HomeMy WebLinkAbout1979 ResolutionsRESOLUTIONS 1979
R-79-1 A RESOLUTION WITHDRAWING LAKE ELMO FROM THE I-94 CHALLENGE
COMMITTEE JOINT POWERS AGREEMENT AND LAWSUIT AND CALLING FOR
CONSTRUCTION OF 1-94 ON THE "SOUTHERN ROUTE".
R-79-2 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS.
R-79-3 A RESOLUTION COMMENDING DALE FUERSTENBERG AND GARY SWANSON
FOR EXCEPTIONAL SERVICE TO THE CI.TY OF LAKE ELMO.
R-79-4 A RESOLUTION AUTHORIZING THE CITY ENGINEER TO REQUEST AND
OBTAIN FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION
NEEDED ENGINEERING AND TECHNICLAL SERVICES.
R-79-4A A RESOLUTION AUTHORIZING RECONVEYANCE OF TAX -FORFEIT LAND.
R-79-5 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
R--79-6 A RESOLUTION COMMENDING EDWARD G. WESTPHAL FOR SERVICE TO
THE CITY OF LAKE ELMO AS WASIIINGTON COUNTY SHERIFF.
R-79--7 A RESOLUTION COMMENDING DOROTHY HAMMES LYONS FOR SERVICE
TO THE CITY OF LAKE ELMO, AS A MEMBER OF THE PLANNING -ZONING
COMMISSION AND A MEMBER OF THE CITY COUNCIL.
R-79-8 A RESOLUTION COMMENDING LLOYD SHERVHEIM FOR SERVICE TO THE
CITY OF LAKE ELMO AS A MEMBER OF THE HOME RULE CHARTER
COMMISSION AND A MEMBER OF THE CITY COUNCIL.
R--79-9 A RESOLUTION COMMENDING DONALD MEHSIKOMER FOR SERVICE TO
THE CITY OF LAKE ELMO AS CITY CLERK.
R-79-10 A RESOLUTION COMMENDING JANET SOVEREIGN FOR SERVICE TO THE
CITY OF LAKE ELMO AS A MEMBER OF THE PLANNING -ZONING COMMISSION.
R-79-11 A RESOLUTION - ORIGINAL RESOLUTION IN LAKE ELMO HARDWOOD
BOND BOOK.
R-79-12 A RESOLUTION GRANTING TRANSFIR OF A SPECIAL USE PERMIT FOR
PIERRES AUTO BODY SHOP TO DJ'S AUTO BODY SHOP.
R-79-13 A RESOLUTION GRANTING A SPECIAL USE PERMIT TO CONSTRUCT
AND MAINTAIN A REAL ESTATE IDENTIFICATION SIGN IN DEMONTREVILLE
HIGHLANDS, 6TH ADDITION.
R-79-14 A RESOLUTION REQUESTING VALLEY BRANCH WATERSHED TO UNDERTAKE
TEMPORARY FLOOD CONTROL MEASURES FOR THE NORTHWEST PORTION
OF THE VALLEY BRANCH WATERSHED DISTRICT.
R--79-15 A RESOLUTION PROCLAIMING THE WEEK OF FEBRUARY 11-17,-1979
MINNESOTA JAYCEE WOMENS WEEK IN LAKE ELMO.
R-79-16 A RESOLUTION REQUESTING THE 1978-79 LOCAL PLANNING ASSISTANCE
ENTITLEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE SECOND
AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE METROPOLITAN
COUNCIL AND THE CITY OF LAKE ELMO, ON BEHALF OF THE CITY.
RESOLUTIONS 1979
R-79--17 A RESOLUTION REQUESTING LIMITED PARKING ON LAKE ELMO
AVENUE, C.S.A.H. 17.
R-79-7.8 A RESOLUTION OF PARTICIPATION IN MINNESOTA CITIES WEEK.
R-79-19 A RESOLUTION AC,KNOWLEDING JANE ROAD NORTH.
R-79-20 A RESOLUTION APPROVING THE FINAL PLAT OF TRI-STAR ADDITION.
R-79-21 A RESOLUTUION ESTABLISHING A TRUST AND AGENCY FUND FOR PASS
THROUGH CHARGES AND RECEIPTS.
R-79-22 A RESOLUTION ESTABLISHING A SPECIAL ASSESSMENT.' FUND FOR
ALL FLOOD CONTROL ASSESSMENT PROJECTS.
R-79-23 A RESOLUTION REQUESTING TWO BOCCE BALL SETS.
R-79-24 A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY ATTORNEY
TO DRAFT A PETITION TO THE COURT ASKING FOR DISSOLUTION OF
THE CHARTER COMMISSION FOR THE CITY OF LAKE ELMO.
R-79--25 A RESOLUTION GRANTING VARIANCE TO ROBERT A. STEINDORFF.
R-79-26 A RESOLUTION REPEALING RESOLUTIONS 78-52 and 78-53; AND THE
`PETITIONS FOR PROJECTS 1003 AND 1004 FOR SURFACE WATER
MANAGEMENTS IMPROVEMENTS.
R-79-27 A RESOLUTION PROCLAIMING THE WEEK OF MAY 27 THROUGH JUNE 2
1979, "BICYCLE SAFETY WEEK" IN THE CITY OF LAKE ELMO.
R-79--28 A RESOLUTION ORDERING INTERFUND AUDIT ADJUSTMENTS.
R-79-29 A RESOLUTION RELATING TO HUFF N PUFF DAYS IN THE CITY OF LK. ELMO
R-79-30 A RESOLUTION ESTABLISHING THE FEES FOR LICENSES AND PERMITS
REQUIRED BY THE 1978 MUNICIPAL CODE OE'TaHE CITY OF LAKE ELMO.
R•-79-31 A RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLLS WITH
RESPECT TO SURFACE WATER CONTROL PROJECT III AND ORDERING
HEARING THEREON.
R--79-32a A RESOLUTION DECLARING COST TO BE ASSESSED - FIRST & IMMANUAL.
R-79-32b A RESOLUTUION ACCEPTING IMPROVEMENT AND CALLING FOR HEARING
ON ASSESSMENTS FOR THE IMPROVEMENT OF FIRST STREET AND IMMANUAL.
R-79-33 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE FEASIBILITY
OF PROPOSED IMPROVEMENTS IN TIIE IRVIN COURT SUBWATERSHED.
R-79-34 A RESOLUTION ADOPTING ASSESSMENT - FIRST & IMMANUAL.
R-79-35 A RESOLUTION RELATING TO THE ADOPTION OF THE ASSESSMENT ROLL
RELATING TO SURFACE WATER CONTROL PROJECT III.
R--79+-36 A RESOLUTION ADOPTING CONSENSUS MOTIONS MADE BY THE CITY COUNCIL
AUGUST 1, 1979, AT A WORKSHOP SESSION.
R--79-37 A RESOLUTION RELATING TO PAYMENT OF THE FEE UNDER THE SUBDIVISION
ORDINANCE IN LIEU OF PARK DONATION.
RESOLUTIONS 1979
R-79--38 A RESOLUTION RELATING TO THE GRANTING OF A SPECIAL; USE PERMIT
TO DONALD DURAND FOR TIIE OPERATION OF A BOAT LAUNCH AND TURN-
AROUND IN THE CITY OF LAKE ELMO.
R-79-39, A RESOLUTION GRANTING A SPECIAL USE PERMIT TO LEONARD HANSON.
R-79-40 A RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS. -
IRVIN COURT.
R-79-41 A RESOLUTION ADOPTING THE 1.979 COMPREHENSIVE PLAN FOR LAKE ELMO
MINNESOTA ON AN INTERIM BASIS BEFORE RECEIVING COMMENTS FROM
SURROUNDING COMMUNITIES TO PROVIDE GUIDANCE IN PLANNING AND
ZONING FOR THE CITY UPON THE EXPIRATION OF THE INTERIM ZONING
ORDINANCE.
R-79-42 A RESOLUTION APPROVING THE FINAL PLAT OF GAY S. BANISTER.
R-79-43 A RESOLUTION AUTHORIZING RECONVEYANCE OF TAX -FORFEIT LAND.
R-79-44 A RESOLUTION AUTHORIZING THE FOLLOWING: RICHERTS GARAGE,
GUARDIAN ANGELS CHURCH TEMPORARY NON- INTOXICATING MALT
LIQUOR LICENSE, CLEAN-UP DAYS OCTOBER, 1979, HEARING ON FEDERAL
REVENUE SHARING, SEWER INSTALLER LICENSES, GENERAL CONTRACTORS
LICENSE, AUTHORIZATION TO SIGN GENERAL REVENUE SHARING ASSURANCES,
AND HEARING DATE ON DELINQUENT WATER BILLS.
R-79-45 RESOLUTION AUTHORIZING PARTICIPATION IN JOINT AIRPORT ZONING
BOARD.
R-79-46 RESOLUTION THANKING THE PLANNING COMMISSION FOR WORK ON THE
COMPREHENSIVE PLAN AND ZONING ORDINANCE.
R-79-47 A RESOLUTION AUTHORIZING THE FOLLOWING: REDUCTION OF BOND
FOR TABLYN PARK SECOND ADDITON, BOND REDUCTION FOR DEMONTREVILLE
HIGHLANDS 6TH ADDITION, AND PAYMENT TO T.A. SCHIFSKY FOR
DRAINAGE IMPROVEMENTS ON LAKE JANE TRAIL AND JANE ROAD NORTH.
R-79-48 A RESOLUTION ADOPTING BUDGET FOR 1980 AND LEVYING TAXES
FOR TIIE YEAR 1980.
R-79-49 A RESOLUTION AUTHORIZING THE EXPENDITURE OF ENTITLEMENT
PERIOD 1.1 FEDERAL REVENUE SHARING FUNDS FOR 1980, FOR POLICE
SERVICES.
R--79-50 A RESOLUTION ESTABLISHING THE FEES FOR LICENSES AND PERMITS
REQUIRED BY THE 1979 MUNICIPAL CODE Or THE CITY OF LAKE ELMO.
R-79-51 A RESOLUTION APPROVING CONSTRUCTION AND MAINTENANCE OF SKI
TRAILS.
R-79--52 A RESOLUTION ORDERING PREPARATION OF A REPORT ON 1980 STATE
AID IMPROVEMENTS.
R•79-53C A RESOLUTION ACCEPTING STREET IMPROVEMENTS ONLY FOR WINTER
MAINTENANCE IN TIIE PLAT OF SPRINGBORNS GREEN ACRES.
R-79-53B A RESOLUTION ACCEPTING STREET IMPROVEMENTS ONLY IN THE PLAT
OF FOX FIRE ESTATES.
R-79-53A A RESOLUTION ACCEPTING THE STREET AND STORM SEWER IMPROVEMENTS
IN THE PLAT OF TABLYN PARK SECOND ADDITION.
RESOLUTIONS 1979
R-79-54 A RESOLUTION VACATING A PUBLIC DRAINAGE EASEMENT IN
DEMONTREVILLE HIGHLANDS 5TH ADDITION.
Rm79�55 A RESOLUTION AUTHORIZING APPLICATION FOR STEP 1 GRANT.
R-79--56 A RESOLUTION SUPPORTING THE VALLEY BRANCH WATERSHED DISTRICT.'
IN ITS REQUEST FOR A SHARE OF THE COUNTY'S FEDERAL REVENUE
SHARING.APPROPRIATION FOR 1980.
R-79--57 A RESOLUTbON SUPPORTING THE ADOPTION OF STATE LEGISLATION
PROVIDING FOR THE PRESERVA"PION OF PRIME AGRICULTURAL LAND.
R79-57
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION SUPPORTING THE ADOPTION OF STATE
LEGISLATION PROVIDING FOR THE PRESETZ17ATTON OF
PRIME AGRICULTURAL LAND
WHEREAS, the City of Lake Elmo has adopted all
policies, regulations and Ordinances permitted by State
Statute to preserve prime agricultural land; and,
WHEREAS, the City supports realistic State legislation
that encourages the preservation of prime aq ricultural land?
and,
WHEREAS, H.F. 1612 and S.F. 1597, if slightly modified,
would promote the preservation of prime agricultural land;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COTTNCTL OF
THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON, STATE OF MINNESOTA,
THAT
The City of Lake Elmo supports the adoption of H.F. 1612
and S.F. 1597 by the State Legislature with the following add-
itions and modifications:
1. Section 3 should be amended to provide that the re-
quired forty (40) acres need not be entirely within one City
if they are a part of one contiguous parcel of agricultural land;
and,
2. Parcels smaller than 40 acres should be eligible for
designation if they are in a legitimate agricultural use such as
orchard or truck farm; and,
3, Cities and Watershed Districts should have the ability
to assess for public improvements that benefit agricultural land
and uses such as drainage improvements and streets; and,
4. The State should consider reimbursing local govern-
ments for tax revenue lost because of the artificial devaluation,
which decreases the total assessed valuation of the City; and,
5, The mill rate averaae should be based on the acaricul-
tural land within each County with disputes resolved by the State
Department of Agriculture; and,
6. There should be a n_ rovision for reduction on' Minnesota
Estate Tax Valuation; and,
R79-57
7. There should be a requirement that elia ible
property must have compatible local zoning; so that local
plans and capital improvement programs can reflect this change
in status; and,
S. The requirement that land be in preserve for
eight years after the date of notification of intent to
cease agricultural operations should be reconsidered as it
may be so restrictive as to discourage preservation. A
provision for recapture of back taxes such as that found in
the "Green Acres" law may encourage caution in ending the
exemption without discouraging participation in the program.
Adopted this the llth day of December, 1979, by the City
Council of the City of Lake Elmo.
5
signed ~z b17�
Thomas G. Armstrong, Mayor
ATTEST:
Laurence E. Whittaker, City Administrator
R79-56
RESOLUTION
CITY OF LAKF. E LMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION SUPPORTING THE VALLEY BRANCH WATFRSHFD
DISTRICT IN ITS RFOUEST FOR A SHARE OF THE COUNTY'S
FEDERAL REVENUE SHARING APPROPRIATION FOR 1980.
WHEREAS, the communities of western Washington County
are currently experiencing flooding problems and flood damage
within the Valley Branch Watershed District; and,
WHEREAS, these problems are likely to increase in the
Spring of 1980 as the lake levels are high; and
WHEREAS, acquisition of the West Lakeland storage site,
as proposed by the District, would ultimately benefit six
Washington County communities by providinnr storage for excess
surface water from Mahtomedi through T^Test Lakeland; and,
WHEREAS, the financial assistance of the County may assure
the District as much as $200,000.00 in private financial -assis-
tance for the project from the 314 corporation; and,
WHEREAS, progress on acquisition of the storage site would
complement the District's efforts to coordinate efforts with
Mn/DOT on, the provision of an outlet to the St. Croix River along
I-94; and,
WHEREAS, the residents and property owners of Lake Elmo
have already expended over $100,000.00 in solving surface water_
problems within the Valley Branch Watershed District without any
assistance from Washington County or anv other Washington County
community; and,
WHEREAS, most of the problems originate outside the City
of Lake Elmo; and the projects have benefited communities, up-
stream and downstream, in Washington County;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF
THE CITY OF LAKE ELMO, WASHINGTON COUNTY, MINNFSOTA, THAT:
The City Council of the City of Lake Elmo supports the
request of the Valley Branch Watershed District for an appro-
priation of $500,000.00 from Washington Countv's 1980 Federal
Revenue Sharing_ Funds for acquisition of t'qe West Lakeland
storage site,
ADOPTED this the llth day of December, 1979, by the
City Council of the City of Lake' Elmo, Washington County,
Minnesota.
R79-56
SIGNED
Thom�sr- rmstronq, Mayor
ATTE T:
r
Laurence E. Whittaker, City Ad' mj strator
STATE OF MINNESOTA )
COUNTY OF [STASH INGTON ) s s .
CITY OF LAKE ELMO }
I hereby certify that I have compared the attached copy of
Resolution R79-56 with the original thereof in the records
of my office and I find said copy to be a true, correct, and
complete copy of the Resolution adopted December 11, 1979,
by the City Council, City of Lake Elmo.
Laurence E, ittaker, City Adm�inlstrator
Dated:
(seal)
R79--55
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION AUTHORI7ING'APPLICATION FOR STEP 1 GRANT
WHEREAS, the Metropolitan Waste Control Commission has
completed studies which identify the City of Lake Elmo as a
community which should receive closer study of certain on --site
wastewater treatment systems; and
WHEREAS, the Minnesota Control Agency has designated
such closer study as eligible for Federal and State grant funds;
and
WHEREAS, the City of Lake Elmo has legal authority under
Minnesota Statutes 429 for construction and assessing the cost
of waste treatment facilities,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Lake Elmo authorizes the filing of an application
for State and Federal funds for the construction of wastewater
treatment facilities under the Federal Water. Pollution Control
Act Amendments of. 1972; and
LET IT BE FURTHER RESOLVED, that the City Administrator
is designated as the official municipal representative; and
LET TT' BE FURTHER RESOLVED, that the local ten percent of
costs for the proposed Step 1 project is to be financed from
General Funds Reserves.
Moved - C,ouncilm6noJess Mottaz
Second - Mayor Tom Armstrong
ADOPTED this the llth. day of December, 1979 by the City
Council of the City of Lake Elmo, Washington County, Minnesota..
ZomasG. Armstrong, Mayor V
Attest;
Laurence Whittaker, C ti y Admin stratir —"
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) sso
CITY OF' LAKE ELMO )
I hereby certify that I have compared the attached
copy of Resolution R79-55 with the original thereof
in the records of my office and I find said copy to
be a true, correct and complete copy of the Resolution
adopted December 11, 1979, by the City Council,City of.
Lake Elmo.
—Laurence E.�Wli..er
City Administrator
Dated;
(seal)
R79--5 4
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION VACATING A PUBLIC DRAINAGE EASEMENT IN
DEMONTREVILLE HIGHLANDS 5TH ADDITION
WHEREAS, at a regular meeting of the City Council of the
City of Lake Elmo, Washington County, Minnesota, held December
11, 1979, a Petition was presented to the City Council praying
for the vacation of certain drainage and utility easements in
the plat of Demontreville Highlands 5th Addition, described as
follows, to -wit:
Drainage easements over Outlot A and Lots
one (1.) Two (2) , Five (5) , Six (6) , Block
One (1), Demontreville Highlands 5th Addition,
as shown on the plat as recorded in the
office of the Washington County Recorder.
Drainage and utility easements adjoining street
lines and side and rear lot lines as shown are
not to be vacated.
WHEREAS, said Petition came on for hearing before said
City Council at a regular meeting thereof, held at 8:00 o'clock
p.m. on Tuesday, December 11, 1979, in the City Hall, pursuant
to notice thereof published and posted as required by law; and
WHEREAS, the City Council of the City of Lake Elmo has
heard all the evidence presented for and against said Petition
and after due consideration thereof has determined that it is
in the best interests of the public and the City of Lake Elmo
to vacate said drainage and utility easements for the following
reasons:
1. The plat of Demontreville Highlands 5th. Add., was originally
submitted in such a way so as to delineate the above -
described area as an area to be acquired by the State
of Minnesota for purposes of using same as a rearing
pond for fish.
2. Since the final plat of Demontreville Highlands 5th
Addition included the above -described area and
dedicated it as drainage and utility easements, the
fee owners are no longer able to transfer this property
to the State of Minnesota for the purpose described
above.
