLS WHICH SHALL BE
HARDSURFACED. DUST FREE AND STRIPED. THE LOCATION OF THESE PARKING
STALLS SHALL BE DETERMINED WHEN THE BUILDING SITE IS CHOSEN.
~. THAT THE LOADING AREA AND DRIVES SHALL BE HARDSURFACED AND DUST FREE.
3 . THAT SIGNAGE SHALL BE AS PER CITY CODE.
4. THAT ON-SITE SEPTIC SHALL BE AS PER CITY CODE.
5. THAT THE PROPOSED STRUCTURE AND ANY FUTURE ADDITIONS SHALL MEET ALL
CITY DIMENSIONAL REGULATIONS.
6. THAT TRASH RECEPTACLES SHALL BE SCREENED.
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7. THAT LIGHTING SHALL BE AS PER CITY CODE AND THE PROPOSED OPERATION
SHALL MEET ALL OTHER CITY REQUIREMENTS OUTLINED IN THI S PERMIT.
8. THAT THE CONDITIONAL USE PERMIT SHALL BE SUBJECT TO A TWO YEAR
REVIEW.
~ . ~T ANY AREA NOT OCCUPIED BY BUILDING OR DRIVE SHALL BE SEEDED WITH
GRASS AND LANDSCAPED TO BE AESTHETICALLY PLEASING~
10. ANY FUTURE EXPANSION WILL REQUIRE A CONDITIONAL USE PERMIT. (0491)
COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.3. Conditional Use Permit/City of Elk River/Public Hearing
Mayor Tralle indicated that the Elk River Fire Department is requesting a
conditional use permit to construct a new addition to the existing fire
station.
Planning Commission Representative Kimball indicated that the Planning
Commission voted unanimously to approve the request based on the finding
that the applicant met the 7 standards required for a conditional use
permit.
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Mayor Tralle opened the public hearing. There being no one for or
against the matter, Mayor Tralle closed the public hearing.
Discussion was held by the Council regarding ingress and egress to the
building and the length of the aerial truck. It was indicated that the
new addition would be serviced off of Fourth Street. The Council
discussed whether Fourth Street was wide enough to allow the aerial truck
to exit onto if there were cars parked on the street. It was the
consensus that no parking signs be placed on Fourth Street. The Council
also discussed the fact that the Fire Chief is requesting the aerial
truck to enter the building on the north which would mean that the truck
would have to drive on property owned by the County. After discussion
regarding this matter, it was the consensus of the Council that the City
approach the County about acquiring an easement for the purpose of
entering the fire station with the aerial ladder truck.
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY THE CITY OF ELK RIVER TO ALLOW AN ADDITION TO BE ADDED TO
THE FIRE STATION WITH THE FOLLOWING STIPULATIONS:
1. THAT THE CONDITIONAL USE PERMIT BE DEVELOPED AS PER THE APPROVED SITE
PLAN .
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2. THE SITE SHALL PROVIDE FOR NINE ADDITIONAL OFF STREET PARKING STALLS.
THESE STALLS SHALL BE HARDSURFACED AND DUST FREE. STALLS SHALL ALSO
BE HARDSURFACED, DUST FREE, AND STRIPED.
3. IN THE EVENT THAT TRAFFIC BECOMES A PROBLEM, STAFF SHALL REASSESS THE
AREA AND RECOMMEND TO THE CITY COUNCIL A REMEDY TO THE PROBLEM.
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4. THAT THE CONDITIONAL USE PERMIT BE SUBJECT TO A ONE YEAR REVIEW AFTER
THE COMPLETION OF THE PROJECT.
5. THAT ANY MECHANICAL EQUIPMENT ON THE ROOF BE SCREENED.
6. THAT AREAS NOT OCCUPIED BY BUILDING OR DRIVEWAY SHALL BE LANDSCAPED
WITH GRASS.
7 . THAT THE DUMPSTER BE SCREENED.
8. THAT THERE BE NO PARKING SIGNS INSTALLED ON 4TH STREET.
9. THAT AN EASEMENT BE ACQUIRED FROM THE COUNTY.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.4. Variance/Security Financial Banking & Savings/Public Hearing
This item was tabled.
6.5. Conditional Use Permit/Northstar Service Center/Public Hearing
This item was tabled.
6.6. Ordinance Amendment/Accessory Use Setbacks/City of Elk River/Public
Hearing
Mayor Tralle indicated that the
amendment to Section 900.18(2).
amendment puts the "Accessory Use
understandable chart format.
City is proposing a zoning ordinance
He indicated that this ordinance
Setbacks" in a more easily
Mayor Tralle opened the public hearing. There being no one for or
against the matter, Mayor Tralle closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 89-7.
