HomeMy WebLinkAbout1973 ResolutionsR-73-1 Ties. requesting attorney to prepare Petition to the Valley
Dr.anch Watershed lei- strict in the Putter of Connecting Lake
,Ian- to T acrle Point I,ake
P -7: -' Rf-s . Authorizing Agreement Relating to Paying Agency r
(T)PsiRnating lst National Bank- of St. Paul as paying agent yf,
for street improvement bonds dated Oct. 1, 1966 & Oct. 1, 1967)
£1-73-3 Res. Requestina Re -Evaluation of Geometric Design of proposed
Interchange at the Intersection of Minnehaha Avenue (now loth
Street) and Trunk Hi_c*hway 694.
R-73-4 Res. Receivinq Preliminary Report and Calling for Public Hearing
on Improvement Project 1973-1.
R-73-5 Res. Ordering Improvements to be known as the Helmo Avenue Improve—
ment Project 1973-1 and Authorizing Preparation of Final Plans
and Specifications Therefor.
R--73--6 Res. Renaming part of 45th Street North
R-73-7 Res. Approving Agreement with Department of Highways.
R-73-R Res. Directing Acquisition of Land for Street Purposes and
Authorizing Condemnation Proceedings
R-73--9 Res. Naming New Street (Improvement Project 1973-1)
R-7.3-10 RPs. Expressing Support of Park and Open Space Bills
R-73-11 Res. ordering Public Improvement 1973-2 (I-94 Utility Crossings)
and Preparation of Plans Therefor
R-73-12 Res. Finding Battle Creek Drainage S�t`udy Unacceptable
R-73-13 This number was not used
R-73-14 Res. Temporarily Restricting Building on Certain Lakeshore Lots
R-73-15 Res. Receiving Preliminary Report and Calling for Public Hearing
on Improvement. Project 1973-3
R-73-16 Res. Approving Release of Lot 5 to State of Minnesota on Peti'
of C. W. Graves in Exchange for Drainage Easement
R-73-17 Res. Approving Highway) Dept. Plans for I-94 and C.R. 19B in
the Village of Lake Elmo
R-73-18 Res. Approving the Construction of Interstate Trunk Highway 94
R-73-19 Res. Approving Plans and Specifications and Ordering Advertisemei
for Bids for Improvement Project 1973-1 (Helmo Avenue)
R-73-20 Res. Approving Plans for Improvement Project 1973-2 (I-94
Utility Crossings) and Ordering Advertisement for Bids
R-73-21 Res. -receiving Preliminary Report and Calling for Public Hearing
on Improvement Project 1973-5 (Jamaca Court Drainage Project) .
T:-73-12 Res. Ordering Bearing on the Construction of County Road 19B
I-73-23 Res. Ordering 'besting of Septic Systems & Elimination of Pollution.4
R--73-24 Res. Receiving Preliminary Report and Calling for a Public Hearing
on Improvement Project. 1973-6 (Blacktopping of 33rd Street Lane
North) .
R-73-25 Res. Directing the Acquisition of Land for Street Purposes and
Authorizing Condemnation Proceedings.
R-73-26 Reg Ordering Improvement Project 1973-5 (Jamaca Court Drainage
Project) .
R--73-27 Res. Ordering Improvement Project 1973-� (Blacktopping of
33rd Street Lane North).
R-73-2B Res. Accepting Bid for Construction of Improvement Project
1973-2 (I-94 Utility Crossings).
R--73-29 Res. Accepting Bid for Public Improvement 1973-1 (Helmo Avenue),
Subject to Certain Conditions.
R-73-29A Res. entering into agreement with State of Minnesota to
supplement Agreement No. 57404 dated March 26, 1973.
R-73-30 Res. Rejecting all Bids for Improvement Project 1973-2 (I--94
Utility Crossings) .
R-73-31 Res. Consenting to Judicial Vacation of the Plat of "Egan acres".
R-73--32 Res. Approving Establishment of County -Wide Investigative unit.
R-73-33 Res. Establishing a Budget for 1974.
R-73-34 Res. Establishing Driveway Location for Graves Property
R-73-35 Res. Approving Preliminary Plans for 694/Minnehaha Interchange.
R-73-36 Res. Declaring Cost To Be Assessed and Adopting the assessment }
for the 1972 Water Main Extension Project. 1
R-73-37 Res. Accepting Final Report of Eugene A. Hickok & Associates ot-
the Battle Creek Drainage Study, with Certain Reservations. If
R-73-38 Res. Granting Variance from The Provisions of the Subdivision
Ordinance of the former Town of East Oakdale (Herbst)
RESOLUTIONS
y THE VjA� ATTORNEY, EXECTITED BY
D DIS'PRIGT
_1 A REST TOIL FOR PREPARING A PE' LBLFY BR_A1�CH VATERSHE
R 73 CLERK AND FILED YAIVG AGENCY.
THE MAYOR AND `' LATG `� OF Tim
GEON[ETRIC DESIGN
R 73--2 A RESOZUPION AUTHORIZING AGREE , OF THEHAHA AVENUE(10TH
R '73--3
A RESDLiJTiON REQUESTING RE-EVAITIO� OF
PROPOSED INTERCHANGE AT THE 1N• ALLII�G pUSLIC HEARING
STREE,f) AND TRUNK HIGHWAY 694.
LUTIDN RECEIVING PRELIMZ~ SPORT � C
R 73-4 A DSO EFLMO AVENUE
ON =MpROVFMENT PROJECT 1973-1• BE AS THE PANS AND
0
ORDERING TMPROVE95 PA•ATION OF F
R 73-5 A R�gOLUTION gORIZING PRE
TMP,RDV,MT PROJECT 1973-1 AN.,
SPF�IFICATIONS THEREFOP g��MT NORTH•
A �SOLUI'ION RENAMING PART OFA,5T TENT OF HIGHWAYS.
R 73-6 )AITH DEP AET PUROSES AND
A RESOLUTION APPROVIl�IG AGREDN�`� OF LAND FOR SIRE
R 73-7 DIRECTING ACQUITTIflN
R 73—$ A RESOLUTION
UTHOCONDEMNATION PRCC
CONDEMNEID�GS *
A
RIZING Itap-ft,OV�M�� pROJEGT I-973~l) •
RESOLUTION NAMING NEW STREET � AOPEN SPACE
A RESOLBILLS.
R 73~9 ESOLUTION 1973
EXPRESSING SUPPORT OF VARY, 194 UTILITY CROSSINGS)
R 73-10 A RT''2 -
A RESOLUTION ORDERING PUBLIC 10� ABLE._
R 73-11 STUDY ACG�Pi
AND PREPARATION OF PL_A�TS THEE DIIAJNAGE
~12 A RESOLUTION FINDING BATTLE CREEK
R 73 CERTAIN LA�"SHORE T�]TS.
R 73-13 �l�-PPed l-Ly RESTRICTING BUILDING ON G FOR PUBLIC BEARING
SOLLIT ION TEMPORAR H,FFORT AND C ALLIN
R 73-14 A � �LIMINARY
RESOLUTION RECEIVING PRL
R 73~�5 A PROJE�`T 973-3 TO ST ATE OF MINNESaTA ON
ON IMPROVE
RELEASE OF LOP FIVE INAGE EASEIT •
R 73~lb A RESOLUTION APPROV PVF EXC NGE FOR DRA THE IMPROVEN�NT
PrTITION OF G.W. GRAVES IN PROVISIONS FOR
SPECIAL - ER 94 WITHIN
A RESOLUTION APPROVING PLANS AND RED AS TRUNK HIGHWAY N
R 73~i7 IGHtidAY NUMBER 392 RENUNiBE
OF TRUNK H HIGHWAY 94.
T� LIMITS OF THE VILLAGE OF LAKEU� OIL OF INTERSTATE TRVK
A RESOLUTION APPROVING TITJ GON
D SPECIFICATIONS AND ORDERING ADVERTISBV
R 73-18 (HE AVENUE) •
—19 A RESOLUTION APPROVINGNT PROJECT 1973~1 {� 2 I UTILI
R 73 FOR IMPROVE ROVEMENT pROJECT 1973— -9
FOR BIDS
A RESOLUTION APPROVING PLANS R 0 SEMENT' FOR BIDS • PL�BLI=C HEARII�
R 73-20 ORDERING ADVD AND C AIDING FOR
CROSSINGS) AND F,LIMINARY REPORT pR,oJECT ) .
R 73-21 A RESOLUTION RECEIVING CA GOURT DRAINAGE COUNTY ROAD 19B-
5 (JAMA
ON IMPROVF�NT pROJECT 1973- CONSTRUCTION OF
A RESOLUTION ORDERING HE
ARING ON THE ELIMINATION OF POZ
R 73-22 ORDERING TESTING OF SEPTIC SYSTEMS AND
A -RESOLUTION
R 73-23
R 73-.24 A RESOLUTION RECIEVING PRELIMARY & CALLING FOR A PUBLIC HEARING ON
IMPROVEMENT PROJECT 1973-6 (BLACKTOPPING OF 33RD) STREET LANE NORTH).
R-73--25 A RESOLUTION DIRECTING THE ACQUISITION OF LAND FOR STREET PURPOSES
AND AUTHORIZING CONDEMNATION PROCEEDINGS.
R--73-26 A RESOLUTION ORDERING IMPROVRMENT 1973--5 (JAMACA COURT DRAINAGE PROJECT)
R--73-27 A RESOLUTION ORDERING IMPROVEMENT PROJECT '973-6 (BLACKTOPPING OF
33RD STREET LANE NORTH)
R 73-28 A RESOLUTION ACCEPTING BID FOR CONSTRUCTION OF IMPROVEMENT PROJECT
'973-2 (I--94 UTILITY CROSSING).
R-73-29 A RESOLUTION ACCEPTING BID FOR PUBLIC IMPROVEMENT ;973-1 ':;(HELMO
AVENUE), SUBJECT TO CERTAIN CONDITIONS.
R-73-29A A RESOLUTION ENTERING THE VILLAGE INTO AN AGREEMENT WITH THE STATE
OF MINNESOTA DEPSRTMENT OF HIGHWAYS TO VOID AGREEMENT NUEBER M04
R-73-40 A RESOLUTION REJECTING ALL BIDS FOR 1MPROVFAMT PROJECT '973-2
(I--94 UTILITY CROSSING) .
R-73-31 A RESOLUTION CONSENTING TO JUDICIAL VACATION OF THE PLAT OF "EGAN
ACRES".
R 73-32 A RESOLUTION ESTABLISHMENT OF COUNTY WIDE INVESTMENT UNIT
R--73--33 A RESOLUTION ESTABLISHING A BUDGET FOR "974
R--73--34 A RESOLUTION ESTABLISHING DRIVEWAY LOCATION FOR GRAVESTPROPERTY
R- 73-35- - A RESOLUTION APPROVING PLANS FOR 69/MTNNEHAHA INTERCHANGE:-
R-73--36 A RESOLUTION DECLARING COST TO BE ASSESSED AND ADOPTED THE ASSESSMENT
FOR THE 1972 WATER MAIN EXTENSION PROJECT.
R-73--37 A RESOLUTION ACCEPTING FINAL REPORT OF EUGENE A. HICKOK & ASSOCIATES
ON THE BATTLE:CREEK DRAINAGE STUDY, WITH CERTAIN RESERVATIONS.
R-73-38 A RESOLUTION GRANTING VARIANCE FROM THE PROVISIONS OF THE SUB-
DIVISION ORDINANCE OF THE FORMER TOWN OF EAST OAKDALE.
R-73-1
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
WHEREAS, a number of residents of the Village of Lake Elmo
have prepared and proposed to the Village Council a Petition to the
Valley Branch watershed District praying that said Watershed District
proceed with a project; and
WHEREAS, the purpose of said project would be to prevent flood
damage to certain land within the Village of Lake Elmo; and
WHEREAS, it appears from the representations of said citizens
that there is a potential flood problem affecting land exclusively
within the Village of Lake Elmo; and
WHEREAS, said Watershed District is required by the provisions
of Chapter 112 of the Minnesota Statutes to proceed with a hearing
to determine whether a proposed improvement is in the public interest
and welfare and is practicable and in conformity with the Overall
Plan of the District when a Petition for a project is filed by the
governing body of a village, in such cases; and
WHEREAS, the said residents have agreed to bear any costs for
which the Village of Lake Elmo may become liable in the event the
proceedings on the proposed Petition are dismissed or for any reason
no contract is entered into for the construction of the improvements
petitioned for; and
WHEREAS, the Village Council has determined it is proper and
in the public interest for the Village of Lake Elmo to file such a
Petition with the Watershed District in order to have the Board of
Managers thereof determine the necessity, practicality, and pro-
priety of such a project;
NOW, 'THEREFORE, BE IT RESOLVED, that a Petition substantially
in the form of the proposed Petition filed by the said residents
with the Village Council on January 2, 1973, be prepared by the
Village Attorney, executed by the Mayor and Clerk and filed with the
Valley Branch Watershed District prior to the meeting of its Board
of Managers on January 11, 1973.
