HomeMy WebLinkAbout05-21-91 CCMMINUTES:APPROVED: 6-4-91
MINUTES:ISSUED: 6-14-91
LAKE ELMO CITY COUNCIL MINUTES
MAY 21, 1991
Mayor Johnson called the City Council meeting to order at 8:02
p.m. in the City Council chambers. Present: Mayor Johnson, Hunt,
Dick Johnson, Mottaz, Williams, City Attorney Jerry Filla, City
Engineer Tom Prew and City Administrator Kueffner.
1. AGENDA
Add: 5C. Fox Fire Manor -Intersection Configuration, 6. Watermain
Project.
M/S/P Hunt/Williams - to approve the May 21, 1991 City Council
agenda as amended. (Motion carried 5-0).
2. MINUTES: May 7, 1991
M/S/P Hunt/Williams - to approve the May 7, 1991 City Council
minutes as amended. (Motion carried 4-1: Mottaz: Did not feel the
procedure for correcting the motion for approving the preliminary
plat for John Day was correct.)
3. CLAIMS
M/S/P Mottaz/Hunt - to approve the May 21, 1991 Claims #94807 thru
#94855 as presented. (Motion carried 5-0).
4. REAPP REPORT
Margaret Carlson reported the House and Senate voted on an
amendment to the Waste Management Act that would put a moratorium
on the present siting process. The moratorium is not complete
until August 1, 1992. At that time the legislative commission on
waste management can either repeal or reinstate the process.
Carlson requested the Council ask the City Administrator to draft
a letter to the firms of Colle & McVoy, Leonard, Street & Deina.rd,
November Group, and Clean Water Action Project, thanking them for
a great job done in being instrumental in stopping the process.
Margaret added, that the public relations firm recommended some
type of bill signing ceremony at the Regional Park. At that time,
she suggested launching the upgrading of the recycling program by
adding batteries to the collection program.
Councilman Williams reported that REAPP will have a meeting on the
first Sunday in June and will be receiving an official evaluation
of the bill from Ellen Sampson.
M/S/P Hunt/Williams - to request the City Administrator to send
letters to the organizations mentioned by Teddi Carlson thanking
them for their tireless efforts and compliment them on their work
that got us to where we are today. (Motion carried. 5-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 21, 1991 PAGE 2
Mayor Johnson asked that Reapp, in particular, Teddi Carlson, Rita
Conlin and the executive crew be sent resolutions conveying the
city's appreciation for all their time, efforts, and dedication.
M/S/P Mottaz/Hunt - to request the staff prepare individualized
resolutions, signed by the Council, thanking ReAPP members for
their time and efforts in stopping the landfill siting process.
(Motion carried 5-0).
5. PLANNING, LAND USE AND ZONING:
A. Public Hearing: Petition to vacate walkway easement in
Demontreville Highlands
Mayor Johnson opened up the public hearing at 8:32 p.m. in the
City Council chambers. The public hearing notice was published on
May 8, 1991 in the St. Croix Valley Press.
This is a public hearing to consider a petition submitted to the
City for the vacation of a walkway easement between lots 13 and
14, Block 3, Demontreville Highlands 4th Addition.
Mike Maas, 5459 Highlands Trail N., presented a memo indicating
reasons the residents of the DeMontreville Highlands neighborhood
are asking the City to vacate the DeMontreville park walkway
access and abandon all improvement plans for this access site.
Dan Coyle, 5430 Highlands Trail N., gave verbal cost proposals
from contractors to upgrade this easement and noted the City could
find other projects to spend this money on.
Mark Rivard, 5290 Hilltop Avenue N., stated the majority of the
people are not looking favorably on this easement.
Gloria Knoblauch explained she was one member on the parks
commission that voted against the motion because there was the
nature walk closeby and another northern entrance. The reasoning
of the rest: of the Parks Commission was "we have this right, we
should exercise our option."
Mayor Johnson closed the public hearing at 8:50 p.m.
Councilman Johnson indicated his concern from a safety standpoint
that there is no parking along either Highlands Trail N. or
DeMontreville Trail, and there is not a good shoulder for walking
along DeMontreville Trail for small children. Another concern is
that the Council needs to listen to the Park Commission, which
they have appointed, who advised the city to keep the walkway
easement and requested park land in Fox Fire Manor. In this case,
Dick believed the reasons for vacating the easement exceeded those
for keeping it.
L kKL I,,1,Ni.; C'7 1': C01,N(_' _• C,
M/S P D `z,P�/W.i .liaels •.. to ad>L)-" Rescluticm No. 91-15 vacating the
I easement described in said resolution, based on the finding that
this easement serves no public purpose and that ingress and egress
to DeMontreville Park is provided to the park for the general
public in two different locations, one being within 750 feet of
easement being vacated. (Motion carried 5-0).
B. Arabian Hills - Final Plat
The Planning Commission reviewed the plat at its May 10th meeting
and recommended approval; subject to the following conditions:
1. Developer obtain necessary permits from VBWD.
2. Developer enter into a developer's agreement acceptable
by the City Attorney.
3. Developer pay a park dedication fee of 7& of the value
determined by Frank Langer in his letter dated, May 9, 1991.
4. That the City Council settle the question of berming on
the Keith Raleigh property.
In regard to the berming of the Keith Raleigh property, Roger
Kolstad had made an offer to Mr. Raleigh to provide 5 transplanted
Norway Pines, 15 feet tall, or $750.00 for Mr. Raleigh to provide
his own landscaping. Mr. Kolstad provided pictures from the
proposed street in Arabian Hills to the Raleigh property. (These
pictures showed the existing landscaping on the Raleigh property.)
Mr. Raleigh indicated he would settle for $8,500, the cost of a
landscape plan he had prepared by Heins Valley Creel, Nursery.
(The City received a copy of the landscape plan at the meeting.)
The City Attorney reviewed the revisions of the Developer's
Agreement.
The City Administrator has talked to Karen Chandler who indicated
VBWD will give their official approval at their next meeting that
the driveway on Lot 10 is above the 100-year flood plain. Roger
Kolstad explained this was an oversight by their engineer who did
not put down the correct elevation on the driveway.
Councilman Williams proposed adding two conditions (No. 5 & 6) to
Resolution No. 91-16:
5. Developer shall adhere to all city standards and
ordinances.
6. The developer shall on or before September 15, 1991 plant
up to 5 spruce or cedar trees each at least 10 ft. tall on the
Keith Raleigh property for the purpose of screening the Raleigh
house from vehicular headlights on 53rd St. N. and Keats Avenue,
with the location of the trees being specified by Keith Raleigh on
or before September 1, 1991.
LAKE ELMO CITY COUNCIL MINUTES MAY 21, 1991 PAGE 4
f M/S/P Williams/Mottaz - to adopt Resolution No. 91-16 as amended
(In Conditions No. 1 add wording °developer's/feeowner's
agreement" and add Condition No. 5 and 6) granting final plat
approval of Arabian Hills as stipulated in said resolution. Said
approval is based on the favorable recommendation of the Planning
Commission, City Engineer, City Planner and City Attorney.
(Motion carried 5-0).
C. Fox Fire Manor
Councilman Williams felt it was appropriate to bring back the
motion approving the preliminary plat for Fox Fire Manor back for
reconsideration. Williams explained his intent was to discuss the
configuration of the intersection. The developers had originally
shown a right angle intersection and the PZ had recommended a
curve type intersection. He felt the Council did not explicitly
discuss that part of the PZ's recommendation and it was his intent
to resolve the question. Williams stated he had talked to the
developer and his engineer and they have not done any additional
drawings.
Councilman Hunt stated he would not be opposed to passing this
information onto the developer and leaving it go because he could
live with either road configuration. Councilman Mottaz didn't see
a strong need to change the road configuration and noted that, if
there is a curve, it might encourage people to race. Councilman
Johnson had a concern with safety on the curve arrangement as
opposed to a right angle intersection. When the City Engineer was
asked his opinion, Tom Prew stated an intersection with a curve is
all right as long as you can meet the sight distances for both
left and right turns.
Councilman Williams suggested when the Council and City Engineer
look at future plats, we should keep in mind how we want these new
roads to function. Do we want them to function as thru roads or
to function primarily as local streets.
6. CITY ENGINEER'S REPORT:
Tom Prew reported the City has received bids for well abandonment.
The Ramsey Environmental Sub -committee approved the costs today.
Washington and Ramsey County will go to their Boards next Tuesday.
At the June 4th meeting, the Council may award the two contracts.
7. CITY COUNCIL REPORTS:
A. Economic Development Committee
Residential Development
Section 32 & 33 Update:
Mayor Johnson informed the Council there was an understanding
between Lake Elmo, Oakdale and the Municipal Board that all
property owners that did not sign the petition to annex to Oakdale
would stay in Lake Elmo and these were addresed in the judgement
as exceptions to the detachment/annexation rule. They were
LAKE ELMO CITY COUNCIL MINUTES MAY 21, 1991 PAGE 5
identified by property description. Further, when Oakdale
subsequently sought to annex the properties that were not
petitioned, but were not within their City, the Municipal Board
decided "no". Going thru the property descriptions, staff
discovered they included only tax exempt land which means they
missed 5 residents in the southwest corner of Section 33. The
Municipal Board made an error by including these residents.
Washington County has sent out the tax bills and these 5 residents
are paying Oakdale taxes. The City Attorney was looking into
this.
Economic Development Committee:
Mayor Johnson stated he would withdraw his proposal for an
Economic Committee and will attempt to get our Lake Elmo business
community involved in doing a survey on existing businesses,
expansion plans, timeliness, and what we have that landowners feel
is appropriate for development.
Councilman Hunt suggested contacting SAEDC and informed the
Council that a PZ member is one of the directors on the Stillwater
Chamber of Commerce.
M/S/P Dave Johnson/Mottaz - to rescind the motion of March 15,
1991 to appoint an Economic Board. (Motion carried 5-0). As a
point of order, Councilman Williams raised the issue that a Mayor
cannot make motions, but was overruled by the Mayor.
Residential Development:
Mayor Johnson stated he has been talking to people about cluster
development, leaving unchanged the average density of residential
development, but clustering them on smaller lots, 1-1.5 acres. In
his mind the last approved Comp Plan has established an
unfortunate policy of siting homes on acreage of 3.3 acres per
homestead. What this intends to do is quickly gobble up our city
in large tracts leaving nothing as Rural that is so highly prized
by our residents. What we are being left with is a large lot
suburban territory that provides none of the expansive vistas that
one visioned when one thinks of country. He feels the policy has
both physical and sociological downside. The Mayor suggested
holding a town meeting between now and September 1, 1991 where the
risk and rewards of continuing down the current residential path
or establishing a cluster potential in our ordinances. Further,
after such a meeting, lie would like to see alternative positions
written and mailed in a newsletter to solict city-wide comment.
Councilman Hunt felt this was an excellent idea to have in a
Forum. Councilman Johnson indicated he has sensed from talking to
people a strong desire for large lots and that the large lot
developments are sold fast. He would be in favor of getting an
accurate assessment from the residents. Councilman Williams
indicated he certainly was in favor of public meetings. He was
against cluster development because he felt the large lots were
strictly holding zones so that it is easier to put sewer in and
other city utilities. We have seen that already in Lake Elmo
Heights, where the developer signed an agreement with the city to
LAKE ELMO CITY COUNCIL MINUTES MAY 21, 1991 PAGE 6
have a large outlot, come back and requested developing that area
in small lots. The people he talks to want to have large lots and
based on the RE developments coming into the city, there seems to
be a healthy market for such lots.
B. Councilman Hunt -No report.
C. Councilman Johnson
Councilman Johnson gave an update on the Maintenance Advisory
Committee which met and selected Jim Palecek as Chairman. At the
next meeting, which date has not been set, the committee will tour
all of the city facilites would like to discuss the purchase of
the truck for the Parks Dept.
D. Councilman Mottaz - Town Meeting
Councilman Mottaz suggested establishing a quarterly town meeting
in Lake Elmo. The purpose of the town meeting is to provide an
open forum for the citizens of Lake Elmo to question City Council
members, to offer suggestions, to register complaints, and in
general engage in open discussion concerning the present and the
future of Lake Elmo.
The meeting will be held on the third 'Wednesday of the third month
of each quarter of the year (subject to change within the third
month to accommodate for serious conflicts). The meeting shall
begin at 7:00 p.m. and end at 10:00 p.m. and will be held outside
of City Hall and shall be attended by the City Council members,
the City Administrator and the Code Enforcement Officer.
