01-20-1988 CC MIN - SPECIAL
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SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
WEDNESDAY, JANUARY 20, 1988
HELD AT THE ELK RIVER CITY HALL
MEMBERS PRESENT:
Mayor Gunkel, Counci1members Dobe1 and Holmgren.
Counci1member Schuldt arrived at 7:05 p.m. and
Counci1member Tra11e arrived at 9:50 p.m.
MEMBERS ABSENT:
None
STAFF PRESENT:
Pat K1aers, City Administrator; Stephen 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 Gunkel at 7:00 p.m.
2. Consideration of 1/20/88 City Council Agenda
Item 3.1
interview;
Business.
was moved to 3.5a; item 5.5 was deleted due to withdrawal from
and miscellaneous discussion items were added under Other
COUNCILMEMBER DOBEL MOVED TO APPROVE THE 1/20/88 CITY COUNCIL AGENDA AS
AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED
3-0.
Counci1member Schuldt arrived at this time.
3.2. Administrative Subdivision Request by Merritt Mahutga/Pub1ic Hearing
Mayor Gunkel indicated that Merritt Mahutga is requesting an
administrative subdivision to split an 80 acre parcel into two parcels;
one parcel of 4.25 acres will accommodate his existing home and the
other parcel of 75 acres. Mayor Gunkel noted that staff has reviewed
both parcels and they appear to be adequate for on-site septic and
building sites.
The Building and Zoning Administrator reviewed the Staff recommendations
for this administration subdivision.
Mayor Gunkel opened the public hearing. No one appeared for or against
the matter. Mayor Gunkel closed the public hearing.
COUNCILMEMBER DOBEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY MERRITT MAHUTGA FOR THE PROPERTY LOCATED AT THE E 1/2 OF
THE SE 1/4 OF SECTION 35. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY, MN
WITH THE FOLLOWING CONDITIONS:
\. THAT $aoo IN PA~ DEDICATION FEES BE PAID TO THE CITY FOR THE
ADDITIONAL LOT CREATED IN THIS SPLIT.
2. THAT ANY ADDITIONAL DRIVEWAYS ENTERING ONTO COUNTY ROAD 12 BE
APPROVED BY THE COUNTY ENGINEERING DEPARTMENT THROUGH A PERMIT.
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City Council Minutes
January 20, 1988
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3. THAT EITHER OR BOTH LOTS. IF THEY ABUT TROTT BROOK, HAVE A MINIMUM
OF 100' OF FRONTAGE ALONG THE BROOK.
4. THAT TWO NEW LEGAL DESCRIPTIONS BE PROVIDED TO THE CITY FOR
RECORDING.
S. THAT NO ENCROACHMENTS ON SETBACKS ARE CREATED BY THE NEW LOT LINES
TO THE EXISTING BUILDINGS ON THE PROPERTY.
{3€nffitllbMPll@~R HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
3.3. Variance Request by Dale Robarge and Janice Wendorff/Public Hearing
Mayor Gunkel explained that Dale Robarge and Janice Wendorff of 20460
Meadowvale Road are requesting a 75 foot encroachment on the minimum 300
foot setback required from an agricultural building to neighboring
residences. Mayor Gunkel indicated that the Planning Commission has
reviewed this item and unanimously recommended approval.
Mayor Gunkel opened the public hearing. There being no one for or
against the matter, Mayor Gunkel closed the public hearing.
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The
for
that
for
does
Building and Zoning Administrator noted that the formal request was
a 75 foot variance but after this was advertised, it was determined
a 48 foot variance was needed. Mr. Rohlf also explained the reason
the variance request which is due to a pond on the property that
not allow them to meet the 300 foot setback requirement.
