HomeMy WebLinkAbout04-07-81 CCMMinutes,.Lake Elmo City Council meeting page 1
April '7, 1981
Mayor Eder convened the meeting at 5:00 p.m. with the following Council
members present: Fraser, Mottaz, Morgan and Novak. Administrator Whittaker
was also present:
AGENDA: Whittaker asked that the Council add items C. Well ##2, D. Flood
levels on Sunfish Lake,.and E. water storage on Eagle Point Lake, to
the Engineer's Report; He also had three additional licenses for
the Council to consider; and, asked them to add 50th street, the
Rossow building removal, and 201 hearing to the Administrator's Re—
port.
Morgan moved, seconded by Mottaz, to approve the Agenda as amended.
Motion carried 5-0.
MINUTES: The Council agreed to delete paragraph 3 on page six, as the Council
did nbt agree to permanently close of Jamaca Avenue north of Jane Road
North at the March 17, 1981, City Council meeting, even though previous
Councils had agreed that the gate now proposed would be the last gate.
Morgan moved, seconded by Mottaz, to approve the minutes of the March 17,
1981, City Council meeting, as amended. Motion carried 5-0.
CLAIMS: Novak asked if the sewer bond payments listed were paid once per year.
Whittaker said he thought they were; and that interest on the bonds was
paid twice a year. The Council also wanted to know if all of the material
for the hockey boards had been received by the City. Whittaker daid he
would check on that and report back.
Mottaz moved, seconded by Morgan, to require all petitions for 429 projects
from citizens ,include a clause where the petitioners would agree to pay
for the cost of the study should the project not be ordered. The Council
considered the bill for the water main extension; and found that there
was little benefit to the general public from that study. Motion carried
5-0.
Mottaz moved, seconded by Novak, to approve Claims Nos. 81279 through
81325. Motion carried 5-0.
OFFICE PLANS: Administrator Whittaker advised the Council that he had met with
the Building Committee; and, they had asked him to contact the owners of
property next to the White Hat Restaurant, Hagberg's store, the land where
Lake Elmo Heating is, and the owners of the White Hat to see if any were
interested in selling land to the City for an office; and, if so, what they
would ask for it. Whittaker reported than none of these parties was willing
to sell; and that none would set a price nor negotiate a sale to the City.
Morgan said the City has enough land; and that he would be opposed to pur—
chasing any more land for a City office. He also said he favors office
expansion; is concerned about the total cost, and believes the building
ought to be designed for up to 20 years is it can be done within the
budget.
The Council asked Whittaker to see if land purchased with LAWCON funds
can be used for City offices.
Minutes, Lake Elmo City Council meeting
April 7; 1981
page 2
(Office plans)
Novak said she has a problem using land that was acquired with park funds
for park purposes. Morgan said he did also but feels the Landfill and the
few acres in Sunfish Park that are farmed would be an exception.
Fraser still believes the Meyers property is the right location for the office;
but, she agrees that it is not reasonable at the price asked. She said sewer
and drainage are also problems with that site. While she would prefer to stay
on the south side of Hwy. 5, she sees no alternatives there now. So, she
sees the Brookman Addition as the next best site area even though it would
cost somewhat more to build the offices there than at the Landfill. She
went on to say that the present office has some value as a commercial building
the way it #;and it should be used for that.
Morgan said he did not think it was $25,000— $40,000 to the citizens to have
the City office be convenient.
Novak said that a remodeled City office would probably serve the City for
10 years. She does not think this would be money down the drain. There
would be ample space for present office needs; and, the City could probably
use the office space for some other function, like a parks or police depart—
ment, when the administrative staff outgrows it. She also said the City's
comp. plan does not call for the kind of growth that would lead one to expect
the need for widely expanded office in the next 10 years.
Mayor Eder asked if it would be possible to trade some of the farmed land in
Sunfish Lake for a piece on Hwy 5. Novak said it would cost more to build
there than at the �pand£ill, as there is no sewer system, well, or parking
area at that location.
Mottaz outlined his position: 1) It would not be cost—effective to remodel
the City office, as you could not recover the cost of the remodeling if the
building is sold; and, there is no room for expansion if growth of staff de—
mands iti.. 2)_` Adding on to the Fire Hall would only solve the immediate space
problems, would leave no room for expansion, would tie up the parking area
needed for the Fire Department, and might make access to the back bay difficult.
3) The plan to shars facilities with the library is still very attractive to
him; but, it is not practical at this time given library funding and location
ptoblemst 4) There is too little sapee on Main Street and the price is too
hith. 5) He is opposed to buying land when the City has enough land for the
building. The location of the City office is not all that critical to the
the citizen's. Other City Halls are not necessarily in the business section
or population centers of other cities. He likes the Sunfish Park location;
but feels it may be a bad precedent for the use of park lands.
In summary, Mottaz favors the landfill site because there is lots of room for
expansion, the City owns the land, there is sewer, water, and parking available,
and because some other City functions are already there.
( The Council recessed for dinner at 6:06 p,m.; and Mayor Eder expressed his
preferrenee for a site in the Broolmian Addition because he feels the City
office ought to remain in the downtown area.
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LAKE EL,MO CITY COUNCIL M+UPING, APRIL 79 1981
Mayor Eder reconvened the meeting at 7:09 P.M.
STE'VE MATTSON,, JURAN & MOODY:
A. Equipment Certificates — The City proposed to sell $$1259000 in General
Obligation Equipment Certificates to off —set the purchase of the Telesquirt Fire
Truck. Mr. Mattson explained the process by which the City can sell these Certifi—
cates and submitted a contract for their purchase by Juran & Moody, Inc.
The Council reviewed the contract and agreed to the terms.
Mottaz moved seconded by Morgan, to adopt R 81-26, a Resolution authorizing the sale
of General Obligation E'qui:pment Certificates, in an amount of $$125,000, to Juran
& Moody, Inc., per the attached contract. Motion carried 4-0-1. Eder abstained,
stating he is an official at the First National Bank of St. Paul, the paying agent
for the bonds.
B, Industrial Revenue Bonds — Brookfield II Building — The City received a request
from the Brookfield Co. requesting the City to approve Industrial Development Revenue
Bonds to finance the Brookfield II building.
Mr. Mattson explained the use of these bonds and the City's part in their. issuance.
The City has issued IRB bonds in the past.
Mottaz moved, seconded by Morgan, to adopt R-81-20, a Resolution setting A hearing,
to consider Industrial Revenue Bonds for the Brookfield Co., for May 5, 1981, at
7:45 P.M. Motion carried 5-0.
BROOKMAN ADDITION DRAINAGE: Engineer Bohrer and the developers engineer reached an
agreement on the design criteria for the pond. Engineer Bohrer said both the pond
design and the drainage plan are in accordance with the present City policy and
recommended approving the grading plan for the pond subject to the conditions outlined
in his letter of April 79 1981. Mottaz suggested postponing approval until a
petition is received, from affected property owners, to study the entire area. He
does not think the City should initiate this action. Eder asked Fraser what .the
consensus of the Business Association was concerning a study and/or project for
this area. She said the Business Association is interested in a study of the
area but are at the discussion stage as to what action to pursue. She questioned
the impact on delaying a decision for Brookfield. II.
Kelly Brockman said the developers agree with the study/petition idea and would
agree to put in the pond, as shown, if the City deemed it necessary; but they
would like to avoid a double expenditure or assessmen•q.if possible. Mottaz agreed
to a conditional. approval.
