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HomeMy WebLinkAbout1976 ResolutionsRESOLUTION 7-976 R- 76-1 A RESOLUTION REFERRING TO GREEN ACRES COIN OPERATED AMUSMCNT MACHINES R-76-2 A RESOLUTION ORDERING REPORT ON POTENTIAL DAMAGE R--76-3 A RESOLUTION PROVIDING CONTINUING AUTHORITY FOR REFUNDING PARK BONDS OF 474 R-76-4 A RESOLUTION RECIEVING RECOMMENDED COMPREHENSIVE PLAN PROVISION FROM THE CITY PLANNING COMMISSION AND FORWARDING SAME TO METROPOLITAN COUNC&I R-76-6 A RESOLUTION ESTABLISHING FEES FOR SPECIAL USE PERMITS R-76-7 A RESOLUTION APPROVING APPLICATION OF WALTER J, EBERTZ FOR REZONING L76-7 A RESOLUTION APPROVING TI-]E APPLICATION OF ALLIED PROPERTIES , INC FOR REZONING R-76-9 A RESOLUTION RECIEVING ENGINEER'S PRELIMINARY REPORT AND CALLING FOR A PUBLIC BEARING ON SURFACE WATER CONTROL PROJECT LL ( 1976) R-76-'O A RESOLUTION AUTHORIZING FILING ON APPLICATION FOR GRANT TO ACQUIRE AND DEVELOP":OPEN SPACE UNDER THE PROVISIONS OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT ANF THE STATE NATURAL RESOURCES FUND R176-1i RESOLUTION ORDERING IMPROVEMENTS - SURFACE WATER CONTROL PROJECT LL (1976) R-76-12 A RESOLUTION RELATING TO PLANNING FOR TEMPORARY AND 'PERMANENT FLOOD WATER CONTROL IN THE CITY OF LAKE ELMO R•-76-13 A RESOLUTION REQUESTING APPROVAL OF COMPREHENSIVE SEWER PLAN BY METROPOLITAN WASTE CONTROL COMMISSION R-76--A A RESOLUTION ACCEPTING BIDS FOR SALE IN ADVANCE REFUNDING OF 1974 GENERAL OBLIGATION PARK BOND ISSUE R-76-15 A RESOLUTION APPROVING SALE OF .11 ACRE TRACT LAND TO LAKE ELMO HARDWARE LUMBER COMPANY R-76-16 A RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLLS WITH RESPECT TO SURFACE WATER CONTROL RROJECT I AND ORDERING THEREON R-76-'6a A RESOLUTION ESTABLISHING TWO ELECTION PREINCTS FOR TH-L+ CITY OF LAKE ELMO R-76-7 A RESOLUTION PERTAINING TO THE ASEESSEMENT OF FLOOD DAMAGE LANDS R-76-18 A RESOLUTION ADOPTING A REVISED COMPREHENSI'VE PLAN FOR THE CITY OF LAKE ELMO&STABLISHING THE SAID PLAN AS THE PRINICIPAL EXPRESSION OFMUNICIPAL POLICIES IN GUIDING THE PHYSICAL DEVELOPMENT ON THE CITY, AND PROVIDING REVIEW THEREOF R-76-18 A RESOLUTION APPROVING MINOR SUDDIVISION APPLICATION OF RONALD BIRD (( R-76-19 A RESOLUTION AUTHORIZING REQUEST TO DNR TRANSFER PUMPING PERMIT TO WATERSHED DISTRICT R076-19a A RESOLUTION GRANTING APPLICATION OF CARL, OLINGER FOR MINOR SUB- DIVISION APPROVAL R-76-20. A RESOLUTION APPROVAL APPLICATION OF JOSEPH F. MORIS, JR., ET AL, RESOLUTION 0 976 R-76-21 A RESOLUTION APPROVING SEWER USER CHARGE SYSTEM FOR THE CITY OF LAKE ELMO R-76-22 A RESOLUTION ACCEPTING BID FOR 1976 SEAL COAT PROJECT R-76-23 A RESOLUTION ESTABLISHING PLACES FOR ELECTION PRECINCTS IN THE CITY OF LAKE ELMO 1-76-24 A RESOLUTION ADOPTING AN ASSESSMENT FOR SURFACE WATER CONTROL PROJECT I R-76-26 A RESOLUTION APPROVING APPLICATION OF ALLIED PROPERTIES, INC. FOR APPROVAL OF THE PLAT OF DEMONTREVILLE HIGHLANDS R--76-27 A RESOLUTION AUTHORIZING THE ACQUISITION OF TAXFORFEIT LAND PARK PURPOSES R-76-28 A RESOLUTION ESTABLISHING THREE WAY STOP AT JAMELY AND T ST STREET NORTH R-76-29 A RESOLUTION DIRECTED TO THE WASHINGTON COUNTY BOARD OF COMMISSIONERS RELATING TO LAKE ELMO METROPOLITAN PARK R-76-30 A RESOLUTION REAFFIRMING CONTINUING SUPPORT FOR LOCATION OF I_94 ON THE SO-CALLED"NORTHERN ROUPEY AND URGING IMMEDIATE COMPLETION THEREOF R-76-31 A RESOLUTION RELATING TO METROPOLITAN COUNCIL REVIEW OF WASHINGTON COUNTY PHASE II WAVE WATER DISPOSAL STUDY R_76-32 A RESOLUTION ADOPTED BUDGET FOR 1077 AND LEVYING TAXES FOR THE YEAR 1977 R-76-33 A RESOLUTION APPROVING CONSRTUCTION OF SKI TRAILS R-76-34 A RESOLUTION ACCEPTING BIDS ON PEBBLE PARK TENNIS COURTS R-76-35 RESOLUTION DESIGNATING PAYING AGENT R-76-36 A RESOLUTION APPROVING REGISTERED LAND SURVEY FOR CROMBIE's ALLIED PROPERTIES, INC. LAND R-76-37 A RESOLUTION URGING REAPPOINTMENT OF CALVIN J. BROOKMAN TO THE METROPOLITAN WASTE CONTROL COMMISSION R-76-38 A RESOLUTION URGING REAPPOINTMENT OF OPAL PETERSEN TO THE METROPOLITAN COUNCIL R-70-40 A RESOLUTION VACATING CERTAIN PUBLIC EASEMENTS IN LANE'S DEMONTREVILLE COUNTRY CLUB ADDITION (MCCOLLAR PETITION) R-76-1 re Green Acres, Inc. permit to install coin -operated amusement machines R-76-2 Resolution Ordering Report on Potential Flood Damage R-76-3 A resolution providing continuing authority for refunding park bonds of 1974 R-76-4 Resolution Receiving Recommended Comprehensive Plan Provision from the City Planning Commission and Forwarding Same to Metropolitan Council R-76-5 Skipped R-76-6 Resolution Approving Application of Walter J. Ebertz for Rezoning R-76-7 Resolution Establishing Fees for Special Use Permits R-76-8 Skipped R-76-9 Resolution Receiving Engineer's Preliminary Report and Calling for a Public Hearing on Surface Water Control Project II (1976) R-76-10 Resolution Authorizing Filing of Application for Grant to Acquire and Develop Open Space Under the Provisions of the Federal Land and Water Conservation Fund Act and the State Natural Resources Fund R-76-10(A) Resolution Authorizing and Directing Mayor to File Five -Year Park Action Program R-76-11 Resolution Ordering Improvements - Surface Water Control Project II (1976) R-76-12 Resolution Relating to Planning for Temporary and Permanent Flood Water Control in the City of Lake Elmo R-76-13 Resolution Requesting Approval of Comprehensive Sewer Plan by Metropolitan Waste Control Commission R-76-14 Resolution Accepting Bids for Sale in Advance Refunding of 1974 General Obligation Park Bond Issue R-76-15 Resolution Approving Sale of .11 Acre Tract of Land to Lake Elmo Hardwood Lumber) R-76-16 Resolution Ordering Preparation of Assessment Rolls with Respect to Surface Water Control Project I and Ordering Hearing Thereon R-76-16(a) Resolution Establishing Two Election Precincts for the City of Lake Elmo R-76-17 Resolution Pertaining to the Assessment of Flood Damaged Lands R-76-18 Resolution Adopting a Revised Comprehensive Plan for the City of Lake Elmo; Establishing the said Plan as the Principal Expression of Municipal Policies in Guiding the Physical Development of the City, and Providing for Periodic Review Thereof R-76-18(A) Resolution Approving Minor Subdivision Application of Ronald Bird R-76-19 Resolution Authori a_ng Request to DNR to Transfer Pumping Permit to Watershed District R-76-19(A) Resolution Granting Application of Carl Olinger for Minor Subdivision Approval R-76-20 Resolution Approving Application of Joseph F. Moris, Jr., at al for Subdivision Approval R-76-21 Resolution Approving Sewer User Charge System for the City of Lake Elmo R-76-22 Resolution Accepting Bid for 1976 Seal Coat Project R-76-23 Resolution Establishing Polling Places for Election Precincts in the City of Lake Elmo R-76-24 Resolution Adopting an Assessment for Surface Water Control Project I R-76-25 Not used R-76-26 Resolution Approving Application of Allied Properties, Inc. for Approval of the Plat of DeMontreville Highlands R-76-27 Resolution Authorizing the Acquisition of Tax -Forfeit Land for Park Purposes R-76-28 Resolution Establishing Three -Way Stop at Jamley and 31st Street North R-76-29 Resolution Directed to the Washington County Board of Commis§ioners Relating to Lake Elmo Metropolitan Park R-76-30 Resolution Reaffirming Continuing Support for Location of I-94 on the So-called "Northern Route" and Urging Immediate Completion Thereof R-76-31 Resolution Relating to Metropolitan Council Review of Washington County Phase II Waste Water Disposal Study R-76-32 Resolution Adopting Budget for 1977 and Levying Taxes for the year 1977 R-76-33 Resolution Approving Construction of Ski Trails R-76-34 Resolution Accepting Bids on Pebble Park Tennis Courts R-76-35 Resolution designating paying agent R-76-36 Resolution approving Reg. Land Survey for Crombie's-Allied Properties, Inc. Land R-76-37 Resolution urging re -appointment of Brockman to MWCC. R-76-38 Resolution urging re -appointment of Opal Peterson to MC. R-76-39 Not used R-76-40 Resolution Vacating Certain Public Easements in Lane's DeMontreville Country Club Addition (McCollar Petition) R-76-1 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA WHEREAS, Green Acres, Inc., as owner and manager, has made application for a permit to install coin -operated amusement machines in the chalet at the Green Acres Recreation area located at 8709 DeMontreville Trail North, Lake Elmo, Minnesota; and WHEREAS, a Special Use Permit is required for the operation of commercial - recreational facilities and Green Acres, Inc. has heretofore secured such a permit but that permit did not include the installation of coin -operated amusement machines; and WHEREAS, this Council hereby determines that the installation of the proposed machines may constitute a substantial change in the recreational use now permitted at such location under the said Special Use Permit: NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Clerk to issue a license for the installation of coin -operated amusement machines at the Green Acres Recreational Area but reserves the right to suspend the operation of such machines on such premises and require the said owner and operator to apply for an amended Special Use Permit if the installation of said machines substantially alters the present commercial -recreational use so as to require an amended Special Use Permit within the applicable provisions of the City zoning ordinance. BE IT FURTHER RESOLVED, that the acceptance of the license and installation of the coin -operated amusement machines on said premises by said owner constitutes a consent to the conditions of this Resolution and an agreement to apply for an amended Special Use Permit and be bound by the decision of this Council in the event the Council determines that an amended Special Use Permit for the operation of coin --operated amusement machines at the Green Acres facility should be required to continue the operation of such machines. Adopted by the City Council this 6th day of January, 1976. Mayn d L. Eder, Mayor Attest: Donald Mehsi omer, Clerk R-76-2 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING REPORT ON PO`PENTIAL FLOOD DAMAGE WHEREASrorthe the City Council of the City of Lake Elmo has prior to the date hereof made /app ication to the Minnesota Department of Natural. Resources and the Valley Branch Watershed District for approval of an Interim Plan for Flood Control and issuance of permits necessary therefor; and WHEREAS, the Valley Branch Watershed District and the Department of Natural Resources have requested a potential flood damage study as a necessary prerequisite to the granting of such approval or issuance of permits; and WHEREAS, the City Engineer has estimated the cost of such a damage report to be approximately $6,292.00; and WHEREAS, the City Council finds it necessary and in the public interests for said report to be prepared for the reasons outlined in the prior resolutions of this Council authorizing the preparation of said Interim Plan for Flood Control: NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Engineer, Bonestroo, Anderlik & Associates, to prepare a report of potential flood damage in the City of Lake Elmo as required by the Valley Branch Watershed District and the Minnesota Department of Natural Resources. BE IT FURTHER RESOLVED, that the Engineer is authorized to incur costs and expense up to $6,292.00 in the preparation thereof. Adopted by the City Council this 20th day of January, 1976. Maynard L. Eder, Mayor Attest: Y Donald Mehs komer, Clerk R-76-2 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING REPORT ON PO'TEMTIAL FLOOD DAMAGE {VHEREAS the City Council of the City of Lake Elmo has prior to the date hereof made RIM to the Minnesota Department of Natural Resources and the Valley Branch Watershed District for approval of an interim Plan for.Flood Control and issuance of permits necessary therefor; and WHEREAS, the Valley Branch Watershed District and the Department of Natural Resources have requested a potential flood damage study as a necessary prerequisite to the granting of such approval or issuance of permits; and WHEREAS, the City Engineer has estimated the cost of such a damage report to be approximately $6,292.00; and WHEREAS, the City Council finds it necessary and in the public interests for said report to be prepared for the reasons outlined in the prior resolutions of this Council authorizing the preparation of said Interim Plan for Flood Control: NOW, THEREFORE, BE I'T RESOLVED, that the City Council hereby authorizes the City Engineer, Bonestroo, Anderlik & Associates, to prepare a report of potential flood damage in the City of Lake Elmo as required by the Valley Branch Watershed .District and the Minnesota Department of Natural Resources. BE IT FURTHER RESOLVED, that the Engineer is authorized to incur costs and expense up to $6,292.00 in the preparation thereof. Adopted by the City Council this 20th day of January, 1976. MAYNARD L. EDER Maynard L. Eder, Mayor DONALD MEHSIKOMER Donald Meheikomer, Clerk R-76-3 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION PROVIDING CONTINUING AUTHORITY FOR REFUNDING PARK BONDS OF 1974 WHEREAS, the City Council of the City of Lake Elmo by Resolution R-75-8 of March 4, 1975, and Resolution R-75-31 of September lst, 1975, authorized a public sale of $739,000.00 General Obligation Refunding Bonds of 1973 to refund outstanding General Obligation Park Bonds of 1974,dated December 1, 1974; and WHEREAS, no bids were received at said sales; and WHEREAS, on recommendation of the City's financial consultant, Juran & Moody, Inc., the City Council has determined that it is in the public interests to refund the said General Obligation Park Bonds of 1974 at such time as the market will per- mit refunding of the same for the purpose and so as to achieve the savings to the City outlined in said Resolutions R-75-8 and R-75-31: NOW, THEREFORE, BE IT RESOLVED, that said Juran & Moody, Inc. are hereby authorized to initiate the public sale of such refunding bonds in the amount of $739,000.00 for the purposes outlined in said Resolutions R-75-8 and R-75-31 at such time as the market conditions indicate that a sale can be consummated. The City Clerk and other City officers are hereby authorized and directed to proceed with such sale on the terms and conditions set forth in said Resolu- tions R-75-8 and R-75-31 when and if the said financial consultants determine that it is reasonably probable such a refunding sale can be consummated. Adopted by the City Council this 28th day of January, 1976. Maynard`L. Eder, Mayor Attest: Donald Mehs:k-omer, Clerk R-76-3 RESOLUTION CITY OF I&= ELMO WASHINGTON COUNTY, M114NESOTA A RESOLUTION PROVIDING CONTINUING AUTHORITY FOR REFUNDING PARK BONDS OF 1974 WHEREAS, the City Council of the City of Lake Elmo by Resolution R-75-8 of March 4, 1975, and Resolution R-75-31 of September let, 1975, authorized a public sale of $739,000.00 General Obligation Refunding Bonds of 1975 to refund outstanding General Obligation Park Bonds of 1974.dated December 1, 1974; and WHEREAS, no bide were received at said sales; and WHEREAS, on recommendation of the City's financial consultant, Juran a Moody, Inc., the City Council has determined that it is in the public interests to refund the said General Obligation Park Bonds of 1974 at such time as the market will per- mit refunding of the same for the purpose and so as to achieve the savings to the City outlined in said Resolutions R-75-8 and R-75-31: NOW, THEREFORE, BE IT RESOLVED, that said Juran a Moody, Inc. are hereby authorized to initiate the public sale of such refunding bonds in the amount of $739,000.00 for the purposes outlined in said Resolutions R-75°-8 and R-75-31 at such time as the market conditions indicate that a sale can be consummated. The City Clerk and other City officers are hereby authorized and directed to proceed with such sale on the terms and conditions set forth in said Resolu- tions R-75-8 and R-75-31 when and if the said financial consultants determine that it is reasonably probable such a refunding sale can be consummated® Adopted by the City Council this 28th day of January, 1976. MAYNARD L. EDER Maynard L. Eder, Mayor DONALD MEHSIKOMER Donald Mehsikomer, Clerk Mmus TW VG YTR) A0139WIV MMO MTORTIM) Y Tl;', }:'z TXX) 10 juvAll NIUM TWIMUS51 9c3 j -00A UNIUMOR %a UmIn 04M :4, YOW ad! 10 1100100 YoW of; jammv, &M all Andnosqed 20 1EMM '1: mrj*Y on MI To MUOR GUMM30M nollspildo 1010sep 05.060,UETY 10 Oise, an 1WE j % Kam AW noijapUdo l(> loa&) bun zaajaa ON", JPsi X.;�.;.;.'.. ..DJ. s,):'d W'oi.:' og Owl ,youm a asmu 1061luomon XeRnW! d'y4lb W W mf MUM 03 ajaamolml vilducl VAJ at n! 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TIUMUW� YJAD e-,111 Sid HSCH d GRAVYAM .... ......... j WUYSM Maeljn AHMOX18HUM GJAHoa R-76-4 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECEIVING RECOMMENDED COMPRE- HENSIVE PLAN PROVISION FROM THE CITY PLANNING COMMISSION AND FORWARDING SAME TO METROPOLITAN COUNCIL WHEREAS, the Planning Commission of the City of .Lake Elmo at a regular meeting thereof held on danua�'y 26, 1976, unanimously approved and recommended to this City Council for adoption'�the annexed Comprehensive Plan for the City of Lake Elmo. WHEREAS, said proposed Comprehensive Plan for the City of Lake Elmo represents a substantial revision of the present Comprehensive Plan of the City as developed by the old City of Lake Elmo and the former Town of East Oakdale prior to their con- solidation in 1969 which plan (as Comprehensive Municipal Plan is defined by Sub- division 5 of Section 462.352 of the Minnesota Statutes) has served as a basis for regulation of land use in this City since that time; and WHEREAS, the annexed proposed Comprehensive Plan was reviewed in great detail by the City Planning Commission through the year 1975 and drafts of the said pro- posed plan were submitted to adjacent municipalities and interested government agencies including but not limited to the City of Oakdale, City of Woodbury, Town of Grant, Town of Baytown, Town of West Lakeland, the Valley Branch Watershed Dis- trict, Washington -Ramsey Metro Watershed District, Washington County, and the Metro- politan Council - and interested individuals; and WHEREAS, it appears that the required public hearings as well as other informa- tional public hearings were duly held by the Planning Commission; and WHEREAS, it appears that the said Planning Commission has in all ways complied with the provisions of section 462.355 and 462.356 and other relevant statutes and ordinances of this City in its preparation, review and recommendation of said pro- posed Comprehensive Plan; and WHEREAS, it appears that the said plan has great merit and will be favorably considered by this Council; and WHEREAS, Section 473.175 of the Minnesota Statutes requires that prior to final approval of the same by this City Council the said proposed plan shall be submitted to the Metropolitan Council for written comment and recommendation thereon and that no action shall be taken with respect to such plan or any part thereof until ninety (90) days has elapsed after its submission to said Metropolitan Council: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. The annexed proposed Comprehensive Plan for the City of Lake Elmo be and the same is hereby received by the City Council from the Planning Commission of the City of Lake Elmo. 2. The City Planning Commission be, and the same is hereby, commended for its work and diligence in the preparation of the said proposed plan. 3. That the said proposed plan be mailed forthwith by the City Clerk with a copy of this Resolution to the Metropolitan Council for its comments and recommenda- tions in accordance with the provisions of Section 473.175 of the Minnesota Statutes. 4. That the Clerk be, and he is hereby, directed to return the matter of the said proposed plan to the agenda of this City Council at such time as comments and recommendations from the Metropolitan Council are returned to the City and finally after ninety (90) days have elapsed from and after submission of the said proposed plan to the Metropolitan Council so that this Council may then take such action as it deems appropriate. 5. The City Clerk is, hereby directed that any written comments or recommenda- tions of the Metropolitan Council received with respect to this plan shall be filed in his records with the proposed plan and all other places where such plans are re- quired to be kept by law. Passed by the City Council of the City of .Lake Elmo, this 3rd day of February, 1976. . A J MaynW L. Eder, Mayor Attest: r Donald Meh ikomer, Clerk. arc RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FEES FOR SPECIAL USE PERMITS WHEREAS, Section 505 of the Model Zoning Code for communities in Washington County as adopted and modified by the City of Lake Elmo provides, among other things, for the collection of certain fees upon application for a special use permit; and WHEREAS, Section 807(B) of said Code requires a sign permit, for adver- tising signs but does not establish the amount thereof; and WHEREAS, it appears that said Section 505 was not intended to apply to sign permits: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that hereafter the annual fee for sign permits shall be $7.50 per sign. IT IS FURTHER RESOLVED, that the annual renewal fee for all other special use permits shall be a minimum of $25.00 which amount this Council determines is necessary and appropriate to cover the administrative costs of processing such renewal. However, any additional actual costs relating to the renewal of said special use permits, whether inspection costs, consultant's fees, or otherwise, shall be added to said minimum $25.00 fee,all as provided by said Section 505. Adopted by the City Council this 16th day of March, 1976. Mayn d L. Eder, Mayor Attest: /� _ e / Donald Mehsiko er, Clerk R-76-6 RESOLUTION CITY OF LAKE ELKO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FEES FOR SPECIAL USE PERMITS WHEREAS, Section 505 of the Model Zoning Code for communities in Washington County as adopted and modified by the City of Lake Elmo provides, among other things, for the collection of certain fees upon application for a special use permits and WHEREAS, Section 807(B) of said Code requires a sign permit for adver- tising signs but does not establish the amount thereof; and WHEREAS, it appears that said Section 505 was not intended to apply to sign permites NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmowthat hereafter the annual fee for sign permits shall be $7.50 per sign. IT IS FURTHER RESOLVED, that the annual renewal fee for all other special use permits shall be 'a minimum of $25.00 which amount this Council determines is necessary and appropriate to cover the administrative costs of processing such renewal. However, any additional actual costs relating to the renewal of said special use permits, whether inspection costs, consultant's fees, or otherwise, shall be added to said minimum $25.00 fee,all as provided by said Section 505. Adopted by the City Council this 16th day of March, 1976. MAYNARD L. EDER Maynard L. Eder, Mayor Attest: DONALD MEHSIKOMER Donald Mehsikomer, Clerk sMWA €,ass, p'Y S,ss }71Ifa 10 '.;`„`.7Y1M ti U e7...l.;FM 401 K,. ,. _S VAO.1...IUJ().:,'i5i ;5; vol MY 1:.F[.ihom .0NON `as it, V..OF. 