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Home My WebLink About01 - 2013 Full Resolution BookRESOLUTION ATE NUMBER 2013 — 001 1 — 15 Accepting Resignation and Declaring a Vacancy 002 1 — 15 Designating City's Data Practices Officials and. Approving City's Data Practices Policy 003 1 — 15 Restricting barking Along Feats Avenue North from Trunk. Highway 36 to 47"' Street Forth For S.A.P. 206-105-002 004 1 —15 Appointing Council Member to Vacancy 005 Establishing the Economic Development Authority of the City of Lake Elmo, Minnesota Linder Minnesota Statutes, Section 469.090 through 469.1082 006 2-5 Granting a Conditional Use Permit to Valley Branch Watershed District to Allow Grading in a Floodplain to Facilitate the Removal of a Culvert Located at Raleigh Creek and Former 28"' Street North 007 2-5 Approving a Variance to Allow Christ Lutheran Church to Split an Existing Lot into Two separate Parcels that do not Meet Minimum Lot Size and Width Requirements 008 2-5 Adopting the Administrative Citation Fee Schedule for the City of Lake Elmo 009 2 — 19 Adopting the manual for Engineering Design and Construction Standards 010 2 — 19 Authorizing Publication of Ordinance 08- 069 By Title and Summary 0 i 1 2 — 19 Authorizing Limited Property Tax Abatement for 8665 Hudson Boulevard for Fears 2014, 2015, 2016, 2017 012 2 — 19 Receiving Feasibility Report for Olson Lake Trail. unitary Sewer Extension and. Calling Hearing on Improvement 013 2 — 19 Declaring Cost to be Assessed and Calling Hearing on Proposed Assessment for Olson Lake Trail Sanitary Sewer Extension 014 2 — 19 Authorizing Publication of Ordinance 08- 70 by Title and Summary 2013 Resolutions 12-19-2013 015 3-5 Approving Plans and Specifications and Ordering Advertisement for Bids for the Keats MSA Street and Trunk Waterinain Improvements 016 3-5 Adopting the Standard Form of Development Agreement 017 3 — 5 Revising Fee Schedule 018 1 19 Authorizing Publication of Ordinance 08- 073 by Title and Summary 019 3-19 Accepting the Amended Report for the Olson Lake Trail Sanitary Sewer Extension and Declaring Costs to be Assessed, as Amended 020 3-19 Ordering the Improvement and Preparation of Plans and Specifications for the Olson Lake Trail Sanitary Sewer Extension 021 3-19 Adopting the Final Assessment Roll for the Olson Lake Trail Sanitary Sewer Extension 022 3-19 Declaring Adequacy of Petition; Approving Preliminary Fee Agreement; Ordering Preparation of Feasibility Report and Preparation of Plans and Specifications; and Approving Engineering Services Agreement for the Section 34 (Lennar Area) Water and Sewer Utility Extension Improvements 023 4-02 Approving Plans and Specifications and Ordering Advertisement for Bids for the 2013 Seal Coat Project 024 4-02 Approving the Minnesota Department of Transportation Agency Agreement No, 03330 025 4-02 Authorizing Adoption of Updates to the Lake Elmo 2030 Comprehensive Plan Related to Chapter III Land Use and Cha ter TV Housing 026 4 — 1 6 Approving Plans and Specifications and Ordering Advertisement for Bids for Production Well No. 4 027 4-16 Authorizing Limited Property Tax Abatement for 8665 Hudson Boulevard for Years 2014, 2015, 2016, 2017 028 4-16 Accepting the Nine Rules for Civility 2013 Resolutions 12-19-2013 029 4 — 1 6 Authorizing an Application to the State of Minnesota Financing Program, The Minnesota Investment Fund, in the Amount of up to $500,000 for Valley Cartage Group Inc. 030 4-16 Accepting the Bids and Awarding a Contract for the Keats MSA Street and Trunk Watern-iain Improvements 0101 5-07 Approving a Revised Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies and a Fast Access Subscriber Amendment for Washington County Pilot Program 032 5-07 Approving Master Subscriber Agreement for Minnesota Court Data Services for Govenimental Agencies and Master Subscriber Agreement Amendment for First Appearance Support Track (FAST) Access 033 5-07 Approving a Joint Powers Agreement Between the City of Oakdale and the City of Lake Elmo for the Olson Lake Trail Sanitary Sewer Project 034 5-07 Approving a Sanitary Sewer Service Agreement with the City of Oakdale for Lake Elmo Properties Abutting Olson Lake Trail 035 5-07 Authorizing Publication of Ordinance 08- 077 by Title and Summary 036 5-07 Authorizing Publication of Ordinance 08- 078 by Title and Summary 037 5-07 Approving an Amendment to the City of Lake Elmo Comprehensive Plan 038 5-07 Approving a Joint Powers Agreement Between the City of Maplewood and the City of Lake Elmo for Construction Observation Support Services 039 5-21 Accepting the Bids and Awarding a Contract for Production Well No. 4 040 5-21 Accepting the Bids and Awarding a Contract for the 2013 Seal Coat Protect 041 5-21 Supporting a Request by the Minneapolis Rowing Club to Host the 110"' North Western International Rowing Association Championship Regatta on Lake Elmo on August 3 and 4, 2011 2013 Resolutions 12- 19-2013 042 5-21 Revoking Municipal State Aid Streets 043 5-21 Establishing Municipal State Aid Streets 044 5-21 Authorizing Publication of Ordinance 08- 080 By Title and Sunim�ry 045 5-21 Authorizing Execution of a Revised Memorandum of Understanding Between the City of Lake Elmo and the Metropolitan Council Regarding Development Staging and Wastewater Inefficiency Fees 046 6-04 Approving a Minor Subdivision for Christ Lutheran Church — 3549 Lake Elmo Ave 047 6-18 Approving Plans and Specifications and Ordering Advertisement for Bids for the Lake Elmo Avenue Infrastructure Improvements: 1-94 to 30t" Street 048 6-18 Authorizing Publication of Ordinance 08- 082 by Title and Su -min Lry_ 049 --- ----- 050 7-02 Approving a Variance to Allow for the Construction of a Covered Porch Within the 100 Foot Shoreland, Setback at 4719 Olson Lake Trail North 051 7-02 Authorizing Publication of Ordinance 08- 085 by Title and Summary 052 7-02 Amending a Conditional Use Permit to Further Clarify the Types of Activities Permitted as Part of an Agricultural Entertainment Business at 11211 60th Str"t North 053 7-02 Approving the Savona Project Environmental Assessment Worksheet (EARN) and Finding No Need for an Environmental Impact Statement (EIS) 054 7-16 Approving Agreement No. 04109 with the Minnesota Department of Transportation for the Maintenance of the Trunk Highway 5 Pedestrian Refuge Island and Crosswalk (S.P. 8214-163) 055 7-16 Accepting Resignation and Declaring a Vacancy 056 7-16 Appointing Council Member to Fill Vacancy 2013 Resolutions 12-1(-)-2013 057 7-16 Receiving Feasibility Report for the Section 34 Water and Sewer utility Extension Improvements and Calling Hearing on Improvement 058 7 — 16 Approving Plans and Specifications and Ordering Advertisement for Bids for the Section 34 Water and Sewer Utility Extension Improvements 09 8 - 06 Accepting the Bids and Awarding a Contract for the Lake Elmo Avenue Sewer Infrastructure Improvements: I-94 to 30`I' Street 060 8 — 06 Ordering Preparation of a Feasibility Report for the Well No. 4 Connecting Watermain Improvements 061 8-06 Ordering Preparation of Plans and. Specifications and Approving Engineering Services Contract for the Pumphouse No. 4 and Connecting Watermain Improvements 062 8 — 06 Ordering Preparation of a. Feasibility Report for the Inwood. Booster Station. and Trunk Watermain Improvements 063 8 — 06 Approving the Issuance of General Obligation Bonds, Series 2013A 064 — 06 Approving a Preliminary Plat for Savona 065 8 — 20 Authorizing Publication. of Ordinance 08- 087 by Tale and Summary 066 9 — 03 Approving a Variance to Allow the Installation of Holding Tanks at 4719 Olson Lake Trail. North to be used for a Time Period. Longer than 12 Months, but Not to Exceed 5 Fears 067 9 — 03 Approving a Variance to Allow the Construction of a Ground Sign at 3712 Layton Avenue North that Exceeds the Maximum Height by Three Feet and Maximum Area by Approximately 18 Square Feet Allowed under the City's Signage Regulations 068 9 — 03 Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment for the 201.2 Street & Water Quality Improvements 2013 Resolutions 12_19-2013 069 9 — 03 Setting the Truth in Taxation Public Hearing Date for the 2014 Budget and Tax Levy 070 9 - 03 Approving an Amendment to the City of Lake Elmo Comprehensive Plan to Revise Chapter XI — Wastewater Facilities 071 9 — 03 Receiving a Feasibility Report for the Well o. 4 Connecting Watermain Improvements and Calling Hearing on Iimproveent 072 9 — 03 Ordering the Improvement, Accepting the Bids and Awarding a. Contract for the Section 34 Water and Sewer Utility Extension Improvements 073 9 —10 Approving Proposed 2013 Tax Levy, Collectible in 2014 and Proposed 2014 Budget 074 9 — 10 Supporting 20144 State of Minnesota Bonding Request for State Appropriations for Supply of Safe Potable eater to Mandated Growth Areas with Underlying Groundwater Contamination 075 9 - 17 Authorizing Publication of Ordinance 08- 074 By Title and Summary 076 9 — 17 Revising Fee Schedule 077 9 — 17 Ordering Preparation of A Feasibility Report for the Lake Elmo Avenue Trunk Waterniain Improvements 078 9 — 17 Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $5,615,000 General Obligation Bonds, Series 2013A 079 10 — 01 Authorizing Certification to the Washington County Auditor for Unpaid Surface Water Utility Bills 080 10 — 01 Appointing Election Judges for the 2013 Special Election 081 10 — 01 Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Dearing on Proposed Assessment for the Keats MSA Street and Trunk Watermain I prove ents 082 10 — 15 Approving a Vairance at 09.029.21.22.0025 (Hill Trail North) to Allow the Construction of a Single Family Home on a Lot Not Considered a Buildable 2013 Resolutions 12.1 9_2013 Lot of Record Per the Lake Elmo Zoning Ordinance and to Allow for the Installation of a Subsurface Sewage Treatment System on a Lot that Does Not Have the Required Amount of Area that is Suitable for a Septic System Per the Lake Elmo Zoning Ordinance 08-1) 10-01 Adopting the Final Assessment Roll for the 2012 Street & Water Quality Improvements 084 10-01 Ordering the Improvement for the Well No. 4 Connecting Watermain Improvements 085 10-01 Ordering Preparation of a Feasibility Report for the 2014 Street Improvements 086 10-01 Approving an Amendment to the City of Lake Elmo Comprehensive Plan 087 10-15 Approvin". Tax Forfeited Parcels for Public Auction 088 10-15 Authorizing Publication of Ordinance 08- 088 by Title and Summary 089 10-15 Authorizing Publication of Ordinance 08- 090 by Title and Summary 090A 11-06 Setting a Public Hearing on a Vacation 090E 11-06 setting a Public Hearing on a Vacation 091 11-06 Adopting the Final Assessment Roll for the Street Improvements for the Keats MSA Street and Trunk Watelmain Improvements 092 11-06 Adopting the Final Assessment Roll for the Watermain Improvements for the Keats MSA Street and Trunk Watermain Improvements 093 11 — 06 Receiving a Feasibility Report for the Lake Elmo Avenue Trunk Watermain Improvements and Calling Hearin- on Improvement 094 11-06 Granting Assessment Deferral for Hardship to Eligible Properties 095 11-06 Authorizing Publication of Ordinance 08- 091 by Title and Summary 096 11 —06 Approving antmendment to the City of Lake Elmo Comprehensive Plan 097 11-19 Adopting the Lake Elmo Design Guidelines and Standards Manual 098 11-19 Authorizing Publication of Ordinance 08- 095 by Title and Summary 099 12 — 3 Adopting the 2014 General Fund Budget 2013 Resolutions 12 - 19-2013 too 12 — 3 Authorizing Certification to the Washington County Auditor for Unpaid Water Utility Bills 101 12 — 3 Ordering the Improvement for the make Elmo Avenue Trunk: Watermain Improvements and. Authorizing Preparation of flans and Specifications 102 12 — 3 Receiving a Feasibility Report for the Inwood Rooster Station and Trunk Watermain and Calling hearing on Improvement 103 12 - 3 Approving an Amendment to the Planned Unit Development for the Eagle Point Business Park to Allow Public Schools as a Conditional Use 104 12 — 3 Denying Amendments to the City of Lake Elmo Comprehensive flan and Zoning Map 15 12 - 3 Authorizing Publication of Ordinance 08- 096 by Title and Summary 106A 12 — 3 Vacating a Permanent Public Utility Easement and Agreement 106B 12 — 3 Vacating a Temporary Construction Easement and Agreement 107 12 — 17 Approving a Conditional Use Permit to Allow a Public School Building within the Eagle Point Business Park 108 12 - 17 Authorizing Adoption of the Village Planning Area Update to the Lake Elmo 2030 Comprehensive Plan. 109 12 — 17 Approving the Boulder Ponds PUD General Concept Plan 110 12 — 1.7 Adopting Minor Revisions to the City of Lake Elmo Special Assessment Policies and Procedures for Public Improvements 8 2013 Resolutions 12-19-2013 WHEREAS, Council Member Mike Pearson's letter indicates that his resignation will be effective on January 7, 2013, when his term as Mayor of the City of Lake Elmo begins. NOW, THERFORE, BE IT RESOLVED that the Lake Elmo City Council hereby accepts the resignation of Council Member Mike Pearson and declares a vacancy in the council seat held by Council Member Mike Pearson, effective on January 7, 2013 when his term as Mayor of the City of Lake Elmo begins. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF JANUARY 2013. (Sea-1) By Ewiwm Adam Bell X1814=1 Mike Pearson Mayor THE"i UTY OF Lr'�KE ELMO Honorable Mike Pearson 2805 Lisbon Avenue North Lake Elmo, Minnesota 5542 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 I hereby resign as Lake Elmo City Council Member in order to serve as Mayor of the City of Lake Elmo effective January 7, 2013. Sincerely, rt Mike Pearson Council Member/Mayor-Elect CITY OF LAKE ELNIO 11111LITUR WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and procedures pertaining to government data practices; and WHEREAS, the statute also requires the appointment of a data practices compliance official, a data practices responsible authority and optional designee(s) to enforce the data practices policies of government agencies. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the attached City of Lake Elmo Data Practices Policy, together with the exhibits attached thereto, are hereby adopted and approved as if fully set forth herein; and ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS FIFTEENTH DAY OF JANUARY 2013. y: r-----Mike Pearson Mayor XdTani Bell C.01 City Clerk 14-4 �� IVA V I IVVV UNUIT'll"911, ITI I , 11 1 1 1 i I iq!1�1111111!�� COMM HE UHLQXNTAWNA�W NNIS On WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of this Street; and, -;T?VWXZ7T5-,TM`sMTMvemem (ioes 777 provicte actequate wican Tor parKing on Dom sices ot 117e street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF JANUARY 2013. M ATTEST - Ada , m Beff City Clerk Lel"Wel a WR 114 go X 110 rol . .... ....... By:, Mike Pearson Mayor Resolution No. 2013-03 � Ilu ill � i ��' Nam WHEREAS, Mike Pearson was duly elected to the office of Council Member, for the period of January 3, 2011 to January 5, 2015, and WHEREAS, Council Member Mike Pearson's resigned from the Council on January 7, 2013, to serve as Mayor of the City of Lake Elmo; and NOW, THEREFORE, BE IT RESOLVED by the Lake Elmo City Council of Lake Elmo, Minnesota, hereby appoints Wally Nelson to the Council for the remainder of the term previously held by Council Member Mike Pearson, and her/his appointment shall expire on January 5, 2015. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF JANUARY 2013. M ATTEST - Adam Bell City Clerk Mike Pearson Mayor CITY OF LAKE ELMO a a a I I I 1 -1-0-51 I . Recitals. The City of Lake of Lake Elmo is authorized pursuant to Minnesota Statutes, 469.090 through 469.1082 (the Economic Development Act), to establish an economic development authority for the City and the Council desires to do so in order to promote certain, economic, commercial, housing, and / or industrial development and redevelopment goals and objectives. The City has caused notice of a public hearing on the establishment by the City of an economic development authority to be published in a newspaper of general circulation in the City once each week for two consecutive weeks, and pursuant to such notice, a public hearing on the proposal has been held by the Council on the date hereof, at which hearing all persons desiring to present their oral or written comments on the proposal were given an opportunity to do so. 2. Establishment of Econ.omic Development Authority. Pursuant to the Economic Development Authority Act, the Council hereby establishes an economic development authority for the City to be known as the Economic Development Authority of the City of Lake Elmo, Minnesota (the "EDA"). The EDA shall be governed by a board of commissioners thereof consisting of seven members, two who shall be members of the City Council. Each Commissioner who is a member of the City Council shall cease to be a Commissioner effective at such a time as he or she is no longer a member of the Council. Five members shall be real property owners, in good standing, from within the jurisdictional boundary of the City of Lake Elmo that be appointed by the Mayor with Council approval. Terms shall be staggered as follows: (1) member serves a one-year terin; (2) members serve a two-year term, (2) members serve a three-year tenn. 3. Staffin2, The City Administrator shall act as the Executive Director of the City of Lake Elmo Economic Development Authority. 4. Powers. The EDA shall have all limited powers granted to an economic development authority pursuant to the Economic Development Authority Act, as the same may be amended or supplemented. The City of Lake Elmo City Council pursuant to Minnesota Statutes 469.092 places the following operational control on the EDA: I The sale of all bonds or obligation issued by the EDA must be approved by the City Council before issuance-, 1 The EDA follows the budget process for City departments as provided by the City as implemented by the City Council and Mayon, All official actions of the EDA must be consistent with the adopted comprehensive plan of the City, and any official controls or oversight by the City implementing the comprehensive plan-, 4. The City Council may by resolution require the EDA to transfer any portion of reserves generated by activities of the EDA that the City Council determines is not necessary for the successful operation of the authority to the debt service fund of the City, to be used solely to reduce tax levies for bonded indebtedness of the city. SECTION 2. Effective Date This resolution shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo, ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 5TH DAY OF FEBRUARY,2013. el Adam Bell City Clerk Roceipt* 3,8518 3965280 TI I F' CITY OF LAKE ELMO Rptu,n tA. A, FIEFREF "I certified Filed aqcjjor �,ecorded on: 3965280 )q�,Ce of t,,Ip- County Recorder ,vvashington CountY, Miflnesota I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a duly authorized meeting thereof held on the 5th day of February 2013, as shown by the minutes of said meeting in my possession. Adair R. Bell City Clerk (Sea!) 1611 KIM 2 MEN 11=1 1-W A ',,A UT I V a WHEREAS, the Valley Branch Watershed District have requested a Conditional Use Permit to allow for g ,rading activity wn a floodway. WHEREAS, the grading activity is intended to facilitate the removal of a culvert located at Raleigh Creek and the former 28th Street North. I WHEREAS, the City Engineer issued a report dated January 1/7/2013, ighlidifiltz. tip 1.12 1.2L-a' WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on January 14, 2013, and reviewed and recommended approval of the Conditional Use Permit to allow for grading within a floodway. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo Citv Council hereby approves the Conditional Use Permit requested by the Valley Branch �Vatershed District to remove the culvert located at Raleigh Creek and the former 281h Street North. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THE FIFTH DAY OF FEBRUARY, 2013. earson Mayor Adam Bell City Clerk Resolution 20 1 ' :"06 13"911101 PT SE 1/4 OF NE 1/4 COM AT NE COR OF SE 1,/4 OF NE 1/4 THENCE S ALONG SEC LINE A DIST OF 15.1 FT THENCE S 62 DEG 40'W A DIST OF 38.6 FT TO PT OF BEG OF THIS DESCRIPTION THEN S 62 DEG 40'W A DIST OF 159.9 FT THENCE S 17 DEG 20' EAST A DIST OF 56.2 FT THENCE NORTH 62 DEG 21' EAST A DIST OF 150.8 FT THENCE NORTH & PAR TO SD SEC LINE BY 1.5 FT A DIST OF 33.4 FT THENCE NORTH 40 DEG 32'W A DIST OF 27.4 FT TO PT OF BEG ALSO A STRIP OF LAND 33 FT WIDE ALONG NORTH LINE OF LAND HEREBY CONVEYED & EXTENDED EAST TO A PT 1.6.5 FT WEST OF NORTH & SOUTH SEC LINE BETWEEN SEC 21 & 22 WHICH IS HEREBY CONVEYED & RESERVED FOR RD PURPOSES Section 21 Townships 029 Range 021 CITY OF LAKE ELMOa. 1 1 AM 1 - W1111 111111 1111111�� ip�11��Ipp 1111 lippill 11�111�iii . I � I' 0 11''! 1101 111101 12mifts �� 1 11 I 1111M WHEREAS, the grading activity is intended to facilitate the removal of a culvert located at Raleigh Creek and the former 28 th Street North. WHEREAS, the City Engineer issued a report dated January 1/7/201-31' highlighting the City's expectations related to the Raleigh Creek culvert removal project. WHEREAS, the Lake Elmo Planning Commission held a Public Bearing on January 14, 2013, and reviewed and recommended approval of the Conditional Use Permit to allow for grading within a floodway. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby approves the Conditional Use Permit requested by the Valley Branch Watershed District to remove the culvert located at Raleigh Creek and the former 28th Street North. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE EL MO THE FIFTH DAY OF FEBRUARY, 2013. earson Mayor 1dam Bell City Clerk Resolution 201' D-06 T1 1E CITY oF, LAKE Y"LMO MOWN =I. -- SCE RTIFICDTI ON I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a duly authorized meeting thereof held on the 5th day of February 2013, as shown by the minutes of said meeting in my possession. Adam R. Bell City Clerk (Seal) WHEREAS, Christ Lutheran Church, 11194 301 Street North (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a vati ance to split the lot at 3549 Lake Elmo Avenue North into two separate parcels that do not meet the minimum area and lot width requirements of the GB — General Business zoning district; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.017; and WHEREAS, the Lake Elmo Planning Commission held a, public hearing on said matter on January 14, 2013; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated February 5. 2013, and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: Z1_ I) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.017. 2) That all the submission requirements of said Section 154.017 have been met by the Applicant. 3) That the proposed variance is to split the existing lot at 3549 Lake Elmo Avenue North into two separate parcels that do not meet the minimum area and lot width requirements of the GB — General Business zoning, district. The proposed parcels would be 0.42 acres RESOLUTION 2013-07 and 0.27 acres in size, which is under the minimum lot size requirement of 1.5 acres. The proposed parcels would also be 80 and 123.5 feet in length, which is shorter than the minimum requirement of 150 feet. 4) That the Variance will be located on property legally d s i ed as follows: Lots -19 and e crib 40, County Auditor's Plat No. 8, as surveyed and platted and now on file in the Office the Registrar of Titles of Washing irm ton County, Mi esota, being in the Village of Lake Elmo, Minnesota. More commonly known as 3549 Lake Elmo Avenue North, I 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specificfindings: That theproposed use is reasonable because the potential baver of the./ormer Lake Elmo Bank building has stated that they do not have a needfor all qf the parking provided on the site, Between the./ormer bank building and the Christ Lutheran Churchfacility there is an expected amount qf' parking that will be using this property that will not change due to a change in ownership over a portion of the site. N That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specifiefindings: That the applicant's propeq)7 is unique due to the large amount ofparking that exceeds most other off-streetparking lots in the downtown village area of Lake Elmo. The Zoning Ordinance does allow./or waivers ofparking requirements in the GB — General Business District and anyfutu users would need to request such a waiver under if theirparking needs exceeded the amount available. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specfflcfindings: That theproposed lot split will not chJrnge the current use qf the site./or of .ficesandparking. Akypotential impacts associated with a lack qfparking./or tile office uses could be mitigated with a shared parking arrangement that allowed any potential building tenants, to use the parking area outsideqfpeak Church usageperiods. 8) That the proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the publi C' streets or substanti ally diminish or impair property values within the neighborhood, Specifiefindings.- No impacts above and bd those considered normal./or any other business use in the surrounding area would be expected should the variance be granted. Based on the foregoing. the Applicant's application for a Variance is granted. provided the following conditions are met: RESOLUTION 2013-07 I . The Applicant shall execute a shared -parking arrangement with the future owners of the former Lake Elmo Bank Building that will allow any future tenants of this building to use the parking lot to be retained by the Applicant during time periods when the parking lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of the former Lake Elmo Bank - Building. 2. The applicant shall provide for a drainage easement across the storm water infiltration area that collects storm water runoff from both of the parcels to be created by the lot split. Passed and duly adopted this 5h day of February 2013 by the City Council of the City of Lake Elmo, Minnesota, Michael P rson, Mayor ATTEST: Adam. Bell, City Clerk RESOLUTION 2013-07 ---'k Ly/kKE M r" ? ltsrxas"Ets+gto?i CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a duly authorized meeting thereof held on the 5th day of February 2013, as shown by the minutes of said meeting; in my possession, Adam R, Bell '. City Clerk (S)eal) • 9�M# R IN I Wei no 112413 WHEREAS, the City of Lake Elmo adopted an administrative citation program in 2010 to address property maintenance and safety concerns. WHEREAS, the City of Lake Elmo is required to adopt a fee schedule for administrative citations per § 10.99 of the Lake Elmo City Code. NOW, THEREFORE, BE IT RESOLVED the Lake Elmo City Council adopts the fee schedule for administrative citations. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 5TH DAY OF FEBRUARY, 2013. By: Mike Pearson Mayor 'Adam Bell City Clerk RESOLUTION 2013-09;, 1 R1 1 01 i " i IN U bu!j RIKIM41201110111011 , 11weaDJUMIMM A RESOLUTION ADOPTING THE ADMINISTRATIVE CITATION FEE SCHEDULE FOR THE CITY OF LAKE ELMO. WHEREAS, the City of Lake Elmo adopted an administrative citation program in 2010 to address property maintenance and safety concerns. WHEREAS, the City of Lake Elmo is required to adopt a fee schedule for administrative citations per § 10.99 of the Lake Elmo City Code. NOW, THEREFORE, BE IT RESOLVED the Lake Elmo City Council adopts the fee schedule for administrative citations. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 5TH DAY OF FEBRUARY, 2013. By. Mike Pearson Mayor Lys Adam Bell City Clerk RESOLUTION 2013-08 1 4116-2- KJAXIMAJIMMKIM" RESOLUTION NO. 2013-09 A RESOLUTION ADOPTING THE MANUAL FOR ENGINEERING DESIGN AND CONSTRUCTION STANDARDS WHEREAS, the City of Lake Elmo Minnesota has prepared engineering design standarl' standard specifications, and standard details for public infi-astructure within the city; and., I WHEREAS, the city has compiled this information into an Engineering Design and Construction Standards Manual; and, WAEREAS, this Manual will serve as the engineering standards and guidelines for the design and construction requirein ' ents for public infrastructure within the City of Lake Elmo, including streets, sanitary sewer, watermain, storm water facties, right-of-way and boulevard layout; and, WHEREAS, the standards are established to set minimum requirements to be met for all public infrastructure projects in the city in the spirit of promoting consistent infrastructure systems throughout the community; to clearly communicate with the development community these minimum expectations and requirements; and to expedite plan design, preparation and city plan review and approvals; and, WHEREAS, the standards are not intended to be all inclusive and shall be used as a design guide, thereby allowing exceptions to these standards to be considered on a case by case basis when deemed appropriate for a specific application. That the City Council of the City of Lake Elmo shall adopt the Engineering Design and Construction Standards Manual, ADOPTED BY THE LAKE ELM O CITY COUNCIL ON THE NINETEENTH DAY OF FEBRUARY 2013. CITY OF LAKE ELMO By . ..... _��5 '�"Mike Pearson Mayor (Seal) ATTEST: Resolution No. 2013-09 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-069 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-069, an ordinance to add Chapter 115 — Building Contractors; and WHEREAS, Minnesota statutes, section 412.19 1, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No, 08-069 to be published in the official newspaper in lieu of the entire ordinance- The City Council of the City of Lake Elmo has adopted Ordinance No. 08-069, which represents a revision to the City Code, specifically establishing additional licensing requirements for contractors to ensure competency and professionalism in construction activities in Lake Elmo, The adopted additions include: • Specification of what types of work- require contractor licensure • Specification of '\Nrliat types of work require city licensing • Process and requirements for obtaining a contractor license • Suspension and revocation of license procedures • Fees and exemptions from the provisions. The full text of Ordinance No. 08-069 is available for inspection at Lake Elmo city hall during regular business hours. Page I of 2 Resolution 2013 -10 BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a hill copy of the ordinance be placed in a public location within the City. I Mayor Mike Pearson "'0005 10001 10 IRM Adam Bell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof- 57 and the following voted against same: C) 4:1 Whereupon said resolution was declared duly passed and adopted. Page 2 of 2 Resolution 2013- 10 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA I MIN IN N SM IN IS X41 'ANDKI W* WHEREAS, the City of Lake Elmo, Minnesota, under Minnesota State Statutes Chapter 272, 273 and Chapter 489, has the authority to value and assess all real property within its jurisdictional boundaries and, WHEREAS, Minnesota law authorizes political subdivisions to grant property tax abatements for economic development to encourage businesses to locate or expand to all area (Minn. Stat. §§ 469.1819-459.1816) and, WHEREAS,. abatements are available for up to 15-20 years and the total abatement cannot exceed the larger of ten percent (10%) of the net tax capacity or $200,000.00 arid, WHEREAS, Valley Cartage of Hudson, Wl wishes to purchase and relocate to 8665 Hudson Boulevard iii the City of Lake Elmo, Minnesota creating approximately fifty (50) or more jobs providing significant compensation in the area of logistics transportation that will stimulate the local economy and, WHEREAS, the fifty (50) or more jobs include positions in the transportation logistics industry Z.11 that pay between $35,000-$90,000 per year created by 2015 and that are subject to Minnesota state income tax and, WHEREAS, the current assessed market value of 8665 Hudson Boulevard has been placed at $2,125,500 for the last two years and the building is currently built out at approximately the 80% level and, WHEREAS, the purchase price will include non -real property assets and thus will not solely reflect the value of the improvements and land and, WHEREAS, Valley Cartage has requested a limited property tax abatement for the years 2014- 2017 as well as consideration of limited property tax abatement for 2018, and WHEREAS, the City Council finds that the public benefits involved would include. but will not be limited to, general economic development, ultimately increasing the tax base, increasing the number of jobs in the area, and spurring economic activity along the 1-94 corridor and these Z:� benefits would exceed the cost of abating the City portion of property taxes for the years 2014- 2017 arising from any increase in the property value above the current assessed valuation ($2,125,200.00). Resolution No. 2013-11 M That the City Council of the City of Lake Elmo, Minnesota, agrees to abate the increase in the city portion of property taxes paid, excluding fiscal disparities, on parcel 313.029.21.44.0037 as follows: 1. For the purpose of this agreement, "increase in the city portion of property taxes paid, excluding fiscal disparities" specifically excludes any portion of the tax attributable to the area -wide tax under M.S. § 473F from abatement. The amount of tax abatement is calculated as follows for each parcel with an increase in taxable market value for a given year: a. Calculate the base year city tax for the parcel i. Multiply current year class rates by the taxable market value for taxes payable in 2012 ($2,125,200) to determine the total tax capacity. ii. Multiply the total tax capacity by the fiscal disparity percentage for the current year to determine the fiscal disparity portion of the tax capacity. iii. Subtract the fiscal disparity portion of the tax capacity from the total tax capacity to determine the local tax capacity. iv. Multiply the local tax capacity by the city tax rate for the current year to determine the base year city tax. b. Calculate the current year city tax for the parcel i. Multiply current year class rates by the taxable market value for the current year to determine the total tax capacity, ii. Multiply the total tax capacity by the fiscal disparity percentage for the current year to determine the fiscal disparity portion of the tax capacity. iii. Subtract the fiscal disparity portion of the tax capacity from the total tax capacity to determine the local tax capacity. iv. Multiply the local tax capacity by the city tax rate for the current year to c. Subtract the base year city tax from the current year city tax to determine the change in city tax. 3. Notwithstanding any provision to the contrary, no city abatement will be granted if zn the total taxes due on the parcel is less than the total tax amount due for taxes payable in 2012 of $70,256. 4. The maximum duration of the abatement shall be for four years, beginn iing for taxes payable in 2014, except that the City Council will consider an abatement for the year 2018 if requested by the property owner. 5. The maximum annual tax abatement amount shall not exceed $10,000.00 in any year and maximum total abatement for all years for all abating parties shall not exceed $40,000.00, Resolution No. 201-1-11 6. The City of Lake Elmo will make payment of the abatement to the property owner on or before July 30 of each year. No payment will be made after July 30, 2017 or after the total abatement for the four abatement years has been paid. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY 0 FEBRUARY 2013. 1 m. By� Mike Pearson Mayor M 1 0'000"" <da�m Bell. City Clerk Resolution No. 20 1 ' )-I 1 W WA RESOLUTION NO. 2013-12 A RESOLUTION RECEIVING FEASIBILITY REPORT FOR OLSON LAKE TRAIL SANITARY SEWER EXTENSION AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursuant to City Council authorization, adopted on April 3, 2012, a feasibility report has been prepared by FOCUS Engineering, Inc. for the extension of sanitary sewer along Olson Lake Trail from an existing Oakdale lift station and extending approximately 550 feet north to the north property line of 4678 Olson Lake Trail; and this report was received by the council on February 19, 2013; and, WHEREAS, the feasibility report provides information regardmig whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended-. for affected parcels. 1. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of S128,000. 2. A public hearing shall be held on such proposed improvements on the 19th day of March, 2013, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF FEBRUARY 2013. CITY OF �A _.��EELM Mike Pearson Mayor Resolution No. 2013-12 NJAMIX4330 W1,111mhNIN RESOLUTION NO. 2013-13 A RESOLUTION DECLARING COST TO BE ASSESSED AND CALLIN HEARING ON PROPOSED ASSESSMENT FOR OLSON LAKE TRAIL SANITARY SEWER EXTENSION WHEREAS, estimated, project costs have been calculated for the extension of sanitary sewer along Olson Lake Trail from an existing Oakdale lift station and extending approximately 550 feet north so that the total estimated project cost of the improvements will be $128,000; and, WHEREAS, the city will enter into a Joint Powers Agreement with the City of Oakdale to jointly implement the project and share in the project costs; with the Lake Elmo share of the cost being $84,540; and., WHEREAS, the city clerk has -prepared, with the assistance of the city engineer, the proposed J= assessment roll and has filed the proposed assessment in his office for public inspection. 1. The portion of the project cost of the improvement to be assessed against benefitted Lake Elmo property owners is declared to be $74,000 and the remaining portion of the project, in the estimated amount of $10,540 to be paid by the City. 2. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2014, and shall bear interest at the rate of 4.0 percent per annuin from the date of the adoption of the assessment resolution. 3. A hearing shall be held on the 19th day of March, 2013, in the council chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be beard with reference to such assessineitt. 4. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 5. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city clerk-, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. An owner may at any time thereafter, pay to the city clerk the entire amount Resolution No. 201 -' )-1 3 of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF FEBRUARY 2013. CITY OF LAKE ELMO By: Kfike Pearson Mayor Resolution No. 2013 )- 13 "? CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA lui WHEREAS., the City Council of the City of Lake Elmo has adopted Ordinance No. 08-70, an ordinance to the Citys regulations pertaining to Planned Unit Developments (currently Sectio 154.070 through 154.075 of the City Code); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-070 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-070, which replaces the current sections of the City Code pertaining to Planned Unit Development (PULE} Regulations with an amended PULE ordinance, The revised ordinance includes the following significant revisions fi•om the previous ordinance: A new statement concerning the objectives or goals to be included in planiled developments. The incorporation of best practices related to the inclusion of site amenities in planned developments. Creation of a structure and procedure for achieving density bonuses within planned developments in a quantifiable manner. The recoding and reorganization of the PUD Ordinance into the structure of recent amendments to the Zoning Ordinance. The fall text of Ordinance No. 08-70 is available for inspection at Lake Elmo city hall during regular business hours. Resolution 2013 - 14 Pagel of2 Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Mayor MikePearson Adam Bell, City Clerk 9LOq Flj�- and upon vote being taken thereon, the following voted in favor thereof. 4-7 and the following voted against same: 0 Resolution 20 13 - 14 P af)Fe 2 o f 2 V N A1111"KeloL L&W.11 I Wei NUT 1100 W IN W.Al L-W MAT-Cly 1 111.1 a .40 WAI&L" ON I IN 41 al WAEREAS, pursuant a resolution passed by the City Council on the 2nd day of October ' N 1-2, the city engineer, together with TKDA has prepared plans and specifications for the Keats MSA Street and Trunk Watermain Improvements and has presented such plans and specifications to the council for approval; and 1. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the offl paper and in Finance & Commerce an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. AD*PTED BY TAE LAKE ELMO CITY COUNCIL ON THE FIFTH DAY OF MARCH, 2013. 'A V 6103 Is W-11 IN a 81110 By. Mike earson Mayor sm ATTEST: Adam Bell City Clerk SECTION woo — AP"WRTISEMENT FOR BIDS ICI AVENUE VISA STREET A,,.j'.rRLTNK WATERMAIN IMPROVEMENTS CITY PROJECT NO. 2012,129 TKDA PROJECT NO. 15230.000 FOR THE CITY OF LAKE ELMO WASIRNGTON COUNTY, MINNE OSTA Notice, is hereby given that sealed bids will be received, publicly opened, and read aloud by representatives of the City of Lake Elmo, Minnesota, at, City Hall, 3800 Laverne Avenue N,, Lake Elmo, Minnesota 55042, at 2:00 PM '--',T, on Tuesday, April 9, 2013- Bids are For furnishing all work and materials for the construction, complete in place, of Che Feat s Avenue A[-QA Street aral. T'-Unh Watermain Im.1proventents Project, consisting of the major work ,tens;; its the following approximate - Juantities: 19,300 CY Common Excavation (P) 8, 500 CY Select Granular Borrow 7,500 TN Class 5 Aggregate Base 1200 LF Concrete nirb and Cutter 5,000 TN Bituniinous Surfacing 3.50 AC Seeding 5,900 LF 12" DIP CL, 52 Watermain 2.400 LF 12" HDPE Waterinain by 4orizontal Directional Drill 19, 000 LF Street Striping and Sigrang Bid, —ust be submitted on the Bid aorl vided in accordance with the k)nt— . Docunients, Plans and Specifi- !ations as prepared by TX DA which are )n file for inspection in the office of the Aty Clerk and the office of the Design engineer TKDA whose address is 444 _'edar 'street, Sifte 1500, Stint Ford, VEnneseta 55101. Complete digital Bid Forms, Plans, aid Specifications for use by :'ontraCLOI'S submitting a bid are ivailable at =—QuestCRNcoin, )igital plan documents may be, lownloaded for a non-refundable fee of 25.00 by inputting Quest Project, No, �528944 an the website's, Project search )age. Please contact QuestCDN at (952) 23-1632 or infrr@LtuestCDN.com for 'ssistairce in free mernbership egistration, downloading, and working vtth this digital project information, t.ontractors desiring drawings, spechi- ations, and related documents for the ,urpose of submitting a bid may also ecure a digital CD set from the office of lie City y Engineer for a fee of $25.00 for act] set. The fee will not be, refunded, fail az,dem for Plans and Speciftea- ions and or-ders fop- printed pay,)er 'Pans and Slyecifications ivill not be ahen by the City, Bids will only be accepted from britracturs who pta-chase Bidding )ocuments as specified above, No bid will be considered ra-ilcss sealed Ild 51-et with the City y hied; erk prior to th irond above for the closing of the id' i accompanied toy a certified heck, cash, or bid bone.' in .in amount not less than five percent (517,j of the total bid as a guarantee that the bidder, if'.' successful, will enter into a contract with the City to perform the work described in the Bid Form, This deposit will be subject to forfeiture as provided by law, The deposits for the three lowest bidders will be retained by the City until the contract lie-, been awarded and executed but not longer than sixty (60) days. No bid mav be withdrawn for a period of sixty (60) days following the bid opening, The City reserves the right to reject any or all bids, to waive informalities or to award the contract to the lowest responsible bidder, in the best interest of the City, Dated: March 5, 2013 ADAM BELL, City Clerk City of Lake Elino (Published in Finance and ('Cannierce March 15, 20131) 10268694 STATE OF MINNESOTA (SS. COUNTY OF HENNEPIN ) Description: Bids for Lake Elmo RE: Keats Ave VISA Street and Trunk Watermain Irnpro vffaer1r1le Retzack being duly sworn on oath say shelie is and during all times herein stated has been the publisher or the publishers designated agent in charge of the newspaper known as Finance and Commerce and has fitill knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualifications as a legal newspaper, as provided by Minnesota Satute 331A,02, and 331A.07, and other applicable laws, as amended, (B) She/He further states on that the printed Construction 10268694 hereto printed as part as it was printed and published there in the English language; that it was first so published on March 15, 2013 for e -- the subsequent dates of publications being T—Tclows: 3/15/2013 And that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the abcdefsliijldoonopqrtituvwxy7 ibedef',-,Iiiikiiiitiopqrsltivwxyz Z Al, ef —4. Subscribed and Sworn to before me this 15th day of March' 2013 (Notarial Seal) Notary Public, Hennepin County, Minnesota Jug WORNIATION: 1, Lowest classified rate paid by $ 16,0000 commercial users for comparable space: 2, Maximum rate allowed by law for S 0.75805 the above matter: 3, Rate actually charged for the above $ 0.6891 matter: CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013-16 A RESOLUTION ADOPTING THE STANDARD FORM OF DEVELOPMENT AGREEMENT WHEREAS, the City of Lake Elmo, Minnesota has prepared a standard form of development agreement to be used by development applicants' in cases where public infrastructure improvements are needed to serve the development, and WHEREAS, the Standard form of Development Agreement contains provisions regarding the agreement terms, conditions, development rights, time of performance, responsibility for costs, security requirements, forms of security, ownership transfer of public improvenients, and other special provisions. That the City Council of the City of Lake Elmo shall adopt the Standard Form of Development Agreement to specify the content and provisions to be contained within individual development agreements. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTH DAY OF MARCH 2013. Resolution No. 2013-16 1 CITY OF LAKE ELMO M-61- "-# NJENIIN01100 WHEREAS, the City of Lake Elmo has established by city code that certain fee requirements established be brought forth by resolution; and WHEREAS, the cost of services provided escalates and additional/new services require a fee; and WHEREAS, it is appropriate that fees be revised to cover the escalating costs to provide services and to cover additional fees. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THE FIFTH DAY OF MARCH, 2013. 551WHIMS 11 Z'- By: Mike Pears n Mayor mv Adam B& City Clerk CITY OF LAKE EL 0 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-073 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-073, an Ordinance that updates the City's rural district standards and adds a new RT Rural Development Transitional District to the Zoning Ordinance; and I I Le-Nmij M-1 I WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No, 08-073 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-073, which incorporates revised rural districts into the Zoning Ordinance. The ordinance repeals the existing A — Agriculture, RR — Rural Residential, and RE — Residential Estates districts and moves these districts into the new sections; renames the R-1 Single Family District to RS Rural Single Family; and adds a new RT — Rural Development Transitional District to the Zoning Ordinance. The other significant changes are as follows: • The rural districts have been reformatted using the new ordinance numbering and organizational scheme. • The districts are better organized using the urban districts as a guide. • The rural districts now make use of the more complete list of use classifications and definitions previously approved by the City, • The area that must be set aside on individual lots for septic drain fields has been reduced from I acre to 20,000 square feet in order to match the existing standards in RE — Residential Estate districts. Two treatment sites must still be identified on each building site for a primary and secondary system. Please note that the County rules require 10,000 square feet of area (5,000 for each of the primary and secondary sites) for drain fields. • The existing provisions related to cluster subdivisions in A and RR zones have been removed. Resolution No. 20 1-3 - 18 The full text of Ordinance No. 08-073 is available for inspection at Lake Elmo city hall during regular business hours. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF MARCH, 2013. M eA-�da�mBell City Clerk By: Mike Pearson Mayor and upon vote being taken thereon, the following voted in favor thereof Whereupon said resolution was declared duly passed and adopted. 2 Resolution No. 2013-18 11 Ire NIS N 0 -M WHEREAS, pursuant to City Council authorization, a feasibility report was prepared by FOCUS Engineering, Inc., dated February 2013 for the extension of sanitary sewer service along Olson Lake Trail; and WHEREAS, on the 19th day of February 2013, the City Council adopted Resolution 2013-12 receiving the Feasibility Report for the Olson Lake Trail Sanitary Sewer Extension and calling a Hearing on the Improvement to be held on March 19, 2013; and WHEREAS, on the 19th day of February 2013, the City Council also adopted Resolution 2013-13 declaring costs to be assessed and calling Hearing on the proposed Assessment to be held on March 19, 2013; and WHEREAS, staff received a property owner request, subsequent to the adoption of the Feasibility Report, at 4709 Olson Lake Trail to be included in the proposed 2013 Improvement Project and to pay all assessments accordingly, and staff has therefore amended the Feasibility Report to include said property; and WHEREAS, the Amended Feasibility Re -port has been completed by FOCUS Engineering, Inc., dated March 20131, and provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the amended estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels; t. That the City Council will consider the improvements in accordance with the Amended Feasibility Report, dated March 2013, and the assessments of the abutting properties for all or a portion of the cost of the Improvements pursuant to Minnesota Statues, Chapter 429 at an amended estimated total project cost of $141 000. 2. The portion of the project cost of the improvement to be assessed against benefitted Lake Elmo property owners is declared to be $92,500 and the remaining portion of the project, in the estimated amount of $7,130 to be paid by the City. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY • MARCH, 2013. CITY OF LAKE ELMO By. Mike Pearson Mayor mm Boma= am Bell City Clerk Resolution No. 2013-19 0 rn-wil A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE OLSON LAKE TRAIL SANITARY SEWER EXTENSION WHEREAS, pursuant a resolution passed by the City Council on the 19th day of February 2013, the Council ordered a hearing on Improvement for the Olson Lake Trail Sanitary Sewer Extension; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 19th day of March, 2013, at which all persons desiring to be beard were given the opportunity to be heard thereon; and WHEREAS, the amended feasibility report states that the project is necessary, cost-effective, and feasible, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the amended Feasibility Report, dated March 2013. 2. The City Engineer is hereby designated as the engineer for this improvement. The engineer shall oversee the preparation of the Plans and Specifications for the making of such improvements. 3. The City Engineer shall retain the services of a consulting engineering firm to assist, where needed, to prepare Plans and Specifications for the making of such improvement, and to assist the City Engineer during, the construction phase of the improvement as requested. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement form the proceeds of tax exempt bonds, ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF MARCH, 2013. Bv&'��Z;�o Mike Pearson Mayor Em ATTEST: IWO IWIM] Resolution No. 2013-20 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013-21 I Mrs] rins Not me] Wfalkova WHEREAS, pursuant to notice duly given as required by law, the Council has met, heard and passed upon all objections to the proposed assessment for the Olson Lake Trail Sanitary Sewer Extension — 2013 Improvements-, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 1 Such assessment shall be payable in equal annual installments extending over a period of I years, the first of the installments to be payable on or before the first Monday in Janu 2014, and shall bear interest at the rate of 4.00% percent per annum from the date of t adoption of the assessment resolution, To the first installment shall be added interest on t entire assessment from the date of this resolution until December 31, 2013. To eI subsequent installment when due shall be added interest for one year on all unpa installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 30 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE NINETEENTH DAY OF MARCH, 2013. CITY OF LAKE ELMO M Mike Pearson, Mayor ATTEST: *&;n_n 13'e-lIVCity Clerk CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA N iW. W VIAM3 WHEREAS, a petition was received from the owners of real property located in the south half of Section 34, Township 29 North, Range 21 West in the City of Lake Elmo, requesting the extension of trunk watermain and trunk sanitary sewer facilities and that the city assess the cost of the improvements against said properties and hereby agree to pay the entire cost as apportioned by the city; and WHSEAS, Lennar Corporation has entered into a Preliminary Fee Escrow Agreement with the City for the provision of consulting services in connection with the said improvements. 1. A Petition requesting the improvements is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes 429.035, 2. The Preliminary Fee Escrow Agreement for the provision of consulting services in connection with the improvements is hereby approved. 1 The Petition for the proposed extension of trunk watermain and trunk sanitary sewer facility improvements are hereby referred to the City Engineer, together with city's consultants, to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible, whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. 4. In the interest of accelerating the project schedule, the City Engineer, together with city's consultants, shall concurrently prepare plans and specifications for making of such improvements. 5. The Professional Engineering Services Agreement, Task Order No, 1, is hereby approved to retain Bolton and Menk. Inc. to provide engineering support services to the City Engineer in cormection with the improvements. Offilmi (Seal) ATTEST: Adam Bell City Clerk CITY OF LAKE ELMO Mike Pearson Mayor Resolution No. 2013-22 j ORDERING ADVERTISEMENT FOR BIDS FOR THE 2013 a,. y PROJECT WHEREAS, passed February, 2013, FOCUS Engineering, Inc. has prepared plans t specifications for the 2013 Seal Coat Project and has • 1. Such plans and specifications, a copy of which is on file at Lake Elena City Hall and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in _ official paper and in Finance i Commerce an advertisement for bids upon the making such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specifythe work to be done, and shall state that sealed bidsprovided City Clerk prior to the specified t date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake the amount of such bid will be ADOPTEDTHE LAKE ELMO CITY COUNCIL ON THE SECOND AY OF APRIL, 2013. y: Mike Pearson Mayor am Bell ° u City Clerk Resolution No. 2013-23 1 =0 V1 _K11 I I Wei a UT I 1011 U, V_AJJ'k%*J ILS] EV WJ74 ffL#JJaK_1X" MaSAWOL I IR", It a 111k4 X NUT I X 'LIN WHEREAS, the City of Lake Elmo seeks to complete preliminary engineering work to develop a preferred future alignment of a State Highway 36 south frontage road with east -west access to State Highway 36. 1. That pursuant to Minnesota Stat. See. 161.36, the Commissioner of Transportation be • as Agent of the City of Lake Elmo to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. 2. That the Mayor and the City Administrator are hereby autbonized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the ternis and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 03330", a copy of which said agreement was before the City Council and which is made a part hereof by reference. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF APRIL, 2013. By Mike Pearson Mayor M ATTEST: Xdam, Bell _7/ City Clerk Resolution No. 2013-24 1 Ull Clay V Klu all 11001 WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a compilation of background data, • statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, said Comprehensive Plan has been prepared in compliance with Minnesota Statutes section 473.864 that requires local governmental units to review and, if necessary, amend their entire comprehensive plans and Their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with compreliensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, the City of Lake Elmo previously updated the Land Use and Housing chapters in its Comprehensive Plan in 2006 to include plans to extend regional sewer service into two distinct areas within the City; and WHEREAS, the City of Lake Elmo prepared further amendments to its Comprehensive Plan concerning Transportation, Surface Water Management, Water Resources, and Implementation as part of the 2008 decennial review-, and WHEREAS, the City of Lake Elmo has previously committed to • the housing chapter of its Comprehensive Plan as part of any future amendments; and WHEREAS, the City of Lake Elmo completed updates to the Land Use Chapter of the Comprehensive Plan that includes a revised land use plan for the 1-94 Corridor to be served by regional sanitary sewer services; and I 111111P• 141UdMU111*j1N1rd03�K1# 1411MUSIMAITINDIMMMil WHEREAS, the City Council, City Staff, and the Planning Commission have prepared amendments to Chapter Ill — Land Use and Chapter IV — Housing of the Comprehensive Plan intended to meet the requirements of Minnesota Statutes and the Metropolitan Council guidelines, Resolution No. 2013-25 WHEREAS, the City conducted a public hearing on July 23, 2012 relative to the adoption of the Land Use and Housing Comprehensive Plan amendments; and WHEREAS, the City Council has reviewed the Comprehensive Plan amendments and those recommendations, public comments, and comments from neighboring jurisdictions and affected goven-fing bodies; WHEREAS, the Metropolitan Council has reviewed and taken final action on the pi on February 27, 2013 ) and found that the plan meets all Metropolitan Land Planning Act i requirements, conforms to regional systems plans for transportation, water resources management, and Larks, and is compatible with the j2lans of adjacent and affected iun*sdictio NOW THERE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City of Lake Elmo 2030 Comprehensive Plan Land Use and Housing Update is hereby adopted and put into effect. The foregoing resolution, offered by Councilmember and supported by Councilmember J3 L r�& , was declared and carried on the following vote: Ayes: q Nays: — ------ jD- Passed: April 2, 2013 Tay: mm Resolution No. 2013-25 Mike Pearson Mayor KI KIN V W-41 N0 I k1bli 1"RICTURUNi i V F-111% IN *00 Ita-1 IS] '11 Fb �LiWl IM101 4141 1 r, 60111111V I 11-1 "M 111111WINNUM W-6 1 4 Wei 11 K" 9 L1101AINMDA M WHEREAS, pursuant a resolution passed by the city council on the 5th day of February, 2013, the city engineer, together with Advanced Engineering and Environmental Services, Inc. has prepared plans and specifications for Production Well No. 4 and has presented such plans and speccations to the council for approval. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Finance & Commerce an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an arnount not less than 5% of the amount of such bid will be considered. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF APRIL, 2013. CITY OF LAKE ELMO Mike'Pe'drsoh-'O' Mayor M ATTEST: Resolution No. 2013-26 # �� ii � lip I= MKINKUNLY411001 I WHEREAS, the City of Lake Elmo, Minnesota, under Mim'Iesota State Statutes Chapter 272, 273 and Chapter 489, has the authority to value and assess all real property within its jurisdictional boundaries and, WHEREAS, Minnesota law authorizes political subdivisions to grant property tax abatements for economic development to encourage businesses to locate or expand to an area (Minn. Stat. §§ 469.1819-459.1816) and, WHEREAS, abatements are available for up to 15-20 years and the total abatement cannot exceed the larger of ten percent (10%) of the net tax capacity or $200,000.00 and, WHEREAS, Norman James LLC of Woodbury, MN wishes to purchase and relocate to 8665 Hudson Boulevard in the City of Lake Elmo, Minnesota creating approximately fifty (50) or more jobs providing significant compensation in the area of logistics transportation that will stimulate the local economy and, WHEREAS, the fifty (50) or more jobs include positions in the transportation logistics industry that pay between $35,000-$90,000 per year created by 2015 and that are subject to Minnesota state income tax and, WHEREAS, the current assessed market value of 8665 Hudson Boulevard has been placed at $2,125,500 for the last two years and the building is currently built out at approximately the 80% level and, WHEREAS, the purchase price will include non -real property assets and thus will not solely reflect the value of the improvements and land and, WHEREAS, the City Council finds that the public benefits involved would include, but will not be limited to, general economic development, ultimately increasing the tax base, increasing the number of jobs in the area, and spurring economic activity along the 1-94 corridor and these benefits would exceed the cost of abating the City portion of property taxes for the years 2014- 2017 arising from any increase in the property value above the current assessed valuation ($2,125,20UO). Resolution No. 2013-27 That the City Council of the City of Lake Elmo, Minnesota, agrees to abate the increase in the city portion of property taxes paid, excluding fiscal disparities, on parcel 33.029.21.44.0037 as follows: a For the purpose of this aggeement, "increase in the city portion of property taxes paid, excluding fiscal disparities" specifically excludes any portion of the tax attributable to the area -wide tax under M.S. § 473F from abatement. The amount of tax abatement is calculated as follows for each parcel with an increase in taxable market value for a given year: a. Calculate the base year city tax for the parcel i. Multiply current year class rates by the taxable market value for taxes payable in 2012 ($2,125,200) to determine the total tax capacity. ii. Multiply the total tax capacity by the fiscal disparity percentage for the current year to determine the fiscal disparity portion of the tax capacity. iii. Subtract the fiscal disparity portion of the tax capacity from the total tax capacity to determine the local tax capacity. iv. Multiply the local tax capacity by the city tax rate for the current year to b. Calculate the current year city tax for the parcel i. Multiply current year class rates by the taxable market value for the current year to determine the total tax capacity. ii. Multiply the total tax capacity by the fiscal disparity percentage for the current year to determine the fiscal disparity portion of the tax capacity. iii. Subtract the fiscal disparity portion of the tax capacity from the total tax capacity to determine the local tax capacity. iv. Multiply the local tax capacity by the city tax rate for the current year to determine the current year city tax. c. Subtract the base year city tax from the current year city tax to determine the change in city tax. 3. Notwithstanding any provision to the contrary, no city abatement will be granted if the total taxes due on the parcel is less than the total tax amount due for taxes payable in 2012 of $70,256. 4. The maximum duration of the abatement shall be for four years, beginning for taxes payable in 2014, except that the City Council will consider an abatement for the year 2018 if requested by the property owner. 5. The maximum annual tax abatement amount shall not exceed $ 10,000. 00 in any year and maximum total abatement for all years for all abating parties shall not exceed $40,000.00. I 6. The City of Lake Elmo will make payment of the abatement to the property owner on or before July 30 of each year. No payment will be made after July 30, 2017 or after the total abatement for the four abatement years has been paid. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF APRIL 2013. WYKIIIINIE11 Wzym BkeP Mayor =I Adam Bell City Clerk 3 Resolution No. 2013-27 0 ANARM M-11111001 MIMI I'll"Immill"M WHEREAS, the residents of the city of Lake Elmo place a high value on respect and civility in their lives and they understand that these characteristics are essential to any healthy community; and VMEREAS, the Lake Elmo City Council supports opportunities for civil discourse and discussion in the community and at City Hall; and WHEREAS, the city council sometimes addresses controversial issues about which people often feel passionately, which at times leads to uncivil behavior; and WHEREAS, an atmosphere of incivility and disrespect can have a damaging effect on the proceedings, on the quality of debate, and on the practice of democracy itself, LIICILL W III III V • 11101CaSoill Tv, 7, v -I Wiscol.7-se in orN777=17MiTive rosTiuTions to Me 177f face our city. These • include: (a) Pay attention; (b) Listen; (c) Be inclusive; (d) Do not gossip; (e) Show respect; (f) Be agreeable; (g) Apologize; (h) Give constructive criticism; (i) Take responsibility. BE IT FURTHER RESOLVED, that the Lake Elmo City Council shall promote the use and adherence • these tools in conducting the business of the council. Adam Bell 11 CITY OF LAKE ELMO Mi ears Mayor # Resolution No. 2013-28 Eel 0 LIK-11103001100 BE IT RESOLVED that the city of Lake Elmo act as the legal sponsor for pr ject(s) contained 0j in the Local Government Information Form to be submitted on or about April 17, 2013, and that Beckie Gumatz and Dean Zuleger are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Lake BE IT FURTHER RESOLVED that the City of Lake Elmo has not incurred any costs and has oot entered into any written agreements to purchase property, BE IT FURTHER RESOLVED that the City of Lake Elmo has not violated any Federal, Stat or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or oth unlawful or corrupt practice, I BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Lake Elmo may enter into an agreement with the State of Minnesota for the above -referenced 5a( � and that the City of Lake Elmo regulations as stated in all contract agreentents and described on the Compliance Section of the Local Government Information Form. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Lake Elmo has obtained credit reports and credit information from Valley Cartage Group Inc. and Jeffrey Buelow, its CFO/CIO. Upon review by the City of Lake Elmo and Applicant's Legal Counsel, no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. Resolution No. 2013-29 NOW, THEREFORE BE IT RESOLVED that Beckie Gumatz and Dean Zuleger, or the successors in office, are hereby authorized to execute such agreements, and amendments theret as are necessary to implement the project(s) on behalf of the applicant. I ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY 0 APRIL 2013. 1 CITY OF LAKE ELMO By: a of Mayor dam Bell City Clerk 2 Resolution No. 2013-29 Ny V11 V ot 11 Oki I 10ML01 A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR THE KEATS MSA STREET AND TRUNK WATERMAIN IMPROVEMENTI WHEREAS, pursuant to an advertisement for bids for the Keats MA Street and Trunk Waterinain Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, T.A. Schifsky and Sons, Inc., in the amount of $1,606,833.47. NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF APRIL, 2013. =I ATTEST: Adam Bell City Clerk CITY OF LAKE ELMO By: d ike Mayor Resolution No. 20 1' )-30 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA WHEREAS, Oakdale and Lake Elmo desire to construct the Olson Lake Trail Sanitary Sewer Project in accordance with the recommendations outlined in the Amended Feasibility Report dated March, 2013; and WHEREAS, the Project will benefit properties in both cities, with five properties located in the City of Lake Elmo; and WHEREAS, upon completion of the Project, Oakdale will own, operate, and maintain the 8-inch sanitary sewer line. 1. That the Mayor and City Administrator are hereby authorized and directed to enter into a Joint Powers Agreement between the City of Oakdale and City of Lake Elmo to facilitate the design and construction of the Olson Lake Trail Sanitary Sewer Improvement Project. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE SEVENTH DAY OF MAY, 2013. M ATTEST:,.,,, ♦ CITY OF LA LM By: Mike Pearson Mayor Resolution No. 2013-33 1 x 1' � � t ) M �, � a a a • � ' Im X xuv I No mm R till F * Y x M t WHEREAS,and Oa_intoAgreement extendedpursuant to which sanitary sewer service will be properties' Trail both in Lake Elmo 4 ra:, WHEREAS, the sanitary sewer is an extension of an existing sanitary sewer line in Oakdale and it is therefore agreed that the new sewer Line will become a part of akdale's sanitary sewer system; and WHEREAS,Oakdale properties Properties("Properties") to be connected to Oakdale's sanitary sewer services and that Oakdale provide those WHEREAS, Oakdale has agreed to allow the Properties to be connected to its sanitary sewer system and to provide ongoing sanitary sewer services to the Properties, pursuant to the terms and conditions of the Agreement. 1. That the City Council approves the Sanitary Sewer Services Agreement with the City of Oakdale for Lake Elmo properties that abut Olson Lake Trail. 2. That the Mayor and City Administrator are hereby authorized and directed to execute said agreement. ADOPTED LAKE ELMO CITY COUNCIL ON THE SEVENTH DAY OF MAY, 2013. ATTEST: am Be City Clerk Resolution No. 2013-34 1 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-0-Im BY TITLE AND SUMMARY I -V I LVV l'i kJ. V It f ordinance to the City's regulations pertaining to tree preservation measures in cases of development and major grading; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk sliall cause the following summary of Ordinance No. 08-077 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-077, which requires certain measures of tree preservation within development and major grading activities, including the following: • Property owners or applicants engaging in development, subdivision or major grading activities roust submit a Tree Preservation Plan; • Property owners or applicants are allowed to remove up to 30% of the diameter inches of When tree replacement is required, property owners or applicants must follow the Tree Replacement Schedule to calculate the required amount of replacement trees. The fall text of Ordinance No. 08-077 is available for inspection at Lake Elmo city hall during regular business hours. Resolution No. 2013-35 BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City • keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Adam. Bell City Clerk • at.oyea' and upon vote being taken thereon, the following voted in favor thereof 2 Resolution No. 2013-35 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-078 BY TITLE AND SUMMARY 0 a K4 111 is IT 0012 1=1 ITIVE 1 &23 11111110010M vr..sivii#Mux WHEREAS, the City Council believes that the following summary would clearly inforin the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-078 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has • Ordinance No. 08-078, which replaces the current sections of the City Code pertaining to • Parking and Loading. The revised ordinance includes the following revisions from the previous ordinance: The inclusion of new parking standards related to location, design and maintenance of parking areas; 9 Establishment of required parking quantities for all use classifications in the Lake Elmo * Establishment of a required number of loading births per the square footage of a facility. The full text of Ordinance No. 08-078 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER • by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a fall copy of the ordinance be placed in a public location within the City. Resolution No. 2013-36 Aram —Bell City Clerk J%emt-- and upon vote being taken thereon, the following voted in favor thereof 5 2 Resolution No. 2013-36 CITY OF LAKE ELMO LT ,,11 690100MISIM, W- EMU MAIRA um EK910 I N N a as I X010 LVA N N MAIO, WHEREAS, the City of Lake Elmo ("City") has established a Comprehensive Plan that provides a compilation of background data, policy statenients, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, The City has received a request from the City of Oakdale to consider paiticipating in a joint project that would extend sanitary sewer service to a limited number of properties along Olson Lake Trail that are currently on private treatment systems; and WHEREAS, based on feedback from residents along Olson Lake Trail that would benefit from an extension of sewer from the City of Oakdale, City has agreed to participate in a joint project to extend sewer to a limited number of residences in Lake Elmo, and WHEREAS, this area was not previously identified by the City as a future sewer service area and the City has therefore prepared an amendment to Chapter VI of the Lake Elmo Comprehensive Plan (Wastewater Facilities) in order to revise the Metropolitan Urban Service ea (MUSA) for the City to include homes along Olson Lake Trail that may be served by an extension of sewer service from the City of Oakdale in the future; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on April 22,2013 to consider the request to amend the Comprehensive Plan; and WHEREAS, on April 22, 2013 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the request to amend the Comprehensive Plan; and WHEREAS, the City Council reviewed the recommendation of the Planning Commissi and the proposed amendment to the Comprehensive Plan at its May 7, 2013 meeting. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the Comprehensive Plan amendment would revise Chapter VI — Wast",,ater Facifitie of the Lake Elmo Comprehensive Plan to expand the City's MUSA boundary arid to -. I Resolution No. 201' :�-37 a portion of the residential lots along Olson Lake Trail that will be connected to municipal sanitary sewer service in the future. Said Comprehensive Plan Amendment includes a map of the properties to be served. 2) That the City has conducted a feasibility study that documents it is reasonable and cost- effective for the City to provide sanitary sewer service to the identified properties along Olson Lake Trail. NOW, •' BE IT RESOLVED, that based on the foregoing, the Lake Elm City Council hereby approves an amendment to Chapter V1 — Wastewater Facilities of Lake El Comprehensive Plan to serve a limited number of residential lots .• Olson Lake Trail with public sanitary sewer service, subject to and contingent upon the following: I 1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that its review has been completed and approved. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTH DAY OF MAY, 2013. CITY OF LA MO By: Mike Pearson Mayor A am Bell City Clerk N Resolution No. 2013-3 7 M-1 NUNN N I Z.11 V W01 = 0 11 0N I 0N I WHEREAS, LAKE ELMO and MAPLEWOOD provide engineering and technical support services for their communities; and WHEREAS, LAKE ELMO has a need for construction observation support services for the Keats MA Street and Trunk Watermain Improvement Project and for other projects from time to time; and WHEREAS, MAPLEWOOD has Engineering support staff and other technical employees that are able to provide the services required by LAKE ELMO; and WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into Joint Powers Agreements for the joint exercise of powers common to each, and also authorizes one of the parties to an agreement to exercise powers on behalf of another party. 1. That the City Council approves the Joint Powers Agreement with the City of Maplewood. 2. That the Mayor and City Administrator are hereby authorized and directed to execute said agreement. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTH DAY OF MAY, 2013. M 'Adam Bell City Clerk - Resolution No. 2013-38 1 A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR PRODUCTION WELL NO. 4 WHEREAS, pursuant to an advertisement for bids for Production Well No. 4, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Keys Well Dnilling Company, in the amount of $304,800.00. 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY-FIRST DAY OF MAY, 2013. ATTEST: Adam Bell City Clerk Resolution No. 2013-391. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION ACCEPTING THE BIDS AND AWARDIN A CONTRACT FOR THE 2013 SEAL COAT PROJECT I WHEREAS, pursuant to an advertisement for bids for the 2013 Seal Coat Project, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Pearson Brothers, Inc., in the amount of $203,252.00. NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE TWENTY-FIRST DAY OF MAY, 2013. M ATTEST: Adam � City Clerk Resolution No, 2013-40 P-11 COY OF LAKE ELMO By: ikc. P Mayor CITY OF LAKE ELMO 1fi LW2kkT&�,, • A RESOLUTION SUPPORTING A REQUEST BY THE MINNEAPOLIS ROWING CLUB TO HOST THE 110th NORTH WESTERN INTERNATIONAL ROWING ASSOCIATION CHAMPIONSHIP REGATTA ON LAKE ELMO ON AUGUST 3 AND 4,2013. WHEREAS, the Minneapolis ► Club is seeking support from the City of Lake Elmo to host the I I Oth Annual Northwestern International Rowing Association (NWIRA) Championship Regatta on Lake Elmo from August 3 through August 4, 2013 - and WHEREAS, Lake Elmo's namesake lake has been chosen as the site for the two- day championship rowing competition; WHEREAS, Lake Elmo fully supports the efforts of the Minneapolis Rowing Club and welcomes the opportunity to be a host city to this international event for the third time in its history. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: I. That the Minneapolis Rowing Club will need to obtain a Water Surface Use Permit from the Washington County Sheriffs Office in order to conduct a Regatta on the waters of Lake Elmo. 2. That the application for water surface use will include the following components: a. The Minneapolis Rowing Club will receive the sanctioning of the US Rowing Association, the sport's national governing body to host the regatta, and will need to demonstrate adequate insurance to cover the standard liability issues as part of the permit request, 3. During the rowing competition on Lake Elmo, the Minneapolis Rowing Club has requested that residential boat traffic follow the No Wake rule. The dates and times are as follows: August 2 from 7 AM to 7 PM for event set up, and August 3-4 from 7 AM to 7 PM. 4. The City Council defers to the Washington County Sheriff for the placement of any and all buoys, floating starting platforms, and pontoon boats in the water as part of approval of the Water Surface Use Permit. 5. Upon event approval by the Washington County Sheriff., enforcement of Lake Elmo City 11 Code Chapter 97, and all other laws and regulations, is assigned to the Washington County Sheriff's Department pursuant to City Code § 97.24. 6. The Minneapolis Rowing Club will encourage all spectators, officials, rowers, coaches, and others to refrain from parking on residential streets in close proximity to Lake Elmo and on County Road 17. This plan will protect the property and privacy of the City's residents, and to prevent spectators from parking along city streets and entering the Park from the north end. 7. The Minneapolis Rowing Club will request that Washington County close the public access boat ramp in the Lake Elmo Park Preserve from normal motorized traffic during the event. This closure will allow the regatta to be conducted in a safe and manageable fashion. 8. The City of Lake Elmo does not require a special event permit to conduct a rowing event that takes place on a public water body within the City, NOW THEREFORE, BE IT ► RESOLVED that the City of Lake Elmo supports the application by the Minneapolis Rowing Club to host the I I Oth North Western International Rowing Association Championship Regatta on Lake Elmo on August 3 and August 4, 2013. Passed and duly adopted this 21 st day of May, 2013, by the City Council of the City of Lake Elmo, Minnesota. A am R. Be 1, City Clerk 0 MiJ4�ear CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA I A RESOLUTION • MUNICIPAL STATE AID STREETS WHEREAS, the City of Lake Elmo has reviewed the City's Municipal State Aid Street System and has identified system revisions needed to better align with the policies and goals of the City's future growth and development and Comprehensive Transportation Plan; and WHEREAS, based on these recommendations, it appears to the Lake Elmo City Council that the streets hereinafter described as Municipal State Aid Streets under the provisions of Minnesota Laws, are no longer good candidates for designation as state aid routes. That the streets described as follows, to wit: MSA NUMBER STREET NAME 206-102-010 LAKE JANE TRAIL N 206-102-020 42 NI STREET N 206-109-010 3 IT STREET N 206-111-005 KIMBRO AVE N/50T'ST N 206-118-010 VILLAGE PARKWAY 206-117-010 TH 36 FRONTAGE ROAD IDEAL AVENUE N (CSAH 13) LAKE JANE TRAIL N STILLWATER BLVD N (CSAH 6) 47 TI STREET N TRUNK HIGHWAY 5 KEATS AVENUE N TO 42" STREET N JAMACA AVENUE N TRUNK HIGHWAY 5 LAKE ELMO AVENUE N (CSAH 17) WH STREET N LAKE ELMO AVENUE N (CSAH 171 be, and hereby are, revoked as a Municipal State Aid Street of the City of Lake Elmo subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the Citi Clerk is herebLl aighiTrz, ulMssioller Of I I alugamarginvilm I IN WIM" I Ima if Ev Of I ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY-FIRST DAY OF MAY, 2013. M [on= 7� m Bell.' City Clerk CITY 0 ELM By: Mike Pearson Mayor Resolution No. 2013-42 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, the City of Lake Elmo has reviewed the City's Municipal State Aid Street System and has identified system revisions needed to better align with the policies and goals of the City-'s future growth and development and Comprehensive Transportation Plan; and WHEREAS, based on these recommendations, it appears to the Lake Elmo City council that the streets hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Law. That the streets described as follows, to wit: STREET NAME FROM TO HUDSON BOULEVARD INWOOD AVENUE N (CSAH 13) KEATS AVENUE N (CSAH 19) HUDSON BOULEVARD KEATS AVENUE N (CSAH 19) LAKE ELMO AVENUE N (CSAH 17) HUDSON BOULEVARD LAKE ELMO AVENUE N (CSAH 17) MANNING AVENUE N (CSAH 15) UPPER 33RD ST N / LAVERNE AVE N LAKE ELMO AVENUE N (CSAH 17) 39TH STREET be, and hereby are, established, located, and designated a Municipal State Aid Street of the City of Lake Elmo subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and upon approval of the designation of said roads or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Lake Elmo, to be numbered and known as (to be provide by the Office of State Aid). ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY-FIRST DAY OF MAY, 2013. CITY OF LMO By: 'M (Seal) Mike Pearson Mayor ATTEST: am f3e11 City Clerk • CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA t*T AVA11NANCE ♦ BY TITLE AND SUMMARY WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following surnmary of Ordinance No. 08-080 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-080, which includes specific development standards for several use classifications in the Lake Elmo Zoning Code, as well as replaces the current sections of the City Code pertaining to Service Stations and Drive -In Business. The new ordinance includes specific development standards for the following use classifications: Group Home, Group Residential Facility, Congregate Housing, Semi -Transient Accommodations, Educational Services, Medical Facilities, Nursing and Personal Care, Self - Service Storage Facility, Restaurant with Drive -Through, Drinkin., and Entertainment, Car Wash, Gasoline Station, Sales and Storage Lots, Golf Course, Outdoor Entertainment, Restricted Recreation, Outdoor Recreation Facility, Indoor Athletic Facility, Indoor Recreation, Bed and Breakfast, Drive -Though Facility, and Solar Energy Systems. The full text of Ordinance No. 08-080 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City • keep a copy of the ordinance at Cite Hall LL�jcublic in e orainance be placed in a public location within the City. Resolution No. 2013-44 Dated: May 21, 2013. Adam Bell City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against same: C) Whereupon said resolution was declared duly passed and adopted. Resolution No. 2013-44 2 # A RESOLUTION AUTHORIZING EXECUTION OF A REVISED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAKE ELMO AND THE METROPOLITAN COUNCIL REGARDING DEVELOPMENT STAGING AND WASTEWATER INEFFICIENCY FEES WHEREAS, in February 1997 the Metropolitan. Council submitted to the City of Lake Elmo a system statement that advised the City of the Metropolitan Council's recently adopted policy planning documents and metropolitan system plans and identified Population projections and other planning elements the City should incorporate into its plan as the City fulfilled its 2008 decennial review obligations under section 473.864 of the Metropolitan Land Planning Act; and WHEREAS, in September 2002, the Metropolitan Council found that the proposed plan update submitted by the City may substantially depart from and may have a substantial impact on metropolitan system plans, and subsequently required the City to modify its proposes plan update to ensure the City's proposed plan update did not have a substantial impact- on or contain a substantial departure from metropolitan system plans; and WHEREAS, the City appealed the Metropolitan Council's "final decision" to the Minnesota Court of Appeals and ultimately the Minnesota Supreme Court; and WHEREAS, in August 2004, the Minnesota Supreme Court concluded the Metropolitan Council has the statutory authority to require modifications to the City's proposed plan update and affirmed the Metropolitan Council's "final decision"; and WHEREAS, in January 2005, the Mayor of Lake Elmo and the Chair of the Metropolitan Council signed a Memorandum of Understanding, subsequently ratified by their respective governing bodies, that outlined certain criteria for guiding the City and the Metropolitan, Council as the City modified its guiding proposed plan update to ensure conformity with metropolitan system plans; and WHEREAS, in June 2005, the City requested the Metropolitan Council to allow the City additional time within which to submit its updated comprehensive plan to the Metropolitan Council; and WHEREAS, on July 27, 2005 the Metropolitan Council granted the City's extension request when it adopted Council Resolution No. 2005-20, but the Council deemed it appropriate and necessary to attach certain conditions and requirements to the time extension to ensure the Memorandum of Understanding is successfully implemented over time and ensure costly regional infrastructure is used effectively and efficiently; and WHEREAS, Paragraph 3(i) of Council Resolution No. 2005-20 establishes certain population, household and residential equivalent unit (REC) levels the City is required to meet beginning in 2010 and extending through 2030; and WHERE AS, Paragraph 3(i)(0) of Council Resolution No. 2005-20 requires the City to pay the Metropolitan Council by January 31, 2011 a "wastewater inefficiency fee" (WIF) if the City does not meet its REC commitments in the 2007 to 2010 timeframe; and WHEREAS, the WIF is intended to help pay the operation, maintenance, and capital costs of underutilized regional wastewater infrastructure and the costs of providing regional sewer service for development elsewhere in the region that would have occurred within the City; and WHEREAS, the City requested temporary relief from the WIF payment due in January 2011 because the prolonged downturn of the economy has made it difficult for the City to meet its population, household and REC commitments for the 2007 to 2010 timeframe; and WHEREAS, on March 4, 2010 the Metropolitan Council adopted Council Resolution No. 2010- 08 and agreed to provide the City with the requested relief, and WHEREAS, the City authorized execution of an amended Memorandum of Understanding at its November 16, 2010 meeting acknowledging the City's continuing agreement to comply with the requirements of and conditions of Stated in Resolution 2005-20,- and WHEREAS, the City prepared an amendment to its Comprehensive Plan that was reviewed by the Metropolitan Council at its February 27, 2013 meeting; and WHEREAS, said Comprehensive Plan amendment reflects the City's efforts to plan consistent with the Memorandum of Understanding as amended and included revised population, household, and sewer staging forecasts consistent with the relief authorized under Metropolitan Council Resolution No. 2010-08,- and WHEREAS, the Metropolitan Council authorized the City to place the Comprehensive Plan amendment into effect at its February 27, 2013 meeting-, and WHEREAS, the Metropolitan Council additionally adopted Resolution No. 2013-01 at it February 27, 2013 meeting, which modified and clarified the scope and nature of the Memorandum of Understanding to address planning issues brought out by the City's Comprehensive Plan amendment an to specifically reflect a revised schedule for development through 2030; and WHEREAS, the modification/clarification made by Resolution No. 2013-01 is effective on the date the Metropolitan Council and the City enter into a binding agreement under which the City acknowledges the modification/clarification and states its continuing agreement to comply with the requirements and conditions stated in previous Council resolutions and the Memoranda of Understanding entered into by the Metropolitan Council and the City; and WHEREAS, as the Metropolitan Council updates its metropolitan development guide it will examine forecasted growth through 2040 and continue a dialogue with the City regarding long-term forecasted growth and pace of growth for the City; and WHEREAS; It is the City's expectation that periodic, discussions will continue with the Met Council regarding the status of economic activity in order to continue to consider potential future adjustments to the MOU in the following areas: 1) the potential for the City to propose alternative C fees), 2) the overall number of mandated REC units that are appropriate based o considerations (in lieu f e emat RE the current and anticipated market demand for housing and commercial development, 3) the potential to evaluate the long term viability of the current scope and pace of mandated development, and in particular to extend the scope of the agreement out to 2040 given current and anticipated economic conditions, the 2010 census report, and any 2014 framework evaluations conducted by the State Legislature and/or the 2 Met Council, and 4) that the calculation method for extending the WIF assessment is a reasonable reflection of the economic conditions so as not to expose the City '� to undue risk or liability of paying the WIF fees, NOW THEREFORE, -BE IT RESOLVED: that the City Council of the City of Lake Elmo hereby agrees to amend the Memorandum of Understanding Metropolitan between the City and the M Council and authorizes execution of the revised Memorandum of e etro an Exhibit "A". Understanding attached hereto as Passed and duly adopted this 21" day of May 2013 by the City Council of the City of Lake Elmo, Minnesota. CITY OF LAKE ELMO M I Bye '4 ikeon Mayor A RESOLUTION APPR 0 VING A MINOR SuBDI1,,JSj0,V FOR CHRIST I UTHERAN CHUR CH — 3-549 LAKE ELMO A VE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing Linder the laws of the State of Minnesota; and I I - - Nummm IMU1011 TO Me Ulty ot Lake Elmo (City) for a Minor Subdivision to split an existing parcel located at 3549 Lake Elmo Avenue (PID 13-029-21.23,0053) into two separate parcels in accordance with the certificate of survey dated November 20, 2012 signed by Michael Cannon, License #40035, a copy of which is on file in the City of Lake Elmo 1.. and Zoning Department; and WHEREAS, the Lake Elmo Planning Department has reviewed the Minor Subdivision request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and WHEREAS, the Lake Elmo Board of Adjustments and Appeals approved a variance request by the applicant to create two lots that do not meet the minimum lot size and minimum street frontage requirements of the Lake Elmo Zoning Ordinance on February 5, 2013; and WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Minor Subdivision at a meeting held on May 29, 2013; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Minor Subdivision as part of a memorandum to the City Council from Planning Director Kyle Klatt for the June 4, 2013 Council Meeting; and WHEREAS, the City Council reviewed the Applicant's Minor Subdivision request at a meeting held on June 4, 2013. NOW, THEREFORE BE IT RESOLVED, that based on the testimony elicited and information received, the City Council of the City of Lake Elmo hereby approves the request by Christ Lutheran Church for a Minor Subdivision, provided the following conditions are met: 1. The Applicant shall execute and record a shared parking easement in a form acceptable the City Attorney prior to the transfer of either "Tract A" or "Tract B" to another party. This easement shall allow any future tenants of the building on Tract A to use the parking Resolution No. 2013-46 lot on Tract B during time periods when this lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of Tract A. 2. The Applicant shall execute and record a drainage and utility easement across the story water infiltration area in a form acceptable the City Attorney prior to the transfer of either "Tract A" or "Tract B" to another party. Passed and duly adopted this 4 th day of June 2013 by the City Council of the City of Lake Elmo, Minnesota. Mik4ars Adam Bell, City Clerk Resolution No. 2013-46 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE LAKE ELMO AVENUE SEWER INFRASTRUCTURE IMPROVEMENTS.