05-24-95 CCM - Laserfiche WebLink

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MINUTES APPROVED: 6-6-95 LAKE ELMO SPECIAL CITY COUNCIL MEETING MAY 24, 1995 Mayor John called the special meeting to order at 6:10 p.m. for the purpose of discussing the Lake Elmo Heights 3rd Addition Right-of-way Easement (West side of Lot 10 and NW corner of Lot 9). PRESENT: Hunt, Conlin, John, Johnston, DeLapp and Administrator Kueffner. 1. AGENDA ADD: 3. Review quote from Up Time M/S/P Hunt/Conlin - to approve the May 24, 1995 City Council agenda as amended (Motion passed 5-0). 2. Lake Elmo Heights 3rd Addition Right -of -Way Easement The City Council received a letter from Attorney Filla, dated May 19, 1995 indicating he is incorrect in stating that one City may not condemn property beyond its borders without the consent of the City in which the property is located. A condemning authority may acquire an interest in private property in Lake Elmo without the City of Lake Elmo's consent. A condemning authority could acquire an interest in property which has already been dedicated for public use if the two public uses are not inconsistent or if there is a judicial determination that the condemning authority's proposed use has a priority over the use for which the land is currently dedicated to the public. It would-be more difficult for a condemning authority to acquire an interest in property which had already been exclusively dedicated to Lake Elmo for an appropriate public purpose. M/S/ Hunt/John - that the City of Lake Elmo accept the original easement presented by Royal Oaks on the Final Plat of Lake Elmo Heights 3rd Addition Council member Conlin stated this shows you what Oakdale is capable of. If we wouldn't have moved ahead and made this an RE development, most assuredly, you would be dealing with an Oakdale development in at this point. This road that they want enough to go through condemnation would have assured that the annexation would have occurred. We seem to be living with big mistakes in City planning that date back 15-20 years, and they have a negative effect on the City. This is one of the reasons why she pushed so hard to have an in-house planner so we can be ahead of the game, The only way I can vote for this motion is contingent upon Oakdale agreeing. to using that easement only. If Oakdale doesn't agree, that indicates they want to go for the whole road.