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EBERTZ FOR REZONING WHEREAS, Walter J. Ebertz has filed an application pursuant to the provisions of Section 5.02.of the Model Zoning Code for Communities in Washington County as adopted by Section 301 of the Municipal Code of the City of Lake Elmo; and WHEREAS, the public hearing required by that Ordinance and the Statutes of the State of Minnesota has been held by the=City's Planning Commission; and WHEREAS, the City Council has received the recommendations of the Planning Commission thereon as well as the report of its Consultant Planner and has con- sidered the evidence adduced at said hearing by the"applicant and other interested persons and has considered the oral report of its Consultant Planner; and WHEREAS, the said Consultant Planner has reduced his recommendations to writing in his report to this Council dated February 5, 1976; NOW, THEREFORE, BE IT RESOLVED , that the City Council finds with respect to the application of Walter J. Ebertz for rezoning of the West One-half of the South- east Quarter of the Southeast Quarter (W-� of SEa of SE14) of Section Thirty-four (34), Township Twenty-nine (29) North, Range Twenty-one (21) West: 1. The applicant seeks a rezoning of the said land from a zoning classification of "Single Family Urban" (SFU) to "General Business" (GB). 2. The property consists of approximately 20 acres fronting on U. S. Highway 12 and located approximately midway between Inwood Avenue North and Lake Elmo Avenue North. The property is generally rectangular in shape with an east -west dimension of 661.81 feet and a north -south dimension of 1,317.44 feet. The property is presently undeveloped, and development of surrounding properties is essentially commercial. 3. The applicant, upon being granted a rezoning, proposes to construct storage warehouses for grading equipment and possible future subdivision of the balance of the tract for other business sites. 4. The property is presently zoned single family urban which permits only urban agricultural uses or single family residential buildings. 5. The applicant has requested a rezoning to a general business district which permits a number of commercial uses, such as retail shopping, warehousing, offices, limited manufacturing, wholesale business, motels, farm equipment sales, repair garages, transportation terminal, automobile service, etc. The proposed use of the applicant will be permitted under the general business classification. 6. The 1967 comprehensive plan and the recently completed comprehensive plan up- date of the City of Lake Elmo have recognized the appropriateness of higher intensity Cuses for the property in question, such as commercial, industrial and higher density residential as opposed tothe low density residential purposes for which the subject property is currently zoned. R-76-A % 7. The property is within the metro sewer service area as proposed by:the city, and sewer can be made available in the reasonably near future. Based on the proposed uses of the property, there is no apparent need for immediate sewer service. There is no public water system, available to the site for commercial or industrial uses or for fire protection. 8. The Minnesota Highway Department has advised the applicant that it has no ob- jection to revising an opening location from the subject property to Highway 12, and the Highway Department's response was favorable assuming a north alignment for I-94. 9. The Lake Elmo Planning and Zoning Commission held a public hearing regarding the application, at which hearing no adjacent property owners appeared in opposition to the requested rezoning. The Planning Commission recommended denial of the rezoning for the following reasons: A. The Planning and Zoning Commission has no final determination of a road plan through the property. B. There is no indication of the future uses of the property. C. The sewer plan is presently incomplete. D. There is no adequate fire protection. E. I-94's final location and its service roads are undetermined. F. General business does not necessarily consist of mixed use as indicated in the proposed comprehensive plan. 10. The only permitted use under the present zoning of the subject property is single family residential. Under the present zoning, a special use permit may be granted for several limited purposes, including commercial greenhouse, dog kennel, veterinarian hospital, drive-in theater, campgrounds, private clubs, rest home, and two family homes. There is no present provision in the zoning ordinance for the per- mitting of any other commercial use. No other use can be made of the property unless and until the property is rezoned. 11. Based on the location of the property proximate to the freeway, the nature of surrounding development, and the comprehensive plan of the city, the highest and best use for the property is commercial. 12. The requested rezoning of the site cannot be considered spot zoning by reason of the fact that the rezoning conforms to the comprehensive plan, the surrounding uses are commercial, and the location of the property all indicate the demonstrated need for the upgrading of the zoning. 13. The proposed rezoning would not adversely affect the use or values of surround- ing properties. 14. There is no provision in the zoning ordinance which requires a layout of a road plan through the property prior to the consideration of the application for rezoning, nor is there any requirement as to the detailing of future uses of the property in the zoning ordinance. These determinations are more properly made and are required in con- junction with the division of the property or the development of the property and prior to the issuance of any building permits. 15. There is no provision in the present zoning ordinance of the city for the issuance of a special use permit for the proposed use of the property, nor are there any R-76 I provisions in the zoning ordinance to limit the commercial uses to which the property may be put other than those listed in the zoning ordinance. 16. The lack of any sewer availability is generally not a sufficient reason to deny a request for a rezoning, especially when it has been indicated that sewer service can be made available in the reasonably near future, that the proposed immediate uses of the property would not demand public sewer, and that a large portion of the city presently does not ha%esewer immediately available to it. 17. The lack of adequate fire protection is generally not a sufficient reason for denying a requested rezoning by reason of the fact that the property owner has a constitutional right to put his property to the highest and best use, and the fire pro- tection or lack thereof is no different than that available to virtually all other properties in the city. The denial of a rezoning or a building permit for reasons of lack of fire protection must be applied uniformly to all properties within the city. 18. The final location of I-94 unless the council had, prior to the on all applications for rezoning or on both the northerly and southerly is not a sufficient basis for denying application of rezoning, established for building permits along the entire routes. a rezoning a moratorium I-94 corridor 19. The applicant is entitled to a specific zoning, such as a general business, and such categories as mixed use or PUD are not special zoning categories within the zoning ordinance, but rather flexible tools to allow for deviation from the strict requirements of the zoning ordinance when multiple uses based on specific plans are proposed on a particular piece of property. 20. In order to uphold a denial, it would be incumbent upon the City Council to find that the proposed rezoning was not in conformance with the Comprehensive Plan of the City, that the highest and best use of the property was not General Business,and that the rezoning would have an adverse effect on surrounding property. it appears that a number of the items which concerned the Planning Commission were not a basis for denial of the requested rezoning by reason of the fact that the information re- quested by the Planning Commission was not required by the zoning ordinance. Such information is required and is more properly considered at the time of subdivision of the property or development of the property. 21. since the City Council could not make such findings to support a denial of the applicant's request for a rezoning in view of the facts outlined above in this Resolution, the Council is required by law to grant the rezoning. 22. It is the conclusion of the City Council that the applicant is entitled to a rezoning of said land in accordance with said application herein. 23. The City Attorney is instructed to prepare the necessary ordinance for the rezoning. Adopted by the City Council this 2nd day of March, 1976. Maynard . Eder, Mayor Attest: Donald Mehsikomer, Clerk RESOLUTION CITY OF LAKE ELMO WASHINGTON.COUNTY, MINNESOTA A RESOLUTION APPROVING APPLICATION OF WALTER ,7. EBERTZ FOR REZONING WHEREAS, Walter U. Ebertz has filed an application pursuant to the provisions of Section 5.02 of the Model Zoning Code for Communities in Washington County as adopted by Section 301 of the Municipal Code of the City of Lake Elmo; and WHEREAS, the public hearing required by that ordinance and the Statutes of the State of Minnesota has been held by the+City's Planning Commissions and WHEREAS, the City Council has received the,recommendations of the Planning Commission thereon as well as the report of its Consultant Planner and has con- sidered the=evidence adduced at said hearing by the- applicant and other interested persons and has considered the oral report of its Consultant Planner; and WHEREAS, the said Consultant Planner has reduced his recommendations to writing in his report to this Council dated February 5, 1976; NOW, THEREFORE, BE IT RESOLVED , that the City Council finds with respect to the application of Walter J. Ebertz for rezoning of the West One-half of the South- east Quarter of the Southeast Quarter (A of $EA of SEA) of Section Thirty-four (34), Township Twenty-nine (29) North, Range Twenty-one (21) West: 1. The applicant seeks a rezoning of the said land from a zoning classification of "Single Family Urban" (SFU) to "General Business" (GB). 2. The property consists of approximately 20 acres fronting on U. S. Highway 12 and located approximately midway between Inwood Avenue North and Lake Elmo Avenue North. The property is generally rectangular .in shape with an east --west dimension of 661.81 feet and a north -south dimension of 1,317.44.feet. The property is presently undeveloped, and development of surrounding properties is essentially commercial. 3. The applicant, upon being granted a rezoning, proposes to construct storage warehouses for grading equipment and possible future subdivision of the balance of the tract for other business sites. 4. The property is presently zoned single family urban which permits only urban agricultural uses or single family residential buildings. 5. The applicant has requested a rezoning to a general business district which permits a number of commercial uses, such as retail shopping, warehousing, offices, limited manufacturing, wholesale business, motels, farm equipment sales, repair garages, transportation terminal, automobile service., etc. The proposed rase of the applicant will be permitted under the general business classification. 6. The 1967 comprehensive plan and the recently completed comprehensive plan up- date of the City of Lake Elmo have recognized the appropriateness of higher intensity uses for the property in question, such as commercial, industrial and higher density residential as opposed tothe low density residential purposes for which the subject property is currently zoned. Mid KXAA to MW t'.0 ,inbf.w , YTHOOS, uLt:dS' MIM?M.- QK)I_A IIVI'Tf\ r)r� 1"Cif.S'Z^3 t ..4 3:°7."L7�('. :•�S dI a!l.tsSp3.. vo LO W { '3 .:{'SX6.sdPE::YTi(::_ an 50111 c b :1 Y., g Ci;8f 7 f3AKI. W yj i'.,) ;;.f..5 to < boD KqIVIAUM G+7 -; A0 .i 0C 0()1MV IC j:};yoj qG1AS, 10 L:E?F5.7J`s. add ban ODUMM10 duind yd bJ:T:-Ciipw t'fJl`,f'a...S '..:f.:alAi!',{. €" ,,A'L :.g ar; iJdYJi g [Y'ikIR s,..:ifi oD PiTdxSZATS14 W r , O 3 ` d bled used sw( r,'.3�s-)fisE?[!i%.A:%' � J t fY;:tSSCFals Ufi: 10 L3?ir10001 --am .Ca-:70000 Y..1, D ..1;L.7 , ,S.sIS)nHW ..non emu bnz + Un€s q )Ars:ilaacro MI! Al 070gol old a, I ew '.€ ffoo7ntAS a elea.:.ow.0;) .'-4.$cOISIBI :K ar; O bra, :)l7 V-+,Ucfgs,: -041 yd t U1 ak"0, bias 16 1J...,Ubbo .3m11,e'Jivo Udi MOM .?.,.n n0anniq :, na,a`.ii81nnoo F, 1 to Wagon s.l. 9: WOO O E3j Imsubjunoo ;)wi PUISIMW t,":'a .:.iR53.sJ'fal. tf.,:. )ttC):;}3:d e:,ad'Ct lb§)wJaY„ t and "at3a"F1Yz.i.t.% .IMn: b. ,,lf3a0D lnir: F,.Si:.7 _ gdvul ce j.`rhaATts05 ;a.,. M S.&`JiI00D #:IRI of IU -. , Lid ni 2Ya ;J'r}4t"u:7k Sb:i !; oe Wall t,lwg3= Y.?t.,i 06:1 .t kt;i t 0.4j.8m1:iRM I. :.et.?. ,,.u`541 .IeS%l. 3An# ,C,GJ6'i. -,! f0u-. Soo V, :,La>a'•nraQ :;_a*W sill 7te, wUS MUM .5 -InJI W 20 001,}t73livic-E .:i.;t , AE) XSJ9ti^13-0dT U013002 10 (JUR ao 018 W ON) ;i xrDQ :,dc,.-r:JM002.ad.4 10 Y1.1 ..tiii;. IM0 SW 4. (191 kaPAC'^yja 3',:i'. £)pot% ,jdJ-:L0M (Q; ) i! €a .7(a fly,) `mJWLE s.'+UM P u raos z a...'r:t:t t::REzi Man ed;f iQ pf{.LdSa an G i wawa .e3, aSU+C I`-[qM 06T S (tso) " c- E'iF: kt!Ft s da iv at3?1B UJ (U u) ,ir>. i.A4? y?.:iLait! "i '., -io 91 y.zwdp.XU .2 , A so '{`IJ.GyAcal onann 02 'Vlo=i4'tII11;>6CY7.gq(7f ,ko ;ede.I,nao-, ,a ,d?..iaoH oF.FdXava 0MU Ma alas 01".00 S,x,Jnaw MGM a'Jbltd'armd C_Or➢{>fM ;_!yIzM.&d'Zfi`:ggz idC32TXb of ai. 5 ..i"s o.4 D to nu S-d-RJ:'1b ....:5✓•'-r= a;FJ611w oq,� o'a ::M101-0SIQ #, wdT ,bMgC7f0vv >fftl' y1 i'A1 «'elq ,,..f 1310j oY. O.,'.r 001 JA.`e., E,!. i ;r t:J .,3dL.).,,.t 21J'I.iOC', ki.: '.A@LA z fy1f., .;r-')o . I,n>1=a".9G:CteMOU `;arflalll.i:3iYino at ,.SUI s uiq PWf(U0113. : iJ a'L:ia,;,trY�uiev.'e-b bun ,'aX)r^!'oja jY?K.Ue.,Yoe i.i i@-Fd'aSC)C:,j', xtq x}ldtSax6i,:,.n L bojavvQ gddlo& Eioq" xeYflzcl.Efg, M aF, .'2fr? ao £3;,'fllu-iAo Y;:5 An d i._1x.,_LufiX,S.d aJS:ifB,, 'Jltid'"ywq d)az !%AYsf713F.UP0 1)fdT(,FJd IP :ol anumodlw'.LFi': t.f;ei U Yi; O W k Ivey a ,1 r6W al..:[•:':&a y0mv? Upoly fKsuo - 1 dra_a siq a v J [ot 0Iq UT J, Z('rtla 10 .,. u .[v'Llt:fla7Aly, =LCi,Cnw ,f J.CUSelelh atn loud Ss Ja! Fn l ?1t'lId+:)ha'% N l-,fa6u;wY UK ja _ E qn .ldC' 0 e ,..g„s 1.lic s{'.rt 7;.fpAf�.t,vx ,Pv!gcd; da Sway K F:; dour; jU00M ;:o(fivin r, ot:J U'i eaq. Ug"My W,ea IramQuPs W=AA afalom ,.,l:biElnud 5a11.J1iJiJ @adl P.C. wom hoiogo,.a :. ,:; ." -il a. n .X::'. vlS.:.e),inoins: „d.$ �v i ., _ S <'. is^� fdL)_, a,, a,A.ir f3-: l:l yo€s`}?P'S.f (v 1.f-,.'l was efF," j;a,i Ll+.,,Ca- r: 7.Lc r.�_v.'?�F 1©,) UK . NT x0saa:.t.al NOW au 101 bu._hn?o:l-,- ovoid ceanyal AM 'i C. ;Q? 961 ue, 03bb HFp Mue 001 ;fU r a W `(1 c z , ti; Jdl.{ X01 une;j jootduy odd yjjonob wof -!7 9hos '! s Jd1u.5.Si i ys ox(d R-76 -� 7 7. The property 1s within the metro sewer service area as proposed by.the'city, and sewer can be made available in the reasonably near future. Based on the proposed uses of the property, there is no apparent need for immediate sewer service. There is no public water system available to the site for commercial or industrial uses or for fire protection. S. The Minnesota Highway Department has advised the applicant that it has no ob- jection to revising an opening location from the subject property to Highway 13, and the Highway Department's response was favorable assuming a north alignment for 1-94. 9. The Sake Elmo planning and Zoning Commission held a public hearing regarding the application, at which hearing no adjacent property owners appeared in opposition to the requested rezoning. The Planning Commission recommended denial of the rezoning for the following reasons: A. The Planning and Zoning Commission has no final determination of a road plan through the property. D. There is no indication of the future uses of the property. C. The sewer plan is presently incomplete. D. There is no adequate fire protection. E. T-94's final location and its service roads are undetermined. P. General business does not necessarily consist of mixed use as indicated in the proposed comprehensive plan. 14. The,only permitted use under the present zoning of the subject property is single family residential. Under the present zoning, a special use permit may be granted for several limited purposes, including commercial greenhouse, dog kennel, veterinarian hospital, drive-in theater, campgrounds, private clubs, rest harm, and two family homes There is no present provision in the zoning ordinance for the,per- mitting of any other commercial use. No other use can be made of the property unless and until the property is rezoned. 11. Based on the location of the property proximate to the freeway, the nature of surrounding development, and the comprehensive plan of the city, the highest and best use for the property is commercial. 12. The requested rezoning of the site cannot be considered spot zoning by reason of the fact that the rezoning conforms to the comprehensive plan, the surrounding uses are commercial, and the location of the property all indicate the demonstrated need for the upgrading of the zoning. 13. The proposed rezoning would not adversely affect the use or values of surround- ing properties. 14. There is no provision in the zoning ordinance which requires a layout of a road plan through the property prior to the consideration of the application for rezoning, nor is there any requirement as to the detailing of future uses of the property in the zoning ordinance. These determinations are more properly made and are required in con- junction with the division of the property or the development of the property and prior to the issuance of any building permits. 15. There is no provision in the present zoning ordinance of the city for the issuance of a special use permit for the proposed use of the property, nor are there any MI buRoqu q eo asin i,+r.Fan Odi`a' FE,IS(O`a 01 V.a i ✓c oaq OAT . ; [di. QUMKeV 'i sham ,�+„(1, "on newon i',Y.oz F✓'s;;7" .001vuyC? 3owea W.t l5 fmtF..b ti?:.. f E, a,i; ?lsiCld�(F'. 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OAK n.^.joylt.i= Pa.znW him ")%akeaar'.14 rdi`, >1" e4'jye {osq sal t a..,;'x;i3 ^jPJjua oilto .>t"7.7J;bE;sa:M. on .S vvoAT ..2 k<+_. pnnUM y?.:ia( u..fir al sisIq 49wou Odx'a:. W .00110s3: oaq raM eauYs>.1pobs .On Q ssnAT ,c C �JEdA'�.Joi:k fd}ad£s.f was Won .u.7ivae's' 3_$1, b`. "6 dd0110101 Ss£Al OR-! -! e a i~'z oam b}x.4m to ?.fuuoo dz.:I t:S4+1?'!?,:�+,d; Joe ,.:nob entua4aud pia..>now ,' aa.I,Ci ai iF'i:4y*..8oy 10G3(;;diva :5111 10 P000a .3 fAf:nUaxq odl' 'T.obifv m"u, Jsej:l.ioxxsq 'Sjao vA '?; .01 sd YBIU :.;ih%maq eau .[k',.,{::r aPld.criom :Shc€i.enq e i3 nob au .W:.$:Ae).bia 'S sjLid,r3a: dl,F,gaaia' ai€id'%now i]bla ' 00mC)dd'A€elp <1.C8.Li:1Ai!.oal ' aaa4iCjyLJq U;iIM Iti `U;3'f au not .E.iq' ,Yl vim boa iomaA Mox vPd;(ufo `JaMinq vossaill dY.!.'•�o vlib i.L 9y7Zqaoil idAd.a`YfSdil:Y;;3 ov , . x oi" �J =•l0t�, J17.ai :6OR JUdtd3tl.I�::7O I7di.t;ESCi& fji:3 St.S, S3Ca_Cc. '.Y'VV'.SCC S2a%'J&��5jp OXd ..� cr;e5)ti b` v�P9!<SY.?1� '�.%.LS�Sda .�b 7 fsuaalnu ai.'.i'$.'dC�U`Aq £asj.'n O ohmA ano tau 'E�df'llo OW .Cilao d.JJP,69;LJ,7d%%fYdM "a AJ O Yet M W°Ne'F:f Tu E7alJ.ibn -tiAds. a V:a?'X°;a(�'z`1. f.AW ON 4;l.fflFJi1"., Oaq V,l:d qo q owl NO dY0 dil00 r ohs ;Sia 1:rLFct..51 W., 5"o .Sae>dvid ado aij.JAD Od?` 10 88c:l:'} OvIviiand`i9'$qmon odl buz io . >LE J^e!�tiipSd3:7 ..k \"3'"i?d- t af7 gat Sol f, av t"od E`,C+smon yd Pdz.KS"son :ioga 5970jano" ad .i C3d5dLnn oII:' to PtYla(➢so, .:.FJ.:-'_'u:i4al OAT „`I aeau y.J.:.bauCi lou :9,M. ianiq an caou; Saaos ZSf t.diorn f. MA =SnAj ADW kid, 40 _ 101 i9on W anra(;eb wAJ WoMbvi i_C ,: n.➢crolq OM 10 axc7Na3ON, f,3l buo, oao htdSd<:zi:eJa to 2irmfev me eau 061 1091% y. l :f_'tP(J93 lop a3IdEoa PalCei,)pni b CflCjC3Wq ...Ir:' 5_( . ilfs,I;,d'dn{.LC'.' q ;Val boom y la .'IdJ7yot n C-..`.s'tlAit_.:' [:'r.. 11, "E°vrl .%J'i7 '(7tilf'E+.F", '"rfl S4 d: CEi.-.xrtrolq OP CA £'JodT M. - vT,>d(lfS..7S07 o'! Lkfi7.%dii ! {.>Ifti:"s 051 10 deO r:iaCi' !J�b.�r,.{LOCI got U3 ` o , „".$.c 3C� 7Tcr 3d_f�l 1�I,' iz:dlj:} fir.""U, i,d%::I Q if.'S.iorlo q 061 in avau 01=1 10 P%-..tx..l.tFi10b Y4d_!a 01 Un 1.Z00900poa boon il.e.Jdj at X04) "'.fYow at I'il'S..t;u es .a SP bAr, fA'Am Y11010se .?YOi; J...ca.'U ,, dgJS➢S f1 i.,....J �.C.. b1•'Et Soiuq tCi: *(3"SSL.f`YCI !lit 3 _0 ;'fi..mc5,0i.'vas adl in ✓f i9t'IC77,. clu In nCb.f:aAvAh adj r..71N a0l 7I:ur, .Lv i'-a':t '(iiYS fYi •=r(i' ''Inn In _?ou v'..➢J: 041 0A .. .. _.d 101 Yf°Y 9i.iLi 10 Ss.")fT f d`cit ';_ L.. Yd4?J did .,...>at'j 2,1¢ f`A. d'Ti..F-: P''L/l?o.CY, on at 'z.i9Si 1' .Ha, yna @?a.'{..1 oiz ion .vispr.ainq e3dl W °3t:7 J?segnIq sill 1 ii. .).41I7i"Y' _C7, .-ao Ininequ S 20 R-76-YI provisions in the zoning ordinance to limit the commercial uses to which the .property may be put other than those listed in the zoning ordinance. 16. The lack of any sewer availability is generally not a sufficient reason to deny a request for a rezoning, especially when it has been indicated that sewer service can be made available in the reasonably near future, that the proposed immediate uses of the property would not demand public sewer, and that a large portion of the city presently does not hate sewer immediately available to it. 17. The lack of adequate fire protection is generally not a sufficient reason for denying a requested rezoning by reason of the fact that the property owner has a constitutional right to put his property to the highest and best use, and the fire pro- tection or lack thereof is no different than that available to virtually all other properties in the city. The denial of a rezoning or a building permit for reasons of lack of fire protection must be applied uniformly to all properties within the city. 18. The final location of I-94 is not a sufficient basis for denying a rezoning unless the council had, prior to the application of rezoning, established a moratorium on all applications for rezoning or for building permits along the entire I-94 corridor on both the northerly and southerly routes. 