Engineer Bohrer explained the old drainage plan. Novak asked how or if this plan
would fit into an over-all permanent plan. Bohrer said water may need to be
permanently`stored north of the railroad 'tracks. A study would better determine
size and locations of such storage and the Brockman Pond could. be converted for
greater storage, if necessary.
Morgan moved, seconded by Mottaz, to approve the Brookfield II development and
deafer construction of the pond until October 1, 19819 per the City Engineer's
recommendation. Motion carried 5-0.
LAKE ELMO CITY COUNCIL MEETINC, APRIL 7, 1981
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BEUTEL POND ASSESSMENT ITFARINC.: The Administrator reported that Mn/DOT will listen
to additional discussion concerning their share of the improvement for Beutel Pond;
but, they will not participate in any assessment for the Little Sunfish improvement.
The reasons for their position on the Little Sunfish Project will he outlined in
a letter to the City. The Administrator will write Mn/DO'P. and explain the City's
position on the Beutel Pond Improvement.
Mayor Eder opened the hearing at 7:47 P.M.
Engineer Bohrer reviewed the issues he haai addressed since the last hearing, He
walked the areas around 31st St. Co. 6 (south of the tracks and 36th and 37th Streets
west of Jamaca. Ile said he found no new evfdence to support; changing the proposed
drainage area.
AUDIENCE COMMENTS:
Steve Chlebeck
9018 31st: Street - asked for clarification of the parcel that was deleted, as he
received two assessment notices.
Engineer Bohrer said parcel 2250 has been entirely deleted..
Mervin Nippoldt - asked when the assessments are payable.
Mayor. Eder `.said:.. that .if they are not paid by October I they will be attached to
-the 1982 property tax statements.
Harvey Halverson
3740 Jamaea - asked for some background on the pond. and the reasons for the improve-
ments,
Engineer. Bohrer answered this question.
Steve Chlebeck asked if the culvert can handle new development in the area.
Engineer Bohrer said any new developments -will have to meet the
current City policy that requiugs pending of, any additional water caused by homes,
driveways, etc.
Mayor Eder closed the hearing at 7:58 p.m.
Mottaz moved, seconded by Morgan, to adopt R-81-219 a Resolution accepting the
assessment roster for the Beutel Pond Improvement Project. Motion carried 5-0
LITTLE SUN1-'ISII LAKE IMPROVrPIENT HEARING: Mayor. Eder opened -the hearing at 8 P.M.
Administrator Whittaker reviewed M IDOTO S position, that they do not feel obligated
to participate in this assessment because they consider -this a temporary improvement,
They will be participating in the cost of a permanent improvement along I-94.
Their policy has been not to participate in temporary improvements. Because they
are a higher governing body, they have the ability to refuse to participate in
this assessment. Their share is $813.69.
The Council took issue with Ma/DOVB position that they do not participate in
temporary projects. They instructed the Administrator to stress, when writing
Prm/DOT, that all assessed property in the area are in the same position and that
this reasoning is not logical.
AUDIENCE COJ AW,,NTS:
Ed Bruno
3M-Club - stressed that the only party party Tiensfitted from this protect was
Cimarron. 3M never asked the City to share in any expense for water damage to
their water facility. He does not think it should be up to the residents to pay
for the pumping of a natural pond just for the benefit of Cimarron.
LAKE ELMO CITY COUNCIL MEETING, APRIL 79 1.981 —5—
LITTLE SUNFISH IIEARING:
Ed Bruno — Ile stated that if they want the benefit of keeping their sewage plant
functional, they should bear the cost.
Novak asked what action has been initiated by Cimarron to provide additional
ponding, as required, when approval was given for this improvement,
Engineer Bohrer said nothing has been done to date.
Administrator, Whittaker will. remind. Cimarron of this provision and their responsibility
to insure that this emergency does not reoccur.
John Leslie confirmed with the MICA that Cimarron d.ischared effluent into Little
Sunfish starting in 1970. He stated that from May thru December of 19790 approx—
imately 1597859000 gallons of effluent was pumped. Cimarron's NPDES Permit, modified
in 1980, and valid until 19849 serves as the control basis to Little Sunfish.
Cimarron's only requirement is to notify MPCA after pumping and provide monitoring
reports. Mr., Leslie stated that this information totally discredits Cimarron's
:remark that they have not pumped any water into Little Sunfish.
Councillor Mottaz suggested the Administrator write the MPCA and request
official documentation of these figures.
Mr. Leslie quoted Jim Bestick, MPCA, who stated that the effluent ponds are in
better shape than Little Sunfish Lake, as regards the water quality. Mr. Leslie
submitted that the health hazard and pollution emergency to the lake is a
misconception.
Ed Bruno — again questioned the benefit of the project to 3M park,
John Leslie — asked about using the Valley Branch assessment method based on
impervious surface,
Engineer 13ohrer said two formulas were used. Cne was the Valley Branch formula,
using imperviousness and size, the other was a formula based on area. The area
gave the most equitable assessment and a higher assessment to Cimarron Park,
Mr. Leslie said an assessment formula based on affected household. units would be
the most favorable,
Mr. Bruno stated that based on the facts from the MPCA, indicating the amount of
water Cimarron has discharged, it is clear Cimarron has contributed the most to the
rise of Little Sunfish Lake,
Engineer Bohrer said it has to be determined if the water .is going into the polishing
ponds or into the lake itself.
Morgan moved, seconded by Mottaz, to continue the hearing until official records
from the MPCA are available to determine how much water Cimarron actually pumped
into Little Sunfish Lake. Motion carried 5-0.
Krieger Assessment — Engineer Bohrer was asked by Mr. Krieger, property owner in
the NW corner of Little Sunfish watershed, to meet and review his property, The
Engineer met with him and determined a depression retains most of the water on his
property; and, noted it changed the assessment rate by less than 5/. Mr, Kriegerh
land. area was reduced to one acre,;
PUBLIC INQUIRIES:
A. Mike Dahl. — Deed Approval — The City Council approved a subdivision and land
transfer for Mr. Dahl June 15, 1976, The owners failed to record. the deeds at that
time and now want to complete the .transaction.. The lot is unbuildable and an
agreement to this effect will be filed with the deeds. The Council reviewed
a draft from the City Attorney covering this transfer.
Mottaz moved, seconded by Morgan, to authorize the Administrator to sign the deeds
submitted by Mike Dahl, and pprove the agreement, per the City Attorneys recom—
ipendation. Motion Parried �(i.
LAKE ELMO CITY COUNCIL MFETTNG, APRIL 7, 1981
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COUNTY HRA-TOM IIELGESEN: Mr. Helgesen introduced Ms. Carol Philips, Director of the
Dakota County HRA. Ms, Philips and Mr. Helgesen summarized 'the program and addressed
the questions posed by the Council at their last meeting. The Council reviewed the
revised resolution and were satisi.fied with the wording.
Morgan moved, seconded by Fraser, to adopt R-81-22, a Resolution permitting the
Washington County HRA 'to act as the Official Authority in the City of Lake Elmo.
Motion carried 5-0.
ENGINEEI?IS REA'O;'T:
A. Limits -.Excavation and Pill on State Highway 5. Forest Lake Contracting -
T'he highway Department; Is planning a safety improvement project on Highway 5.
Forest Lake Contracting has applied for an excavation permit to obtain fill for
the project. The fill will be obtained from the Montegue and Jurek properties.
The Engineer reviewed the permit application, visited the site and recommended
approving the application. He also recommended the following requirements be
waived; 1. a, property survey; 2, initial and final ground contours; and 3, a
bond to cover repair of any haul roads. He sdi.d that only a limited amount of ex-
cavation is necessary and that State specifications and bonding adequately cover
these three provisions.
