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HomeMy WebLinkAbout01 - 2006 Full Resolutions Book2006 RESOLUTIONS RESOLUTION DATE NUMBER 2006 — 001 1-3 Authorized Signatures for Payment of Funds from Lake Elmo Bank — 002 1-3 Approved Claims — 003 1-3 Adopted November 29, 2005, Comprehensive Trail Guide Plan — 004 1-3 Approved Amending the 2003 Comprehensive Plan — 005 1 — 3 Adopted 2006-2010 Capital Improvements Program — 006 1-3 Approved Rescinding Resolution 2004-074 and Establishing City Council Workshops — 007 1 — 17 Approved Claims — 008 1 — 17 Approved Claim — 009 1 — 17 Approved Ordering Improvement and Preparation of Plans for Water Systems Interconnect Phase IV Project — 010 2-7 Approved Claims — 011 2-7 Approved Partial Payment No. 4 to Chris Riley Utilities, Inc. for Water System Interconnect — Phase I — 012 2-7 Approved Partial Payment No. 2 to Chris Riley Utilities, Inc. for Water System Interconnect — Phase III — 013 2-7 Approved Partial Payment No. 3 to Chris Riley Utilities, Inc. for Water System Interconnection — Phase III — 014 2-7 Approved Partial Payment No. I to C B & I Constructors, Inc. for Elevated Water Storage Tank No. 2 — 015 2-7 Authorized Issuance, Award Sale for G. O. Equipment Certificate — 016 2-7 Approved Plans and Specifications for Water System Interconnect Phase IV Project and Ordered Advertisement for Bids — 017 2-7 Approved Shoreland Overlay District Variance for Patrick Flanagan, 4773 Olson Lake Trail — 0018 2 — 21 Approved Claims — 019 2 — 21 Ordered Preparation of Feasibility Report for Tablyn Park Neighborhood Overlay Project — 020 2 — 21 Established Municipal State Aid Highways — 021 2 — 21 Ordered Preparation of Feasibility Report for Manning Avenue from TH36 to Sanctuary Subdivision — 022 2 — 21 Approved Amended Development Agreement of Sanctuary of Lake Elmo — 023 3-6 Approved Claims — 024 3-6 Denied Zoning Variance for Kevin and Gina Haire located at 8160 Hill Trail North — 025 3 — 21 Approved the Sealing of Private Wells in the West Central Lake Elmo (WCLA) with MPCA, in conjunction with MDH — 026 3 — 21 Approved Claims — 027 3 — 21 Awarded Bid for Phase IV Water System Interconnection Project to Ellingson Drainage — 028 3 — 21 Denied Variance for Jeffrey John and Robin Scharrer Located at 7949 Hill Trail North — Section 700 — 029 3 — 21 Accepted Feasibility Report & Ordered Plans & Specifications for 2006 Street Repairs—Tablyn Park Neighborhood Street — 030 3 — 21 Authorized Action against Chris Riley Utilities, Inc. for Non - Performance of Water System Interconnect Projects I and III — 031 4-4 Approved Claims — 032 4-4 Approved Takeover Agreement with Travelers Casualty and Surety Company re: Chris Riley Utilities, Inc. — 033 4 — 18 Granted Permission to Lake Elmo Jaycees to Conduct Charitable Gambling in the City of Lake Elmo — 034 4 — 18 Approved Claims — 035 4 — 18 Ordered Improvement & Preparation of Plans 2006 Street Repairs — Tablyn Park Neighborhood — 036 4 — 18 Approved Plans & Specifications & Ordered Advertisement for Bids-Tablyn Park/Lake Elmo Heights Watermain Project — 037 4 — 18 Approved Open Space Preservation Development Final Plat, OP Final Plat & Development Agreement - Discover Crossing — 038 4 — 18 Approved Open Space Preservation Development Stage Plan, Preliminary Plat & CUP of Hidden Meadows of Lake Elmo — 039 5-2 Approved Claims — 040 5-2 Approved Claim — 041 5 — 16 Approved Variance to Front Setback and Minimum Lot Size Requirements for 8009 Hill Trail North — 042 5-2 Approved Variance to Height of Side Walls for Rockpoint Church — 043 5-2 Approved Site Plan for Rockpoint Church — 044 5-2 Approved Partial Payment No. 1 to Ellingson Drainage for Water System Interconnect — Phase IV — 045 5-2 Approved Partial Payment No. 4 to CB & I Constru4ors, Inc. for Elevated Water Storage Tank No. 2 — 046 5 — 16 Approved Claims — 047 6-6 Awarded Bid for Tablyn Park/Lake E1moHeights/31st Street Watermain Project — 048 5 — 16 Approved Final Plat & Development Agreement for tidden Meadows (fka Deer Glen) — 049 6-6 Approved Claims — 050 6-6 Awarded Bid for 2006 Crack Seal Project to L & M Services of Belgrade, Inc. — 051 6 — 6 Awarded Bid for 2006 Seal Coat Project to Alllied Blacktop — 052 6 — 20 Approved Claims — 053 6 — 20 Approved Partial Payment No. 1 to Riley Brothers Construction for Water System Interconnect — Phase I — 054 6 — 20 Approved Partial Payment No. 1 to Riley Brothers Construction for Water System Interconnect — Phase III (Jamaca Avenue, Stillwater Boulevard, & 3Is' Street) — 055 6 — 20 Received Feasibility Report & Ordering Plans & Specifications for 2006 Overlays (Irvin Court, Irvin Circle, Isle Avenue, Ivy Court & Jamaca Court) — 056 6 — 20 Received Feasibility Report & Ordering Plans & Specifications for 2006 MSA Resurfacing (45th Street, Julep Avenue & 47th Street) — 057 6 — 20 Approved Plans & Specifications & Ordering Advertisement for Bids -Northern Water Main Extension (Project extends water main from Sanctuary to Discover Crossing and from Discover Crossing to Hidden Meadows) — 058 6 — 20 Approved a Zoning Variance for John Hamerly located at 9429 Jane Road North — 059 6 — 20 Approved Preliminary Plat of HOA 2n Addition — 060 6 — 20 Approved Site Plan of Rasmussen College — 061 6 — 20 Approved Authorizatio -CDBG — 062 7-5 Approved Claims — 063 7-5 Ordered Improvement for 2006 Overlays on Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, Jamaca Court — 064 7-5 Approved Plans & Specifications for Eagle Point Blvd — 065 7-5 Approved Final Plat & Development Agreement for HOA 2° Addition — 066 7 —18 Approved Claims — 067 7 —18 Approved Claim — 068 7 — 18 Approved Plans & Specifications & Ordering Advertisement for 2006 Overlays (Irvin Ct, Irvin Circle, Isle Ave, Ivy Ct, Jamaca Ct) — 069 7 —18 Ordered Improvement for 2006 MSA Resurfacing on 45'h St, Julep Avenue and 47th St — 070 7 — 18 Approved 520 Site Plan & Zoning Variance for Lake Elmo Inn Event Center — 071 7 — 18 Approved Final Plat & Development Agreement of Park Meadows — 072 7 — 18 Approved Partial Payment No. 3 to Ellingson Drainage for Water System Interconnect — Phase IV — 073 8 — 2 Approved Claims — 074 8-2 Appointed Election Judges for the 2006 Primary and General Election — 075 8-2 Authorized Application and Primary Contact Person for MnDOT Community Roadside Landscaping Partnership Program 19 — 076 8-2 Approved Placement of a Garage Structure in Front of the Primary Structure at 5487 Jamaca Avenue North — 077 8-2 Approved Selection of Consultant for the Park System Plan Update — 078 8-2 Approved Plans and Specifications and Ordering Advertisement for Bids 2006 MSA Resurfacing (45`h Street, Jule Avenue and 47`h Street) — 079 8 —15 Approved Claims — 080 8 — 15 Approved Partial Payment No. 5 to Riley Brothers Construction for Water System Interconnect - Phase III (Jamaca Avenue, Stillwater Boulevard and 31s` Street) — 081 8 —15 Approved Partial Payment No. 1 to Park Construction Company for Tablyn Park/Lake Elmo Heights Water Main — 082 8 -15 Awarded Bid for 2006 Overlay Project — 083 8 — 15 Approved Septic Drain Field Setback Variances for John and Diana Swanson/Jet Construction at 8320 Hidden Bay Trail — 084 8 — 15 Granted CUP/Site Plat at 11501 Stillwater Boulevard North to Locate a Veterinary Clinic — 085 8 — 15 Approved Final Plat of Eagle Point Business Park 61Addition — 086 8 — 15 Approved Variance and Site Plan for C & C North America — 087 9-5 Approved Claims — 088 9-5 Approved Proposed 2006 Tax Levy, Collectible in 2007 & The Proposed 2007 Budget — 089 9-5 Approved Setting the Truth In Taxation Public Hearing Dates for 2006 Tax Levy — 090 9-5 Approved Hearing on Proposed Assessment of Water System Interconnect Phase IV Project — 091 9-5 Awarded Bid for 2006 MSA Resurfacing to Tower Asphalt — 092 9-5 Approved Zoning Variance for Richard & Eileen Bergman Located at 11459 60`h Street North — 093 TABLED9-19 Apostolic Church tabled for 12 months — 094 9-5 Recognized Lake Elmo Bank's 95 thAnniversary — 095 9-5 Approved Partial Payment No. 2 to Park Construction Company for Tablyn Park/Lake Elmo Heights Water Main — 096 9 — 19 Approved Claims — 097 9 — 19 Approved Claim — 098 9 — 19 Approved Plans & Specifications & Ordering Advertisement for Bids - Tablyn Park/Lake Elmo Plumbing Connection — 099 9 — 19 Approved Plans & Specifications & Ordering Advertisement for Bids - Tablyn Park/Lake Elmo Plumbing Connection — 100 9 — 19 Authorized Condemnation of Bergman Property — 101 10 — 3 Approved Claims — 102 10 — 3 Approved Partial Payment No. 3 to Park Construction Company for Tablyn Park/Lake Elmo Heights Water Plan — 103 10 — 3 1 Approved Partial Payment No. 7 to CB & I Constructors, Inc. Yy!l — 104 10 — 3 Approved Final Payment to G.M. Contracting, Inc. for Water System Interconnect — Phase II Project — 105 10 — 17 Adopted Assessments for Phase IV Water Interconnect Project — 106 10 —17 Awarded the Bid for the Northern Water Main Extension — 107 10 — 3 Approved Plans & Specifications & Ordering Advertisement for Bids SCADA (Supervisory Controls & Data Acquisition) —108 10 — 17 Approved Claims —109 10 — 17 Awarded Bid for Plumbing Contract A to Lakes Mechanical Services, Inc. — 110 10 — 17 Awarded Bid for Plumbing Contract B to Lakes Mechanical Services, Inc. —111 10 —17 Approved Plans for Well Sealing — Contract A — 112 10 — 17 Approved Plans for Well Sealing — Contract B — 113 11 — 8 Canvassing the 2006 Local Returns & Declaring the Winners — 114 11 — 8 Approved Claims — 115 11 — 8 Approved Partial Payment No. 4 to Park Construction Co. for Tablyn Park/Lake Elmo Heights Water Main — 116 11 — 8 Approved Partial Payment No. 8 to CB & I Constructors, Inc. for Construction of the Elevated Storage Tank No. 2 — 117 11 — 8 Approved Regarding Workers' Compensation Coverage for Elected Officials — 118 11 — 8 Adopted Assessment for the Water Interconnection Project — Phase IV —119 11 — 8 Awarded Bid for Installation of the SCADA System — 120 11 — 8 Approved Placement of a Garage Structure in Front of the Primary Structure at 11989 30th Street North — 121 11 — 8 Resolution Directing Abatement — 122 11 — 8 Adopted the Washington County All Hazard Mitigation Plan — 123 11 — 21 Approved Claims — 124 11 — 21 Authorized Certification to Washington County Auditor for Unpaid Utility Bills — 125 11 — 21 Approved Issuance of a Charitable Gambling License by State of MN to the Maplewood/Oakdale Lions - Feb 5, 2007 only — 126 11 — 21 Awarded Bid for Well Sealing Contract A Tablyn Park/Lake Elmo Heights Plumbing Connections — 127 11 — 21 Awarded Bid for Well Sealing Contract B Tablyn Park/Lake Elmo Heights Plumbing Connections — 128 11 — 21 Approved Partial Payment No. 1 to Valley Paving, Inc. for the 2006 Overlay Project — 129 11 — 21 Approved Final Plat of Farms of Lake Elmo 2 Id Addition — 130 11 — 21 Approved Final Plat of St. Croix Sanctuary 2'd Addition — 131 12 — 5 Approved Claims — 132 12 — 5 Approved Partial Payment No. 1, Change Order No. 3 and No. 4 to Park Construction Company for Tablyn Park/Lake Elmo Heights Water Main 8 rA — 13� 12 — 5 Approved Partial Payment No.4 to Riley Brothers Construction for water Systems Interconnect — Phase III (Jamaca Avenue, Stillwater Boulevard, and 31 st Street) — 134A 12 — 5 Approved Partial Payment No. 1 to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections — Contract A — 134B 12 — 5 Approved Partial Payment No. 1 to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections — Contract B — 135 12 — 5 Adopted the 20 77 General Fund Budget — 136 12 — 5 Adopted 2007 Final Tax Levy — 137 12 — 5 Tort Liability Non -Waiver of Monetary Limits — 138 12 — 5 Well Abatement — 139 12 — 5 Approved Preliminary Plat and Final Plat of Eagle Point Business Park 7th Addition — 140 12 — 5 Approved the Section 520 Site Plan of the Building Located on Block 1, Lot 2, of Eagle Point Business Park 7th Addition — 141 12 — 5 Amended the Eagle Point Business Park PUD Final Plan — 142 12 — 19 Approved Claims — 143A 12 — 19 Partial Payment No. 2, to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections - Contract A — 143B 12 — 19 Partial Payment No. 2, to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections - Contract B — 144 12 — 19 Renaming of Kindred Avenue North to Kelvin Avenue North within the Plat of Hidden Meadows of Lake Elmo — 145 12 — 19 Amended Resolution No. 88-5 Granting a CUP to Oakdale Gun Club for Outdoor Target Range in AG Zoning District — 146 12 — 19 Approved Final Plat of Discover Crossing 2° Addition — 147 12 — 19 Approved Request of Extension of Time for Fulfilling Requirements of M.S. 473.865 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-147 A RESOLUTION REQUESTING AN EXTENSION OF TIME FOR FULFILLING REQUIREMENTS OF M.S. 473.865. WHEREAS, the City of Lake Elmo 2030 Comprehensive Plan was approved by the Metropolitan Council on the 12th day of April, 2006 (the "Comprehensive Plan Approval Date"); and WHEREAS, there are conflicts between the City of Lake Elmo 2030 Comprehensive Plan and the current City of Lake Elmo Official Controls; and WHEREAS, pursuant to M.S. 473.865, Subd. 3, the City of Lake Elmo has nine (9) months from the Comprehensive Plan Approval Date to amend its Official Controls so as to eliminate conflicts between the City of Lake Elmo 2030 Comprehensive Plan and the City of Lake Elmo Official Controls (the "Conflict Review Term"); and WHEREAS, the Conflict Review Term will expire on the 11th day of January, 2007; and WHEREAS, the City of Lake Elmo will not have reconciled all relevant conflicts between the City of Lake Elmo 2030 Comprehensive Plan and the City of Lake Elmo Officials Controls by the current expiration date of the Conflict Review Term; and WHEREAS, pursuant to M.S. 473.869, the City of Lake Elmo may request the Metropolitan Council to extend the time for the City of Lake Elmo to fulfill the requirements imposed by M.S. 473.865, Subd. 3; and WHEREAS, since the Comprehensive Plan Approval Date, the City of Lake Elmo has undertaken the following procedures in order to fulfill its requirements and has experienced the following exceptional circumstances during the Conflict Review Term: 1. The City of Lake Elmo retained a consulting firm to prepare a zoning code based primarily on performance zoning criteria. After the project was completed, the City determined that this type of zoning regulation could become arbitrary and difficult to administer. The City Planner then drafted a more standard Euclidian Zoning Regulation which would apply to all property within the City of Lake Elmo. The process of first considering a Performance Zoning Regulation and then an Euclidian Zoning Regulation was time-consuming. 2. In the Fall of 2005, and the Spring of 2006, the Minnesota Department of Health conducted meetings relative to contamination which was spreading southerly and westerly from the former Washington County/Ramsey County Landfill near Jamaca and Highway 5 in the City of Lake Elmo. The contamination had polluted individual wells in the west central portion of Lake Elmo. The Minnesota Department of Health recommended that these wells be sealed and that the City provide water to serve this neighborhood. In response, the City designed, bid, and built water mains and laterals to serve the west central portion of Lake Elmo. The City is also in the process of connecting individual wells to the City's water system. The coordination of these projects consumed a considerable amount of the City's Administrator's time. 3. When the City Administrator died suddenly on October 7, 2006, the City Planner was asked to absorb the City Administrator's duties. Consequently, the City Planner could not devote full time to planning activities. 4. On the 19th day of July, 2006, the City of Lake Elmo retained the Robert Engstrom Companies and Close Landscape Architecture, Inc. to prepare a Village Area Master Plan. The scope of the contractor's duties is attached as Exhibit A. It is critical that the Village Area Master Plan be completed prior to final adoption of the City of Lake Elmo's Zoning Regulations for the Village Area. 5. On the 81h day of November, 2006, the City of Lake Elmo retained Susan Hoyt as a project director. The Project Director is to provide project management services to the Lake Elmo City Council and to the City's interim City Administrator. The Project Director has analyzed the various components involved in the implementation of the City of Lake Elmo 2030 Comprehensive Plan and has provided the report attached as Exhibit B to the City Council. 6. On the 5th day of December, 2006, the City Council authorized the preparation of a feasibility report for the extension of sanitary sewer from the vicinity of Interstate 94 and County Road 17 to the Village Area. The feasibility study will be presented to the City Council on the 20th day of February, 2007. This project is designed to satisfy some of the requirements of the Lake Elmo 2030 Comprehensive Plan. 7. Between May 22, 2006 and December 11, 2006, the Lake Elmo Planning Commission has reviewed the status of the proposed zoning regulations and the Village Area Master Plan at twenty (20) meetings and/or public hearings. Most of these public hearings and meetings were devoted to reviewing the Euclidian Zoning Regulations. 8. Between April 11, 2006 and December 19, 2006, the Lake Elmo City Council has reviewed the status of the proposed zoning regulations, the Village Area Master Plan, the efforts of the Lake Elmo City Planning Commission and the extension of sanitary sewer to the Village Area at seven (7) meetings and has received and reviewed the minutes of the Lake Elmo Planning Commission. 9. On the 5th day of December, 2006, the City Planner resigned. 10. On the 11 th day of December, 2006, the City of Lake Elmo sent out requests for qualifications for consulting services to prepare an AUAR on the Lake Elmo Village Area Master Plan. The scope of services defined in the request for qualifications is attached as Exhibit C. FN 11. Even though the City of Lake Elmo has spent considerable funds and hundreds of hours of time reviewing and drafting plans and regulations to implement the City of Lake Elmo 2030 Comprehensive Plan, it will not be able to meet the current deadline for the submission of Official Controls. The City's inability to meet the nine - month submittal deadline is due, in part, to staffing; the unexpected but necessary effort to provide water to the west central portions of the City of Lake Elmo; the sudden death of the City Administrator and the requirement that the City Planner absorb the Administrator's duties; and the resignation of the City Planner. NOW, THEREFORE, be it resolved that the Lake Elmo City Council hereby respectfully requests that the Metropolitan Council approve an extension of the Conflict Review Term from the 11th day of January, 2007 until the 12th day of July, 2007. Dated: CITY OF LAKE ELM By: _ Dean A. Johnston, Mayor ATTESTED BY: Thomas Bouthi `t, Acting ity Administrator F:\users\Janice\Jerry\LE\2030 Comp Plan Resolution- 3.doc 3 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006- P A RESOLUTION APPROVING THE FINAL PLAT OF DISCOVER CROSSING 2ND ADDITION WHEREAS, the Lake Elmo City Council considered and approved the OP Stage Plan/Preliminary Plat, Conditional Use Permit of DISCOVER CROSSING on April 18, 2006; WHEREAS, the Final Plat of DISCOVER CROSSING 2" ADDITION presented to the City Council conforms to the standards of Section 300 and Section 400 of the City Code. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does hereby approve and accept the Final Plat of DISCOVER CROSSING 2ND ADDITION, per plans staff -dated November 30, 2006 as on file with the City Administrator. ADOPTED, by the Lake Elmo City Council on the 1 t" day of De ember 2006. Dean A. Johnston, M yor ATTEST: Thomas Bouthilet, Interim Cy Administrator 4:F,. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006- 1 q5- A RESOLUTION AMENDING RESOLUTION NO. 88-5 GRANTING A CONDITIONAL USE PERMIT TO THE OAKDALE GUN CLUB FOR AN OUTDOOR TARGET RANGE IN THE AGRICULTURAL ZONING DISTRICT WHEREAS, by Resolution No. 88-5, the Oakdale Gun Club received approval for a Conditional Use Permit to operate an Outdoor Target Range located at 10386 N. loth Street, WHEREAS, by Resolution No. 9Q-58, the Oakdale Gun Club received approval for an amendment to allow construction of a caretaker residence and storage building, WHEREAS, by Resolution No. 2005-111, the Oakdale Gun Club received approval for an amendment to allow construction of an expansion to an existing storage building, WHEREAS, the Oakdale Gun Club has applied for an amendment to the existing Conditional Use Permit, WHEREAS, the applicant has submitted all the required documentation and fees for the application of such expansion of use for the existing Conditional Use Permit; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on December 11, 2006 on the application for an amendment to the Conditional Use Permit to allow construction of a 575 square foot storage building, based on plans staff dated November 13, 2006; and recommended approval of the Conditional Use Permit amendment based on the following findings: 1. The proposed CUP amendment will not result in additional impact on the public health, safety, morals or general welfare of surrounding property. Operations of the gun club will not be altered as a result of the CUP amendment. 2. Traffic impacts of the use will not change as a result of the CUP amendment. 3. Effect on public utilities and school capacity are not applicable. 4. There will be minimal changes in visual impact of the use. 5. The amendment has no impact on the Comprehensive Plan. WHEREAS, at its December 19, 2006 meeting, the Lake Elmo City Council approved the amendment to the Conditional Use Permit allowing construction of a 575 square foot storage building, based on the plans staff dated November 13, 2006; subject to the following condition: 1. That the applicant continues to comply with the conditions of Resolution No. 88-5, approving the Master Conditional Use Permit. ADOPTED, by the Lake Elmo City Council on he 191h da f Decem 2006. Dean Johnston, Mayo ATTEST: Thomas Bouthilet, Interim City Administrator �4 ; CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-144 A RESOLUTION RENAMING KINDRED AVENUE NORTH TO KELVIN AVENUE NORTH WITHIN THE PLAT OF HIDDEN MEADOWS OF LAKE ELMO WHEREAS, the City of Lake Elmo previously named a platted roadway as Kindred Avenue North within its jurisdiction which is located within Section 2, Township 29 North, Range 21 West; and WHEREAS, the City of Lake Elmo desires to rename that portion of Kindred Avenue North to Kelvin Avenue North, and wants to ensure that all local jurisdictions are aware of the change and also wants to ensure that the new name is placed in the 9-1-1 system; and WHEREAS, a Resolution is necessary to change the name of a street, and the information and the Resolution must be forwarded to the Washington County Surveyor's Office in order to effectuate the change. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo does hereby approve and accept that Kindred Avenue North which lies in those portions of Section 2 within the City of Lake Elmo as identified within the Plat of HIDDEN MEADOWS OF LAKE ELMO is hereby renamed to Kelvin Avenue North. BE IT FURTHER RESOLVED, that the City Clerk shall provide a certified copy of this Resolution to the Washington County Surveyor's Office and any other department within Washington County to ensure that the name is placed within the records of Washington County and the 9-1-1 Emergency System. ADOPTED, by the Lake Elmo City Co cil on the 1 th da Dec r 006. Dean A. Johnston, Ma or Attest: Thomas Bouthilet, Interim City Administrator 54 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-143B A RESOLUTION APPROVING PARTIAL PAYMENT NO.2, TO LAKES MECHANICAL SERVICES, INC. FOR TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS — CONTRACT B BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections — Contract B in the amount of $181,871.90, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 19th d December, 2006. /� _ Dean A. Johnston, ATTEST: Thomas Bouthilet, Interim C-ity'Administrator . Y' 4D CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-143A A RESOLUTION APPROVING PARTIAL PAYMENT NO.2, TO LAKES MECHANICAL SERVICES, INC. FOR TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS — CONTRACT A BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections — Contract A in the amount of $43,731.11, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 19th December, 2006. , {- .m Dean A. Johnston, Mayor ATTEST: homas Bouthilet, Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-142 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 365, 366, DD996 through DD1019, 30160 through 30182, were used for Staff Payroll dated December 71h, 2006; 30183 through 30244, in the total amount of $432,295.67 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 19"' day of December, 2006. Dean A. Johnston Mayor ATTEST: Thomas Bouthilet' Acting City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY. MINNESOTA RESOLUTION NO. 2006-'l q_ I A RESOLUTION AMENDING THE EAGLE POINT BUSINESS PARK PUD FINAL PLAN WHEREAS, the Nordquist Sign Company has applied for a permit to install a permanent secondary project identification sign at the southeast corner of Hudson Boulevard and Eagle Point Circle. WHEREAS, since this sign is being relocated from a location approved in the Eagle Point PUD Master Sign Plan to a location not approved in the Eagle Point PUD Master Sign Plan, United Properties has requested an amendment to the Eagle Point PUD Final Plan to include the sign location. WHEREAS, at its December 5, 2006 meeting, the City Council reviewed the amendment to the Eagle Point Business Park PUD Final Plan to permit a secondary project identification sign to be located on the southeast corner of the intersection of Hudson Boulevard and Eagle Point Circle. NOW, THERFORE, BE IT RESOLVED that the Lake Elmo City Council approves the amendment to the Eagle Point Business Park PUD Final Plan to permit a secondary project identification sign to be located on the southeast corner of the intersection of Hudson Boulevard and Eagle Point Circle, per plans staff dated November 21, 2006 as an addition to the Eagle Point Business Park Master Sign Plan, subject to the following condition: 1. The sign be set back not less than 15 feet from any property line and public street right-of-way. ADOPTED, by the Lake Elmo City Council on the h , + e ember, 2006. Dean A. Johnston, ayor ATTEST: Thomas Edward Bouthilet, Interim ity Administrator Resol EPBlvd Sign2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006- 140 A RESOLUTION APPROVING THE SECTION 520 SITE PLAN OF THE BUILDING LOCATED ON BLOCK 1, LOT 2 OF EAGLE POINT BUSINESS PARK 71h ADDITION WHEREAS, United Land, LLC has made application for a Section 520 Site Plan for construction of an office building on Block 1, Lot 2, EAGLE POINT BUSINESS PARK 7Tx ADDITION. WHEREAS, at its November 27, 2006 meeting, the Planning Commission reviewed and unanimously recommend approval of this site plan per plans that staff dated October 27, 2006, as the same on file with the City Administrator, subject to the following Conditions: Submission of a complete exterior lighting photometric plan demonstrating compliance with the City exterior lighting standards prior to issuance of a building permit. 2. Compliance with the recommendations of the City Engineer and Planning Commission. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of Lake Elmo does hereby approve the Section 520 Site Plan based upon the recommendation of the Planning Commission. ADOPTED, by the Lake Elmo City Council on the 5ch day ofb—e-cCipber 2006. Dean A. Johnston, ayor ATTEST: Thomas Bouthilet, Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006- 139 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND FINAL PLAT OF EAGLE POINT BUSINESS PARK 71h ADDITION WHEREAS, United Land, LLC has made application for a Preliminary Plat and Final Plat to create two (2) commercial building lots and one (1) Outlot on a parcel of 28.3 acres in the Business Park Zoning District. The property is legally described as Outlot A, EAGLE POINT BUSINESS PARK 5TH ADDITION. WHEREAS, at its November 27, 2006 meeting, the Planning Commission reviewed and unanimously recommend approval of this application to plat this Business Park outlot into one commercial lot of 3.7 acres and the second commercial building lot of 5.1 acres with one outlot of 19.5 acres. WHEREAS, the Preliminary Plat and Final Plat of EAGLE POINT BUSINESS PARK 7TH ADDITION was presented to the City Council at its December 5, 2006 meeting where the City Council made the following Findings: The Preliminary and Final Plat comply with the standards of the Business Park Zoning District and approved PUD Plan. 2. The Preliminary Plat and Final Plat comply with the design standards of Section 400 of the City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of Lake Elmo does hereby approve and accept the Preliminary and Final Plat of EAGLE POINT BUSINESS PARK 7TH ADDITION, per plans Staff dated October 27, 2006, as the same on file with the City Administrator subject to the following condition: Compliance with the recommendations of the City Engineer and Planning Commission. ADOPTED, by the Lake Elmo City Council on the 51h day er 2006. Dean A. Johnston, Mayor ATTEST: Thomas Bouthilet, Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-138 A RESOLUTION DIRECTING ABATEMENT ACTION WHEREAS, on March 6, 2006, the Lake Elmo City Council adopted Resolution 2006-025 which declared that all private wells located within the West Central Lake Elmo Area ("WCLE Area") are known or potential health hazards. The determination of the City Council is based upon data received from the Minnesota Department of Health, the Minnesota Pollution Control Agency, and the City's Consulting Engineer; and WHEREAS, Resolution 2006-025 also directed that the wells located within the WCLE Area be sealed and that the private dwellings within the WCLE Area be connected to the City's water system when it became available; and WHEREA, on June 6, 2006, the Lake Elmo City Council adopted Resolution 2006- 047 which awarded a contract for the construction of water main, water connections, and the sealing of wells ("Improvement Project")within the WCLE Area; and WHEREAS, the water main portion of the Improvement Project is substantially complete and the City's water system is available to the parcels within the WCLE Area; and WHEREAS, the City has sent a certified letters to the property owners within the WCLE Area requesting that the City be allowed to enter upon their property in order to connect the residential dwellings to the City's water main and to seal their private wells; and WHEREAS, the following property owners, who reside within the WCLE Area, have not responded to the City's certified mail request, and/or have indicated to the City that they will not permit the City, its contractors, and consultants to enter upon their property for the purpose of connection their homes to the City's water system and/or for the purpose of sealing their wells ("Non -Compliant Property Owners"): Have Not Given Permission Jon C. Bergstrom and Sherry J. Bergstrom 9198 31St Street North, Lake Elmo, MN 55042 WHEREAS, the known and potential health hazards, as originally determined by the adoption of City Council Resolution 2006-025 continue to exist on the parcels owned by the Non -Compliant Property Owners. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council directs the City Staff to send written notices to the Non -Compliant Property Owners indicating that such property owners have five (5) days after receipt of the notice to abate the health hazard nuisance on their property by agreeing to allow the City onto the Property to connect their dwelling units to the City's water main and to seal their private wells and, upon failure of the Non -Compliant Property Owners to abate such health hazard nuisance, and the Lake Elmo City Council further directs the City Attorney to commence the appropriate civil proceedings to require abatement of the health hazard nuisances. CITY OF LAKE ELMO By: Dean A. Johnston Its: Mayor ATTESTED BY: Thomas Bouthilet Its: Acting City Administrator F:\users\Janice\Jerry\LE\Abatement Resolution -Bergstrom. doc c)R1G(A'k 'TU -P(1\)A1y6 b t K E c Cr-)2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-137 RESOLUTION REGARDING TORT LIABILITY NON -WAIVER OF MONETARY LIMITS WHEREAS, the City of Lake Elmo obtains its liability coverage from the League of Minnesota Cities; WHEREAS, as part of the renewal process, the City must decide whether or not to waive the monetary limits on municipal tort liability as established under Minnesota Statutes §466.04; WHEREAS, the City Council has reviewed the options to waive the coverage, purchase excess liability coverage and decide not to waive the monetary limits; NOW, THEREFORE, The City Council shall not waive the monetary limits on municipal tort liability under Minnesota Statutes §466.04. ADOPTED, by the Lake Elmo City Council on December 05, 2005. Johnston, ATTEST: Thomas Bouthilet, Interim City Administrator 0 R\ C�t (n1 kC-- t r` c- t OK CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-136 RESOLUTION ADOPTIONING FINAL TAX LEVY BE IT RESOLVED by the City Council of the City of Lake Elmo, County of Washington, Minnesota, that the following sums of money be levied for the current year, collectible in 2007, upon the taxable property in the City of Lake Elmo for the following purposes: Total Levy S 2,428,600 ADOPTED, by the Lake Elmo City Council on the 5th day of December, 2006. Dean Johnston, Mayor ATTEST: Thomas Bouthilet, Intenm ity Administrator Op—tC c a A-c r z� I/� %�Lt CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-135 RESOLUTION ADOPTING THE 2007 GENERAL FUND BUDGET 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 its Truth in Taxation Hearing on December 4, 2006; WHEREAS, the Lake City Council closed the public hearing on the 2007 general fund budget at the close of the meeting on December 4, 2006 without need for continuation; BE IT RESOLVED the Lake Elmo City Council adopts the 2007 general fund budget in the amount of $3,956,308 ADOPTED, by the Lake Elmo City Council on the 5th day of December, 2006. Dean Johnston Mayor ATTEST: 01, Thomas Bouthtile Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-134B A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1, TO LAKES MECHANICAL SERVICES, INC. FOR TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS — CONTRACT B BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections — Contract B in the amount of $65,695.35, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 5th day ofDecember, ►U1I1Z1 Dean A. Johnston, Mayor ATTEST: -7Z Thomas Bouthilet, Interim City Administrator Ll T CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-134A A RESOLUTION APPROVING PARTIAL PAYMENT NO. 19 TO LAKES MECHANICAL SERVICES, INC. FOR TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS — CONTRACT A BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections — Contract A in the amount of $155,192.00, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 5th day of December, 2006. a� Dean A. Johnston, Mayor ATTEST: K Thomas Bouthilet, Inter& City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-133 A RESOLUTION APPROVING PARTIAL PAYMENT NO.6, TO RILEY BROTHERS CONSTRUCTION FOR WATER SYSTEM INTERCONNECT - PHASE III (Jamaca Avenue, Stillwater Blvd., and 31St Streets) BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 6 to Riley Brothers Construction in the amount of $53,412.88 for work improvements for the Waater System Interconnect — Phase III, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 5th day of December, 2006. i Dean A. Johnston, Mayor ATTEST: Thomas Bouthilet, Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-132 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 19 CHANGE ORDER NO.3 AND NO.4 TO PARK CONSTRUCTION COMPANY FOR TABLYN PARK/LAKE ELMO HEIGHTS WATER MAIN BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 5 to Park Construction Company in the amount of $541,852.36 for work improvements for the Tablyn Park/Lake Elmo Heights Water Main, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 5th day of December, 2006. Dean A. Johnston, Mayor ATTEST: Thomas Bouthilet, Interim City Administrator 1{q CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-131 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 361, 362, DD983 through DD995, 30072 through 30120, were used for Staff Payroll dated November 22°d, 2006; 363, 364, 30121 through 30159, in the total amount of $1,166,430.06 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 51h day of December, 2006. ATTEST: Thomas Bouthilet Acting City Administrator Dean A. Johnston Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-130 A RESOLUTION APPROVING THE FINAL PLAT OF ST.CROIX SANCTUARY 2ND ADDITION WHEREAS, the Lake Elmo City Council considered and approved the OP Stage Plan/Preliminary Plat, Conditional Use Permit of ST.CROIX SANCTUARY on October 4, 2005; WHEREAS, the Final Plat of ST.CROIX SANCTUARY 2M ADDITION presented to the City Council conforms to the standards of Section 300 and Section 400 of the City Code. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does hereby approve and accept the Final Plat of ST. CROIX SANCTUARY 2nd ADDITION, per plans staff -dated November 16, 2006 as on file with the City Administrator subject to the following conditions: 1. Compliance with the requirements of the City Engineer. ADOPTED, by the Lake Elmo City Council is 21 st, day "ovpmber, 2006. Dean A. Johnston, Ma or ATTEST: Thomas Bouthi9 t, Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-12-1 A RESOLUTION APPROVING THE FINAL PLAT OF FARMS OF LAKE ELMO 2ND ADDITION WHEREAS, the Lake Elmo City Council considered and approved the OP Stage Plan/Preliminary Plat, Conditional Use Permit of FARMS OF LAKE ELMO on July 5, 2005; WHEREAS, the Final Plat of FARMS OF LAKE ELMO 2nd ADDITION presented to the City Council conforms to the standards of Section 300 and Section 400 of the City Code. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does hereby approve and accept the Final Plat of FARMS OF LAKE ELMO 2nd ADDITION, per plans staff -dated November 16, 2006 as on file with the City Administrator subject to the following conditions: 1. Compliance with the requirements of the City Engineer. ADOPTED, by the Lake Elmo City Council this 21 st day.afNgvember, 2006. Dean A. Johnston, MayTr ATTEST: Thomas Bouthilet, Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-128 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO VALLEY PAVING INC. FOR THE 2006 OVERLAY PROJECT BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. I to Valley Paving Inc. in the amount of $168,257.99 for the 2006 Overlay Project, verified by the City Engineer. ADOPTED by the Lake Elmo C November, 2006. Dean Johnston, Ma ATTEST: 'fhomas Bouthilet, Interim City Administrator 8`1lk CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-127 A RESOLUTION AWARDING THE BID FOR WELL SEALING CONTRACT B LAKE ELMO TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS WHEREAS, pursuant to an advertisement for bids for street patching, bids were received, opened, and tabulated according to law, and the following bid was received complying with the advertisement. Contractor Base Bid E.H. Renner & Sons Inc. $408,420.00 Sampson Bros Well Co.Inc. $389,000.00 Mark. J. Traut Wells Inc. $388,200.00 Keys Well Drilling Co. $333,025.00 Kimmes-Bauer $168,705.00 AND WHEREAS, Kimmes-Bauer is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Kimmes-Bauer in the name of the City of Lake Elmo for well sealing, according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 21 Dean A. Johnston, ATTEST: Thomas �Bout�hilet, Interim City Administrator November, 2006. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-126 A RESOLUTION AWARDING THE BID FOR WELL SEALING CONTRACT A LAKE ELMO TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS WHEREAS, pursuant to an advertisement for bids for street patching, bids were received, opened, and tabulated according to law, and the following bid was received complying with the advertisement. Contractor Base Bid Mark. J. Traut Wells Inc. $396,650.00 Keys Well Drilling Co. $305,925.00 Kimmes-Bauer $173,290.00 AND 'WHEREAS, Kimmes-Bauer is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: The mayor and clerk are hereby authorized and directed to enter into a contract with Kimmes-Bauer in the name of the City of Lake Elmo for well sealing, according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 21 st day of November, 2006. L 04-( (: , i---- Dean A. Johnston, Kfayor ATTEST: Thomas Bouthilet, Interim ity Administrator RESOLUTION NO. 2006 —125 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE BY THE STATE OF MINNESOTA TO THE MAPLEWOOD/OAKDALE LIONS WHEREAS, the Maplewood/Oakdale Lions has requested that the State of Minnesota issue a One -Day (February 5, 2007) Off -Site Gambling License; and WHEREAS, the Maplewood/Oakdale Lions has requested to sell raffles and hold bingo at a location within an establishment known as the Lake Elmo Inn Event Center, located at 3712 Lake Elmo Avenue N., Lake Elmo, Minnesota; and WHEREAS, the Maplewood/Oakdale Lions comply with the Charitable Gambling rules and regulations as set forth in Section 1110.04 of the Lake Elmo Municipal Code; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo hereby approves the issuance of a charitable gambling application requested by the Maplewood/Oakdale Lions. ADOPTED, by the Lake Elmo City Council this 21 st day of November, 2006. Dean Johnston, Ma or ATTEST: Thomas Bouthilet, Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-124 RESOLUTION AUTHORIZING CERTIFICATION TO WASHINGTON COUNTY AUDITOR FOR UNPAID 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 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 a 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, and one installment 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 Deputy Clerk 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. ADOPTED, by the Lake Elmo City Council on the 21st day of November, 24- . Dean Johnston, May r ATTEST: Thomas Bouthilet, nterim ity Administrator ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-123 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 359, 360, DD960 through DD982, 29953 through 29975, were used for Staff Payroll dated November 9t", 2006; 29976 through 30030, in the total amount of $472,971.54 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 21 st day of November, 2006. homas Bou ilet, Interim eity Administrator () f,,_ (1(;;:::2,, Dean A. Johnston Mayor RESOLUTION NO. 2006-122 RESOLUTION TO ADOPT THE WASHINGTON COUNTY ALL HAZARD MITIGATION PLAN WHEREAS, the City of Lake Elmo has participated in a hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a county hazard mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Washington County Plan includes a risk assessment including past hazards, hazards that threaten the county, maps of hazards, an estimate of structures at risk, estimate of potential dollar losses for each hazard, a general description of land uses and development trends; and WHEREAS, the Washington County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Washington County Plan includes a maintenance or implementation process including plan updates, integration of plan into other planning documents and how Washington County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, FEMA has approved of the draft Plan pending final adoption by the county; and All Hazard Mitigation Plan will make the county eligible to receive Hazard Mitigation Grant Program (HMGP) project grants; and WHEREAS, the Washington County All -Hazard Mitigation Plan will make the county eligible to receive Hazard Mitigation Grant Program (HMGP) project grants; and WHEREAS, this is a multi jurisdictional Plan and cities and townships that participated in the planning process may choose to also adopt the county Plan. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo supports the Washington County hazard mitigation planning effort and wishes to adopt the All -Hazard Mitigation Plan for Washington County as presented. Adopted this 8th day of November, 2006 Mayor, City Council of Lake Elmo Attest: LAKE ELMO FIRE DEPARTMENT STATION 3170 3510 Laverne Ave. Lake Elmo, MN. 55042 (651) 770-5006 FAX # (651) 770-5620 facsimile transmittal To: Fax: STATION 3180 4259 Jamaca Ave. No. Lake Elmo, MN. 55042 (651) 779-8882 5"l-y3ar 76c) From: '���1 �t G tt ) /I p� 06 s--, Date: Re: e 3 (� _ 1 u Pages: ( including coversheet) CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle 0 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-121 A RESOLUTION DIRECTING ABATEMENT ACTION WHEREAS, on March 6, 2006, the Lake Elmo City Council adopted Resolution 2006-025 which declared that all private wells located within the West Central Lake Elmo Area ("WCLE Area") are known or potential health hazards. The determination of the City Council is based upon data received from the Minnesota Department of Health, the Minnesota Pollution Control Agency, and the City's Consulting Engineer; and WHEREAS, Resolution 2006-025 also directed that the wells located within the WCLE Area be sealed and that the private dwellings within the WCLE Area be connected to the City's water system when it became available; and WHEREA, on June 6, 2006, the Lake Elmo City Council adopted Resolution 2006- 047 which awarded a contract for the construction of water main, water connections, and the sealing of wells ("Improvement Project")within the WCLE Area; and WHEREAS, the water main portion of the Improvement Project is substantially complete and the City's water system is available to the parcels within the WCLE Area; and WHEREAS, the City has sent a certified letters to the property owners within the WCLE Area requesting that the City be allowed to enter upon their property in order to connect the residential dwellings to the City's water main and to seal their private wells; and WHEREAS, the following property owners, who reside within the WCLE Area, have not responded to the City's certified mail request, and/or have indicated to the City that they will not permit the City, its contractors, and consultants to enter upon their property for the purpose of connection their homes to the City's water system and/or for the purpose of sealing their wells ("Non -Compliant Property Owners"): Have Not Given Permission Dennis M. Et Donna M. Seigler 8244 - 27th St. N., Lake Elmo, MN 55042 Lloyd J. Zerwas 8521 North Ironwood Trail, Lake Elmo, MN 55042 Thomas H. Ft Florecita C. Regan 8875 - 27th St. N., Lake Elmo, MN 55042 WHEREAS, the known and potential health hazards, as originally determined by the adoption of City Council Resolution 2006-025 continue to exist on the parcels owned by the Non -Compliant Property Owners. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council directs the City Staff to send written notices to the Non -Compliant Property Owners indicating that such property owners have five (5) days after receipt of the notice to abate the health hazard nuisance on their property by agreeing to allow the City onto the Property to connect their dwelling units to the City's water main and to seal their private wells and, upon failure of the Non -Compliant Property Owners to abate such health hazard nuisance, and the Lake Elmo City Council further directs the City Attorney to commence the appropriate civil proceedings to require abatement of the health hazard nuisances. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON NOVEMBER 8, 2006 CITY OF LAKE ELMO By: L�4_0 Dean A. Johnston Its: Mayor ATTESTED BY: Charles E. Dillerud Its: Assistant City Administrator F:\users\Janice\Jerry\LE\Abatement Resolution-2.doc CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-120 A RESOLUTION APPROVING THE PLACEMENT OF A GARAGE STRUCTURE IN FRONT OF THE PRIMARY STRUCTURE AT 11989 30" STREET NORTH WHEREAS, pursuant to Section 300.13, Subd. 31 of the Lake Elmo Municipal Code, Dean Otteson, the property owner, has requested approval to place a 40 foot by 28 foot detached garage structure nearer the front property line than the principal structure at 11989 301h Street North, in accordance with plans received by staff October 13, 2006. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo hereby grants permission for construction of a 40 foot by 28 foot detached garage structure nearer the front property line than the principal structure at 11989 3& Street North, per plans received by staff dated October 13, 2006, subject to the following conditions 1. The property line and right-of-way line for 3Wh Street North must be located and staked. A building permit shall not be issued until the Building Official verifies that the garage will be located 30 feet or more from the front property line as identified. 2. No trees or vegetation shall be removed within the 30 foot street set back area to 30'' Street North. 3. Prior to issuance of a building permit for the garage structure the property owner shall submit a scaled drawing depicting the exact location of the proposed garage structure in relation to the 30`h Street North right-of-way line and any other structures on the site. The drawing shall also provide the location, approximate size and types of foliage and trees existing within 30 feet of the proposed garage structure, together with an indication of which trees and foliage will be removed during garage construction. 4. The old house must be removed by November 30, 2006. ADOPTED, by the Lake Elmo City Council on the to day ofNovem r 2006. Dean Johnston, May ATTEST- 001� Charles E. Dillerud, Assistant City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-119 A RESOLUTION AWARDING THE BID FOR INSTALLATION OF THE SCADA SYSTEM WHEREAS, pursuant to an advertisement for bids for the installation of the SCADA System, bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement. Contractor Base Bid Telemetry & Process Controls Inc. $66,155.00 In Control Inc. $78,180.00 Automatic Systems Co. $94,900.00 Engineer's Estimate $100,000.00 AND WHEREAS, Telemetry & Process Controls Inc. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Telemetry & Process Controls Inc., for their base bid of $66,155.00, in the name of the City of Lake Elmo for the installation of the SCADA System, according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo Cit ouncil s day o vember, 2006. Dean Johnston, Mayor ATTEST: Charles E. Dillerud, Assistant City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-118 A RESOLUTION ADOPTING ASSESSMENT FOR THE WATER INTERCONNECTION PROJECT — PHASE IV 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 improvement of Water Interconnection Project — Phase IV Lake Elmo, Minnesota. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 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 herby 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 seven (7) years, the first of the installments to be payable on or before the first Monday in January, 2007, and shall bear interest at the rate of 5.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 of Lake Elmo, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City of lake Elmo 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. 4. The Finance Director 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 tl�e-8th day o o ember, 2006. L Dean A. Johnston, yor ATTEST: ,r Charle Dillerud, Assistant City Administrator Le I MCI t I 0) rr O � 00 CVO COD COD O-(00000cNo y Echd "trn N Q CO -t co 00 Q GgERERE9 N N N N CL O O O O NLOU')LOM Lo LO LO U') U)—ZZZ N N Cn U) Cn QF- co � M N Ch C'M ce) 0C`7MC'M O CO CO CO - r- CO CO 00 d E R Z N R J c C6 L a) www Q c c c m � -7) i Z co 06 C-6 i LL O O O 0 0 0 N LO CO N O O O .- N 0 0 0 0 L UJ 0 0 0 0 y ❑ N N Ch M }p�r��r� ti U r Q N N N N W orn(3)o>O1) y (, N N N N 0 0 CD CD CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-117 RESOLUTION REGARDING WORKERS' COMPENSATION COVERAGE FOR ELECTED OFFICIALS WHEREAS, the City of Lake Elmo obtains its Worker's Compensation coverage from the League of Minnesota Cities; WHEREAS, M.S. 176.011, subd. 9, (6) provides "that municipals officers elected or appointed for a regular term of office" are considered to be "employees" for workers compensation purposes only if the city has passed an ordinance or resolution to that effect; WHEREAS, as part of the renewal process, the City must decide whether or not the Mayor & Council intent is that they will be included as employees for workers compensation purposes only; NOW, THEREFORE BE IT RESOLVED, The Mayor and Council Members of the CITY OF LAKE ELMO be covered by the Minnesota Workers' Compensation. ADOPTED, by the Lake Elmo City Council on November 08, 2006. Dean Johnston, May r ATTEST: i�nL -�Li Charles Dillerud, Assistant City Administrator 9C-" CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-116 A RESOLUTION APPROVING PARTIAL PAYMENT NO.8 TO CB&I CONSTRUCTORS, INC. FOR CONSTRUCTION OF THE ELEVATED STORAGE TANK NO.2 BE IT RESOLVED, that the Lake Elmo City Council hereby approved Partial Payment No. 8 to CB&I CONSTRUCTORS, INC. in the amount of $79,13 8.80 for the Elevated Water Storage Tank No. 2, verified by the City Engineer. ADOPTED, by the Lake Elmo City Council the 8th day of November, 2006. Dean Johnston, M or ATTEST: Charles E. Dillerud, Assistant City Administrator PP#8 Elevated Water Storage Tank#2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-115 A RESOLUTION APPROVING PARTIAL PAYMENT NO.4 TO PARK CONSTRUCTION CO. FOR TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 4 to PARK CONSTRUCTION in the amount of $103,797.97 for the Tablyn Park/Lake Elmo Heights Watermain, verified by the City Engineer. ADOPTED, by the Lake Elmo City Council the 8th day of November, 2006. La,'Lclk- — Dean Johnston, Mayor ATTEST: Charles E. Dillerud, Assistant City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-114 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 356, 357, DD948 through DD959, 29883 through 29894, were used for Staff Payroll dated October 26", 2006; 358, 29895 through 29952, in the total amount of $1,625,985.55 are hereby approved. ADOPTED, by the Lake Elmo City Council on the Bch day of November, 2006. if 0z Dean A. Johnston Mayor ATTEST: . ........ L "01. Charles Dillerud Acting City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-113 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE WINNERS OF THE 2006 LOCAL ELECTIONS WHEREAS, the Lake Elmo City Council must meet within two days of a City General Election to certify the results of the local election; and WHEREAS, the following is the results of the City General Election as they appear on the face of the election returns: PRECINCT 1 PRECINCT 2 TOTAL MAYOR 2-Year Term Dean A. Johnston 938 1388 2326 Rod Sessing 593 774 1367 Write -In Votes 5 6 11 Overvotes 2 2 4 CITY COUNCIL 2 4-Year Terms Steve DeLapp 685 1090 1775 Charlie Schneider 550 868 1418 Nicole Park 754 953 1707 Mark Deziel 618 804 1422 Write -In Votes 6 16 22 Overvotes 1 0 1 Undervotes 333 347 680 Pre -Registered 2302 2900 5202 Election Day Registration 198 180 378 TOTAL Registered 2500 3080 5580 TOTAL Voted 1641 2312 3953 PERCENT VOTED NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council declares Dean Johnston as elected as Mayor of the City of Lake Elmo, for a 2-year term, by a majority of the votes cast in the City of Lake Elmo. BE IT FURTHER RESOLVED that the Lake Elmo City Council declares Steve DeLapp and Nicole Park elected as Council members for 4-Year terms, by a majority of the votes cast for this race in the City of Lake Elmo. ADOPTED, by the Lake Elmo City Council this 8th day of November, 2006. Dean Johnston, Mayor ATTEST: Charles E. Dillerud, Assistant City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-112 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISMENT FOR BIDS TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN PROJECT - WELL SEALING (CONTRACT B ) WHEREAS, the City Engineer has prepared plans and specifications for the Tablyn Park/Lake Elmo Heights Watermain Project— Well Sealing (Contract B) and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto 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 the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 17th day of October, 2006. A. Johnston, ATTEST: OG'j"a 6-aaj Char es E. Dillerud, Assistant City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-111 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISMENT FOR BIDS TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN PROJECT - WELL SEALING (CONTRACT A) WHEREAS, the City Engineer has prepared plans and specifications for the Tablyn Park/Lake Elmo Heights Watermain Project — Well Sealing (Contract A) and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto 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 the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 17th day of October, 2006. Pean Johnston, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-110 A RESOLUTION AWARDING THE BID FOR CONTRACT B TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS WHEREAS, pursuant to an advertisement for bids for street patching, bids were received, opened, and tabulated according to law, and the following bid was received complying with the advertisement. Contractor Base Bid Lakes Mechanical Services Inc. $555,000.00 AND WHEREAS, LAKES MECHANICAL SERVICES, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Lakes Mechanical Services, Inc. in the name of the City of Lake Elmo for plumbing connections, according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 17t�October, 2006. A. Johnston, ATTEST: 0" P ncu Char es E. Dillerud, Acting City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-1 Oq A RESOLUTION AWARDING THE BID FOR CONTRACT A TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS WHEREAS, pursuant to an advertisement for bids for street patching, bids were received, opened, and tabulated according to law, and the following bid was received complying with the advertisement. Contractor Base Bid Lakes Mechanical Services Inc. $527,410.00 AND WHEREAS, LAKES MECHANICAL SERVICES, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Lakes Mechanical Services, Inc. in the name of the City of Lake Elmo for plumbing connections, according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 1 Dean A. Johnston, ATTEST: V"P- LID Charles E. Dillerud, Acting City Administrator yor ber, 2006. �a. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-108 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 353, 354, DD924 through DD947, 29798 through 29819, were used for Staff Payroll dated October 12th, 2006; 355, 29820 through 29882, in the total amount of $233,886.90 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 171h day of October, 2006. /I,- 00-� ( - Dean A. Johnston Mayor ATTEST: Charles Dillerud Acting City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-107 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS SCADA (Supervisory Controls and Data Acquisition) WHEREAS, the City Engineer has prepared plans and specifications for the Supervisory Controls and Data Acquisition which allows the well pumps and the water tower to communicate and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the November 8, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 3rd day of October, 2006. Donn A. Johnston, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-106 A RESOLUTION AWARDING THE BID FOR THE NORTHERN WATER MAIN EXTENSION WHEREAS, pursuant to an advertisement for bids for the NORTHERN WATER MAIN EXTENSION PROJECT were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, G.M. CONTRACTING, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with G.M. Contracting in the amount of $411,812.68, in the name of the City of Lake Elmo for the Northern Water Main Extension Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo Cit Council this 3rdday—ofober, 2006. Dean A. Johnston, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-105 A RESOLUTION ADOPTING ASSESSMENT FOR THE WATER INTERCONNECTION PROJECT — PHASE IV 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 improvement of Water Interconnection Project — Phase IV Lake Elmo, Minnesota. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 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 herby 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 seven (7) years, the first of the installments to be payable on or before the first Monday in January, 2007, and shall bear interest at the rate of 5.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 of Lake Elmo, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City of lake Elmo 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. 4. The Finance Director 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 o e 1 Ah day O' bed. 2006. D -an A. Johnston, Mayor ` A T TEST: Charles E. Dillerud, Assistant City Administrator r+ O O O O O O O O O O O O O O O O O O O O O O N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O co vj O CO, co M co co M CM M M M T r r r r r r CN O cy) 0 O �t -t t N N N N N N N N O O M E 0 0 0 0 0 0 C 0 0 0 0 0 C 0 0 0 0 0� O� � N Q d d �t d' V' "t� N N N N N N N N N M CA Q ER EA 64 69 EF} H? 603 C{} fA 6s ua, EH EF} ffl Ef3 (f} EF) u3, r ffl — T bq 69) GID N fl- tl- 1l- rl- ti LO N N N N t— I— hr� N m N M CO N t- -''IT V r T— T� N N M N M O T T r r O O O O r T - T O T O T N LO � LOO 0 LO � 0 LO LO LO LO � LO � � in � ,n O O LOMLOcOLOLOU') V)MLoV)VOLOLOMLOLOLOLOc0LO w a a a a a w w w w a a a a w-0 M L) O O Y 3 a in 3 a� o a� m a� co = a) �inc7)inininE �cninv�ci� cu U) `oiq J J J J J J LL a N Z j D a Cn Z ❑> U Cry m m m m •(f o 0 o o o '0 Lo Lo LO LO m m m m LO >>> >+ O O O o >• M L N C Q O O 'o Q cn W M 0 M 0.� 3 3 3 3 w 0 0 w 3 q �.c M M M Co 3 3 3 3 .L L L L L (� M M M L a) co 3 L r- m cnOOOOOai=_=0000 .CD COD- 0 ct m 0) z U CO M M N N LO CO OF O) O ti N M co � co CU iy .C.-nF .O.F .6-.�. .O.F - O V V V V rY . CO CO N w O It It V cY m CO T In Il- L7 U � J O U � J U) UUUU U it (D N a) J c --J a) a) N a) U J •U f6 ❑ ❑ ❑ ❑ ❑ W C ❑ ❑ ❑ ❑ y O a O O O C ,Jj N O O O t O J J J J J � W '(D (D J J .J J �[ E E E E = a) a) -p O O O o 0- >+ LOO o 5,00w w w wJa> p ❑ a a pO CD pa) M0 M0 M0 M0 M0 U J J J J J J L M co co M (7 ❑ i- 2 Cn LL LL a J _1 J J W U M In M O co L Q> Q LO ti R z M z 0ff) i cn E a) J cn d C C E O C O C Q) ❑ Q) ❑ LO CD I� CX) r N M "t M CO m O O t- M M O T N T M •- �- T r N N N N N N N N M M O O r T 0 0 0 N O O O O O O O O O O O O O O O O O O O O O L UJ O O O O O O O O O O O O O O r y . v O.F � OF O O O O O Q T T T r T r l! r T r r T r 44 4 N N �O�t�t�a d ct�� Ltd d d �t�t�td rPITN'IT 1t V r r T r T r T r r T r r T T r r r r T r T 0 N N N N N N N N N N N N N N N CV N N N N N LW rnrnrnrn�rnrnrnrnrnD�rnrnrnrnrnrnrnrnairn t7 N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD CO O co co O CO m Cfl CD co Cfl co CD CD CD CD O CD CO CD r r T r r r r r T r r T r r r r r T T r T CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-105 A RESOLUTION ADOPTING ASSESSMENT FOR THE WATER INTERCONNECTION PROJECT — PHASE IV 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 improvement of Water Interconnection Project — Phase IV Lake Elmo, Minnesota. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 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 herby 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 seven (7) years, the first of the installments to be payable on or before the first Monday in January, 2007, and shall bear interest at the rate of 5.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. 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 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 of Lake Elmo, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City of lake Elmo 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. 4. The Finance Director 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 o f'I. day of O be , 2006. aA— D an A. Johnston, Mayor ATTEST: Ot, " �p C Charles E. Dillerud, Assistant City Administrator o O m m m N N N ' ' M O O o O V M ID n O N (D It N N In m M V Y- 00000000000000000000000000 W v MV V v v v MV v v v N N N N N N N N N O 0 ON fND r O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 (7> l C 1 W a a D) t o fn vvvaaavvvvNNNNNNNNN•!<O M•i'MOD N WN N N a fnvi6406senfnrn6-,�tav�»406a0v�0016qw»en6»e4f4 0 m m m m oomaom ¢ddc m m m m ammrmm n n n n Y Y Y Y Y Y Y Y Y Y r<< Y mmmm�mm<<mmm aaaa¢aaa-mmm m m a- V- IL ¢ wwWwwwwwwwaa<aw O----220000mmmm— UA lL LL LL LL LL LL LL. 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CONTRACTING, INC. FOR WATER SYSTEM INTERCONNECT — PHASE II PROJECT BE IT RESOLVED, that the Lake Elmo City Council hereby approves the Final Payment to G. M. Contracting, Inc. in the amount of $18,448.33 as recommended by the City Engineer in his letter dated, September 28, 2006. ADOPTED by the Lake Elmo City Coun '1 the 3rd d of O er, Dean A. Johnston, May CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-103 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 7 TO CB & I CONSTRUCTORS, INC. BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 7 to CB & I Constructors, Inc., in the amount of $109,346.43 for work improvements for the Elevated Water Storage Tank No. 2, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 3`d day of October, 2006. Dean A. Johnston, Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-102 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 3 TO PARK CONSTRUCTION COMPANY FOR TABLYN PARK/LAKE ELMO HEIGHTS WATER MAIN BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 3 to Park Construction Company in the amount of $472,571.77 for work improvements for the Tablyn Park/Lake Elmo Heights Water Main, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 3`d day of Octo Dean A. Johnston, A T n- y�- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-101 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 350, 351, DD910 through DD923, 29733 through 29745, were used for Staff Payroll dated September 28th, 2006; 352, 29746 through 29797, in the total amount of $818,448.30 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 3rd day of October, 2006. Dean A. Johnston Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NUMBER '�)Q0(' /C C A RESOLUTION AUTHORIZING CONDEMNATION OF BERGMAN PROPERTY RECITALS WHEREAS, the City has authorized the construction of 2006 water system interconnect projects (collectively "2006 Improvement Project"); and WHEREAS, Richard Bergman and Eileen Bergman ("the Bergmans") are the record fee owners of the following -described real property ("Bergman Property") situated in Lake Elmo, Washington County, Minnesota, to -wit: Tax Parcel No. 01-02-92-121-0005; WHEREAS, in order to construct the 2006 Improvement Project, the City needs to acquire a permanent easement for the construction, maintenance, operation, inspection, and repair of a water main and public utilities, together with a permanent easement for ingress and egress at any and all times with all machinery, tools, equipment, vehicles and materials necessary over, under and across the following portion of the Bergman Property: Commencing at the northwest corner of Section 1, Township 29 North, Range 21 West; thence south a distance of 295.98 feet to the southerly right-of-way line of Minnesota Trunk Highway 36; thence easterly along said southerly right-of-way line a distance of 2155.70 feet to the point of beginning of the centerline of a 20 foot wide easement; thence south 00 degrees 49 minutes 38 seconds east, a distance of 550.00 feet and there terminating ("Bergman Easement"); WHEREAS, the City has obtained a market value appraisal of the Bergman Easement; has provided Bergmans with a copy of the market value appraisal; has met with the Bergmans to discuss the acquisition of the Bergman Easement; and has provided a written offer to purchase the Bergman Easement for a value in excess of the market value appraisal; and WHEREAS, the Bergmans have not yet responded to the City's written offer to purchase; and WHEREAS, it is critical that the City acquire the Bergman Easement in an expedient manner. NOW, THEREFORE, be it resolved that the City Attorney is hereby authorized to commence an eminent domain proceeding to acquire the Bergman Easement pursuant to MS § 117.042, the "quick take" process. Dated: September; 2006 FAusers\CAROLE\ pf\res re bergman prop.wpd CITY OF LAKE ELMO Dean Johnston Its Mayor K CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006- qi A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS TABLYN PARK/LAKE ELMO PLUMBING CONNECTION WHEREAS, the City Engineer has prepared plans and specifications for the Tablyn Park/Lake Elmo Heights Plumbing Contract (Contract B) and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the id—ll-, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 19th day of September, 2006 Dean A. Johnston, A ---n- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-098 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS TABLYN PARK/LAKE ELMO PLUMBING CONNECTION WHEREAS, the City Engineer has prepared plans and specifications for the Tablyn Park/Lake Elmo Heights Plumbing Contract (Contract A) and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the 10-k-1 -, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 19th day of September, 2006. Dean A. Johnston, ATTEST: q A () CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-097 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Number 29732, in the total amount of $270.00 is hereby approved. ADOPTED, by the Lake Elmo City Council on the 19"' day of September, 2006. Dean A. Johnston Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-096 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 348, 349, DD885 through DD909, 29655 through 29677, were used for Staff Payroll dated September 141", 2006; 29654, 29678 through 29731, in the total amount of $889,574.74 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 19"' day of September, 2006. can A. Johnston Mayor ATTEST: 7� CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-095 A RESOLUTION APPROVING PARTIAL PAYMENT NO.2 TO PARK CONSTRUCTION COMPANY FOR TABLYN PARK/LAKE ELMO HEIGHTS WATER MAIN BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 2 to Park Construction Company in the amount of $537,058.69 for work improvements for the Tablyn Park/Lake Elmo Heights Water Main, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 5th o ptember, 2006. 11 /1 Dean A. Johnston, ATTEST: Jk-t Qrn/gi 6;Veti CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-094 A RESOLUTION CONGRATULATING LAKE ELMO BANK ON ITS 951h ANNIVERSARY WHEREAS, the Lake Elmo Bank has continuously served the business and resident financial needs in the East Metro Area since 1911; and, WHEREAS, the Lake Elmo Bank has been, and continues to be, an outstanding corporate citizen of Lake Elmo. NOW THEREFORE BE IT RESOLVED by the Lake Elmo City Council that it should and hereby does congratulate the owners and employees of the Lake Elmo Bank on 95 years of service to the community. ADOPTED by the Lake Elmo City Council this 5th day of September, 2 Dean A. Johnston, ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-092 A RESOLUTION APPROVING A ZONING VARIANCE FOR RICHARD AND EILEEN BERGMAN LOCATED AT 11459 60TH STREET NORTH WHEREAS, Richard and Eileen Bergman, 11459 60th Street North, has made application for a zoning variance to allow a second accessory structure on an RR zoned parcel. WHEREAS, at its August 28, 2006 meeting, the Planning Commission reviewed and recommended approval of a variance to allow two existing accessory structures on an RR zoned parcel based on the following findings: 1. The property can not be put to a reasonable use without the granting of the variance requested. 