The meeting will be called to order at 7:00 p.m. by the City
Administrator who will then preside at the selection of a
moderator. Thereafter, the moderator will have charge of the
meeting. City council members and their family and City
commission and city committee members and their families will not
be eligible to serve as a moderator. The agenda shall be open and
the format informal.
The meetings shall be announced in advance as required by law.
Announcements and advertisements may suggest topics for
discussion. The first meeting will be on June 19, 1991.
M/S/P Mottaz/Hunt - to start quarterly town meetings to be held
the third Wednesday, third month of each quarter at 7:00 p.m. held
outside of City Hall as defined in Councilman Mottaz's proposal.
The first town meeting will be held June 19, 1991 at a location to
be announced in advance as required by law. (Motion carried 5-0).
E. Councilman Williams - Cost Control Board
In view of the tax revenue problems we will be faced with,
Councilman Williams would like to institute the Cost Control
Board. The Council set up a workshop for Tuesday, May 28, 1991 at
7:00 p.m. at City Hall.
LAKE ELMO CITY COUNCIL MINUTES MAY 21, 1991 PAGE 7
M/S/P Williams/Hunt - to hold a Council workshop to discuss the
Cost Control Board on Tuesday, May 28, 1991, 7:00-9:00 p.m., City
Hall. (Motion carried 5-0).
8. CITY ATTORNEY'S REPORT:
9. CITY ADMINISTRATOR'S REPORT:
A. Appointment of Mike Bouthilet as Parks and Recreation
Supervisor
The official appointment of Mike Bouthilet as Parks & Recreation
Supervisor was postponed until Dan Olinger returned from his
personal leave of absence and until the job notice was posted for
all employees. Dan has returned to work and no other employees
have expressed interest in the position. Staff recommended that
the Council take the action to make the appointment official.
M/S/P Hunt/Dick Johnson - to appoint Mike Bouthilet as the Parks &
Recreation Supervisor for the City of Lake Elmo effective
immediately. (Motion carried 5-0).
B. Parks Commission request for use of City Planner
At the request of the Parks Commission, Mike Black has put
together an outline and cost estimates for preparing a
Comprehensive Parks & Recreation Plan. The Parks Commission has
appointed a sub -committee of four members to work with Mike on
this plan. There is $4,700 left from a grant the City received
for planning that must be used for no other purpose than for
parks. If more money is needed for this project, it could come
out of the Parks Department C.I.P.
M/S/P Mottaz/Hunt - to approve the Lake Elmo Parks and Recreation
Plan proposal by Mike Black and authorize the expenditure up to
$4700 to be taken out of the money left from a Grant the City
received for planning. (Motion carried 5-0).
C. DPRA Contract (continuation)
At the direction of the Council, the City Administrator negotiated
with DPRA regarding the increase on the Geraghty & Miller portion
of their contract. Geraghty and Miller has agreed to a cap of
13.5% increase (twice the average of the DRPA increase because it
covers a two-year period.)
M/S/P Hunt/Dick Johnson - to approve the contract amendment. with
DPRA as outlined in their letter of April 25, 1991, subject to the
increase for the services provided by Geraghty & Miller not to
exceed 13.5% to be effective July 1, 1991. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 21, 1991 PAGE 8
D. Parks Commission request for repair of tennis courts
At the April 15, 1991 Parks Commission meeting, Mike Bouthilet
proposed resurfacing on the Lions Park tennis court. Lions Park
was resurfaced at least 10 years ago.
Surfacing consists of:
--clean court surface,
--patch & level "Bird Bath" areas to within industry standards,
--clean, treat & fill cracks,
--apply a filler coat,
--apply two texturing courses,
--apply a finish coat,
--court colors to be red & green with 2" white playing lines.
The recommendation of the Park Commission was to resurface the
courts. The money will come out of the Parks Capitol Improvement
Fund, current balance $39,000.
Four bids for the job were received:
Tennis West Ltd. $2,643
Gopher State Sealcoat $2,987
Sjostrom Inc. $3,089
Recreational Resurfacers $3,200
M/S/P Williams/Mottaz - to award the bid for resurfacing and work
specified on Council request sheet, to the low bidder, Tennis West
Ltd., in the amount of $2,643.00. (Motion carried 5-0).
E. Parks Commission request to purchase truck
M/S/P Hunt/Mottaz - to remand the request to purchase a truck for
the Parks Department to the Maintenance Advisory Committee for
their recommendation back to the Council in one month. (Motion
carried 4-1: Dick Johnson: The Council needs to make a decision on
this to proceed so the vehicle could be some use to the City. The
Committee agreed to meet next week so a recommendation could be
submitted at the June 4th Council meeting.)
F. Other
M/S/P Mottaz/Hunt - to adjourn the City Council meeting at 11:08
p.m. (Motion carried 5-0).
-------------
Resolution No. 91-15 Vacating the walkway easement in
DeMontreville Highlands
Resolution No. 91-16 Granting Final Plat Approval of Arabian Hills
C..I- T.Y 0 Fig:), L A K E E L M 0
JOINT MEETING
CITY COUNCIL/PLANNING COMMISSION/CITY ATTORNEY
Wednesday, May 29, 1991
7:00 p.m.
-City Hall
1. AGENDA
Procedures for Planning/Land Use And Zoning
LAKE ELMO PLANNING COMMISSION/CITY COUNCIL
JOINT MEETING WITH CITY ATTORNEY
MAY 29, 1991
Mayor Johnson called the meeting to order at 7:15 p.m. in the Council
Chambers. Present City Council: Dave Johnson, Dick Johnson, Williams,
Hunt, Mottaz. Present Planning Commission: John, Johnston, Conlin,
Enes, Stevens, Weeks, McLeod, Schubert, DeLapp. Also present: City
Attorney Filla, City Planner Black, Administrator Kueffner.
Mayor Johnson turned the meeting over to City Attorney Jerry Filla.
Mr. Filla stated he wanted this meeting to share some ideas, and for
everyone to understand the development process better and how the city
is involved in the process.
The purpose for developer regulations and zoning is to allow people to
enjoy their property as best they can without creating a nuisance to
their neighbors. In Minnesota, most of the litigation involving
development regulations involves a balancing of the public's right to
adopt legislation against the rights of property owners to use their
property. If you do a very good job of adopting regulations which are
reasonable, then you can restrict use.
The other thing that is very clear in Minnesota is that the
legislature has said, and the courts agree, you have to move the
development process along. Not only can you adopt reasonable
regulations, but you have to apply them fairly and in a reasonable
time frame. It's not fair for a developer to have to wait a year and
a half for development approval from a City. Time is money, and
typically the development proposals that this City sees are not that
complicated. The process for development approval, in Minnesota,
should not take more than 120 days from the beginning of a completed
application to preliminary approval.
The city can adopt regulations that define a completed application. A
completed application means that the developer have A,B,C,D,E,F all
lined tap, and once the developer has everything together then the time
period starts. The City has adequate time to review a proposal as
long as the City makes stare the application is complete.
The development process means any application for zoning, rezoning,
code amendment, subdivision, variance, building permits, anything that
requires approval from the City. Most importantly, when someone
comes to the City for development approval that they have EVERYTHING
we will need BEFORE being put on an agenda. We should not put
development applications on Planning Commission agendas or City
Council agendas until the item is ready, it's not fair to the City to
present an incomplete application, and it's not fair to the applicant.
Joint meeting: Planning Commission/City Council May 29, 1991 Paget
The staff role is most important, because they have to make sure the
developer understands the regulations and understands what is
necessary and what will be required and that they present an
application that is complete. This encourages the developer to get
their act together because they know that no one will look at the
proposal until all those things are in the City file. But we don't
have the staff to hold the developers hand.
Staff should get a lot of support from the City Council and Planning
Commission. The City should make it very clear to developers how we
do things, and not give into pressure. Developers have to understand
that unless they do what is required then their application will not
be processed, in other words the City will be fair in reviewing
applications if the developer is diligent in presenting them with all
the details required. This message gets to the developer through
Mary, Mike, Tom or Jerry.
Issues should be sorted out before the application goes to the
Planning Commission. A developer application should not come back to
the City Council four or five times.
When an application is complete, it must be submitted to the Planning
Commission and Council in an orderly manner. It should be submitted
with some objective recommendations as in stating which Sections of
the code it satisfies and which Sections it doesn't if any, and if any
p+ variances are required. These objective recommendations must come
e, from staff (Mary, Mike, Tom or Jerry). The City's option, if a
development proposal does not satisfy the codes and regulations, is to
turn it down, but you must be fair and let the developer know upfront
what is required.
The Planning Commissions job is to give recommendations. The Planning
Commission should be a little more concerned about the overall
development and how it fits in with the Comprehensive Plan. These
recommendations must be based on facts, and make sure they are not
just conclusions. For example: the commission cannot say a proposal
is going to create a traffic hazard, this does not help the council.
It is better for the commission to say this proposal is going to be a
traffice hazard because it will generate 7,000 additional trips per
day for a road that is only designed to carry 5,000 vehicles per day.
The City should not be afraid to ask a developer for an appraisal, a
traffic study, or an engineering study to establish a fact. Don't be
afraid to ask for these things right away as necessary. The developer
knows that if he/she doesn't comply with these requests, their
application can be denied on the basis the City does not have enough
information to determine what the impact will be.
The Council needs good data, good recommendations, needs everybody
that looks at something before them to be prepared so that ultimately
they can make a "reasonable" decision. The council's ability to make
a reasonable recommendation is hampered if they have bad data and
incomplete recommendations. We should all be striving toward a fair
decision by the City Council.
Joint meeting: Planning Commission/City Council May 29, 1991 Page3
Lake Elmo seems to be getting sued more often than some other cities,
but consider staffing, size of city, development pressure. The city
has not insisted on developers submitting sufficient data,
consiquently, we have made decisions that have not been as good as
they could have been. Maybe we don't know how to say no. The City
Council has been making decisions based on incomplete information, and
partially because of that some of the decisions were not correct, and
because of that some developers think that sueing Lake Elmo is a
winner.
Mr. Filla handed out an outline in order for the Planning Commission,
City Council and City Staff to understand what standards the City is
being held to.
One point made is the council and commission minutes are not accurate, -
except for motions, are not complete, and will always be used against
the City in litigation. Minutes take a lot of time, create a lot of
anxiety, and do not turn out to be as accurate as anyone wants them to
be. Mr. Filla would prefer to see more brevity in the council
minutes. From a legal stand point all that's'necessary is the motions
and reasons to support the action taken.
Special Use Permits: allows something that is consistent with the
code. Special Use Permits run with the land, think of it as a special
covenant or as an easement. If someone follows the conditions of
their CUP, they can continue using their property in that way forever.
If someone does not follwo the conditions then to City must revoke the
CUP.
Variances: unlike CUP's, allow something that is contrary to the
code. A person wanting a variance has a higher standard of proof than
someone wanting a CUP. It is very hard to be consistent. If you
follow the standards in your code and the state statutes, there would
be very few variances granted by anybody because the way hardship is
defined. Self created hardship is not a valid reason for granting a
variance. Just because you've granted a varine to one person does not
justify granting the same kind of variance for another person. Each
variance as it's submitted stands alone on its own merits. It's
easier for the City to say it will not grant any variances rather than
pick and choose. Once you start granting variances to people you may
know or whatever, you must grant them fo everybody to be fair. You
must understand your standards and codes and apply the standards for
variances contained in your code, and you will not be granting very
many variances.
Councilman Johnson stated our code is not easily understandable.
You have to decide as a City what kinds of regulations you want. Then
you have to decide as a City that you are going to insist on those
regulations being enforced by everybody involved in the process. Some
'( of this becomes what are your resources and how do you want to alocate
them. You have to realize that as a slow growth community you are not
going to have as many resources as other communities as soon as other
communities do. YOU HAVE TO PUT THINGS INTO PERSPECTIVE.
Joint meeting: Planning Commission/City Council May 29, 1991 Page4
1 The Council must state clearly, to the staff, what their priorities
are. Then staff could adjust their schedule accordingly and feedback
to the Council an assessment of what staff's capabilities are, and if
help is needed, then it's council's decision on how to accomplish its
goals.
Staff time to review an application is a cost. Mary stated the
application fees have been increased to cover the cost of having the
professional planner or attorney review applications. Mary stated she
does not feel qualified• to make the determination if an application is
complete, so Mike Black will make that determinatin and start the
clock on applications.
If the application is started prematurely, due to developer pressure,
that is a disservice to everyoneinvolved including the developer. We
should not allow a developer to proceed before he's ready because then.
the City becomes part of the problem.
Councilman Williams stated staff must be diligent about resisting
pressure. Mary stated the code states, under preapplication, the
burden of making an applicant aware of what will be required is on the
Planning Commission. Jerry stated this may not be a good code and the
City may want to change it.
