06-02-92 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 4 The Council received a letter from the Water Quality Division of the Minnesota Pollution Control Agency. The City Attorney explained the developer was allowed to install a subsurface drainage system according to plans and specs approved by the City's consulting engineer and under the engineer's supervision. If that occurred and the tests passed, the city would issue building permits. If the tests did not pass, then the City would not issue building permits. Tom Prew, city engineer, added that plans were submitted by Derrick and approved by the City Engineer. In the Spring Derrick went ahead and installed the draintile system and was monitored during the spring as in the agreement. It was apparent that two lots were not going to pass. After the Memorial Holiday weekend, he got a call that the contractor was digging and bringing in sand. Prew talked to Derrick's engineer, Barr engineering, who said they dug out the front of lots, put in sand because the clay was higher toward the front and felt if they dug it out this would help it drain out. This was done without a plan and without notifying the City, therefore. the agreement is void. Jim McNamara, Building Official, reported he asked the operator of the shovel if they got a permit to do this work and the operator was not aware of having a permit. When he found out from Tom Prew that they did not have approval from TKDA, he filed a formal complaint with the Prosecuting attorney. Jim also talked to Barr Engineering and they weren't sure if they got permit. At this time, Mound 1 has passed, but final determinations have not been made on Mound 2,3,4. When asked if this work that has been done would have an impact on the drainage of Lot 1, Jim stated this work would not impact this lot. The attorney suggested the city not issue any building permits for Lots 1-4 until matters get resolved. M/S/P Mottaz/Dick Johnson - to direct the city attorney, building inspector, city engineer research this matter and determine if they (Derrick) has violated the agreement, to not issue any building permits for Lots 1-4 until matters are resolved and request the staff report back to the City Council before they instruct the attorney to send a letter. (Motion carried 5-0). Gary Bance reported he had checked with the Army Corps of Engineers regarding reclaiming wetlands and these lots would meet their criteria and asked if the City would pursue this.