Adopted by the Village Council this 2nd day of January, 1973.
U f)
Calvin J�Brookman, Mayor
Attest:
Donald Mehsikomer, Clerk
A PETITION TO THE VALLEY BRANCH
WATERSHED DISTRICT
IN THE MATTER OF CONNECTING
LAKE JANE TO EAGLE POINT FAKE
JANUARY,1972
Page 1
INTPODUCTION
This document is a petition for a watershed project generated primarily
by concerned residents of the village of Lake Elmo who own property on
and/or reside on the Shores of Lake Jane, located in the Village of Lake
Elmo, requesting that consiae-otion be given to the project described herein
that in offered- as A plan and method to alleviate 'a potential flooding con-
dition on on Lake Jane, all the Mile maintaining the quality of this lake,
creatinS only minimal impact on the land, ,over which any crater would be passed,
minimizing the impact on other downztrm an. bodies of crater located within the
village into which or through which any flood waters would pass, and allowing
for the easy incorporation of other flood control plans to alleviate ;potential
flood conditions well known to exist on other: lakes and ponds within the village -
specifically Lakes Olson, DaMontreville ar& Deer Fond.. Those signees of this
petition who are not Lake Jane re0dents represent concerned village citizens
who also recognize the potential seriousness of the general high water conditions
well known to exist in the village and subscribe to the necessity for timely
action to evoi.d real flood damage in the future, realizing that such timely
action, properly planned and executed, will allow all of us to maintain the high
quality of life also well known to currently exist in the Village of Lake Elmo,
RATIONALE
The ult3�,ate goal of the petitioners is to file this petition for a watershed
project with the board of managers of the Valley Branch Watershed District, but
it is being served to the village council or the village of Lake Elmo for he
following reasons:
(1) Vice -mayor Fobert R, Watson expressed concern about the current high wate:r
level. on Lana Jane and requested that a plan be developed to alleviate these
potential flooding conditions before any (more serious) damage occurs. He
presented these feelings in a motion to the council at their regular meeting
on November 8, 1972, The motion passed unanimously, This; petition answers
his request,
(2) In the M,1NtWS0TA WATERSHED ACT as amended by the Laws of 069, paragraph
112,48 APPROVAL OF OVERALL PLAN; FILING OF PETITION; CONTENTS; BUMS
Subdivision 1, where it is determined who ^hall sign a w ershed project
petition, the law clearly staters
Page 2
"Provided, however, if the proposed project affects lands exclusively
within a city, village:, or borough, the petition shall originate from
the governing body of such city, village or borough,"
The urdersi_gned submit that the proposed watershed project lies wholly
within the boundaries of the Village of bake Elmo..
REQUEST
The undersigned do request that the Council of the Village of Lake Elmo
receive this petition, review and endorse it and formard it to the Board
of Managers of the Valley Branch Watershed District as soon as possible,
filing it with then as required by paragraph 112.48 of the MINN S❑TA
WATERSHED ACT.
Page 3
PETITION
(1) Descriptlan of the project ai-A its purpose (See Figure 1)
It is proposed that an outlet be created for Lake Jane in the form of a
weir located at the southwest corner of the lake. The weir would be
connected to a, watexvay which would be constructed heading west.initially,
then turning south passing through a pond called Hedges' Pond, and then
through or into a pond. called Crombie Pond. From Crombie Pond the waterway
would continue southward passing just east of the small development called
Garner Farmettes and then under the new through Highway #212. In this
general area the wateTvay would be connected with Eagle Point Creek. In
this manner water would be carried from :sake ,.lane to Eagle Point Lake.
A more detailed study would be required to determine the exact connection
point to the creek and any additional work that might be necessary on Eagle
Point Creek itself in order that it would perform as an adequately sized
water -course in the event of a large scale storm.
The purpose of the waterway described above :could be to accept and carzy
away excess water whenever the level_ of Lake Jane rose above the weir which
z•:ould be installed on the lake and whose level would have been determined
by the ninnssot-a Pc artment of Natural Resources,
(2) De carlption of the lands
The proposed project would ccrnmence in the southern half of so^ tion 9 of
Township 29 North, Range 21 West, It would turn and pass in a southerly
direction through the eastern half of section 16 of Township 29 Nontn, Range
21 West, It would then turn slightly to the southeast passing through the
noa thea_st quarter of section 21 Township 29 North, Range 21 Wect and
terminate in the northwest quarter of section 22 of Township 29 North,
Range 21 West.
The undersigned submit and agree that the above seated description could
be revised slightly as a result of a more detailed study by the engineers
of the Valley Branch Watershed District.
(3) That part of the Valley Branch Watershed District. affected.
It is the judgment of the petitioners that the . parr, of the Valley Branch
Wa.tershe?. District affected is that part of the district lying wholly
within the boundaries of the Village of Lake Elmo, Lake Jane, Eagle Point
Page 4
Lake and the ponds, lands and croaks between them will receive obvious
primary impact.. There is a possibility (as only a detailed study by the
watershed district engineers would show) that Lake Elmo would be impacted
also, It will be shown below that the project could impact the runoff
characteristics of Lakes Olson and DeMontreville also located within the
village.
() Need and necessity for the improvement.
Lake Jane currently is at a dangerously high level. On October 31, 1972
its level was measured at 920 first above sea. level. It has been many years
since :.he lake was at this level, as is evidenced by the large diameter of
many of the trees that have drowned, at the high water's edge. Including
all sizes, literally hundreds of tees have been lost around the shore of
the lake. The project emi Mied in this petition is necessary to eliminate
this problem.
The variability of the weather (witness our current local record precipi-
tation levels and high ground water content, to say nothing of the gri;.i
national record for large scale flooding during the past summer), the black -
topping of existing roads around the lake and the construction of new orris
in conjunction with the additional urbanization that will surely taRe place
in the suture, all point toward higher run-off rates, Faster zun-off
coupled with the current high lake levels, would result in many homes around
the lake being flooded. At present, none of the homes located around the
lake are inundated. However, operation of some of the septic systems on
the lake is impaired creating expense for the individual homeowner and a
potential community health hazard. The project embodied in this petition
is needed to eliminate these prob! emz.
A continued rise in the level of Lake Jane for whatever reason, would
result in the submergence of some of the septic systems around the Lake.
In addition to the community health hazard mentioned above, this would,
over a period of time, do damage to the lake. In October 1972, Barr Engin-
eering, Engineers to the Valley Branch Watershed District, presented a
report to the board of managers entitled "VALLEY BRANCH LAKE STLMY" . This
report shows the present water quality of Lake Jane to be far superior to
many other lakes in the area., and in one respect comparable to Clearwater
rake in the northern part of the state. The project embodied in this
Page 5
petition is necessary to protect and maintain the quality of Fake Jane,
(5} How conducive to publ% health, convenience and welfare.
The proposed project will be conducive to the public health and welfare.
As stated above, a continued rise in the level of Lake Jane with no relief,
would result in the submergence of several of the residential septic systees
around the lake. Providing a controlled outlet for Lake Jane as requested
in the petition would eliminate this submergence, the attendant community
health hazard and expense for the individual homeowner to repair damaged
septic systems,
Controlling the level of the lake will improve the beauty and quality of
the shoreline by the elimination of drowned trees and erosion of the banks
caused by variations in the shoreline,
The proposed project: will be conducive to the public convenience. Lakes
Olson and DeMontreville, located at a higher level and in the vicinity of
Lake Jane are being fed water outside their normal watershed. While Lake
Olson has a tireir Installed in it now, there is nowhere for water flowing
cot of the weir to go without doing damage in the Deer ?pond axea, Once the
waterwal described in the project embodied in this petition were constructed.,
a Mort waterway could. be led from Deer Fond to Crombie Pond, thus easily
and conveniently orea,ting an exit for. Lake Olson and Lake DeMontreville
overflow.
An alternative route for overflow water from Lakes Olson and DeMontreville
would be through bake Jane (since Lake Jane is at, a, lower level), However,
as stated in the VAL'LAY BRANCH TAKE STUDY mentioned above, Lake Jane is sub-
stantially less eutrophic than lakes Olson and DeMontreville. To protect
Fake Jane, if overflow from these two lakes were to flow into it, either the
effluent would have to be treateds or the quality of the two lakes upgraded
beforehand, Wither of these two courses of action contains high risk - both
for expense and ultimate success, The project embodied in this petition
eliminates the risk and the expense by bypassing Lake Jane,
Page 6
Costs and expenses.
The petitioners agree to pay all costs and expenses which may be incurred
in case the proceeding's are dismissed or for any reason no contract for
the constyuc cion therof is let,
NAME ADDRESS DATE
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FIGURE 1
R -73 -2
RESOLUTION AUTHORIZING AGREEMENT
RELATING TO PAYING AGENCY
VILJAGE OF TAKE ELMO, WASHINGTON COUNTY, MINNESOTA
WHEREAS, the Village of bake Elmo is successor to the former Town of
East Oakdale, Washington County, Minnesota, and
WHEREAS, the former Town of East Oakdale has outstanding certain
Street Improvement Bonds dated October 1, 1966, and October 12 1967; and
WHEREAS, the First National Bank of St. Paul has heretofore acted as
paying agent for the Town of East Oakdale with respect to said bonds; and
MRE;AS, the Village Council desires to continue to have said bank
act as paying agent for said bonds;
NOW, THEREFORE, BE. IT RESOLVED that the Mayor and Clerk are hereby
authorized to execute an appropriate agreement, approved by the village
Attorney, between the Village and First National Bank of Ste Paul under
which said bank will act as paying agent for said bonds.
Adopted by the Village Council this 6th day of February, 1973.
Calvin J. > ookman, Mayor
Attest:
�L
Donald Metisikamer, Clerk
R - 73 -3
RESOLUTION REQUESTING RE-EVALUATION OF THE GEOMETRIC DESIGN
OF THE PROPOSED INTERCHANGE AT THE INTERSECTION OF MINNEHAHA
AVENUE (NOW LOTH STREET) AND TRUNK HIGHWAY 694
VILLAGE OF LAKE E LMD
WASHINGTON COUNTY, MINNESOTA
WHEREAS, the Department of Highways of the State of Minnesota has proposed
a plan for an interchange at the intersection of Minnehaha Avenue (now loth
Street) and Trunk Highway 694 (Department of Highway File No. S.P. 8286
(694=393)901); and
WHEREAS, the Village Council has reviewed said plan with its consulting
engineer; and
WHEREAS, the Village Council has determined that the proposed interchange
would be inadequate to handle the traffic which may be anticipated at that
interchange because of the general development expected in the area served
thereby and, in particular, because a Major Diversified Center involving high
density commercial and residential use is to be constructed in the Village of
Lake Elmo one mile to the East of said interchange:
NOW, THEREFORE, BE IT RESOLVED, that the Village of Lake Elmo, by this
Resolution, urgently requests that the Department of Highways of the State of
Minnesota re-evaluate the geometric design of the said proposed interchange as
it relates to the anticipated Major Diversified Center to be built in the
Village of Lake Elmo as aforesaid.
Adopted by the Village Council this 6th day of February, 1973.
d
�
Calvin J.
Bookman, Mayor
Attest:
Donald Mehsiko6er, Clerk
R - 73 -4
RESOLUTION
V ILIAGE OF TAKE E LMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING
PUBLIC HEARING ON IMPROVEMENT PROJECT 1973-1.
WHEREAS, the Village Council of the Village of Lake Elmo deems it necessary
and expedient that the Village construct certain street improvements in the
Village during the year 1973 as described and recommended by the Village Engineer;
and
WHEREAS, the Council has been advised by the Village Engineer that said
street improvements heretofore described as the T.H. 694 Service Road are feasible
and should best be made as proposed, and the said Engineer's Report to this
effect has heretofore been prepared and presented to the Village Council and will
be filed with the Village Clerk forthwith? and
WHEREAS, the Minnesota Statutes provide that no such improvements shall be
made until the Council shall have held a public hearing thereon following mailed
notice and two publications thereof in the official newspaper stating the time
and place of hearing, the general nature of the improvement, the estimated cost
thereof, and the area proposed to be assessed, in accordance with law;
NOW THEREFORE, BE IT RESOLVED by the Village Council of the Village of Lake
Elmo as follows:
1. That said Preliminary Report is hereby received and the said Engineer
is directed to certify the same and file it with the Village Clerk forthwith.
2. A public hearing will be held at the time and place set forth in the
Notice of Hearing hereto attached to consider said proposed improvements.
3. The nature of the improvements, the estimated cost of each major portion
thereof and the area proposed to be assessed therefor, are described in the form
of the Notice of Hearing hereto attached.
4. The notice of said public hearing shall be in substantially the form
contained in the Notice hereto attached,
5. The Village Clerk is hereby authorized anddirected to cause notice of
said hearing to be given two publications in the official newspaper. Said .
publications shall be one week apart, and at least three days shall elapse between
the last publication and the hearing. Not less than ten days before the hearing
the Clerk shall mail notice of the hearing to the owner of each parcel of land
within the area proposed to be assessed as described in the notice. For the
purpose of giving such mailed notice, owners shall be those shown to be such on
the records of the County Auditor or, if the tax statements in the County are
mailed by the County Treasurer, on the records of the County Treasurer. As to
properties not listed on the records of the County Auditor or the County Treasurer,
the Clerk shall ascertain such ownership by any practicable means and give mailed
notice to such owners.
