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Lake Elmo City Council Minutes for July 7, 1987 Page 2 Novak also advised the council that a meeting is scheduled with Willard Munger for Thursday, July 16, 1987 at 9:00 a.m. in Room 400 of the State Office Building. The purpose of this meeting is to rebut the response from the MPCA regarding the questions relating to the siting process of the Lake Elmo Landfill. Novak also advised the council that County Commissioner, Russ Larkin has prepared a resolution that he will present to the County Board in which he asks the County Board to take the position that they will not break the covenants and will oppose any effort by the Met Council to redefine or alter the covenants to permit a landfill in the Regional Park. The Landfill Committee will also have a booth at the Washington County Fair in which they intend to get a petition signed by residents in Washington County (outside of the immediate Lake Elmo area) tc oppose bre'.;inr t.le covenants that could allow the landfill in the Regional Park. Funds for this will come out of the $1500 that has been allotted to the Landfill Committee. Novak also stated tIio; 1. C-. (,;_ " ' Elmo needs to establish, household recycling program (, ther than the compost site). 5. Public Inquiries A. Water level on Lake Elmo As stated at prior meetings, Mr. and Mrs. Eisle have concern with the damage done to their property with the lowering of Lake Elmo. In Eisle's conversation with Nels Nelson, Engineer for Valley Branch Watershed District, there has been some dispute or error over the benchmark of the Lake. The permit issued by the DNR was for 884.5 not 884 as proposed by the VBWD. The Eisle's asked the City's assistance in their attempt to have recinded the $2000 assessment to their property for the supposed benefit of the lake being lowered, and support in getting the VBWD to restore their property so they will continue to have lakeshore. The DNR would have to issue a permit to clean-up the area, and there are public hearings and procedures that the DNR must follow before issuing a clean-up permit, and this process takes 45 days. City Attorney Knaak stated that if the City would financially assist in the public enhancement (of the Eisle's private property) without a direct justifiable overall City benefit, the City could expose itself to subsequent actions by acting outside of the scope of the City's authority. There would be no direct benefit to the entire City, and therefore City funds cannot be spent on private enhancement of property. Christ pointed out that he has more sympathy for those people that built 25 years ago when the water level was low who have suffered with water in their homes. The homes on Lake Elmo that have lost lake frontage were recently built and required variances to be built, which shnu l rl nPVPr haves ht-p l a 1 1 nsaPrJ T4P fi] l l y si1ppart s Lake Elmo at its