19. The applicant is entitled to a specific zoning, such as a general business, and such categories as mixed use or PUD are not special zoning categories within the zoning ordinance, but rather flexible tools to allow for deviation from the strict requirements of the zoning ordinance when multiple uses based on specific plans are proposed on a particular piece of property. 20. In order to uphold a denial, it would be incumbent upon the City Council to find that the proposed rezoning was not in conformance with the Comprehensive plan of the City, that the highest and best use of the property was not General Business,and that the rezoning would have an adverse effect on surrounding property. it appears that a number of the items which concerned the planning Commission were not a basis for denial" -of the requested rezoning by reason of the fact that the information re- quested by the Planning Commission was not required by the zoning ordinance. Such information is required and is more properly considered at the time of'subdivision of the property or development of the property. 21. Since the City Council could not make such findings to support a denial.of the applicant's request for a rezoning in view of the facts outlined above in this Resolution, the Council is required by law to grant the rezoning. 22. It is the conclusion of the City Council that the applicant is entitled to a rezoning of said land in accordance with said application herein. 22. The City Attorney is instructed to prepare the necessary ordinance for the rezoning. Adopted by the City Council this 2nd day of March, 1976. MAYNARD L. EDER Maynard L. Eder, Mayor ~� DONALD MEHSIKOMER Donald Mehsikomer, Clerk OJ nonon-Lba-V I i I in-1 ,. at 101"now 00 "1 bylvit oowl an"s !'Ariv :011 ful ymy aj =one oNskulAvan n Joe WIZInnyp a! MUCA wkwo lowen yun 10 Awl SAW . 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WC on LOMMOS XYZlqoxq suan a! boo jxxxiljF )'x al .yA%0q0xq 041 10 jdr""wtq01w­b ao to NOW M vloqqUe 0i UpwinakI coma vAem loa bluou 11=00 11V 9dw wald .$l nips K avods bowiluo 010as ali TO weiv VA polvosw Z n03. lanlyow 01jazailwy %w-Y .Paluolow No J"MIP oa un! yd ba%lapay I 11onvou odd 'noMablaw" aj 5011MV ax 10=21q, !ND adl 10 WINPLUU00 wdl U! il . P, Mwed 01% aovwaawwdil (.zut'l lo "i , I':j A. �f Ji,') I i T t4 vdi 'aA' v1sunns"Q wdl sw4nIq 01 bovou= .yUAvwvH.Z Nw. ownw to yam 11yumoo 100 wo yu VAQ0M TOYON Iota I�INNINH A3MCJAT21_1�m GJAP10C R-76-7 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE APPLICATION OF ALLIED PROPERTIES, INC FOR REZONING WHEREAS, Allied Properties, Inc. has filed an Application pur- suant to the provisions of Section 5.02 of the Model Zoning Code for Communities in Washington County as adopted by Section 301 of the Municipal Code of the City of Lake Elmo; and WHEREAS, the public hearing required by that Ordinance and the Statutes of the State of Minnesota has been held by the City's Plan- ning Commission; and WHEREAS, the City Council has received the recommendations of the Planning Commission thereon as well as the report of its Consul- tant Planner and has considered the evidence adduced at said hearing by the applicant and other interested persons and has considered the oral report of its Consultant Planner; and WHEREAS, the said Consultant Planner has reduced his recommenda- tions to writing in his report to this Council dated February 3rd, 1976: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that this Council finds with respect to the application of Allied Properties, Inc. for rezoning of the lands described in Exhibit "A" annexed hereto and made a part hereof: (1) The applicants seek rezoning of the said land from a zoning classification of "Agricultural (A)" to Single Family Suburban (SFS)" for the purpose of permitting the same to be subdivided into single family residential lots of one acre in size or more. (2) The proposed plat is contiguous to existing "Urban" develop- ment within Lake Elmo, namely, the Tri-Lakes residential neighborhood. Thus the rezoning would be compatible with the City's land use policy as stated in its pending Comprehensive Plan - namely, a policy which holds that land shall be developed in a manner which will keep urban areas consolidated so as to minimize the cost of services. (3) Under presently proposed plans, the area has been designated for an early provision of urban type services; it is anticipated that sewer would be available at or before 1990. Thus, the rezoning is compatible with the land use policies set forth in the pending Compre- hensive Plan which holds that land will be considered either "urban" or "rural". Urban land areas shall be defined as those which are or will in the foreseeable future be provided with a wide variety of public and possibly commercial service facilities. Rural land areas shall be defined as those areas which will not receive major urban services such as sewer, transit and highways before 1990. R-76-7 (4) The Development Framework and Staging Plan set forth in the pending Comprehensive Plan both indicate that urban development may be expected for the land in question in the foreseeable future. Another land use policy set forth in the pending Comprehensive Plan provides that if rural lands are converted to urban development, the conversion shall be done in accordance with the Comprehensive Plan in such a way as to promote economic and orderly extension of urban services. (5) The development proposed for the land sought to be rezoned is compatible in character with existing residential development within the Tri-Lakes area. Moreover the proposed plat represents the upper most boundary for the Tri-Lakes area based on drainage and municipal boundaries. Thus the proposed use of the land for which rezoning is sought is compatible with the land use policies set forth in the pending Comprehensive Plan to the effect that development shall be planned so as to insure compatibility among uses and that the community shall be planned and developed on a unit basis, such units to be determined by the natural and manmade physical barriers and/or homogenous land use characteristics. (6) The proposed use for which rezoning is sought is necessary to aid in implementing the pending Comprehensive Plan. (7) It is the conclusion of this City Council that the applicants are entitled to the rezoning of said land in accordance with said application herein. (8) The City Attorney is instructed to prepare the necessary ordinance for rezoning. Adopted by the City Council this 6th day of April, 1976. -C2 j Maynard L. Eder, Mayor Attest: Donald Meis�komer, Clerk R-76- 1 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECEIVING ENGINEER'S PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON SURFACE WATER CONTROL PROJECT II (1976 ) WHEREAS, the City Council of the City of Lake Elmo has received and reviewed various reports prepared by its City Engineer with respect to the proposed improve- ments for the control of surface water and the prevention of flooding in the City of Lake Elmo which reports include said Engineer's cost estimates and recommenda- tions with respect to the feasibility of said project, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo: 1. That the Council will consider the said improvements, as more particubrly described in the Notice of Public Hearing annexed hereto and made a part hereof as Exhibit "A", in accordance with said reports of the City Engineer, and will further consider the assessment of benefited property for all or a portion of the cost of the improvements pursuant to the provisions of Chapter 429 of the Minnesota Statutes. The total estimated cost of the improvement is $38,000.00. 2. A public hearing will be held on the proposed improvement on the 20th day of April, 1976, at 8:00 o'clock p.m. in the City Hall of the City of Lake Elmo; the City Clerk shall give mailed and published notice of such hearing, in substantially the form annexed hereto as Exhibit "A", as required by law. BE IT FURTHER RESOLVED, that a copy of said Notice be directed to the Valley Branch Watershed District and the Department of Natural Resources together with a letter notifying both of those agencies that the City of Lake Elmo intends promptly on receipt of permits if it is determined that an emergency then exists, to proceed with the pumping of Lake Jane to the extent that the City Engineer determines it is feasible and with the advice of the City Attorney. Adopted by the City Council this lst day of April, 1976. Maynard Eder, Mayor Attest: Donald Meltssikomer, Clerk R-76-10 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE AND DEVELOP OPEN SPACE UNDER THE PROVISIONS OF THE FEDERAL LAND AND WATER CONSERVA- TION FUND ACT AND THE STATE NATURAL RESOURCES FUND WHEREAS, the Land and Water Conservation Fund Act and the State Natural Resources Fund Act provide for the making of grants to assist local government in the acquisition and development of outdoor recreation facilities; and WHEREAS, the City of Lake Elmo desires to acquire and develop certain land known as DeMontreville Park, which land is to be held in use for permanent open space; and WHEREAS, Title VI of the Civil Rights Act of 1964 P L 88-354 (1964) and of the Regulations promulgated pursuant to such act by the Secretary of Interior and contained in 43 CFR 17, effectuating that title, provides that no person shall be discriminated against because of race, color, or natural origin in the use of land so acquired and/or developed; and WHEREAS, it is estimated that the cost of acquiring said land shall be $60,000.00: NOW, THEREFORE, SE IT RESOLVED, by the City Council of the City of Lake Elmo: 1. That in accordance with previous directions of this Council the City make specific application to the office of Local and Urban Affairs of the State Planning Agency for a grant from the Land and Water Conservation Fund Act as amended in 1965 for an amount presently estimated to be $30,000.00 and the City pay the balance of the cost from other funds now available for such purposes. 2. That the Mayor and Clerk of the City of Lake Elmo are hereby authorized and directed to execute and file such application with the Office of Local and Urban Affairs of the Minnesota State Planning Agency and to provide such additional information and to furnish such documents as may be required by said agency, to act as the authorized correspondent of the City with respect to such application. 3. That the proposed acquisition is in accordance with City plans for allocation of land for open space uses and that should said grant be made, the applicant will acquire, develop and retain said land for uses designated in the application and approved by the Office of Local and Urban Affairs and the Bureau of Outdoor Recreation. 4. That the United States of America and the State of Minnesota be, and they hereby are, assured of full compliance by the applicant with the regula- tions of the Department of Interior, effectuating Title VI of the Civil Rights Act of 1964. Adopted by the City Council this 20th day of April, 1976. Attest.: — Maynard L. Eder, Mayor 2k Donald Mehsi omer, Clerk. F R-76-10(A) RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING AND DIRECTING MAYOR TO FILE FIVE-YEAR PARK ACTION PROGRAM WHEREAS, the Land and Water Conservation Fund Act (LAWCON) and the State Natural Resources Fund Act provide for grants to assist local public bodies in the acquisition and development of outdoor recreation; and WHEREAS, the Rules and Regulations for LAWCON and the State Natural. Resources Fund grants are conditioned upon an application meeting certain criteria; and WHEREAS, in order for a proposed project to be eligible for approval there must be proof that it is part of the Comprehensive Outdoor Recreation Plan and a five-year action program (Capital Improvement); and WHEREAS, the City of Lake Elmo has an original or revised five-year action program, which includes DeMontreville Park: NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the Mayor and Clerk are hereby authorized and directed to execute and to file the five-year action program with the State of Minnesota Office of Local and Urban Affairs and the State Planning Agency. Adopted by the City Council this 20th day of April, 1976. Maynard L. Eder, Mayor ,Attest: R Donald Mehsikomer, Clerk R-76-11 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION ORDERING IMPROVEMENTS ^ SURFACE WATER CONTROL PROJECT II (1976) WHEREAS, a Resolution of the City Council of the City of Lake Elmo adopted April 1, 1976, fixed the date for a Council hearing on the proposed public im- provement pursuant to Chapter 429 of the Minnesota Statutes referred to as the Surface Water Control Project II (1976) as described in the report and plan pre- pared by the City Engineer with respect thereto; and WHEREAS, after due notice and according to law said hearing was held on the 20th day of April, 1976, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Council has considered in great detail the said Engineer's report and plan, the advice of its Engineer, the advice of the Department of Natural Resources and the Valley Branch Watershed District, and the evidence presented by other interested persons: NOW, THEREFORE, BE IT RESOLVED, that the City Engineer and other City officers and employees are hereby authorized and directed to proceed, immedi- ately, with the following described part of the proposed surface water control improvement, all of which the Council deems necessary and appropriate to pre- vent substantial flood damage and to preserve public and private ,property within the City of Lake Elmo, subject to the conditions and restrictions here- inafter set forth: 1. The City Engineer shall pump water, as proposed in the said plan, from Lake Jane to Berschens Pond and from Berschens Pond to the City Park Pond until either a maximum of 150 acre feet of water have been removed from Lake Jane or until a total of 360 hours (15 days) of pumping from Lake Jane has been completed, whichever occurs first. 2. Said pumping from Lake Jane shall be in accordance with the terms and conditions of the easements granted to and accepted by the City by affected property owners and in accordance with all the terms and conditions of the permit therefor issued by the Department of Natural Resources. 3. All pumping from Lake Jane shall cease for the purpose of permitting the City Council to re-evaluate the need for continued pumping, and no further pumping shall be started until further order of the Council on the occurrence of any of the following events: (a) The level of water on Lake Jane drops to 922 feet above sea level or below. (b) The water level on Sunfish Lake rises to a level of 694 feet above sea level (the same being 1.5 feet below the estimated ordinary high water level R-76-11 determined by the Department of Natural Resources to be the permissible level for purposes of the said pumping ( permit). (c) The City Engineer determines that continued pumping may result in substantial damage to public and pri- vate property not warranted by the damage to be aver- ted by pumping. d. During any said periods of pumping the City Engineer shall: (a) Monitor water levels on Lake Jane and Sunfish Lake. (b) Initiate and maintain erosion control measures to prevent any detrimental erosion from occurring in or near the areas of pumping - including the exten- sion of the pipes used for pumping South from Lake Jane Trail to keep water from flowing onto the abutting Slinde and Berschens property and the ex- tension of the pipe running into the City Park one pipe length beyond the pipe extension used during the emergency pumping of 1975. (c) Initiate and maintain noise pollution controls in- cluding, but not limited to, the installation of new mufflers on the pump to be used, / 5. In view of the concern of a substantial number of residents made evident ` by the appearances and petitions presented at the said public hearing, the City Council determines that it is important and appropriate to state its intention with respect to the following matters: (a) It is the intention of the City Council, subject to actual determination of benefits received, at the pro- per time in these proceedings, and after an assess- ment hearing, to assess the cost of the project ordered herein against those properties on Lake Jane and areas between Lakes Olson and Jane lying within the flood plain, which properties, at this time, appear to be those which will be preserved in value because of said project and hence benefit substantially and directly therefrom. (b) It is the intention of this Council to continuously review during the course of this project the reports of its Engineer and intervene if necessary to ter- minate the project at such time as it appears to the Council that the purpose of minimizing flood damage will no longer be served by continuing the project or at such time as it appears that any further ease- ments or permits deemed necessary by the City Council to continue the pumping are not expected to be granted to the City as needed or in the event any easements or permits deemed necessary by the City Council for the pumping, and presently available, are revoked or ter- minated by the grantors thereof. C R-76-11 6. The City Council hereby determines that on the basis of the evidence presented to it by its City Engineer, the Valley Branch Watershed District and the Department of Natural Resources: (a) That the present high lake levels and surface water conditions within the City of Lake Elmo are caused by a natural increase in ground water levels as a result of unusually high precipitation in the last few years; and (b) That the emergency flood control measures undertaken by the City in 1975 succeeded in avoiding flood damage by controlling and managing the natural flow of water without altering its ultimate disposition. It is the intention of the City Council that all surface water control measures undertaken as part of the project ordered by this Resolution shall be conducted so as to achieve a similar result. Adopted by the City Council this 23rd day of April, 1976. M and L. Eder, Mayor Attest: Donald Mehs(ikomer, Clerk R-76-12 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO PLANNING FOR TEMPORARY AND PERMANENT FLOOD WATER CONTROL IN THE CITY OF LAKE ELMO WHEREAS, the City Council of the City of Lake Elmo has recently engaged in an extensive study of flood water control problems in the City of Lake Elmo and has approved a temporary flood water control project in the City of Lake Elmo for the year 1976; and WHEREAS, the City Council of the City of Lake Elmo has determined that permanent and long range solutions to the problem of control of flood waters and the prevention of damage from flood waters are to a large extent beyond the jurisdiction and responsibility of the City of Lake Elmo. The control of surface waters and flood prevention within the City of Lake Elmo falls within the jurisdiction of the Valley Branch Watershed District. As a special pur- pose governmental agency, the Valley Branch Watershed District has both the power and authority to construct and maintain flood control facilities within the entire watershed and to spread the cost thereof among those benefited by the projects within the entire District. The flood• -proofing of homes and other private improvements built- within the flood plain in the City of Lake Elmo is primarily the responsibility of the private property owner, except to the ex- tent that the City is able to provide direction and guidance to such private property owners through its building codes, shoreland management ordinances and other regulations intended to insure that any flood -proofing or other work performed on private property will be performed in such a manner as to avoid flood damage in the future. The Minnesota State Department of Natural Resources has the power and authority to establish certain guidelines for private property owners and the Valley Branch Watershed District in their efforts to meet their responsibilities by establishing ordinary high water levels on bodies of public water; and WHEREAS, it appears important and appropriate for this City Council to adopt for the City a policy with respect to future control of flood waters and prevention of flood damage within the City so that responsible govern- mental agencies or private property owners shall not, hereafter, refrain from acting in accordance with their official responsibilities or private interests expecting that the City of Lake Elmo will be able to act, in times of flood, to prevent damage to private property because of jurisdictional limits on the powers of. the City and the inability of the City to find appropriate methods for financing flood control projects caused by activities beyond its boundaries makes it appear increasingly unlikely that the City of Lake Elmo will have the legal or fiscal ability to undertake temporary measures to prevent flood damage in the future: IT IS, ACCORDINGLY, RESOLVED, by the City Council of the City of Lake Elmo, as follows: C R-76-12 1. The City Council has determined that it is in the public interest to have the Commissioner of Natural Resources establish the natural ordinary high water level of each significant body of public water in the City of Lake Elmo - establishing at the earliest possible date in 1976 the natural ordinary high water level for Lakes DeMontreville, Olson, Jane, Sunfish, Eagle Point, Horse- shoe and Elmo and the several ponds lying between Lakes Olson and Jane, all as provided by Section 105.43 of the Minnesota Statutes. The Council by this Resolution renews its request for an early establishment of said water levels by said Commissioner and understands that the Department of Natural Resources is now accumulating the information necessary for the Commissioner to make his determination and establish such levels. 2. It is hereby declared to be the policy of the City Council to comply with the request of the Department of Natural Resources and the conditions im- posed by said Department in the permit issued for temporary pumping from Lake Jane and begin, immediately, enforcing,by appropriate legal action after notice, compliance with the ordinances of this City, the regulations of said Department and the Minnesota Pollution Control Agency, and other applicable laws and regulations relating to individual sewage disposal systems on or near public waters within the City of Lake Elmo. 3. The City Council hereby urges the Valley Branch Watershed District as the public agency having direct authority and responsibility for control of surface water and prevention flood problems in the City of Lake Elmo to complete its Overall Plan revision by July 1, 1976, and to proceed, as quickly as may be permitted by law, with such temporary and permanent flood control projects as are necessary to prevent future flood damage in the City of Lake Elmo and levying or assessing the cost thereof in a fair and equitable manner throughout the en- tire Watershed District, based on consideration of the benefits received by any particular property and the contribution to flood problems caused by the present or potential use of various properties within the District. 