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HomeMy WebLinkAbout1974 ResolutionsR-7h-1 A RESOLUTION APPROVING GILBERT E. SWANSON REGISTERED LAND SURVEY WITH CERTAIN RESTRICTIONS. R-74-2 A RESOLTION APPOINTING LOCAL FUEL COORDINATOR R-74-3 A RESOLUTION OF THE VILLAGE OF LAKE ELMO COMMENDING CALVIN J. BROCKMAN FOR OUTSTANDING SERVICE AS MAYOR, R-74-4 A RESOLUTION OF THE VILLAGE OF LAKE ELMO COMMENDING LEHART J. FRIEDRICH FOR OUTSTANDING SERVICE AS COUNCILMAN. R-74-5 A RESOLUTION ESTABLISHED A SEPARATE OFFICE FOR CITY ASSESSOR AND A SINGLE OFFICE FOR THE RESPONSIBILITIES OF CITY CLERK AND TREASURER;AND ESTABISHED SALARIES THEREFOR R-74-6 A RESOLUTION PROPSING THE ESTABLISHMENT OF THE BATTLE CREEK WATERSHED DISTRICT BY LEGISLATIVE ACT. R-74--7 A RESOLUTION REFERRING PRDP3SED PARK PLAN TO THE PLANNING COMMISSION FOR REVIEW CONFIRMATION R-74-8 A RESOLUTION APPROVING PRELIMINSRY PLANS FOR HIGHWAY 694 AND 'Oth AVENUE (MINNEHAHA) INTERCHANGE R-74-9 A RESOLUTION REQUESTING WASHINGTON COUNTY TO ESTABLISH A NO - PARKING AREA ON DEMONTREVILLE TRAIL: R-74-10 A RESOLUTION COMMENDING THE HONORABLE ROBERT R. WATSON FOR SERVIC TO THE VILLAGE OF LAKE ELMO. R-74-11 A RESOLUTION APPROVING PLANS AND SPEICAL PROVISIONS FOR THE RAMP IMPROVEMENTS AT HIGHWAY 694 AND 'Oth AVENUE NORTH, R-74-12 A RESOLUTION AMENDING R072-27 R 74-^13 A RESOLUTION CALLING FOR AN ELECTION ON $725r000 GENERAL OBLIGATION PARK BONDS OF 1974 R-74-14 A RESOLUTION OBSERVING NATIONAL POLICE WEEK R- 74-15 A RESOLUTION EXPRESSING CONTINUED APPROVAL OF A LAKE ELMO METROPOLITAN PARK AND URGING WASHINGTON COUNTY COMMISSIONERS OR THE METROPOLITAN COUNCIL TO PROMPTLY ACQUIRE THE SAME R-74-0 A RESOLUTION REDUCING SPEED TO 20 MILES PER HOUR ON 12nd STREET NORTH R- 74 1.7 RESOLUTION OF THE CITY OF LAKE ELMO OPPOSING THE CREATION ON THE PROPOSED BATTLE CREEK WATERSHED DISTRICT, ANOKA, RAMSEY AND WASHINGTON COUNTIES. R-74 18 RESOLUTION APPROVING PETITION CHARTER COMMISSION R-74 1.9 A RESOLUTION EXPRESSING APPRECIATION AND COMMENDING PARK STUDY COMMITTEE R 74-20 RESOLUTION PROVIDING FOR PUBLIC SALE OF $179,000 GENERAL:'OBLIGATION STREET IMPROVEMENT BONDS OF 1974, unnumbered A RESOLUTION DESIGNATING 32ND STREET NORTH A ONE-WAY STREET. l R 74-21 A RESOLUTION REQUESTING APPROVAL OF COMPREHENSIVE SEWER PLAN. R 7422 A RESOLUTION APPROVING THE PROPOSED ACQUISITION OF LANDS BY WASHINGTON COUNTY FOR A LAKE ELMO METROPOLITAN PARK. R 74-23 A RESOLUTION ACCEPTING BIDS ON SALE OF $179P000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS OF 1974 AND PROVIDING FOR THE ISSUANCE THEREOF. R 74-24 A RESOLUTION CANVASSING RETURNS OF ELECTION. unnumbered A RESOLUTION TO PROVIDE FOR GRADING IN PEBBLE PARK. R 74 25 A RESOLUTION COMMENDING THOMAS E. TORSETH FOR SERVICE TO THE PLANNING COMMISSION. R 74--26 A RESOLUTION APPROVING PROPOSED ALLOCATIONS OF COSTS FOR THE JMTItiE CREEK WATERSHED DRAINAGE AREA<'IMPROVEMENTS. R 74-27 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISE- MENT'S FOR BIDS FOR 197q. TENNIS COURT IMPROVEMENT PROJECT. R 74 28 A RESOLUTION AUTHORIZING CITY ATTORNEY TO NOTIFY SELLERS OF CITY INTENT TO EXERCISE OPTION TO PURCHASE PARK LAND. R 74-29 A RESOLUTION DENYING THE APPLICATION OF DEAN AND AUDREY HEDBERG FOR A VARIANCE. R 74-30- - A RESOLUTIONCOMMENDINGBRUCE A. FOLZ FORSERVICETO TILE PLANNING COMMIS— SION. R 74-31 A RESOLUTION ESTABLISHING 25 MPH SPEED LIMIT ON 32ND STREET NORTH R 74-32 A RESOLUTION AUTHORIZING ACQUISITION OF WHITMAN PARCEL FOR PARK PURPOSES BY MEANS OF EMINENT DOMAIN PROCEEDINGS. R 74-33 A RESOLUTION COMMENDING V.F.W. POST :572`�. R 714 34 A RESOLUTION PROVIDING FOR PUBLIC SALE OF $739,000,00 GENERAL OBLIGATION PARK BONDS. R 74-35 A RESOLUTION ENDORSING CITIZENS' PETITION REGARDING "TRACT a21' OF LAKE ELMO REGIONAL PARK. R 71r-36 A RESOLUTION COMMENDING COMMISSIONER A. B, SCHAEFER, SR. FOR OUTSTANDING SERVICES AS COUNTY COMMISSIONER. R 74-37 A RESOLUTION COMMENDING CALVIN J. BROOKMAN FOR SERVICE TO THE CITY. R 74-35 A RESOLUTION COMMENDING OFFICER NEVILLE FOR OUTSTANDING SERVICE AS POLICE OFFICER FOR CITY. R 74 39 A RESOLUTION ACCEPTING BIDS ON SALE OF $739,000.00 GENERAI, OBLIGATION ( PARK BONDS AND PROVIDING FOR THE ISSUANCE THEREOF. RESOLUTION R-7 4-1 VILLAGE OF LAKE EL140 WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING GILBERT E. SWANSON REGISTERED LAND SURVEY WITH CERTAIN RESTRICTIONS. WHEREAS, Gilbert E. Swanson, being the owner of certain registered lands in the Village of Lake Elmo, has been required. by the Registrar of Titles of Washington County to prepare a Registered Land Survey thereof as a prerequisite to the recording of any transfer of title to said land, all pursuant to Section 508.47, Subd. 2, of the Minnesota Statutes and an Order of the Washington County District Court dated April 14, 1958, In the Matter of the Petition of Edward W. Simonet, Registrar of Titles of Washington County, Minnesota, for Order of Court and General Rule requiring Registered Land Surveys; and WHEREAS, in order to have said Registered Land Survey recorded it is necessary that the Village of Lake Elmo approve the same, as provided by applicable laws relating to municipal planning and plat approval; and WHEREAS, the Planning Commission and the Village Council of the Village of Lake Elmo have approved said Registered Land Survey for the limited purpose only of meeting the requirements of the Registrar of Titles; and WHEREAS, said approval in no way is to be construed as approval of the lots provided therein for building sites; NOW, THEREFORE, BE IT RESOLVED that said Registered Land Survey is hereby approved with the specific restriction that no lot contained therein shall be deemed approved as a building site under the sub- division ordinances and building codes of the Village of Lake Elmo until specific approval thereof has been given in writing by the Village Council. IT IS FURTHER RESOLVED that a copy of this resolution, verified by the Village Clerk be filed with the Registrar of Titles and memorialized on the Certificate of Title to each and every parcel of land included within said Registered Land Survey as a condition of the within approval of said survey. Adopted by the Village Council this 8th day of January, 1974. Maynar L. Eder, Mayor Attest: Dona . e s comer, er c� R-74-2 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPOINTING LOCAL FUEL COORDINATOR WHEREAS, State and Federal energy regulations now require that each municipal- ity appoint a Local Fuel Coordinator to administer on the local level any regulations which may be adopted to insure the best use of existing supplies during the present fuel shortage: NOW, THEREFORE, BE IT RESOLVED that Calvin J. Brookman be, and hereby is, appointed local Fuel Coordinator for the Village of Lake Elmo. Adopted by the Village Council this 8th day of January, 1974. Maynard . Eder, Mayor Attest: Donald Mehsikgmer, Clerk R-74-3 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF THE VILLAGE OF LAKE ELMO COMMENDING CALVIN J. BROOKMAN FOR OUTSTANDING SERVICE AS MAYOR. WHEREAS, Calvin J. Brookman has served the Village of Lake Elmo as Mayor since 1967, having been Mayor of the greater Village of Lake Elmo since its 1970 merger with the Town of East Oakdale until the expiration of his term on December 31, 1973; and WHEREAS, Calvin J. Brookman has maintained an outstanding record of public service as Mayor for the Village of Lake Elmo especially in the administration of the responsibilities of his office; and WHEREAS, Calvin J. Brookman has rendered invaluable assistance and direction in planning for future development and for the orderly growth of the Village of Lake Elmo thereby contributing to a better community in which the residents may live, work and enjoy their leisure; and WHEREAS, Calvin J. Brookman has dedicated unnumbered hours to the performance of the duties entrusted to him which hours might otherwise have been spent with his family and friends; and WHEREAS, such unselfish devotion to public service requires a special expression of appreciation: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Lake Elmo of Washington County, Minnesota, that Calvin J. Brookman be, and he hereby is, commended for his outstanding and faithful service to the Village of Lake Elmo as Mayor. BE IT FURTHER RESOLVED, that the Village Clerk be, and he is hereby, authorized and directed to record this Resolution in the official records of the proceedings of said Village and deliver a certified copy thereof to Calvin J. Brookman. Adopted by the Village Council this 22nd day of January, 1974. Maynaxd L. Eder, Mayor Attest: Donald /Meh .ikomer, Clerk R-74-3 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF THE VILLAGE OF LAKE ELMO COMMENDING CALVIN J. BROOKMAN FOR OUTSTANDING SERVICE AS MAYOR. WHEREAS, Calvin J. Brookman has served the Village of Lake Elmo as Mayor since 1967, having been Mayor of the greater Village of Lake Elmo since its 1970 merger with the Town of East Oakdale until the expiration of his term on December 31, 1973; and WHEREAS, Calvin J. Brockman has maintained an outstanding record of public service as Mayor for the Village of Lake Elmo especially in the administration of the responsibilities of his office; and WHEREAS, Calvin J. Brookman has rendered invaluable assistance and direction in planning for future development and for the orderly growth of the Village of Lake Elmo thereby contributing to a better community in which the residents may live, work and enjoy their leisure; and WHEREAS, Calvin J. Brookman has dedicated unnumbered hours to the performance of the duties entrusted to him which hours might otherwise have been spent with his family and friends; and WHEREAS, such unselfish devotion to public service requires a special expression of appreciation: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Lake Elmo of Washington County, Minnesota, that Calvin J. Brookman be, and he hereby is, commended for his outstanding and faithful service to the Village of Lake Elmo as Mayor. BE IT FURTHER RESOLVED, that the Village Clerk be, and he is hereby, authorized and directed to record this Resolution in the official records of the proceedings of said Village and deliver a certified copy thereof to Calvin J. Brookman. Adopted by the Village Council this 22nd day of January, 1974. Maynard L. Eder, Mayor Attest: Donald Mehsikomer, Clerk STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss VILLAGE OF LAKE ELMO ) I hereby certify that I have compared the foregoing copy of Resolution R-74-3 with the original thereof contained in the records of my office and I find said copy to be true, correct and complete. January 25, 1974.�G Dona Me sikomer, Clerk R-74-4 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF THE VILLAGE OF LAKE ELMO COMMENDING LEHART J. FRIEDRICH FOR OUTSTANDING SERVICE AS COUNCILMAN. WHEREAS, Lehart J. Friedrich has served the Village of Lake Elmo as Councilman since 1970 until his term expired on December 31, 1973; and WHEREAS, Lehart J. Friedrich has maintained an outstanding record of public service as Councilman for the Village of Lake Elmo, especially in the area of public works; and WHEREAS, Lehart J. Friedrich has rendered his valuable assistance and direction in planning for future development and for the orderly growth of the Village of Lake Elmo thereby contributing to a better community in which the residents may live, work and enjoy their leisure; and WHEREAS, Lehart J. Friedrich has dedicated unnumbered hours to the performance of the duties entrusted to him which hours might otherwise have been spent with his family and friends; and WHEREAS, such unselfish devotion to public service requires a special expression of appreciation: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Lake Elmo of Washington County, Minnesota, that Lehart J. Friedrich be, and hereby is, commended for his outstanding and faithful service to the Village of Lake Elmo as Councilman. BE IT FURTHER RESOLVED, that the Village Clerk be, and he is hereby, authorized and directed to record this Resolution in the official records of the proceedings of said Village and deliver a certified copy thereof to Lehart J. Friedrich. Adopted by the Village Council this 22nd day of January, 1974. '0 'P 9 dt"'i Mayna d L. Eder, Mayor Attest: Donald Mehsikomer, Clerk R-74-4 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF THE VILLAGE OF LAKE ELMO COMMENDING LEHART J. FRIEDRICH FOR OUTSTANDING SERVICE AS COUNCILMAN. WHEREAS, Lehart J. Friedrich has served the Village of Lake Elmo as Councilman since 1970 until his term expired on December 31, 1973; and WHEREAS, Lehart J. Friedrich has maintained