COUNCILMEMBER DOBEL MOVED TO APPROVE A 50 FOOT VARIANCE TO THE MINIMUM
300 FOOT SETBACK REQUIRED FROM AN AGRICULTURAL BUILDING TO A NEIGHBORING
RESIDENCE FOR PROPERTY LOCATED ON THE EAST 400 FEET OF THE WEST 1,400
FEET OF THE NORTH 1.329.86 FEET LYING SOUTHWESTERLY OF THE CENTER LINE
OF COUNTY STATE AID HIGHWAY NO. 32, SECTION 19, TOWNSHIP 33, RANGE 26.
COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0.
3.4. Conditional Use Permit Request by Kenneth Nord/Public Hearing
Mayor Gunkel indicated that Mr. Kenneth Nord is requesting a conditional
use permit to expand a grandfathered nonconforming use, a used car lot,
and also to make it a conforming use.
Peter Kimball, Planning Commission Representative, stated
Planning Commission unanimously recommended approval with
conditions.
that the
certain
Mayor Gunkel opened the public hearing. There being no one for or
against the matter, Mayor Gunkel closed the public hearing.
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COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL
REQUESTED BY KENNETH NORD TO ALLOW THE EXPANSION OF A USED
TO MAKE THIS A CONFORMING CONDITIONAL USE WITH THE
STIPULATIONS:
USE PERMIT
CAR LOT AND
FOLLOWING
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January 20, 1988
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1. SIGNAGE AS PER CITY CODE.
2. THE CUSTOMER PARKING AREA SHALL BE 45 DEGREE PARKING AND THE GREEN
SPACE TO THE EAST OF THE CUSTOMER PARKING SHALL BE REPLACED WITH A
FENCE TO SEPARATE THE PARKING FROM THE STREET.
~. THE ENTRANCE SHOWN ON THE SITE PLAN SHALL BE AN ENTRANCE ONLY AND
MARKED "ONE WAY TRAFFIC" THROUGH THE CUSTOMER PARKING AREA. ALSO,
'flit; t;XI'I' ~M~WN NEXT TO THE CUSTOMER PARKING AREA SHALL BE AN
ENTRANCE AND AN EXIT.
4. ALL PARKING AND DRIVES SHALL BE HARDSURFACED BY JULY 1, 1988.
5. THE DUMPSTERS SHALL BE SCREENED ON ALL SIDES.
6. THE SITE PLAN SHALL REFLECT TWENTY PERCENT (20%) GREEN SPACE.
7. ALL LIGHTS SHALL BE DIRECTED AWAY FROM ADJACENT RIGHT-OF-WAY AND
RESIDENTIAL PROPERTIES: AND LIGHTING MUST BEA MINIMUM OF 1 1/2 FOOT
CANDLES AT THE CUSTOMER AND EMPLOYEE PARKING AREAS.
8. THE PETITIONER SHALL BE ALLOWED TO SELL PRIVATE RECREATIONAL
VEHICLES, CARS AND TRUCKS UP TO ONE TON IN SIZE.
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9. THE FINAL DRAINAGE PLAN SHALL BE APPROVED BY STAFF; AND THE
EASEMENTS. IF NECESSARY. SHALL BE ACQUIRED BY THE PETITIONER.
10. THE LOCATION OF THE NEW BUILDING PROPOSED ON THE SITE PLAN SHALL BE
CONTINGENT UPON A VARIANCE BEING GRANTED ON THE FRONT YARD SETBACK.
11. THE PETITIONERS SHALL EXTEND THE EYEBROW (OVERHANG) SHOWN ON THE
SOUTH ELEVATION OF THE BUILDING THE FULL LENGTH OF THE EAST SIDE OF
THE BUILDING ALSO AND THERE SHALL BE BRICK BELOW THE EYEBROW AND
CEDAR ABOVE. THE REMAINDER OF THE BUILDING SHALL BE REQUIRED TO BE
COLORED BAKED ENAMEL STEEL INCLUDING THE ROOF.