3. The City would benefit by having said property
returned to private use and transferred immediately
to the State of Minnesota for purposes indicated
above.
4. It is understood and agreed by all parties that the
owners of the property following this vacation will
immediately transfer same to the State of Minnesota
for the purpose stated above.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lake Elmo, that the following described drainage and
utility easements located in the plat of Demontreville Highlands
5th Addition, to -wit:
Drainage easements over Outlot A and Lots One
(1) , Two (2) , Five (5) , Six (6), Block One (1) ,
Demontreville Highlands 5th Addition as shown
on the plat as recorded in the office of the
Washington County Recorder
Drainage and utility easements adjoining street
lines and side and rear lot lines as shown are
not to be vacated.
be and the same hereby is, vacated absolutely and forever for
the reasons set forth above herein.
IT IS FURTHER RESOLVED, that the City Council does hereby
determine that the City is deemed to benefit from said vacation
for the reasons set forth above and the same is sufficient
consideration for the vacation thereof provided, however, that:
1. The area described above be conveyed by the fee owners
to the State of Minnesota for purposes of installing
the rearing ponds for fish.
2. That all costs to the City for this vacation proceeding
shall be calculated by the City and shall be paid by
the Petitioners and their assigns to the City.
3. Upon payment of such costs by the Petitioner, and
performance of the other conditions above set forth,
the City shall cause notice that this vacation
proceeding has been concluded to be served on the
County Auditor of Washington County and shall record a
certified copy of this Resolution with the Washington
County Recorder, all as provided by and in accordance
with Section 412.851 of the Minnesota Statutes.
- 2 -
Adopted by he City Council of the City of Lake Elmo this
day of 1979.
s
Thomas G. Armstrong, Mayor
Attest:
i0LtiLV-AV(e Lo 2-0'_
Laurence Whittaker, City Administrator
STATE OF MINNESOTA )
COUNTY OF WASHINGTON) ss.
CITY OF LAKE EUIO )
I hereby certify that I have compared the attached copy of
Resolution R79-54 with the original thereof in the records
of my office and I find said copy to be a true, correct and
complete copy of. the Resolution adopted adopted December 11,
1979, by the City Council, City of Lake Elmo.
Dated:
(seal)
Laurence F, -TiT takes; y Administrator
- 3 -
NOTICE OF COMPLETION Of VACATION PROCEEDINGS
TO: T. R. GREEDER, AUDITOR, WASHINGTON COUNTY, MINNESOTA
This is to notify you that the City of Lake Elmo has
completed the vacation of that certain public drainage
easement in Demontreville Highlands 5th Addition described
as follows:
Drainage easements over Outlot A and Lots
One (1) , Two (2) , Five (5) , Six (6) , Block
One (1), Demontreville Highlands 5th Addition,
as shown on the plat as recorded in the
office of the Washington County Recorder.
Drainage and utility easements adjoining street
lines and side and rear lot lines as shown are
not to be vacated.
The vacation having been completed.on the 11 day of
1979, at which time a'Resolution of Vacation was adopted by the
City Council.
This notice is sent to you pursuant to the provisions of
Section 412.851 of the Minnesota Statutes as amended by Chapter
494, Laws 1973.
Dated:
Liurence Whittaker,, Eity�Ad imam nisi trator.
R-79- S3 A
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ACCEPTING THE STREET AND STORM SEWER
IMPROVEMENTS IN THE PLAT OF TABLYN PARK SECOND ADDITION
WHEREAS, the developer of Tablyn Park Second Addition
has substantially completed construction of the street and
storm sewer improvements required under the Development
Agreement between the City and said developer dated July 11,
1978; and
WHEREAS, said improvements have been inspected by the
City Engineer and said Engineer by his letter of November 20,
1979, has recommended acceptance of the same subject to certain
bank erosion corrective measures around the storm water
storage pond which are to be completed in the Spring of 1980:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo as follows:
1. The street and storm sewer improvements constructed
by the developer of the plat of Tablyn Park Second Addition
be, and the same hereby are, accepted by the City Council subject
to the requirement the developer complete the bank erosion
protection measures around the storm water storage pond in a
form acceptable to the City Engineer in the Spring. of 1980 and
subject also to the one year warranty provided in the Development
Agreement.
2. The :developers' bond or other security deposit is hereby
ordered reduced to the sum of $1,000.00 which the City Council,
based on the recommendation of the Engineer, deemed sufficient
to ensure completion of any remaining work which may be necessary.
Adopted by the City Council of the City of Lake Elmo this
aO day of 1979.
'Thomas G. Armstrong, Mayor
ATTEST:
6 Avcl z co
Laurence E. Whittaker
City Administrator
R-79- � 3 G
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ACCEPTING STREET IMPROVEMENTS ONLY IN THE
PLAT OF FOX FIRE ESTATES.
WHEREAS, the developers of Fox Fire Estates Addition
subdivision have substantially completed the bituminous surfacing
of the street improvements required under the Development
Agreement between the City and said developers dated
October 27, 1978; and
WHEREAS, said street improvements have been inspected
by the City Engineer and said Engineer, by his letter of
November 20, 1979, has recommended acceptance of the street
improvements only, for winter maintenance, so as to allow
the developer to complete any remaining corrective work in the
Spring of 1980:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo as follows:
1. The street improvements constructed by the developer
of the plat of Fox Fire Estates Addition be, and the same
hereby are, accepted by the City Council for winter maintenance,
subject to the right of the City to require the developer to
perform any remaining corrective work which may appear to be
necessary to the City Engineer in the Spring of 1980 and subject,
also, to the one year warranty provided in the Development
Agreement.
2. The developers' bond or other security deposit is
hereby ordered reduced to the sum of $5,000.00 which the City
Council, based on the recommendation of the Engineer, deemed
sufficient to ensure completion of any remaining corrective work
which may be necessary.
Adopted b the City Council of the City of Lake Elmo this
E` b day of UZ , 1979.
Thomas G. Armstrong, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator
R-79- 53 Q,
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ACCEPTING STREET IMPROVEMENTS ONLY FOR
WINTER MAINTENANCE IN THE PLAT OF SPRINGBORNS GREEN ACRES.
WHEREAS, the developers of Springborns Green Acres
Subdivision have substantially completed construction of the
street surfacing improvements required under the Development
Agreement entered into between the City and said developers
dated January 8, 1979; and
WHEREAS, said improvements have been inspected by the
City Engineer and said Engineer, by his letter of November 20,
1979, has recommended acceptance of the street improvements
only, for winter maintenance, subject to any necessary corrective
work which may be required in the Spring of 1980:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo as follows:
1. The street surfacing improvements constructed by
the developer in the'plat of Springborns Green Acres be, and
the same hereby are, accepted by the City Council for winter
maintenance subject to the right of the City to require the
developer to perform any necessary corrective work which
may appear to be necessary to the City Engineer in the Spring
of 1980 and subject, also, to the one year warranty provided in
the Development Agreement.
2. The developers' bond or other security deposit is
hereby ordered reduced to the sum of $5,000.00 which the City
Council, based on the recommendation of the Engineer, deemed
sufficient to ensure completion of any necessary corrective
work.
AdoptedX the C�1ity Council of the City of Lake Elmo this
o c)) day of (I� IVYYt,C - , 19-79.
�-
Thomas G. Armstrong, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator
R-79- 52
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING PREPARATION OF A REPORT ON 1980
STATE AID IMPROVEMENTS
WHEREAS, it is proposed to improve the following streets
located within the City of Lake Elmo, to -wit:
1. 45th Street from Jane Road North to Julep Avenue;
2. to Julep Avenue from 45th Street to 47th Street;
3. 47th Street from Julep Avenue to Keats Avenue; and
4. Keats Avenue from 47th Street to Trunk Highway 36
and to assess the benefited property for all or a portion of
the cost of the proposed improvements, pursuant to Minnesota
Statutes Chapter 429:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elmo, Minnesota as follows:
1. The proposed improvements be referred to the City
Engineer for study and the City Engineer is instructed to report
to the Council with all convenient speed advising the Council
in a preliminary way as to whether the proposed improvements are
feasible and as to whether they should best be made as proposed
or in connection with some other improvement, and the estimated
costs of the improvements as recommended.
Adopted by the City Council of the City of Lake Elmo
this 20th day of November, 1979.
Thomas G. Armstrong, Mayor
ATTEST:
lw_u�ltu � 0-
Laurence E. Whittaker
City Administrator
R 79-51
RESOLUTION
City of Lake Elmo
A Resolution Approving Construction and Maintenance
of Ski Trails
WHEREAS, the City Park Advisory Committee has recommended
to the City Council plans for cross-country ski trails.
NOW, THERkFORE, 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 and
maintenance of cross-country ski trails in the Sunfish Lake
Nark is hereby ordered. The said ski trails shall be contained
entirely within the boundaries of the City property known as
Sunfish Lake Nark. 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 Depart-
ment of Natural Resources Minnesota Trail Assistance Pro6ram
for funds through their grant -in aid program.
Adopted by the City Council this ir' — day of November, 1979.
Mayor
ATTEST s
Clerk
R-79-50
RESOLUTION
CITY OF LAKE EU40
TIASIIINGTO14 COUNTY, I' INNESOTA
A RESOLUTION ESTABLISHING THE FEES FOR LICENSES
AND PERMITS REQUIRED BY THE 1979 MUNICIPAL CODE
OF THE CITY OF LAKE ELMO.
WHEREAS, the City Council of the City of Lake Elmo
adopted the 1979 Municipal Code of Lake Elmo October 2,
1979; and
WHEREAS, the 1979 Muncipal Code of Lake Elmo requires
certain fees for licenses, permits and registrations be es-
tablished from time to time by Resolution; and
VJIIEREAS, the fees for assessment searches and legal
descriptions are too low;
NOW, THEREFORE BE IT RESOLVED, by the City Council of
the City of Lake Elmo that:
1. The Dog registration fees be as follows:
a. All dogs not in kennel - $6.00 biennial
b. All dogs in kennel - $5.00 biennial
C. Neutered dog - $5.00
2. The annual license fee for Bingo shall be $10.00
3. Licenses for certain occupations skull be $25.00
4. The fee for a permit to operate an outdoor target
range shall be $50.00.
5. Liquor license fees shall be as follows:
a. On --sale intoxicating liquor - $1,000.00
b. Club on -sale intoxicating liquor - $100.00
C. On -sale Sunday intoxicating liquor - $200.00
d. Off --safe intoxicating liquor -- $100.00
e. On -sale non -intoxicating malt liquor - $100.00
f. Off -sale non -intoxicating malt liquor - $100.00
q. Transfer of liquor license - $100.00
h. Special permits - $10.00
it Temporary non-intoxicatingq malt - �10.00
6. The fees requied by Section 502, Duilding Code fees,
shall be:
a. Building permits - the State fee structure
b. Building permit plan review - $15.00 or 10% of
the permit fee, whichever is greater
C. Plumbing permits - $5.50 plus 52.00 per fixture
d. Excavation and grading -- $25.50
e. Well and well pump permits - $15.50
f. Individual sewer systems permits - $25.50
g. Heating systeri. permits -- $25.50
h. Air conditioning permits - $25.50
i. Driveway permit - $15.50 or based on value of a
building permit
J. Tennis Courts - $15.50
7. The fees for water meters shall be $15.00 plus
cost of meter and reader.
8. The fees for the reader only will be $10.00 plus cost.
9. The fees for subdivisions shall be as follows;
a. Minor - $50.00 plus pass -through
b. Variances - $50.00 plus pass -through unless a
part of subdivision application
c. Major -- $100.00 plus pass --through with escrow for
all consulting fees
d. Special Use Permits - $25.00 for all but adver-
tising signs; $7.50 for signs
e. Mobile Home Parks - application & annual renewal'_
$100.00 - plus pass through
10. The fees for applications required by the Zoning
Ordinance shall be as follows:
a. Variances, Appeals, and Shoreland Permits - $25.00
plus any pass through costs over and above this
amount;
b. Amendments, rezoning, Conditional Use Permits or
amendments to Conditional Use Permits - $100.00
plus any pass through costs over and above this
amount;
C. Renewal of Conditional Use Permits - $25.00
d. Planned Unit Development applications -- $100.00
plus pass through costs over and above this amount;
e. Flood Plain Magement permits, Conditional Use
Permits, Variances, and Appeals - $25.00 plus any
pass through costs over and above this amount.
f. Outside coin -operated machine permits - $10.00
11. The fee for pool permits required under Section 504
of the City Code - based on value of the construction, using
the State Building Code formula.
DE IT FURTHER RESOLVED by the City Council of the City
of Lake Elmo that the fees for Assessment searches and legal
descriptions shall be $5.00
ADOPTED this �_ _ day of N member , 1979, by the City
Council of the City of Lake Elmo, Washington County, Minnesota
Thomas G. Armstrong, Mayor
ATTEST:
4""" �_ ('0 _
Laurence E. Whittaker
City Administrator
R79-49
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE. EXPENDITURE OF
ENTITLEMENT PERIOD 11 FFDERAL RM7r,,NUF SHARING
FUNDS FOR 19R0, FOR POLICE SER1TTCFS
WHEREAS, the City of Lake Elmo is entitled to $26,384.00
in Entitlement Period 1.1 Federal Revenue Sharing Funds, for
fiscal 1980: and,
WHEREAS, the City of Lake Elmo held a proposed use hear-
ing on the use of said funds on August 21, 1979, at 9:15 n.m.,
after the required public notice- and,
WHEREAS, the City of Lake Elmo held a budget hearing on
the said funds October 2, 1979, after the required public
notice and publication of the proposed budget; and,
WHEREAS, the City of Lake Elmo contracts for police service
with the Washington County Sheriff's Department and said De-
partment meets all the requirements for entitlement funds:
NOW, THEREFORE, BE IT RESOLVED BY the City Council of
the City of Lake Elmo that -
The City Adminsitrator is authorized to expend all
Entitlement Period 11 Federal Revenue Sharing Funds, for 1980,
for police services provided by the Washington County Sheriff's
Department.
ADOPTED, this the 2nd day of October, 1P?79, by the City
Council, City of Lake Elmo, Washington County, Minnesota,
_SIGNED:
Thomas 0, Armstrong, Mavor
ATTEST:
Laurence E. Whittaker, City Administrator
R79-48
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ADOPTING BUDGET FOR 1980 AND LEVYING TAXES
FOR THE YEAR 1980.
WHEREAS, the City Council of the City of Fake Elmo has here
tofore considered and has unanimously adopted a budget setting
forth in detail complete financial plans of the City for the
year 1980; and
WHEREAS, the City Clerk/Treasurer (City Administrator)
at direction of the Council has.computed the amount of taxes
necessary and within statutory limits which must be levied and
collected during the year 1980 in order to provide the budgeted
funds; and
WIIEREAS, The City Council of the City of Lake Elmo has con-
sidered the said proposed levy and determined the same to be
necessary and in 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 Lahe Elmo during the
year 1980 and the sums of $173,478 or 9 mils which ever is less,
is hereby levied in order to provide the City with the funds
required by said budget and that the sum of ?5,500. Special
Assessment and $75,000. General Obligation also lie levied for
1930 Bonded Indebtedness.
BE IT FURTIIER RESOLVED, that the Clerk/Treasurer (City
Administrator) is hereby directed to certify a copy of this
resolution to the County Auditor in accordance with law.
Adopted by the City Council this 2nd. day of October, 1979.
r
oma.s G.. Armstrong, layor
AT ST:
Laurence E. ker,
City Administrator
R79-47
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
WHEREAS, the following matters must come before the
City Council at the next regular meeting, September 18,1979;
and,
WHEREAS, the matters are of a general nature and there
is little disagreement over the position of the Council on
them; and,
WHEREAS, the Council desires to take every means
possible to shorten City Council meetings:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF LAKE ELMO, WASHINGTON
COUNTY, MINNESOTA, THAT:
1. The City Council authorizes the Administrator
to reduce the bond for Tablyn Park Second Addition
by $4000. leaving a balance of $2500.00.
2. The City Council authorizes the Administrator
to reduce the bond on Demontreville Highlands, 6th.
Addition by $42,454. leaving a balance of $219,546.00
and 5th. Addition by $7,240. leaving a balance of
$19,760.00.
3. The City Council authorize the payment of
$2575.00 to T. A. Schifsky & Sons for completion of
drainage improvements on Lake Jane Trail and the
flume on Jane Road North.
Adopted, this the I� day of by the
City Council of the City of Lake Elmo, Washington County,
Minnesota.
SIGNED:
Thomas G. Armstrong, Mayor —�
ATTEST:
Laurence E. Whittaker, Administrator
R79-46
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION THANKING THE PLANNING
COMMISSION FOR ITS WORK ON THE
COMPREHENSIVE PLAN AND ZONING ORDINANCE
WHEREAS, the Planning Commission of the City of Lake
Elmo spent countless hours in assessing the needs and demands
of the community and in the development of the Comprehensive
Plan and Zoning Ordinance; and,
WHEREAS, the Planning Commission was also required to
explain and defend that Plan and the Ordinance before the
public at many public hearings and meetings; and
WHEREAS, the City Council of the City of Lake Elmo greatly
appreciates all of the effort the Commission has put in over the
past several years on these projects; and,
WHEREAS, the City Council of the City of Lake Elmo has
appreciated the advice and assistance of the Planning Commission
throughout the long development and review process of the Plan
and the Ordinance;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF
THE CITY OF LAKE ELMO, WASHINGTON COUNTY, MINNESOTA, that:
The City Council hereby offers its sincere thanks and
appreciation to the Planning Commission, and each and every
member past and present, who contributed to, worked on, or
took testimony on the new Comprehensive Plan and Zoning Or-
dinances over the past several years; and
The City, as a whole, thanks the Planning Commission,
and each and every member past and present, who assumed part of
the responsibility for assessing and weighing the interests of
the community and the limits of the City government to meet or
respond to them; and developed a Comprehensive Plan and Zoning
Ordinance that attempttto reflect those interests, goals, needs
and limitations of the community and its resources.
Adopted, this the 18th day of September, 1979, by the
City Council.of the City of Lake Elmo, Washington County,
Minnesota.
Signed
Thomas G. Armstrong, Mayor
Seal
AT EST: { !,
Laurence E. Whittaker, Administrator
R-79-45
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
AUTHORIZING PARTICIPATION IN
JOINT AIRPORT ZONING BOARD
At a meeting of the City Council of the City of Lake Elmo,
on the 18th. day of September, 1979, councilperson Armstrong,
seconded by councilperson Johnson, introduced the following
resolution and moved its adoption:
WHEREAS, the Metropolitan Airport Commission (here-
inafter "the "MAC") owns and controls the Lake Elmo
Airport, a public airport located in Washington County;
and
FdHEREAS, ,Minnesota Statutes Section 360.061-360.074
mandate that certain properties surrounding the above -
mentioned airport, a part of which property is located
within the territorial limits of this City, and
WHEREAS, the MAC has requested in writing that this
City join with it and other affected_ municipalities and
townships in the creation of a Joint Airport Zoning Board;
and
WHEREAS, this City deems it necessary and expedient
to participate in such a Joint Airport Zoning Board in
cooperation with the MAC and other affected municipalities
and townships pursuant to Minnesota Statutes Section 360.
063, Subd. 3, and other applicable laws, for the purpose
of establishing, administering and enforcing zoning laws
for the area surrounding the airport and for the protection
of the airport and the public; and
WHEREAS, the above statute provides that this City
has the right to appoint two persons to said Board (said
persons need not be members of the Board).
