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City Council Minutes Page 2 July 15, 2002 3.5. REQUEST BY DANIEL O'BRESKY FOR CONDITIONALUSE PERMIT FOR SUBWAY RESTAURANT (ELK RIVER CROSSING 4x"), PUBLIC HEARING - CASE NO. CU 02-24 - TABLED TO 8/19/02 3.6. REQUEST BY TOLLEFSON DEVELOPMENT FOR PRELIMINARY PLAT APPROVAL (TWIN LAKES CROSSING), PUBLIC HEARING - CASE NO. P 02-05 - TABLED TO 8/19/02 3.7. REQUEST BY RAYMOND RENNER FOR EASEMENT VACATION, PUBLIC HEARING - CASE NO. EV 02-05 - TABLED TO 8/19/02 3.8. AUTHORIZATION TO BUDGET THE 2002 PENSION CONTRIBUTION OF $23,400 TO THE ELK RIVER FIRE RELIEF ASSOCIATION 3.9. AUTHORIZATION TO ALLOW THE EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT AUTHORITY TO EXECUTE THE NECESSARY DOCUMENTS FOR PARTICIPATION IN THE MINNESOTA COMMUNITY CAPITAL FUND AND TO DEPOSIT $50,000 FROM THE CITY OF ELK RIVER MICRO LOAN FUNDS TOWARDS THIS FUND COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Kuester thanked Tom Mesich for his exemplary service on the Planning Commission. 3.1. City Administrator Pat Klaers requested two changes to Item 5.3., Consider Bids for Public Safety Facility and for City Hall/Utilities Addition. COUNCILMEMBER MOTIN MOVED TO APPROVE THE JULY 8, 2002 MINUTES WITH THE RECOMMENDED CHANGES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike Ross Bengston, 374 Baldwin Avenue - Stated that he had a sewer backup in his basement. He stated that his insurance and the city's insurance company both denied his claim. He believed the city was responsible for the backup (as the backup happened in the city's section of the sewer line) and they should pay for the damage to his basement. He wants $4,800 to pay a bill to Service Master for cleaning and for ripping out carpeting, sheetrock, and other miscellaneous items. He would like another $3,500 to replace the carpet, insulation, and sheetrock. Finance Director Lori Johnson explained the claims process. She stated that the city's insurance company denied the claim because the city was diligent in maintaining the sewer lines and is therefore not negligible for causing damages to the Mr. Bengston's basement. She stated that the claim was also denied due to the timeliness of Mr. Bengston's phone call to the city.