Mayor Johnson asked if a neighborhood does not want a development in
order to remain rural, can it be denied? No. Zoning is basically a
legislative issue in natur, it is a policy decision made by the City
Council and they determine the zoning and use. If people don't like
the council's decision they're not going to vote for you.
If the City does not like its standards, then change them. Don't make
up excuses to deny a plat, because what you're saying is you don't
have an appropriate regulation. Therefore, make a regulation. The
evolution of developer regulations is an ongoing process. No one can
anticipate everything. As you're considering applications, be aware
of your standards, BE AWARE YOU,MUST GIVE FACTS, NOT CONCLUSIONS.
Councilman Williams asked is it okay to suggest changes on a
preliminary plat? Not if you can't enforce the suggested change with
a specific code.' If the applicants plat satisfies our code then your
looking for reasons to deny it that aren't there. What is you duty?
Your duty is to judge development applications in compliance with your
regulations. If an application meets your regulations, and you want
to change it, then change your regulations. The City can adopt new
codes and request the applicant to comply only before preliminary plat
approval.
Councilman Johnson stated he does not feel our code book is easy to
read, it's lacking detail, confusing and difficult to interprate.
This should be a priority: to bring the code book up to date.
The meeting was adjourned at 9:35 p.m.
a
d
REVIEW OF CITY COUNCIL DECISION
I. Record on Review. The District Court determines the scope of
its review by considering the nature, fairness and accuracy of the
proceeding before the City Council. What were the issues? Did all
appropriate parties have an opportunity to present information,
review data, and ask questions? Was the proceeding accurately
recorded?
(A) If the City Council proceeding was fair and the record of
the proceeding is complete and accurate, the District
Court will simply review the record of the proceeding.
The District Court will allow admission of additional
material evidence on issues raised and considered by the
City Council only if there was a good reason for failure
to present such information to the City Council.
(B) If the City Council proceeding was not`°fair or if the
record was not complete and/or accurate, the District
Court will permit a trial or at least an opportunity to
augment the record. ,
II. Standards of Review. The goal of the District Court in
reviewing development regulation cases, whether legislative in
nature (rezonings) or quasi-judicial in nature (special use permit,
variance, subdivision) is to determine if the City Council acted
reasonably. The District Court does not intend to substitute its
judgment for that of the City Council but only seeks to determine
if the City Council acted within the scope of its authority,
applied the appropriate law, and acted reasonably; and to further
determine if the record supports the City Council's decision. If
the District Court decision is appealed, the Appellate Court and
the Supreme Court review the matter independently of any findings
or conclusions of the District Court.
(A) In zoning classification cases, the City Council's action
is reasonable if it promotes the public's health, safety
and welfare and if it does not result in a taking without
compensation.
(1) Procedural due process rights are minimal.
(2) City has a right to determine whether changing
conditions or public interest demand an exercise of
power to amend a zoning ordinance and to select the
measures that are necessary for that purpose.
1
(3) A decline in property value is not a sufficient
reason to invalidate a rezoning. The general
welfare of the public is paramount in importance to
the pecuniary state of an individual property owner
affected by the rezoning.
(B) In a special use permit case, the reasonableness of the
City'Council action is measured by compliance with the
standards contained in the City's development regulation.
(1) Basic due process standards apply to quasi-judicial
proceedings. 1qP?&e44,e Aa4
(2) A special use permit allows the use of property in
a manner expressly authorized by the development
regulations.
(3) The absence of expressed standards makes denial of
a special use permit more vulnerable to a finding
of arbitrariness.
(4) General objections, unsupported by facts, of
opponents to the granting of a special use permit
do not support a finding that the proposed use
would be inconsistent with surrounding land uses.
(5) A special use permit is in the nature of a contract
between the City and a private party for the use of
land. Therefore, non-compliance with the
conditions attached to the special use permit is
more analogous to a breach of contract than to a
criminal offense.
(6) Mere "aesthetic concerns" of neighbors is not an
adequate reason for denial of a special use permit.
2
(7) A special use permit runs with the land and remains
in effect until the provisions of the permit are
violated.
(C) In a variance case, the reasonableness of the City
Council action is measured by compliance with the
standards contained in the City's development regulation.
(1) Basic due process standards apply to quasi-judicial
proceedings.
(2) A variance allows a use which is normally forbidden
by a development regulation. If strict application
of a development regulations to a parcel of land
constitutes a taking, granting a variance is
mandatory. To establish an unconstitutional
taking, the property owner must demonstrate that
he/she has been deprived, through governmental
action or inaction, of all reasonable uses of the
land.
(3) City has broad discretionary power to deny applica-
tions for variances.
(4) Hardships based upon financial concerns alone are
insufficient to justify granting a variance.
(5) A self created hardship is not a reason for
granting a variance.
(6) A property owner is not entitled to a variance
simply because similar variances have been granted
in the past.
(D) In a subdivision case, the reasonableness of the City
Council action is measured by compliance with the
standards contained in the City's development regulation.
(1) Basic due process standards apply to quasi-judicial
proceedings.
3
(2) if a proposed plat complies with the appropriate
development standards, denial of the plat approval
is arbitrary as a matter of law.
(3) The time for challenging a public use dedication
fee requirement is prior to final plat approval.
III. Burden of Proof. Normally, the burden of proof is on the
party challenging the City Council's action to show that the City
Council acted unreasonably. If the action being challenged is
legislative in nature, there is a heavy burden on the challenger.
If the action being challenged is quasi-judicial in nature, there
is a lighter burden on the challenger.
(A) A total lack of contemporaneous findings setting forth
the City's reasons for its action indicates prima facie
arbitrariness on the part of.the City Council.
(B) Therefore the burden of proof shifts to the City to
support its action.
(C) The presumption of arbitrariness can be overcome by
evidence admitted at trial indicating a rational basis
for the City Council's decision.
(D) The City must show at least one legally sufficient reason
for its action. A legally sufficient reason is one which
is supported by facts.
C\J\DEV-REC2.OUT
N
L A K E E L M 0
C I T Y C 0 U N C I L
WORKS H.0P J'
TUESDAY, MAY 28, 1991
7:00-9:00 p.m.
to AGENDA
Discussion on Cost Control Board
CLAIMS TO BE APPROVED AT MAY 21, 1991 LAKE ELMO COUNCIL MEETING
(all claims are within budget unless otherwise noted)
94807 Petty Cash - office supplies $
94808 S. Sloan - Cleaning office
94809 General Office Products - office supplies
94810 Press Publications - legal publications
94811 Chapin Publishing - legal publications
94812 Minuteman Press - newsletters (over budget by $599.60)
94813 Rauenhorst & Carlson - legal (invoice attached)
94814 Peterson, Franke & Riach (invoice attached)
Legal Budget for 1991 $ 40,000
To date including this invoice $ 28,130.65
94815 James R. Hill (invoice attached)
Planner Budget for 1991 $ 5,000
To date including this invoice $ 3,098.
94816 Voto, Tautges, Redpath (invoice attached)
94817 Colle & McVoy (invoice attached) 1991 Landfill Expense
to date $ 33,932.49
94818 City of North St. Paul - animal control vehicle
94819 St. Croix Animal Shelter - April impounding
94820 Gregory Lohmer - refund of Escrow for Shoreland Permit
94821 Lake Elmo Oil - Building Inspector $ 127.36
Fire Dept. 135.72
94822 Brookman Motor Sales - Fire Dept. parts & repair
94823 Stillwater Automotive - Fire Dept. - blown engine
94824 U.S. West - Fire Dept. telephone - Station # 2
94825 Lakeview Hospital CPR Certification (17 members)
94826 G-Whiz Lettering - Fire Dept, supplies
94827 thru
94832 Reimbursement for 6 men going to State Fire School
94833 Junker Sanitation- Maint. Dept. dumpster
94834 Glenwood Inglewood - Maint. Dept, water
94835 Gopher State One -Call - Maint. Dept. -
94836 T. J. Auto Parts - Maint. Dept. parts & repair
94837 T. A. Schifsky & Sons - Maint, Dept. street supplies
94838 Bellaire Sanitation - clean up days (Budget $5,000)
94839 Washington County Public Works - Salt/Sand
94840 MN Dept. of'Health (Mike Buckles Class D water certificate)
94841 AWWA - Water Fund dues
94842 Ace Hardware - Sewer Fund supplies
94843 thru
94855 May 31st payroll
30.37
24.00
129.46
124.42
162.00
624.35
45.00
4,900.75
2,508.00
951.75
4,.271.30
165.00
868.00
250.00
263.08
55.90
2,294.90
31.30
255.00
358.50
360.00
63.60
12.60
30.00
12.00
30.60
27893.00
495.00
15.00
31.00
3.49
9,572.19
Total ::$ 3.1:, 831.56
0 1y91
MA'I
ElQuality Check
P4 ASE PAY THIS INVOICE. NO STATEMENT WILL BE SENT.
AyOrder writer
COMPANY l� Ij 0 i� 4lTK� Sr-� CIO
ADDRESS
CJ I i �p�Cl NO
JOB BOX # 03 INVOICE # 5790
I
PURCHASE ORDER #
DATE ORDERED M �E4%2 /7//fi'?/AM PM
DATE DUE M T W ThOF 7 XNAM PM
❑ CASH a 15HARGE ❑ C.O.D.
❑ PICK UP ❑ SHIP VIA ❑ CWR
TELEPHONE n� _
ORDERED BY (PULf �w' tf�?/
PREPARATION
REDUCE/ENLARGE
.7fiMS /00
PESET
❑ SCREENED % SCREEN NO. _
STATS/ ❑ LINE NO.
KEYLINING r�
NEGATIVES/STRIPPING
/
PROOF REQUIRED L�3'YES ❑ NO
I METAL PLATES/DOUBLE BURNS
CUSTOMER
SIGNATURE
COLOR BREAK
PREP TOTAL
PRINTING PAPER STOCK
SHEET , PRESS FINISH
QUANTITY DESCRIPTION SIDES TYPE COLOR WEIGHT SIZE SHEETS SIZE INK PRICE
�cv
1e7wy2.s
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6yPsv
Q{GtutTt
1
COMMENTS:
❑ STD INK(S) ❑ PMS INK(S)
#
PRINT TOTAL!
r/.3
BINDERY
NUMBER FROM TO
CUT
STAPLE SIDE CORNER SADDLE
OLD 8tL
PERF/SCORE
PAD # PER PAD POSITION
DRILL
BINDERY TOTAL i
COLLATE Scro�O %c 0 �a LY�i' y
SERVICES
—f
SERV. TOTAL
ACCEPTED BY DATE
X
CHECK #
SUBTOTAL �Z`Y• J�
TAX/RESAL XEMP
q� �l,r p�q,I RIVER HEIGHTS PLAZA
®+IN Tl�+�d{�+,+ A H STILLY. 36WA ER, MN 55082NEAR CUB
PRESS c (612) 430-3582
SHIPPING/HANDLING
TOTAL Z �'
DEPOSIT
//
BALANCE 6 1'`'�� 3'�
n i-uc. ro Nm invuuit
pasdue balances
n
s� printed on recycled paper
CITY OF LAKE ELMO
ATTENTION: MARILYN
3880 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
3
RAUENHORST & CARLSON
Knaak Arendt Ojile Foster .
2665 Long Lake Road #200
Roseville, Minnesota 55113
STATEMENT # 53
April 30, 1991
FILE # 1608-0010
PAGE 1
----------------------------------------------
ACCOUNTS RECEIVABLE BALANCE FORWARD -
Interest Due
PAYMENTS RECEIVED SINCE 12/31/90
CREDITS ISSUED SINCE 12/31/90
RETAINER BALANCE
FOR PROFESSIONAL SERVICES RENDERED
RE: Section 32 Petition, Chapter 429
PROFESSIONAL SERVICES
04/23/91 SPC Review -documents
04/23/91 SPC Phone conference client; Letter to
client re Court of Appeals.decision
Carlson, Steven P. 0-.75 45.00
TOTAL HOURS
TOTAL FEES
MONTHLY TOTAL
MAY - B 1991
TOTAL AMOUNT DUE
END OF STATEMENT
DUE UPON RECEIPT
RAUENHORST & CARLSON
Y
0.50
0.25
0.75
$113.50
$0.00
$113.50-
$0.00
$0.00
30!