Adopted by the Village Council thi
s
6th, day of Fe'brjua 1973.
l
Attest:
ALL-/ ? P
Donald Mehsikom- , Village Clerk
Calvin J. Brookman, Mayor
NOTICE OF PUBLIC
HEARING ON IMPROVEMENTS
TO WHOM IT MAY CONCERN:
TIME AND PLACE: Notice is hereby given that the Village Council
of the Village of Lake Elmo, Minnesota, will
meet at the Village Hall in Lake Elmo, Minnesota,
at 7:00 P.M. on Wednesday, June 27, 1973, to
consider the construction of the following
improvements, to -wit:
NATURE OF Acquisition of right-of-way and construction of
IMPROVEMENT: a Major Collector Street between State Highway
12 and Tenth Street North (formerly Minnehaha
Avenue) ; said Major Collector Street would be
a four lane divided highway running generally
North and South and lying between 60 feet West -
of and 124 feet East of the section line between
Sections 34 and 35, Township 29 North, Range 21
West, Washington County, Minnesota, with right-of-
way extensions of 150 feet on either side of said
section line located on either end of said Major
Collector Street for construction of necessary
approaches.
ESTIMATED COST: The total estimated cost of said improvement is
$6502,000.00.
AREA PROPOSED The area proposed to be assessed for such
TO BE ASSESSED: improvement is every lot, piece or parcel of land
within that portion of the Village of Lake Elmo
described as follows:
All land in Sections 34 and 35, Township 29
North, Range 21 West, Washington County,
Minnesota,
benefited by said improvement whether abutting
thereon or not, based on benefits re ce ived and
without regard to cash valuation.
AUTHORITY: The Council proposes to proceed under the
authority granted by Chapter 429 M.S.A.
SUCH PERSONS AS DESIRE TO BE HEARD WITH REFERENCE
TO THE PROPOSED IMPROVEMENT WILL BE HEARD AT THIS
MEETING. WRITTEN OR ORAL OBJECTIONS WILL BE
CONSIDERED.
DATED: June 13, 1973.
BY ORDER OF THE V ILiAGE COUNCIL:
/s/ Donald Mehsikomer
Donald Mehsikomer, Village Clerk
R-73 -5
RESOLUTION
VILLAGE OF LAKE E LMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION ORDERING IMPROVFI�ENTS TO BE KNOWN AS THE 1%LM0
AVENUE IMPROVEMENT PROJECT 1973-1 AND AUTHORIZING PREPARATION
OF FINAL PIANS AND SPECIFICATIONS THEREFOR.
WHEREAS, after due notice of public hearing on the construction of
certain service street improvements in the Village of Lake Elmo, Minnesota,
a hearing on said improvements was duly held, and the Village Council heard
all persons desiring to be heard on the matter and fully considered the same;
NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village
of Lake Elmo as follows:
1, That it is advisable, expedient and necessary that the Village of
Lake Elmo construct certain service road improvements in the Village as
described in and in accordance with the preliminary plans and report prepared
by Bonestroo, Rosene, Anderlik & Associates, Inc,, consulting engineers; as
described in the Notice of Hearing thereon,
Z. Said improvements are hereby ordered and are hereby designated "Helmo
Avenue Improvement Project 1973-1"..
3. Bonestroo, Rosene, Anderlik & Associates, Inc. are hereby authorized
and directed to prepare final Mans and specifications for said project.
Said -plans -shall include a -report to -the Village Council_ describing the -
quality and useability of the swamp lands referred -to in said engineers'
preliminary report, sufficient to enable the council to determine the extent
of benefit to such lands as compared with the non -swamp lands which will
benefit by said improvement.
4. The Village Council hereby ratifies and affirms all prior actions
taken by the Village Council in reference to said improvements, including
but not limited to the conducting of a public hearing thereon.
Adopted by the Village Council this 6th day of March, 1973.
1
Calvin J. Brbokman, Mayor
Attest:
Donald Mehilkofipr, Village Clerk
NOTICE OF PUBLIC
HEARING ON IMPROVEMENTS
TO WHOM IT MAY CONCERN:
TIME AND PIACE; Notice is hereby given that the Village
Council of the Village of Lake Elmo,
Minnesota, will meet at the Village Hall
in Lake Elmo, Minnesota, at 7;00 o'clock
P.M. on Tuesday, March 6, 1973, to consider
the construction of the following improve-
ments, to -wit:
NATURE OF Construction of a Major Collector Street
IMPROVEMENT: between Interstate Highway 94 and Tenth
Street North (formerly Minnehaha Avenue),
which Major Collector Street shall run
parallel to Interstate Highway 694 and
approximately 480 feet East of the center-
line of Section 32, Township 29 North,
Range 21 West, Washington County, Minnesota.
ESTIMATED COST; The total estimated cost of said improvement
is $210,000.00.
AREA PROPOSED The area proposed to be assessed for such
TO BE ASSESSED: improvement is every lot, piece or parcel
of land within that portion of the Village
of Lake Elmo described as follows:
AUTHORITY:
All land in the West One -Half of the
Northeast Quarter, the North One -Half
of the Southeast Quarter, and the North
One -Half of the South Half of the
Southeast Quarter of Section 32,
Township 29 North, Range 21 West,
Washington County, Minnesota,
benefited by said improvement whether
abutting thereon or not, based on benefits
received and without regard to cash valuation.
The Council proposes to proceed under the
authority granted by Chapter 429 M.S.A.
SUCH PERSONS AS DESIRE TO BE HEARD WITH
REFERENCE TO THE PROPOSED IMPROVEMENT WILL
BE HEARD AT THIS MEETING. WRITTEN OR ORAL
OBJECTIONS WILL BE CONSIDERED.
DATED: February 7, 1973.
BY ORDER OF T VILLAGE COUNCIL:
0066�� •
Donald Mehsikomer, Village Clerk
R-73 -6
RESOLUTION
V ILIAGE OF IAKE E LMO
14ASHINGTON COUNTY, MINNESOTA
A RESOLUTION RENAMING FART OF 45TH STREET NORTH
WHEREAS, a Petition has been presented to the Village Council requesting
that that portion of 45th Street North lying between Ideal Avenue North and
Lake Jane Road be changed to "Lake Jane Trail"; and
WHEREAS, said Petition was signed by eighteen of the twenty property
owners abutting said street; and
WHEREAS, the name "Lake Jane Trail' will, in the Councils determination,
be compatible with the Street Naming System adopted by this Council;
NOW, THEREFORE, RE IT RESOLVED that that portion of 45th Street North
in the Village of Lake Elmo lying between Ideal Avenue North on the West and
Lake Jane Road on the East be, and the same hereby is, renamed "Lake Jane
Trail".
Adopted by the Village Council of the Village of Lake Elmo this 6 th day
of March, 1973.
s/ Calvin Jo Brookman
Calvin Jo Broakmaa,Mayor
Attest.
s / Donald Mehs ikomer
Donald Mehsikomer, Cleric
R-73 -7
RESOLUTION
V I LJAGE OF LAItE F LMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION APPROVING AGREEMENT WITH DEPARTMENT OF HIGIIWAYS
WHEREAS, it appears to be in the best interest of the Village of Lake
Elmo and the State of Minnesota, Department of Highways, to enter into a
contract to cooperate in the construction and improvement of certain streets
and highways as described in the Minnesota Highway Department Cooperative
Construction Agreement No. 57404, a copy of which is annexed hereto and made
a part hereof as Exhibit A for the reasons and in the manner set forth therein;
NOW, THEREFORE, BE IT RESOLVED that the Village of Lake Elmo enter into
said Agreement with the State of Minnesota, Department of Highways, for the
following purposes, to -wit: To provide for the Village of Lake Elmo to construct,
under contract, grading, gravel base and bituminous surfacing upon and along
Helmo Avenue, access street, between Minnehaha Lane and the westerly terminus
of Trunk Highway No. 12 - Trunk Highway Nod 94 interchange within the corporate
Village limits, in accordance with Village plans and specifications designated
as Lake Elmo, Minnesota, Trunk Highway 94 Service Road, Project No. 1973-1 and
payment by the State to the Village of the S tate's share of construction costs
designated by the State as State Project No. 8282-25 (T.H. 94-392) construction,
Minnesota Project 1094-3 ( ) 250 and State Project No. 8282 (T.H. 94-392),
right of way, Minnesota Project I 094-3 (24) 246.
BE IT FURTHER RESOLVED, that the Mayor and Clerk be, and they hereby are,
authorized to execute said Agreement.
Adopted by the Village Council this 20th day of March, 1973.
Calvin J. Brookman, Mayor
Attest:
Donald Mehs i o a r , Clerk
ROAD DESIGN MINNESOTA HIGHWAY DEPARTMENT AGREEMENT NO.
COOPERATIVE CONSTRUCTION
AGREEMENT 57404
S.P. 8282-25 (T.H. 94=392) Const.
Right of Way Miscellaneous Minn. Proj. 1094-3 ( ) 250
Encumbrance Requisition No. S.P. 8282 (T.H. 94-392) R/W
5640 - $7,445.00 Minn. Proj. 1 094-3 (24) 246 R/W
INDEX ITEM ALLOT. F.Y. FUND AMOUNT ENCUMB.
Agreement between
The State of Minnesota
Department of Highways, and
The Village of Lake Elmo
Re: Access Street construction
from Minnehaha Lane to the
T.H. 12-T.H. 94 interchange
$51,115.10
AMIT. RECEIVABLE
(None)
THIS AGREEMENT made and entered into by and between the State of Minnesota,
Department of Highways, hereinafter referred to as the "State", and the Village
of Lake Elmo, Minnesota, acting by and through its Village Council, hereinafter
referred to as the "Village".
WITNESSETH:
WHEREAS the State is about to award a contract for the construction of grading,
drainage, concrete paving, bituminous surfacing, a rest area and a weighing
57404
station upon and along Interstate Trunk Highway No. 94 from a point approximately
0.46 of a mile west of Interstate Trunk Highway No. 694 to the west end of Inter-
state Trunk Highway Bridges No. 5999 (Eastbound) and No. 9400 (Westbound) over
the St. Croix River at the east state line and interchanges with Trunk Highways
No. 12 and No. 95 and with County State Aid Highways No. 15 and No. 19, and
ramps and frontage roads connecting said Trunk Highway No. 94 with Trunk Highways
No. 12 and No. 95 and with local roads in accordance with plans, specifications
and special provisions therefor designated as State Projects No. 8282-06 (T.H. 94=
392), grading, and No. 8282-25 (T.H. 94=392), concrete paving and bituminous sur-
facing, and in the records of the Federal Highway Administration as Minnesota
Project 1094-3 ( ) 250; and
WHEREAS at Engineer Station 160+00, said Trunk Highway No. 94 will cross Morgan
Avenue, a local street in the Village of ;ake Elmo. Said Morgan Avenue is con-
nected to Trunk Highway No. 12 and presently serves as the access to said Trunk
Highway No. 12 for the property, Parcel No. 17, located on the northerly side of
of said Trunk Highway No. 94 to be constructed by the State; and
WHEREAS the construction of said Trunk Highway No. 94 will sever Morgan Avenue
and will cut off the existing access to said property; and
WHEREAS it was originally planned that the State would acquire additional right
of way on the northerly side of Trunk Highway No. 94 for the purpose of construc-
ting a button -hook type service road connection to the northerly side of the said
diamond interchange to provide access for the property that would be cut off by
trunk highway construction; and
-2-
57404
WHEREAS subsequent to the time the State was preparing the plans to include said
access service road connection, the Village decided that it would be desirable
that the.Village should plan and construct a village street to connect said
diamond interchange Trunk Highway No. 94 over Trunk Highway No. 12 with Minnehaha
Lane; and
WHEREAS the Village has prepared plans and proposed to let a contract to construct
Helmo Avenue, as an access street between Minnehaha Lane and the west edge of the
Trunk Highway No. 12 - Trunk Highway No. 94 diamond interchange as shown on the
attached sketch marked "Exhibit All; and
WHEREAS the owner of the property, State's right of way negotiation Parcel No. 16A,
has indicated his willingness to dedicate to the Village, without cost or expense
to the Village, the necessary right of way required by the Village to construct the
portion of the access road (Helmo Avenue) that lies within the owners property in
consideration of the Village constructing said access road without cost to the owner
of said property; and
WHEREAS the State has requested that the Village acquire the access control along
both sides of the proposed access road, (Helmo Avenue) from the westerly right of
way of Trunk Highway No. 94 to 300 feet northwesterly of said right of way line
and the Village has indicated its willingness to acquire said access control
without cost or expense to the State; and
WHEREAS the State prepared an estimate of cost for constructing the aforesaid
-3-
57404
proposed access service road connection, which access service road was deleted
from the State construction plans for said State Project No. 8282-06 (T.H. 94=
392), grading. Said construction work for the said deleted access service road
consisted of grading, aggregate base, aggregate shoulders, plant mixed base
and plant mixed bituminous surfacing to provide a 24-foot width surfaced roadway
approximately 1200 feet in length to Morgan Avenue which said access service road
connection was planned to provide access for the owner of State's right of way
acquisition Parcel 17 for Trunk Highway No. 94; and
WHEREAS in consideration of the Village constructing said Helmo Avenue, a Village
Street, from Minnehaha Lane to the aforesaid Trunk Highway No. 12 - Trunk Highway
No. 94 interchange which Village street will provide access to the aforesaid
property, isolated by Trunk Highway No. 94 construction, the State has indicated
its willingness to reimburse the Village ah amount equal to the estimated con-
struction and engineering costs for the State to construct the aforesaid access
service road connection to be deleted from the State's construction for Trunk
Highway No. 94 plus an amount equal to the State's savings in right of way
acquisition costs for the said State's trunk highway project as a consequence of
the deletion of the planned said access service road connection; and
WHEREAS Minnesota Statute 161.20 authorized the Commissioner of Highways to make
arrangements with and cooperate with any governmental authority for the purposes
of constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
MEN
57404
ARTICLE I - CONSTRUCTION BY THE VILLAGE
Q--t, -- A
The Village shall construct or cause to construct an access road (Helmo Avenue)
from Ifinnehaha Lane at a point approximately 1200 feet east of Trunk Highway No.
