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RESOLUTION NO. R— 416 A RESOLUTION DENYING THE EXTENSION OF A FILL PERMIT FOR EDWARD T. GORMAN WHEREAS, Edward T. Gorman has requested the City of Lake Elmo to extend the fill permit originally granted to him by the City on September 4, 1987; and WHEREAS, the City Council has provided the Applicant, all interested parties and the city staff an opportunity to be heard in this matter; and WHEREAS, the City Council for the City of Lake Elmo has made the following findings of fact: 1. Mr. Edward T. Gorman applied for and was administratively granted a fill permit on September 4, 1987 for the purpose of accepting and stockpiling clean fill needed for future grading on to his property located at 11011 Stillwater Blvd. within the City of Lake Elmo. 2. Mr. Gorman was specifically told that the granting of such fill permit was no guarantee nor acceptance of approval of any future development plans for his property. 3. Pursuant to the face of the fill permit granted in September 4, 1987 the fill permit expired one year after it's issue date. 4. The fill permit did not specify the amount of fill Mr. Gorman would be allowed to bring upon his property. 5. At the City Council meeting of September 20, 1988, Mr. Gorman requested a renewal of the fill permit which was granted on September 4, 1987. 6. At the City Council meeting of September 20, 1988, Mr. Gorman was granted an extension of his fill permit allowing him 20,000 cubic yards of fill with the proviso that the fill permit would be reviewed again in the spring of 1989; that the extension of the fill permit did not grant approval to add buildings on the site; that the City was to be assured there would be no rerouting of drainage and all of these conditions were subject to review and approval by the City Engineer. 7. That the issue of Mr. Gorman's fill permit was placed on the Agenda for the April 18, 1989 City Council meeting at the request of the City Engineer, pursuant to the charge of the City Council at it's September 20, 1988 meeting. 8. At the City Council meeting on April 18, 1989 the City Engineer testified that 20,000 cubic yards of fill should not be stockpiled on the Gorman property unless there was a firm plan on what is being done with the fill.