45.00
$45.00
$45.00
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
60 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-6966
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo MN 55042
ACCOUNT NO:
PREVIOUS BALANCE FEES EXPENSES ADVANCES
11135-910001 Administration - Miscellaneous
1,300.50 2,448.00 13.00 0.00
11135-910002 Regional Park Land Fill
66.00 0.00 0.00 0.00
1,366.50 2,448.00 13.00 0.00
PAYMENTS
-1,300.50
Eno z,
-1,366.50
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
Page: 1
04/30/91
11135H
BALANCE
$2,461..00
$0.00
$2,461.00
PAYMENTS AEC EIVF.D AFTER THE LAST OAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
t 01
PETERSON, FRANKE, & RIACH
PROpE861ONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
60 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 86101
TELEPHONE
AREA CODE 612
291-6955
Page: 1
City of Lake Elmo 04/30/91
3800 Laverne Avenue North ACCOUNT NO: 11135-910001H
Lake Elmo MN 55042 STATEMENT NO: 4
Administration - Miscellaneous
PREVIOUS BALANCE $1,300.50
04/01/91
JPF Telephone conference with Schumacher, Atty.
Chickarella, Atty. Middetmich re: Minnesota,
Massachusetts and Florida park conversion
regulations; Atty. Kaaney re: open meeting law;
Atty. O'Neill re: Arabian Hills; review Council
agenda.
04/02/91
JPF Prepare for and attend City Council meeting.
04/05/91
JPF Telephone conference with Administrator re:
Adkins; Arabian Hills; and Park Regulations.
04/09/91
JPF Telephone conference with Schumacher re: park
conversion regulations; review PCA correspondence
re: Elmo Airport site; review state regulations
re: clean up of site; telephone conference with
Administrator re: status and state regulations.
04/10/91
JPF Review Florida and Minnesota regulations re:
Manufactured Home Park conversion and Condo
regulations.
i
THIS STATFMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL 8E CREDITED TO THE NEXT MONTH STAT5,M ENT.
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
000 MIDWEST FEDERAL BUILDING
EO EAST FIFTH STREET
SAINT PAUL, MINNESOTA 65101
TELEPHONE
AREA CODE 612
A14955
Page: 2
City of Lake Elmo 04/30/91
ACCOUNT NO: 11135-910001H
STATEMENT NO: 4
Administration - Miscellaneous
04/11/91
JPF Telephone conference with Planner re: public use
dedication regulations.
JPF Review Planning Commission agenda.
04/12/91
JPF Telephone conference with Administrator re: park
dedication regulations; Mobile Home Park
conversion regulations; Adkins property, and Farm
nuisance regulations.
JPF Telephone conference with Atty. Wolff re: Adkins
property.
04/16/91
JPF Revise Manufactured Home Park conversion
regulations.
JPF Legal research re: agenda items; conversion
ordinance; comprehensive plan; Adkins; Fox Fire
Manor; LB regulations; farm public nuisances and
telephone conference with Administrator re: same.
JPF Attend City Council meeting.
04/19/91
JPF Revise Park Conversion Ordinance.
JPF Letter to Administrator re: same.
JPF Telephone conference with Engineer re: creation
of WMO and Tax District or Storm Sewer
Improvement District.
04/22/91
JPF Review insurance coverage contracts.
JPF Review Planning Commission agenda.
04/25/91
J P F T e l e.pg beaTlii'pIJrF..eANwi,''�'AFAC3l_k1k�;-x�lDrF THE ML7NTH.
Develiopment Regulations.
JPF Conference with Black, Prew, Bohrer re: extension
Of M'Af&-&TS JEEEHeO,AFTEH THE LAST DAY OF THE MONTH WILL SE CREDITED TO THE NEXT-MONTH'S STP.TEM7FNT.
JPF Telephone conference with Overby re: same.
JPF Review Metropolitan Council Regulations.
JPF Telephone conference with Atty. Martin re: Adkins
is
PETERSON, FRANKE, & RIACH
PROFEH8IONAL AssociATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
T5LEPHONE
AREA CODE 612
291-8985
Page: 3
City of Lake Elmo 04/30/91
ACCOUNT N0: 11135-910001M
STATEMENT NO: 4
Administration - Miscellaneous
parcel and City Regulations.
04/30/91
JPF Conference with Administrator re: personnel
regulations.
Jerome P. Pilla
2448.00
FOR CURRENT SERVICES RENDERED
2448.00
Photo copies
13.00
TOTAL EXPENSES THRU 04/30/91
13.00
TOTAL CURRENT WORK
2461.00
04/18/91 Cost Payment, Check 4.94659
-1300.50
BALANCE DUE
$2,461.00
0
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
( 80 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
281.8888
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo HN 55042
PREVIOUS BALANCE FEES EXPENSES
11150-910002 Arabian Hills
0.00 252.00 0.40
11150-910003 Adkin Property
0.00 108.00 0.00
11150-910004 Fos Fire Kanor
0.00 252.00 9.00
0.00 612.00 9.40
Page: 1
04/30/91
ACCOUNT NO: 11150H
ADVANCES PAYHENTS BALANCE
0.00 0.00 $252.40
0.00 0:00 $108.00
0,00 0.00 $261.00
0.00 0.00 $621.40
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTEH T4E LAST DAY OF THE MONTH WILL BE CREDITED TOTHE NEXT MONTH'S STATE MENI:
PETERSON, f RANKE, & RIACH
PROFESSIONAL AssociATION
300 MIDWEST FEDERAL BUILDING
5o EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
29"966
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo HN 55042
Arabia❑ Hills
Page: 1
04/30/91
ACCOUNT NO: 11150-910002H
STATEMENT NO: 1
04/01/91
JPF Telephone conference with Atty. Kulenhach re:
Arabian Hills.
04/03/91
JPF Telephone conference with Colestock re: Arabian
Hills development agreements and procedures.
04/04/91
JPF Review Development Regulations re: contract
documents.
04/10/91
JPF Telephone conference with Land Title Co. re:
Abstract, RPA or Title Insurance for Arabian
Rills.
04/17/91
JPF Telephone conference with Kolstad re: condition
of approval.
04/26/91
JPF Review Title Binder, section maps, and prepare
correspondence to Administrator re: same.
04/30/91
JPF Conference with Administrator and telephone
conference with Planner re: development
contracts.
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE "TEXT MONTH'S STATEMENT.
I
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL SUILOINO
( 50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 812
2S1-8S55
City of Lake Elmo
Arabian Hills
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
Photo copies
TOTAL EXPENSES THRU 04/30/91
TOTAL CURRENT WORE
BALANCE DUN
Page: 2
04/30/91
ACCOUNT NO: 11150-910002H
STATEMENT NO: 1
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH,
252.00
252.00
0.40
0.40
252.40
$252.40
PAY%I ENTS PECEIVED AFTER THE LAST DAY OF THE IAONTH W ILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PETERSON, FRANKE, & RIACH
PROFESSIONAL A660CIATION
300 MIDW EST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 56101
TELEPHONE
AREA CODE O12
291-6665
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo MN 55042
Fox Fire Manor
Page: 1
04/30/91
ACCOUNT NO: 11150-910004H
STATEMENT MO: 1
04/18/91
JPF Telephone conference with Liles re: access roads
Fox Fire Manor; rough draft agreement.
04/19/91
JPF Draft Road Access Agreement.
JPF Letter to Administrator and L. Liles re: same.
04/25/91
JPF Telephone conference with Administrator re: Road
Agreement.
04/30/91
JPF Conference with Administrator and telephone
conference with Planner re: roadway agreement.
Jerome P. Filla 252.00
FOR CURRENT SERVICES RENDERED 252.00
Fax Charge 9.00
TOTAL EXPENSES THRU 04/30/91 9.00
TOTAL CURRENT WORK 261.00
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
C
PAYMENTS RECEIVED AFTER THE LAST DAY OFTHE MONTH WILL SE CREDITED TOTHe NEXTMONTH'S STATEMENT
PETERSON, FRANKE, & ROACH
PnoressIONAL AssOOIATION
800 MIDWEST FEDERAL BUILDING
80 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 812
291-898E
Page: 2
City of Lake Elmo 04/30/91
ACCOUNT N0: 11150-910004H
STATEMENT NO: 1
Fos Fire Manor
BALANCE DUE
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE IVIONTH.
$261.00
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL SE C?EDITED TO THE NEXT MONTH'S STATEMENT,
i
r'
PETERSON, FRANKE, & RIACH
PAORESSIONAL ASSOCIATION
3W MIDWEST FEDERAL BUILOIN0
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 512
201-0055
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo MN 55042
Adkin Property
Page: 1
04/30/91
ACCOUNT NOe 11150-910003H
STATEMENT NO: 1
04/11/91
JPF Legal research re: City Comprehensive Plan
history and zoning history of Adkin property;
telephone conference with Planner re: same;
telephone conference with Atty. Wolff re: City
regulations and state code; review state
regulations or relationship between Comprehensive
Plan and Official Controls.
Jerome P. Fills.
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORK
BALANCE DUE
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
108.00
108.00
108.00
$108.00
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL SE CREDITED TO THE NEXT MONTI' S STATEMENT.
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 66101
TELEPHONE
AREA CODE 612
291-8956
Page: 1
City of Lake Elmo 04/30/91
3800 Laverne Avenue North ACCOUNT NO: 11155H
Lake Elmo MN 55042
PREVIOUS BALANCE
FEES EXPENSES ADVANCES
PAYMENTS
BALANCE
11155-900002
Brockman -Fraser
Annex
0.00
45.00
0.00
0.00
0.00
$45.00
11155-900003
Enright et. al.
Annex
0.00
t
77.00
0.00
0.00
-77.00
$0.00
11155-900004
Federal Land Co.
vs. Lake
Elmo
720.00
54.00
0.00
0.00
-720.00
$54.00
11155-900005
Derrick Land Co.
vs. Lake
Elmo
342.00
54.00
0.00
0.00
-342.00
$54.00
11155-900006
J. Rogers vs. Lake Elmo
18.00
9.00
0.00
0.00
-18.00
$9.00
11155-900008
Jamie Olso❑ vs.
Lake Elmo
2,295.00
275.75
0.00
0.00
-2,295.00
$275.75
11155-900011
Hanson vs. Lake
Elmo
1,279.75
0.00
0.00
41.00
-1,279.75
$41.00
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
r
PETERSON, FRANKE, & ROACH
PROFESSIONAL AssociATION
300 MIDWEST FEDERAL BUILDING
60 EAST FIFTH 6TREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-SEES
Page: 2
City of Lake Elmo 04/30/91
ACCOUNT NO: 11155
PREVIOUS BALANCE
FEES EXPENSES ADVANCES
PAYMENTS
BALANCE
11155-900013
Lake Elmo vs.
Grabski
96.90
291.00
3.00
0.00
-96.90
$294.00 .
11155-900014
Wier Workman
Comp Claim
95.00
0.00
0.00
0.00
-95.00
$0.00
11155-910003
Sovereign vs.
Hunt, Dunn
& Lake
Elmo
0.00
666.00
0.00
0.00
0.00
$666.00
4,846.65
1,471.75,
3.00
41.00
-4,923.65
$1,438.75 \
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
PAYMENTS. RECEIV ED AFTER THE LAST DAY OF THE MONTH WILL 8E CREDITED TO THE NEXT MO NTH'S STATEMENT.
PETERSON, FRANKE, $ RIACH
PnOFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 012
291-8055
City of Lake Elmo
Lake Elmo HN
Brockman -Fraser Annex
Page: 1
04/30/91
ACCOUNT NO: 11155-900002H
STATEMENT NO: 5
04/25/91
JPF Conference with Administrator and Judge Haas re:
Appellate Court Order.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORK
BALANCE DUE
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
45.00
45.00
45.00
$45.00
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CR EDITED TO THE NEXT MO NTH'S STATEMENT.
i,
PETERSON, FRANKE, & RIACH
PROFE861ONAL AesOCIAT1oN
390 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-9955
City of Lake Elmo
Lake Elmo RN
Federal Land Co. vs. Lake Elmo
PREVIOUS BALANCE
Page: 1
04/30/91
ACCOUNT N0: 11155-900004H
STATEMENT NO: 6
04/02/91
JPF Telephone conference with Atty. Bell re: Amended
Findings.
04/04/91
JPF Review Atty. Bell's memo re: Amended Findings.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORK
04/18/91 Cost Payment, Check # 94659
BALANCE DUE
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH,
$720.00
94.00
54,00
54.00
-720.00
$54.00
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL DE CREDITED TO THE .NFXT MONTH'S STATEMENT.
