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Home My WebLink About10-04-88 CCMSince we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please frill. out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL OCTOBER 4, 1988 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: September 20, 1988 3. Claims 4. REAPP Report 5. Adoption of 1989 Budget: Resolution No. 88-45 6. PLANNING/LAND USE/ZONING A. Large Lot Subdivision, Lawrence & Florence Kleis 9241 60th St. N. B. Final Plat: Firefly, Lake Jane Road Tony Mai.st.rovich C. PUBLIC HEARING Continuation: D.C. Sales Variance to number of Signs 9240 Hudson Blvd. D. Park Dedication Fees 1. Resolution No. 88-46, Setting Park Ded. Fee 2. Proposed Ordinance, Amending Section 401.400 of City Code E. Proposed Ordinance: Residential Estates 7. CITY ENGINEER'S REPORT A. Shoreland Permit: J. Douglas, 8001 50th St. N. B. Shoreland Permit: D. Harnish, 8033 50th St. N. C. Shoreland Permit & Variance, B. Walsh 8027 50th St. N. 8. Report of Water Advisory Committee Hugh Madson, Chairman 9. CITY ATTORNEY'S REPORT Steve Carlson 10. CITY ADMINISTRATOR'S REPORT A. Verification of Vote for Appeal to Municipal Board's Derision B. Striping Policy Amendment --Local Streets C. Application for Sign Permit--Brookman Motors D. Parks Commission Appointment --Donna Bance 11. Adjourn FUTURE MEETINGS: Oct. 10 7:00 p.m. Planning Commission Workshop (Legal Holiday -no meeting) 18 School Board Election 18 8:00 p.m. City Council Meeting 24 7:30 p.m. Planning Commission Meeting Nov. 7 7:00 p.m. Parks Committee Meeting 8 7:00 a.m.-8:00 p.m. General Election Oct. 26 7:00 p.m. Waste Management Committee Sun. Nights 8:00 p.m. REAPP-Council CHambers �F1ilz LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 Mayor Arlyn Christ called the City Council meeting to order at 7:01 p.m. in the City Council chambers. Present: Christ (departed 8:45 p.m.), Johnson, Armstrong, Graves, Moe, City Engineer Bohrer, Attorney Steve Carlson, Building Official Jim McNamara, Finance Director Banister, and City Administrator Morrison. 1. Agenda D.C. Sales requested a delay for two weeks. Replace Item 6C. D.C. Sales with Item 10C. Brookman Motors Move Item 9. City Attorney's Report after Item 4. REAPP Report M/S/P Armstrong/Johnson - to approve the October 4, 1988 City Council meeting agenda as amended. (Motion carried 5--0). 2. Minutes: September 20, 1988 M/S/P Graves/Moe - to approve the September 20, 1988 City Council minutes as amended. (See Page 4, Item 6. 1989 Budget). (Motion carried 4-•0-1<Abstain: Johnson>). 3. Claims M/S/P Armstrong/Graves - to approve the October 4, 1988 Claims #90837 thru #90896 as presented. (Motion carried 5-0). 4. REAPP REPORT On September 20th Washington County approved the Final Scoping Decision along with the resolution which authorized a contract for Donohue and Assoc. to commence the EIS. it is expected that the EIS will begin this month. Acknowledgement was given by REAPP to Commissioner Russ Larkin. it was because of his backing REAPP was able to speak at the Board meeting. Commissioner Larkin was the only vote against proceeding with the EIS. The County is being asked to purchase 22 acres of Dayton -Hudson property (SW corner of the park) adjacent to the park because it cannot be developed. This action was scheduled to be acted upon on September 27th. Commissioner Larkin was able to table this actionfor two weeks. REAPP met with Senator Merriam on September 14th asking him if he would, again, consider authoring a bill that would stop the Siting Process and drop all eight sites of the Met Council's inventory. He indicated he would be interested, offered some strategy advice and invited them to come back after the November elections. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 PAGE 2 t" Dan handed out for the Council's consideration a draft of the proposed referendum ballot, a general information brochure and a referendum action item schedule. Councilman Graves asked that the coverletter be more concise and direct. Councilman Johnson expressed his concern on using the entire content of the written letter and asked if approval was given by the author to use excerpts of her letter. Novak responded that they have not, as yet, received approval. Johnson asked the Committee to make sure their writing was factual and there was no legal ramifications. Councilwoman Armstrong suggested the following wording be added in the cover letter: "expend funds in an amount up to $50,000 in each of the years, 1989 through 1992" and add "one of the ways" in which to oppose this dump. In the sample ballot, the Council suggested adding: "If the landfill is defeated without expenditure of funds, prior to collection of these funds the City will not continue to collect them." M/S/P Johnson/Graves - to approve the Sample Ballot of the Landfill Referendum and the entire informational packet; subject to inclusion of "expend funds in an amount up to $50,000 in each of the years, 1989 through 1992" and "one of the ways" in which to oppose the dump in the coverletter and also add a paragraph in the Sample Ballot stating "once the process is stopped, the money will no longer be collected". (Motion carried 5-0). Since this is a City referendum, REAPP felt it would be appropriate for the City to host the informational meeting scheduled for October 30th, 7:30 p.m., at City Hall. REAPP will assist in any way they can and will be ready to answer questions. M/S/P Armstrong/Graves - to approve the City General