HomeMy WebLinkAbout11-15-94 CCMMINUTES APPROVED: DECEMBER 6, 1994
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 15, 1994
Mayor John called the council meeting to order at 7:00 p.m. in the council chambers.
PRESENT: Mottaz (arrived 7:10 p.m.), Conlin, John, Johnston, Johnson, Attorney Filla
and Administrator Kueffner
1. AGENDA
ADD: 5. Mn/DOT Letter, 7. Letter from Woodbury regarding Comp Plan amendment,
5A. Trees in Arabian Hills, 9B. City Planner, 10B. Volunteer Recognition Party Date,
10C. Proposal from Metro East Group
DELETE: 6E & 6F
M/S/P Johnson/Conlin - to approve the November 1, 1994 city council agenda as
amended. (Motion passed 4-0 (Councilman Mottaz was not in attendance).
2. MINUTES: October 4, 1994
M/S/P John/Johnston to approve the October 4,1994 city council minutes as amended.
(Motion passed 4-0 )
MINUTES: November 1,1994
M/S/P John/Conlin - to approve the November 1, 1994 city council minutes as
amended. (Motion passed 4-0)
3. CLAIMS
In response to Councilman Johnson's question on claim #3236 change from Bldg.
Permit, Building Official, Jim McNamara, will look into this claim and report back.
M/S/P Johnson/Johnston - to approve the November 15, 1994 claims #3203 through
#3240, as presented. (Motion passed 5-0. Councilman Mottaz arrived at 7:10 p.m.).
5. OLD BUSINESS
A. Trees in Arabian Hills
Administrator Kueffner reported she has been unable to contact Chuck Nelson,
Developer of Arabian Hills, who has been in France. Kueffner will be reviewing the
minutes that have been pulled since the beginning of the RE zoning to its completion.
The developer has appeared to put the requirement of planting 6 trees per acre on
each individual property within the covenants. The developer is planting a tree every
50', but there is more required in the city's new landscape ordinance. Updates will
continue.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 1994
B. Mn/DOT Letter
Administrator Kueffner reported she has not yet written the letter requested by the city
council at the November 1, 1994 meeting, but has made a call to the person that wrote
it and told them a letter would be forthcoming.
6. PLANNING, LAND USE & ZONING:
A. Resolution No. 94-29 Pott/Hagberg minor subdivision, 1083 32nd St. N.
This is a request for a minor subdivision (lot line adjustment) submitted by Francis Pott
and Pat Hagberg (representing the estate of Vera Horigan). This subdivision will take a
non -conforming lot and make it conforming. The Planning Commission reviewed this
request on October 24, 1994 and recommended unanimously that it be approved. The
Commission noted that no park dedication was required because a new lot was not
being created.
M/S/P Johnson/Conlin - to adopt Resolution No. 94-29 granting a minor subdivision to
Francis J. Pott/Patricia Hagberg based on the recommendation of the Planning
Commission. (Motion passed 5-0).
M/S/P John/Conlin - to table Item 6B. until the applicant arrive. (Motion passed 5-0).
D. Comprehensive Plan Amendment/Rezoning
Applicant: Martin Colon (Tentative based on Planning Commission's action)
At the November 14, 1994 meeting, the Planning Commission recommended, on a 5-0
vote, the City Council deny the applicant's request to amend the City's 1990
comprehensive plan to change the planned future land uses from Limited Business and
Rural Estate Density to Highway Business. The applicant's proposed development is
not consistent with the long term goals and policies for development along 1-94 as
stated in the 1990 Comprehensive Plan. Since adoption of the 1990 Comprehensive
Plan, nothing has substantially changed to compel the City to amend its current policy
and is based on the findings presented in the staff report.
At the same meeting the Planning Commission made a motion, on a 5-0 vote, to
recommend the city council deny the applicant's request to rezone the Flying J Travel
Plaza development site (as illustrated on the concept plan submitted with the 6/1/94
application) from Rural Residential to Highway Business. The requested Highway
Business zoning is inconsistent with the City's 1990 comprehensive plan and is based
on the findings presented in the staff report.
Don Niles, attorney for Martin Colon, presented a chronology of events by Federal Land
Company, a letter dated November 8, 1994 from him to the City Administrator, and a
copy of Judge Doyscher's order.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 1994
Don Niles, attorney for Martin Colon, stated, "we believe that this proposal should be
considered under the 1979 comp plan. Everything in the record to -date show that this
proposal is entirely consistent with the 1979 comp plan and the Highway Business
ordinance. We believe that the Planning Commission and planner failed to recognize
that much of the policy applied in the 1990 comp plan is no longer valid in the sense
that much of the commercial development area has been annexed to the city of
Oakdale. There is a specific statement in the land use policy under the 1990 comp
plan that states 'in order for the comp plan to remain a legitimate guide for growth and
decision making that it should be looked at preferably annually'. It is our belief that has
not been done for some time."
Niles explained "there were numerous land use issues raised at the Planning
Commission level relating to existing noise levels, that we have presented evidence to
make the site unsuitable for the type of development that the planner and Planning
Commission are telling us should be built"on this site. There has been nothing put intc
the record relating to this specific site and why the site is suitable for this proposal.
That being the gravel mine to the north, the ultra light airfield to the west and the high
tension power lines to the north and the fact that it is bordered by one major interstate
highway and a county road which was built for large traffic purposes.
The benefit to the city is significant and in the material given shows the tax benefits.
At the Planning Commission meeting in October land use questions were raised and
we were asked to address. The matter was then postponed by the Planning
Commission for Flying J and Mr. Colon to respond to those issues. Materials were
submitted in response to those issues on November 8,1994. At the Planning
Commission meeting, it was readily apparent and recognized that the Planning
Commission had not reviewed those materials and they really didn't care that those had
been submitted. At this point those materials had not been considered by anyone in
making a policy decision."
Administrator Kueffner indicated the Planning Commission agenda packet was ready to
go when the additional submittals were hand delivered to us on November 8 and they
did not get reviewed by our planner or city engineer..
M/S/P Mottaz/Johnson - to table this item until the December 6, 1994 council meeting
for the city council to review the packet of material received on November 8 and direct
the staff to review the same information and report back to the City Council. (Motion
passed 5-0).
Filla commented that the city code states the city council has 60 days to come to a
decision on this matter after the city council receives a report from the Planning
Commission which would be 60 days from November 15, 1994.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 1994 4
..6. B. PUBLIC HEARING: Variance to rear lot setback Applicants: MlcroSota/Rovak
C. Site & Plan Review: MicroSota/Rovak
M/S/P Johnston/John - to remove agenda item 6B from the table. (Motion passed 5-0).
Councilman Johnson pointed out that on Page 2 of Jeff Smyser's report, November 8,
1994, there is a table listing the standards found in the zoning code for the GB district
and the approximate dimensions of the subject property. According to this table, there
are other variances needed by MicroSota. Also, the location of the sign does not
appear to meet the requirement of 10' from the property line.
Filla added a variance needs to be granted to part of the code where you cannot
expand a non -conforming use.
The Council indicated they are sympathetic with the proposal and it's a great asset to
the city if we can work out variances. The hardship is the business is located in the Old
Village and they need to have variances to continue.