an outstanding record of public service as Councilman for the Village of Lake Elmo, especially in the area of public works; and WHEREAS, Lehart J. Friedrich has rendered his valuable assistance and direction in planning for future development and for the orderly growth of the Village of Lake Elmo thereby contributing to a better community in which the residents may live, work and enjoy their leisure; and WHEREAS, Lehart J. Friedrich has dedicated unnumbered hours to the performance of the duties entrusted to him which hours might otherwise have been spent with his family and friends; and WHEREAS, such unselfish devotion to public service requires a special expression of appreciation: NOPT, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Lake Elmo of Washington County, Minnesota, that Lehart J. Friedrich be, and hereby is, commended for his outstanding and faithful service to the Village of Lake Elmo as Councilman. BE IT FURTHER RESOLVED, that the Village Clerk be, and he is hereby, authorized and directed to record this Resolution in the official records of the proceedings of said Village and deliver a certified copy thereof to Lehart J. Friedrich. Adopted by the Village Council this 22nd day of January, 1974. Maynard L. Eder, Mayor Attest: Donald Mehsikomer, Clerk STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) SS VILLAGE OF LAKE ELMO ) I hereby certify that I have compared the foregoing copy of Resolution R-74-4 with the original thereof contained in the records of my office and I find said copy to be true, correct and complete. January 25, 1974._ Donald Mehsikomer, Clerk R-74-5 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING A SEPARATE OFFICE FOR CITY ASSESSOR AND A SINGLE OFFICE FOR THE RESPONSIBILITIES OF CITY CLERK AND TREASURER; AND ESTABLISHING SALARIES THEREFOR WHEREAS, changes in the laws of the State of Minnesota applicable to local assessors and an increasing number of separate properties require a greater degree of specialization and effort on the part of the City Assessor, and as a result it appeared to be no longer appropriate to combine the duties of assessor and treasurer; and WHEREAS, changes in the laws of the State of Minnesota and increasing budgets have created a greater responsibility on the part of the City Clerk for managing and reporting on the application of City revenue, and, accordingly, it appears appropri- ate that the duties of City Clerk and City Treasurer be combined: NOW, THEREFORE, BE IT RESOLVED that as of the date hereof the duties of City Assessor shall be separate and apart from the duties of City Treasurer, and the duties of the City Treasurer shall be combined with the duties of the City Clerk. IT IS, ACCORDIN%Y, FURTHER RESOLVED that there be established by this Reso- lution the office of City Assessor and an office of Clerk -Treasurer. The present assessor, William Park, is hereby re -appointed City Assessor with an annual salary of $2,400.00, and the present clerk, Donald Mehsikomer, is hereby appointed Clerk - Treasurer with an annual salary of $2,600.00; the salaries provided herein shall be effective as of January 1, 1973, so as to reflect appropriate compensation for the duties actually performed by the said office -holders during the year 1974 and now being performed by them. Adopted by the City Council this 5th day of February, 1974. Maynard Eder, Mayor Attest: Donald Mehsikomer, Clerk R-74-6 RESOLUTION VILLAGE OF LADE E LI`-10 WASHINGTO�4 COUNTY, MINNESOTA A RESOLUTION PROPOSING THE ESTABLISHiYIEidT OF THE BATTLE CREEX %7ATERSHED DISTRICT BY LEGISLATIVE ACT. WHEREAS, the Village of Lake Elmo and other concerned municipalities, through there appointed representatives, have been carrying on a certain discussions for the purpose of establishing Watershed District known as the Battle Creek watershed District; and WHEREAS, said municipalities have been discussing the establish- ment of said Battle Creek Watershed District under the general laws of the State of Minnesota; and WHEREAS, the Village Council of the Village of Lake Elmo believes that these discussions will result in an effective Watershed District being established for the purpose and in the -manner provided by Chapter 112 of the Minnesota Statutes; and WHEREAS, the Village Council of the Village of Lake Elmo is of the opinion that it is unecessary for the Legislature to provide by special act for the creation of a Battle Creek Watershed District since the general laws of this State provide fair and appropriate procedures for doing so; PuOW, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Lake Elmo opposes creation of a Battle Creek Watershed District by special legislative act and does, hereby, urge its legislative representatives to oppose any bill for such an act. Adopted by the Village Council this 19th day of February, 1974. �111aynar L . Eder. ,Mayor 4 Attest: 4Dn� al��sl older, Clerk R-74-7 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REFERRING PROPOSED PARK PLAN TO THE PLANNING COMMISSION FOR REVIEW AND CONFIRMATION WHEREAS, the City Park Committee has heretofore presented its proposed park plans to the City Planning Commission and the City council; and WHEREAS, the Planning Commission and the Council have on various occasions discussed the proposed park plan with members of the.Park Committee and made recom- mendations and suggestions; and WHEREAS, the recommendations and suggestions of the Planning Commission and the Council have been incorporated in and made a part of said Park Plan, and it appears to this Council that said proposed Park Plan now conforms to the recommendations and requirements of this Council and its Planning Commission: NOW, THEREFORE, BE IT RESOLVED that the proposed Park Plan be referred to the City Planning Commission for its final review and formal confirmation thereof. BE IT FURTHER RESOLVED that in the absence of formal confirmation or rejection thereto, the said plan will be deemed confirmed and ratified in all respects by said Planning Commission within thirty (30) days from the date of this Resolution. Adopted by the City Council this 19th day of February, 1974. 2)Z'/L Maynard Eder, Mayor Attest: Donald MehsiKomer, Clerk RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PRELIMINARY PLANS FOR HIGHWAY 694 AND 10TH AVENUE (MINNEHAHA) INTERCHANGE WHEREAS, the Commissioner of Highways has prepared preliminary plans for the improvement of a part of Trunk Highway Number 393 renumbered as Trunk Highway Number 694 within the corporate limits of the City of Lake Elmo at Minnehaha Avenue; and WHEREAS, said preliminary plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked labeled, and identified as Layout No. 8D & 8E, S.P. 8286-03 (694=393) 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 City 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; NOW, THEN, BE IT RESOLVED that said preliminary plans for the improvement of Trunk Highway Number 393 renumbered Trunk Highway Number 694 within the limits of the City of Lake Elmo be and hereby are approved. Adopted by the Village Council of the Village of Lake Elmo this 5th day of March, 1974. ? 2 L", � � ,4 -, � &_- P� j Maynardr,Y. Eder, Mayor Attest: /Z) Donald Mchsi omer, Clerk MaD 2521 Rev. (9-73) RES0LDTIO13 At a (regular) (spaedft) meeting of the City Council of the City of duly head on the day of the following Resolution was offered by ; seconded by _ ( , zyl�61L;2 1- i�zaxx._ _; to -wit: WMEREAS the Commissioner of Highways -has prepared preliminary plans for the improvement of a part of Trunk- Highway Number renumbered as Trunk Highway No. 694 within the corporate limits of the City of Lake _Elmo [ate _a_t_Mjn ehat n Avon t4 and WHEREAS said preliminary plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, bein marked, labeled, and identified as La out No. 8D & 8E,-_S.P.8286-03 694�t Minnehaha Avenue. and W14EREAS copies of said preliminary plans as so marked, labeled, and identified are also on file in the office of the City 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 foregoing recitals particularly identified and described; NOW, TEEN, BE IT RESOLVED that said preliminary plans for the improvement of Trunk Highway Number 393 renumbered Trunk Highway Number 694 within the limits of the City of Lake Elmo be and hereby are approved. = 2521 Rev. (9-73) Upon the call of the roll the following _ voted in r favor of the Resolution C- The following D F voted against its adoption; whereupon the Mayor and presiding officer declared the Resolution adopted. Dated `� ��cJ l9 7�L ��r'�,M,_,�.'`•'J� c�L � fir..: v� �.� Hayor Attest City Clerk STATE OF MIMIESOTA ) COU%IITY OF Washington --- ) ss. CI,Y OF Lake Elmo ) I do hereby certify that at a regular meeting . of the City Council of Lake Elmo , Hinnesota, on the '; day of 9 &'._./i , 191 , at which a majority of the members of said Council were present, the foregoing resolution was adopted. Given under my hand and seal this day of 19• Catty Clerk R-74-8 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PRELIMINARY PLANS FOR HIGHWAY 694 AND 10TH AVENUE (MINNEHAHA) INTERCHANGE WHEREAS, the Commissioner of Highways has prepared preliminary plans for the improvement of a part of Trunk Highway Number 393 renumbered as Trunk Highway Number 694 within the corporate limits of the City of Lake Elmo at Minnehaha Avenue; and WHEREAS, said preliminary plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked labeled, and identified as Layout No. 8D & 8E, S.P. 8286-03 (694-393) 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 City 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; NOW, THEM, BE IT RESOLVED that said preliminary plans for the improvement of Trunk Highway Number 393 renumbered Trunk Highway Number 694 within the limits of the City of Lake Elmo be and hereby are approved. Adopted by the Village Council of the Village of Lake Elmo this Sth day of March, 1974. Maynard . Eder, Mayor Attest: Donald Mehiikomer, Clerk R-74-9 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING WASHINGTON COUNTY TO ESTABLISH A NO PARKING AREA ON DEMONTREVILLE TRAIL. WHEREAS, the Village Council of the Village of Lake Elmo has determined that the parking of motor vehicles on the following described part of DeMontreville Trail North constitutes a traffic hazard because of the substantial number of so-called "blind curves" therein; and WHEREAS, said DeMontreville Trail is the County road and the regulation of traffic thereon is, accordingly, within the jurisdiction of the Board of Commissioners of Washington County; NOW, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Lake Elmo does, hereby, request that said Board of County Commissioners establish a "no -parking" zone on both sides of that part of said DeMontreville Trail North described as follows: All that part of DeMontreville Trail North between that point on the West where the East-West center line of Section 5 intersects said DeMontreville Trail North and that point on the East where said street abuts the residents designated as 8510 DeMontreville Trail North, and that said Board of Commissioners further direct the County Engineer to install appropriate "no -parking" signs. Adopted by the Village Council this 2nd day of April, 1974. MaynarOjL. Eder, Mayor Attest: D nald Me s komer, Clerk R--74- 9 RESOLUTION VILLAGE OF LAKE ELMO TEA SHINGTON COUNTY, MINNESOTA A RESOLi}TION REQUESTING WASHINGTON COUNTY TO ESTABLISH A NO PARKING AREA ON DaIONTREVILLE TRAIL. WHEREAS, the village Council of the Village of Lake Elmo has determined that the parking of motor vehicles on the following described part of DeMontreville Trail Worth constitutes s traffic hazard because of the substantial number of so-called "blind curves" therein; and WHEREAS, said DeMontreville Trail is the County road and the regulation of traffic thereon is, accordingly, within the jurisdiction of the Board of Commissioners of Washington County; 'NOW, THEREFORE, BE IT RESOLVED that the Tillage Council of the Village of Lake Elmo does, hereby, request that said Board of County Commissioner's establish a "no -parking' zone on moth sides of that part of said DeMontreville Frail North described as followsr All that part of DeMontreville Trail North between that point on the West where the East-West center line of Section 5 intersects said DeKontrewille 'Trail North and that point on the East where said street abuts the residents designated as 8510 DeMontreville Frail north, and that said Board of Commissioners further direct the County Engineer to install appropriate "no -parking" signs. 