05-20-86 CCM - Laserfiche WebLink

Home Browse Search

LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1986 PAGE 7 you'll have a water system. Armstrong added that she hated to see these people get together and spend a lot of money on the courts and it happens time and again that you come out worse than if you would have taken the offer in the first place. A resident affected by the landfill felt that the Council should reject the offer because by accepting it at this point would be a very big mistake. He added that he no longer has faith in anything the counties said and felt it was time the residents quit taking it and get serious. City Attorney Knaak called the counties' offer inadequate and the only conceivable defense is that they honestly seem to believe that the City is secretly constructing a city-wide municipal water system, which is not at all the case. Knaak felt that the offer should be viewed as a beginning, not an end, for the negotiation process saying that even from a negotiation standpoint this is not a "good faith" offer. Councilman Dunn stated that the fight at this point in time has to be between the landowners and the counties. He felt that the involvement of the city actually was a detriment to the landowners. Councilman Christ assured the residents that the landfill was originally put in against the strenuous objections of the city. Mayor Morgan noted that ironically, the permit for the landfill was the first granted by the Minnesota Pollution Control Agency --Permit Number One. M/S/P Morgan/Dunn - to instruct City Attorney Knaak and City Administrator Overby draft a response to make the City's position clear to the two counties that Lake Elmo will not accept their $175,OOO offer as adequate remuneration for a "county -created" problem. (Motion carried 5-0). 9. CITY ATTORNEY'S REPORT A. Procedural Guidelines City Attorney Knaak presented a Clarification of Procedures in the Case of a Variance Denial. There was discussion on how these procedures would help minimize the City's exposure to litigation. The guidelines also serve to provide a stronger official legal and factual record on which to base the City's court case. These guidelines will be filed in the City's policy book. B. Public Gaming Terrance Needham of the Lake Elmo Jaycess requested a special use permit from the City for gaming in the Twin Point Tavern. The Proposed Charitable Gambling Ordinance Language was drafted by the City Attorney and presented to the Planning Commission. It was tabled for more detailed information, such as a copy of the Oakdale Charitable Gambling Ordinance and the State Gambling Laws.