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LAKE ELMO CITY COUNCIL MINUTES APRIL 4, 1989 PAGE 4 <br />responsibility for contaminants that are currently in the <br />wells. <br />Attorney Carlson submitted his legal opinion on the Counties' right of <br />eminent domain in his letter to the City Administrator dated March 29, <br />1989. <br />Carlson noted that the Resolution, as proposed to the City Council, <br />stated that the approval of the agreement does not constitute support <br />of agreement with the Counties method of water treatment or discharge. <br />Carlson felt the City has met its obligations to its citizens by <br />reaching an accord that the County will hold the City of Lake Elmo <br />harmless from any damages or penalties resulting from the Counties <br />construction for operation of the pipeline and discharge of treated <br />waters. Carlson added, he felt the conditions of continued testing <br />and of the continued compliance pursuant to the annual renewability <br />clause, protected the City and its citizens to the greatest extent <br />possible. It was in the City's best interest, Carlson stated, to work <br />with Washington and Ramsey County in reaching an amicable accord as to <br />the installation and operation of the drainage pipe and discharge of <br />the treated waters from the Gradient Control Well No 1. <br />Diane Haider, 8845 2.7th St., thanked Dick Johnson and Councilman <br />Graves for their interest and work on developing an agreement <br />regarding diversion of the water, and they were sympathetic with the <br />Lake Jane people, but they did not agree that the plan provided the <br />citizens with the highest priority. <br />Councilman Williams asked what the definti.on of periodic testing was <br />and requested this be changed to provide for results upon demand. <br />Councilman Hunt considered this proposal to be nothing more than <br />dispersing the pollution into the environment. These chemicals do not <br />decompose by themselves and they enter the food chain. <br />Councilman Williams felt that only physically digging it up and <br />destroying the chemicals will actually clean up the site. <br />M/S/P Graves/Moe - to accept and enter into the agreement presented <br />between Washington County, Ramsey County and the City of Lake Elmo <br />concerning the Drainage Permit for the public right of way for the <br />purpose of discharging water from Washington County Sanitary Landfill <br />No. 1.; Section 4F amended by the wording "results will be received <br />within 3 working days of County receipts of these results:. (Motion <br />carried 3-2: Hunt: The agreement monitors only 14 of the potenti4 100ch <br />rresent. If the Counties really care, they can pursue other options. <br />When the permit is up for renewal in one year, they are open to <br />negotiations. As a long term committment to the City, he cannot <br />support this.; Williams: It would be a good agreement if it were <br />contingent on some plan to remove the source of contamination. The <br />proposed discharge should be allowed only if it is part of careful <br />planned and definite program to actually clean out the contamination <br />of the old landfill. See Appendix A for comments expressed by <br />Councilman Williams). <br />