12. THE PETITIONER SHALL BE ALLOWED TO SELL VEHICLES FROM A MOTOR HOME
FOR THREE MONTHS FROM THE DATE OF BUILDING PERMIT ISSUANCE TO AVOID
OCCUPYING STRUCTURES ON THE SITE DURING CONSTRUCTION.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
3.5. Variance Request by Kenneth Nord/Public Hearing
Mayor Gunkel indicated that Mr. Nord is also requesting a 13 foot
variance on the required 25 foot front yard setback in a C-3A zone. She
noted the variance would be from the southeast corner of a proposed
building to the right-of-way of Highway 10.
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The Building and Zoning Administrator noted that Mr. Nord is requesting
the variance to erect a new structure around his existing structure. He
indicated that Mr. Nord's existing structure presently encroaches on the
front yard setback. therefore, the new structure will also encroach.
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January 20, 1988
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Duane Kropuenske, Planning Commission Representative, indicated that the
Planning Commission's reaction was that the request was not unreasonable
because the building had been in the location for quite a few years and
that the reason for constructing the new building over the existing
building was mainly to preserve the equipment in the existing building.
Mayor Gunkel opened the public hearing. There being no one for or
against the matter, Mayor Gunkel closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE VARIANCE REQUEtJ'i' IY X~mm'fi1
NORD FOR A 13 FOOT ENCROACHMENT ON THE 25 FOOT FRONT YARD SETBACK TO
CONSTRUCT A NEW BUILDING. COUNCILMEMBER SCHULDT SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
3.1. Zone Change Request by Elizabeth Bigelow/Public Hearing
Mayor Gunkel indicated that Elizabeth Bigelow of 19175 Twin Lakes Road,
Elk River, is requesting a zone change on a parcel of land from
Agricultural zoning to single family residential zoning. She noted that
a part of the property in the zone change will be included in the Sunset
Ridge Plat which is the major reason for the zone change request. Mayor
Gunkel also stated that FHA financing cannot be received on agricultural
zoned land.
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Planning
Planning
Commission
Commission
Representative Duane Kropuenske indicated that the
recommended approval of the zone change request.
Mayor Gunkel opened the public hearing. There being no one for or
against the matter, Mayor Gunkel closed the public hearing.
COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 88-2, AN ORDINANCE
AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE THE FOLLOWING
PROPERTY FROM A-1 TO AN R-1A ZONE:
"THE WESTERN 1092 FT. OF THE SW 1/4 OF SECTION 25, TOWNSHIP 33,
RANGE 26. TOGETHER WITH THAT PART OF THE E 1/2 OF THE SE 1/4 OF
SECTION 26. TOWNSHIP 33. RANGE 26. LYING SOUTHERLY OF CENTERLINE OF
COUNTY STATE AID HIGHWAY /113."
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER SCHULDT MOVED TO UPDATE THE LAND USE MAP TO REFLECT A
LR/LIGHT RESIDENTIAL DESIGNATION. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
3.6. Preliminary Plat Review of the Plat of Sunset Ridge by Riverside
Development Company/Public Hearing
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Mayor Gunkel indicated that Riverside Development Company is requesting
a preliminary plat review of Sunset Ridge Plat. The plat consists of
twenty-four lots proposed to be divided from a 83 acre parcel. The
twenty-four lots shown on the plat map all meet the minimum lot size
requirement of 2 1/2 acres.
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Steve Rohlf. Building and Zoning Administrator. indicated that he has
been in contact with the following organizations and has reviewed the
conditions and regulations set by the organizations: City Engineer.
Terry Maurer. DNR. Soil and Water Conservation District. and County
Engineering Department. He noted he has listed the conditions in his
memo dated December 21. 1987.