4. It is hereby declared to be the policy of this City, to encourage and foster the permanent reconstruction or relocation of homes and other substantial improvements located within the flood plain and, to this end, ;it shall be the policy of the City to assist in the financing of such improvements for the pur- pose of preventing flood damage through the sale of bonds, if necessary, and assessment of the cost of such financing against the property receiving the benefit of the improvement upon petition by the property owner seeking such assistance and establishing the need therefor. 5. It is hereby declared to be the policy of the City of Lake Elmo, to secure, where possible, grants-in-aid from the State and Federal government to assist in paying any expense the City has incurred in connection with its effort to prevent flood damage whether temporary or permanent, including any temporary flood control projects ordered during the year 1976, and the City has accordingly directed its officers and employees to make appropriate investigations, and where practical, make application for such grants-in-aid. Adopted by the City Council this 23rd day of April, 1976. Attest: w k e �t w-r- Mayn L. Eder, Mayor Donald Mehsi}(omer, Clerk R-76-13 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING APPROVAL OF COMPREHENSIVE SEWER PLAN BY METROPOLITAN WASTE CONTROL COMMISSION WHEREAS, the City of Lake Elmo on May 4, 1971, adopted a comprehensive plan for the collection, treatment and disposal of sewage within said City entitled "Report on Sanitary Sewer System Development Plan for Lake Elmo, Minnesota - 1971" and submitted that plan to the Metropolitan Sewer Service Board for its review and approval as required by Section 473C.06, Subdivision 3 of the Minnesota Statutes; and WHEREAS, the said Board, now reorganized as the Metropolitan Waste Control Commission, has, despite the passage of five years, neither approved nor dis- approved said plan or any part thereof; and WHEREAS, it appears that under the provisions of 473.513 of the Minnesota Statutes, the City of Lake Elmo is prohibited from constructing any new sewers or other disposal facilities or making any substantial alteration or improvement of any existing sewers or other disposal facilities until said plan, or an appropriate revision thereof, is approved by the Waste Control Commission; and WHEREAS, it appears to this Council that with the passage of each year, there is a growing need for the City to construct new sewers or other disposal facilities or improve existing sewers or disposal facilities in the City of Lake Elmo in order to meet the health needs of the City and to avoid pollution of ground and surface waters: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the Metropolitan Waste Control Commission be, and the same is hereby, urged to act diligently and purposely to fulfill its Statutory obligations and review and approve the said comprehensive sewer plan of the City of Lake Elmo. BE IT FURTHER RESOLVED, that the City Clerk mail copies of this Resolution to the office of the Metropolitan Waste Control Commission, to each member of said Commission, to the offices of the Metropolitan Council, to Ms. Opal Peterson, member of the Metropolitan Council, to those State Legislators whose districts include the City of Lake Elmo and such other persons as the Clerk shall deem appropriate. 1976. Adopted by the City Council of the City of Lake Elmo, this I&t-h day of May, 1. eze."') Attest: Mayna L. Eder, Mayor Donald Mehsikom , Clerk R-76-14 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING BIDS FOR SALE IN .ADVANCE REFUNDING OF 1974 GENERAL OBLIGATION PARK BOND ISSUE WHEREAS, The City Council has heretofore authorized the advance refunding of $739,000.00 General Obligation Park Bonds issued in 1974; and WHEREAS, bids have been received for the purchase of said refunding bonds and the bid of Allison -Williams and Dain, Kalman and Quail, Inc. being the low bid in that it is a bid of a net interest rate to the City of 5.9573 per cent, is hereby accepted and sale of the refunding bonds to said low bidder, Allison -Williams and Dain, Kalman and Quail, .Inc. is hereby authorized. NOW, THEREFORE, BE IT RESOLVED, that the City's fiscal agent, Juran & Moody, Inc. and the Mayor and Clerk are authorized and directed to proceed with the closing of the sale. Adopted by the City Council this 20th day of April, 1976. maynar4 L. Eder, Mayor ^ Attest: Do:aald Me_hs mer, Clerk R-76-14 CITY OF LAKE ELMO WASNINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING BIDS FOR.SAM IN ADVANCE REFUNDING OF 1974 GENERAL OBLIGATION PARK BOND ISSUE WMMAS, The City Council has heretofore authorized the advance refunding of $739,000.00 General Obligation Park Bonds issued in 1974; and WHEREAS, bids have been received for the purchase of said refunding bonds and the bid of Allison -Williams and Dain, Kalman and Quail, Inc. being the low bid in that it is a bid of a net interest rate to the City of 5.9573 per cent, is hereby accepted and sale of the refunding bonds to said low bidder, Allison -Williams and Dain, Kalman and Quail, Inc. is hereby authorized. NOW, THEREFORE, BE IT RESOLVED, that the City's fiscal agent, Juran & Moody, Inc. and the Mayor and Clerk are authorised and directed to proceed with the closing of the sale. Adopted by the City Council this 20th day of April, 1976. MAYNARD L. EDP�R Maynard L. Eder, Mayor Attests DONALD MEHSIKOMER Donald Mehsikomer, Clerk— .01-av k LKMMIVAU'kill, 5111IM" YOiA I Q WII" "J. Wh QVH a! OMAN ..-bass AM UOUMPIr"'.0 WS Mad yNbouloy AMU in OUSIMS, awl 10, bevicoax nosd evzd mold NkuhaM g r - k wo�E 0.'�J PON Onx 110MQ bum nzadnx piAU bw ydazod A MeD log AME A YHO 061 Od MM jewo"Al son as 10 via a n! jud'! Una amellIM-nonICIA lawbid W01 WA�u c):f OHM palbanlys odd to 'IL M Lou haj,M)"', WSKOHIMS ydonod A =1 Wanp wn =IZA 100 ' eIVIN Ods ism! 5 zidl X131W basno, at W"Umb .IS Ma 10YAM .6i out .Sxzo 00S 10 NO! jKqA 10 'M viol ahl; 1 <M(1 I IT %OYCN lows Q Ananys! RdMOXj R--76-15 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING SALE OF .11 ACRE TRACT OF LAND TO LAKE ELMO HARDWOOD LUMBER COMPANY WHEREAS, the City Council has heretofore negotiated with Lake Elmo Hardwood Lumber Company with respect to a triangular tract of land on the southerly edge of Lions Park which tract of land is approximately .11 acre in size. The City has heretofore indicated a willingness to sell said tract of land to Lake Elmo Hardwood Lumber Company at its appraised value of $1750.00 provided Lake Elmo Hardwood Lumber Company improved the drainage of water from its property so as to protect the tennis courts in the adjacent park property; and WHEREAS, it appears that the said triangular piece of land is of no value to the City park but it would be of substantial importance to the City to have Lake Elmo Hardwood Lumber Company improve the drainage from its property so as to pro- tect the City park; and WHEREAS, the City Park Advisory Committee has approved the sale of said trian- gular piece of land to Lake Elmo Hardwood Lumber Company on such conditions as may be necessary to insure that Lake Elmo Hardwood Lumber Company will improve the drainage of surface water from its land so as to protect the City park property: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo hereby authorizes the sale of said triangular tract of land being approximately eleven hundredths of an acre in size to Lake Elmo Hardwood Lumber Company for tkec price of $1750.00 per acre. BE IT FURTHER RESOLVED, that the proceeds of said sale are to be deposited in the City park funds. Adopted by the City Council this 18th day of May, 1976. ZZAJ May and L. Eder, Mayor Attest. Donald Mehs'Y� Omer, Clerk t R-76-15 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING SALE OF .11 ACRE TRACT OF LAND TO LAKE ELMO HARDWOOD LUMBER COMPANY WHEREAS, the City Council has heretofore negotiated with Lake Elmo Hardwood Lumber Company with respect to a triangular tract of land on the southerly edge of Lions Dark which tract of land is approximately .11 acre in size. The City has heretofore indicated a willingness to sell said tract of land to Lake Elmo Hardwood Lumber Company at its appraised value of $1750.00 provided Lake Elmo hardwood Lumber Company improved the drainage of water from its property so as to protect the tennis courts in the adjacent park property) and WHEREAS, it appears that the said triangular piece of land is of no value to the City park but it would be of substantial importance to the City to have Lake Elmo Hardwood Lumber Company improve the drainage from its property so as to pro- tect the City parks and WHEREAS, the City Park Advisory Committee has approved the sale of said trian- gular piece of land to Lake Elmo Hardwood Lumber Company on such conditions as may be necessary to insure that. Lake Elmo Hardwood Lumber Company will improve the drainage of surface water from its land so as to protect thecCity park property# NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo hereby authorizes the,sale of said triangular tract of land being approximately eleven hundredths of an acre in site to Lake Elmo Hardwood Lumber Company for Met price of $1750.00 per acre. B1: IT FURTHER RESOLVED, that the proceeds of said sale are to be deposited in theCcity park funds. Adopted by the City Council this 19th day of May, 1476. MAYNARD L. EDER Maynard L. Eder, Mayor - Attest: DONALD MEHSIKOMER Donald Mehsikomer, Cleric �� di- I T- I, OUMAJOIN of Y fluTi iy'-Loka4'j ;')oov)'�u'l' Omni WK 19X010j0Xth MO XISUMOW VjQ MU QWQWi to upon y1xvAlvou in GO babi to ;Duos C;"iW 'ii_6(!vi�'Q IV" yNn WT 'vSK A uluz W LOM to 10611 "01AW a1mv vul>Q WOOMM oa% DAW 01 0051 10 IWAK Was Ewa oj "esnevillie! XAMM MWh7sh omid unni b6biva, 00.010v to vMv )I, ya. 5('pioj Mae! 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An', —t (IRAVYMI, Gundal-, AgNoxiaHim UIANOU R-76-16 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLLS WITH RESPECT TO SURFACE WATER CONTROL PROJECT I AND ORDERING HEARING THEREON WHEREAS, the City Council of the City of Lake Elmo has completed that certain public improvement project designated as Surface Water Control Project I as ordered by the City Council under its Resolution R-75-25 adopted July 15, 1975; and WHEREAS, the City Council ordered said improvement pursuant to the pro- visions of Chapter 429 of the Minnesota Statutes in order that the cost of said improvement might be assessed against the property benefited thereby; and WHEREAS, the City Council has considered the recommendation of its assess- ment review committee and its Consulting Engineer with respect to the benefits received by each lot, piece or parcel of land affected by the said project: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. It is hereby determined that the City of Lake Elmo shall pay no part of the cost of said project, except such amount as it may pay, if any, as a property owner because the City of Lake Elmo has heretofore paid out of general revenue substantial costs relating to surface water control for the benefit of the same properties prior to the initiation of the said project. 2. It is hereby determined that the cost of said improvement to be specially assessed is declared to be $31,228.82. 3. That the City Clerk, with the assistance of the City Engineer, is hereby directed to complete the assessment rolls in accordance with the pro- posals presented to the Council which assessment rolls shall provide for the payment of the amount to be specially assessed against each assessable lot, piece or parcel of land, without regard to cash valuation, in accordance with the provisions of Section 429.051 of the Minnesota Statutes and other applicable law, over a period of five (5) years with interest at the rate of seven and a half (73,2) per cent per annum. The said assessment rolls shall be completed by the Clerk and Engineer and filed in the office of the City Clerk and be open to public inspection at least two (2) weeks prior to July 8, 1976. 4. A hearing shall be held on the 6th day of July, 1976, in the City Hall in the City of Lake Elmo at 8:00 o'clock p.m. to pass on the proposed assessment and at such time and place all persons owning property affected by such improvement shall be given an opportunity to be heard with reference to said assessment. 5. The City Clerk is hereby directed to cause notice of the hearing on the proposed assessment to be given according to law, in substantially the form annexed hereto as Exhibit "A". Adopted by the City Council this 18th day of May, 1976. Attest:-J Maynard Eder, Mayor Donald Mehsi omer, Clerk CITY OF Lan ELMO WASHINGTON COUNTY® MINNESOTA NOTICEOf the City of Lake Elmo will meet at MO o'clock City to pass on the proposed assessment for the public improvement project known as Surface Water Control Project I which project Yea the temporary pumping .m Lake Jane to the City park propertyupstreamLakei -A conduit ditch from Door Pond to i= of Eagle Point Lake in Sections 13 and 24 for possible flood problems; clearing, replacing and adding culverts where needed in areas of pumping to avoid flood damage; Installation and removal of floodcontrol facilities; and restoration of,land affected thereby; all of the same having been performed between July ♦ September �C 7 Every lot, piece or parcel of land benefited by said project which lies within the Southwest Quarter (SWk) of Section Sour (4), the Southeast Quarter (SEA) of Section Five (5), the Northeast Quarter (NEW of Section Eight (8), Section Nine (9) and the West One-half (A) of Section Ten (10) all in the City of Lake Elmo. The proposed assessment roll is on file for public inspection in the office of the City Clerk. Written or oral objections will be considered at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes Section 429.081 by serving Notice of Appeal on the Mayor or Clerk of the municipality within twenty (20) days after the adoption of the assessment and filing such notice with the District Court within ten (10) days after service upon the Mayor or Clerk. Dateds June 9, 1976. DONALD MEHSIKOMER Donald Mehsikomer, City Clerk ONJA RAW 10 AM 1:41 AM ZVI %6028mw'? U."," 001 i,_a oy rr.!' D r. i➢ a $$Bduo"yt't' a'.) :.:i$ :4d IFT, Rj'(Y4,vli; �:" Aa H HI_3X d9)P.s .''t4'l's n, 6IAH v;4,'r 3 ds in g6 F�,d Q Y M no aM.`^ KNOW 001 :its MGM 1.1xv, .: a j_olq 219fBmaCiQ73r`SS°u°i- r .xf{ffCf ,..:.j' A0.. 1'1`a:7g4F:Roo ss S3Va0fsi>7q 1.'f:o an Y'azq 01 1" °S'-: 'isa'.i€i7iTisawy 00e beiiXiyt"n! 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A: Vv1.W ".11.'!.t`/ '.rfi :a) .tom #blan Id x 50010.10 0.1 W1 lo l:aonz { 0 noviv gVol s t Vy to Nlt ;y ni'$..$ KNOW aDIS a-13;K, k;1.tSd a(Z) E3'tl.i.I d'i('l;ie9ar`' to QRR) 101'Xf$fJp. j un3a'$'P.4a.'k a3d`€j 'S^LKI, (p) k83 K $LI}ia€'sw3k '({) SAYN SgiYt;.'5oatl' 10 (;32M) a:y 3 Who fir S (of) !"iifT i'de.„ays 10 (04) PQR Oita 01„1eJ.ol not 001 U0 Q Kay j Sf.?lfCcs:dd`a5.'an b ,,;au,sC, q radi:3.' .p"Lr'ti"Sni.d''d'.{ )rink in boyo'.PesTnow Od Mw nV01100teo K7,Zxo no d3+ WW", OJ ::i131:6Pe',lvq MOD k.:7.i. x.". N "}S{.Y € 1 :,i'dAEif2Au44„nsin lifs frie >:j-s vA `:tt7yr'M. ' f;l fit) Ix"'a qA 0 .3:kMN 1l"{.} ISS ye f8000 rfo! F 02 ONUIBIA A::dS7tt03: Cd3 1, ',ko f(4al.J'+5L'biJ3 ;xl?.',; yojar :.}?,..';r (ON) I;SSiowj 1djdlMLi tjAkI p,{!J'af;vm :7i$_1 No -.._800 to sinr HIM 9 „}1:g'^.;r- W4M.Lf_i 541 Asia 0000s doom i.F"Wh ban a'Siwrcu2a.F, 011 -}';sks wo :fCtjam F3hi 61ogo :3:7.A➢ y0a :tL'3;i`l.t' a .1.?k.1 (01 ) 1q,9M0. TS'Dfu;TM GIA000 R-76-16(a) RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING TWO ELECTION PRECINCTS FOR THE CITY OF LAKE ELMO WHEREAS, the number of voters in the City of Lake Elmo has been increasing steadily and has now reached the point where, according to the City Clerk, it is inconvenient for all voters to vote at the. same polling place; and WHEREAS, Section 204A.06 of the Minnesota Statutes provides that this Council may establish more than one election precinct by resolution adopted before the next ensuing election; and WHEREAS, the next, election in this City appears to be the State primary election to be held September 14th, 1976, which date is more than ninety (90) days from the date hereof; and WHEREAS, this Council feels it is important to make voting as fast and easy as possible so as to encourage all eligible voters to participate in each election within this City and, also, so as to relieve the burden on the dedicated citizens who serve as election officials; NOW, THEREFORE, BE IT RESOLVED as follows- (1) The City Council hereby determines that it is necessary and appropriate to create two election precincts in the City of Lake Elmo. (2) The City Council hereby determines that the most visible and clearly recognizable physical feature which would have the effect of dividing the number of eligible voters in the City of Lake Elmo into two approximately equal groups would be the railroad tracks of the Chicago and Northwestern Transportation Company which tracks run in a generally east -west direction through the City. (3) The said railway which is designated in red ink on the map attached hereto and made a part hereof as Exhibit "A" is hereby determined and declared to be the division line between the two election precincts in the City of Lake Elmo; all that part of the City of Lake Elmo lying south of said railway right- of-way shall be, and is hereby, declared to be election precinct 1 of the City of Lake Elmo; all that part of the City of Lake Elmo lying north of said rail- way right-of-way shall be, and is hereby, declared to be election precinct 2 of the City of Lake Elmo. (4) A copy of this Resolution shall be forthwith filed in the office of the City Clerk and the City Clerk shall post notice of the election precincts created hereby at least sixty (60) days prior to September 14,1976, which date is hereby declared to be the effective date for the establishment of the election precincts created hereby. (5) The City Clerk is hereby directed to mail copies of this Resolution with the attached notice to the Secretary of State of the State of Minnesota, the State Demographer and the County Auditor. k-76-16 (a) (6) The Clerk is hereby directed to study and recommend to the Council the most appropriate location for polling places in or near said election precincts as pro- vided by law; said recommendations shall be made to the Council at least thirty (30) days prior to the next election at which said election precinct designation will be effective - namely, September 14, 1976, so as to enable this Council to establish appropriate polling places by resolution in sufficient time to notify eligible voters of the proper polling place. Adopted by the City Council this 18th day of May, 1976. 4 �. t C'-U' Maynar L. Eder, Mayor Attest: Donald Mehsikomer, Clerk gQ �Ror[RTr 1 a g MVM�ERO p 400 v M WM ST % ton r N IN=f R J ///�iI •��r _IJLJ�_ i iil� Is i-'s 6 i i' s a v II a i s ■- HllD$oN • BLvo • j � I i LAKE ELM® i EXHIBIT "A" I ROIArI'IEX1, . R7 6 --17 CITY Or zoo. J200 WASHIKVTON COUNT`rl., MMUM TA A RESOLUTION PERTAINI%G TO THE ASSESSN£NT Op FLOOD DAMAGED LANDS WHEREAS, the City Council of the City of Lake Elmo has reviewed thip report of its.board of Review relating to the assessment of lands for tax purposes in the City of bake Elmo and finds a number of requests for re- duction in assessed valuation have been made on the grounds th#t the property has been damaged by flooding in recent years and has, as a result, been reduced in market value; and WHEREAS, the City Council is aware of other areas in Washington County in which property has been damaged by high water; and WHEREAS, the City Council understands that it is the obligation of the County to maintain equal valuations and tax assessment procedures with the County: NOW, THEREFORE, BE IT.id390,M, that the City Council of the City of Lake Elmo hereby requests that the W"hington County Board of Commissioners establish a standard for adiustoq values abd assessing lakeshore lots which will take into Account the affect of MW damage on such property, whether or not improved, and instruct the County Assessor to make such ad- justments as may be appropriate an a County-wid=. basis but in no case shall a reduction in value be greater than fifteen (15) per oent of the actual market value of the property after taking into account such damage. Adopted by the City Council this lot aLey.of J1nne, 1976. t �%YWM L. RDER - L. Eder,mayor Attest: DONALD MEHSIKOMER Donald Mehsikomer, Clerk STATE OF MINNESOTA � COUNTY OF WASHINGTON CITY OF LAKE ELMO ) I hereby certify that I have compared the foregoing copy of Resolution R-76-17 with the original thereof contained in the records of my office and I find said copy to be true, correct and coWIOU. Dated: , 1976. Donald kahsihmer, Clerk - R-76-17 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION PERTAINING TO THE ASSESSMENT OF FLOOD DAMAGED LANDS WHEREAS, the City Council of the City of Lake Elmo has reviewed the report of its Board of Review relating to the assessment of lands for tax purposes in the City of Lake Elmo and finds a number of requests for re- duction in assessed valuation have been made on the grounds that the property has been damaged by flooding in recent years and has, as a result, been reduced in market value; and WHEREAS, the City Council is aware of other areas in Washington County in which property has been damaged by high water; and FMREAS, the City Council understands that it is the obligation of the County to maintain equal valuations and tax assessment procedures with the County: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fake Elmo hereby ;requests that the Washington County Hoard of Commissioners establish a standard for adjusting values and assessing Lakeshore lots which will take into account the effect of flood damage on such property, whether or not improved, and instruct the County Assessor to make such ad- justments as may be appropriate on a County -wide basis but in no case shall a reduction in value be greater than fifteen (15) per cent of the actual market value of the property after taking into account such damage. Adopted by the City Council this let day of June, 1976. MAYNARD L. EDER Maynard L. Eder,Mayor Attest: DONALD MEHSIKOMER Donald Mehsikomer, Clerk STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF LAKE ELMO ) I hereby certify that I have compared the foregoing copy of Resolution R-76-17 with the original thereof contained in the records