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HomeMy WebLinkAbout1978 ResolutionsRESOLUTIONS 1978 R-78--1 A RESOLUTION APPROVING CONCEPT PLAN FOR FOX FIRE ESTATES A SUB DIVISION PROPOSED UNDER THE PROVISIONS OF CHAPTER 302 OF THE CITY PROVIDING FOR PLANNED UNIT DEVELOPMENT R-78--2 A RESOLUTION APPROVING CONCEPT PLAN FOR SPRINGBORNS GREEN ACRES A SUBDIVISION PROPOSED UNDER THE PROVISIONS OF CHAPTER 302 OF THE CITY CODE PROVIDINGl-FOR PLANNED UNIT DEVELOPMENT R-78-3 A RESOLUTION OF CITY OF LAKE ELMO 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 RESOURCE FUND FOR REID PARK R-78-4 A RESOLUTION OF THE CITY OF LAKE ELMO AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE AND DEVELOP OPEN SPACE UNDER THE PROVISION OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND FOR BICYCLE TRAILS AND FOOT PATHS IN CITY PARK R-78-5 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LAKE ELMO TO EXECUTE AND FILE A 5-YEAR ACTION PROGRAM FOR REID PARK R-78-b A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LAKE ELMO TO FILE AND EXECUTE A 5-YEAR ACTION PROGRAM FOR CITY PARKS R-78-7 A RESOLUTION ESTABLISHING A POLICY OF EQUAL OPPORTUNITY EMPLOYMENT R-78-8 A RESOLUTION APPROVING CONCEPT PLAN FOR BROOKMAN ADDITION, A SUB- DIVISION PROPOSED UNDER THE PROVISIONS OF CHAPTER 401 OF THE CITY CODE REGULATING THE SUBDIVISION OF LAND R-78-9 A RESOLUTION ESTABLISHING WATER SERVICE RATES FROM AND AFTER JANUARY 17 1978 R-78-10 A RESOLUTION GRANTING SPECIAL USE PERMIT TO JOHN ARENT R 78-.12 A RESOLUTION OPPOSING ADOPTION OF SF 1gb6 AND HF 1740 R-78-13 A RESOLUTION APPROVING AND AUTHORIZING A NEGATIVE DECLARATION NOTICE ON TI-lE ENVIRONMENTAL ASSESSMENT WORKSHET FOR FOX FIRE ESTATES AND SPRINGBORNtS GREEN ACRES: AND AUTHORIZING THE MAYOR TO EXECUTE SAID DECLARATION ON BEHALF OF THE CITY OF LAKE ELMO R-»78-14 A RESOLUTION APPROVING PRELIMINARY PLAT OF BROOKMAN ADDITION R-78-15 A RESOLUTION PFZOP 'FURTHER ACQUISITION FOR COUNTY PARTS R-78--16 A RESOLUTION REQUESTING 'CONSTRUC,TION OF DETACHED FRONTAGE=_ROADS BY THE STATE OF MINNESOTA ALONG INTERSTATE 94 IN EVENT OF THE SOUTHRN ROUTE R-78-17 A RESOLUTION FOR IMPROVEMENT OF TRUNK HIGHWAY 21.2 R-78-J8 A RESOLUTION CALLING FOR PUBLIC HARING ON SANITARY SEWER IMPROVEMENTS A 78-19 A RESOLUTION RF'GU"ESTING PARKING RESTRICTIONS ON C.S.A.H. 17 R--78-20 A RESOLUTION URGING- THE VALLEY BRANCH WATERSHED DISTRICT TO UNDERTAKE AND PERMANENET FLOOD CONTROL MEASURES CI RESOLUTIONS 1978 R-78-20A A RESOLUTION URGING THE VALLEY BRANCII WATERSHED DISTRICT TO UNDERTAKE TEMPORARY AND PERMANENT FLOOD CONTROL MEASURES. R-78--21 A RESOLUTION RELATING TO HUFF N PUFF DAYS IN THE CITY OF LK.ELMO R-78-22 A RESOLUTION DESIGNATING APPLICANT'S LOCAL AGENT (LEW) R-78-23 A RESOLUTION CONCERNING WATER EMERGENCIES ON LAKE ELMO LAKE R-78--23A A RESOLUTION APPROVING MINOR SUBDIVISION ON APPLICATION OF DEAN BEUTEL. R-78-•24 A RESOLUTION GRANTING SPECIAL USE PERMIT TO MR. & MRS. SOL FISHER R-78-25 A RESOLUTION ADOPTING STORM DRAINAGE PLAN FOR TRI®LAKES DISTRICT SUBDISTRICT HL-15. R-78--2.6 A RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL BUILDING AND POLLUTION EQUIPMENT PROJECT APPROVING THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING TIIE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND RELATED MATTERS IN CONNECTION WITH SAID PROJECT. R-78-27 A RESOLUTION RELATING TO THE LEONARD ANDERSON PROPERTY IN THE CITY OF LAKE ELMO. R-78-27A A RESOLUTION RELATING TO INSTALLATION OF A GUARD RAIL OR PERMAMEMT BLOCKADE AT THE INTERSECTION OF DEMONTREVILLE TR AND HIGHLANDS TRAIL IN THE CITY OF LAKE ELMO. R-78-29 A RESOLUTION APPROVING FINAL PLAT OF FOX FIRE ESTATES. R-78-30 A RESOLUTION APPROVING THE PLAT OF SPRINGBORN GREEN ACRES. R-78-31 A RESOLUTION APPROVING PRELIMINARY PLAT OF DEMONTREVILLE HIGHLANDS 5TH ADDITION. R-78-32 A RESOLUITON SETTING FORTH THE POLICY OF THE CITY OF LAKE ELMO WITH RESPECT TO DEVELOPMENT OF THE "MEARS PROPERTY" FOR REGIONAL PARK OR OTHER PURPOSES. R-78-33 A RESOLUTION ADOPTING AND EXECUTING THAT CERTAIN JOINT EXERCISE OF POWER AGREEMENT FOR PARTICIPATION IN THE I-94 CHALLANGE COMMITTEE. R-78-34 A RESOLUTION ESTABLISHING A POLICY WITH RESPECT TO CONSIDERATION (W `RROJECTS FINANCEr) UNDER. -THE RENNESOTA-MUNTCIPAL INDUSTRIAL DEVELOPMENT ACT (INDUSTRIAL REVENUE BONDS). R-78-35 A RESOLUTION ORDERING INTERFUND AUDIT ADJUSTMENTS, R-78-35 A RESOLUTION APPROVING PRELIMINARY PLAT OF DE�40NTREVILLE HIGHLANDS 6TH ADDITION. ... � 1. ... i. i.. � i . '. � � i .. i. .1 _ -- r :.i i I � _. i .. ( 1�„�.i � .. � _ RESOLUTIONS 1978 R-78-36 A RESOLUTION ADOPTING BUDGET FOR 1979 AND LEVYING TAXES FOR THE YEAR 1979. R-78-37 A RESOLUTION APPROVING CONSTRUCTION, MAINTENANCE AND SIGNING OF SKI TRAILS. R-78-38 A RESOLUTION RELATING TO THE ADOPTION OF THE ASSESSMENT ROLL RELATING TO SURFACE WATER CONTROL PROJECT II. R-78-39 A RESOLUTION OF THE CITY OF LAKE ELMO APPROVING PLANS FOR INTERSTATE HIGHWAY 94 (SO CALLED "SOUTHERN ROUTE") SUBJECT TO CERTAIN CONDITIONS AND ACCEPTING OF OWNERSHIP AND MAINTENANCE RESPONSIBILITY FOR FRONTAGE ROADS AND BICYCLE TRAILS. R-78-40 A RESOLUTION AUTHORIZING RECONVEYANCE OF TAX -FORFEIT LAND. R-78-41 A RESOLUTION EXTENDING THE JOINT POWERS AGREEMENT WITH THE CITY OF OAKDALE WHEREBY THE CITY OF OAKDALE PROVIDES ANIMAL CONTROL SERVICES TO THE CITY OF LAKE ELMO. R-78-42 A RESOLUTION OF THE CITY OF LAKE ELMO APPROVING PLANS FOR INTERSTATE HIGHWAY 94 (SO CALLED "SOUTHERN ROUTE") SUBJECT TO CERTAIN CONDITIONS: AND ACCEPTING OF OWNERSHIP AND MAINTENANCE RESPONSIBILITY FOR FRONTAGE ROADS AND BICYCLE TRAILS. (EXTRACT OF MINUTES) R-78-43 A RESOLUTION BY THE CITY OF LAKE ELMO REQUESTING INTERIM DESIGNATION OF THE RURAL SERVICES AREA WITHIN THE CITY OF LAKE ELMO: AND STATUS TO APPLY FOR STATE AND FEDERAL GRANTS FOR INDEPENDENT FACILITIES PLANNING FOR WASTEWATER TREATMENT, OF THE METROPOLITAN COUNCIL AND THE METROPOLITAN WASTE CONTROL COMMISSION (MWCC). R-78=44 A RESOLUTION ESTABLISHING THE FEES FOR DOG REGISTRATION IN THE CITY OF LAKE ELMO, MINNESOTA. R-78-45 A RESOLUTION APPROVING THE PLAT OF DEMONTREVILLE HIGHLANDS 5th ADDITION. R-78-46 A RESOLUTION CALLING ATTENTION OF GOVERNOR ELECT AL QUIE; AND HIS STAFF TO CONCERN OVER THE PLACEMENT OF I-94 BETWEEN I-694 AND THE ST. CROIX RIVER (NORTHERN ROUTE) R-78-47 A RESOLUTION APPROVING COT,4MTTMENT.LETTER FOR LAKE ELMO HARDWOOD INDUSTRIAL DEVELOPMENT REVENUE BONDS. R-78-48 A RESOLUTION APPROVING PLAT OF BROCKMAN ADDITION. R-78-49 A RESOLUTION DENYING THE APPLICATION FOR A SPECIAL USE PERMIT BY THE LOYAL ORDER OF MOOSE, ST. PAUL LODGE #40. R-78-50 A RESOLUTION APPROVING FINAL PLAT OF DEMONTREVILLE HIGHLANDS 6TH ADDITION. R-78-51 A RESOLUTION WITHDRAWING THE PETITION TO VALLEY BRANCH WATERSHED DISTRICT. R-78-52l- A RESOLUTION URGING VALLEY BRANCH WATERSHED DISTRICT TO UNDERTAKE TEMPORARY AND PERMANENT FLOOD CONTROL MEASURES. R-78-52a A RESOLUTION GRANTING A SPECIAL USE PERMIT TO THE L.E.Baptist RESOLUTIONS 1978 R-78-53F A RESOLUTION URGING VALLEY BRANCH WATERSHED DISTRICT TO UNDERTAKE TEMPORARY AND PERMANENT FLOOD CONTROL MEASURES. R-78-53A A RESOLUTION ESTABLISHING, DEFINING, AND RE -APPROPRIATING BUDGET RESERVES FOR THE CITY OF LAKE ELMO, STATE OF MINNESOTA. R-78-54 A RESOLUTION ADOPTING A FIVE YEAR MSA STREET IMPROVEMENT PROGRAM. mrl-= RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING CONCEPT PLAN FOR FOX FIRE ESTATES a subdivision proposed under the provisions of chapter 302 of the City code providing for Planned Unit Development. WHEREAS, T. A. Schifsky & Sons, Lawrence F. Kleis and Howard C. Springborn, owners, and Roger A. Ziton, contract seller, have applied for subdivision approval of a Planned Unit Development to be located on the land described in Exhibit "A" annexed hereto and made a part hereof; and WHEREAS, the proposed plan, now on file with the City Clerk, has been reviewed by the City staff and considered a public hearing by the City Planning Commission all as required by City ordinances; and WHEREAS, the City Council has also considered the proposed Planned Unit Development and subdivision together with the recommendations of the Planning Commission thereon and the recommendations of the City staff; and WHEREAS, the City Council has determined: 1. The proposed Planned Unit Development Concept Plan is not, in any way, inconsistent with the public health, safety and general welfare. 2. The proposed Concept Plan is consistent with the intent and purpose of the City's Comprehensive Plan, zoning ordinance, subdivision ordinance and other applicable regulations; provided the conditions of approval set forth below are incorporated into said plan: NOW, THEREFORE, BE IT RESOLVED by the City Council that the Concept Plan for Fox Fire Estates on file with the City Clerk is hereby approved subject to the following conditions: 1. The Concept Plan is approved for 57 lots having a gross density of 2.5 acres per lot for an average lot size of 2.10 acres, all as shown on the plan filed with the City Clerk, as amended. It is the intent of the City Council in approving 57 lots of such size to permit only the same number of lots as would have been permitted under the existing zoning but, at the same time, to permit the Developers to average the density between that part of their land zoned for one acre lot size (39.5 acres) and that part of their land zoned for five acre lot size (87.25 acres). i' R-78-1 2. 55th Street North, 53 Street North, Jamaca Avenue and Jerome Avenue shall all be temporary cul-de-sacs Streets and may exceed the standard in Section 302.030 (J) (2) of the City's subdivision ordinance. It being the determination of the City Council that the over- all design of this Planned Unit Development is of sufficient quality to justify waiving that particular standard. 3. The approval of the Concept Plan set forth in this Resolution does not indicate approval of design standards for any of the public improvements required by City ordinance or policy. 4. Approval of the Concept.Plan as set forth in this Resolution is subject to final determination of the park dedication required to be made by Developers under Section 902 of the City subdivision ordinance. Adopted by the City Council this 3rd day of January, 1978. Attest: . v�i':GcA �'Ol�lJl.�if)iMM P Donald Mehsi.comer, Clerk Thomas.G. Armstrong, Mayor - 2 - FOXFIRE E5 TA TES DESCRIPTION OF TRACT That part of the _out half of the Southwest Quarter of Sec. 3, Township 29 North, Range 21 West and ­of Government Lot 1, Section 10, Township 29 North, Range 21 West; EXCEPT the following tract; Beginning at a post set on the South line of said SW1/4 of SW1/4, said point being set at a point 259 feet west of the SE corner thereof, and ronning thence North on a line parallel to the East line thereof 495 feet to an iron monument; thence West 513.2 feet to a post, said post being 494 feet North of the South line of said SW1/4 of SW1/4, thence S'ly on a straight line 494 feet to an iron monument set on the south line of said SWl/4 of SW1/4 at a point 523 feet West of the point of beginning; thence continuing S'ly along the line just described, and the same extended S'ly 827.1 feet to the center line of an existing road; thence W'ly along said center line of said'road to its intersection with the West line of said Gov't Lot 1, thence south along the west line of said Gov't Lot 1, 203 feet more or les to the shoreline of Lake Jane; thence SE'ly along said shoreline to its intersection with the east line of said Gov't Lot 1, thence North along said east line 219 feet, more or less, to the center line of said road; . ` thence W'ly along said center line of said road to its intersection with a line drawn parallel to and 259 feet west of the east line of said Gov't Lot 1; thence north along said parallel line 924.4 feet to the point of beginning. The NEl/4 of the SWl/4 of Sec. 3,, T29N, R21W. The East 660 feet of the NWl/4 of the SW1/4 of Sec. 3, T29N, R21W and that part of said NW1/4 of the SWl/4 lying West of the East 660 feet and southeasterly of the following described line; Beginning at a point 450 feet North of the South line of said Northwest Quarter of the Southwest Quarter and 660 feet West of the East line of said Northwest Quarter of Southwest Quarter, .thence Southwesterly to a point on the South line of said Northwest Quarter of Southwest Quarter distant 250 feet East of the Southwest corner of said Northwest Quarter of the Southwest Quarter and there terminate. The South 60 feet of the West 330 feet of the East 660 feet of the Southwest Quarter of the Northwest Quarter of Sec. 3, Township 29 North, Range 21 West. That part of the Southeast Quarter of the Southeast Quarter of Sec. 4, Township 29 North; Rage 21 West described as follows: commencing at the—' southeast corner of said Southeast Quarter of the Southeast Quarter; thence north along the east line of said Southeast Quarter of the Southeast .,-..+=nee of a'; f"t to the point of beginning; thence North- ' westerly deflecting o the left at a angle of .4 degrees 59QQ feet; thence'easterly 335 feet, more or less, to a point on said ?i ne 555 feet north of the point of beginning; thence south 555 feet to the point of beginning. /EXHIBIT A 1YRGE__ `- _.0F.� �-1_PAGES RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING CONCEPT PLAN FOR SPRINGBORNS GREEN ACRES A SUBDIVISION PROPOSED UNDER THE PROVISIONS OF CHAPTER 302 OF THE CITY CODE PROVIDING FOR PLANNED UNIT DEVELOPMENT. WHEREAS, Howard C. Springborn and Gaylen W. Springborn have applied for subdivision approval of a Planned Unit Development to be located on the land described in Exhibit "A" annexed hereto and made a part hereof; and WHEREAS, the proposed plan, now on file with the City Clerk, has been reviewed by the City staff and considered a public hearing by the City Planning Commission all as required by City ordinances; and WHEREAS, the City Council has also considered the proposed Planned Unit Development and subdivision together with the recommendations of the Planning Commission thereon and the recommendations of the City staff; and WHEREAS, the City Council has determined: 1. That the proposed Planned Unit Development Concept Plan is not, in any way, inconsistent with the public health, safety and general welfare. 2. That the proposed Concept Plan is consistent with the intent and purpose of the City's Comprehensive Plan, zoning ordinance, subdivision ordinance and other applicable regulations; provided the conditions of approval set forth below are incorporated into said plan: NOW, THEREFORE, BE IT RESOLVED by the City Council that the Concept Plan for SPRINGBORN'S GREEN ACRES on file with the City Clerk is hereby approved subject to the following conditions: 1. The Concept Plan is approved for 31 lots having a gross density of 2.02 acres per lot for an average lot size of 1.79 acres, all as shown on the plan filed with the City Clerk, as amended. It is the intent of the City Council in approving 31 lots of such size to permit only the same number of lots as would have been permitted under the existing zoning but, at the same time, to permit the Developers to average the density between that part of their land zoned for one acre lot size (25.26 acres) and that part of their land zoned for five acre lot size (30.17 acres). R-78-2 2. Isle Avenue North shall be temporary cul-de-sacs street and may exceed the standard in Section 302.030 (J) (2) of the City's sub- division ordinance. It being the determination of the City Council that the overall design of this Planned Unit Development is of sufficient quality to justify waiving that particular standard. 3. The approval of the Concept Plan set forth in this Resolution does not indicate approval of design standards for any of the public improvements required by City ordinance or policy. 4. Approval of the Concept Plan as set forth in this Resolution is subject to final determination of the park dedication required to be made by Developers under Section 902 of the City subdivision ordinance. Adopted by the City Council this 3rd day of January, 1978. Attest: Donald Mchsikomer, Clerk Thomas G. Armstrong, Mayor - 2 - -DESCRIPTION OF TRACT That part of Gov't. Lot 5, Section 9, Township 29 North, Range 21 West, East Oakdale Township, Washington County, described as follows: Commencing at the intersection of the East line of said Gov't. Lot 5, with the centerline of Lot 8, a 66 feet wide street in Krause's Addition; thence :9esterly along said centerline 490.00 feet to a point; thence N 0° 21' 39" E, 33 feet to the point of beginning of the parcel to be described- thence continuing on same bearing 713 'feet to a Point in the North line of said Gov't. Lot 5; thence Last along said North line 489.47 feet to the Northeast corner of said Gov't. Lot 5 and Section 9; thence South along the Easterly line of said Gov't. Lot 5, 499.20 feet to a point, the Northeasterly corner of Lot 9, Krause's Addition; thence Westerlv 200 feet along the Northerly line of said Lot 9; thence South 173.10 feet along the Westerly line of said Lot 9 to a point in the Northerly line of said Lot 8 of Krause's Addition; thence West 290.00 feet to the'point of beginning and containing 8.37 Acres, more or less. That part of the West half of the Southwest Quarter of Section 3, Township 29 Ncrth, Range 21 West and part of the East half of the Southeast Quarter of section 4, Township 29 North, Range 21 West which lies west of the nrnnosed plat of FOXFIRE ESTATES and lies easterly and southerly of the following described line: Beginning at the northeast corner of said East of the Southeast quarter; thence South 260 feet along the east line of said East half of the Southeast Quarter, thence South 21 degrees 30 9:nutes west 985 feet: thence southerly along a tangential curve concave Ic the east having a radius of 746.20 feet a distance of 390 feet; thence South 79 degrees West 395 feet; thence westerly and southerly along a tangential curve concave to the southeast having a radius of 230 feet a distance of 320 feet-, thence southerly parallel with the west line of said East half of the Southeast Quarter a distance of 25 feet; thence westerly parallel with the south line of said East half of the Southeast Quarter a distance of 350 feet to said west line and there terminate. That part of the SE 1/4- NE 1/4, Section 4, Township 29 North, Range 21 West which lies within 50 feet on each side of the following described center -line Commencing at the southeast corner of said SE 1/4 - NE 1/4; thence north along the east line of said SE 1/4 - NE 1/4 a distance of 390 feet to the point of beginning; thence North 530 West 220 feet; thence North 650 West 910 feet; thence northwesterly on a tangential curve concave to the northeas having a radius of 500 feet a distance of 435 feet to a point of reverse curve; thence northwesterly on a curve concave to the southwest having a radius of 300 feet a distance of 115 feet to the north line of said SE 1/4- NE 1/4 and there terminate. E.,\HIBIT. A PAGES R-78-3 WHEREAS, the City of Lake Elmo desires land known as Reid Park, which land is to be permanent open space. RESOLUTION CITY OF LAKE. ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION R ING FILING ACQUIRE AND PROVISION OF CONSERVATION RESOURCE FUN OF CITY OF LAKE ELMO AUTHOR -- OF APPLICATION FOR GRANT TO DEVELOP OPEN SPACE UNDER THE THE FEDERAL LAND AND WATER FUND ACT AND THE STATE NATURAL FOR REID PARE. WHEREAS, the Land and Water Conservation Fund Act and the State.Natural Resources Fund provides for the making of grants to assist local public bodies in the acquisition of outdoor recreation projects. to acquire certain held and used for. 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 the interior and contained in 43 C.F.R. 17, effectu- ating that title, provides that no person shall be discriminated against because of race, color, or national origin in the use of the land acquired and/or developed. WHEREAS, it is estimated that the cost of acquiring said interest shall be $96,000.00 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo.as follows; 1. That an application be made to the Office of Local and Urban Affairs of the State Planning Agency for a grant from the Land and Water Conservation Fund as amended in 1965 for an amount presently estimated to be $48,000 and the applicant will pay the balance of the cost from other- funds available to it. 2. That, an application be made to the Office of Local and Urban Affairs of the State Planning Agency for a grant from the Natural Resource Fund (Minnesota Laws, 1973, Chapter 720, Section 43, Subdivision 2, par.(g) or (h) for an amount: presently estimted to be $24,000 and the applicant will pay the balance of the cost from other funds available to it. 3. That the Mayor is hereby authorized and directed to execute and to file such application with the State of Minnesota Office of Local and Urban Affairs of the State Planning Agency and to provide additional information and to furnish such documents as may be required by said Agency, to execute such contracts as are required by said Agency and to act as the authorized correspondent of the Applicant.. V I 4. That the proposed acquisition is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will. acquire, and retain said land for use designated in said application and approved by the Office of Local and Urban Affairs and the Bureau of Outdoor Recreation® 5, 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 regulations of the Department of the interior, effectuating Title VI of. the Cavil Rights Act of 1964. Adopted by the City Council of. the City of Lake Elmo, this —_day of 1978. n Thomas G. Armstrong, Mayor Attest: Donald Mehsikomer, Clerk R-78- 4 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY OF LAKE ELMO AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE: AND DEVELOP OPEN SPACE UNDER THE PROVISION OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND FOR BICYCLE TRAILS AND FOOT PATHS IN CITY PARK. WHEREAS, the Land and Water Conservation Fund Act and the State Natural Resources Fund provides for the making of grants to assist local public bodies in the development of outdoor recre- ation projects. WHEREAS, the City of Lake Elmo desires to develop bicycle trails and foot paths in certain land which land is to be held and used for permanent open space. WHERAS, Title VI of the Civil Rights Act of 1964 P.LL.88-•354 (1964) and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 C.F.R. 1.7, effectuating that title, provides that no person shall be dis- criminated against because of race, color, or national origin in the use of the land acquired and/or developed WHEREAS, it is estimated that the cost of acquiring and developing said interest(s) shall. be $20,700. NOW, TIIEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. That an application be made to the Office of Local and Urban Affairs of the State Planning Agency :For a grant from the Land and Water Conservation Fund as amended in 1965 for an amount presently estimated to be $1.0,350 and the applicant will pay the balance of the cost: from other funds available to it. 2. That an application be made to the Office of Local and Urban Affairs of the State Planning Agency for a grant from the Natural Resource Fund (Minnesota Laws, 1973, Chapter 720, Section 43, Subdivision 2, par. (g) or (h) for an amount presently estimated to be $8,280. and the applicant will pay the balance of the cost from other funds available to it. 3. That the Mayor is hereby authorized and directed to execute and to file such application with the State of Minnesota Office of: Local and Urban Affairs of the State Planning Agency and to provide additional information and to furnish such documents as may be required by said Agency, D � '3 ;�, �;; ._ ,� _ . .,. ,,.. r.' �. ; to execute such contracts as are required by said Agency and to act as the authorized correspondent of the Applicant. 4. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land for use(s) designated in said application and approved by the Office of Local and Urban Affairs and. the Bureau of Outdoor. Recreation. 5. That the United States of America and the State of Minnesota be, and they hereby are, assured of full applicant with the regulations of the Department of the Interior, effectuating Title VI of the Civil Rights Act of 1964. Adopted by the City Council of the City of Lake Elmo, this day of ].978. U Thomas G. Arnnstrong, Mayor v Attest: Donald J�ehsikomer, Clerk R-78- J RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTIIORIZING AND DIRECTING THE MAYOR OF THE CITY OF LAKE ELMO TO EXECUTE AND FILE A 5-YEAR ACTION PRO- GRAM FOR REID PARK WHEREAS, the Land and Water Conservation Fund Act (LAWCON) and the State Natural Resources Fund provide for grants to assist local public bodies in the acquisition of outdoor recreation; and WHEREAS, the Rules and. Regulations for .LAC^ICON and the State Natural Resources Fund provide criteria that applications must meet, and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a compre- hensive outdoor recreation plan and 5-year action program (capitol improvement); and WHEREAS, The City of Lake Elmo has an original or revised 5-year action program, which includes Reid Park. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the Mayor is hereby authorized and directed to execute and to file the 5-year action program with the State of Minnesota, Office of Local and Urban Affairs of the State Planning Agency. Adopted by the City Council of the City of Lake Elmo, this day of (), ,. �1978. Thomas G. Armstrong, Mayor 011- Attest: Donald Mehkkomer, Clerk R-78- 6 RESOLUTION CITY OF LAI:E; ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LAKE ELMO TO EXECUTE AND FILE A 5-YEAR ACTION PRO- GRAM FOR CITY PARKS WHEREAS, the Land and Water Conservation Fund Act (LAWCON) and the State Natural Resources Fund provide for grants to assist local public bodies in the development of outdoor recreation; and WHEREAS, the Rules and Regulations for LAWCON and the State Natural Resources Fund provide criteria that applications must meet; and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a comprehensive outdoor recreation plan and 5-year action program (capitol improve- ment); and WHEREAS, the City of Lake Elmo has an original or revised 5- year action program, which includes Bicycle Trails and Foot Paths. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the Mayor is hereby authorized and directed to execute and to file the 5-year action program with the State of Minnesota, Office of Local and Urban Affairs of the State Planning Agency. Adopted by the City Council of. the City of Lake Elmo, this day of G__r 1978. Thomas G. Armstrong, Mayor_ Cl Attest: Donald M lisikomer, Clerk R- 78- RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING A POLICY OF EQUAL OPPORTUNITY EMPLOYMENT WHEREAS, it is the policy of the City of Lake Elmo to foster equal opportunity for all to obtain employment, education, housing, public accomodations and public services without regard to race, creed., color, sex, age, national origin or ancestry; and WHEREAS, the City Council of the City of Lake Elmo recognizes that it is the right of all job applicants and employees to be recruited, hired, and promoted in all job classifications within the City without regard to race, creed, color, sex, age, national origin or ancestry, except where sex is a bona fide occupational qualification: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the City does, hereby, declare its policy to take such action as may be necessary and establish such programs as may be appropriate to ensure that all recruiting, hiring, and promotion, in all job classifications within the City of Lake Elmo shall be conducted without regard to race, creed, color, sex, age, national origin or ancestry, except in those cases where sex is a bona fide occupational qualification. Adopted by the City Council of the City of Lake Elmo this 17th day of January, 1978. Thomas G. Armstrong, Clerk Attest: a�� fto3l4G�J Donald Mehs'komer, Clerk R--78- 00 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING CONCEPT PLAN FOR BROCKMAN ADDITION, A SUBDIVISION PROPOSED UNDER THE PROVISIONS OF CHAPTER 401 OF THE CITY CODE REGULATING THE SUBDIVISION OF LAND. WHEREAS, Calvin J. Brockman and Donald T. Raleigh, owners, and Anita Brookman, contract seller, have filed a Concept Plan for the proposed sub- division of BROOKMAN ADDITION for approval prior to incurring engineering and other expenses for the design of streets, utilities, and storm water controls and for the preparation of a plat; and WHEREAS, the Concept Plan of the proposed subdivision, now on file with the City Clerk, has been reviewed by the City staff and considered at a public hearing by the City Planning Commission, all as required by Section 3 of the City subdivision ordinance; and WHEREAS, the City Council has considered said Concept Plan, the recom- mendation of the City Planning Commission, and the recommendations of the City staff thereon; and WHEREAS, the City Council has determined: 1. The Concept Plan for the proposed subdivision, now on file with the City Clerk, is not in any way inconsistent with the public health, safety and welfare. 2. The Concept Plan for the proposed subdivision is consistent with the City's Comprehensive Plan, zoning ordinance, subdivision ordinance and other applicable regulations: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the Concept Plan for the BROOKMAN ADDITION subdivision, as filed with the City Clerk, is hereby approved subject to the following conditions: 1. The approval of the Concept Plan for the BROOKMAN ADDITION, subdivision is limited to those ;natters set forth in the Concept Plan and does not constitute approval of the design standards for any of the streets or other public improvements required by the City subdivision ordinance except that: (a) The streets in said subdivision may be designed with bituminous curbs and gutters to be used until such time as sewer may be installed; R-78- (b) No public alley shall be required as part of the street design for said subdivision; said exceptions being in accordance with the recommendations of the Planning Commission. 2. Detailed engineering data as required by the City Engineer for evaluating a surface water drainage plan and a road and utilities plan shall be submitted to the engineer or prepared by the City Engineer at developer's expense as a pass -through cost. 3. In addition to detailed engineering data as required by the City Engineer, the developers shall submit such data as is required to be sub- mitted with a plat under the provisions of the City's subdivision ordinance. Adopted by the City Council this 30th day of January, 1978. Attest: -- ,nonald Meh ikomer, Clerk Mayor - 2 - R-78-8 '/ RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A Resolution Establishing Water Service Rates from and after January 1, 1978. WHEREAS, Section 601.080 of the Lake Elmo Municipal Code provides that the City Council shall establish rates for water service by Resolution; and WHEREAS, it appears that it is necessary and proper to establish new rates for water service in the City of Lake Elmo in order to reimburse the City for the cost of providing that service and to encourage conservation of water; and WHEREAS, the City Council has determined that the following rates shall achieve those purposes: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that from and after January 1, 1978, each user shall be charged a "fixed expense charge" of $5.00 per quarter plus $.40 (40 cents) for each thousand gallons of water used; provided, however, the minimum charge per quarter shall be $7.50. From and after January 1, 1979, each user shall be charged a "fixed expense charge" of $5.00 per quarter plus $.60 (60 cents) for each thousand gallons of water used; provided, however, the minimum charge per quarter shall be $7.50. Adopted by the City Council of the City of Lake Elmo, this 7th day of February, 1978. Thomas G. Armstrong, Mayor C7� Attest s'k Donald Mehomer, Clerk R-78- i u RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING SPECIAL USE PERMIT TO JOHN ARENT WHEREAS, John Arent of 9035 10th Street North has requested a Special Use Permit for a dog kennel to permit the keeping of approximately 50 dogs at the above address; and WHEREAS, the Planning Commission, after conducting a public hearing on said application as required by City ordinance, has recommended unanimously that the Special Permit be granted subject to renewal on a year-to-year basis; and WHEREAS, the applicant appeared before the City Council December 6, 1977, at which time the City Council considered the application and the recommendation of the Planning Commission; and WHEREAS, the City Council has determined that the use proposed by the applicant will not be detrimental to the health, safety, morals, or general welfare of the community, nor will it cause serious traffic congestion or hazards, nor will it seriously depreciate the surrounding property values, provided such use is limited and restricted as hereinafter set forth. That the said use, is limited and restricted as hereinafter set forth, is in harmony with the general purposes and intent of the City zoning ordinance and the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the applicant, John Arent, is hereby granted a Special Use Permit for a dog kennel at 9035 loth Street North, Lake Elmo, Minnesota, subject to the following conditions, limitations and restrictions: 1. No more that 50 dogs shall be kept at said kennel at any one time. 2. All dogs kept at said kennel shall be dept in accordance with the provisions of Section 1402 of the City Code, except that individual registration of such dogs as required by Section 1402.020 shall not be required. Specifically, no dog kept on said premises shall be permitted to run at large within the meaning of said Section 1402. 3. The discharge of live amunition shall he prohibited. 4. Any violation of the provisions of this Special Use Permit or other ordinances of the City relating to the keeping of dogs or prohibiting nuisances shall be grounds for revocation of this permit after a hearing on two weeks notice to applicant. 5. Said permit shall not be effective until the same has been endorsed by the applicant and approved by the City Attorney and the original thereof filed with the City Clerk. R- 78- fo Page 2 �'.cG'zc�a c�• Adopted by the City Council this day of may, 1978. -- r Thomas G. Armstrong, Mayor Attest: onald Meh 'komer, Clerk R-78-11 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING RICHARD JOHNSON FOR HIS SERVICE TO THE CITY OF LAKE ELMO ON THE LAKE ELMO PLANNING COMMISSION WHEREAS, Mr. Richard Johnson of Lake Elmo has served the City of Lake Elmo as an active member of the Planning and Zoning Commission of said City; and WHEREAS, the current Planning and Zoning Commission of the City of Lake Elmo has requested the City Council acknowledge Mr. Johnson's contribution of service to the City: NOW, THEREFORE, BE IT RESOLVED, by the City Couna.il of the City of Lake Elmo that Mr. Johnson be, and hereby is, commended by the City Council for his years of service to the City. Adopted by the City Council this 7th day of February , 1978. ThomV� as�G�. Armstrong, Mayy� or Attest: 4', l ���� .�nyl l e onald Me ikomer, Clerk R-78-12 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OPPOSING ADOPTION OF SF 1966 AND HF 1740 WHEREAS, a bill for an act to expand the.Washington.County Board of Commissioners from five to seven members has been intro- duced into Minnesota Legislature; and, WHEREAS, this council, after investigation and consideration has determined there has been no demonstrated need for such expan- sion nor any showing that it is in public interest; and, WHEREAS, the council believes that representation on the Washington County Board as it now exists fulfills the needs and desires of County residents; and, WHEREAS, neither the City Council nor the Lake Elmo constit- uency or residents of the County as a whole, to our knowledge favor such a change to increase the size of the County Board; and, WHEREAS, the City Council sees the prospects of such mandates, especially those that only apply to one body in a category of bodies, being handed down by the Legislature as unnecessary and uncalled for; and, WHEREAS, the council objects to Special Legislation for this or any one local government; and, WHEREAS, the costs of local government do not need to be in- creased, which this measure will surely do; and, WHEREAS, no one has demonstrated a 7 member board would work more effectively or represent the County more fairly; and, WHEREAS, there is no current census data upon which to base the proposed redistricting of the County; and, WHEREAS, neither the County Board nor any other elected representatives of the County were consulted with respect to the need for such legislation. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Lake Elmo, County of Washington, State of Minnesota; 1. That the city council of the City of Lake Elmo hereby express its opposition to said bill, identified as S.F. 1966 and H.F. 1740. 2. That copies of this resolution be forwarded to the Washington County Board, Senator Sikorski, Representative George and to the Chairperson Representative Berg of the Legislative Committee considering this matter. R-78-12 Page 2 Adopted by the City Council this 21 day of February , 1978. C Thomas G. Armstrong, Mayor Attest: Donald Mehs komer, Clerk R-78-13 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING AND AUTHORIZING A NEGATIVE DECLARATION NOTICE ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR FOXFIRE ESTATES AND SPRINGBORN"S GREEN ACRES: AND AUTHORIZING THE MAYOR TO EXECUTE SAID DECLARATION ON BEHALF OF THE CITY OF LAKE ELMO WHEREAS, the City Council and staff have reviewed the Environ- mental Assessment Worksheet for Foxfire Estates and Springborn's Green Acres; and, WHEREAS, the City Council and staff have concluded that this is a private action with no more than local significance; and, WHEREAS, this project does not have the potential for signifi- cant environmental effects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF LAKE ELMO, COUNTY OF WASHINGTON, STATE OF MINNESOTA: THAT, the City Council approves a Negative Declaration on the Environmental Assessment Worksheet for Foxfire Estates and Springborn's Green Acres; and, THAT, the City Council authorizes the Mayor to execute a Negative Declaration Notice for an Environmental Impact Statement for this project, because the project is not a major action and does not, as proposed, have the potential for significant environmental effects and the project is not of more than local significance. Approve this th seconded by L. Adopted this the Attest: e 21st.day of March,.1978, in a motion by F. Pott Shervheim Vote: 21st.day of March, 1978. C , Thomas G. Armstrong, Mayor R-78-14 RESOLUTION CITY OF LAKE ELMO WASHINGTON.COUNTY, MINNESOTA A RESOLUTION APPROVING PRELIMINARY PLAT OF BROOKMAN ADDITION WHEREAS, the City Council has prior to the date hereof approved the Concept Plan for BROOKMAN ADDITION; and WHEREAS, the Planning Commission of the City of Lake Elmo on Tuesday, February 14, 1978, duly held a public hearing to consider the preliminary plat of BROOKMAN ADDITION as required by the City Subdivision Ordinance; and WHEREAS, the City Planning Commission on March 14, 1978, unanimously recommended approval of said preliminary plat subject to restrictions being imposed on the right of access from County State Aid Highway 17 and State Highway 212 to individual lots in said plat and subject to an additional twenty-five (25) foot drainage .and utility easement to be provided along the right-of-way of County road 17; and WHEREAS, the City Council has reviewed said preliminary plat and considered the recommendations of the Planning Commission and the advice of the City Engineer and City Planner thereon: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the preliminary plat of BROOKMAN ADDITION now on file with the City clerk be and the same is hereby, approved with the following restrictions: 1. There shall be no additional access from individual lots to State Highway 212 nor shall there be any additional major access from individual lots to County State Aid Road 17; but the owners shall have the right to establish additional secondary access to said County Road 17 from that part of said plat lying North of proposed 39th Street. 2. The owners shall grant an additional twenty-five (25) foot drainage and utility easement along said County Highway 17. Adopted by the City Council this 21st day of March, 1978. Cam. Thomas Armstrong, Mayor Attest: Donald STATE OF MINNESOTA ) ), ss. COUNTY OF WASHINGTON ) I certify that T have compared the foregoing copy of Resolution R-78-14 with the original thereof contained in the records of my office and I find said copy to be true, correct and complete. March ,3/ , 1978. (SEAL) op[ Donald ftehsikomer, Clerk - 2 - R-78-15 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OPPOSING FURTHER ACQUISITIONS FOR COUNTY PARK WHEREAS, the City Council of the City of Lake Elmo has previously met with the Washington County Board of Commissioners concerning the acquisition of additional land for the Washington County Metropolitan Park in the City of Lake Elmo; and WHEREAS, it was, and is, the understanding of the City Council that no further land will be acquired to said park unless the County first consults with the City and secures permission of the City Council foreach specific proposed acquisition; and WHEREAS, the City Council is now informed that Washington County is attempting to purchase additional land for said park - specifically, a 40 acre tract of land lying North and East of the present park land; and WHEREAS, the City Council has determined that it would be detrimental to the interests of the City to have said parcel of land included in said park; and WHEREAS, the City Council has not yet received from Washington County a report of the conclusions of the Planners retained by the County for the purpose of determining whether or not the so-called "Mears' Farm" should remain within the boundaries of said park or whether the northerly part of said farm should be made available for other uses; and WHEREAS, the land the County now seeks to acquire for said park is immediately to the East of that part of the "Mears' Farm" which may be released from the park: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the Washington County Board of Commissioners take the following action: 1. Immediately order and direct all employees of Washington County to cease any activities for the purpose of acquiring additional land in the City of Lake Elmo for park purposes. 2. Establish a policy that no lands in the City of Lake Elmo shall be acquired for park purposes without the prior written approval of the City of Lake Elmo approving the acquisition of a specific tract of land to be described in such writing. 3. Order and direct the responsible employees or agents to immediately complete their study and recommendations with respect to the desirability of including the northern part of the "Mears' Farm" in said park and to make a report of their conclusions to the Washington County Board of Commissioners and the City Council of the City of Lake Elmo. 4. Order and direct its employees and agents to file copies of any plans, correspondence or other documents prepared or reviewed by them relating to park land acquisitions or development of parks within the City of Lake Elmo with the Lake Elmo City Clerk. BE IT FURTHER RESOLVED, that the City Clerk shall mail copies of this Resolution to each member of the Washington County Board of Commissioners, the County Auditor, the County Coordinator, the County Engineer and the County Planner. Adopted by the City Council this 21st day of March, 1978. Attest: Donald Mehsikomer, Clerk Thomas Armstrong, Mayor - 2 - R-78-15 RESOLUTION CITY OF LAKE ELMO WASHINGTON.COUNTY, MINNESOTA 6,�� A RESOLUTION IOPOSxN�; FATHER ACQUISITIONS FOR COUNTY PARK WHEREAS, the City Council of the City of Lake Elmo has previously met with the Washington County Board of Commissioners concerning the acquisition of additional land for the Washington County Metropolitan Park in the City of Lake Elmo; and WHEREAS, it was, and is, the understanding of the City Council that no further land will be acquired to said park unless the County first consults with the City and secures permission of the City Council for each specific proposed acquisition; and WHEREAS, the City Council is now informed that Washington County is attempting to purchase additional land for said park - specifically, a 40 acre tract of land lying North and East of the present park land; and WHEREAS, the City Council has determined that it would be detrimental to the interests of the City to have said parcel of land included in said park; and WHEREAS, the City Council has not yet received from Washington County a report of the conclusions of the Planners retained by the County for the purpose of determining whether or not the so-called "Mears' Farm" should remain within the boundaries of said park or whether the northerly part of said farm should be made available for other uses; and WHEREAS, the land the County now seeks to acquire for said park is immediately to the East of that part of the "Mears' Farm" which may be released from the park: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the Washington County Board of Commissioners take the following action: 1. Immediately order and direct all employees of Washington County to cease any activities for the purpose of acquiring additional land in the City of Lake Elmo for park purposes. 2. Establish a policy that no lands in the City of Lake Elmo shall be acquired for park purposes without the prior written approval of the City of Lake Elmo approving the acquisition of a specific tract of land to be described in such writing. 3. Order and direct the responsible employees or agents to immediately complete their study and recommendations with respect to the desirability of including the northern part of the "Mears' Farm" in said park and to make a report of their conclusions to the Washington County Board of Commissioners and the City Council of the City of Lake Elmo. 4. Order and direct its employees and agents to file copies of any plans, correspondence or other documents prepared or reviewed by them relating to park land acquisitions or development of parks within the City of Lake Elmo with the Lake Elmo City Clerk. BE IT FURTHER RESOLVED, that the City Clerk shall mail copies of this Resolution to each member of the Washington County Board of Commissioners, the County Auditor, the County Coordinator, the County Engineer and the County Planner. Adopted .by the City Council this 21st day of March, 1978. Attest: DONALD MEHSIKOMER Donald Mehsikomer, Clerk THOMAS ARMSTRONG Thomas Armstrong, Mayor - 2 - R78-16 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNES A RESOLUTION REQUESTING CONSTRUCTION OF DETACHED FRONTAGE ROADS BY THE STATE OF MINNESOTA ALONG INTERSTATE 94 IN EVENT OF THE SOUTHERN ROUTE. WHEREAS, the Minnesota Department of Transportation has presented to the City of Lake Elmo plans for location of Inter- state Highway No. 94 along the so-called southern route; and WHEREAS, the City Council of the City of Lake Elmo has reviewed those plans with the advice and assistance of. the City Engineer; and WHEREAS, the Planning Commission of the City of Lake Elmo, also with -the advice and assistance of the City Engineer, has reviewed those plans and made the following recommendations to the City Council: That the proposed frontage roads and interchanges set forth in the plans presented to the City by the State Department of Transportation for the location of Inter- state 94 are inadequate to meet the needs of the City of Lake Elmo and will be detrimental to good planning and land use within the City of. Lake Elmo for the following reasons: 1. Inconsistence with the Lake Elmo plan which has been in existence more than 15 years. 2. Poor utilization of land. 3. This plan will cause Lake Elmo taxpayers undue expense to build and maintain another secondary road, as detached roads will be necessary to serve the area eventually 4. Attached frontage roads are a waste of land, energy, money, e.g. Bloomington. 5. Frontage roads immediately attached to freeway have a cumbersome curved roadbed at every intersection with a street crossing the freeway. 6. Access to Guardian Angels Church will be a severe traffic problem with only one access. 7. Discontinued frontage road encumbers emergency service, i.e., police and fire protection. 8. Attached frontage roads cause excessive utility costs; and WHEREAS, the City Council has determined, based on the advice of its engineer, that detached frontage roads located a sufficient distance to the North of the freeway right-of-way would eliminate the problems enumerated by the Planning Commission; and WHEREAS, the need for any frontage roads at all is caused by the decision of the Minnesota Department of. Transportation to con- struct 194 along the present Highway 12 alignment; for if Minnesota Department of Transportation had not changed its plans and had constructed Interstate 94 along the so-called northern route, the existing roads -• 10th Avenue North and Highway 12 - would have provided the necessary "detached frontage roads' to meet the needs of. the City of Lake Elmo in accordance with the plans ( developed by the City over the last 15 years. WHEREAS, the City Council is aware of the fact that similar problems in Woodbury and Afton, created by this decision, have been solved by Minnesota Department of Transportation in propos- ing detached frontage roads; and, WHEREAS, the ptoposed frontage roads fall far short of pro- viding access to Section 32 to the degree it is now provided; and, WHEREAS, the City of Lake Elmo is unwilling to accept attach- ed frontage roads not consistent with its plan; and is likewise unwilling to bear the cost of constructing frontage roads neces- sitated by a.Minnesota Department of Transportation decision over which the City had no control; NOW, THEREFORE, BE IT RESOLVED, by the City Council of. the City of Lake Elmo that the Minnesota Department of. Transportation is hereby urged to take account of the needs of theCity of Lake Elmo as determined above and to revise its said plans for the location of Interstate 94 on the so-called southern route so as to provide reasonably located detached frontage roads meeting the needs of the City of Lake Elmo; and BE IT FURTHER RESOLVED, that the Minnesota Department of Transportation, if it proceeds with construction of Interstate Highway 94 on the so-called southern route, include within that construction, at State costs, the construction of such detached frontage roads. Adopted by the City Council this 4th. day of April, 1978. Thomas A£mstrong, Mayor Attest: Ne 0 .. •-. 1, Mn/DOT 2520 (10-77) R E C E I P T I have received from 0• F. Eurrill f District Director, Minnesota Department of Transportation, and have filed the following described documents: Construction plans, special provisions, and resolution forms for S.P. 8214-77 `212w45) for bituminous resurfacing and shoulders R-78- ! 9 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CALLING FOR PUBLIC HEARING ON SANITARY SEWER IMPROVEMENTS. BE TT RESOLVED, by the City Council of the City of Lake Elmo, .Minnesota, as follows: 1. The City Council deems it necessary and expedient that the City of Lake Elmo, Minnesota, conduct certain sanitary sewer improvements, all more particularly described in accordance with the preliminary plans and specifications prepared by its consulting engineer, Bonestroo, Rosene, Anderlik & Associates, Inc. 2. The Council has been advised by the consulting engineers that the proposed improvements are feasible and should best be made as proposed, and the consulting engineers report to this effect has heretofore been received by the Council. 3. A public hearing will be held in the Lake Elmo Elementary School at the intersection of Lake Elmo Avenue North and Highway 212 in the City of Lake Elmo on June 20, 1978, at 7:00 o'clock P.M. to consider the improvements described in the Notice of Hearing attached hereto. 4. The nature of the improvements, the estimated cost thereof, and the area proposed to be assessed therefore, are described in the form of the Notice of Hearing attached hereto. 5. The Notice of said public hearing shall be in substantially the form of the Notice attached hereto. 6. The City Clerk is hereby authorized and directed to cause notice of said hearing to be given two publications in the official newspaper. Said publication shall be one week apart and at least three days shall elapse between the last publication and the hearing. Not less than ten (10) days before the hearing, the Clerk shall mail notice of the hearing to the owner of each parcel of land within the areas proposed to be assessed. Adopted by the City Council of the City of Lake Elmo this 2nd day of May , 1978. Taomas G. Armstrong, Mayor Attest: Donald Mehsikgmler, Clerk R-78-19 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING PARKING RESTRICTIONS ON C.S.A.H. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF LAKE ELMO, COUNTY OF WASHINGTON, STATE OF MINNESOTA: THAT, the Lake Elmo City Council hereby requests the Washington County Board of Commissioners to designate the following parking restrictions along County State Aid High- way No. 17 located in the City of Lake Elmo: "NO PARKING ANY TIME" on the west side of County State Aid Highway No. 17 between the south curb line of 33rd Street North and a point located 60 feet south of the south curb line of 33rd. Street North. Adopted by the City Council of the City of Lake Elmo this the 6th. of June, 1978. Thomas G. ARmstrong, Mayor Attest: r -r!ounty - a "2/439-6058 HIGHWAY D PARTME T 11660 MYERON RD. N. • STILLWATER, MINNESOTA 555082 May 31, 1978 CHARLES J. SWANSON P.E. COUNTY HIGHWAY ENGINEER Mr. Laurence E. Whittaker Administrative Assistant City of Lake Elmo 33rd Street and LaVerne Avenue Lake Elmo, Minnesota 55042 RE: Parking Restrictions on C.S.A.H. 17 Hear Mr. Whittaker: We are transmitting a sample resolution, for passage by the Lake Elmo City Council, to initiate parking restrictions in front of the Hagstrom property, After receipt of the approved resolution, we will submit the necessary resolution to the County Board of Commissioners for their action. Please process and return to me for follow up. p- Sincerely, 9 �s b Lawrence W. Bousquet, h Traffic Services Supervisor !