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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 26, 1989 PAGE 9 i to come up with the fill. Now it is time for him to get to work on his concept plan. Since he ahs made a public request for extension of the permit, Williams made the following motion: M/S/P Williams/Hunt - to deny the request by Ed Gorman, White Hat Restaurant, for extension of.: his fill pemit. (Motion carried 3-2: Graves: I think a pragmatic approach might be to extend it through the end of the year or through March 1990 from the standpoint of giving him a reasonable opportunity to get the site plan in. He felt attorney fees was a steep price to pay for principal. Moe: agreed with Councilman Graves to extend the fill permit until December when Mr. Gorman will bring in his concept plan. This may avoid a potential Lawsuit). (Amended 10-17-89 Added: Councilman hunt pointed out it was a matter of code, not a matter of principal.) C. Final Payment: 33rd Street Larry Bohrer reported the work in conjunction with the 33rd Street North improvements - CSAH 17 to Klondike Avenue - Ditching, Culverts and Bituminous Overlay, is complete and ready for final acceptance. Bohrer recommended approval of Compensating Change Order No. 1 in the amount of-$2,263.85, which shows the final contract amount is $2,263.85 less than the original bid. Bohrer recommended approval for. Final Payment in the amount of $26,649.35. M/S/P Graves/Moe - to approve Compensating Change Order No. 1 which shows the final contract amount is $2,263.85 less than the original bid and approve Final. Payment in the amount of $26,649.36 in conjunction with the 33rd Street North Improvements. (Motion carried. 5-0). D. Escrow Release #2: Brockman 3rd Addition City Engineer Larry Bohrer reported the watermain, storm sewer, grading, gravel. base and bituminous binder course have been completed. The bituminous wearing course and turf restoration are the only work items remaining. The Developer has asked for a reduction in the letter of credit in accordance with the terms of the Developer's Agreement. The Developer has paid all. pass -through costs which have been passed on to him. The release of escrow was calculated as follows: Original Letter of Credit $347,500 Amount of This Release 321,000 Remaining Letter of Credit $ 26,500 Larry Bohrer recommended the letter of credit be reduced from $347,500 to $26,500. M/S/P Graves/Hunt - to approve the letter of credit (Escrow Release No. 2) be reduced from $347,500 to $26,500 for the Brookman 3rd Addition. (Motion carried 5-0).