of my office and I find said copy to be true, correct and complete. Dated: , 1976. Donald Mehsikomer, Clerk R-76-17 RESOLUTION CITY OP' LAKE ELMO r WASHINGTON COUNTY, MINNESOTA A RESOLUTION PERTAINING TO THE ASSESSMENT OF FLOOD DAMAGED LANDS @' WHEREAS, the City Council of the City of Lake Elmo has reviewed the / report of its Board of Review relating to the assessment of lands for tax purposes in the City of Lake Elmo and finds a number of requests for re- duction in assessed valuation have been made on the grounds that the property jhas been damaged by flooding in recent years and has, as a result, been reduced in market value; and WHEREAS, the City Council is aware of other areas in Washington County in which property has been damaged by high water; and WHEREAS, the City Council understands that it is the obligation of the 1 County to maintain equal valuations and tax assessment procedures with the County: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo hereby requests that the Washington County Board of Commissioners establish a standard for adjusting values and assessing lakeshore lots which will take into account the effect of flood damage on such property, whether or not improved, and instruct the County Assessor to make such ad- justments as may be appropriate on a County -wide basis but in no case shall a reduction in value be greater than fifteen (15) per cent of the actual market value of the property after taking into account such damage. Adopted by the City Council this 1st day of June, 1976. Maynard L. Eder,Mayor Attest: Donald Mehsikomer, Clerk y . ' f C R-76- i 6 RESOLUTION CITY OF LAKE ELMO WASIiINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING A REVISED COMPREHENSIVE PLAN FOR THE CITY OF LAKE ELMO; ESTABLISHING THE SAID PLAN AS THE PRINCIPAL EXPRESSION OF MUNICIPAL POLICIES IN GUIDING THE PHYSICAL DEVELOPMENT OF THE CITY, AND PROVIDING FOR PERIODIC REVIEW THEREOF WHEREAS, all the Commissions, officially appointed Committees and staff of the City of Lake Elmo have reviewed and recommended to the City Council the adoption of a Comprehensive Plan for the City; and WHEREAS, public hearings have been held and all citizens and property owners of the City of Lake Elmo have had an opportunity to attend formal pre- sentations of said Plan and to be heard with respect thereto; and WHEREAS, the City of Lake Elmo has submitted the said Comprehensive Plan to the Metropolitan Council for its review and, in accordance with Section 473B.061, Subd. 4 of the Minnesota Statutes; and WHEREAS, the time for review of said Plan by the Metropolitan Council has expired and the Metropolitan Council has made no comment thereon; and WHEREAS, the City Council has carefully studied said Plan, considered the recommendations of all those who have reviewed the Plan or commented thereon and made appropriate adjustments to said Plan to accommodate the needs and desires of the citizens and propertyowners of the City of Lake Elmo; and WHEREAS, the said Plan has been studied and reviewed and public hearings have been held as required by law: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the document consisting of text, maps and tables, entitled, "Lake Elmo Comprehensive Municipal Plan" and dated 1976, is hereby adopted as the Comprehensive Plan for the said City within the meaning and as provided by Section 462.355 of the Minnesota Statutes BE IT FURTHER RESOLVED, that said Comprehensive Plan establishes a reason- able and appropriate basis for the regulating physical development within the City of Lake Elmo as provided by the laws of the State of Minnesota, including zoning and subdivision regulations and all other official controls provided by law. Thus, any proposed amendments to existing zoning or subdivision regula- tions or existing official controls or any proposed regulations or official controls should be reviewed for conformance with the goals and policies es- tablished by this Comprehensive Plan. IT IS FURTHER RESOLVED, that the City Council and the City Planning Commission and other responsible citizen volunteers, officers or employees of the City be charged with periodically reviewing the said Comprehensive Plan at appropriate times for the purpose of amending that Plan if amendments should R-76- IS be required to meet the changing needs of the City. Adopted by the City Council this 15th day of June, 1976. Maynard Y Eder, Mayor Attest: Donald Mehsik6mer, Clerk RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING MINOR SUBDIVISION APPLICATION OF RONALD BIRD WHEREAS, Ronald Bird, has made application for a minor subdivision approval permitting him to divide his 3.8 acre tract of land into two residential lots, one lot being 1.06 acres in size (containing his present residence) and the other being 1.24 acres in size (to be used for construction of a residence by his brother, Robert Bird); and WHEREAS, it appears that the question of minor subdivision falls within the provisions of Section 905.01 of the Model Subdivision Ordinance for Communities in Washington County adopted by Section 4.01 of the Lake Elmo Municipal Code of 1974 in that the application contemplates: 1. A division of a tract of land into only two parcels. 2. The lots are situated in a locality where the conditions are well defined because one of the proposed lots is already used as a residential building site and there remains only sufficient land for one additional build- ing site. 3. The proposed lots will in all respects meet the provisions of the City zoning and subdivision regulations: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the application of Ronald E. Bird for a minor subdivision as described above and on file with the City Clerk is hereby approved subject to a condition that the applicant have a certificate of survey prepared by a Registered Land Surveyor and file the same with the Clerk. BE IT FURTHER RESOLVED, that upon the filing of a certificate of survey as herein provided the Clerk is authorized and directed to approve,for recording with the Register of Deeds, instruments of conveyance necessary to effectuate the subdivision hereby approved. Adopted by the City Council, this lst day of June, 1976. MaynaFd L. Eder, Mayor Attest:,, 7 D nald Niehs omer, Clerk R-7, 18 (A) RESOLUTION CITY OF LAKE ELT40 WASHINGTON COUNTY, MINI4ESOTA A RESOLUTION APPROVING MINOR SUBDIVISION APPLICATION OF R014ALD BIRD WHEREAS, Ronald Bird, has made application for a minor subdivision approval permitting him to divide his 3.8 acre tract of land into two residential lots, one lot being 1.06 acres in size (containing his present residence) and the other being 1.24 acres in size (to be used for construction of a residence by his brother, Robert Birds and WHEREAS, it appears that the question of minor subdivision falls within the provisions of Section 903.01 of the Model Subdivision ordinance for Communities in Washington County adopted by Section 4.01 of the Lake Elmo Municipal Code of 1974 in that the application contemplates® 1. A division of a tract of land into only two parcels. 2. The lots are situated in a locality where the conditions are well defined because one of the proposed lots is already used as a residential building site and there remains only sufficient land for one additional build- ing site. 3. The proposed lots will in all respects meet the provisions of the City zoning and subdivision regulations: NOW, TRERHiFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the application of Ronald E. Bird for a minor subdivision as described above and on file with the City Clerk is hereby approved subject to a condition that the applicant have a certificate of survey prepared by a Registered Land Surveyor and file the same with the Clerk. BE IT rURTHER RESOLVED, that upon the filing of a certificate of survey as herein provided the Clerk is authorized and directed to approve,for recording with the Register of Deeds, instruments of conveyance necessary to effectuate the subdivision hereby approved. Adopted by the City Council, this lot day of June, 1976. MAYNARD L. EDER Maynard L. Eder, Mayor Attests DONALD MEHSIKOMER Donald -,Clerk ���� 61 C+ ('1 Cl,,lt't d; ; fir`! dY'-)!HJOD Y3gi'$"ay"'I.k3i"+i bSOS_c, tUiTti UR ROM :P1 DAIVi:Sf. IR MOI.i.'[JsiMA A It,va:aq, volwolbdue saal2 z You eaaWASq, Amm md JAI -a bUmsd ,aAaF34LF, ,aJ<oI Iut,:3as blaon owl o1ni bazI Id: 3ommi e oB BA W a7bA'.4'l..l' od W.d Paul axaq WAo aalf buz Qoaaabiasx Moa;anq +' A VulaWaaca) esiz al memo3 00.1 paled jai saan nit +7d e0a:€6500, s to aaoMaa;ylea0w you beau ad d») sllu ra! aamm IRA paled can a (baild .4;aWOR y4 c=;aiioldi n.ta;:IAW z llZI a a0.Pa.ssv.k.Fa:: un ^aelAM 10 rza3.ttasoup NJ :.9ZA am agga 41 6 i;WHeUBW a Ijlr{rra€wow of DoazalbNo €Y5 Wvibom WoM sm Io IO.. 0Q "Asnoa as znolalvoxq ;add •ao aboo fzqlx:n.vM xamia saAhj a siS Uo I0v1 saoljoe^e d bra gabs YMOOD 001paaidedw A a a0jAi W ajn0o aaollavilggA nail 3..61 nl IVQI aIeamzq awn ylno wal WI 3o JDaW Z 10 axsasaN& A eI Raw am aaa.vai:J. haxc,.;a S41 ovs6w yfl mol as al b;alaaUfl a sub F 101 a€iT A IC.iars€sbkapx aI an bona ybsdav& Q aaJok baaBogoxq edi Io ono samaned beaallob bylydd ,Ifado.sJ}:W Ono aaal Fasas.k jaul illva y1no aula aea 010sii baaz eM paal.bliradd mils PS y1lo NJ to mWalvo sq aid l amour clue a:aa X& al IIlw aJsal boeogonq wyAT A a a',aadsWIs you MOIsalvladua bna e?aa.i:non exra R aaW Io JAD acid to Ie=€:3 Y.AD AN yd ®QaUi,'bL0199 1.1 Od &biiYWS? RT aUDVA mods bodliveah ac acla.ivATsWala soaalm B "idea'. bxlU .2 falsaaok Io xaaUnD llggs, odd 4afAb IM aaollIbnon as of Joss duaa bovoig4a ydeved sas aixz O yND os J si$K ell! no baz iajavayR ba AJ bavoJalpaX as yd fatjunq onq yavxata Ica mall1fa ; e A evsai hanoilgqu 941 s:si.xeN ad! a'iliv emna odl III baaA es yova°i v a 10 adS,s;al a 11100 s ` o PAIII ed t a oqu 1 sta:v.r a G!`rTd'Ks)WDf F:Ui%` HUNT `PI &i vaalb:s000n xcias:avolquL ad sie.fomlb ban ,b6slooaiimb sal 510I0 061 .boblvoxq Named a cr�ae � of y:z esoosa €0myovu0s 10 aalassmus.:eral wahrsy;i Is ma elpaag ON 410 Aevoigqk yd exe d a olalvibdue oil .,09 g enut to yab :Taal c laia jlk favac).D YlID add yci :aasd'ydabA _RaGa , S QAAKYAM a1MIA SiffNi03II8H;1M GSfil<OQ R-76-19 RESOLUTION CITY OF TAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING REQUEST TO DNR TO TRANSFER PUMPING PERMIT TO WATERSHED DISTRICT WHEREAS, The Valley Branch Watershed District has indicated a concern to continue an emergency pumping program for the berefit of the Tri-Takes area subject to flooding; and WHEREAS, The City of Lake Elmo heretofore secured a permit for such program from the Department of Natural Resources; and WHEREAS, The City desires to aid and encourage the Valley Branch Watershed District in undertaking responsibility for such emergency flood control projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Engineer is hereby authorized to apply to the Department of Natural Resources for extension of the said emergency pumping permit and is transferred to the Valley Branch Watershed District as Permitee. Engineer is authorized to make such application if and when requested by the Valley Branch Watershed District; provided, however, if any expenses to be incurred in connection with such application the engineer shall first seek approval of such expenditure from the City Councii, Adopted by the City Council this 15th day of June, 1976. Maynao Eder, Mayor ATTEST; donald Mehsi Omer, City Clerk R-76-19 RESOLUTION CITY OF 1AKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING REQUEST TO DNR TO TRANSFER PUMPING PERMIT TO WATERSHED DISTRICT WHEREAS, The Valley Branch Watershed District has indicated a concern to continue an emergency pumping program for the bass fit of the Tri-Lakes area subject to flooding; and WHEREAS, Tile City of Lake Elmo heretofore secured a permit for such program from the Department of Natural Resources; and WHEREAS, The City desires to aid and encourage the Valley Branch Watershed District in undertaking responsibility for such emergency flood control projects; NOW, THEREPORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Engineer is hereby authorized to apply to the Department of Natural Resources for extension of the said emergency pumping permit and is transferred to the Valley Branch Watershed District as Parmit4e. Engineer is authorized to make such applications if and whack requested by the Valley Branch Watershed District; provided, however, if any expenses to be incurred in connection with such application the engineer shall first seek approval of such expenditure from the City Couaacil. Adopted by the City Council this 15th day of. June, 1976. Maynard Eder, Nieyor ATTEST: Donald Mebsikomer, City Clerk K E1"TH03ST Ca`,d'()a>_.;T{PeS. M Y111LIOD isC)T'9iP11.d{ut°pY: TOXXr81 d UHHUiTAV vT :C;95 R31 ;4i4ISMU1 SA342KAVT Ur f OU UX Q eeiUNN Ti-,S%310I1Mh b4()1"ETTdO8,,U1 A m,smon n WARM eaf :aWMAQ budaWBW 4w,czvw0f X<a.d.IoV sdT 48AH U11 Wa.%u.:-c'.1 *JS to H s GM :add DA w aaneiq ga lgmuq 15Ru {• wra ns ovulanon w Kv€z so:R jlaaxaaq s 1a9n oze a°xolww as oaa N sgmJ to 131D sa T a8A,MR1 41{ S ; a9sumAiii:;?H _.d 0:4 2am 10 9a7WuvgSQ 3AJ moll maang aiq d>.ta= t&l eV j cjgae•.xuon"m i:.q b1z of eaxl<.W J13 :a T a1:laWHIR ,43o(ila vafaugua'ma ti;aoo _oS gplAaaa shou vi 301aaclu hedanafiaaw *alwstwq Imam 10 Valo ads to 3: °r invoD Y113 a*rl:d id Q3juW:,-1 ' T1 a e ut5dia`i:��s3i37° a WTOR W ov eggs 01 besa, "thus Tdoled al nosanl;e3 a 1313 &1 .12 ij oMl,"a as MMY vgaamogismo ar ra saris 10 a 0lan a3mg Vol aaga7a€mA fanu2asu 10 3ar:mQ0ga33 101a jala badauasaw iaumd y0sl av was of WA w1my, g0geumi ban It x0v3sos`:lggz doma :aim of bSx1x0£a3uaa. 21 aasrarlgaaa ,wojlran;oq ov, , baablvanq polisaaIG bodainjaW rla:a oag yeSKV oa 7 yd ➢s;adoo" ou "My Quay a3n1w noissmaannD ass; tamimaal sd of amsura w Xan al Q°x,v,:worl ;ati�r:. SMa•gge;.:3 adaua to .dawuwggA ;:see sayni JIaSaiC t-awlys 02 no1jt>a ggF1 Jff! en.OL 10 job 0111 LIS ? .:a ur 3 Iiij UQ Id da;a:Ygobil n ysK mbR bxmaynP. .. ATYA R-76-19.;(A) RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING APPLICATION OF CARL OLINGER FOR MINOR SUBDIVISION APPROVAL WHEREAS, Carl F. Olinger and A. Margaret Olinger have made application for minor subdivision approval under the provisions of Section 905 of the Model Subdivision Ordinance for communities in Washington County as adopted by Section 401 of the Lake Elmo Municipal Code of 1974 seeking approval of the City to subdivide certain lands in Government Lot Five (5) in Section Ten (10) in the City of Lake Elmo into three residential lots; and WHEREAS, it appears from the application on file herein, and the report of the City Planning Consultant that the subdivision approval requested by the applicantsfalls within the provisions of Section 905 of said Model Code, and that; 1. The proposed subdivision would not result in more than three new lots. 2. The conditions in the locality where they are situated are well defined in that the three lots in question would be located between already existing residential lots and the proposed minor subdivision would merely complete an existing neighborhood. Under such conditions it appears that the subdivision proposed by the applicants would result in a reasonable and proper use of the land in keeping with the already established uses in the neighborhood. 3. The three newly created lots will conform in all respects to the provisions of the zoning and subdivision ordinances of the City of Lake Elmo. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that said application of Carl F. and A Margaret Olinger establishing three new lots as a minor subdivision is approved and the said three lots may be subdivided as requested by the application and in accordance with the plans therefore on file with the City Clerk on the following conditions: 1. That the new lots be described in Certificate of Survey prepared by registered land survey and certified copies of said registered land survey be filed with the City Clerk. One of such copies shall be maintained at all times in the Clerks record and another copy shall be forwarded to the Valley Branch Watershed District. 2. That City Engineer review the proposed subdivision and determine whether any utility, drainage or similar easements are required by the City of Lake Elmo, �— I �- _ _ s r . �. j `_ _ _ S:' n R-76-19 (A) 3. That in the event any such easements are required by the City Engineer those easements shall be conveyed to the City by Deed of Easement, in a form satisfactory to the City Attorney. BE IT FURTHER RESOLVED, that upon filing of Certificates of Survey as aforesaid and delivery of properly executed Deed conveying to the City any easements required by the City Engineer, the City Clerk may approve for recording with the Register of Deeds any instruments of conveyance necessary to effectuate that subdivision. Adopted by the City Council this 6th day of July, 1976. Mayne Eder, Mayor ATTEST: W 1 Donald Mehs Omer, City Clerk C i R-76-20 0 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING APPLICATION OF JOSEPH F. MORIS, JR., ET AL, FOR SUB- DIVISION APPROVAL WHEREAS, said Joseph F. Moris, Jr. and Charlotte Rose Marie Moris, husband and wife, own a tract of land exceeding one hundred (100) acres in size in the Southeast Quarter (SE4) of Section Ten (10) in the City of Lake Elmo and said Donald Moris and Judith Ann Moris, husband and wife, being the son and daughter-in- law of said Joseph F. Moris, Jr. and Charlotte Rose Marie Moris, own as joint tenants a tract of land approximately four (4) acres in size located within, and entirely surrounded by, the said parents' land, which four (4) acres has been improved by the construction of a residential dwelling and has access to the public street known as 45th Avenue North by means of a private easement; and R-76-20 WHEREAS, said Joseph F. Moris, Jr. and Charlotte Rose Marie Moris now desire to convey an additional one (1) acre tract of land to Donald Moris and Judith Ann Moris so as to give the latter one contiguous tract of land of five (5) acres in size and desire to convey to their daughter and son-in-law, James M. Black- ford and Judith A. Blackford a five (5) acre tract of land adjoin- ing the land now owned and occupied by Donald Moris and Judith Ann Moris; and WHEREAS, present zoning of said land requires a minimum lot size of one (1) acre for each residential lot but the recently revised comprehensive plan of the City of Lake Elmo contemplates that the land which includes the said Owners' land will be designa- ted as an agricultural use district which would require a minimum size of five (5) acres; and WHEREAS, the said Joseph F. Moris, Jr. and Charlotte Rose Marie Moris also desire to subdivide one (1) acre from the said land owned by them in order to sell the farm house located on that land without selling the farm buildings which are used with the unimproved land; and WHEREAS, all of said Owners have petitioned the City of Lake Elmo for a variance from the provisions of its subdivision regula- tion which requires that all residential lots fronton a dedi- cated public street and the provisions of said subdivision ordinance which require the installation of public streets improved to hard surface standards to serve all newly subdivided residential lots; and -2- R-76-20 WHEREAS, said Owners have requested such variances on the grounds that they are creating large lots which meet the agri- cultural use district standards proposed by the City's newly revised comprehensive plan (even though said large size lots would not yet be required by the present City subdivision ordinance) and that a private road is adequate to serve such rural size lots provided the City has all necessary right of passage thereon for any public purpose; and WHEREAS, the City Council of the City of Lake Elmo has con- sidered the Owners' application for these variances and the recommendation of its consultant planner and the City Planning Commission relating thereto and has determined as follows: (a) That the variances requested by the applicant - namely, approval of the subdivision of said land in two five (5) acre lots and variance from the requirement of frontage on a public street is appropriate and in keeping with the City's compre- hensive plan as indicated by the planner's report dated May 6, 1976, on the grounds that the five (5) acre lots, while presently not required by the sub- division ordinance,are in keeping with the newly re- vised comprehensive plan of the City and highly desirable. In order to encourage this large lot platting and encourage the applicants to preserve the large agricultural tracts now owned by applicants Joseph F. Moris, Jr. and Charlotte Rose Marie Moris, the temporary use of private easement for ingress and egress into said five acre lots is appropriate and in the public interest, subject to the conditions hereinafter referred to. (b) That the granting of the variances sought by appli- cant must be conditioned upon all of the said owners granting each other mutual easements for roadway purposes, to provide a means of ingress and egress to their property and, further, granting to the City an easement to use said private easement for fire and other emergency vehicles, installation and -3- R-76-20 maintenance of public utilities and provision of other public services for any legitimate public purpose. (c) That all of said Owners agree among themselves to participate in the cost of maintenance of said private roadway on a pro rata basis and agree to maintain the same suitable for use by fire and other emergency vehicles and acknowledge that the City shall have no responsibility whatsoever for the maintenance of such private roadway. (d) That the Owners agree to grant to the City an option to acquire the land used for said private roadway to a width of sixty-six (66) feet, with- out cost, in the event the City Council or its successor should at any time determine that it is necessary and in the public interest to construct a private road thereon. The instrument granting said option, shall, also, be executed by each of the said owners and delivered to the City for recording in the office of the Register of Deeds at the same tisna as said proposed plat is endorsed with the approval of City_ NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the minor subdivision sought by the applicants as described above and set forth in the Clerk's file herein is hereby approved subject to the following conditions: 1. The said applicants shall execute a development agreement with the City, in a form satisfactory to the City Attorney, binding each of the applicants to perform all of the conditions of approval as set forth above. 