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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 17, 1991 2 Councilman Mottaz explained his vote was not a willing vote, it was a voted rendered under duress from three sources: 1. the court, where the judge has threatened to increase the fine and to possibly levy it personally on me; 2. the City Council, where three members of the Council instructed the city attorney to ask the court to have me pay the fine, 3. Attorney Niles, who stated that he and Mr. Peterson were discussing legal action to force me to pay for Mr. Peterson's losses. Mayor Johnson noted he felt the same as Councilman Mottaz. M/S/P Williams/Dick Johnson - to direct the City Attorney to draft the appropriate motion to request cancellation of fines. (Motion carried 4-0). B. Cimarron Mayor Johnson stated Fran Pott had informed him that the City did receive a letter from the Health Dept. indicating, based on the results of the tests, they had no major concerns on the Cimarron water system. Dora Lee, Cimarron resident, stated the people living near the water tower have noted they are having low pressure problems again which could lead to a bacteria problem. The Cimarron management is aware of this and the Health Dept, has been notified. The Council discussed sending city personnel, with the full knowledge of the Park, to check out the lines. M/S/P Mottaz/Mayor Johnson - to direct the City Administrator to send a letter to the State Health Dept. indicating the City recognizes there is a problem with Cimarron's water system and request the state investigate this system and find out why they are having these problems. (Motion carried 4-0). 5. PLANNING/LAND USE & ZONING: A. Shoreland Permit with Variance, Dorothy Hanson, 7978 Hill Trail N., (Continued from 12/3/91) M/S/P Dick Johnson/Mottaz - to approve a shoreland permit and variance requested by Dorothy Hanson, 7978 Hill Trail N., for the purpose of constructing a 3-seasons porch where they now have an existing deck based on: there is sufficient screening from the lake by mature trees, the house and addition is in conformance with the neighboring houses, there was no objection to the variance at the public hearing, and the screened porch does not encroach on the lake any further than the existing deck does now. (Motion carried 3-1: Williams: A hardship has not been demonstrated and there are other alternative locations for the porch.)