Duane Kropuenske. Planning Commission representative. indicated that the
Planning Commission reviewed the plat. He indicated much discussion was
held between the Planning Commission and the petitioners on park
dedication money versus the City accepting an easement for a trail along
Trott Brook. He noted the Planning Commission is recommending that park
dedication money be accepted as per Phil Ha1s' recommendation. Also
discussed at length. Mr. Kropuenske noted. was the requirement for an
urban section design for streets. He noted the petitioner did not feel
that an urban section was necessary. Mr. Kropuenske further stated that
the Planning Commission is recommending approval of this plat with
certain conditions.
Mayor Gunkel opened the public hearing.
Rick Foster and Dennis Anderson were present as representatives of the
plat.
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The Counc il
an easement
Administrator
trail.
discussed the park dedication fee versus the acceptance of
for a trail along Trott Brook. The Building and Zoning
indicated that the ground is too low and swampy to build a
The Council also discussed the requirement of an urban section road.
Mr. Rick Foster voiced his concern regarding the grading of the land to
obtain an urban section of road. He stated it would be costly and a lot
of work to obtain this type of road; and further stated an urban section
of road would leave some water on some of the pieces of property. Mr.
Anderson stated that if the Council would allow a rural street he would
maintain any washes that occurred for a couple of years until the
borders are in place.
It was the consensus of the Council to have the petitioners discuss this
once again with the Street Superintendent. Phil Ha1s. and the Council
would make a decision at the time of final plat review.
Mayor Gunkel closed the public hearing at this time.
COUNCILMEMBER DOBEL MOVED TO APPROVE THE PRELIMINARY PLAT OF SUNSET
RIDGE WITH THE FOLLOWING CONDITIONS:
1, PIRK TESTS SHALL BE DONI ON INDIVIDUAL LOTS PRIOR TO BUILDING PERMIT
ISSUANCE.
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2. A $70.000 LETTER OF CREDIT SHALL BE ESTABLISHED IN THE FAVOR OF THE
CITY OF ELK RIVER FOR THE IMPROVEMENTS IN THE PLAT.
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3. NO DRIVEWAYS SHALL ENTER ONTO COUNTY ROAD NO. 13 FROM THE LOTS IN
THE PLAT.
4: IffiEl M,AN~ fO~ 'mE eONNlCTIONS FROM KENNEDY STREET AND LINCOLN STREET
TO COUNTY ROAD NO. 13 SHALL BE APPROVED BY THE COUNTY ENGINEERING
DEPARTMENT.
!I. EROSION CONTROL SHALL BE ENFORCED WITHIN THE PLAT AND THE "URBAN RUN-
Off. MllOfUON AND SMDIMlNT CONTROL HANDBOOK" SHALL BE USED AS A
STANDARD .
6. FINAL GRADING. DRAINAGE AND ROAD PLAN SHALL BE REVIEWED AND APPROVED
BY THE CITY ENGINEER TO BE UP TO CITY STANDARDS PRIOR TO FINAL PLAT
APPROVAL BY THE COUNCIL.
7. THAT THE CITY COLLECT $4,800 IN PARK DEDICATION FEES VERSUS
ACCEPTING AN EASEMENT FOR A TRAIL ALONG TROTT BROOK.
8. THE END OF LINCOLN STREET SHALL BE ROUGH GRADED AND SEEDED TO THE
BOUNDARY OF THE PLAT.
9. ALL LOTS WITHIN THE PLAT MUST BE A MINIMUM OF 2 1/2 ACRES IN SIZE
WITH A 150 FOOT OF FRONTAGE ON'THE CITY STREET.
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COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0.
The issue of street lighting in this subdivision was raised and the
Council indicated that the public safety needs for street lights should
be reviewed before final plat consideration.
4.1. Recording Secretary
Steve Rohlf. Building and Zoning Administrator indicated that Staff is
recommending the hiring of Katie Skogstad as recording secretary. He
stated Staff is recommending that she be hired at $6.00 per hour with a
review in six months and a raise in salary to $l.OO/hour if the review
is good. Councilmember Schuldt stated he would prefer to not make a
decision on the salary at the end of the probationary period until the
this time has been completed.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE HIRING OF KATIE SKOGSTAD AS
RECORDING SECRETARY WITH A SALARY OF $6.00/HOUR AND WITH A REVIEW IN SIX
MONTHS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-
o.