2. Said applicants shall grant each to the other and to the City of Lake Elmo such easements as may be necessary to effectuate the agreements set forth above. Passed by the City Council of the City of Lake Elmo, this 6th day of July, 1976. Attest: Mayna. d L. Eder, Mayor /J L Donald Meh lkomer, Clerk -4- - R-76-21 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING SEWER USER CHARGE SYSTEM FOR THE CITY OF LAKE ELMO WHEREAS, the City of Lake Elmo owns and operates a sanitary sewer system; and WHEREAS, the City is required by law to pay the Metropolitan Waste Control Commission for sewage treatment and interceptor costs from sewer user charges; and WHEREAS, the City is required to apportion sewer system and treatment costs based strictly on rates to users of the system at sufficient rates to pay the yearly cost of operating and maintaining the collection system, treatment costs and inter- ceptor costs; and WHEREAS, an analysis of current costs and rates indicates the need to generate additional revenue to operate each system in accordance with Federal and State laws and in a sound financial manner: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the following rate schedule is hereby established and approved as the rate schedule for users of the sanitary system: Sanitary Sewer Charge: (1) Residential Property. A constant rate of $0.50 for each 1,000 gallons of sewage flow, whether water is metered or not. The minimum charge shall be $9.00 per quarter. (2) Commercial or other uses. A constant rate of $0.50 for each 1,000 gallons of sewage flow, whether water is metered or not. The minimum charge shall be $9.00 per quarter. (3) Connection Charge. (a) The connection charge for residential users shall be $175.00. (b) The connection charge for commercial or other users shall be $350.00. The user charges established by this Resolution shall be effective immediately and shall remain in effect until changed by further action of the City Council. Adopted by the City Council this 6th day of July, 1976. Maynard L. Eder, Mayor Attest: Donald Mehsikomer, Clerk R-76-21. RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING SEWER USER CHARGE SYSTE14 FOR THE CITY OF LAKE ELMO ' WHEREAS, the City of Lake Elmo owns and operates a sanitary sewer system, and WHEREAS, the City is required by law to pay the Metropolitan Waste Control Commission for sewage treatment and interceptor costs from sewer user charges; and WHEREAS, the City is required to apportion sewer system and treatment costs based strictly on rates to users of the system at sufficient rates to pay the yearly cost of operating and maintaining the collection system, treatment costs and inter- ceptor costs; and WD7REAS, an analysis of current costs and rates indicates thecneed to generate additional revenue to operate each system in accordance with Federal and State laws and in a sound financial manner: NOW, THEREFORE, BE IT RESOLVED, by the City Council. of the City of Lake Elmo that the following rate schedule is hereby established and approved as the rate schedule for users of the sanitary system: 9anitarg,_S®crer Charge: (1) Residential Property. A constant rate of $0.50 for each 1,000 gallons of sewage flow, whether water is metered or not. The minimum charge shall be $9.00 per quarter. (2) Commercial or other uses. A constant rate of $0.50 for each 1,000 gallons of sewage flow, whether water is metered or not. The minimum charge shall be $9.00 per quarter. (3) Connection Charge. (a) The connection charge for residential users shall be $175.00. (b) The connection charge for commerciAl or other users shall be $350.00. The user charges established by -this Resolution shall be effective immediately and shall remain in effect until changed by further action of theECity Council. Adopted by the City Council this 6th day of 0uly, 1976. MAYNARD L. EDER Maynard L. Eder, Mayor Attest: DONALD MEHSIKOMER Donald Mehsikomer, Clerk �� ulfu NOW AU yw= WKY1 - 'Ij Fab, %sw"O: www VICANOW n n 1,0:1:1 Mc amp. (M.Ki ;� -, MY wnj WOB9 USHInquUmm all You 01 wzl Yd QUIOP01 W YAW 054 61 1, Ant P'n p- Unnar, vmm lqmb 010A 'Imn 1--vi3wTvi"! Dan W.M3601i jPwon to! nv&va-nw-; Ow mm''m injaz 10010m; on Kwmwn� P; IM jim .&WeV' -Wny SK vaq Oj celmn j"WOOM A6 raveym ON 10 v1saa Oq wait a to "SAUMe L-w -1s3vt wo pina" M"Mew 'y"Ou'ra wallnuffan 5ni p"LUMOW m" "-�'qnjpdl USISAW WSW Onz anum Snommuz, 10 BArvinas V6 .&SWUM ;tlAM M. 00,50 w yj v naMy-nna PT r"S.YL MY 1, nj�vgy 01 Owmaj QW000m;., wavasm is.-._ nzvj) Anus" a Q ov, 1'-. GJlj pow 20 INMIN) NO '121 "d voaTTOWn 41 04 UMSMAT 001" ydancu A Wnwaq W-4 01001101 00i da"i oxyleyq 7nowlava ski lu &nown 001 Mmuok'' -Lw wral1q, coun (are 101 01.00 in A - "How ':. m YAK symm PIMAN MT WCA 10 Wa&w LA �Wp� �VOQA? .101anvp 00.0, ,woll UPSWOE 10 mmilsp WO& dung ma MOG-w �.VAA 0AAAROOD h ad 1AW Opawn nowl"Pu AT Jon 10 Amajol rw sm M. 2VII 90 ExAn royal 1HOWFIFm no! Oyur: L. Aw =15goo VOT (0) Ld VON nionp yroa no A"W"navy wV0009ve of Tv'r 1 wil-comm old, Y6 GawaWSABO Own"30 iota &�. Mannou YJIJSXQ in 40Ydjvuw go mynsw WO U jW&A "I mi"OVA YL004 lvr) ' Onn no w aso VIA W sm _143 ads vp byAqW2 .'T (]SIAVYAM XHMOXIMM UTANOG R-76-22 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING BID FOR 1976 SEAL COAT PROJECT WHEREAS, the City Council has heretofore ordered publication for bids for the 1976 Street Seal Coating Improvement, and WHEREAS, bids have been received from Allied Blacktop Company, Pine Bend Paving, Inc., and Blacktop Construction; and WHEREAS, the bids have been tallied and it appears that Allied Blacktop Company is the lowest bidder with a bid of $8,959.50; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the bid of Allied Blacktop Company in the amount of $8,959.50 is hereby accepted for the 1976 Seal Coating Improvement Project. BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized to execute the appropriate contract in accordance with the specifications of the bid. BE IT FURTHER RESOLVED, that the City Engineer and other responsible City officers are to direct the contractor to deposit all weigh tickets with the City on a daily basis. Adopted by the City Council this 20th day of July, 1976. Maynar L. Eder, Mayor Attest: Donald Mehs'-ikomer, Clerk R-76-22 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING BID FOR 1976 SEAL COAT PROJECT WHEREAS, the City Council has heretofore ordered publication for bids for the 1976 Street Seal Coating Improvement; and WHEREAS, bids have been 'received from Allied Blacktop Company, Pine Bend Paving, Inc., and Blacktop Construction; and WHEREAS, the bids have been tallied and it appears that Allied Blacktop Company is the lowest bidder with a bid of $8,959.50: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City O& Lake Elmo that the bid of Allied. Blacktop Company in the amount of $8,959.50 is hereby accepted for the 1976 Seal Coating Improvement Project. BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized to execute the appropriate contract in accordance with the specifications of the bid. BE IT FURTHER RESOLVED, that the City Engineer and othev, responsible City officers are to direct the contractor to deposit all weigh tickets with the City on a daily basis. Adopted by the City Council this loth day of July, 1976. MAYNARD L. EDER Maynard I- Eder, Mayor [= DONALD MEH5IKOMER Donald Mehsikomar, Clerk ��T� SE•-e60 LAC X !.,'JO& z.e r'Ai)s'k'CI�l.Ur:;abt A of abl d iol au t invilduy h a: obsra s:I0203070df Uzi! S.iosauoD 3>ai 1 ^2iiii'] Us:s ;:Jabs rc�vta c:uisl: pa •r:;r_D Idea 100112 c3C'Q1 : fW Una ::alq q n ajwwo g0.Pa P61 S. WAS! k18f lU OVWi t-A).Lti4 y�R1'131i5LS�a� Uafd* [. 0J'Ampl1 „TfYE q.0" gpiGVB1 i.%: 'f>fi.7' $YbSiSS b '`I lJaas boilboillai nova _ ;. O'.C'ce.80 to Did B ,dy!W lobbid jamol mdf f at 'y" m'i 0-; TA. '-'d - dA i j:L�i,;& is' "W )�" (;(oJ'.4.7bzIR "ray 06 0ad:; .ik`All •lne)r :.x'.t .ra:5rtd;s>a-sr,_a7 gS3A3.u')61CS.) .3i"Oex W Ua ,J.._csr(jus OAG ;[zOSS Sd A eraY,z nk) J`t�fl.'' Ci. av,aU% .b4 EA2111'beiU l t' .bid 00 to anoW11.'a0qu nil F1d W :d2II hic a;t.re mi .Ji)6.sj%.ow :9:t61qUmqqS OCK711 ,;) a.CfJ.sr6,c�s.�:�asli.oa.Ura.r, IAiet3..4.eCH <a,.d .a�st;S ®ca'��OE�; Sd'std3"17IUx...,5 mead VOID oat ri.r3wr Sara .i.tBo,fd�s ;9.5 'sdj J0911b uJ own c;:i.r>.xlih) .avix ,'SmL 'jo YK a9:ios 4:lAj Id:Y}Otl09 y.:9. D DIJ 'EVd .F)ya'a{tifA SS.'.QH J GAAKYAM .tO�b"? x S...a.. med. LCfid6�x`51A AHMOXI2HEM QJAWOG R-76- 43 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING POLLING PLACES FOR ELECTION PRECINCTS IN THE CITY OF LAKE ELMO WHEREAS, the City Council on May 18, 1976, created two election precincts in the City of Lake Elmo; and WHEREAS, the City Clerk has studied the possible polling places for said election precincts and has recommended that appropriate and separate places be established for voting in or near each precinct; and WHEREAS, based on the recommendations of the City Clerk,it appears to the City Council that it would be most convenient and appropriate for polling places for each precinct to be near each other in the immediate future so that any voters coming to the wrong polling place could be easily directed to the proper polling place and could go to the proper polling place without any inconvenience: NOW, THEREFORE, BE IT RESOLVED, by the City Council that the polling place for precinct 1 be, and the same hereby is established as the City Hall at 3510 Laverne Avenue North and the polling place for precinct 2 be established as the City Fire Hall at 3510 Laverne Avenue North. It is the determination of the City Council that the use of the City Hall and the Fire Hall in the same building will facilitate easy direction of voters to the proper polling place and will be convenient for any voters who should go to the wrong polling place first. It will also serve the purpose of having two election precincts in that separate voting facilities may be established in each of the two locations for voters from each of the two precincts. The City Council also determines that the said polling place for precinct 1 is within fifteen hundred feet of the boundaries of the precinct and therefor complies with the provisions of law relating to polling places out- side the boundaries of the precinct. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to proceed with providing appropriate notice of the location of polling places within the said election precincts and to do such other things as may be necessary and appropriate to conduct elections within the City, according to law, at such locations until further resolution of this Council. Adopted by the City Council this 20th day of July, 1976. Attest: Donald Meh jkomer, Clerk Mayna, L. Eder, Mayor R-76-24 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING AN ASSESSMENT FOR SURFACE WATER CONTROL PROJECT I WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Lake Elmo has met and heard and passed upon all objections to the proposed assessment for the public improvement known as Surface Water Con- trol Project No. I and has amended such proposed assessment as it deems just. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. Such proposed assessment, as amended, a copy afwhich is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against th elands named therein, and each tract of land therein in- cluded is hereby found to be benefited by the said improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January, 1977, and shall bear interest at the rate of seven and a half (7 1/2) per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1977. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certifica- tion of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the county treasurer the installment and interest in process of collection on the current tax lists, and he may pay the remaining principal balance of the assessment to the city treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the county auditor on or before October 10 of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted by the City Council this 20th day of July, 1976. Maynard L. Eder, Mayor Attest: 1"1" Donald Mehsik mer, Clerk f R-76-24 RESOLUTION CITY OF LAKE ELKO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING AN ASSESSMENT FOR SURFACE WATER CONTROL PROJECT I WHEREAS, pursuant to proper notice duly given as •required by law, the City Council of the City of Lake Elmo has met and heard and passed upon all objections to the proposed assessment for the public improvement known as Surface Water con- trol Project No. I and has amended such proposed assessment as it deems just. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as followss 1. Such proposed assessment, as amended, a copy Cf which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against th a lands named therein, and each tract of land therein in- cluded is hereby found to be benefited by the said improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January, 1977, and shall bear interest at the rate of seven and a half (7 1/2) per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the data of this resolution until December 31, 1977. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certifica- tion of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolutions he may thereafter pay to the county treasurer the installment and interest in process of collection on the current tax lists, and he may pay the remaining principal balance of the assessment to the city treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the county auditor on or before October 10 of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted by the City Council this 20th day of duly, 1976, MAYNARD L. EDER Maynard L. Eder, Mayor Attest. DONALD MEIiSIKOMER Donald Mehsikomer, Clerk c.,;...0., RQl.'JlAi Mi' ` RU 7 HiGa.`P.tUVJ aSI A vtO}71iwcx) ✓aa:T Ai! £:Jdx'a'SiL`rri +.r,J.0 ,) OAJ q WON 76 tti;ylvi a?i a h Uovin 'S! ub fiD O[S yVgz0"'v.! al :y3'.t'a adA+.�:.af?ihftuo .t.,i €'a "Oyu bw E tam? 0a boss, l ftLA Jaw . roes G4L a sAhj AU Y:i O Ids 10 I.Runpo' ••ETC?o Way 00010.:' am AIL63sY:tt =I'llewt3TYo-vtliit :.a Fast !, ad, 101 i J(lag;[iG3k.m .F.p ;CJ!.(f}-q Odi 0j .vast <9!€"pyb j-; d:f: if...aLyn.'de:as YJ.,Noqu g Ams t:'Jfyidsm am i:a1.s 1 ,05 S )W:4:,& asf, ::vr 17 v.ik} Ad? dc1K:srvcl rr.D Rx, 10 ai'iJa1FITJzS7A LEJWON O AS?:& a 3ME1 3O e"t, �(jo.) C-> 74att:,i_::, i_ A ;ifiom r :'1G' a hamoqu q T1Cidl2 .I. 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O }!'i "J: .i rCTz.;:,DI S SEid ^.,".4Y ks.�.vi # cl-t .:ar %IVd8V S't Um£#jal .si .b!iA a"aSrllai=a 1"1YJ304J a'LOY has, to Q a'6::r Sdd. +?>lbuin as f3diK 20 a.^.Y^..:a.l 0000 in inamougaas sad::i so z's1oy T,_04^7:3Isol VAJ K 00 Mon :iiaF371S.M€: fai:3d5fi y„1, )C, 2G yms s._ OK »€.ul 11:':P„00D y;JI 7 oai-i 'y* ba3J'[it?>. Arjda7 ,.i (jY&ISYM1 t A�€'Erai q Ezaa..:i.I i. n;Dt 1i . ;1AM A R Hmo IZ2iiEM GJANOG man )"Lemti.rl3.cy m i {.a COO#. R- 76 - 2 4 RESOLUTION CITY OF LAKE ELMOz! WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING AN ASSESSMENT FOR SURFACE WATER CONTROL PROJECT I WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Lake Elmo has met and heard and passed upon all objections to the proposed assessment for the public improvement known as Surface Water Con- trol Project No. I and has amended such proposed assessment as it deems just. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein in- cluded is hereby found to be benefited by the said improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January, 1977, and shall bear interest at the rate of seven and a half (7 1/2) per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1977. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certifica- tion of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax lists, and he may pay the remaining principal balance of the assessment to the City treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the county auditor on or before October 10 of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted by the City Council this lath day of July, 1976. Maynard L. Eder, Mayor Attest: 1 Donald Mehsikomer, Clerk R-76-24. RESOLUTION CITY OF LAKE ELMO €I' WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING AN ASSESSMENT FOR SURFACE WATER CONTROL PROJECT I WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Lake Elmo has met and heard and passed upon all objections to the proposed assessment for the public improvement known as Surface Water Con- trol Project No. I and has amended such proposed assessment as it deems just. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein in- cluded is hereby found to be benefited by the said improvement in the amount of the assessment levied against,it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January, 1977, and shall bear interest at the rate of seven and a half (7 1/2) per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1977. To each subsequent installment when due shall be added interest for one year on all unpaid installments_ 3. The owner of any property so assessed may, at any time prior to certifica- tion of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax lists, and he may pay the remaining principal balance of the assessment to the City treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the county auditor on or before October 10 of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted by the City Council this 20th day of duly, 1976. Maynaid L. Eder, Mayor Attest: Donald Mehsikomer, Clerk R-76-26 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING APPLICATION OF ALLIED PROPERTIES, INC. FOR APPROVAL OF THE PLAT OF DEMONTREVILLE HIGHLANDS WHEREAS, Allied Properties, Inc. has previously filed an application for approval of theEPlat of DeMontreville Highlands; and WHEREAS, the City Council of the City of Lake Elmo on January 20, 1976, approved a preliminary draft of said Plat subject to certain conditions; and WHEREAS, th.e City Council on January 20, 1976, approved the rezoning of a small portion of the land included within the proposed Plat of DeMontreville Highlands for the reasons set forth in the memorandum annexed hereto as Exhibit' "All; and WHEREAS, it appears that Allied Properties, Inc. has complied with the condi- tions of that preliminary approval in that Allied Properties, Inc. has complied with the conditions recommended by the City's staff, has completed the dedication of park property as required by the preliminary plan and has established to the satisfaction of the City Planner that an environmental impact statement is not required - according to the report of tke City Planner delivered to the Council at the Council meeting of April 20, 1976: NOW, THEREFORE, BE IT RESOLVED, that the final plat of DeMontreville High- lands on file with the City Clerk is hereby approved and the Mayor and Clerk are authorized to endorse the City's approval on the same. Adopted by the City Council this day of , 1976. Maynard . Eder, Mayor Attest.: Donald Mehsi Omer, Clerk MEMORANDUM RELATING TO REZONING OF DEMONTREVIL.LE HIGHLANDS PROPERTY / Allied Properties, Inc. has filed an application pursuant to the provisions of l Section 5.02 of the Model Zoning Code for Communities in Washington County as adopted by Section 301 of the Municipal Code of the City of Lake Elmo, for rezoning of part of the lands included in the proposed Plat of DeMontreville Highlands which Plat is on file with the City Clerk; and The public hearing required by that Ordinance and the Statutes of the State of Minnesota has been held by the City's Planning Commission; and The City Council has received the recommendations of the Planning Commission thereon as well as the report of its Consultant Planner and has considered the evidence adduced at said hearing by the applicant and other interested persons and has considered the oral report of its Consultant Planner; and The said Consultant Planner has reduced his recommendations to writing in his report to this Council dated February 3rd, 1976; The City Council finds with respect to the application of Allied Properties, Inc. for rezoning: (1) The applicants seek rezoning of the said land from a zoning classification of "Agricultural (A)" to Single Family Suburban (SFS)" for the purpose of permitting the same to be subdivided into single family residential lots of one acre in size or more. / (2) The proposed plat is contiguous to existing "Urban" development within 1 Lake Elmo, namely, the Tri-Lakes residential neighborhood. Thus the rezoning would be compatible with the City's land use policy as stated in its pending comprehensive Plan - namely, a policy which holds that land shall be developed in a manner which will keep urban areas consolidated so as to minimize the cost of services. (3) Under the presently proposed plans, the area has been designated for an early provision of urban type services; it is anticipated that sewer would be avail- able at or before 1990. Thus, the rezoning is compatible with the land use policies set forth in the pending Comprehensive Plan which holds that land will be considered either "urban" or "rural". Urban land areas shall be defined as those which are or will in the foreseeable future be provided with a wide variety of public and possibly commercial service facilities. Rural land areas shall be defined as those areas which will not receive major urban services such as sewer, transit and highways before 1990. (4) The Development Framework and Staging Plan set forth in the pending Compre- hensive Plan both indicate that urban development may be expected for the land in question in the foreseeable future. Another land use policy set forth in the pending Comprehensive Plan provides that if rural lands are converted to urban development, the conversion shall be done in accordance with the Comprehensive Plan in such a way as to promote economic and orderly extension of urban services. (5) The development proposed for the land sought to be rezoned is compatible in character with existing residential development witAixi.the Tri-Lakes area. Moreover, the proposed plat represents the upper most boundary for the Tri-Lakes area based on drainage and municipal boundaries. Thus, the proposed use of the land for which re- zoning is sought is compatible with the land use policies set forth in the pending Comprehensive Plan to the effect that development shall be planned so as to insure PAGE ONE OF EXHIBIT "A" compatibility among uses and that the community shall be planned and developed on a unit basis, such units to be determined by the natural and manmade physical barriers and/or homogenous land use characteristics. (6) The proposed use for which rezoning is sought is necessary to aid in imple- menting the pending Comprehensive Plan. (7) It is the conclusion of this City Council that the applicants are entitled to the rezoning of said land in accordance with said application herein. page two of EXHIBIT "A" R-76-26 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING APPLICATION OF ALLIED PROPERTIES, INC. FOR APPROVAL OF THE PLAT OF DEMONTREVILLE HIGHLANDS WHEREAS, Allied Properties, Inc. has previously filed an application for approval of thetPlat of Det4ontreville Highlands; and WHEREAS, the City Council of the City of Lake Elio on January 20, 1976, approved a preliminary draft of said Plat subject to certain conditions; and WHEREAS, th e City Council, on January 20, 1976, approved the rezoning of a small portion of the land included within the proposed Plat of DeMontreville Highlands for the reasons set forth in the memorandum annexed hereto as Exhigit "A"' and WHEREAS, it appears that Allied Properties, Inc. has complied, with theEcondi- tions of that preliminary approval in that Allied Properties, Inca has complied with the conditions recommended by the City's staff, has completed the dedication of park property as required by the preliminary plan and has established to the satisfaction of the City Planner that an environmental impact statement is not required - according to the report of thef-City Planner delivered to the Council at the Council meeting of April 20, 1976; NOW, THEREFORE, SE IT RESOLVED, that the final plat of Dellontreville High- lands on file with the City Clerk is hereby approved and the Mayor and Clerk are authorized to endorse the City's approval on the same. Adopted by the City Council this day of 1976. MAYNARD L . EDER Maynard L. Eder, Mayor Attest a DONALD MEHSIKOMER Donald Mehsikomer, Clerk U'x ""0 (ifa , :£:i 1G E'; di7 ¢k?