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LAKE ELMO CITY COUNCIL MINUTES MAY 16, 1989 PAGE 10 j M/S/P Williams/Graves - to amend the motion to include; whereas the City Council received a letter dated May 15, 1989 from Ed Gorman proposing submittal of a general concept plan to the City by December 1, 1989. (Motion carried. 5-0). M/S/P Graves/Moe - Whereas the City Council has received a letter dated May 15, 1989 from Ed Gorman proposing submittal of a site plan showing existing and proposed land elevations in 2-foot contours, drainage provisions, drainfield, locations, holding pond location and a General Concept Plan for proposed expansion to the City by December 1, 1989, and he agrees that any part of the fill that was brought onto the site that cannot be incorporated into a plan approved by the City will be removed from the site at his expense; The City Council approved reinstatement of the current fill permit for the White Hat Restaurant to Ed Gorman for up to a maximum of 20,000 cu.yds. which expires September 20, 1989, with the understanding that any further consideration for extension of the fill permit will not be considered until all the requirements as stated in our ordinances for concept plan approval such as: contours, grading and site plan, drainfield location, building location are submitted and approved by the City Council. When the 20,000 cu.yds. of fill have been reached, City Engineer, Larry Bohrer will submit his comments. (Motion carried 4-1: Dunn: This amount of fill should not have been granted without a grading and site plan submitted first to address any drainage concerns. This is too intense of a use for that specific parcel of land without a grading and site plan submitted first). B. Discussion: Close -Out, 201 Grant As we have come under budget with our grant expenditures, City Engineer, Larry Bohrer and Administrator Morrison asked Kathy Sather, MPCA, if we can now use some of those funds toward payment of possible extended legal fees. Ms. Sather checked into the EPA regulations and was unable to come up with anything that would permit extension of the grant period. M/S/P Graves/Williams - to direct the staff, City Administrator and City Engineer, administrativelylubmit all the necessary paperwork, but attached a letter statingjjw are providing this information under protest, f4t'hat we have been advised there is no other alternative,-hewever, (3)bg filing this we are not acquiescing to the MPCA statement, "that the budget period cannot be extended" because these are circumstances completely beyond our control.(4')Had these costs been able to be determined during the budget period, there is no question about the legality --it is merely the date. (Motion carried 5-0). M/S/P Graves/Hunt - to direct the staff, City Administrator and City Engineer, prepare a letter from the City Council to the State Senators, local Representatives and Director of the EPA outlining our situation and requesting agreement by the MPCA to a. budget period extension where all these costs would be automatically eligible. (Motion carried 5-0). B. CITY ADMINISTRATOR'S REPORT: A. Maintenance Agreement: VBWD & City of Lake Elmo