AMENDING SECTION 900.18(2) "ACCESSORY USE SETBACKS."
KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
AN ORDINANCE
COUNCILMEMBER
6.7. Ordinance Amendment/City of Elk River/Section 900.08/Public Hearing
Mayor Tralle indicated that the City is proposing an ordinance amendment
to Section 900.08 which would add mini storage to the definitions section
of the City Code.
Mayor Tralle opened the public hearing. There being no one for or
against the matter, Mayor Tralle closed the public hearing.
COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 89-8. AN ORDINANCE
AMENDING SECTION 900.08. DEFINITIONS. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
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6.8. Administrative Subdivision/Fran Coates/Public Hearing
Mayor Tra1le indicated that Fran Coates is requesting an administrative
subdivision to split an approximate 20 acre parcel of land into three
parcels. Mayor Tralle further indicated that Ms. Coates had went through
another administrative subdivision in May of 1988. He stated that the
City Code allows for one administrative subdivision per year. City Staff
indicated that the administrative subdivision. if approved by Council.
would not be recorded until one year from the date of the 1988
subdivision.
Mayor Tralle opened the public hearing. There being no one for or
against the matter. Mayor Tralle closed the public hearing.
COUNCILMEMBER DOBEt MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY FRAN COATES TO SPLIT A 20 ACRE PARCEL OF LAND (SW1/4 OF THE
SW1/4 OF SECTION 18. TOWNSHIP 33. RANGE 26) INTO THREE PARCELS WITH THE
FOLLOWING CONDITIONS:
1. THAT THE APPLICANT PAY THE PARK DEDICATION FEE FOR TWO NEW LOTS.
2. THAT THE 66 FOOT ROAD EASEMENTS SHOWN ON EXHIBIT NO. 3 BE RECORDED
WITH THE PROPERTY.
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3. THAT ANY FUTURE DEVELOPMENT OF AREA A-2 WILL REQUIRE THE UPGRADING OF
20STH AVENUE AND/OR THE NORTH ROAD EASEMENT AS SHOWN ON EXHIBIT /13.
4. THAT THE APPLICANT RECEIVE APPROVAL FROM THE COUNTY FOR A DRIVEWAY
ONTO COUNTY ROAD 32 (AREA AC-1)
The Council discussed the fact that the applicant was not present. The
Building and Zoning Administrator suggested that the Council approve the
request contingent upon the applicant accepting the conditions. After
discussion regarding this matter, the majority of the Council felt that
the request should be based on the Council's decision. not on the
applicant's acceptance of conditions.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
COUNCILMEMBER HOLMGREN OPPOSED.
THE MOTION CARRIED 4-1.
Councilmember Holmgren indicated he opposed because the applicant was not
present.
6.9. Private Road Agreement/Chad Briggs
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Mayor Tralle indicated that Chad Briggs of 1703 Main Street is requesting
approval for a private road. He stated that Chad Briggs owns a lot that
is partly in the flood plain. He is planning on rearranging his lot line
so that he can build his home outside of the flood way area. Before
going through the expense of surveying, he is requesting approval from
the Council to share a driveway with his father, Curtis Briggs.
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COUNCILMEMBER SCHULDT MOVED TO APPROVE THE PRIVATE ROAD AGREEMENT FOR MR.
CHAD BRIGGS WITH THE FOLLOWING STIPULATIONS:
1. THAT THE STANDARDS PREVIOUSLY LISTED IN THE MEMO DATED 4-17-89 TO
DETERMINE THE BUILDABILITY OF THE PARCEL BE MET.
2. THAT AN EASEMENT IS DESCRIBED FOR THE RIVATE ROAD. WHICH CURTIS
BRIGGS WOULD HAVE TO GRANT TO HIS SON, CHAD BRIGGS, AND THAT A
PRIVATE ROAD AGREEMENT IS ENTERED INTO ~
3. THAT THE PRIVATE ROAD IS UPGRADED TO A 7 TON DESIGN, IF NECESSARY.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.10.Building and Zoning Administrator Update
Steve Rohlf. Building
attend the Household
Public Works Garage.
and Zoning Administrator. invited the Council to
Hazardous Waste Day on April 22 at the Elk River
The Council discussed
City of Elk River. The
this is being worked on
public use in the fall.
the possibility of having a compost pile in the
Building and Zoning Administrator indicated that
and the City will possibly have one available for
Mr. Rohlf provided the City Council with informatio material regarding
the Elk River Landfill's request for temporary ash disposal.
