05-19-81 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MEETING, MAY 19, 1981 _ Mayor Eder called the meeting to order at 7:00 p.m. Councillors present: Morgan, Mottaz, and Fraser. Also Administrator Whittaker AGENDA: Additions: Old Business - Other - Tennis Court Resurfacing Bids; New Business - Tartan Meadows Development Agreement; New Civil Defense Director; New Lawn Mower; New Pick -Up; License Ap- plication; New Chain for Sunfish Park Gate. Morgan moved, seconded by Mottaz, to approve the Agenda, as amended. Motion carried 4-0. MINUTES: May 5, 1981 - Deferred until later in the meeting. CLAIMS: Morgan moved, seconded by Fraser, to approve Claims 81393 thru 31423. Motion carried 4-0. RAY MARSHALL AND APPOINTMENT OF CONSULTANTS: Councillors Morgan and Mottaz discussed their concerns on the possible conflict of interest concerning Don Raleigh. No questions or concerns were expressed about Mr. Marshall's performance for the City. Both Mottaz and Morgan felt that another law firm should have represented the City throughout consideration of the Brookfield Revenue Bond request. ThW did not feel Mr. Raleigh should have answered questions on the bonds when he was the solicitor of them. Morgan did not feel Mr. Raleigh should represent Brook- field during Council discussion and felt his presence during the bond discussion raised the question of whether he was acting as City Attorney or a land developer. Whittaker noted that the legal work for Brookfield has always been reviewed by Ekberg, Lammers and, to his knowledge, the attorney has always delcared when there was a conflict of interest. Mr. Marshall said he is the firm member who does °all -,the City's` work and would like to continue to do so. He noted he is aware of the concerns expressed and has met with both Councillor Morgan and Mottaz to satisify these concerns. They have excused, them- seleves whenever they have become aware of a conflict and will continue to do so. Mr. Marshall stated he is not familiar with the operations of the Brookfield Company and is not affiliated the partnership. Review of the Brookfield Industrial Bonds was done by Lammers with the Dorsey Firm drafting the documents. Lammers also did the legal review on the Brookman Addition Plat. The Council discussed familarizing an alternate legal firm with City procedure so that, when necessary, City work can be handled with the City's format. Fraser moved, seconded by Eder, to reappoint the City Attorney, City Planner and City Engineer. Discussion - Mottaz requested ,an unders`tanding or, agreement with the Brookfield Company that another partner, other than Don Raleigh represent them before the Council. This would avoid future misunderstanding concerning Mr. Raleigh's involvement with Brookfield and the City's legal firm. The Council did not comment further. Motion carried 4-0.