PETERSON, FFRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL EUILDING
50 EAST FIFTH STREET
SAINT PAUL. MINNB$OTA 55101
TELEPHONE
AREA CODE 512
M-055
City of Lake Elmo
Lake Elmo MR
Derrick Land Co. vs. Lake Elmo
PREVIOUS BALANCE
Page: 1
04/30/91
ACCOUNT NO: 11155-900005H
STATEMENT NO: 6
04/03/91
JPF Telephone conference With Engineer re: testing
procedures.
i
04/19/91
JPF Telephone conference with Engineer re: status of
testing procedures.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
04/18/91 Cost Payment, Check 4 94659
E
BALANCE DUE
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
$342.00
54.00
54.00
54,00
-342.00
$54.00
PAYMENTS RFCFIVED AFTER THE. LAST DAY OF THE MONTH WILL 9F GREDITF.D TOTHE HF.%T MONTH'S 9TATF-MENT.
PETERSON, FRANKE, & RIACH
PROFESSIONAL AssocIATION
300 MIDWEST FEDERAL BUILDING
90 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-99EE
City of Lake Elmo
Lake Elmo MN
J. Rogers vs. Lake Elmo
Page: 1
04/30/91
ACCOUNT NO; 11155-900006H
STATEMENT NO: 6
PREVIOUS BALANCE $18.00
04/01/91
JPF Telephone conference with Atty. Radio re: testing
procedures. i
Jerome P. Filla 9.00.
FOR CURRANT SERVICES RENDERED 9.00
TOTAL CURRENT WORK 9.00
04/18/91 Cost Payment, Check # 94659 -18.00
BALANCE DUE $9.00
i
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONT4 WILL. BE CREDITED TO THE NEXT MONTH'S STATEMENT.
I
PETERSON, F'RANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
80 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA 0006 812
291.8965
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo MN 55042
Jamie Olson vs. Lake Elmo
PREVIOUS BALANCE
Page: 1
04/30/91
ACCOUNT NO: 11155-900008M
STATEMENT NO: 5
04/01/91
JPF Review trial notes for preparation of legal
brief.
04/04/91
JPF Review Atty. Banton's memo re: damages and
pleadings.
04/09/91
JPF Legal research re: Trial brief.
Jerome P. Filla
04/01/91
JMM Interoffice conference re: damages and trial.
John Michael Miller
FOR CURRENT SERVICES RENDERS➢
TOTAL CURRENT WORK
04/18/91 Cost Payment, Check 1 94659
THIS STATEMENT IS DUE AND PAYABLE PRIER ToTHE END OF THE MONTH.
$2,295.00
252.00
23.75
275.75
275.75
-2295.00
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL 0E CREDITED TO THE NEXT MONTHS STATEMENT.
PETERSON, FRANKE, & RIACH
PNOFE86IONAL AssocIATION
300 MIDWEST FEDERAL BUILDING
60 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 66109
TELEPHONE
AREA CODE 612
291-8966
City of Lake Elmo
Jamie Olso❑ vs. Lake Elmo
$ALANCE DUE
Page: 2
04/30/91
ACCOUNT 10: 11155-900008E
STATEMENT NO: 5
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
$275.75
C
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PETERSON, FRANKE, & RIACH
PROFESSIONAL AsaocjATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA ODDS 612
m-8S55
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo MN 55042
Hanson vs. Lake Elmo
PREVIOUS BALANCE
01/11/91 Metro Legal Services, Inc.
I TOTAL ADVANCES
TOTAL CURRENT WORK
04/18/91 Cost Payment, Check # 94659
BALANCE DUE
Page: 1
04/30/91
ACCOUNT NO: 11155-900011H
STATEMENT NO: 5
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
$1,279.75
41.00
41.00
41.00
-1279.75
$41.00
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL SE OREOITED TO THE NEXT MONTH'S STATE"A F NT.
PETERSON, FRANKE, & RIACH
PROFE"IONAL AssoCIATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 815101
TELEPHONE
AREA CODE 612
291-6966
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo MN 55042
Lake Elmo vs. Grahski
PREVIOUS BALANCE
Page: 1
04/30/91
ACCOUNT NO: 11155-900013H
STATEMENT N0: 5
04/03/91
JNN Review ownership report and revise Notice.
04/04/91
JNN Complete Order and memos re: council action.
JNN Letter to Nary Kueffner.
04/05/91
JMK Review and revise letter to Mary Kueffner and
order.
$96.90
Joh❑ Michael Killer 180.50
04/19/91
VL➢ Review records at Washington County District
Court.
04/22/91
VL➢ Review notes, memo to file.
Virginia L. Dippel 110.50
FOR CURRENT SERVICES RENDERED 291.0.0
Photo copies 3.00
THIS .STATEMENT IS OUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
PAYMENTS .RECEIVED AFTER THE LAST DAY OF THE MONTH WILL HE CREDITED TO THE NEXT MON TH'S STATEMENT.
PETERSON, FRANKE, & RIAOH
PpOFESSIONAL AssocmTIGN
300 MIDWEST FEDERAL BUILDING
1
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-8965
City of Lake Elmo
Lake Elmo vs. Grahski
TOTAL EXPENSES TBRU 04/30/91
TOTAL CURRENT WORK
04/18/91 Cost Payment, Check # 94659
BALANCE DUE
Page: 2
04/30/91
ACCOUNT NO: 11155-900013M
STATEMENT NO: 5
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
3.00
294.00
-96.90
$294.00
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT 1AONTH'S STATEMENT.
1
PETERSON, FRANKE, & RIACH
PROPESSIONAL As$OOIATION
300 MIDWEST FEDERAL BUILDING
60 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 66101
TELEPHONE
AREA. 000E 612
291-SS66
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo HN 55042
Sovereig❑ vs. Hunt, Dunn & Lake Elmo
Page: 1
04/30/91
ACCOUNT 110: 11155-910003H
STATEMENT NO: 1
04/17/91
JPF Review Complaint, open meeting law, public
official defense law, A.G. operations, League of
Cities memo.
04/18/91
JPF Telephone conference with Administrator re:
insurance coverage and pleadings.
04/24/91
JPF Telephone conference with LHCIT re: disclaimer of
coverage.
JPF Telephone conference with Dun❑ re: procedures and
coverage.
04/25/91
JPF Conference with Administrator re: status.
JPF Telephone conference with League of Cities Atty.
re: coverage and issues.
04/29/91
JPF Review Complaint, statutes, case law re: open
meetings; telephone conference with Administrator
re: facts.
04/30/91
JPF Conference with Administrator re: facts; review
City files; telephone conference with League of
Cities re: coverage; review City policy.
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LASTDAY OF THE MONTH WILL BE CPEOITED TO THE NEXTMONTH'S STATSAENT.
PETERSON, FRANKS, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
( 50 EAST FIFTH STREST
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 812
291-8955
City of Lake Elmo
Sovereign. vs. Haut, Duna & Lake Elmo
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
BALANCE DUE
Page: 2
04/30/91
ACCOUNT NO: 11155-910003H
STATEMENT NO: 1
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
666.00
666.00
666.00
$666.00
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH `NILL BE CREDITED TO THE NEXT MONTHS STATEMENT.
r
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEOERAL SUILDIND
60 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 512
291-5985
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo MN 55042
ACCOUNT NO;
PREVIOUS BALANCE FEES EXPENSES ADVANCES
11160-910001 Ordinances - Miscellaneous
0.00 378.00 1.60 0.00
0.00 378.00 1.60 0.00
PAYMENTS
0.00
0.00
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
Page: 1
04/30/91
11160M
BALANCE
$379.60
$379. 60
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH 'NIL L HE CREDITED TO THE NEXT MONTH'S STATEMENT.
PETERSON, FRANKE, & fRIAOH
PROFESSIONAL ASSOCIATION
i 300 MIDWEST FEDERAL BUILDING
I\ 50 EAST RFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
281.8865
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo MN 55042
Ordinances - Miscellaneous
04/11/91
JPF Draft Manufactured Home Park conversion
regulations.
144/27/91
{ JPF Revise Park Land Dedication Ordinance.
04/30/91
Page: 1
04/30/91
ACCOUNT NO: 11160-910001M
STATEMENT NO: 1
JPF Conference with Administrator and telephone
conference with Planner re: revisions to Public
Use Regulations; revise regulations;
correspondence to Administrator re: same.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
Photo copies
TOTAL EXPENSES THRU 04/30/91
TOTAL CURRENT WORK
BALANCE ➢UE
THIS STATEMENT IS DUE AND PAYABLE PRIOR TO THE END OF THE MONTH.
378.00
378.00
1.60
1.60
379.60
$379.60
PAYMENTS RECEIVED AFTER THE LAST JAY OF THE MONTH WILL DE CREDITED TO THE NEXT MONTH'S STATEMEM7
MAY -
7 1991
JAMES R. HILL, INC.
PLANNERS -ENGINEERS SURVEYORS
9401 JAMES AVE. SO., SUITE
140, BLOOMINGTON,
MN 55431
612/884.3029
FAx 884-9518
Lake
Elmo, City of
STATEMENT DATE.MAY 4 91
Attn:
Ms. Mary Kueffner
3800
Laverne Ave. No.
Lake
Elmo, MN 55042
CLIENT
NUMBER: 5255
PROJECT
DATE
AMOUNT
PAYMENTS
BALANCE
0112P
COMPREHENSIVE PLAN/MUNICIPAL
WORK
FEB
90
$
1,235.00
$ 1,235.00
0.00
MAR
90
$
654.00
$ 654.00
0..00
APR
90
$
418.00
$ 418,00
0.00
MAY
90
$
29827.00
$ 2,827.00
0.00
JUN
90
$
1,336.00
$ 1,336.00
0.00
JUL
90
$
885.00
$ 885.00
0.07
AUG
90
$
31436.00
$ 31436.00
0.00
SEP
90
$
671.00
$ 671.00
0.00
NOV
90
$
601.00
$ 601.00
0.00
DEC
90
$
30.00
$ 30.00
0.00
FEB
91
$
590.00
$ 590.00
0.00
APR
91
$
619.00
$ 0.00
619.00
PROJECT TOTAL: $
0194P ARABIAN HEIGHTS/MUNICIPAL WORK
13,302,00 $ 12,683.00 $ 619.00
SEP
90
$
561.00
$
561.00
0.00
OCT
90
$
531.00
$
531.00
0.00
NOV
90
$
325.00
$
325.00
0.00
DEC
90
$
30.00
$
30.00
0.00
FEB
91
$
148.00
$
148.00
0.00
MAR
91
$
177.00
$
----------
0.00
-----------
177.00
PROJECT
TOTAL:
-----------
$
1,772.00
$
1,595.00 $
177.00
0210P FOX FIRE MANNOR/MUNICIPAL WORK
NOV 90
$
118.00
$
118.00
0.00
FEB 91
$
207.00
$
207.00
0.00
MAR 91
$
118.00
$
0.00
118.00
PROJECT TOTAL:
$
_
443.00
$
325.07 $
118.00
1505P SHORELAND MANAGEMENT/MUNICIPAL WORK
FEB 91
$
236.00
$
236.00
0.00
MAR 91
$
118.00
$
0.00
118.00
APR 91
$
295.00
$
0.00
295.00
JAMES R. HILL, INC.
PLANNERS. ENGINEERS SURVEYORS
9401 JAMES AvE. So., SUITE 140, BLOOMINGTON, MN 55431 612/884.3029 FAx 884-9518
Lake Elmo, City of STATEMENT DATE:MAY 4 91
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042 CLIENT NUMBER: 5255
PROJECT DATE AMOUNT PAYMENTS BALANCE
PROJECT TOTAL: $ 649.00 $ 236.00 $ 413.00
1508P ROLLING HILLS/MUNICIPAL WORK
FED 91 $ 89.00 $ 89.00 0.00
--------------------------------
PROJECT TOTAL: $ 69.00 $ 89.00 $ 0.00
1514P DAY FARM/MUNICIPAL WORK
APR
91
$
89.00
$
0.00
89.00
PROJECT
TOTAL:
$
89.00
-
$
- --------------
0.00 $
89.00
1536P MUSA LINE AMENDMENT / MUNICIPAL
WORK
APR
91
$
767.00
$
0.00
767.00
PROJECT
TOTAL:
$
767.00
$
0.00 $
767.00
1538P PARK PLAN / MUNICIPAL WORK
APR
91
$
59.00
$
0.00
59.00
PROJECT
TOTAL:
$
59.00
$
0.00 $
59.00
8087P CITY OF LAKE ELMO-MISC./MUNICIPAL
WORK
DEC
88
$
1,216.00
$
1,216.00
0.00
JAN
89
$
1,694.00
$
1,694.00
0.00
FED
89
$
63.00
$
63.00
0.00
APR
89
$
1,060.00
$
1,060.00
0.00
MAY
89
$
743.00
$
743.00
0.00
SEP
89
$
738.00
$
738.00
0.00
OCT
89
$
545.00
$
545.00
0.00
JAN
90
$
118.00
$
118.00
0.00
FEB
90
$
118.00
$
118.00
0.00
APR
90
$
207.00
$
207.00
0.00
MAY
90
$
289.00
$
289.00
0.00
JUN
90
$
90.00
$
90.00
0.00
JUL
90
$
177.00
$
177.00
0.00
SEP
90
$
118.00
$
118.00
0.00
OCT
90
$
1 , 446.00
$
1,446.00
0.00
NOV
90
$
885.00
$
885.00
0.00
DEC
90
$
797.00
$
797.00
0.00
.JAN
91
$
531.00
$
531.00
0.00
FEB
91
$
384.00
$
384.00
0.00
MAR
91
$
1,003.00
$
0.00
17003.00
APR
91
$
679.00
$
0.00
679.00
(ifr)JAMES R. HILL, INC.