}.Y7GY<:j tvil W AELGFf "ajl 'j u3i husilC{(i'" an LOW 20& <l 1 '00MISVOU4 uC:i3:.ill. I)e:?c;_Cew:,.r; .» ylauoQ axn.;rWasW at SOMrfun.nUD nOl o.b l Y.t.ifiW 1;'bofl vr"j aG S.OJ'� .J".?Mq to }.1'i.i"ON"Nr Io't )J's'1.... �,.AC.f 'to j'...L0 r...t::: t.J - T �. a i� ?-Gi �... C.��JIdiA.. C!. A;T x0 L1.�4 f1c?drF2:C+d 'h'a at rniq T!:a LAW abulaifdplu €9 li:V'C9"A:i.eum a1 10 .0 Ma.3ouq l3t a...3U t:+: a.S, a;.'l -E yftJ 'Ic, aa) Mt;3 , odl la a.A_ ' .'2, nAl ins .; v : ,r,S.;.+_l 206d -,d hu-z.rc.,,t :^! =1. f WfUuq VA?'.t c, 6 a0laaly vo pollu , C3 �i.c. 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SnnFi .'-,,,:.IYLs= L i d,;):JJ(1CF.{. t)ti :a(I .laT (,6) .. - 7uo , ,0..� xillP;.d 9A`a.� ?'d3-: .f 3%.,1,. � -, a.a V,tm fisxC4'i dl 3x'(a:i' q.J'E,J Cf�2A i .1:C(ir:x iwi 1,e1 <9'V.0 f7II£)Li yalbneq all n! 61jol Asa( MoNnn Pao Wal ^(fJ010aF9 aa.alJ01 is?t��eono of of(14 111 nOIJesup , efuqule'V�w air t':�u of NjJ'w'u's).r* ,;,1s oilauad lowly 11Jodi .C+:'jGnonq alniq Y3AW f1 fd:Jlr Ca Q af'.,t= Gill:} 1'!.:f84.f 57S7x1;J'.YC,IOft$ AFS-`.1f!t)h ?*C'd 1.0'>CIF.', 13 d'f:.f .va D.vnew. L4C}dav ao nG.:L)al£)J`ICi Y}.1(:010 taafJ :')iiftC?ofxno Olelfacjx7 GJ aw (11 aa! d):aaat)vao 96 03 :1apuo2 Mel odd 101 be l om _. J..i°AfiP'0t9vub 3f_-.s (d) `:80'fOSION oSfJla .:EiAMA-1.1`l'' _hj t,..CA'SW :9f1MMrt6y.{. vab Inis',anolani Y.;IS.l..,}SMS 95% 102cla,'ou no bleed [ols s:J;(Ftt.(y`(' NJ of tyS;+bound lama ':C q%u No, Wouasaqvt -01 .c z)idw IOU ba lal Aaa:3 to Owl b5 cxlo-ift, w.dJ , WT lac �,v>bnUad .Cast, -..:JHfu m Ma epanin`xb tJfa..).J:fnag SAt* a! Wool _4Sau lo—k'oJ loa ),!1 x`"luix Pdj dQW .'atdillsgRi;u ul ;t.')ucl :.a-Paltna- 3'Tven.t. al uh as bunnniq Bd C.Cadn 7:;cdipols+Peb Jadl 10011,1 cilt tm compatibility among uses and that the community shall be planned.- and developed on a unit basis, such units to be determined by the natural and manmade physical barriers and/or homogenous land use characteristics, (6) The proposed use for which rezoning is sought is necessary to aid in imple- menting the pending Comprehensive Plana (7) It is the conclusion of this City Council that the applicants are entitled to the rezoning of said land in accordance with said application herein. page two of EXHIBIT "An a no Vq010vab ban boGnsIq a! Who vilummV0 not jW& baz ESQU T?aoa);f� j Ca at nrL exMISS Whypq nownwDy has Munjam VA 16 Avolpflaim wd US UIUM Ii ti, f,.i1W IMF sea 1W 2MMOMMI 10\UnI5 djim lot nou womygonq eby (C) ."M OvAnummquaD vKhow Al tahami 001111no e7w WaDWAQ10 unj Aoki Ljonsov JIM AS IAcSjL0IIQ� -',-Aji @-t 41; .&M,. moss"n My Ott . dAw www%owwo (11 1 L;if."n 10lid: lamal 42 W.P "A" TIMM % OW3 wan R-76- -fir' RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE ACQUISITION OF TAX- F'ORFEIT LAND FOR PARK PURPOSES WHEREAS, the lands described in Exhibit "A" annexed hereto are tax -forfeit lands in the City of Lake Elmo available for acquisition by the City under the provisions of Section 282.01 Subd. 1 of the Minnesota Statutes, for park purposes. WHEREAS, the City Council has determined that said tracts of land are either adjacent to or close proximity to existing City parks or bodies of public water and accordingly well suited for a neighborhood park or other park purposes; and WHEREAS, the City Council has determined that it is desirable and in the public interest to secure said land for park purposes: NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Clerk are authorized and directed to sign an Application for Conveyance of said tax -forfeited lands and the City Attorney is authorized and directed to proceed with acquisition of the same pursuant to said Statute. Adopted by the City Council this 17th day of August, 1976. ;�Lt� 'e toee'�_l I Mayna I L. Eder, Mayor Attest: Donald Mehsi-ter, Clerk Property N..�Lt 36-37015-3100 Part of Southwest Quarter (SA) of Section fifteen (15), Townadip Twenty- nine (29), Range Twenty-one (21); Commence at the Southwest corner of said Section Fifteen (15); thence North Four hundred forty-five and two tenths (445.2) feet to the intersection in the west line of Southwest Quarter (Sw%) of said Section and the center line of Old Stillwater and St. Paul Road1 thence Easterly along said center line of road Fourteen hundred Sixty-three and Fifty-nine one-hunredths (1463.59) feet to point of beginning of this description] thence north and parallel with the said west line of Section Fifteen (15) for a distance of One hundred thirty and five tenths (130.5) feet to the South right-of-way line of C. St. P. X. O. RR.Coaspany; thence Easterly along said right -of -gray to the intersection with the center line of said road; thence Southerly and Westerly along said center line of road to the point of beginning. Except to highway. 36-37022-3600 north Half of North Half of Southwest Quarter of Northwest Quarter (Nj� of Shi of SA of Wh) of Section Twenty-two (22) , Township Twonty-nine (29) Range Twenty -tare (21), being the Morth One hundred (100) feet of the South One hundred forty-seven (147) feet of West Three hundred sixty-five (365) feet lying East of ft", the centerlind of which road is One hundred thirty (130) feet east of the Vast line of said tract to North and South Section Base ben Sections Twenty-one (21) and Zvonty-two (22) . 36-37U22-3750 Part of North Half of Borth Halt of Southwest Quarter of northwest Quarter (A of A of SN4 of Bid[) of Section Twenty-two (22) , Townshi# Treaty -vine (29), Stange Iftnty--one (21), bring the Mast Fifty (50) feet of the hest Seven hundred twenty (720) feet thereof. 36-37445-3310 Lot 333, Lane's DeNomtreville Country Club. (See 37445-3820). 36-37445-3340 Lots 334 6Wu 336, Lam 's DeNontrevillo Country Club Addition. (See 37445-3820). 36-37445-3670 Lots 366 th=m qh 369, Lane's Dekontreville Country Club Addition. 36-37445-3820 Lots 377 through 379, Low's DoW ntreville Country Club Addition. 36-37445-3850 Lot 3800 Larne's Demontseville cb mtry club Addition. (See 37445-3820) 36-37445-5410 Lots 526 and 527, Lane,* DeMantmmille Country Club Addition. (see 37445-598A) 36-37445-5980 Late 612 and 613, Uum's DeN mtroville Country Club Addition. I R-76-28 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING THREE-WAY STOP AT JAMLEY AND 31st STREET NORTH WHEREAS, it has been called to the attention of the City Council that a hazardous traffic condition exists at the intersection of Jamley and 31st Street North in the City of Lake Elmo, by reason of the fact that traffic from County Highway No. 6 (old Highway 212) tends to drive through 31st Street in reaching new Highway 212; and WHEREAS, thecCity Council is advised that a three-way stop at the intersection of Jamley and 31st Street North would tend to eliminate such traffic hazard: NOW, THEREFORE, BE IT RESOLVED, by the City Council that a three-way stop be required at the intersection of Jamley and 31st Street North and that the City maintenance department install appropriate stop signs,under the direction of the City Engineer, as soon as it is reasonably possible. Adopted by the City Council this 21st day of September, 1976. Maynard L. Eder, Mayor Attest: Donald Mehsik er, Clerk R-76-20 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUT1014 ESTABLISHING TIU E-•WAY STOP AT JAMLEY AND 31st STREET NORTH WiiLREAS, it has been called to the attention of thef-City Council that a hazardous traffic condition exists at the intersection of Jamley and 31st Street North in the City of Lake Elmo, by reason of the fact that traffic from County Highway No. 6 (old Iiighway 212) Mends to drive through 31st Street in reaching new Highway 212s and WIIEREA6, theECity Council is advised that a three-way stop at the intersection of Jamley and 31st Street North would tend to eliminate such traffic hazards NOW, THEREFORE, BE IT RESOLVHD, by the City Council that a three-way stop be required at the intersection of Jamley and 31st Street North and that the City maintenance department install appropriate stop signs,under the direction of the City Engineer, as soon as it is reasonably possible. Adopted by theLCity Council this 21st day of September, 1976. Attests DONALD MEHSIKOMER Donald Mehsikomer, Clerk MAYNARD L. EDER Maynard L. Eder, Mayor W o 'I' AM M-UBM2 OAMMATTJ 1XVILAT00m, A xvovOA a WAA floamv AID too! to :;3, -'�Oxxzo aoud oat JA EMMUC! Udi ai kilow IMAM WE was ri -Lsvw M% Ojai ody jo wonsmy actiAlbnow AM= flu) 6 ME YMPIN WUMOD UMN MIAMI 1=1 1001 WN 10 nomasm Yd mdU MA to y1h) ban KIL yownpid won pulnunis A 13SW Mic Quald" OvUb of anays (SIR yaw(Sphi nallooamnal U41 an qOw qw-10101 0 WAS b9alv1sw Q 1-cjauq)J VIEW *1113;.ad Ma waalmlls us baw mium Aimao 2wom WE vsh yulw5w to no q0va vow -magi a Udj 10=2 'Sks ads yd -Oj- 2;:1 UQ&� TOD edi zadd an Vion 11012a vale bm" yoiim-06 .,o SM IL woulupw oil to volbow1h ads mhan,vapin qo1w ufn17qcxqqa 115leal intsiaogsh .01dimun ildnaaamol Uk it an ao = ''Smulpau IN,'' M1 mumquQ to yzk WE midl Wamou yjlmAj yd hoslom. RHOS J CHAKYNM mayZA aobu .4 bwo"m WOUNA AHMAIGHEM GJANOCI 115XD "000AWSH R-76 - R 7 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DIRECTED TO THE WASHINGTON COUNTY BOARD OF COMMISSIONERS RELATING TO LAKE ELMO METROPOLITAN PARK WHEREAS, the City Council of the City of Lake Elmo has on a number of prior occasions passed resolutions memorializing its approval of the establishment of the said Lake Elmo Metropolitan Park, with certain qualifications and conditions; and WHEREAS, copies of such resolution - namely: Resolution 70-5 adopted March 3, 1970 Resolution 71-14 adopted August 3, 1971 Resolution 74-22 adopted July 16, 1974 Resolution 74-35 adopted November 19, 1974, are annexed hereto and made a part hereof; and WHEREAS, the City Council of the City of Lake Elmo has supported the acquisition of said Lake Elmo Regional Park with the understanding that park boundaries were fixed by the plans approved in the City's prior resolutions; and WHEREAS, the City of Lake Elmo has recently adopted a Comprehensive Plan based on the belief and understanding that the boundaries of said park were so fixed; and WHEREAS, the City Council of the City Of Lake Elmo has recently become aware that the County is negotiating for the acquisition of certain lands owned by Elwood W. Mears in the City of Lake Elmo which lands were not included within the boundaries of the proposed Lake Elmo Regional Park as previously approved by the City Council; and WHEREAS, the Lake Elmo City Planner has reviewed the present pro- posed acquisition and in his report to this Council dated September 20, 1976, recommended that the lands now owned by Elwood Mears be excluded from said Regional Park for various reasons stated in that report; and WHEREAS, the City Council determines that the reasons set forth in said report by the City Planner are of immediate and critical concern to the City; and WHEREAS, the City Council has determined that the proposed acquisition of all of the Mears land as part of the Lake Elmo Regional Park is beyond the scope of the prior approvals granted by this City; and WHEREAS, the City Council has determined that it would be detrimental to the interests of the City of Lake Elmo for the said lands owned by Elwood Mears to be acquired as part of the Lake Elmo Regional Park: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: Page 2 1. That the Washington County Board of Commissioners be,and is hereby, urged to cease all negotiations with Elwood Mears for the ac- quisition of additional land in the City of Lake Elmo for addition to said regional park, until such time as the City Council of the City of Lake Elmo approves, in writing, a specific legally described tract of land for acquisition for that purpose. 2. That until any such further acquisition of lands for the Lake Elmo Regional Park is specifically approved in writing by a legal des- cription by the City of Lake Elmo, the Washington County Board is urged, hereby, to refrain from acquiring any additional lands in the City of Lake Elmo. 3. The City Council of the City of Lake Elmo hereby requests and urges the said Board of Commissioners to provide the City with a current map and legal description of all lands heretofore acquired as part of said Lake Elmo Regional Park and including the legal description of any additional lands the Washington County intends or plans to acquire as part of said regional park. 4. The Lake Elmo City Council hereby urges and requests that said Board of Commissioners, pass a resolution directing that all its employees or officers cease any further negotiations for or acquisitions of land as additions to Lake Elmo Park until further order of the Washington County Board of Commissioners after its approval by the City of Lake Elmo as stated above. Adopted by the City Council this 21st day of September, 1976. Attest: raze!, n 17onald liehs komer, Clerk Ma n, rd L. Eder, Mayor R-76- .30 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REAFFIRMING CONTINUING SUPPORT FOR LOCATION OF I-94 ON THE SO-CALLED "NORTHERN ROUTE" AND URGING IMMEDIATE COMPLETION THEREOF WHEREAS, the City of Lake Elmo has on several occasions before this date informed the Minnesota Highway Department of its resolution supporting construction of Inter -State Highway 94 on the alignment northerly of existing Trunk Highway No. 12; which alignment has been generally referred to as the "Northern Route"; and WHEREAS, a majority of the communities abutting or adjacent to the said Trunk Highway 12 have approved and urged the construction of I-94 on said Northern Route; and WHEREAS, the I-94 Management Study Committee, after months of taking testimony, review and study has recommended to the Minnesota Highway Department that I-94 be constructed on the said "Northern Route"; and WHEREAS, the Draft Environmental Impact Statement.prepared by the Minnesota Highway Department and considered at public hearings earlier this year clearly indicates there is no significant or substantial detriment to the environment which would result from the construction of said I-94 on the Northerly Route and there is, on the other hand, significant and substantial adverse environmental, economic and safety impact on the area affected thereby if the alter- nate route on existing Highway 12 is selected; and WHEREAS, there does not appear to be any disagreement among all interested persons that the present Trunk Highway 12 is not sufficient to adequately and safely carry the amount of traffic now using or crossing said highway; and WHEREAS, there appears to be no reasonable or probable solution to this traffic and safety problem other than the construction of a new controlled access highway such as the proposed I-94; and WHEREAS, the Minnesota State Highway Department, since 1973, has been in a position to complete acquisition of the necessary right-of- way and commence construction of I-94 along the said Northern Route: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. That the Minnesota State Highway Department be, and the same hereby is, urged to take immediate steps to begin construction of I-94 along the Northern Route at such earliest possible date and to assign the highest priority to that project. 2. That the City Clerk be, and he is hereby, authorized and directed to forward copies of this Resolution to all those officials Page 2 of the State of Minnesota and all those governmental agencies receiving copies of prior resolutions relating to the subject matter as directed by the City of Lake Elmo Resolution R-75-40 passed December 16, 1975. Passed by unanimous vote of the City Council of the City of Lake Elmo this 21st day of September, 1976. Mayna q L. Eder, Mayor Attest: Donald Mehsi omer, Clerk R-76-31 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO METROPOLITAN COUNCIL REVIEW OF WASHINGTON COUNTY PHASE II WASTE WATER DISPOSAL STUDY WHEREAS, the Environmental Planning Division Staff of the Metro- politan Council has prepared a draft review of the Washington County Waste Water Disposal System study, which draft is dated August 24, 1976; and WHEREAS, said draft report was sent to Washington County on September 14, 1976, but not to the City of Lake Elmo; and WHEREAS, the forwarding letter with said draft contained notice of a hearing September 20, 1976, and the City of Lake Elmo was not informed of that hearing in time to attend the same; and WHEREAS, the said draft review does not appear to take into account the newly revised Comprehensive Plan of the City of Lake Elmo particularly as that plan relates to the urban rural service areas in the City of Lake Elmo: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the Metropolitan Council and its Environmental Planning Division staff be requ6stedto revise the said draft review and include in their revision recommendations which will be consistent with the City of Lake Elmo Comprehensive Plan. Adopted by the City Council this 21st day of September, 1976. r Maynard L. Eder, Mayor^ Attest: Donald Mehsik mer, Clerk R-76-31 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO METROPOLITAN COUNCIL REVIEW OF WASHINGTON COUNTY PHASE II WASTE WATER DISPOSAL STUDY WHEREAS, the Environmental Planning Division Staff of the Metro- politan Council has prepared a draft review of the Washington County Waste Water Disposal System study, which draft is dated August 24, 1976; and. WHEREAS, said draft report was sent to Washington County on September 14, 1976, but riot to the City of Lake Elmo; and WHEREAS, the forwarding letter with said draft contained notice of a hearing September 20, 1976, and the City of Lake Elmo was not informed of that hearing in time to attend the same; and WHEREAS, the said draft review does not appear to take into account the newly revised Comprehensive Plan of the City of Lake Elmo particularly as that plan relates to the urban rural service areas in the City of Lake Elmo: NOW, TIIEREF°ORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the Metropolitan Council and its Environmental Planning Division staff be reciuestEd to revise the said draft review and include in their revision recommendations which will be consistent with the City of Lake Elmo Comprehensive Plan. Adopted by the City Council this 21st day of September, 1976. MAYNARD L. EDER Maynard L. Eder.,, Mayor Attest: DONALD MEHSIKOMER I�onala Ntelisikomer, C1c;rJe ��'�' 1 c kzc):f Tu J: Omw amAj to YTT) aTOMEMIN YUKUOD MOTRKINOW axONUOD KATTJ0JcW'.1'!-5j1Ji OT MITAdha W01TWO"AR HTMA W MAHK YTWUEQ MOT0111hailf 40 WIRM YCUTH JLeOqW1U WTAw -auzow on %a 11M aolalvlu tainsciq swinewmalmn nos VAwmUv'.f jams aWaidw e een HbmqqW OWOa000 Womus UNW,'Yp ,bv jNUPMA bOM at 1101b 501AW y1wja mejayu WOquic IS15W sjuMy bm ;OTQI no yjnouD nojpajAavW cj jam vLa jsoqss Ansab WOU 2AAHHHW boo mmxu Mj UO Y519 OW of son JV1 ATQI a M Solon" boalzmaw Mm Me MW awlsol InUmmm! odd sAgRaRw son mw ONIO 0AW ho ;W SO bns SM '0& IvassQ05 pKimen z to baz ;Omsu ad! movib 01 swil a! pallsed Jznj 10 DOMMOM OW SAMS OJ a6sqqz ion nwob wivea Map Lxnz Ods KWAHM Ana 10 YND 011 10 aniq Munadeaqw0i hUMV01 y1wsa OW wMaym ONVIsa Impa nzdxv 600 W EvsKma miq jzAs on 11azymid1bg UMN tomia ONUO 1, YQJ oat at weap, ski 10 1100003 YHO ado V1 Wavnoudk Q1 AO �.1 ...i t:. yWUL hww- (' fvaa to! ban flumao UndflowalOH nh, 110 OMIJ SAW 10 jMJ WOSVOX LOW UPI SM OVIVOO M' 2(b M "WiQVIR P&MMIJ luoialoson so jjAw pDjow usisiven Hads G! nuowai bm, .dsLA svimonsigmOO MA W"a to MKO sod vfhy .&M nyjmsjqOw W nub jUs aild 110,000 MU VA, a 50100hill ARGH W UHAKYAM 1 a U DA T': AUMOXIaham QdAKOG Wall R-76- 3,;k RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING BUDGET FOR 1977 AND LEVYING TAXES FOR THE YEAR 1977 WHEREAS, the City Council of the City of Lake Elmo has hereto- fore considered and has unanimously adopted a budget setting forth in detail complete financial plans of the City for the year 1977; and WHEREAS, the City Clerk/Treasurer at the direction of the Council has computed the amount of taxes necessary and within statutory limits which must be levied and collected during the year 1977 in order to provide the budgeted funds; and WHEREAS, the City Council of the City of Lake Elmo has con- sidered the said proposed levy and determined the same to be neces- sary and in the public interest: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the attached budget is hereby adopted and approved as the budget for the City of Lake Elmo during the year 1977 and the sum of $227,845.00 is hereby levied in order to provide the City with the funds required by said budget. BE IT FURTHER RESOLVED, that the Clerk/Treasurer is hereby directed to certify a copy of this Resolution to the County Auditor in accordance with law. Adopted by the City Council this 5th day of October, 1976. 