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LAKE ELMO COUNCIL MINUTES - 9/20/83 Page 11 M/S/P Morgan/Dunn to appoint Merle Olson, 1st alternate, to be moved to permanent Parks Commission position. (Carried 5-0) • Fraser mentioned we should consider someone from Cimarron when we get around to naming the 2nd alternate. F. Auditor's Contract for 1984 - Contract is identical to previous one with minor adjustments in rates. M/S/P Fraser/Morgan that we again retain the firm of DeLaHunt Voto & Company, Ltd. for 1984 auditing services. (Carried 5-0) G. Hammes Problems - (REF: Memo dated 9/19/83 to City Council from Jim McNamara, Building Official; and letters to Mr. William Hammes dated 8/24/83 regarding "Storm Damage to Single Family Structure", 8/24/83 regarding "Stockpile of Top Soil" and 9/14/83 regarding "Stockpile of Soil" all from Jim McNamara.) • Fraser - It's my understanding from this material from the Building Official that he's really citing three violations --the home that was wrecked in the storm should have been removed, bringing a building into the City without permission, and the large quantities of soil that have been moved in and out of the property without a city permit; and he's saying that the Special j Use Permit for the mining operation for 1984 may be withheld. • Klaers - the attorney advised us that for violation of City codes we can withhold the permit. • Fraser - would think the collection of problems would merit that kind of consideration. • Eder - Has there been any response to the 9/14/83 letter? • Lyons - I didn't know we would be on agenda. We didn't answer 9/14 letter, and regarding the gravel ordinance we don't feel we have to request the permit because the definition of mining in the ordinance is that mining shall include the excavation, removal or storage of sand, gravel, rock, soil, clay and other natural deposits. • Fraser - But the 8/24 letter asks for a written response; have you done that? • Lyons - no we haven't and that's why we came in tonight to explain it.I'M here to answer any questions and explain it, and we're willing to put it down on paper. When we're through with mining an area we're required to put down topsoil. • Eder - Point is that if you had just responded to letter, item wouldn't been on agenda. • Fraser - Don't believe coming and talking at a meeting is a suatitute for a written response. • Whittaker - Why didn't you call City Hall if you were confused. • Eder - Letter was sent out with positive note and he only wanted verification, not trying to force you to be an adversary. Consensus of Councillors was that Hammes should work with Building Inspector and take care of 8/24 items and other issues so Jim McNamara can come back to us before Council can take action.