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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1994 7 <br />M/S/ Mottaz/ Mottaz - that the city go ahead with the investigation <br />Mayor John noted that the motion failed for lack of a seconder. However, if it needs a <br />seconder, John second the motion in order to get this discussion closed. <br />M/S/ Mottaz/John - that the city go ahead with the investigation. <br />Councilman Johnson pointed out if you are not allowed to vote you are not allowed to <br />second the motion. Therefore, Mayor John stated the motion failed for lack of a <br />seconder because he cannot vote on it. <br />Councilman Mottaz asked for a copy of the video and audio tape of tonight's <br />proceedings. <br />B. Update on Dan Burgess' alleged code violations <br />Attorney Filla reported he appeared on the Burgess case about two weeks ago. On <br />Friday he was served with a motion for a dismissal based upon selective enforcement <br />of city regulations and provided with a list of 10-12 parcels which the defendant was <br />claiming involved in operations of commercial business on residential property. The <br />purpose of this motion was to have a hearing to determine if there had been selective <br />enforcement, if so whether the city could proceed with the matter that was on the <br />calendar. This matter was put back on the pretrial calendar for a hearing on that issue <br />alone which is scheduled for November 10, 1994. <br />C. Junker Landfill update <br />Attorney Filla talked to the Wisconsin DNR and the engineer for the Junker Landfill <br />organization group and the request is If we were to join the organization at this time, the <br />payment would be $5,000 and additional payments as costs were incurred. There was <br />no guarantee how high those fees would go or for what length of time this investigation <br />would take. Filla recommended the city not join this organization until it is determined <br />what the scope of the city's exposure is. <br />9. CITY COUNCIL REPORTS: <br />Mayor John reported on September 24 he attended the Washington County <br />Comprehensive Plan workshop at the Stillwater Senior High School along with <br />Councilor Johnston. Presentations covered land use, parks and transportation followed <br />by public comment. <br />Council members Mottaz and Johnston attended the Metropolitan Council Breakfast or <br />September 26 at the Lake Elmo Inn. Johnston reported the Met Council does seem to <br />have some concern on annexation issues, but doesn't have a well thought out position. <br />The townships felt they were being nibbled away by the incorporated areas. The area <br />