1974. Adopted by the Village Council, this 2nd day of April, ram] synar d F er, yor Attests ona 13 pies _t__CTe—rFE er R-74-10 VILLAGE OF LAKE ELMO WASHINGTON COUNTY MINNESOTA A RESOLUTION COMMENDING THE HONORABLE ROBERT R. WATSON FOR SERVICE TO THE VILLAGE OF LAKE ELMO. WHEREAS, Robert R. Watson has since March 1, 1965 served this municipality as a Village Councilman from January 19, 1970, to April 2nd, 1974, and as a Supervisor and Chairman of the former Town of East Oakdale from March 1, 1965 to January 19, 1970, always giving generously of his time and sparing no personal effort to make the Village of Lake Elmo a better place to live; and WHEREAS, the Village Council, at his request and most reluctantly, has accepted his resignation this 2nd day of April, 1974, NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Lake Elmo that said Robert R. Watson be and he hereby is commended for said service, AND, BE IT FURTHER RESOLVED, that said Robert R. Watson's contribution to the organization of this Village be, and the same are hereby, recognized as unequalled and invaluable con- tributions to the spirit of cooperation and community service which has become the hallmark of this Village and its govern- ment, BE IT FURTHER RESOLVED, that the Village Clerk is hereby directed to deliver a certified copy of this Resolution to said Robert R. Watson., forthwith. Adopted by the Village Council this 2nd day of April, 1974. Attest: r onald Mehsi ��r�11e�i�� Maynar,## L. Eder, Mayor R-74-11 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS FOR THE RAMP IMPROVEMENT AT HIGHWAY 694 AND loth AVENUE NORTH. WHEREAS, the Commissioner of Highways has prepared plans, special provisions and specifications for the improvement of a part of Trunk Highway Number 393 renumbered as Trunk Highway Number 694 within the corporate limits of the City of Lake Elmo along the West and North corporate limits; and WHEREAS, said plans are on file inthe office of the Depart- ment of Highways, St. Paul, Minnesota, being marked, labeled, and identified as S.P. 8286--26 (694-393); and WHEREAS, said special provisions are on file in the office of the Department of Highways, St. Paul, Minnesota, being marked, labeled and identified as S.P. 8286-26 (694-393), which, together with the Minnesota Department of Highways Specifications for Highway Construction, dated January 1, 1974, shall govern, on file in the office of the Commissioner of Highways, constitute the specifications for said improve- ment of Trunk Highway 393 renumbered as Trunk Highway Number 694; and WHEREAS, copies of said plans and special provisions as so marked, labeled and identified are also on file in the office of the City Clerk; and WHEREAS, the term "said plans and special provisions" as hereinafter 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. NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway Number 393 renumbered as Trunk Highway Number 694 within the limits of the City of Lake Elmo be and hereby are approved. BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions be and they are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of said Trunk Highway Number 393 renumbered as Trunk Highway Number 694 in accordance with said plans and special provisions. Adopted by the Village Council this 2nd dayofApril, 1974. Iz ,r G{ i Gun' Mayn, d L. Eder, Mayor Attest: Ddnald-Me ik mer, Clerk IC 7d- - /I MID 2523 (3-74) R E S 0 L U T 1 0 N At a (refular) (special) meeting of the City Council of the City of day of duly held on the y ' 19� 7 4 s the following ?Resolution was offered by i seconded -- ------------- ; WHEREAS the Commissioner of Highways has prepared plans, special 'provisions and specifications for the improvement of a part of Trunk Highway Number -_ 35.3 — renumbered as Trunk Highway Number fi9� within - the corporate limits of the City Of L�3ic d er aZanr� -L'19 w sr. and ox and cost arate limits �Et^.S said plans are on file in the office of the Departmen i.nnesota, being marked, labeled, and identified of Highways, Saint Paul, Y as and [mE'azk said, special provisions are on file the office �,r the and - Department of Highways, Saint -Paul, tinnesota, being marked, labeled and' 9 identified as S'rF+� 828E»25'�' -;_ — HF;— which, togeth,ar with the Minnesota Department of asgarendedpbyificat�ons for Highway Constrvction, dated January 1, 1974 shall govern, on ,,Supplemental Specifications dates. January 1, � file in the office of the Commissioner of Highways, constituut __e the specifications for said improvement of Trunk Highway - renumbered as Trunk Highways Number _ _.- 4 _ -- and 11HEREAS copies of said plans and special provisions as so oC arkced, labeled.and identified are also on file in the office and I.MEREAS the term "said plans and special provisions" as her 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. MHD 2523 (9-73) NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway dumber _ 393 renumbered as Trunk Highway Number 694 within the limits of the City of Lake Elmo be and hereby are approved. BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions be and they are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of said Trunk Highway Number 393 renumbered as Trunk Highway Number 6e,d,.__ in accordance with said plans and special provisions. Upon the call of the roll the following voted) in favor of the Resolution -. y•;., ' �:; .:. -- F - , ' The following voted against its adoption: whereupon the Mayor and presiding officer declared the Resolution adopted. Dated 19 C f Mayor Attest,4. City Clerk STATE OF MINNESOTA ) COUNTY OF bash in ton ) s s . CITY OF Labe Elmp ) I do hereby certify that at a regular meeting (at a special meeting of which due and legal notice was given) of the City Council of Lz,ke I.`1.mo Minnesota, on the day of _ _ _.. 19 , at which a majority of the members of said Council were present, the for egoing"resalution was adopted. Given under my hand and seal this day of 19 City :Clerk R-74 --11 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS FOR THE RAMP TYIPROVEMENT AT HIGfWAY 694 X4D loth AVENUE NORTH. WHEREAS, the Commissioner of Highways has prepared plans, special provisions and specifications for .the improvement of a part of Trunk Highway Number 393 renumbered as Trunk Highway Number 694 within the corporate limits of the City of Lake Elmo along the west and North corporate limits; and WHEREAS, said playas are on file inthe office of the Depart- ment of Highways, St. Paul, Minnesota, being marked, labeled, and identified as S.P. 8286-26 (694-393); and WHERLAS, said special provisions are on file in the office of the Department of Highways, St. Paul, Minnesota, being marked, labeled and identified as S.P. 8286-26 (694-393), which, together with the Minnesota Department of highways Specifications for Highway Construction, dated January 1, 1974, shall govern, on file in the office of the Commissioner of Highways, constitute the specifications for said improve- ment of Trunk Highway 393 renumbered as Trunk Highway Nuarber 694; and WHEREAS, copies of said plans and special provisions as so marked, labeled and identified are also on file in the office of the City Clerk; and WHEREAS, the term "said plans and special provisions" as hereinafter used in the body of this Resolution shall be deemed and intended to rrean, refer to, and incorporate the plans and special provisions in the foregoing recitals particularly identified and described. NOWp THEM, DE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway dumber 393 renumbered as Trunk Highway Number 694 within the limits of the City of Lake Elmo be and hereby are approved. BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions be and they are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of said Trunk Highway Number 393 renumbered as Trunk Highway Number 694 in accordance with said plans and special provisions. Adopted by the Village Council this 2rzd day of April, 1974. Z f. 1 Maynard L . Eder, Mayor Attest: Donald Mehilkomer, Clark R-74-12 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING R-72-27 WHEREAS, the Village Council of the Village of Lake Elmo on the 6th day of November, 1972, passed a Resolution granting Agnes Berschens and John Berschens a variance under the provisions of Section 12(C) of the Village Sub -division Code, and, WHEREAS, said Resolution contains the description of two separate parcels of land annexed hereto as Exhibits"A"and"B"; and, WHEREAS, the description used in Exhibit "A" to said Resolution R-72-27 was in error: NOW, THEREFORE, BE IT RESOLVED that the description of the land annexed hereto and made a part hereof as Exhibit "A" be substituted for the description set forth in Exhibit "A" to said Resolution R-72-27. Adopted by the Village Council this 16th day of April, 1974. Attest: Maynard . Eder, Mayor Donald Meh'sikomer, Clerk All that part of Government Lot Number Four (4), Section Ten (10), Town- ship Twenty-nine (29) North, Range Twenty-one (21) We:st., Washington county, Minnesota, described as follows; Commencing at the Southwest corner of said Government. Lot Four (4); thence North along the West line of said Government Lot Four (4) for Six Uundred Twenty-six and :six -tenths (526 e 5) feet; thence: East at right angles for P"ive Hundred (500.0) feet; thence North at right angles for Two Hundred Seventy-three (273) feet to the center line of 45th Street North (formerly Lake Jane Road), as now located, and travelled.; thence Worth Sixty (60) degrees nine (9) minutes east along the center lines of :said road for one Hundred Sixty-six and nine --tenths (166.9) feet to the point of beginning of this description; thence continuing, North Sixty (60) degrees nine (9) minutes east along the center linee£ said .road for, a distance of One hundred Sixty-six (166) feet; thence South Fourteen (14) degrees nineteen (19) minutes east to the point !of intersection with a line drawn parallel with and Six hundred Twenty- & and six -tenths (626.6) feet north of the south line of said Govern- ment ;got Four (4); thence West along said line drawn parallel with and Six hundred twenty- six and six -tenths (626.6) feet North of the South line of said Govern - meat Lot Four (4) to the point of intersection with a line drawn South nineteen (19) degrees, one (1) minute east from the point of beginning of this description; thence North nineteen (19) degreees one (1.) minute ea,st to said. ,point of beginning. Containing 1.25 acres, more or less.. Exhibit "A" to Village of Lake Elmo Resolution R-74-12 R-74-13 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CALLING FOR AN ELECTION ON $725,000 GENERAL OBLIGATION PARK BONDS OF 1974. BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota,as follows: 1. This Council has investigated the facts and does hereby find, determine and declare that it is necessary and expedient to provide money for the acquisition and betterment of park facilities in the City. 2. The proposition of authorizing the issuance of $725,000 General Obligation Park Bonds for said purpose shall be submitted to the qualified electors of the City at a election to be held on June 11, 1974. Said election shall be held between the hours of 7:00 o'clock A.M. and 8:00 o'clock P.M. C.D.S.T. The polling place shall be Lake Elmo, Minnesota. 