694, to the westerly terminus of the Trunk Highway No. 12 - Trunk Highway No. 94
interchange in accordance with Village plans and specifications, Village Project
No. 1973-1, and designated by the State as State Project No. 8282-25 (T.H. 94=392)
Access Road, and in the records of the Federal Highway Administration as Minnesota
Project No. 1 094-3 ( ) 250,
ca_4 ;__ R
The construction work contemplated herein shall be under the direction of the Vil-
lage. and shall be under the supervision of a registered professional engineer.
However, the construction of the aforesaid -work shall be open to inspection by the
District Engineer of the Minnesota Department of Highways or his duly authorized
representatives, and must be approved by said District Engineer as satisfactory
before any payment is made to the City by the State as hereinafter provided.
Section C.
Village
The VVVY shall complete the work to be performed hereunder during the year 1973,
This completion period may be extended by an exchange of letters between the
Village Clerk or Village Engineer and the District Engineer of the Department of
Highways for unavoidable delays encountered by the Village in the performance of
this agreement.
-5-
ARTICLE II - ACCESS CONTROL ACQUISITION
The Village shall acquire the access control along both sides of the Village street
(Helmo Avenue) from the westerly right of way limits of Trunk Highway No. 94 ex-
tending 300 feet northwesterly from said right of way limits and submit to the
or other instrument
State a copy of a final certificate/as evidence that the Village has acquired the
necessary access control. It is understood and agreed that the Village will
acquire the said access control without cost or expense to the State.
ARTICLE III - PAYMENT BY THE STATE
The State shall pay to the Village, upon the completion of the Village access street
construction, the lump sum of $51,115.10 as payment in full as the State's share
of costs incurredby the Village in constructing the Village access street (Helmo
Avenue) from Minnehaha Lane to the westerly terminus of,the Trunk Highway No. 12-
No. 8282-06 (T.H. 94=392). Said Village street construction project will provide
access for Parcel 17, which is one of the State's right of way negotiation parcels
for the acquisition of right of way for said Trunk Highway No. 94. Said sum of
$51,115.10 represents the total estimated construction cost for the Statts proposed
access service road connection which was to provide access to said Parcel 17 if
the State was to construct said access service road connection plus an amount equal
to 8 percent of the estimated construction cost for said proposed access service
road connection.
The estimate of cost for the said proposed access service road connection which
is to be deleted from the construction work to be performed by the State under,
State Project No. 8282-06 (T.H. 94=392) and is attached hereto and marked
"Exhibit B" and made apart hereof.
-6-
57404
ARTICLE TV - SAVINGS IN THE STATES RIGHT OF WAY ACQUISITION COSTS
The deletion of the State's planned access service road connection to provide
access to Parcel 17 will reduce the acreage of right of way acquisition that would
be required for said construction. The reduction in right of way acquisition is
colored in red as shown in the attached sketch, marked "Exhibit B".
Reduction in right of way costs
Parcel 16A
Right of Way 1.43 acres @ $4,000.00 = $5,720.00
Slope Easement No Value -0-
Total Saving - Parcel 16A $5,720.00
Parcel 17
Slope Easement 1.42 acres @ $1,250.00 = $1,775.00
Right of Way (increase) .02 acres @ $2,500.00 = 50.00
Net Saving - Parcel 17 $1,725.00
Total Saving - Right of Way Costs ' $7,445.00
The State shall pay.to the Village, upon the completion of the Village access
street construction, the lump sum amount of $7,445.00. Said payment to the Village
represents the savings in the State's right of way acquisition cost by the elimina-
tion of the State's proposed access service road connection to said Parcel 17 and
is a part of the State's total lump sum payment to the Village for the construction
of the said Village access street (lielmo Avenue) which street will provide access
for said Parcel 17. Said payment to the Village shall be made upon the receipt
of a request from the Village accompanied by two copies of the final certificate
providing for the access control along both sides of the said Village's access
street project (Helmo Avenue) from the northerly right of way limits at the said
Trunk Highway No. 12-Trunk Highway No. 94 interchange to 300 feet northwesterly
thereof. The aforesaid $7,445.00 lump sum payment to the Village shall be made
from funds that were encumbered for right of way acquisition purposes under
m7-
57404
Miscellaneous Requisition No. 5640, State Project No. 8282 (T.H. 94=392) and in
the records of the Federal Highway Administration as Minnesota Project 1094-3
(24) 246.
ARTICLE V - GENERAL PROVISIONS
Section A.
In consideration of payment to the Village of part of the costs of the Village's
Helmo Avenue access service street construction as provided herein, the Village
agrees to properly maintain the completed access service road and all facilities
therein without cost or expense to the State.
Section B.
it is mutually understood and agreed by the parties tG tZi_v o^rw� ^e='r that the
aforesaid payment by the State to the Village is contingent upon the consumation
by the owners of said Parcel 17 and the State in the granting of a quit claim deed
from the owners of said Parcel 17 to the State for the elimination of the access
to said Parcel 17 from Trunk Highway No. 12 via Morgan Avenue.
Section Co
The Village indemnifies, saves and holds.harmless the State and all of its agents
and employees of and from any and all claims, demands, actions or causes of action
of whatsoever nature or character arising out of or by reason of the execution or
performance of the work provided for herein, and further agrees to defend at its own
sole cost and expense any action or proceeding commenced for the purpose of asserting
any claim of whatsoever character arising as a result of the work to be performed
hereunder.
-8-
57404
Section D.
It is further agreed that any and all employees of the Village and all other persons
employed by the Village in the performance of any work or services required or pro-
vided for herein shall not be considered employees of the State and that any and
all claims that may or might arise under the Workmen's Compensation Act of the State
of Minnesota on behalf of said employees while so engaged and any and all claims made
by any third parties as a consequence of any act or omission on the part of said
Village employees while so engaged on any of the work or services provided to be
rendered herein shall in no way be the obligation or responsibility of the State.
ARTICLE VI - APPROVAL
Before this agreement shall become binding and effective, it shall be approved by
resolution of the Village Council of the Village and shall also receive the approval
of such State officers as the law may provide in addition to the Commissioner of
Highways.
-9-
57404
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly
authorized officers and caused their respective seals to be hereunto affixed.
(Village
Seal) VIL,IAGE.,QF LAKE ELMO
i
f �
Y
Mayor
DEPARTMENT OF HIGHWAYS
Recommended for approval:
By
Road Design Engineer
G
By
District Engineer
By
Assistant Commissioner -
Design and Right of way
Approved as to form and execution:
By
Special Assistant Attorney General
Date
By 'y511- 7r
ill ge Clerk
Date
STATE OF MINNESOTA
By
Deputy Commissioner of Highways
Date
(Date of Agreement)
Approved:
Department of Administration
By
(Authorized Signature)
Date
-10-
f
AGREEMENT NO. 57404
"Schedule V-
S.P. 8282-25 (T.H. 94--392)
Minn. Proj. 1094-3 ( ) 250
In Lake Elmo
Estimate of Cost
Planned access service road connection from the westerly terminus of the
Trunk Highway No. 12 - Trunk Highway No. 94 diamond interchange, extending
northeasterly along the northerly right of way limits of Trunk Highway No.
94 for a distance of approximately 1200 feet to provide access for property
on the northerly side of the trunk highway that will be cut off when the present
access via Morgan Ave. to Trunk Highway No. 12
The property that will ve isolated by trunk highway construction is located
in the N� SEk Sec. 32 T. 129 N-R 21W
Proposed Construction
Grading, aggregate base, aggregate shoulders, plant mixed biuuminous base and
plant mixed bituminous surfacing
24 foot width surfaced roadway with 3 foot width aggregate shoulders
57404
SPEC APPROXIMATE QUANTITY COST ESTIMATE
ITEM UNIT 100% 100%
NO. WORK ITEM UNITPRICE STATE r. STATE
2105.501
Common Excavation
Cu.Yd.
.80
43453
34,762.40
2211.503
Aggregate Base Placed, Class 5
Cu.Yd.
6.00
382
2,292.00
2211.503
Aggregate Base Placed, Class 3
Cu.Yd.
5.00
516-
2,580.00
2221.503
Aggregate Shouldering Placed, Class 3
Cu.Yd.
7.50
166
1,245.00
2221.503
Aggregate Shouldering Placed, Class 1
Cu ad.
8.00
72
576.00
2331.504
Bituminous Material for Mixture
Ton
40.00
34
1,360.00
2331.508
Wearing Course Mixture
Ton
6.50
305
1,982.50
2331.514
Base Course Mixture
Ton
6.50
317
2,060.50
2357.502
Bituminous Material for Tack Coat
Cal.
.30
203
60.90
2358.501
Bituminous Material for Prime Coat
Gal.
.30
1365
409.50
Total Estimated Cost
$47,328.80-
8% Engineering
3,786.30.
Total $51,115.10.
-2-
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R-73-8
VILLAGE OF IAKE EU4D
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DIRECTING ACQUISITION OF LAND FOR STREET
PURPOSES AND AUTHORIZING CONDEMNATION PROCEEDINGS.
WHEREAS, it has been determined by the Village Council of the Village
of Lake Elmo that it is necessary, advisable and in the public interest
for the Village of Lake Elmo to construct certain street improvements in
the Village of Lake Elmo heretofore designated the "Improvement Project
1973-1" (Helmo Avenue); and
WHEREAS, in order to accomplish this purpose it is necessary to acquire
the land described in Exhibit A attached hereto, which land is owned by the
persons indicated in said exhibit; and
WHEREAS, the Village Council is advised and believes that the most feasible
location for said street is on the land described in Exhibit A; and
WHEREAS, it is necessary that the Village acquire said land forthwith in
order to coordinate its construction activities with the construction activities
of the Minnesota State Highway Department pursuant to the Cooperative Construction
Agreement entered into between the Village and said Highway Department; and, since
it appears that such acquisition will be accomplished by the Village only through
the exercise of its right of eminent domeCn:
NOW THEREFOREBE: IT RESOLVED, that the Village Council proceed to procure
title to said land under its right of eminent domain and that the Village Attorney
be, and he hereby is, directed to file the necessary petition therefor and to
prosecute such action to a successful conclusion or until it is abandoned,
dismissed, or terminated by the Village or by the Court; that the Village Attorney,
the Mayor, and the Clerk do all things necessary to be done in the commencement,
prosecution and successful termination of such action.
Adopted by the Village Council this 20th day of March, 1973.
v
Calvin J. Bri6okman, Mayor
Attest:
Donald Mehsik6mer, Clerk
R-73-9
RESOLUTION
V I LIAGE OF IAKE E LMO
WASHINGTON COUNTY, MINNE.SOTA
A RESOLUTION NAMING NEW STREET (IMPROVEMENT PROJECT 1973-1)
WHEREAS, the Village Council of the Village of Lake Elmo has determined
to proceed with public Improvement Project No. 1973-1 which will involve the
construction of a new street between Highway 94 and 10th Street North, which
new street shall be located approximately 480 feet East of the centerline of
Section 32, Township 29 North, Range 21 West, Washington County, Minnesota; and
WHEREAS, the Council has determined that the name "Helmo Avenue North" is
a suitable name for said street and conforms with the Street Naming System
adopted by the Village Council:
NOW, THEREFORE, BE IT RESOLVED, that said new street shall, and the same
hereby is, designated "Helmo Avenue North".
Adopted by the Village Council this 20th day of March, 1973.