Mottaz moved, seconded by Morgan, to approve the excavation permit for Forest Lake
Contraction, and waive the three City .requirements, per the Engineerls recommendation.
:Motion carried 5-0, All fees will. be assumed by the contractor and tiny dust control
measures, if necessary. The Engineer will inspect the City roadways before and7 after
the'project for damage.
H. Eronsion Control Stuucture - Regional Park - The Engineer reviewed the plans
and specifications prepared by the Soil Conservation Service for the west branch
of Eagle Point Lake. The plans call for an earthen dike with a 30" culvert passing
through it. The dike would temporarily hold back run-off and release it through the
culvert at a controlled rate to reduce erosion.
The Engineer recommended approval of this project, stating this coincides with City
policy to develop storage sites upstream of Lake :Elmo. The Engineer said it appeared
that, with some modifications, this proposed structure could permanently store up
to 90 acre feet of water. The Council agreed that this area should be pursued as
a permanent storage site.
Mottaz moved, seconded by Morgan, to adopt R-81-23, a Resolution requesting Washington
County to create a permanent storage site on the west branch of Eagle Point Lake.
The Council supports the County°s plans for the erosion control and temporary run-
off dike. Motion carried 5-0:
The Administrator will notify Robert Lockyear, County Planner, and Artie Schaefer,
County Commissioner, of the C6uncilrs recommendation.
Co Well #2 - The Engineer reported that the water quality tests for well #2 indicate
a high nitrate content. This is usually associated with contimine.tion by human or
animal wastes or heavy application of agricultural. fertilizer. He said the well
casing may also be deteriorated and allowing sllrfice water down into the aquifer_.
The Engineer recommended that this well not be pursued as a public water supply,
as it is very costly and risky to remove nitrates from d±inking water.
Councillor Morgan said that he would like to find out where this contaminant is coming
from and suggested that the Administrator contact the health Department and have
the adjacent City Office well tested for nitrate levels. The Council agreed.
LAKE ELMO CITY COUNCIL MEETING, APRIL 7, 1981
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D, Sunfish Lake Flood Level — Seel.er Property — A property owner adjacent to Sun—
fish Lake is considering building on the property. This will require a variance
from the Ordinary High Water Mark setback. The .Engineer did a preliminary review
of the 100 ,yr flood level, established by the City, and the Ordinary High Water
Mark, established by the DNR, and advised the Council that the 100 ,year flood
level. of 896 appeared to be too low. Re auggested that the Council request the
Valley Branch Watershed re—evaluate the 100—,year flood level on Sunfish Lake and
revise it if necessary. The Council agreed.
j .0, Eagle Point - Little Sunfish Project — The permit to punp Little Sunfish Lake
stipulated that anequivalont volume of water had to be stored on Eagle Point Lake
until such time as the West Lakeland storage site had receded to its pre —pumping
level. The Engineer inspected the West Lakeland storage site and reported that
it has returned to its normal level, Ile requested authorization to notify
the Watershed Distriet, West Lakeland Township, and the DNH thatZake Elmo intends
to release the 65 acre feel: of water which is presently stored on Eagle Point
Lake.
Novak moved, seconded by Mottaz, to authorize the Engineer to notify Valley Branch.
West Lakeland Township, and the MNR that the City of Lake Elmo intends to release
the water that has been storgti on Eagle Point Lake for the Little Sunfish plopping
project, per the 111ngineer's recommendation. Motion carried 5-0.
BREAK: 9.10 to 9:20 p.m.
CABLE TV CIMAHRON¢ The Administrator provided the basic information requested by the
Council for their consideration in dealing with the Cable TV request for Cimarron
and. the City.
Fraser outlined an approach to study this question. She recommended establishing
a Cable TV Preliminary Survey Committee. The Committee would meet over a three
month period and prepare a written report to the Council that would assist in
determining a reasonable cable service territory and if a franchise should be
pursued.
Fraser moved, seconded by Morgan, to appoint a Cable Television Preliminary Survey
Committee and adopt the outline of study presented by Councillor Fraser as the
basis for developing an approach to this question. Discussion included the time
element, the scope of the study, and the limitations. Morgan suggested limiting
the study to Cimarron which would help keep costs down. Mottaz agreed, stating
he was open to a study but felt since this question was fully discussed before,
with the City's position bung to wait until information from surrounding com—
munities presently developing cable areas is available, that expenditures should
be minimal.
Mottaz moved, seconded by Morgap, to amend the motion and limit the cost of this
study to 8500 and limit the objective of the committee to the feasibility of a
temporary system in Cimarron. The Council discussed the objectives of a study
committee after which Mottaz withdrew the limitation on the objective, leaving
the $500 limit. Motion to amend carried 5-0.
Morgan moved, seconded by Mottaz, to amend the motion and limit the objective of
the study committee to answering the Cimarron question, and determine if a service
area in Cimmaron would be feasible or desireable for the City, The Committee is
to report to the Council within three weeks,on the outline of the study and if
studying Cimarron�only,is practical. If the Cimarron question cannot be answered
within this time period, then the Council can consider broadening the objectives.
Motion to amend carried 4-1. Fraser opposed. Fraser feels a study of all the service
territory options is necessary before making a decision on Cimarron Mayor Ed r
called for the vote on the original motion with the amendments. Mo.lion carried 5-0,
The Administrator will advertise in the Newsletter for committee volunteers.
LAKE ELMO CITY COUNCIL MEETING, APRIL 79 1981
Q
F, J. CROMBIE ESTATES - FINAL PLAT: The Counoil reviewed the PW recommendation to
approve the final plat, Bruce Folz said that the park donation amount, as
determined by the Park Commission, is agreeable to Mrs. Crombie, Folz reviwed
the sample deed tying the outlets to the lots and said a title opinion has been
completed for the property.
Morgan moved, seconded by Mottaz, to d.dopt R-81-2 , a Resolution approving the
plat for P. J. Crombie Estates, subject to review of the City Attorney, and accepting
the park donation in the amount of $693.88. Motion carried 5-0.
OLD 'BUSINESS:
A. Surface Water Use Ordinance - The Council reviewed DNR's response to this
Or.dinancep and discussed the following changes:
1, retaining the 'no wake' area rather than the 15 mph speed proposed by DNR;
2. the channel between Lake DeMontreville and Olson Lakes be designated a 'no
wake' erosion, zone; and,
3, the definition of motorboat be deleted;
Because part of Horseshoe Lake is in West Lakeland, the City will send a copy of
the Surface Water Ordinance to them and ask that they adopt it. This would permit
the City to enforce the Ordinance on a shared body of water.
The Administrator will make the necessary changes and bring the revised Ordinance
back for Council approval.
B. SurveyOrdinance - The Council reviewed an ordinance that would require
a survey to identify lot lines and locate now structures on a lot.
Eder moved, seconded by Morgan, to adopt Ordinance 79259 an Ordinance amending
Section 502,140, of the 1979 Municipal Code, authorizing the Building Inspector to
require a Certificate of Survey, if he deems it necessary, before issuing a building
permit. Motion carried 5-0.
C. Agreement with Valley Branch on lbDloyees The Council reviewed the Administrator's
outline of the current City policy on. handling employee
and the City - employees who perform work for the Watershed. The Council
discussed a 15/ service charge to cover -the administrative work in handling
the payroll for Dick Murray, a Valley Branch employee. The District pays a 15%
overhead fee when City employees are used for. Valley Branch work.