3. The Clerk is hereby authorized and directed to post and publish according to law a Notice of Election, and to prepare ballots for use at said election, which notice and ballot shall be in substantially the following form: NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Lake Elmo, Washington County, Minnesota, on June 11, 1974, between the hours of 7:00 o'clock A.M. and 8:00 o'clock P.M. at which time the following question will be submitted: Shall the City of Lake Elmo issue its general obligation bonds in the amount of $725,000 for the acquisition and development of parks? The polling place for said election will be the City Hall, at which place all of the qualified electors of the City may cast their ballots. Dated: 1974 BY ORDER OF THE CITY COUNCIL /s/ Donald Mehsikomer City C er R-74--14 RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OBSERVING NATIONAL POLICE IMK. WHEREAS, the week of May S through May 11, 1974 is National Police Week; and WHEREAS, it is the purpose of National Police Week to foster a concern among the people of this country for the quality of police administration; and WHEREAS, the Village Council of the Village of Lake Elmo is ever aware of the high quality of police protection provided this community by the Washington. County Sheriff's Office; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Vlllageof Lake Elmo that the Washington County Sheriff's Office be, the same is hereby, commended for such exemplery service, and that the citizens of this Village be, and are hereby, urged to consider during this National Police Week how they may insure a continued high quality police administration within this community. Adopted by the Village Council this 7th day of May, 1974. Mayfi,brd L. Eder, mayor Attest: nor,ald Neh lkomer, Clerk f19 ME,=u0i RESOLUTION VILLAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION EXPRESSING CONTINUED APPROVAL OF A LAKE ELMO METROPOLITAN PARK AND URGING WASHINGTON COUNTY COMMISSIONERS OR THE METROPOLITAN COUNCIL TO PROMPTLY ACQUIRE THE SAME WHEREAS, the Village Council of the Village of Lake Elmo has previously expressed its approval of the concept of a Metro- politan Park of regional significance within its boundaries; such park being approximately 2,000 acres in size and located to the west and south of the lake bearing the Village's name; and WHEREAS, a quantity of land in excess of 400 acres has already been acquired, constituting the original Phase I of the acquisition of said park site and it is appropriate now to re -express the Village's approval of the concept of moving for- ward with Phases II and III; and WHEREAS, the Minnesota legislature, in its most recent session, did enact legislation providing bonding authority to facilitate the financing of the purchase of additional land for this park site as well as several others in the so-called seven county metropolitan area, and Lake Elmo desires that a part of these finances be dedicated toward completing the acquisition of the necessary land within Lake Elmo for this park; it is there- fore RESOLVED, that the Village Council of the Village of Lake Elmo, Washington County, Minnesota, does hereby reaffirm its expressions of approval of the concept of a Metropolitan Park of regional significance consuming approximately 2,000 acres lying to the west and south of the lake of Lake Elmo within said Village's boundaries and does hereby urge the Board of County Commissioners of said county to promptly take the necessary formal action, and notify the Metropolitan Council thereof, to assure the inclusion of said park site in the plans for acquisition and funding of the newly formed Metropolitan Park Commission; and it is further RESOLVED, that in the event the said Commissioners of Washington County fail to act formally and promptly, the Village Council of the Village of Lake Elmo does hereby request that the Metropolitan Council, through agencies provided by law, take action directly to assure the inclusion of said park site in the early plans for acquisition. Adopted by the Village Council this 21st day of May, 1974. "e exte'� Maynar . Eder, Mayor Attest: y-_, Donald Mehsikomer, Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) I hereby certify that I have compared the foregoing copy of Resolution R-74-15 of the Village of Lake Elmo with the original thereof in the records of my office and find said copy to be true, correct and complete. (SEAL) Donald Mehs'komer, Clerk OFFICIAL SPECIAL ELECTION BALLOT JUNE 11, 1974 CITY OF LAKE ELMO WASHINGTON COUNTY MINNES OTA YES Shall the City of Lake Elmo issue its general obligation bonds in the amount of $725,000 for the acquisition and development of parks? NO INSTRUCTIONS TO VOTERS: If you wish to vote in favor of the above proposition, mark a cross (X) in the square below the word "YES". If you wish to vote against the above proposition, mark a cross (X) in the square below the word "NO". Adopted by the City Council the 7th day of May, 1974. �e ). �" 4,j Maynard/-L. Eder, Mayor Attest: r Donald Me s" comer, Clerk R-74-16 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REDUCING SPEED TO 20 MILES PER HOUR ON 32nd STREET NORTH WHEREAS, it appears to the City Council that 32nd Street North between Klondike Avenue North and Lake Elmo Avenue North is unsafe for speeds in excess of 20 miles per hour because of the narrow roadway: NOW, THEREFORE, BE IT RESOLVED that the speed limit on said street is hereby reduced to 20 miles per hour. BE IT FURTHER RESOLVED that appropriate traffic control signs be installed forthwith. Adopted by the City Council this 4th day of June, 1974. Mayn d L. Eder, Mayor Attest: Donald Meh ikomer, City Clerk R-74-17 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY OF LAKE ELMO OPPOSING THE CREATION OF THE PROPOSED BATTLE CREEK WATERSHED DISTRICT, ANOKA ,RAMSEY AND WASHINGTON COUNTIES. Member, R.BRuce Abercrombie, introduced the following Resolution and moved its adoption. RESOLUTION WHEREAS, the Division of Waters, Soils and Minerals of the Minnesota Water Resources Board has received two nominatinS-petitions for the establishment of a watershed district to be known as the Battle Creek Watershed District which would include land lying within the City of Lake Elmo, Washington County, Minnesota, and WHEREAS,the Minnesota Water Resources Board, pursuant to due notice, has set a hearing for Thursday June 13,1974 at 10:00a.m. for the purpose of reviewing testimony as to the establishment of said watershed district, and WHEREAS,the City Council of the -City of Lake Elmo is strongly and unanimously opposed to the establishing of the proposed watershed district for the following reasons, to -wit: l.Said petitions were submitted to the Water Resources Board without the knowledge or consent of or consultation with the City of Lake Elmo or apparently a large majority o-fthe-minicipalities lying within the proposed watershed district. 2.Said proposed watershed district includes a vast area extending over three counties, 17 municipalities and consisting of 86.8 sq.miles. 3.Said proposed watershed district includes at least four sep- arate and hydrologically defined watersheds, to -wit Battle Creek,Fish Creek, Phalen Lake and Beaver Lake; each with its own separate and independent water control problems. 4.The procedures set forth in Chapter 112 of Minnesota Statutes, The Minnesota Watershed Act, by definition,.provide the opportunity for affected communities to have a voice in the -fixing -of the bound- aries of a proposed watershed district,in determining the managers of said district, and in resolving water control problems; that by rea- son of the size and number of communities involved in the proposed Battle Creek Watershed District, the opportunity for local input into the organization, control and management of the proposed watershed is non-existant. 5.That because of the vast size and population of the proposed watershed district the procedures required by the Minnesota Watershed Act for the implementation of any project or improvement within the district would be largely unworkable, cumbersome and time consuming; likewise the procedure.de.termination of benefits and damages to each parcel affected by a proposed project would be largely unworkable, cumbersome and time consuming by reason of the vast area and popula- tion of the proposed district. R-74-17 6.That in order for a proposed watershed district to be effective all affected municipalities must endorse the creation of such a dis- trict, that to date only the City of St. Paul, the Ramsey County Board of Commissioners,and a small group of property owners have endorsed the proposeddistrict. Without the complete cooperation of the various units of government, the proposed watershed district will be unable to perform a useful function. 7.That under the present taxing procedures of the current Minnesota Watershed Act, individual communities would be generally assessed for improvements totally outside the boundaries of said community. 8.That the present water control problem of the present hydrolog- ically defined Battle Creek Watershed District, which includes only municipalities of Woodbury, Lake Elmo, Oakdale, Maplewood and St. Paul, are those of control of present conditions and not of planning so as to prevent future conditions; that said water control problems could best be resolved by either a Joint Powers Agreement or in the alternative a watershed district of said affected communities. NOW, THEREFORE BE IT RESOLVED between the City Council of the City of Lake Elmo, Washington County, Minnesota, that the Minnesota -Water Resources Board dismiss the nominating petition for the establishment of the Battle Creek Watershed District by reason of the above set .forth paragraphs 1 through 8, and by reason of the fact that -the proposed district is not in the interest of public health; in that it will not tend to improve the general sanitary conditions of the proposed district as a whole; that it is not in the interest of public welfare; in that it will not tend toimprove, benefit, or contribute to the safety or well-being of the general public or benefit its inhabitants of the City of Lake Elmo; and that it will not serve the purpose of the Minnesota Watershed Act. Passed by the City Council of the City of Lake Elmo this 4th day of June, 1974. Attest: �._ The motion for the adoption of the forgoing Resoluti,on:.was- seconded by member Francis Pott and upon a vote being taken all voted in favor thereof. R-74-18 VILLAGE OF LAKE ELMO WASHINGTON COUNTY MINNESOTA RESOLUTION APPROVING PETITION FOR CHARTER COMMISSION WHEREAS, certain residents of the Village of Lake Elmo have presented to the Village Council a petition addressed to the Washington County District Court asking for the appoint- ment of a Charter Commission; WHEREAS, it appears that the petition has been signed by more than the required number of Village residents; and WHEREAS, it appears that the purpose of the petitioners in seeking the appointment of a Charter Commission is to determine whether or not there would be benefits to the Village of Lake Elmo in having a home rule charter; NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Lake Elmo that said petition be and the same is hereby approved. BE IT FURTHER RESOLVED, that the Village Council, by a copy of this Resolution, indicates to the said Court that the Council has no objections to the request set forth in said petition. Adopted by the Village Council this 18th day of dune, 1974. 9 �r May and L. Eder, Mayor Attest: Donald Mehsikomer, Clerk R-74-19 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION EXPRESSING APPRECIATION AND COMMENDING PARK STUDY COMMITTEE WHEREAS, the voters of the City of Lake Elmo have recently approved the issuance of bonds for the purpose of financing park land acquisition; and WHEREAS, it appears that the land acquisition proposed by the Park Study Committee and approved by the voters is the re- sult of the unselfish work and dedication of the members of the Park Committee: NOW, THEREFORE, BE IT RESOLVED by the City Council that each and every member of the Park Study Committee - namely: David Morgan, Chairman, Donald Dau, Michael Johnson, Ruth Mary Logue, Jess Mottaz, Edmond Nielson, and Diane Trudeau be, and they are hereby, commended for their efforts in preparing the said plan and informing the voters of its provisions. IT IS FURTHER RESOLVED that the City Council by this resolu- tion, notes that without the generous contribution of time and talent by the above -named persons, it is unlikely that this major step toward the betterment of the City could have been made at this time. Adopted by the City Council this 18th day of June, 1974. Ma, and L. Eder, Mayor Attest; Donald `Meb.sikomer, City Clerk R-74-20 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION PROVIDING FOR PUBLIC SALE OF $179,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS OF 1974 BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota, as follows: 1. It is hereby found, determined and declared that this City should issue $179,000 General Obligation Street Improvement Bonds of 1974 to defray the expense of street improvements in the City. 2. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $179,000 General Obligation Street Improvement Bonds of 1974 of said City. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in Commer- cial West not less than ten days in advance of date of sale, as provided by law, which notice shall be in substantially the form attached as Exhibit "A". 