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Home My WebLink About05-24-95 CCMMINUTES APPROVED: 6-6-95 LAKE ELMO SPECIAL CITY COUNCIL MEETING MAY 24, 1995 Mayor John called the special meeting to order at 6:10 p.m. for the purpose of discussing the Lake Elmo Heights 3rd Addition Right-of-way Easement (West side of Lot 10 and NW corner of Lot 9). PRESENT: Hunt, Conlin, John, Johnston, DeLapp and Administrator Kueffner. 1. AGENDA ADD: 3. Review quote from Up Time M/S/P Hunt/Conlin - to approve the May 24, 1995 City Council agenda as amended (Motion passed 5-0). 2. Lake Elmo Heights 3rd Addition Right -of -Way Easement The City Council received a letter from Attorney Filla, dated May 19, 1995 indicating he is incorrect in stating that one City may not condemn property beyond its borders without the consent of the City in which the property is located. A condemning authority may acquire an interest in private property in Lake Elmo without the City of Lake Elmo's consent. A condemning authority could acquire an interest in property which has already been dedicated for public use if the two public uses are not inconsistent or if there is a judicial determination that the condemning authority's proposed use has a priority over the use for which the land is currently dedicated to the public. It would-be more difficult for a condemning authority to acquire an interest in property which had already been exclusively dedicated to Lake Elmo for an appropriate public purpose. M/S/ Hunt/John - that the City of Lake Elmo accept the original easement presented by Royal Oaks on the Final Plat of Lake Elmo Heights 3rd Addition Council member Conlin stated this shows you what Oakdale is capable of. If we wouldn't have moved ahead and made this an RE development, most assuredly, you would be dealing with an Oakdale development in at this point. This road that they want enough to go through condemnation would have assured that the annexation would have occurred. We seem to be living with big mistakes in City planning that date back 15-20 years, and they have a negative effect on the City. This is one of the reasons why she pushed so hard to have an in-house planner so we can be ahead of the game, The only way I can vote for this motion is contingent upon Oakdale agreeing. to using that easement only. If Oakdale doesn't agree, that indicates they want to go for the whole road. LAKE ELMO CITY COUNCIL SPECIAL MEETING MAY 24, 1995 Council member Johnston indicated she hated being forced into a position of solving another City's street problem that really should not concern the City of Lake Elmo in any way along our borders. Being backed into the corner, this seems the least damaging way to try to work it out. M/S/ Conlin/Johnston - to amend the motion to include contingent upon Oakdale agreeing to use that easement alone from Lake Elmo land Councilman Hunt would like to take the exclusive easement and then go and talk to Oakdale and see what we can work out to mitigate the problems to Lake Elmo. Mayor John didn't think you can vote in one direction contingent on a decision which has not yet been communicated to us from Oakdale. He suggested we take the easement, as is, and approach the city of Oakdale. Oakdale could use that easement to produce their plans for the route out of Helmo which does not encroach on the properties of the northwestern portion of Lake Elmo Heights 3rd Addition. If that route shows that it does, then we would have to resist it. M/S/P Conlin/Johnston - to withdraw contingency. (Motion passed 5- 0). Councilman DeLapp suggested added Findings of Fact to interpret why the Council is taking this action because we are not seeing any benefit to the City of Lake Elmo by either of these possibilities. M/S/P Conlint/Johnston - that the City of lake Elmo accepts the original right-of-way easement (west side of Lot 10 & NW corner of Lot 9) presented by Royal Oaks on the Final Plat of Lake Elmo Heights 3rd Addition based on the following Findings: (Motion passed 5-0). 1. The exit from Helmo has been in Oakdale's Comp Plan for some time even though it disagrees with Lake Elmo's long range plans. 