- 1-94 TO 30TH STREET WHEREAS, pursuant a resolution passed by the city council on the 19th day of March, 2013, the city engineer, together with TKDA has prepared plans and specifications for the Lake Elmo Avenue Infrastructure Improvements from 1-94 to 30' Street and has presented such plans and specifications to the council for approval. NOW, THEREFORE, BE IT RESOLVED, I. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Finance & Commerce an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE EIGHTEENTH DAY OF JUNE, 2013. (Seal) Resolution No. 2013-47 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF INNS TA ORDINANCE 08-082 BY TITL W'rb AND SUMMARY WHEREAS, the City Council Of the City of Lake Elmo has adopted Ordinance No 0 -0 2, an ordinance to the City's regulations pertaining to Sig inmage Regulations; and - 8 8 WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case Of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW!P THEREFORE, BE IT RESOLVED by the City Council of the City of Lake El m that the City Clerk shall cause the following summary of Ordinance No. 08-082 to be published inj the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-082, which replaces the current sections of the City Code pertaining to Signage Regulations: The revised o in cc following revisions from the previous ordinance: includes the f gu rd an The establishment of different procedural and administrative elements of addressing signage in the community • The inclusion of basic design considerations for signage in the community. • The establishment of standards related to location of signage to ensure safe and reasonable use of signage; and The establishment of different allowances for signage types and sizes according to location of signage and applicable land use or zoning; The full text of Ordinance No. 08-082 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Resolution No. 2013-48 Page 1 of 2 MayorMi ePear —Z�A,u n Adam Bell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member —AISO 011 and upon vote being taken thereon, the following voted in favor thereof - and the following voted against same: 0 Whereupon said resolution was declared duly passed and adopted, Resolution No. 2013-48 Page 2 of 2 I CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-085 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-085, an ordinance replacing the administrative provisions of the City's Zoning Code; and WHEREAS, Minnesota Statutes. section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elm that the City Clerk shall cause the following summary of Ordinance No. 08-085 to be published in the official newspaper in lieu of the entire ordinance: I Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-085, which replaces the administrative provisions of the City's Zoning Code. The revised ordinance includes the following components: • Identifies the City Staff that are responsible for issuing pen -nits, enforcing the code, keeping records, processing applications and performing other administrative duties. • Outlines the application and review process with a unified list of application submittal requirements. • Establishes unified standards and procedures for the public hearing process. • Identifies and describes all of the pen -nits that are required by the Zoning Code. Staff is recommending a new permit category called "Certificate of Zoning Compliance" to regulate uses that are not subject to requirements of the State Building Code, such as fences, driveways, small accessory structures, home occupations, among others. • Outlines all of the enforcement procedures as part of administering the Code. • Finally, the Ordinance includes a placcholder for design review for when the City formally adopts some form of architectural design guidelines or standards. The full text of Ordinance No. 08-085 is available for inspection at Lake Elmo city hall during regular business hours. Resolution No. 2011-51 Page I of 2 BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: July 2, 2013 ATTEST.- Mike Pearson, Mayor Adam Bell, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member -AIK�O� and upon vote being taken thereon, the following voted in favor thereof and the following voted against same: ITA j Whereupon said resolution was declared duly passed and adopted. Resolution No. 2013-51 Page 2 oft STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO A RESOLUTION APPROVING THE SAVONA PROJECT ENVIRONMENTA ASSESSMENT WORKSHEET (EAW) AND FINDING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) I WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, under Minnesota Rules Part 4410.1100 Subp 6. (EAW Decision) the City of Lake Elmo ordered the preparation of an EAW for the Savona residential subdivision. WHEREAS, on April 3, 2013, an EAW was completed for the Savona Project, which is designed to include 190 single-family lots, and 122 multi -family lots; and WHEREAS, beginning on April 22, 2013, copies of the EAW were distributed to all persons and agencies on the official Environmental Quality Board (EQB) mailing list and other interested parties; and WHEREAS, on April 29, 2013, the EAW was publicly noticed in the EQB Monitor, commencing the 30-day public comment period; and WHEREAS, on April 22,103, a press release was submitted for publication in the Oakdale/Lake Elmo Review newspaper to announce the completion of the EAW, its availability to interested parties, and the process for submitting comments on the EAW, and WHEREAS, the 30-day comment period ended on May 29, 2013 at 4:30 p.m., and WHEREAS, the City of Lake Elmo accepted and responded to all written comments received. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: 1) The EAW was prepared, published, and distributed in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410. 1000 to 4410.1700 (1997), 1 esolution No. 20131-531 R 2) The EAW, combined with the supplemental information contained in the Response to Comments, satisfactorily addressed all the issues raised and comments received for which existing information could have been reasonably obtained, and further investigation is therefore not required. 3) Based on the criteria established in Minnesota Rules Part 4410.1700, the project does not have the potential for significant environmental effects. 4) City of Lake Elmo makes a "Negative Declaration" on the need for an EIS. 5) The City of Lake Elmo City Council adopts a. "Negative Declaration". 6) An EIS is not required, and 7) The City of Lake Elmo shall maintain a Record of Decision, including the Response to Comments • the EAW, and will notify in writing within five days, all persons on the EAW distribution list, all persons who commented'in writing during the 30-day comment period, and any other person upon written request. City of Lake Elmo will also send notice of this decision to the project proposer and the •: Passed and duly adopted on this 2"d day of July 2013 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearso May Adam Bell, City Clerk� The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof, L37 and the following voted against same: 0 Whereupon said resolution was declared duly passed and adopted. Resolution No. 2013-53 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION APPROVING AGREEMENT NO. 04109 WITH THE MINNESOTA DEPARTMENT OF TRANSPORATION FOR THE MAINTENANCE OF THE TRUNK HIGHWAY 5 PEDESTRIAN REFUGE ISLAND AND CROSSWALK (S.P. 8214-163) WHEREAS, the State and City are authorized to enter into this agreement pursuant to Minnesota Statutes Sections 161.20, and 161.38; and WHEREAS, the parties are entering into this Agreement to set forth responsibility for the routine maintenance of the Pedestrian Refuge island and Crosswalk. NOW, THEREFORE, IT IS HEREBY RESOLVED, I . That the City of Lake Elmo enter into MnDOT Agreement No. 04109 with the State of Minnesota, Department of Transportation, to provide for the proper maintenance of the Pedestrian Refuge Island and Crosswalk within the corporate limits of the City of Lake Elmo on Trunk Highway 5 upon the terms and conditions set forth in the Agreement; and 2. That the Mayor and City Administrator are authorized to execute the Agreement. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE SIXTEENTH DAY OF JULY 2013. M op '0-000' am Bell 7- City Clerk CITY OF L ELMO By: Mike Pearson Mayor CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA A RESOLUTION ACCEPTING RESIGNATION AND DECLARING A VACANCY WHEREAS, Mayor Mike Pearson, Lake Elmo City Council, and City Staff received written notice of Council Member Nicole Park's resignation on June 18, 2013; and WHEREAS, Council Member Nicole Park's letter indicates that her resignation will be effective on July 16, 2013. —SOLVED that the Lake Elmo City Council hereby accepts the resignation of Council Member Nicole Park and declares a vacancy in the council seat held by Council Member Nicole Park, effective on July 16, 2013 ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF JULY 2013. M Adam Bell RESOLUTION 2013-55 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA A RESOLUTION APPOINTING COUNCIL MEMBER TO FILL VACANCY WHEREAS, Nicole Park was duly elected to the office of Council Member, for the period of January 3, 2011 to January 5, 2015; and and WHEREAS, Council Member Nicole Park resigned from the Council on June 18, 2013; WHEREAS, a vacancy exists on the Council, and Minnesota State Law requires the position be filled in a timely manner; and WHEREAS, the City of Lake Elmo has advertised the Council vacancy, and the City Council has considered the several applicants who applied and has decided whom it deems best to fill the Council vacancy. NOW, THEREFORE, BE IT RESOLVED by the Lake Elmo City Council of Lake Elmo, Minnesota, hereby appoints Mike Reeves to the Council for the remainder of the term previously held by Council Member Nicole Park, and her appointment shall expire on January 5, 2015. ADOPTED BY THE AELMO CITY COUNCIL ON THE SIXTEENTH DAY OF JULY 2013. =I Mike Pearson Mayor Adam BellF' City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013-57 A RESOLUTION RECEIVING FEASIBILITY REPORT FOR THE SECTION 34 WATER AND SEWER UTILITY EXTENSION IMPROVEMENTS AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursuant to City Council authorization, adopted on March 19, 2013, a feasibility report has been prepared by Bolton & Menk, Inc. for the extension of watermain and sanitary sewer improvements to serve the properties located in Section 34, Township 29 North, Range 21 West, with the exception of the properties located within the Stonegate subdivision; and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other imilt�L-.VMW_JJqff*- iiiii!�ilill as recommended; and a description of the methodology used to calculate individual assessments for affected parcels, 1. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $671,800 for watermain improvements and $1,706,400 for sanitary sewer improvements. 2. A Public bearing shall be held on such proposed improvements on the 3rd day of September, 2013, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF JULY 2013. Resolution No. 2013-57 A RESOLUTION APPROVING PLANS AND AND ORDERING ADVERTISEMENT FOR BSPECIFICATIONSIDS FOR THE SECTION 34 WATER AND SEWER UTILITY EXTENSION IMPROVEMENTS WHEREAS, pursuant a resolution passed by the city council on the l9th day of March, 2013 the city engineer, together with Bolton & Menk, Inc. has prepared plans and specifications for the' Section 34 Water and Sewer Utility Extension Improvements and has presented such plans and specifications to the council for approval, N I uzzo= 1. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in Finance & Commerce an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF JULY, 2013. CITY OF LA 0 f. By: M ATTEST: A in Bell City Clerk Resolution No. 2013-58 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013-59 A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR THE LAKE ELMO AVENUE SEWER INFRASTRUCTURE IMPROVEMENTS-. 1-94 TO 30TI STREET WHEREAS, pursuant to an advertisement for bids for the Lake Elmo Avenue Sewer Infrastructure Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Minger Construction, Inc., in the amount of $3,463,201.60. NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful biddelr and the next two lowest bidders shall be retained until a contract has been signed, ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTH DAY OF AUGUST, 2013. CITY OF LAKE EL Pearson ilke Pearson Mayor Adam Bell City Clerk k-1 W 1 11301 NJ W-1-11 V we] A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE WELL NO. 4 CONNECTING WATERMAIN INIPROVEMENT�1, WHEREAS, it is proposed to extend trunk watermain facilities along 50t" Street and Lake Elmo Avenue, from 50"' Street to 43d Street in order to connect Well No. 4 to the water distribution system; and WHEREAS, it is proposed to provide connection service stubs to properties located adjacent to the watermain improvements; and WHEREAS, it is proposed to assess a portion of the cost of the improvements pursuant to the City's Special Assessment Policy and Minnesota Statutes, Chapter 429. flz�� FOCUS Engineering is instructed to complete a feasibility report in accordance with Minnesota Statutes, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels and not exceeding $3,900 in costs unless approved by the City Administrator. ADOPTED 13Y THE LAKE ELMO CITY COUNCIL ON THE SIXTH DAY OF AUGUST, 2013. Adam Bell City Clerk CITY OF LAKE ELMO COUNTYWASHINGTON STATE OF MINNESOTA APPROVINGA RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS; AND CONTRACT!R THE PUMPHOUSE NO.AND CONNECTING WATERMAIN IMPROVEMENTS WHEREAS, pursuant to the current 2013-2014 Capital Improvement Plan the City is constructing municipal water supply Well No. 4, and WHEREAS, in order for proper operation and use of the well the City needs to design and construct a pumphouse with trunk connecting watermain, l . The City Engineer is hereby designated as the engineer for this improvement. The engineer shall oversee the preparation of the Plans and Specifications for the making of such improvement. 2; The City Engineer shall retain the services of a consulting engineering firm., to assist, where needed, to prepare Plans and Specifications for the making of such improvement and to assist the City Engineer during the construction phase of the improvement as requested. 3. The Engineering Design and Construction Support Services contract is hereby approved as recommended by the City Engineer. 4, The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. #'' ' ! 1 • 1 ATTEST, id 01 i.. Adam Bell` City Clerk Resolution No. 2013-61 1 CITY OF LAKE ELMO NC U NTY STATE OF MINNESOTA A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE INWOOD • STATION AND TRUNK WATERMAIN IMPROVEMENTS WHEREAS, the 2014 water system capital improvement plan identifies a new water booster station together with the extension of trunk watermain along Inwood Avenue North, from 26t" Street N. to the approximate site of Well No. 3, to provide municipal water service to the developing properties in the 194 corridor; and WHEREAS, it is proposed to route this trunk watermain through the Parkview Estates neighborhood along Ivory Avenue N. and 15t" Street N. in order to snore cost effectively construct the water distribution system; and WHEREAS, it is proposed to provide connection service stubs to properties located adjacent to the trunk watermain improvements; and WHEREAS, it is proposed to assess a portion of the cost of the improvements pursuant to the City's Special Assessment Policy and Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED, 1. FOCUS Engineering is instructed to complete a feasibility report in accordance with Minnesota Statutes, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels and to not exceed a cost of $6,700 unless approved by the City Administrator. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTH DAY OF AUGUST, 2013. dam Bell City Clerk Resolution No. 2013-62 CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION BONDS, SERIES 2013A ISSUER: City of Lake Elmo, Minnesota BODY: City Council KIND, DATE, TIME AND PLACE OF MEETING: A regular meeting held on Tuesday, August 6, 2013, at 7:00 o'clock PM, at City Hall MEMBERS PRESENT: Mayor Pearson & Council Members Nelson, Smith, Bloyer, and Reeves Documents Attached: Extract of Minutes of said meeting. F=- it JMTI A 11T I MAODINVI Iffly 1, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title attached hereto, as described above, have been c Of this certificate, certify that the documents arefially compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS MY HAND officially as such recording officer on August 6tb, 2013. '00".-7 ?-236-W -'ity Clerk Page 1 Resolution No. 201 -3 )-63 of 3 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF LAKE ELMO, STATE OF MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lake Elmo, State of Minnesota, was duly held on Tuesday, August 6, 2013 at 7:00 o'clock p.m. Council Member Smith introduced the following resolution and moved its RESOLUTION 2013-63 RESOLUTION APPROVING THE ISSUANCE OF GENERAL OBLIGATION BONDS; SERIES 2013A BE IT RESOLVED by the City Council Of the City of Lake Elmo, State of Minnesota (herein, the "City"), as follows: L The City Council hereby finds and declares that it is necessary and expedient for the District to sell and issue its fully registered general obligation bonds in the total aggregate principal amount of not to exceed $5,725,000 (herein, the "Bonds' The proceeds of Bonds will be used, together with any additional funds of the ). the City which might be • required, to provide funding for public infrastructure within the City and to fund the costs of issuing the Bonds. 2. The City Council desires to proceed with the sale of the Bonds by direct negotiation to Northland Securities, Inc. (herein, "NSI"). 3. The Finance Director and City Administrator are hereby authorized to approve the sale of the Bonds in an aggregate principal amount of not to exceed $5,725,000 and to execute a bond purchase agreement for the purchase of the Bonds with NSI, provided the True Interest Cost ("TIC") does not exceed 4.50%. 4. Upon approval of the sale of the Bonds by the Finance Director and City Administrator, the City Council will take action at its next regularly scheduled meeting thereafter to adopt the necessary approving resolutions as prepared by the City's bond counsel. 5. NSI is authorized to prepare and distribute an official statement related to the sale of the Bonds. 6. If the Finance Director and the City Administrator have not approved the sale of the bonds to NSI and executed the related bond purchase agreement by December 31, 2013 this resolution shall expire. Page Resolution No. 2013-63 2 of 3 The motion for the adoption of the foregoing resolution was duly seconded by Member Reeves, and upon vote being taken thereon, the following voted in favor thereof: Pearson, Nelson, Smith, Bfoyer, and Reeves and the fof rE Whereupon said resolution was declared duly passed and adopted on this 6 th day of August 2013 by the City Council of the City of Lake Elmo, Minnesota. Adam Bell ASIMM Page Resolution No. 2013-63 3 of 3 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOL UTION A PPR 0 VING A PRELIMINAR Y PLAT FOR SA VONA WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and 600, WHEREAS, U.S. Home Corporation (d/b/a Lermar), 16305 36h Avenue North, Suite Plymouth, MN,acting on behalf of Dale Properties, LLC and Frandsen Bank and Trust (Applicant) has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for Savona, a copy of which is on file in the City of Lake Elmo Plamiing and Zoning riati, Qwunwa=- WHEREAS, the Lake Elmo Planning Commission held public hearing on July 22, 2013 to consider the Preliminary Plat request and continued discussion on the Preliminary Plat at its July 29, 2013 meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council from Director of Planning Kyle Klatt for the August 6, 2013 Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on August 6, 2013 and made the following findings of fact- 1) That the Savona preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Savona preliminary plat complies with the City's Urban Low Density Residential and Urban Medium Density Residential zoning district standards. 3) That the Savona preliminary plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances. 4) That the Savona preliminary plat complies with the City's subdivision ordinance. 5) That the Savona preliminary plat is consistent with the City's engineering standards with one exception as noted by the City Engineer in his review comments to the City dated July 9, 2013. 1) Within six months of preliminary plat approval, the applicant shall complete the following: a) the applicant shall provide adequate title evidence Satisfactory to the City Attorney; b) the applicant shall pay all fees associated with the preliminary plat; c) the applicant shall submit a revised preliminary plat and plans meeting all conditions of approval. All of the above conditions shall be met prior to the City accepting an application for final plat and prior to the commencement of any grading activity on the site. 2) The applicant shall dedicate a minimum of 30 feet of land around the "Exception" parcel in the northwest portion of the Savona subdivision to allow for the construction of an eight -foot bituminous trail to the western edge of the subdivision and to allow for sufficient room for drainage and utilities adjacent to "Street A". 3) The applicant shall provide for a minimum green belt/buffer of 100 feet around all of the adjacent Stonegate subdivision, and must revise the preliminary plat in the vicinity of Lots I and 2 of Block 10 to properly account for this buffer. 4) The eight -foot bituminous trail located within Outlot A shall be moved off of the property line of the adjacent Stonegate subdivision and shall be designed to continue into the property to the north and to provide a connection to "Street A". 5) The trail within the green belt/buffer area is encouraged to be located within the southern one-third or eastern one-third of the buffer and as close as possible to the lots within the Savona subdivision. 6) The sidewalk along "Street A" must continue along this street until its termination point at the northern boundary of the subdivision. 7) The applicant shall work with the City and Washington County to identify and reserve sufficient space for a future trail corridor along the western right-of-way line of Keats Avenue. 8) The landscape plan shall be updated to include tree protection fencing in all areas where grading will be near trees intended for preservation. 9) The landscape plan shall be reviewed and approved by an independent forester or landscape architect in advance of the approval of a final plat and final construction plans. 2 Resolution No. 2013-64 10) Sidewalks shall be required on both sides of the public street providing access to the multi -family housing portion of the subdivision. 11) The applicant shall be responsible for the construction of all improvements within, the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the review letter received from the County dated July 3, 2013. The required • shall include, but not be limited to: construction of a new median crossing, closure and restoration of the existing median crossing in this area, continuation of the • ten -foot bituminous trail through the median, turn lanes, and other improvements as required by the County. 12) The applicant shall observe all other County requirements as specified in the Washington County review letter dated July 3, 2013. 13) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the appropriate watershed districts prior to the commencement of any grading or development activity on the site. 14) The applicant shall submit revised preliminary plans that incorporate the changes made to the western portion of the preliminary plat, and specifically, the rearrangement of lots around the "Exception" parcel. 15) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 16) The developer shall be required to pay a fee in lieu of park land dedication equivalent t the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance less the amount of land that is accepted park purposes by the City. Any cash payment in lieu of land dedication shall be paid b the applicant prior to the release of the final plat for recording. I 17) Any land under which public trails are located will be accepted as park land provided the developer constructs said trails as part of the public • for the subdivision. 18) The applicant shall provide for an active recreation area (either public or private) within the multi -family portion of the subdivision. This area shall be sufficient for a small play structure or other similar improvement subject to review and approval by the Planning Director. 19) No more than half of the residential units depicted on the preliminary plat (155) may be approved as part of a final plat until a second access is provided to the subdivision, either via a connection to Hudson Boulevard to the south, Inwood Avenue (CS AH 13) to the west, or back to Keats Avenue {CS AH 19) through the property to the north of Savona. 3 Resolution No. 2013-64 20) A future realignment of 5th Street along the western border of the plat may be considered by the City Council as part of the final plat submission for this are provided the realignment does not result in any significant modifications to the preliminary plat. 2 1 ) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 22) The preliminary grading, drainage and erosion control plan must be revised to address the comments from the City Engineer in his review letter dated July 9, 2013 regarding the size of specific ponds in relation to the drainage areas that are served by these ponds. 231) The preliminary plans must be revised to incorporate all proposed improvements within the 5 1h Street right-of-way. All improvements as requested by the City shall be included in these plans and the design shall be consistent with City specifications and with the concept plan prepared for the City by Damon Farber and Associates. 