Informational meeting on Sunday, October 30t.h, 7:30 p.m. held at the City Council chambers to discuss the landfill referendum. (Motion carried 5-0). Councilman Graves informed the Council that he has a business trip scheduled, but not confirmed, at this time. Congratulations were extended to two REAPP members, Rita Conlin and Margaret. Carlson, for receiving a Certificate of Achievement from the Governor. (Community Access Month) for their performance in Programming on Civic Issues (landfill video presented by REAPP at the County Fair). Co -Chairman Todd Williams offered the Certificate to the Council to be displayed in City Hall.. 5. ADOPTION OF 1989 BUDGET: Resolution No. 88-45 At the September 20th meeting, the Council directed the Finance Director to increase the building permits revenue to balance the budget to allow for an increase in the Administrator's salary. LAKE: ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 PAGE 3 This directive was accomplished as follows: Building Permit. Increase add $2,260 Sewer Permit Increase add 200 Increase Licenses and Permits Review $2,460 Administrator's Salary add $2,2.00 Benefit -Pensions 11.82% add 260 of salary Councilman Johnson pointed out that the budget has increased over the 1988 Budget, but it should be noted that the actual expenditures in 1987 and 1986 were more than what was budgeted this year. The Council pointed out the Budget was particularly frugile in 1988. The 1989 Budget is still a frugile budget, and in comparison with the years 1987 and 1986 actually represents a decrease over those two years. M/S/P Graves/Moe -• to adopt Resolution 88-45 adopting the 1989 Budget for the City of Lake Elmo, as presented. (Motion carried 5-0). 6. PLANNING/LAND USE/ZONING A. Large Lot Subdivision, Lawrence & Florence Kleis 9241 60th St. N., Resolution No. 88-46 The Planning Commission, at their meeting of September 26th recommended Council approval of the large lot subdivision contingent on the conditions listed in their minutes. Lawrence and Florence Kleis are requesting a large lot subdivision and a variance to the 300 foot road frontage requirement in the Rural Residential (RR) Zoning District in order to sell 40 acres. It was noted that the 55th Street cul-de-sac, from which access to this property will be gained (only one driveway from cul-de-sac), is already at almost the maximum 800 ft. length. Therefore, if the purchaser of this property would ever consider development of this property, an improved road would have to be constructed so that somehow it would become a through street not just a continuation of 55th Street. M/S/P Graves/Moe - to adopt Resolution 88-46 approving the Large Lot Subdivision as requested by Lawrence and Florence Kleis, 9241 60th St. N., generally dividing off 40 acres, subject to the following conditions: (1) park dedication of $250.00 for the newly created lot; (2) the applicant provide a survey showing a legal description for the newly created lot and a legal description for the remaining Kleis property which should not include any exceptions, but an up-to-date legal; (3) the purchaser work with the Building Official when the road is put in so that it can be determined if and where a culvert should be placed. and, further that a variance from frontage requirements (off the 55th St. Cul-de-sac) is hereby granted based on the hardship due to the existing cul-de-sac. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 PAGE 4 B. Final Plat; Firefly - Tony Maistrovich Resolution No. 88-47 The Planning Commission at their meeting of September. 26th recommended Council approval of the Final Plat of Firefly; contingent upon payment of the park dedication fee for the residue lot. Bruce Folz presented the Final Plat for a one -lot subdivision which included the legal description. Larry Bohrer had reviewed this final plat and had no problems or concerns with it, but asked about the overlap that showed up in the preliminary plat between Maistrovich and the Skalbeck property to the South. Folz responded that they took the title boundary that exists and physically on the ground there was a 13 ft. differential between the survey that was done before and the section corners today. Mr. Maistrovich will quit claim deed this 13 ft. strip over to Mr. Skalbeck. Folz added that on paper title it would not show up as a parcel, but on the ground it physically does. This portion will be remonumente.d when they stake the plat. M/S/P Moe/Graves - to adopt Resolution No. 88-47 approving the Final Plat of Firefly, generally located off Lake Jane Road North, for Tony and Alice Maistrovich at 8880 Jane Road N.; contingent upon payment of the $250.00 park dedication fee for the residue lot. (Motion carried 5-0). C. PUBLIC HEARING Continuation: D.C. Sales, 9240 Hudson Blvd. Variance to number of Signs D.C. Sales has requested a delay for two weeks. D. Park Dedicaion Fees 1. Resolution No. 88-48, Setting Park Dedication Fee 2. Proposed Ordinance, Amending Section 401.400 of City Code The Parks Commission, at their meeting of September 19th, unanimously recommended the proposed amendment to the park dedication requirements by increasing the park dedication fee, for all subdivisions in all zoning districts to $450 lot or 10% of gross land area. The Planning Commission also at their meeting of 9/26 recommended Council adoption of the above referenced amendments. M/S/P Graves/Moe - to adopt Resolution No. 88-48, a Resolution Designating Payment of Fee in Lieu of Park