M/S/P Mottaz/John - to reschedule a public hearing to December 6, 1994 for MicroSota
with all applicable variances be included. (Motion passed 5-0).
E. Lake Elmo Municipal Code Text Amendment relating to reinstatement of
Alternative Ag. Applicants: Thomas G., Thomas P. and Jodi Armstrong. (Tentative
based on Planning Commission's action) - DELETED
F. Conditional Use Permit Amendment - Applicant: Thomas G.Thomas P. and Jodi
Armstrong. (Tentative based on Planning Commission's action). - DELETED
G. Letter.from Washington County regarding spelling of "Jamaca"
The city received a letter from Donald Theisen, Deputy Director of Public Works -
Washington County, indicated several communities have recently asked Washington
County about the possibility of changing the spelling of "Jamaca Avenue" to "Jamaica
Avenue". The County's role in any such change would be strictly advisory since
compliance with the Washington County Uniform Street Naming and Property
Numbering system is voluntary and the actual naming of streets is the jurisdiction of
each municipality. Should the communities which would be affected by this name
change approve of the revised spelling, the county will introduce a resolution to the
County Board to amend the Naming System and that the resolution be passed by
December 1, 1994 so that the change can be made by the end of the year. The cost of
resigning affected roads would be roughly $10 per street sign for materials. and
installation costs are approximately $30 per hour. These costs would be passed to the
city.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 1994
Kueffner reported that an exact count has not been made, but she estimated that
between all the Jamaca Avenue, Jamaca Court and Jamaca Circle signs, Lake Elmo
would be looking at changing about 30 signs. She said it would require changing a lot of
records and require residents to change the address on their checks, tax forms and so
on.
Kueffner said that as she understood it many residents along Jamaca who were contact
by the county were in favor of the change, however, there has been strong sentiment
against using Lake Elmo dollars to fund the switch.
Attorney Filla stated the city would not be liable for any problems caused by changing
the name, but it would cause a lot of confusion.
The Council suggested the staff survey other communities involved and if they change,
we should be consistent and will change.. Kueffner will call Don Thiesen about the
deadline and feels the county will give us leeway.
M/S/P Mottaz/John - to draft the appropriate resolution conditioned upon survey of what
other. communities are going to do and assurance of deadline extension by Don
Theisen. (Motion passed 5-0)
7. CITY ENGINEER'S REPORT:
Administrator Kueffner reported she received today, 11/15/94, a Comprehensive Plan
Amendment, Sanitary Sewer Comprehensive Plan Update, Intercity Review submitted
by David Jessup, Woodbury Public Works Director.
M/S/P Johnston/Conlin - to direct the city engineer to review the Woodbury
Comprehensive plan Amendment for any impact on Lake Elmo plans in respect to
sanitary sewer. (Motion passed 5-0).
8. CITY ATTORNEY'S REPORT:
Attorney Filla reported the Municipal Board letter was delivered to the Municipal Board
on Monday, November 14, 1994. The letter indicated that we felt there were a number
of parcels in Section 32/33 that did not submit to the jurisdiction of the Municipal Board
and; therefore, the Board would not have authority to make any decision regarding
those parcels. There are two categories of parcels: one category with those parcels
whose owners did not petition;.the other category were those parcels that were not
adjacent to and generally defined as all that area south and east of the Mn/DOT right of
way.
9. CITY COUNCIL REPORTS:
Mayor John reported on November 9, he attended the School District 622 Area elected
Officials meeting at the North St.Paul Community Center.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 1994
Council member Conlin expressed support for a full time city planner and asked to
begin initiating plans for a planner.
M/S/P Mottaz/Conlin - to delegate Karen Johnston and a Planning Commission
member of her choice to draft a job description, a list of qualifications and
recommendation of a salary range for a full time city planner and bring back to the city
council at the December 6, 1994 meeting. (Motion passed 5-0)
10. CITY ADMINISTRATOR'S REPORT:
A. Recodification
Administrator Kueffner will send out Section 1, 2 & 3 and part of 4 at the end of the
week. Copies of the recodification should be sent to the new council members.
B. Volunteer Recognition Party
The Council asked the staff to investigate potential dates for the Volunteer Party at the
VFW Hall and get organized. Councilman Johnson commended the compost workers
this year and suggested we invite them to the party.
C. Metro East Group
M/S/P Mottaz/John - to instruct the city administrator to get more information on Client
#596. (Motion passed 5-0).
M/S/P Conlin/Mottaz - to adjourn the council meeting at 8:35 p.m. (Motion passed 5-0).
-----------------------
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 94-29 granting a minor subdivision to Francis J. Pott/Patricia Hagberg
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 29, 1994
Mayor John called the meeting to order at 7:00 p.m. in the council chambers for
the purpose of discussing the proposed 1995 Budget. PRESENT: Mottaz,
Conlin, John, Johnston, Johnson, Administrator Kueffner and Finance Director
Banister.
Mayor John opened up the public hearing at 7:05 p.m. The public hearing notice
was published in the Stillwater Gazette Extra and the St. Paul Dispatch.
Finance Director, Marilyn Banister, provided copies of the proposed 1995
Budget. Banister indicated the city's tax increase for the year 1995 is 2.6%.
Roger Columbo, 11977 21st St. N. questioned increase in General Expenses
compared to other years and in Professional Services -contractual service. Do
you anticipate a 4% increase in staff salaries? Other than hiring a planner, are
your planning on hiring any part-time or full-time employees in 1995?
Finance Director Banister: The city is planning on hiring a full-time in-house
planner because there is a need for a greater amount of planning effort coming
up. A planner is the only new employee considered for 1995. The legal and
engineering has stayed the same. We need maintenance items; such as,
installing gas tanks, garage doors, exhaust fans required by OSHA. There was
an increase in cost of utilities and workmen's comp. The only reserves added
this year was in the Parks Dept. for improving the parks play equipment.
Councilman Johnson explained Bud Talcott, MAC, has developed an
equipment depreciation program. He picked out 7 or 8 major pieces of
equipment that the city has. Based on the depreciation rates, the city should
have $270,000 in reserves, now, to replace those 8 pieces of equipment. We
are trying to build our reserves so we don't have to go out and borrow money.
With the equipment certificate paid off, this allowed us to put a substantial
amount in reserves.
Len Hanson, 10824 Hudson Blvd., asked what's the city planning on doing to
stop high taxes. Should put a cap on it. Are you going to permit businesses to
move in? Everyone should be able to vote on Flying J proposal.
Mayor John: Along the 1-94 corridor we identified the area where we
encourage business to settle. We don't propose to attract them by giving them
Tax Increment Financing. We would not discourage businesses to move in the I-
94 Corridor or the center of the city where it is zoned appropriately.
Kent Tarbutton, 11292 31 st St. questioned expenditures of public safety. The
Fire Dept. is 15-20% ($250,000) of the General Fund. Is this typical as a percent
of the General Fund for a city this size? Does the police contract include direct
operating costs? Having lived in other parts of the country, particularly In the
New York area, Lake Elmo is a zero crime area. The coverage of the
Washington County Sheriff's Dept. is very high and response time is excellent.
Do you consider what the private sector is getting for increases; somewhere
between 0-3%.
