06-06-95 CCM - Laserfiche WebLink

Home Browse Search

Special Meeting Minutes of the Lake Elmo City Council June 23, 1995 Page 3 City Attorney Fills, reminded the council that if they proceed with this agreement, as proposed by the PCA and the County, that what mechanically will occur is that the City would convey its interest to the County, the County would then record permanent easements against the maintenance site and the park site, they would record restrictive covenants against the maintenance site and the park site, and then they would convey those two property sites back to the City subject to those easements and restrictions. Those easements and restrictions then are what effectively prohibit any future expansion or construction on those sites. City Engineer Bohrer presented a sketch plan of how the maintenance area could be re -configured to allow for the change, a three bay expansion onto the side - perhaps one bay for growth of public works, and two bays to replace the lost Fire Station. There would be a relocation of the driveway out the north side, and the parking lot would remain about the same. Soon we will have to have a building to protect the salt for environmental reasons, so drew a 30 x 50 shed with access on the south side. The five different types of materials used for various reasons (gravels, top soils, etc.) are shown with 50 foot diameter circles to represent the piles plus working room around the piles. Again, on this site, Mr. Bohrer counted "this" as not being usable because it would destroy the very reason that was left alone in the first place, for screen and buffer. So this whole site shown in red, as Mr. Bohrer now defined it, is 5.5 acres. Mr. Bohrer stated that if you have a sight that does not have the topographic limitations, or a need for a buffer or a screen, then a five acre site might work for a fairly long time. However, Mr. Bohrer stated the loss of utility for the site means that the City cannot replace the Fire Dept. on this site, and can't expand the site, although does not know if the City be able to build a salt -sand shed. The Council discussed the possibility of relocating the Public Works Dept. elsewhere and using the existing public works building for the fire dept., but felt the topography would be too difficult for emergency vehicles. The council also discussed the area needed for composting - a buffer area will be necessary, and room for heavy equipment, as well as a location nearby the heavy equipment. Mayor John asked the City Attorney if there was any legal precedence the City could use for getting better compensation from the County? Mr. Fills, explained that this is an action the PCA is involved in; the County may start condemnation proceedings, if they do, they will have to pay the City for the value of the property taken, however, the property taken will be part of the landfill area, and the worth of the landfill area nd what the damage to the remainder of the property as a result of that taken will have to be determined. None of this analysis involves compensation for any buildings on the site, except for the Fire Station. Mr. Filla stated it is his opinion that the City is better off trying to deal with this issue through negotiation, rather than in Court. Mayor John prepared and handed out a copy of estimated replacement values of the Maintenance and Compost area. The council deliberated the estimates. M/S/P Hunt/John - to direct the City Administrator to prepare a letter stating the City's replacement values, the basis for those values, and reason for wanting to continue to use that site, and send it to Washington County. The council agreed that if the reimbursement request is not acceptable to the County, then the city would be willing to enter into binding arbitration. (Motion passed.) The meeting was adjourn.