4.2.
American Legion Gambling License
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Mayor Gunkel indicated that the American Legion is requesting to renew
their gambling license for 1988. The Council took no action to veto
this application.
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4.3. Renewal of Cigarette & Mechanical Amusement Licenses
OOUNCILMlMBER DOBEt MOVED TO APPROVE CIGARETTE LICENSE RENEWALS FOR THE
FOLLOWING ESTABLISHMENTS: SNEAKY PETES. SIPES SERVICE AND WAPITI PARK
CAMPGROUND. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
COUNCILMKMBER HOLMGREN MOVED
RENEWALS FOR THE FOLLOWING
SNEAKY PETES AND ELK CINEMA.
THE MOTION CARRIED 4-0.
TO APPROVE MECHANICAL AMUSEMENT DEVICE
ESTABLI SHMENTS: ELK RIVER YOUTH HOCKEY,
COUNCILMEMBER DOBEL SECONDED THE MOTION.
Councilmember Schuldt stated that he had voted against the motion to
hire Steve Bockwitz and Steve Miller at top patrol salary because he did
not recall authorizing the hiring of two officers at top pay.
Councilmember Schuldt stated he was in error as the Council did
authorize the hiring of two Police Officers at top pay at the
November 5, 1987, City Council Meeting.
7.1.
Mill Rate Update
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The City Administrator indicated that the mill rate has decreased. The
Urban taxing district decreased 1.075 and the rural taxing district
decreased .012; however, UPA has increased slightly. He indicated that
these are preliminary figures from the County.
The City Council recessed at 8:20 for ten minutes.
5. Planning Commission Interviews
At this time applicants were interviewed for the Planning Commission as
the following members' terms have expired: Stewart Wilson, Mary Temple,
Duane Kropuenske, Peter Kimball.
The following people were interviewed:
Duane Kropuenske -
Peter Kimball -
Jerry Schroeder -
Nick Olson
Rita Johnson -
James Llewellyn -
Jim Rossman
8:30
8:45
9:00
9:15
9:45
10:00
10:15
p.m.
p.m.
p.m.
p.m.
p.m.
p.m.
p.m.
Councilmember Tralle arrived at approximately 9:45 p.m.
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After the interviews, the City Administrator stated that Ted Cornelius
had also requested to be considered, and further that Rolfe Anderson was
also requested by Staff for an interview, but he declined as he said he
was interested on remaining on the Park Board.
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City Council Minutes
January 20, 1988
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The Council discussed all candidates for the 4 Planning Commission
vacancies. After much discussion the Council agreed on Duane
Kropuenske and Peter Kimball, as they felt it was important to not have
too many new members at one time on the Commission, and further
indicated that both Peter and Duane were doing a good job as Planning
Commission members. The Council then decided on Rita Johnson as all
Councilmembers had her as one of their top 4 choices. It was the
consensus that she would be able to make intellegent decisions and
further that her background and involvement in other types of volunteer
programs would be as asset. Discussion was held on the fourth
candidate. The Council had two top candidates for this vacancy; Nick
Olson and Jerry Schroeder. Mayor Gunkel felt that the time involvement
and Mr. Olson's committment to the school was her reason for favoring
Jerry Schroeder and further she felt Jerry Schroeder has been involved
in the community at different levels. After further discussion the
Council chose Nick Olson as the fourth candidate. The Council indicated
that Mr. Olson has experience in decision making and further that he
would not be afraid to make unpopular decisions, and that he was
familiar with the Community.