Administrator Kueffner explained there were approx. 300+ fire/emergency
calls with cost per call at $421/call. This $100,000 includes the total police
contract with Washington County for two deputies which averages about
$30/call
Mayor John added it is typical for a city this size if you compare us to other
cities with a volunteer department. We try to anticipate what the trend in salary
increases would be. We have not arrived at individual increases in salaries,
which would come to a total of 4% which includes the cost of benefits
Warren Schmidt, 3240 Lake Elmo Avenue , stated they have been through my
trucks three times this year. We're pretty sparse out here, but we're growing and
we may need an increase in police protection. It might help if the council would
review monthly police reports from Sheriff's Dept. to find trouble spots.
Mayor John: Recognizing incidents like yours are likely to increase as
population increases, adding on another deputy has been reviewed.
Todd Williams, 3025 Lake Elmo Avenue N., supports building up capital
reserves, the budget looks reasonable, but asked the council to be cautious with
hiring a planner and all the costs involved. In regard to computer networking, he
has worked with Windows for Work Groups and it is not easy.
Mayor John closed the public hearing at 8:29 p.m.
Adoption of the 1995 Budget and Taxy Levy will be at the December 6th regular
council meeting at 7:30 p.m.
M/S/P Mottaz/Conlin - to adjourn the council meeting at 8:30 p.m. (Motion
passed 5-0).
AR ��tt������s����������
LAKE ELMO CITY COUNCIL
AGENDA
NOVEMBER 29,1994
7:00 P.M. MEETING CONVENES
1. PUBLIC HEARING: PROPOSED 1995 BUDGET
2. Adjourn
a
CHRONOLOGY OF EVENTS -FEDERAL LAND COMPANY
Date
1969
June 1980
July 1, 1980
Oct. 17, 1980
Nov. 1980
1980-1987
April 7, 1987
Sept. 11, 1987
Feb. 23, 1988
Oct. 5, 1990
Feb. 4, 1991
Description
Property acquired
Proposal for mixed use PUD submitted and approved by Lake Elmo
Planning Commission
Application presented to Lake Elmo City Council. Council requests plan
be redrawn to show uses that could be accommodated by on -site sewer
Application refiled by Federal Land with information requested by City
Council
Federal Land proposal tabled by City Council pending construction of
Cty. Rd. 19 and I-94
Federal Land works with Washington County and MnDOT in design and
specifications for I-94/Cty Rd. 19 interchange
Application resubmitted by Federal Land
City Council denies application as not consistent with 1979 and 1986
Comprehensive Plans
Litigation commenced by Federal Land
Trial held
Court issues Findings of Fact, Conclusions of Law, and Order for
Judgment
July 9, 1991 Court issues Order fording that Federal Land entitled to have their
proposal considered under 1979 Comprehensive Plan. Order is not
appealed by City
July 1991 City officials tell Federal Land that proposal would not be considered until
City adopted a new "Limited Business" zoning ordinance contemplated in
newly revised 1990 Comprehensive Plan
July 6, 1992 Federal Land submits development application requesting rezoning under
1979 Comprehensive Plan "pursuant to the Order of Judge Doyscher."
CHRONOLOGY OF EVENTS-(cont.)
July 20, 1992 Correspondence from city planner and city attorney indicating need for a
specific development proposal in order to process application.
Oct. 6, 1992 New "Limited Business" ordinance adopted by City Council
July 1992- Per request of City, Federal Land seeks and obtains specific proposal to
Mar. 1993 develop motel, fueling station and restaurant facility
Apr. 12, 1993 Site plan submitted by Federal Land for review by City
June 22, 1993 Joint meeting of City Council and planning commission to discuss
proposal scheduled for this date postponed
Aug. 10, 1993 Joint meeting originally scheduled for June 22 held. Federal Land
informed thereafter that City would refuse to process Federal Land
application unless it requested zoning district amendment and an
amendment to 1990 Comprehensive Plan
Aug. 19, 1993 Letter to City from Federal Land indicating it would resubmit application
in form requested by City but indicating intention to have July 1991 Court
Order apply
Dec. 8, 1993 Revised application submitted in form requested by City
Jan. 10, 1994 Public hearing conducted by planning commission
Jan. 24, 1994 Proposal withdrawn after planning commission discussion indicating
proposal would not be evaluated under 1979 Comprehensive Plan because
Federal Land's application form did not specifically refer to the 1979 Plan
or to Judge Doyscher's order.
June 17, 1994 Present application submitted
July 5, 1994 City administrator refuses to process application
July 20, 1994 Federal Land files its appeal to Lake Elmo Board of Adjustment and
Appeals (City Council) of city administrator's decision not to process
application.
August 2, 1994 Appeal hearing scheduled but postponed by City Council because of City's
failure to comply with its own ordinance concerning timing and notice for
this type of proceeding.
21
CHRONOLOGY OF EVENTS-(cont.)
August 16, 1994 Appeal heard before City Council; matter is tabled.
Sept. 6, 1994 City Council determines to process application, but instructs planning
commission not to consider July 1991 Court order or 1979 Comprehensive
Plan.
Oct. 17, 1994 Public hearing held before Lake Elmo Planning Commission. All
members of City Council in attendance as well as city attorney. Planning
commission members ask questions, request additional information, and
delay consideration of proposal until November 14, 1994, to allow
submission of responsive materials by developer.
Nov. 8, 1994 Additional responsive materials submitted to planning commission as
requested.
Nov. 14, 1994 Planning commission meets to consider proposal. Planning commission
members indicate they did not review additional materials they had
requested and proceed to adopt resolutions denying rezoning request.
Matter set for consideration by City council the next evening, November
15, 1994.
Nov. 15, 1994 City Council considers request.
I62W
3
DOHERTY
RUMBLE
& BUTLER
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Allorneys at Law
_21(NI Mnmesota Wnrl d'I'rad,- Cunha
30 Bast seve nlh slnrot
SIIIII Paul, Mlnnesuta 5i]01-14911
lelephane R,12I 241 9333
FAX (1.12)291 9313
1%riter .s direct dial numlwr.
November 8, 1994
35011 filth Stwvt I.....
150 south 1: it I Il rI
.\lin nea pulip ..\lume�+na :q.ID'.y,'.,Y
'Ii9rphuno lt,l_t l.iu.:;:;
(612) 291-9397
Magruder Building
1(125 it bIwo S H'
14eehingmn. M NRY;o. 3213
lelopho"V 12112,, 291.0533
FAN (Y21(pV.n'lh6
2370 One lahur ( mler '
1200 Sewnle,,Ih sn'e,l
Denver, Culrradu 802023823
Vep........ 131 S%2.621111
PAX ptDl5,'2-o i11
Rephto saint I`aul u0la•
City of Lake Elmo Planning Commission BY MESSENGER
Attn: Mary Kueffner
3800 Laverne Ave. North
Lake Elmo, MN 55042
Re: Flvincr J Travel Plaza Proposal
Dear Planning Commission Members:
Per your request and for your consideration in connection with
this proposal at your meeting on November 14, 1994, enclosed please
find four copies of the following:
1. Additional materials from Flying J relating to sound
level readings and air quality issues and an
approximation of tax benefits to the City of Lake Elmo
from the Flying J proposal;
2. Supplemental Traffic Study for Proposed Flying J Travel
Plaza Project prepared by Benshoof & Associates, Inc.;
3. Supplemental information for Lake Elmo Planning
Commission regarding Flying J Travel Project relating to
noise, air quality and land use issues prepared by
Pioneer Engineering;
4. Further details: Wastewater Treatment Plant proposed
Flying J Travel Plaza, Lake Elmo, Minnesota, prepared by
Ecol Environmental; and
5. Large schematic drawings relating to fuel tanks and other
on site environmental issues.