Calvin J. Brookman, Mayor
Attes t:
�f
Donald Mehsiko r, Clerk
R-73 -10
V ILIAGE Or TAKE E LMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION EXPRESSING SUPPORT OF PARK AND OPEN SPACE BILLS
WHEREAS, the Village Council of the Village of Lake Elmo has considered
the provisions of House Bill No. 1525 and Senate File No. 1759 now being
considered by the Minnesota State Legislature; and
WHEREAS, it appears in the best interest of the Village of Lake Elmo and
the residents of the metropolitan area generally, that the above Bills be
enacted into law in substantially their present form so that park and open
space lands such as that land within the Village of Lake Elmo long favored for
acquisition as a park of metropolitan significance by this Council may be
acquired before the land develops or increases further in price:
NOW THEREFORE BE IT RESOLVED3, by this Council that the Board of Commissioners
of Washington County be, and the same hereby are, urged to support said legislation
and to make their support known to the legislators who represent this County in
the State Legislature.
BE IT FURTHER RESOLVED, that said County Commissioners and those legislators
representing Washington County and the Village of Lake Elmo be notified of the
passage of this Resolution forthwith.
Adopted by the Village Council this 17th day of April,--1973.
G
Calvin J. Broiikman, Mayor
Attest:
Donald Mehsiko r, Clerk
R--73-11
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING PUBLIC IMPROVEMENT 1973-2
(1--94 UTILITY CROSSINGS) AND PREPARATION OF PLANS THEREFOR.
WREREAS, the Village Council has reviewed the report of
the Village Engineer dated March 28, 1973, relating to proposed
utility crossings to be placed under the proposed Interstate
Highway No. 94; and
SHE REAS, it appears necessary, advisable, and in the public
interest to coordinate and complete said crossings during the
construction of said highway:
NOW THEREFORE, BE IT RESOLVED by the Village Council of the
Village of Lake Elmo:
1. That such improvement is hereby ordered as proposed in
said Engineer's report and the same shall be made pursuant to the
provisions of Chapter 444 of the Minnesota Statutes.
2. The Village Engineer is hereby ordered and directed to
prepare plans and specifications for the making of said improvement.
Adopted by the Village Council this 17th day of April, 1973.
i
Calvin J. Brookman, Mayor
Attest:
Donald NIe sl omer, Clerk
R-73-12
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION FINDING BATTIE CREEK DRAINAGE STUDY ONACCEPTABIE .
WHEREAS, the Village , Counci 1 of the Village of Lane Elmo has considered
the Report of its Engineer on the proposed Battle Creek Drainage Area, a copy
of which Report is annexed hereto as "Exhibit A"; and
WHEREAS, it appears for the reasons set forth in that Report that the
Engineering Study of the Battle Creek Drainage Area submitted to the Village
is inadequate in a number of respects:
NOW, THEREFORE, BE IT RESOLVED, that the Village Council hereby adopts
the recommendation of its Engineer to the effect that said Engineering Study
of the Battle Creek Drainage Area is found to be unacceptable to the Village
of Lake Elmo for the reasons set forth in"Exhibit A".
Adopted by the Village Council this 1st day of May, 1973.
Calvin J. Br okman, Mayor
Donald Mehsikomer, Village Clerk
"EXHIBIT A"
asaedAAa/a, 2odester AtcQe as a 1`� a, Inc.
candkang gKguse",t
ONd �T✓�d[tlCeCj
.2335 Am / l 36
Coto G. W.
Rosen, P.E.
Robert W. Roeene, P.E.
9Z Paud, A*wedda 551>3
Joseph C. Anderlik, P.E.
636-4600
Bradford A. Lemberg, P.E.
pAW0.
Robert D. Frivaard, P.E.
Richard E. Turner, P.EI.
James('. Olson, P.E.
Lawrence F. Foldsion, P.E.
Glenn R. Cook, P.E.
May 1, 1973
Keith A. Gordon, P.E.
Charles A. Erickson
Richard W. Poster
Thomas E. Noyes
Village of Lake Elmo
Reber[ G. Schanicht
Lake Elmo, Minnesota 55042
Re: Battle Creek Drainage
our File No. 7038 & 7131B
Gentlemen:
We have reviewed the Engineering Study of the Battle Creek Drainage Area
as submitted by Eugene A. Hickok and Associates, It is felt that the
Village should respond to this report on the following items.
1. The proposed ponding basin within the Village of Lake Elmo is not
correctly located, however, this can be considered a detail to be resolved
during final design.
2. We are not at all in agreement with the acreage figures shown in
thort and would question their accuracy. The text describes the Lake
Elmo District as being 550 acres and shows part of this district to be west
and south of the Freeways. On Table 16 the area of Lake Elmo is shown to
be 570 acres.
3. The Highway Department rights -of -way is a contributor to runoff in
the area and the Department should be contacted for participation. The
area and cost breakdowns should show the Highway Department's share.
4. Cost estimates have been prepared based on construction cost only
and do not include legal, engineering, fiscal and administrative costs.
More important, no costs are associated with land acquisition for inundation
areas, yet is is proposed that all construction costs be shared on some basis.
5. Probably the one problem of most significance will be that of cost
allocation. Apparently, the author of the report feels that the equivalent
area method is equitable but this again does not take into account expenses
associated with ponding which results in lower construction costs of the
needed downstream improvements. probably the most obvious factor was not
mentioned and that is of peak flow. The design of facilities is based on
peak flow and the need for the improvements are primarily to protect the
creek from peak flows or storms. Therefore, it is felt that peak flows
should be a major part of a method or formula to determine cost allocation.
The Highway Department should also be urged to share in the costs.
- 1 -
Village of Lake Elmo
Lake Elmo, Minnesota 55042
Re: Battle Creek Drainage
Our File Nos. 7038 & 7131B
May 1, 1973
6. Some of the questions noted in Section XIII do not appear to be
debatable items, but rather are questions which should be answered by the
appropriate authority and established as a statement of fact rather than
an unasked, answerable question.
Because of the comments noted above, it is felt that the report as
submitted is totally unacceptable to the Village of Lake Elmo. We will
be happy to meet with you and discuss this matter further if desired.
Very truly yours,
BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
Joseph C. Anderlik
JCA:kf
- 2 -
R-73-14
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION TEMPORARILY RESTRICTING BUILDING ON CERTAIN LAKESHORE LOTS.
WHEREAS, the water level on Lakes DeMontreville, 0lson and .lane, has
risen substantially during the past three months to the point where it now
appears to be flooding individual sewage systems around those lakes; and
WHEREAS, the Village Council has received requests from a number of
residents on Lake Jane to take some action on an emergency basis to lower
the level of Lake Jane to prevent damage to their real estate and to reduce
the risk of pollution of the Lake; and
WHEREAS, the Village Council has also been asked to work with the Valley
Branch Watershed District in order to find a long term solution to the same
problems; and
WHEREAS, the Village has determined that there is an immediate danger
of aggravating the flooding and causing pollutionto the lake itself and
possibly the wells of existing lakeshore residents if further filling along
the lakeshore is permitted in connection with new construction; moreover,
the Council has determined that because of the unexplained rise in the lake
levels there may be risks of pollution by any new individual sewage systems
which may be built even without fill; and
WHEREAS, the Village Council has directed that the Village Engineer make
a survey of said lakes in their present condition and advise the Council as
to the dangers of lake and ground water pollution and the risk of flooding
which may be incurred by further filling and building along said lakes so that
such dangers may be avoided by determining the areas in which it's unsafe to fill
or build; and
WHEREAS, the Village Engineer has been instructed to return a report within
sixty days from the date hereofo
NOW, THEREFORE, BE IT RESOLVED, that all building on lakeshore lots on
Lakes DeMontreville, Olson and Jane, shall hereby be temporarily prohibited for
a period of sixty (60) days from the date hereof in order to allow time for said
Engineer to return, his report and for the Village to adopt, by ordinance, such
regulations as may be necessary to avoid flooding, pollution and the attendant
damage to the health and welfare of the residents of the Village.
Adopted by the Village Council this 15th day of May, 1973-
lZ(iu� n-
Calvin J. Bookman, Mayor
Attest.
Donald Mehs iko r, Village Clerk
R-73-15
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING FOR
PUBLIC HEARING ON IMPROVEMENT PROJECT 1973-3.
WHEREAS, the Village Council of the Village of Lake Elmo deems it necessary
and expedient that the Village lower the level of Lake Jane to prevent pollution
of the lake, destruction of the shoreline, destruction of trees along the shoreline,
and pollution of individual wells; and
WHEREAS, the Council has been advised by the Village Engineer that said
improvement is feasible and the said Engineer's report to this effect has heretofore
been prepared and presented to the Village Council and will be filed with the
Village Clerk forthwith; and
WHEREAS, the Minnesota Statutes provide that no such improvement shall be
made until the Council shall have held a public hearing thereon following mailed
notice and two publications thereof in the official newspaper stating the time
and place of hearing, the general nature of the improvement, the estimated cost
thereof, and the area proposed to be assessed, in accordance with law; and
WHEREAS, notice as required by law hae been prepared and made by appropriate
Village officials;
NOW THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Lake
Elmo as follows:
1. That said Preliminary Report is hereby received and said Engineer is
directed to certify the same and file it with the Village Clerk forthwith.
2. A public bearing will be held at the time and place set forth in the
Notice of Hearing hereto attached to consider said proposed improvements.
3. The nature of the improvements, the estimated cost of each major portion
thereof and the area proposed to be assessed therefor, are described in the form
of the Notice of Hearing hereto attached.
4. The notice of said public hearing shall be in substantially the form
contained in the Notice attached hereto.
5. The Village Clerk is hereby authorized and directed to cause notice of
said hearing to be given two publications in the official newspaper. Said
publications shall be one week apart, and at least three days shall elapse between
the last publication and the hearing. Not less than ten days before the hearing
the Clerk shall mail notice of the hearing to the owner of each parcel of land
within the area proposed to be assessed as described in the notice. For the
purpose of giving such mailed notice, owners shall be those shown to be such on
the records of the County Auditor or, if the tax statements in the County are
mailed by the County Treasurer, on the records of the County Treasurer. As to
properties not listed on the records of the County Auditor or the County Treasurer,
the Clerk shall ascertain such ownership by any practicable means and give mailed
notice to such owners.
Adopted by the Village Council this 5th day of June, 1973.
Attest:
Donald a si Omer, Village Clerk
.r-�*._��r�:��.i•�.,,� -..spur-vr.�
NOTICE OF PUBLIC
HEARING ON IMPROVEMENTS
TO WHOM IT MAY CONCERN:
TIME AND PLACE: Notice is hereby given that the Village Council
of the Village of Lake Elmo, Minnesota, will
meet at the Village Hall in Lake Elmo, Minnesota,
at 7.00 o'clock P.M. onTueaday, .Tune 12, 1973,
to consider making the following improvement,
to -wit:
NATURE OF IMPROVEMENT: Lower the water level of Fake Jane.
ESTIMATED COST: The total estimated cost of said improvement
is $12,000.00.
AREA PROPOSED TO BE The area proposed to be assessed for such
ASSESSED: improvement is every lot, piece or parcel of
land abutting the shoreline of said Lake Jane
based on benefits received and without regard
to cash valuation.
AUTHORITY: The Council proposes to proceed under the authority
granted by Chapter 429 of the Minnesota Statutes.
SUCH PERSONS AS DESIRE TO BE HEARD WITH REFERENCE
TO THE PROPOSED IMPROVEMENT WILL BE HEARD AT THIS
MEETING. WRITTEN OR ORAL OBJECTIONS WILL BE
CONSIDERED.
DATED: May 23, 1973.
BY ORDER OF THE VILLAGE COUNCIL:
Donald Mehs ikomer, Village Clerk
R-73 -16
RESOLUTION
V ILIAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING RELEASE OF LOT FIVE TO STATE OF MINNESOTA
ON PETITION OF C. W. GRAVES IN EXCHANGE FOR DRAINAGE E.ASE'NENT
WHEREAS, the Village of Lake Elmo now has conditional title to Lot F�y (5)
of the First Re -Arrangement of Lot Three (3), Block Three (3), Lake Elmo/, al
adjacent lots under the provisions of Section 282.01 MSA whereby the Village
procured conveyance of the same from the State of Minnesota on the condition that
the Village use said lot and adjacent tracts for park purposes; said Lot Five (5)
and adjacent tracts having been forfeited for non-payment of taxes by the prior
owner, Howard Huebner, and,
WHEREAS, Lot Six of the First Re -Arrangement of Lot Three (3), Block
Three (3), Lake Elmc/, a hough having delinquent taxes, is still owned by said
Howard Huebner and has not been tax forfeited to the State of Minnesota, and
WHEREAS, the Village Council has determined that it is important and in the
public interests of the Village of Lake Elmo to acquire a drainage easement more
specifically described as follows:
The West 40 feet of Lot Six (6)of the First Re -Arrangement
of Lot Three (3) , Block Three (3) , Lake Elmo,Park,
now owned by Howard L. Huebner; and
WHEREAS, the Village Council has determined that said Lot Five (5) is not
particularly desirable for use for park purposes and does not enhance the value
of the adjacent lands held by the Village for park purposes; and
WHEREAS, Charles W. Graves has a contract with said Howard L. Huebner to
purchase said Lots Five (5) and Six (6) from Howard L. Huebner; and
WHEREAS, Howard L. Huebner as owner of Lot Five (5) before forfeiture has
the right to re -purchase the same from the State under the provisions of Section
282.24, MSA, except for and subject to the present right of the Village of Lake
Elmo to use the said Lot Five (5) for park purposes; and
WHEREAS, said Charles W. Graves has petitioned the Village asking the
Village to re -convey said Lot Five (5) to the State of Minnesota indicating to
the State that said lot is no longer used for park purposes, thereby enabling
said Howard L. Huebner to re -purchase the same under the provisions of Section
282.241 MSA, and in turn convey Lot Five (5) together with Lot Six (6) to Charles
W. Graves; and
WHEREAS, Charles W. Graves in consideration therefor has agreed to convey
to the Village the said drainage easement required by the Village in and over
said Lot Six (6).