COUNCILMlMBER DOBEt MOVED TO APPOINT THE FOLLOWING PEOPLE TO THE
PLANNING COMMISSION:
e DUANE KROPUENSKE - 12/31/90
PETER KIMBALL - 12/31/90
NICK OLSON 12/31/89
RITA JOHNSON - 12/31/90
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Counci1member Schuldt stated that they have chosen representatives from
all four wards in the City. Mayor Gunkel indicated that the choices
made keep a good mix of citizens on the Planning Commission and further
that it is important to retain the experience on the Planning
Commission. Mayor Gunkel further indicated she was pleased with the
number of applicants for the Planning Commission and stated that the
Staff should keep these names on file and contact them if other
positions open.
6. Check Register
COUNCILMEMBER TRALLE MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER
DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.2. State of the City Address
The City
State of
topics to
Administrator indicated that the Chamber will be hosting the
the City Address on February 16, 1988. The Council discussed
be used for presentations by Councilmembers and Staff.
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The following is a tentative list of topics:
Councilmember Tralle - Highway 101
Councilmember Holmgren - Parks and Recreation
Councilmember Schuldt - Downtown Beautification
Councilmember Dobel - Fire and Police Services
Mayor Gunkel - Community Interest
City Administrator - Growth Management
The Council decided to use "Vision of the Future" as a theme.
7.3. Meeting with County Commissioners
The City Administrator stated that the County Commissioners have
requested to meet with the City Councilmembers in regards to the Tax
Increment Financing District #4. The Council consented to meet on
Wednesday. February 3. 1988 at 7:00 p.m. at City Hall and to discuss the
following topics:
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TIF
Date available and price of County Administration Building
Joint economic development projects
County park system
Landfill
Recycling
7.4. Resolution to Hank Duitsman
COUNCILMEMBER TRALLE
APPRECIATION TO HENRY
UTILITIES COMMISSION.
MOTION CARRIED 5-0.
MOVED TO ADOPT RESOLUTION 88-6. A RESOLUTION OF
DUITSMAN FOR. HIS SERVICES ON THE MUNICIPAL
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
COUNCILMEMBER TRALLE MOVED TO EXTEND THE CITY COUNCIL MEETING PAST
MIDNIGHT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED
4-1. COUNCILMEMBER DOBEL VOTED NAY.
7.5. City Administrator Update
The City Administrator updated the Council on the status of the upcoming
1/21/88 Main Street (downtown beautification) "mock assessment hearing."
The City Administrator informed the Council that Atlas has not responded
to the City regarding their proposal or action taken by the Council at
the 1/4/88 public hearing.
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The City Administrator updated the Council on the situation regarding
the sanding of the streets. He stated he had received a memo from the
Street Superintendent stating that the need for sand this year has far
surpassed the amount budgeted for 1987 and that the weather conditions
has not made sanding very effective this year. The Council authorized
the Street Superintendent to order more sand.
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City Council Minutes
January 20, 1988
The City Administrator indicated that the Planning Consultants have
reached the maximum amount of dollars allowed by the City for the Growth
Management Plan.
eeUNCILMlMBER TULLE MOVED TO CONTINUE THE GMP CONTRACT FOR AN
ADD ITIONAL $5.000 WITH THE CONSUL TING CITY PLANNERS. COUNCIL MEMBER
DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The City Administrator stated
people for the Library Board,
Commission. The Council consented
the January 25, 1988, City Council
that a date should be set to interview
Rec Board and Economic Development
to interview for the Library Board at
meeting.
The City Administrator informed the Council that the Staff will be
interviewing for the position of Economic Development Coordinator on
Saturday, January 23, 1988 at 9:00 a.m. A tentative date of February 6,
1988, was set for City Council interviews.
Councilmember Tralle updated the Council on the Utility Commission
meeting and also on the Highway 101 meeting.
8.
Adjournment
There being no further business, COUNCILMEMBER DOBEL MOVED TO ADJOURN
THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The meeting of the Elk River City Council adjourned at 12:40 a.m.
~~
Sandy Thack ray
Recording Secretary