07-25-1995 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 25,1995
Members Present:
Chair Kuester, Commissioners Dillon, Sullivan, Minton,
and Thompson. Commissioner Tacheny arrived during Item 4.
Members Absent:
Commissioner Kreger
Staff Present:
Steven B. Ach, City Planner; Gary Schmitz, Planning Assistant; Terry
Maurer, City Engineer; Debbie Kleckner, Recording Secretary
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 7 p.m. by Chair Kuester.
COMMISSIONER MINTON MOVED TO APPROVE THE JULY 25, 1995 PLANNING
COMMISSION AGENDA. COMMISSIONER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
The following correction to the June 26, 1996 Planning Commission minutes was
noted:
Page 9 - Item 5.5. - Replace conditions with corrected conditions
COMMISSIONER THOMPSON MOVED APPROVAL OF THE 6/27/96 PLANNING
COMMISSION MINUTES. COMMISSION DILLON SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
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Commissioner Minton will attend the August 21, 1995 City Council Meeting.
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Staff report by Gary Schmitz. Daniel Hanson has requested a variance to the
minimum lot area and lot width requirements in the R-1 c zoning district, at 18857
Albany Street. The applicant is proposing an administrative subdivision of Lot 10
and 11, Block 9, in the Westwood Subdivision, which were previously combined
before city services were extended. The two lots were assessed separately even
though the parcels were combined because the City felt that this lot could be
subdivided at a later date. A variance is required because the original parcels
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Planning Commission Meeting Minutes
July 25, 1995
Page 2
do not meet the minimum requirements of 10,000 square feet in size and 80 feet
of frontage. Gary explained that the majority of the parcels in the Westwood
Subdivision measure 75' wide by 120' - 140' in depth. The applicant can show a
hardship due to the fact that he was assessed by the City for two separate
parcels. Also, the lot size and width would not be out of character within the
Westwood Subdivision. Gary noted that a lot area and lot width variance similar
to this request was approved last year.
Terry Maurer explained the assessment was based on front footage. The
applicant was assessed for 150 feet, based on the fact that there were
potentially two buildable lots.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSION TACHENY MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE VARIANCE REQUEST BY DANIEL AND FAITH HANSON, PUBLIC
HEARING CASE NO. V 95-6, BASED ON THE FACT THERE WAS NOT OPPOSITION
DURING THE PUBLIC HEARING AND, BASED ON THE FOLLOWING FINDINGS:
1. SEVERAL OF THE PARCELS IN THE WESTWOOD SUBDIVISION ARE 75' X 120';
THEREFORE, THIS REQUEST WOULD BE CONSISTENT WITH THIS SUBDIVISION
AND NOT BE OUT OF CHARACTER WITH THE SURROUNDING AREA.
2.
THE APPLICANT CAN SHOW HARDSHIP IN THE FACT THAT THIS PARCEL WAS
ASSESSED AS TWO LOTS BY THE CITY WHEN CITY SEWER AND WATER WAS
EXTENDED PAST THE PROPERTY.
3. THE VARIANCE WOULD NOT BE INJURIOUS OR ADVERSELY AFFECT THE
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OR NEIGHBORS AND IS IN
KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE.
COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Dan Smith requests a conditional use permit for site plan review to construct a
4,415 square foot Perkins Family Restaurant & Bakery within the Elk River Retail
Center Planned Unit Development. The restaurant is to be located in the
northeast corner of Elk Hills Drive and U.S. Highway 169.
Staff report by Steve Ach. Steve reviewed information presented in his report to
the Planning Commission regarding the site plan, drainage and utilities, parking,
landscaping, and architecture. Steve suggested consideration be given to the
color scheme, flag pole height and hours of operation. Steve noted that a 70'
flag pole is proposed, and would be higher than other flag poles, signs and
structures along Highway 169.
Daniel Smith, applicant, stated the additional landscaping on the Dodge Street
side and around the refuse collection site was not a problem. He added that the
berm was proposed to be 2-1/2 feet. Mr. Smith requested approval for a 70 foot
Planning Commission Meeting Minutes
July 25, 1995
Page 3
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flag pole. He stated that the flags are taken down when winds reach the 18 - 22
m.p.h. range. He stated that there was no reference in the City Code to
restrictions on the height of flag poles. Dan stated that he feels a 24 hour
operation is needed to survive financially, especially when the first restaurant
opens. He stated that if Perkins determined that a 24 hour operation is not
warranted, they would consider reducing hours. Mr. Smith stated the lower
portion of the building I s exterior walls would be a terra cotta color.
