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Page 4 the advice of the City Attorney, Peter Beck, that if the City collects e City Council Minutes July 18. 1988 the impact fees as recommended by Staff. they should be prepared to treat other Developers in the same manner. The City Attorney also indicated he would like to see a policy in place as to the method of collecting impact fees. Mayor Gunkel indicated that this case could be considered unique due to the fact that this was the first plat in which these two types of impact fees have been collected. COUNCILMEMBER TRALLE MOVED TO APPROVE THE PROCEDURE RECOMMENDED BY STAFF IN THE COLLECTION OF IMPACT FEES AND FEES FOR THE FIRST SEAL COATING IN THE HIDDEN CREEK DEVELOPMENT WITH THE CASH PAYMENT TO BE PAYABLE IN THREE YEARS AND TO BE SECURED BY THE MORTGAGES OF SIX LOTS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED THAT NO OTHER SIMILAR SITUATIONS BE CONSIDERED UNTIL STAFF DRAFTS. AND COUNCIL ACCEPTS. A POLICY FOR THE METHOD OF COLLECTION OF IMPACT FEES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Ordinance Amendment e COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 88-21, AN ORDINANCE AMENDING THE CODE OF ORDINANCES. SECTION 604.08(3). INCREASING THE CITY LANDFILL FEE FROM $.25 PER CUBIC YARD TO $.35 PER CUBIC YARD. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. & 6.4. Street Vacation and Administrative Subdivision Request/Shane Groth/Public Hearing Mayor Gunkel indicated tabled from the May 16. Groth is also requesting used as a street and will that the Administrative Subdivision Request was 1988. City Council meeting. She noted that Mr. an easement vacation for property that has been no longer be used in such a manner. Mayor Gunkel opened the public hearing at this time. Mayor Gunkel entered into the record two letters from Mr. John MacGibbon. dated July 7, 1988. opposing the vacation. Mr. Rick Clough. representing Mr. and Mrs. John MacGibbon. questioned whether the vacation was for the dedicated or prescription portion of the road. He argued that this may determine that the City is not following the correct easement vacation procedures. e Mr. Clough also indicated that it was the duty of the Council to find that this easement vacation would benefit the citizens of Elk River. Mayor Gunkel indicated that a public hearing has been held regarding the Main Street project and the Council did determine that it was in the best interest of the public to create a T intersection, which would result in vacating of the unused portion of the road. She further indicated that the T intersection is a MSA requirement.