HomeMy WebLinkAbout07-21-81 CCMLAKE ELMO CITY COUNCIL - July 21, 1981
Mayor Eder called the meeting to order at 7:10 p.m.
PRESENT - Fraser, Morgan, Mottaz, Novak; City Administrator Whittaker.
AGENDA - Motion was made to adopt the agenda as amended; seconded and
carried.
MINUTES - Novak moved the June 30 public hearing minutes be accepted as
written. Mottaz seconded; motion carried (4 ayes). Eder moved the
July 7 minutes be accepted as amended:
Page 7, second to last line, and page 8, "Ffaser.Mottaz moved, .
. . Motion carried 5-9 4-0 (Fraser abstained).
Fraser seconded; motion carried (4 ayes).
CLAIMS - Novak moved approval of Claims 81561 thru 81597 (81597 was
additional, Fire Chief's Conference, $75). Fraser seconded; motion
carried (4 ayes).
INTERFUND AUDIT ADJUSTMENTS - After discussion and upon recommendation
of the auditor, Fraser moved to adopt Resolution 81-53*:
A RESOLUTION ORDERING INTERFUND AUDIT ADJUSTMENTS.
Mottaz seconded; motion carried (4 ayes).
Whittaker noted that 2nd sheet of resolution, "City of Lake Elmo Fund
Balances," should be titled "Adjusting the Reserve Balances in the
{ General Fund." To be transferred from General Fund to Building Reserve
are $131,071.13 from road find. in order to merely straighten out
books (other funds have already been designated into reserve). This
item deferred to next meeting.
(Morgan arrived.)
EMS SUBSIDY - Tom Cropp, owner of Stillwater Ambulance, was present to
solicit contract ($3,028.00 for balance of 1981) with Lake Elmo to
subsidize ambulance/emergency services with his Company due to County
formula change in funding. (REF: Whittaker memo to City Council re
7/21/81 City Council Agenda.) Mr. Cropp pointed out that he loses
about $5,o00-$6,000 a year making uncollectable runs to Lake Elmo, or
about 20% of runs to ALL areas. Comments:
.Whittaker - Lake Elmo is not in the business of financing Medicare,
welfare clients, etc; money should come from the State.
...Cropp answered question that Federal and State grant money was
stopped (for equipment, etc), but not money for services.
..:Fraser - How can we use money that is already appropriated? We
should speak emphatically to County and apply appropriate pressure
to County to dispense money from their level.
...Mottaz - County is passing the buck.
General consensus of Council was that more information should be
( provided to make contract decision—i.e. how money is presently being
spent; total amount of Country distributed dollars; collections from
Lake Elmo in 1979, 1980, 1st half 1981; total number of uncollectable
* attached.
LAKE ELMO CITY COUNCIL - 7/21/81 Page 2
calls, broken into welfare, Medicaid, etc; and loss dollars. Whittaker
will supply this list of information needed to Cropp for his input.
Mottaz moved that EMS Subsidy discussion be deferred to 8/4/81 meeting.
Morgan seconded; motion carried (5 ayes).
DEMONTREVILLE ACCESS_
A. Tow -away Zones (REF: Whittaker memo to City Council re agenda) -
Comments were:
...Gary Swanson, Deputy Sheriff - noted that 45 tickets have come
back from Clerk of Court in last 2 months, with others outstanding.
...Whittaker - Tow -away zone unduly ties up officers' time and
doesn't accomplish what we want.
...Fraser - Let it go as is.
...Greg Fouks (7864 Demont. Tr.) - Even with tow -away, problem is
still there; if access not barricaded, seriousness of problem
will increase.
...James Ruppecht (7910 Demont. Tr.) - Takes acception to "not very
many repeaters"; number of tickets issued shows problem is bigger
than we thought. Ticketing is not doing the job; if towing is too
hard, barricade is even more important.
...Gary Swanson - Guideline he Uses for issuing tickets is that if
previous officer has tagged vehicle, he'll tag it again but will
not tag his own tickets twice.
...Fraser - Since. County Courtssets fines, County could review their
fines for possible increases.
...Whittaker - Cost for barricades is expensive; possibility that DNR
will provide parking soon. In order to put up tow -away signs, we
have to ask County Board, and if County Sheriff doesn't support
that request it won't go anywhere.