4. Each and all of the terms and provisions of the fore- going form of notice are hereby adopted as the terms and condi- tions of said bonds and of the sale thereof. Adopted by the City Council this 18th day of June, 1974. A%� 2 / x r 4'e �� Mayna L. Eder, Mayor Attest: ,Donald Mehs'komer, City Clerk RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DESIGNATING 32nd STREET NORTH A ONE-WAY STREET WHEREAS, it appears that 32nd Street North between Klondike Avenue North and Lake Elmo Avenue North presents a traffic hazard, in that the street is exceptionally narrow; and WHEREAS, it appears that it would create an inconvenience for residents along said street if all parking thereon were pro- hibited; and WHEREAS, parking is already prohibited on the north side thereof: NOW, THEREFORE, BE IT RESOLVED that said 32nd Street North between Klondike Avenue North and Lake Elmo Avenue North shall be, and the same is, hereby, designated a one-way street so that traffic may proceed only from west to east thereon. BE IT FURTHER RESOLVED that appropriate signs be installed immediately so designating said street a one-way street from west to east and directing traffic accordingly. Adopted by the City Council of the City of Lake Elmo this 18th day of June, 1974. May', i rd L. Eder, Mayor r Attest: onald Me sikomer, City Clerk R-74-21 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING APPROVAL OF COMPREHENSIVE SEWER PLAN WHEREAS, the City Council of the City of Lake Elmo has heretofore submitted its Comprehensive Sewer Plan to the Metropolitan Sewer Board; and WHEREAS, this Council has by its resolution R-72-1: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby re -affirm its prior action and once more urge the Metropolitan Sewer Board to approve the Comprehensive Sewer Plan submitted by this City. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded forthwith to the Metropolitan Sewer Board. Adopted by the City Council this 2nd day of July, 1974. Maynard L. Eder, Mayor i Attest: Donald Mehsikomer, Clerk R-74-22 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PROPOSED ACQUISITION OF LANDS BY WASHINGTON COUNTY FOR A LAKE ELMO METRO- POLITAN PARK. WHEREAS, the City Council of the City of Lake Elmo and the governing bodies that preceded it have, for many years, advoca- ted the establishment of a metropolitan park in the City of Lake Elmo in that area which has for some time been designated for that purpose in the Regional Open Space Plans; and WHEREAS, the City Council of the City of Lake Elmo has reviewed the present request of Washington County for funds to acquire lands for that purpose; and WHEREAS, said City Council approved of the Washington County request: NOW, THEREFORE, BE IT RESOLVED: (1) That the City Council of the City of Lake Elmo hereby urges immediate approval of the Washington County request for funds by the Metropolitan Council and such other agencies as may be required by law to pass thereon, so that the acquisition of said lands may proceed forthwith. (2) That said plan meets with the approval of the City Council of the City of Lake Elmo; provided however the City Council on recommendation of its Planning Commission suggests the following changes: a. That the areas designated in the Washington County Acquisition Plan as 1 through 5 be included as a first priority acquisition. b. That the tract of land in the NE4 of Section 21 lying East of the plat of Tablyn Park and presently owned by the Top -Twenty, Inc. be included in the park lands as a first priority acquisition. C. That Tract 32 be excluded from the park lands. The foregoing changes are recommended in order to protect the natural amenities of the land included in the plan; to main- tain the continuity of the regional park plan and protect the shoreline of Eagle Point Lake; it is essential the Dayton -Hudson property be acquired under the first priority acquisition before the Dayton -Hudson development plan is submitted to the City of Lake Elmo; and the area east of existing flood plan as defined b District. It is a natural asset this area is already part of the Plan; and because Tract 32 along does not provide continuity to a completely developed residential the lake. Tablyn Park is a part of an y the Valley Branch Watershed to the park plan. Part of Village of Lake Elmo Park with east shore of Lake Elmo trail system and leads to a area on the north shore of Adopted by the City Council this 16th day of July, 1974. Mayna�d L. Eder, Mayor Attest: Donald Meh.�ikomer, Clerk R-74-23 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING BIDS ON SALE OF $179,000.00 GENERAL OBLIGATION STREET IMPROVEMENT BONDS OF 1974 AND PROVIDING FOR THE ISSUANCE 'THEREOF WHEREAS, On the 18th day of June, 1974, the City Clerk was directed by the City Council of the City of Fake Elmo to advertise for bids for purchase of $179,000.00 in general obligation street improvement bonds of 1974 to be issued by the City to defray the expense of street improvements; and WHEREAS, said advertisements were duly published, and bids have been received and opened, and the following bids appear to be in proper form: 1. Dain, Kalman & Quail Purchase price $176,064.40 Total interest cost 68,857.60 Net interest rate 6.3875% 2. First National Bank of St. Paul Purchase price $175,509.50 Total interest rate 68,170.50 Net interest cost 6.3237% 3, Piper, Jaffrey, Cronin & Marcotte Purchase price $175,509.50 Total interest cost 73,064.50 Net interest cost 6.777% 4. E. J. Prescott & Co. Purchase Price $175,600.00 Total interest cost 70,236.00 Net interest cost 6.5153% WHEREAS, it appears that the bid of the First National Bank of St. Paul offers the lowest net interest rate, and is therefore best: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of bake Elmo: 1. That the bid of the First National Bank of St. Paul for the purchase of $179,000.00 of general obligation street improvement bonds of 1974 as authorized to be issued by resolution of the said Council on June 18, 1974, be, and the same is hereby, accepted. 2. That the Mayor and Clerk are instructed to executed such bonds in accor- dance with such resolutions and to deliver the improvement bonds to said bidder, upon payment of the sum mentioned above. Adopted by the City Council this 16th day of July,1974. Attest: Mayna d L. Eder, Mayor Donald Mehsikomer, Clerk R-74-24 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION CANVASSING RETURNS OF ELECTION BE IT RESOLVED by the City Council of the City of Lake Elmo, that it is hereby found, determined and declared that the special election held in and for said City on June 11, 1974 was in all respects duly and legally called and held and the re- turns thereof have been duly canvassed, and the votes cast at said election for and against the following question were as follows: Votes YES 384 Votes NO 324 Spoiled or 0 Blank Votes Total Votes 708 and said proposition having received the approval of a majority of the votes cast hereon is hereby declared to have carried. Adopted by the City Council this 18th day of June, 1974. Maynarh Eder, Mayor Attest: Donald Mehsikbmer, Clerk Unnumbered RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION TO PROVIDE FOR GRADING IN PEBBLE PARK WHEREAS, certain plans heretofore approved by the City Council for the develop- ment of the City park known as "Pebble Park" require grading work to be done as a pre --requisite to further development in accordance with said plan; and WHEREAS, some of said grading can be done by Washington County at a substan- tially reduced cost to the City: NOW, THEREFORE, BE IT RESOLVED that the City forthwith engage Washington County to complete all of the grading the County is able to complete. BE IT FURTHER RESOLVED that upon completion by Washington County of all the grading it is able to do in Pebble Park, the City Engineer shall prepare a plan for completing the remaining grading work and propose the same to the Council so that the Council may authorize advertising of bids for completion of the work. Adopted by the City Council the 16th day of July, 1974. May and L. Eder, Mayor Attest: Donald Mehsikomer, Clerk R-74-25 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY,-MINNESOTA A RESOLUTION COMMENDING THOMAS E. TORSETH FOR SERVICE TO THE PLANNING COMMISSION WHEREAS, the City Council of the City of Lake Elmo has reluctantly accepted the resignation of Thomas E. Torseth from the Planning Commission;and WHEREAS, the said Council recognizes that the demands and circumstances beyond his control have made it impossible for him to serve longer in that capacity: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby commend said Thomas E. Torseth for his faithful and unselfish service to the people of this City as Planning Commissioner. BE IT FURTHER RESOLVED that the City Clerk forthwith deliver a copy of this resolution to said Thomas E. Torseth. Adopted by the City Council this 16th day of July, 1974. �- Maynard L Eder, Mayor Attest: Donald Mehsikomer, Clerk RESOLUTION R-74-26 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING PROPOSED ALLOCATIONS OF COSTS FOR THE BATTLE CREEK WATERSHED DRAINAGE AREA IMPROVEMENTS. WHEREAS, on or about the 8th day of March, 1972, the City of Lake Elmo entered into a joint and cooperative agreement for obtaining an overall plan to control flooding and development of the Battle Creek Drainage Area with the following governmental units, to -wit: City of St. Paul County of Ramsey City of Maplewood City of Oakdale City of Landfall, and City of Woodbury; and WHEREAS, said joint power parties have received a study prepared by E. A. Hickok and Associates regarding a plan to control flooding and flood damage within the Battle Creek Drainage Area; and WHEREAS, representatives of the said joint power parties have arrived at a tentative proposed agreement as to the allocations of costs for preliminary design studies and for implementation of a final plan of control subject to the approval of the governing bodies of said governmental units; and WHEREAS, it appears that unless said joint power parties are able to re- solve the problems of water control within the Battle Creek Drainage Area and agree to an allocation of costs for the implementation of said plans of control, that a new watershed district will be created; and WHEREAS, the City Council of the City of Lake Elmo is strongly and unanimous- ly opposed to the creation of a watershed district by reason of the fact that such a district is not in the interest of public health or public welfare of the City of Lake Elmo, and that the water control problems of the Battle Creek Drainage Area can best be resolved by means of a joint power agreement among the above - named communities, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. That the City of Lake Elmo hereby endorses and reaffirms the use and concept of a joint powers agreement to accomplish the control of flooding and flood damage within the Battle Creek Drainage Area. 2. That the City of Lake Elmo hereby agrees to pay 1.83% of the total costs of the preliminary design studies and for the implementation of final plans of control for the Battle Creek Watershed District; that it is the understanding of the City of Lake Elmo that the balance of the costs of participation will be allocated as follows: St. Paul 48% City of Maplewood 33% City of Oakdale 6.81% City of Landfall .39% City of Woodbury 9.97% 3. That the City of bake Elmo hereby reaffirms its opposition to the creation of a watershed district whether or not said district includes only that area within the Battle Creek Drainage Area or the larger area including lands in Anoka, Ramsey, and Washington Counties; that creation of said district is presently pending before the Minnesota Water Resource Board. 4. That it is the intent of the City of Lake Elmo to continue to provide maintenance and control of the Battle Creek Drainage Area insofar as said area lies within the City of Lake Elmo. 5. That the City of Lake Elmo reaffirms its intent to continue to work with and cooperate with the above named municipalities so as to accomplish satis- factory control of the quantity and quality of water in the Battle Creek Drainage Area by means of an ongoing joint power agreement. 6. That the City Clerk may be, and he hereby is, authorized to forward a copy of this resolution to the Washington County Board of Commissioners together with a letter from the City of Lake Elmo requesting the Washington County Board of Commissioners to state its opposition to the creation of a watershed district for the Battle Creek Drainage Area or for any other area, which would include lands within Washington County. Adopted by the City Council of the City of Lake Elmo this 6th day of August, 1974. ? 9 J M�Lnard Eder, Mayor Attest: Donald Mehsikomer City Clerk R-74-27 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENTS FOR BIDS FOR 1974 TENNIS COURT IMPROVEMENT PROJECT WHEREAS, pursuant to the direction of the City Council, the City Engineer has prepared plans and specifications for improvement of the City tennis courts, and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo: 1. That such plans and specifications, a copy of which is on file in the office of the City Clerk, be, and the same are hereby, approved. 