Laserfiche WebLink
LAKE ELMO CITY COUNCIL MTG. - 5/3/83 Page eight <br />` 6 Lammers - It would be my opinion that any letters you received would be a part <br />1 of the official record and would be available for any purpose. The motion isn't <br />necessary but would do no harm. <br />• Fraser - I find one potential problem in officially incorporating those things <br />into the record. First, they are available as Jim has said. But by incorporat- <br />them into the record, what does not appear in the record are the things that <br />took place in the executive session with the attorneys and that would not be <br />available to the public in the future so that the official record would have <br />only portions of that. So I would prefer that they be available but I would not <br />want to vote in favor of the motion. <br />(Motion failed - Morgan and Dunn ayes; Fraser and Eder nay; Mazarra abstain) <br />*People in the audience indicated <br />amended that they should hear Mr. Lammers' <br />5/17 /83 opinion since that's what they were waiting for and it was on the agenda. <br />• Dunn - Same as Morgan's motion. <br />• Fraser - The reason for an executive session --I don't have any objection if <br />people on an individual basis want to talk to others, but I really question this <br />as a procedure. <br />After the 10:07 p.m. break, Mayor Eder reconvened the meeting at 10:20 p.m. <br />M/S/P Mazarra/Morgan that the City of Lake Elmo bring to the district court a <br />request for declaratory judgment on the validity of the Council's procedure in <br />this matter. (Carried 3 ayes; Fraser and Eder nay) <br />e Fraser - effect will be the same as if we remand to the Planning Commission. <br />(Eder agrees with Fraser.) <br />• Dunn - If we do nothing, citizens will file, so why do we have a motion? <br />• Gordon Moosbrugger put the Council on notice to preserve tapes for this <br />meeting and all previous meetings dealing with this subject since they would be <br />subject to subpoena. <br />Environmental Assessment Worksheet - M/S/P Morgan/Fraser that a mandatory <br />list should be started and Environmental Quality Board notified regarding the <br />assessment worksheet for (a) parking lot for 1,000 cars and (b) taking 80 acres <br />of farmland out of farming to include ponding. (Carried 5-0) <br />• Morgan - The State has been notified of this. There's 30-day period of public <br />examination when DNR and all concerned governmental bodies can examine this. <br />Other option is 3-2 vote if those things are not on mandatory list which I think <br />they are, but let's try it this way first. <br />• Whittaker - I've talked to the EQB and notified the railroad, and it was the <br />opinion of a staff person there that this would fit into a mandatory category <br />for a 1,000-car parking lot. <br />Legal Counsel - M/S Dunn/Morgan that we retain Mr. Lammers as our <br />legal counsel in this entire matter. <br />e Eder - I think the opinion of our City Attorney on the basic question was no <br />different than Mr. Lammers. Personally, I think that in every case the City <br />Attorney has represented us, he has done an exemplary job and I don't know of a <br />case he's lost for the City. I don't really think we should go to another <br />attorney myself, unless we want to decide that. <br />e James Lammers - As I understood it, the Council was just asking a second <br />opinion on the procedural requirements the Council followed. I would be uncom- <br />fortable if I were to represent the Council in full-blown proceedings since you <br />