7.1. Resolution Establishing Baldwin Avenue as a MSA Street
Mayor Tralle indicated that the Council will be considering 3 resolutions
adding routes to the Municipal State Aid System.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 89-19, A RESOLUTION
ESTABLISHING BALDWIN AVENUE - MAIN STREET TO 5TH STREET AS A MUNICIPAL
STATE AID STREET. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
7.2. Resolution Establishing 3rd Street as a MSA Street
COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 89-20, A RESOLUTION
ESTABLISHING 3RD STREET- IRVING AVENUE' TO GATES AVENUE AS A MUNICIPAL
STATE AID STREET. . COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
7.3. Resolution Establishing Waco Avenue as a Municipal State Aid Street
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 89-21 A RESOLUTION
ESTABLISHING WACO AVENUE - T.H. 10 TO CO. RD. 30 AS A MUNICIPAL STATE AID
STREET. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
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8. Check Register
COUNCILMEMBER DOBEt MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER
KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5""'"0.
9. City Administrator Update
The City Administrator informed the Council that pcr has made
arrangements with the subcontractor responsible for the Central Business
District sidewalks and they are expected in Elk River soon to replace
certain portions of sidewalk.
The City Administrator suggested to the Council that if they are at all
interested in purchasing the County property north of the fire hall that
they send a letter to the County. The Council discussed the possibility
of the City purchasing the parcel of land from the County. It was the
consensus of the Council that the City did not have the funds to purchase
the land and, therefore, could not consider it at this time.
Councilmember Kropuenske stated that although the City cannot purchase
the land, he does not feel that the location is an area conducive to a
County Garage as it is located near the downtown area and a central park.
The Council concurred with Councilmember Kropuenske and suggested the
City Administrator draft a letter to the County encouraging them to
investigate the sale of the property for office or commercial use as they
have reservations about the increase of truck traffic on Jackson Avenue.
The City Administrator informed the Council that an HRA meeting will be
held on Tuesday, April 25, 1989, at 4:00 p.m.
The City Administrator also informed the Council that a special city
council meeting needs to be held May 8, 1989, for the purpose of the
appraisals being presented to the Council.
COUNCILMEMBER KROPUENSKE MOVED TO HOLD A SPECIAL CITY COUNCIL MEETING ON
MONDAY, MAY 8, 1989, AT CITY HALL. 7:30 P.M. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The City Administrator distributed to the Council a letter from the City
Engineer in regard to a study for Otsego Township using the City of Elk
River's sewer plant. Otsego has requested the City's Engineer to
evaluate costs regarding this matter at a charge not to exceed $1,000 to
be paid by Otsego Township.
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Dick Fursman, Economic Development Coordinator, indicated he would like
to update the Council on economic development issues. Mr. Fursman stated
that he has been working with Rob VanValkenburg and Mike Leary who are
proposing to locate an AmericInn and a conference center in the City of
Elk River on a parcel of land located on the corner of Highway 169 and
Highway 10. He indicated that TIF is being requested. Mr. Fursman
stated that after consulting city staff and consultants, it is in the
best interest of the community and everyone in the area to bring sewer
~nd water to the site. He stated that a portion of the tax increment
funds captured could be used for the utilities.
An ensuing discussion was held to consider the impact that bringing sewer
and water to the east part of the City would have on plans to bring
utilties to the west of the City. Councilmember Kropuenske questioned
whether this would dilute the finances to be used for the western area of
the City. The City Administrator indicated that these would be
considered as two separate projects and would have no effect on the
western area utilities. He stated that the RDF has enough increment to
handle financial assistance for both projects. He further indicated that
the sewer department has the capacity to handle both projects.
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Discussion was held regarding the hotel/conference center having its own
sewer system. It was indicated that this would be very expensive and
further that the system would be in an environmentally sensitive area.
Mayor Tralle indicated he would prefer to see City sewer and water but
would like to see some figures before he makes a decision. It was
indicated that an EDA meeting may be called for May 8. 1989. so staff
may present the EDA with more information on this item if available.
The City Administrator indicated that he has had discussions with Dr.
Flannery, School District Superintendent, regarding the School District's
shortage of space for maintenance. He stated that Dr. Flannery is
looking for a short term solution so that they can put together a long
range plan. He stated that a possible answer would be the City expanding
their garage and renting the space to the School District, which would in
turn help pay for the expansion. He informed the Council that both the
School and the City are considering this possibility.
There being no further business. COUNCILMEMBER DOBEL MOVED TO ADJOURN THE
MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER KROPUENSKE SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
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The meeting of the Elk River City Council adjourned at 9:40 p.m.
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Sandy Thackeray
Deputy City Clerk