2. The variance requested relates to divisions of lands undertaken three decades ago, by parties than the applicants responsive to zoning standards that differ from those of 2006. In addition, the 1970's land division actions illegally created a non -conformity (accessory structure on a parcel without a principal structure) that will be mitigated by the proposed variance, and therefore the circumstances are unique to these properties. 3. Granting of the variances will not change the essential character of the neighborhood. The two accessory structures already exist. WHEREAS, at its September 6th meeting, the Lake Elmo City Council reviewed the zoning variance to permit Richard and Eileen Bergman to locate two accessory buildings on an RR zoned parcel. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council approves the zoning variance for Richard and Eileen Bergman, 11459 601h Street N., to allow two existing accessory structures on an RR zoned parcel based on the Findings and subject to the following condition specified by the August 24, 2006 Planning Staff Report. Approval of a Minor Subdivision, or a waiver of platting by the City Council, to create the new parcel that would contain the house and the two accessory structures. ADOPTED BY THE Lake Elmo City Council the 6t' day of September, 2006. 1� 'It4—a 2 - Dean A. Johnston, Mayo ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-091 A RESOLUTION AWARDING THE BID FOR THE 2006 MSA RESURFACING WHEREAS, pursuant to an advertisement for bids for the 2006 MSA RESURFACING PROJECT, bids were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, Tower Asphalt, Inc. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Tower Asphalt, Inc. for their base bid of $236,501.45, in the name of the City of Lake Elmo for the 2006 MSA RESURFACING PROJECT according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo ATTES j r e 'City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-090 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT WHEREAS, by a resolution passed by the Council, the city clerk was directed to prepare proposed assessment of the cost of the Water System Interconnect Phase IV Project. AND WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in his office for public inspection, 1. A. hearing shall be held on October 3, 2006 in the city hall at 7 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. 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, 3. 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 of such property, with interest accrued to the date of payment, to the City of Lake Elmo except that no interest shall be charged if the entire assessment is pad within 30 days from the adoption of the assessment. He may at any time, thereafter pay to the City of Lake Elmo 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 this 5t' ay o p e 2 06. nPnn A. Johnston, Mnunr CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-089 A RESOLUTION SETTING THE TRUTH IN TAXATION PUBLIC HEARING DATES FOR 2006 TAX LEVY WHEREAS, the City is required to set public hearing dates for the truth in taxation hearing on the 2007 budget and tax levy; and WHEREAS, these dates cannot conflict with those dates for school districts and other taxing districts within the City of Lake Elmo or Washington County; and WHEREAS, the City needs to set dates for the initial truth in taxation hearing date, and a proposed continuation hearing date should one be necessary. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City of Lake Elmo has set December 4, 2006 at 7:00 p.m. as the initial truth in taxation public hearing date and December 11, 2006 at 5:30 p.m. as the continuation date for the truth and taxation public hearing, if necessary, for the final adoption of the levy and budget. ADOPTED, by the Lake Elmo City Council on the 5th day of September, 2006. Dean Johnston Mayor o-, ; ve ` r CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-088 RESOLUTION APPROVING PROPOSED 2006 TAX LEVY, COLLECTIBLE IN 2007 & THE PROPOSED 2007 BUDGET WHEREAS, the City Council has conducted budget council and committee meetings; WHEREAS, the City is required to adopt a proposed budget for payable 2007 and certified it's proposed property tax levy for payable in 2007. BE IT RESOLVED that the City adopts the proposed 2007 Budget, BE IT 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 2007, upon taxable property in the City of Lake Elmo, for the following purposes: Total Levy $ 2,428,600 BE IT RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota. ADOPTED, by the Lake Elmo City Council on the 5th day of September, 2006. Mayor ATTEST: yk CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-087 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 343, 344, DD848 through DD870, 29560 through 28587, were used for Staff Payroll dated August 17th, 2006; Claim Numbers 345, 346, DD871 through DD874, 29588 through 29598, were used for Staff Payroll dated August 31", 2006; claims 347, 29599 through 29653, in the total amount of $991,968.60 are hereby approved. 5�rc�,loz� ADOPTED, by the Lake Elmo City Council on the 5th day of Avgnst, 2006. Dean A. Johnston Mayor A 'T'TT.' 0 9r . City of Lake Elmo Washington County, Minnesota RESOLUTION NO. 2006-086 A RESOLUTION APPROVING THE VARIANCE AND SITE PLAN FOR C & C NORTH AMERICA WHEREAS, the Lake Elmo Planning Commission, at its July 24, 2006 meeting conducted a Public Hearing where they reviewed the Variance Application and Section 520 Site Plan for C & C North America on Outlot C, EAGLE POINT BUSINESS PARK, and recommended approval with conditions. WHEREAS, the Lake Elmo City Council, at its August 2, 2006 meeting reviewed the Variance Application and Section 520 Site Plan for C & C North America on Outlot C, EAGLE POINT BUSINESS PARK, the recommendation of staff and the Planning Commission, and made the following Findings with regard to the Variance Application: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested results from a circumstance unique to this property. The brief sharp meander of the tributary stream - which otherwise flows generally straight - adjacent to a portion of the site places an unreasonable burden on the design of the site and placement of structures. 3. Granting of the variance will not change the essential character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo does hereby approve the Variance Application and Section 520 Site Plan for C & C North America at Outlot C, EAGLE POINT BUSINESS PARK in accordance with plans staff dated July 19, 2006 and July 27, 2006, subject to the following conditions: Conditions 1. Compliance with the recommendations of the City Engineer and City Attorney — specifically regarding surface water drainage. 2. Compliance with recommendations of the South Washington Watershed District that are found to be reasonable and practical by the City Engineer. 3. City Council approval of the variance for structure setback to the OHW. 4. Elimination of the 15 off-street parking spaces at the west site periphery, and substitution of "Proof of Parking" at that location to be constructed in the future only upon City approval 5. Compliance with the parking landscape island requirements as prescribed by Section 300.13 Subdivision 6B of the City Code. 6. All exterior lighting fixtures (including any "wall paks") shall be of a full cut-off design. The applicant shall submit manufacturer cut sheets for all exterior light fixtures for City Staff confirmation of compliance prior to issuance of any Building Permit. 7. Compliance with the landscape plan surety requirements of Section 520, Subdivision 1C of the City Code. 8. Provide a landscape plan for stream bank restoration acceptable to the DNR. 9. Comply with the Business Park District Performance Standards with respect to exterior surfaces. ADOPTED, by the Lake Elmo City Council on the 15th day of August, 2006. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-085 A RESOLUTION APPROVING THE FINAL PLAT OF EAGLE POINT BUSINESS PARK 61" ADDITION WHEREAS, at its April 4, 2000 meeting, the Lake Elmo City Council reviewed and recommended approval of United Properties application for a Final Plat and Development Agreement of EAGLE POINT BUSINESS PARK. WHEREAS, United Land LLC has made application to replat a parcel within EAGLE POINT BUSINESS PARK, the legal description of said parcel being Outlot C, EAGLE POINT BUSINESS PARK (Torrens Certificate No. 55289). WHEREAS, at its August 2, 2006 meeting, the City Council reviewed the Final Plat of EAGLE POINT BUSINESS PARK 6TH ADDITION. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of Lake Elmo does hereby approve and accept the Final Plat for EAGLE POINT BUSINESS PARK 6' ADDITION, as the same on file with the City Administrator, based on the following conditions. Compliance with the recommendations of the City Engineer. ADOPTED by the Lake Elmo City Council on the 15th day Dean A. Johnston, Ma ATTEST: M AinJ.afferty, ity inistr or 4, AA D 4.--3 C CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-084 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT/SITE PLAN AT 11051 STILLWATER BOULEVARD NORTH TO LOCATE A VETERINARY CLINIC WHEREAS, Dr. John Baillie and Gary Harty have requested a Conditional Use Permit at 11051 Stillwater Boulevard North to locate a Veterinary Clinic in the General Business Zone. WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on August 14, 2006, and reviewed and recommended approval of the Conditional Use Permit/Site Plan for a Veterinary Clinic based on the following findings: 1. A Conditional Use Permit for a veterinary clinic in the General Business Zone is allowable per Section 300.07, Subdivision 4H1e of the Zoning Ordinance. 2. The required general Findings for a Conditional Use Permit specified by Section 300.06, Subdivision 4 of the Zoning Ordinance can be made in the affirmative, subject to several conditions related to the operations of the veterinary clinic. 3. The Section 520 Site Plan for parking and drive modifications to the site generally complies with applicable provisions of the City Code. NOW, THEREFORE, BE IT RESOLVED, by the Lake Elmo City Council hereby approves a Conditional Use Permit/Site Plan at 11051 Stillwater Boulevard North to locate a veterinary clinic, based on the Findings and subject to the following conditions: 1. Barking dog complaints shall be reviewed by the City Council and may be the basis for revocation of this CUP if such conduct creates a nuisance to adjoining property — as determined by the City Council. 2. Site modifications shall be consistent with the Section 520 Site Plan staff dated August 9, 2006 as may be modified by the conditions of the Site Plan approval resolution. 3. The septic system for the subject property shall be in compliance with City regulations and shall be determined to be in compliance by the Building Official prior to occupancy responsive to this CUP. 4. There shall be no outside kennels or animal runs. 5. All disposals of animal parts and waste shall be in compliance with applicable State, County, and City laws. 6. Specific veterinary practices permitted by this CUP shall be limited to veterinary medicine, surgery, dentistry, and related service for small domestic and non - domestic household pets. 7. The Site Plan shall be modified to convert at least six proposed off-street parking space to "Proof of Parking to be constructed only if directed by the City. All existing parking area located within the Highway 5 right-of-way shall be removed, including any impervious surfacing related to such parking. 8. Compliance with any recommendations of the City Engineer and City Attorney. 9. Upon occupancy of this site as a veterinary clinic the Conditional Use Permit for a veterinary clinic issued to John N. Baillie at 3417 Lake Elmo Avenue (Resolution 97-54) shall expire and become null and void. ADOPTED by the City Council this 15th day of A st, 6. Dean A. Johnson Mayo All that part of Lot 1, County Auditor's Plat No. 8, Washington County, Minnesota, described as follows: Beginning at the quarter -section corner on the west side of Section 13, Township 29 North, Range 21 West, thence north along the west line of said Section 13, 329.64 feet to a stone monument on the southerly side of the St. Paul and Stillwater Road; thence N55°l6%2'E along the said southerly line of said Road 464.63 feet to the northwest corner of a tract of land conveyed by James S. Collopy and wife to William Albrecht by Warrant Deed dated and acknowledged June 11, 1910, and recorded in the office of the County Recorder in and for said Washington County in Book 76 of Deeds, page 148, to the place of beginning; thence south along the west line of said land 261.6 feet to the southwest corner of said land; thence S72°48' W 225 feet to a point; thence north along a line parallel to the said west line of said Section 13 to a point in the said southerly line of said St. Paul and Stillwater Road; thence N55'16VE along the said southerly line of said road to the place of beginning. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-083 A RESOLUTION APPROVING SEPTIC DRAIN FIELD SETBACK VARIANCES REQUESTED BY JOHN AND DIANA SWANSON/JET CONSTRUCTION AT 8320 HIDDEN BAY TRAIL NORTH WHEREAS, John and Diana Swanson/Jet Construction has made application to the City of Lake Elmo for a variance from drain field setback standards to the property line (3 feet where 10 feet is required) and an existing detached garage (3 feet where 20 feet is required) at 8320 Hidden Bay trail North, Lake Elmo, Minnesota. WHEREAS, the Lake Elmo Planning Commission considered these variance requests at its August 14, 2006 meeting, and recommended that the variances be granted based on the following Findings: 1. The property can not be put to reasonable use without the granting of the variance requested. The property can not be put to any continued residential use without a properly functioning septic system. As a platted parcel with an existing home, residential use is a reasonable use of the property. 2. The variance requested does result from circumstances unique to this property related to the location of the existing septic system in 1980. There is no alternative location feasible for the system reconstruction and enlargement required to render the system fully functional. 3. Granting of the variance will not change the essential character of the neighborhood since all proposed improvements will be below grade. WHEREAS, the Lake Elmo City Council reviewed the septic drain field setback variances requested by John and Diana Swanson/Jet Construction, 8320 Hidden Bay Trail North, at the August 15, 2006 meeting. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council hereby approves septic drain field setback variance requested by John and Diana Swanson/Jet Construction, 8320 Hidden Bay Trail North, based on Findings of the August 9, 2006 Planning Staff Report and plans staff dated August 9, 2006. ADOPTED by the Lake Elmo City Council on August 15, 2006 Dean A. Johnston, Mayor A TTTIO'P. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-082 A RESOLUTION AWARDING THE BID FOR THE 2006 OVERLAY PROJECT WHEREAS, pursuant to an advertisement for bids for the 2006 OVERLAY PROJECT were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, VALLEY PAVING, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: The mayor and clerk are hereby authorized and directed to enter into a contract with VALLEY PAVING, INC. in the amount of $208,318.00, in the name of the City of Lake Elmo for the 2006 OVERLAY Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this l 5th�day o Au -gust, 2006. Dean A. Johnston, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-081 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO PARK CONSTRUCTION COMPANY FOR TABLYN PARK/LAKE ELMO HEIGHTS WATER MAIN BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Park Construction Company in the amount of $627,532.95 for work improvements for the Tablyn Park/Lake Elmo Heights Water Main, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 15 b-day Hof August, 2006. Dean A. Johnstofi, Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-080 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 5 TO RILEY BROTHERS CONSTRUCTION FOR WATER SYSTEM INTERCONNECT — PHASE III (Jamaca Avenue, Stillwater Boulevard and 31St Street) BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 5 to Riley Brothers Construction in the amount of $178,642.75 for work improvements to the Water System Interconnect Project— Phase III, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 15t f August, 2006. _ Dean A. Johnston, Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-079 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 341, 342, DD835 through DD847, 29494 through 29504, were used for Staff Payroll dated August 3`d, 2006; 29505 through 29559, in the total amount of $917,087.81 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 15"' day of August, 2006. Dean A. Johnston Mayor ATTEST: qE) CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-78 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 2006 MSA RE -SURFACING (45th Street, Julep Avenue and 47th Street) WHEREAS, the City Engineer has prepared plans and specifications for the 2006 MSA Re -SURFACING (45 Street, Julep Avenue and 47th Street) and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the September 5, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 2nd day of August, 2006. Dean A. Johnston, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-0'77 A RESOLUTION APROVING THE SELECITON OF CONSULTANT FOR THE PARK SYSTEM PLAN UPDATE WHEREAS, the City of Lake Elmo sent out invitations to six consulting firms for a proposal for the Park System Plan Update; WHEREAS, on July 17, 2006 the Lake Elmo Park Commission interviewed the three finalists consulting firms; WHEREAS, at a Special Park Commission meeting on July 25, 2006, the Commission unanimously adopted a recommendation to the City Council that the firm TKDA be contracted to complete the update of the 1990 Park System Plan. WHEREAS, on August 2, 2006, the Lake Elmo City Council confirms the Park Commission's recommendation and authorizes the Mayor and City Administrator to enter into a contract for services with TKDA as consultant for the Park System Plan Update. ADOPTED by the Lake Elmo City Council on Augus , 20 �. Johnston, Mayo CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-076 A RESOLUTION APPROVING THE PLACEMENT OF A GARAGE STRUCTURE IN FRONT OF THE PRIMARY STRUCTURE AT 5487 JAMACA AVENUE NORTH WHEREAS, pursuant to Section 300.13, Subd. 31 of the Lake Elmo Municipal Code, Bruce and Stephanie Landsem, the property owners, have requested approval to place a detached garage structure nearer the front lot line than the principal structure at 5487 Jamaca Avenue North, in accordance with plans staff dated July 27, 2006. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo hereby grants permission for construction of a garage structure nearer the front lot line than the principal structure at 5487 Jamaca Avenue North. ADOPTED, by the Lake Elmo City Council on the 2nd day of August, 2006. Dean A. Johnston, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-075 A RESOLUTION AUTHORIZING APPLICATION AND PRIMARY CONTACT PERSON FOR MN/DOT COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM WHEREAS, the City of Lake Elmo will act as the sponsoring unit for the project identified as State Highway 5/Carriage Park Landscaping Project on the state trunk highway 5 to be conducted during the period August through November. WHEREAS, Anne Smith is hereby authorized to apply to the Minnesota Department of Transportation for funding of this project on behalf of the City of Lake Elmo. ADOPTED BY the Lake Elmo Council o the 2nd ay of Au ust, 2006. Dean A. Johnston, Mayor I certify that the above resolution was adopted or approved by the City Council of the City of Lake Elmo on August 2nd, 2006. Signe (signature) itle) (date) qC. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-074 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2006 PRIMARY AND GENERAL ELECTION WHEREAS, the City of Lake Elmo is dependent upon and appreciative of citizen assistance for its election process and, WHEREAS, the Lake Elmo 2006 Primary and General Election Judge appointments consists of individuals recommended by the City Clerk with the approval of the majority of the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Council do hereby approve the following appointments for the 2006 Primary and General Election Judges and set the wages for their services at $11.00/Hour to the Head Judges, $10.00/Hour Assistant Judges and $9.00/Hour to all other judges. Precinct 1:Joyce Mehsikomer, Jim Beers, Don Meyer, Audrey Olsen, Betty Herzfeld, Michelle Deziel, Bruce Weeks, Violet Wagoner, Florence Bergloff, Diane Allen, Paul Ryberg, Carol Crimmins, Tom Walker, Gloria Knoblauch, Budd Schneider, Jim Allen Jan Krueger, Jim Roth, Linda Wagner, Vicki Bias Precinct 2: Nancy Hansen, Eloise Evenson, Wil Hirsch, Wendy Loos, Jackie Pierre, Pat O'Donnell, Joseph Dardis, Phyllis Paulson, Karen Meister, Ruth Pallmeyer, Keith Bogut, Barb Holm, June Brogren, Kathy Lohmer, Barb Kiesling, Loren Johnson, Suzanne Haugen, Ginny Johnson, Dick Johnson, Debbie Dean ADOPTED BY THE CITY COUNCIL OF THE CITY AKE LMO THIS 2" DAY OF AUGUST, 2006. OA— Dean A. Johnston, Mayor #fin f"kafferty, r Ad�1," 44. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-073 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 338, 339, DD822 through DD834, 29439 through 29454, were used for Staff Payroll dated July 20th, 2006; claims 340, 29455 through 29493, in the total amount of $406,796.16 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 2" d day of August, 2006. 1)aa'. L Dean A. Johnston Mayor ATTFCT- ec . CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-072 A RESOLUTION APPROVING PARTIAL PAYMENT NO.3 TO ELLINGSON DRAINAGE FOR WATER SYSTEM INTERCONNECT — PHASE IV BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 3 to ELLINGSON DRAINAGE in the amount of $30,236.17 for work improvements to the Water System Interconnect Project — Phase IV. ADOPTED by the Lake Elmo City Council the 18t ay o ly, 2006. r�. I Dean A, Johnston, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006--071 A RESOLUITON APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT OF PARK MEADOWS WHEREAS, Barbara Berquist and J. P. Bush Homes, ("Applicants") submitted a completed application requests that the City of Lake Elmo approve an Residential Estates Final Plat and Development Agreement to be known as PARK MEADOWS. The parcel is legally described as follows: Parcel Legal Description: The Southwest Quarter of the Northwest Quarter of Section 14, Township 29 North, Range 21 West, except the Westerly 33 feet thereof, and except the North 660.00 feet of the East 660.0 feet of the Southwest Quarter of the Northwest Quarter, and also excepting a tract of land for roadway 66 feet in width (North to South), the South line of which is described as follows: Commencing at the intersection of the centerline of Old Minnesota State Trunk Highway 212 (now known as Meadowlark Lane) and the East line of the Northwest Quarter of the Southwest Quarter of said Section 14, thence North along said East line a distance of 766.9 feet to a point on the East and West Quarter line of said Section, said point being the East termination point of the said South line of said roadway, running thence West on said East and West Quarter Section line 461.2 feet to the West termination point of said South line of said roadway. WHEREAS, at its September 6, 2005 meeting, the City Council reviewed and recommended approval of the Preliminary Plat of PARK MEADOWS for an eight lot (RE) Residential Estates subdivision. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby: Approves a Residential Estates Final Plat and Development Agreement for PARK MEADOWS as illustrated on J.P. Bush Homes survey prepared by Landmark Surveying, Inc., staff dated October 28, 2005, with the following conditions: 1. Compliance with the recommendations of the City Engineer and Valley Branch Watershed District. 2. Compliance with the recommendation of the City Attorney. WHEREAS, at its November 1, 2005 meeting, the City Council reviewed and approved the Final Plat of PARK MEADOWS for an eight lot (RE) Residential Estates subdivision. WHEREAS, at the Lake Elmo Municipal Code requires recording of plats within 120 days of approval or that approval becomes void, and more than 120 days has passed without the plat of PARK MEADOWS being recorded. WHEREAS, the developer, Joseph Bush of J.P. Bush Homes has requested reapproval of the Final Plat of PARK MEADOWS. THEREFORE BE IT RESOLVED, the Lake Elmo City Council approves the Final Plat of PARK MEADOWS. This approval is void if the plat is not recorded within 120 days. ADOPTED by the Lake Elmo City Council on e 18th a of uly, 2006. Dean A. Johnston, kfayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-070 A RESOLUTION APPROVING THE 520 SITE PLAN AND ZONING VARIANCES FOR THE LAKE ELMO INN EVENT CENTER WHEREAS, at its July 10, 2006 meeting, the Lake Elmo Planning Commission reviewed and recommended approval of the application for a 520 Site Plan and zoning variances for Lake Elmo Inn Event Center, 3712 Layton Avenue, for an addition and site improvements at 3712 Layton Avenue subject to conditions. WHEREAS, at its July 18, 2006 meeting, the Lake Elmo City Council reviewed and approved the Site Plan and zoning setback variances (Side and front for building and parking) to enable an addition of 1,800 square feet and site improvements to what was formerly referred to as the Lake Elmo VFW Hall based on the following findings: 1. The property can not be put to a reasonable use or a use in the best overall interest of the City as reflected by City plans for this neighborhood under the conditions allowed by the zoning code as now appearing. 2. The City has endorsed a Village Area Plan that geographically includes this site. That plan advocates and endorses design principals contrary to the current zoning ordinance setback standards, but consistent with the applicant's proposed site design. The plight of the land owner is due to this unique circumstance, and not created by the land owner. 3. The variances for parking and setback will not change the essential character of the neighborhood. WHEREAS, at its July 18, 2006 meeting the Lake Elmo City Council reviewed and approved the Site Plan and the variance for impervious coverage from 45% to 76% based on the following findings: The property can not be put to a reasonable use under the conditions allowed by the zoning code as now appearing. The proposed impervious site coverage will be no greater than that currently existing on the site, and will be mitigated at the point of most significant surface run-off concern by an on -site infiltration system. 2. The plight of the land owner is due to historic site impervious coverage actions by prior site owners, and is not created by the land owner. 3. The variance for impervious site coverage will not change the essential character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo does hereby approve the Section 520 Site Plan and zoning variances of Lake Elmo Inn Event Center, 3712 Layton Avenue N. , in accordance with plans Staff dated July 5, 2006, and subject to the following conditions recommended by the Planning Commission: l . Compliance with the recommendations of the City Engineer and City Attorney. 2. Compliance with the recommendations of the Valley Branch Watershed District as found by he City Engineer to be practical and in the best interests of the City. 3. The portion of the site adjacent to residential property to the south and west must be screened in accordance with Section 1345.02. 4. The Site Plan should be revised to preclude the diagonal parking from encroaching in to the Public alley Right -of -Way to the west. ADOPTED by the Lake Elmo City Council on t�th day of July, 2006. Dean A. Johnston, yor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-069 A RESOLUTION ORDERING IMPROVEMENT FOR 2006 MSA RESURFACING ON 45TH STREET, JULEP AVENUE, AND 47TH STREET WHEREAS, a resolution of the city council adopted the 20`h of June, 2006, fixed a date for a council hearing on the proposed improvement of 45TH Street, Julep Avenue, and 47t' Street; and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon the 5th day of July, 2006, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE LAKE ELMO CITY COUNCIL: 1. Such improvement is 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 5th of July, 2006. 3. Tom Prew, TKDA & Associates, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The city council declares its official intent to reimburse itself for the costs of the improvement. ADOPTED by the Lake Elmo City Council ' ay of July, 2006 004_L Dean A. Johnston, Aayor ATTEST: RIF Resol Ordering 2006 MSA Resurfacing CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-068 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISMENT FOR THE 2006 OVERLAYS (Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, Jamaca Court WHEREAS, the City Engineer has prepared plans and specifications for the 2006 OVERLAYS Project and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto 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 the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the August 2, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 18t' day of July, 2006. Dean A. Johnston, M yor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-067 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Number 29420, in the total amount of $270.00 is hereby approved. ADOPTED, by the Lake Elmo City Council on the 181h day of July, 2006. Dean A. Johnston Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-066 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 335, 336, DD799 through DD821, 29336 through 29356, were used for Staff Payroll dated July 61", 2006; claims 337, 29357 through 29419, in the total amount of $206,460.37 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 18`" day of July, 2006. Dean A. Johnston Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-06 5 A RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR HOA 2ND ADDITION WHEREAS, the Lake Elmo Planning Commission reviewed the preliminary plat of HOA 2°a ADDITION on June 12, 2006; WHEREAS, the Lake Elmo City Council considered and approved on June 20, 2006 the preliminary plat of HOA 2nd ADDITION, a 12.6 acre Outlot A of the HOA Addition; WHEREAS, the Final Plat and Development Agreement of HOA 2" a ADDITION presented to the City Council conforms to the standards of Section 400 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the Lake Elmo City Council does hereby approve and accept the Final Plat and Development Agreement of HOA 2ND ADDITION as the same on file with the City Administrator subject to the following conditions: Compliance with the requirements of the City Engineer and City Attorney. ADOPTED by the Lake Elmo City Council this 5th day of J 6. Dean A. Johnston, M yor CITY OF LAKE ELMO WASHBNGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-064 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR EAGLE POINT BOULEVARD WHEREAS, the City Engineer has prepared plans and specifications for the Eagle Point Boulevard and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. ADOPTED BY THE COUNCIL this 5 h day of July, 2006. - L le— a ('] V- Dean A. Johnston, Mayor ATTEST: z3A CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-063 A RESOLUTION ORDERING IMPROVEMENT FOR 2006 OVERLAYS ON IRVIN COURT, IRVIN CIRCLE, ISLE AVENUE, IVY COURT, AND JAMACA COURT WHEREAS, a resolution of the city council adopted the 201' of June, 2006, fixed a date for a council hearing on the proposed improvement of Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and Jamaca Court; and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon the 5th day of July, 2006, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE LAKE ELMO CITY COUNCIL: 1. Such improvement is 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 5th of July, 2006. 3. Tom Prew, TKDA & Associates, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The city council declares its official intent to reimburse itself for the costs of the improvement. ADOPTED by the Lake Elmo City Counc' this 5t -day of July, 2006 Dean A. Johnston, Mayor ATTEST: Resol Ordering Imp 2006 Overlays YA CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-062 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 332, 333, DD786 through DD798, 29276 through 29292, were used for Staff Payroll dated June 22"d, 2006; claims 334, 29293 through 29335, in the total amount of $1,074,334.68 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 5th day of July, 2006. ter,__......_ Dean A. Johnston Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-061 ���� A RESOLUTION AUTHQRIZING G WHEREAS, the City of Lake Elmo, under a Community Development Block Grant sub recipient contract with Washington County, has entered into a project to provide grant funding to income qualified homeowners in the Cimarron Manufactured Housing Neighborhood to replace gas service lines within individual manufactured housing units as a public heath/safety initiative, and;. WHEREAS, in an effort to execute the project the City has solicited competitive bids from qualified plumbers and pipe fitters, consistent with State and HUD competitive bidding regulations on three separate occasions, March 25, 2005, March 10, 2006 and May 11, 2006; resulting in a single rejected bid on the first occasion and no bids on the other two subsequent occasions. NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council finds the Cimarron Gas Service Project sufficiently specialized and unique as to require single source contracting, and this methodology is hereby authorized and directed subject to necessary approvals of Washington County and HUD. ADOPTED, by the Lake Elmo City Council on J Dean A. Johnston, City of Lake Elmo Washington County, Minnesota RESOLUTION NO. 2006-060 A RESOLUTION APPROVING THE SITE PLAN of RASMUSSEN COLLEGE WHEREAS, the Lake Elmo City Council, at its June 20, 2006 meeting reviewed the Section 520 Site Plan for Rasmussen College on Lot 2, Block 1, HOA 2" ADDITION. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo does hereby approve the Section 520 Site Plan for Rasmussen College at Lot 2, Block 1, HOA 2ND ADDITION in accordance with plans staff dated May 17, 2006, subject to the following conditions: 1. Compliance with the recommendations (if any) of the City Engineer, City Attorney and those of the South Washington Watershed found to be reasonable and practical by the City Engineer. 2. Modification of the site plan parking arrangement to eliminate the park setback encroachments at the south and north street frontages. 3. Modification of the luminaire plan to reduce the foot candle illumination to 3 foot candles or less beyond a 20 foot arc from the light sources. 4. Elimination of all exterior lighting within the public street right-of-way unless specifically approved by the City Council. 5. Payment of Public Use Dedication fees in the amount of $9,852 prior to issuance of a building permit. 6. Submission of a landscape architect's certification of the value of the landscape plan in compliance with the formula provided by Section 520, and provision by the applicant of a Letter of Credit in that amount securing the plan prior to issuance of a building permit. ADOPTED, by the Lake Elmo City Co c' on the 20t y of June, 20 Dean Job n, MAYOR City of Lake Elmo Washington County, Minnesota RESOLUTION NO. 2006-059 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOA 2ND ADDITION WHEREAS, at its August 7, 2001 meeting, the City Council reviewed and approved the Final Plat of HOA ADDITION. WHEREAS, at its June 12, 2006 meeting, the Planning Commission conducted a public hearing where they reviewed and recommended approval of United Properties' application for a preliminary plat of HOA 2" Addition. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of Lake Elmo does hereby approve and accept the preliminary plat for HOA 2ND Addition, as the same on file with the City Administrator, subject to the following conditions. 1. Compliance with the recommendations (if any) of the City Engineer, City Attorney, and those of the South Washington Watershed found to be reasonable and practical by the City Engineer. ADOPTED by the Lake Elmo City Council on the 201h day of June, 2006. Dean Johnston, Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-058 A RESOLUTION APPROVING A ZONING VARIANCE FOR JOHN HAMERLY LOCATED AT 9429 JANE ROAD NORTH WHEREAS, John Hamerly, 9429 Jane Road North, has made application for zoning variances to allow razing an existing detached garage and replace it with a new attached garage in nearly the same location on the site. WHEREAS, at its June 12, 2006 meeting, the Planning Commission reviewed and recommended approval of the street and side yard setback variances for construction of an attached garage at 9429 Jane Road, with the following conditions: 1. The south side yard setback of the attached garage including eaves shall not be less than the side yard setback of the existing detached garage including eaves. 2. The applicant shall install rain gutters along the entire south eave line of the new garage structure to preclude roof drainage from encroaching on the property to the south with collected roof water directed toward Jane Road. WHEREAS, at its June 20th meeting, the Lake Elmo City Council reviewed the zoning variance to permit John Hamerly, 9429 Jane Road North, to raze an existing detached garage and replace it with a new attached garage in nearly the same location on the site, plans staff dated June 12, 2006 based on the following findings: l . The property can not be put to reasonable use without the granting of the variances requested. Reasonable use must be defined in the context of the reasonable availability of locations that comply with R-1 setbacks to construct a garage of the dimensions proposed in a manner that will improve the safety for motorists on Jane Road North. 2. The variance requested does result from physical circumstances unique to this property related to the elevations/drainage rated by others from reconstructed Jane Road to the existing garage; and, the extensive setback of the house/septic system location resulting in no other location alternative ford reconstructed garage. 3. Granting of the variance will not change the essential character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council approves the street and side yard setback variances to permit John Hamerly, 9429 Jane Road North, to replace an existing detached garage with a new attached garage in nearly the same location on the site per plans staff dated June 12, 2006 and based on theconditions and recommendation of the Planning Commission. ADOPTED BY THE Lake Elmo City Counc' t, day of June, 2006. DO,6- Dean A Johnston, May r CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-057 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS NORTHERN WATER MAIN EXTENSION (Project extends the water main from Sanctuary to Discover Crossing and from Discover Crossing to Hidden Meadows) WHEREAS, the City Engineer has prepared plans and specifications for the Northern Water Main Extension and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the July 18, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 20th day of June, 2006. Dean A. Johnston, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-056 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING PLANS AND SPECIFICATIONS FOR 2006 MSA RESURFACING (45TH Street, Julep Avenue, and 47 h Street) WHEREAS, a feasibility report has been prepared by TKDA with reference to the MSA Resurfacing., and this report was received by the City Council on June 20, 2006. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. The Lake Elmo City Council will consider the resurfacing improvements of 45th Street North, Julep Avenue, and 471h Street, in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of the improvement of $335,400.00. 2. A Public Hearing has been ordered on said resurfacing improvement on the 5th day of July, 2006 at Lake Elmo City Hall, 7:00 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. ADOPTED by the Lake Elmo City Council this 20th day J , 2006. Dean A. Johnston, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-055 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING PLANS AND SPECIFICATIONS FOR 2006 OVERLAYS (Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and Jamaca Court) WHEREAS, a feasibility report has been prepared by TKDA with reference to the 2006 Overlays, and this report was received by the City Council on June 20, 2006. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: The Lake Elmo City Council will consider the overlay improvements of Irvin Court, Irvin Circle, Isle Avenue, Ivy Court and Jamaca Court, in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of the improvement of $214,250.00. 2. A Public Hearing has been ordered on said resurfacing improvement on the 5th day of July, 2006 at Lake Elmo City Hall, 7:00 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. ADOPTED by the Lake Elmo City Councils 20th day of JuAC, 2006. Dean A. Johnston, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-054 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO RILEY BROTHERS CONSTRUCTION FOR WATER SYSTEM INTERCONNECT — PHASE III (Jamaca Avenue, Stillwater Boulevard and 31St Street) BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Riley Brothers Construction in the amount of $222,561.78 for work improvements to the Water System Interconnect Project— Phase III. ADOPTED by the Lake Elmo City Council the 20th day of June, 2006. Johnston, Ma n rr Mc•r. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-053 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO RILEY BROTHERS CONSTRUCTION FOR WATER SYSTEM INTERCONNECT — PHASE I BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. I to Riley Brothers Construction in the amount of $14,1187 for work improvements to the Water System Interconnect Project— Phase I. ADOPTED by the Lake Elmo City Council the 20th day of June, 110 Dean Johnston, Ma 'or A TTT'0Ir. lA ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-052 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 330, 331, DD763 through DD785, 29210 through 29230, were used for Staff Payroll dated June 81h, 2006; claims 29231 through 29275, in the total amount of $94,333.15 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 20th day of June, 2006. L)�L4- Dean A. Johnston Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-051 A RESOLUTION AWARDING THE BID FOR THE 2006 SEAL COAT PROJECT WHEREAS, pursuant to an advertisement for bids for the 2006 SEAL COAT PROJECT were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, ALLIED BLACKTOP COMPANY is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: The mayor and clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the amount of $112,410.00, in the name of the City of Lake Elmo for the 2006 Seal Coat Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City -,Council this 6th A. Johnston, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-050 A RESOLUTION AWARDING THE BID FOR THE 2006 CRACK SEAL PROJECT WHEREAS, pursuant to an advertisement for bids for the 2006 CRACK SEAL PROJECT were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, L&M SERVICES OF BELGRADE, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with L&M Services of Belgrade, Inc. in the amount of $21,000.00, in the name of the City of Lake Elmo for the 2006 Crack Seal Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 6th da u , 2 06. A. Johnston, Ma ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-049 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 327, 328, DD750 through DD762, 29148 through 29158, were used for Staff Payroll dated May 25th, 2006; claims 329, 29159 through 29209, in the total amount of $689,206.74 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 61h day of June, 2006. Dean A. Johnston Mayor CA)rSy01© CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-0 48 A RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR HIDDEN MEADOWS OF LAKE ELMO (FORMERLY KNOWN AS DEER GLEN) WHEREAS, the Lake Elmo Planning Commission reviewed the preliminary plat of HIDDEN MEADOWS OF LAKE ELMO (formerly known as Deer Glen) on March 15, 2005, and WHEREAS, the Lake Elmo City Council considered and approved the preliminary plat of HIDDEN MEADOWS OF LAKEELMO on April 28, 20j' and; WHEREAS, the Final Plat and Development Agreement of HIDDEN MEADOWS OF LAKE ELMO presented to the City Council conforms to the standards of Section 400 of the City Code. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does hereby approve and accept the Final Plat and Development Agreement of HIDDEN MEADOWS OF LAKE ELMO as the same as on file with the City Administrator subject to the following conditions: 1. Compliance with the requirements of the City Engineer for the Waste Water Treatment System. 2. Compliance with the recommendations of the Valley Branch Watershed District as found to be appropriate by the City Engineer. ADOPTED, by the Lake Elmo City Council this 1 day of Ma , 06. Dean A. Johnston, May r ATTEST: kai. Raff , Ci dmi 'strator J CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-047 A RESOLUTION AWARDING THE BID FOR THE TABLYN PARK/LAKE ELMO HEIGHTS/31 ST STREET WATERMAIN PROJECT WHEREAS, pursuant to an advertisement for bids for the Tablyn Park/Lake Elmo Heights/31st Street Watermain Project were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, Park Construction Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Park Construction Company in the amount of $3,143,640.78, in the name of the City of Lake Elmo for the Tablyn Park/Lake Elmo Heights/31 st Street Watermain Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council tUs 6th Dean A. Johnston, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-046 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 325, 326, DD728 through DD749, 29065 through 29083, 29085, 29086 were used for Staff Payroll dated May 1lth, 2006; claims 29084, 29087 through 29147, in the total amount of $624,781.27 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 16"' day of May, 2006. Q Dean A. Johnston Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2006 — 045 RESOLUTION APPROVING PARTIAL PAYMENT NO.4 TO CB & I CONSTRUCTORS, INC. FOR ELEVATED WATER STORAGE TANK NO.2 BE IT RESOLVED, that the Lake Elmo City Council approves Partial Payment No. 4 to CB & I Constructors, Inc., in the amount of $152,000.00 for work improvements to the Elevated Water Storage Tank No. 2, verified by the City Engineer in his memo dated April 26, 2006. ADOPTED, by the Lake Elmo Council 2nd of May,,406. A. Johnston, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2006 — 044 RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO ELLINGSON DRAINAGE FOR WATER SYSTEM INTERCONNECT — PHASE IV BE IT RESOLVED, that the Lake Elmo City Council approves Partial Payment No. 1 to Ellingson Drainage, in the amount of $187,011.87 for work improvements to the Water System Interconnect Project — Phase IV, verified by the City Engineer in his memo dated April 27, 2006. ADOPTED, by the Lake Elmo Council the 2"a of May, A. Johnston, A TTUQrF- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-043 A RESOLUTION APPROVING A SITE PLAN FOR ROCKPOINT CHURCH WHEREAS, at its April 24, 2006 meeting, the Lake Elmo Planning Commission reviewed and unanimously recommended approval of a Site Plan for Rockpoint Church, AND WHEREAS, at its May 2, 2006 meeting, the Lake Elmo City Council reviewed the Site Plan for Rockpoint Church. NOW, THEREFORE BE IT RESOLVED, that the Lake Elmo City Council approves the Site Plan for Rockpoint Church in accordance with plans staff dated April 24, 2006 with the following conditions: 2006. 