2. The City Clerk shall prepare and cause to be inserted in the official news- paper and in such other publications as may be required by law an advertisement for bids on the making of such improvements pursuant to the plans and specifications as approved by this resolution. The advertisement shall be published as required by law and shall state that sealed bids will be received by the City until 2:00 P.M., Central Daylight Savings Time, on August 23, 1974, at which time said bids will be publicly opened and read aloud in the City Hall. Said bids shall be for the furnishing of all labor and materials and all else necessary for said project. Adopted by the City Council this nth day of August, 1974. Maynard L. Eder, Mayor Attest: ,Donald Meh .ikomer, Clerk R-74-28 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING CITY ATTORNEY TO NOTIFY SELLERS OF CITY INTENT TO EXERCISE OPTION TO PURCHASE PARK LAND WHEREAS, the City of Lake Elmo has heretofore entered into Option Agreements providing for the purchase of certain land for park purposes from the following named persons: SELLERS Lehart J. and Frances H. Friedrich Everett E. and Evelyn V. Beaubien Mervin and Mae Nippoldt Top Twenty, Inc. DATE OF OPTION AGREEMENT March 15, 1974 April 10, 1974 April 12, 1974 March 29, 1974 AND WHEREAS, the City of Lake Elmo held a Special Election on June 11, 1974, at which time the voters approved the issuance of general obligation bonds in the amount of $750,000.00 to provide in part for the purchase of the land subject to the above options; and WHEREAS, the City Council hereby finds and determines that it is in the best interest of the City to exercise said options: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Attorney be authorized and directed to notify each of the above -named sellers that the City of Lake Elmo shall, and does by such notice, exercise its op- tion to purchase the subject lands in accordance with the aforesaid option agreements. Adopted by unanimous vote of the City Council this 6th day of August, 1974. l Mayne d Eder, Mayor Attest: Donald Mehs�komer, Clerk R-74-29 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING THE APPLICATION OF DEAN AND AUDREY HEDBERG FOR A VARIANCE WHEREAS, the City Council of the City of Lake Elmo conducted a hearing on July 30, 1974 and August 20, 1974 for the purpose of re -hearing all testimony and other evidence offered for or against the application of Dean and Andrey Hedberg for a variance from the subdivision and zoning ordinances of the City for the pur- pose of building on the North Half of Tract A of Registered Land Survey No. 46, Washington County, Minnesota; and WHEREAS, the City Council has reviewed all pertinent City records relating thereto, and finds that: On January 13, 1970 the Town Board of the former Town of East Oakdale (now the City of Lake Elmo) denied the application of said Hed- bergs for the necessary variances and building permit in order to enable them to build on the North Half of said Tract A on the following grounds: 1. The North Half of Tract A did not meet the minimum acreage require- ments of the applicable Town ordinances. 2. The lot presented possibilities of drainage problems. 3. The 20-foot private driveway access to the property, at that time used by other property owners for access, was inadequate in size and, among other problems, would make it difficult at a future date to provide each dwelling with a point of connection to a public sewer lateral. 4. The division of Tract A was a subdivision within the meaning of existing Town ordinances; that hardship did not exist on the grounds that the Hedbergs and the former owners of the property were aware of the subdivision limitations prior to Hedbergs' purchase of the property. That the Hedbergs submitted the question of variance to the Town Planning Board on July 1969 and again in December 1969 through formal application and the Planning Board recommended against the requested variance on each occasion. 5. That the South Half of Tract A was subject to the same restrictions and that under the facts presented to the Town Board, granting a vari- ance would impair the purpose and intent of existing Town subdivision and zoning regulations. In 1973, the Hedbergs renewed their application for a variance from the pro- visions of the City subdivision and zoning ordinances in order to obtain a building permit to construct a dwelling on the same property. After a hearing before the City Planning Commission and the City Council, their application was denied by the City Council on September 6, 1973. Thereafter, as a result of a lawsuit initiated by the Hedbergs and in order to provide a complete and adequate record to the Court, the City Council and the Hedbergs agreed that the City Council should reconsider Hedbergs' application and conduct a full hearing on that application, so that all interested parties could be hear and so that a complete transcript of the evidence would be available to the Court. The City Council, having conducted such hearing, and having given full and complete consideration of all the evidence presented by the Hedbergs, the City staff, and other inter- ested parties, makes the following: FINDINGS OF FACT 1. On August 28, 1969, Otto and Thora Erickson, then owners of Tract A of Registered Land Survey No. 46, subdivided and sold the North Half thereof to the applicants, Dean and Audrey Hedberg, and the South Half thereof to William and Nancy Rowe. At the time of the sale, Mrs. Hedberg, a licensed real estate agent, was acting as agent for the Ericksons for the purpose of selling Tract A. At the time Hedbergs purchased the property, Mrs. Hedberg was aware that the North Half of Tract A could not be used for building purposes without a variance from the provisions of existing ordinances of the Town of East Oakdale. In fact, Mrs. Hedberg had appeared before the Town Board on August 12, 1969 (some two weeks before Hedbergs purchased the property) and was informed that a split of Tract A into two lots would not be approved unless public sewer and water were available. Abutting property owners had objected to the Town permitting the reduction of Tract A into lots of less than the one acre required by ordi- nance; they based their objection on fears of lake contamination and inadequacy of the existing access to the property. 2. A Certificate of Survey was prepared by LeRoy Winner for the applicant Audrey L. Hedberg on August 27, 1969. Mr. Winner calculated the lot size of the North Half of Tract A to be approximately 29,000 square feet (see copy of said Certificate and the copy of Mr. Winner's letter dated ). This computation, however, was made by the surveyor on the basis of his Certifi- cate of Survey dated August 27, 1969. That Certificate shows the water elevation to be 926.97 feet. If the computation were taken from the high flood mark of 930 feet, then the lot size would be still less than the 29,000 square feet. In any case, the size of the North Half of Tract A is substantially less than 43,560 square feet, or one acre. 3. Access to the North Half of said Tract A would be over a tract of land designated on said Certificate of Survey as Tract C. This is a strip of land 20 feet in width and is presented used by the owners of the South Half of Tract A (William and Nancy Rowe) and the owners of the other two tracts (Tracts B and D) of Registered Land Survey No. 46 for roadway purposes. 4. The North Half of Tract A, owned by the Hedbergs, is subject to an easement in favor of the owners of the South Half of Tract A for drainfield purposes; the easement for drainfield purposes will exist until such time as the public sewer is available. It appears that the drainfield (which was indi- cated on the Certificate of Survey included in the record) crosses, diagonally, a narrow portion of the North Half of Tract A; the Hedbergs would have to use a bridge system for their driveway in order to avoid putting a roadway over the drainfield. 5. The Hedbergs have had an individual sewage disposal system designed for their lot by Geotechnical Engineering Co. of St. Paul, Minnesota. The proposed system was described in a report dated July 6, 1973. This report has been re- viewed by the City Engineer, Otto Bonestroo, who indicated that the design of the individual sewage disposal system met all the requirements of state and local regulations applicable to such systems. However, the system, according to the testimony of Mr. Robert E. Pendergast, the Engineer who prepared the report, was designed only to meet the minimum requirements for a two -bedroom home. Moreover, the design was prepared on the assumption that the land available for the absorption system could be calculated from the level of 926.97 feet, which was the existing lake level on August 27, 1969 (the date of Mr. Winner's Certificate of Survey referred to above), while the level of 930 feet of ele- vation is the high flood mark on Lake DeMontreville. That is to say, it is the level at which water will flow out of Lake DeMontreville during periodic floods; the level of Lake DeMontreville is controlled by a wier which is set at the 930 level. The level of 930 feet has been used by this Council and its predecessor, the Town Board of East Oakdale, as the established high water level of Lake De- Montreville. If the calculation of the land available for soil absorption sys- tems is made from the 930 level, the City Engineer and the Engineer for the Hed- bergs agree that new porcolation tests would have to be made in order to deter- mine whether or not the system as designed by Geotechnical Engineering Co. could be located so as to meet the requirements of state and local health codes re- lating to individual sewage disposal systems. That is, the requirements of Ordinance No. 128 of the City of Lake Elmo, which ordinance adopts the Washington County Model Code for individual sewage disposal systems and the requirements of the Model Code promulgated by the Minnesota Health Department, which code was in effect in the Town of East Oakdale and the City of Lake Elmo prior to the enact- ment of Ordinance No. 128, and the City of Lake Elmo Ordinance No. 129, being the Shoreland Management Ordinance, adopted by this Council for the purpose of controlling lake pollution of Lake DeMontreville and other lakes within the City. 6. It is the specific finding of this Council that there has been a sub- stantial rise in the lake level of Lake DeMontreville and other lakes in the so- called Tri-Lakes Area during the years 1972 and 1973 and continuing to the present time, which represents increased hazards of pollution from the seepage or flooding of soil absorption systems constructed as part of individual sewage disposal systems. 