� LWB:ar enc. T, CC S OLc ` l D 0/u. L4,)kc- 44 1 N) ELmO JAL SDLt��4b�LC�?tt SST +J t�q+R .,j ©N-- a ri A, )j0 U� E BEE ._ RESOLVED Ca �theLake Elm y� � City Council 1 L hereby requests the Washington County Board of Commissioners to designate the following parking restrictions along County State Aid Highway No. 17 VJ located in the City of Lake Elmo; '1,1-T P-\ 0 � 1' "NO PARKING ANY TIME" on the west side of County State Aid Highway No. 17 between the south curb line of 33rd Street North and a point located 60 feet south of the south curb line of 33rd Street North. U 1q,R�z- a,,. ar + RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PRELIMINARY PLAT FOR TRI-STAR ADDITION, A SUBDIVISION PROPOSED UNDER THE PROVISIONS OF CHAPTER 401 OF THE CITY CODE REGULATING THE SUBDIVISION OI' LAND. WHEREAS, Tri-Star Co., a Minnesota corporation, as owner, has filed a Preliminary Plat for the proposed subdivision of. TRI-STAR ADDITION for approval prior to incurring engineering and other expenses for the design of streets, utilities, and storm water controls and for the preparation of a plat; and WIiEREAS, the Preliminary Plat of the proposed subdivision, now on file with the City Clerk, has been reviewed by the City staff and considered at a public hearing by the City Planning Commission, all as required by Section 3 of the City subdivision ordinance; and WHEREAS, the City Council has considered said Preliminary Plat, the recommendation of the City Planning Commission, and the recommendations of the City staff thereon; and WHEREAS, the City Council has determined: 1. The Preliminary Plat for the proposed subdivision, now on file with the City Clerk, is not in any way inconsistent with the public health, safety and welfare. 2. The Preliminary Plat for the proposed subdivision is consistent with the City's Comprehensive Plan, zoning ordinance, subdivision ordinance and other applicable regulations: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Take Elmo, that the Preliminary Plat for the TRI-STAR ADDITION'subidivsion, as filed with the City Clerk, is hereby approved subject to the following conditions: 1. The approval of. the Preliminary Plat for the TRI-STAR ADDITION, subdivision is limited to those matters set forth in the Preliminary Plat and does not constitute approval. of the design standards for any of the streets or other public improvements required by the City subdivision ordinance. 2. Detailed engineering data as required by the City Engineer for evaluating a surface water drainage plan and a road and utilities plan shall be submitted to the engineer or prepared by the City Engineer at developer's expense as a pass -through cost. 3. In addition to detailed engineering data as required by the City Engineer, the developers shall submit such data as is required to be submitted with a plat under the provisions of the City's subdivision ordinance. Adopted by the City Council this i day of June, 1978. Mayor Attest: R-78-20 A RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION URGING THE VALLEY BRANCH WATERSHED DISTRICT TO UNDERTAKE TEMPORARY AND PERMANENT FLOOD CONTROL MEASURES. WHEREAS, the City Council of the City of Lake Elmo at its regular meeting held July 5, 1978, received a report from the City Engineer indicating that there is present flooding and a threat of additional severe flooding in the City of Lake Elmo as a result of excessive run-off from recent rains and approximately 570 acre feet of water which has built up on Long Lake and Silver Lake, also as a result of the recent heavy rains. This situation, according to the report of the City Engineer, is as critical as or worse than the situation in 1975 when severe flood damage was experienced in the City of Lake Elmo. The Engineer further reported that the present lake levels in the City of Lake Elmo, as compared with the 1975-1976 levels are as follows: July 1978 Elevations 1975-1976 Elevations Lake Elmo 887.6 886.2 Eagle Point 897.7 896.3 Lake Jane 922.6 923.3 Lake Olson 928.6 929.9 Goose Lake 925.11 Sunfish Lake 892.7 892.9 WHEREAS, the City Council also received a report from its Engineer and numerous property owners describing severe flood conditions existing in the Jamaca Court area. The report of the property owners indicates that the flood conditions in the Jamaca Court area have flooded individual sewage disposal systems causing them to back up on the ground and in the homes. They further report that the contaminated water caused by said back-up is sitting on the ground around their homes.; and WHEREAS, several homes, septic systems and access ways are submerged surrounding Lake Elmo, and WHEREAS, it appears to the City Council of the City of Lake Elmo that immediate emergency action is necessary to remove the contaminated flood water from the Jamaca Court area, and to lower the level of Lake Elmo; and WHEREAS, it appears to the City Council that it may be necessary and appropriate to take other emergency action to pre- vent substantial flood damage and to preserve public and private property in other parts of the City of Lake Elmo and to avoid health hazards which may result from the flooding of individual sewage disposal systems; and WHEREAS, the City Council of the City of Lake Elmo has, before this date, determined that the problem of control of flood waters and the prevention of damage from flood waters is, to a large extent, beyond the jurisdiction and responsibility of the City of Lake Elmo and that the Valley Branch Watershed District has both the power and authority to deal with these matters: NOW, THEREFORE, BE IT RESOLVED, by. the City Council of the City of Lake Elmo as follows: 1. That the City Council by this Resolution, requests immediate emergency action by the Valley Branch Watershed District to abate the flood conditions in the Jamaca Court area and in the area surrounding Lake Elmo Lake. 2. The City Council suggests that the appropriate temporary action in the Jamaca Court area would be to install pumping equipment to move the water to Eagel Point Fork or, to replace the existing culvert so that the flood waters will drain by gravity into the Eagle Point Fork waterway. 3. That the City Council suggests that appropriate emergency action to reduce the level of Lake Elmo Lake would be to sand bag the outlet of Eagle Point Lake so as to retain more water and slow the flow to Lake Elmo Lake. 4. The Valley Branch Watershed District and the_ State Department of Natural Resources are hereby notified that the City of Lake Elmo considers the suggested temporary emergency action to be a minimum necessary to protect the health and safety of the Lake Elmo residents within the Jamaca Court area and in the area surrounding Lake Elmo Lake and for that reason it is the City Council's present intention to take such temporary action to protect the public in the event the Valley Branch Watershed District fails to. If it becomes necessary for the City to take such action the consent and financial assistance of the Valley Branch Watershed District and the consent and assistance of the Department of Natural Resources is hereby requested. 5. That the City Council by this Resolution, once again requests that the Valley Branch Watershed District proceed, as 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 to levy or assess the cost thereof, in a fair and equitable manner throughout the entire Watershed District, based on consideration of benefits received by any particular property and the constitution to the flood problems caused by the present or potential use of the various properties within that district. 6. That a copy of the Resolution of this City number R-76--12 adopted April 23, 1976, be attached to this Resolution. A copy of this Resolution be delivered forthwith to the Chairman and Secretary of the Valley Branch Watershed District. Adopted by the City Council of the City of Lake Elmo this 5th day of July, 1978. Thomas G. Armstrong, Mayar Attest: 42-2 %a Donald M sikomer, Clerk R-78-21 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO HUFF N PUFF DAYS IN THE CITY OF LAKE ELMO WHEREAS, Huff n Puff 1977 was shown to be a fun way to raise money for park equipment; and WHEREAS, several local issues have gotten us warmed up for huffing and puffing; and WHEREAS, many more citizens are taking up sport activities; and WHEREAS, community spirit and health can benefit along with our parks; and WHEREAS, election years are most suited for huffing and puffing; THEREFORE, BE IT RESOLVED, that August 19 and 10 are officially designated and HUFF N PUFF DAYS in Lake Elmo. Adopted by the City Council this 18th day of July, 1978. Thomas Armstrong, Mayor Attest: r�; •y� r`-c-�y!�l�rlYY�dnJ Donald Meh ikomer, Clerk U.S. DEPARTMENT OF HOUSING.AND URnAN DEVELOPMENT -. 22- FEDERAL DISASTER ASSISTANCE ADMINISTRATION DESIGNATION OF APPLICANT'S LOCAL AGENT RESOLUTION " Cites .Council OF City of Lake Elmo aker (Public Entity) ' Administrative Assistant -.*(Nnnte ofG,cumbent/ (Official Position) 33rd St. No.; Lake Elmo 612 777-5510 ,. (Address) (Tel, Phone .vo.) E�ano Minnesota 55011,2 (city) - (Stata) (Zip Code) ` o execute for and in behalf of the City of Lake Elmo ' ®, a public entity established under the laws of the State of Minneao a i file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance ief Act, (Public Law 28$, 93rd Congress) or otherwise available from the President's Disaster Relief .ty of Lake Elmo a public entity established under the laws of the State of_M_ ixineH_nta , hereby authorizes its agent to provide to the State and to the Federal Disaster Assistance N), Department of Housing and Urban Development (HUD) for all matters pertaining to such Federal assurances and agreements printed on the reverse side hereof. ,ed this day of �. 19 1 k� (Name and Title) _ (Name and Title) (Name and Title) - CERTIFICATION hsikomer City Clerk of_ duly appointed and - - (Title) - ake Elmo do hereby certify that the abdve is a true and correct copy of a resolutiou pthe City Council. og City of Lake Elmo' (Governing Body) (Public Entity). —day of 6AI t(Position) _ ��(3eiymature) 'd not be pronlded in those cases where the governing bodyof the public entity desires to authorise any incumbent position to iapresent it. - - - HUD-49016-77) R-78-23 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CONCERNING WATER EMERGENCIES ON LAKE ELMO LAKE WHEREAS, flood waters resulting from recent heavy rains have caused flooding throughout the City of Lake Elmo; and WHEREAS, said flooding has resulted in substantial damage being caused to property around Lake Elmo Lake in that a number of septic systems (at least 11) some homes (at least 6) and a number of driveways have been inundated; and WHEREAS, it appears that the flooding of such septic systems may also constitute a health hazard; and WHEREAS, it appears that said flooding is caused by the fact that the outflow of Lake Elmo Lake does not have adequate capacity; and WHEREAS, it appears that prior to the widening of County Road 17 (approximately ten (10) years ago) the outflow of Lake Elmo was through a six foot stone archway which had been established in 1902. This stone archway was partially blocked as part of the County Road project and an undersized culvert was inserted through the expanded road as an extension of the archway; and as a result the outflow capacity was substantially reduced; and WHEREAS, the Valley Branch Watershed District has approved the re -opening of the outlet of Lake Elmo Lake so as to make the outlet at least equal in size to the inlet. The approval of the Watershed District was given at its meeting of July 6, 1978, at the time, it approved other flood emergency measures as out- lined in the attached letter to Washington County Board of Commissioners dated July 7, 1978; and WHEREAS, it appears that the re -opening of this outlet will have to be performed by the Washington County Engineering Department since it is underneath, and part of, the structure of County Road 17: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. That the Washington County Board of Commissioners be, and they are hereby, urged to take immediate steps to provide Lake Elmo Lake with an outlet under County Road 17 at least equal in size to the inlet. 2. That the said Board of Commissioners be, and they are hereby, urged to extend their continuing approval to the actions of the City of Lake Elmo taken, within City boundaries, as emergency measures to protect the citizens of Lake Elmo and their property - including the use of County land for the temporary dike which is now controlling the flow of water out of Eagle Point Lake. 3. That the said County Board be, and is hereby, asked to accept the sincere thanks of the City of Lake Elmo for its cooperative attitude, thus far displyed, in permitting the City to meet this emergency by retaining waters on Eagle Point Lake. Adopted by the City Council of the City of Lake Elmo this 18th day of July, 1978. Attest: �YGeI,C�r� ✓/L.Cis/.lJ.s' .�trJ'r7,P/Lr ,Xbonald Mehs'komer, Clerk Thomas G. Armstrong, Mayor - 2 - MAYOR THOMAS G. ARMSTRONG COUNCILMEN AVID A. MORGAN .ANCIS J. POTT LLOYD SHERVHEIM COUNCILWOMAN DOROTHY HAMMES LYONS CLERK -TREASURER DONALD MEHSIKOMER (rihi of flake rlmn Thirty-third and Laverne Avenue Lake Elmo, Minnesota 55042 777-5510 July 7, 1978 1 Board of Commissioners Washington County, Minnesota Washington County Courthouse 14900 61st Street North Stillwater, Mn 55082 Re: Emergency Flood Control - City of Lake Elmo Dear Commissioners: One purpose of this letter is to report to you the emergency action taken by the City of Lake Elmo - with approval of the Valley Branch Watershed District - to abate certain health hazards caused by flooding and prevent further flood damage in residential areas. First of all, the City is pumping flood waters from around a number of homes in the Jamaca Court area in order to eliminate the health hazard now existing because of flooded septic systems. Secondly, the City is constructing a sand bag dam across the southerly outlet of Eagle Point Lake to retain some of the flood waters in Eagle Point Lake. The waters so retained in Eagle Point Lake will not be allowed to go above the lake level as it was on the evening of July a., 1978. By retaining these waters in Eagle Point Lake the City hopes to reduce the level of Lake Elmo so as to eliminate the health hazards now existing because of flooded septic systems on that lake. There is an additional safety hazard on Lake Elmo because the driveways to some of the homes are under water and the homes are, therefore, inaccessible to fire trucks or other emergency vehicles. It is a .further purpose of this letter to request your assistance and support in establishing a more permanent method of controlling the outlet on Eagle Point Lake so that its substantial capacity to store flood waters may be used from time -to -time, as needed, to prevent flood damage such as now exists on Lake Elmo. With this in mind we would like to request, specifically, that the County Board authorize ts staff to assist the City of Lake Elmo in preparing plans and making the improvements which may be necessary for controlling the outlet of Eagle Point Lake. Yours truly, Thomas G. Armstrong, Mayor TGS: rh R-78- RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING MINOR SUBDIVISION ON APPLICATION OF DEAN BEUTEL. WHEREAS, Dean Beutel, applicant, and Edward Beutel, owner, have applied to the City Council for approval of a minor subdivision under the provisions of Section 905.01 of the Washington County Model Subdivision Ordinance as adopted by the City of Lake Elmo for the purpose of subdividing the following described tract of land into three parcels: The East Three Hundred Fifteen (315.00) feet of that part of the North- east Quarter of the Southeast Quarter (NE'k of SE'k) of Section Sixteen (16), Township Twenty-nine (29) North, Range Twenty-one (21) West, which lies North of the North right-of-way line of State Trunk Highway 212; except the North One Hundred Twenty-five (125.00) feet thereof. WHEREAS, the City Council has considered the evidence presented by the applicant, the recommendations of the City Staff and the recommendations of the City Planning Commission with respect to said application: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo finds: 1. The above described land is situated in a locality where the conditions are well defined, in that there is already one home constructed on said tract of land and land immediately to the East and North of said tract is, or will be, developed into one acre residential lots. 2. That the proposed minor subdivision would result in two new lots which will not be in violation of the size, frontage, or other lot requirements of the City's Subdivision and Zoning Ordinances; the third - parcel will be added to an already existing lot and will, also, meet the standards of zoning and subdivision ordinances. 3. The proposed minor subdivision meets the requirements of said Section 905.01 of the Model Subdivision Ordinance. IT IS, ACCORDINGLY, FURTHER RESOLVED, that the said application for minor subdivision approval be, and the same hereby is granted, subject to the following conditions: 1. Said subdivision shall be in accordance with the application and plans on file with the City Clerk. 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No less than ten (10) copies of the attached Certificate of Survey shall be filed with the City Clerk who shall, thereupon, distribute the same to City Staff and others to whom the plats are distributed under the Subdivision Ordinance. 3. The applicant, as condition of this approval, prior to the approval of any deed conveyance or building permit for any parcel in said minor subdivision, shall grant to the City drainage and utility easements, subject to the approval of the City Engineer, such as would be required in the case of a plat. Said drainage and utility easement shall be dedicated by deed to be approved by the City Attorney. 4. The building set -back for said parcels shall be Ninety (90) feet from the right-of-way of Jamaca Avenue North. 