Morgan moved, seconded. by Mottaz, to adopt a 15916 administrative charge to cover
expenses incurred in handling payroll for Valley Branch employees and City 1hployees
engaged for. Watershed work; and the memorandum setting out the relationship of the
City to the Valley Branch Watershed District for work on Project 1005,
Motion carried 4-0-1. Eder abstained.
The Administrator will verify if the insurance, PICA, Workman's Comp, etc, are
being paid by Valley Branch for Dick Murray.
D. Appointments -
Mottaz moved, seconded by Morgan, to table the appointments until April 219 1981.
Motion carried 5-0. The Administrator will ask the Planning Commission applicants
to come in .for interviews at this meeting.
Morgan moved, seconded by Edero to extend the meeting. Motion carried 5-0.
LAKE ELMO CITY COUNCIL MEETINC, APRIL 7, 1981
E. Beaubien Minor Subdivision — The Administrator reported that the City Attorney
is preparing an agreement requiring Mr. Beaubien to dedicate a 6( .ft north/south
strip for future road. purposes and agreeing to deed a road easement :for an east/
west street to serve the new lots created by the minor. subdivision.
The Council suggested the following changes:
1, Item B should include a, legal description clarifing the west 66ft, of Parcel B
2. Item C should clarify the east/west street to the lake and. include a legal
description.
3, Item D should stipulate that the cul—de—sac be at the east end of Parcel 6,
The Council discussed the cul—de-sac location and decided that Mr. Beaubien should
deed an area adequate for a temporary turn -around that would serve the two lots.
At such time as the property on the south side of the road easement is developed,
that property owner will be responsible for a portion of the permanent cul—de—sac.
The last sentence should be deleted in Item D and .replaced with the requirement
for a temporary cul—de—sac for the two lots.
Novak moved., seconded by Morgan, to approve R-81-25, a Resolution approving the
Minor Subdivision ;for Everett Beaubien, as amended, Motion carried 5-0.
P. Metropolitan Governance Bill — Mayor Eder will send a copy of this bill to the
Administrator for his review.
G. Mobile Rome Bi11 Dr — The Council briefly discussed the ramifications of
this bill. Mottaz felt this proposal would be acceptable provided it complied with
the City node. The Council expressed no opinion in support or opposition of the bill.
MISCELLANEOUS;
A, Board of Review — The Board of Review will be held June 3, 1981, .from 2:30 P.m.
to 7:30 P.M.
B. Licenses: Morgan moved, seconded by Mottaz, to approve the following licenses:
Peterson Excavating, 18911 Newgate Ave. N., Marine, Mn; Edward B, Kuhlman, Blacktop
Driveway Co., Inc., 1187 Frost Avenue, St. Paul, Mn.; Don Anderson heating, Rt 1,
Box 173B, Stillwater, Mn.; Castle Design, 21119 N. Margaret, No St Paul, Mn.; and
Forest Lake Contractors, 14777 Lake, Forest Lake, Mn.
Motion carried 5-0.
Beer License — The State Bank of Lake Elmo Softball Team .has requested a temporary
beer license for their tournament ,
Morgan moved, seconded by Novak, to approve a temporary non —intoxicating malt liquor
license for the State Bank of Lake Elmo Softball Team„ for May 22123 24, 1981
Motion carried 14-0. Mottaz opposed. Mottaz opposes temporary liquor permits in
City Parks when City policy prohibits the use of liquor in the parks at all other
-times.
The Administrator said this same organization has requested a permit to sell beer
during their softball games; on Tuesday and Thursday during the summer. .The Council
opposed this request.
LAF:E ELMO CITY COUNCIL MEETING, APRIL 7, 1981
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C. Load i-imit Variance r Novak had asked to 'what degree load limits
were enforced or f large vehicles, such as garbage trucks, fuel oil
carriers, etc., received variances. The Administrator said the
City normally does not grant variances to the load limits and that
vehicles violating the limits have been ticketed in the past.
D. Data Process:'8eminar -
Mottaz moved, seconded by Morgan, to authorize $40.00 to send the
Administrator to the Data Processing Seminar April 21-23. Motion
carried 5-0.
F. Administrator Vacation
Mottaz moved, seconded by Eder, to approve the requested vacation time
for the Administrator. Motion carried 5-0.
F. Well Testing - Landfill - The Council reviewed the letter from
Hickock regarding the well testing in the Landfill. The Administrator
reported that trace elements of contaminents, not normally found in
water, have been identified. Morgan expressed alarm at these findings
and urged that additional testing be .initiated.
Mottaz moved, seconded by Morgan, to write Washington County and
endorse their recommendation that additional well testing be initiated;
also, that additional private wells in the area be included in the
testing. Motion carried 5-0.
G. Parks
1. Chem Lawn, Lions Park -
Eder moved, seconded by Morgan, to approve $350 for Chem Lawn
treatment at Lion's Park. Motion carried 5-0.
2. Fence Pebble Park -- tabled until April 21, 1981.
3, Midland Meadows - The, Park Commission recommended the
acquisition of a 1 1/2 acre lot along loth Street for Midlpnd!.
Meadowsipark dedication. Morgan said if the City desires ad-
ditional park donation, a cash amount is recommended.
Richard Stocksted, the developer, met with the Park Commission
and indicated that the lot donation was acceptable, but was not
aejkeeable!.to an additionalr,.cash amount.
The 1 1/2 acre lot is not 7% of the land; but, the value of the
lot was estimated at $23,000, which would fulfill the park
obligation. Morgan asked to Council to consider this question
and decide whether additional cash should be required.
4. Master Plan Reid Park -- No action
H. ". 50th Street - No action
I. Rossow m Mayor Eder reaffirmed the Council's position that the
City should proscute Lee Rossow, requiring him to remove the
structure he started without the required permits.
J. 201 - The Council decided to wait on scheduling a second hearing
on the 201 Study,
ADJOURN: 11;15 p.m.
Resolutions on back.
R-81-20 - IRB Hearing for Brookfield
R-81-21 - Beutel Pond Assessment Roster
R-81-22 - HRA Rent Assistance Program
R-81-23 - Eagle Point Storage Site
R-81-24 - F. J. Crombie Estates Plat
R-81-25 - Beaubien Subdivision
R-81-26 - Equipment Certificates - Fire Truck
Ordinance 7925 - Lot Survey Certificate
R-81-26
EXTRACT' OF MINUTES OF 'MEETING OF THE
CITY COUNCIL OF THE CITY OF
LAKE E:LMO, MINNE:SOTA
HELD: APRIL 7, 1981
Pursuant to due call and notice thereof, a --.regular
meeting of the City Council of •the City of Lake Elmo,
Washington County, Minnesota, was duly held at the City Hall in
said City on the 7th day of April, 1981, at a._Oa o'clock
P M. for the purpose of awarding the sale of $125,000 General
Obligation Equipment Certificates of 1.981 of said City.
The following members were present:
Eder, Novak, Mottaz, Fraser and Morgan
and the following were absent:
None
Member Mottaz _ introduced the following
resolution and moved its adoption
RESOLUTION PROVIDING FOR THE
ISSUANCE AND SALE OF
$125,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES
OF 1981 AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. The City Council has heretofore determined to
purchase a fire truck for the City;
B. The City Council has entered into contracts for
the acquisition of said fire truck;
C. No other obligations have been issued to defray
the expense.of purchasing said :Eire truck;
D. The Council finds that it is necessary, desirable
and expedient to issue certificates pursuant to M.S.A. 412,301
to defray the costs of said fire truck;
E. The face amount of the certificates does not
exceed 1% of the assessed valuation of the City, excluding
money and credits.