1. No Building Permit shall be approved until Final Plat and Development Agreement are approved by the Lake Elmo City Council. 2. The Development Agreement shall reflect responsibility for the joint septic system with the OP Plat. ADOPTED BY THE LAKE ELMO CITY COUNCIL on the 2°d day M Dean A. Johnson, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-042 A RESOLUTION APPROVING A VARIANCE TO HEIGHT OF SIDE WALLS FOR ROCKPOINT CHURCH CITY of LAKE ELMO WHEREAS, the applicants, Lakewood Evangelical Church and Patrick Kinney, have submitted an application for a variance to allow side walls of the new Rockpoint Church to be a maximum of 49 feet in height; AND WHEREAS, at its April 24, 2006 meeting, the Planning Commission reviewed and unanimously recommended approval of this variance per plans presented by staff, as the same on file with the City Administrator. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve the variance to side wall height based upon the recommendation of the Planning Commission and the following Findings: Rockpoint Church to allow side walls of the structure to extend to a maximum of 49 feet based on the following Findings: 1. The property cannot be put to reasonable use without the granting of the variance requested. The proposed side wall height variance applies to only a portion of the building and relates to utilizing the site contours as they appear naturally and minimizing the impervious coverage of the site by creating floor area vertically rather than horizontally. 2. The variance requested results from circumstances unique to this Place of Worship use and the physical characteristics of the site. 3. Granting the variance will not change the essential character of the neighborhood. 4. In addition, the need for the variance arises due to the walk -out nature of the lot, that the intent of the Ordinance probably was not to preclude such a structure, and the neighboring homes this church might affect will be moving in after the church is being built so they will be aware of it before they move in. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-041 A RESOLUTION APPROVING A VARIANCE TO FRONT SETBACK AND MININIMUM LOT SIZE REQUIREMENTS FOR 8009 HILL TRAIL NORTH CITY of LAKE ELMO WHEREAS, the applicants, Jason and Shannon Tacheny, have submitted an application for a variance to front setback and minimum lot size requirements for an addition to an existing home at 8009 Hill Trail North that encroaches 2.5 feet into the front setback, legally described as follows: Lots 300 thru 309, inclusive, LANE'S DEMONTREVILLE COUNTRY CLUB ADDITION, Washington County, Minnesota. WHEREAS, at its April 24, 2006 meeting, the Planning Commission reviewed and unanimously recommended approval of this variance per plans presented by staff, as the same on file with the City Administrator. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve the variance to minimum lot size requirements and front setback based upon the recommendation of the Planning Commission and the following Findings: 1. The property cannot be put to reasonable use because the home was designed and constructed 60 years ago, well before public health and safety standards existed; application of those standards today limits the existing home to one bedroom, and this neither in character with the balance neighborhood, nor is it a reasonable use of the property. 2. The variance requested results from circumstances unique to properties where principal structures were constructed to adoption of City Zoning and Shoreland Regulations, and the circumstances of the variance were not created by the applicant in that context. 3. Granting of the variance will not change the essential character of the neighborhood. And conditional upon the approval of a new septic design prior to the issuance of a Building Permit. ADOPTED, by the Lake Elmo City CVNcil on the 16'Uay of Dean Johnston, Mayor ATTEST: Oaff,r y, Cit m'ni,trator �4-j )� CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-040 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Number 29064, in the total amount of $270.00 is hereby approved. ADOPTED, by the Lake Elmo City Council on the 2nd day of May, 2006. Dean A. Johnston Mayor ATTEST: `fA CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-039 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 322, 323, DD715 through DD727, 29023 through 29033, were used for Staff Payroll dated April 271h, 2006; claims 324, 29034 through 29063, in the total amount of $357,380.72 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 2nd day of May, 2006. PA Dean A. Johnston Mayor ATTEST: —.Vy � � 11111LO"uL.,l CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-038 A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION DEVELOPMENT STAGE PLAN, PRELIMINARY PLAT, AND CONDITIONAL USE PERMIT OF HIDDEN MEADOWS OF LAKE ELMO. WHEREAS, on the 30th day of June, 2005, Pat Kinney of Hidden Meadows Development, LLC ("Applicant") submitted a completed application requesting that the City of Lake Elmo approve an Open Space Preservation Development Concept Plan for a residential subdivision on 69.68 acres of a 108.62 acre parcel; AND WHEREAS, on the 25th day of July, 2005, at a public hearing, the Lake Elmo Planning Commission reviewed the Concept Plan, the City Planner's reports and comments, the comments of the Applicant and the Applicant's representatives, and recommended approval of the Concept Plan; AND WHEREAS, on the 20th day of September, 2005, the Lake Elmo City Council reviewed changes to the Concept Plan, the City Planner's reports and comments dated September 6, 2005, the comments of the Applicant and the Applicant's representatives, and recommended approval of the Concept Plan. WHEREAS, on the 27th day of March, 2006, at a public hearing, the Lake Elmo Planning Commission reviewed the Development Stage Application, the City Planner's reports and comments, the comments of the Applicant and the Applicant's representatives, and recommended approval of the OP Development Stage Application, Conditional Use Permit, and Preliminary Plat of HIDDEN MEADOWS OF LAKE ELMO based upon the following Findings: l . The OP Development Stage Plan and Preliminary Plat are generally compliant with the approved OP Concept Plan, and condition of Concept Plan approval. 2. The Development Stage Plan is compliant with the standards of Section 301 of the City Code (Open Space Development). 3. The Preliminary Plat and preliminary construction plans are compliant with Section 400 of the City Code (platting). 4. The Conditional Use Permit complies with the pertinent findings required by Section 300.06 of the City Code. And subject to the following Conditions: 1. Compliance with the recommendations/requirements of the City Engineer. 2. Compliance with the recommendations/requirements of the Valley Branch Watershed District as found to be appropriate by the City Engineer. 3. Trail setback to the Ziertman property be increased and screening be considered in the Landscape Plan. 4. Confirm drainfield setback is to be 100' feet from property line. 5. Provide size and delineation of the alternate drainfield. 6. Secondary drainfield have the appropriate easement for trail use. 7. A trail easement be added to the proposed watermain easement. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby approves the Open Space Development Stage Plan, Preliminary Plat, and Conditional Use Permit for HIDDEN MEADOWS OF LAKE ELMO, as illustrated on the Preliminary Plat prepared by Kimley-Horn and Associates, Inc., dated March 3, 2006. ADOPTED, by the Lake Elmo City Council on the 18t' day of April, 2006. Dean A. Johnston, Mayorr ATTEST: r �— ' artin Raffe y, ity misty for CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-037 A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION DEVELOPMENT FINAL PLAT, OP FINAL PLAN, AND DEVELOPMENT AGREEMENT FOR DISCOVER CROSSING WHEREAS, on the 16th day of August, 2005, the Lake Elmo City Council approved the OP Development Stage Plan, Preliminary Plat and OP Conditional Use Permit for Discover Crossing.. The property is legally described as: The East one-half of the Northeast Quarter (E 1/2 of NE 1/4) of Section Two (2), Township Twenty-nine (29) North, Range Twenty-one (21) West, according to the plat on file and of record in the office of the Register of Deeds of Washington County, Minnesota. Excepting: The East 787.00 feet of the North 657.77 feet of the Northeast 1/4 of the Northeast 1/4 of Section 2, Township 29 North, Range 21 West, Washington County, Minnesota, as measured at a right angle to the East and North lines of said Northeast 1/4 of the Northeast 1/4 respectively. WHEREAS, on the 18'h day of April, 2006, the Lake Elmo City Council reviewed the Final Plat of Discover Crossing. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo does hereby approve and accept the Final Plat, per plans staff dated April 13, 2006 and Development Agreement for Discover Crossing, as the same on file with the City Administrator based on the following conditions: 1. Compliance with the recommendations of the City Forester as determined by the City Planner. 2. Compliance with the recommendations of the City Engineer. ADOPTED by the Lake Elmo City Council on the 18t' day of April, 2006 Dean A. Johnston, M yor OTTFCT• CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-036 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISMENT FOR BIDS FOR TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN PROJECT WHEREAS, the City Engineer has prepared plans and specifications for the TABLYN PARK/LAKE ELMO HEIGHTS Water main Project and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto 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 the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the May 16, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 18'h day of April, 2006. A. Johnston, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-035 A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, A resolution of the City Council adopted the 2 1 " day of March, 2006, fixed a date for a council hearing on the proposed improvement of the 2006 Street Repairs — Tablyn Park Neighborhood.. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 181h day of April, 2006, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. Such improvement is 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 18th day of April, 2006. 3. Tom Prew, TKDA, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-034 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 320, 321, DD695 through DD714, 28949 through 28973, were used for Staff Payroll dated April 131", 2006; claims 28974 through 29022, in the total amount of $108,482.29 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 18t" day of April, 2006. Dean A. Johnston Mayor ATTEST: City of Lake Elmo Washinin gton County, Minnesota Resolution 2006-033 A Resolution Granting Permission to the Lake Elmo Jaycees to Conduct Charitable Gambling in the City Of Lake Elmo Be it resolved that the Lake Elmo City Council hereby grants permission to the Lake Elmo Jaycees to conduct Lawful Gambling within the City of Lake Elmo. Be it further resolved that this permission is for the sales of Pull Tabs only, excludes sales of Pull Tabs from any automated dispensing mechanisms, and various raffles. Be it further resolved this Resolution is contingent upon the Lake Elmo Jaycees being granted a Lawful Gambling License from the Minnesota Gambling Control Board. Adopted by the Lake Elmo City Council on April 18, 2006. Dean Johnston, Mayo Attest: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-0.3 R WHEREAS, the City of Lake Elmo and Chris Riley Utilities, Inc. (the "Contractor"), entered into an agreement on or about r i 1 5 , 2005, regarding the construction of certain items related to the City's Wa er System Interconnect Project, Phase I; and WHEREAS, the City and Chris Riley Utilities, Inc., entered into an agreement on or about 5 eF_+_ ZO , 2005, regarding the construction of certain items related to the City's Water System Interconnect Project, Phase III; both agreements being referred to herein as the "Contracts"; and WHEREAS, in November 2005, the City agreed to extend the completion date for Phase III; and WHEREAS, the City Staff sent the Contractor a Notice of Termination of the Contracts on March 15, 2006, a copy of which was also sent to Travelers Casualty and Surety Company (the "Surety"), which was listed as the surety under the performance bond given with respect to both Phase I and Phase III; and WHEREAS, the City Staff has contacted the Surety and has entered into negotiations with the Surety for a Takeover Agreement pursuant to which the Surety would essentially become responsible for the completion of the work on the Project. A copy of the current draft of the Takeover Agreement is attached hereto as Exhibit A; and WHEREAS, the City Council has received a report from the City Staff concerning the matters stated above. NOW, THEREFORE, BE IT RESOLVED, 1. The City Council hereby authorizes the Mayor and City Staff to execute the Takeover Agreement in substantially the same form in which it has been presented to the City Council subject, however, to non -substantive changes which have been approved by the City Staff and City Attorney's office. ADOPTED by the Lake Elmo City Council this 41h day of April, 20 . an Johnson, Mayor CADocuments and Settin-s\slumby\Local Settings\Temporary Internet Fi1es\0LK9\resv2 - 2006.doc 1A - ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-031 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 317, 318, DD682 through DD694, 28901 through 28907, were used for Staff Payroll dated March 301h, 2006; claims 319, 28908 through 28948, in the total amount of $493,366.20 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 4th day of April, 2006. Dean A. Johnston Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-030 WHEREAS, the City of Lake Elmo and Chris Riley Utilities, Inc. (the "Contractor"), entered into an agreement on or about _, 2005, regarding the construction of certain items related to the City's W ter System Interconnect Project, Phase I; and WHEREAS, the City and Chris Riley Utilities, Inc., entered into an agreement on or about 5W. 20 , 2005, regarding the construction of certain items related to the City's Water System Interconnect Project, Phase III; both agreements being referred to herein as the "Contracts"; and WHEREAS, in November 2005, the City agreed to extend the completion date for Phase III; and WHEREAS, the City Staff sent the Contractor a Notice of Termination of the Contracts on March 15, 2006, a copy of which was also sent to Travelers Casualty and Surety Company (the "Surety"), which was listed as the surety under the performance bond given with respect to both Phase I and Phase III; and WHEREAS, the City Staff has had some contact with the Surety which has acknowledged the receipt of the claim on the performance bonds; and WHEREAS, the City Council has received a report from the City Staff concerning the matters stated above. NOW, THEREFORE, BE IT RESOLVED, 1. The City Council hereby confirms and ratifies the action taken by the City Staff as set forth in the City Engineer's letters dated March 15, 2006, which letters initiated the termination of the Contracts as referred to above. 2. The City Council hereby authorizes and directs the City Staff to initiate or continue action with respect to the City's claim on the performance bonds. 3. If the Surety determines that it will not complete the performance on the Contracts, the City Council hereby authorizes and directs the City Staff, if necessary, to take whatever steps are req=aired to advertise for bids pursuant to Minn. Stat. §429, or otherwise, to undertake and finish the work necessary to complete Phase I and Phase III of the City's Water System Interconnect Project. CADocuments and Set ings\mraffertyV ocal SettingsUemporary Intemet Files\oLKD\resvI - 2006.doc ADOPTED by the Lake Elmo City Council this 21" day of March, 2006.1 __._ Johnson, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-029 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING FOR THE 2006 STREET REPAIRS- TABLYN PARK NEIGHBORHOOD STREET WHEREAS, a feasibility report has been prepared by TKDA (TKDA Project No. 13524.000) with reference to the 2006 Street Repairs-Tablyn Park Neighborhood Street Project., and this report was received by the City Council on March 21, 2006. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: The Lake Elmo City Council will consider the overlay improvements of the 2006 Street Repairs-Tablyn Park Neighborhood in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of the improvement of $274,000.00. 2. A Public Hearing has been ordered on said overlay improvement on the 18th day of April, 2006 at Lake Elmo City Hall, 7:00 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. ADOPTED by the Lake Elmo City Council this 21 st day of March, 2006. Dean Johnston, Mayo A TTL' 0'P. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-028 A RESOLUTION DENYING A VARIANCE FOR JEFFERY JOHN AND ROBIN SCHARRER LOCATED AT 7949 HILL TRAIL NORTH WHEREAS, Jeffery John and Robin Scharrer, 7949 Hill Trail North, have made application for a variance to Section 700 of the Lake Elmo Municipal Code and Chapter 7080.0170 of Minnesota Rules to construct a replacement septic drain field approximately 15 feet from a structure where 20 feet are required. WHEREAS, at its March 13th meeting, the Planning Commission reviewed and recommended approval of setback system variance at 7949 Hill Trail North. WHEREAS, at its March 21 st meeting, the Lake Elmo City Council reviewed the septic system setback variance application of Jeffery John and Robin Scharrer to permit construction of a replacement drain field, per plans staff -dated March 9, 2006, at 7949 Hill Trail N. within 15 feet of the existing house where a 20 foot setback is otherwise required. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council denies the variance at 7949 Hill Trail to construct a replacement septic drain field within 15 feet of an existing structure where a 20 foot setback is required by Section 700 of the City Code based on the following findings: 1. The property can be put to reasonable use without the granting of the variance requested. The applicant can construct a mound style drain field without need for a setback variance. 2. The variance requested does not result from circumstances unique to property. Alternative solutions for the treating of wastewater are available that would not require the requested variance. 3. Granting of the variance will not change the essential character of the neighborhood. ADOPTED BY THE Lake Elmo City Council the 21 st day of March, 2006. Dean Johnston, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-027 A RESOLUTION AWARDING THE BID FOR THE WATER SYSTEM INTERCONNECT PHASE IV PROJECT WHEREAS, pursuant to an advertisement for bids for the Water System Interconnect Phase IV Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Base Bid Ellingson Drainage $412,758.68 Push Inc. $468,906.50 MinnComm $482,481.60 EBI Drilling $506,710.00 G.M. Contracting, Inc. $517,502.65 Michels Corporation $755,441.34 EMJ Pipe Services, Inc. $834,367.00 AND WHEREAS, Ellingson Drainage is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Ellingson Drainage in the name of the City of Lake Elmo for the Water System Interconnect Phase IV Project, according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 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 lowest bidder shall be retained until a contract has been signed. R a�-C-h ADOPTED, by the Lake Elmo City Council this 21 st y of , 2( Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-026 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 315, 316, DD664 through DD681, 28819 through 28850, were used for Staff Payroll dated March 161h, 2006; claims 28851 through 28900, in the total amount of $272,067.69 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 21 st day of March, 2006. L) oa-'-a(a Dean A. Johnston Mayor CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2006-025 A RESOLUTION RELATING TO PRIVATE WELLS IN THE WEST CENTRAL LAKE ELMO AREA WHEREAS, the Minnesota Pollution Control Agency, in conjunction with the Minnesota Department of Health, has taken water samples from approximately 239 private residential wells in the west central portion of the City of Lake Elmo (the "WCLE Area") as illustrated on Exhibit A attached; and WHEREAS, the private well water sampling in the WCLE Area indicates that the following perfluorochemicals ("PFCs") are present in some of the private wells: A. Perfluorooctane sulfate ("PFOS") and perfluorooctanic acid ("PFOA") have been detected in nineteen (19) private residential wells at levels in excess of the health base values ("HBVs") set by the Minnesota Department of Health; and B. PFOS and PFOA has been detected in sixty four (64) residential wells at levels that do not yet exceed the HBVs set by the Minnesota Department of Health; and WHEREAS, the Minnesota Pollution Control Agency reports that, based upon animal studies, concentrations of PFOS have been shown to adversely affect liver and other organs; high concentrations of PFOA over a long period of time may also cause cancer in animals (still under review); and that developmental affects have been seen the offspring of rats exposed to PFCs; and WHEREAS, the WCLE Area lies easterly of the nearby Oakdale 3M Landfill (a Superfund Site) and lies southerly and westerly of the Washington County Landfill (a closed landfill program site); and WHEREAS, all of the private residential wells in the WCLE Area are located downstream from the source of contamination and draw water from the same aquifers; and WHEREAS, the Minnesota Department of Health has determined that the sealing of the private wells within the WCLE Area will: A. Remove the need to monitor multiple private wells whose future uses are unclear. B. Prevent the further spread of PFCs in or between the affected aquifers from poorly constructed or failing wells. C. Remove pumping of numerous wells as one of the complicating factors in predicting ground water flow from the Washington County Landfill and also predicting movement of the contaminates. D. Stop the movement of PFCs from the ground water into the environment (PFCs do not volatilize, so any PFCs pumped from a private well will be reintroduced into the soil and ultimately back into the ground water). E. Minimize minor human exposures through other pathways (soil gardening, swimming pools) from using contaminated water, even water with PFCs below health based value levels). F. Prevent the possibility of future cross connection and contaminations of public water supply from do it yourself plumbers. G. Eliminate the cost to the homeowner of maintaining and operating and ultimately sealing their well. H. Eliminate liability concerns at the time of future property transfer. WHEREAS, the WCLE Area will soon be part of an expanded formal Special Well Construction Area which may require, under statute, that the existence of the well be disclosed at property transfer; and WHEREAS, the sealing of some, but not all of the wells, in the WCLE Area will increase the likelihood of contamination in the unsealed wells; and WHEREAS, the City of Lake Elmo has obtained a 3M community grant which will allow the City to extend the City water service to serve the WCLE Area and to connect the parcels within the WCLE Area to the City water system (the "Water Improvement Project") without the necessity of specially assessing Water Improvement Project costs to the parcels within the WCLE Area; and 2 WHEREAS, the City of Lake Elmo will be awarding contracts in 2006 for the construction of the Water Improvement Project; and NOW, THEREFORE, be it resolved that the Lake Elmo City Council hereby declares that all private wells within the WCLE Area, as identified on Exhibit A attached, are a known or potential health hazard and directs that, upon the availability of a City water system, such private wells shall be sealed in compliance with the regulations of the Minnesota Department of Health and that the private dwellings within the WCLE Area shall be connected to the City water system. Approved by the City of Lake Elmo on the 6th day of March, 2006. F:\users\Janice\Jerry\LE\Private Wells Resolution.doc CITY OF LAKE ELMO By: .