NOW, THEREFORE, BE IT RESOLVED by the undersigned
City of Lake Elmo as follows:
1. That there be created in cooperation with
the Metropolitan Airports Commission and other
affected municipalities, a Joint Airport Toning
Board composed of representatives of the under-
signed City and representatives of the other affected
municipalities and townships, as is designated by
Minnesota Statutes Section 360.063, Subd. 3.
2. The undersigned City hereby appoints
Thomas G. Armstrong and Laurence 11hittaker
to ae the r�representatives on said Board, said
persons to serve for an indefinite term until they
resign or are replaced by the undersigned City.
ROLL CALL
City Councilpersons voting aye: Armstrong, Pott, Johnson
_a d MQr_gan _
City Councilpersons voting nay: none
Resolution declared passed.:
5jc��
ThomasG. Armstrong, Mayor
ATTEST: [ f
4 CL"�
Laurence Whittaker
City Administrator
i hereby certify that the foregoing resolution is a
true and correct copy of the original resolution passed
and now on file in my office.
(Seal)
R 79-44
R E S O L U T I O N
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
WHEREAC, the following matters must come before the
City Council at the next regular meeting, September 18,
1979; and,
WHEREAS, the matters are of a general nature and there
is little disagreement over the position of the Council on
them; and,
WHEREAS, the Council desires to take every means possible
to shorten City Council meetings:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, WASHINGTON
COUNTY, MINNESOTA, THAT:
1. The City rent the Richert)s garage for $50.00 per
month for winter storage.
2. The City grant Guardian Angels Church a temporary
license for the sale of non --intoxicating malt liquor for
September 16, 1979; *
3. The City set Saturday, October 27. 1979, as Fall
Clean -Up Day, to be held at West Sunfish Park (the old
landfill site);
4. The City set the final hearing on Federal Revenue
Sharing for fiscal 1980 for Tuesday, October 2, 1979,
at 8:15 p.m.;
5. The City grant sewer installer licenses to Rey -Roc
Co., 1690 East Ivy and Woodbury Mechanical, 2006 Prosperity;
6. The City grant a General Contractor's license to
Gustafson Construction, 2119 Oliver Avenue South, Minneapolis;
7. The City authorize the Mayor and City Administrator to
sign the General Revenue Sharing Assurances; and,
8. The City set the hearing on delinquent water bills for
6:30p,m. on the evening of October 2, 1979, in the City Hall.
ADOPTED, this the 18th day of September by the City Council
of the City of Lake Elmo, Washington County, Minnesota.
SIGNED:
n _mot
Thomas G. Armstrong, lllayo
ATTEST:
Laurence E. Whittaker, Administrator
* issued on poll of four Councillors September 14, 1979.
R-79-43
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING RECONVEYANCE OF TAX -FORFEIT LAND
WHEREAS, John Offt has requested that the City reconvey
the following described land to 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 the 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:
Lots 526, 527, 612 and 613 of Lane's Demontreville
Country Club Addition.
Adopted by the City Council of the City of Lake 1�_lmo
this 4th. day of September, 1979.
r.
Thomas G. Armstrong, Mayor
ATTEST:
La,�,,VL�q C . w aie_ -
urence E. t ittaker, City Administrator
R79-42
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE FINAL PLAT OF GAY S.
BANISTER
WHEREAS, the City Council of the City of Lake Elmo has
previously considered and approved the preliminary plat of
Gay S. Banister; and
WHEREAS, the applicant has now presented to the City a
final plat that conforms to the approved preliminary plat
and meets 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 Gay S.
Banister thatis on file in the office of the County Recorder
of Washington County, Minnesota.
Adopted this 2— day of Auaust 1979, by the City
Council of the City of Lake Elmo.
Thomas G. Armstrong, Mayor
Attest:
�*W-LU,Nkt � LUftt—a�-k'-'—
Laurence Whittaker
City Administrator
R-79-1a1
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ADOPTING THE 1979 COMPREHENSIVE PLAN FOR LAKE ELMO,
MINNESOTA ON AN INTERIM BASIS BEFORE RECEIVING COMMENTS FROM
SURROUNDING COMMUNITIES TO PROVIDE GUIDANCE IN PLANNING AND ZONING
FOR THE CITY UPON THE EXPIRATION OF THE INTERIM ZONING ORDINANCE.
WHEREAS, the City of Lake Elmo has spent over one year developing a new
comprehenensive plan; and,
WHEREAS, the City adopted a six month Interim Ordinance restricting
development and new subdivisions to permit time for completion of a new
comprehensive plan and zoning ordinance; and,
WHEREAS, the Lake Elmo City Planning and Zoning Commission has completed
a plan, held public hearings on the matter, and recommended a new Comprehensive
Plan to the City Council for approval; and,
WHEREAS, the ability to predict conditions that affect this plan, beyond
1985, is difficult:
NOW THEREFORE BE IT RESOLVED, 1. That, the Lake Elmo City Council adopts
the 1979 Comprehensive Plan on an interim basis, to provide policy direction
and guidance in the development and zoning of the Cityupon expiration of the
six month Interim Zoning and Subdivision Ordinance; and,
2. That, the City Council directs the
City Administrator to submit the Lake Elmo Comprehensive Plan to surrounding
local governments, school districts and metropolitan agencies for review and
comments, which will be studied and considered fro incorporation into the
Comprehensive Plan by the Planning and Zoning Commission and City Council
after all comments have been received; and,
3. That, the City Council instructs the
Planning Commission to review this Comprehensive Plan in 1985.
Adopted, this the 21st day of August, 1979, by the City Council of the
City of Lake Elmo.
Thomas G. Armstrong, Mayor
Attest:
Laurence E. Whittaker
City Administrator
R-79-hl
RESOLUTION
CITY OF' LAKE E'LMO
WASHING-rON COUNTY, MINNESOTA.
A RESOLUTION ADOPTING THE 1979 COMPREHENSIVE PLAN FOR LAKE ELMO,
MINNESOTA ON .AN INTERIM BASIS N..70RE RECEIVING COMMENTS FROM
SURROUNDING COMMUNITIES TO PROVIDE GUIDANCE IN PLANNING AND ZONING
FOR THE CITY UPON THE EXPIRATION OF THE INTERIM ZONING ORDINANCE.
WHEREAS, the City of Lake Elmo has spent: over one year developing a new
comprehenensive plan; and,,
WHEREAS, the City adopted a six month Interim Ordinance restricting
development and new subdivisions to permit time for completion of anew
comprehensive plan and zoning ordinance; and,
WHEREAS, the Lake Elmo City Planning and Zoning Commission has completed
a plan, held public hearings on the matter, and recommended a new Comprehensive
Plan to the City Council for approval; and,
WHEREAS, the ability to predict conditions that affect this plan, beyond
1955, is difficult:
1 NOW THEREFORE BE IT RESOLVED, 1. That, the Lake Elmo City Council adopts
the 1979 Comprehensive Plan on an interim basis, to provide policy direction
and guidance —in the development and zoning of [,he City upon expiration of the
six month Interim Zoning and Subdivision Ordinance; and,
2. That, the City Council directs the
City Administrator to submit the Lake Elmo Comprehensive Plan to surrounding
local governments, school. districts and metropolitan agencies for review and
comments, which will be studied and considered fro incorporation into the
Comprehensive Plan by the Planning and Zoning Commission and City Council
after all comments have been received; and,
3. Chat, the City Council instructs the
Planning Commission to review this Comprehensive Plan in 1.985.
Adopted, this the 21st day of August, 1979, 'by the City Council of the
City of Lake Elmo.
Thomas G. Armstrong, Mayor
Attest;
Laurence E. Whitbaker
City Administrator
R-79-40
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION
OF PLANS
WHEREAS, a Resolution of the City Council adopted
July 17, 1979, fixed a date for the Council hearing on the
proposed improvement of Irvin Court; and
WHEREAS, said hearing was held on the 31st day of July,
1979, pursuant to proper notice duly given as required by
law, and at which hearing all persons desiring to be heard
were given an opportunity to be heard thereon:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo as follows, to -wit:
1. Such improvement is hereby ordered as proposed in
the Council, resolution adopted the 17th day of July, 1979.
2. The City Engineer is hereby designated as the
Engineer for the improvement. He shall prepare plans and
specifications for the making of such improvement.
Adopted by the City Council of the City of Lake Elmo
this 21st. day of August , 1979•
Thomas G. Armstrong, Mayor
Attest:
Laurence Whittaker, City Administrator
R79-39
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A SPECIAL USE PERMIT TO
LEONARD HANSON
WHEREAS, the City Council of the City of Lake Elmo has
received an application from Leonard Hanson for a Special
Use Permit for an open sales lot and an advertising sign
on his property legally described as follows, to -wit:
That part of the Southeast Quarter of
Section 35, Township 29 North, Range 21
West, lying North of the Northerly right-
of-way line of Trunk Highway #12 being the
South 627.9 feet of the West 618 feet there-
of. Containing 8.9 acres, more or less.
WHEREAS, said Leonard Hanson has also requested a
rezoning from SFU to GB on the above described premises:
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Lake Elmo as follows, to -wit:
1. The requested Special Use Permit for an open sale
lot and advertising sign is hereby granted provided the
sign shall be limited to four (4) feet by eight (8) feet
and be a non -flashing illuminated sign, and provided the
present ponds will be kept clean and will not be filled.
2. The requested zoning change from SFU to GB is
hereby granted provided the applicant complete the purchase;
and provided the applicant agrees to accept whatever zoning;
is determined for the property in the comprehensive plan
now being considered by the City of Lake Elmo so long as
this permits the sale of horse trailers.
3. The applicant shall sign a copy of this resolution
indicating his agreement with its terms and conditions.
Adopted by the City Council this day of
1979.
Thomas G. Armstrong, Mayor
Attest:
Laurence Whittaker
City Administrator
Z hereby agree to the terms and conditions of the
above Resolution for a Special Use Permit.
Leonard Hanson
- 2 -
R-79- 38
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RELATING TO THE GRANTING OF A SPECIAL USE
PERMIT TO DONALD DURAND FOR THE OPERATION OF A BOAT
LAUNCH AND TURN -AROUND IN THE CITY OF LAKE ELMO
WHEREAS, the City Council of the City of Lake Elmo has
considered an application submitted by Donald Durand for the
purpose of _paving' a boat launch and turn -around on his
property on Lake Elmo Lake; and
WHEREAS, this matter has been considered by the City
Council at numerous meetings and hearings on the matter:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo as follows:
1. Said Special Use Permit shall be granted to the
applicant upon the following terms and conditions: a) the
applicant obtains the necessary County permit b) the applicant
allows no more than 11 boats to be launched at any one time
c) all said boats shall be either non -motorized or operated
by persons who intend to fish. This condition is intended to
specifically prohibit launching boats for the purpose of
water-skiing d) the applicant not exceed the legal non -conforming
use of his property d) the applicant provide sufficient off
street parking for all customers e) the applicant agrees to
these conditions.
Adopted by the City Council of the City of Lake Elmo this
7 day of August , 1979.
7—x.�G'`eq—--�C..�
hom�P as G. Armstrong, Mayor
Attest: ( p 1 J mod„ o
Laurence E. Whittaker, Administrator
I have read the foregoing terms and conditions of the Special Use
Permit granted to me and I hereby agr to its terms.
D nald Durand
R-79- 37
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RELATING TO PAYMENT OF THE FEE UNDER THE
SUBDIVISION ORDINANCE IN LIEU OF PARK DONATION
WHEREAS, the City of Lake Elmo has adopted various sub --
division ordinances providing for donation of park land or in
the alternative the payment of a fee to the City; and
WHEREAS, since October 3, 1968, the City of Lake Elmo has
by ordinance regulated minor subdivisions which were exempt
from the park dedication requirement; and
WHEREAS, the City Council has now determined it is in the
best interests of the City to collect a fee in the amount of
$175.00 in lieu of park land dedication on all those minor lot
subdivisions occuring since October 3, 1968:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo:
1. Effective immediately all minor subdivisions occurring
since October 3, 1968, shall pay to the City a fee of $175.00Ver lot,
in lieu of park donations, at the time a buildinq permit is issued
for that lot.
2. The City Administrator is authorized and directed to
determine what parcels are effected and to collect said fee.
Adopted by the City Council of the City of Lake Elmo this
„7__ day of Anal t.. ....._ 1979.
Thomas G. Armstrong, Mayor
Attest:
Laurence E. Whittaker, Administrator
R79-36
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ADOPTING CONSENSUS MOTIONS MADE BY
THE CITY COUNCIL AUGUST 1, 1979, AT A..WORKSHOP SESSION
WHEREAS, The City Council met in workshop Session
AUIi%st 1, 1979; and,
WHEREAS, The City Council discussed the following
proposals in great depth at said meeting; and,
WHEREAS, The City Council reached agreement on the
resolution of these issues at said meeting; and,
WHEREAS, The City Council deferred official action on
these matters until the next regularly scheduled meeting;and,
WHEREAS, The August 7, 1979, regular City Council is
the next regularly scheduled meeting of the City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Lake Elmo:
1. That Chris Curran, of 3607 Kelvin Avenue, be
appointed Alternate Member of the Planning Commission to
serve until December 31, 1982.
2. That Gary Anderson of Frogner Industrial Painting
be hired to sandblast and paint prime and two coats on the
legs of the City water tower; and airbrush and paint the
spots on the underbelly and top of the water Tower tank; for
the fixed price of $.4360 .00 to be paid from Water Enterprise Fund.
3. That National Biocentric be hired to serve as
consulting engineers for the 201 Facilities Plan funded by
EPA and PCA grants for wastewater planning.
4. That the City Administrator and Councillor Dave
Morgan be authorized to prepare specifications for and take
bids on the construction of two tennis courts in Tablyn Park.
5. That the 1979 Park Budget be adopted as indicated
on the attached budget summary.
Adopted by the City Council this the 7th day of
August, 1979.
Thomas G. Armstrong, Mayor
ATTEST:
_ C' UD
Laurence E. Whittaker, City Administrator
T I
(UR of `gake ` hna
'Thirty-third and Laverne Avenue
Lake Elmo, Minnesota 65042
777-6510
DATE: August 7, 1979 CC: Council, PAC, Marilyn, Larry
TO: City Council
FROM; Larry Whittaker
SUBJECT: 1979 Budget, PARKS
1979
1980
OPERATING (Revenue - $5tO00)
PERSONNEL
M
Administrator Not assigned
(N/A) ($ 642.46 -
6 months)
Attorney NIA
none first
six months
Engineer NIA
mono first
six months;
E
Maintenance w/overhead)
�Plannere,etc.)
$4,000,00
Consultants
BUILDINGS - shown in equipment
rental
M
EQUIPMENT RENTAL NA
($2.0000,00)
SUPPLIES
Plaques
88.34
0
Maps
150.00
Soccer Nets
605,00
Tennis Nets
250.00
R
Grass seed and fertilizer
?
Paint
?
A
INSURANCE N/A
?
Misc, Services and expenses®'gate
watch $250.00per year Q $50/month
N
Ray Ad
20.00
National Guard Expenses
50.00
UTILITIES
C
Lighting, courts and fields
500.00
SUBTOTAL
L5, 9.t3-3J4
U
RESERVES
Balance, 1979 $20,350.00
Expenses,, 1979 (f mower/trailer)
$3,770,00
M
Balance, 1980 $16,580.00 plus
interest
CAPITAL FUND
®
Balance, 1979 $1020998.00
Expenses, 1979
City
Grant
Lights, Pebble Park
$7t417.50
$70417,50
®
Master Plan, Derpontreville
30250.00
135.00
Master Plan, Sunfish
1,690.Oo
810,00
Fence, Lions Park
2,400.00
Landscaping, all
20000.00
Ballfield, Tablyn
300,00
Sign, Tablyn
50,00
Park Budget
August 7. 1979
Page two
Capital plund (continued)
Expenses (continued)
Gharcoal grills
Trails, all (less planning money)
Reid Park
Tennis courts, Tablyn
Parking Lot, Lions
Picnic Tables
Warming House, Lions NIA
SUBTOTAL
City
300,00
3,01:5m00
7,600.00
12,801.00
250000
Grants
i?,6S3.o0
68,400.00
90199.00
500.00 1980
31,500,00 3*500,00)
$771-t573.50 $03. W- 5d
GRAD ' $86,085.00
CONTRIBUTIONS, 1979 $6,351.00 (Tri-9tat, Eden Park 11, Green Acres)
,Balance, 1980 $50,214.00 plus interest
DEBT RETIREMENT
West Sunfish (Landfill) I park 3,750
Park bonds, 1976 refunding $64,500
UBBTOTAL
$68,250
Actually show deficit in Operating budget; but, those expenses are budgeted for
under maintenance. City is not "in red"i but, should be accounted for in 1980.
Should also budget for insurance on park land. This is also elsewhere in budget,
Expenses to consider for 19801
Maintenance
Equipment rental and replacement(for those that are purchase by department)
Administration
Consulting services including attorney, Engineer, Planner
R-79-- 35
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RELATING TO THE ADOPTION OF THE ASSESSMENT
ROLL RELATING TO SURFACE WATER CONTROL PROJECT III.
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 III.
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 October
10, 1979, or said assessment shall be certified with real estate
taxes due and payable in 1980.
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 31st day of July, 1979.
Thomas G. Armstrong, Mayor
ATTEST:
J�LL
Laurence E. Whittaker
City Administrator
R-79- 34
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ADOPTING ASSESSMENT.
WHEREAS, pursuant to proper notice duly given as required
by law, the Council has met and heard and passed upon all
objections to the proposed assessment for the improvement of
First Street and Immanual Avenue.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo as follows:
1. Such proposed assessment, a copy of which is attached
hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the
land named therein, and each tract of land therein
included is hereby found to be benefitted by the
proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal installments
extending over a period of ten (10) years, the first
of the installments to be payable on or before the
first Monday in January, 1980 and shall bear interest
at the rate of eight percent (80) per annum from the
date of the adoption of this assessment Resolution.
To the first installment shall be added interest on
the entire assessment from the date of this Resolution
until December 31, 1979..To each subsequent installment
when due shall be added interest for one (1) year on
all unpaid installments.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such property,
with interest accrued to the date of payment, to the
City Treasurer, except that no interest shall be charged
if the entire assessment is paid on or before
October 10, 1979. The owner may thereafter pay
to the County Treasurer the installment and
interest in process of collection on the current
tax list, and he may pay the remaining principal
balance of the assessment to the City Treasurer.
Such payment must be made before November 15 or
interest will be charged through December 31 of the
next succeeding year.
4. 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 assess-
ment shall be collected and paid over in the same
manner as other municipal taxes.
Adopted by the City Council of the City of Lake Elmo
this 31 day of July , 1979.
Thomas G. Armstrong, Mayor
ATTEST:
4t'� Cr , Atv-4-e-'-
Laurence E. Whittaker
City Administrator
-2-
R-79-33
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION CALLING FOR A PUBLIC HEARING ON
THE FEASIBILITY OF PROPOSED IMPROVEMENTS IN
THE IRVIN COURT SUBWATERSHED.