P. No other obligations have been sold within the
last three calendar months pursuant to a private sale which
when combined with this issue would exceed $200,000 as required
by Minnesota Statutes, Section 475.60, subdivision 2(2).
NOW THEREFORE BE IT RESOLVED by the Council of the
City of Lake Elmo, Minnesota, as follows:
1. That the offer of Juran and Moody, Inc. to
purchase $125,000 General Obligation Equipment Certificates of
1981 of the City in accordance with the terms and at the rates
of interest hereinafter set forth and to pay therefor the sum
of $122,550 is hereby accepted. Said certificates shall be
payable as to principal and interest at The First National Bank
of Saint Paul, in St. Paul, Minnesota or any successor paying
agent duly appointed by the City.
2. The $125,000 negotiable coupon general obligation
certificates of the City shall be dated April 1, 1981 and shall
be issued forthwith. The bonds shall, be 25 in number and
numbered .from 1 to 25, both inclusive, in the denomination of
$5,000 each. The bonds shall mature serially, lowest numbers
first, without option of prepayment, on April 1, in the years
and amounts as follows:
$15,000
in
the
year
1982;
$20,000
in
the
year
1983;
$25,000
in
the
year
1984;
$30,000
in
the
year
1985; and
$35,000
in
the
year
1986.
3. Said certificates shall provide funds for the purchase
of a. fire truck for the City. The total cost of said purchase,
which shall include all. costs enumerated in Minnesota. Statutes,
Section 475.65, is estimated to be at least equal to the amount
of the certificates herein authorized.
4. The certificates shall mature in the years and
bear the serial numbers set forth below, and shall bear
interest payable October 1, 1981 and semiannually thereafter oil
April 1 and October 1 of each year at the respective rates per
annum set opposite the maturity years and serial numbers:
Maturity Years Serial Numbers Interest Rate
1962 1.-3 8.75%
1983 4-7 8.75%
1984 8-12 9.00%
1985 13-18 9.00%
1986 19--25 9.00%
5. The certificates and interest coupons to be
issued hereunder shall. be in substantially the following form:
3-
No.
UNITED S'.['ATFS OF AMERICA
STATE OF MINNESOTA
WASHINGTON COUNTY
CITY OF LAKE ELMO
GENERAL OBLIGATION EQUIPMENT
CERTIFICATES OF 1981
$5,000
KNOW ALL PERSONS BY THESE PRESENT'S that the City of
Lake Elmo, Washington County, Minnesota, certifies that it is
indebted and for value received promises to pay to bearer,
without option of prepayment, the principal sum of
FIVE THOUSAND DOLLARS
on the first day of April, 1.9 and to pay interest thereon
from the date hereof until the principal is paid at the rate of
_ percent ( %) per
annum, payable on the first day of October, 1.981. and semi-
annually thereafter on the first day of April and the first day
of October in each year, interest to maturity being represented
by and payable in accordance with and upon presentation and
surrender of the interest coupons hereto attached, as the same
severally become due. Both principal and interest are payable
at The First National Bank of Saint Paul, in St. Paul,
Minnesota, or any successor paying agent duly appointed by the
City, in any coin or currency of the United States of America
which at the time of payment is legal tender for public and
private debts.
This certificate is one of an issue in the total
principal. amount of $1.25,000 all of like date and tenor., except
as to serial number, maturity, and interest rate which certifi-
cate has been issued pursuant to and in full conformity with
the Constitution and laws of the State of Minnesota for the
purpose of providing money for the purchase of a fire truck for
the City, and is payable out of the General Obligation
Equipment Certificates of 1981 Fund of the City. This certifi-
cate constitutes a general obligation of the City, and to
provide moneys for the prompt and full payment of the principal
and interest when the same become due, the full faith and
credit and taxing powers of the City have been and are hereby
irrevocably pledged.
4
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the State of Minnesota to be done, to happen and to be
( performed, precedent to and in the issuance of: this certifi-
cate, have been done, have happened and have been performed, in
regular and due form, time and manner as required by law, and
this certificate, together with all other debts of the City
outstanding on the date hereof and the date of its actual
issuance and delivery does not exceed any constitutional or
statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Lake Elmo, Washington
County, Minnesota, by its City Council has caused this certifi-
cate, to be executed in its behalf by the facsimile signature
of the Mayor and the manual signature of the City Administra-
tor, the corporate seal of the City having been intentionally
omitted as permitted by law, and has caused the interest
coupons to be executed and authenticated by the facsimile
signatures of said officers, all as of April 1, 1981.
/s/ Facsimile
City Administrator Mayor
5 W
(Form of Coupon)
No.
Y
on the first day of October (April), 19, , unless the
bond described below is called for earlier redemption, the City
of Lake Elmo, Washington County, Minnesota, will pay to bearer
at The First National Bank of Saint Paul, in St. Paul,
Minnesota, or any successor paying agent duly appointed by the
City, the sum shown hereon for interest then due on its General
Obligation Equipment Certificate of 19£31, No. , dated
April. 1, 1981.
/s/ Facsimile
City Administrator
/s/ Facsimile
Mayor �-
6. The certificates shall be executed on behalf of
the City by the signatures of its Mayor and Administrator and
be sealed. with the seal of the City; provided, that one (or
both) of the signatures and the seal of the City may be printed
facsimiles (if the certificates are also signed manually by at
least one such officer), and provided further that the
corporate seal may be omitted on the certificates as permitted
by law. The interest coupons pertaining thereto shall be
executed by the printed, engraved or lithographed facsimile
signatures of the Mayor and Administrator.
7. The certificates when so prepared and executed
shall be delivered by the Administrator, to the purchaser
thereof upon receipt of the purchase price, and the purchaser
shall not be obliged to see to the proper application thereof.
8. There is hereby created a special fund to be
designated "General obligation Equipment Certificates of 1981
Fund" to be held and administered by the City Administrator
separate and apart from all other accounts of the City. The
Fund shall be maintained in the manner herein specified until
all of -the certificates herein authorized and the interest
thereon have been fully paid. There shall be maintained in the
.Fund two separate accounts, to be designated the "Capital
Account" and the "Debt Service Account", respectively. The
proceeds of the sale, of the certificates herein authorized,
less any accrued interest received thereon, shall be credited
to the Capital Account, from which there shall be paid all
costs and expenses of purchasing the fire truck including all
costs incurred and to be incurred of the kind authorized in
Minnesota Statutes, Section 475.65; and the moneys in said
account shall be used for no other purpose except as otherwise
provided by law; provided that the certificate proceeds may
also be used to the extent necessary to pay interest on the
certificates due prior to the anticipated date of commencement
of the collection of taxes herein levied. There is hereby
pledged and there shall be credited to the Debt Service Account
(a) all accrued interest received upon delivery of the oertifi-
cates, (b) any collections of all taxes herein levied for the
payment the certificates; and (c) all funds remaining in the
Capital Account after the purchase of the fire truck and
payment of the costs thereof. The Debt Service, Account herein
created shall be used solely to pay the principal and interest
and any premiums for redemption of the certificates issued
hereunder and any other general obligation certificates of the
City hereafter issued by the City and made payable from said
account as provided by law. Any sums from time to time held in
the Debt Service Account (or any other. City account which will
be used to pay principal or interest to become due on the
certificates) in excess of amounts which under the applicable
federal arbitrage regulations may be invested without regard as
to yield shall not be invested at a yield in excess of the
applicable yield restrictions imposed by said arbitrage
regulations on such investments.