5. Parcel C shall be added to become a part of the tract of land now owned by Arlene C. VanScyoc and Lester B. Van3cyoc, husband and wife, and legally described in the Deed recorded in Book 274 of Deeds, at page 527. 6. Parcel A and parcel B shall be served by a common driveway. 7. Parcel C shall have no additional access to Jamaca Avenue North, but all access to parcel C shall be restricted to the access now serving the said land owned by Arlene C. VanScyoc and Lester B. Van Scyoc, husband and wife. Adopted by the City Council of the City of Lake Elmo this lgt_ day of August, 1978. ATTEST - Donald Mehsikomer, Clerk CITY OF LAKE BIND BY Thomas G. Armstrong, Mayor -2 - In T-'.) � �'.;) z! 0 no of A 1W j A . it IUD NO mi noun 1 ;J qj &I"KA t'o;�j :p- rou �-qjw 709 IS nOw 411K no UK [ Tot: .; % & , 1! - - , n A dj 1 n 01 131 bur Is W 10 1 J qQ 4 Unn cl Wwrh 10 2 m! Wj b ; urf o ( I :Omaagn yk on � c 3pri i - jb Am V1 MmV8 11nap WOOM, �-Si wal ad ONSY m lion qmy, " Wj 1 1 �' ' Wow �' MA (A j Vow 0 Or: j-0. ,-" VKJJJIr of f:YPOW"14 ana ww" s :n gko" m ..7 10, (cQ) 75 3 V W110"A .ImnAu Nina no! Kpd-�qr. y1nijud 9AT .111MV gonoVA p3mah 40 yu-10-jQ14 nd"r u4qe N 131 V A. W SO In I W! Imunid V hyanub 9, JOE, 1 'nn�nv ll:f 0110 00 bandmud qO400 nV., %Jaqd i n mvi-mv 01 Pro Bid NU S10 pbonu A" AIR Ar-c , 1 ;W510 OY hnn! W yj hodWynank yflyM .VnWevin "Orl"m A Kavion no Alsda 7 Ann= W n A 0- Q . r) Un nod Rjunh naovo MOMMIT W nK '000 im "'JOhn 01 avow 10da 9 ;A n: ni i-t v 0 a WO, 3 nw a 1.1 -j bw "; I j a 07 ad I J K -m 0 A lu = 01 g, i � :W B j" ad rua , q, Y� 1 u, ny , U 101 OJ A- r w Y1 on OV . a 1sqj 7 A Yd AN= on W - R.. R-i8- 4- RESOLUTION CITY OF IARE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING MINOR SUBDIVISION ON APPLICATION OF DEAN BEUTEL. WHEREAS, Dean Beutel, applicant, and Edward Beutel, owner, have applied to the City Council for approval of a minor subdivision under the provisions of Section 905.01 of the Washington County Model Subdivision Ordinance as adopted by the City of Lake Elmo for the purpose of subdividing the following described tract of land into three parcels: The East Three Hundred Fifteen (315.00) feet of that part of the North- east Quarter of the Southeast Quarter (NEk of SEA) of Section Sixteen (16), Township Twenty-nine (29) North, Range Twenty-one (21) West, which lies North of the North right-of-way line of State Trunk Highway 212; except the North One Hundred Twenty-five (125.00) feet thereof. WHEREAS, the City Council has considered the evidence presented by the applicant, the recommendations of the City Staff and the recommendations of the City Planning Commission with respect to said application: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo finds: 1. The above described land is situated in a locality where the conditions are well defined, in that there is already one hone constructed on said tract of land and land immediately to the East• and North of said tract is, or will be, developed into one acre residential lots. 2. That the proposed minor subdivision would result in two new lots which will not be in violation of the size, frontage, or other lot requirements of the City's Subdivision and Zoning Ordinances; the third parcel will be added to an already existing lot and will, also, meet the standards of zoning and subdivision ordinances. 3. The proposed minor subdivision meets the requirements of said Section 905.01 of the Model Subdivision Ordinance. IT IS, ACCORDINGLY, FURTHER RESOLVED, that the said application for minor subdivision approval be, and the same hereby is granted, subject to the following conditions: 1. Said subdivision shall be in accordance with the application and plans on file with the City Clark. u 2. No less than ten (10) copies of the attached Certificate of Survey shall be filed with the City Clerk who shall, thereupon, distribute the same to City Staff and others to whom the plats are distributed under the Subdivision Ordinance. 3. The applicant, as condition of this approval., prior to the approval of: any deed conveyance or building permit for any parcel in said minor subdivision, shall grant to the City drainage and utility easements, subject to the approval of the City Engineer, such as would be required in the case of a plat. Said drainage and utility easement shall be dedicated by deed to be approved by the City Attorney. 4. The building set -back for said parcels shall be Ninety (90) feet from the right-of-way of Jamaca Avenue North. 5. Parcel C shall be added to become a part of the tract of land now owned by Arlene C. VanScyoc am] Lester B. VanScyoc, husband and wife, and legally described in the Deed recorded in Book 274 of. Deeds, at page 527. 6. Parcel A and parcel B shall be served by a common driveway. 7. Parcel C shall have no additional access to Jamaca Avenue North, but all access to parcel C shall be restricted to the access now serving the said land owned by Arlene C. VanScyoc and Lester B. Van Scyoc, husband and wife. Adopted by the City Council of the City of Lake Elmo this lsl: day of August, 1978. ATTEST: onald Mehsi omen Clerk CITY OF LAKE ELMO Thomas G. Armstrong, Mayor -2 - v .. ., r .. .. R-78-24 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING SPECIAL :USE -PERMIT -TO MR. AND MRS. SOL FISHER. WHEREAS, Mr. and Mrs. Sol Fisher of 8139-38th. St. N. has requested a Special Use Permit for a private hobby dog kennel; and WHEREAS, The Planning Commission, after receiving re- leases from all property owners within 350 feet said appli- cation, as required by City ordinance, has recommended unan- imously that the Special Permit be granted subject to .renewal on a year -ago -year basis; and WHEREAS, the applicant appeared before the City Council July 18, 1978 at which time the City Council considered the application and the recommendation of the Planning Commission; and WHEREAS, the City Council has determined that the use proposed by the applicant will not be detrimental to the health, safety, morals or general welfare of the community, nor will it cause serious traffic congestion or hazards, nor will it seriously depreciate the surrounding property values, provided such use is limited and restricted as hereinafter set forth. That the said use, is limited and restricted as herein- after set forth, is in harmony with the general purposes and intent of the City zoning ordinance and the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the applicant, Mr. and Mrs. Sol Fisher, is hereby granted a Special Use Permit for a private hobby dog kennel at 8139-38th. St. N., Lake Elmo, Minnesota, subject to the following conditions, limitations and restrictions: 1. No boarding of dogs shall be permitted at said kennel at any time. 2. All dogs kept at said kennel shall be kept in accor- dance with the provisions of Section 1402 of the City Code. Specifically, meaning of said Section 1402 4. Any violation of the provisions of the Special Use Permit or other ordinance of the City relating to the keeping of dogs or prohibiting nuisances shall be grounds for revocation of this permit after a hearing on two weeks notice to applicant. i R-78-24 Page 2 S. Said permit shall not be effective until the same has been endorsed by the applicant and approved by the City Attorney and the original thereof filed with the City Clerk. Adopted by the City Council this 1st. day of August, 1978. Thomas G. Armstrong, Mayor Attest: L2�.rata�- Donald Mehskikomer, Clerk r. Sol Fisher is Mrs. Sol Fisher R-78-25 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING STORM DRAINAGE PLAN FOR TRI-LAKES DISTRICT - SUBDISTRICT NL-15. WHEREAS, the City Engineer at the direction of the City Council has prepared a storm water drainage plan for the Tri-Lakes District Subdistrict HL-15, and; WHEREAS, the drainage plan for said subdistrict was prepared in order that the City Council might review the storm water drainage plan prepared by the City Engineer for the proposed plat of FOX FIRE ESTATES and SPRINGBORN GREEN ACRES ADDITION; and WHEREAS, the City Council has reviewed the plans so prepared by the City Engineer: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the storm drainage plan prepared by the City Engineer for the TRI-LAKES DISTRICT - SUBDISTRICT HL-15 be and the same is hereby approved. Said plan shall hereafter be used as the base plan for designing storm water drainage plans for particular developments within the said TRI-LAKES DISTRICT. BE IT FURTHER RESOLVED, that hereafter, until further order of the City Council, storm water drainage plans for plats and other developments or subdivisions within the said TRI•-LAKES DISTRICT shall be designed to conform to the District Plan hereby adopted. As any such plans for plats, subdivisions or other developments within the said TRI-LAKES DISTRICT are approved by this Council, they shall become part of the District Drainage Plan. Adopted by the City Council this 1st. day of Aug:, 1978. :J ck,`., "homas G. Armstrong, h9.ayo Attest: nald Me s comer., Clerk RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL BUILDING AND POLLUTION EQUIPMENT PROJECT APPROV- ING THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHOR- IZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND RELATED MATTERS IN CONNECTION WITH SAID PROJECT WHEREAS, A. The request of Lake Elmo Hardwood Lumber, Inc., a Minnesota corporation (hereinafter "Company"), for assistance in financing an expansion of its waste disposal and lumber -drying buildings, including related pollution control equipment, in Lake Elmo (hereafter "Project") warrants the support of the City of Lake Elmo, because: 1. The reduction of costs to the Company, at no cost to the City will benefit the City by improving the existing real estate owned by the Company - particularly with respect to pollution control devices - which will have a beneficial effect on property values in the surrounding area and will reduce the potential for air pollution. 2. The reduction of costs to the Company, at no cost to the City, encourages the Company to improve and maintain its existing facilities and thereby it tends to avoid deterioration of the facilities and the emergence of blighted or marginal land which may result if the facili- ties are not well maintained. 3. Job opportunities will be generated by the Project. 4. Financing; of other and similar projects in the Twin City Ietropolitan Area is commonly accomodated by municipalities. 5. The proposed financing will be with one or more financial institutions and will not involve any public distribution of bonds. B. The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal industrial Development Act (hereinafter called "Act") as found and determined by the legislature is to promote the welfare of the State by the active attraction, encouragement and development of economic- ally sound development proposals. C. The City Council has received from the Company a proposal, which proposal is on file with the City Clerk, that the City assist in the financing of the Project through the issuance of revenue obligations which may be in the form of a note or notes (the "Note") pursuant to the Act. D. The City of Lake Elmo is willing to support improve- ments which will maintain the quality of an existing business such as the Company where that can be done without cost to the City. E. The Project to be financed by the proposed Note is the construction of waste disposal and wood -drying buildings and purchase of related pollution control equipment, and may result in the employment of additional persons to work with- in the facilities. F. The City has been advised by representatives of the Company that: 1. The Company has its own financial equity capital sufficient to meet the standard fin- ancing requirements for equity capital. 2. That conventional, commercial financing to pay the capital cost of undertaking the Project is available only at such costs of borrowing that the economic feasibility of undertaking the Project would be reduced, but the Company has also advised this Council that with the aid of municipal financing, and its resulting lower borrowing cost, the Project is economically enhanced. G. Juran & Moody, Inc., Investment Bankers, Saint Paul, Minnesota, has advised that on the basis of information sub- mitted to them, their discussions with representatives of the Company, and discussions with financial institutions interested in buying the Note, the Note could in their opinion be issued and sold upon favorable rates and terms in the amount required. - 2 - NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, as follows: 1. The Council hereby gives approval to the proposal of the Company that the City undertake to assist in financing the Project pursuant to Chapter 474, Minnesota Statutes, consisting of the acquisition, construction and installation of facilities within the City pursuant to the Company's specifications suitable for the operations described above, to be finanaced by the City pursuant to a loan agreement secured by a mortgage on all of the Company's property comprising the Project, upon such terms and conditions with provisions for revision from time -to -time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the proposed Note of the City in the total principal amount of approximately $1,500,000.00 to be issued to finance the acquisition, construction and installation of said Project, and the City hereby undertakes preliminarily to issue its Note in accordance with such terms and conditions, and the City hereby commits to issue its Note in accordance with such terms and conditions. 2. On the basis of information available to this Council it appears, and the Council hereby finds, that said Project consti- tutes property used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 1 of Section 474.02 of the Minnesota Statutes, that the availability of the financing under the Act and willingness of the City to furnish such financing will be of substantial benefit to the Company in completing the Project, and that the effect of the Project, if undertaken, will be to encourage an economically sound industrial business and employment opportunities required by the population of Lake Elmo. 3. Said Project is hereby given approval by the City subject to the approval of the Project by the Commissioner of Securities and subject to final approval by this Council and the Company of the Note to be issued and as to the ultimate details of financing the Project. 4. In accordance with Subdivision 7 of Section 474.01, Minnesota Statutes, the appropriate City officers are hereby authorized and directed to submit the proposal for the above des- cribed Project to the Commissioner of Securities requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require. The Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the Project, whether or not the Project is carried to completion and whether or not approved by the Commissioner, will be paid by the Company. - 3 - 5. Briggs and Morgan,Professional Association, who will act as Bond Counsel, is authorized in consultation with the City's Fiscal Consultant and attorney and any other necessary parties to assist in the preparation and review of necessary documents relating to the Project, and to consult with the Company and the purchaser of the Note as to the maturities, interest rates and other terms and provisions of the Note and the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval. 6. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any muni- cipal funds on the Project other than the revenues thereof or the proceeds of the Note or other funds granted to the City for this purpose. The Note shall not constitute a charge, lien or encum- brance, legal or equitable, upon any property or funds of the City except the Project and the revenue pledged to the payment thereof nor shall the City be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City except the Project. The Note shall recite in substance that the Note, including interest thereon, is payable solely from the revenue pledged to the payment thereof. No Note issued hereunder shall con- stitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. In anticipation of the approval by the Commissioner of Securities and the issuance of the Note to finance a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, the Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Note as the Company considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Note when and if delivered but otherwise with- out liability on the part of the City. Adopted by the City Council of the City of Lake Elmo, Minnesota, this J 15 day of August . 