WHEREAS, the City Council of the City of Lake Elmo
has received a report prepared by Toltz, King, Duvall, Anderson
& Associates, with reference to the proposed improvement of the
Irvin Court Subwatershed;
NOW, THEREFORE BE IT RESOLVED, by the City Council of
the City of Lake Elmo, Minnesota, as follows:
1. The City Council will consider the improvement of
such drainage system in accordance with the report submitted
by Toltz, King, Duvall, Anderson & Associates, and the assess-
ment of contributing and benefited property for a portion of
the cost of the improvement pursuant to Minnesota Statutes
Chapter 429 at an estimated total cost of the improvement of
$8,000.00.
2. A public hearing shall be held on such proposed
improvement on the 31st day of July, 1979, in the Lake Elmo
Elementary School in the City of Lake Elmo, at 7:30 p.m., to
consider the feasibility of the proposed improvement and pro-
posed assessment; and at such time and place all persons own-
ing property affected by such improvement shall be given an
opportunity to be heard with reference to said improvement and
said assessment.
3. The City Clerk shall give mailed and published
notice of such hearing on improvement as is required by law.
Adopted by the City Council of the City of Lake Elmo
on this 17thday of July , 1979.
T omas G. Armstrong, Mayor 14
Attest:
Laurence E. Whittaker
City Administrator
R-79-32b
aff-04]1li�i3A
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ACCEPTING IMPROVEMENT AND CALLING FOR
HEARING ON ASSESSMENTS FOR THE IMPROVEMENT OF FIRST
STREET AND IMMANUAL AVENUE.
WHEREAS, the City Council of the City of Lake Elmo has
previously directed the City Administrator to prepare a proposed
assessment roll for the cost of improving First Street and
Immanual Avenue; and
WHEREAS, the City Administrator has notified the Ccuncil
that such a proposed assessment roll has been completed and
filed in his office for public inspection; and
WHEREAS, the said improvements were completed in accordance
with the plans and specifications therefore and have been approved
by the City Engineer:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lake Elmo:
1. That the improvement as approved by the City Engineer be,
and the same is hereby accepted.
2. That a hearing shall be held on Tuesday, July 31, 1979,
at 7:00 o'clock p.m. in the Lake Elmo Elementary School
to pass on such proposed assessment; at such time and
place all persons owning property affected by such
improvement will be given an opportunity to be heard
with reference to the assessment.
3. The City Administrator is hereby directed to cause a
Notice of Hearing on the proposed assessment to be published
in the official newspaper and mailed to the owner of
each parcel described in the assessment roll in the time
and manner prescribed by law. Said Notice shall be in
substantially the form annexed hereto as Exhibit A.
Adopted by the City Council this 3 day of July, 1979.
-b
Thomas G. Armstrong, Mayor Vi
ATTEST:
�ALC
Laurence E. Whittaker
City Administrator
R--79--32a
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESO°I-A
A RESOLUTION DECLARING COST TO BE ASSESSED.
WHEREAS, a Contract has previously been left for the
improvement of First Street and Immanual Avenue and the contract
price for this improvement together with the expenses incurred
or to be incurred in the making of such improvement to $ _23, 000.00 ,
the same being the total cost of the improvement; and
WHEREAS, the City will pay no part of these costs but
will assess One Hundred percent (100%) thereof against the
benefited property:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo as follows:
1. The cost of said improvement to be specially assessed
is hereby declared to be $23,000.00 .
2. The City Administrator, having heretofore prepared
an assessment role calculating the proper amount. of
the above cost to be specially assessed for such
improvement against every assessable lot, piece or
parcel of land within the di -strict affected, without
regard to cash valuation, as provided by law, said
assessment role is hereby accepted.
Adopted by the City Council this 3_ day of July, 1979.
Thomas G. rmstrong, Mayor
ATTEST.
V _
Laurence E. Whittaker
City Administrator
NOTICE OF HEARING ON
PROPOSED ASSESSMENT
STREVP 111D'ORVEPUNTS -
FIRST STREET AND IMMAN[J1�IC,
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
TO WHOM IT MAY CONCERN; Notice is hereby given that the City Council of the
City of Lake Elmo, will meet at the Lake Elmo Elementary School, in the City of
Laake Elmo, Minnesota, to conduct a hearing at 7:00 o'clock p.m, on Tuesday, July 31,
1979, to consider the proposed assessment for the following street improvements:
The improvement of .First Street and Immanuel Avenue by grading,
installation of gravel base, bituminous surface and bituminous curb
and a short section of storm sewer to carry run-off to the low area
North of the Ease end of First Street.
The total cost of said improvements is $22906.04.
AREA PROPOS, TO DE ASSESSED: Ube area proposed to be assessed for such im-
provements is every lot, piece or parcel of land within the City abutting the streets
on which said improvements are located® based on benefits received, without retard
to cash valuation.
The proposed assessment roll is on file for public inspection in the office
of the City Clerk.
A0111ORITY: The Coimoil proposes to proceed under the authority (wanted by
Chapter 429 Minnesota Statutes.
Such persons as desire to be heard with reference to the proposed assessment
will be heard at this meeting.
Written or oral objections will be considered at the hearing.
An owner may appeal an assessment to the District Court pursuant to Minnesota
Statues Section 429.081 by serving Notice of Appeal on the Mayor or Clerk of the
municipality within twenty (20) days after the adoption of the assessment and filing
such notice with the District Court within ten (10) days after service upon the
1'iayor or Clerk.
Dated: .July 5, 1979
3Y ORD113Z OF THE CITY COUNCIL
Laurence E. Whittaker
City Administrator
... ABC,
rn3+To
TO: Affected Citizens
FRI Larry 4dtittaker
1yr: .July 5P 1979
! Jim SW area Street Improvement (First and Immanuel) Assessments
The above mentioned improvement project was carried out in 1978 after a petition
from the adjacent property owners, There was agreement among these property owners
and the City Council that only certain lots would be assessed; and that parts of
Certain lots would not be assessed — either because the land adjacent to the road
was unbuildablep or because certain parts of the properties would not benefit,
iho coats for the project were:
Twin City testing $ 50.00
Tower Asphalt 20,346.90
Leif 333.50
I:]agineering 1,717"2�
$22,447.69
;he total Assessable front footage is 1078.10 feet
Total root divided by total assessable feet = $20.82 per assessable foot
PROPOSRO AS SE23MENT.
Parcel —
Assessable feet
Assessment
37032-2650
100 ft.
$ 20082.00
37033-3400
250 ft.
50205.00
-3200
100 ft.
20082.00
-3250
100 ft.
2.082.00
-3300
192,50
4,OO7.85 l
-2800
245 ft.
5000.90 2
-3000
20.60
1,886.29 3
1078.10 ft.
$2207.04
I The Council and property owners agreed at the project hearing (a) that
side lot frontage would be assessed at half front footage
2 Only the buildable frontage on this lot was assessed
3 `Phis property's principal access of off the frontage road; so the lot
was assessed as a side lot frontage only
The Council has to decide what a reasonable assessment period should be; and what
rate of interest to charge on the balance of the assessment. It is common to let
street improvements go 10 years at 8M.
If the assessment roster is acceptable after the hearing; the Council will adopt
the Resolution setting the assessments.
R-79-31
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING PREPARATION OF ASSESSMENT
ROLLS WITH RESPECT TO SURFACE WATER CONTROL
PROJECT III AND ORDERING HEARING THEREON
WHEREAS, The City Council of the City of Lake Elmo has
completed that certain public improvement project designated
as Surface Water Control Project III as ordered by the City
Council August 1, 1978, and
WHEREAS, The City Council ordered said improvement
pursuant to the provisions of Chapter 429 of the Minnesota
Statutes in order that the cost of said improvement might be
assessed against the property benefited thereby; and
WHEREAS, The City Council has considered the recommendation
of its assessment review committee and its Consulting Engineer
with respect to the benefits received by each lot, piece or
parcel of land affected by the said project:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo as follows:
1. It is hereby determined that the City of Lake Elmo
shall pay no part of the cost of said project, except such
amount as it may pay, if any, as property owner because the
City of Lake Elmo has heretofore paid out of general revenue
substantial costs relating to surface water control for the
benefit of the same properties prior to the initiation of the
said project.
2. It is hereby determined that the cost of said improve-
ment to be specially assessed is declared to be $32,968.68.
3. That the City Clerk, with the assistance of the City
Engineer, is hereby directed to complete the assessment rolls
in accordance with the proposals presented to the Council which
assessment rolls shall provide for the payment of the amount
to be specially assessed against each assessable lot, piece or parcel
( of land, without regard to cash valuation, in accordance with
the provisions of Section 429.051 of the Minnesota Statutes
and other applicable law, over a period of one (1) year with
interest at the rate of eight (8%) percent per annum. The
said assessment rolls shall be completed by the Clerk and
Engineer and filed in the office of the City Clerk and be open
to public inspection at least two (2) weeks prior to July 31, 1979.
4. A hearing shall be held on the 31st day of July, 1979,
in the Lake Elmo Elementary School in the City of Lake Elmo
at 8:00 o'clock p.m. to pass on the proposed assessment and at
such time and place all persons owning property affected by such
improvement shall be given an opportunity to be heard with
reference to said assessment.
5. The City Clerk is hereby directed to cause notice
of the hearing on the proposed assessment to be given according
to law, in substantially the form annexed hereto as Exhibit "A".
Adopted by the City Council this Ird_ day of July, 1979.
ATTEST:
Laurence E. Whittaker
City Administrator
Thomas G. Armstrong, Mayor
-2-
R-79- 30
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING THE FEES FOR LICENSES AND
PERMITS REQUIRED BY THE 1978 MUNICIPAL CODE OF THE
CITY OF LAKE ELMO.
WHEREAS, the City Council of the City of Lake Elmo adopted
the 1978 Municipal Code of Lake Elmo December 19, 1978; and
WHEREAS, the 1978 Municipal Code of Lake Elmo requires
certain fees for licenses, permits and registrations be established
from time to time by Resolution; and
WHEREAS, the fees for assessment searches are too low;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo that:
1. The Dog registration fees be as follows:
a. All dogs not in kennel - $6.00 biennial
b. All dogs in kennel - $5.00 biennial
C. Neutered dog - $5.00
2. The fee for coin operated machines shall be $10.00
3. The fee for cigarette sales shall $12.00
4. Licenses for certain occupations shall be $25.00
5. The fee of a license to sell guns shall be $10.00
6. The fee for a permit to operate an outdoor target
range shall be $50.00
7. Liquor license fees shall be as follows:
a. On -sale intoxicating liquor -- $1,000.00
b. Club on -sale intoxicating liquor - $100.00
C. On -sale Sunday intoxicating liquor - $200.00
d. Off -sale intoxicating liquor - $100.00
e. On -sale non -intoxicating malt liquor - $100.00
f. Off -sale non -intoxicating malt liquor - $100.00
g. Transfer of liquor license - $100.00
S. The fees required by Section 502, Building Code .fees,
shall be:
a. Building permits -- the State fee structure
b. Building permit plan review - $15.00 or 100 of the
permit fee, whichever is greater
C. Plumbing permits - $5.50 plus $2.00 per fixture
d. Excavation and grading - $25.50
e. Well and well pump permits - $15.50
f. Individual sewer systems permits - $25.50
g. Heating system permits - $25.50
h. Air conditioning permits - $25.50
9. The fees for water meters shall be $15.00 plus cost
of meter and reader
10. The fees for the reader only will be $10.00 plus cost
11. The fees for subdivisions shall be as follows:
a. Minor - $50.00 plus pass -through
b. Variances - $50.00 plus pass -through unless a part
of subdivision application
C. Major - $100.00 plus pass -through with escrow for
all consulting fees
d. Special Use Permits - $25.00 for all but advertising
signs; $7.50 for signs
BE IT FURTHER RESOLVED by the City Council of the City of
Lake Elmo that the fees for Assessment searches shall be $5.00.
ADOPTED this 19 day of June , 1979, by the City Council
of the City of Lake Elmo, Washington County, Minnesota.
Thomas G. Armstrong, Mayor
ATTEST:
�JbLU_L�_
Laurence E. Whittaker
City Administrator
-2-
R 79-29
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 1978 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
THEREFORE, BE IT RESOLVED, that Iiuff n Puff Days,
August 17 to 19, officially are designated a civic
celebration in the City of Lake Elmo.
Adopted by the City Council this 19th day of
June, 1979.
" ✓t
Thomas Armstrong, Mayor
Est: (_
Laurence E. Whittaker
City City Administrator
R79-28
R E; S 0 L U 'T' I O N
CITY OF LAKE ELMO
WA iHINGTON COUNTY, MINNE:SOTA
A RESOLUTION ORDERING IN'E'ERFUND AUDIT ADJUS:I'MF.NTS
WHEREAS, the firm of DeLaHUnt Vote & Co., Ltd., Certified Public
Accountants, examined the financial statements of the City of
Lake- Elmo for the year ending December 31, 1978; and
WHEREAS, the Council of the City of Lake Elmo accepted the resulting
audit report submitted by DeLaHunt Voto & Co., Ltd.; and
WHEREAS, DeLaHun't Voto & Co., Ltd. made certain recommendations in
their audit report;
NOW, THEREFORE, IE IT RESOLVED, that the City Council of the City of
Lake Elmo, County of Washington, State of Minnesota, authorized the
following Interfund Audit Adjustments:
FUND
General Rind
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
rlood Control -
Agency
Totals
Adopted this the lst day of May,1979
ATTEST:
Laurence E. PINxtaak"cr., CTe
DUE FROM DUE TO
OTHER FUNDS OTHER FUNDS
$ 1,504.17 $ 9,294.80
7,540.03
1.,374.33
1.48.89
1.75.34
163.48
289.G8
1,504.1.7
1.10.57
_293.00 _
S 11,.1.99.22 Q 1.1,199.12
SIGNED:
Thomas G. Armstrong, Mayor
R79-27
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION PROCLAIMING THE WEEK OF MAY 27
THROUGH JUNE 2, 1979, "BICYCLE SAFETY WEEK"
IN THE CITY OF LAKE ELMO
WHEREAS, the Lake Elmo Jaycees are sponsoring "Bicycle
Safety Week: and a Travelers Bicycle Rodeo the week of May 27
through June 2, 1979; and,
WHEREAS, the Jaycees desire to raise the awareness of
the adult community as to what their stake is in bicycle safety;
and,
WHEREAS, the Deputy Sheriffs and the City Council desire
to promote and encourage awareness of and caution around bicycles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO THAT:
The Week of May 27 through June 2, 1979, be proclaimed
„Bicycle Safety Week".
ADOPTED, this the lst day of May, 1979, by the City Council
of the City of Lake Elmo, Washington County, Minnesota.
Signed:
Thomas G. Armstrong, Mayor
Of -
ATTEST:
�cLUUAJLV� 4
Laurence E. Whittaker, City Administrator
h
P- 7 '� - -2
Lake -Elmo City Council
Lake Elmo City Hall
Lake Elmo, MN 55042
Our beautiful Minnesota
Also approaching Is the time
young citizens will be taking
their bicycleso
summer is rapidly approaching.
of year when Lake Elmo's
to the cities roadways on
Accompanying summer, and the increase in bicycle traffic,
Is a very real potential for tragedy®
Current statistics indicate that approximately 1000
deaths a year result from bicycle accidents. Safety experts
estimate the one million injuries a year, with more than
400,000 serious enough to warrant emergency room treatment®
result from bicycle related mishaps.
Co help promote bicycle safety in Lake Elmo, the Lake
Elmo Jaycees will be sponsoring a Travelers Bicycle Rodeo
on June 2, 1979. In conjunction with the Bicycle Rodeo we
request that the Lake Elmo City Council pass a resolution
proclaiming "Bicycle Safety Week" the week of May 27 through
June 29 1979, in Lake Elmo®
We feel that this will help raise the awareness in the
adult community of Lake Elmo, as to what their stake is
(our community's children) and what their contribution means
to bicycle safety.
We thank you for your time and interest in thip matter,
and we hope that you will act favorably on this request.
Sincerely®
Lake Elmo Jaycee Bi elcle Safety
Project Committee
John Hughes, Chairman
NO, 2 0 1918
R 79-26
RESOLUTION
CITY OF LAKE ELMO
WASHINGT'ON COUNTY, MINNESOTA
A RESOLUTION REPEALING RESOLUTIONS 78-52 and 78-53; AND THE PETITIONS
FOR PROJECTS 1003 and 1004 FOR, SURFACE WATER MANAGEMENTS IMPROVEMENTS
WHEREAS, the City of Lake Elmo urges prompt, temporary and/or permanent
improvements in surface water structures and outlets; and authorized petitions
for said projects in Resolutions 78-52 and 78-53; and
WHEREAS, the Valley Branch Watershed District Board of Managers appears
to be disposed to permanent long range improvements; and,
WHEREAS, all the improvements proposed to date are entirely too expensive
considering the degree of the problem and the benefits of the solutions proposed;
and,
WHEREAS, some of the Managers have indicated they would be reluctant
to approve any project short of a permanent long—range solution because of the
difficulty of future assessments for subsequent projects; and,
WHEREAS, the City of Lake Elmo merely seeks to remedy the existing
problems with the minimum capital investment; and does not desire to solve all
the potential problems the City may suffer in the future;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake
Elmo that:
1. The City of Lake Elmo hereby repeals Resolutions 78-52 and 78-53; and
2. The City of Lake Elmo hereby withdraws its petitions for Projects 1003
and 1004.
ADOPTED this the 12 day of April, 1979, by the City Council of the City
of Lake Elmo.
SIGNED:
T-,k-� ,� J , -2
Thomas G. Armstrong, Mayor 01
ATTEST:
Laurence E. Whittaker, Administrator
R- 79- 25
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING VARIANCE TO ROBERT A. STEINDORFF.
WHEREAS, Robert A. Steindorff has made application from
the provisions of the City Subdivision and Zoning Ordinances to
permit construction of a single famioy residential dwelling on
the following described real estate located in the City of Lake
Elmo, Washington County, Minnesota:
All that part of Government Lot 1, Section 24, Township
29, Range 21, described as follows, to -wit: Beginning at
a point on the North line of said Section, said point
being 773.5 feet West of the Northwest corner of the
Northeast Quarter (NE4) of said section; running thence
South on a line parallel with the North and South quarter
section line of said section 1320 feet; thence East 373.5
feet; thence North on a line parallel with said North and
South quarter section line 1320 feet to its intersection with
said North line of said Section; thence West along the
North line of said section 373.5 feet to the point of
beginning, containing 11.07 acres, more or less; subject
to the rights of the public to use the public highway that
now exists over and across the North 33 feet of said tract.
Except therefrom the following described tract, to -wit:
The West 334 feet of the East 753.5 feet of the North
262.05 feet of said Government Lot 1.
The area of this tract is 9.29 acres, more or less.
Subject to a roadway easement over the .west 20.00 feet
thereof.
Also, subject to a roadway easement over the east 19.50
feet of the north 262.05 feet thereof; and
WHEREAS, it appears that a variance is necessary since
the above -described real estate does not meet the minimum requirement
of 125 feet of frontage on a public street; and
WHEREAS, it appears that the above -described land became
a separate'parcel of record on December 6, 1962 by reason of an
instrument of conveyance recorded in Book 253 of Deeds, page 135; and
WHEREAS, it appears that the subdivision of said land into
a separate parcel on or before December 6, 1962, was permitted by
the 1:1-ton applicable zoning and subdivision ordinances of the
Village of Lake Elmo; and
WHEREAS, there does not appear to be any reason related to
public health, safety and welfare which would require, denial of
a permit to build a single family residential dwelling on said
lot; and
WHEREAS, the City Planning Commission considered the proposed
variance on March 26, 1979 and recommended the approval thereof
subject to certain conditions hereinafter set forth:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lake Elmo as follows:
1. The application of Robert A. Steindorff for variance from
the provisions of the subdivision and zoning ordinance requiring
125 feet of frontage on a public street is, hereby, granted subject
to the following conditions:
(a) The above described parcel shall be used as a single
building site for one single family residential dwelling and
shall not be further subdivided t without City approval..