Land Donation, Under the Provisions of the Subdivision Ordinance, and further that the City Attorney and staff are hereby directed to draft the Ordinance amending Section 401.400 of the Municipal Code for public hearing before the Council. (Motion carried 5-0). E. Proposed Ordinance: Residential Estates The ad hoc committee's draft ordinance proposal was submitted to the Planning Commission at their 9/26 meeting for review and recommendation to Council. City Attorney Knaak provided his analysis LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 PAGE 5 on the proposed Residential Estates Ordinance which recommended that the City limit zoning categories to geographic areas with the City defined within the four corners of the Zoning Code. Council discussion centered on where this zoning district would apply. Councilwoman Armstrong wanted to see RE zoning adjacent to R1 zoning and along Highways 5, 36 and I-94. She would not be in favor of an overall. blanket zoning, but would like to make it a plan of slow growth. Councilman Johnson felt. the RE 'Zoning Ordinance was good, but saw problems with opening it up to the City without definite boundaries. Mayor Christ and Councilman Graves would like to see RE zoning city-wide and to allow an esthetically pleasing development come in with a combination of smaller lots (not less than 1 1/2 acres) and larger lots (not more than 5 acres). Todd Williams suggested a street plan be developed which would coordinate street connections. The Council directed the staff to work with the Planning Commission to put together appropriate geographical maps designating RE zoning areas. The Residential Estates Ordinance Committee will meet on October 12th to discuss this map and the Ordinance. Mayor Christ departed the Council meeting at 8:45 p.m. Acting -Mayor Armstrong presided over the meeting. 7. CITY ENGINEER'S REPORT The Shoreland Permits, referenced below, were prompted by the City's requirement that new septic systems be installed at each of the three homes sites. A. Shoreland Permit: J. Douglass, 8001 50th St. N. James Douglass has applied for a Shoreland Permit to construct a new septic system. His house presently has two systems, neither of which met present Code. Soil borings and percolation tests had been submitted indicating there was sufficient land available without variances. M/S/P Graves/Moe - to approve a shoreland permit for. Jim Douglass, 8001 50th St. N. for installation of a new septic system; contingent on him complying with Larry Bohrer's recommendations: the drainfiel.d consist of 671 SF wth 24" of drain rock under the distribution pipes, a new 1200 gallon septic tank and pump station be installed, all old tanks be properly abandoned, and the house plumbing be tied together so that all waste water goes to the new system. (Motion carried 4-0). Jim McNamara reported that Mr. Douglass' new septic system was installed and finalized this week. Councilman Johnson commented that based on the emergency nature of the situation, appropriate action was taken without the needed permits. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 PAGE 6 Mr. Douglass requested Council approval for spreading the dirt pile on the west side of his lot by the front drainage ditch. He will plant pine trees in this area. M/S/P Graves/Moe -• resolve that the Council hereby approves the request of. Jim Douglass, 8001 50th St. N., to spread the existing fill (approx. 30 cu.yds.) east of the two cottonwood trees, on the west side of the driveway, to be reviewed by Jim McNamara; all contingent upon approval of the DNR, and to also include placement of a "No Parking" sign west of his driveway. (Motion carried 4-0). B. Shoreland Permit: D. Harnish, 8033 50th St. N. Donald Harnish has applied for a Shoreland Permit to construct a new septic system. Soil borings and percolation tests have been submitted indicating there is sufficent land available without variances. M/S/P Graves/Moe •- to approve a shoreland permit to construct a new septic system for Doug Harnish, 8033 50th St. N.; contingent on complying with Larry Bohrer's recommendations of a drainfield consisting of 600 SF with 24 inches of drain rock below the distribution pipes and all other recommendati.ns in Earth Science's letter of August 18, 1988. (Motion carried 4-0). C. Shoreland Permit & Variance: B. Walsh, 8027 50th St. N. Barbara Walsh has applied for a Shoreland Permit to construct a new septic system. Because of the location of the well, the lake side of the house is the only land available for the septic system. A variance for setback from the lake is required. The variance to allow a 40-•foot setback from the Ordinary High Water Mark is requested, where 75 feet is required in the Shoreland Ordinance. Larry Bohrer recommended that the setback variance be granted based on the hardship being there is no suitable land available on the lot. Barb Walsh asked if she could still keep 1 black walnut tree or 2 trees on the west side of her house. Building Official Jim McNamara suggested a 1500 gallon septic tank be installed rather than a 1200 gallon tank and shorten the drainfield area and meet the 3 foot vertical separation from the water table. By enlarging the septic tank, the trees would not be excavated, but some tree damage may occur. M/S/P Johnson/Graves - to approve a shoreland permit to install a new septic system for Barb Walsh at 8027 50th St. N.; contingent on complying with Larry Bohrer's recommendations: a new 1500 gallon septic tank and pump station be installed, a drainfield consisting of 990 SF with-14!