NOW, THEREFORE, BE IT RESOLVED, that upon execution of an appropriate
agreement by Charles W. Graves whereby he will agree to purchase said Lots
Five (5) and Six (6) from said Huebner and convey to the Village, free of liens
and encumbrances, an easement as described above over said Lot Six (6), and
upon payment by Charles W. Graves of any costs the Village has incurred in the
acquisition of the present conditional title to said Lot Five (5) and any costs
of these proceedings, the Village will release by appropriate instrument its
claim to the use of Lot Five (5) for parks so that the same may revert to the
State of Minnesota and be re -purchased by the owner before forfeiture by said
Howard L. Huebner.
IT IS FURTHER RESOLVED, that the Mayor and Clerk are authorized to execute
said agreement and other instruments and conveyances necessary to carry out the
transaction herein provided for; and
HE IT FURTHER RESOLVED, that said hots Five (5) and Six (6) together, subject
to said drainage easement shall be determined a buildable lot provided any
improvements and structures to be erected thereon shall be erected in a manner
approved by the Village Engineer, who is hereby directed to locate any such
structure or improvements in such a manner as to insure that any use or encroach-
ment on said Village duainage easement will not interfere or interrupt the Village's
use of said easement for the purposes intended.
Adopted by the Village Council this 5th day of June, 1973.
Calvin J. Isiookman, Mayor
Attest:
41)-n
Wald Mehsi o r, Clerk
L 2F frty N k•-5.?�.:
o Form 2523 (10-71)
R E S 0 L U T 1 0 N
At a (regular) (special) meeting of the Villas® Council of
the Village of lake Elmo duly held on the day of
19 73 , the following Resolution was offered by ,
C ',bercrom,')I e ---_; seconded by
to -wit:_
WHEREAS the Commissioner of Highways has prepared plans, special
provisions and specifications for the improvement of a part of Trunk
Highway Number 3_�____ renumbered as Trunk Highway Number •2& & C_R. t9g
within the corporate limits of the Vi lass of s.mka Flmn _
from the W. COM. Limits to
+j egorn. Limita and
WHEREAS sai4 plans are on file in the office of the Department of
Highways, Saint Paul, Minnesota, being marked, labeled, and identified as
S.P. 8Z82-06. at, 27 94-392). (C P 73-19B-32 (C R 1901 ; and
WHEREAS . special provisions are on file irr-ine-office-of-the
Department of Highways, Saint Paul, Minnesota, being marked, labeled and
identified as B.P, 52a2 06, 2G 27 (9!E392) R IOUN
which, together with the Minnesota Department of Highways Specifications
for Highway Construction, dated January 1, 1972, on file in the office of
the Commissioner of highways, constitute the specifications for said im-
provement of Trunk Highway Number 92 renumbered as
Trunk Highway Number 9ta & C,Rn 19B ; and
WHEREAS copies of said plans and special provisions as so
marked, labeled and identified are also on file in the office of the
Village and
WHEREAS the term "said plans and special provisions" as herein-
after used in the body of this resolution shall be deemed and intended to
mean, refer to, and incorporate the plans and special provisions in the
foregoing recitals particularly identified and described.
R-73 -18
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE CONSTRUCTION OF INTERSTATE TRUNK HIGHWAY 94
WHEREAS, the Village Council of the Village of Lake Elmo has on a number
of prior occasions considered plans for Interstate Trunk Highway 94 through
the Village of Lake Elmo and approved said plans as modified from time to time;
and
WHEREAS, the State of Minneeota through its Highway Department intends to
start construction of said highway before the end of .June, 1973:
NOW, THEREFORE, BE IT RESOLVED, that the Village Council, hereby, ratifies
and reaffirms its continuing approval of the existing plans for the construction
of said Interstate Trunk Highway 94 through the Village of Lake Elmo.
Adopted by the Village Council this 5th day of June, 1973.
a
Calvin J. Broo n, Mayer - - -
Attest:
Donald Mehsikonfer, Clerk
R-73-19
RESOLUTION
VILLAGE OF LAKE ELIIVIO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISMIENT FOR BIDS FOR IMPROVEMENT PROJECT 1973-1
(HELMO AVENUE) .
WHEREAS, pursuant to a resolution passed by the Village
Council on March 6, 1973, the Village Engineer has prepared plans
and specifications for Improvement Project 1973-1 (Helmo Avenue)
and has presented such plans and specifications to the Council for
approval;
NOW THEREFORE, BE IT RESOLVED by the Village Council of the
Village of Lake Elmo, Minnesota:
1. Such plans and specifications, a copy of which is on
file in the office of the Village Clerk, be, and the same hereby
is, approved.
2. The Village Clerk shall prepare and cause to be inserted
in the official paper and in such other publications as may be
required by law, an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The
advertisement shall be published as required by law and shall state
that sealed bids will be received by the Village in the Village Hall
until 10:00 A.M. C.D.S.T. on Friday, June 29, 1973, at which time
they will be publicly Opened and read aloud for the furnishing of
all the labor and materials and all else necessary for said project.
Adopted by the Village Council this 5th day of June, 1973.
Calvin J. B ookman, Mayor
Attest:
Donald Me si omer, Clerk
R-73-20
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING PLANS FOR IMPROVEMENT PROJECT 1973-2
(I--94 UTILITY CROSSINGS) AND ORDERING ADVERTISEMENT FOR BIDS.
WHEREAS, pursuant tothe direction of the Village Council
of the Village of Lake Elmo, the Village Engineer has prepared
plans and specifications for the construction of utility crossings
under the proposed Interstate Highway No. 94 and has presented the
plans and specifications to the Village Council for its approval;
and
WHEREAS, it appears that the State of Minnesota will start
construction of said Interstate Highway No. 94 through the Village
of Lake Elmo during the year 1973; and
WHEREAS, the aforesaid plans for said utility crossings call
for the construction thereof in conjunction with the construction
of said Interstate Highway No. 94:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the
Village of Lake Elmo, Minnesota:
1. That such plans and specifications, a copy of which are
now on file with the Village Clerk, are hereby approved.
2. Construction of said utility crossings is hereby ordered
under the authority given this Council under Chapter 444 of the
Minnesota Statutes; said project shall be designated Improvement
Project 1973--2 (I--94 Utility Crossings). The Village Clerk shall
prepare and cause to be inserted in the official newspaper and
such other publications as may be required by law, an advertisement
for bids, upon the making of such improvement under such approved
plans and specifications; said advertisement for bids shall be
in the form approved by the Village Engineer and shall be published
as required by law.
3. That said advertisement shall state substantially that
"sealed bids will be received by the Village of Lake Elmo,
Minnesota, in the Village Hall until 2:00 P.M. C.D.S.T., on Friday,
June 22, 1973, at which time they will be publicly opened and read
aloud for the furnishing of all the labor and materials, and all
else necessary for said improvement".
Adopted by the Village Council this 5th day of June, 1973.
/4i", Vzt4, . 1p��
Calvin J. Br okman, Mayor
Attest:
Donald Mehs komer, Clerk
R-73-21
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING
FOR PUBLIC HEARING ON IMPROVEMENT PROJECT 1973-5
(JAMACA COURT DRAINAGE PROJECT).
WHEREAS, the Village Engineer, at the direction of the
Village Council, has prepared a report with reference to the
installation of culverts at various locations on or near the
right-of-way of Jamaca Court North sufficient to drain excess
surface waters from the adjacent lands; and
WHEREAS, this report was received by the Village Council
on June 5, 1973;
NOW, THEREFORE, BE IT RESOLVED, by the Village Council
of the Village of Lake Elmo, Minnesota:
1. That the Council will consider saidimprovement in
accordance with the report and the assessment of the benefiting
property for all or a portion of the cost of the improvement
pursuant to Chapter 429 of the Minnesota Statutes; at an
estimated total cost of the improvement being $3,000.00.
2. A public hearing shall be held on the proposed
improvement on the loth day of July, 1973, at the Village Hall
at 7:00 o'clock P.M. and the Clerk shall give mailed and published
notice of such hearing and improvement as required by law.
Adopted by the Village Council this 5th day of June, 1973.
G�
Calvin J. Broo man, Mayor
Attest.
ttest:
Donald Mehsi�,omer, Clerk
R-73-22
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING HEARING ON THE CONSTRUCTION OF COUNTY ROAD 19B
WHEREAS, a report has been prepared by the Washington
County Engineer with reference to the construction of a Major
Collector Street between State Highway No. 12 and Tenth Avenue
North (formerly Minnehaha Avenue) in the Village of Lake Elmo,
which Major Collector Street is referred to in said plans as
County Road 19B, and this report was received by the Village
Council on June 12, 1973;
NOW, THEREFORE, BE IT RESOLVED by the Village Council of
the Village of Lake Elmo, Minnesota:
1. That the Council will consider saidimprovement as more
particularly described in the Notice of Public Hearing on
improvement annexed hereto and made a part hereof as "Exhibit A",
in accordance with said report, and will further consider the
assessment of abutting property for all or a portion of the cost
of the improvement pursuant to the provisions of Chapter 429 of the
Minnesota Statutes. The total estimated cost of said improvement
is $650,000.00.
2. A public hearing shall be held on said proposed improve-
ment on the 27th day of June, 1973, at 7:00 P.M. at the Village
Hall of the Village of Lake Elmo and the Village Clerk shall
give mailed and published notice of such hearing, in substantially
the form annexed hereto as "Exhibit A" as required by law.
Adopted by the Village Council this 12th day of June, 1973.
Calvin J. B#ookman, Mayor
Attest:
Donald Mehsikomer, Clerk
R--73-23
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING TESTING OF SEPTIC SYSTEMS AND ELIMINATION
OF POLLUTION.
WHEREAS, it appears to the Village Council of the Village
of Lake Elmo, that Lakes DeMontreville, Olson, and Jane (herein-
after referred to as the "Tri-Lakes") may be subject to pollution
as a result of defective individual sewage disposal systems or
waste water disposal systems; and
WHEREAS, the pollution of said Tri-Lakes would be a potential
health hazard to the residents of the Village and, in addition,
the pollution of said lakes would destroy an invaluable natural
resource:
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Village Engineer is hereby directed to proceed
forthwith with the inspection of each individual sewage disposal
or waste water disposal system located on lots having frontage
on any one of said lakes or on ponds or streams directly tributary
thereto, for the purpose of determining whether or not any such
system is, by reason of its inadequacy or lack of capacity,
contributing directly or indirectly to the pollution of any of
said lakes.
2. The Village Engineer shall make a written report of
his findings to the Village Council; said report shall contain
his recommendations as to the necessity and method of correcting
the defects and eliminating any source of pollution.
3. The Clerk shall forward a copy of said report and
recommendations to the Village Attorney who shall then proceed
to prepare notices to the individual property owners of the
corrective action necessary and the time within which they will
be allowed to take such action; said notice shall inform the
property owner that if corrective action is not taken and the
corrected system approved in writing by the Village Engineer within
the time allowed, legal action will be taken to permit the Village
to correct the defects and assess the cost against the property
involved.
Adopted by the Village Council this 19th day of June, 1973.
G
alvin Broo an, ayor
Attest:
Donald Mehsikomer, Clerk
R-73-24
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RECEIVING PRELIMINARY REPORT & CALLING FOR A PUBLIC
NEARING ON IMPROVEMENT PROJECT 1973-6 (BLACKTOPPING OF 33RD
STREET LANE NORTH).
WHEREAS, a report has been prepared by the Village Engineer
with reference to the blacktopping of 33rd Street Lane North
and this report was received by the Village Council on June 19,
1973;
NOW, THEREFORE, BE IT RESOLVED by the Village Council of
the Village of Lake Elmo, Minnesota:
1. The Council will consider the blacktopping of 33rd
Street Lane North, and the assessment of abutting property for
all or a portion of the cost of the improvement pursuant to the
provisions of Chapter 429 of the Minnesota Statutes; the
estimated total cost of said improvement is $6,000.00.
2. A public hearing shall be held on the proposed improvement
on the 10th day of July, 1973, at 7:30 o'clock P.M. at the
Village Hall of the Village of Lake Elmo; the Clerk shall give
mailed and published notice of such hearing, in substantially the
form annexed hereto as "Exhibit A", as required by law.