Thank you for your consideration. We look forward to seeing
you on the 14th.
Sincerely,
DOHERTY, RUMBLE & BUTLER
PROFESSIONAL ASSOCIATION
)-J - W
Donald W. Niles
Enclosures
cc: Mr. Jerry Filla (w/encs.) E COPY
Mr. Martin Colon (w/encs. ) by messenger DWN/164511/,yl 103666.5
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Vernon R. Colon and Martin F.
ORDER
Colon, d/b/a
Federal Land
Company,
File
No. CY-88-2349
Plaintiffs,
a
VS.
;
City of Lake
Elmo, a municipal
corporation,
Defendant.
------------------------------
The above -entitled matter came on before the undersigned, the
Honorable David E. Doyscher, Judge of the above -named Court, at the
Washington County Government Center, Stillwater, Minnesota, on
i March 19, 1991, pursuant to Plaintiffs' Motion for Amended Findings
of Fact, Conclusions of Law, and Order for Judgment.
Robert C. Bell, Esq,. appeared on behalf of Plaintiffs.
Steven Carlson, Esq., and Frederick W. Knaak, Esq., appeared on
behalf of Defendant.
Based upon all of .the files, records, arguments of counsel,
and the proceedings, the Court makes the following:
ORDER
1. That Finding of Fact Nos. 21 and 22 of this Court's Order
dated February 4, 1991, shall be DELETED.
2. That the Findings of Fact of this Court's Order dated
February 4, 1991, shall be AMENDED to include the following:
21. The present zoning is not consistent with the 1979
Comprehensive Plan in effect in 1987 when Plaintiffs'
application was denied by the City Council. Defendant
S
City failed to state any reasoning for not following its
( 1979 Comprehensive Plan.
3. That Plaintiffs are not entitled to judgment requiring
Defendant City of Lake Elmo is issue permits for its proposed
development. Plaintiffs are, however, entitled to the opportunity
to resubmit their application to the City Council for consideration
based upon the City's 1979 Comprehensive Plan.
4. That all other Motions not specifically addressed herein
are hereby DENIED.
5. That the Washington County Court Administrator shall serve
a true and correct copy of this Order by U.S. mail upon counsel for
the above -named parties. Such mailing shall constitute due and
proper service of this Order for all purposes.
Dated:
VDavid E. Doyrddher
Judge of District ourt
Li
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF WASHINGTON
TENTH JUDICIAL DISTRICT
NOTICE OF FILING
Court File
You are hereby notified that on Jv.� /Q� 19g1_
an Order was duly filed, a copy of which is attached hereto.
Dated: 6 0 MARIE SUNLITIS
Court Administrator
by: S-L'
Deputy
** A true an correct copy of this Notice has been served by mail
upon the parties or their attorney's at their last known address,
pursuant to Minnesota Rules of Civil Procedure, Rule 77.04
7
FLYING J TRAVEL PLAZA/CRYSTAL INN
LAKE ELMO, MINNESOTA
POTENTIAL TAX REVENUES TO CITY OF LAKE ELMO
UPDATED 10/26/94
--------------------------------------------------------------------------------------------
TAX TOTAL RATE TAX
-------------------------------------------.-------------------------------------------------
PROPERTY TARES: COST ASSESSED
LAND AND BUILDINGS 5310000 5175657 .011973 61968
TOTAL CITY SHARE OF PROPERTY TAXES - MINIMUM BENEFIT OF FLYING J:
62968
ADDITIONAL PROPERTY TAX REVENUES TO OTHER ENTITIES SERVING
THE RESIDENTS
OF LAKE ELMOt STILLWATER SCHOOL DISTRICT:
170925
WASHINGTON COUNTY:
77693
TOTAL PROPERTY TAX REVENUES:
310587
OTHER TAXES AVAILABLE TO CITY OF LAKE ELMO UNDER MINNESOTA
LAW:
SALES AND USE TAXES:
TAXABLE RETAIL SALES
3384000
.005
16920
CONSUMABLES USED ON PREMISES
160000
.005
800
TOTAL SALES TAXES
17720
f 71LITY FRANCHISE TAX:
185000
.05
9250
„ODGING TAX - HOTEL ROOMS
1971000
.03
59130
RESTAURANT TAX - FOOD SALES
2280000
.03
68400
--------------------------------------------------------------------------------------------
TOTAL ADDITIONAL POTENTIAL REVENUE TO LAKE ELMO: 154500
MAXIMUM ADDITIONAL REVENUE AVAILABLE TO CITY OF LAKE ELMO: 216468
PROPERTY TAX TO STILLWATER SCHOOL DISTRICT 170925
PROPERTY TAX TO WASHINGTON COUNTY 77693
--------------------------------------------------------------------------------'"---------
TOTAL POTENTIAL BENEFIT TO LOCAL COMMUNITY: 465087
.................. r... "..Y... W....c....e......a.r..sewa............s...w..................
NOTES:
Sums shown are not the gross amounts due to the collecting agency, but the
net amount that the City of Lake Elmo could realise from each revenue source.
Convenience Store Sales have been adjusted to exclude groceries for home
consumption and clothing.
Amounts used are based on typical new Flying J facilities and are our best
estimates of what our experience will be in Lake Elmo.
This information was compiled based on information provided by Marilyn Banister.
Lake Elmo Finance Director; Ed Hervin, Washington County Assessor's Office;
Greg Peterson, City of Bloomington; and Steve Buchal, City of Minneapolis.
The numbers are estimates only.