9. To provide moneys for payment of the principal.
and interest on the certificates there is hereby levied upon
all of the taxable property in the City a direct annual ad
valorem tax which shall be spread upon the tax rolls and
collected with and as part of, other general property taxes in
the City for the years and in the amounts as follows:
Year of Tax Year of Tax
Levy Collection Amount
1981 1982 $32,642
1982 1983 30,424
1983 1984 33,574
1984 1.985 36,225
1985 1986 38,404
The tax levies are such that if collected in full
they, together with other revenues herein pledged for the
payment of said certificates; will produce at least five
percent in excess of the amount needed to meet when due the
principal and interest payments on the certificates.
Said tax levies shall be irrepealable so long as any
of the certificates are outstanding and unpaid, provided that
the City reserves the right and power to reduce the levies in
the manner and to the extent permitted by Minnesota Statutes,
Section 475.61(3).
For the prompt and fu.l.l payment of the principal and
interest on said certificates, as the same respectively become
due, the full faith, credit and taxing powers of the City shall
be and are hereby irrevocably pledged. If the balance in the
Debt Service Account is ever insufficient to pay all principal
and interest then due on the certificates payable therefrom,
the deficiency shall be promptly paid out of any other funds of
the City which are available for such purpose, and such other
funds may be reimbursed without interest from the Debt Service
Account when a sufficient balance is available therein.
- 8 -
10. The City Administrator is hereby directed to file
a certified copy of this resolution with the County Auditor of
Washington County, Minnesota, together with such other infor-
mation as he shall require, and to obtain from the Auditor his
certificate that said certificates have been entered in the
Auditor's Bond Register, and that the tax levy required by law
has been made.
11. The officers of the City are hereby authorized
and directed to prepare and furnish to the purchaser of said
certificates, and to the attorneys approving the legality of
the issuance thereof:, certified copies.of all. proceedings and
records of the City relating to said certificates and to the
financial condition and affairs of the City, and such other
affidavits, certificates and information as are required to
show the facts relating to the legality and marketability of
the certificates as the same appear from the books and records
under their custody and control or as otherwise known to them,
and all such certified copies, certificates and affidavits, in-
cluding any heretofore furnished, shall. be deemed represen-
tations of the City as to the facts recited therein.
The motion for the adoption of the foregoing
resolution was duly seconded by member Morgan and
upon vote being taken thereon, the following voted in favor
thereof:
.Fraser, Morgan, Mottaz, and Novak
and the following voted against the same: None .- Eder abstained
Whereupon said resolution was declared duly passed
and adopted.
&iUU4'd 0
City Administrator
Mayor
_9_
STATE OF MINNESO`PA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
I, the undersigned, being the duly qualified and
acting Administrator of the City of Lake Elmo, Minnesota, DO
HEREBY CERTIFY that I have compared the attached and fore-
going extract of minutes with the original thereof on file in
my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council of
said City, duly called and held on the date therein indicated,
insofar as such minutes relate to the awarding of the sale of
$125,000 General Equipment Certificates of 1981,. of said City.
(SEAL)
WITNESS my hand and the seal of said City this
Y day of i�'1 . 1981.
City Administrator
- 10 -
41 959 R.-81.--25
RESOLUTION
CITY OF LAKE ELMO
WASI-IINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A MINOR SUBDIVISION FOR EVERETT
BEAUBIEN.
WHEREAS, Everett Beaubien has made application to the
City of Lake Elmo for a minor subdivision on the following
described real estate located in the City of Lake Elmo,
Washington County, Minnesota, legally described as follows,
to -wit:
Parcel A�
All that part of the East One-half (EZ) of the North-
west Quarter (NW4) of Section Fourteen (14), Township
Twenty-nine (29), Range Twenty-one (21), Washington
County, Minnesota, described as follows: Commencing
at the Southeast corner of the north 83 rods of said
East One-half of the Northwest Quarter (E; of NW4);
thence South 89 degrees 33 minutes 29 seconds West
(assumed bearing) along the south line of the North
83 rods for 890.00 feet; thence South 00 degrees
1.4 minutes 31 seconds East, parallel to the east line
of the East One-half_ of the Northwest Quarter (Ez of
NW4) a distance of 350.00 feet to the point of beginning
of the land to be described; thence s6utheasterly in
a direct line to a point on said east line of the East
One-half of the Northwest Quarter (E2 of NW4) distant
750.00 feet south of said southeast corner of the north
83 rods; thence South 0 degrees'14 minutes 31 seconds
East along said east line thereof a distance of
521.42 feet to the southeast corner of said East One-
half of the Northwest Quarter; thence South 89 degrees
47 minutes 06 seconds West along the south line thereof
a distance of 890.00 feet to the west line of the
east 890.00 feet; thence North 0 degrees 14 minutes
31 seconds West, parallel with the east line to the
point of beginning. Except the south 207.83 feet of
the East 823.00 feet of the East One-half of the
Northwest Quarter of Section Fourteen (14), Township
Twenty-nine (29), Range Twenty-one (21). Subject
to easements of record. Containing 7.31 acres.
AND
Parcel B
The South 207.83 feet of the east 823.00 feet of the
East One-half of the Northwest Quarter of Section
Fourteen (14), Township Twenty-nine (29), Range
Twenty-one (21), Washington County, Minnesota.
Subject to easements of record. Containing 3.93 acres.
WHEREAS, it appears the above -described parcel was not,
at the time of the application, a separately described parcel
of record; and
WHEREAS, there does not appear to be any reason related
to the public health, safety and welfare which would require
a denial of the minor subdivision for said property; and
WHEREAS, the City Planning Commission considered the
proposed minor subdivision on November 24, 1980, and re-
commended the approval. thereof.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, of
the City of Lake Elmo as follows:
1. The application of Everett Beaubien for a minor
subdivision be, and the same hereby is, granted subject to
the following conditions:
A. Mr. Beaubien shall reserve a sixty-six (66)
foot right -of -•way for a future north -south
street on the following described parcel,
to -wit:
The Westerly 66 feet of the South-
erly 207.83 feet of the East One-
half of the Northwest Quarter (E2
of NW') of Section Fourteen (14),
Township Twenty-nine (29), Range
Twenty-one (21.), Washington County,
Minnesota
B. Both new lots must have adequate sites for two
(2) drainfiel.d systems as demonstrated by the
necessary percolation tests and soil borings;
together with one (1) acre of dry land and one
and one-half (12) acres per lot.
-2-
C. The applicant shall deed a sixty-six (66) foot-
right-of-way for a future east -west street to
serve both lots as well as meeting any easement
rights persons may have who were guaranteed lake
access. Said right-of-way shall be deeded over
the following -described property, to -wit:
The Southerly thirty-three (33) feet
of the East One -Half of the North-
west Quarter (E'k of NW4) of Section
Fourteen (14), Township Twenty-nine
(29), Range Twenty-one (21), Washington
County, Minnesota,
AND
The North thirty-three (33) feet of
the East One -Half of the Southwest
Quarter (E3� of. SW;) of Section Fourteen
(14), Township Twenty-nine (29), Range
Twenty-one (21), Washington County,
Minnesota.