(b) The acceptance of this resolution by Villas of
the St. Croix valley, Inc., a Minnesota corporation (grantee
of the said applicant, Robert A. Steindorff) and its consent
to the conditions imposed hereby shall be endorsed hereon.
(c) A certified copy of this Resolution along with such
endorsement by the applicant shall be recorded with the County
Recorder of Washington County, Minnesota.
2. No building permit shall be issued for the construction
of a residence on said land until a certificate of survey prepared
by a registered land surveyor shall have been filed with the City
Administrator.
Adopted by the City Council of the City of Lake Elmo this
3rd day of April, 1979.
7. ;6EW�7 G. Armstrong,
ATTEST:
'wad IWLG��
f.,.-,n,.e E. Whittaker.
City Administrator
As owner of the land above -described, I hereby accept the
variance granted by this Resolution on the conditions granted
... 2-
therein and consent to those conditions. I specifically
consent to the recording of a certified,copy of the foregoing
Resolution with this endorsement in the office of the County
Recorder, Washington County, Minnesota.
Dated: April 24, 1979 r Villas of the St. Croix Valley, Inc.
By
` ��d
Robert A. Steindorff, Presiden
-3-
R 79-24
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY ATTORNEY
TO DRAFT A PETITION TO THE COURT ASKING FOR DISSOLUTION OF
THE CHARTER COMMISSION FOR THE CITY OF
LAKE EIMO
WHEREAS, the citizens of Lake Elmo petitioned the District Court for
a Charter Commission in 1974; and,
WHEREAS, said Commission was established on July 5, 1974; and,
WHEREAS, said Commission drafted a Charter and brought it to a vote
of the citizens of the City of Lake Elmo; and,
WHEREAS, the citizens of Lake Elmo twice voted to reject the proposed
Charter on April 27, 1976, and November 2, 1976; and,
WHEREAS, many of the goals of the Charter Commission have been met
through legislative action of the City Council; and,
WHEREAS, the Commission has been relatively inactive for the past several
years;
V
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake
Elmo that:
1. It is the will of the City Council to abolish the Charter Commission;
and to allocate the resources reserved for said Commission to other functions
in the General Fund; and,
2. The City Council hereby authorizes and instructs the City Attorney
to petition the District Court for the dissolution of the Home Rule Charter
Commission for the City of Lake Elmo.
ADOPTED this the 3rd day of April, 1979, by the City Council of the
City of Lake Elmo, Washington. County, Minnesota.
SIGNED:
Thomas G. Armstrong, Mayor
ATTEST:
Laurence E. Whittaker, Administrator
E
R79--23
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING TWO BOCCE BALL SETS
WHEREAS, the City of Lake Elmo would like to develop
several Bocce Ball playing areas; and,
WHEREAS, the City of Lake Elmo has requested but never
received Bocce Ball sets from the State of Minnesota; and,
WHEREAS, the League of Minnesota Cities is now admin-
istering the State program for distribution of free Bocce Ball
sets;
NOW, THEREFORE, BE IT RESOLVED, by the Citv Council of
the City of Lake Elmo that the Administrator be authorized to
request two sets of Bocce Balls for the Park Department of the
City of Lake Elmo
ADOPTED, this the 3rd. day of April, 1979, by the City
Council of the City of Lake Elmo, Washington County, Minnesota.
Signed:
Thomas G. Armstrong, Mayor
A est:
Laurence E. Whittaker
City Administrator
STATE OF MINNESOTA )
COUNTY OF WASHINGTON) ss.
CITY OF LAKE ELMO )
I hereby certify that I have compared the attached copy of Resolution
R79-23 with the original thereof in the records of my office and I find
said copy to be a true, correct and complete copy of the Resolution
adopted April 3, 1979, by the City Council, City of Lake Elmo.
Dated:
(seal)
Laurence E. Whittaker,
City Administrator
R 79-22
RESOLUTION
CITY OF LAKE ELMO
WASIIINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING A SPECIAL ASSESSMENT
FUND FOR ALL FLOOD CONTROL ASSESSMENT PROJECTS
WIiEREAS, the firm of DeLaliunt Voto & Co., Ltd.,
Certified Public Accountants, examined the financial state-
ment of the City of Lake Elmo for the year ending December
31, 1977; and,
WI3EREAS, the Council of the City of. Lake Elmo ac-
cepted the resulting audit report submitted by DeLaIunt Voto
& Co., Ltd.; and,
WI3EREAS, DeLaliunt Voto & Co., Ltd. recommended the
City establish a Special Assessment Fund for all flood assess-
ment projects on page four of the comments of said audit; and,
WHEREAS, the establishment of said fund is,necessary
to improve control and understanding of the transactions in
this account for the year ending December. 31, 1.978.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo, that:
1. The City Council hereby authorizes and orders the
establishment of a Special Assessment Fund .for all flood assess-
ment projects; and,
2. The City Council hereby authorizes and orders the
transfer of all assets and liabilities in the flood assessment
accounts of the General Fund to the Special Assessment Fund for
the year ending December 31, 1978.
ADOPTED, this the 3rd, day of .Ikpril, 1979, by the City
Council of the City of Lake Elmo, Washington County, Minnesota.
Signed:
h� G.-Armstrong, Mayor —�-
Attest:
Laurence E. Whittaker
City Administrator
R 79-•21
RESOLUTION
CITY. OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING A TRUST AND AGENCY FUND
FOR PASS -THROUGH CHARGES AND RECEIPTS
WHEREAS, THE FIRM OF DeLaHunt Voto & Co., Ltd., Certi-
fied 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. recommended the
City establish a Trust and Agency Account for all "pass -through"
costs on page three of the comments of said audit; and,
WHEREAS, the establishment of said fund is necessary to
improve control and understanding of the transactions in this
account for the year ending December 31, 1978;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo that:
1. The City Council hereby authorizes and orders the
establishment of. a Trust and Agency Fund for. all "pass -through"
charges and receipts; and,
2. The City Council hereby authorizes and orders the
transfer of all assets and liabilities in the pass -through account
of the General Fund effective for the year ending December 31,
1978, to the Trust and Agency Fund.
ADOPTED this the 3rd. day of April, 1979, by the City
Council of the City of Lake Elmo, Washington County, Minnesota.
Signed: ,2
TEomas Arm�t %�
Armstrong, Mayor
Attest:
Laurence E. Whittaker
City Administrator
R 79-20
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE FINAL PLAT OF TRI-STAR ADDITION
WHEREAS, the City Council of the City of Lake Elmo has
previously considered and approved the preliminary plat of
Tri-Star Addition; and,
WHEREAS, the applicant had now presented to the City a
final plat which conforms to the approved preliminary plat
and meets with the requirements of the City subdivision or-
dinance;
NOW, THEREFORE, BE IT RESOLVED, that the City Council
does hereby approve and accept the final plat of TRI-STAR
ADDITION as is on file with the City Administrator, subject
to the following conditions:
1. The Mayor and City Administrator shall not sign the
final plat until the applicant deposits $800.00 into an
escrow account with the City for review of the plans and
specifications for public improvements; and the plans and
specifications are approved by the City Engineer.
2. The applicant shall enter into a Development Agree-
ment as required by the City subdivision ordinance, pro-
viding for the construction of all streets and related im-
provements 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 has been determined by the City Council; and shall be
$55,000.00 (Fifty-five thousand dollars).
3. The applicant shall deposit $2,404.2.0 (Two thousand
four hundred and four dollars and twenty cents) in lieu of
dedication land for public open space or other public pur-
poses, with the City Administrator.
4. The applicant shall file with the City Administrator
a Certificate of Survey prepared by a registered land sur-
veyor describing and certifying the location of a temporary
cul-de-sac at the easterly end of 59th. street. A deed or
other instrument of conveyance approved by the City Attorney
dedicating the land so described shall be delivered to the
City in proper form for recording.
ADOPTED this the 20th, day of March, 1979, by the City
Council, City of Lake Elmo.
Siq ed:
Thomas G. Armstronfij,Mayor
Attest: C
\gyp C . Val 6xb
Laurence E. Whittaker, City Administrator
R79-19
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ACKNOWLEDGING JANE ROAD NORTH
WHEREAS, there is a certain public road in the City of
Lake Elmo, which has neither been established by plat or by
dedication as a public road, but has become public by virtue
of use and public maintenance for a period in excess of six
(6) years, pursuant to Minnesota Statutes Sec. 160,05, and
WHEREAS, it is in the public interest that the existence
of this road as a public road be made a matter of public
record,
NOW, THCREFORR,.BE IT RESOLVED, that thg following
described roadway, commonly known as Jane Road North, is
acknowledged to be a public road.
A. public road 66 feet in width, the Southerly and
Westerly line of which is described as follows;
Beginning at the Northwest corner of Lot One (1)
of Bersrhens Shores, according to the plat thereof
on file and of record in the office of the Register
of Deeds of Washington County, Minnesota, which
point of beginning is also on the West line of
Government Lot Two (2), Section Ten (10), Township
Twenty-nine (29) North; Range Twenty-one (21) West,
Washington County, Minnesota; thence Southeasterly
and Southerly along the Northerly and Easterly lines
of. Lots One (1) through Eighteen (18) of said plat
of Berschens Shores to the junction with Jane Road
North and there terminating.
Adopt this the 12th day of March, 1979
hommas G. Armstrong, Mayor
At est-
Laurence E, Whittaker, Administrator
I, Laurence E. Whittaker, the Clerk Administrator of the ,City of
Lake Elmo, Washington County, Minnesota, do hereby certify that• the
foregoing is a true and,correct copy of a resolution adopted by the
City Council on _ �, 1979, as extracted from the
minutes of a meeting of the City Council held that date.
R79-18
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION OF PARTICIPATION IN MINNESOTA CITIES WEEK
WHEREAS, February 26 through March 2 has been proclaimed as
Minnesota Cities Week by the Governor of the State of Minnesota;
and
WHEREAS, city governments offer the hest opportunity for most
Minnesota citizens to take an active part in the political pro-
cesses which so profoundly influence their lives; and
WHEREAS, the recognition of the significance of city govern-
ment by designation of a city government week will provide an
opportunity to promote even greater citizen understanding and
involvement; and
WHEREAS, designation of a special week for recognition of
city government will provide opportunities for greater under-
standing of the role of cities in relation to other units of
local, regional and state government by governmental officers
and employees:
NOW THEREFORE IT IS HEREBY RESOLVED, that the city council of
City of Lake Elmo officially recognizes Minnesota Cities Week
and commits this city to such promotional and other city week
activities as the Council shall herewith and hereafter direct.
BE IT FURTHER DIRECTED, that copies of this resolution be
provided to Governor Albert 13. Ouie, the League of Minnesota
Cities and the official newspaper as well as other local news
media.
Adopted by the city council of theCity of Lake Elmo this
6th day of February, 1979.
City erIT Mayor
R79-17
RESOLUTION
CITY OF LAKE ELMO
( WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING LIMITED PARKING
ON LAKE ELMO AVENUE, C.S.A.H. 17.
WHEREAS, there is limited parking space available in
the Lake Elmo Shopping Area; and,
WHEREAS, parking for essential services is sometimes
unavailable because of extended hour parking by non -shoppers
on Lake Elmo Avenue;
NOW, THEREFORE, BE IT RESOLVED by the City Council of.
the City of Lake Elmo that:
1, That the City of Lake Elmo request Washington
County approved limited parking on Lake Elmo
Avenue to wit:
A. 15 minute parking in front of the w
U.S, Post office, and, 3,(0'��
B. One hour parking on the balance of east sideY
Lake Elmo Avenue from Upper. 33rd. St.
to 35th. Street North,
2. The City of Lake Elmo request that Washington
County post signs indicating restricting park-
ing in said areas.
Adopted this the 6th, day of February, 1979, by the Lake
Elmo City Council.
Thomas G�Y`Arznstronq, Mayo
ATTEST:
taw
Laurexice.E. W it a er
City Administrator
STATE OF MINNESOTA )
COUNTY OF WASHINGTON) ss
CITY OF LAKE ELMO )
I hereby certify that I have compared the attached copy of
Resolution R79-17 with the original thereof in the records of
my office and I find said copy to be a true, correct, and complete
copy of the Resolution adopted February 6, 1979, by the City
Council, City of Lake Elmo.
Dated. Laurence E, a i.tta er, C3'i y �idministra
(seal)
R79-16
RESOLUTION
CITY OF LAKE ELMO
WASIiINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING THE 1978-79 LOCAL
PLANNING ASSISTANCE ENTITLEMENT AND AUTHOR-
IZING THE MAYOR TO EXECUTE THE SECOND AMEND-
MENT TO THE GRANT AGREEMENT BETWEEN THE METRO-
POLITAN COUNCIL AND THE CITY OF LAKE ELMO, ON
BEHALF OF THE CITY,
WHEREAS, the City of Lake Elmo requested additional
local planning assistance entitlement funds appropriated
by Minnesota Laws 1977, Chapter 455, Section 19, Sub-
division 3, for preparation of its comprehensive plan
required by the Metropolitan Land Planning Act; and,
WHEREAS, The Metropolitan Council has awarded $3,997
in 1978-79 entitlement.£und to the City of Lake.Elmo, to
bring the total of Local Planning Assistance funds to
$11,249.00.; and,
WHEREAS, the Metropolitan Council requires the City
adopt a Resolution requesting said entitlement funds and
authorizing the Mayor to sign the grant agreement;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Lake Elmo;
THAT, the City of Lake Elmo requests the 1978-79 en-
titlement of Local Planning Assistance Funds; and,
THAT, Thomas G. Armstrong, Mayor, is hereby authorized
to execute the Second Amendment to Grant Agreement Between
the Metropolitan Council and the City of Lake Elmo, on be-
half of the City of. Lake Elmo.
Adopted this the 6th day of February, 1979.
Acting Mayor
ATTEST:
Laurence E. whittar "
City Administrator.
t
�_ LAKE ELMO JAYCEE WOMEN
�o-rA
P,0, BOX 81 LAKE ELMO, MINNESOTA 55042
7A`(CEE
s,'AOMEN R79-15
WhEREAS, The Minnesota Jaycee Women have promoted community service in
Minnesota communities for over 27 yearsg and
WHEREAS, The Minnesota Jaycee Women is an organization of over 4,000
women in over 260 Minnesota communities, and
WHEREAS, The Minnesota Jaycee Women shall set aside the week of
February 11 - 17 to educate the community in the areas of
on -going projects in Aid to Retarded Citizens, Accent on Youth,
Alcohol Abuse, Medical health, leukemia Research, Todayis Woman
and Community Service; and
WHEREAS, The Minnesota Jaycee Women provides individual development to
tomorrow+s leaders; and
WHOREAS, Their Creed states IyMay we leave the world a better ,place
because we Jived and served within it._;
i do hereby proclaim the week of February 11 - 17, 1979
Minnesota Jaycee Women Week in bake Elmo.
Signed
February fi�, 1979
l® - Date
R-79 14
RESOLUTION
CITY OF LAKE ELMO
WASI3INGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING VALLEY BRANCH WATER-
SHED TO UNDERTARE TEMPORARY FLOOD CONTROL
MEASURES FOR THE NORTHWEST PORTION OF THE
VALLEY BRANCH WATERSHED DISTRICT.
WHEREAS, the City of Lake Elmo has on 3 occasions pumped
floodwaters from the Northwest section of the Valle.y Branch
Watershed District at the expense of the residents"Of Lake
Elmo only; and,
WHEREAS, existing lake levels, ground water conditions,
and snow cover in the area indicate emergency pumping may
again be necessary in the Spring of 1979; and,
WHEREAS, permanent measures to alleviate this problem
failed to be ordered by the Board of Managers, Valley Branch
WWatershed District; and,
WHEREAS, a over 60% part of the watershed tributory to
Lake Jane is out side the corporate limits of the City of
Lake Elmo;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of.
the City of Lake Elmo as follows:
1. The City Council requests that the Valley Branch
Watershed District take appropriate action to provide tem-
porary relief from the flooding in the Northwest portion of
the Valley Branch Watershed District watershed during Spring
of 1979 and thereafter, This flooding ultimately results in
damage within the City of Lake Elmo,
2. The Valley Branch Watershed District and the State
Department of Natural Resources are hereby notified that the
City of Lake Elmo considers the emergency pumping of Lake Jane
to be a minimum necessary to protect the health and safety of
the Lake Elmo residents in the Lake Jane Area.
A
3. That the City Council, by this Resolution and the
petition for said project hereby authorized, requests that
the Valley Branch Watershed District proceed, with ally% oth
temporary flood control projects as they deem necessary to
prevent future flood damage in the City of Lake Elmo frpm
flood water in the Northwest area and to levy or access the
cost thereof, in a fair_ and equitable manner throughnnt';thn
entire Northwest portion Watershed District, based on con-
sideration of benefits received by any particular property ,
and the constitution to the flood problems caused by the
present or potential use of various properties within that
district.
oc c
r ..
rc
R79-14
4. That a copy of this Resolution be delivered forth-
with to the Chairman and Secretary of the Valley Branch
Watershed District.
Adopted by the City Council of the City of Lake Elmo
this the 6th day of February, 1979.
rrancis J. Po Acting „ayor
r'
Attest: , /J
durence .G. WHltta erC r ACC lnistrator
R79-13
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A SPECIAL USE
PERMIT TO CONSTRUCT AND MAINTAIN A
REAL ESTATE IDENTIFICATION SIGN IN
DEMONTREVILLE HIGHLANDS, 6TH ADDITION
WHEREAS, the Derrick Land Company has requested a
Special Use Permit .for a real estate identification sign;
and,
WHEREAS, the Planning Commission, after notifying all
property owners within 350 feet of the proposed site, hold-
ing a public hearing January 2.2, 1979; and recommending that
a Special Use Permit be granted subject to the following con-
ditions: (1). Sign remains not over two (2) years, (2).Limit
the size of the sign to 81x241, (3). Meet the requirements
of the Model Zoning, on Pg. 99, paragraph g and Pg. 140,
paragraph Q.
WHEREAS, the applicant appeared before the City Council
February 6, 1979, at which time the City Council. considered
the application and the recommendati.on.•of the Planning Com-
mission; 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,
Derrick Land Company, is hereby granted a Special Use Permit
for a real estate identification sign in Demontreville High-
lands, 6th. Addition, subject to the following conditions:
1. The sign be no larger than 8'x241;
2.. It be a non -illuminated sign;
3. It be removed at the end of two years; and if
not removed by the owner, be removed by the City
and charged back to the owner; and,
4. That it meet all. the other conditions of. the
Zoning Ordinance relating to signs;
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 Administrator.