1978. Attest: Cle14� Mayor - 4 - CERTIFICATE STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF LAKE ELMO ) I hereby certify that the attached copy of Resolution R-78-26 of the City of Lake Elmo is a true, correct and complete copy of the original on file in the records of my office. Dated: August 22, 1978 (SEAL) Deputy Clerk R-78-27 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO THE LEONARD ANDERSON PROPERTY IN THE CITY OF LAKE ELMO. WHEREAS, a building permit was issued by the City of Lake Elmo to Leonard Anderson for constructionofhis residence on his property located in said City; and WHEREAS, the building permit issued to Mr. Anderson for this purpose has now expired; and WHEREAS, the City has taken legal action against Mr. Anderson for his failure to have a valid building permit on the property in question; and WHEREAS, the Washington County District Court ordered Mr. Anderson to immediately reapply for a building permit with the City Council of the City of Lake Elmo and comply with any conditions imposed by the City Council: NOW, THEREFORE, BE IT RESOLVED, and extension through December 16, 1978, is hereby granted to Mr. Anderson on condition he enter into a Development Agreement providing for a strict building time table and Mr, Anderson shall post a bond of an amount to be set by the City. Adopted by the City Council this 15thday of August 1978. Thomas G. Armstrong, Mayor Attest: Donald MPhs komer, Clerk R-78-27 -A RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO INSTALLATION OF A GUARD RAIL OR PERMANENT BLOCKADE AT THE INSTERSECTION OF DEMONTREVILLE TRAIL AND HIGHLANDS TRAIL IN THE CITY OF LAKE ELMO. WHEREAS, the City of Lake Elmo has received numerous complaints regarding the traffic hazard potential currently existing at the intersection of County Road 13, known as DeMontreville Road, and Highlands Trail North; and WHEREAS, it appears motor vehicles are backing boat -trailers into Lake DeMontreville and blocking the access to both Highlands. Trail North and DeMontreville Road causing a traffic hazard; and WHEREAS, the City of Lake Elmo has attempted to prevent the use of this area as a boat launch by posting signs but these efforts appear insufficient to prevent such activities; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, that the Washington County Highway Department is hereby requested to install a permanent guard rail or blockade to prevent the use of this area for boat launch purposes while at the same time keeping the streets open for traffic. Adopted by the City Council of the City of Lake Elmo on the 5th day of September, 1978. Thomas Armstrong, Mayor Attest: Donald Mehhsikomer, Clerk R-78-29 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING FINAL PLAT OF FOX FIRE ESTATES WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of FOX FIRE ESTATES; and WHEREAS, the applicant has now presented to the City a final plat which conforms to the approved preliminary plat and meets with the requirements of the City subdivision ordinance: NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby approve and accept the final plat of FOX FIRE ESTATES, as is on file with the City Clerk, subject to the following conditions: 1. The City Council shall not accept for maintenance that part of Jamaca Avenue North lying South of a line drawn East and West across said Jamaca Avenue North sixty (60) feet South of, and parallel to, an extension of the northerly line of lot three (3), block four (4), FOX FIRE ESTATES. It is a condition of the approval of the said final plat that all that portion of said Jamaca Avenue North lying South of the turn -around located between lots three (3) and four (4) of said block four (4) shall be available for emergency use only, as hereinafter provided. 2. All that part of Jamaca Avenue North located South of the said turn -around shall be constructed to City standards but no hard -surfacing shall be placed thereon without specific written approval of the City Council. The said portion of said Jamaca Avenue North shall be maintained in accordance with the standards established by the City Engineer, as a gravel road suitable for use by emergency vehicles. That portion of said road shall then be closed to general traffic by guard rails and a gate constructed to specifications established by the City Engineer. The gate shall be permanently closed by lock or other security device which may be opened as needed for emergency purposes. All construction of said road including the guard rails, gate, security devices shall be under the supervision of the City Engineer and at the expense of developer. 3. All that part of Jerome Avenue North lying South of the turn -around located between lot one (1), block five (5) and lot seventeen (17), block four (4), shall not be improved until such time as it may be extended to the South and until such time it shall not be accepted for maintenance by the City. 4. The developer shall file with the City a Certificate of Survey prepared by a registered land surveyor describing and certifying the location of the boundaries of 55th Street North as that street is laid out and dedicated between the plat of FOX FIRE ESTATES and the existing public road known as DeMontreville Trail North. A Deed or other instrument of conveyance approved by the City Attorney dedicating the land so described as 55th Street North shall be delivered to the City in proper form for recording. 5. The applicant shall enter into a Development Agreement as required by the City subdivision ordinance, providing for the construction of all streets and related improve- ments to City standards. The developers performance of said Development Agreement shall be secured by security bond, cash deposit, or letter of credit in a form approved by the City Attorney, or such other security as may be hereafter approved by the City Council. The amount of said bond shall be determined by the City Engineer in accordance with the provisions of the subdivision ordinance. Adopted by the City Council this 5th day of. September, 1978. Attest: Donald Mehs`komer, City Clerk `Thomas G. Armstrong, Mayor -- 2 - R-78-30 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PLAT OF SPRINGBORN GREEN ACRES. WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of SPRINGBORN GREEN ACRES; and WHEREAS, the applicant has now presented to the City a final plat which conforms to the approved preliminary plat and meets with the requirements of the City subdivision ordinance: NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve and accept the final plat of SPRINGBORN GREEN ACRES, as is on file with the City Clerk, subject to the following conditions: 1. The developer shall file with the City a Certificate of Survey prepared by a registered land surveyor describing and certifying the location of the boundaries of 55th Street North as that street is laid out and dedicated between the plat of SPRINGBORN GREEN ACRES and the existing public road known as DeMontreville Trail North. A Deed or other instrument of conveyance approved by the City Attorney dedicating the land so described as 55th Street North shall be delivered to the City in proper form for recording. 2. The applicant shall enter into a Development Agreement as required by the City subdivision ordinance, providing for the construction of all streets and related improve- ments to City standards. The developers performance of said Development Agreement shall be secured by security bond, cash deposit, or letter of credit in a form approved by the City Attorney, or such other security as may be hereafter approved by'the City Council. The amount of said bond shall. be determined by the City Engineer in accordance with the provisions of the subdivision ordinance. Adopted by the City Council this 5th day of September, 1978. Thomas G. Armstrong, Mayo Attest: Donald 'Me�hsikomer, Clerk R-78-31 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PRELIMINARY PLAT OF DEMONTREVILLE HIGHLANDS 5TH ADDITION WHEREAS, Derrick Land Co. of 1770 Shelard Towers, St. Louis Park, Minnesota 55426, has filed an application with the City for approval of the preliminary plat of DEMONTREVILLE HIGHLANDS 5TH ADDITION, a copy of which preliminary plat is on file with the City clerk; and WHEREAS, the proposed plan, has been reviewed by -the City staff and considered at public hearing by the City Planning Commission all as required by City ordinances; and WHEREAS, the City Council has also considered the proposed preliminary plat together with the recommendations of the Planning Commission thereon and the recommendations of the City staff; and WHEREAS, the City Council has determined: that said preliminary plat is consistent with the intent and purpose of the City's Comprehensive Plan, zoning ordinance, subdivision ordinance, and other applicable regulations - provided the conditions of approval set forth below are incorporated into said plan: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the preliminary plat of DEMONTREVILLE HIGHLANDS 5TH ADDITION, on file with the City Clerk, is hereby approved subject to the following conditions: 1. The developer shall enter into a Development Agreement with the City of Lake Elmo providing for completion of all improvements required by the City's subdivision ordinance and the plans herein approved. 2. The said Development Agreement shall be secured by bond, cash deposit, or letter of credit approved by the City Attorney or such other security as may be approved by the City Council. The amount thereof shall be determined by the City Engineer pursuant to the provisions of the subdivision ordinance. Adopted by the City Council this 15th day of August, 1978 Donald Meh ikomer, Clerk Thomas G. Armstrong, Mayor C - 2 - RESOLUTION 78-32 RESOLUTION CITY OF LAKE ELMO WASHINGTON, COUNTY, MINNESOTA A RESOLUTION SETTING FORTH THE POLICY OF THE CITY OF LAKE ELMO WITH RESPECT TO DEVELOPMENT OF THE "MEARS PROPERTY" FOR REGIONAL PARK OR OTHER PURPOSES WHEREAS, A. Preliminary studies indicate that more intense development of the "Mears Pro- perty" (approximately 150 acres in Sections 14 and 15 West of Kelvin Avenue and South of State Highway 212) will eventually yield a better ratio of tax revenue to public expense; and, B. The "Mears Property" is not essential to the integrity of the Regional Park; and, C. The supply of prime developable land served by rail and trunk highway - and potentially central water and sewer - is limited; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON, STATE OF MINNESOTA, THAT: A. The draft Economic Impact Study prepared on the "Mears Property" be accepted by the County Park Commission and the County Board; and, B. The City of Lake Elmo recommends the "Mears Property" should not be included in the development plan for the Regional Park; and, C. The County should release the "Mears Property" for public auction to permit more economic development of the property, as the demand for developable land evolves. Adopted this the 19th day of September, 1978, on a motion by Pott, seconded by Shervheim. Vote: Pott, Lyons, Shervheim - Aye; Armstrong, Morgan - Nay. Thomas Armstrong, Mayor Attest: D nald Mehsikom r, City Clerk iII sOLUTIC day a , I978, the: City Of l.Jalce Elmo WHEREAS, on Llie aduptcd and executed that certain Joe y End else of power Agrcesz�ent for partici- pation in the I-94 Challenge Gon1,11ittee., rcs WHEREAS, Section 3 of said Joint Exercise: oupowerlt their respectiveqigoveri�ngdi vidual Challenge Con-littee menlbeis to cons bodies for direction frorrl time Lo time; and WHEREAS, Section 6 of said Joint Exercise of Power AgreemenL provides that the purpose of the Challenge Con-inl.ittee is to chutes Departmentenge t off the Transportation innesota Iin partnlent of Transportation and the United Srather than the Northern designating the existing Highway 12 route (Alternate IIJ Route (Alternate 1), as a route for the construction of the remaining section of I-94 between 694 and the St. Croix River by mean f rward�eand priosecutcive whatever procedures might be available as well as to initiate, carry lawsuits the Challcn�;c Gominittee deems advisable under both federal and state laws; and actin pursuant to the Joint Exercise of Dower Agreement, and being WHEREAS, g p governing boards, the: duly authorized by the various county and municipalityg Daly h Lindgren, Challenge Committee has a lawsuit ined the an federal district ourw firm of Larkin, ft;'and Ltd. , which has commenced ee for nical WHEREAS, said law firm has advised the Chaliviciu 1lenge taxpayers Las additional plain- tiffs reasons s may brable lawsuit andinclude other actions, if ay, which the Challenge Lifts in the presently pending C0111111ittee may deem advisable in the future; and of the nge WHEREAS, various private persons, includingrespective be governmental unhtslGhave exp missed who are duly elected officials of their g n their desire. to join the pending lawsuit and other ndividual plaintiffs, subject tocthe1le Challenge Committee may deem advisable, a approval of the governing body of each; and m NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Council of the City of Lake Elmo does hereby determine; 1. That it is necessary and proper in order to achieve the purposes of said Joint Exercise of.Power Agreement, and therefore in the public interest, that various private persons, including members of the Challenge Committee if they desire to do so, be allowed to join in the pending lawsuit and other actions, if any, which the Challenge Committee may deem advisable in the future, as individual plaintiffs. 2, That to the extent any such private persons or elected riiembers of the Challenge Committee shall join in any pending or future lawsuit as individual plaintiffs, their action in so joining shall be deemed necessary to assist this City in satis- fying the technical legal. requirements of maintaining such a lawsuit and there- fore in aid of the City's public purpose. 3. That each and every private person who desires to join the pending lawsuit and other actions, if any, which the Challenge Committee may deem advisable in the future, shall seek and obtain the approval of the City Attorney, who shall ascertain that said individual is the registered owner of: real property in this City and is liable for the payment, of real estate taxes thereon. Each private person shall thereafter execute in a form acceptable to the Challenge Committee a written agreement, that he will not seek private damages in the pending lawsuit or other actions undertaken by the Challenge Committee. 4. That any money expended by the 1-94 Challenge Committee for the purpose of pursuing such actions, shall riot be deemed an expenditure for a private purpose even though various private persons including members of. the Challenge Com- mittee may join therein as individual plaintiffs. On the contrary, all reasonable distributions of money made by the 1-94 Challenge Committee for the purpose of advancing said lawsuits shall be deemed for a public purpose - namely those purposes set forth in the Joint Exercise of Power Agreement. k 3 R-78-34 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY' MINNESOTA A RESOLUTION ESTABLISHING A POLICY WITH RESPECT TO CONSIDERATION OF PROJECTS FINANCED UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOP- MENT ACT (INDUSTRIAL REVENUE BONDS). WHEREAS, the City of Lake Elmo may be asked to consider projects to be financed under the Minnesota Municipal Industrial Development Act; and WHEREAS, the City Council has applied policy standards to applications; and desires to apply these same standards to all future applications for such projects. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota THAT, the policy for considering applications for projects under the Minnesota Municipal Industrial Development Act shall be as follows: A. The Applicant should be an established business within the City having a proven record of success and independent financing to assure marketing any bonds or notes issued and, pass the scrutiny of the City's financial consultants; and B. The concept plan must be approved by the City Council; and such planned use must 1. Conform to the City's comprehensive plan zoning limitations, and be a permitted expansion under the present City Zoning laws in the planned location; and 2. Meet all State and City Codes and; C. The project should not create demands for premature or unreasonable public services; and D. The project should provide increased employment opportunities within the City; and E. The project should increase the assessed valuation of property within the City; and F. The business should be of the type to be encouraged in the .proposed location at the time of the application. w & CA VMS UK: l & " C ) Y'll (, i �:' -� � .. i . V� � P �, 0,; , , ) , i!> WI T , '.,, "! A ')K!: If, I "T -As 7041K AT =WK 1% Y" ME, um 301 U opm u lava N!"Jauhr 1 1 n, 1 1 to .., 1 JO.9m, Q nia usixim bunco ; POWN00161L OJ Ambonj i �-jhu 0,111, 0 and P"'Vow '0 ij 04 , junmon a Uum .roar Von; j 0111 :n O'CUM a nj ? WWI njn qml nn so a 11 qc P 03 a 90 . 0 A .00001, 0:0, K vivo 3al An Aloruwj WD Nj Y(: • �:=11 T:- , t , r, (, k, C tic, j N:'-)i." �Iq xd MOM no of t , A g"! us!& act " "w yni j , , qi!:i C'J'J.14 , f'sf[A mmy'K Kv nu Ifni , 3qL J, 'm,(I.�nvafr ., nyyj. in; " I ,A". , U, na Mai M qVi 1p-nm YNG "no not Jl) Pygn, wr I QQn5ro 0" no hkngo W qw!"YA U. y . A j"01 Knoul oil, n4 V ON ;PK 1, 4"11 V no wur � U.i bcln n ionDBY com L,q ;jInnuo I Y�!! SUN 7C wovvyl 'R 96 J,"m 1, annul UOT NAR! 9mu bun ar"jimovd; ymnx i avy n,." -r ! OV"j �jt.i an x yj i 5 ju on as, nd no hou an I �Ymaw hwYmm &V jPOW1.0 bghvnl(! ;100 "01min 701 n-n gisid Un isay q1A 'b"amb Qgwn Inp Wouin InvLo4q SAW Win ; :03.1v70i" :v:j "'; i1j.� I,f :Atjjnmj wocuo ju Two hamnausui sidworq hJunak ligLuu I a&" . f, hor, ;yljo njopw wus' opi h1man jDjow qqT bps pill edi Wilaw ho wo "PI ar byan'10003 11 wyj qdj Vr 36 WwR hagnimud nun 01 �,)Uj 3n :x,l.-; ,)I;" J: s R E S 0 L U T I O N CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING TNTERFUND AUDIT ADJUSTMENTS WHEREAS, the farm of DeLaHunt Voto & Co., Ltd., Certified Public Accountants, examined the financial statements of the City of Lake Elmo for the year ending December 31, 1977; and WHEREAS, the Council of the City of Lake Elmo accepted the resulting audit report submitted by DeLaHunt Voto & Co., Ltd.; and WHEREAS, DeLaHunt Voto & Co., Ltd. made certain recommendations in their audit report; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo, County of Washington, State of Minnesota, authorizes the following Interfund Audit Adjustments: General Fund Debt Service Fund: G.O. Refunding Bonds of 1976 Special Assessments Fund: Water Improvement Bonds of 1962 Road Improvement Bond Fund Sewer Improvement Bonds of 1972 Street Improvement Bonds of 1974 Resolution 77-11: Street Improvement Bonds of 1974--(D. S.) Street Improvement Bonds of 1971 Const.) 1976 Interfund Audit Adjustments: Resolution 77-12 Debt Service Fund: G.O. Refunding Bonds of 1R76 Special Assessment Fund: Water Improvement Bonds of 1962 Sewer Improvement Bonds of 1972 Road Improvement Bonds Street Improvement Bonds of 1974 Totals Motion by: Armstrong Seconded by: Morgan Vote: 4-0 Carried Adopted this the 29th day of August, 1978 SIGNED: ATTEST: Due From Due to Other Funds Other Funds $ 334.78 $ 402.85 2,306.17 1,467.81 4, 073.50 542.00 174.41 10,159.68 10,159.68 892.70 312.74 370.29 20.12 3,902.58 522.41 4,195. 