D. The applicant shall deed a temporary cul-de-sac
for turn -around of emergency vehicles over the
following described parcels, to -wit:
An easement for road purposes over that
part of the East Ilalf.of the Northwest
Quarter of Section 14, Township 29, Range
21, Washington County, Minnesota, described
as follows: Commencing at the southwest corner
thereof; thence North 89047'06" East
(assumed bearing) along the south line there-
of a distance of 656.86 feet; thence North
00012'54" West a distance of 33.00
feet to the point of beginning of land
to be described; thence North 89047106"
East, parallel with said south line,
a distance of '75.13 feet; thence
westerly along a non -tangential curve
which is concave to the south, radius
of 50.00 feet, central angle of 97024',
chord bearing of South 89 47'06" West, a
distance of 85.00 feet to the point of
beginning.
AND
An easement for road purposes over that
-3-
IM
E
part of the East Half of. the Southwest
/ Quarter of Section 14, Township 29, Range
21, Washington County, Minnesota described
as follows: Commencing at the northwest
corner thereof; thence North 89047106" East
(assumed bearing) along the north line
thereof a distance of 656.86 feet; thence
South 00o12154" Fast a distance of 33.00
feet to the point of beginning of land to
be described; thence North 89 47106" East,
parallel with said north line, a distance
of 75.13 feet; thence westerly along a non -
tangential curve which is concave to the
north radius of 50.00 feet, central angle
of. 97 241, a chord bearing of South 890
47106" West, a distance of 85.00 feet to
the point of beginning.
E. The applicant shall agree to develop and maintain
a private road over this right-of-way for access
to the two (2) lots and a cul-de-sac for emergency
access, and agrees to permit the City to improve
this road to City's standards at any time the City
deems it necessary.
F. Applicant shall provide a Certificate of Survey
signed by.a registered land surveyor for the two
(2) lots showing the sixty-six (66) foot right-
of-way for t:he east -west street and a one hundred
(100) foot diameter for a cul.-de-sac to serve
lots A and B.
Adopted by the City Council of the City of Lake Elmo this
7th day of April, 1981.
M rC E or c�
Maynar L. Eder, Mayor
r_�V2&V
Laurence Whittaker
City Administrator
As applicant and owner of the land above -described, I
-4-
N
hereby accept the minor subdivision granted by this Resolution
l and the conditions set forth therein and consent to those
conditions. I specifically consent to the recording of a
copy of the foregoing Resolution'with this endorsement in
the office of the County Recorder, Washington County, Minnesota.
Mary
%h—yVe��L /lcline Beaubieien .
STATE OF MINNESOTA )
COUNTY OF WASHINGTON
CITY OF LAKE ELMO )
(eve
t , i> 1Let Seaubien
Merle G. Olson --
Fonda R. Olson —'
Edward trek
y �
Kathleenn F. Jurekurek
I hereby certify that I have compared the attached
copy of Resolution R-81-25 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 7, 1981, by the City Council, City of
Lake Elmo,
Laurence E . W zit-tafcer
r p City Administrator
ell
�se1)
11 TRM iER RNCORD
SZMIVGTOX COUl.TY, MinnOft
�R:�II<Dliq AUDITQR .
_5-
DAPU`PY
# Diii42 Of Cn;;n:'•'^,?rnrder ��
! wasNngtonCoumy.'•uo^esela
I here"", th,t the within instrument
was filed in this Ot'.;ce a: sl,hwater `:nr record on the
qt-h day of •71332a F.D., 19 81
at a - nn o'clock __A - M- and was duly recorded
@ in Wasisngton Courtly Records.
it ,B&C.r418959 JO A. FPAtiZEN
V /tyJRecorder
ap
D
R-81-24
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE FINAL PLAT OF F. J.
CROMBIE ESTATES.
WHEREAS, the City Council of the City of Lake Elmo has
previously considered and approved the preliminary plat of
F. J. Crombie Estates; and
WHEREAS, the Applicant has now presented to the City a
final plat which conforms to the approved preliminary plat
and meets the requirements of the City Subdivision Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo that the final plat of F. J. C.rombie
Estates which is now on file with the City Administrator, be
and the same hereby is approved and accepted subject to the
the following conditions:
1. The developers shall pay a park donation fee in an
amount deemed appropriate by the City.
2. The developer hereby agrees to assume and pay all
pass through costs incurred by the City in this matter.
Approved by the City Council this 7th day of April, 1981.
�,�'Lz'c.�, -max.- �� �•.�� ��'�.hl
Maynar L. Eder, Mayor
ATTEST:
Laurence Whittaker,
City Administrator
R81-23
RESOLUTION
CITY OF LAICE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION SUPPORTING EROSION CONTROL
IN THE REGIONAL PARK AND ENCOURAGING IM-
PROVEMENTS TO PROVIDE PERMANENT SURFACE
WATER STORAGE
WHEREAS, Washington County intends to construct
an erosion control device in the west branch of Eagle
Point Lake to control erosion; and,
WHEREAS, that facility, with slight modification,
could permanently control as much as 90 acre feet sur-
face water which contributes to flooding on Eagle Point
Lake and downstream; and,
WHEREAS, it is the policy of the City of Lake Elmo
and the Valley Branch Watershed District to control flood-
ing, contribute to ground water recharge, limit erosion,
provide an alternative to large, expensive surface water
collection and discharge system, and reduce the impact of
lake level fluctuations in the Regional Park and downstream
environs;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Lake Elmo that:
1, The City of Lake Elmo supports the construction
of the erosion control device of the west branch
of Eagle Point Lake; and,
The City of Lake Elmo recommends and encourages
Washington County to modify that facility so
that it might contribute to the over-all manage-
ment of surface water run-off in the Valley
Branch Watershed District by providing permanent
storage behind the erosion control device.
ADOPTED this the 7th. day of April, 1981, by the
City Council of the City of Lake E mom Washington County,
Minnesota.
Signed:�`������
Mayn d Eder, Mayore�J
ATTEST:
yu w.u� �
Laurence E. Whittaker
City Administrator
R-81-22
RESOLUTION
CITY OF LAKE ELMO
WASIIING`.PON COUNTY, MINNESOTA
A RESOLUTION PERMITTING THE WASH.I.NGTON COUNTY H.A.A. 'TO
ACT AS THE OFFICIAL AUTHORITY IN THE CITY OF' LAKE ELMO.
WHEREAS, the Washington County H.R,A. is duly formed and
operating; and,
WHEREAS, the Washington County H.R.A. is making application
to the Department of. Housing and Urban Development for the Section 8
Housing Assistance Payment Program; and,
NOW, THEREFORE, BE IT RESOLVED, that the City of Lake Elmo
does hereby agree to the following:
1. That for the purposes of H.U.D.'s Section 8 housing
Assistance Payment Program, the Washington County
H.R.A. shall. be permitted to act as the official
authority within the corporate boundaries of the
City of Lake Elmo.
2. That the City of Lake Elmo shall have the right to
monitor and avise the County H.R.A. on Section 8
existing activities within the City.
3. That the City of Lake Elmo shall not be legally
responsible for the actions of the County H.R.A.
or incur any charge as a result: of this program.
Morgan moved, seconded by Fraser, to adopt R-81-2.2, A
Resolution Permitting the Washington County H.R.A. To Act As
The official Authority In the City of Lake Elmo. Motion carried
5-0.
Adopted, this the 7th day of April., 1981, by the City Council
City of Lake Elmo, Washington County, Minnesota.
ATTEST:
SIGNED:
Mayn d'-Lc1.er, ayor
Laurence E. Wk� l�taker, City Adm.ix�istrator
R-81-21
RESOLUTION
CITY OF LAKE EL140
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ADOPTING ASSESSMENT ROLL. FOR
BEUTEL POND DRAINAGE IMPROVEMENTS.