R79-I3
2L'6'�� "b". --
Thomas G. Armstronq, Mayor
At est:
ty Vim"
Laurence F, W itta er, Administrator
Roger D•.,r'Derrick, Presiden
DerrickL'Land Company
r
RESOLUTION
CITY OF l Ru E rmmo
WASHXNCTON COUNTY, MINNBSOTA
A RESOLUTION CRANTINC TRAN;>PrR OP A
:SPECIAL USE PERMIT FOR PIF'RRrS AUTO
BODY SHOP TO DVS AUTO BODY HOP,
R79-12
WHEREAS, Dave Schumann has requested the transfer of a
Special. Use Permit for a Auto Body Shop from Clarence Pie.rreeir.
to Dave Schumann..
WHEREAS, thie applicantappearrad before the city council
February 6, 1979, at wh1ch time the City Council considered
the application.for transfer; and,
F7IIF;REAS, the City Council has determined that the use pro-
posed by the applicant will not be detrimental to they health,
safety, morals or general welfare of the community, nor will
it cause~ serious traffic bonr,estion or hazards, nor will. it
seriously depreciate the surrounding property values, provider]
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.
'"le '1'11ETlsF'ORE:, BE IT RESOLVPD, that the applicant, DJ'S
Auf'b Body Shope formerly Herres Auto Body Shop, is hereby
granted a special Use Permit to operate an auto body shop at
891.0 Hudson Blvd., subject to the following conditions, limita-
tions and r.•estrictiona-
1. The applicant submit: a revised sketch plan showing
location of buildings, parking areas for employees
and vehicles to be serviced, lighting, fence,screen-
ing, landscaping, property with respect to highwayas
:and legal descriptions
2. The operation is subject to a maximum of six czars
under repair at any one time,
3. The ,applicant provides 12 parking places, 2 for
employses, 6 for cars under repair, 4 for customerrsi
4. Hours of operation will be 7 a.m. to 7 p,m., maximums
>. The applicant provide towing services only for purposes
of repair, not as a service independent of repairs
6. The permit be subject to annual renewals
7. The permit is void if transferred or leased;
0. The applicant must apply for a separate Special.
Use Permit for as sign,
9. Said permit: shall not: he effective until thie same
has been endorsed by the applicant and approved by
the City Attorney and the original thereof filed
with the City Administrator.
1.0. Any additions to the buildings: or facilities herein
approved be treated as an amendment to this Special
Use Permit.
R79-12
Adoleted by the City Council this the bah day of
F ebruerye 1979.
�r Mayor
d
A ,l fists
r rence a. t�za7ccer, a=orator
7-7
ve UmanaraA'4-ncr
D. j ° s Auto nody Shona
Original Resolution in Lake Elmo Hardwood Bond Book
BOND RESOLUTION
$820,000
INDUSTRIAL DEVELOPMENT REVENUE NOTE,
(LAKE ELMO HARDWOOD LUMBER, INC., PROJECT)
CITY OF LAKE ELMO
ADOPTED: FEBRUARY 61 1979
(This table of contents is not a part of this
Resolution, but is included for convenience only)
TABLE OF CONTENTS
Page
ARTICLE ONE -
DEFINITIONS,
LEGAL AUTHORIZATION
AND
FINDINGS
1
Section
1-1.
Definitions
1
Section
1-2.
Legal Authorization
4
Section
1-3.
Findings
4
Section
1-4.
Authorization and Ratification
of Project
5
ARTICLE TWO -
NOTE
6
Section
2-1.
Authorized Amount and Form
of Tax Exempt Note
6
Section
2-2.
The Initial Tax Exempt Note
14
Section
2-3.
Execution_
14
Section
2-4.
Delivery of Initial Tax Exempt
Note
14
Section
2-5.
Issuance of New Tax Exempt -Notes—
15
Section
2-6.
Registration of Transfer
15
Section
2-7.
Mutilated, Lost or Destroyed
Tax Exempt Note
15
Section
2-8.
Ownership of Tax Exempt Note
16
Section
2-9.
Limitation on Tax Exempt Note
Transfers
16
ARTICLE THREE
- REDEMPTION OF NOTE BEFORE MATURITY_
17
Section
3-1.
Redemption
17
Section
3-2.
Termination of Interest
17
ARTICLE FOUR
- GENERAL COVENANTS
18
Section
4-1.
Payment of Principal and
Interest
18
Section
4-2.
Performance of and Authority
for Covenants
18
Section
4-3.
Enforcement and Performance
of Covenants
18
Section
4-4.
Nature of Security
19
Paqe
ARTICLE FIVE
- MISCELLANOUES
20
Section
5-1.
Severability
20
Section
5-2.
Authentication of Transcript
20
Section
5-3.
Registration of Resolution
20
Section
5-4.
Authorization to Execute
Agreemen
20
SIGNATURES 21
BOND RESOLUTION
BE IT RESOLVED by the City Council of the City of
Lake Elmo, Minnesota, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1-1. Definitions.
The terms used herein,, unless the context hereof
shall require otherwise shall have the following meanings, and
any other terms defined in the Loan Agreement shall have the
same meanings when used herein as assigned to them in the Loan
Agreement unless the context or use thereof indicates another
or different meaning or intent.
(1) Act: the Minnesota Municipal Industrial Development
Act, Minnesota Statutes, Chapter 474, as amended;
( (2) Assignment of Loan Agreement: the agreement to be
executed by the City And the Lender assigning the Loan
Agreement to the Lender;
(3) Bond Counsel: the firm of Briggs and Morgan, Pro-
fessional Association, of of St. Paul, Minnesota, and any opinion
of Bond Counsel shall be a written opinion signed by such
Counsel;
(4) City: the City of Lake Elmo, Minnesota, its
successors and assigns;
(5) Company: Lake Elmo Hardwood Lumber, Inc., its
successors and assigns, and any surviving, resulting or
transferee corporation which may assume its obligations in
accordance with the provisions of the Loan Agreement;
(6) Disbursing Agreement: the Disbursing Agreement to
be executed by the City, the Company and the Lender relating
to construction of the Improvements and payment of Project
Costs,
(7) Event of Default: any of the events described in
Section 6.01 of the Loan Agreement;
(8) Existing Facility: the existing hardwood lumber
manufacturing facilities of the Company located on the Land
and any other building, improvement, fixtures, and personal
property located on the Land as of the date of this Resolution
and used in the business operations of the Company;
(9) Guaranty Agreement: a Guaranty Agreement to be
executed by Joseph D. Rogers, individually, Sylvan Products,
Inc., a Minnesota corporation ("Sylvan") and to be delivered
to the Lender which relates to a guarantee of repayment of all
amounts due under both the Tax Exempt Note and all
indebtedness of the Company to the Lender (including the
"Promissory Notes" as that term is defined in the Loan
Agreement); (Sylvan and Joseph D. Rogers shall collectively
sometimes hereinafter be referred to as the "Guarantors");
(10) Improvements: the expanded waste disposal and
lumber drying building, including related pollution control
facilities, additions to the Existing Facilities and other
improvements, including fixtures and personal property, to be
constructed by Company on the Land in accordance with the
Plans and Specifications;
(11) Land: the real estate described in Exhibit A
attached to the Loan Agreement on which the Existing Facility
r is located and on which the Project is to be located;
(12) Lender: Mid America National Bank of Roseville,
Roseville, Minnesota, its successors and assigns;
(13) Loan Agreement: the agreement to be executed by the
City and the Company, providing for the loan of construction
funds to the Company including any amendments or supplements
thereto made in accordance with its provisions;
(14) Mortgage: the Mortgage to be executed by the
Company as mortgagor, to the Lender as Mortgagee, providing
for the mortgaging of the Project and the Existing Facilities
to secure payment of the Tax Exempt Note and interest thereon;
(15) Note Register: the records kept by the City
Administrator to provide for the registration of transfer of
ownership of the Tax Exempt Note;
(16) Plans and Specifications: the plans and specifi-
cations for the construction of the Improvements on the
Project Premises, which are approved by the Lender, together
with such modifications thereof and additions thereto as are
reasonably determined by the Borrowers to be necessary or
desirable for the completion of the Improvements and are
approved by the Lender;
2
(17) Principal Balance: so much of the principal sum on
the Tax Exempt Note as from time to time may have been
advanced to or for the benefit of the City and remains unpaid;
(18) Project: the Land and the Improvements as they may
at any time exist;
(19) Resolution: this Resolution of the City adopted
February 6, 1979 pursuant to which the Tax Exempt Note is
authorized to be issued, together with any supplement or
amendment thereto; and all references in this instrument to
designated "Articles," "Sections" and other subdivisions are
to the designated Articles, Sections and subdivisions of this
instrument as originally executed. The words "herein,"
"hereof" and "hereunder" and other words of similar import
refer to this Resolution as a whole not to any particular
Article, Section or subdivision;
(20) Tax Exempt Note: the Industrial Development Revenue
Note (Lake Elmo Hardwood Lumber, Inc. Project) to be issued by
the City pursuant to this Resolution, to evidence the loan of.
$820,000 made by Lender to the Citv;
(21) Company Security Agreement: the Security Agreement
to be executed by the Company pursuant to which the Company
will grant a security interest to the Lender in and to the
Company Equipment to secure repayment of the Tax Exempt Note
and any and all indebtedness of the Company to the Lender
(including the "Promissory Notes");
(22) Sylvan Security Agreement: the Security Agreement
executed by Sylvan pursuant to which Sylvan has granted a
security interest to the Lender in and to the Sylvan to secure
repayment of the Tax Exempt Note and any and all indebtedness
of the Company to the Lender (including the "Promissory
Notes");
(23) Parity Agreement: The Parity Lien Agreement between
the Mortgagor and the Mortgagee making the lien of the
Mortgage equal and ratable with the lien of the Existing
Mortgage and the contemporaneous Mortgages (as the latter
terms are defined in such Agreement);
(24) Company Equipment: "Company Equipment" means (i)
all items of equipment, machinery, inventory, furniture,
goods, leasehold improvements, accounts receivable, general
intangibles, chattel paper, documents, instruments, motor
vehicles, fixtures, trademarks, tradenames, patents and
related personal property now owned or hereafter acquired by
the Company;
3
(25) Sylvan Equipment: all machinery, equipment,
inventory, accounts receivable, chattel paper, general
intangibles, documents, instruments, furniture, fixtures,
leasehold improvements, motor vehicles, trademarks,
tradenames, patents and goods now owned or hereafter acquired
by Sylvan.
1-2. Legal Authorization.
The City is a political subdivision of the State of
Minnesota and is authorized under the Act to initiate the
revenue producing project herein referred to, and to issue and
sell bonds in the form of the Tax Exempt Note for the purpose,
in the manner and upon the terms and conditions set forth in
the Act and in this Resolution.
1-3. Findings.
The City Council has heretofore determined, and does
hereby determine, as follows:
(1) the City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
(2) The City has made the necessary arrangements with
the Company for the establishment within the City of a Project
consisting of certain property all as more fully described in
the Loan Agreement with the Company and which will be of the
character and accomplish the purposes provided by the Act, and
the City has by this Resolution authorized the Project and
execution of the Committment Letter, the Loan Agreement,
Assignment of Loan Agreement, Tax Exempt Note and Disbursing
Loan Agreement, specifying the terms and conditions of the
construction and financing of the Improvements to be included
in the Project;
(3) in authorizing the Project the City's purpose is,
and in its judgment the effect thereof will be, to promote the
public welfare by: the encouragement and promotion of
economically sound development and additional employment
opportunities for residents of the City and surrounding area;
and the Project has been approved by the Commissioner of
Economic Development of the State of Minnesota as tending to
further the purposes and policies of the Act;
(4) the amount estimated to be necessary to finance the
Project Costs, including the costs and estimated costs per-
mitted by Section 474.05 of the Act, will require the issu-
ance of the Tax Exempt Note in the aggregate principal amount
of $820,000 as hereinafter provided;
9
(5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Tax Exempt Note
for the purpose of financing the Improvements to the Project;
(6) the Tax Exempt Note and the interest accruing
thereon do not constitute an indebtedness of the City within
the meaning of any constitutional or statutory limitation and
do not constitute or give rise to a pecuniary liability or a
charge against the general credit or taxing powers of the City
and neither the full faith and credit nor the taxing powers of
the City is pledged for the payment of the Tax Exempt Note or
interest thereon; and
(7) the Project has been and under the terms of the Loan
Agreement is required during the term of the Loan Agreement to
continue to be used exclusively for nonsectarian purposes.
1-4. Authorization and Ratification of Project.
The City has heretofore and does hereby authorize
the Company, in accordance with the provisions of Section
474.03(6) of the Act and subject to the terms and conditions
set forth in the Disbursing Agreement, to provide for the ,
construction of the Improvements included in the Project under
the Plans and Specifications by such means as shall be
available to the Company and in the manner determined by the
Company and without advertisement for bids as may be required
for the construction and acquisition of any other municipal
facilities; and the City hereby ratifies, affirms, and
approves all actions heretofore taken by the Company
consistent with and in anticipation of such authority and in
compliance with the Plans and Specifications.
5
ARTICLE TWO
TAX EXEMPT NOTE
2-1. Authorized Amount and Form of Tax Exempt Note.
The Tax Exempt Note issued pursuant to this Resolu-
tion shall be in substantially the form set forth herein, with
such appropriate variations, omissions and insertions as are
permitted or required by this Resolution, and in accordance
with the further provisions of this Article; and the total
principal amount of the Tax Exempt Note that may be outstand-
ing hereunder is expressly limited to $820,000 unless a
duplicate Tax Exempt Note is issued pursuant to Section 2-7.
Said Tax Exempt Note shall be in substantially the following
form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
Industrial Development Revenue Note
(Lake Elmo Hardwood Lumber, Inc. Project)
Dated:
$820,000
FOR VALUE RECEIVED the City of Lake Elmo, (the
"City"), Washington County, Minnesotah, hereby promises to pay
to the order of Mid America National Bank of Roseville (the
"Lender"), Roseville, Minnesota, or registered assigns, from
the source and in the manner hereinafter provided, the
principal sum of EIGHT HUNDRED TWENTY THOUSAND DOLLARS
($820,000), or so much thereof as may have been advanced to or
for the benefit of the City and remains unpaid from time to
time (the "Principal Balance"), with interest thereon at the
rate of eight and twenty-five hundredths percent (8.25%) per
annum, in any coin or currency which at the time or times of
payment is legal tender for the payment of public or private
debts in the United States of America, and in accordance with
the terms hereinafter set forth.
1. From and after the date hereof and until the
"Amortization Date" (February 1, 1980), the City shall pay
interest only upon the Principal Balance at the rate of eight
and twenty-five hundredths percent (8.25%) per annum. Said
interest shall accrue from and after the date of each and
every advance so made under this Note and shall be payable on
the first day of the calendar month next succeeding the date
upon which the first advance is made, and on the first day of
each and every month thereafter.
2.- From and after the Amortization Date, the full
principal amount (regardless of whether that amount has been
advanced to the Company pursuant to the Disbursing Agreement)
of this Note shall be amortized and paid in 348 equal monthly
installments of Dollars ($ )
each,'payable on the first day of each month commencing on the
first day of the calendar month next succeeding the
Amortization Date and continuing until such full principal
amount and accrued interest thereon shall have been paid (the
"Final Maturity Date"). Payments shall be applied first to
interest due on the Principal balance and thereafter to
reduction of the Principal Balance, provided that in all
events this Note will be due and payable in full on the day
preceding thirty years from the date of this Note.
7
3. Interest shall be computed on the basis of a 30
day month and a 360 day year, but charged for the actual
number of days principal is unpaid.
4. If the holder should not receive on the first
day of any month all of the principal and interest then due on
this Note, and if the City should continue to be in arrears
through the fifteenth day of such month, then, in addition to
all other sums due hereunder, the holder shall be entitled to
receive on the sixteenth day of such month a service charge
equal to five percent (5.00%) of the delinquent principal and
interest.
5. Principal and interest and any penalty or
premium due hereunder shall be payable at the principal office
of the holder hereof, or at such other place as the holder may
designate in writing.
6. This Note is issued by the City to provide funds
for a Project, as defined in Section 474.02, Subdivision la,
Minnesota Statutes, consisting of the acquisition of real
estate, and the construction and installation of hardwood
lumber manufacturing facilities thereon, under a Loan Agree-
ment (the "Loan Agreement"), of even date herewith, between
the City and Lake Elmo Hardwood Lumber, Inc., (the "Company"),
a Minnesota corporation, and this Note is further issued
pursuant to and in full compliance with the Constitution and
laws of the State of Minnesota, particularly Chapter 474,
Minnesota Statutes, and pursuant to resolution of the City
Council duly adopted on February 6, 1979 (the "Resolution").
7. This Note is secured by an Assignment of the
Loan Agreement by the City to the Lender ("Assignment"); a
mortgage of even date herewith executed by the Company, as
mortgagor, in favor of the Lender, as mortgagee ("Mortgage");
a security agreement of even date herewith executed by the
Company in favor of the Lender ("Company Security Agreement");
a security agreement of even date herewith executed by Sylvan
Products, Inc., a Minnesota corporation ("Sylvan"), and
delivered to the Lender ("Sylvan Security Agreement"), a
guaranty executed by Sylvan and by Joseph D. Rogers,
individually, in favor of the Lender ("Guaranty Agreement");
two Assignments of Life Insurance Policies each dated August
28, 1972 on the life of Joseph D. Rogers, policies No
64-2446477 and 64-2462093, respectively, issued by Lincoln
National Life Insurance Company ("Assignment of Life
Insurance") and by an assignment of rents and leases of even
date herewith executed by the Company in favor of the Lender
A
("Assignment of Rents"). The disbursement of proceeds of the
( loan covered by this Note is subject to the terms and
conditions of the Disbursing Agreement between the Lender, the
City and the Company ("Disbursing Agreement").
8 The holder may extend the times of payment of
interest and/or principal of or any penalty or premium due on
this Note, without notice to or consent of any party liable
hereon and without releasing any such party.
9. If the interest on this Note should become
subject to federal or Minnesota state income taxation pursuant
to a "Determination of Taxability" (as that term is defined in
Section 5.03 of the Loan Agreement), upon receipt by the
Borrower from the Lender or any other holder(s) hereof of
notice of the "Determination of Taxability," either (a) the
Company shall elect in writing within 30 days thereafter to
prepay without penalty all, but not less than all, of the then
outstanding Principal Balance of the Note plus accrued
interest and costs of the Lender in connection with such
prepayment; or (b) the interest rate shall be immediately
increased to eleven percent (11%) per annum, and each monthly
installment thereafter payable shall be accordingly increased
to amortize the remaining Principal Balance by.the-Final
Maturity Date with interest at said increased rate; and in
addition the holder hereof shall be entitled to receive an
amount equal to--the-aggregate differences between (i) the
monthly payments theretofore made to the Holder hereof between
the "Date of Taxability" (as that term is defined in the Loan
Agreement) and the effective date of the rate increase and
(ii) the monthly payments which would have been made during
such period if the increased rate had been in effect during
such period; all as provided in Section 5.03 of the Loan
Agreement.
10. In addition to prepayment under paragraph 9
above, this Note is subject to prepayment, without a penalty,
in whole or in part, upon the occurrence of certain events of
damage, destruction or condemnation to the Project, as
specified in the Loan Agreement and Resolution.
11. All or any part of the principal of this Note is
further subject to prepayment, without penalty, on any
installment payment date. Partial prepayments shall be
applied first to accrued interest with the balance applied to
installments of principal in the inverse order of their
maturity.