7. Hedbergs cited a list of "variances" which they assert had been granted in favor of other applicants allowing variances to the subdivision and zoning ordinances of the City. A number of the "variances" referred to by the Hedbergs were prior to the effective dates of the ordinances - namely: May 2, 1968 - Effective date of Ordinance No. 34 of the former Town of East Oakdale, which ordinance was enacted January 8, 1968 and adopted the Washington County Model Zoning Code, with modifications. October 3, Effective date of Ordinance No. 37 of the former Town 1968 - of East Oakdale, which ordinance was enacted September 12, 1968 and adopted the Washington County Model Sub- division Code with modificiaticns. Other of the so-called "variances" represent building permits issued with respect to particular tracts of land, some of which required and resulted in variances being granted by this Council or its predecessor. Each of those variances in- volved a different tract of land, and different circumstances. For example, in 1969 a variance and a building permit were issued on the "Ziton-Lane parcel" as indicated by Hedbergs; however, this parcel of land was a tract existing prior to the effective date of the two ordinances cited above, and was a separate parcel as opposed to the Hedberg lot which was subdivided and separated from a conforming parcel after the effective date of the ordinance. This Council finds that each of the other cases cited by the Hedbergs is unlike this case, and distinguishable. Moreover, this Council finds that there are other cases of application for a vari- ance similar to the Hedbergs' application where this Council has denied the vari- ance and the permit. NOW, THEREFORE, BE IT RESOLVED, that the application of the Hedbergs for a variance from the provisions of subdivision and zoning ordinances of the City of Lake Elmo and a building permit for the purpose of constructing a residential dwelling on the North Half of said Tract A as proposed in their application herein, be and the same is hereby denied, for the following reasons: Under the provisions of Section 12 of the Model Subdivision Code adopted by Ordinance No. 37 of the former Town of East Oakdale and effective October 3, 1966 as aforesaid, this Council may grant a variance in any particular case where "by reason of exceptional topography and other physical conditions, strict com- pliance" with the provisions of the subdivision ordinance would "cause an excep- tional and undue hardship on the enjoyment of a substantial property right, pro- vided such relief may be granted without detriment to the public welfare and without impairing the intent and purpose" of the subdivision ordinance. Section 5.04 of the Model Zoning Ordinance adopted by Ordinance No. 34 of the former Town of East Oakdale and effective May 2, 1968 provides that this Coun- cil may grant a variance "if it finds that a hardship has been created by the shape or condition of the parcel in question; granting the variance is necessary to reasonable use of the land and granting the variance will not adversely affect the existing or potential use of adjacent land." In this case, this Council can- not help but conclude on the above facts, that to grant a variance to the Hedbergs and permit them to build on the above lot, would adversely affect the potential use of adjacent land by creating a substantial risk of pollution of the adjacent pub- lic waters by reason of the fact that an adequate sewer system cannot be construc- ted on the North Half of said Tract A. It appears to this Council that while the sewer system designed by the Hedbergs' engineers might be sufficient in another location, it is not adequate here because, as the testimony of the engineers in- dicates, there is serious doubt whether the system as designed can be located in this particular lot. In any case, percolation tests would be necessary to deter- mine whether the minimum standards of soil absorption could be met by this particu- lar system on this particular lot. In any case, the system designed for the Hed- bergs is admittedly a minimal system for a two -bedroom house. This Council is of the opinion that it would be negligent and irresponsible in terms of public interest to approve a minimal system for a two -bedroom house, when in all likelihood the house would ultimately be modified or converted to a greater number of bedrooms and, thus, overload the system. In any case, the evidence offered by the Hedbergs does not satisfy the fears of this Council that the system they have proposed can in fact be located so as to function properly on their lot. In addition to these fears with respect to the proposed sewage disposal system, it is the opinion of this Council that the present access to the property already used by three residential properties is inadequate and unsafe in that it is not public property and therefore not available for the extention of municipal sewer or water services if and when such services are available in the general area and, moreover, because of the narrow roadway constructed on the 20-foot easement and the difficulty of maintaining and plowing a narrow private easement such as this, it is difficult to provide adequate fire protection for there is difficulty in maneuvering the necessary fire equipment into these lots. This would be parti- cularly so if it is necessary for a bridge to be constructed on this driveway at the narrow point of said Ncrth Half of Tract A so as to go over the soil absorp- tion systems located on Tract A for the purpose of serving the adjacent property owned by William and Nancy Rowe. The house proposed to be constructed by the Hedbergs would be without adequate fire protection for those reasons, and would remain a problem for the City and future owners long after these applicants may have left the property. For these reasons, this Council cannot find as required by Section 12D of the Model subdivision Ordinance that the permit requested by the Hedbergs could be granted "without detriment to the public welfare and with- out impairing the intent and purpose of these regulations". The purpose of the subdivision regulations is clearly to avoid inadequate size lots with inadequate access. Finally, this Council does not find that there is any "undue hardship on enjoyment of a substantial property right" as required by Section 12D of the Subdivision ordinance relating to the granting of a variance, for the record in this case shows quite clearly that the Hedbergs had actual notice of the inade- quacies relating to this lot. Mrs. Hedberg was and is a licensed real estate saleswoman, and as such, should have known of the difficulties relating to this lot. In any case, she was informed at least two weeks before the purchase of the lot that the governing body at that time was not inclined to grant a variance over the objections of neighboring property owners for the reasons described above. It is the opinion of this Council that where, as here, there are substantial risks to the health and safety of the public, a variance such as that requested here cannot be granted and most certainly a variance cannot be granted where the applicant actively participated in creating the hardship, voluntarily assumed a position of alleged economic hardship and then asserted the need for a variance to prefent economic injury. And, in the final analysis, this Council is of the opinion that there will be no permanent economic loss to the Hedbergs as a result of the present inability to use the North Half of Tract A, for at such time as public sewer and water are available to this lot, the circumstances requiring the denial of a vari- ance at this time will have changed substantially, and it is very likely that the Hedbergs would be able to obtain a building permit for the lot. Assuming access and drainage problems could be solved also, the lot would meet the present standards of the City of Lake Elmo. For in such case, the sewage disposal system would no longer be a problem, and it would not be necessary to build a bridge on the narrow roadway to avoid going over the soil absorption system serving the neighboring property. Mrs. Hedberg indicated that she and her husband purchased this property partially to aid in a sale she had secured for the house and lot on the South Half of Tract A; she no doubt earned a substantial real estate commission as a result of this sale; she and her husband bought this lot knowing they might have to wait until public utilities were available to use it, and now should not expect this Council to grant a permit to build on the lot at substantial risk to the health, safety and welfare of the public in order to provide an immediate economic gain to the Hedbergs. In balancing the interest of the Hedbergs on one hand, and the public interest on the other, the Council is of the opinion that it must consider the reasons for the City subdivision and zoning ordinances. That is, to provide for orderly and safe development of those portions of the City not yet served by public utilities and to maintain a limited density in terms of land use sufficient to prevent pollution of ground and surface water until such time as the Metro- politan Sewer Board and other agencies having jurisdiction make it possible for this City to provide sewer service where needed, and until the capital a- vailable to this City for such purposes is sufficient to provide those services. Moreover, an incidental purpose of these ordinances is to provide a quality of design in roads and other subdivision elements which will permit adequate traf- fic flow for private and public vehicles. If, in a situation such as this, an individual seeking economic gain could knowingly create non --conforming lots, take title to the lots, and then plead hardship relating to the land, judgment of the elected officials of this City as embodied in its land use regulations, could be subverted at any time and rendered meaningless. Adopted by the City Council of the City of Lake Elmo on the third day of September, 1974. X 41. td-t-11-1 Maynard',der, Mayor l Attest: Donald Mehsikomer City Clerk R-74-30 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING BRUCE A. FOLZ FOR SERVICE TO THE PLANNING COMMISSION WHEREAS, the City Council of the City of Lake Elmo has reluctantly accepted the resignation of Bruce A. Folz from the Planning Commission; and WHEREAS, the said Council recognizes that the demands and circumstances beyond his control have made it impossible for him to serve longer in that capacity: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby commend said Bruce A. Folz for his faithful and unselfish service to the people of this City as Planning Commissioner. BE IT FURTHER RESOLVED that the City Clerk forthwith deliver a copy of this resolution to said Bruce A. Folz. Adopted by the City Council this 17th day of September, 1974. Maynard Eder, Mayor Attest: Donald M6hsilkomer, F'Clerk R-74-31 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING 25 MPH SPEED LIMIT ON 32ND STREET NORTH WHEREAS, the City Council of the City of Lake Elmo has determined that there are special conditions and hazards on 32nd Street North (formerly North Shore Drive) requiring a lower speed limit in order to insure the safe passage of automobile traffic; and WHEREAS, the City Council, with the aid of its Engineer and the Minnesota State Highway Department, has determined that the speed of 25 miles per hour would be a safe and reasonable speed on said street: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the speed limit on 32nd Street North (formerly North Shore Drive) shall be, and the same is, established at 25 miles per hour. BE IT FURTHER RESOLVED that the City install appropriate traffic control signs for purposes of implementing the 25 mile per hour speed limit on said street as soon as is reasonably practical. Adopted by the City Council this first day of October, 1974. Maynarl L. Eder, Mayor Attest: bonald Meh4komer, Clerk R-74-32 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING ACQUISITION OF WHITMAN PARCEL FOR PARK PURPOSES BY MEANS OF EMINENT DOMAIN PROCEEDINGS WHEREAS, the City Council of the City of Lake Elmo has heretofore determined that it is necessary, advisable and in the public interest to establish certain parks within the City including the so--called'Sunfish Lake Park"; and WHEREAS, in order to accomplish such purposes it is necessary to acquire the following described land, namely: The Southwest Quarter of the Northeast Quarter of the Northwest Quarter (SW 1/4 of NE 1/4 of NW 1/4) of Section Fourteen (14), Township Twenty-nine (29) North, Range Twenty-one (21) West, Washington County Minnesota (containing ten (10) acres, more or less). owned by Edward G. Whitman and LaVerne D. Whitman, husband and wife; and the City has offered to purchase such land from said owners at a price deemed by the Council to be favorable but the owners have refused to accept such offer; and WHEREAS, by reason of such refusal to sellthe lands above described to the City, it has become necessary to procure such lands by right of eminent domain: NOW, THEREFORE, BE IT RESOLVED, that the City of Lake Elmo proceed to procure title to such land under its right of eminent domain and that the City Attorneys be and are hereby authorized and directed to file the necessary petition therefor and to prose- cute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or by the Court; that the City Attorneys, 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 City Council this 1st day of October, 1974. Mayn rd Eder, Mayor Attest: Donald M hsikomer, Clerk R-74-33 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING V.F.W. POST 5725 WHEREAS, the Take Elmo Veterans of Foreign Wars Post No. 5725 and its Auxiliary has achieved national recognition for its dedication to community service projects in that said post has been awarded fourth place recognition among all Veterans of Foreign Wars Posts in towns and communities throughout the nation having a population of 5,000 or less as a result of said post having completed 161 community service projects during the 1973-74 award years; and WHEREAS, said post, by completion of those community service projects, ranked first in the State of Minnesota in the same category; and WHEREAS, said post is the smallest in membership of any post in the entire na- tion to win such honors: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does by this Resolution applaud and commend Veterans of Foreign Wars Post No. 5725 and its Auxiliary for the honor it has properly received for the great service it has given to this community. BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Commander of Post 5725 by the Mayor, together with this Council's congratulations and best wishes, on or before Veterans' Day - November 11, 1974. Adopted by the City Council this 29th day of October, 1974. t- May rd Eder, Mayor Attest: Donald Mehsiko @r, Clerk R-74-34 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION PROVIDING FOR PUBLIC SALE OF $739,000.00 GENERAL OBLIGATION PARK BONDS WHEREAS, the City Council of the City of Lake Elmo was authorized by a Special Election held June 11, 1974, to issue $750,000.00 General Improvement Park Bonds for the purpose of acquiring park lands and the development thereof; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. It is hereby found, determined and declared that this City should issue General Obligation Park Bonds in the amount of $739,000.00 to defray the cost of acquiring certain park lands during the year 1974 all as authorized by the Special Election held June 11, 1974. 