2. The Washington County Public works Dept. require a right-of-way on the centerline of Ideal for exiting Helmo Avenue at Stillwater Blvd. 3. Acceptance of this easement will enable Lake Elmo to minimize the impact or intrusion on Lake Elmo land and permit the City of Lake Elmo to remain a participant in the design and construction process of any road. 4. The easement at the NW corner of Lot 9 and West side of Lot 10 was specifically requested by the City of Oakdale to meet their needs for exiting an extended Helmo Avenue at Stillwater Blvd. LAKE ELMO CITY COUNCIL SPECIAL MEETING MAY 24, 1995 3. Quote from Up Time Computer Services The Council received a quote of $2,105.51from Up Time Computer Services dated May 24, 1995 which will replace the Finance Director's computer. The MAC wanted the City to use software that would allow us to better predict the required maintenance reserves in order to do the CIP. The Finance Director's computer is not capable in running the entire program. M/S/P Johnston/DeLapp - to use part of the funds previously allocated to the City Planner and purchase a computer for the Finance Director as detailed in the Up Time Computer Services quote of May 24, 1995. (Motion passed 5-0). M/S/P DeLapp/Hunt - to adjourn the meeting at 7:20 p.m. (Motion passed 5-0). RESOLUTION NO.95-37 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT OF LAKE ELMO HEIGHTS 3RD ADDITION WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of Lake Elmo Heights 3rd Addition; and WHEREAS, the Lake Elmo Planning Commission reviewed a final plat for Lake Elmo Heights 3rd Addition at its April 24, 1995, meeting, and WHEREAS, the final plat of Lake Elmo Heights 3rd Addition presented to the City Council conforms to the City's subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Clty of Lake Elmo does hereby approve and accept the final plat of Lake Elmo Heights 3rd Addition as the same as on file with the City Administrator, subject to the' following conditions: 1. The applicant meets conditions set forth by the Valley Branch Watershed District in its letter of February 24, 1995. 2. The applicant meets the conditions set forth by the City Engineer In his letters dated February 23, 1995 and April 20,1995. 3. The applicant meets the conditions set forth by the City Planner in his letter dated February 22, 1995. 4. The applicant provides a revised landscape plan, with the final plat that is consistent with City landscape regulations, with the discretion of the placement on the landscaping requirements of the individual lots should compliment what the individual property owner wants as along as it is in compliance with the City regulations. Responsibility to comply with the ordinance rests with the developer. 5. The park land dedication, as shown on the preliminary plat, and cash combination to meet the City code requirements be accepted by the City as recommended by the Parks Commission. 8. 27th Street North shall not be used for construction and be so signed indicating that it shall not be used for construction traffic including Innsdale Avenue and a temporary barricade installed at the end of 27th St. N. 7. Future road extension signs shall be placed on cul-de-sacs and streets which may be extended in the future. 8. An erosion control plan shall be submitted to the City Engineer along with the construction plans for road improvements. No easement will be provided in the NW comer of Lot 9 and west side of Lot 10 to tie in with Ideal Avenue North. Easement for road right-of-way is deleted from plat. 9. The developer enters into a Development Agreement with the City subject to approval by the City Attorney. w BE IT FURTHER RESOLVED, that the Final Plat shall not be executed by the City until the above conditions have been met. ADOPTED by the Lake Elmo CRY Counc' his 2nd cjay o ay,1995. Wyn Jdhn � r ATTEST: Mary uef r, City Administrator fi, LAKE ELMO CITY COUNCIL SPECIAL MEETING MAY 24, 1995 2 Council member Johnston indicated she hated being forced into a position of solving another City's street problem that really should not concern