W
12. No prepayment which does not result in the
entire Principal Balance and interest thereon and any
applicable prepayment premium being paid in full shall reduce
the amount of the monthly payments due hereunder pursuant to
paragraph 2 hereof, which payments shall continue until the
entire Principal Balance and accrued interest thereon has been
paid. Notice of prepayment of this Note in whole or in part
shall be given in accordance wtih the terms of the Loan
Agreement.
13. As provided in the Resolution and subject to
certain limitations set forth therein, this Note is
transferable upon the books of the City at the office of the
City Clerk, by the holder hereof in person or by his attorney
duly authorized in writing, at the holder's expense, upon
surrender hereof together with a written instrument of
transfer satisfactory to the City Clerk, duly executed by the
holder or his duly authorized attorney. Upon such transfer
the City Clerk will note the date of registration and name and
address of the new registered holder in the registration blank
appearing below. Alternatively, the City will at the request
of the holder and at the holder's expense issue new notes in
aggregate principal amount equal to the unpaid Principal
Balance of this Note, and of like tenor except as to number,
principal amount, and the amount of the monthly installments
payable thereunder, and registered in the name of the holder
or such transferee as may be designated by the holder. The
City may deem and treat the person in whose name the Note is
last registered upon the books of the City, with such
registration noted on the Note, as the absolute owner hereof,
whether or not overdue, for the purpose of receiving payment
of or on account of the Principal Balance, redemption price or
interest and for all other purposes, and all such payments so
made to the holder or upon his order shall be valid and
effectual to satisfy and discharge the liability upon the Note
to the extent of the sum or sums so paid, and the City shall
not be affected by any notice to the contrary.
14. All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution, the
Assignment, the Mortgage, the Loan Agreement, the Disbursing
Agreement, the Company Security Agreement, the Sylvan Security
Agreement and the Assignment of Rents are hereby made a part
of this Note to the same extent and with the same force and
effect as if they were fully set forth herein.
15. This Note and interest thereon and any penalty
or premium due hereunder do not constitute a debt of the City
within the meaning of any constitutional or statutory
limitation, are not payable from or a charge upon any funds
10
other than the revenue pledged to the payment thereof, and do
not give rise to a pecuniary liability of the City nor, to the
extent permitted by law, of any of its officers, agents or
employees, and no holder of this Note shall ever have the
right to compel any exercise of the taxing power of the City
to pay this Note or the interest thereon, or to enforce
payment theron, or to enforce payment thereof against any
property of the City, and this Note does not constitute a
charge, lien or encumbrance, legal or equitable, upon any
property of the City and the agreement of the City to perform
or cause the performance of the convenants and other provis-
ions herein referred to shall be subject at all times to the
availability of revenues or other funds furnished for such
purpose in accordance with the Loan Agreement, sufficient to
pay all costs of such performance or the enforcement thereof.
16. It is agreed that time is of the essence of this
Note. In the event of failure by the City to pay any monthly
installment of principal or interest or any premium or penalty
due hereunder, or if an Event of Default shall occur, as
defined in the Loan Agreement, then the holder of this Note
shall have the right and option to declare, without notice,
all of the remaining indebtedness of unpaid principal and
accured interest, evidenced by this Note, immediately due and
payable. Failure to exercise such option at any time shall
not constitute a waiver of the right to exercise the same at
any subsequent time.
17. The remedies of the holder, as provided herein
and the Assignment, the Mortgage, Loan Agreement, Disbursing
Agreement, the Company Security Agreement, the Sylvan Security
Agreement, the Guaranty Agreement, the Assignment of Life
Insurance and the Assignment of Rents shall be cumulative and
concurrent and may be pursued singly, successively or
together, at the sole discretion of the holder, and may be
exercised as often as occasion therefor shall occur; and the
failure to exercise any such remedy shall in no event be
construed as a waiver or release thereof.
18. The holder shall not be deemed, by any act of
omission or comission, to have waived any of its rights or
remedies hereunder unless such waiver is in writing and signed
by the holder and, then only to the extent specifically set
forth in the writing. A waiver with reference to one event
shall not be construed as continuing or as a bar to or waiver
of any right or remedy as to a subsequent event.
19. The Note has been issued without registration
under state or other securities laws, pursuant to an exemption
11
for such issuance under which the Lender and other institu-
tions participating in the loan have agreed to hold their
interest for investment and without a view to distribution;
and accordingly the Note may not be assigned or transferred in
whole or part, nor may a participation interest in the Note be
given pursuant to any participation agreement, except in ac-
cordance with applicable registration requirements or an
applicable exemption from such registration requirements.
IT IS HEREBY CERTIFIED AND RECITED that all condi-
tions, acts and things required to exist, happen and be
performed precedent to or in the issuance of this Revenue Note
do exist, have happened and have been performed in regular and
due form as required by law.
IN WITNESS WHEREOF, the City has caused this Note to
be duly executed in its name by the manual signatures,of the
Mayor and City Administrator and the corporate seal to be
affixed thereto, and has caused this Note to be dated February
_,, 1979.
CITY OF LAKE ELMO, MINNESOTA
By
Mayor
Countersigned
City Administrator
12
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid Principal Balance of
this Note and the interest accruing thereon is registered on
the books of the City of Lake Elmo in the name of the holder
last noted below.
Date of Name of Signature of
Registration Registered Owner City Clerk
Mid America National
Bank of Roseville
13
2-2. The Initial Tax Exempt Note.
The Tax Exempt Note shall be payable at the times
and in the manner, shall bear interest at the rate, and shall
be subject to such other terms and conditions as are set forth
therein.
2-3. Execution.
The Tax Exempt Note shall be executed on behalf of
the City by the signatures of its Mayor and City Administrator
and shall be sealed with the seal of the City. In case any
officer whose signature shall appear on the Tax Exempt Note
shall cease to be such officer before the delivery of the Tax
Exempt Note, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if he had remained in
office until delivery.
2-4. Delivery of Initial Tax Exempt Note.
Before delivery of the Tax Exempt Note of this issue
there shall be filed with the City Administrator the following
items:
(1) (A) an original of the Loan Agreement and Assign-
ment of the same;
(B) an original of the Mortgage with evidence to
establish that the same has been recorded in the office of the
County Recorder of Washington County, Minnesota;
(C) an original of the Disbursing Agreement,
Guaranty Agreement and Assignment of Life Insurance Agreement
as described in the Note;
(D) an original of the Assignment of Leases and
Rents;
(2) an opinion of Counsel or title insurance indicating
that the Company has good and marketable title to the premises
described in Exhibit A, free and clear of all liens and
encumbrances except encumbrances approved by the Lender;
(3) an opinion of Counsel for the Company in scope and
substance reasonably satisfactory to Bond Counsel as to the
authority of the Company to enter into the Loan Agreement,
Mortgage, Disbursing Agreement, Guaranty Agreement, Assignment
of Life Insurance Agreement, Assignment of Leases and Rents,
Company Security Agreement, Parity Agreement and other related
documents and matters;
14
(4) the manually signed opinion of Bond Counsel approv-
ing the legality of the Tax Exempt Note issued pursuant to
this Resolution;
(5) such other documents and opinions as Bond Counsel
may reasonably require for purposes of rendering its opinion
required in subsection (4) above.
Upon delivery of the Tax Exempt Note, the Lender
shall, on behalf of the City, advance funds for payment of
Project Costs upon receipt of such supporting documentation as
the Lender may deem reasonably necessary, including compliance
with the provisions of the Disbursing Agreement. The Lender
or Company shall provide the City with a full accounting of
all funds disbursed for Project Costs.
2-5. Issuance of New Tax Exempt Notes.
Subject to the provisions of Section 2-9, the City
shall, at the request and expense of the holder issue new tax
exempt notes, in aggregate outstanding principal amount equal
to that of the Tax Exempt Note surrendered, and of like tenor
except as to number, principal amount, and the amount of the
monthly installments payable thereunder, and registered in the
name of the holder or such transferee as may be designated by
the holder.
2-6. Registration of Transfer.
The City will cause to be kept at the office of the
City Administrator a Note Register in which, subject to such
reasonable regulations as it may prescribe, the City shall
provide for the registration of transfers of ownership of the
Tax Exempt Note. Said Tax Exempt Note shall be transferable
upon the Note Register by the holder thereof in person or by
its attorney duly authorized in writing, upon surrender of the
Tax Exempt Note together with a written instrument of transfer
satisfactory to the City Administrator duly executed by the
holder of its duly authorized attorney. Upon such transfer
the City Clerk shall note the date of registration and the
name and address of the new holder in the Tax Exempt Note
Register and in the registration blank appearing on the Tax
Exempt Note.
2-7. Mutilated, Lost or Destroyed Tax Exempt Note.
In case any Tax Exempt Note issued hereunder shall
become mutilated or be destroyed or lost, the City shall, if
not then prohibited by law, cause to be executed and deliver-
ed, a new Tax Exempt Note of like outstanding principal
15
amount, number and tenor in exchange and substitution for and
upon cancellation of such mutilated Tax Exempt Note, or in
lieu of and in substitution for such Tax Exempt Note destroyed
or lost, upon the holder's paying the reasonable expenses and
charges of the City in connection therewith, and in the case
of a Tax Exempt Note destroyed or lost, the filing with the
City of evidence satisfactory to the City that such Tax Exempt
Note was destroyed or lost, and furnishing the City with
indemnity satisfactory to it. If the mutilated, destroyed or
lost Tax Exempt Note has already matured or been called for
redemption in accordance with its terms it shall not be
necessary to issue a new Tax Exempt Note prior to payment.
2-8. Ownership of Tax Exempt Note.
The City may deem and treat the person in whose name
each Tax Exempt Note is last registered in the Note Register
and by notation on the Tax Exempt Note whether or not such Tax
Exempt Note shall be overdue, as the absolute owner of such
Tax Exempt Note for the purpose of receiving payment of or on
account of the Principal Balance, redemption price or interest
and for all other purposes whatsoever, and the City shall not
be affected by any notice to the contrary.
2-9. Limitation on Tax Exempt Note Transfers.
The Tax Exempt Note has been issued without
registration under state or other securities laws, pursuant to
an exemption for such issuance. The City acknowledges that
the Lender may, however and shall have the right to, sell
participation interests in the Tax Exempt Note. The Lender
covenants and agrees, however, that all such sales shall be in
accordance with all laws and regulations under which it
operates as a bank in compliance with applicable federal and
state securities laws and in such a manner, in the opinion of
counsel acceptable to the Bond Counsel, that such
participation interests in the Tax Exempt Note will not become
subject to registration or federal or state income taxes. In
the event any of Lender's participants shall require any
additional items, the City shall use all reasonable efforts to
obtain and deliver such items. All expenses incurred by the
City pursuant to this Section shall be paid or reimbursed by
the Company.
E1
ARTICLE THREE
REDEMPTION OF TAX EXEMPT NOTE BEFORE MATURITY
3-1. Redemption.
(1) In the event of (a) damage to or destruction of the
Project or Condemnation of the Project or any part thereof and
(b) restoration is not required or the Company does not elect
to restore the Project pursuant to Section 4.01 of the Mort-
gage, the Tax Exempt Note shall be subject to prepayment by
the City from funds furnished by the Company at the time, to
the extent and in the manner set forth in Section 5.01 of the
Loan Agreement.
(2) The Tax Exempt Note may be prepaid at any time, sub-
ject, however, to the provisions of the Tax Exempt Note.
3-2. Termination of Interest.
Upon deposit of the redemption price with the Mor�-
gagee and the giving of any notice required by law, the princi-
pal amounts prepaid shall, after such date, cease to bear
interest.
17
ARTICLE FOUR
GENERAL COVENANTS
4-1. Payment of Principal and Interest.
The City covenants that it will promptly pay or
cause to be paid the principal of and interest on the Tax
Exempt Note at the place, on the dates and in the manner
provided herein and in said Tax Exempt Note. The principal
and interest are payable solely from revenues and proceeds
derived from the Loan Agreement, including revenues and
proceeds derived from the Mortgage, the Company Security
Agreement, the Sylvan Security, the Assignment of Leases and
Rents, the Assignment of Life Insurance and the Guaranty
Agreement, which revenues and proceeds are hereby specifically
pledged to the payment thereof in the manner and to the extent
specified in the Tax Exempt Note and Mortgage, and nothing in
the Tax Exempt Note or in this Resolution shall be considered
as assigning, pledging or otherwise encumbering any other
funds or assets of the City.
4-2. Performance of and Authority for Covenants.
The City covenants that it will faithfully perform
( at all times any and all covenants, undertakings, stipulations
and provisions contained in this Resolution, in the Tax Exempt
Note executed, authenticated and delivered hereunder and in
all proceedings of the City Council pertaining thereto; that
it is duly authorized under the Constitution and laws of the
State of Minnesota including particularly and without
limitation the Act, to issue the Tax Exempt Note authorized
hereby, pledge the revenues and assign the Loan Agreement in
the manner and to the extent set forth in this Resolution, the
Tax Exempt Note, the Mortgage and the Assignment of Loan
Agreement; that all action on its part for the issuance of the
Tax Exempt Note and for the execution and delivery thereof has
been duly and effectively taken; and that the Tax Exempt Note
in the hands of the holder thereof is and will be a valid and
enforceable obligation of the City according to the terms
thereof.
4-3. Enforcement and Performance of Covenants.
The City agrees to enforce all covenants and obli-
gations of the Company under the Loan Agreement and Disbursing
Agreement, and to perform all covenants and other provisions
contained in the Tax Exempt Note, the Loan Agreement and the
Disbursing Agreement.
4-4. Nature of Security.
Notwithstanding anything contained in the Tax Exempt
Note, Mortgage, Loan Agreement or any other document referred
to in Section 2-4 to the contrary, under the provisions of the
Act the Tax Exempt Note may not be payable from or be a charge
upon any funds of the City other than the revenues pledged to
the payment thereof, nor shall the City be subject to any
liability thereon, nor shall the Tax Exempt Note otherwise
contribute or give rise to a pecuniary liability of the City
or, to the extent permitted by law, any of the City's offi-
cers, employees and agents. No holder of the Tax Exempt Note
shall ever have the right to compel any exercise of taxing
power of the City to pay the Tax Exempt Note or the interest
thereon, or to enforce payment thereof against any property of
the City; and the Tax Exempt Note shall not constitute a
charge, lien or encumbrance, legal or equitable, upon any
property of the City; and the Tax Exempt Note shall not consti-
tute a debt of the City within the meaning of any constitution-
al or statutory limitation; but nothing in the Act impairs the
rights of the holder of. the Tax Exempt Note to enforce the
covenants made for the security thereof as provided in this.
Resolution, the Mortgage and in the Act, and by authority of
the Act the City has made the covenants and agreements herein
for the benefit of the holder of the Tax Exempt Note; provided
that in any event, the agreement of the City to perform the
covenants and other provisions contained in the Tax Exempt
Note, the Loan Agreement and the Disbursing Agreement shall be
subject at all times to the availability of revenues under the
Loan Agreement sufficient to pay all costs of such performance
or the enforcement thereof, and the City shall not be subject
to any personal or pecuniary liability thereon.
19
ARTICLE FIVE
MISCELLANEOUS
5-1. Severability.
If any provision of this Resolution shall be held or
deemed to be or shall, in fact, be inoperative or unen-
forceable as applied in any particular case in any jurisdic-
tion or jurisdictions or in all jurisdictions or in all cases
because it conflicts with any provisions or any constitution
or statute or rule or public policy, or for any other reason,
such circumstances shall not have the effect of rendering the
provision in question inoperative or unenforceable in any
other case or circumstance, or of rendering any other pro-
vision or provisions herein contained invalid, inoperative, or
unenforceable to any extent whatever. The invalidity of any
one or more phrases, sentences, clauses or paragraphs in this
Resolution contained shall not affect the remaining portions
of this Resolution or any part thereof.
5-2. Authentication of Transcript.
The officers of the City are directed to furnish to
Bond Counsel certified copies of this Resolution and all docu-
ments referred to herein, and affidavits or certificates as to
all other matters which are reasonably necessary to evidence
the validity of the Tax Exempt Note. All such certified
copies, certificates and affidavits, including any heretofore
furnished, shall constitute recitals of the City as to the
correctness of all statements contained therein.
5-3. Registration of Resolution.
The City Administrator is authorized and directed to
cause a copy of this Resolution to be filed with the County
Auditor of Washington County, and to obtain from said County
Auditor a certificate that the Tax Exempt Note as a bond of
the City has been duly entered upon his bond register.
5-4. Authorization to Execute Agreements.
The forms of the proposed Tax Exempt Note, Loan
Agreement, Disbursing Agreement, Commitment Letter and
Assignment of Loan Agreement are hereby approved and the Mayor
and City Administrator are authorized to execute the same in
substantially the forms presented, with such changes as are in
the opinion of the City Attorney or Bond Counsel, not adverse
20
the name of and on behalf of the City and such other documents
as Bond Counsel consider appropriate in connection with the
issuance of the Tax Exempt Note. In the event of the absence
or disability of the Mayor or Administrator such officers of
the City as, in the opinion of the City Attorney, may act in
their behalf, shall without further act or authorization of
the City Council do all things and execute all instruments and
documents required to be done or executed by such absent or
disabled officials.
Adopted: February 6, 1979.
Attest:
City Administrator
Mayor of the City of Lake Elmo
21
R79-10
1 RESOLUTION
CITY OP LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION COMMENDING JANET SOVEREIGN
FOR SERVICE TO THE CITY OF LAKE ELMO AS
A MEMBER OF THE PLANNING -;ZONING COMMISSION
WHEREAS, Janet Sovereign, served the City of Lake Elmo
as a member of the Planning -Zoning Commission from 1973 to
1978, and,
WHEREAS, the City Council of the City of Lake Elmo
wishes to express its appreciation for her untiring efforts
on behalf of. the City of Lake Elmo;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of,
the City of Lake Elmo;
THAT, Janet Sovereign be and is hereby commended for her
effort on behalf of the City of Lake Elmo; and,
THAT, this City Council award a "Certificate of Appreciation"
to Janet Sovereign for her devotion to the concerns of the City
from 1973 to 1978.
Adopted this the 16th day of January, 1979, by the City Council,
City of Lake Elmo.
TI 0 S . �ARRMSTR Nam`,
ATTEST:
LAU ENCE E. WHIT KER, A INIfTRATOR
R79-9
RESOLUTION
CITY OF LAKE EI.MO
WASSHINGTON COUNTY, MINNESOTA
A RESOLUTION COMMENDING DONALD MERSIKOMER
FOR SERVICE TO THE CITY OF LAKE ELMO AS A
CITY CLERK.
WHEREAS, Donald Mehsikomer, served the City of Lake Elmo
as City Clerk from January 1, 1959 to December 31, 19781 and,
WHEREAS, the City Council of the City of Lake Elmo wishes
to express it appreciation for his untiring efforts on behalf
of the City of Lake Elmo;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lake Elmo:
THAT, Donald Mehsikomer be and is hereby commended for his
effort on behalf of the City of Lake Elmo, and,
THAT, this City Council award a "Certificate of Appreciation"
to Donald Mehsikomer for his devotion to the concerns of the
City from January 1, 1959 to December 31, 1978.
Adopted this the 16th day of January, 1979, by the City Council,
City of Lake Elmo.