2. That this Council shall meet at the time and place specified in the form of a Notice attached hereto for the purpose of opening and considering sealed bids for, and awarding the sale of $739,000.00 General Obligation Park Bonds of said City. 3. That the City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to he published in the official news- paper of the City and in Commercial West not less than ten (10) days in advance of the sale, as provided by law, which Notice shall be substantially in the form attached as Exhibit "A". 4. Each and all of the terms and provisions of the said foregoing form of Notice are hereby adopted as terms and conditions of said Bonds and the sale thereof. Adopted by the City Council this 19th day of November, 1974. Maynard. . Eder, Mayor Attest: Donald Mehsikomer, City Clerk NOTICE OF BOND SALE $739,000 GENERAL OBLIGATION PARK BONDS OF 1974 CITY OF LAKE EL 40 WASt II NGTON COUNTY MINNESOTA NOT = HEREBY GIVEN that these bonds will be offered for sale according to the )I , :wing terms: TIM` 1N' PLACE: Wednesday, December 11, 1974, at 7:00 o'clock P.M., C.S.T. at the City Hall in Lake Elmo, Minnesota. "YP! )F ;0NDS: Negotiable coupon general obligation bonds, $1,000 or $5,000 denominations at the option of the bidder, except that bonds numbered 1 to 4, both inclusive, shall be in the denominations of $1,000 each. '-"Tt ,F- ANDS: December 1, 1974. Acquisition and betterment of park facilities in the City. 'JTf 5T `"IYMENTS: December 1, 1975, and semiannually thereafter on June 1 and December 1. P Fir11: December 1 in each of the years and amounts as follows: 1977 $14,000 1978 $20,000 1979-1980 %30,000 1981-1984 $40,000 1985-1987 $45,000 1988-1994 $50,000 All dates are inclusive. RE! TI{ At the option of the issuer, bonds maturing on or after December 1, 1985 shall be subject to prior payment, in inverse order of serial numbers, on December 1, 1984 and any interest payment date thereafter, at a price of par and accrued interest plus a premium of to of par. Page 1 of Exhibit "A" TYING AGENT: SIP NUMBERS: 1-r CRY: Bidder's discretion. The bonds will be printed without CUSIP numbers unless requested by the purchaser who must agree in the Offer for the Bonds to pay all costs and expenses thereof including printing and CUSIP Service Bureau charges. Any failure to print such numbers or errors in printing shall not be cause for failure or refusal of the.purchaser to accept delivery of the payment for the bonds in accordance with the purchase contract. The purchaser shall waive any extension in delivery time due to use of the numbers and shall accept all responsibility in connection with use of CUSIP numbers. Forty days after award subject to approving legal opinion of Messrs. Briggs and Morgan, Professional Association, of St. Paul, Minnesota. Bond printing and legal opinion will be paid by issuer and delivery will be any where in the continental [United States with cost to the purchaser. Legai opinion will be printed on the bonds at the request of the successful bidder. OF BID: Sealed bids of not less than $725,000 and accrued interest on the principal sum of $739,000 from date of bonds to date of delivery must be filed with the undersigned prior to the time of sale. Bids must be unconditional except as to legality. A certified or cashier's check in the amount of $14,780.00, payable to the order of the Treasurer of the issuer must accompany each bid, to be forfeited as liquidated damages if bidder fails to comply with accepted bid. Bids for the bonds should be addressed to: Mr. Donald Mehsikomer City Clerk City hall Lake Elmo, Minnesota S5042 Page 2 of Exhibit "A" Fs- S All rates must be in integral multiples of 1/20th of to and may not exceed 70 per annum. Additional interest coupons may not be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be loader than the highest rate applicable to bonds of any preceding maturities. No limitation is placed upon the number of rates which may be used. Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. The net effective average rate of the issue may not exceed 7°. per annum. Issuer reserves the right to reject any and all bids, to waive informalities '-o adjourn the sale. ti ,l information he --•btained from: d loODY , P C . E,, Seventh Street P;! Minnesota 55101 T)h :e Number 612/224-9661 BY ORDER OF THE CITY COUNCIL /s/ Donald Mehsikoner City Clerk Page 3 of Exhibit "A" R-74-3� RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ENDORSING CITIZENS' PETITION REGARDING "TRACT 32" OF LAKE ELMO REGIONAL PARK WHEREAS, the City Council of the City of Lake Elmo previously passed a resolution urging that the so-called "Tract 32" be left out of the Lake Elmo Regional Park Plan; and WHEREAS, the Washington County Board of County Commissioners has previously passed a Resolution to the same effect; and WHEREAS, it appears that there is some doubt as to whether the plarr. of Washington County for the Lake Elmo Regional Park have been appropriately modified to reflect the deletion of said "Tract 32"; and WHEREAS, a petition of concerned citizens (a copy of which is attached to this Resolution) indicates their desire to remove any uncertainty as to the status of said "Tract 32" with respect to the Washington County plans for acquisition of the Lake Elmo Regional Park; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Council hereby generally approves and endorses the attached petition and urges the Washington County Board of Commissioners to take such action as is necessary to accomplish the goal of that petition - namely, to effectuate an immediate and unequivocal amendment to the County plans with respect to the acquisition of the Lake Elmo Regional Park deleting said "Tract 32" therefrom and, thereupon, adopting a policy of adherence to the plan as amended. BE IT FURTHER RESOLVED that this Council hereby memorialize its continuing and long standing support of the Washington County Board of County Commissioners in establishing a park of regional significance in the City of Lake Elmo and its concern that any future misunderstanding which may dampen local enthusiasm for this park be avoided by strict adherence to the plans for the acquisition of such park as approved by this Council and the Board of County Commissioners,with special attention to the boundaries established by that approval. Adopted by the City Council this 19th day of November, 1974. Attest: oj- Donald Meh ikomer, Clerk MaynrdHder, Mayor RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING COMMISSIONER A. B. SCHAEFER, SR. FOR OUTSTANDING SERVICES AS COUNTY COMMISSIONER WHEREAS, A. B. Schaefer, Sr, has served Washington County for many years as County Commissioner from the District including the City of Lake Elmo; and WHEREAS, Commissioner Schaefer's faithful and dedicated service to Wash- ington County has been marked by a concern for the problems of this munici- pality in co-operation with its governing body: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that Commissioner A. B. Schaefer, Sr. be, and he is hereby commended for hisoutstanding and faithful service to this community as Washington County Commissioner. BE IT FURTHER RESOLVED, that the City Clerk be,and he is hereby, authorized and directed to record this Resolution in the official records of the proceedings of said City and to deliver a certified copy thereof to A. B. Schaefer, Sr. Adopted by the City Council this 17th day of December, 1974. MaynaXd Eder, Mayor Attest: Donald Mehsik mer, Clerk R-74-37 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING CALVIN J. BROOKMAN FOR SERVICE TO THE CITY WHEREAS, Calvin J. Brookman has rendered many past services to the City of Lake Elmo; and WHEREAS, said Calvin J. Brookman most recently has contributed his time and services to the City by generously accepting appointment to the City Council for the purpose of completing the term vacated on the resignation of Robert Watson; and WHEREAS, said Calvin J. Brookman will now be leaving office on the comple- tion of that term; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that Calvin J. Brookman be and he is hereby commended for once again giving of his time and energy for the benefit of this City. BE IT FURTHER RESOLVED, that the City Clerk be, and he hereby is authorized and directed to record this Resolution in the official records of the proceedings of said City and to deliver a certified copy thereof to Calvin J. Brookman. Adopted by the City Council this 17th day of December, 1974. MaY7 lard Eder, Mayor Attest: Donald Mehsi Omer, Clerk R-74-38 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING OFFICER NEVILLE FOR OUTSTANDING SERVICE AS POLICE OFFICER FOR CITY WHEREAS, Richard Neville has served the Village of Lake Elmo as its police officer for the last three years; and WHEREAS, Officer Neville is now being assigned to other duties within the Washington County Sheriff's Department: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that Officer Neville be, and he is hereby, commended for his outstanding and dedicated service to this community as its Police Officer. This Council has noted Officer Neville's dedication to the per- formance of his duties stems from sincere concern for the preservation of individual rights and privileges and the protection of the public and results in an outstanding performance in his police work. BE IT FURTHER RESOLVED that the City Clerk be, and he hereby is authorized and directed to record this Resolution in the official records of the proceedings of said City and to deliver a certified copy thereof to Richard Neville. Adopted by the City Council this 17th day of December, 1974. Maynard Eder, Mayor ,Attest: Donald Mehsikomer, Clerk R-74-39 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING BIDS ON SALE OF $739,000.00 GENERAL OBLIGATION PARK BONDS AND PROVIDING FOR THE ISSUANCE THEREOF WHEREAS, on the 19th day of November, 1974, the City Clerk was directed by the City Council of the City of Lake Elmo to advertise for bids for the purchase of $739,000.00 in General Obligation Park Bonds as authorized by the Special Election held June 11, 1974. WHEREAS, said advertisements were duly published and bids were received and opened, and the following bids appeared to be in proper form: Bidder Purchase Price Interest Interest BancNorthwest $725,000.00 $645,345.00 6.8785 The First National Bank of St. Paul 725,000.00 637,115.00 6.79082 Piper, Jaffrey & Hopwood 725,000.00 656,457.50 6.9970 WHEREAS, it appears that The First National Bank of St. Paul offers the lowest net interest rate, and it is therefore the best: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo: 1. That the bid of The First National Bank of St. Paul for the purchase of $739,000.00 of General Obligation Park Bonds as authorized by the Special Election of June 11, 1974, be, and the same is, hereby accepted. 2. That the Mayor and Clerk are instructed to execute such bonds in accordance with such Resolutions and to deliver Improvement Bonds to said bidder, upon payment of the sum mentioned above. Adopted by the City Council this llth day of December, 1974. Attest: Donald Mehsikomer, City Clerk Maynard L. Eder, Mayor