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<br />approval would be presented to Council at the end of July or the first meeting in August. It is <br />anticipated that the MPCA Certificate of Completion will be available sometime in August also. <br />In this way, it is conceivable that grading and installation of improvements could occur this <br />season. <br /> <br />Ass't Community Development DirlHRA Executive Dir. Frolik indicated at the City Council <br />work session on June 6 that processing the final plat simultaneously with MPCA's review of the <br />soil remediation report would be acceptable. Staff is recommending that Council take formal <br />action to allow the developer to submit the final plat application or Sweetbay Ridge. <br /> <br />Mayor Gamec noted this was reviewed at a work session with the developer, and it was <br />agreeable to the Council. He directed staff to draft a letter listing the contingencies and that <br />anything done prior to the completion of these contingencies is at the developer's risk. <br /> <br />City Attorney Goodrich advised the motion should include a statement that this project shall not <br />be deemed for preliminary plat or final plat approval without the issuance of the MPCA <br />Certificate of Completion. <br /> <br />Councilmember Elvig indicted he will be abstaining from the vote on this case. <br /> <br />Councilmember Jeffrey noted during the work session there was discussion of the MPCA being <br />in concurrence with this application. He stated he does not have a problem with this as long as <br />no building permits are issued until the Certificate of Completion is in hand. He asked if there <br />will be any grading prior to the Certificate being completed. <br /> <br />Public Works Director Olson replied about the only thing that could happen is the replacement of <br />the soil that was taken out that had the lead in it; this would be importing, not necessarily grading <br />on the site. <br /> <br />Councilmember Cook commented this would be part of the clean-up project, and is needed for <br />final approval from the MPCA. <br /> <br />Motion by Councilmember Jeffrey, seconded by Councilmember Pearson, to modify the August <br />23, 2005 conditions applied to Sweetbay Ridge preliminary plat and allow for submittal of the <br />final plat application prior to MPCA issuing a Certificate of Completion for soil remediation <br />activity on the Subject Property, with the contingency that this project shall not be deemed for <br />preliminary plat or final plat approval without the issuance of the MPCA Certificate of <br />Completion. <br /> <br />Motion carried. Voting Yes: <br />Olson. Voting No: None. <br />Strommen. <br /> <br />Mayor Gamec, Councilmembers Jeffrey, Pearson, Cook, and <br />Abstain: Councilmember Elvig. Absent: Councilmember <br /> <br />Case #5: <br /> <br />Request for Final Plat and Site Plan Approval of Shade Tree Cottages; Case <br />of Shade Tree Communities, LLC <br /> <br />City Council / June 13,2006 <br />Page 13 of 26 <br />