I
11-14-94 02:49 PM P009
COMPARISON OF FISCAL DISPARITY
FINAL CONTRIBUTION AND DISTRIBUTION TAX CAPACITY VALUES
TAXES PAYABLE 1994
1994 FINAL
1994 FINAL
CONTRIBUTION
DISTRIBUTION
DIFFERENCE
TAX CAPACITY
TAX CAPACITY
Washington County
VALUE
VALUE
"'
AMOUNT
PERCENT
Towns
Baytown
Denmark
$ 57,046
$ 74,362 $
17,316
30.4 96
Forest Lake
87,689
68,894
(18,795)
(21.4)
Grant
103,586
696,160
592,574
572.1
165,701
270,874
105,173
63,5
Grey Cloud Island
17,784
35,213
17,429
98.0
May
New Scandia
26,497
173,110
146,613
653.3
Stillwater
68,443
268,359
199,916
292.1
28,684
152,990
124,305
433.4
West Lakeland
54,076
155,285
101,209
187.2
Total Towns
$ 609,506
$ 1,895,247 $
1,285,740
210.9 9b
Cities
Afton
Bayport
155,125
$ 170,924 $
15,798
10.2 %
Birchwood
823,484
405,064
(418,430)
(50.8)
Cottage Grove
2,322
1,292,195
77,096
3,367,721
74,774
2,075,526
3,220.9
160.6
Dellwood
Forest Lake
74,107
30,291
(43,815)
159.1)
Hastings
969,864
788,237
(181,627)
118.7)
Hugo
12,537
656
(11,882)
(94.8)
317,994
484,447
166,453
52.3
Lake Elmo
Lakeland
269,491
540,983
271,492
100.7
Lake St. Croix Beach
59,983
10,488
209,307
149,324
248.9
Lakeland Shores
11,940
138,116
127.628
1,216.9
21,871
9,931
83.2
Landfall
Mahtomedi
13,591
554,872
541,280
3,982.6
Marine on the St. Croix
93,998
18,247
582,648
32,588
488,649
519.8
Newport
561,688
442,672
14,341
1119,016)
78.6
(21.2)
%�bad�
W®CITYOF ®dbu
8301 Valley Creek Road • Woodbury, Minnesota 55125-3330
612/739-5972 • TDD 612/731-5796 • FAX 612/731-5791
November 14, 1994
Ms. Mary Kueffner, Administrator
City of Lake Elmo
3800 Laverne Ave North
Lake Elmo, MN 55042
Subject: Comprehensive Plan Amendment
Sanitary Sewer Comprehensive Plan Update
Intercity Review
Dear Ms. Kueffner:
The City of Woodbury has prepared a draft update of its Sanitary
Sewer Comprehensive Plan which is part of the City Comprehensive
Plan. This updated Sanitary Sewer Comprehensive Plan was reviewed
and approved by the Woodbury City Council on October 12, 1994.
This Plan has been submitted to the Metropolitan Council for review
and approval. As part of the Metropolitan Councils' review
process, this draft plan is being submitted to you for review and
comments.
In summary, this Sanitary Sewer Comprehensive Plan update simply
reflects an update of the City's earlier 1980 plan. It reflects
the changes in the municipal urban service boundaries, development,
installation of facilities and equipment, and land use changes
which have occurred since 1980. The updated Sanitary Sewer
Comprehensive Plan does not include any recommendations for changes
in the City's Land Use Plan or municipal urban service area
boundary. It does however continue to reflect the concept of a
central Washington County sewer interceptor connecting the Cottage
Grove and Woodbury area. This interceptor is part of the
recommendations of the Metropolitan Councils' Waste Water Division
Centralizations/Decentralization Study.
On behalf of the City of Woodbury, I am requesting your review and
comments regarding the enclosed draft Sanitary Sewer Comprehensive
Plan update. I would be happy to meet with you and members of your
staff to facilitate your review and comment process. The City and
the Metropolitan Council would appreciate receiving your comments
within the next 30 days if possible. Please feel free to call if
you have questions or wish to meet regarding this Draft
Comprehensive Plan..
Sincerely,
David R. ssup
Public Works Director
reh/enclosure/pc: Richard
Thompson, Metropolitan Council/file: 803
-Helpful -Effective •LookingAliead •Professional
MayoesReportNovemberl[5,1994
On November 9, I attended the School District 622 Area Elected Officials meeting at the North
St. Paul Community Center. This is a useful meeting in that many items of concern to the
Cities of Maplewod, North St. Paul and Oakdale get discussed before they appear in the local
newspapers. Reports were given by the various attendees:
Maplewood: Celebrations relating to the opening of the new Community Center Were
continuing. Their Planning Commission were meeting to review a joint Cub stores/Builders
square development to be located opposite Rainbow Foods and located between
11th/ Ariel/ Hwy 36/ White Bear Ave. They also were pondering a proposal to build an indoor
golf driving range under an inflatable canopy similar to one that had been proposed to Lake
Elmo a few years back.
Oakdale: were still recovering from the surprising election results, and were now working on
an orderly transition between the old and new guards. There was to be a joint meeting
between the School District and the PZ to review the new school site on November 14.
[I was later made aware that the new site plan included a portion of Lake Elmo, owned by Mr
DeCoster, to be used for playing fields. I pointed out that Mr DeCoster had informally
approached the City with a view to developing his property into 21 / 2 acre lots.
Today Iwas told (by Dick juliander, Director of Business Services) that the School Board had
expressed a preference over the layout which included Lake Elmo land, that they had
approached Mr. DeCoster who was not enthusiastic. I responded that such a proposal would
be strongly resisted by Lake Elmo, as it did not improve our tax base, and allowed Oakdale,
Whose expansionist approach had caused the need for the school in the first place, to retain
other adjacent land for commercial purposes.]
Mary Hauser reported that the school site plan was undergoing change in relation to the new
library location, and the access routes from CSAtI 10 and 15.
A task force for the new ice arena had been formed with three representatives from each city
(ie., Maplewood Oakdale & N. St.P.) to work with the district in locating a site for the rink.
School District 622: the Carver School pr<aject was continuing as a joint prxrject with
Maplewood. It was on a fast track as the expansicm was due to open in the fall of'95, needing
bids to be issued in late winter. The Maplewood mayor expressed disappointment that the
gymnasium was only 80'x80' - too small for a basketball court - and that the project cost was
too high.
The collaborative K-6 school to be located in Woodbury, and built with Washington County
HRA funds was referenced, There was concern that it would be governed by 916 School
District which had a high admin/student ratio.
The next meeting will be held in Lake Elmo City Hall on February 8,1995.
NOVEIIBER
15, 1994 LAKE EL11O COUNCIL HEETING
List of Claims for
Approval
Far the period III19 94 to
IIII1194
11/10/94
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUN8ER
CLAIM
NOIBER
AMOUNT
0•C• HEY CO.
COPY MACHINE MAI,NTEHANCE CHARGE
11/1/194
3201
183.01
100-41540-200
183.01
AMERICAN LINEN SUPPLY
OFFICE BLDG MAINT
11118f94
3205
53.67
100-41500-400
53.67
STILLWATER GAZETTE
LEGAL PU3LICAT10NS
11110/94
3206
286.04
100-41500-351
286.04
HAGBERG'S COUNTRY MARKET
BLDG SUPPLIES
11110/94
3207
32.71
101-41511-400
32.70
I I M C
MEMBERSHIP FEE -MUNICIPAL CLERKS
11/10/94
3208
85.Of
101-41305-433
85.00
TKOA
ENGINEERING FOR SEPTEMBER
11/10194
3209
2,592.68
100-41930-300
1,571.12
611-41930-300
468,47
402-41930-300
92.32
803-41931-300
460.27
TNT RECYCLING
OCTOBER RECYCLING
11/10/94
3210
6,388.20
100-43200-318
3,543.30
$13-43200-318
2,844.90
ST CROIX ANIMAL SHELTER
OCTOBER ANIMAL INPOUNDI36
11110j94
3211
1,922.05
I10-42700-418
1,022.15
ST PAUL STAMP WORKS
1995 006 TAGS
I1(16J94
3212
93.35
190-42706-203
93.35
NORTHERN STATES POWER CO
OCTOBER UTILITIES
11/I0/94
3213
1,959.05
110-41500-380
iS6.26
100-42260-380
361.95
100-43100-380
134.39
100-43160-380
776.16
100-45200-386
93.08
601-49410-380
416.69
602-49450-380
20.52
NARDINI FIRE EQOIPMENT CO.