24) All required modifications to the plans as requested by the City Engineer in a review letter dated July 9, 2013 shall be incorporated into the plans prior to consideration of a final plat. Specific requirements include, but are not limited to, the following: a. The applicant must provide the city a letter of approval to perform the proposed work in the BP Pipeline easement. Work includes installation of storm sewer pipe, grading activities, and relocation of the High Pressure Gas line, if necessary. b. The applicant must provide the city a letter of approval to perform the proposed work in the Electrical Transmission easement areas. Work includes installation of storm sewer pipe, grading activities, and storm water ponding. 25) The City will not accept an • for final plat approval until the 429 public improvement • for Section 34 has been ordered by the City Council. If the City Council does not order this project, the applicant must revise the preliminary plans to •- .-• utilities to serve the subdivision. Any such plan revisions will be subject to review and approval by the City • 26) The applicant shall secure any necessary permits for the multi -family area, including but not • to a conditional use permit to allow for single family detached residences that do not have frontage on a public street, at the time a final plat is submitted for this area. 27) The applicant is encouraged to preserve or re -use as many trees as possible that are currently located on the former golf facility property and to incorporate these trees as part of the landscape plan for the Savona subdivision. 4 Resolution No. 2013-64 28) The applicant shall work with the Planning Director to name all streets in the subdivision prior to submission of a final plat. Passed and duly adopted this 6 th day of August 2013 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor Adam Bell, City CI 5 Resolution No. 2013-64 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA U&TFIXTION AUTV0166if WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance NO. 08-087, an Ordinance to the City's regulations pertaining to Landscape Requirements; and EREAS, the Ci� Council bbellievest4ha t!te llfflm�- 32,41N .4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-087 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-087, which replaces the current sections of the City Code pertaining to Landscape Requirements. The ordinance includes the following provisions. • The ordinance establishes base sizes of allowed plant materials, which are consistent with the recommendations of the American Standards for Nursery Stock. • The ordinance establishes the required number of tree plantings for setback and boulevard areas within proposed developments. • The ordinance establishes landscaping requirements for the perimeter and interior of parking areas. • The ordinance establishes the process by which required screening is achieved. • The ordinance requires a financial security to be posted to ensure performance of all approved landscape plan. The fall text of Ordinance No. 08-087 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. f ayor Mike Pearson Adam Bell, City erk SM The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon; the following voted in favor thereof, and the following voted against same: Whereupon said resolution was declared duly passed and adopted. 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION DECLARING COST TO 113E ASSESSED ORDERIN PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FO HEARING ON PROPOSED ASSESSMENT FOR THE 2012 STREET & WATER QUALITY IMPROVEMENTS WHEREAS, a contract has been let for the 2012 Street & Water Quality Improvements including street reclamation, water quality, and storm sewer improvements located in the DeMontreville Highlands Area; and WHEREAS, the total cost of the improvements will be $945,870; and WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. NOW, THEREFORE, BE IT RESOLVED, I The portion of the cost of such improvement to be paid by the City is hereby declared to be $660,870, and the portion of the cost to be assessed against benefited property owners is declared to be $285,000. 2. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection, 3. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2014, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 4. A public hearing shall be held on the 1" day of October, 2013, in the Council Chambers of the City Hall at or approximately after 7:00 P.A. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5, The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. A property owner may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON'THE THIRD DAY OF SEPTEMBER, 2013. CITY OF LAKE ELMO . . ....... .... 1, . . ..... . ..... Mike Pearson (Seal) Mayor Adam Bell City Clerk Resolution No. 2013-68 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF INNS TA A RESOLUTION SETTING THE TRUTH IN TAXATION PUBLIC HEARING DATE FOR THE 2014 BUDGET AND TAX LEVY WHEREAS, the City of Lake Elmo is required to set a single meeting for discussion and final approval of the 2014 budget and tax levy; and WHEREAS, the City will publish the date, time and location for the public meeting; and WHEREAS, the public will be given the opportunity to speak. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo has set December 3, 2013 at 7:00 p.m. as the public meeting date for the final adoption of the 2013 budget and tax levy. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS THIRD DAY OF SEPTEMBER 2013. Adam Bell City Clerk Resolution No. 2013-69 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013-70 RESOL UTION APPR 0 FIND AN "ENDMENT To THE CITY OF LAKE ELMO COM PREH EN S I T17 EPLAN To REVISE CHAPTER X] — WASTERATER FACILITIES WHEREAS, the City of Lake Elmo ("City") has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, the City has adopted amendments to the Land Use Chapter of the Comprehensive Plan; and WHEREAS, the City must revise Chapter V1 — Wastewater Facilities of the Comprehensive Plan to brinor it into conformance with the recently adopted amendments to the Land Use Chapter. :n WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on August 26, 2013 to consider the request to amend the Comprehensive Plan-, and WHEREAS, on August 26, 2013 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the request to amend the Comprehensive Plan; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan at its September 3, 2013 meeting. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the Comprehensive Plan amendment would revise Chapter VI — Wastewater Facilities of the Lake Elmo Comprehensive Plan to bring Chapter VI into conformance with the projected household and employment forecasts as determined by the Land Use Chapter of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo City Council hereby approves an amendment to Chapter VI — Wastewater Facilities of Lake Elmo Comprehensive Plan subject to and contingent upon the following: 1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that its review has been completed and approved. Passed and duly adopted this 3rd day of September, 2013 by the City Council of the City of Lake Elmo, Minnesota, ATTEST: Adam Bell, City Clerk ike Pearson, Mayor Resolutiwi No. 2013-70 CITY OF LAKE ELMO - 0 WWA"J M W-Am I BRIJ NO 110410, 1 A RESOLUTION RECEIVING A FEASIBILITY REPORT FOR THE WELL NO. 4 CONNECTING WATERMAIN IMPROVEMENTS AND CALLING HEARING ON IMPROVEMENT VVHEREAS, pursuant to City Council authorization, adopted on August 6, 2013, a feasibility report has been prepared by FOCUS Engineering, Inc. for the extension of trunk watermain facilities along 50'h Street and Lake Elmo Avenue, from 50t-" Street to 43rd Street in order to connect Well No. 4 to the water distribution system; and WHEREAS, the feasibility report recommends that connection service stubs be installed to properties located adjacent to the watermain improvements and recommends that a portion of the cost of the improvements be assessed pursuant to the City's Special Assessment Policy and Minnesota Statutes, Chapter 429; and Vi7HEREAS, the feasibility report provides information regarding whether the proposed. improvement is necessary, cost-effective, and feasible -' whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. 1. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $617,000. 2. A public hearing shall be held on such proposed improvements on the I st day of October, 2013, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF SEPTEMBER, 2013. Mike Pearson Mayor CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION ORDERING THE IMPROVEMENT, ACCEPTING TH BIDS AND AWARDING A CONTRACT FOR THE SECTION 34 WATE AND SEWER UTILITY EXTENSION IMPROVEMENTS I WHEREAS, a resolution of the city council adopted on July 16, 2013, fixed a date for a hearing for the Section 34 Water and Sewer Utility Extension Improvements; and WHEREAS, mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on September 3, 2013, at which all persons desiring to be beard were given an opportunity to be heard thereon; and WHEREAS, the feasibility report, prepared under the direction of the City Engineer, and dated July 2013, states that the project is necessary, cost-effective, and is technically and financially feasible; and WHEREAS, pursuant to an advertisement for bids for the Section 34 Water and Sewer Utility Extension Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Redstone Construction Co., Inc. in the amount of $1,701,884.50. NOW, THEREFORE, BE IT RESOLVE11 I. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 16th day of July, 2013. 3. The City Engineer is hereby designated as the engineer for this improvement, and together with his consultants, shall oversee the design and construction of such improvements in accordance with the approved Plans and Specifications prepared by Bolton and Menk, Inc. and dated July, 2013. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Resolution No. 2013-72 5. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 6. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE THIRD DAY OF SEPTEMBER, 2013. By. ! �Pearson Vike Pearson Mayor Adam Bell I" l_ City Clerk Resolution No. 2013-72 2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING PROPOSED 2013 TAX LEVY, COLLECTIBLE IN 2014 AND WHEREAS, the City Council has conducted budget council workshops and meetings to review the 2013 Tax Levy, collectible in 2014, and the proposed 2014 General Fund Budget; and WHEREAS, the City is required to adopt a proposed budget for payable 2014 and certify its proposed property tax levy payable in 2014. BE IT RESOLVED that the City adopts the proposed 2014 General Fund Budget, BE IT FURTHER RESOLVED by the Council of the City of Lake Elmo, County of Washington, Minnesota that the following proposed sums of money be levied for the current year, collectible in 2014, upon taxable property in the City of Lake Elmo, for the following purposes: Total General Fund Levy $2,421,588 Total G.O. Debt Levy $ 484,814 Library Levy $ 256.957 Total Levy $3,163,359 BE IT FUTHER RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota. LAI ADOPTED, by the Lake Elmo City Council on the I Oth day of September, 2013. l�Iike Pearson Mayor CITY F LAKE ELMO WASHINGTON COUNTY, INN TA STATE OF MINNESOTA 77AXS:�#X-C7f7l#—,'177T,t'PORTING ., STATE OF MINNESOTA BONDING * STATE APPROPRIATIONS t f ! ►' i SUPPLY t O SAFE POTABLE 7r i A B WATER TO MANDATEDGROWTH AREAS UNDERLYING CONTAMINATION I WHEREAS, the City of Lake Elmo needs a new water booster station and trunk watermain lines along Inwood Avenue and Lake Elmo Avenue to serve southern Lake Elmo, WHEREAS, the City of Lake Elmo has hired lobbying representation from Msserli & Kramer to help facilitate discussion and foster support at the State Legislature; WHEREAS, the City has submitted an amended application to Minnesota Management and Budget for this request; r THEREFORE, BE RESOLVED Application for State Bonding Funds for the project to supply safe potable water to mandated growthareas with underlyingcontamination. ADOPTED O* BY •' Y OF • Mike Pearson Mayor Adam Bell City Clerk CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2013-75 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-074 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-074, an ordinance to the City's regulations pertaining to Water Surface Use; and WHEREAS, the ordinance is lengthy, and WHEREAS, Minnesota Statutes, section 412,191 subd, 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inforni the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-074 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-074, which replaces the current sections of the City Code pertaining to Water Surface Use. The ordinance includes the following provisions, • The ordinance establishes new hours of operation for Olson Lake, Lake Demontreville and Lake Jane. • The ordinance makes changes to the High Water Conditions duration, • The ordinance establishes new sections dealing with Enforcement and Review. The full text of Ordinance No. 08-074 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a fall copy of the ordinance be placed in a public location within the City. Dated: September 17,2013. ATTEST: Mayor Mike Pearson el — Adam Bell, City Clerk!a The motion for the adoption of the foregoing resolution was duly seconded by member A I t f and upon vote being taken thereon, the following voted in favor thereof - and the following voted against same: Whereupon said resolution was declared duly passed and adopted. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA - WHEREAS, the City of Lake Elmo has established by city code that certain fee requirements established be brouglit forth by resolution; and 01,140m) i 111111111 iiiiiiiiiiiiii ,Ilf i Ifu -i Me eno, ot2vi I and was not; WHEREAS, it is appropriate that the fee schedule be revised to show that the fee has now been removed. TIOW THEREFORE BE IT RESOLVED by the City Council of the City of Lake Elmo that the attached Revised City of Lake Elmo Fee Schedule is hereby adopted and approved. ADOPTED By THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SEVENTEETH DAY OF SEPTEMBER, 2013. " . CITY OF LAKE ELMO am Bell City Clerk Resolution No. 2013-76 1 RESOLUTION NO. 2013-77 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS "EREAS, the 2014 water system capital improvement plan identifies the extension of trunk watermain along Lake Elmo Avenue North, from the existing Village water system, south approximately 3 miles to the proposed 5th Street intersection, to provide municipal water service to the developing properties in the 194 corridor; and VMEREAS, it is proposed to provide connection service stubs to properties located adjacent to the trunk watermain improvements; and VMEREAS, it is proposed to assess a portion of the cost of the improvements pursuant to the City's Special Assessment Policy and Minnesota Statutes, Chapter 429. L FOCUS Engineering is instructed to complete a feasibility report in accordance with Minnesota Statutes, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVE NTEENTH DAY OF SEPEMBER, 2013. =I City Clerk CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION BONDS, SERIES 201 31A Issuer: City of Lake Elmo, Minnesota Kind, date, time and place of meeting: A regular meeting held on September 17, 2013, at 7:00 p.m., at City Hall, Lake Elmo, Minnesota. Members present: ffipkm pvN %-TR Members absent: C 0014CI� _ me�vmsc-4, pre. Documents Attached: Minutes of said meeting (including): RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,615,000 GENERAL OBLIGATION BONDS, SERIES 2013A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. 2013 . WITNESS my hand officially as such recording officer this A3rday of September, CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION BONDS, SERIES 2013A Issuer- City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on September 17, 2013, at 7:00 p.m., at City Hall, Lake Elmo, Minnesota. Members present: ffipf4br' PC h6LsC--'1'4#a t4 sr"%rnk Members absent: C Documents Attached. Minutes of said meeting (including): RESOLUTION NO. 2013-78 RESOLUTION AUTHORIZING ISSTUTAN'Ca AirIG SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,615,000 GENERAL OBLIGATION BONDS, SERIES 2013A 1, the undersigned, being the duly qualified and acting recordina officer of the publi ic corporation issuing the bonds referred to in the title of this certificate, certit, that the documents attached hereto, as described above have been carefully compared With the original records of said corporation in my legal cust'ody, from which they have been transcribed, that said documents are a correct and complete transcript of the minutes of a meeting of the'governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above. pursuant to call and notice of such meeting given as required by law. 201311 WITNESS my band officially as such recording officer this 13nday of September, City Tninistrat I CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION BONDS, SERIES 2013A Issuer: City of Lake Elmo, Minnesota Governing Body, City CouncM Kind, date, time and place ofineeting: A regular meeting held an September 17,20133, at 7:00 p.m., at City Hall, Lake Elmo, Minnesota. Members present: ffi#,44 K P) C I,-- M "SmCrIk )A��rz> Members absent: C Documents Attached: Minutes of said meeting (including): RESOLUTION NO. 2013-78 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,615,000 GENERAL OBLIGATION BONDS, SERIES 2013A 1, the undersigned b 'ng the ei duly qualified and acting recording officer of the pub,* corporation issuing the, bonds referred to in the title of thi 1�1 ic s certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody. f , rom which they have been transcribed- that said documents are a correct and complete transcript of the minutes of a. meeting of the' goveming body of said corporation, and correct and Complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the -governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this L-:f"'daY of September, 2013. CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION BONDS, SERIES 201' )A Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on September 17, 2013, at Z� 7:00 pm., at City Hall, Lake Elmo, Minnesota. Members present: P'ENP't-�t4 ) C&j t4 Members absent: Documents Attached: Minutes of said meeting (including). - RESOLUTION NO. 2013-78 RESOLUTT ON AUTHOR26 NIG ISSUANCE, AWARDING SALE, I PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,615,000 GENERAL OBLIGATION BONDS, SERIES 2013A 1, the undersigned, being the duty qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from -,A7hich they have been transcribed; that said, documents are a correct and complete transcript of the minutes of a meeting of the )oration. and aid Corrct and complete copies of all resolutions and other actions body of scort egoverning taken and of all documents approved by the governing body at said meeting, so faras they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand of as such recording officer this —" ]a� "day of September, 2013, CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION BONDS, SERIES 2013A Issuer-. City of Lake Elmo, Minnesota Governing Body. City Council I Kind, date, time and place Of meeting: A regular meeting held on September 17, 2013, at 7:00 p.m., at City Hall, Lake Elmo, Minnesota. Members present, ffipr4r' Members absent: 'COUPCIL Documents Attached. Minutes of said meeting (including): RESOLUTION NO. 2013-78 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,615,000 GENERAL 013LIGATIO-N BONDS, SERIES 2013A 1, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the, title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct ai-id complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as suchrecording officer this ' 2011 1 =4�%y of September, Councilmember---"�'50 _v4 — introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,615,000 GENERAL OBLIGATION BONDS, SERIES 2013A BE IT RESOLVED by the City council, City of Lake Elmo, Minnesota (the City), as follows: SECTION I - AUTHORIZATK-- � "'n, SALE, 1.01. Authorization. This City Council, by resolution duly adopted. on August 6, 2013 (the Preliminary Resolution), authorized the issuance and sale of its General Obligation Bonds, Series 2013A (the Bonds), pursuant to Minnesota Statutes, Section 444.075 and Chapters 429 and 475. Proceeds of the Bonds will be used to finance various street improvement projects in the City and improvements to the City's water and sewer utilities (collectively, the Systems). The Preliminary Resolution authorized the officers of the City to negotiate with Northland Securities, Inc. (the Purchaser) for the sale of the Bonds, to approve the sale o an wit a true interest cost not to exceed 4.50%, and to execute a bond purchase agreentient for the Purchase of the Bonds with the Purchaser. Sale. The City has received a proposal from •the Purchaser to Purchase the Bond in the principal amount of $5,615,000, at a price of S5�631,790,05, Plus accrued interest to the date of delivery and payment. The Proposal results in a true interest cost of 3.13% whMich me the test described in Section 1.01 hereof The sale of the Bonds to the Purchaser is hereby ratified and confirmed, The portion of the Bonds ($1,600,000) that is being issued pursuant to Minnesota Statutes, Chapters 429 and 475 (the Improvement Bonds) will be used to finance street improvements in the City (the Improvement Project). The portion of the Bonds ($4,015,000) that is being issued pursuant to Minnesota Statutes, Section 444.075 and Chapter 475 (the Utility Bonds) will be used to finance improvements to the Systems (the Utility Projects; together with the Improvement Project, the Projects). Maturity schedules for the Improvement Bonds and the Utility Bonds are attached hereto. SECTION 2. BOND TERMSREGISTRATION: EXECUTION AND DELIVERY, 2.01. Issuance of Bonds, All acts, conditions and things which are required by the Constitution and laws of tile State of Minnesota to be done, to exist, to happen and performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the C ut cil t e blish , to provide ta security therefor and to issue the Bonds forthwith. form and terms of the Bond`s�' 0 " 0 s the 2 .02. Maturities- Interest Rates- Denominations and Pa . The Bonds shall be originally dated as of October 1, 2013, shall be in the denomination of, 5,000 each, or any integral multiple thereof, of single maturities, shall mature on July I e years and amounts I 5inth stated below, and shall bear interest from date of issue until paid or duly called for redemption, at the annual rates set forth Opposite such years and amounts, as follows: Year Amount Rate Fear AMO—unt Rate 2014 $220,000 100% 2023 $300,000 2015 305,000 3.00% 2.00 2024 300,000 2016 310,000 100 2025 3.00 300,000 2017 310,000 2.00 2026 305M0 100 2018 320,000 2.00 2027 310"000 2019 320,000 3.05 3.50 100 2028 315,000 2020 325,000 2,00 2030 3.75 395,000 2021 325,000 2.20 2033 625,000 4.00 2022 3-0,000 2.35 4.00 The Bonds shall be issuable only In fully registered form. The interest thereon and, upon surrender of each Bond, the Principal amount thereof shall be payable by check or draft issued by the Registrar described herein, provided that so long as the Bonds are registered in the name of a securities depository, or a Tionninee thereof, in accordance with Se on 7 wifn the, operati-7 depository. Onararrangements of the securities NEW= SLEV'S�177TIL transfer or exchange Pursuant to Section 2,06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferTed, Interest on the Bonds shall be payable on January 15 and July 15 in each year, commencing July 15, 2014, each such date being referred to herein as an Interest Payment Date, to the persons in whose narnes the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar,, close of business on the first day Of the calendar month in which the Inter t Pa nt Date falls, whether or not, such day is es vmc a business day. Interest shall be computed on the basis of a 360-day Year composed of twelve 30-day months, 2.04. Redem—RI—ion, Bonds maturing in 2022 and I ater years shall be subject to redemption and prepayment at the option of the City, in whole. or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in integral multiples of $5,000, on July 15, 2021, and on any date thereafter, at, SLUM, HWL More Man sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the Registrar and registered holders of any Bonds to be redeemed at their addresses as they appear on the Bond Register described in Section 2.06 hereof, provided that notice she be given to any securities M depositon, in accordance with its operational arrangements, No defect i in or failure to give such "'Otice Of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, • on the redemption date, become due and Payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon Partialredemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. Bonds maturing on July 15, 2030 and 2033 (the Tenn Bonds) shall be Subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on July 15 in each of the following years the following stated principal amounts of such Bonds: Year Principal AmQunt 2029 $195,000 The remaining $200,000 stated principal, amount of such Bonds shall be paid at maturity on July 15, 20X - YLear Rd4giRl Amount 2031 $200,000 2032 210,000 The remaining $215,000 stated principal amount of such Bonds shall be paid at maturity on July 15, 2033. Notice of redemption shall be given as provided in the preceding paragraph 2.05. A-Mointment of Regj�stra - The City hereby appoints Northland Trust Services, in Minrieapolis, Minnesota, as the initial Bond registrar, transfer agent and paying agent �the Registrar). The Mayor and City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days� written notice and -upon the appointme t and acceptance of a successor•e st , in which event the preecessor Registrar shall delive n R dgi rar r all cash and Bonds in its possession to the successor Registra-r and shall deliver the Bond Register to the successor Registrar, I 2-06. Registration. The effect of registration and the rights and. duties of the City d the Registrar with respect thereto shall be as follows: h an re (a) Regis . The Registrar shall keep at its Principal corporate trust office a -Rister (the Bond Register) in which the Registrar shall Provide for the registration of ownership of Bonds and the registration of transfers an RIM (b) Trans [er L)f Bonds. Upon surrender for transfer of any Bond duly endorsed the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly deliver, in the eree or transferees, one or more new Bonds of a like name of the designated transf e an authorized by the Holder in writing, the Registrar shall auth nticate d aggregate principal amount and maturity, as requested by the transferor, The Registrar may, however, close the books for registration of any transfer after the first day of the month in which each interest payment date occurs and until such interest payment date, (c) E2�change of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate i cipal amoun upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever an Bond is so surrendered for -exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds wbich the Bondholder making the exchange is entitle to receive (d) Cancellation. All Bonds surrendered for payment., transfer or exchange gha I ter disposed of as directed by the City. be promptly canceled by the Rd egistrar anthereaf I (e) !MREQmr�Una�uthofi�ze _Transfer. When any Bond is presented to the Registrar for transter, the Registrar may refuse to transfer the smu yl -e-J JiU VITS'=i TOM or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized- (f) Per�so ls!Leemed .01MI's, -nie City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute Owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes- and all payments Made to or upon the Order of such Holder shall be valid and effectual to satisfy mid discharge the liability upon such Bond to the extent of the sum or sums so paid. M (9) —I—ax-e-s.,-ELees an�dCharges. For every transfer or exchange of Bonds (except for all exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, exchange. governmental charge required to be paid with respect to such transferfee or other or (h) Mutilated Lost Stolen or Destroy" Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, -upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. G) Auth The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Subdivision 1, as amended. Section 475.55, Valid Obliga ons. Ali Bonds issued upon any transfer, or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as th. e Bonds surrendered upon such transfer or exchange. 2.07, Execution. Authentication and neliverY- The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In. ease any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for a purposes the same as if such officer had remained in office until the date I I nt 11 rp es, of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication n the Bond, e un I fi th o substantially in the form provided in Section 2,09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale theretofore executed. and the Purchaser shall not be obligated to see to the application of the purchase price. 