03-15-2005 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 11 the Stillwater cross country ski coach who has 120 students using Sunfish Park trails and with maintenance facility built next to the park would be opening the City up to liability issues. Olson said his family intends to purchase this land back if not used for park purposes. Dave Morgan said this park is everybody’s neighborhood. You don’t make water towers look like silos. The City Administrator was wrong when he said the City was free to use the land any way they wanted because it was not stated for park purposes only in the deeds and was trying to sell the facility by stating the building would hold 85% for park purposes. The bond issue was for park land and it was park land for perpetuity. He said he was surprised that the Planning Commission members and some of the Parks Commission members didn’t even know we had so many parks. Jim Blackford said this is the wrong place for a tower and building to be placed. The Council should honor the wishes of all the people that came before us. There was a retired Supreme Court Justice, who is a Lake Elmo resident, asked the Council to honor its commitments. He asked the Council to consider your legacy to the city. The proposed project is inconsistent to what the City stands for. Dick Hedquist reminded the Council it is loosing a park and you will not get it back. He thought the water tower should be located where the people are using Oakdale water. Sue Dunn said she saw the entire presentation before the Planning Commission. She said there is condemn land by the Lake Jane Landfill the City could look into for locating a maintenance facility. She asked that the City proceed through the process which includes the commissions and make the Council Committee meetings formal meetings that can be cancelled. In his letter dated March 3, 2005, Attorney Filla provided his review of all the documents which were recorded relating to Sunfish park property. Based on the information that he reviewed, it was his opinion that the City owns fee title to the Sunfish Park property. The city is not legally restricted in its use of the Sunfish Park property provided that it is used for a public purpose. Administrator Rafferty stated there was an additional piece of property of 110 acres known as the West Sunfish acquisition. Some of the documents sated the land went to Washington County and the City acquired it for $75,000. Mayor Johnston recommended sending this item back to staff to look into other locations for a water tower. Also, ask the Parks Commission if they want to place the City parks in a land trust. M/S/P Johnson/Conlin – to turn back to staff to determine other possible locations for the water storage tower. (Motion passed 5-0).