Adopted by the Village Council this 19th day of June, 1973.
;f
Calvin 7.rookman, Mayor
Attest:
Donald M`eh,. .komer, Clerk
R-73-25
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DIRECTING THE ACQUISITION OF LAND FOR STREET
PURPOSES AND AUTHORIZING CONDEMNATION PROCEEDINGS.
WHEREAS, it has been determined by the Village Council
of the Village of Lake Elmo that it is necessary, advisable,
and in the public interest for the Village to acquire right-
of-way for the construction of certain street improvements
in the Village of Lake Elmo heretofore designated the "Minnehaha/
694 Ramp Expansion Project"; and
WHEREAS, in order to accomplish this purpose it is necessary
to acquire the lands described in "Exhibits A" and "B" attached
hereto, which lands are owned by the persons indicated in said
exhibits; and
WHEREAS, the Village Council is advised and believes that
the most feasible location for said improvement is on the lands
described in "Exhibits A" and "B"; and
WHEREAS, it is necessary for the Village to acquire said
lands forthwith in order to coordinate its construction activities
with the construction activities of the Minnesota State Highway
Department in the interest of economies in construction; and
since it appears that such acquisition will be accomplished by
the Village only through the exercise of its right of eminent
doraain :
NOW, THEREFORE, BE IT RESOLVED thatthe Village Council
proceed to procure title to said lands under its right of eminent
domain and that the Village Attorney be, and he hereby is,
directed to file the necessary Petition therefor and to prosecute
such action to a successful conclusion or until it is abandoned,
dismissed, or terminated by the Village or by the Court; and that
the Village Attorney, the Mayor, and Clerk do all things necessary
to be done in the commencement, prosecution, and successful
termination of said action.
Adopted by the Village Council this loth day of July, 1973.
Calvin J. Breokman, Mayor
Attest:
Donald Meh,ikomer, Clerk
July 16, 1973
Parcel C.A. 11
That part of. Tract A described below:
Tract A. That part of the Northwest Quarter of the Northeast Quarter
of Section 32, Township 29 North, Range 21 West, Washington
County, Minnesota, described as follows: Beginning at a point
on the west line of said Northwest Quarter of the Northeast
Quarter that is 853.31 feet north of the southwest corner
thereof; thence north on the west boundary line of said
Northwest Quarter of the Northeast Quarter 466.69 feet to
the northwest, corner thereof; thence east on the north
boundary line of said Northwest Quarter of the Northeast
Quarter 466.6, feet to a point; thence south on a line
parallel with the west line of said Northwest Quarter of the
Northeast Quarter 466.69 feet to a point; thence west on a
line parallel with the north line of said Northwest Quarter
of the Northeast Quarter 466.69 feet to a point in the west
line of said Northwest Quarter of the Northeast Quarter, being
the point of beginning of this description;
which lies northerly of a line run parallel with and distant 75 feet southerly of
the north line of said Section 32;
containing. 0.27 acre, more or less, in addition to the existing highway;
together with all rightof access, being the right of ingress to and egress from
that part of Tract A hereinbefore described not acquired herein, to the above
described stri exce + �� + i+• q
p p� �iaaw the a'Jii, -Ing owner shall retain the right Gf :lacceo$,
on the westerly 30 feet of said Tract A;
also a right to use the following described strip ,for highway purposes which right
shall cease on December 1, 1979:
A strip being the southerly 90 feet of the northerly 165 feet of the westerly 14C)
feet of Tract A hereinbefore described;
containing 0.29 acre, more or less.
t
July 16, 1973
Parcel C.A. 12
That part of Tract A described below:
Tract A. The Northwest Quarter of the Northeast Quarter of Section
32, Township 29 North, Range 21 West, Washington County,
Minnesota, excepting therefrom that part described as
follows: Beginning at a point on the west line of said
Northwest Quarter of the Northeast Quarter that is 853.31
feet north of the southwest corner thereof; thence north
on the west boundary line of said Northwest Quarter of
the Northeast Quarter a distance of 466.69 feet to the
northwest corner thereof; thence east on the north boundary
line of said Northwest Quarter of the Northeast Quarter
4.66.69 feet to a point; thence south on a line parallel
with the west line of said Northwest Quarter of the Northeast
Quarter 466.69 feet to a point; thence west on a line parallel
with the north line of said Northwest Quarter of the Northeast
Quarter 466.69 feet to a point on the west line of said
Northwest Quarter of the Northeast Quarter being the point of
beginning of this description;
which lies northerly of a line run parallel with and distant 75 feet southerly.of
Line 1 described below:
Line 1. Beginning at the north quarter corner of said Section 32;
thence run easterly on the north line of said Section 32,
for 710 feet and there terminating;
containing 0.14 acre, more or less, in addition to the existing highway;
together with all right of access, being the right of ingress to and egress from
that part of Tract A hereinbefore described not acquired herein, to the above
described strip except that the abutting owner shall retain the right of access
on the easterly 4.0 feet of said strip.
R-73-26
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING IMPROVEMENT PROJECT 1973-5
(JAMACA COURT DRAINAGE PROJECT)
WHEREAS, the Resolution of the Village of Lake Elmo adopted
June 5, 1973, fixed a date for a Council hearing on the proposed
improvement involving installation of culverts at various
locations on or near the right-of-way of Jamaca Court North,
sufficient to drain excess surface waters from the adjacent lands;
and
WHEREAS, ten days' published notice of the hearing through
two weeks publication of the required notice was given; and it
is hereby ordered that the improvement be designated "Improvement
Project 1973-5 (Jamaca Court Drainage Project)" and the Village
Engineer and other appropriate Village officers proceed to
contract for the construction of said improvement in accordance
with the plans submitted by the Village Engineer at said hearing
and in the manner provided by law.
Adopted by the Village Council this loth day of July, 1973.
()e
W
1�p2t
Calvin J. B, ookman, Mayor
Attest:
D Wald Me sa.komer, Clerk
R-73-27
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING IMPROVEMENT PROJECT 1973-6
(BLACKTOPPING OF 33RD STREET LANE NORTH)
WHEREAS, a Resolution of the Village Council adopted June
19, 1973, fixed a date for Council hearing on the proposed
improvement of 33rd Street Lane North; and
WHEREAS, it appears that notice thereof has been published
and given as required by law, and the hearing thereon having
been held the loth day of July, 1973, at which all persons
desiring to be heard were given an opportunity to be heard thereon:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of
the Village of Lake Elmo, Minnesota:
1. Said proposed improvement be designated "Improvement
Project 1973-6 (Blacktopping of 33rd Street Lane North)" and
that the project be, and the same hereby is, ordered in accordance
with the plans prepared by the Village Engineer and on file herein
with the modification that the surfacing be limited to laying down
a six inch road base with sealer applied, thereby reducing the
estimated cost of the project to $3,000.00.
2. The Village Engineer, Clerk, and other appropriate
Village officers are hereby directed to proceed forthwith with
the construction of said improvement in the manner provided by
law.
Adopted by the Village Council this loth day of July, 1973.
G /�
le,E'�u -1 (nev-7- POPC
Calvin J./BroOcman, Mayor
Attest:
Donald Meh ikomer, Clerk
R-73-28
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ACCEPTING BID FOR CONSTRUCTION OF IMPROVEMENT
PROJECT 1973-2 (I-94 UTILITY CROSSINGS) .
WHEREAS, pursuant to an advertisement for bids for the
Improvement Project 1973-2 (I-94 Utility Crossings), bids were
received, opened, and tabulated, according to law, and the bids
set forth in the tabulation annexed hereto as "Exhibit A" were
received complying with the advertisement; and
WHEREAS, it appears that A. J. Chromy Company is the lowest
responsible bidder:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of
the Village of Lake Elmo, Minnesota:
1. That the Mayor and Clerk are hereby authorized and
directed to enter into an appropriate contract with said A. J.
Chromy Company for the construction of said improvement according
to the plans and specifications therefor, as approved by the
Village Council and on file in the office of the Village Clerk.
2. The Village Clerk is hereby authorized and directed
to return forthwith to all bidders the deposits made with their
bids; except the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
Adopted by the Village Council this loth day of July, 1973.
Calvin J. Btookman, Mayor
Attest:
onald Meh komer, Clerk
R-73-29
RESOLUTION
VILLAGE OF LAKE ELM1O
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ACCEPTING BID FOR PUBLIC IMPROVEMENT
1973-1 (HELMO AVENUE), SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, pursuant to an advertisement for bids for the
improvement designated Public Improvement 1973-1 (Helmo Avenue),
bids were received, opened and tabulated according to law, and
the bids set forth in the tabulation annexed hereto as Exhibit
A were received complying with the advertisement, and
WHEREAS, it appears that D.L.R. Construction Company is the
lowest responsible bidder and,
WHEREAS, the Village Council is prepared to accept said bid
if the necessary right-of-way is available to permit said contractor
to proceed with the construction iri`-accordance with his bid,
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the
Village of Lake Elmo:
1. The said bid of D.L.R. Construction Company is hereby
accepted on the condition that by no later than 4:00 P.I. on
Friday, July 27, 1973, the owners of the tracts of land known and
referred to as the "Gonyea parcel" and the "DeCoster parcel" have
filed with the Village Clerk written agreement donating the right-
of-way for said Improvement Project 1973-1 (Helmo Avenue) and
agreeing to pay over to the Village of Lake Elmo the award of
$58,500.00 being paid by the State of Minnesota to the owners of
the said "Gonyea parcel" as and for damages for severing the public
access to said "Gonyea parcel"; and provided further, that the
State of Minnesota by and through its Highway Department files its
letter of intent and approval with the Village Clerk no later than
4:00 P.M. on Friday, July 27, 1973, indicating that the State
intends to pay said $58,500.00 to the owners of the "Gonyea Parcel"
as damages fcr the severance of access to their land and with the
understanding that the same will be paid to the Village of Lake
Elmo to be used for construction of that part of said Helmo Avenue
necessary to provide new access to the "Gonyea parcel"; said
payment by the State is hereby approved by the Council.
2. The Mayor and Clerk are hereby authorized and directed to
enter into a contract with said D.L.R. Construction Company, after
4:00 P.M. on Friday, July 27, 1973, if the agreements and letter
required by this resolution, have been filed with the Vilage
Clerk J?Xior to that time; said contract to provide for the
construction of said Public Improvement 1973-1 (Helmo Avenue)
according to the plans and specifications thereof approved by
the Village Council and on file in the office of the Village Clerk.
3. The Village Clerk is hereby authorized and directed to
return forthwith to all bidders the deposits made with their bids,
except the deposit of the successful bidder and the next lowest
bidder shall be retained.until the contract has been signed.
5744J4-L
R-73-29A
Form 21232
VILLAGE OF LAKE ELMO
RESOLUTICN
BE IT RESOLVED that the (Village) (Ctto enter into an agreement with the State
of Minnesota, Department of Highways for the following purposes, to --wit: to
supplement Agreement No. 57404 dated March 26, 1973, between the Village of Lake
Elmo and the State of Minnesota Department of Highways rendering said agreement
null and void.
BE IT FURTHER RESOLVED that the (P#WA45PL4 (Mayor) and Clerk be and they hereby
are authorized to execute such agreement. (Supplement No. 1 to Cooperative
Construction Agreement No. 57404)
CERTIFICATION
State of Minnesota
County of Washington
( Village) zr
(Amn# of Lake Elmo
I hereby certify that the foregoing Resolution is a true and correct copy of
resolution presented to and adopted by the Council of the (Village) ( of
Lake Elmo at a duly authorized meeting thereof held on
the day of 19 ,7 3 t as shy h9
the minutes of said meeting in ip4sscion.
(Village) (a*irj Clerk
R-73-30
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REJECTING ALL BIDS FOR IMPROVEMENT PROJECT
1973-2(1-94 UTILITY CROSSINGS).
WHEREAS, the State of Minnesota through its Highway Department
has stopped the planned construction of Interstate Highway No. 94;
and
WHEREAS, there appears to be a possibility that those plans
could be changed with respect to location of the highway; and
WHEREAS, the Village Council ordered Public Improvement
Project 1973-2 (1-94 Utility Crossings) for the purpose of installing
utility crossings under the proposed Interstate Highway No. 94
during the course of its construction so as to reduce the ultimate
cost of installing such facilities in the Village; and
WHEREAS, appropriate Village officers had not entered into a
contract for the construction of said utility crossings at the time
the State stopped the planned construction of Interstate Highway
No. 94:
NOW, THEREFORE, BE 1T RESOLVED by the Village Council of the
Village of Lake Elmo:
1. That the prior resolution of the Village Council accepting
the bid of A. J. Chromy Construction Company for the construction
of said utility crossings be, and the same is hereby rescinded.
2. The Village Council hereby determines that it would be
impossible to construct said utility crossings at the present time
since the location of Interstate Highway No. 94, if in fact it is
to be constructed in the future, cannot be determined with certainty
at this time and as a result it is necessary, advisable, and in
the public interest to reject all bids received in connection with
said Public Improvement 1973-2 (I-94 Utility Crossings); the same
are, accordingly, hereby rejected.