8 2.08. Securities Dgpositor. (a) For purposes of this section the following terms shall have the following meanings: 'Seneficial Ownee' shall mean, whenever used w1th respect to a Bond, the person in whose name Such Bond, is recorded as the beneficial owner of such Bond a by a Prticipant on records of such Participant, or such person,'s subrogee. I "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC, with respect to the Bonds. "DTC'," shall mean The Depository Trust Company of New York, New York, "Participant" shall mean any broker -dealer, bank or other financial institution for which DTC holds bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. I (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the formof physical certificates. the City may notify D and the Registrar, whereupon DTC shall n TC notify the Participants of the availability through DTC of Bonds in the form. of certificates. In such event, the Bond will be transferable in accor i e with paragraph (e) hereof DTC may determine to discontinue providing its services with respect 0 to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Administrator is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of 4-- the Bonds to be transferred or exchanged and appropriate insti uments of transfer to the permitted 11 e rm transferee in accordance with the provisions of this resolution. In the event Bonds i th f oof certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including without limitation, the Printing of such Bonds in the form of physical certificates and the method of payment of principal of and interest on such Bonds in the form of physical certificates. 2.09. Form of Ron& The Bonds shall be prepared in substantially the following form- Ier_MgwLtv Date % July 15, 20_ Date of a Original Issue October 1, 2013 UMEAx�M • CITN' OF LAKE ELMO, State of Minnesota (the City) acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to Pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on January 15 and July 15 , I in each year, commencing July 15, 2014 (each such date, an Interest Payment Date) al subject to the provisions referred to herein with respect to the redemption of the principal of this Bond 7 before maturity. The interest so payable on any Interest Pa e t Date shall b paid to person mme this Bond is registered at the close of business on the first day (whether or not a in whose i Yin 11 e the n business day) of the calendar month in which the Interest Payment Date occurs, Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal. office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Northland Trust Services, Inc., Minneapolis, Minnesota, as Bond registrar, transfer agent and paying agent, or its successor desi by the Resolution described herein (the Registrar) or other agreed -upon means, of payment griated the under Registrar or its designated successor. For the prompt and fall payment of such principal and interest as the same respectively come due, the 11 faith and credit and taxing powers of e City have been and are hereby irrevocably pledged, fa a the y This Bond is one of an issue (the Bonds) in the aggregate principal amount of $5,615,000 issued pursuant to a resolution adopted by the City Council on September 17, 2013 (the Resolution), to finance street improvement projects in the City and improvements to the City's water and sewer systems (collectively, the System), and is issued by authority of and in strict accordance with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Sections 444.075 and Chapters 429 and 475. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the fall faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2022 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as, the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the Bond depository in accordance with its customary procedures) in multiples Of $5,000, on July 15, 2021, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published if and to the extent required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail (or, if applicable, provided in accordance with the operational arrangements of the securities depository), to the registered holders of any Bonds, at the holders addresses as they appear on the Bond register maintained by the Bond Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official, notice of redemption having been gi ven as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and fi-ors and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. Bonds maturing in the years 2030 and 2033 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the 8 redemption date, without premium, on july 15 in each of the years shown below, in an amount equal to the following Principal amounts: U MM-Mmm Sinking Fund Aggregate Payment Date Ejn�gal_ o nt 2029 $195,000 2030 (maturity) 200,000 Sinking Fund Aggregate Payment Date Principal Amount 2031 $200,000 2032 210,000 2033 (maturity) 215,000 Notice of redemption shall be given as provided in the preceding paragraph. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books, Of the City at the principal Office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer executed by the registered owner or the owners attorney, satisfactory to the Registrar, duly and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued ee in the name of the designated transfer g registered owner, of the same aggregate principal amount, bearing interest at the samerateand maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this -Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other Purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as , this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond and shall give all notices withrespect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTEDAND AGREED that all acts. conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its te Is, ha le rm been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to levy special assessments upon property specially benefited by the improvernerits financed with the Bonds, M and has agreed to collect and apply to payment of the Bonds certain net revenues of the System, which assessments and revenues are estimated to be collectible in years and amounts sufficient to Produce sums not less than 5% in excess of the principal of and interest on, the Bonds when due, and has appropriated such assessments and revenues to its General Obligation Bonds, Series 2013A Bond Fund for the payment of such principal and interest; that if necessary for the Payment of such principal and interest, ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have, been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness Of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of t1-1e City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory f or any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by rrianual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City has caused this Bond to be executed on. its behalf by the facsimile signatures of its Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. This is One Of the Bonds delivered pursuant to the Resolution mentioned within. NORTHLAND TRUST SERVICES, INC.,, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written Out in full according to the applicable laws or regulations: M TEN COM - as tenants in common UTMA ........... ...... as Custodian (Gust) (Minor) TEN ENT ® as tenants by the entireties under Uniform Transfers to Minors Act, . .......... JT TEN -- as joint tenants with right Of survivorship and not as tenants in common (State) ASSIGNMENT For value received, the -undersigned hereby sells, assigns and transfers unto within Bond and all rights thereunder, and does hereby irrevocably constitute and appointee attorney to transfer the said Bond on the books kept registration I the — - -- substitution in the premises, registration of within Bond, with full power of N E he asignature th ' a t must r TIC Tassignor's to is ss7ent must 5 ._ upon the face of the 11 �JAJ _0L it ter, t. ar Ll t alteration ion or F 0 correspond pond with the name a Itappears 0 I in B Bond _11 every p tic, ar enlargement or y Chan P whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible -Quarantor institutio kaRwip] the Registrar, which requirements include Membership or participation in STAMP or such other "signature guaranty program,, as maybe determined by the Registrar in addition to or in substitution for STAMP, all in accordance with t Securities Exchange Act of 1934, as amendedi PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of Bond form) SECTION 1 USE OF, PROCEEDS. There is hereby established on the official books and records of the City a General Obligation Bonds, Series 2013A Construction Fund (the Construction Fund). Within the Construction Fund are established the following accounts: 11 (a) IxnDrovement Construction Account. The Improvement Construction Account shall be credited with $1,600.000 fr om the proceeds of the Improvement Bonds. Every item of expense made for the Improvement Project shall be deducted from Improvement Construction Account to the extent paid from proceeds of the Improvement Bonds. The City Administrator shall maintain the Improvement Construction Account until Payment of all costs and expenses incurred in connection with the construction of the Improvement Project have been paid. (b) UtilityConstructionAccount. The Utility Construction Account shall be credited With- $4,000,00o from the proceeds of the Utility Bonds, an amount equal to the estimated cost of the Utility Projects. The City Administrator shall maintain the Utility Construction Account until all costs and expenses incurred by the C' il u Projects have been paid. City in connection with the construction of the Utility All funds on hand in the Construction Fund when terminated shall b cr dit to the -eof, unless and except as such proceeds may be transferred Bond Fund described in Section 4 hei e ed to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest oil the Bonds from federal income taxes. SECTION 4. GENERAL OBLICATIO BQL-,MS. SEEMS 2013A BOND FUND. So long as any of the Bonds are outstanding and any principal or interest thereon unpaid, the City Administrator shall maintain on the official books and records of the City a, separate fund designated as the General Obligation Bonds, Series 201' )A Bond Fund (the Bond Fund). Into the Bond Fund shall be paid (a) the amounts specified in Section 3 above, (b) any amount in excess of the amounts credited to the Construction Fund as provided in Section 3 hereof received from the Purchaser upon delivery of the Bonds, (c) the special assessments and net revenues described in Sections 5 and 6 hereof-, (d) any taxes collected pursuant to Section 7 hereof, and (e) any other funds appropriated by the City Council for the payment of the Bonds. The principal of and interest on the Bonds shall be payable from the Bond Fund, and the money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. If the balance on hand in the Bond Fund is at any time insufficient to pay principal and interest then due on the Bonds, such amounts shall be paid from other money on hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The City Council also covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to pay any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. There are hereby established, two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account,- There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in (b) above. Thereafter. during each Bond Year (i.e., each twelve month period commencing on July 16 and ending on I the following July 15), as monies are received into the Bond Fund, the City Administrator shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond. Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Administrator Is shall transfer to the Debt Service Account amounts on hand in the S In Accou it to e extent v. Investment earnings (and losses) on amounts fi-orn time to necessary to cure such deficienc UT s i th time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. SECTION 5,Tlxe its hereby covenants and agrees that, for the payment of the oject, the City leas dozze or will do and perform, all acts and thizzgs necessary for the final and validassessments in a principal amount not less thanImprovement Project, The cost of the Improvement Project, inclusive of financing is estimated to be approximately $1,702,000, The City hereby finds that all documents required by the terms of the motion adopting the resolution orderingthe Improvement Project adopted on September 3, 2013 have been received, and ratifies the ordering of the Improvement Project, It is estimated that the principal and interest on such special assessments will be levied beginning in 2013 and collected in the years 2014-2028 in the amounts shown on App�gndix I attached hereto. The principal of the assessments shall be made payable in annual installments, with interest as established by the City Council in accordance with law on unpaid installments thereof from time to time remaining unpaid. In the event any special assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by this City Council or by any of the officers or employees of the City, either in the making of such special assessment or in the performance of any condition precedent thereto the City hereby forthwith do all such further things and take all such further covenants and agrees that it will f e ty eb proceedings as shall be required by law to make such special assessment a valid and binding lien upon said property. SECTION 6.It is crab determined and declared that the City ownseacutility and convenience, and that the net operating gross receipts derived from charges for the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other pledged funds, for the payment when due of the Principal of and interest on the Utility Bonds herein authorized, and on any other bonds to which such revenues are pledged. Pursuant to Minnesota Statutes, Section 444.075. the City hereby covenants and agrees with the registered owners from time to time of the Bonds, that until the Utility Bonds and the interest thereon are discharged as provided in Section 7 or paid in full, the City will impose and collect reasonable charges in accordance with said Section444.075 for the service, use d availability of the System. according to schedules sufficient s an to produce net revenues sufficient to pay the Utility Bonds and any other bonds to which said net revenues have been pledged, d the -ie extent necessary, are hereby irrevocably pledged and appropriated to the net revenues, to ti y a an payment of the Utility Bonds herein authorized and interest thereon when due. Nothing herein shall preclude the City from hereafter making further appropriations ing rther pledges and approp atio of the net re < venues of the System for payment of additional obligations of the City hereafter authorized if the Council determines before the authorization of such additional obligations that the estimated net revenues of the System will be sufficient, together with any other sources pledged to the payment of the outstanding and additional obligations, for payment of the outstanding bonds and [a such additional obligations. Such further pledges and appropriations of net revenues may be made superior or subordinate to or on a parity with, the pledge and appropriation herein made. SECTION 7. PLEDGE OF TAXING P � �LJJI jL �Ull I �4,XIN�QWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. However, it is presently expected that the special assessments pledged as described in Section 5 above and net revenues of the System pledged as described in Section 6 above, will produce not less than 5% in excess of the amount needed to meet when the principal and interest payments on the Bonds, and therefore no ad valorem tax levy is currently required. SECTION 8. PffEASAN -1 all of the Bonds have been discharged as provided in this CE. Whei Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in fall with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided that notice of such redemption has been duly given as provided herein, The City may also at y time discharge its obligations with respect to any Bonds, subject ein Y s an i ct to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this Purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date. If such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City must have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation, and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all Of the, principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. 9.01. General Tax Covenant. The City agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the 14 Construction Fund will be expended solely for the payment of the costs of the projects, The Projects are and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non- goverrimental person relating to the use of the Projects, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered "private , activity bonds" or `4private loan bonds" pursuant to Section 141 of the Code, 9-02- Ebitrage Certification. The Mayor and City Administrator being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on. the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations. 9.03, Arbi q%j Rebate. The City acknowledges that the Bonds may be sul�ject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from, the rebate requirement pursuant to one of the spending exceptions set forth in Section 1. 148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 9,04. Councilations. The City hereby designates the Bonds, as "qualified purposes of Section 26)(3) of the Code relating to the disallowance of interest expense for financialereby finds that the reasonably atax-exempt govensnental obligations (within the meaning of Section 265(bwhich will e issued by the City and all subordinate entities during calendar year 2013 does not exceed $1 opo,000, 9.05. Reimbursement. The City certifies that the Proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, w respect -iditures, the City shall have made a declaration of official intent which to such prior expei n L n with n n complies with the provisions of Section 1.150.2 of the Regulations, provided that this certification. shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the, Projects meeting the requirements of Section 1. 1 50-2(f)(1) of the, Regulations, or (ii) with respect to "preliminary expenditures" for the Projects as defined in Section 1.1 50-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of tj e -issue price" of the Bonds. 9.06. Continuing Disclosure, (a)Purpose and Beneficiaries, To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to E comply with amendments to Rule l5c2-12 Promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240,15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds, The City is thel only obligated Person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with person aggrieved thereby, including the Owners of any any provisions of this section, any I th necessary o Outstanding Bonds, may take whatever action at law or in equitye may appear nee s r appropriate to enfo rce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder ereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter 'defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond on (including persons or entities holding Bonds through nominees,es), or b intermediaries), depositories or other intermediar ( n n s Bond for federal income tax purposes. ) is treated as the owner of the (b) Information To Be Disclosed. The City will provide in the manner set forth in subsection (c) hereof, either directly or indirectly through an. agent designated by the City, the following information at the following times: (1) on or before twelve (12) months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2013, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond, the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and [a (B) to the extent not included in the financial statements referred to in paragraph (A) hereof. the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Economic and Financial Information, Summary of Debt and Debt Statistics and General Information — "Major Employers." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and , 10 days after the receipt thereof, the City shall provide tlIe audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been filed with the SEC or have been made available to the public on ti e Internet t Web site of the Municipal -ing Board (the MSRB). The City shall clearly identify i theDisclosure Securities Rulemak 1 1 e un Information each document so incorporated by reference, If any p art of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information ri d no longer be provided if e a sta City includes in the Disclosure Informationee o ed th rtement to such effect, provided., however, that if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then. the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data, provided. (2) In a timely manner not in excess of ten business days, after the occurrence of the event, notice of the occurrence of any of the following events: (A) Principal and interest Payment delinquencies; (B) Non-PaYrnent related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form. 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (G) Modifications to rights of security holders, if material-, (H) Bond calls, if material, and tender offers-, (1) Defeasances: M (J) Release, substitution, or sale Of Property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or a similar event with respect to the City- (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material. and (N) Appointment of a successor or additional trustee or the change of name of a, trustee, if material. As used herein, a material fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, bold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information. disclosed hereunder or info atio generally iding the foregoing sentence, a material fact is also an event available to the public. Notwithstanding Tin n that would be deemed material for purposes, of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person, (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure hiforination required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and M (E) any change in the fiscal year of the City. (c) Manner of Disclosure. i (1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MS R-B from time to time, the information described in subsection (b). The City further agrees to make available, by electronic transmission, overnight delivery, mail or other means, as appropriate, the, information described in subsection (b) to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondoxner who requests in writing such information, at the time Of transmission under paragraph (1) of this subsection (c), or, if such information is transmitted with a subsequent time of release, at the, time such information is to be released. (3) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time, (d) Term: Amendrnettts Interpretation. (1) The covenants of the City in this section shall remain ieffect 0 9 as y Bond n s long an s are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as, provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution Of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under M clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and Such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. 10. 0 1. Re istration ofBonds, The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Washington County, together with such additional information as is required, and to obtain a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the County Auditor's Bond register. 10-01 Authentication of Transen , - The officers of the City and the. County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey &IN7himey LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and 'information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in certificates, including any heretofore famished, shall be deemed representations of the City and certifaffidavits their custody and control or as otherwise known to them, and all such certified copies, as to the correctness of all statements contained therein. 1 0M, Official Statement. The Preliminary official Statement relating to the Bonds, dated September 5, 201.3, prepared and distributed by Northland Securities, Inc., is hereby approved. Northland Securities, Inc. is hereby authorized on behalf of the City to prepare and deliver within seven business days from the date hereof a final Official Staten -lent listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 10.04_ Authorization Of Payment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond Proceeds allocable to the payment of issuance expenses to the Bond Registrar on the, closing date for further distribution as directed by Northland Securities, Inc. M Upon vote being taken thereon, the following voted in favor thereof, FS: A, P-So, and the following voted against the same: D F'4L whereupon the Resolution was declared duly passed and adopted 21 Year of Collection 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Prineik al 31,130,00 82,579.00 86,337,00 90,266.00 94,374,00 98,668.00 103,158.00 107,85100 112,760.00 117,89100 123,257,00 128,866.00 134,729.00 140,861.00 147,271,00 $1,600,000.00 Ilit i All I' Interes 45,000.00 69,680,48 65,922.62 61,993.73 57,886.07 53,591.47 49,101,46 44,407.13 39,499. 18 34,367.90 29,003.06 23,394.11 17,529.91 11,398,88 4,988.94 $607,764.80 igig 76,130.00 152,259.48 152,259,62 152,259.73 152,260-07 152,259.47 152,259.46 152,259.13 1, 52,259. 18 152,259.90 152,260.06 152,260.11 152,258.91 152,259.88 152,259.84 —K2 2-07,764.80 29k pjnqi� 7/15/2014 457000 7/15/2015 105,000 7/15/2016 1,05,000 7/15/2017 105,000 7/15/2018 105,000 7/15/2019 105,000 7/15/2020 110,000 7/15/2021, 1,10,000 7/15/22022 115,000 7/15/2023 115,000 7/15/2024 115,000 7/15/2025 115,000 7/15/2026 115,000 7/15/2027 115,000 7/15/2028 120,000 Pate F`�_ rs_ __ 5 it d Later 7/15/2014 $40,000 " 7/15/2015 50,000 7/15/2016 50,000 7/15/2017 50,000 7/15/201 S 55,000 7/15/2019 55,000 7/15/2020 55,000 7/15/2021 55,000 7/15/2022 55,000 7/15/2023 45,000 7/15/2024 45,000 7/15/2025 45,000 7/15/2026 50,000 7/15/2027 50,000 Ili :5/202 50,000 7/15/2029 50,000 7'15/2030 50,000 7/15/2031 50,000 7/15/2032 50,000 7/15/2033 55,000 19 The undersigned, being the duly qualified and acting County Auditor of WashingTon County, Minnesota, hereby certifies that there has been filed in MY office a certified copy of a resolution duly adopted on September 17, 2013, by the City Council of the City of Lake Elmo, Minnesota, setting forth the form and details of an issue of $5,615,000 General Obligation Bonds, Series 2013A dated as of October 1, 2013. 1 further certify that the issue has been entered on my bond register as required by Minnesota Statutes, Sections 475,61 to 475.63. WITNESS any hand and official seal on the day of 2013. Washington County Auditor (SEAL) CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF NE TA RESOLUTION AUTHoRIzjNG CERTIFICATION TO THE WASHINGTON COUNTY AUDITOR FOR UNPAID SURFACE WATER UTILITY BILLS WHEREAS, Minn. Stat, 444.075, subd. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for the collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: 1. The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2. The certified amount shall be payable over a period of one year, with interest as provided in Exhibit A. 3. The owner of the property may, at anytime prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. 4. The City Finance Director shall forthwith transmit a certified duplicate of Exhibit A to the County Auditor to be extended on the property tax lists of Washington County. Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. q M am Bell City Clerk By: Mike Pearson Mayor Resolution No. 2013-79 CITY OF LAKE ELMO A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2013 SPECIAL ELECTION WHEREAS, pursuant to Section 204B.21 of the Minnesota Election Laws, Election judges shall be appointed by the municipality; and WHEREAS, the appointments shall be made at least 25 days before the election at which the judges will serve; and WHEREAS, election judges and election judge trainees shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out duties at the polling place and attending training-, and WHEREAS, the City of Lake Elmo is dependent upon and appreciative of citizen assistance for its election process; and WHEREAS, the Lake Elmo 2013 Special Election Judge appointments consist of individuals recommended by the City Clerk with the approval by majority of the City Council; and WHEREAS, the City Clerk may appoint additional election judges as necessary, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lake Elmo that the individuals listed on the attached Exhibit A are appointed to serve as election judges for the November 5, 2013 Special Election at the hourly rate of $10.00 for election judges and $11.00 for bead election judges. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS FIRST DAY OF OCTOBER 2013. y. (Seal) Mike Pearson Mayor ORNMIN Adam Bell City Clerk Resolution No. 2013-80 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA a WHEREAS, a contract has been let for the Keats MS A Street and Trunk Watemiam Improvements including street reconstruction and storm sewer improvements located along Keats Avenue between Highway 36 and 47th Street and trunk watermain improvements along Keats Avenue between 59t" Street and 47 1h Street and along 47"' Street from Keats Avenue to 45t" Street; and WHEREAS, the total cost of the street improvements will be $1,244,120; and WHEREAS, the total cost of the water improvements will be $826,014; and WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. NOW, THEREFORE, BE IT RE, SOLVED, The portion of the cost of such street improvement to be paid by the City is hereby declared to be $1,169,320, and the portion of the cost to be assessed against benefited property owners is declared to be $74,800. I The portion of the cost of such water improvement to be paid by the City is hereby declared to be $762,214, and the portion of the cost to be assessed against benefited property owners is declared to be $63,800, 3. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be Z--� specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 4. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in, January, 2014, and shall bear interest at the rate of 4.5 percent per annimi from the date of the adoption of the assessment resolution. 5. A public hearing shall be held on the 6 1h day of November, 2013, in the Council Chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment, All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 6: The City Clerk- is hereby directed to cause a notice of the bearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement, He shall also cause mailed notice to be given Resolution No. 2013-81 to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 7. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. A property owner may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIRST DAY OF OCTOBER,, 2013. CITY OF ELM By Mike Pearson (Seal) Mayor Resolution No. 2013-8 1 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROL FOR THE 2012 STREET & WATER QUALITY IMPROVEMENJI WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the 2012 Street & Water Quality Improvements. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the arnount of the assessment levied against it. I Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January., 2014, and shall bear interest at the rate of 4.50% percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2013. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. I The owner of any property so assessed may, at any time prior to tire certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Resolution No. 2013-83 1 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIRST DAY OF OCTOBER, 2013. Resolution No. 2013-83) 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION ORDERING THE IMPROVEMENT FOR THE WELL NO. 4 CONNECTING WATERMAIN IMPROVEMENTS WHEREAS, pursuant a resolution of the City Council adopted the 3rd day of September, 2013, the Council ordered a hearing on Improvement for the Well No. 4 Connecting Watermain Improvements, and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the I st day of October, 2013, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated September 2013 states that the project is necessary, cost-effective, and feasible. I. Such improvement is deemed necessary, cost-effective,, and feasible as detailed in the Feasibility Report, 2. Such improvement is hereby ordered as proposed in the Council resolution adopted this Ist day of October, 2013. 3. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. By: M Resolution No. 2013-84 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013-85 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPUT11 Tn:j! I I ��I�ki]AWJW WHEREAS, the City maintains a 5-year revolving Street Capital Improvement Program (Street CIP) to promote the strategic use of limited financial resources while maintaining, developing or replacing the City's local street network; and WHEREAS, the Street CIP represents the City's long-range street improvement program that identifies the present and future needs and priorities, and develops a schedule of public improvements to address the most essential improvements first; and streets; WHEREAS, it is proposed to initiate the 2014 Street Improvement project to improve the following local * 24"' Street North, from Lake Elmo Avenue to Legion Avenue 0 24"' Street Court North 0 Lansing Avenue North 20"' Street Court North 0 Legion Avenue North, from 201h Street to 24 th Street 0 20'1' Street North, from Lake Elmo Avenue to Manning Trail,, 0 Manning Trail North., from CSAH 15 (Manning Avenue) to city limits, 0 Deer Pond Trail North, Hidden Bay Trail to Jack Pine Trail, 0 Deer Pond Court North; and III AS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement, pursuant to the City's Special Assessment Policy and Minnesota Statutes, Chapter 429, NOW, THE, REFORE, BE IT RESOLVED, That the proposed improvement, called the 2014 Street Improvements, be referred to the City Engineer and FOCUS Engineering, and that FOCUS Engineering is instructed to complete a feasibility report in accordance with Minnesota I Statutes, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels, ADOPTED BY T14E LAKE ELMO CITY COUNCIL ON THE FIRST DAY OF OCTOBER, 2011. CITY OF LAKE ELMO By:�` ------- Mike Pearson Mayo A am Bell City Clerk Resolution No. 2013-85 RESOLUTIONAPPROVINGAN,4MENDMEAIT To THE CI_Ty OFLAKEELMO COMPREHENSIVE PLAN WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a, compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, Ryland Homes, 7599 Anagram Drive, Eden Prairie, MN, ("Applicant") has submitted an application to the City of Lake Elmo ("City") to amend the Lake Elmo Comprehensive Plan, a copy of which is on file in the City Planning Department; and WHEREAS, the request to amend the Comprehensive Plan was submitted along with a sketch plan for a proposed single-family residential subdivision-, and WHEREAS, the Lake Elmo Planning Commission held a public hearing on September 23, 2013 to consider the request to amend the Comprehensive Plan; and WHEREAS, on September 23, 2013 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the request to amend the Comprehensive Plan-, and WHEREAS, the City Council reviewed the recommendation of the Planning, Commission and the proposed amendment to the Comprehensive Plan at a meeting on October 1,' 2013, and. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the Applicant has submitted a request to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and Lake Elmo Planning Commission. 2) That the request to is to amend the Future Land Use Map (Mali 3-3 in Chapter III —Land Use Plan) in the Lake Elmo Comprehensive Plan, and to specifically change the future land use designation a parcel of land located east of Lake Elmo Avenue and approximately '% Resolution No. 2013-86 mile north of Interstate 94 (PID 36.029.21.32.0008; commonly known as the Country Air Golf Practice Facility) from MDR — Medium Density Residential to LDR — Low Density Residential. 3) That the Comprehensive Plan Amendment will apply to property legally described in the attached Exhibit "A". 4) That the proposed area impacted by the proposed amendment is relatively small and will not have a significant impact on the City's ability to achieve its 2030 household and population forecasts. 5) That current market conditions are not favorable for multi -family and single family attached housing. , yet it is in the City's interests to accommodate market -driven development at present in order to provide a reasonable return on recent major infrastructure improvements. 6) That the City is continuing to work towards potential reductions to the 2030 growth targets specified in the Met Council MU that will likely reduce the amount of areas in the community that are guided for high density housing. NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo City Council hereby approves the Applicant's request to amend the Lake Elmo Comprehensive Plan, subject to and contingent upon the following: 1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that its review has been completed and approved. Acknowledgement of these comments and final adoption of the Comprehensive Plan Amendment will require formal action by the City Council. Passed and duly adopted this I st day of October 2013 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson Mayor Resolution No. 2013-86 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF ..INNS TA 1'rZ, CV7CI7 '1A _#,V 111-7 1 777-777MTED PARCELS FOk PUBLIC AUCTION WHEREAS, the parcel located in the City of Lake Elmo described herein has been forfeited to the State of Minnesota for non-payment of property taxes; and WHEREAS, the parcel has been classified as non -conservation land and includes Parcel ID: 16.029.21.41.0029; Subdivision Name CIC 249 UNITS 3A, 3B, 4A, 413, 7A, 7B, 8A, 8B Lot 7-B (Located in Prairie Ridge Business Park); and WHEREAS, required by MN Statute 282.01, the city is requested to either approve the parcel for public auction or auction to adjacent land owners or request a conveyance to the city for an authorized public use or public purpose. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo approves the above mentioned parcel for sale. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS FIFTEENTH DAY OF OCTOBER 2013. =I '0000� �0 01 am Bell City Clerk By: �e Pe Mayor ♦ �k P Resolution No. 2013-87 CITY OF LAKE ELMO RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-088 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-088, an ordinance to the City's regulations pertaining to Animals; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-088 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-088, which replaces the current sections of the City Code pertaining to Animals. The ordinance includes the following provisions. • The ordinance regulates dog and cat ownership and care in the City of Lake Elmo • The ordinance regulates licensing of dogs in the City of Lake Elmo • The ordinance prohibits unreasonable disturbances by animals in the City of Lake Elmo • The ordinance adds a section on Requirements for Horse -Drawn Vehicles to the Horses Axticle, - The ordinance adds an Exceptions section to the Dangerous Animals Article The fall text of Ordinance No. 08-088 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keen a coij of the ordinance at CJL-� "j, il!, j jjaa,ti . . . . . . . . . . . . . . . IRM XF114i ION Ment I tu"Ll"A Is 1041"Lls Mayor Mike Pearson am Bell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against same: 0 M-TeTTY771-177 TTas Teclarect cluly passed and ado 0 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA K'91 N G siliili I I V It IIIR'91"l 1-1malftsm, WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08- 090, an ordinance to the City's regulations pertaining to Storm Water and Erosion and Sediment Control-, and WHEREAS, the ordinance is lengthy; and nallimmunumunnuxW.'m 1 •9 -• • RKI WHEREAS, the City Council believes that the following summary would clearly inforra the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-090 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-090, which replaces the current sections of the City Code pertaining to Storm Water and Erosion and Sediment Control. The revisions to the Lake Elmo stormwater management ordinance are being proposed to better align the regulation of stormwater management in the city with the new State and Watershed rules and to simplify permitting and compliance requirements with the rules. In compliance with the Federal Clean Water Act, the Minnesota Pollution Control Agency (MPCA) maintains permitting authority to manage stormwater and improve water quality throughout the state. The MPCA Stormwater Program includes two general stormwater permits that have been reissued on August 1, 2013 to comply with changing federal rules and incorporate changes needed to enhance compliance with the permit. The MPCA issues the Minnesota NPDES/SDS Construction Stormwater General Permit (R1000001) to protect water resources from contaminants in runoff from construction sites. The MPCA also issues the General NPDES/SDS Permit MNR040000 for Municipal Separate Storm Sewer Systems (MS4s) to regulate stormwater discharge from counties, ces, townships and other government entities in urbanized areas, Through the reissuarice of these two permits the MPCA has included new requirements for construction projects and by MS4's for controlling stormwater discharge volume, Total Suspended Solids (TSS) and Phosphorus; which will require increased infiltration of stormwater runoff for new development and redevelopment projects. Resolution No. 2013-89 In addition, the Valley Branch Watershed District (VBWD) is updating their Rules and Regulations to comply with the changes in federal and state rules. Among these changes the VBWD is increasing the volume control design standard to capture and retain on site 1.1 inches of stormwater runoff from the new and/or fully reconstructed impervious surface. This design standard was previously 0.5 inches. Ordinance 08-090 revises Section 150.277 Performance and Design Standards I Eliminate the requirement by applicants to prepare and submit for approval by the City a Stonn Water Management Plan using stormwater modeling design criteria that is different from the State and/or local Watershed District(s). Instead the Stormwater Management Plan must be submitted to the City, but will be the same Stormwater Management Plan already prepared for watershed district and/or State approvals. Align the stormwater rate control requirements by the city with the rate control requirements of the State and local Watershed(s). Align the water quality control (volume) requirements by the city with the water quality control (volume) requirements of the State and local Watershed(s). The full text of Ordinance No. 08-090 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTHTEENTH DAY OF OCTOBER 2013. ATTEST: 4"a I Bell City Clerk The Z motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof- 4s— and the following voted against same: 0 1 01 Resolution No. 2013-89 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION SETTING A PUBLIC HEARING ON A VACATION THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council pursuant to Minnesota Statute § 412.861 desires to consider the vacation of a Permanent Public Utility Easement and Agreement on the subject property legally described as: The north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, according to the United States Government Survey thereof and situated in Washington County, Minnesota. M WHEREAS, that said public utility easement located in the City of Lake Elmo, County of Washington, State of Minnesota is described as follows, to -wit: A perpetual easement for public utility described property: . purposes over, under and across the following Over, under and across that part of the north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, Washington County, Minnesota, except the west 50 feet thereof. Said perpetual easement lies northerly and easterly of the following described line: Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of South 00 degrees 02 minutes 54 seconds West, along the west line of said Northwest Quarter of the Southwest Quarter, a distance of 40.00 feet to the point of beginning of the line to be described; thence North 89 degrees 48 minutes 29 seconds East • distance of 597.64 feet; thence South 87 degrees 08 minutes 18 seconds East • distance of 187.72 feet; thence North 89 • distance of 483.28 feet; thence South 00 degrees 01 minutes 17 seconds East • distance of 424.06 feet to the south line of said north 474,06 feet of the Northwest Quarter of the Southwest Quarter and said line there terminating. Resolution No, 20 13 -90A I . The Council will consider the vacation of such Permanent Public Utility Easement and Agreement and a public hearing shall be held on such proposed vacation of the 3rd day of December, 2013, before the City Council in the City Hall located at 3800 Laverne Avenue North, Lake Elmo, NM 55042 at 7:00 pm. 2. The City Clerk is hereby directed to give published, posted and mailed, notice of such hearing as required by law. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE SIXTH DAY OF NOVEMBER, 2013. M effloffln 400' am Bell City Clerk Resolution No, 2013-90A CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 201— A. , SOLUTION SETTING A PUBLIC HEARING ON A VACATION THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council pursuant to Minnesota Statute § 412.861 desires to consider the vacation of a Temporary Construction Easement and Agreement legally described as: A temporary easement for construction purposes over, under and across that part of the north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, Washington County, Minnesota, except the west 50 feet thereoLSaid temporary easement lies northerly and easterly of the following described line: Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of South 00 degrees 02 minutes 54 seconds West, along the west line of said Northwest Quarter of the Southwest Quarter, a distance of 90.00 feet to the point of beginning of the line to be described; thence North 89 degrees 48 minutes 29 seconds East a distance of 597.85 feet; thence South 79 degrees 36 minutes 58 seconds East a distaI ce of 190.69 feet; thence North 89 degrees 48 minutes 29 seconds East a distance of 408.06 feet; thence South 00 degrees 01 minutes 17 seconds East a distance of 349.06 feet to the south line"of said north 474.06 feet of the Northwest Quarter of the Southwest Quarter and said line there terminating. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON, MINNESOTA: The Council will consider the vacation of such Temporary Construction Easement and Agreement and a public hearing shall be held on such proposed vacation on the 3rd day of December, 2013, before the City Council in the City Hall located at 3800 Laverne Avenue North, Lake Elmo, MN 55042 at 7.00 pm. 2. The City Clerk is hereby directed to give published, posted, and mailed notice of such hearing as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTH DAY OF NOVEMBER, 2013. CITY OF LAKE ELMO 14- Mike Pearson, Mayor Z, Aftam Bell, �City Clerk Resolution No. 2013-90B CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE STREET IMPROVEMENTS FOR THE KEATS AISA STREET AND TRUNK WATERMAIN IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the street improvements for the Keats MSA Street and Trunk Watermain Improvements. NO'"', THEREFORE, BE IT RESOLVED, L Such proposed assessment, a copy of which is attached hereto and made a part hereof, is herby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2014, and shall bear interest at the rate of 4.50% percent per annurn from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2013. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Z-11J Resolution No. 2013-91 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTH DAY OF NOVEMBER, 2011 Mike Pearson Mayor A'dam Bell City Clerk Resolution No. 2013-91 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA in 'law M"ARME11121 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the watermain improvements for the Keats MSS Street and Trunk Wateririain Improvements. L Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2014, and shall bear interest at the rate of 4.50% percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2013. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk-, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter. I , pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Resolution No. 20 11 -92 1 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTH DAY OF NOVEMBER, 2013. CITY OF LAKE ELMO Mike Pearson Mayor Resolution No. 20131-92 2 =A NJ KIM V NO WHEREAS, pursuant to City Council authorization, adopted on September 17, 2013, a feasibility report has been prepared by FOCUS Engineering, Inc. to extend the Village water system approximately 2.5 miles south along Lake Elmo Avenue, from 30th Street North to the future intersection of Lake Elmo Avenue and 5th Street, to provide municipal water service to developing properties in the southeast part of the City; and WHEREAS, the feasibility report recommerids that connection service stubs be installed to properties located adjacent to the watermain improvements and recommends that a portion of the cost of the improvements be assessed pursuant to the City's Special Assessment Policy and Minnesota Statutes, Chapter 429; and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. 1. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $2,894,000. 2- A public hearingt, shall be held on such proposed improvements on the 3rd day of December, e 2013, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE SIXTH DAY OF NOVEMBER, 2013. (Sea]) ATTEST: 77> Mike Pearson Mayor Resolution No. 2013-93 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF SIN NESOTA I DEFERRAL FOR HARDSHIP TO ASS I ELIGIBLE PROPERTIES WHEREAS, the City recently approved the 2012 Street and Water Quality Improvement: Final Assessment Roll on October 1, 2013, and the City will certify the unpaid assessment roll to Washington County on November 15, 2013, for addition to the respective property taxes, and WHEREAS, under the City's assessment policy, certain assessments are eligible for deferral under certain circumstances; and WHEREAS, the City Council will consider deferment for the payment of special assessments on any homestead property, owned by a person 65 years of age or older, or retired by virtue of permanent and total disability. A hardship may be deemed to exist when the annual principal installment of all assessments levied against the property exceeds two percent (2%) of the adjusted gross income of the applicant as evidenced by the applicant's most recent federal income tax return, and total assets (excluding the homestead property) do not exceed six times the adjusted gross income; and WHEREAS, the City Council may also determine, on a case by case basis, the existence of a hardship on the basis of exceptional and unusual circumstances not covered by these standards and guidelines, if done in a non-discriminatory manner and without giving the applicant an unreasonable preference or advantage over other property owners; and WHEREAS, during the period of deferral, interest shall be applied annually to the unpaid principal balance at the rate established on the original special assessment, or as adopted by resolution of the City Council at the time the original assessment is adopted; and WHEREAS, the deferment shall terminate and all principle and interest becomes due and payable upon the occurrence of any of the following events: (1) The death of the owner when there is no spouse whom is eligible for deferment, (2) The sale, transfer or subdivision of the property or any part thereof, (3) The property should lose its homestead status, (4) The City Council should determine that the hardship no longer exists. A review of the hardship will be conducted every three to five years; and WHEREAS, the City has received applications for deferral from certain property owners claiming eligibility for deferral under the 65 years of age or older provision of the policy, City Staff is currently verifying the eligibility of those applications, and upon verification, will Resolution 2013-94 classify those properties as deferred in its certification to the County if the Council elects to grant the deferral. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo grants a special assessment deferral to the following property owners, upon verification of eligibility: Property Owner: Marlene Lee Property Address: 5920 Highlands Trail, Lake Elmo Parcel ID#: 04.029.21.22.0002 Original Assessment: $3,000.00 ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SIXTH DAY OF NOVEMBER 2013. CITY COUNCIL CITY OF LAKE ELMO yr Mike Pearson Mayor Adam Bell City Clerk Resolution 2013-94 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-091 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-091, an ordinance establishing the Village Mixed -Use (VMX) zoning district in the City's Zoning Code; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-091 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-091, which adopts the Village Mixed -Use (VMX) zoning district into the City's Zoning Code and includes the following provisions a, • The ordinance establishes the purpose of the VMX zoning district. • The ordinance establishes permitted and conditional uses within the VMX zoning district. • The ordinance specifies dimensional and building bulk requirements in the VMX district. • The ordinance includes general site design provisions that specifically relate to the mixed -use areas. • The ordinance includes standards for specific use classifications within the VMX zoning district. • The ordinance establishes design review procedures and integrates the Lake Elmo Design Standards Manual by reference, • The ordinance specifies dimensional and bulk requirements for accessory structures and standards for accessory uses within the VMX zoning district The full text of Ordinance No. 08-091 is available for inspection at Lake Elmo city hall during regular business hours. 41-1 BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a Copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City, Dated- November 6,2013, Adam Bell, City clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. M CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA • "I RESOLUTIONAPPROT71NCTAN AMENDMENT To THE CITE OF LAKE ELMO COMPREHENSIVE PLAN WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City-, and WHEREAS, Tammy Diedrich and Gary Redier, 7401 Wyndham Way, Woodbury, MN, ("Applicant") has submitted an application to the City of Lake Elmo ("City") to amend the Lake Elmo Comprehensive Plan, a copy of which is on file in the City Planning Department; and WHEREAS, the request to amend the Comprehensive Plan was submitted along with a preliminary sketch plan for a proposed single-family attached/detached residential townhome subdivision; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on October 28, 2013 to consider the request to amend the Comprehensive Plan; and WHEREAS, on October 28, 2013 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the request to amend the Comprehensive Plan; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan at a meeting on November 6, 2013; and. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the Applicant has submitted a request to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and Lake Elmo Plamung Commission. 2) That the request to is to amend the Future Land Use Map (Map 3-3 in Chapter III — Land Use Plan) in the Lake Elmo Comprehensive Plan. and to specifically change the future land use des]. -nation a parcel of land located east of Lake Elmo Avenue and approximately 1/', mile scull,, of I oth Street North (CSAH 10) (PID 36.029.21.32.0002) from HDR — High Density Residential to MDR — Medium Density Residential. Resolution No. 2013-96 2 3) That the Comprehensive Plan Amendment will apply to property legally described in the attached Exhibit "A". 4) That the proposed area impacted by the proposed amendment is relatively small and will not have a significant impact on the City's ability to achieve its 2030 household and population forecasts. 5) That current market conditions are not favorable for multi -family housing, yet it is in the City's interests to accommodate market -driven development at present in order to provide a reasonable return on recent major infrastructure improvements. 6) That the City is continuing to work towards potential reductions to the 2030 growth targets specified in the Met Council MOU that will likely reduce the amount of areas in the community that are guided for high density housing. NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo City Council hereby approves the Applicant's request to amend the Lake Elmo Comprehensive Plan, subject to and contingent upon the following: 1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that its review has been completed and approved. Acknowledgement of these comments and final adoption of the Comprehensive Plan Amendment will require formal action by the City Council. Passed and duly adopted this 6"' day of November 2013 by the City Council of the City of Lake Elmo, Minnesota, Mike Pearson, Mayor Adam Bell, City Clerk Resolution No. 2013-96 Leal LI.21.32.000-11 The north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, according to the United States Government Survey thereof and situated in Washington County, Minnesota. Resolution No. 2013-96 CITY OF LAKE ELMO WASHINGTON COUNTYI, MINNESOTA 11 1 RESOLUTIONADOPTING THE LAKE ELMO DESIGN GUIDELINES AND STANDARDS MANUAL WHEREAS, the City of Lake Elmo adopted a revised Comprehensive Plan in March of 2013 that calls for the adoption of design standards to promote quality development outcomes in Lake Elmo; and WHEREAS, the Planning Commission has reviewed multiple drafts of the design standards manual at several formal meetings dating back to August of 2012; and WHEREAS, the City of Lake Elmo held a Stakeholder Workshop on October 29, 2012 to gather feedback from members of the development community and WHEREAS, the Lake Elmo Planning Commission held a meeting on October 28, 2013 to consider the adoption of the Lake Elmo Design Standards Manual; and WHEREAS, on October 28, 2013 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Lake Elmo Design Standards Manual; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Lake Elmo Design Standards Manual at a meeting on November 6, 2013; and. WHEREAS, the City Council reviewed the Manual at a workshop meeting on November 12, 2013; and. WHEREAS, the City Council reviewed the Lake Elmo Design Guidelines and Standards Manual at a meeting on November 19, 2013; and. NOW, THEREFORE, based upon the information received, the City Council makes the following: I 1) That the adoption of the Lake Elmo Design Guidelines and Standards Manual is consistent with the policy guidance of Chapter III — Land Use Plan of the City's Comprehensive Plan, specifically: "Following the completion of the Comprehensive Plan, the City will adopt design standards to ensure the look andjeel qf./uture development is compatible with the community vision of a small town within a rural setting. Standardsjbr building materials, building articulation, design variety and other requirements should be upheld to ensure the quality (?f the built environment is distinctly Lake Elmo. 2) That the Lake Elmo Design Guidelines and Standards Manual meets the intent of establishing design review provisions and procedures that promote quality development outcomes in Lake Elmo that are consistent with the City's desired vision for the community, NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing the Lake Elmo City Council hereby approves the Lake Elmo Design Guidelines and Standards Manual. Passed and duly adopted this I 91h day of November 2013 by the City Council of the City of Lake Elmo, Minnesota. Mrke Pearson, Ma r Adam Bell, City Clerk CITY OF LAKE ELMO -"mill =01111101 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-095 BY TITLE AND SUMMARY V,+'HEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-095, an ordinance to the City's regulations pertaininc, to Design Review; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes; section 412.191, subd, 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Clerk shall cause the following summary of Ordinance No. 08-095 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-095, which adopts the Lake Elmo Design Standards Manual by reference and establishes design review procedures for certain types of development activity in the Urban Residential and Commercial zoning districts. The full text of Ordinance No. 08-095 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: November 19,2013. ATTEST- Mayor Mike Pearson The motion for the adoption of the foregoing resolution was duly seconded, by member ep and upon vote being taken thereon, the following voted in favor thereof-, and the following voted against same: 0 Whereupon said resolution was declared duly passed and adopted. WHEREAS, the City of Lake Elmo is required to adopt a formal budget for the general fund revenues; WHEREAS, the City of Lake Elmo held it's Truth in Taxation Hearing on December 3, 2013; WHEREAS, the Lake City Council closed the public hearing on the 2014 general fund budget at the close of the meeting on December 3, 2013 without need for continuation,, - BE IT RESOLVED the Lake Elmo City Council adopts the 2014 general fund budget in the amount of $3,163,359. ADOPTED, by the Lake Elmo City Council., on the 3rd day of December 2013. Mike Pearson Mayor Adam Bell City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA WHEREAS, Minn. Stat, 444.075, subd. 3, pennits certification of unpaid charges to the county auditor for collection with taxes payable-, WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for the collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT- 1. The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2. The certified amount shall be payable over a period of one year, with interest as provided in Exhibit A. 3. The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. 