Chair Kuester opened the public hearing.
Eleanor Todahl, 280 Evans Avenue, expressed her support for the proposed
Perkins Restaurant. She stated Elk River was known as the flag city supported the
large flags typically flown by other Perkins Restaurants.
Letters of support were submitted by Herbert Bahlmann, Ruth Harpster, and
Cecilia Lewis, all residents at Angel Ridge Apartments.
Mike Kedrowski, 18837 Dodge street, stated that he lives directly across the street
from the proposed restaurant. He expressed concerns regarding location of the
driveway, headlights from vehicles shining directly into his home, increased traffic
on Dodge Street, the request for 24 hour operation, and the large flag.
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Arlon Fuchs, 266 Elk Hills Drive, stated he felt that additional conifers and the
proposed berm were essential for buffering. He suggested a 5 am opening time
and 11 pm closing of the restaurant. Mr. Fuchs expressed opposition to the 70
foot flagpole. He stated he supported using earthtones for the exterior of the
building.
Mark Kramer, 242 Elk Hills Drive, questioned who would maintain the drainage
pond. Mr. Kramer suggested that additional conifers be required to buffer the
restaurant from the adjacent properties. He also suggested that some of the
parking be placed on the west side of the restaurant to reduce the number of
vehicle headlights shining into neighboring properties.
Arlon Fuchs questioned whether or not the elevation of the site would be brought
down to be more in line with Highway 169.
Steve Ach explained that grading would be done in the northern portion of the
development, but he was not sure of how the final grade would compare to
Highway 1 69. Steve indicated that the association document recorded with the
planned unit development would address ownership and maintenance of the
drainage pond.
Pat Hetrick, 271 Elk Hills Drive, objected to 24 hours of operation. She expressed
concern that a buffer of trees was supposed to have been planted as part of the
Barrington PUD and was never done.
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Jackie Kedrowski, 18873 Dodge Avenue, stated she felt this PUD did not address
safety concerns regarding traffic and visual barriers. She felt there is a problem
with speeding on Dodge. She referred to the road as having a "Level F"
designation. Mrs. Kedrowski expressed their willingness to work with the City
and/or the developer in resolving these issues.
Planning Commission Meeting Minutes
July 25, 1995
Page 4
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Chair Kuester closed the public hearing.
Commissioner T acheny questioned why the sidewalks were placed on the west
side of Dodge Street. Steve Ach explained that if the sidewalk were extended
north to 193rd, the west side has the least obstructions. Terry Maurer added that
it was unlikely that a sidewalk would fit on the east side of Dodge, due to the
steep grade of the existing driveways.
Discussion followed regarding speeding on Dodge Street. Terry explained
speeding is an enforcement issue and there is little that can be done with the
design of the road to reduce speeds. He stated that placement of a stop sign
often causes drivers to speed up because the perceive they are losing time
because of it. Terry explained the "Level F" designation for the southbound lane
of Dodge Street related to gaps in traffic and delay time, rather than safety.
Discussion followed regarding the elevation of the driveway for the proposed
restaurant. Terry Maurer stated that the Kedrowski home elevation was
approximately 950 feet, the driveway for the proposed restaurant at Dodge
A venue would be 946 feet, and the restaurant itself would be at 942 feet.
Commissioner Minton stated that the 4 foot drop in elevation should cause
headlights to be directed into the embankment, rather than into the homes.
Tom Dillon suggested that the Perkins driveway be flattened out so that vehicle
headlights would project into the bank, rather than upwards.
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Commissioner Sullivan questioned how strongly Mr. Smith felt about the 70 foot
flagpole. He stated he strongly favored the 70 foot flagpole, but that he did not
want the issue to slow down the process. Commissioner Minton stated that he felt
the large flag was used as a method of advertising and that a smaller flag would
serve just as well.