20 $ 19,918.46 $ 19,918.46 Thomas G. Armstrong, Mayor Donald Mehsikomer, Clerk G. The applicant must satisfactorily address these and other concerns of the City Council serving at the time of application. Adopted this /�o day of 6 1978, by the City Council of the City of Lake Elmo, Minnesota. ATTEST: Thomas Armstrong, Mayor -2- 1 J, j J IfJ IIJ R-78-35 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY , MINNESOTA A RESOLUTION APPROVING PRELIMINARY PLAT OF DEMONTREVILLE HIGHLANDS 6TH ADDITION. WHEREAS, Derrick Land Co. of 1770 Shelard Towers, St. Louis Park, Minnesota 55426, has filed an application with the City for approval of the preliminary plat of DEMONTREVILLE HIGHLANDS 6TH ADDITION, a copy of which preliminary plat is on file with the City Clerk; and WHEREAS, the proposed plan, has been reviewed by the City staff and considered at public hearing by the City Planning Commission all as required by City ordinances;- and WHEREAS, the City Council has also considered the proposed preliminary plat together with the recommendations of the Planning Commission thereon and the recommendations of the City staff; and WHEREAS, the City Council has determined: That said preliminary plat is consistent with the intent and purpose of the City's Comprehensive Plan, zoning ordinance, subdivision ordinance, and other applicable regulations - provided the conditions of approval set forth below are incorporated into said plat: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the preliminary plat of DEMONTREVILLE HIGHLANDS 6TH ADDITION, on file with the City Clerk, is hereby approved subject to the following conditions: 1. The developer shall enter into a Development Agreement with the City of Lake Elmo providing for completion of all improvements required by the City's subdivision ordinance and the plans herein approved. 2. The said Development Agreement shall be secured by bond, cash deposit, or letter of credit approved by the City Attorney or such other security as may be approved by the City Council. The amount thereof shall be determined by the City Engineer pursuant to the provisions of the subdivision ordinance. 3. The rezoning of the land to be included in said plat as ordered by the City Council on this date, shall be completed by passage of publication of appropriate ordinance as provided by law, prior to recording of the final plat. 4. The final plat shall include a street from 59th Street North to High Trail North; said street shall be placed on an alignment to be proved by the City Engineer. 5. The City Council shall determine the required park dedication or payment in lieu of park dedication, prior its approval of the final plat. Adopted by the City Council of the City of Lake Elmo this 19th day of September, 1978. Attest: 0 Of IA Donald Mehslkomer,Clerk Thomas G. Armstrong, Mayor f -2- 4 R-78-36 RESOLUTION CITY OF LATE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING BUDGET FOR 1979 AND LEVYING TAXES FOR THE YEAR 1979 WHEREAS, the City Council of the City of Lake Elmo has heretofore considered and has unanimously adopted a budget setting forth in detail complete financial plans of the City for the year 1979; 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 1979 in order to provide the budgeted funds; and WHEREAS, the City Council of the City of Lake Elmo has considered the said proposed levy and determined the same to be necessary 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 1979 and the sum of $168,631 or 9.5 mils, (whichever is less) is hereby levied in order to provide the City with the funds required by said budget and that the sums of $5,500 Special Assessment and $75,000 General Obligation also be levied for 1979 Bonded Indebtedness. 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 19th day of September, 1978 Thomas G. Armstrong, Mayor Attest: Donald Mehsikomer, Clerk CITX OF ARE ELMO 1919 Budget G E N E R A L F•.0 N.D INCOME General Property Tax $ 168,631 Licenses (7 garette 150 Liquor 4,355 Amusement 150 Dog 500 Permits Buxiding' 19 500 Plumbing 1,200 Gas/Heating 3,000 Sewer 1,300 Well. 1,000 Miscellaneous 2,000 Police Fines 4,000 Intergovernmental Local Gov, Aid 111,596 State Surcharge 30000 Interest 20,000 Rental 1,000 Charges for Services 1,000 Miscellaneous 500 Revenue Sharing 26,578 Income $ 368,460 EXPENSE General Government -Mayor Salary �� $ Council.Expense council Salary Dues & Memberships Newsletter .P.Z.C. Expense Planning Expense Charter Commission Finance eik Salary & Expense Adm.Asst' Salary & Exp. Assessor. Office Wages & Expense Office Supplies & Furn. Telephone Audit Legal Services Legal Publications Engineering 2,000 500 6,000 1,800 2,000 500 15,000 1,500 5,000 27,400 6,000 25,000 4,000 1,800 5,250 12,000 2,500 9,000 I3,t1 D G E T EXPENSE (Continued) fI hways & Streets Wages & Expense $ Mileage & Misc. Street Maintenance Gravel Gas & Oil Parts & Repairs Equipment Reserve Snowplowing & Salt - Street ]fighting Street. Sweeping WaWte Pink Up & Cleanup Forester. Government Buildings Repairs Utilities Public Safety i'olice Animal Patrol Eire Protection Firemen's Relief Assn Fire Reserve Recreation PallfiYd Lights Maintenance & imp. Landfill Insurance Miscellaneous- Insp.&Other Inspectors INCOME nr` or 1978 1979 56,000 700 5,000 5,000 4,000 5,000 15,000 5,000 .6,000 960 3,000 3,000 3,500 3,500 49,000 4,500 9,050 2,000 10,000 1,000 4,000 7,500 13,500 1,000 Salary & Exp. 21,000 Surcharge 3,000 Expense 0--368,460 REVENUE SHARING BUDGET to 1978 EXPENSE �ITTI -Police Protection 1978 Police Protection 1978 Firemen's Relief 1979 Firemen's Relief 1979 Police Protection (Balance) $ 69,056 25,918 26,578 T'21,552 $ 35,687 45,000 4,000 2,000 49,000 $ 135,687 R 78-37 R E S O L U T I O N C I T Y O F L A K E E L M O A RESOLUTION APPROVING CONSTRUCTION, MAINTENANCE AND SIGNING 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, maintenance and signing 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 September, 1978. , � � Thomas G. Armstrong, Mayor Attest: Donald. Mehsi omen, Clerk f 7,y- 3'y RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO THE ADOPTION OF THE ASSESSMENT ROLL RELATING TO SURFACE WATER CONTROL PROJECT II. WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement known as Surface Water Control Project II; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota: 1. The proposed assessment roll 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 included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable on or before November 15, 1978, or said assessment shall be certified with real estate taxes due and payable in 1979. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 3rd day of October, 1978. Thomas Armstrong, May Attest: Donald Me ikomer, Clerk l f R-78-39 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF THE CITY OF LAKE ELMO APPROVING PLANS FOR INTERSTATE HIGHWAY 94 (SO-CALLED "SOUTHERN ROUTE") SUBJECT TO CERTAIN CONDITIONS AND ACCEPTING OF OWNERSHIP AND MAINTENANCE RESPONSIBILITY FOR FRONTAGE ROADS AND BICYCLE TRAILS. WHEREAS, the Commissioner of the Department of Transportation has prepared plans for the improvement of part of Trunk Highway No. 392, renumbered as Trunk Highway No. 94, within the corporate limits of the City of Lake Elmo from the junction TH 494/694 to the east corporate limits of the City of Lake Elmo; and WHEREAS, said plans are on file in the Office of the Department of Transportation, St. Paul, Minnesota, being marked, labeled and identified as "Layout and Profile Nos. 27 and 27A S. P. 8282-40 (94 equal 392) from junction TH 494/694 to the St. Croix River"; and WHEREAS, copies of the said plans so marked, labeled and identified are also on file in the office of the City Clerk; and WHEREAS, the term "said plans" as hereinafter used in the body of this Resolution shall be deemed and intended to mean, refer -to and to incorporate the plans as they are described in the foregoing recitals: NOW, THEREFORE, BE IT RESOLVED, that the said plans for the improvement of Trunk Highway No. 392, renumbered Trunk Highway No. 94, within the City limits of the City of Lake Elmo be, and they hereby are, approved with the following reservations and conditions: (1) The City of Lake Elmo hereby reserves the right to challenge the decision of the Department of Transportation in relocating said Highway from the planned "northern route" to the planned "southern route" through such judicial action as has been or will, hereafter, be taken by the I-94 Challenge Committee under the joint powers agreement to which the City of Lake Elmo is a party. C (2) The approval hereby given to said plan is subject to and conditioned upon the frontage roads described in those plans being relocated and constructed as remote frontage roads instead of the adjacent frontage roads now shown on said plan. BE IT FURTHER RESOLVED, that the City of Lake Elmo, subject to the reservations and conditions aforesaid, will accept owner- ship and maintenance responsibilities for the frontage roads and bicycle trail parallel to the frontage roads within the City of Lake Elmo, upon the completion of their construction and transfer of title by the Minnesota Department of Transportation. Adopted by the City Council of the City of Lake Elmo this 3rd day of October 1978. Thomas G. Armstrong, Mayor Attest: Donald Mehs komer, Clerk C �. R-78-40 RESOLUTION CITY OF IARE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING RECONVEXANCE OF TAX -FORFEIT IANI) WHEREAS, Irving Nelson has requested that the City reconvey the following described land the State of Minnesota so that he may attempt to repurchase the same; WHEREAS, the City does not intend to continue using the said land for purpose for which it was agreed under Section 282.081 of the Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the following described land be reconveyed to the State of Minnesota; That part of the North Half of North Half of Southwest Quarter. of Northwest Quarter (N'k of N'k of SW'k of NW'k) of Section Twenty-two (22), Township Twenty-nine (29), Range Twenty-one (21), being the East Fifty (50) feet of the West Seven Hundred Twenty (720) feet thereof. (Property No. 36-37022-3750) Adopted by the City Council of the City of Lake Elmo this 3rd day of. October, 1978, �2.c�-•�,.e�.�j �� (.����-"^,�y' lam-` y Thomas G. Armstrong, Mayor ATTEST: Donald Mehsik mer, Clerk e R-78-41 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION EXTENDING THE JOINT POWERS AGREEMENT WITH THE CITY OF OAKDALE WHEREBY THE CITY OF OAKDALE PROVIDES ANIMAL CONTROL SERVICES TO THE CITY OF LAKE ELMO. At a regular meeting of the City Council of the City of bake Elmo held on October 3, 1978, at the Lake Elmo City Hall, with the following present: Mayor Armstrong, Council members Lyons, Pott, Morgan and Shervheim, and the following absent: none, the Lake Elmo City Council resolved: WHEREAS, on May 23, 1978, the City of Oakdale and the City of Lake Elmo entered into an agreement for the purpose of the City of Oakdale providing animal control services to the City of Lake Elmo at a sum of $350 per month. WHEREAS, on August 31, 1978, said agreement expired; WHEREAS, the City of Oakdale and the City of Lake Elmo have determined to continue the agreement at its current level; THEREFORE, BE IT RESOLVED, that the City of Oakdale and the City of Lake Elmo hereby extend the joint poweres agreement until terminated by either party by serving ten (10) days written notice on the other party. Voting in favor: Mayor Armstrong, Council members Lyons, Pott, Morgan and Shervheim. Voting against: none Resolution duly seconded and passed this 3 day of October , 1978 Thomas G. Arms r�ong, Mayor Attest: Donald Meh ikomer, City Clerk a 1 f 1 EXTRACT OF MINUTES At a regular meeting of the City Council of the City of Lake Elmo duly held on the 8th day of November, 1978, the following Resolution was offered by Council Member Shervheim, and seconded by Council Member Pott; to -wit: R-78- 42 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF THE CITY OF LAKE ELMO APPROVING PLANS FOR INTERSTATE HIGHWAY 94 (SO-CALLED "SOUTHERN ROUTE") SUBJECT TO CERTAIN CONDITIONS: AND ACCEPTING OF OWNERSHIP AND MAINTENANCE RESPONSIBILITY FOR FRONTAGE ROADS AND BICYCLE TRAILS. WHEREAS, the Commissioner of the Department of Transpor- tAtion has prepared plans for the improvement of part of Trunk Highway No. 392, renumbered as Trunk Highway No. 94, within the corporate limits of the City of Lake Elmo from the junction TH 494/694 to the east corporate limits of the City of Lake Elmo; and WHEREAS, said plans are on file in the Office of the Department of Transportation, St. Paul, Minnesota, being marked, labeled and identifies as "Layout and Profile No. 27 and 27A S. P. 8282-40 (94 equal 392) from junction TH 494/694 to the St. Croix River"; and WHEREAS, copies of the said plans so marked, labeled and identifies are also on file in the office of theCity Clerk; and WHEREAS, the term "said plans" as hereinafter used in the body of this Resolution shall be deemed and intendedtto mean, refer -to and to incorporate the plans as they are de- scribed in the foregoing recitals: NOW, THEREFORE, BE IT RESOLVED, that the said plans for the improvement of Trunk Highway No. 392, renumbered Trunk Highway No. 94, within the City limits of theCity of Lake Elmo be, and they hereby are, approved with the following reserva- tions and conditions: (1) The City of Lake Elmo hereby reserves the right to challenge the decision of the Department of Transportation in re- locating said Highway from the planned "northern route" to the planned "southern route" through such judicial action as has been or will, hereafter, be taken by the I-94 Challenge Committee under the joint powers agreement to which the City of Lake Elmo is a party. (2) The approval hereby given to said plan is subject to and conditioned upon the frontage roads described in those plans being relocated and constructed as remote frontage roads now shown on said plan. The City of Lake Elmo hereby acknowledges that the additional right of way and con- struction costs arising from this.condition. and differing from said plans, reduced by the value of any land donated for these purposes, will be the obligation of the City of Lake Elmo, per a formula which must be agreed upon before final commit- ment to construction of said detached frontage roads. BE IT FURTHER RESOLVED, that the City of Lake Elmo Subject to the reservations and conditions aforesaid, will accept ownership and maintenance responsibilities for the frontage roads and bicycle trail parallel to the frontage roads within the City of Lake Elmo, upon the completion of their construction and transfer of title by the Minnesota Department of Transportation. Adopted by the City Council of the City of Lake Elmo this 8th day of November, 1978. ATTEST: r Thomas G. Armstrong, Mccyor Upon call of the role Council Members voted in favor of the Resolution: Lyons, Morgan, Pott, Shervheim The following Council Member voted against its adoption: Armstrong The following Council Member was absent: None Whereupon, the Mayor declared the Resolution adopted. CERTIFICATE I do hereby certify that at a regular meeting of the City Council of the City of Lake Elmo held on the 8th day of November, 1978, at which a majority of the members of the City Council were present, the foregoing Resolution was adopted. I have compared the foregoing Resolution with the original thereof in the files and records of my office and I hereby certify that the same is a true, correct and complete copy of said original. Dated: November , 1978 I� •I / Donald - • EXTRACT OF MINUTES At a regular meeting of the City Council of the City of Lake Elmo duly held on the 8th day of November, 1978, the following Resolution was offered by Council Member Shervheim, and seconded by Council Member Pott; to -wit: R-78-43 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION BY THE CITY OF LAKE ELMO REQUESTING INTERIM DESIGNATION OF THE RURAL SERVICES AREA WITHIN THE CITY OF LAKE ELMO: AND STATUS TO APPLY FOR STATE AND FEDERAL GRANTS FOR INDEPENDENT FACILITIES PLANNING FOR WASTEWATER TREAT- MENT, OF THE METROPOLITAN COUNCIL AND THE METROPOLITAN WASTE CONTROL COMMISSION (MWCC). WHEREAS, 1. All City and Regional studies to date, in- cluding the draft 208 report, have identified the need to study Wastewater Treatment problems in the OLD VILLAGE AREA (Per attached map); and, 2. Current MWCC 201, facilities planning studies will not provide sufficient detail on the problem in the OLD VILLAGE akda to proceed with Step 2, design of Wastewater Treatment facilities; and, 3. MWCC, Metropolitan Council and current City studies and policies and plans, indicate that the OLD VILLAGE AREA at least, will remain in the rural service area for the forseeable future; and, 4. Waiting for final resolution of MWCC 201 studies and Metropolitan Council review of the City's Comprehensive Plan would certainly delay resolution of the Wastewater Treatment problem at least two more years; and perhaps, only require the additional study we seek to initiate today by this Resolution; and, 5. The City of Lake Elmo desire the support of the Metropolitan Council. and MWCC in it's application for 201, facilities planning, funds. NOW, THEREFORE BE IT RESOLVED by the City Council, City of Lake Elmo, THAT, 1. The OLD VILLAGE area be designated a part of the '.rural service area on an interim basis, until the final Comprehensive Plan is adopted; and, 2. As a part of the rural service area, the City of Lake Elmo hereby requeste'1 status independent of, and with the support of,the MWCC and Metropolitan Council to apply for 201, facilities planning studies for the OLD VILLAGE AREA, and, 3. The City of Lake Elmo hereby authorizes the City staff to defend the City's Municipal Project need priority; and complete application for 201, facilities planning funds. Adopted by the City Council of the City of Lake Elmo this the 8 day of November, 1978. Thomas G: Armstrong, Mayor V_ ATTEST: Donald Mehsi omen, C eer-%� Upon call of the role Council Members voted in favor of the Resolution: Mayor Armstrong, Councilmen Shervheim, Pott, Morgan, and Councilwoman Lyons. The following Council Member votes against it adoption: None The following Council Member was absent: None Whereupon, the Mayor declared the Resolution adopted. CERTIFICATE I do hereby certify that at a regular meeting of the City Council of the City of Lake Elmo held on the 8th day of November, 1978, at which a majority of the members of the City