� inches of drain rock, all old tanks be properly abandoned and24further that a setback variance from the high water mark be approved for installation of the drainfield based on no other land is suitable. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 PAGE, 7 8. Report of Water Advisory Committee: Hugh Madson, Chairman Committee Chairman, Hugh Madson, thanked the members of the Water Advisory Committee for a very thorough job. Recommendations were made by the Committee to simplify the rate structures and to set fees by Resolution through an ordinance amendment. M/S/P Graves/Johnson - to receive the Report by the Water Advisory Committee and direct the Staff and City Attorney (to only review sections that would have legal ramifications) to review the Code, Sections 600 through 605, and present a proposed Ordinance amendment and Resolution, relative to fee structure, to the Council for consideration. (Motion carried 4-0). 9. CITY ATTORNEY'S REPORT: Steve Carlson Steve Carlson handed out the monthly City Attorney's Report. In regard to the payment of the 201 Real. Estate taxes, Councilman Moe asked if the time of the filing affected the taxes that were going to be paid. Attorney Carlson stated that under the Statutes, they provide during the acquisition process provision should be made for the payment of the taxes. If the taxpayer already paid those taxes, that is the provision that was made. If the taxpayer had not paid those taxes, then the City is responsible for them. The concern he would have is that if the taxes have been paid then the City were to reimburse the taxpayer, that could be construed as illegal. Carlson added that there is a fine distinction between an acquisition of a property through negotiation than through condemnation. Councilman Graves asked if the previous owners of the property had to pay taxes on the property at the time they did not own it? Carlson responded, "no, the taxes that are assessed in 1987 are not payable until 1988". The taxes they were actually paying for in 1988 were taxes that were assessed back in 1987 when they owned the property. Councilman Johnson voiced his concern if the City has treated all of these people equally. Carlson stated different laws or procedures apply between condemnation and negotiations, but the property owners have been treated equally under the law. 1.0. CITY ADMINISTRATOR'S REPORT: A. Verification of Vote for Appeal to Municipal Board's Decision A telephone vote was taken on the decision to appeal the Municipal Board's decision to allow annexation of the Brochman and Fraser properties to Oakdale. The staff requested Council verification of this decision so it may be a matter of record. Councilman Graves questioned what legal avenues the City Attorney would be looking at. The Council asked if the appeal process had been started and if it has, how far has it gone? Administrator Morrison responded the City Attorney was reviewing the State Statutes and she will get an update for the Council, or request the Attorney to address these issues at the 10/18 meeting, LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 PAGE 8 M/S/P Johnson/Graves -• resolve that the Lake Elmo City Council hereby directs the City Attorney to commence proceedings for an appeal to the Municipal Board's decision of September 23, 1988, relative to detachment of lands from Lake Elmo and annexation to Oakdale. (Motion carried 3-1<Moe>). B. Striping Policy Amendment --Local Streets At the September 20th Council meeting, Larry Bohrer discussed the existing street striping policy of the Council. On behalf of the proprty owners on 36th St., Mayor Christ had requested 36th Street not be striped. The Council appeared to indicate a more lienient policy should be set for local streets, providing we receive legal opinion on liability by the City Attorney. The City Attorney stated that there would be an insignificant amount of .liability for the City. Councilman Johnson felt the matter of public safety takes precedent over likes or dislikes of a striped road. The City Engineer recommended following our striping policy and voiced his concern for a neighborhood vote on maintenance issues. The Council decided to table this issue until the next meeting in order to receive input from Arlyn Christ. M/S/P Graves/Johnson - to table the striping policy amendment and consideration for 36th Street until the October 18th City Council meeting. (Motion carried 4-0). C. Application for Sign Permit: Brockman Motors Mr.. Kelly Brockman, of Brookman Motors, has applied for a sign permit to place a facia sign on three sides of his building. The City Council did not consider the overall sign structue as signage, but only considered the wordage on the sign as signage; therefore a variance was not necessitated. With 800 lineal feet of property, the six signs proposed would be acceptable according to the City ordinance. The The Building Official was asked to check if one of the display signs or the cars for sale on the lot were in the right -of -•way. M/S/P Johnson/Graves - to approve the application for a Sign Permit for Brockman Motors to place a facia sign on three sides of his building, on the basis the Council. considered only the "wordage" on the sign as signage; therefore a variance was not necessitated. (Motion carried 4-0). D. Parks Commission): Appointment: Donna Bance (. An application has been received from Donna Bance, 5771 Hytrail. Avenue N., for membership on the Park Committee. Nancy Hansen, Chairman of the Committee, submitted a letter of endorsement for this appointment. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 PAGE 9 M/S/P Moe/Armstrong - resolved that Donna Bance, 5771 Hytrail Avenue N., is hereby appointed to a three year term on the Parks Commission, commencing November 1, 1988. (Motion carried 4-0). M/S/P Moe/Johnson -• to adjourn the City Council meeting at 10:23 p.m. (Motion carried 4-0). --------------- Resolution 88-45 Adoption of 1989 Budget 88-46 Large Lot Subdivision, Lawrence & Florence K1eis 88-47 Firefly Final Plat 88-48 Setting Park Dedication Fee RESOLUTION 88-46 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO LAWRENCE AND FLORENCE KLEIS WHEREAS, Lawrence and Florence Kleis have made application to the City of Lake Elmo for a Large Lot Subdivision of the property described as follows: 37003-2600 - Part of the South 1/2 of the Northwest 1/4 of Section 3, Township 29, Range 21, except part platted as Fox Fire Estates; except, 37003-2601 described as follows: Part of the Southwest 1/4 of the Northwest 1/4 N 5 ft of the S 65 feet of the E 13.50 ft of the W 685.50 feet of the Southwest 1/4 of the Northwest 1/4 of Section 3, Township 29, Range 21, subject to easements; and 37003-2650 - Part of the Northeast 1/4 of the Northwest 1/4 exc to Highway. Also excluding 37003-2700 described as follows: Part of the Northwest 1/4 of Section 3, Township 29, Range 21, com at N 1/4 cor of Sec 3 then S along E line of NW 1/4 sd Sec 3 for 305 ft to Sly r/w line Minn Hwy 36 which is pt of beg this desc; thence W along sd Sly r/w for 1406.8 ft to its intsec with a straight line drawn from a pt 2 rods w of SE cor of NW 1/4 of NW 1/4 Sec 3 to a pt 6 rods W of NE cor sd NW 1/4 of NW 1/4; then Sly along sd straight line for 420.4 ft thence E par with sd Sly r/w line for 1391.3 ft to sd E line NW 1/4 thnce N along sd E line NW 1/4 for 420 ft to pt of beg. Subject to easements; and excluding 37003-2660 described as follows: Pt of NE 1/4 of the NW 1/4 of Section 3, Township 29 Range 21, and pt of the NW 1/4 of the NW 1/4 of Sec 3 Township 29 Range 21 com at NE cor of NE 1/4 of the NW 1/4 of Sec 3 thn Sly along E line of sd NE 1/4 of the NW 1/4 on assumed bearing of sl Deg 31 minutes 09 seconds E for 308.90 ft to Sly r/w line of MN Hwy 36 thence S 88 degrees 55 minutes 41 seconds West along sd Sly r/2 line of MN Hwy 36 to inters with straigh line drawn from pt 2 rods W of SE cor of sd NW 1/4 of the NW 1/4 to pt 6 rods W of NE cor of sd NW 1/4 of the NW 1/4 thence S 4 degrees 08 minutes 17 seconds E along last desc line for 420.4 ft to pt of beg of this desc thence N 88 degrees 55 minutes 41 seconds E & par wih sd Sly r/w of MN Hwy 36 for 727.16 ft thnce S 1 degree 31 minute 09 seconds E & par with sd E line of NE 1/4 of to NW 1/4 for 309.56 ft thnce S 88 degrees 55 minutes 41 seconds W & par with sd Sly r/w of MN Hwy 36 for 713 ft to t inter with line which bears S 4 degrees 08 minutes 17 seconds W for 310 ft to pt of beg. Subject to easments. Whereas, the Planning Commission considered this application at a public hearing on September 26, 1988 and recommended the subdivision of the above referenced parcels into two parcels described as follows: R88-46_ Kleis_ Large Lot_ Subdivision .__ Page- 2 That part of the Southeast Quarter of the Northwest Quarter; that part of the Northeast Quarter of the Northwest Quarter and that part of the Northwest Quarter of the Northwest Quarter all in Section 3, Township__29..North,. Range 21. W.es_.. _t'._ _ --. .- ----t--- ------described--- s Washington County, Minnesota as follows: Beginning at the southeast corner of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 00 minutes 16 seconds West, assumed bearing, along the south line of said Southeast Quarter of the Northwest Quarter a distance of 693.00 feet; thence North 02 degrees 44 minutes 10 seconds West 1212.85 feet to the south line of the North 100.00 feet of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along said south line 599.00 feet to the west line of said Southeast Quarter of the Northwest Quarter; thence North 01 degree 31 minutes 51 seconds West along said west line 100.01 feet to the northwest corner of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along the south line of said Northwest Quarter of the - Northwest.Quarter-a distance of_33..00feet: (Z'rods) ;_-thence North 04 degrees_. — 07 minutes 49 seconds West along a line that intersects the north line of said Northwest Quarter of the Northwest Quarter distant 99.00 feet (6 rods) west of the northeast corner of said Northwest Quarter of the Northwest Quarter, as measured along said north line, a distance of 405.30 feet. to the - southwest corner of the tract described in Document No. 366476, as recorded ,in the office of the County Recorder, Washington County, Minnesota; thence North 88 degrees 56 minutes 29 seconds East along the south line of said tract 713.00 feet to the southeast corner of said tract; thence North 01 degree 30 minutes 32 seconds West along the east line of said tract 309.56 feet to the northeast corner of said tract and a point on the south line of the tract described in Book 236 of Deeds, page 419 as recorded in,said office .of the County Recorder; thence North 88 degrees 56 minutes 29 seconds East along the south line of said tract 656.53 feet to the east line of said Northeast Quarter of the Northwest Quarter; thence South 