¢— Dean Johnston Its: Mayor 3 ui CM =a J U. LV a L1 WIN W E m $ .— z O q h Q# � J L d O 4 LL C apt U � U m 2 x W LOV N O O O O N O Z Z O D J O U) w ry P is o C O ° E N E U o c A Y O U a o U. U = m F- LL U O U i m 2 X w V / N O I O O N O Z co 0 0 N CO ry Q CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-024 A RESOLUTION DENYING ZONING VARIANCES FOR KEVIN AND GENA HAIRE LOCATED AT 8160 HILL TRAIL NORTH WHEREAS, Kevin and Gena Haire, 8160 Hill Trail North, has made application for a variance for a nonconforming parcel area and a variance to Section 325.06 Shoreland Standards, Subd. 4. A. Setback from Ordinary High Water Level of Lake Demontreville to construct a new home (after razing the existing home) on a parcel of 34,700 square feet (8/10 acre). WHEREAS, at its February 13t' meeting, the Planning Commission reviewed and recommended approval of the variance from the OHW setback standards and minimum parcel area standards of the zoning ordinance at 8160 Hill Trail North, per the plans staff - dated February 9, 2006. WHEREAS, at its March 6 h meeting, the Lake Elmo City Council reviewed the variance to Shoreland OHW setback standards at 8160 Hill Trail and minimum parcel area standards for razing of an existing home and complete construction of a new home, with the proposed home is 52 feet from the OHW mark of Lake Demontreville and hereby denies said variances based on the following Findings: 1. The property can be put to reasonable use without the granting of the variances requested. The opportunity exists for the applicant to utilize the existing house as a basis for reconstruction/remodeling at a lesser scale and mass. 2. The minimum lot area variance requested does not result from circumstances unique to this property. A significant number of non -conforming vacant parcels and parcels with similar homes of a similar age as the existing home on this parcel are located in this and other neighborhoods of the City. 3. Granting of the variance will change the essential character of the neighborhood. The proposed house/garage is of substantially greater mass than those adjacent and would be out of scale with the existing neighborhood. 4. The floor plan of the proposed house includes multiple rooms that could, with minor alterations, become additional bedrooms thereby potentially overloading the septic system design for a 3 bedroom house. 5. Background information and the planning/zoning policy implications discussed in the February 8, 2006 Planning Staff Report on this application (attached hereto as Exhibit A) ADOPTED BY THE Lake Elmo City Council the 6th day o , 2006. Dean Johnston, Mayor A TTFCT- qA CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-023 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 312, 313, DD652 through DD663, 28755 through 28761, were used for Staff Payroll dated March 2nd, 2006; claims 314, 28762 through 28818, in the total amount of $427,452.21 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 61h day of March, 2006. Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-022 A RESOLUTION APPROVING THE AMENDED DEVELOPMENT AGREEMENT OF SANCTUARY OF LAKE ELMO WHEREAS, on the 30'' day of November, 2005, the Lake Elmo Development Company, ("Applicant") submitted a completed application requesting that the City of Lake Elmo approve an Open Space Preservation Development Final Plat and Development Agreement to be known as SANCTUARY OF LAKE ELMO. WHEREAS, on the 6 b day of December, 2005, the Lake Elmo City Council approved the Open Space Preservation Development Final Plat and Development Agreement under Resolution No. 2005-138. WHEREAS, an amended design to the intersection of Highway 36 and Manning Avenue may result in a more elaborate improvement than originally planned and the Development Agreement should be amended to reflect the estimated costs of those improvements. WHEREAS, the City Attorney has prepared a new paragraph numbered 4.12, reflecting amended costs for road improvements thereby amending the Development Agreement for SANCTUARY OF LAKE ELMO. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby: Approves the Amended Development Agreement for SANCTUARY OF LAKE ELMO as illustrated within the Staff Report dated February 21, 2006, with the following conditions: 1. Compliance with recommendations of City Engineer. 2. Compliance with recommendations of Valley Branch Watershed District that the City Engineer finds to be practical and reasonable. ADOPTED, by the Lake Elmo City Council on the 2 1 " day of Febru`4, 2006. ?.n Johnston, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-021 A RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR MANNING AVENUE FROM TH36 TO THE SANCTUARY SUBDIVISION WHEREAS, it is proposed to reconstruct Manning Avenue from TH36 to The Sanctuary Subdivision and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE LAKE ELMO CITY COUNCIL, WASHINGTON COUNTY, MINNESOTA: That the proposed improvement identified as Manning Avenue from TH36 to The Sanctuary Subdivision Project, as described in the City Engineer's memo dated February 16, 2006, be referred to the City Engineer for study and that he is instructed 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 and as to whether it should be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. ADOPTED by the Lake Elmo City Council this 21 st day of February, 2006. '--- Dean Johnston, Mayor ATTEST- C)r ` `') 1 (:R:,WC� -c) 0c'J CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006 - 20 RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of Lake Elmo that the street hereinafter described should be designated Municipal State Aid Street under the provision of Minnesota Law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the road described as follows, to -wit: Manning Avenue from TH 36 to 50th Street North be, and hereby is established, located, and designated a Municipal State Aid Street of said City, 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 his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Lake Elmo. ADOPTED, by the Lake Elmo City Council on the 21 st day of February, 2006. Dean A. Johnston, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-019 A RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR THE TABLYN PARK NEIGHBORHOOD OVERLAY PROJECT WHEREAS, it is proposed to overlay the Tablyn Park neighborhood and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW THEREFORE, BE IT RESOLVED BY THE LAKE ELMO CITY COUNCIL, WASHINGTON COUNTY, MINNESOTA: That the proposed improvement identified as Tablyn Park Overlay Project as described in the City Engineer's memo dated February 16, 2006, be referred to the City Engineer for study and that he is instructed 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 and as to whether it should be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. ADOPTED by the Lake Elmo City Counc' is t day of February, 2006. Dean Johnston, Mayor 4A CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-018 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 310, 311, DD638 through DD651, 28670 through 28703, were used for Staff Payroll dated February 16th, 2006; claims 28704 through 28754, in the total amount of $94,493.63 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 21St day of February, 2006. r Dean A. Johnston Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-017 A RESOLUTION APPROVING A SHORELAND OVERLAY DISTRICT VARIANCE FOR PATRICK FLANNAGAN, 4773 OLSON LAKE TRAIL WHEREAS, at its January 23, 2006 meeting, the Planning Commission recommended approval of the variance application to Shoreland OHW setback at 4473 Olson Lake Trail from Patrick Flanagan, per plans staff dated January 19, 2006, to remodel and add an addition to the house based on the following findings: 1. The lot was platted before current zoning and the Shoreland overlay district were established. 2. The proposal is deemed to be reasonable. 3. It will not alter the character of the neighborhood in any negative fashion. WHEREAS, at the February 7, 2006 meeting, the Lake Elmo City Council reviewed the application of Patrick Flannagan for a shoreland overlay district variance to the OHW setback at 4773 Olson Lake Trail. NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council approves the Shoreland Overlay District Variance for a remodel and addition to the home for Patrick Flannagan, 4473 Olson Lake Trail, based on the plans staff dated February 3, 2006 and the findings and recommendation of the Planning Commission. ADOPTED, by the Lake Elmo City Council on the 71h day of February, 0 . Dean Johnston, Mayor A TTL Q T . CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-016 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE WATER SYSTEM INTERCONNECT PHASE IV PROJECT AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has prepared plans and specifications for the improvement of the Water System Interconnect Phase IV Project, and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 7 p.m. on March 21 st in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 7th day of February, 2006. A ( ). �.. Dean Johnston, Mayor CERTIFICATION OF MINUTES Municipality: The City of Lake Elmo, Minnesota Governing Body: City Council Meeting: A meeting of the City Council of the City of Lake Elmo was held on the 7th day of February, 2006, at 7:00 p.m. at the City offices, 3 800 Laverne Ave. N., Lake Elmo, Minnesota. Members present: Members absent: Documents: Resolution No. 06-- - Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $443,000 General Obligation Equipment Certificates of Indebtedness, Series 2006A Certification: I, MARTIN J . hAFFERT� City Administrator of the City of Lake Elmo, Minnesota, do hereby certify the following: Attached hereto is a true and correct copy of a resolution on file and of record in the offices of the City of Lake Elmo, Minnesota, which resolution was adopted by the Lake Elmo City Council, at the meeting referred to above. Said meeting was a regular meeting of the Lake Elmo City Council, was open to the public, and was held at the time at which meetings of the City Council are regularly held. Member DeLapp moved the adoption of the attached resolution. The motion for adoption of the attached resolution was seconded by Member Conlin . A vote being taken on the motion, the following voted in favor of the resolution: Mayor Johnston, Council Members:Conlin, DeLapp, Johnson, Smith and the following voted against the resolution: None Whereupon said resolution was declared duly passed and adopted by at least two-thirds of the members of the City Council. The attached resolution is in full force and effect and no action has been taken by the City Council of the City of Lake Elmo, Minnesota which would in any way alter or amend the attached resolution. Witness my hand officially as the City Administrator o Minnesota this 7th day of February, 2006. CITY OF LAKE ELMO WASP-"GTON COUNTY, MINNESOTA RESOLUTION NO. 2006-015 AUTHORIZING ISSUANCE, AWARD SALE FOR G.O. EQUIPMENT CERTIFICATE RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $443,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006A BE IT RESOLVED by the City Council, City of Lake Elmo, Minnesota (the City), as follows: Section 1. Authorization and Sale. 1.01. Authorization. This Council hereby determines that it is in the best interests of the City to issue its $443,000 General Obligation Equipment Certificates of Indebtedness, Series 2006A (the Obligations) to finance the costs of acquiring items of capital equipment (the Project). Said items of capital equipment have a useful life not less than the term of the Obligations. The principal amount of the Obligations does not exceed .25 percent of the market value of taxable property in the City. 1.02. Sale. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (2), the requirements as to public sale do not apply to the issuance of the Obligations. A proposal for the purchase of the Obligations was received at or before the time specified for receipt of proposals. Northland Securities, Inc. (the Purchaser) has proposed to purchase the Obligations at a price of $ plus accrued interest on all Obligations to the day of issuance and delivery, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Obligations is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Obligations in accordance with the terms of the proposal. Section 2. Obligation Terms: Registration: Execution and Delivery. 2.01. Issuance of Obligations. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Obligations having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Obligations, to provide security therefor and to issue the Obligations forthwith. 2.02. Maturities: Interest Rates, Denominations and Pam. The Obligations shall be originally dated March 8, 2006, shall mature on December I in the years and amounts stated below and shall bear interest from the 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 Interest Rate 2008 $119,000 % 2011 128,000 2015 196,000 1A The Obligations shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Obligation at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Upon the initial delivery of the Obligations pursuant to Section 2.07, and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Obligation so delivered, exchanged or transferred. 2.03. Dates and Interest Payment Dates. Interest on the Obligations shall be payable on each June 1 and December 1, commencing December 1, 2006, to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve thirty -day months. 2.04. Redemption. Obligations maturing in 2015 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 on December 1, 2013, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Manager shall cause notice of the call for redemption thereof to be published if and as 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, to the registered holders of any Obligations to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Obligation not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Obligations or portions of Obligations 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 Obligations or portions of Obligations shall cease to bear interest. Upon partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the owner without charge, representing the remaining principal amount outstanding. Obligations maturing on December 1 in the years 2008, 2011 and 2015 (the Term Obligations) 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 December 1 in each of the following years the following stated principal amounts of such Obligations: Term Oblations Maturing December 1. 2008 Year Principal Amount 2006 $40,000 2007 39,000 The remaining $40,000 stated principal amount of such Obligations shall be paid at maturity on December 1, 2008. Term Obligations Maturing December 1 2011 Year Principal Amount 2009 $41,000 2010 43,000 The remaining $44,000 stated principal amount of such Obligations shall be paid at maturity on December 1, 2011. Term Obligations Maturing December 1. 2015 Year Principal Amount 2012 $46,000 2013 48,000 2014 50,000 The remaining $52,000 stated principal amount of such Obligations shall be paid at maturity on December 1, 2015. Notice of redemption shall be given as provided in the preceding paragraph. 2.05. Appointment of Initial Registrar. The City hereby appoints the City Finance Director as the initial bond registrar, transfer agent and paying agent (the Registrar) for the Obligations. The City reserves the right to remove the Registrar, effective upon thirty days' notice and upon the appointment of and acceptance by a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Obligations in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Obligations and the registration of transfers and exchanges of Obligations entitled to be registered, transferred or exchanged. (b) Transfer of Obligations. Upon surrender for transfer of any Obligation duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Obligations of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. 4 (c) Exchange of Obligations. Whenever any Obligations are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Obligations of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Obligations surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Obligation is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Obligation 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) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Obligation is at any time registered in the bond register as the absolute owner of the Obligation, whether the Obligation shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Obligation and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Obligation to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. For every transfer or exchange of Obligations (except for an exchange upon a partial redemption of an Obligation), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated Lost Stolen or Destroyed Obligations. In case any Obligation shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Obligation of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Obligation or in lieu of and in substitution for any Obligation destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of an Obligation destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Obligation 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 Obligations 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 Obligation has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Obligation prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Obligations, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 0) Valid Obligations. All Obligations issued upon any transfer or exchange of Obligations shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Obligations surrendered upon such transfer or exchange. 2.07. Execution,.Authentication and Delivery. The Obligations shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Obligations shall cease to be such officer before the delivery of any Obligation, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Obligation 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 on the Obligation has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Obligations need not be signed by the same representative. The executed certificate of authentication on each Obligation shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Obligations have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Form of Obligations. The Obligations shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2006A Interest Rate Maturity Date Date of Original Issue % December 1, 20_ March 8, 2006 REGISTERED OWNER: PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF LAKE ELMO, MINNESOTA (the City), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, 0 or registered assigns, the principal sum specified above on the maturity date specified above, with 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 rate specified above, payable on June 1 and December 1 in each year, commencing December 1, 2006 (each such date, an Interest Payment Date), all subject to the provisions referred to herein with respect to the redemption of the principal of this Obligation before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Obligation is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. 