PLANNERS ANGINEERS SURVEYORS
9401 JAMEs AVE. SO., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518
Lake Elmo, City of STATEMENT DATE:MAY 4 91
Attn: Ms. Mary kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042 CLIENT NUMBER: 5255
PROJECT DATE AMOUNT PAYMENTS BALANCE
------------------ -----------
PROJECT TOTAL: $ 12,901.00 $ 11,219.00 1,682.00
CURRENT OVER 30 OVER 60 OVER 90 BALANCE DUE
$2,508.00 $1,416.00 $0.00 $0.00 $3,924.00
JAMES R. HILL, INC.
PLANNERS -ENGINEERS SURVEYORS
9401 JAMES AvE, SG., SUITE 140, BtOOMINGTON, MN 55431 612/884-3029 FAx 884-9518
APR 30 91
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL SERVICES RENDERED:
SHORELAND MANAGEMENT/MUNICIPAL WORK (1505P)
Other misc. services for client
Governmental agency meetings
PLANNER III 5.00 HRS X $ 59 = $ 295.00
. . $ 295.00
JAMES R. HILL, INC.
PLANNERS.ENGINEERS SURVEYORS
9401 1AMES AvE. SO., SUITE 140, BLOOMINGTON, MN 55431 612/864-3029 FAX 884-9518
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3500 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL S€:RVICES RENDERED:
DAY FARM/MUNICIPAL WORK E1514Pi
Other misc. services for client
PLANNER III
APR 30 91
1.50 HRS X # 59 = # 89_00
-----------. # 89.00
Ej
JAMES R. HILL, INC.
PLANNERS - ENGINEERS SURVEYORS
9401 JAMEs AvE. So., SUITE 140, 13E00MINGTON, MN 55431 612/884.3029 FAX 884-9518
APR 30 91
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL SERVICES RENDERED:
COMPREHENSIVE PLAN/MUNICIPAL WORK (0112P)
Printing, binding and assembling
MATERIALS = $ 65.00
Printing = $ 322.00
ENGINEER TECHNICIAN II 1.00 HRS X $ 32 = $ 32.00
WORD PROCESSOR / CLERICA 8.00 HRS X $ 25 = $ 200.00
. . $ 619.00
a
JAMEs R. HILL, INC.
PLANNERS. ENGINEERS SURVEYORS
9401 1AMEs AvE, So., SUITE 140, BLOOMINGTON, MN 55431 612/884.3029. FAx 884-9518
APR 30 91
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL SERVICES RENDERED:
-------------------------------
MUSA LINE AMENDMENT / MUNICIPAL WORK (1536P)
Other misc. services for client
City staff meetings
Governmental agency meetings
PLANNER III 13.00 HRS X $ 59 = $ 767.00
. $ 767.00
t
JAMEs R. HILL., INC.
PLANNERSENGINEERSSURVEYORS
9401 JAMEs AvE. So., SUITE 140, BLOOMINGTON, MN 55431 612/884.3029 FAX 884.9518
APR 30 91
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL SERVICES RENDERED:
PARK PLAN / MUNICIPAL WORK (1538P)
Other misc. services for client
PLANNER III 1.00 HRS X $ 59 = $ 59.00
. . E 59.00
(ffdJAMEs R. HILL, INC.
PLANNERS -ENGINEERS SURVEYORS
9401 JAMEs AVE. SO., SUITE 140, BLOOMINGTON, MN 55431 612/084-3029 FAX 884-9518
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL SERVICES RENDERED:
CITY OF LAKE ELMO-MISC./MUNICIPAL WORK (8087P)
Other misc. services for client
City council meetings
City planning commission meetings
Letters, memos, phone conversations, etc.
PLANNER III
11.50 HRS X $ 59 = $
APR 30 91
679.00
E 679.00
JAMES R. HILL, ING
PLANNERS.ENGINEERS SURVEYORS
9401 JAMEs AYE. So., SUITE 140, BLOOMINGTON, MN 55431 612/884.3029 FAX 884-9518
City of Lake Elmo
3800 Laverne Avenue
Lake Elmo, MN 55042
-- City Council meetings on 4-21-91 and
4-11-91.
-- Planning Commission meetings on 4-8-91
and 4-22-91.
Phone conversations with engineers and
developers and property owners regarding
roadway plans and subdivision plans and
impacts on adjacent properties.
-- Phone conversations with City Attorney
on Parkland Dedication Ordinance and
report.
-- Zoning Code Amend - Manufacture Homes,
street name change request, Krueger
Rezoning.
APRIL 1991
4.00 HRS. @ $59/HR.
4.00 HRS. @ $59/HR.
1.00 HRS: @ $59/HR.
1.00 HRS. @ $59/HR.
1.50 HRS. @ $59/HR.
TOTAL $679.00
426-3263 VER I V, IAU I VtS, Ktl�l'AI H & Co,)LTC
CERTIFIED PUBLIC ACCOUNTANTS
Birch Lake Professional Building V 1310 E. Hwy. 96
White Bear Lake, MN 56110
City of Lake Elmo 7140April 30,
3880 Laverne Ave N
Lake Elmo, NN
55042
INVOICE 02182
For professional services rendered through April 30, 1991;
Phone conferences, meeting with City staff and
Presentation to City Council regarding impact
of commercial development on tax rates of the
City.
Robert G. Tautges 11.75 hours @ $81.00 $ 951.75
-
Total
$ 951.75
e veeevaems
I hereby certify that the above claim is just and correct and
that no part of it has been previ us y paid.
Robert G. Tautges, siden
MAY - 7 1991
CUSTOMER COP`(
MNY - u 1991
r
COLLE "MCVOYINC.
F U 8 L I C RELATIONS
MEMORANDUM
DATE: May 2, 1991
TO: Mary Kueffner
FROM: Chris Naylor
CC: Debby Becker
RE: Summary of Public Relations Services for April 1991
The following summary of services highlights the work that was completed on behalf
of the City of Lake Elmo during April 1991.
PUBLIC RELATIONS FEE
Co Writing
Time spent by Chris and Ann researching,
organizing, interviewing, writing and editing
the news release and support attachments
announcing the Lake Elmo campaign to defeat
the landfill siting. Time spent corresponding
with local environmental and D-Day Task Force
groups. Time also spent devising materials
for the Task Force training session.
Media Relations
Time spent contacting reporters and editors
to generate interest in covering the Lake Elmo
story. Also time spent corresponding with the
Editorial Boards of Twin Cities' area newspapers
to place reader letters and to suggest that the
editorial writers pursue the Lake Elmo story.
Includes time sending materials, writing memos,
outlining key story ideas and arranging interviews.
TV/Video Production
Time spent by Chris on contacting local cable
stations and arranging broadcast time for the
video. Also time spent determining graphics
capabilities for sponsor recognition.
Account Supervision/Overall Administration
Time spent on contact reports, correspondence,
timelines, internal account meetings, billings and
daily supervision of the account and the lobbyist.
i
A DIVISION OF COLLE & MCVOV. INC.
7900 INTERNATIONAL DRIVE, MINNEAPOLIS, MN 55425
612-851-2500 FAX 612-854-8639
$ 958.75
$ 1,352.50
$ 118.75
$ 522.50
r
City of Lake Elmo
March 1991 Billing
Page 2
Counsel and Planning $ 95.00
Time spent by Chris on strategic
planning of program tactics, including
volunteer task forces, sponsorships,
coalition building, environmental and
legislative group planning, media
relations and public relations counsel
for the lobbyist efforts.
Client Contact and Meeting Time $ 593.75
Time spent by Chris and Ann on the
phone or in meetings with the client. Also
time spent at the following meetings:
-- 5:30 p.m. meeting with Lake Elmo
core committee at the Holiday.
-- 7:30 p.m. training session for D-Day
Task Forces on April 24.
Additional time spent preparing for meetings
and devising meeting agendas and handouts.
Production Coordination/Internal Traffic
$ 195.00
Time spent coordinating, keylining and
photo stats of press coverage.
Word Processing
$ 125.00
Time spent by administrative assistants or
Interns on word processing, copying, mailing
and arranging couriers.
TOTAL PUBLIC RELATIONS FEE
$ 3,861.25
OUT-OF-POCKET EXPENSES
Postage, delivery, shipping and fax
$ 245.05
expenses.
Typography and keylining services.
$ 165.00
TOTAL OUT-OF-POCKET EXPENSES
$ 410.05
TOTAL INVOICE FOR APRIL
$ 4,271.30
f
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-aA -7I
June 21, 1991
To: Lake Elmo City Council
Re: Public .Hearing Regarding Demontreville Park Access
We the residents of the Demontriville Highlands neighborhood are asking the
City of Lake Elmo to vacate the Demontreville Park walkway access easement.
between lots 13 and 14, block 3, Demontreville Highlands 4th addition, Lake
Elmo, Mn., and abandon all improvement plans for this access site.
While agreeing with the
principle
of a public
walkway into the park, we do
not feel that the above
mentioned
third access
site would comply with this
principle nor serve the
intended
purpose.
When the walkway easement was originally recorded the purpose was to allow
public access to proposed baseball fields and tennis courts in that portion of
the park. Since that time it has been determined that the lay of the land in
this portion of Demontreville Park is more conducive to a wildlife area, and in
fact the upper park area on Hytrail Ave. has since been developed to
accommodate our need for ball fields, etc.
Since the original park plan which required the need for a
( walkway in this location has been abandoned, so should the
easement be abandoned.
We currently have two formal accesses into the park; one on the northern end
on Hytrail Ave„ the other serving the southern end of the park on
Demontreville Trail. Both of these access points are currently being improved,
eg., brush cleared, signs posted, etc. These improvements will eliminate any
confusion that may have existed as to access locations. In addition to the above
mentioned accesses, we have , as many parks have, many "informal" access
points.
The addition of a third access site is unnecessary. Users of this proposed
walkway will need to walk along a 420 ft. fenced path between private
property to reach a portion of the park already accessible from the
Demontreville road access, a portion of the park that is only approximately 200
ft. wide where the proposed walkway would enter. In addition, the entry from
Demontreville Road provides users access directly into the heart of the park
and then follows a meandering creek deeper into the wildlife areas of the
park. This seems to be a more suitable way to enter such an area. _
Standing on the corner of Highlands Trail and Demontreville Road one can see
the existing access site as well as the proposed site, and they are close enough
that you could probably throw a stone to each from that comer.
i Since 1977 our park has been enjoyed by all residents of Lake Elmo via the
existing access site on Demontreville Road (1/2 block from the above
mentioned site) as well as a second access site on Hytrail Ave. Both provide
appropriate entrance to a wonderful wildlife area. Please let it be known that
access to the park for the last 13 years via these sites as well as casual access up
and down our street has not caused complaint or hardship, nor calls to the
park board or sheriff"s department.
FURTHER CONSIDERATIONS FOR VACATION OF THE EXISTING
EASEMENT:
1. Available funds for park use could be better spent. The expense of creating
a fenced and graveled walkway per specification, plus the ongoing
maintenance costs isn't justified by the need for a third access site.
Available funds could be spent on defining the perimeter of the park, existing
entrance and path improvement, etc, etc.
2. The lots along the north side of Highlands Trail were never originally
plotted to allow for an 8 ft. park walkway access easement; none of the lots
were allowed the buffer required for such an easement.
The access easement was granted after development had begun in the
neighborhood, with most homes already in place. The easement was also
granted without consulting the current residents at that time.
3. Currently the proposed site is an easement only. To become a park access it
must be fenced and a gravel bed installed.
A Declaration of Covenants, Conditions and Restrictions filed on this property
prevents the erection of fences. Other restrictions also apply.