01 degree 30 minutes ` - 32'seconds East albnr said east"line and along -the east-Iine'of-said- Southeast Quarter of the Northwest Quarter a distance of 2028.28 feet to the point of beginning, containing 40.00 acres, more or less. Subject to an easement for.ingress and egress over that part thereof described as follows:... Beginning at the southwest corner of the North 100.00 feet of said Southeast Quarter of the Northwest Quarter; thence _ -North 01 degree 31 minutes 51 seconds Flest, assumed bearing, along the west line of said Southeast Quartet of the Northwest Quarter a. •distance of 100.01- Feet to -the northwest. corner of. said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along the south line of said Northwest Quarter of the Northwest Quarter a distance of 33.00 feet (2 rods); thence North 04 degrees 07 minutes 49 seconds West along a line that intersects the north line of said Northwest Quarter of the Northwest Quarter distant 99.00 feet (6 rods) west of the northeast corner of said Northwest_Quarter_n£_the Northwest Quarter, as measured along said north line, a distance of 405.30 feet to the southwest corner of the tract described in Document No. 366476, as recorded in the office of the County Recorder, Washington County, Minnesota; thence North 88 degrees 56 minutes 29 seconds East along the south line of said '-tract-51.38 feet to -the 'hest "Pine of -said Northeast-Quarter-of-the"Northwest- Quarter; thence South 04 degrees 55 minutes 48 seconds East 505.96 feet to a point on the south line of said North 100.00 feet of the Southeast Quarter of the Northwest Quarter distant 30.00 feet easterly of said southwest corner of ; the North 100.00 feet of the Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along said south line 3.0.00 feet -to the point of beginning. " ' '- R9946 R88-46 Kleis Large Lot Subdivision PAGE 3 Also, subject to a power line easement in favor on Northern States Power Company as described in Book 293 of Deeds, page 63, recorded and on file in said office of the County Recorder. l Also, subject to a power line easement in favor on Northern States Power Company as described in Book 234 of Deeds, page 298, recorded and on file in sa-id office - of _the County Recorder. _ _-.-----.---------------_--_... PARCEL B That part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 21 West, Washington County, Minnesota lying southerly of the North 100.00 feet thereof and lying westerly of the following described line: - ' -Commencing at`the southeast corner of -said- Southeast -"Quarter of -the Northwest Quarter; thence South 89 degrees 00 minutes 16 seconds West, assumed bearing, along the south line of said Southeast Quarter of the Northwest Quarter a distance of 693.60 feet to the point of beginning of the -line to described; thence North 02 degrees 44 minutes 10 seconds West 1212.85 feet to the south line of said North 100.00 feet of the Southeast Quarter of the Northwest - Quarter and said line there terminate. , - - - ---- Also, that part of the Southwest Quarter of the.Northwest Quarter of said Section 3 lying northeasterly of the north line of 55th Street North as dedicated on FOX FIRE ESTATES, according to the plat on file in the office of the County Recorder, Washington County, Minnesota. Together with an easement for ingressandegress over that part of the Northwest Quarter of"the-Northwest Quarter, the Northeast --Quarter of -the Northwest'Quarter and the Southeast Quarter of the Northwest Quarter all in said Section 3 described as follows: Beginning at the southwest corner of the North 100.00 feet of'said Southeast Quarter of the Northwest Quarter; thence North 01.degree 31 minutes 51 seconds West, assumed bearing, along the west line of said Southeast Quarter of the Northwest Quarter a distance of 100.01 feet.to the northwest corner of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along the south line of said Northwest Quarter of the Northwest Quarter a distance of 33.00 feet (2 rods); thence North 04 degrees 07 minutes 49 seconds West along a line that intersects the north line of said Northwest Quarter of the Northwest Quarter distant 99.00 feet (6 rods) west of the northeast corner of said Northwest Quarter of the Northwest Quarter, as measured along said -north Line r-a-distance of 405.-30--feet to the -'; southwest corner of the tract described in Document No. 366476, as recorded j in the office of the County Recorder, Washington County, Minnesota; thence North 88 degrees.56 minutes 29 seconds East along the south line of said tract 51.38 feet to the west line of said Northeast Quarter of the Northwest Quarter; thence South 04 degrees 55minutes 48 seconds East 505.96 feet to a point'on the south line of said North 100.00 feet of the'Southeast Quarter of the Northwest Quarter distant 30.00 feet easterly of said southwest.corner of the North 100.00 feet of the Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along said south line 30.00 feet to the point of beginning. -'— I NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: The application of Lawrence and Florence Kleis for a Large Lot Subdivision for the real estate described above, be and the same hereby is granted, subject to the following conditions: 1. The applicant pay a park dedication fee of $250 for the newly created lot; 2. The applicant provide a survey showing a legal description for the newly created lot and a legal description for the remaining Kleis property. 