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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 1987 PAGE 3 <br />Mayor Christ appreciated Mazzara's concerns and would definitely get <br />back to him when the appropriate time comes. Christ did question the <br />articles and why they were submitted to the Press. It seemed to <br />Christ that it was a client/attorney privilege and finds the people <br />that are questioning the very integrity of one individual may have a <br />real serious problem with integrity of their own. <br />Councilman Graves added that he did nothing illegal in discussing <br />anything, but responded to the article he saw in the paper. He was <br />not a party to any disclosure of the first action. Graveshas sought a <br />legal opinion and there was nothing illegal with the comments or the <br />fact that he disclosed this. In an opinion rendered by the League of <br />MN Cities, it states that there would appear very clearly to be a <br />conflict of interest in Rose Armstrong voting on any decision <br />regarding the City's position pursuing this matter. This could be a <br />question of ethics, more so than a legal issues Graves stated. <br />Knaak responded that the direct conflict has not come before the City. <br />If and when it does come before the City, it will be addressed at that <br />time. At this time there was not a conflict even under the technical <br />provisions that have come out of the League of MN Cities <br />handbook --there was no conflict prior to this time. <br />Councilman Moe had some questions about the vote and felt what was <br />needed was an outside opinion on the conflict. Moe added that perhaps <br />it would be appropriate to get the attorney general's opinion on this <br />case. <br />Councilwoman Armstrong wasn't interested in spending more money to get <br />more opinions. She suggested if Councilman Moe was interested in <br />another opinion, he should do this on his own. <br />City Attorney Knaak told the council that circumstances can change, <br />but he was not saying they have. Knaak stated he did render the right <br />opinion. If there were questions about that, Knaak has no problem <br />with requesting another legal opinion. <br />6. PLANNING, LAND USE & ZONING <br />A. Eden Park Residents' Concerns - Staff Response <br />Residents of the Eden Park neighborhood had presented a list of <br />questions and concerns to the City on 10-6-87. The City Attorney and <br />City Engineer were asked to research these points and report back to <br />the Council on 11-3-87. City Engineer Bohrer's review of the <br />engineering questions are contained in his letter dated November 3, <br />1987 to the City Council. (See Attachment A). The legal issues that <br />were asked are discussed in City Attorney Knaak's letter dated <br />November 3, 1987 to City Administrator Overby. (See Attachment B). <br />Mary Leslie had talked to Ken Lokkesmoe of the DNR who stated that thp <br />levels that were set on Downs Lake are artificial levels and not set <br />by the DNR. The DNR had come out and established higher levels after <br />the houses were built because they found stains on the trees and other <br />