FIRE PREVENTION
11/10/94
3214
80.26
100-42200-131
80.26
MEO-COMPASS, INC.
FIRE DEPT -BLOOD ANALYSIS
11/10/94
3215
211.32
100-42200-306
271.32
GENERAL OFFICE PRODUCTS
FIRE DEPT OFFICE SUPPLIES
11110194
3216
13.88
100-42200-206
13.88
J "AD FIRE
FIRE DEPT SUPPLIES
11110/94
3217
61.10
101-42206-217
60.00
TATE FIRE DEPT.ASSN•
FIRE DEPT DUES
11/10194
3218
120.00
114-42200-433
120.10
SMOKE -EATER
FIRE DEPT MEMBERS SUBSCRIPTIONS
11/10194
3219
56,06
100-42200-433
56.00
MARV'S TOOL'S INC,
MAINT DEPT SHOP TOOLS
11/10/94
3220
68.32
100-43100-223
68.32
G & R REBUILDING CC,, INC.
FRONT END LOADER REPAIR
11j10194
3221
368.91
110-43190-221
353,91
GOPHER STATE ONE -CALL
MAINT DEPT MISC.
11110194
3222
16,00
130-13100-223
16.00
110-AAERICA POWER DRIVES
MAINT DEPT TRUCK REPAIRS
11110194
3223
65.65
100-43100-221
65.65
MEMAROS
MAINT DEPT SUPPLIES
11/10/94
3224
116,08
100-43100-223
116.08
GENUINE PARTS COMPANY
MAINT DEPT TRUCK REPAIR
11110/94
3225
64.28
100-43100-221
64.28
GLENW000 INGLEWOOD
MAINT DEPT SUPPLIES
11/10/94
3226
12.61
105-43100-223
12.66
STILLWATER MOTOR CO
MAINT DEPT TRUCK REPAIR
11110194
3227
65.31
100-43100-221
65.34
FRED'S TIRE CO.
MAINT DEPT TRUCK REPAIR
11110/94
3228
30.50
100-43100-221
30.50
AIRSIGNAL, INC,
MAINT DEPT PAGERS
11110/94
3229
37.41
160-43100-320
37.41
PEOERSON-SELLS EQUIPMENT CO•,INC.
MAINT DEPT SNOW PLOW REPAIR
11110/94
3230
54.40
100-43100-221
54.10
SUPERIOR PROPERTY MAINTENANCE
MAINT DEPT LANDSCAPE TIMBERS
11/30'94
3231
286.22
100-43100-223
286.22
50YLE INCORPORATED
MAINT DEPT TRUCK REPAIR
11110/94
3232
285.16
100-43100-221
285.16
ASPHALT SPECIALTIES CO., INC.
CONCRETE WORK FOR OOE ROGERS BLDG
11/10194
3233
2,050.00
fO0-43100-224
1,025.00
803-43110-228
1,025.00
ELMO'S LUMBER & PLYW000
FIRE & PARKS DEPT SUPPLIES
11/10/94
3234
91.38
100-42200-431
85.22
100-45ZOO-225
6.16
LAKE E L 4 0 OIL
FIRE & BLDG INSP FUEL
11/10f94
3235
279.52
100-42200-212
240.62
100-42400-331
39.00
LPERTS
CHANGE FROM BOILDING PERMIT
11110194
3236
139.82
100-42400-331
139.32
`GOPHER SIGN CO,
PARK SIGNS
11110/94
3237
54.48
100-45200-219
54.18
ACE HARDWARE
PARK SUPPLIES
11/10/94
3238
8.33
100-45200-219
8.83
MILLER EXCAVATING
DIGGING FOR WATER LEAK
11/10194
3239
879.30
601-49110-430
879.80
4T G. WISSINK
REIMB FOR 112 OAK TREE REMOVAL
11/10194
3240
346.13
003-45200-225
346,13
4"., Playground
Mike Bouthilet says
all OK
3203
17,700.
17,700.00
TOTAL FOR MONTH
13,608.01 18,608,34
TOTAL FEAR TO GATE 36,303.14 6"n .04
INVOICE
T KDA
SON
RATE
AND ASSOCIATES, INCLL, RPO
AND ASSOCIATES, INCORPORATED
ENGINEERS• ARCHITECTS• PLANNERS
1500PIPERJAFFRAYPLAZA
444 CEDAR STREET
SAINT PAUL, MINNESOTA 55101-2140
PHONE:61=92.4400 FA%:612/29220083
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
Date: October 28, 1994
Commission No: 09150-949
Invoice No: 028041
Period Ending: 09/30/94
For Professional Services in connection with the Attendance at City
Meetings. Agreement dated February 2, 1988.
September 6, 1994 L. Bohrer - City Council Meeting 50.00
September 20, 1994 L. Bohrer - City Council Meeting 50.00
AMOUNT DUE ........................... $ 100.00
0 2
State of Minnesota )
ss
County of Ramsey )
/'�3
1, .5 7 / / "
yG y '/%
Ray A. Andrews, being first duly sworn, deposes and says that the
foregoing account is just and true; and the services therein charged were
actually rendered and of the value therein charged, that the expenses
incurred were paid by the affiant and no part of the same has been paid.
Subscribed and sworn to before me,
a notary public, on this date
OctofS r 28, 994r ^
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
I& E. JOHNSODI
) RY PUBLIC— MI140E6uTA
RAMSEY COUNTY
Aua. 4.1995
INVOICE
T KDA
SON
KING, DUVALL,INCORPORATED
RATE
AND ASSOCIATES,INCORPORATED
AND ASSOCIATES, RPO
ENGINEERS• ARCHITECTS• PLANNERS
1600PIPERJAFFRAVPLA7A
"4 CEDAR STREET
SAINT PAUL, MINNESOTA 66101-2140
PHONE:6121292-4400 FAX,612J292-0063
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
Date: October 28, 1994
Commission No: 09150-940
Invoice No: 028040
Period Ending: 09/30/94
For General Engineering Services as listed below. Authorization dated
February 2, 1988.
1. Annette Pierre Drainage Concern on 15th Street:
L. Bohrer 2.50 Hrs. @ 30.43 = 76.08 x 2.75 = 209.22
Expenses: L. Bohrer - Travel
2. Lake Elmo Avenue Watermain Extension:
L. Bohrer 2.00 Hrs. @ 30.43 =
T. Prew 4.50 Hrs. @ 22.64 =
60.86
101.88
162.74 x 2.75 =
6.63
447.54
3. VBWD 509 Plan Revisions:
L. Bohrer 10.00 Hrs. @ 30.43 = 304.30 x 2.75 = 836.83
4. Water Tank Paintina - Talk to Low Bidder Re: Alternative Bid:
L. Bohrer 0.25 Hrs. @ 30.43 = 7.61 x 2.75 = 20.93
5. Derrick Land Company - New Proposal for DeMontreville
Lots Alternative Septic Designs for Lots 3 and 4:
L. Bohrer 1.50 Hrs. @ 30.43 = 45.65 x 2.75 =
6. 39th Street Street Light Reauest:
L. Bohrer 1.00 Hrs. @ 30.43 = 30.43 x 2.75 =
7. Rolling Hills - Research Septic
System Approval for Lot 2, Block 1:
L. Bohrer 2.50 Hrs. @ 30.43 = 76.08 x 2.75 =
125.54
209.22 / 4 /
r
PAGE 2 INVOICE Comm. No. 09150-003
8. Rusty Water Complaints for SW-1 Watermain System:
L. Bohrer 1.50 Hrs. @ 30.43 = 45.65 x 2.75 = 125.54
9. Clayton Michaels Septic System
- Provide Record Drawings for Roaer Johnson:
L. Bohrer 1.00 Hrs. @ 30.43 = 30.43 x 2.75 = 83.68
10. Rolling Hills Lot 4, Block 1 Review
Septic Design w/Sieffert and Roger Johnson:
L. Bohrer 3.00 Hrs. @ 30.43 = 91.29 x 2.75 =
State of Minnesota )
ss
County of Ramsey )
AMOUNT DUE .......................
