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LAKE ELMO CITY COUNCIL MINUTES MAY 16, 1995 will not be conveying land for that purpose, either by title or by easement, then the City should request ( the developer to convey an exclusive role in a public facility easement to Lake Elmo. In the future if the circumstances come up, you will have to be contacted. In order for anyone to acquire the land for that purpose, you will have to consent to this before the project is started. This may put the city in a more difficult position if Oakdale comes to you with something in hand. Discussion followed on the proposed easement: Council member DeLapp felt the only difference whether we accept the easement now on lots 9 & 10 is that the property owners of lot 9 & 10 will not be compensated if the road does go in. If we took the easements, the implication would be we've done it so that we could put that road in. Filla answered if you obtain exclusive easement rights, they also need our consent on the easement. Administrator Kueffner stated the objection would be on environmental issues and she would rather have the city have control over that than the Property owner. Compensation is not an issue. Council member Conlin indicated that if the city acquires the easement, the implication is there we are planning for a road. If the property owners did sell it to Oakdale, they would have to come to us and ask for the improvements. Implication is better The landowner would be the first stop rather than the city be there and saying we really don't want you to do that because of the wetlands. Attorney Filla felt dealing with this is more of a political decision as opposed to a legal decision. If the city acquires an exclusive easement, they would simply be taking the property owner out of the equation. Instead of three parties, there are two parties. Council member Johnston thought creating an easement is the first step down the slippery slope to being forced to take action Councilman Hunt did not change his mind on the way he voted. Mayor John recognized the council's concerns, but by accepting the easement would strengthen the city's position. The will of the council was the motion prevailed. 10. CITY COUNCIL REPORTS: Mayor John reported that on May 10, he chaired the Area Elected Officers meeting for School District 622 held at the Lake Elmo City Hall and reviewed the major points covered. The next meeting would-be held at Woodbury on September 13,1995 at 4:30 p.m. Council member Conlin reported that REAPP has officially disbanded in April and would like to present funds to the City for parks at the June 6th meeting. A fax was received from Terrence Merritt inviting the city to the third in a series of forums sponsored by the Minnesota Municipal Board and opportunity to discuss concurrent detachment and annexation initiated by property owners held at the Metropolitan Council Building on May 24, 1995 from 2:30 p.m. to 4:00 p.m. Councilman Hunt reported the Ag Use Committee will meet on Wednesday at 4:30 and Thursday at 6:30 p.m. 11. CITY ADMINISTRATOR'S REPORT: A. Administrative Policy 95-1 Recycled Procurement M/S/P Conlin/Johnston - to adopt Administrative Policy 95-1 Recycled Procurement. (Motion passed 5- 0).