4. A fenced and graveled (possibly blacktopped for easier maintenance)
walkway will breakup the continuity and openness of our neighborhood, a
prime reason for moving into this area in the first place. We are not a
community that puts up fences; there are currently no fences in our area.
We also wish to halt encroaching urbanism and maintain our open rural
setting. A fenced and paved walkway is a very inappropriate addition to this
end!
5. Current objections to the vacation of this easement by present and future
users of the park will be resolved with the improvements planned for the two
existing access sites.
REQUEST FOR COUNCIL -ACTION
Meeting Date May 21, 1991
kCzcN DA SECTION PLANNING/LAND USE & ZONING
ORIGINATING-
DE?ARTMENT.
BY:
I TEM : PUBLIC HEARING: Vacation of Walkway Easement to I APPROVED FOR
DeMontreville Park AGENDA BY:
This is a public hearing to consider a
for the vacation of a walkway easement
DeMontreville Highlands 4th Addition.
explaining why the request has been made,
from the Park Commission where this item
on a 7 to 2 vote not to vacate the city
A copy of the -petition, letter
vicinity map, and the minutes
was discussed and recommended
access to DeMontreville Park.
petition submitted to the City
between Lots 13 and 14, Block 3,
It appears to me that the City acquired the park in 1976, some thru
purchase and some thru park dedication for the.DeMontreville Park
Subdivision. Then it appears,that the City acquired .the walkways.
I have tried to piece together the series of events that lead up to
where we now are.
In 1976, the City purchased or as dedicated what amounts to approx.
31.6 acres (21.3 and 8.3) for park land.
In early 1980, a walkway easement was dedicated to the City for access
to the park thru Lot 14, At that time, it apparently was planned to
have the "active park" located on the 21.3 acre parcels.
Sometime after that, (1980-81?) the City developed a Master Park -Plan,
done by David A. Kuscht Associates with a Lawcon Grant. That plan
shows the active park to be on the 8.3 parcel and the 21.3 acres to
be more of a passive nature walkway/cross country skiing park.
The Master Plan also shows two entrances to the trails, neither of them
thru the walkway easement on Lot 14. No improvements have been made
to the 21.3 parcel and there is a play area, and a ballfield, etc.,
on the 8.3 parcel.
What the City Council must determine when vacating an easement is that
it serves no public purpose. With the development of the Master Plan,
I can think of no benefit to the public to keep an access in such
close proximity to what is shown on the Plan.
Assuming the Council will concur with this finding, the following motion
is offered for your consideration:
Motion: , Second , to adopt
Resolution - vacating the easement 6escribed in said resolution,
based on the finding that this easement serves no public purpose and
that ingress and egress to DeMontreville Park is provided to the park
for the general public in two different locations, one being tithin
750 feet of easement being vacated.
CITY OF
LAKE
ELMO
City of Lake Elmo 777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
April 8, 1991
Dear Resident/Property Owner:
The Lake Elmo City Council will hold a public hearing on May 21,
1991, 7:30, at City Hall for the purpose of considerating vacating
the Deflontreville park walkway access easement between lots 13 and
14, Block 3, DeMontreville Highlands 4th Addition.
All persons who wish to be heard regarding the proposed vacation
will be given an opportunity at this public hearing.
Sincerely,
Sharon Lumby
Deputy City Clerk
NOTICE OF PUBLIC HEARING TO VACATE EASEMENT
Notice is hereby given that the Lake Elmo City Council will
hold a public hearing on May 21, 1991 at 7:30 p.m, in the
Lake Elmo Council Chambers, 3800 Laverne Avenue N., Lake
Elmo, MN to consider vacation of an easement legally
described as follows:
the westerly eight (8) feet of Lot Fourteen (14),
Block three (3) DeMontreville Highlands 4th Addition
All persons who wish to be heard regarding the proposed
vacation will be given that opportunity at this public
hearing. Written comments will be accepted until the
public hearing is closed.
Mary Kueffner
May 1, 1991
St. Croix Valley Press, May 8, 1991
J Robert & Paula Cusick
5470 Highlands Trail N.
Lake Elmo, MN 55042
David & Terri VanLandshoot
54.40 Highlands Trail N.
Lake Elmo, DIN 55042
Fred
& Sandy Nazarian
5450 Highlands Trail N.
Lake Elmo, f4N 55042
Mike & Vicky Maas
5459 Highlands Trail N.
Lake Elmo, DIN 55042
Jack & Carole Jarpe
5409 Highlands Trail N.
R
Lake Elmo, MN 55042
I
Raymond Anderson
�-
5419 Highlands Trail N.
;L
Lake Elmo, DIN 55042
BEd & Edith Downing
5429 Highlands Trail N.
Lake Elmo, MN 55042
t..
t
Dan & Julie Coyle
5430 Highlands Trail N.
Lake Elmo, MN 55042
¢
Wallace & Janet Olson
5361 Hilltop Avenue N.
+
Lake Elmo, DIN 55042
Mark & Joan Rivard
5290 Hilltop Avenue N.
Lake Elmo, MN 55042
!
4
I
�Ediwn & Jacquelihe'Raney
5420 Highlands Tre31.1 N.
Lake Elmo, DiN 55042
games & Nancy Mora
5459 Highlands Trail N.
Lake Elmo, MN 55042
Ray & Ilga Mouchka.
5480 Highlands Trail Y.
Lake Elmo, IIN 55042
f Robert & Patricia Jungmann
5460 Highlands Trail Y.
Lake Elmo, MN 55042
.JAndrew & Kathryn Shell
5449 Highlands Trail N.
Lake Elmo, MN 55042
-James Martin
5110 Hilltop Avenue N.
Lake Elmo, MN 55042
Kim Johnston
7898 Dellontreville Trail N.
Lake Elmo, MN 55042
#-i5-qi
DEMONTREVITLLE PARK WALKWAY PETITION
We the undersigned residents petition the City of Lake Elmo to vacate the
Demontreville Park walkway access easement between lots 13 and 14,
block 3, Demontreville Highlands 4th addition, Lake Elmo, Mn., and abandon all
improvement plans for this access site.
name•
address:
3-y3o N'r Al Jc Ik. L41ti Lim
.t;-362
A p I rr
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�5
g Trful e �
s'Yr t e5�r t4 4 r 11< 7zz
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While agreeing with the principle of
a public
walkway into the
park, we do
not feel that the above mentioned site
would
comply with this
principle nor
serve the intended purpose without
placing
undue hardship on
the adjoining
property owners.
Since 1977 our park has been enjoyed by all residents via an existing access
site on Demontre-ville Road (1/2 block from the above mentioned site) as well
as a second access site on Hytrail Ave. Both provide appropriate entrance to a
wonderful wildlife area. Please let it be known that access to the park for the
continued next page.....
last 13 years via these sites as well as casual access up and down our street has
not caused complaint or hardship, nor calls to the park board or sheriff's
department.
We are grateful to the City of Lake Elmo for providing this park property and
maintaining the grounds and access as a natural wildlife area. If potential
park users are unaware of existing access sites we suggest these sites be posted
as park entrances. They are currently not identified as park entrances. If it
be determined these two entrances are inadequate for park access we then
encourage the park board to seek a suitable site which would benefit the
public but not cause disruption and hardship to the community.
We feel the access easement between lots 13 and 14 was ill-
conceived for the following reasons:
The lots along the north side of Highlands Trail were never plotted to allow for
an 8 ft. park walkway access easement; none of the lots were allowed the
buffer required for such an easement.
The lots were plotted all the same width, narrow and deep, and simply do not
lend themselves well to the proposed thoroughfare.
The access easement was granted after development had begun in the
neighborhood, with most homes already in place. The easement was also
granted without consulting the current residents at that time.
At the time Derrick Land Company granted this easement Derrick was engaged
in a legal dispute over lot lines with Robert and Patricia Jungmann, owners
and residents of lot 13. The easement was granted adjacent to the disputed lot
line, effectively restricting the Jungmann's from land aquisition or variance
for a driveway already in place at that time, as well as causing considerable
delay in a timely resolve of the lot line dispute. (Jungmann has moved the
driveway at his own expense)
In 1982 the Lake Elmo City Council viewed the access site on a visit led by
Jeanie Novak and determined at that time this site to be one of the poorest
locations for a walkway into the park.
The main reason for that judgement was the close proximity of both dwellings
to the shared property line. For whatever reasons, these two homes are located
closer together than any two on the street.
Because of the
location of the
Jungmann's home on lot 13
and the location of
the Cusick's home on lot 14,
this proposed walkway will
pass directly adjacent
to their family
areas. Both
families' privacy and future
enjoyment of their
homes will be
disrupted; property value will be adversely
affected as well.
Also, concerns
of vandalism,
trash, noise, burglary, parking, maintenance,
etc. have been
voiced by the
residents of this area.
A fenced and blacktopped walkway will breakup the continuity and openness
of our neighborhood, a prime reason for moving into this area in the first
place. We are not a community that puts up fences; there are currently no
fences in our area.
We also wish to halt encroaching urbanism and maintain our open rural
setting. A fenced and paved walkway is a very inappropriate addition to this
end!
( We're also concerned as to what this walkway will connect. The street to our
backyards??
There just doesn't seem to be a need that is met with this "improvement" that is
not currently being met with existing access sites.
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MEMO
TO: CITY COUNCIL
FROM: CITY ATTORNEY
DATE: March 15, 1976
SUBJECT: Demontreville Highlands Plat/Demontreville Park
As you will recall, on January 20, 1976, the Council approved the
rezoning of certain lands named, owned by Allied Properties, Inc., and gave
concept approval a proposed plat presented by Mr. Roger Derrick, as agent.
The concept approval of the plat was subject to a number of conditions.
One of those conditions was that the developer and the City reach an agreement
on the acquisition of land for "Demontreville Park" within the budget previously
established by the City - namely, $60,000.00.
On January 31, 1976, a meeting was held between Mr. Derrick and Mr.
Gottsacker representing the developer,and the City Attorney, the City Planner,
and Park Chairman representing the City, for the purpose of outlining the
details of a proposed agreement on that park acquisition which could be submitted
to the City Council for its approval
At that meeting those prasent agreed to submit to the City Council the
following proposal:
1. That the developer would sell the City 15 acres and dedicate to the
City as part of its plat an additional 8.3 acres so as to establish a
Park of 23.3 acres in size.
2. In addition to the Park land to be dedicated in this plat, the
developer would dedicate the following easements to the City as part
of the plat:
(a) An easement for access to Lake Demontreville. This
easement would terminate at such time as the DNR purchases
the fish hatchery and provides public access to the lake.
This easement would be for boat launching, etc. and would
include about 100 feet of lakeshore.
(b) A drainage easement to Lake Demontreville. This easement
could be over the same area as the access easement described
in (a).
(c) The "historic road" located by the Park Committee would
be included as part of the plat.
3. The City would pay the developer $56,250.00 (some funds had
already been spent for the survey by the City) for the above sale and dedication
Memo to City Council -two- March 15, 1976
and the City would bear any expense of the sale except those
expenses normally paid by the seller such as abstract expenses.
4. The City would pay up to $750.00 for a Park ground survey to be
prepared by registered land surveyor under the direction of the
developer.
Incidentally, although not related to the Park negotiations, the developers
did decree that the conditions for approval of the preliminary plat as set forth
in David Licht's memo of January 27, 1976, were appropriate and acceptable to the
developer.
on February 3, 1976, the City Council approved, in principal, the
acquisition of the 23.3 acres for the Demontreville Park under the terms stated
above, subject to approval of actual agreement at such time as it is reduced to
writing and formally presented to the Council.
On February 5, 1976, the developer presented to me a survey map prepared by
C. R. Winden & Associates, Inc. dated February 4, 1976, describing the Park "A"
which is exactly 15 acres in size representing part of the Park to be "purchased"
by the City and Park "a" being 8.79 acres in size which represents part of the
Demontreville Park to be dedicated by the developer in satisfaction of its
obligation under the subdivision ordinance. The survey also describes an easement.
The easement described is the wider corridor which the developer will be dedicating
for the purpose of access to the lake on a temporary basis subject to the DNR
acquisition. A permanent draining easement will be located within this corridor
but its location cannot be defined with specificity until the water begins to flow
in the Spring.
In addition to the surveys, I have been provided with a registered property
abstract in order to examine title to the land from which the park acquisition
will be made.
Attached to this memo for your examination you will find a copy of the said
survey, my title opinion covering the land described in that survey and, finally,
a combination purchase agreement and development contract between the City and the
land owner.
I call your attention first to the title opinion. Some of the matters set
forth in that title opinion are important to an appreciation of the terms of the
agreement.