Discussion was carried on regarding the hours of operation. Dan Smith explained
that new Perkins Restaurants are open for 24 hours, and reviewed after six months
to determine if the 24 hour operation is cost-effective. He requested that he be
allowed to try the 24 hour operation initially, and make adjustments in the hours if
conditions warrant. Arlon Fuchs stated he felt it would be more appropriate to
start with reduced hours, and review in six months for 24 hour operation.
Commissioner Tacheny stated he felt the 24 hour operation could be tested and
then reviewed in six months, so that the impact of noise and lights on the
neighboring properties could be assessed.
Mr. Smith expressed his willingness to meet with the neighbors to resolve issues of
concern.
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Steve Ach responded to Commissioner Minton's question concerning trees and
berming by stating that 6 - 8 foot pine trees would be included in the
landscaping plan. He added that there will be a grade change from the
parking lot to the street and that an additional berm could be added for
buffering.
COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY DAN SMITH FOR A CONDITIONAL USE PERMIT FOR A
PERKINS RESTAURANT, PUBLIC HEARING CASE NO. CU 95-15, CITING INFORMATION
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Planning Commission Meeting Minutes
July 25, 1995
Page 5
IN STAFF'S MEMO AND COMMENTS MADE DURING THE PUBLIC HEARING AS
REASONS FOR APPROVAL; WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS STATED IN STAFF'S MEMO TO PLANNING COMMISSION,
DATED JULY 25, 1995, BE INCORPORATED INTO THE REVIEW PLANS.
2. COMMENTS FROM THE CITY ENGINEER IN THE MEMO DATED JULY 17, 1995,
BE INCORPORATED INTO THE REVISED PLANS.
3. THE PROPOSED RESTAURANT MAY NOT RECEIVE A CERTIFICATE OF
OCCUPANCY UNTIL THE ROAD IMPROVEMENTS TO DODGE STREET AND ELK
HILLS DRIVE ARE SUBSTANTIALLY COMPLETED.
4. HOURS OF OPERATION SHALL BE 24 HOURS A DAY, 7 DAYS A WEEK, WITH
THE CONDITION THAT A PUBLIC HEARING WILL BE HELD BY THE PLANNING
COMMISSION AFTER SIX MONTHS OF OPENING OF THE RESTAURANT, TO
REVIEW THE HOURS OF OPERATION.
5. DELIVERIES SHALL BE MADE BETWEEN THE HOURS OF 7 AM AND 7 PM.
6. THE PROPOSED FLAG POLE HAVE A MAXIMUM HEIGHT OF 35 FEET WHICH IS
CONSISTENT WITH SIGNAGE IN THE C3 ZONING DISTRICT AND AS
REPRESENTED ON THE APPROVED DEVELOPMENT PLANS FOR THE PUD.
7.
ALL CONDITIONS SET FORTH IN THE PLANNED UNIT DEVELOPMENT
AGREEMENT FOR ELK RIVER RETAIL CENTER BE MADE PART OF THIS PERMIT.
8. THE FINAL PLAT, DEVELOPER'S AGREEMENT AND PUD AGREEMENT SHALL BE
EXECUTED AND RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT.
COMMISSIONER DILLON SECONDED THE MOTION.
Steve Ach suggested that neighboring residents are welcome to come to City
Hall to review the plans and that he would keep them up to date on any
changes that may occur. Commissioner Minton noted Mr. Smith has indicated
he will be available to meet with the neighbors to discuss their concerns.
THE MOTION CARRIED 6-0.
Staff report by Gary Schmitz. Lee Fredrickson is requesting a conditional use
permit to operate an automobile sales lot along with associated automobile
repair on Lots 8 & 9, Block 2 in the AR-MON Commercial Park. He proposes to
relocate his existing car sales lot (Lee's Riverside Auto) on Highway 10. Mr.
Fredrickson has submitted a site plan for a 3,100 square foot building which will
serve as an office/showroom, with an area in the rear of the building for minor
auto repair.