3. The Village Clerk is hereby authorized and directed to
return forthwith to all bidders the deposit made with their bids.
4. All acts of the Village officers or employees relating to
said improvement are hereby ratified and affirmed.
Adopted by the Village Council this 24th day of July, 1973.
Calvin Brookman, Mayor
Attest:
Dona omer, ClerX
R-73-32
RESOLUTION
VILLAGE OF LADE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING ESTABLISHMENT OF COUNTY -WIDE INVESTIGATIVE UNIT
WHEREAS, the Village Council of the Village of Lake Elmo
is informed that the Board of Commissioners of Washington County
has approved and authorized the Sheriff's Department submitting an
application for federal funds to be used in the establishment of a
county -wide investigative unit to assist local police in investigating
serious crimes; and.
WHEREAS, it appears to the Village Council of the Village
of Lake Elmo that a county -wide investigative unit for the purpose
of investigation of serious crimes would be more effective in crime
prevention and more economical than providing such service through
several municipalities; and
WHEREAS, it appears to the Village Council that such an
investigative unit will be necessary in the future and it would
be most beneficial to all residents of the County if such a unit
could be established now that it may be possible for Washington
County to obtain part of the funds being distributed by the federal
government for that purpose:
NOW, THEREFORE, BE IT RESOLVED that the Village Council of
the Village of Lake Elmo does, hereby, indicate its approval of
the establishment of a County -wide investigative unit in the
Washington County Sheriff's Office at such time as funds are made
available for that purpose as a result of the application heretofore
approved by the Board of County Commissioners.
Adopted by the Village Council this 18th day of September,
1973.
Calvin J. Brookman, Mayor
Attest:
Donald Mehsikomer, Clerk
R-73-33
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING A BUDGET FOR 1974.
WHEREAS, the Village Council of the Village of Lake Elmo
has reviewed the financial needs of the Village and the
anticipated income of the Village for and during the year 1974;
and
WHEREAS, said Council has reviewed the proposed budget
prepared by the Village Treasurer and Village Clerk, a copy
of which is annexed hereto and made a part hereof as Exhibit
"A", and finds the same to be reasonable and appropriate in all
respects:
NOW, THEREFORE, BE IT RESOLVED, that said proposed budget
is hereby approved and adopted as the budget of the Village of
Lake Elmo for 1974.
BE IT FURTHER RESOLVED, that the Village Clerk is hereby
directed to certify the particulars of said budget to the
Washington County Auditor for taxation purposes, all of which
shall be done in the manner and as provided by law.
Adopted by the Village Council this 2nd day of October, 1973.
aizt �W?'44--
Calvin J rookman, Mayor
Attest:
Dghald Mdhs komer, Clerk
R-73-34
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING DRIVEWAY LOCATION FOR GRAVES' PROPERTY
WHEREAS, Charles W. Graves and Marian N. Graves, husband
and wife, owners of Lots Five and Six, First Re -Arrangement
of Lot Three, Block Three, Lake Elmo Park, have heretofore
obtained Village approval to place a residential dwelling on
said property; and
WHEREAS, the Village Council has determined that in order
to prevent a road maintenance problem on 32nd Street (formerly
North Shore Drive), and in order to be consibtent with other
development in the area, the driveway for access to the Graves'
residence should be from 33rd Street Lane on the North instead
of 32nd Street; and
WHEREAS, the Village Council has also determined it would
not be economically desirable for the Village to extend said
33rd Street Lane South to the Graves' property; and
WHEREAS, the Village owns the Westerly 120.16 feet of Lot
Seven, First Re -Arrangement of Lot Three, Block Three, Lake Elmo
Park, which property the Village has acquired for park purposes:
NOW, THEREFORE, BE IT RESOLVED by the Village Council that
in order to accomplish the purposes of the Village Council and
require Graves to construct their access drive to the North of
the property owned by them, the Village Council does hereby grant
Charles W. Graves and Marian N. Graves an easement for access
purposes in and over the Westerly 15 feet of said Lot Seven, all
of which is hereby determined to be within the right-of-way of
any future extension of 33rd Street Lane to the South and at such
time as said street is extended on and over the land subject to
the easement granted hereby, said easement shall terminate.
IT IS FURTHER RESOLVED, that said easement shall be non-
exclusive in that it may be used by the public as a means of
ingress and egress to the adjacent park lands.
Adopted by the Village Council th' 16th day of October, 1973.
Calvin J. rookman, Mayor
Attest:
14
Donald Melisil mer, Clerk
R-73-35
RESOLUTION
VILLAGE OF LAKE EL.M,O
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING PRELIMINARY PLANS FOR 694/MINNEHAHA INTERCHANGE
At a regular meeting of the Village Council of the Village
of Lake Elmo duly held on the 16th day of October, 1973, the
following resolution was offered by C. Watson; seconded by
C. Friedrich; to -wit:
WHEREAS, the Commissioner of Highways has prepared preliminary
plans for the improvement of a part of Trunk Highway Number 394
renumbered as Trunk Highway Number 694 within the corporate limits
of the Village of Lake Elmo at Minnehaha Avenue; and
WHEREAS, said preliminary plans are on file in the office of
the Department of Highways, St. Paul, Minnesota, being marked,
labeled, and identified as Layout No. 8C S.P. 8286-03 (694=394)
at Minnehaha Avenue; and
WHEREAS, copies of said preliminary plans as so marked, labeled,
and identified are also on file in the office of the Village Clerk;
and
WHEREAS, the term "said preliminary plans" as hereinafter used
in the body of this resolution shall be deemed and intended to mean,
refer to, and to incorporate the preliminary plans as in the fore-
going recitals particularly identified and described; and
. WHEREAS, the Village Council, on the advice of its Engineer,
has heretofore determined that a so-called "full diamond" intersection
would better meet the projected needs of the Village than the so-
called "folded diamond" intersection contemplated by the said plan;
and
WHEREAS, it appears that the Commissioner of Highways, in spite
of that determination by the Village Council, intends to proceed
with the construction of a "folded diamond" interchange and the
Village Council is faced with the alternative of approving a folded
diamond interchange or causing the abandonment by the Commissioner
of Highways of all plans for the improvement of said intersection,
the Village Council determines that it would be better to have a
folded diamond intersection constructed than to have no improvement
at all to the existing intersection.
NOW, THEN, BE IT RESOLVED that said preliminary plans for the
improvement of Trunk Highway Number 394 renumbered Trunk Highway
Number 694 within the limits of the Village of Lake Elmo be and
hereby are approved.
Upon the call of the roll the following voted in favor
of the Resolution: Watson, Friedrich, Brockman.
The following voted against its adoption: None;
whereupon the Mayor declared the resolution adopted.
Dated October 16, 1973.
Ga1v�n J. B okman, Mayor
Attest: 1
Donald Mehslkomer, Clerk
R-73-36
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DECLARING COST TO BE ASSESSED AND ADOPTING
THE ASSESSMENT FOR THE 1972 WATER MAIN EXTENSION PROJECT.
WHEREAS, contract has been read for the improvement
described as the 1972 Water Main Extension and the total
cost of said improvement has been determined to be $;
all of which is to be assessed to the benefited property
by reason of the agreement of the owners of the porperty
to be assessed; and
WHEREAS, the agreement of the said property owners as
incorporated in resolution are--72-18 of the Village of
Lake Elmo and consented to by said owners in writing by
endorsement of said resolution in file with the Village
Clerk, provides that the assessment for said improvement
shall be on the basis of the benefit to land owned by them
as determined by the Village Council; and
WHEREAS, the Village Council has accordingly directed
the Village Clerk, with the assistance of the Village
Engineer to calculate the proper amount to be specially
assessed for such improvement against every assessable lot,
piece or parcel of land benefited thereby, without regard
to cash valuation, as provided by law; and said proposed
assessment having been prepared and presented to the Council
here with:
NOW THEREFORE, BE IT RESOLVED by the Village Council
of the Village of Lake Elmo:.
1. Such proposed assessment, copy of which is attached
here to and made a part here of, is hereby excepted and shall
constitute the special assessment again the lands name
therein, and each tract of land therein included is hereby
found to be benefited by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual
installments extending over a period of 20 years, the first
installment to be payable on or before the first Monday in
January 1974 and shall bear interest at the rate of 8% 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 31st, 1973. 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 Village
Treasure except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this
resolution; he may there after pay to the County Treasure the
installment and interest in process of collection on current
tax lists, and he may pay the remaining principle balance of
the assessment to the Village Treasure, with interest accrued
to December 31st of the year in which such payment is made.
Such payment must be made before November 15th or interest
will be charged through December 31st of the next succeeding
year.
4. The clerk shall file the assessment roles pertaining
to this assessment in his office and shall certify annually
to the County Auditor on or before October 10 of each year.
the total amount of installment and interest which are to become
due in the following year on the assessment on each parcel of
land included in the assessment role.
5. Adopted by the Council this llth day of November, 1973.
Ca vin J. L:man, Mayor
Attest:
Donald Mehsikomer, Clerk
R-73-37
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ACCEPTING FINAL REPORT OF EUGENE A. HICKOK & ASSOCIATES
ON THE BATTLE CREED DRAINAGE STUDY, WITH CERTAIN RESERVATIONS.
WHEREAS, a report has been prepared by Eugene A. Hickok &
Associates on the Battle Creek Drainage Study; and
WHEREAS, the Village of Lake Elmo is interested in proceeding
with negotiations with the other municipalities involved in the
study of the Battle Creek drainage area so that the Village of
Lake Elmo and said municipalities may solve any problems they may
have relating to that drainage area; and
WHEREAS, it appears that if said study is to be used as a
basis for said negotiations, it must be approved by each of the
municipalities involved; and
WHEREAS, the Village of Lake Elmo is advised by its consulting
engineer that the report is substantially accurate except for the
accuracy of certain flow computations:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the
Village of Lake Elmo that the Battle Creek Drainage Study as
prepared by Eugene A. Hickok & Associates, and dated October 30,
1973, is hereby accepted subject to the reservation that the
accuracy of some of the flow computations are in question and that
the Village of Lake Elmo will not be committed to any cost apportion-
ment methods shown in the report because of the possible inaccuracy
of said computations.
Adopted by the Village Council this 20th day of November, 1973.
Calvin J. Brookman, Mayor
Attest:
Donal MehsXkomer, Clerk
R-73--38
RESOLUTION
VILLAGE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING VARIANCE FROM THE PROVISIONS OF THE
SUBDIVISION ORDINANCE OF THE FORMER TOWN OF EAST OAKDALE.
WHEREAS, Mr. and Mrs. George Herbst have made
application for variance from provisions of the Village
subdivision codes; it appears that a variance is necessary
in order to build a single family residential dwelling
on the tract of land owned by the applicants in the plat
of Berschen's Shores because said tract does not have
the required 125 feet of frontage on a public road; and
WHEREAS, it appears to the Village Council that the
sale of said tract to the applicants by the prior owner
was in violation of the subdivision ordinance the former
Town of East. Oakdale which was in effect in 1966 (the
year of the sale); and
WHEREAS, it is the finding of the Council that the
applicants did not have actual knowledge of the ordinance
violation at the time they purchased said land; and
WHEREAS, it is finding of the Council that the facts
relating to the said real estate sale are, now, so remote
in time that it would be difficult, if not impossible, for
the applicants to rescind the sale or otherwise recover
from the prior owner;
WHEREAS, it .further appears that if it were not for
the said ordinance violation this is a case where variance
would probably be granted because the variance requested
is a minor variance in a fully developed area:
NOW, THEREFORE, BE IT RESOLVED by the Village Council
of the Village of Lake Elmo that the application of Mr.
and Mrs. George Herbst for variance from the provisions
of the applicable ordinance of the former Town of East
Oakdale is hereby granted in that said applicants shall
not be denied a permit for construction of a single
family residential dwelling on the subject tract of land
by reason of the fact that the frontage on a public
street is less then 125 feet; it is the finding of this
Village Council that the actual frontage, as determined
by the Village Building Official, and indicated by the
maps presented to the Council is in excess of 100 feet.
IT IS FURTHER RESOLVED that the granting of this
variance in no way relieves the applicants of this duty
to comply in all other respects with the existing
ordinances of the Village of Lake Elmo including the
Village Shoreland Management Ordinance.
IT IS FURTHER RESOLVED that the within variance is
granted in spite of the apparent violation of the East
Oakdale Subdivision Ordinance effective at the time, for
the specific reason (and based on the specific determination
by this Council) that the applicants had no actual
knowledge of the violation at the time of the purchase;
that the applicants had no actual knowledge of that
violation until sometime during the year 1973 when they
made application for a building permit and that the
applicants would in all probability be unable to rescind
the sale contract or otherwise recover against the seller
because the sale transaction is so remote in time that
judicial proof will be difficult to secure.
Adopted by the Village Council that this 4th day of
December, 1973.
Calvin J. H ookman, mayor
Attest:
Donald Tehs komer, Clerk