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, the principal hereof are payable in lawful money of the United States of America by check or draft or other agreed means of payment by the City Finance Director as Registrar and Paying Agent (the Registrar), or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. This Obligation is one of an issue in the aggregate principal amount of $443,000 issued pursuant to a resolution adopted by the City Council on February 7, 2006 (the Resolution), to finance the costs of acquisition of capital equipment, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 412.301 and Chapter 475. The Obligations are issuable only in fully registered form of single maturities. Obligations maturing in 2015 are subject t6 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 on December 1, 2013, and on any date thereafter, at a price equal to the principal amount thereof phis interest accrued to the date of redemption. The City will cause notice of the call for redemption to be published if and as required by law and, at least thirty (30) days prior to the designated redemption date, will cause notice of the call thereof to be mailed by first class mail to the registered owner of any Obligation to be redeemed at the owner's address as it appears on the bond register maintained by the 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 Obligation not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Obligations or portions of Obligations 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 Obligations or portions of Obligations shall cease to bear interest. Upon partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. Bonds maturing in the year 2008, 2011 and 2015 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on December 1 in each of the years shown below, in an amount equal to the following principal amounts: 7 Term Bonds Maturing in 2008 Term Bonds Maturing in 2011 Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount 12/1 /06 $40,000 12/1 /09 $41,000 12/1/07 39,000 12/1/10 43,000 12/1/08 (maturity) 40,000 12/1/11 (maturity) 44,000 Term Bonds Maturing in 2015 Sinking Fund Aggregate Payment Date Principal Amount 12/1/12 $46,000 12/1/13 48,000 12/1/14 50,000 12/1/15 (maturity) 52,000 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 Obligation 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 satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Obligations of other authorized denominations. Upon such transfer or exchange the City will cause a new Obligation or Obligations to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject. to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Obligations have been designated 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 Obligation is registered as the absolute owner hereof, whether this Obligation is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND 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 Obligation in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to 8 the issuance hereof, the City Council has levied ad valorem taxes on all taxable property in the City, which taxes are estimated to be receivable in the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Obligations when due, and has appropriated such taxes to its General Obligation Equipment Certificates of Indebtedness, Series 2006A Sinking Fund for the payment of such principal and interest; that if necessary for payment of such principal and interest when due, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount and that the issuance of this Obligation, 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 the City to exceed any constitutional or statutory limitation of indebtedness. This Obligation shall not be valid or become obligatory for 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 manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Lake Elmo, Minnesota, by its City Council, has caused this Obligation to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Obligation to be dated as of the date set forth below. Date of Authentication: CITY OF LAKE ELM , MIINESOT fa imile i a e - M or f OF AUTHENTICATION This is one of the Obligations delivered pursuant to the Resolution mentioned within. CITY FINANCE DIRECTOR, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Obligation, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UTMA ................... as Custodian for ..................... (Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act .............. (State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Obligation and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Obligation on the books kept for registration of the within Obligation, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond v.rith the name as it appears upon the face of the within Obligation in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL, SECURITY OR. OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] Section 3. General Obligation Equipment Certificates of Indebtedness. Series 2006A Sinking _Fun d. So long as any of the Obligations are outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Equipment Certificates of Indebtedness, Series 2006A Sinking Fund (the Sinking Fund), and the principal of and interest on the Obligations shall be payable from the Sinking Fund. The City irrevocably appropriates to the Sinking Fund (a) any amount in excess of $ received from the Purchaser (including amounts representing capitalized interest); (b) all taxes levied and collected in accordance with this Resolution; and (c) all other moneys as shall be appropriated by .the City Council to the Sinking Fund from time to time. If the balance in the Sinking Fund is at any time insufficient to pay all interest and principal then due on all Obligations payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Sinking Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. 10 Section 4. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Obligations as such payments respectively become due, the full faith., credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amount needed to meet when due the principal and interest payments on the Obligations, ad valorem taxes are hereby levied on all taxable property in the City. The taxes are to be levied and collected in the following years and amounts: Lew Years Collection Years Amount See attached Levy Computation The taxes shall be irrepealable as long as any of the Obligations are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. Section 5. Defeasance. When all of the Obligations have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the registered owners of the Obligations shall cease. The City may discharge its obligations with respect to any Obligations 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 Obligation should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also at any time discharge its obligations with respect to any Obligations, subject to the provisions of law now or hereafter authorizing and regulating such - action, by depositing irrevocably in escrow, with a bank qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time 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. Section 6. Certification of Proceedings. 6.01. Registration of Obligations and Leyy of Taxes. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Washington County and obtain a certificate that the Obligations have been duly entered upon the Auditor's bond register and the tax required by law has been levied. 6.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Obligations and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Obligations, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 11 Section 7. Tax Covenants; Arbitrage Matters, Reimbursement and Continuing Disclosure. 7.01. General Tax Covenant. The City covenants and agrees with the registered owners from time to time of the Obligations that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Obligations 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 covenants to take any and all actions within its powers to ensure that the interest on the Obligations will not become includable in gross income of the recipient under the Code and the Regulations. In particular, the City covenants and agrees that all proceeds of the Obligations will be expended solely for the payment of the costs of acquisition and installation of capital equipment to be owned and maintained by the City and used in the City's general governmental operations. The City shall not enter into any lease, use or other agreement with any non -governmental person relating to the use of the equipment or security for the payment of the Obligations which might cause the Obligations to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 7.02. Certification. The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Obligations pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of 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 Obligations which make it reasonable to expect that the proceeds of the Obligations will not be used in a manner that would cause the Obligations to be "arbitrage bonds" within the meaning of the Code and Regulations. 7.03. Arbitraae Rebate. It is hereby found that the City has general taxing powers, that no Bond is a "private activity bond" within the meaning of Section 141 of the Code, that 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City, and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City and all subordinate entities thereof during the year 2006 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 7.04. Reimbursement. The City certifies that the proceeds of the Obligations will not be used by the City to reimburse itself for any expenditure with respect to the equipment which the City paid or will have paid more than 60 days prior to the issuance of the Obligations unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which 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 equipment meeting the requirements of Section 1.150-•2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the equipment as defined in Section 1.150- 2(f)(2) of the Regulations which in the aggregate do not exceed 20% of the "issue price" of the Obligations. 12 7.0.5. Qualified Tax -Exempt Obligations. The City Council hereby designates the Obligations as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) and are not excluded from this calculation by Section 265(b)(3)(C)(ii) of the Code which have been and will be issued by the City and all subordinate entities during calendar year 2006 does not exceed $10,000,000. 7.06. Continuing Disclosure. Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the Rule) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for the Obligations, it has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the bondholders to provide certain disclosure information to prescribed information repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule. The principal amount of the Obligations is less than $1,000,000. The City hereby represents that it has not issued within the six months before the date of issuance of the Obligations, and that it reasonably expects that it will not issue within six months after the date of issuance of the Obligations, other securities of the City of substantially the same security and providing financing for the same general purpose or purposes as the Obligations. Consequently, this City Council hereby finds that the Rule is inapplicable to the Obligations, because the aggregate principal amount of the Obligations and any other securities required to be integrated with the Obligations thereunder is less than $1,000,000. Therefore, the City is not required to enter into any undertaking to provide continuing disclosure with respect to the Obligations. 7.07. This resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this 7th day of February, 2006. THE CITY OF LAKE ELMO, Dean Johnston, Ma-br 13 PROJECTED LEVIES Date Lev Total 14 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-014 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO CB&I CONSTRUCTORS, INC. FOR THE ELEVATED WATER STORAGE TANK NO. 2 BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to CB&I CONSTRUCTORS, INC. in the amount of $46,312.50 for work improvements to the Elevated Water Storage Tank No. 2. ADOPTED by the Lake Elmo City Council the 7th day of February, f►11:� Dean Johnston, ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-013 A RESOLUTION APPROVING PARTIAL PAYMENT NO.3 TO CHRIS RILEY UTILITIES, INC. FOR WATER SYSTEM INTERCONNECT -PHASE III (Jamaca Avenue, Stillwater Boulevard and 31St Street) BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 3 to CHRIS RILEY UTILITIES INC. in the amount of $10,709.71 for Water System Interconnect -Phase III. ADOPTED by the Lake Elmo City Council the 7th day of February, 2006. pu-L" Dean Johnston, ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-012 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 2 TO CHRIS RILEY UTILITIES, INC. FOR WATER SYSTEM INTERCONNECT -PHASE III (Jamaca Avenue, Stillwater Boulevard, and 31St Street) BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 2 to CHRIS RILEY UTILITIES INC. in the amount of $82,522.66 for Water System Interconnect -Phase III. ADOPTED by the Lake Elmo City Council the 7th day of 2006. Dean Johnston, Ma ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-011 A RESOLUTION APPROVING PARTIAL PAYMENT NO.4 TO CHRIS RILEY UTILITIES, INC. FOR WATER SYSTEM INTERCONNECT -PHASE I BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 4 to CHRIS RILEY UTILITIES INC. in the amount of $10,427.20 for Water System Interconnect -Phase I. ADOPTED by the Lake Elmo City Council the 7th day„ of February, 2006. Dean Johnston, ATTF4T- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-010 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 305, 306, DD614 through DD626, 28563 through 28598, were used for Staff Payroll dated January 19th, 2006; Claim Numbers 307, 308, DD627 through DD637, 28599 through 28605, were used for Staff Payroll dated February 2'd, 2006; claims 309, 28606 through 28669, in the total amount of $578,099.89 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 7th day of February, 2006. can A. Johnston Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-09 A RESOLUITON ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR THE WATER SYSTEMS INTERCONNECT PHASE IV PROJECT WHEREAS, a resolution of the City Council adopted the 61h day of December, 2005, fixed a date for a council hearing on the proposed improvement for the Water Systems Interconnect Phase IV Project. AND WHEREAS, ten days' mailed notice and two week's published notice of hearing was given, and the hearing was held thereon the 171h of January, 2006, at which all persons desiring to be heard were give an opportunity to he heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered proposed in the council resolution adopted the 17t' day of January, 2006. 3. TKDA is herby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. ADOPTED by the Council this 17`h day of January, 2006. Dean Johnston, May r CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-008 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Number 28562, in the total amount of $270.00 is hereby approved. ADOPTED, by the Lake Elmo City Council on the 171" day of January, 2006. Dean A. Johnston Mayor ATTEST: L-,A_tI) CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-007 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 302, 303, DD604 through DD613, 28495 through 28502, were used for Staff Payroll dated January 5th, 2006; claims 304, 28503 through 28561, in the total amount of $399,460.65 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 17"' day of January, 2006. Dean A. Johnston Mayor ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006- 00 (�O A RESOLUTION RESCINDING RESOLUTION 2004-074 AND ESTABLISHING CITY COUNCIL WORKSHOPS WHEREAS, at its December 20, 2005 meeting, the City Administrator recommended that Council Committees be restructured and that the City Council meet at a workshop on a regular basis. WHEREAS, at its December 20, 2005 meeting, the City Council determined that it would be in the public interest to conduct regularly scheduled Council Workshops which would eliminate the necessity for the Public Health and Safety Council Committee meetings; Public Works Council Committee meetings; and Finance, Legal, Legislative, Personnel Council Committee meetings. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establish regularly scheduled Council Workshop meeting dates for the second Tuesday of each month commencing at 6 p.m., as shown on the colored 2006 meeting calendar. BE IT FURTHER RESOLVED, that Resolution No. 2004-074 Establishing City Council Committees is hereby rescinded. ADOPTED by the Lake Elmo Ci Council on the 3rd ay of Jan ry, 006. Dean Johnston, Mayor le CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2006-005 A RESOLUTION ADOPTING THE 2006-2010 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, at its November 21, 2005 meeting, the Lake Elmo Planning Commission held a public hearing on the draft 2006-2010 Capital Improvements Program. WHEREAS, the Planning Commission recommends adoption of the 2006-2010 Capital Improvements Program. WHEREAS, the Lake Elmo City Council reviewed the draft 2006-2010 Capital Improvements Program recommended by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council approves the 2006-2010 Capital Improvement Program as the planning guide to capital expenditures. ADOPTED, by the Lake Elmo City Council on the 3rd January, 2006. Dean Johnston, Mayo ATTEST: artin Rafferty, Cit4irator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-004 A RESOLUTION AMENDING THE 2030 COMPREHENSIVE PLAN WHEREAS, in September, 2005, the City of Lake Elmo submitted its 2030 Comprehensive Plan to the Metropolitan Council as substantially modified from earlier versions by the Memorandum of Agreement between Lake Elmo and the Metropolitan Council. WHEREAS, at its August 8th meeting, the Lake Elmo Planning Commission held a public hearing regarding the modified Plan and the City Council had adopted the Plan, subject to Metropolitan Council review and endorsement. WHEREAS, on September 28, 2005, Lake Elmo received a letter from the Metropolitan Council staff requesting the City to submit certain modifications and factual/technical corrections/amplifications to the Plan. WHEREAS, at its December 19th meeting, the Planning Commission held a new Hearing on the two modifications Win. WHEREAS, at its January 3, 2006 meeting, the Lake Elmo City Council reviewed the two plan modifications as follows: 1. Replacement text for the second to last paragraph on Page III -I I addressing future remedial actions by the City responsive to Metropolitan Council Resolution No. 2005-20. 2. Text regarding the Village Area Plan, as prepared by the City's Village Area Plan consultant, that would be inserted following Page III-9 of the Plan. WHEREAS, at its January 3, 2006 meeting, the Lake Elmo City Council amended Chapter III, Land Use as outlined in Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve amending the 2030 Comprehensive Plan regarding the Village Area and regarding compliance with Metropolitan Council Resolution No. 2005- 20. ADOPTED, by the Lake Elmo City Cfulleki on the ay of Janu , 2 06. i Dean Johnston, Mayor ATT T: Vin J. Raffe it mini for EXHIBIT A Except as hereinafter provided, should the periodic review reveal the City has not attained the projected population and the projected use of REC units, the City will implement the following remedial measures in a manner which is proportional to the shortfall and reflects the annual sewer charges established by the Metropolitan Council provided that, a "wastewater inefficiency fee" will not be imposed if imposing such fee would be in conflict with any of the provisions of the Memorandum of Understanding and, in no case will the implementation of these remedial measures result in year 2030 projections of sewered dwelling units, sewered employment, total dwelling units or population in excess of those agreed to by the City and the Metropolitan Council by the 2005 Memorandum of Understanding between the City and the Metropolitan Council. 1. Automatic adjustment of the growth staging table to reflect the growth of households, population and RECs needed to meet the population commitments the City agreed to under the Memorandum of Understanding. The adjusted growth staging table, upon approval of the Metropolitan Council, shall be deemed to be immediately incorporated in the City's comprehensive plan. This remedy includes appropriate and timely modification of official controls, e.g., zoning and subdivision ordinances which are consistent with the comprehensive plan, in accordance with state law, to implement the comprehensive plan. 2. If the City does not meet its population commitment in 2010, its household commitments for 2015, 2020, 2025 and 2030 shall each be adjusted upward by an amount equal to the difference between the committed population and the actual population in 2010, multiplied by 0.5. This process shall be repeated in 2015, 2020, 2025 and 2030. Housing units added under this provision shall be added at an average density of at least 3 units per acre. If the City does not meet its REC commitments in 2010, it shall pay to the Metropolitan Council a "wastewater inefficiency fee" (WIF) 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. A determination will be made on the number of deficient RECs by subtracting actual RECs from the committed RECs identified in the adopted comprehensive plan. A WIF shall be paid for every deficient REC and will be due on the dates specified below. Estimated WIF per Each Time Frame Deficient REC Payment Date 2007-2010 $2,600.00 January 31, 2011 2010-2015 $4,200.00 January 31, 2016 2015- 2020 $5,200.00 January 31, 2021 2020-2025 $5, 500.00 January 31, 2026 2025-2030 $5,600.00 January 31, 2031 If the City achieves the committed number of RECs after a WIF is assessed to the City, a service availability charge (SAC) credit will be granted for each deficiency_ REC for which a WIF was assessed. The SAC credit will be granted at the end of each five-year staging period. Conditions beyond the control of the City, such as a reduction in housing construction in the region's development communities, due to a downturn in the economy or a long-term recession, may adversely affect the City's ability to meet its population, household and REC commitments. Accordingly, if the City has been unable to meet its population, household and REC commitments because of adverse economic conditions, the City may petition the Metropolitan Council for a modification of the growth staging components of the plan if, after the end of a five-year staging period, the following circumstance is verified: the City's production of population households and RECs as a percent, as a percentage of the population, household and REC commitments stated in the growth staging table, equals or exceeds the regions developing communities production of population, households and RECs as a percentage of the regions developing communities forecasted population, households and RECs. If the City's right to petition is triggered and the City petitions the Metropolitan Council for modifications, the Metropolitan Council will not unreasonably deny the petition. F:\users\Janice\Jerry\LE\Met Council Remedial Measures.doc CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-003 A RESOLUTION ADOPTING THE NOVEMBER 29, 2005 "COMPREHENSIVE TRAIL GUIDE PLAN" WHEREAS, the Lake Elmo Parks Commission, following months of work with its consultant (SEH), presented a proposed Trails System Plan to the Planning Commission as a Comprehensive Plan Amendment in July, 2005. WHEREAS, at its July 11, 2005 meeting, the Planning Commission held a public hearing on the proposed Plan Element and at the conclusion of the hearing tabled consideration of the Plan Element pending a workshop with the Parks Commission on August 9, 2005. WHEREAS, following the Hearing and Workshop the Park Commission worked with its consultant (SEH) to address issues raised and directed the consultant to incorporate the modifications in the November 29, 2005, Plan Element. WHEREAS, at its December 12, 2005 meeting, the Planning Commission considered the revisions to the Trail Plan prepared by the Park Commission and its consultant (dated November 29, 2005) and recommended adoption of the Plan as an element of the Lake Elmo Comprehensive Plan. WHEREAS, the November 29, 2005 "Comprehensive Trail Guide Plan" was presented to the City Council on December 20, 2005 and January 3, 2006, as recommended by the Park Commission and the Planning Commission as an element of the Lake Elmo Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve and accept the November 29, 2005 "Comprehensive Trail Guide Plan" as an element of the Lake Elmo Comprehensive Plan. ADOPTED, by the Lake Elmo City Council on the 3rd day uary, 2006. Dean Johnston, Mayor ATTEST:, Martin J. Rafferty,` City Resol Comp Trail Guide Plan CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-002 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 299, 300, DD594 through DD603, 28448 through 28463, were used for Staff Payroll dated December 20th, 2005; claims 301, 28464 through 28494, in the total amount of $357,039.78 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 3ra day of January, 2006. ATTEST: laity Administrator Dean A. Johnston Mayor ,iTY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-001 A Resolution Authorizing Signatures for Payment of Funds from Lake Elmo Bank WHEREAS, on January 3, 2006 the City designated the Lake Elmo Bank as the official depository for the funds of the City of Lake Elmo; and NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council hereby approves the following: 1. Mayor Dean Johnston and either Martin Rafferty, Charles Dillerud, Thomas Bouthilet shall sign all checks and order for payment of money and withdraw funds on deposit with the Lake Elmo Bank. 2. Mayor Dean Johnston's facsimile signature may be used to endorse all checks and orders for the payment of money and to withdraw funds on deposit with the Lake Elmo Bank. 3. This resolution shall continue to have effect until expressed written notice of its rescission or modification has been received and recorded by the Lake Elmo Bank. ADOPTED by the Lake Elmo City Council this 3rd day of Ja �_ 2006.. Dean A. Johnston, Mayor