The current users in the Ar-Mon Commercial Park consist of Metro Trucking &
Gravel(owners of Lots 2, 3, 4, 5 and 6, Block 1, and Lots 3 and 4, Block 2), and a
Planning Commission Meeting Minutes
July 25, 1995
Page 6
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single family home (located on Lot 1, Block 2). Mr. Fredrickson owns Lots 5
through 9, Block 2, Lot 1 Block 3, as well as Lots 7 through 10, Block 1. Gary
explained that the applicant is requesting that a driveway be allowed to
intersect with Highway 10, rather that a city street. Mr. Fredrickson is concerned
with the cost of constructing a road to service only one user. Staff recommends
that 156th Lane be built all the way from Highway 10 to 156th Avenue, to allow
for the orderly development of the lot to the east and potentially, the lots to the
north.
Lee Fredrickson, applicant, indicated he is requesting a driveway be allowed,
rather than a city street. due to costs.
Gary noted that Mn/DOT has recommended approval of a right-in right-out-only
intersection, and that the applicant will be required to install a turn lane on
westbound Highway 10. Information on landscaping and the building exterior
was provided. Gary stated that a drainage and grading must be submitted prior
to City Council review.
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Gary stated Mr. Fredrickson also owns property in the City of Ramsey which is
adjacent to Lot 1, Block 3 in the Ar-Mon Commercial Park. The City of Elk River
has received a letter from the City of Ramsey, indicating the conditional use
request is not compatible with Ramsey's B-1 (Business District) zoning district
located directly east of the subject property. The City of Ramsey requested if the
permit was approved, that their performance standards for used car lots in the B-
3 (Highway Business District) be taken into consideration (Le., paved driveways,
display, customer/employee parking, maneuvering areas, concrete curb,
setbacks). Gary stated that the site plans shows a setback of 20 feet from the
parking area to the lot lines. Gary indicated he has discussed with Ramsey the
possibility of connecting a frontage road in the this area to the 153rd area in
Ramsey. Steve Ach added that a frontage road in this location would be the
best transportation system to serve property in Elk River as well as Ramsey.
Chair Kuester opened the public hearing.
Tony Derunges, attorney representing Metropolitan Gravel Company, stated a
previous arrangement had been made with the City to vacate 156th Avenue. He
explained that apparently this was not done. He stated that Metro Gravel
purchased the lots on Highway 10 for a retail operation, based on that
understanding. He stated they have obtained the necessary forms to vacate the
street.
Mr. Derunges explained that Metro Gravel is a trucking and truck repair facility.
The company has a contract with NRG, a subsidiary of NSP, to haul the refuse-
derived fuels to the burn facility. Metro repairs their trucks and NSP's trailers at
their facility, as well as dispatching from this location. The entrance to the facility
is located on Jarvis, across from Renner Well Drilling. Mr. Derunges stated Metro
is opposed to the request because he feels that Mr. Fredrickson will eventually
develop the rest of his property, and he estimated Metro would be assessed
approximately $88,000 for the construction at 156th Avenue.
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Chair Kuester closed the public hearing.
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Planning Commission Meeting Minutes
July 25, 1995
Page 7
Discussion followed regarding the necessity for the city street at this time. Terry
Maurer explained the difficulty in assessing for road improvements after property
is developed.
Gary Schmitz stated that there were minimal environmental concerns, noting
that the area would have a bituminous surface with concrete curb and gutter.
Discussion followed regarding compatibility of light industrial uses with
commercial uses.
COMMISSIONER DILLON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY LEE FREDRICKSON FOR A
CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 95-16, BASED ON THE
INFORMATION PRESENTED IN STAFF'S REPORT TO THE PLANNING COMMISSION, THE
LETTER FROM CITY ENGINEER, LETTER FROM THE CITY OF RAMSEY, THE LETTER FROM
MN/DOT, AND INFORMATION RECEIVED DURING THE PUBLIC HEARING, WITH THE
FOLLOWING CONDITIONS:
1. THE DETAILS OF DRAINAGE,GRADING AND LIGHTING PLANS BE REVIEWED
AND APPROVED BY STAFF PRIOR TO THE MEETING WITH THE CITY COUNCIL.
2. APPROVAL OF APPROPRIATE PERMITS FROM THE MINNESOTA POLLUTION
CONTROL AGENCY BE OBTAINED FOR INSTALLATION AND INSPECTION OF
AN ON SITE SEPTIC SYSTEM.
3.
ALL COMMENTS LISTED IN THE JULY 17, 1995, MEMO FROM CITY ENGINEER
TERRY MAURER BE INCORPORATED INTO THE SITE PLAN.
