271958 WHITE — CITV CLERK
P�NK — FINANCE G I TY A I NT PAU L � � Council � � -�� (�
CANARV — DEPARTMENT File NO. ��� '7"V�—
BLUE — MAYOR
—�.e T„'S.'�
z �Zesolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The Lexington-Hamline Community Council, Inc.
commenced a lawsuit against the City of Saint Paul for the
purpose of determining the extent of use that could be made of
Dunning Field for adult municipal athletics as opposed to
children's activities; and
WHEREAS, The Lexington-Hamline Community Council and the
City' s Department of Community Services have developed a plan
for the development of Dunning Field which is mutually agreeable
to both of them; and
WHEREAS, The Lexington-Hamline Community Council and the
City' s Department of Community Services have both recommended
that the said lawsuit commenced by the Community Council be
dismissed pursuant to the stipulation for dismissal to be entered
into by both parties; and
WHEREAS, The Department of Community Services has recommended
that the City Council approve the stipulation for dismissal in a
form attached to this resolution; now, therefore, be it
RESOLVED, That the Council of the City of Saint Paul does
hereby approve the stipulation of dismissal of the lawsuit com-
menced by Lexington-Hamline Community Council, Inc. against the
City of Saint Paul and the City Attorney is hereby authorized to
enter into the stipulation for dismissal on behalf of the City of
Saint Paul in accordance with the terms and conditions set forth
in the said stipulation, a copy of said stipulation being attached
he re to.
COU[VCILMEN Requested by Department of:
Yeas Butler Nays � COM�U��T� v C
Hozza [n Favor
Hunt
Levine __�__ Against
^-�b4addex
Showalter
Tedesc Form Approve� by Cit�Attom y .
Adopted ouncil: Date �i Y��
1
Ce ied Passe y Cou .il Secret�ry BY �
B5 ��'T ���— App b ayor for Subm' ' n C uncil
!#ppro by iVlavor: D t —
By _ _ B
�'���isHEO N OV 4 19
. �
, - . . ,
. ,�. � . ' - . OM 01.s I2/197 5
Ti�a. : 9/8/'f6
LXP ATION OF AaMINSSTRATIVE ORDLRS, �;/Z`�ri� �
LOTIOTI . AND RD CE �
. . . � �.rrrr������rr��. . . � ..
- � � .. � ECEtVED :
Data: OCTOBf R 10, 1978 0 CT 1 1 1978
. , �
� ���
• TOs MAYOR GEORGE LATIMER
�= Ti�ON1A5 J. KELLEY �
�= Qfismissal of lawsuit conmenced by lexington-Ham1ine Conraunity Council �gainst.
� City of Sa1nt Paul regarding use of Dunning Field. :
A�CTION REQUESTED: `
_.�...._�.� �
Approval Qf stipulation of. dismtssal.
• ;>
PURPOSE AND RATIONALE' FOR TSIS ACTION:
Parties i"nvofivet�:�have reach�d mutual agreement for develapn�nt of Dunnfng Field. �
A2TAC�.K�NTS:
Counci� Resolution
Stipulation for Dlsmissal �
• ��l��f`T(�
/ ' t
....�mp�n r ' �+ Y li�
=°6`'T' °=s'�; CITY OF SAINT PAUL
=R8 ��i4
'; �r, OFFICE OF THE CITY ATTORNEY
`s�� iii�ii�ii r�
%� �= SUZANNE E. FLINSCH, CITY ATTORNEY
,,,,. =
''�ii�lR!!���.�` 647 Ciiy Hell,Saint Paul,Minnesota 55102
GEORGE LATIMER 612-298-5121
MAYOR
September 28, 1978
Mr. Robert Piram
545 City Hall
BUILDING
Re: Lexington-Hamline Community Council
v. City of Saint Paul
Our File 5-77-0426
Dear Mr. Piram:
Enclosed please find a resolution approving the stipulation for
dismissal, together with a copy of the stipulation attached to
the resolution. This resolution is the form which I have pre-
pared and transmitted to Mr. Heffernan for the approval of the
Lexington-Hamline Community Council. The Lexington-Hamline
Community Council has accepted and approved the stipulation
and upon the adoption and approval of this resolution our office
will execute and file the dismissal with the Clerk of District
Court.
If you need any additional information, please advise me.
R
Yours very truly,
� ��
^' �
��� ����
J��Q'� J. w�E GAL
As.s"i�tant �ity Attorney
JJS:Cg
enc. '
��
. . ' �' f �
( �
.i . ` ' '��� ��� �
°'J {
• �
1
� . . . .. . ' . . .....:.�... . . ��::
. _ .. j::
" IN DISTRICT COURT
STATE OF MINNESOTA ���
��
COUNTY OF RAMSEY ' SECOND JUDICIAL DISTRICT `_
---------------------- -- ----. _ _File No. 420618
, - . _ . .
City� of .St. Paul, ex rel- . �
. ,� .,. ., -, -. : -., :
Lexington-Hamline Community �, � . - �'
_ . _ _ _.