3.. The the purchasers work with the local Building Official when the road is put in so that it can be determined if and where a culvert should be placed.. ADOPTED by the City Council of the City of Lake Elmo this 4th day of,. October, 1988. Signed: At j'. � Cif' 'rt r/ 'hrist, Mayor CLAIMS TO BE APPROVED AT OCTOBER 4, 1988 LAKE ELMO COUNCIL MEETING (all claims are within budget unless otherwise noted) 90837 thru Office $ 44.98 90841 - Cleaning Fire Hall 15.98 90842 Commissioner of Revenue ember State withholding .90843 Mark Hoisington - Compost worker 50844 Sally A. Zibell - MSA permanent road easement 9'0845 Sally A. Zibell - MSA house and structure 50846 L.M.C.I.T. - October hospitalization 90847 Allied Group Ins. - October premium 90848 Minn. Benefit Assn. - October premium 90849 Citizens League - membership dues 9.0850 Four Seasons - coffee '=90851 -Merle Eastman - Animal control officer - 1/2 Sept. 90852 Gerald Dahlberg - " it '°III 90853 City of North St. Paul - animal control vehicle 90854 Oakwood Animal Hospital impounding Sept. 90855 Rauenhorst Carlson & Knaak - Legal General $ 1,586.63 201 Fund.. 298 50 •1: 90862 90863 90864 90865 90866 90867 90868 90869 90870 90871 90872 90873 90874 90875 90876 90877 90878 90879 .Caswell & Assoc. - retainer Frank Langer-_Asseasor monthly payment Washington County 4th Otr.1988 police contract Washington Cty, taxes for 2.:par.cels acquired for this amount is for 19'88 -taxes, not for penalty Northern States Power - 0 ice $ 191.38 Fire Dept. 133.59 Maim. 106.94 Parks 104.74 Street Li.tes 761.05 Water Dept. 424.67 Sewer Fd. 15.72 60.96 817.00 82.50 15,600.00 58,750.00 1,938.34 81.79 56.00 40.00 12.75 195.00 225.00 165.00 140.00 1,885.13 900.00 1,000.00 22,652.29 201 1,558.88 & interest US West Office $ 170.01 Fire 54.41 Maint. .57.29 Parks 12.'52 AT & T - Office phones General Communications - Fire dept. radio service Minn. Conway Fire & Safety - Fire Dept. Channing Bete Co. - Fire Prevention material National Fire Protection Assn. - Fire Prevention Publishers Clearing House - Fire Dept, dues Uniforms Unlimited - Fire Dept. Dray Publications - Fire Prevention Oak Park Heights Industries - Fire Dept. printing Vendors Supply & Service - Fire Dept. Oxygen Service Co. - Fire Dept. supplies Streicher's - Fire dept supplies Clark Equip. Credit Corp. - Maint. Dept, loader pmt Truck Utilities - Maint, dept parts & repair Vern's GTC Auto parts Northern Gases - Maint. Dept. Washington County - Grading July and August Best Locks - Office $ 91.75 Maint. 131.75 Parks 145.25 Water 85.25 1,738.09 294.23 66.95 67.30 115.00 500.00 38.85 15.97 299.25 178.50 198.37 4.34 34.00 17.00 1,556.00 38.20 112.85 79.45 1,102.80 454.00 (Over) OCTOBER 4th CLAIMS CONTINUED 90880 MB Industrial Supply Co.- Maint. Dept supplies 90881 Lampert Building Center - Maint. Dept. _ 90882 Pioneer Rim & Wheel - Maint. dept 90883 Miller Excavating - Water Fund 90884thru 90896 October 7th payroll - $ 31.24 89.88 31.20 147.60 10.008.17 '..j;:e Y_I yY.C'i'�i.'.s•-'�Y[I�-R�T RAUENHORST CARLSON & KNAAK ATronrEvs AT W ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 September 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 08/29/88 .50 Review Ordinance Proposal (FWK) 08/30/88 .50 Office conference with Administration re misc civil matters; Office conference with city engineer (FWK) 09/02/88 1.00 Prep for Council Meeting; Review correspondence from Cty.Attorney; Office conference with SPC (FWK) 09/06/88 3.00 Prep for and attendance at City Council Meeting (FWK) 09/07/88 .50 Phone conference — P.M. re misc matters; Phone con— ference — Dellwood (FWK) _ 09/09/88 1.50 Office conference with County Attorney and Auditor; Memo to file (FWK) 09/14/88 .25 Phone conference — L. Bohrer (SPC) .25 Phone conference — Staff (FWK) 09/15/88 .75 Phone conference — P. Morrison re ballot language; Research Tax dept (FWK) 1.00 Draft Easements re 1989 MSA Street Improvements (SPC) 09/16/88 1.00 Research re electric issue (FWK) .25 Letter to L. Bohrer re 1989 MSA Street Imp. (SPC) 09/18/88 1.00 Research re Tax issue (FWK) 09/19/88 .75 Phone conference — staff re Friday meeting; Review council packet (FWK) 09/21/88 .25 Phone conference — client re MSA Street Imp (SPC) .25 Phone conference — PM re misc council issues (FWK) City of Lake Elmo General September 26, 1988 Page Two Retainer received 09/09/88 for August services Attorney Hours Covered by Retainer: General legal services Other (Council meetings, etc.) Attorney Fees Not Covered by Retainer: Document drafting & opinions Costs & disbursements Retainer for September TOTAL AMOUNT DUE 500.00 9.75 3.00 12.75 .00 .00 500.00 500.00 \ I declare, under the penalties of law, that the above acco t, claim or demand is true and correct. F cleric W. Kna �*a�.reir,�i�ux RAUENHORST CARLSON & KNAAK Anoau AT uw ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 September 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Jungman FOR PROFESSIONAL SERVICES RENDERED iyn m pw ti fi DATE AMOUNT DESCRIPTION 08/29/88 15.00 File review; Letter to client 08/29/88 5.00 Word Processing 08/29/88 3.50 Copy of Letter to Client Total Lawyers' Services 18.50 - Total Paralegal Services .00 Costs & Disbursements .00 Word Processing Services 5.00 tir ey t tip f F aim e TOTAL AMOUNT DUE 23.50 I declare, under the penalties of law, that demand is true and correct. 1 above account, claim or" c W. srp. s„'cas"la�x e st.