the City of Lake Elmo in any way along our borders. Being backed into the corner, this seems the least damaging way to try to work it out. M/S/ Conlin/Johnston - to amend the motion to include contingent upon Oakdale agreeing to use that easement alone from Lake Elmo land Councilman Hunt would like to take the exclusive easement and then go and talk to Oakdale and see what we can work out to mitigate the problems to Lake Elmo. Mayor John didn't think you can vote in one direction contingent on a decision which has not yet been communicated to us from Oakdale. He suggested we take the easement, as is, and approach the city of Oakdale. Oakdale could use that easement to produce their plans for the route out of Helmo which does not encroach on the properties of the northwestern portion of Lake Elmo Heights 3rd Addition. If that route shows that it does, then we would have to resist it. M/S/P Conlin/Johnston - to withdraw contingency. (Motion passed 5- 0). Councilman DeLapp suggested added Findings of Fact to interpret why the Council is taking this action because we are not seeing any benefit to the City of Lake Elmo by either of these possibilities. M/S/P Conlint/Johnston - that the City of lake Elmo accepts the original right-of-way easement (west side of Lot 10 & NW corner of Lot 9) presented by Royal Oaks on the Final Plat of Lake Elmo Heights 3rd Addition based on the following Findings: (Motion passed 5-0). 1. The exit from Helmo has been in Oakdale's Comp Plan for some time even though disagrees with Lake Elmo's long range plans. 2. The Washington County Public works Dept. require a right-of-way on the centerline of Ideal for exiting Helmo Avenue at Stillwater Blvd. 3. Acceptance of this easement will enable Lake Elmo to minimize the impact or intrusion on Lake Elmo land and permit the City of Lake Elmo to remain a participant in the design and construction process of any road. 4. The easement at the NW corner of Lot 9 and West side of Lot 10 was specifically requested by the City of Oakdale to meet their needs for exiting an extended Helmo Avenue at Stillwater Blvd. 11P Tim - Computer Services Mary May 24, 1995 Up Time 486DX4-75 Mhz Computer System including: Desktop or Mini -Tower Case With 200 Watt Power Supply Micronics JX30-WB VL-Bus System Board With Built -In IDE 110 with 258KS Static Write -Back Cache 8 MG RAM Expandable To 128MB on System Board Teac 1.44MB 3.5" Diskette Drive Teac 1.2MB Diskette Drive 101-Key Enhanced Keyboard Diamond Speed Star VL -Bus with 1 MB RAM Seagate ST3491A 428 MB Enhanced IDE Hard Disk Drive Viewsonic 15ES 15" Non -Interlace .28 Dot -Pitch Monitor Microsoft DOS 8.22, Windows for Workgroups 3.11 and Serial Mouse it SALES TAX QUOTE 11 $1,977.00 $1,977 128.51 2700 Freeway Blvd„ Suite 1000 + Minneapolis, MN 55430 (612)560-2535+ Fax: (612) 560-3250 ...................... -[:. ► pule INAp TAT ➢zY t YOYLL OASS 4_.. a 4100 LEMOTON AM SNOMIET. )1N. 55125 (112) 403-0010 CAL LOT ➢STAL 1' f i . 0 DILE r—i iL.-- t 0 NOTICE OF SPECIAL MEETING TO: Lake Elmo City Council This notice is provided according to MN. Stat. 471.705 Subd. 1c.(b) - Notice of Special Meetings. It is intended as a written direction by the undersigned for the purpose of files and notification of city council persons and 'news medium that have filed a request' to be notified: DATE, TIME, AND PLACE OF MEETING: Wednesday, May 24, 1995, 6:00 p.m. City Council Chambers, 3800 Laverne Avenue N. PURPOSE: Lake Elmo Heights 3rd Addition Easement y John, --Mayor G'�F LAKE ELMO LAKE ELMO SPECIAL CITY COUNCIL MEETING MAY 24, 1995 Agenda 6:00 P.M. 1. SPECIAL MEETING CONVENES 2. Lake Elmo Heights 3rd Addition Right -of -Way Easement (West side of Lot 10 & NW corner of Lot 9) 3. Adjourn SPECIAL LAKE ELMO CITY COUNCIL MEETING CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA LAKE ELMO ELECTED OFFICIALS WILL BE ATTENDING THE MUSICAL, "THE LOGGER'S LIFE", PRESENTED BY THE FOURTH GRADE, LAKE ELMO ELEMENTARY SCHOOL, ON THURSDAY, MAY 18, 1995, PERFORMANCES AT 6:15 AND 7:30 P.M., LAKE ELMO SCHOOL LARGE GYM, 11030 STILLWATER BLVD., LAKE ELMO. r Sharon Lumby Deputy City Clerk t