4. ALL GRADING WITHIN MN/DOT RIGHT-OF-WAY REQUIRES A PERMIT FROM
MNDOT.
5. THE ENTIRE PARKING AND DRIVE AREA WITH THE EXCEPTION OF THE NORTH
SIDE OF THE PARKING LOT BE BOUND BY A CONCRETE CURB AND GUTTER
(B612) AS SEYFORTH IN THE ZONING ORDINANCE.
6. LOTS 8 & 9, BLOCK 2, AR-MON COMMERCIAL PARK BE COMBINED INTO
ONE PARCEL.
7. SOME ORNAMENTAL TREES BE SHIFTED TO THE SOUTH SIDE OF THE PARCEL, IN
ORDER TO BALANCE THE LANDSCAPING ON SITE AND PROVIDE A POSITIVE
IMAGE ALONG HIGHWAY 10.
8. THERE BE NO DISPLAY OF VEHICLES ON LANDSCAPED AREAS.
9. THE APPLICANT COORDINATE WITH MNDOT FOR THE CONSTRUCTION OF A
RIGHT TURN LANE ON HIGHWAY 10.
10. A PERMIT FROM THE FIRE CHIEF BE OBTAINED FOR ANY STORAGE TANKS.
11.
A MONUMENT-STYLE SIGN (20' HIGH) BE REQUIRED FOR THE FREESTANDING
SIGN.
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Planning Commission Meeting Minutes
July 25, 1995
Page 8
COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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staff report by steve Ach. The City of Elk River is requesting to amend the
nonconforming use section of the zoning ordinance relating to the amortization
period of nonconforming junkyards. Steve explained that this ordinance is being
brought forward as a result of the rezoning of Custom Motors from 1-1 to
residential. Currently, the amortization period is five years, and the amendment
would allow businesses like Custom Motors ten years to relocate to an
appropriate site.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 900.34(5) - NON-
CONFORMING USES, PUBLIC HEARING CASE NO. OA 95-8. COMMISSIONER
TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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Staff report by Gary Schmitz. The City of Elk River is requesting an ordinance
Amendment which would add a 5-foot driveway setback from side property lines
for all zoning districts. The Commissioners discussed the need for a definition of a
driveway.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER THOMPSON MOVED TO CONTINUE THE PUBLIC HEARING FOR THE
CITY OF ELK RIVER REQUEST FOR AN ORDINANCE AMENDMENT (SECTION 900.24(4)
- DRIVEWAY SETBACK), PUBLIC HEARING CASE NO. OA 95-10. COMMISSIONER
SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Staff report by Gary Schmitz. The City of Elk River is requesting an ordinance
amendment, which would change the fence ordinance to include some
construction aesthetic standards for fences.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE CITY OF ELK RIVER REQUEST FOR AN ORDINANCE AMENDMENT
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Planning Commission Meeting Minutes
July 25, 1995
Page 9
(SECTION 900.20(6) - FENCES), PUBLIC HEARING CASE NO. OA 95-11.
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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staff report by Gary Schmitz. The City of Elk River has requested an ordinance
amendment. which would allow attached garages to be located within 5 feet of
side property boundaries in city-sewered single-family residential zoning districts.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND A
APPROVAL OF THE CITY OF ELK RIVER REQUEST FOR AN ORDINANCE AMENDMENT
SECTION 900.18 AND 900.20(3) - SETBACKS FOR ACCESSORY STRUCTURES, PUBLIC
HEARING CASE NO. OA 95-12. COMMISSIONER MINTON SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
Steve Ach provided information to the Commissioners regarding the upcoming
State Planning Conference to be held in Alexandria, Minnesota, September 27th
through September 29th. Steve noted that next year's conference is planned for
Sf. Cloud.
Steve Ach distributed copies of the 1995 budget expenditures.
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Steve Ach requested that the Planning Commission consider discussing this issue
at a workshop. Chair Kuester requested information from other cities be made
available regarding minimum lot sizes for residential zoned property in urban
service districts.
There being no further business, COMMISSIONER SULLIVAN MOVED TO ADJOURN
THE MEETING. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 10:05 pm.
Respectfully submitted,
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Debbie Kleckner
Recording Secretary