�`.v,W •, RAUENHORST CARLSON & KNAAK enanrmisATUW ROSEDALE CORPORATE PLAZA 2585 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 September 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Section 32 FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 09/19/88 15.00 Phone conference - client (SPC) 09/20/88 15.00 Receipt of Notice of Hearing (SPC) 09/20/88 60.00 File review; Prep for Hearing (FWK) 09/23/88 75.00 Auendanae--at Planning Commission; Office conference with PM re same;— Fae review; Research; p__ice c_on-_ ference with SPC re procedure on Armstrohg (FWK BALANCE OUTSTANDING Payment Received - Thank You Total Lawyers' Services Total Paralegal Services Costs & Disbursements Word Processing Services TOTAL AMOUNT DUE I declare, under the penalties of law, that demand is true and correct. 45.00 -45.00 165.00 .00 .00 .00 165.00 above account, claim or c W. RAUENHORST CARLSON & KNAAK Anoar AT LAW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 September 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Derrick�II 1r�1 FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 08 26/88 75.00 File review; Review Answers to Interrogatories; Research 08/29/88 45.00 Phone conference— P. Morrison, opposing counsel; Letter to opposing counsel 5.00 Word Processing 3.50 Copy of Letter to Client 08/30/88 105.00 File review; Office Conference at City Offices re Answers to Interrogatories 5.00 Word Processing 09/02/88 75.00 Research re engineering materials; Phone conference — client; Draft Answers 09/06/88 75.00 File review; Draft Answers; Letter to opposing counsel 5.00 Word Processing 3.50 Copy of Letter to Client 09/07/88 60.00 Draft Answers 09/08/88 62.00 Paid Filing Fee 60.00 Completion of Responsive Drafts for Disclosure 09/09/88 60.00 Revision of discovery documents; Cover letter ape sam�u� 65.00 Word Processing 3.50 Copy of Letter to Client 8.13 Paid Dependable Courier for Service to Brian Ohm City of Lake Elmo Derrick File September 26, 1988 Page Two BALANCE OUTSTANDING 90.00 Payment Received — Thank You —90.00 Total Lawyers' Services 565.50 Total Paralegal Services .00 Costs & Disbursements 70.13 Word Processing Services 80.00 TOTAL AMOUNT DUE 715.63 I declare, under the penalties of law, that the above account, claim or demand is true and correct. al RAUENHORST CARLSON & KNAAK ATTgMEYBATUW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 September 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (S) Attention: Marilyn Re: Severin Ili FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 08/31/88 45.00 Amend Answers to Interrogatories; Draft Reply Prod Documents 15.00 Revise Response to Request for Production of Documents 10.00 Word Processing 09/06/88 15.00 Update to Council 30.00 Amend Documents; Letter to opposing attorney 15,00 Review correspondence from opposing attorney 5.00 Word Processing 3.50 Copy of Letter to Client 14.00 Photocopies 09/20/88 15.00 Phone conference — B. Schwab _. BALANCE OUTSTANDING 310.00 Payment Received — Thank You—310.00 Total Lawyers' Services 138.50 Total Paralegal Services .00 Costs & Disbursements 14.00 Word Processing Services 15.00 TOTAL AMOUNT DUE 167.50 I declare, under the penalties of law, that,rthe abov accoutl�t,, claim or demand is true and correct. rederic W. KnVk RAUENHORST CARLSON & KNAAK ATTMM AT "W ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 September 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Thomas Armstrong FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 08/31/88 15.00 Phone conference — Counsel confirming dismissal BALANCE OUTSTANDING 15.00 Paymeqt Received — Thank You —15.00 ' Total Lawyers' Services 15.00 Total Paralegal Services .00 Costs & Disbursements .00 Word Processing Services .00 �z TOTAL AMOUNT DUE 15.00 I declare, under the penalties of law, that the above a demand is true and correct. A f J claim or 11 RAUENHORST CARLSON & KNAAK AnoaN AT LAW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 September 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (S) Attention: Marilyn x Re: 201 Condemnation der FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 09702/88 60.00 Research Memo re Taxes 5.00 Word Processing 09/06/88 30.00 Revise Tax Memo 15.00 Phone conference — client re tax 09/07/88 15.00 Draft Lien 30.00 Office conference with SPC; Phone conference — County Attorney (FWK) 09/12/88 15.00 Word Processing - 3.50 Copy of Letter to Client 09/15/88 45.00 Final Draft of Acknowledgment and Liens 60.00 Word Processing d rat a nry �x +4'1 09/19/88 15.00 Letter to client 5.00 Word Processing BALANCE OUTSTANDING Payment Received — Thank You Total Lawyers' Services Total Paralegal Services Costs & Disbursements Word Processing Services TOTAL AMOUNT DUE 210.50 —210.50 213.50 .00 .00 Al nn 298.50 I declare, under the penalties of law, that the above acco nt, claim or .n,zr?•.xS�t:ua demand is true and correct. �J e er c na 7 SD C7 0 F R 10 m J( i 1113 1* (A FR111MYN N I [IJA%li. 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MOW THAT 'TAXES ON THE PAPWL.3DENl1FJFV DEL OW ARE LAW. H:1IW H,Y)U ALIAWOV PSIDE PAYNEMT.ON THIS !PROPERN PLEASE 1101RE TUrS MOVIC& rF 01 roW16WE COMPANY IS REIAPONSIVILE FOY YOUR IAYFS, PLIWE LUWIACI 111H, WanuillON&I PlJrlALfY DIE AFTER 6A2118H. PLEASE REFER TO THE PENALTY SCHEAULE Al j �i'fffIEMENI OR IELEPHONE OUR WITICE Al (612)771-5AOB, V2— UNPAID rAXES .11 1315 Y01IR Ird: POW341 WAD (OZ 1i 1 I )I I I JU 1* 11 AE L.I f FH YOUR PAYMENT )f *xPEMALTY OR% TOVAL Af-lOk IN NOW DUE 1510. 1:1 fli I IzS ti;l it m H D ABliK PAVABLE 10 1 1 — SAW17100 60 0 E TORI TREASURER PARCEL MO. 37700-2050 flof 1-1 11H RELY VITAO