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City Council Minutes <br />October 11, 2010 <br />Page 2 <br />A. 3.2. PERCENT OFF-SALE MALT LIQUOR LICENSE VALID • <br />NOVEMBER 1, 2010 THROUGH JUNE 30, 2011 <br />B. TOBACCO LICENSE VALID NOVEMBER 1, 2010 THROUGH <br />DECEMBER 31, 2011 <br />3.4. 3.2. PERCENT OFF-SALE MALT LIQUOR LICENSE FOR JT'S BP INC. <br />VALID THROUGH JUNE 30, 2011 <br />3.5. RESOLUTION 10-51 AUTHORIZING THE CITY OF ELK RIVER TO <br />PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES <br />PROGRAM. <br />MOTION CARRIED 5-0. <br />4. Open Mike <br />No one appeared for open mike. <br />5.2. Midwest Mini Storage (Kostreba, <br />Russell and Ryan Kostreba, 15930 Jarvis Street NW -expressed frustration with being <br />required to complete conditions imposed as part of their original conditional use permit due <br />to the cost of the landscaping and erosion control requirements. The Kostreba's requested <br />they be allowed to deviate from city ordinance and plant smaller trees and in phases. <br />Mr. Barnhart explained that city ordinance is quite specific on the requirements for <br />landscaping. He stated that as outlined in city ordinance, the Kostreba's have been given the <br />choice to plant the required trees or provide escrow or a letter of credit. He suggested the <br />Council hold firm on the ordinance requirements because the ordinance is specific so all <br />developers are required to adhere to the same requirements. <br />Ms. Haug stated that erosion control is a requirement of any development in the city. She <br />indicated that at the request of Mr. Paul Estuesta, MPCA Pollution Control Specialist Senior, <br />Construction Stortnwater, Ms. Blake-Bradley met Mr. Estuesta at the Kostreba site and he <br />concurred that steps need to be taken to control the erosion. <br />Mayor Klinzing questioned if the erosion control that was completed by the Kostreba's in <br />the past was sufficient. Ms. Haug noted that the work the Kostreba's did caused additional <br />erosion. She recommended that the Kostreba's hire an engineer to design an erosion control <br />plan for them that will work. <br />Russell Kostreba stated the erosion control plan put in place failed because of the heavy <br />rainfall. He requested they be allowed to redo it the same way. Ms. Haug stated that a plan <br />will need to be resubmitted for approval and that if it fails again the Kostreba's will be <br />responsible for fixing it. <br />Russel Kostreba requested they be allowed to plant four to six-foot trees in three phases. <br />Discussion took place on the Kostreba's providing an escrow. The Kostreba's indicated they <br />do not have sufficient funds for an escrow and are unable to obtain a letter of credit. <br />Ms. Johnson explained that city staff has been adhering to the requirements set forth in city <br />ordinance. If the Council wishes to deviate from that ordinance, staff will need to know how <br />to respond to future requests. • <br />