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