Council, Inc. , , , �_-: : .: ;... , _ ._ ::
, _ _ _
_ _ _ Plaintiff,:. ... : - _ STIPULATION.
_ . . ,. _ ......_ •-
� _ FOR ..
vs. _ - DISMISSAL
:_. . . ... _ . _ . _.
City of Saint Paul, : , ._ _ ._ _ .
. . .. .
_
__ _
_._.._ _. _- _ r
_. . . . .
_ : ._ . _. . . � - _
_ _ . _ .
Defendant : , _
WHEREAS, Plaintiff has commenced this present action :
alJ.eging that the City of Saint P.aul, in permitting adults to
. _ _ ._._ ..._ _ __
_ _
use Dunning Field, violated the restrictions imposed upon the -
land established by the Minnesota State Legislature when it
authorized the conyeyance .of the real property to City of Saint
�. . _:_-�._.,r.._ , .wy.�.�-.. , . _
_ _ �._�. _ -- � ,.
Paul pursuant to Chapter . 163, Laws of Minnesota for 1911; and
WHEREAS, Defendant denies that such use of the Dunning
Fie.ld by adults violated the said restrictions; and
WHEREAS, Plaintiff and Defendant have met and agreed upon
an acceptable and permissable master plan for the development
of Deznning Field, a copy of which is attached hereto, marked
:, .. -:--. -. - - _
- Exhibit A, . and incorpoiated herein by reference; and
. _. _ . _ _ _
::. - ::
_ . _ __ _ _ _ __
_ . .
WHEREAS, Plaintiff and Defenda.rit agree and do hereby �'- �
stipulate to the followin '.. _
g � �. . � • �
1. Al1 of the area of Dunning Fie1d west of Griggs_
Street is for community use. No� adult Diunicipal
League activity or school activity will be -
allowed west of Griggs. In the event that the
City, for good reasons, needs any part of that
area for its Adult Municipal League activity
or school activity, that need, in the year of
the need, must be presented to the Board of
Directors of the Lexington-Hamline Community
Council or its successor for approval.
. - ' �'
� '
2. All of Dunning Field east of Griggs Street is
primarily for municipal athletics. It is also
for community use in keep�.ng with the function
of the fields. The community and Community
Services Department will set up scheduling to
facilitate maximum and most efficient use o�
this area.
..�,. _
3. The Lexington-Hamline Community Council and the _
City will continue to jointly develop plans for --
the design .and use of Dunning Field and to con-
tinue seeking funds for the implementation of _
these plans.
4. The various design _steps of the Dunning Field
master plan, as attached- hereto, including basic
concept drawings, preliminary plans, final plans,
will be approved by the City and Lexington-
Hamline Community Council: The City will not
change any elements of the design concepts
unless the Lexington-Hamline Community Council
is consulted and has an opportunity to make a
� response.
WHEREAS, Plaintiff and Defendant stipulate and agree that
the plans for the use of Dunning Field, as contained in the
attached Master Plan, complies with and meets the restrictions
._ . ... ., .. __.�.
_ �_ �
contained within the legislative enactment ,, Chapter 163, Laws
of Minnesota for 1911, and that deed of conveyance from the
State of Minnesota to the City of Saint Paul, dated October 10,
1912, filed of record in the ciffice of Register of Deeds for
Ramsey County, Document No. 430346; and
WHEREAS, Pursuant to the above agreements, Plaintiff and
.: . __ _ _
Defendant have agreed to dismiss this action with prejudice_. -
. __ , :
and without costs or disbursements to either party; .
_ . _ ... ._ _� .�.._ .. _. _ __ _ _ _ _ _
THEREFORE, Pursuant to the terms of this agreement, as
� set forth above, it is stipulated between the parties tliat � � �
this action shall be., and .is hereby, dismissed with prejudice
and without costs or disbursements to either the Lexington-
Hamline Community Council, Inc. or the City of Saint Paul.
LEXINGTON-HAMLINE COMR'IUNITY
COUNCIL, INC.
By i
Dona d . ernan
Attorney for Plaintiff
100 McColl Building
Saint r'aliZ � i�iiiliic�SO��"..3 ..�i✓ivi
2 .
.. n�. . � — � � ���.r��
, �.�� �--�
A
CITY OF �AINT PAUL
_ By .
. _ ,.. , ,: � Suzanne E. Flinsch` .
� . __ __ _ : City Attorney
___ _
By '
_ _ _ - .. _: _:_ Jerome J. Segal
_ . " , _ Assistant City Attorney
_. _ . _:__:.. -_ . _ _ -
- Attorneys for Defendant
647 City Hall and Court House
' Saint Paul, Minnesota 551�2
- 298-5121 -
_ _ ___
Approved this _� day of
._
Septembex, i978.
JUDGE OF THE DISTRICT COURT
.... . .. .. ...._ .a_ .. ..�.. �� -s�. .:'G .G'.. .Z.. �. '..' ...- � . .'. . � .:.' �:� A
3. �