�Cyilli R ST O ry, A 0 V
ATTEST:
U NCE E. HITiTTR,T�7Xr-)fffN—T R pR
R79-8
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION COMMENDING LLOYD SHERVHEIM
"FOR SERVICE TO THE CITY OF LAKE ELMO AS
A MEMBER OF THE HOME RULE CHARTER COMMISSION
AND A MEMBER OF THE CITY COUNCIL.
WHEREAS, Lloyd Shervheim, served the City of Lake Elmo
as a member of the Home Rule Charter Commission and a member
of the City Council from 1970 to 1978; and,
WHEREAS, the City Council of the City of Lake Elmo
wishes to express its appreciation for his untiring efforts
on behalf of the City of Lake Elmo;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo;
THAT, Lloyd Shervheim be and is hereby commended for his
effort on behalf of the City of Lake Elmo; and,
THAT, this City Council award a "Certificate of Appreciation"
to Lloyd Shervheim for his devotion to the concerns of the
City from 1970 to 1978.
Adopted this the 16th, day of January, 1979, by the City
Council, City of Lake Elmo.
THO. S G. ARMS BONG, Y0
ATTEST:
LAU ENCE E. WHITTAKER, ADMINISTRATOR
R79-7
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION COMMENDING DOROTHY HAMMES LYONS
FOR SERVICE TO THE CITY OF LAKE ELMO, AS A
MEMBER OF TIIE PLANNING -ZONING COMMISSION AND
A MEMBER OF TIIE CITY COUNCIL.
WHEREAS, Dorothy Hammes Lyons, served the City of Lake Elmo
as a member of the Planning -Zoning Commission from 1972 to 1975
and a member of the City Council 3.975 to 1978.
WHEREAS, THE City Council
express its appreciation for
the City of Lake Elmo,;
of the City of Lake Elmo wishes to
her untiring efforts on behalil of
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lake Elmo;
THAT, Dorothy Hammes Lyons be and is hereby commended for
her effort on behalf of the City of Lake Elmo; and,
THAT, this City Council award a "Certificate of Appreciation"
to Dorothy Hammes Lyons for her devotion to the concerns of the
City from 1972 to 1978.
Adopted this the 16th, day of January, 1979, by the City Council,
City of Lake Elmo.
TIiOMAS G. ARMSTRONG, IdAYOR
ATTEST:
iAUR: CE E. WHIT Me- INPSTIATOR
R79-6
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION COMMENDING EDWARD G. WESTPHAL
FOR SERVICE TO THE CITY OF LAKE ELMO AS
WASHINGTON COUNTY SS'ERIFF
WHEREAS, Edward G. Westphal. has served the City of
Lake Elmo, as Washington County Sheriff, from January 1.
1970 to December 31, 1978, and as a member of the Washing-
ton County Sheriff's Department from August 16, 1955 until.
December 31, 1978: and,
WNEREAS.;, Edward G. Westphal has personally and through
his position as Washington County Sheriff promoted respect
for the law, a positive approach to law enforcement, and
community appreciation for law enforcement efforts; anal,`
WHEREAS, Edward G. Westphal has the respect and ad-
miration of the citizens of the City of Lake Elmo;
NOWy, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo that Edward G. Westphal be and is
hereby commended for his untiring devotion to the duties
of the Sheriff's office; and,
BE IT FURTHER RESOLVED, that this Councilexpresses
the appreciation of the City of Lake Elmo for Mr. Westphal's
contribution to and efforts on behalf of this City.
Adopted this the 16th day of January, 1979, by the City
Council, City of Lake Elmo,
homas G. Armstrong, Mayor
Attest: �9
t vu l C G�ttkE
Laurence E, Nitta erO hc�ministrator
R 79-5
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION OF THE CITY OF LAKE ELMO
APPROVING PLANS FOR INTERSTATE IIIGHWAY 94
(SO-CALLED "SOUTHERN ROUTE") SUBJECT TO
CERTAIN CONDITIONS AND ACCEPTING OF OWN-
ERSHIP AND MAINTENANCE RESPONSIBILITY FOR
FRONTAGE ROADS AND BICYCLE TRAILS.
WHEREAS, the Commissioner of the Department of Trans-
portation 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 approves
of the revised interchange design at County
Road 13 in Lake Elmo, providing for a collapsed
diamond on the northease corner of its inter-
section with I-94.
(2) The City of Lake Elmo hereby supports the
City of Woodbury's request for a continuous de-
tached frontage road between County,Road 13 and
County Road 19. _
(3) The approval hereby given to said plan is
subject to the State acquiring sufficient right-
of-way to provide a safe intersection of the
future extension of the detached frontage road
from County Road 13 to County Road 19.
R79-5
(4) The approval hereby given to said plan
is subject to and conditioned upon the bicycle
trail described in those plans being relocated
and constructed within the State right-of-way
or along an arterial highway of the Cit_y's
choosing, or being eliminated in Lake Elmo.
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 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
16th. day of January, 1979.
THOMAS G. ARMSTRONG, MAYOR
ATTEST:
r j
LAURENCE E. WHITTAKER,
ADMINISTRATOR
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF LAKE ELMO
I hereby certify that I have compared the attached copy of
Resolution R79-5 with the original thereof in the records of
my office and I find said copy to be a true, correct and complete
copy of the Resolution adopted January 16, 1979, by the City
Council, City of Lake Elmo.
Laurence E. LP1 ittaker, CFty Administrator
Dated:
(seal)
R-79- 4A
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING RECONVEYANCE OF TAX -FORFEIT LAND
WHEREAS, Larry Parsons has requested that the City reconvey
the following described land to 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 the 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:
All that part of the SW4 of SW4 of Section 9, Township
29, Range 21 except the South 111.7 feet of the West
493 feet and except that part thereof lying North of
the Lake Jane Trail (formerly Lake Jane Road) in the
Township of East Oakdale.
(Property No. 36-37009-2050).
Adopted by the City Council of the City of Lake Elmo this
16th day of January, 1979.
Thomas G. Armstrong, Mayor
ATTEST:
Laurence E. Whittaker, City Administrator
R79-4
AGREEMENT NO. ETA
CITY OR COUNTY OF
ENTERED
R E S O L U T I O N
BE IT RESOLVED, That pursuant to Section 161.39, Subdivision 1
through 6, Minnesota Statutes, 1978, the City Engineer
for and on behalf of the City of Lake Elmo
is hereby authorized to request and obtain from the Minnesota
Department of Transportation, needed engineering and technical
services for which payment will be made by the City upon receipt
of verified claims from the Commissioner of Transportation.
This authority is to remain effective until recinded by either
party.
12gms G Armstrona.Mayor
T omI" G. Armstrong, Mayor
AT ST:
Whif--tnker _
Laurence E. W ittalcer
City Administrator
STATE OF MINNESOTA )
OOUNTY OF WASI3INGTON) SS.
CITY OF LAKE ELMO )
I hereby certify that I have compared the attached copy of,
Resolution R79-4 with the original thereof in the records of
my office and I find said copy to be a true, correct and complete
copy of the Resolution adopted January 16, 1979, by the City
Council, City of Lake Elmo.
Laurence E. W 1tta er, City Adm.
Dated:
(seal)
R79-3
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION COMMENDING HALE FUERSTENBERG
AND GARY SWANSON FOR EXCEPTIONAL SERVICE
TO THE CITY OF LAKE ELMO
WHEREAS, Dale Fuerstenberg and Gary Swanson provide
professional law enforcement and peace keeping services to
the City of Lake Elmo as Deputy Sheriffs; and
WHEREAS, Dale Fuerstenberg and Gary Swanson have also
repeatedly demonstrated a sincere interest in the welfare,
education and special problems of the City and its residents;
and,
WHEREAS, Dale Fuerstenberg and Gary Swanson are always
willing to assist the City Council, City Administrator, City
Attorney, and the residents of the City, in understanding and
dealing with their unique concerns or community problems;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of LakeElmo:
THAT, Dale Fuerstenberg and Gary Swanson are hereby commend-
ed for their untiring effort and devotion to the interests of the
community; and,
THAT, Dale Fuerstenberg and Gary Swanson are hereby awarded
a "Certificate of Appreciation" by the City of Lake Elmo.
ADOPTED, this the 2nd day of January, 1979, by the City Council,
City of Lake Elmo, Washington County, Minnesota.
THOMAS G. ARMSTRONG, MAYOR
AT EST:
r
,{,.{7 4l. j}
LAURENCE E. WHITTAKE , ADMINISTRATOR
R79-2
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council of the City of
Lake Elmo, Minnesota that the streets hereinafter described
should be designated as municipal state aid streets under the
provisions of Minnesota laws of 1967, Chapter 162.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elmo, County of Washington, State of Minnesota that
the roads described as follows to wit:
M.S.A. No.
Street
From
To
101
33rd Street
Klondike Avenue
CSAH
17
101
Klondike Avenue
T.H. #212
33rd.
Street
102
Lake Jane Trail
Ideal Avenue
42nd.
Street
102
42nd. Street
Lake Jane Trail
Jamaca
Avenue
103
Jamaca Avenue
45th Street
T.H.
#212
104
45th Street
Jamaca Avenue
Julep
Avenue
104
Julep Avenue
45th Street
47th
Street
104
47th Street
Julep Avenue
Kimbro
Avenue
104
Kimbro Avenue
47th Street
50th
Street
104
50th Street
Kimbro Street
CSAH
17
105
Keats Avenue
47th Street
T.H.
36
106
Upper 33rd Street
CSAH 17
Laverne
Avenue
106
Laverne Avenue
Upper 33rd Street
T.H.
#212
107
20th Street
CSAH #15
CSAH
417
108
30th Street
CSAH #15
CSAH
#17
109
31st. Street
CSAH #6
T.H.
#212
BE, AND HEREBY ARE established, located, and designated as
municipal State Aid Streets of said City subject to the approval
of the Commissioner of Highways of the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby author-
ized and directed to forward two certified copies of this resolution
to the Commissioner of Highways for his consideration, and that
upon his approval of the designation of said roads or portions there-
of,the acme be constructed, improved, and maintained as municipal
state aid streets of the City of Lake Elmo to be numbered and
known as municipal state aid streets as indicated above.
Passed this 2, day of ,Iapx,ar�r 1979.
YJ
Mayor}
Attest:
(Clerk) �
R79-1
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A Resolution withdrawing Lake Elmo from the I-94 Challenge
Committee Joint Powers Agreement and Lawsuit and calling for con-
struction of I-94 on the "Southern Route".
WHEREAS, the recent City election on November 7, 1978 re-
sulted in a clear directive from the voters to withdraw from the
pointless and wasteful I-94 Challenge Committee Joint Powers Aq_ree-
ment and Lawsuit, and
WHEREAS, the City of Lake Elmo will be best served by a
southern route design for I-94 on the present highway 12 corridor,
NOW THEREFORE, be it hereby resolved that t he City Council
does hereby determine:
1. That the City of Lake Elmo hereby withdraw from the I-94
Challenge Committee Joint Powers Agreement with Woodbury, Afton
and Washington County, and directs that all authority of any appoint-
ed representative for Lake Elmo to said committee is hereby ter-
minated.
2. That all previous Resolutions of the City calling for a
Northern Route deeign are hereby revoked and rescinded.
3. That the City Administrator is directed to inform all
other parties to said Joint Powers Agreement of this withdrawal
and express the City's request that this senseless and wasteful
lawsuit be immediately terminated.
4. That the City Administrator inform the Governor and all
concerned units of government that the City of Lake Elmo is in
favor of a Southern Route design for I-94 and requests that up-
grading of the existing Highway 12 corridor begin as soon as
possible.
5. That the City Attorney is directed to immediately inform
the court that Lake Elmo has withdrawn as plaintiff in s&id law-
suit and to obtain from said Challenge Committee a complete account-
ing for all monies expended to the date of this withdrawal.
Thomas G. Armstrong
Mayor
At
tttie� s t : W! Vff +e__
IaUrenne Whittaker
City Administrator
3, REQUESTED PERMISSION TO ADVERTISE FOR BIDS FOR BITUMINOUS
MATERIAL, CALCIUM CHLORIDE, CORRUGATED STEEL PIPE, PLANT -
MIXED BITUMINOUS MATERIAL AND SEAL COATING,
COMMISSIONER MCGOWAN MOVED, SECONDED BY COMMISSIONER FOGARTY, TO
AUTHORIZE THE COUNTY ENGINEER TO POST GROSS AXLE WEIGHT RESTRICTIONS
WHEN NEEDED ON COUNTY ROADS, SAID MOTION WAS APPROVED UNANIMOUSLY;
COMMISSIONER OTTE ABSENT,
COMMISSIONER FOGARTY MOVED, SECONDED BY COMMISSIONER SCHAEFER, UR,,
�TOADQ ALLOW I_NG RIES.QLUT_I-
RESOLUTION
BE IT RESOLVED THAT THE WASHINGTON COUNTY BOARD Or COMMISSIONERS
HEREBY DESIGNATE ONE HOUR PARKING BETWEEN THE HOURS OF 6:00 A.M. AND
6:00 P.M. ON THE EAST SIDE OF COUNTY STATE AID HIGHWAY N0. 17 LOCATED
BETWEEN UPPER 33RD STREET NORTH AND A POINT 100 FEET NORTH OF UPPER
33RD STREET NORTH, AND
BE IT FURTHER RESOLVED THAT THE WASHINGTON COUNTY BOARD OF COMMIS-
SIONERS HEREBY DESIGNATE 15 MINUTE PARKING. BETWEEN THE HOURS OF 6:00
A.M. AND 6:00 P.M. ON THE EAST SIDE OF COUNTY STATE AID HIGHWAY N0, 17
LOCATED FROM A POINT 100 FEET NORTH OF UPPER 33RD STREET NORTH TO A
I POINT 200 FEET NORTH OF UPPER 33RD STREET NORTH, AND
BE IT FURTHER RESOLVED THAT THE WASHINGTON COUNTY BOARD OF COMMIS-
SIONERS HEREBY DESIGNATE ONE HOUR PARKING BETWEEN THE HOURS OF 6:00 A,M.
? AND 6:00 P.M. ON THE EAST SIDE OF COUNTY STATE AID HIGHWAY No, 17 LOCAT-
ED FROM A POrNT 200 FEET NORTH OF UPPER. 33RD STREET NORTH TO 35TH STREET
NORTH, AND
BE IT FURTHER RESOLVED THAT THE COUNTY ENGINEER IS AUTHORIZED AND
DIRECTED TO ERECT AND MAINTAIN THE APPROPRIATE SIGNS AT THE ABOVE
REFERENCED LOCATIONS,
WESLEY R. SCHEEL
CHAIRMAN, COUNTY BOARD
ATTEST; ,M, NEAL ERDAHL
COUNTY ADMINISTRATOR -COORDINATOR
THE FOREGOING RESOLUTION WAS ADOPTED UNANIMOUSLY; COMMISSIONER
OTTE ABSENT.
COMMISSIONER ACHAEFER, JR, "IOVED, SECONDED BY COMMISSIONER FOGARTY,
TO AUTHORIZE THE COUNTY ENGINEER TO ADVERTISE FOR BIDS FOR BITUMINOUS
MATERIAL, CALCIUM CHLORIDE, CORRUGATED STEEL PIPE, PLANT --MIXED BITUMI-
NOUS "MATERIAL AND SEAL COATING, WITH BIDS TO BE OPENED ON AFRIL 12, FOR
DUANE SPOORS, ASSISTANT SHERIFF, APPEARED BEFORE THE BOARD, RE:
1, DISCUSSED THREE ALTERNATIVES FOR PROVIDING MORE EFFECTIVE
PATROL AND ENFORCEMENT I,N SOUTH WASHINGTON COUNTY PARK AND
POINT DOUGLAS PARK, EMPLOYMENT OF SEASONAL HELP; CONTRACT-
ING WITH ANOTHER LAW ENFORCEMENT AGENCY; EMPLOYMENT OF FULL-
TIME DEPUTY SHERIFF, WHO WOULD BE ASSIGNED TO PATROL AND
ENFORCEMENT OF THE TWO PARKS FROM MAY THROUGH SEPTEMBER,AT A
COST OF APPROXIMATELY $16,500 FOR 1979. ALTERNATIVE 3 WAS
RECOMMENDED BY THE SHERIFF'S DEPARTMENT BEING THE MOST ECO-
NOMIC AND PROVIDING THE BEST SERVICE,
COMMISSIONER FOGARTY MOVED, SECONDED BY COMMISSIONER SCHAEFER, JR,,
TO AUTHORIZE THE SHERIFF'S DEPARTMENT TO HIRE AN ADDITIONAL EMPLOYEE
EFFECTIVE APRIL, 1979, FOR PURPOSES OF PROVIDING MORE EFFECTIVE PATROL
AND ENFORCEMENT IN SOUTH WASHINGTON COUNTY AND POINT DOUGLAS PARKS, AS
RECOMMENDED IN ALTERNATIVE THREE ABOVE, SAID MOTION WAS APPROVED UNAN-
IMOUSLY; COMMISSIONER OTTE ABSENT. }
2, DISCUSSED PRISONER PER DIEM RATES CHARGED BY WASHINGTON COUNTY
FOR LODGING PRISONERS OF OTHER AGENCIES AND RECOMMENDED THAT
THE PER DIEM RATE BE INCREASED TO $21 PER DAY,
i
COMMISSIONER FOGARTY MOVED, SECONDED BY COMMISSIONER MCGOWAN, TO
INCREASE THE PER DIEM RATE THAT OTHER AGENCIES ARE CHARGED FOR LODGING
PRISONERS IN THE WASHINGTON COUNTY JAIL TO $21.00 PER DAY OR ANY PORTION
OF A DAY, EFFECTIVE APRIL 1, 1979, SAID MOTION WAS APPROVED UNANIMOUSLY;
COMMISSIONER OTTE ABSENT,.
CHAIRMAN SCHEEL INFORMED THE BOARD THAT HE HAD BEEN CONTACTED OVER
THE WEEKEND CONCERNING A DEATH AT THE PRISON AND THE UNAVAILABILITY OF
ANYONE TO PERFORM THE AUTOPSY, AND THE COUNTY ATTORNEY FURTHER ELABORATED
ON THIS PROBLEM, THE BOARD, THE COUNTY ATTORNEY, AND THE ASSISTANT SHER-
IFF DISCUSSED THE COUNTY CORONER SITUATION, THE SERVICES WHICH WOULD BE
PROVIDED BY A FORENSIC PATHOLOGIST AND DEATH SCENE INVESTIGATORS, AND THE
POSSIBILITY OF CONTRACTING FOR THESE SERVICES,
COMMISSIONER MCGOWAN MOVED, SECONDED BY COMMISSIONER FOGARTY, TO
INSTRUCT THE COUNTY ADMINISTRATOR -COORDINATOR TO CONTACT HENNEPIN COUNTY
CONCERNING THE POSSIBILITY OF CONTRACTING FOR THE SERVICES OF THE MEDICAL
EXAMINER'S OFFICE, SAID MOTION WAS APPROVED UNANIMOUSLY; COMMISSIONER
RE:
MARK MATTSON, ASSISTANT COUNTY ENGINEER, APPEARED BEFORE THE BOARD,
1, REQUESTED PERMISSION TO POST GROSS AXLE WEIGHT RESTRICTIONS
WHEN NEEDED ON COUNTY ROADS (M" S. 109,37),
2, PRESENTED A RESOLUTION CONCERNING PARKING RESTRICTIONS IN ,T'HE
CITY OF LAKE ELMO.