251.05,.._
$ 2,399.86
Ray A. Andrews, being first duly sworn, deposes and says that the
foregoing account is just and true; and the services therein charged were
actually rendered and of the value therein charged, that the expenses
incurred were paid by the affiant and no part of the same has been paid.
Subscribed and sworn to before me,
a notary public, on this date
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATESS, INCORPORATED/
TKDA
KING, DUVALL,
INVOICE
ANDTOLA
INCORPORATED
AND ASSOCIATES, INCORPORATED
�-
ENGINEERS • ARCHITECTS • PLANNERS
1500 PIPER JAFFRAY PLAZA
444 CEDAR STREET
SAINT PAUL, MN 55101.2140
6121292-4400 FAX: 612/292-0083
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
Date: October 28, 1994
Commission No: 10374-03
Invoice No: 028059
Period Ending: 09/30/94
For Professional Services in connection with the
1993 MSA Project - Jamaca Avenue and Lake Jane
Trail. Authorization approved at Regular City
Council Meeting on February 2, 1993.
Part III -Construction Engineering (10374-03):
Personnel: Classification: Billing Rate:
T. Prew Registered Engineer 1.00 Hrs. @ 62.26 = 62.26
L. Bohrer Senior Registered Engin .25 Hrs. @ 83.68 = 20.92
Reimbursable Expenses:
BECKWITH INCORPORATED - Reprod/Reprogr 9.64
AMOUNT DUE ................................. $ 92.82
State of Minnesota )
ss
County of Ramsey
Ray A. Andrews, being first duly sworn, deposes and says that the foregoing
account is just and true; and the services therein charged were actually
rendered and of the value therein charged, that the expenses incurred were
paid by the affiant and no part of the same has been paid.
Subscribed and sworn to before me
a notary public, on this date
Octob4 28, �4.r �1
LINDA E.-JOHNSON
NOTARY PUBLIC - MINNESOTA
TOLTZ, KING, DUVALL, ANDERSON
AND RAOCIATES, INCORPORATED
�
Since the City Council does not have time to discuss every point presented, it may appear that decisions
are preconceived. However, staff provides background information to the City Council on each agenda
item in advance; and decisions are based on this information and experiences. In addition, some items
may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to Appear Before
the City Council" form; or, if you came late, raise your hand to be recognized. Comments that are
pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before
a decision can be made.
AGENDA
LAKE ELMO CITY COUNCIL MEETING
November 15, 1994
7:00 p.m. Meeting Convenes
Pledge of Alleg ai nce
1. Agenda
2. Minutes: November 1, 1994
October 4, 1994
3. Claims
5. Old Business
6. Planning, Land Use & Zoning
A. Resolution 94-29 Pott/Hagberg minor subdivision
10832 32nd St. N
B. Public Hearing: Variance to rear lot setback
Applicants: MicroSota/Rovak
C. Site & Plan Review: Micro5ota/Rovak
D. Comprehensive Plan Amendment/Rezoning
Applicant: Martin Colon (Tentative based on Planning
Commission's action.)
E. Lake Elmo Municipal Code Text Amendment relating
to reinstatement of Alternative Ag. Applicants: Thomas
G. Thomas P. and Jodi Armstrong. (Tentative based on
Planning Commission action)
F. Conditional Use Permit Amendment -- Applicant: Thomas G.
Thomas P. and Jodi Armstrong. (Tentative based on
Planning Commission action).
G. Letter from Washington County regarding spelling of "Jamaca".
H. Other
7. City Engineer's Report
S. City Attorney's Report
9. ON Counci
A. Mayor John
B. Council member Conlin
C. Council member Johnson
D. Council member Johnston
E. Council member Mottaz
10. City Administrator's Report
A. Recodification
11. Adjourn
Memo
To: Mayor and City Council
From: Mary Kueffner
Date: November 1, 1994
Subject: Meeting Ellen Sampson, Peter Bachman regarding Section 32
Attached is a memo from Ellen Sampson summarizing the meeting Mayor John and I had with
her, Peter Bachman and Pam Steckman.
On the basis of the estimate of hours Ms. Sampson has provided us, the cost to us will be in the
area of $10,050. 1 believe this to be a little on the high side because Pam Steckman does not
charge at the same $150 rate that Ms. Sampson and Mr. Bachman do.
We don't have money budgeted for this. If we would proceed, we will have to somehow tap a
reserve fund.
In our discussions with this group, they suggested that Mayor John revisit the property owners
south of the Mn/DOT property to see if they have a choice as to which city they would prefer to
live in. Mayor John will have an update on this at the meeting.
I have just received the attached letter from the MMB. Contrary to what was requested by the City
of Lake Elmo, and what I have been told in the past by Mr. Merritt, MMB's Executive Director, this
request was not forwarded to Mn/DOT for verification. Rather, it was sent to Oakdale's City
Attorney, and the Attorney representing the majority of the property owners involved in the
annexation for their comments.