WHEREAS, pursuant to proper notice duly given as re-
quired by law, the City Council has met and heard and passed
upon all. objections to the proposed assessment .for the Beutel
Pond drainage improvements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Lake Elmo, Minnesota:
1. Such proposed assessment, a copy of which is attach-
ed hereto and made a part hereof is hereby accepted and shall
constitute the special assessment against the lands named there-
in, and each tract of land therein included hereby found to be
benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be paid on or before October
1, 1981, or it shall be added to the real estate taxes due
and, payable in the year 1982.
3. On or before October 10, 1981, the Clerk shall
transmit a certified duplicate of this assessment to the County
Auditor so that any portions of this assessment which are unpaid
at that time can be extended onto the proper tax lists of the
County and such assessments shall be collected and paid over in
the same manner as other municipal. taxes.
1981.
Adopted by the Council. this- 7 day of. Aril
_ -
Magna L. E er, Mayor
ATTEST:
Laurence Whittaker _ `�-
City Administrator
R-81- 20
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RELATING TO A PROPOSED PROJECT UNDER THE
MUNICIPAL INDUSTRIAI, DEVELOPMENT ACT; CALLING FOR A PUBLIC
HEARING, THEREON.
BE IT RESOLVED, by the City Council of the City of
Lake Elmo, Minnesota, as follows:
Section 1. Recitals.
1..01 Lake Elmo Associates, Ltd., a Limited Partnership
under the: laws of the State of Minnesota (hereinafter the
Borrower), has advised this Council of its desire to acquire
approximately 3.2 acres of land in the municipality and to
construct and equip thereon a facility to be leased by Borrower
to various business enterprises for use as business offices.
1.02 The Municipality is authorized by Minnesota
Statutes, Chapter 474 (the Act), to issue its revenue bonds to
finance capital projects consisting of properties used and useful.
in connection with a revenue -producing enterprise. The Borrower
has requested that the Municipality issue its revenue bonds in
an amount not exceeding $400,000.00 to finance a portion or all
of the cost of the Project.
Section 2. Public Heari
2.01 Section 474.01, Subdivision 7b of the Act requires
that prior to submission of an application to the Minnesota Commissioner
of Securities requesting approval of the Project as required by
Section 474.01, Subdivision 7 of the Act, this Council shall conduct
a public hearing on the proposal to undertake and finance the
Project. Pursuant to that provision, a public hearing on the
proposal to undertake and finance the Project is called and shall
be held on May 5, 1981, at 7:30 o'clock p.m. in the City Hall.
2.02 The Administrator shall cause notice of the public
hearing to be published in the official newspaper of the Municipality
and in the Washington County Review, a newspaper of general
circulation .in the Municipality, at least once not less than
fifteen (15) nor more than thirty (30) days prior to the date
fixed for the hearing, such notice to be in substantially the
following form:
I
-2-
NOTICE OF PUBLIC HEARING ON A PROPOSED
PROJECT AND THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS
UNDER THE MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT, MINNESOTA STATUTES,
CHAPTER 474, AS AMENDED
CITY OF LAKE ELMO, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City
of Lake Elmo, Minnesota, will meet on May 5, 1981, at 7:30
o'clock p.m., in the City Hall, 33rd Street and Laverne Avenue,
in the City of Lake Elmo, Minnesota, for the purpose of conducting
a public; hearing on a proposal that. the City issue revenue
bonds, in one or more series, under the Municipal Industrial
Development Act, Minnesota Statutes, Chapter 474, as amended,
in order to finance the cost of a project. The proposed
project will consist of the acquisition of .land in the City and
the construction and equipment thereon of a facility to be
used as business offices and leased by the owners to various
business enterprises for that purpose.
The estimated total amount of the proposed bond issue
is $400,000.00. The bonds shall. be limited obligations of the
City, and the bonds and interest thereon shall be payable solely
from the revenue pledged to the payment thereof, except that such
bands may be secured by a mortgage and other encumbrance on the
project. No holder of any such bonds shall ever have the
right to compel any exercise of the taxing power of the City
to pay the bonds or the .interest thereon, nor to enforce payment
against any property of the City except the project.
A draft copy of the proposed application to the Minnesota
Commissioner of Securities for approval of the Project, together
with all attachments and exhibits thereto, is available for
public inspection at the office in the City of Lake Elmo between
the hours of 8:30 a.m. and 4:00 p.m.
A11 persons interested may appear and be heard at the time
and place set forth above.
Dated: April 8, 1981.
BY ORDER OF THE CITY COUNCIL
By 4UA /V1_V �W 61 C
Laurence Whittaker
City Administrator
2.03 A draft copy of the proposed application to the
Minnesota Commissioner of Securities, together with all
attachments and exhibits thereto, are hereby ordered place
on file with the City Administrator., and shall be available
for public inspection, following the publication of the Notice of
Public Hearing, between the hours of 8:30 a.m. and 4:00 p.m.
on Monday through Friday.
Adopted this 7th day of April, 1981.
ATTEST:
Qal'-
Laurence Whittaker.
City Administrator
Maynarg7 L. Eder, Mayor
-3-
81279
81280
81281
81282
81283
81284
81285
81286
81287
81288
81289
8k290
81291
81292
81293
81294
81295
81296
81297
81298
81299
81300
81301
81301
81302
81303
81304
81305
813o6
81307
81308
81309
81310
81311
81312
81313
8P14
CLAIMS TO BE APPROVED AT APRIL 7, 1981 COUNCIL MEETING
No. Central A.k'.W.A. - Water school Bob & Ken
Petty Cash - Postage & Misc. Supplies
Laurence Whittaker - April Expense
Kathleen Crombie - PZC Secretary
Washington National Insurance Co.
Allied Group Insurance Trust
Minn. Benefit Assn
Unitog - Work Clothes
Eastern Uniform Co., Inc.
G. A. Meyer Mercantile - Fire Dept.paint
General
N.S.P.
Glass Service Co. - Repair windshield - fire
International Conference of Bldg. Officials -
Minn. City Management Ass'n
Washington Cty. Surveyors Office - Maps
Four Seasons Services
$ 317.76
149.34
dep't
Dues
Volunteer Firemen's Benefit Assn - new members (2)
International Harvester - parts
Pitney Bowes
Vern's GTC Parts
Northwestern National Bank of Mpls. - Sewer Bond
TKDA - General $ 229.49
Pass Thru 655.28
Watermain extension 1,114.53
M.S.A. 165.90
201 Study 199.08
Mollie Hedges 3/24/81 newsletter
Washington County - Due on 1980 Police Contract
Carlson Tractor & Equipment
Copy Duplicating - Maintenance Agreement on Copy Machine
Northwestern Bell
Metro Waste Control Commission
Hazard Monthly - 1 year subscription - Civil Defense
Renate Paulsen - Mileage & Expense
Lampert Building Center - Hockey Boards
Oakwood Animal Hospital
Gerald Dahlberg - March animal patrol
Lake Elmo Oil - Fire Dep't 238.59
General -Diesel 235.90
Gordon Iron & Metal - 820' Pipe - gate
Pegboard Accounting - Office Supplies
Bruce Rosenau - March mileage
Total
81315 thru 81325 April 14th payroll
90.00
34.64
50.00
50.00
458.43
105.62
26.4o
186.10
172.40
467.10
1,295.36
185.11
50.00
15.00
2.00
22.20
12.00
152.01
42.75
66.00
5,923.75
2,364.28
175.00
2,761.00
10.00
26o.00
138.44
125.92
16.00
146.22
1,760.91
140.50
273.00
474.49
123.00
14.87
98.75
18,289.25
4,500.00
$ 22,x89.25