When you look at the purchase agreement/ development contract you will notice
that its purpose is to formalize and make binding the tentative agreement reached by
the developer and the City's representatives on January 31, 1976, and approved in
principal by the City Council on February 3, 1976.
I want to call the Council's attention to the contingency in this agreement
as to the dedication of the 8.7 acre parcel referred to as Park "B". That is: Park
"B" will only be dedicated to the City for park purposes at such time as the final
Memo to City Council -three- March 15, 1976
plat of DeMontreville Highlands is actually recorded. The risk the City is taking is
that if the Plat of DeMontreville Highlands is never completed and recorded for some
unforeseen reason the City will not get the 8.79 acres and will have ended up paying
$60,000.00 for the 15 acre parcel referred to as Park "A". Also, if for some unfore-
seen reason the present owners of the property - Allied Properties, Inc. - should de-
fault on their contract with Mrs. Crombie prior to the dedication of Park "B" she might
foreclose her vendee's interest in the real estate and, of course, she would not be
bound to dedicate this particular tract of land as part of the park.
of course, the developer has an economic interest in getting the plat completed
and it is reasonable to expect they will proceed as quickly as possible with comple-
tion of the final plat in accordance with the preliminary approval. The development
agreement insures dedication of Park "B" at such time as the Plat is recorded.
Even though the risk may be slight, I want to be.sure the Council is aware of
that risk, for if either of these contingencies should occur; and Park "B" should not
be dedicated then the City would be in the unfortunate position of having paid $4,000.00
an acre for the 15 acre tract known as Park'"A"..
CITY OF
LAKE
ELMO ®
City of Lake Elmo 777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
May 13, 1991
TO: Lake Elmo City Council
FROM: Lake Elmo Parks Commission
RE: Demontreville Park Walkway Easement
The Parks Commission voted 7 to 2 to not vacate the city access to
Demontreville Park.
The access was granted in 1979 by the developer upon request by the
Park Commission. Access development was delayed in 1981 to await the
settlement of a boundary dispute between Robert Jungman (owner of the
lot adjoining the access) and the Derrick Land Co. and Veronica
Crombie (sellers and owner of the Highland Hills Development).
The Park Commission noted:
1. The park access had been granted to the City (by dedication of
the westerly 8 feet of Lot 1, Highland Hills addition before the
lot was sold to Robert and Paula Cusick. They did not object to
the easement at that time.
2. The access is meant for all present and future citizens of Lake
Elmo. Once closed, the access is lost forever to the City.
3. The abutting residents have enjoyed private access to the park for
9 years and are reluctant to give up that privilege.
4. A similar access put into Pebble Park from Deer Pond Trail.
Initially there was negative neighborhood reaction to the access,
however after the access was in place, there was no further
negative reaction. The access is used sparingly, but never the
less it makes the park more readily accessible to those who desire
to use it.
The dissenting votes felt that those citizens who are park neighbors
should determine policies dealing with "their" park.
RESOLUTION NO. 91-15
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION VACATING AN EASEMENT OVER AND ACROSS THE
WESTERLY EIGHT (8) FEET OF LOT 14, BLOCK 3,
DEMONTREVILLE HIGHLANDS 4TH ADDITION
WHEREAS, at a regular meeting of the City Council of the City of Lake
Elmo, Washington County, Minnesota, held on May 21, 1991, a Petition
was ,presented. to the City Council praying for the vacation of a
certain eiaht (8) foot easement in the Plat of DeMontreville Highlands
4th Addition described as follows:
The westerly eight (8) feet of Lot 14, Block 3,
DeMontreville Highlands 4th Addition.
WHEREAS, said. Petition came on for hearing before said City Council at
a regular meeting thereof on Tuesday, May 21, 1991 in the City Hall
pursuant to Notice thereof published and posted as required by law;
and
WHEREAS, that part of Lot 14, Block 3 DeMontreville Highlands 4th
Addition has never been open or used for pedestrians as a means of
ingress and egress to DeMontreville Park, and it is improbable there
will ever be any public need for said easement; moreover, by vacating
the same, the property will be returned to the tax rolls and would
enhance the taxable value of the land abutting thereon or affected
thereby; and
WHEREAS, for the foregoina reasons, it appears to be in the public
interest to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED, that the eight (8) foot easement
dedicated in the plat of DeMontreville Highlands 4th Addition
described above be, and the same hereby is, vacated.
BE IT FURTHER RESOLVED, that the Clerk shall prepare a Notice of
Completion of these proceedings which shall contain the name of the
City, and the identification of the vacation, a statement of the time
of completion thereof and a description of the real estate and land
affected thereby. Such Notice shall be presented to the Washington
County Auditor who shall enter the same in his transfer records and
note upon the instrument over his official signature the words
"entered in the transfer records". The Notice shall then be filed
with the County Recorder, all as required by Section 368.01
Subdivision 25 of the Minnesota Statues.
ADOPTED, by the City Council of the City of Lake Elmo this 21st day of
May, 1991.
Signed:
David Johnson, Mayor
ATTEST:
.. .... . . . . . .... .....
Mary Kuef ner, City Administrator
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RESOLUTION NO. 91-16
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE FINAL PLAT OF ARABIAN HILLS
WHEREAS, the City Council of the City of Lake Elmo has previously
considered and approved the preliminary plat of Arabian Hills; and
WHEREAS, the Lake Elmo Planning Commission reviewed a final plat
for Arabian Hills at its May 10, 1991 meeting; and
WHEREAS, the final plat of Arabian Hills presented to the City
conforms to the City's subdivision ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Lake Elmo does hereby approve and accept the final.plat of Arabian
Hills as the same as on file with the City Administrator subject to
the following conditions:
1. The developer and the City shall execute a Developer's
Agreement and deposit such security with-rhe City as determined by the
City Engineer.
2. The developer shall pay to the City of Lake Elmo park
dedication fee in the amount of $16,844.21.
3. The developer shall obtain necessary permits from the Valley
Branch Watershed .
4. The developer shall pay all pass-thru costs related to this
development.
ADOPTED by the Lake Elmo City Council this 21st day of Play, 1991.
Signed:
David Johnson, Mayor
Mary Kueffner, City Administrator
REQUEST FOR COUNCIL ACTION
Meeting Date May 21, 1991
iENDA SECTION
CITY ADMINISTRATOR'S REPOP.T
NO: ORIGINATING-
9 C DEPARTMENT-.
BY:
TEM: I APPROVED* FOR
DPRA Contract AGENDA BY:
At the direction of the Council,'I negotiated with DPRA regarding the
increase on the Geraghty & Miller portion of their contract. Geraghty
and*Miller has agreed to a cap of 13.5% increase (twice the average of
the DPRA increase because it covers a two. -year period). The attached
page from the proposal you were given at your last meeting shows what
the actual hourly rate will be for Geraghty & Miller.
Motion Second \�W to approve the contract amendment
with DPRA as outlined in their letter of April 25, 1991, subject to
the increase for the services provided by Geraghty & Miller not to
exceed 13.5%. �(�b� ��,�-�� V�- 01
l
Ms. Mary Kueffner
Page 2
April 25, 1991
Presented below is a comparison of Geraghty & Miller's existing contract rates and new
rates for professional services.
iw��C .
Staff Category Contract Rate ($/hr) 0New Rate ($/hr)
Senior Expert -FLMttcle Uise,oll 135 200 -4r''040
Principal Scientist I-IlEL-rotf BARB 105 112
Staff §&ntistII-R%atH Soul£ 6080,-69-00
Scientist III -Robekr HAONFAL 50 3 y 67 T71 ao
Scientist I - 40 / 7.5- 47
On behalf of our subcontractor, we request that you consider granting an increase in their
labor rates, as presented above or at your discretion, to reflect increases in their costs over
the past two years.
We will provide additional information or answer any questions you may have regarding
these requests. Thank you for your consideration.
Sincerely,
-
4 t
Christopher J. Lough
Vice President
CJL/ne
cc: DPRA File 5175.001
Kelton Barr, Geraghty & Miller
Dick Acree, ReAPP
REQUEST FOR COUNCIL.ACTION
Meeting Date May 21, 1991
GENOA SECTION
CITY ADMINISTRATOR'S REPORT
1Y
0
T E,x.1
Use of Planner for Comprehensive Parks & Recreation Plan
ORIGINATING-
DE?ARTMENT=
BY:
APPROVED FCR
AGENDA BY:
At the request of the Parks Commission, Mike Black has put together an outline
and cost estimate for preparing an Comprehensive Parks & Recreation
Plan. The Parks. Commission has already appointed a sub -committee of
four members to work with Mike on this plan.
There is $4700 left from a Grant the City received for planning, that
must be used for no other purpose.
If the Council accepts the proposal submitted by Mike Black, I would
suggest this money be used for this project. The balance would have
to come out of the Parks Department C.I.P. (if needed).
.LAMES R, HILL, INC.
PLANNERS ENGINEERS SURVEYORS
2500 WCST CDUNTY ROAD 42, SUITE 120, BURNSVIEEE, MINNESOTA 55337 (612) 890-6044 FAx 890.6244
May 16, 1991
Ms. Mary Kueffner
City of Lake Elmo
3800 Laverne Avenue
Fake Elmo, Minnesota 55042
RE: LAKE ELMO PARKS and RECREATION PLAN
Dear Ms. Kueffner:
At your request, this correspondence is a proposal to prepare for the
City a Parks and Recreation Plan. The service we shall provide and
related costs are as follows:
To work with the City's Park Commission, City Administrator and
Park Director in preparing a Parks and Recreation plan for the
City of Lake Elmo. The report shall relate to the recreation
goals and policies in the City's Comprehensive Plan, set park
planning and recreation standards, inventory the existing park
system and.project needed expansion of existing facilities and
future parkland.
The document outlined shall be:
I.
Introduction and Purpose
II.
Comprehensive Plan Goals and Policies .
III.
Park
Planning and Recreation Standards
A.
Acquisition
3.
Development
C.
Maintenance and Operation
D.
Programming
E.
Park Classifications and Facilities Standards
1. Regional Park
2. Conservancy Open Space Areas
3. Community Parks
4. Neighborhood Playgrounds
5. Mini -Parks
6. Trails
IV.
Inventory of Existing Park and Recreation System —�
A.
Existing Park System Map
H.
Park Classification and Data Sheets
C.
Facilities Chart
D.
Parkland Service Area Map
V.
Future
Facilities and Parkland Acquisition Needs
A.
Expansion of Existing Facilities
a.
Future Parkland and Facilities
b
MAY-16-'91 THU 11:40 ID:JAMES R HILL INC
TEL N0:612 890-6244
.g .
#499 P03
City of Lake Elmo
Parka and Recreation Plan Proposal
May 16, 1991
Page 2
We are prepared to begin work on this project as soon as we
receive authorization to proceed. we anticipate a four to six
month process for final plan adoption by the City Council.
Attendance at a minimum of three Park Commission meetings will be
necessary to coordinate the plan preparation. The first meeting
shall be approximately 30 days after authorization to proceed.
The total fee for the services described herein shall be a lump
sum fee of SS,200.00. This fee shall include all preliminary plan
printing, one set of plan revisions after City Council review and
15 final plan copies.
Thank you for the opportunity to submit this proposal. I will be
available to further discuss this or answer any questions you may
have. If you accept our proposal and wish to authorize us to proceed,
please return this letter to me with signatures as authorized by the
City Council.
Sincerely,
JAMES R. HILL, INC.
�A",L (--� L-, -
Michael J. Black
vice President
MJB/ag
This proposal was approved and authorized by the Lake Elmo City Council
on the day of , 1991.
David Johnson Mary Kueffner
Mayor City Administrator
k
i
C
Since 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 fill 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
MAY 21, 1991
8:00 p.m. MEETING CONVENES
1. AGENDA
2. MINUTES: May 7, 1991
3. CLAIMS
4. REAPP REPORT
5. PLANNING, LAND USE AND ZONING
A. Public Hearing Petition to vacate walkway
easement in DeMontreville Highlands
B. Arabian Hills - Final Plat
C. Other
6. CITY ENGINEER'S REPORT
7. CITY COUNCIL REPORTS
A. Mayor. Johnson - Economic Development Committee
Residential Development
B. Councilman Hunt
C. Councilman Johnson
D. Councilman Mottaz - Town Meeting
E. Councilman Williams - Cost Control Board
8. CITY ATTORNEY'S REPORT
9. CITY ADMINISTRATOR'S REPORT
A. Appointment of Mike Bouthilet as Parks and
Recreation Supervisor
B. Parks Commission request for use of City Planner
C. DPRA Contract (continuation)
D. Parks Commission request for repair of
tennis courts.
E. Parks Commission request to purchase truck
F. Other
10. Adjourn