4. The City Finance Director shall forthwith transmit a certified duplicate of Exhibit A to the County Auditor to be extended on the property tax lists of Washington County no later than December 28, 2013. Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF DECEMBER, 2013. By: M Adam Bell, City Clerk Mike Pearson Mayor Resolution 2013-100 CITY OF LAKE ELMO PENN• FAYI; nNf V W #7V—E—IW 77 TS—� El, � t A U T H 0 R I Z I N G PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, pursuant a resolution of the City Council adopted the 6th day of November, 2013, the Council ordered a hearing on Improvement for the Lake Elmo Avenue Trunk Improvements-, and WHER-EAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 3rd day of December, 2013, at which all. persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated October 2013 states that the project is necessary, cost-effective, and feasible; and WHEREAS, in order to provide municipal water to properties located south of I Ot" Street N along Lake Elmo Avenue the City needs to design and construct a trunk watermain. I - Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated October 2013, 2. Such improvement is hereby ordered as proposed in the Council resolution adopted this 3rd day of December, 2013. 3. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds, 4. The City Engineer is hereby designated as the engineer for making this improvement. The engineer shall oversee the preparation of the Plans and Specifications for the making of such improvement. S. The City Engineer shall retain the services of a consulting engineering firm to assist, where needed, to prepare Plans and Specifications for the making of such improvement and to assist the City Engineer during the construction phase of the improvement as requested. C,T 4.am Bell City Clerk I Resolution No. 2013-101 1 Mike Pearson Mayor CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION RECEIVING A FEASIBILITY REPORT FOR THE INWOOD BOOSTER STATION AND TRUNK WATERMAIN AND CALLING HEARING ON IMPROVEMENT . WHEREAS, pursuant to City Council authorization, adopted on August 6, 2013, a feasibility report has been prepared by FOCUS Engineering, Inc. for a booster station and improvements of trunk watermain facilities along Inwood Avenue N, from 26"' Street to Eagle Point Business Park. in order to provide access to the rnunicipal water system; and WHEREAS, the feasibility report recommends that connection service stubs be installed to properties located adjacent to the waterniain improvements and recommends that a portion of the cost of the improvements be assessed pursuant to the City's Special Assessment Policy and Minnesota Statutes, Chapter 429.- and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible. whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. SEEMM I. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant. to Minnesota Statues, Chapter 429 at an estimated total pro.ject cost of $3,840,000. 2. A public hearing shall be held on such proposed improvements on the 21 st day of January, 2014, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF DECEMBER, 2013. (Seal) ATTEST: Adam Bell City Clerk CITY OF L M 0 By: Mike Pearson Mayor Resolution No. 2013-102 CITY OF LAKE ELMO RESOLUTION NO. 2013-103 A RESOL UTJO]VAPPROVING AV AAJENDMENT TO THE PL,4NNED UATjTDET7EL0pjVEAy,-OR THEEAGLL POINTBUMArESS PARK TOALLOWPUBLIC`, C'Ej00LS,4S 4 CONDITION.4L USE WHEREAS, BWBR Architects, acting on beha If of Northeast Metro 916 Intermediate School District, 2540 County Road F East, White Bear Lake, MN and United Properties, 3600 Arnerican Boulevard, Suite 750, Minneapolis, MN ("Applicant") has submitted an application to the City of Lake Elmo ("City") to amend the Planned Unit Development (PUD) for Eagle Point Business Park, a copy of which is on file in the Lake Elmo Planning Department.; and )VHEREAS, the proposed PUD Amendment is to revise the development standards for the Eagle Point Business Park to allow public schools as a conditional use within the Eagle Point Business Park PUD; and NN111EREAS, the Lake Elmo Planning Con-nnission held a public hearing on November 25, 2013 to consider the PUD Amendment; and WHEREAS, on November 25, 2013 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council deny the PUD Amendment; and WHEREAS, the Lake Elmo Planning Conu-nission submitted its report and reconmiendation to the City Council as part of a memorandum from the Planning Department dated December 3, 2013, and WHEREAS, the City Council reviewed the reconunendation of the Planning Commission and the PLJD Amendment at its December 3, 2013 meeting. NONV, THERE, FORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the procedure for processing a PLJD Amendment is found in the Lake Elmo City Code, Section 150,800 et. sec{. 2) That all the requirement,,; of said City Code Section 154.800 et seq. related to the PUD Amendment have been met by the Applicant. 3) That the proposed PUD Amendment would revise the development standards for the Eagle Point Business Park by revising the list of permitted and, conditional uses as follows: Permitted Uses: Banks, medical clinics, offices, �ssa- office showrooms. Conditional Uves: Business services, conference centers, health clubs, hotels and molels, day care centers, limited retail, medical, dental and research labs, recording studios, restaurants and cafeterias, theaters, teleconferencing transini.ssion facilities, veterinary clinics, and hotel, _pub11.cqLd jx�jteF -1c)ol Ll,r ql 4) That the legal description of the property to which the PUD Amendment will apply is as follows: Outlot A of Eagle Point Business Park 7r" Addition according to the plat thereof filed of record in the office of the Register or Titles in and for WasIlington County, Minnesota. 5) That the proposed I -IUD Amendment: a) Is consistent with the goals, objectives, and policies of the Comprehensive Plan. b) Is consistent with the purpose of Section 154.800 et seq. of the City Code, c) Complies with the development standards of Section 154.800 et sect, of the City Code. 6) That any economic impacts associated with allowing a public school within the Eagle Point Business Park- will be offset by a services agreement with the Applicant, which will be considered as part of the Applicant's concurrent request for a Conditional Use Peril -Lit. 7) That the proposed PUD Amendment and proposed school development is compatible with the existing and proposed future uses within the Eagle Point Business Park. CONCLUSIONS AND DECISION 1.. Based on the foregoing, the Applicant's request for a PUD Amendment is hereby approved. Passed and duly adopted this 3 d day of December 2013 by the City Council of the City of Lake Elnio, Minnesota. Mike Pearson, Mav— Namw 1V Zara Bell, City ClerlC""- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION DENYING AMENDMENTS TO THE CITY OF LAKE ELMO COMPREHENSIVE PLAN AND ZONING MAP WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, the City of Lake Elmo has established a Zoning Map by Ordinance that implements the various land use policies in the City's Comprehensive Plan; and WHEREAS, Brian Meyers, John Putzier and Joseph Skaar, 623 Cresthaven Drive, South St. Paul, MN, ("Applicant") have submitted an application to the City of Lake Elmo ("City") to amend the Lake Elmo Comprehensive Plan and Zoning Map, copies of which are on file in the City Planning Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on November 2 2013 to consider the request to amend the Comprehensive Plan and Zoning Map; and i WHEREAS, on November 25, 2013 the Lake Elmo Planning Commission unanimously adopted a motion to recommend that the City Council deny the request to amend the Comprehensive Plan and Zoning Map; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan and Zoning Map at a meeting on December 3, 2013; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the Applicant has submitted a request to amend the Comprehensive Plan and zonill Map in accordance with the procedures as established by the Lake Elmo Planning Department and Lake Elmo Planning Commission. 2) That the request to into amend the Future Land Use Map (Map 3-3 in Chapter III — Land Use Plan) of the Lake Elmo Comprehensive Plan and the Lake Elmo Zoning Map to specifically change the future land use designation and zoning for a parcel of land located at 10689 60th Street North from Rural Residential to Commercial. 3) That the proposed Comprehensive Plan Amendment is not consistent with the intent and purpose of the City's Land Use Plan, which encourages growth and development in the 1-94 Corridor and Village Planning Areas while maintaining rural character in the Rural Planning Area. 4) That rezoning the property to Commercial would represent a Spot Zoning action due to inconsistency with the City's Comprehensive Plan and incoinpatible surrounding land uses. 5) That direct driveway access onto TH 36 represents a hazard to public safety and poor access management, and is not consistent with the State, County and City planning efforts for the corridor to date. NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo City Council hereby denies the Applicant's request to amend the Lake Elmo Comprehensive Plan and Zoning Map, Passed and duly adopted this P day of December 2013) by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor N CITY OF LAKE ELMO "ii&WWi1A]rA"i% 4 . AND SUMMARY Jill NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-096 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-096, which amends the current sections of the City Code pertaining to Driveways. The ordinance includes the following provisions. The ordinance establishes standards for the number and maximum width of allowed curb cuts. The ordinance establishes a maximum grade of 10% for driveways. Driveways that exceed this standard must be approved by the City Engineer. The full text of Ordinance No. 08-096 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Resolution No. 2013-105 Page 1 of 2 Mayokke 0 �am Bell, City Cl�erk The motion for the adoption of the foregoing resolution was duly seconded by member 4 and upon vote being taken thereon, the following voted in favor thereof-, and the following voted against same: 0 Resolution No. 2013-105 Page 2 oft THE C"ITY OF LAKE ELMO W"WWW"WMMWM__ .0WW=WW_.Z_ CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ss. LAK L iv-R111, LVE 4K" • 4009216 1 '111111111111111111111111111111111111111111111 Certified Red andfor recorded on: 4009216 Office of the County Recorder Washington County, Minnesota I hereby certify that the foregoing RESOLUTION NO. 2013-106A, A RESOLUTION VACAT1NG A PERMANENT PUBLIC UTILITY EASEMENT AND AGREEMENT is a true and correct copy of a. resolution presented to and adopted by the City Council of the City of Lake Elmo at a duly authorized meeting thereof held on the Third day of December 2013 as shown by the minutes of said meeting in my possession. Signed and sealed by my hand this Twenty-fourth day of November 2014. Adam R. Bell City Clerk City of Lake Elmo CITY OF LAKE ELMO WNSHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013 — 106A A RESOLUITION VACATING A PERMANENT PUBLIC UTILITY EASEMENTAND AGREEMENT THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council previously passed Resolution No. 2013-90A noting its interest in vacating pursuant to Minnesota Statutes' 412.851 a Permanent Public Utility Easement and Agyeement on the subject property legally described as: The north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, according to the United States Government Survey thereof and situated in Washington Cnun4-,,Mmnesota; WHEREAS, that said public utility easement located in the City of Lake Mine, County of Washington, State of Minnesota is described as follows, to -wit: A perpetual easement for public utility purposes over, under and across the following described property: Over, under and across that part of the north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, Washington County, Minnesota, except tile west 50 feet 't thereof. Said perpetual easement ties northerly and easterly of the following described line. - Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of South 00 degrees 02 minutes 54 seconds West, along the west line of said Northwest Quarter of the Southwest Quarter, a distance of 40.00 feet to the point of beginning of the line to be described; thence North 89 degrees 48 minutes 29 seconds East a distance of 597.64 feet; thence South 87 degrees 08 minutes 18 seconds East a distance of 187.72 feet, thence or 89 degrees 48 minutes 29 seconds East a distance of 483.28 feet; thence South 00 degrees 01. minutes 17 seconds East a distance of 424.06 feet to the south line of said north 474,06 feet of the Northwest Quarter of the Southwest Quarter and said line there terminating. and setting a public bearing to consider the vacation of such street; and Resolution -1013-106A WHEREAS, a public hearing to consider the vacation of such street was held on the third day of December, 2013, before the City Council in the City I'l all located at 3 )800 Laverne Avenue North at 7:00 p.m. after due published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City Clerk on the seventh day of November, 2013, and all interested and affected persons were given air opportunity to voice their concerns mid be heard; and WHEREAS, any person, corporation or public body owning or controlling casements contained upon the property vacated, reserves the right to continue maintaining the same or to enter UP013 sub way, or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and WHEREAS, the Council in its discretion has determined that the vacation rill benefit the public interest by promoting disciplined and balanced market -driven growth, and WHEREAS, four -fifths of all members of the City Council concur in this resolution; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON, MINNESOTA, that such petition for vacation is hereby granted and the easement described as follows is hereby vacated: A perpetual easement for public utility purposes over, under and across the following described property: Over, under and across that part of the north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West. Washington County, Minnesota, except the west 50 feet thereof. Said perpetual easement lies northerly and easterly of the following described line. - Commencing at the northwest corner of said Northwest Quarter of the South-west Quarter; minutes 54 seconds West, along the west line of ;aid Northwest Quarter of the Southwest Quarter, a distance of 40.00 feet to the point of beginning of the line to be described; thence North 89 degrees 48 minutes 29 seconds East a distance of 597.64 feet; thence South 87 degrees 08 minutes 18 seconds East a distance of 187.72 feet; thence North 89 degrees 48 minutes 1-9 seconds East a distance of 483.28 feet; thence South 00 degrees 01 minutes 17 seconds East a distance of 424.06 feet to the south line of said north 474,06 feet of the Northwest Quarter of the Southwest Quarter and said line there terminating. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are berebv authorized to si�no all documents necessary to effectuate the intent of this resolution. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF DECEMBER, 2013, Resolution 2013-106A EFFECTIVE DATE - AYES NAYS i�Fi ��eP-cg�son, M�ayor Wally Nelson, Council Member rye Smith, Council Member J1 Ju i Blayer, Council Member `Mike Reeves, Council Member Uvam CITY OF LAKE ELMO B 1 earson Mayor M AYfEST: elle:lr` 1 Adarn Bell City Clerk Rcsolution 2013-106A CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ss. Receipt* 773878 4009217 S46 0(_ r.9 tr: i AKi_ �_U10 C Filed andiur feo cfded on, 4009217 Officp of the County Recordet Washlrpjton County, Nflnnes�)ta I hereby certify that the foregoing RESOLUTION No. 2013-106B, A RESOLUTION VACATING A TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a duly authorized meeting thereof held on the Third day of December 2013 as shown by the minutes of said meeting in my possession. Signed and sealed by my hand this Twenty-fourth day of November 2014. Adam R. Bell City Clerk City of Lake Elmo CITY OF LAKE ELMO WASHINGTON COLJNTY STATE OF MINNESOTA RESOLUTIONNO. 2013 —106B A RESOLUTION VACATING A TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council previously passed Resolution No. 2013-90B notim g its interest in vacating pursuant to Minnesota Statute § 412.851 Temporary Construction Easement and Agreement legally described as: A temporary easement for construction purposes over, under and across that part of the north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West�, Washington County, Minnesota, except the west 50 feet thereof, Said temporary easement ties northerly and easterly of the following described line: Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of South 00 degrees 02 minutes 54 seconds West, along the west line of said Northwest Quarter of the Southwest Quarter, a distance of 90.00 feet to the point of beginning of the line to be described; thence North 89 degrees 48 minutes 29 seconds East a distance of 597.85 feet; thence South 79 degrees 36 minutes 58 seconds East a distance of 190.69 feet; thence North 89 degrees 48 minutes 29 seconds Last a distance of 408.06 feet; thence South 00 degrees 01 minutes 17 seconds East a distance of 349.06 feet to the south line of said north 474.06 feet of the Northwest Quarter of theSouthwest Quarter and said line there terminating; and setting a public hearing to consider the vacation of such stre& and 'WHEREAS, a public hearing to consider the vacation of such street was held on the third day of December, 2013, before the City Council in the City Hall located at 3800 Laverne Avenue North at 7:00 p.m. after due publisliciand posted notice had been given, as well as personal mailed notice to all affected property owners by the City Clerk on the seventh day of November, 2013, and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, any person, corporation or public body owning or controlling casements contained upon the property vacated, reserves the right to continue n1aintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace or othenvise attend there to; and WHEREAS., the Council in its discretion has deterrifined that the vacation will benefit the public interest by promoting disciplined and balanced market -driven growth: and Resolution 2013-106B WHEREAS, four -fifths of all members of the City Council ccmcur in this resolution-, NOW THEREFORE, BE IT RESOLVED BY THE CITYCOUNCH, OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON, MINNTESOTN, that such petition for vacation is hereby gamed and the easement described as follows is hereby vacated: A temporary, easement for construction purposes over, under and across that part of the north 474.06 feet, of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, Washington County Minnesota, except the west 50 feet thereof. Said temporary easement lies northerly and easterly of the following described line: Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter: thence on an assumed bearing of South 00 degrees 02 minutes 54 seconds West, along the west line of said Northwest Quarter of the Southwest Quarter, a distance of 90.00 feet to the point of beginning of the line to be described; thence North 89 degrees 48 minutes 29 seconds East a distance of 597.85 feet; thence South 79 degrees 36 minutes 58 seconds East a distance of 190.69 feet; thence North 89 degrees 48 minutes 29 seconds East a distance of 408.06 feet, thence South 00 degrees 01 minutes 17 seconds East a distance of 349.06 feet to the south line of said north 474.06 feet of the Northwest Quarter of the, Southwest Quarter and said line there terminating; BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents, necessary to effectuate the intent of this resolution. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF DECEMBER, 2013. EFFECTIVE, DATE - AYES NAYS ikc e "n, Mayor Wally Nelson, ouncil Member -7k ni n1j, I Smith, Council Member ±An§,' Fo,' J stil 0 'e C a ustit I yer, C cil Mernber 'I Mike Reeves, Council Member Resolution 2013-106B CITY OF LAKE ELMO Mavor m 5�- Aelani Bell City Clerk Resolution 2013-106B AM VIM RIZ-1 V wKwai''101M A RESOLUTION A UTTIORIZING ADOPTION OF, THE TILLAGE PLANNING AREA UPDA TE TO TTIE LAKE ELAIO 2030 COMPREHENSIVE PLAN WHEREAS, said Comprehensive Plan has been prepared in compliance with Minnesota Statutes section 473.864 that requires local goverrimental units to review and, if necessary amend their entire comprehensive plans and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, the City of Lake Elmo previously updated the Land Use and Housing chapters in its Comprehensive Plan in 2006 to include plans to extend regional sewer service into two distinct areas within the City; and WHEREAS, the City of Lake Elmo prepared further amendments to its Comprehensive Plan concerning Transportation, Surface Water Management, Water Resources, and Implementation as part of the 2008 decennial review; and WHEREAS, the City of Lake Elmo adopted -updates to the Land Use Chapter of the Comprehensive Plan that included a revised land use plan for the 1-94 Corridor to be served by regional sanitary sewer services and the Housing Chapter of the Comprehensive Plan on April 2, 2013; and WHEREAS. the City Council, City Staff, and the Planning Commission have prepared further amendment to Chapter III — Land Use concerning the Village Planning Area intended tcl meet the requirements of Minnesota Statutes and the Metropolitan Council guidelines; WHEREAS, the City conducted a public hearing on February 25, 20131 relative to the adoption of the Village Planning Area Land Use Plan amendment; and WHEREAS, the City Council has reviewed the Village PlanningAxea Comprehensive Plan amendment and those recommendations, public comments, and comments from neighboring jurisdictions and affected govenaing bodies; tn Resolution No. 2013-108 WHEREAS, the City Council granted the draft plan preliminary approval on March 5, 2013 and authorized staff to submit the plan to the Metropolitan Council for review, WHEREAS, the Metropolitan Council has reviewed and taken final action on the plan on December 11, 2013 and found that the plan meets all Metropolitan Land Planning Act requirements, conforms to regional systems plans for transportation, water resources management, and parks, and is compatible with the plans of adjacent and affected juri:sdictions. NOW THERE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City of Lake Elmo Village Planning Area Comprehensive Plan amendment is hereby adopted and put into effect. The foregoing resolution, offered by Councilmember SWIT)4_and supported ley Councilmember Ng LSo t4_, was declared and carried on the following vote: Ayes: 5- Nays: 0 Passed: December 17, 2013 Adam Bell, City Clerk 4f 0 Resolution No. 2013-108 WHEREAS, Amanis Company, LLC, P.O. Box 10811, White Bear Lake, MN, ("Applicant") has submitted an application to the City of Lake Elmo ("City") for a. Planned Unit Development (PUD) Concept Plan for a proposed planned development to be called Boulder Ponds of Lake Elmo, copies of which are on file in the City Planning Department; and WHEREAS, the proposed Concept Plan is for a planned development that includes 93 single family lots and a 64-unit multi -family dwelling on three parcels of land (PlDs: 34.029.21.33.0001, 34.029.21.32.0001 and 34.029.21.33.0002) totaling approximately 58 acres in the Stage I of the 1-94 Corridor PlanninIg Area,, and WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on December 9, 2013 to consider the request; and WHEREAS, on December 9, 2013 the Lake Elmo Planning Commission unanimously adopted a motion to recommend that the City Council approve the Boulder Ponds PUD Concept Plan; and WHEREAS, the Lake Elmo Planning Commission submitted its report and recommendation to the City Council as part of a memorandum from the Planning Department dated December 17,2013; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed Boulder Ponds PUD Concept Plan at a meeting on December 17, 2013; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the Boulder Ponds PUD Concept Plan is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 3) That the Boulder Ponds PUD Concept Plan complies with the City's Subdivision Ordinance. Resolution No. 2013-109 4) That the Boulder Ponds PUD Concept Plan coniplies with the City's PUD Ordinance. CONCLUSIONS AND DECISION Based on the foregoing, the Applicants' application for a PUD Concept Plan is granted, provided the following conditions are met: 1) The applicant must obtain permission and consent from the adjoining property owner, Bremer Bank, related to the 100' right-of-way and aligiurient of the 5t" Street minor collector road in the northwest comer of the site. The final alignment must be determined prior to the submittal of the PUD Preliminary Plan and Preliminary Plat applications. 2) The applicant must resolve the aligm-nent of the 5"' Street minor collector road in the southeast portion of the site with adjoining property owners, specifically Lennar and Dale Properties. The final alignment must be determined prior to the submittal of the PUD Preliminary Plan and Preliminary Plat applications. 3) The applicants must work with Staff to provide access to adjacent parcels where feasible in a manner that is acceptable to the City. Access locations must meet the approval of the City Engineer. 4) The applicant must acquire additional land in, the eastern portion of the site to plat single family residential Lots 14-18 as part of the Preliminary Plat application, or revise their plan accordingly. 5) Request for flexibilities related to lot size, width, setbacks and all other requirements per the City's Zoning Ordinance or Design Standards must be clarified and documented as part of the PUD Preliminary Plan and Preliminary Plat submission. All requests for flexibility must be approved by the City at PUD Preliminary Plan approval. 6) The applicant must revise the Phasing Plan to accommodate the construction of all public infrastructure adjacent to any proposed areas to be platted within said phase per the City Engineer's report dated November 20, 2013. 7) All street and median geometries must accommodate emergency vehicle access and maintenance. Applicants must demonstrate acceptable turning radii for all uniquely shaped landscape medians and cul-de-sacs. The applicant shall come to an agreement acceptable to City Staff to accommodate meandering walkways within acceptable easements or public right-of-way. All trails must be located within dedicated right-of-way, City parkland, or a 30-foot wide dedicated easement at a minimum. 9) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act. and shall acquire the needed permits from the appropriate watershed district prior to the commencement of any grading or development activity on the site. 10) Any land under which public trails are located will be accepted as park land provided the developer constructs said trails as part of the public improvements for the subdivision, and the land is located outside of any restrictive easements. 2 Resolution No. 2013-109 11) The applicant shall observe all comments and recommendations from the City Engineer documented on the Engineer's report dated November 20, 2013. Passed and duly adopted this 17"' day of December, 2013 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor VINUM 157 AZfarn Bell, City Clerk /,"' 3 Resolution No. 2013-109 ,us=, WHEREAS, the City undertakes public improvement projects from thrie to time, and may desire to defray all or a portion of the cost of the improvements against the benefiting properties; and WHEREAS, on November 16, 2010, the City adopted the Special Assessment Policies and Procedures for Public Improvements manual, to serve as the general guide for a systematic assessment process for public improvements in Lake Elmo, and WHEREAS, City staff is recommending amendments to the policy to correct minor discrepancies and amend the treatment of comer lots for street improvement projects to improve the fair and equitable distribution of costs. I . The Special Assessment Policies and Procedures for Public Improvements manual, amended December 17, 2013, a copy of which is attached hereto and made a part hereof, is hereby approved and adopted. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTHEENTH DAY OF DECEMBER, 2013. Resolution No. 2013-110