Council were present, the foregoing Resolution was adopted. I have compared the foregoing Resolution with the original there- of in the files and records of my office and I hereby certify that the same is a true, correct and complete copy of said original Dated: November , 19784 r rA' &eau �• . - . City -Clerk R 7S O'l RESOLUTION CITY OF LAKE E LMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING THE FEES FOR DOG REGISTRATION IN THE CITY OF LAKE ELMO, MINNESOTA . WHEREAS, Section 1402.020 of the Municipal Code of lake Elmo requires fees for dog registration must be set by Council Resolution; and WHEREAS, current fees do not cover the cost of registration; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the following dog registration fees are hereby established and adopted All dogs not in a defined kennel $5.00 per year Dogs in a defined kennel $3.00 per year Adopted this A.". —day of November, 1978, by the City Council, City of Lake Elmo, County of Washington, State of Minnesota, on a motion by seconded by Vote: Thomas G. Armstrong, Mayor Attests 1•M a I ITED �.Iv x Ala R-78- = yta' RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PLAT OF DEMONTREVILLE HIGH- LANDS 5TH ADDITION. WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of DEMONTREVILLE HIGHLANDS 5TH ADDITION; and WHEREAS, the applicant has now presented to the City a final plat which conforms to the approved preliminary plat and meets with the requirements of the City subdivision ordinance: NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve and accept the final plat of DEMONTREVILLE HIGH- LANDS 5TH ADDITION, as is on file with the City Clerk, subject to the following conditions: The applicant shall enter into a Development Agreement as required by the City subdivision ordinance, providing for the construction of all streets and related improve- ments to City standards. The developers performance of said Development Agreement shall be secured by security bond, cash deposit, or letter of credit in a form approved by the City Attorney, or such other security as may be hereafter approved by the City Council. The amount of said bond shall be determined by the City Engineer in accordance with the provisions of the subdivision ordinance. Adopted by the City Council of the City of Lake Elmo this j0K day of _, 1978. Thomas G. Armstrong, Mayor Attest: nald Me sikomerClerk ( 'I R-78-47 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING COMMITMENT LETTER FOR LAKE ELMO HARDWOOD INDUSTRIAL DEVELOPMENT REVENUE BONDS. WHEREAS, Mid -America National Bank of Roseville has presented to the City for its acceptance a letter dated November 2, 1978, whereby the said Bank agreed to purchase a Commercial Development Revenue Note to be issued by the City to Lake Elmo Hardwood Lumber Co., Inc. under certain conditions set forth in that letter; and WHEREAS, the terms of that letter appear to be consistent with the City's preliminary approval; and WHEREAS, the City's acceptance of the Commitment is conditioned upon final approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the said commitment letter dated November 2, 1978, is hereby approved and accepted by the City and the Mayor and Clerk are, accordingly, authorized to sign the same. Adopted by the City Council of the City of Lake Elmo this 21st day of November, 1978. Thomas G. Armstrong, Mayor ATTEST: Donald Mehsikomer, Clerk RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PLAT OF BROOKMAN ADDITION. WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of BROOKMAN ADDITION; and WHEREAS, the applicant has now presented to the City a final plat for the first stage thereof which conforms to the approved preliminary plat and meets with the requirements of the City's Subdivision Ordinance: NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve and accept the final plat of BROOKMAN ADDITION, as is on file with the City Clerk, subject to the following conditions: The applicant shall enter into a Development Agreement as required by the City's Subdivision Ordinance, providing for the construction of all streets and related improvements to the City standards. The Developers performance of said Development Agreement shall be secured by a bond, cash deposit, or letter of credit in a form to be approved by legal counsel, or such other security as may be hereafter approved by the City Council. The amount of said bond shall be determined by the City Engineer in accordance with the provisions of the Subdivision Ordinance. Adopted by the City Council of the City of Lake Elmo this 21st day of November, 1978. Thomas G. Armstrong, Mayor ATTEST: r Donald Mehsekomer, Clerk R78-49 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING THE APPLICATION FOR A SPECIAL USE PERMIT BY THE LOYAL ORDER OF MOOSE, ST. PAUL LODGE 040 WHEREAS, the Loyal Order of Moose, St. Paul Lodge #40 applied on August 1, 1978 for a Special Use Permit pursuant to 5.03 Lake Elmo City Ordinances for construction of a Moose Lodge, and WHEREAS, this Lodge would be constructed on the follow- ing described real property, to -wit: The Westerly Three Hundred (300) feet of the South- erly Six Hundred and Fifty (650) feet of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) of Section Twenty-eight (28) Township Twenty-nine North (29N), Range Twenty-one West (21W). which is presently zoned in the Single Family Urban District, and WHEREAS, Lake Elmo Ordinances 7.03 permits, upon the meeting of certain requirements as a special use in a Single Family Urban District, a "club or lodge", and WHEREAS, Lake Elmo Ordinances 3.02(T) defines a "club or lodge" as: A club or lodge is a non-profit association of persons who are bona fide members paying annual dues, use of prem- ises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, providing such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing further that such serving of alcoholic beverages is in compliance with the applicable federal, state and municipal .laws, and WHEREAS, a Public Hearing was held by the Planning and Zoning Commission on September 11, 1978 and the Council has dis- cussed the proposed use with members of the applicant organization and it appears that the lodge intends to operate a bar and serve alchoholic beverages to its members and their guests seven days a week from 4:30 p.m. to 1:00 a.fn. The club has a membership of. 375 men and 200 women and sponsers a Saturday evening dance each week. There will be parking for 132 vehicles, and WHEREAS, in order for the Council to grant such appli- cation, it must determine pursuant to 5.03 (B) that: The proposed use will not be detrimental to the health, safety, morals or general welfare of the community nor will cause serious traffic congestion nor hazards, nor will seriously depreciate surrounding property values and that said use is in harmony with the general purpose and intent of this ordinance and the Comprehensive Plan.., NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: That the City Council denies said application for the. following reason: The applicant fails to meet the criteria for classifi- cation as a "club or lodge" and that the proposed Moose Lodge intends to serve alcoholic beverages to its members and guests at a bar in its proposed structure. This serving would not be "secondary and incidental to the operation of the dining room for the purposes of serving food and meals". The Council is, therefore, without legal authority to grant such use in a Single Family Urban District. Adopted by the City Council this 21st. day of November, 1978. Thomas G. Armstranq_ Mayor Attest: R-78--50 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING FINAL PLAT OF DEMONTREVILLE HIGHLANDS 6TH ADDITION. WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of DEMONTREVILLE HIGHLANDS 6TH ADDITION; and WHEREAS, the applicant has now presented to the City a final plat thereof which conforms to the approved preliminary plat and meets with the requirements of the City's Subdivision Ordinance: NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve and accept the final plat of DEMONTREVILLE HIGHLANDS 6TH ADDITION, as is on file with the City Clerk, subject to the following conditions: 1. Subject to final review and approval of the City Park Planning Commission. 2. The applicant shall enter into a Development Agreement as required by the City's Subdivision Ordinance, providing for the construction of all streets and related improvements to the City standards. 3. The Developers performance of said Development Agreement shall be secured by a bond, cash deposit, or letter of credit in a form to be approved by legal counsel, or such other security as may be hereafter approved by the City Council. The amount of said bond shall be determined by the City Engineer in accordance with the provisions of the Subdivision Ordinance. Adopted by the City Council of the City of Lake Elmo this 21st day of November, 1978 �� j Thomas G. Armstrong, Mayor ATTEST: Donald Mehsi mer, Clerk R-78-51 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION WITHDRAWING THE PETITION TO VALLEY BRANCH WATERSHED DISTRICT. WHEREAS, the City Council of the City of Lake Elmo did on July 5, 1978 adopt a Resolution authorizing the City to petition Valley Branch Watershed District for certain improve- ments, said Petition being numbered R-78-20A; and WHEREAS, the City Council has now determined it would be more expeditious to submit two Petitions as opposed to one Petition: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. The City Council of the City of Lake Elmo hereby withdraws its previously submitted Petition to Valley Branch Watershed District. 2. That a copy of this Resolution be delivered forthwith to the Chairman and Secretary of Valley Branch Watershed District. Adopted by the City Council of the City of Lake Elmo this 5th day of December , 1978. Thomas G.'Armstrong, Mayor ATTEST: Donald Mehsikomer, Clerk a .. R- 78-52a RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SPECIAL USE PERMIT TO THE LAKE ELMO BAPTIST CHURCH WHEREAS, the Planning Commission, holding a public hearing as required by law on November 27, 1978; recommended that a Special Use Permit be granted December 21, 1979, subject to the following conditions: 1) Review of drainage and on -site sewer concerns by City Engineer; 2) Landscape plan approval prior to construction; 3) Engineer's opinion concerning entrance and exits; and 4) Review of exterior lighting for parking lot and building, and; WHEREAS, the applicant appeared before the City Council December 19, 1978, at which time the City Council considered the application and the recommendation of the Planning Commission, and; WHEREAS, the City Council has determined that the use proposed by the applicant will not be detrimental to the health, safety, morals or general welfare of the community, nor will it cause serious traffic congestion or hazards, nor will it seriously depreciate the surrounding property values, provided such use is limited and restricted as hereinafter set forth. That said use, if limited and restricted as hereinafter set forth, is in harmony with the general purposes and intent of the City Zoning Ordinance and the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the applicant, Lake Elmo Baptist Church, is hereby granted a Special Use Permit for a church building at Kelvin Avenue and Trunk Highway 212 on property described as follows: All that part of the N2 of the SW4 of Section 14, Township 29, Range 21, lying west of Kelvin Avenue North and between the north right-of-way line of State Highway 212 and the south right-of- way line of Stillwater Lane. (County Property No. 36-37014--2800) All that part of the Nz of the SW4 of Section 14, Township 29, Range 21, lying east of Kelvin Avenue North and between the north right-of-way Line of State Highway 212 and the south right - of way line of Stillwater Lane. subject to the following conditions, limitations, and restric- tions: 1. Final plans for surface water drainage improvements shall be approved by the City Engineer; said drainage improvements shall not change the drainage of any of the surrounding areas outside the church property. 2. The final landscaping plan shall be approved by the City Council as to its adequacy to protect surrounding property values. 3. Adequate parking shall be provided for all vehicles on -site; no on -street parking will be permitted. 4. The City Engineer shall approve the final plan for exits and entrances; and he shall require that driveway access be located away from accesses of homes in the immediate area to avoid a traffic inconvenience. 5. All construction traffic be directed to Kelvin Avenue. 6. The final plan for exterior lighting of parking and building area shall be approved by the City Council so as to avoid potential nuisance or inconvenience to other property owners. 7. Said permit shall not be effective until the same has been endorsed by the applicant and approved by the City Attorney and the original thereof filed with the City Administrator. 8. Any additions to the buildings or facilities herein approved be treated as an amendment to this Special Use Permit. 9. The City Engineer shall certify that there are at least two (2) adequate sites for construction of an on -site sewage disposal system and drainage field on the applicant's property so that an alternate system may be constructed if the first should fail. 10. A copy of this Resolution, bearing the consent of the applicants, and certified by the City Administrator to be a true and correct copy, shall be recorded with the Washington County Recorder and/or Registrar of Titles so as to make a public record of the conditions under which a Special Use Permit is issued. - 2 - Adopted by the City Council this 19th day of December, 1978. "Thomas G. Armstrong, Mayor Attest: dAJU ( Laurence E. Whittaker, Administrator ACCEPTANCE OF APPLICANT The undersigned applicant, hereby accepts the conditions, limitations and restrictions set forth in the foregoing Resolution as conditions, limitations and restrictions to be included in any Special Use Permit or related Building Permit issued pursuant to the approval of the said Special Use Permit as set forth in the foregoing Resolution. Dated: Dated: .2-/y-1 LA K�r ELMO BAPTIST CHU CH By Richard L. Webb, Pa ByG► Willi4t J. Hargis, Building Committee Chairman - 3 - J R-78- 5-3 A RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING, DEFINING, AND RE -APPROPRIATING BUDGET RESERVES FOR THE CITY OF LAKE ELMO, STATE OF MINNESOTA. WHEREAS, the City of Lake Elmo finds the following: 1. The City has unappropriate cash reserves; and 2. The City will experience substantial expenses that will exceed the annual financial resources in several budget areas; and 3. The City must maintain a cash reserve equal to half the annual tax levy. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Lake Elmo; that all present reserves are redefined and reappropriated as indicated below; and that; the following Appropriated Reserve and Contingency funds are hereby established, defined, and appropriated until further order of the Council. 1. Major Planning Contingency Fund - A reserve for pre -engineering planning for all public properties, works, parks, water systems, and surface water systems $20,000.00 2. Maintenance Equipment Sinking Fund - A reserve to accumulate capital for replace- ment or acquisition of Maintenance equip- ment identified in the Capital plan. 60,000.00 3. Emergency Road Maintenance and Road Construction Contingency Fund - A reserve for the City share of collector streets, State Aid Streets, and non -assessable street improvements. 27,045.00 4. Diseased Tree Contingency Fund - A reserve for State mandated diseased tree removal (sanitation) or reforestation. 12,500.00 Flo 5. Sewer Planning Reserve Fund - A reserve for matching State and Federal grants; and for engineering City sewer projects. 6. Building Construction Sinking Fund - A reserve for public building remodeling and/or construction 7. Fire Equipment Sinking Fund - A reserve to accumlate Capital for replacement or acquisition of Fire equipment identified in the Capital plan. 8. Park Development Sinking Fund - A reserve for equipment replacement and acquisition identified in the Capital plan. 9 Water System Construction Reserve -- A reserve for engineering and pre -assessment costs for Construction of Water System improvements. 10. Administrative Contingency Fund - A reserve against Budget estimates for fiscal year 1979. 11. Council Contingency Fund - A reserve for unbudgeted emergency actions ordered by the City Council. 12. Required Budget Surplus Reserve - A reserve to provide cash until annual tax levies are received. Adopted by the City Council of the City of Lake Elmo this 19th day of December, 1978. ATTEST: Donald lkT ksikomer, City Clerk CITY OF LAKE ELMO 17,000.00 100,000.00 60,000.00 20,350.00 15,000.00 25,000.00 13,000.00 85,000.00 B Y Thomas G. Armstrong, Mayor Cf- -2- R78--54 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING A FIVE YEAR M. S. A. STREET IMPROVEMENT PROGRAM. WHEREAS, the City of Lake Elmo has been and will receive municipal State Aid funds for street improvements and main- tenance, and WHEREAS, the Municipal Screening Committee has adopted a directive that each city prepare a formal itemized five year program for construction projects to utilize all exist- ing and anticipated funds, and WHEREAS, the City of Lake Elmo has planned for its ex- penditures of M.S.A. Funds and needs to now formally adopt said plan for submission to the District State Aid Engineer, NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Lake Elmo that the attached five year capital improve- ment program - M.S.A. Street Construction dated December 12, 1978 is hereby adopted as the City's five year capital im- provement program and that the City Engineer is hereby directed to submit said plan to the appropriate official. Adapted this 19th day of December, 1978. Mayor ATTEST: J/ City Clerk 0 w d 1 4� �0 U ua W � v o -I H H 'a U N � O •rl H to W Pi 4a O 4- co N v � d N N N v EA QQN• d ' 4- 4 a 4- 0 0 a- 00- v d Ei r di 0 v N O C HO d 0 O U 4. 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