2 .1 Attest: Ma n rd L. Eder, Mayor C�C� Donald Mehdikomer, Clerk R-76-33 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING CONSTRUCTION OF SKI TRAILS WHEREAS, the City Park Advisory Committee has recommended to the City Council plans for cross-country ski trails: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the recommendations of the Park Advisory Committee be approved and the construction of approximately 3.5 miles of cross-country ski trails in the Sunfish Lake Park is hereby ordered. The said ski trails shall be contained entirely within the boundaries of the City property known as Sunfish Lake Park. The said ski trails will be constructed and maintained by the City through its City employees and volunteers. BE IT FURTHER RESOLVED, that the Mayor and Clerk are hereby authorized to proceed with application to the Minnesota Department of Natural Resources, Ski Touring Trail Assistance Program for funds through their Grant -in --Aid program. Adopted by the City Council this 19th day of October,1976. Maynar L. Eder, Mayor Attest: Donald Mehsikomer, Clerk R-76-33 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPIIOVI14G CONSTRUCTION OF MCI TRAILS WHEREAS, the City Park Advisory Committee has recommended to the City Council plans for cross --country ski trails: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the recommendations of the Park Advisory Committee be approved and the construction of approx.i.mately 3.5 miles of cross-country ski trails in the Sunfish Lake Park is hereby ordered. The said ski trails shall be contained entirely within the boundaries of the City property known as Sunfish Lake Park. The said ski trails will be constructed and maintained by the City through its City employees. and volunteers. BE IT FURTHER RESOLVED, that the Mayor and Clerk are hereby authorized to proceed with application to the Minnesota Department of Natural Resources, Ski Touring Trail Assistance Program for funds through their Grant -in -Aid program. Adopted by the C4tyCrunril this 19t;h day of October,1976. MAYNARD L. EDER -- Maynard L. Eds_r, Maxon: Attest: DONALD MEHSIKOMER Donald Mehsikomer, C1e=r __ unad JxAj 10 YTH) ATOWNTIN STOWD 00TWIM"Mi WIRAT U4 VO I&XIMBITUNcy) WIVA&M MITIMEAS A bVbnnMW0W0I und AaWi "�J-J ;uQual M W! WZY 1100001 YND OW 0j My to TKOU00 YWD ed, yu 111 to Oki JM owls JAW 20 til, Ho nOW001junuD Oki ad Ownjjwwx� U Wq pAna MUM ndl a! allual 190 yajapoo-aucao no WS; VjSjjja& Deniblana as 11Bdu efinaa !An bloo= Maxablo ydessiri Mnq Wyany am nuum 111,0AC YVID ova 10 eskawmmoj wj nWwi 'd bualmoulaw Lou belvow5eaus ad MW 011011 U" nqw My MO-4, .S100suplov WS S001"Aqwn YM oil Q00aud YjAy y"i ,Oran& oil X1,10 Dun nulbb aw a.C� SaawlaBnou binaeGaIN "1 02 pulonjiM. 631W bowounq oj UK "SIP031 ounsluxuam MIT LKIMUT M munnuoung lZiulzu lo .psynonq VOW opups"i abna"L SHUN j GRANWK�, i Be it so resolved that the City Council of Lake Elmo approves of the development of approximately 3.5 miles of cross country, ski trail - in the Sun Fish Lake Park area, This trail will be contained completely within the boundaries of this city owned park and will. be developed and maintained by the City of Lake Elmo through the use of volunteer and city employeed personnel. It is further resolved that Michael. Johnson should proceed with application to Minnesota Department of Natural'% Resources Ski Touring 'Frail Assistance Program for funds through their Crant-In-Aid Program. I i LAKE ELMO VILLAGE COUNCIL October 19, 1975 i I R-76-34 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING BIDS ON PEBBLE PARK TENNIS COURTS WHEREAS, the City Council has heretofore ordered publication for bids for the construction of three tennis courts in Pebble Park; and WHEREAS, bids have been received from Carlson-LaVine, Inc., T. A. Schifsky & Sons, Inc., Robert 0. Westlund Construction Co., and Henry O. Mikkelson Company; and WHEREAS, the bids have been tallied and it appears that Carlson-LaVine, Inc., with Alternate 1, is the lowest bidder with a bid of $19,400.00: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the bid of Carlson-LaVine, Inc., with Alternate 1, in the amount of $19,400.00 is hereby accepted for the construction of three tennis courts in Pebble Park. BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized to execute the appropriate contract in accordance with the specifications of the bid. BE IT FURTHER RESOLVED, that the City Engineer and other responsible City officers are to direct the contractor to deposit all weigh tickets with the City on a daily basis. Adopted by the City Council this 19th day of October, 1976. G 6 Maynard L. Eder, Mayor Attest: Donald Mehsiko�ier, Clerk F R-•76-34 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING BIDS ON PEBBLE PARK TENNIS (HURTS WHEREAS, the City Council has heretofore ordered publication for bids for the construction of three tennis courts in Pebble Park; and WHEREAS, bids have been received from Carlson-LaVins, Inc., T. A. Schifsky & Sons, Inc., Robert O. Wentlund Construction Co., and Henry O. Mikkelson Company; and WHEREAS, the bids have been tallied and it appears that Carlson®L&Vine, Inc., with Alternate 1, is the lowest bidder with a bid of $19,400.00: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the bid of Carlson-LaVine, Inc., with Alternate 1, in the amount of $19,400.00 is hereby accepted for the construction of three tennis courts in Pebble Park. BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorised to execute the appropriate contract in accordance with the specifications of the bid. BE IT FURTHER RESOLVED, that the City Engineer and other responsible City officers are to direct the contractor to deposit all weigh tickets with the City on a daily basis. Adopted by the City Council this 19th day of October, 1976. MAYNARD L. EDER Maynard L. Eder, Mayor Attests DONALD MEHSIKOMER Donald Mehsikomer, Clerk �� ^� M01TWOUN, WMA Zoa 4) wwl*-� 41012101151 AvalucD AAARI 0 1"slij,10; aus nuld lot noilsollm, nraewo lu"wwal has iAwZq ciddeq K almon almaj Sam au U01=01SUMOM no., ymallama A T y.Oal lflo'si bawwom used PV64 abid QnSRIM 'blvb (10810AAM W VanoM bas = UOISOMMOD DWIM .0 laWOR Wul Me= ealvoi-malmso 3sol MIZOW10 I! IMN buillwi f%Et li3 .Zvm=xi 100.00b.cly ao bid Z OMW labbld jamum OW at .1 SmU700A AM ME9 mgmj 10 Y310 AS 10 IWO= y1h) col'. y."I Tl 'It� '00'VA WMA10 1D jav"Um W at j SdAmml& djlw ..anl 10 bid whi jv&T MW viddom at E3100D ninnol nems 10 U01 1 ed,003 tagma al esimme at boylvassus nun AmulD ban loymm ON 3611! TI ;';.'a id ON % wollmollionqu As dQw 00ambamun at mallms SwWq0Uqqa ON y'jlJ 6.Lei eacrral. andjo hm 10601pau 1110 vad &W 'Mu"WhIl lGINTIM TI at! yNo sal Why dz?'h,'.w 110 jimogob W x0jusuipm Uzi lowalb 01 nun wanolalo lulmd XIM as w we Mnaasno 10 y5w Aul 01W 113HOOP Wj :ON va FaCH a MAMMI 'IHMOXIF,H',Hli GJA110(1 R-76-35 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION DESIGNATING PAYING AGENT WHEREAS, The First National Bank of Saint Paul has in the past been designated paying agent for bonds of the City of Lake Elmo; and WHEREAS, City Financial Consultant has recommended The First National Bank of Saint Paul act as paying agent for the City of Lake Elmo, Minnesota, general obligation refunding bonds since 1976; NOW, THEREFORE, BE IT RESOLVED that The First National Bank of Saint Paul be and is herein designated paying agent .for the City of Lake Elmo, Minnesota, general obligation refunding bonds since 1976. The Mayor and Clerk are authorized to execute an appropriate paying agent agency agreement for that purpose. Adopted by the City Council this 16th Day of November, 1976. Maynard.:`Eder, Mayor Attest: Donald Mehsi omen, Clerk R-76-35 RESOLUTION CITY OF LAKE ELMG WASHINGTON COUNTY, MINNESOTA RESULUTIQN DESIGNATING PAYING AGENT WHEREAS, The First National Bank of Saint Paul has in the past been designated paying agent for bonds of the city of Lake Elmo; and WHEREAS, City Financial Consultant has recommended The First National Bank of Saint Paul act as paying agent for the City of Lake Elmo, Minnesota, general obligation refunding bonds :since 1176; NOW, THEREFORE, BE IT RESOLVED that The First National Bank of Saint Paul be and is heaein designated paying agent for the City of Lake Elmo, Minnesota, general obligation refunding bonds since 1976. They Mayor and Clerk are authorized to execute an appropriate paying agent agency agreement for that purpose. Aa0pted by the: City Council this 16th Day of November, 1976. Maynard Eder Maynard Eder, Mayoa-��-- - Donald Mehsikomer 0ona1c . ehsikomer, 7ler0 I c —K —A UO ITO jQ a UU; 0mub dx6j au YTID ATOWAMIM YTWUUD VOTOWILGA,.. TVJDA WITAT WITAWIWC WITUdOal", 01, , azi jusq julza to XgLm jowAzY JaXil wiT e Wawaw OwBd to plo vAj 10 abnod no! inyph palyaq beJenplaeb aged J8bq Wz mala 9HT bob"OMWOWU azV Jnldlvan" .("Am" VID vol lnopb pallsq on _Yoh IaZq j"Jhi to Agz& jBpolink juniq pulbaulva aoijbpildo lawynop Bjoaeaulm owla SlEa 10 JAS Saj AM Sn"Is ah"Od jBRQjzw jEull uAT MAJ UlVA02AR TI Ud , cS51()M.:i3:[.`a e=� joopn y"ll*q baJmaplaeb nleuvA a! ban Sd lu5q JaiS6 10 A"Ad pKWAS, aWASPIWO MWOY V!0000ALM W" VS60 'a& 1j"D " U01 Mw"Ve usaw ejBAqoiqqv an sJumnD 01 baQUOUVA Auz A7010 ann volum ow!� .0u0junq Jndj low jawomaps yQaqvv snags Quilmj .aVej ,06AeVOK 10 joa divi wjyj fjDavoD yjW chi ju bs&q0vz, WSMA aemoAialoM blonoG A0913 IOU R-76-36 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING REGISTERED LAND SURVEY FOR CROMBIE'S-ALLIED PROPERTIES, INC. LAND WHEREAS, Veronica M. Crombie as fee owner and Allied Properties, Inc. as contract purchaser have made application to the City Council of the City of Lake Elmo for approval of Registered Land Survey covering certain registered property located in Section 5 of the City of Lake Elmo; and WHEREAS, it appears that the City approval of any Registered Land Survey is required under the provisions of Section 908.01 of the City Subdivision Ordinance, even though such Registered Land Survey will not result in the creation of lots useable for develop- ment purposes; and WHEREAS, it appears that the Registered Land Survey in question a copy of which is on file with the City Clerk, will not result in any subdivision which would require platting under the provisions of the City Subdivision Ordinance but rather said Registered Land Survey is being made as required by the Washington County Registrar of Titles for the purpose of eliminating cumbersome meets and bounds descriptions from the registered land records, all of which the said Registrar of Titles is permitted to require by law under provisions of Chapter 508 of the Minnesota Statutes; and WHEREAS, it appears to -the City Council that the filing of the said Registered Land Survey will not in any way avoid the requirements of the City Subdivision Ordinance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the said Registered Land Survey is hereby approved and the Mayor and Clerk are authorized to execute an appropriate instrument signifying the City approval. BE IT FURTHER RESOLVED, that the approval herein given is given on the specific condition that such approval shall in no way be construed to waive any requirement of the City Subdivision Ordinance with respect to platting of land for development purpose nor shall any condition or standard imposed by said Subdivision Ordinance be waived hereby and any use of the land subject to the above approved Registered Land Survey shall remain subject to the provisions of the City Subdivision Ordinance. Adopted by the City Council this 7th day of December, 1976. May"ard L. Eder, Mayor Donald mehkikomer, Clerk R-76-38 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION URGING REAPPOINTMENT OF OPAL PETERSEN TO THE METROPOLITAN COUNCIL WHEREAS, Opal Petersen has been and is now the Metropolitan Council member from the 14th Council District which includes the City of Lake Elmo; and WHEREAS, the City Council is informed that Ms. Petersen's term as a member of the Metropolitan Council is about to expire; and WHEREAS, the City Council of the City of Lake Elmo has found Ms. Petersen to be a concerned and dedicated representative of the communities included within the 14th Council District: NOW, THEREFORE, BE IT RESOLVED, that the City of Lake Elmo urges the Governor of the State of Minnesota to reappoint Opal Petersen as Council Representative from the 14th Metropolitan Council District. BE IT FURTHER RESOLVED, that a copy of this Resolution be delivered or mailed forthwith to the Governor and a copy thereof to Ms. Opal Petersen. Adopted by the City Council this 21st day of December, 1976. Mayn d L. Eder, Mayor s� Attest: Donald i'teh ikomer, Clerk R-76-38 RESOLUTION CITY OF LAKE ELMO WASIiINGTON COUNTY, MINNESOTA A RESOLUTION URGING REAPPOINTMENT OF OPAL PETERSEN TO THE METROPOLITAN COUNCIL WHEREAS, Opal Petersen has been and is now the Metropolitan Council member from the 14th Council District which includes the City of Lake Elmo; and WHEREAS, the City Council is informed that Ms. Petersen's term as a member of the Metropolitan Council is.about to expire; and WIiEREAS, the City Council of the City of Lake Elmo has found Ms. Petersen to be a concerned and dedicated representative of the communities included within the 14th Council District: NOW, TIiEREFORE, BE IT RESOLVED, that the City of Lake Elmo urges the Governor of the State of Minnesota to reappoint Opal Petersen as Council Representative from the 14th Metropolitan Council District. BE IT FURTHER RESOLVED, that a copy of this Resolution be celivered or mailed forthwith to the Governor and a copy thereof to Ms. Opal Petersen. Adopted by the City Council this 21st day of December, 1976. /sue Maynard L. Eder Maynard L. Eder, Mayor Attest: /ss/ Donald Mehsikomer Donald Mehsikomer, Clerk R-76-40 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING CERTAIN PUBLIC EASEMENTS IN LANE'S DEMONTREVILLE COUNTRY CLUB ADDITION (MCCOLLAR PETITION) WHEREAS, at a regular meeting of the City Council of the City of Lake Elmo Washington County, Minnesota, held November 16, 1976, a petition was presented to the City Council praying for the vacation of certain public easements in the plat of Lane's DeMontreville Country Club Addition described as follows: All that part of DeMontreville Beach lying and being between Lots 675 through 681, inclusive, and the shoreline of Lake DeMontreville, all as designated on the plat of LANE'S DEMONTREVILLE COUNTRY CLUB ADDITION. WHEREAS, said petition came on for hearing before said City Council at a regular meeting thereof held at 7:30 o'clock p.m. in the City Hall on December 21, 1976, pursuant to notice thereof published and posted as required by law; and WHEREAS, the City Council of the City of Lake Elmo has heard all the evidence presented for and against said petition and after due consideration thereof has determined that it is in the best interests of the public and the City of Lake Elmo to vacate said easements for the following reasons: 1. The lands sought to be vacated as above described are of no use to the City or the public, generally, for prior vacations by the Town of East Oakdale have left the above described lands inaccessible to the public except by water; as a result those lands could not be reached (from land) without crossing private properties. As a result, there does not appear to be any meaningful way in which the general public could use the above described lands. 2. The above described public lands are small and located so close to resi- dential development that they could not reasonably be used without a high probabil- ity of a nuisance resulting. Because of the location of the property it could not be policed by the City without great expense and inconvenience to the public. 3. If the petition for vacation were not granted the result would restrict the marketability of the adjacent lands owned by the petitioner and impair the ability of the petitioner or his successor in interest to use said land for resi- dential purposes. On the other hand, to grant this petition to vacate the above described lands would improve the useability of the petitioner's lands for resi- dential purposes as provided by the Comprehensive Plan and ordinances of the City, all of which tends to serve the purposes for which the City has developed a compre- hensive plan and enacted zoning and other ordinances regulating land use. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, that the following described lands: All that part of DeMontreville Beach lying and being between Lots 675 through 681, inclusive, and the shoreline of Lake DeMontreville, all as designated on the plat of LANE'S DEMONTREVILLE COUNTRY CLUB ADDITION, be and the same hereby are vacated absolutely and forever for the reasons set forth above herein. IT IS FURTHER RESOLVED, that said City Council does hereby determine that the City is deemed to benefit from said vacation for the reasons set forth above and by being relieved of the responsibility for the maintenance and policing of said lands, the same is sufficient consideration for the vacation thereof. Pro- vided, however, that all costs to the City of this vacation proceeding shall be calculated by the Clerk and shall be paid by the petitioner or his assigns to the Clerk. Upon payment of such costs by petitioner, the Clerk shall cause notice that this vacation proceeding has been concluded to be served on the County Auditor, and shall record a certified copy of this Resolution with the County Recorder, all as provided by and in accordance with Section 412.851 of the Minne- sota Statutes. Adopted by the City Council of the City of Lake Elmo, this 21st day of December, 1976. qtl2. , Maynard . Eder, Mayor Attest: c�1 Donald Mehsik er, Clerk LAWSON, RANUM & RALEIGH LAWYERS RODERICK A. LAWSON ALCERT E. RANUM DONALD T. RALEIGH RAYMOND O. MARSHALL OF COUNSEL: CHESTER S. WILSON VACIL O. KALINCFF Mrs. 'Edna Beers City of lake Elmo Lake Elmo, Mn 55042 Dear Edna; 104 NORTH MAIN STREET STILLWATER, MINNEEOTA 55052 (612) 439-4143 11329 9TILLWATER BLVD. NORTH LAKE ELMO, MINNESOTA 55042 (612) '777-6960 FNRMERLY WIL30N . T..S.EN 1911-1955 WILSON, TXOREEN A LINOSLOOM 96 THERE" O. T..B.IREEN 193WSON TXOgEEN, TX .-11. A LAWSON 194R-1969 March 22, 1977 I am sending you herewith Resolution R-76-19. I have sent you (I will be sending you within a few days) by separate letter Resolution R-76-18 (A), R`76-19, and R-76-20. It was necessary to use 18(A) and 19(A) because those numbers were used twice. You should make an appropriate notation in pencil on the original minutes of the Council meeting, June 1, 1976, showing that the Ronald Bird subdivision Resolution is 18(A) instead of 18 and on the Council minutes of July 6, 1976, showing that the Carl Olinger subdivision Resolution is 19(A) instead of 19. I believe this completes all of the 1976 Resolutions. My file shows that Resolution 5, 8 and 25 represent Resolution Numbers that were not used, If this is incorrect please let me know. Yours tr , Donald T9 Raleigh, for Lawson, Ranum & Raleigh DTR:sr enc. X4986 -'• 1 A bill for an act 2 relating to establishment of a certain 3 portior, of the boundary between the 4 villages of Oakdale and Lake Elmo► in 5 Washington county. 6 BE 1T ENACTED BY THE LEGISLATURE OF THE SIATE OF MINNESOTA: 7 Section 1, After October 1r 1971 and upon petition of 8 the governing body of either of the villages of Oakdale or 9 Lake Elmo or the county board of 1,lashington county, the 10 judge of the district court of the tenth judicial district 11 with chambers in Washington county shall assume jurisdiction 12 over the dispute which has arisen over the location of the 13 boundary between the villages of Oakdale and Lake Elmo as 14 established by Order No. 1-21 of the Minnesota municipal 15 commission oated March 11r 1968, 16 Sec. 2. Upon receipt of the petition the district 17 court shall fix a time for hearing of the matter and cause 18 reasonable notice to be given as to the time and place of 19 hearing to the governing body of the villagesr the county 20 boardr the Minnesota municipal commission and all property 21 owners within the disputed area. After a hearing of the 22 matter, the district court shall enter its order fixinc_; the 23 boundary between the. villages of Oakdale and Lake Elmo on 24 the north and south half section line or within the east 25 half of sections 5 and 8r township 29, range 21► washington 26 county, Minnesota. 27 Sec. 3. The governing bodies of the villages of 28 Oakdale and Lake Elmo are specifically authorized to meet 29 and confer at such times and Places as they may agree and 34 enter into a stipulation for settlement of the said dispute 1 X4988-i 0 I on such terms and conditions as they agree and upon the 2 execution and filing of a written stipulation of settlement 3 with the Minnesota municipal commission on or before October 4 it 1971 this act shall be of no effect. The Minnesota 5 municipal commission shall then enter its order establishing 6 the boundary between the villages of Oakdale and Lake Elmo 7 which shall incorporate the terms and provisions of said 8 stipulation and which order shall be binding on both 9 municipalities. 2 rt l t D kR A94<< IL7 E ri 1,5q E7--y 1 �� 1 NV, ��TQ 1' ...__. .. •t'J r1i ,I 1 � -' - AC��SS S�C1�E�c`i' C�1NN�C���N T� T• IZ � C� r ,L•�.� .'�tCC 5� ICk_ f- W) AQM41 W1'' 1 I t — .L.\_~ �F� 4�\�} .� ill k �r#�:1�. ,�5 1'n�_ �Iv•� �i .�li�� N. El Jr r; _w•-err-' i 1 •.w. ,..'f ` `v - f ` f /.. �// •�, _ rr�� �. i._. !-+_ 5 iti phi iY� `CE' �5'�I •,-1,",�—f _,�,_,� � •?i f^)f+ � rp 17j ��\//.��r`'Y•`\�\�.a/�.�� .`.� ? 2� • — w _ •� ' ..:1 � l ` t — t t 77 ✓�' -1 - -ter— ����! --° -- ' _t ;`fr—�`_. _ter " lj .. F 4 �'i �' � L�� `r. IL' �.:. ., try - c, 1L�_��~-:►*+-�, ' � �Yri 'r ��� t •y� !� �.r i ° �•r�l ih1(y ri'3i � .%.�.1 .I.r irUl �.. t �. I.{' —_ j CERTIFICATE OF SURVEY ARTHUR M. HOLM STILLWATER, MINNESOTA N1 in nesot a Reg is te ret I L it nd Stirveyor No. 7 1 t7 Wiseonin Kegi.stercd Land Siirve)-or No. 5-S45) SURVEY MADE EXCLUSIVELY DESCRIPTION: ;urve-;, (,i,;.c -L TwP., Wksilin�;t.,)n Co, N; N; If B�ry —4- EXHIBIT "B" I hereby certify that I surveyed the property described -above and that the above is true and correct plat of said survey. Date ......... Scale: I inch---....1.OP ............ feet. o Indicates Irons. .................................................. Surveyor _j Z 'Ti r, L 0 ;11 thikt part of ­nvlt. L,lt No. h, S-ctiorj 'n.1in ;1(1% T2:t,T, F21w, »w...4t (Inkipl- Twp. Washington County, f4innevitota, de-cribel aft follow-m- CommancirW at the m,)ath-wm,%tt corner of Gov't. Lot No. 4, Section Ten (In). T2Q27, Walshingt6ti 00. Ylinneenta thence 0,71 t 'North alnmr the Wovtt J.ine of tomid. G It... Lot No. 4 for 62S.6 feet; trenco- Eamit -at right amplemq for Sno.n fret; tlttnci- North sit rigftt arWleR for 273 feet to the cmtarline of Lake Jane Road 90 nw 1,)cated mnl tra- valled; thence North 6('11091 Sagt glane. oiald centerline -of Lake .Tani: Rc)aA for 314. 1'4 feet to the p,Ant of beorin-,ii-4-, of this de.tRcriptio-it thence North �,303p, 1samt � 1 q W-1 mt*tl oamterlinm of lAtkA Jane Road for 14$.0 fftet-4 thence Boath V0301 lit qt for 252.8 fekot; th*=-e 18olith 69101-1 Weqt for 1?6.4 feet; thence Forth 1140191 Weqt for 234.3 to to the point of togin-Aing. C*AtairLing 1.n4 acres, more or lossi, -mub,'Iect to th-m right-of-way of Lake .Tm no .2o" and mub�ect also to a road *&@e%etkt_ ovsr g:ni' ikcfni tho emmtsrl;�m6Kt fact of . tape above 4eactibed tract, Mall 33 ft"t lithe , xomonro at .-right anglep to OvU fit line of i*id t ric t A w