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LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 1993 but the city would utilize those plans in bidding out the work. Larry Liles, Developer of Fox Fire Manor and Rolling Hills, expressed his concern that he would lose control and the city would impose a financial hardship on him by amending our ordinance in the middle of this subdivision and asked to be excluded. Liles said he had entered into a written contract with his engineer on October 8th. The City Attorney voiced his concern if some action of the city would cause a breach of contract. Filla understands from Mr. Liles he has a contract now to do certain engineering things that our city engineer is not proposing to duplicate so his concern was met. What Mr. Liles wants to do, in addition to that, is construct the project. M/S/P Conlin/Mottaz - to adopt Ordinance 8083, An Ordinance repealing Sections 401,500 through 401.530 and their subdivisions from the Lake Elmo Municipal Code and Adding Section 401.505 and its subdivisions to the Lake Elmo Municipal Code relating to improvements within subdivisions excluding Fox Fire Manor and Rolling Hills.) (Motion carried 4-1: Johnston: The City attorney's concern had been met. We just adopted a septic ordinance and it seems we are being inconsistent with our own residents). D. Surface Water Utility (Update and Review of upcoming Public Informational Meeting) Larry Bohrer reported the revenue from the Surface Water Utility shall be used for preparation of a Surface Water Management Plan, maintenance of existing ditches, culverts, ponds, and storm sewers, capital improvement in developed areas, equipment, planning, inventories, and water quality improvements, including weed control. A Public Information meeting on the utility has been scheduled for Tuesday, February 23rd at 7:30 P.M. The Council received a draft of the ordinance, policy and fee schedule. CITY ATTORNEY'S REPORT: A. Update on "Responsible Party Search" as it relates to the Lake Jane Landfill City Attorney Jerry Filla submitted a copy of the City's Response to the Minnesota Pollution Control Agency's Request for Information on the matter of the Lake Jane Landfill. The Minnesota Pollution Control Agency has said that whoever put hazardous waste in the landfill is responsible for cleaning it up. The attorney has discovered the city has hauled municipal solid waste to the site, but never hazardous waste. At budget time the council should start thinking about budgeting funds for city's participation.