H01. 01 34 11 W1 FF LSD-1E5" E1Z 775 16T 5^ TO 9^79615 F.Q�
c`Z- 0-I-9)
LAW OFFICES
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
SIDNEY BAPROWG NORTH nANSK. MICHCLLC A. MILLCR JEFFREY E. GRC:L
( MAROLO D. PIELO, JR. ACRCPT .. OLMAY OCPRA O.a PCHLOW DARDA94 PODL4ORY PCPCNS
` LLLEY I. SAENS ANOCLA M. POhMA.. SUITE 2300 MARC 0. GIMPOPN JANE F. 000FRET
T HONSI Cl, PCINBERG ROBCPT P. THAVI. SHAUN C. MOCLNATTON CAN! H. OALAR
MORRIS M. SHEAHAN aAMEG G. PULLAaD Igo SOUTH FIFTH STREET JAMES J. BERTRAND "10", A. LAHbON
M OCONOC REILLY JOSEPH . FINL9'1 MARK W. JELCHANTY R05AN NC JACUI2t
CHAaLCb n. OAYfON LAWRENCE J. CIFLO PETER E. ECHIFENY ...ICL L. PALMOYIST
OTCP.CN R. PTLAUM DAVID W. KELLEY MINNEAPOLIS, MINNESOTA SS402 CAROLYN V. W013K1 CATMCRINC A. LTCBLAT
CMARLL. A, MATH MARK 6. WEITZ =VCM x. LINDEMANN SHERI HAGPCR HANK
LOWP0. J. NOTCPODM ROa EkT J. HOSEA TELEPHONE (6121 320.1500 WILL... n. Koen JOHN E. KING
GCOROC F, MOOUNNIOLC, JR. DAVID KAKY04 RONAL) J. SCHULTZ PAMELA J.F. WHITMOPC
RICHARD G. PERINI JR. JOHN M. SNLMAN FACSIMI4E(612) 33S•IBS7 CLLEN G. LUDCP DANIEL OSEROORFSR
BYRON C STARN$ ANDCLA H. CN.PJTY JERRY S. PODKOPACB STCVCN .. OUICL
STEVEN M. RUGIN JAMES J. PCNOCR PATTI L. LENK DAVID R. CROSBY
JOHN x. HERMAN LOWELL V. GTORTD STEVEN J. RINDSIG JAMCC R, at,
LTCVCM O. OCRVYYEk DOUGLAS B. GRCENSWAO JAMA H. HRIE
'AMC! N. DONStY ELLEN O. SAMPSON - WCNOY C. SKJERVEN
KATNLCCN M. 40AHAM 40AN ERICKSEN LANCAGTER LDaCN A. YNTCMSLHL'R
."INCH J. CAVIOSOII A09ANNE NATHANSON ROPCPi H. TOMOCk3ON
GTEPNEN R LITMAN MICHAEL G. TAYLOR COWARD A. MURPHY GCORDC O. L40HAAO nbfb.IO]9
CDWARD M. MOCRSFCLOCR JOHN W. OETSINOER NAS TMOJ. CDNLEY ARTHUR L.H. STNELT bb]TVaI.
RORCPT LCWO OARROWS THOMAS P. SANDERS November 1, 1994 GRCOORY L. P.0 PCNCOICT O KINARD II 4P0.1.
RICHARD J. WCDCNCR RC4CKT CEBLOVITQN JOSHUA J. ItANAuuAYCOM1 AMC$ R. DCINAND 11... Al4lI
PANICL J. MCINCMNDT. �A' TIMOTHY WELOH JANN N. CICNLCRDHITH
FRCPCRICK W. MORRIO ORCOO J. CAVANAOH RUTH R, O'N9ML
JOHN C. KVCHN sU.. M. MONIKER ANOREW P, LCC
BRADLEY J. GILLAH CRAOLLY J. COMM 1. DANIEL COLTON
MICHAEL A. NEKICN RLANC ➢HCPARO, JR. NICOLE A. ENGISCH OIONCY Lopata
MARTHA O. BRAND NANCY.1. WILTCCN DAVID D. ETEWILER IRCNC.'COTT
DAVIO N. HAYNES WILLIAM L, GRCC.VC TANNIE B. PTACEK OANICL M. WTORIOS
CAROLYN CHALMEPG STEVEN L. BRLTON MICHACL J. WUR:ER PETER H. BACHMAN
JAMES V, ROTH JOHN B. BACHNAN NARtN C, DI]FOBO bf<WWCL
kICHARO H. MARTIN
WRITER'S OIREC'F DIAL NUMBER
(612) 335-1698
VIA FACSIMXLE
( The Honorable Wyn John, Mayor
Mary Kueffner, City Administrator
City of Lake Elmo
3800 Laverne Avenue
Lake Elmo, Mn. 55042
Dear Mayor John and Ms. Kueffner:
Pam, Peter and I enjoyed meeting with you last Friday. We are
pleased to represent Lake Elmo.
After our discussion of the annexation issues which are of
concern to the City, we propose, that Leonard, Street and Deinard
undertake the following steps:
1. We will undertake a review of the Municipal Board
annexation order of 1990 and verify and reconcile the
ua,�. Order with the map prepared by Surveyor Bruce Folz. We
estimate that we will spend approximately 20 hours on
this project. Fo1z' time will, of course, be in addition
to that.��1
2. We will `perform an analysis of possible ways to address
inequities in the map, including potential challenges to
Municipal Board jurisdiction and the impact of persons
who did not sign the petition being involved in the
order. We will identify possible judicial or legislative
solutions. We estimate that this step will take from 10
The Honorable Wyn John, Mayor
Mary Kueffner, City Administrator
( November 1, 1994
Page z
to 20 hours. It, of course, does not include any
implementation of the proposed solutions.
3. We will investigate the legislative history of the 1985
property owner initiation legislation. We estimate that
this task will take from 5-7 hours depending upon whether
we need to listen to committee hearing tapes.
4. We will commence talks with various stakeholders
regarding possible amendments to the current annexation
statutes. We will speak with representatives of the
League of Minnesota Cities, the Municipal Board, the
Metropolitan Council, the Land Stewardship, and others as
appropriate. We will spend up to 20 hours of our time
for this portion of the task.
When these tasks are complete, we will summarize the
information we have obtained and share our conclusions and
recommendations with you. We will then determine how best to
proceed. We anticipate that these tasks will be completed by mid -
December so that we will be able to develop a legislative strategy
prior to the commencement of the legislative session in the first
week of.January, 1995.
We are proposing that you be billed for legal services at the
rate of $150 per hour. My regular hourly rate is $175 per hour (it
will go up on January 1, 1995), Pamela Steckman bills at somewhat
less and Peter Bachman bills at approximately the same rate as I
do. Once the steps defined above are complete and a strategy is
developed, we may wish to consider a fixed fee arrangement for the
1995 Legislative Session.
We look forward to working with you on this project and are
happy to coordinate with your City Attorney as you deem
appropriate. We will begin work as soon as you notify us that the
City is in accord with the plan outlined above.
very truly yours,
LEONARD, STREET ANDDEINARD
By
Ellen G. Sampson
EGS/kdb: zai®e®
An Equal Opportunity Employer
'*jB58'r.
STATE OF MINNESOTA
MUNICIPAL BOARD
475 McColl Building
366 Jackson Street
(5th & Jackson)
St. Paul, Minnesota 55 101 .1925
M E M O R A N D U M
OCT 9?1 Phone: (612) 296-2428
Fax: (612)296.9926
Twin Cities TDD: (612) 297.5353
Greater MN TDD: 1-800-627.3529
TO: Seldon Caswell, Attorney at Law
Mark Vierling, Attorney at Law
Mary Kueffner, City Administrator
FROM: Terrence A. Merri t
Executive Director
DATE: October 27, 1994
SUBJECT: Minnesota Municipal Board Matter D-248 Lake Elmo/
A-4573 Oakdale
Enclosed please find correspondence from the City of Lake
Elmo concerning the above -referenced matter, also for
your convenience, is a copy of the Board's Order in that
matter. Prior to completing our review of the matter,
we wish to give all parties to the original proceeding
an opportunity to review the information and determine
their position on the matter. In summary, it is alleged
that there were some parcels that were included in the
Board's Order to concurrently detach and annex that were
not originally petitioned for, and some that were
petitioned for that were not included in the Board's
order.
After your review, I would appreciate any comments by.
November 15, 1994 or earlier.
Thank you for your consideration in this matter.
TAM:ry
Enclosures