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LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1993 3 not allowed by City Code until the soil has settled for one year. Even if the trenches did not terminate in fill, the City Code does not provide an exemption from the springtime water level monitoring. Also of concern is the vital impact of these mounds being 9-10 feet above street level. Derrick delayed installing the approved curtain drain system until March, 1992. Water level readings commenced in April, 1992. There was insufficient time between the installation and testing for the full benefit of the curtain drain system to be realized. Additional sand drain work was done by Derrick at the end of May, 1992. Bohrer recommended that Derrick be allowed to retest, in lieu of their request to add additional fill and not retest, this spring on the existing mounds. No additional fill should be considered until the effectiveness of the previously allowed improvements can be measured. Bohrer encouraged council action this evening because he would not want to delay a decision that would not provide the applicants sufficient time to do the spring type testing. If this proposal doesn't pass, then we are into another season of testing. This testing needs to commence around the beginning of April. If the applicant chooses to do another round of testing, there is some work that has to be done before that testing can occur. Tom Radio and Roger Derrick agreed with the City Engineer. If this Spring's round of testing show that they meet the separation distance, but still needed less than 2' of fill to achieve some type of cover requirements, Roger Derrick asked if that could be done. Bohrer responded that, then they would have satisfied the septic system requirements, but they still would need to get approval for a revised grading plan to change the top elevation of the mounds. Attorney Filla recommended the council consider making a motion to deny the request for the reasons given by the City Engineer. If the developer wants to do the retesting, he knows there is a certain timeline he has to do that in. If he wants to come back and request that the city reconsider its final grading plan for these three lots, that is his choice. At that point the city can consider the presentation of the impact and make their decision. Tom Radio suggested the entire issue be tabled. It may become moot or may be necessary for additional testimony, but you have not prejudged the whole issue at this time. Filla was not legally opposed to what Mr. Radio was suggesting, but the record should make it clear that if it is going to be tabled, it is with the developer's consent and with the understanding that he is responsible for conducting that series of tests this Spring consistent with