...Mottaz - Has inquiry been made of County Engineer to put up post
and cable? (Whittaker - haven't talked to him yet.)
Whittaker will pursue this problem with the County, and cable will be
pursued.
B. DNR Acquisition_- Mottaz moved Resolution 81-54*:
A RESOLUTION RECOMMENDING THAT THE MINNESOTA DEPARTMENT OF NATURAL
RESOURCES CONDEMN LOT 6, DEMONTREVILLE HIGHLANDS, 5TH ADDITION,
FOR A PUBLIC LAKE ACCESS.
Morgan seconded. Discussion:
...Whittaker - Best route to go, according to DNR official, would
be to have Kubicheck agree to friendly condemnation. Otherwise
Commissioner of DNR would have to recommend "non -friendly"
condemnation to Executive Committee (Governor, Attorney General,
& State Auditor -included), and there's remote possibility for
approval of condemnation.
( MbrSan - should provide only the minimum number of parking places
that DNR standards allow.
* attached
LAKE ELMO CITY COUNCIL - 7/21/81
Page 3
...Whittaker - If parking places designed according to their present
( standards (500 sq.ft. ea car -with -trailer and 200 sq.ft. ea car),
they would cover less than a quarter of the lot if they used 23
cars. Might be wise to provide 10 additional places for fishermen.
...David Garloff (7856 Demont. Tr.) - As we've discussed before,
we're talking about 13 spaces for vehicles w/trailers, knowing
that some people are bringing their boats without a trailer, so
we're actually providing parking for more than 13. We're expecting
a certain configuration from DNR; we should make sure that we
get that. If Council does anything outside that configuration,
believes it'll be a disservice to the people in that area.
...Eder - We're aware of the concerns of area residents; We know once
we get past the condemnation, we have to have a better sketch plan.
Eder has said he wanted DNR to move on the plan; if not, we would
think about closing the access... this fall.
No further discussion; motion carried (5 ayes).
KRAMER VARIANCE - Mottaz moved that a variance be granted to Evelyn
Kramer to replace destroyed garage —including variance for sideyard
setback, distance between proposed building and road, and acknowledging
that it has no impact on drainage. Novak seconded; motion carried
(5 ayes).
Whittaker will notify east neighbor (Schwartz) of variance including
sideyard setback, and hold permit until his approval.
SEWER SYSTEM ON CITY LOT. LEMIRE - Council feels two options are open:
(a) sell it or deed it with provision that drainfield/on-site sewer
could be put on property by someone else, or (b) retain ownership and
give neighbors easement. Jerry LeMire expressed willingness to buy
land and give right to someone else to put drainfield-on property
if necessary.
Mottaz moved that Lake Elmo sell the property and maintain easements
for additional drainfields. Morgan seconded. Mottaz withdrew motion.
Mottax moved that item be tabled until next 'meeting pending more
information —copies of plat, land value, asking price, liability to
City, etc. Novak seconded; motion carried (5 ayes).
INDUSTRIAL REVENUE BONDS, Brookfield II Project, Final Action) -
Fraser moved passage of Resolution 81-55*:
RESOLUTION AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF A
PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AND THE SALE AND ISSUANCE OF A COMMERCIAL DEVELOPMENT REVENUE
NOTE TO FINANCE THIS PROJECT, AND APPROVING AND AUTHORIZING THE
EXECUTION OF VARIOUS DOCUMENTS.
Novak seconded; motion carried (5 ayes).
attached
LAKE ELMO CITY COUNCIL - 7/21/81
Page 4
ENGINEER'S REPORT, Larry Bohrer
A. Drainage Study, Old Village - Bohrer presented proposal for
drainage study in Old Village area of Downs Lake Watershed.
(REF: ltr dated 7/17/81 and attachments to Honorable Mayor & City
Council, Lake Elmo, MN from Larry D. Bohrer, P.E..)
...Fraser - recommended that Bohrer mail referenced letter to
people on the businessmen's committee; she'll supply addresses
to Bohrer and he agreed to mail out letters w/information.
...Eder - Suggested that Council should have been advised of proposal
prior to presentation.
.Fraser - What are ways in which this study could be financed?
...Whittaker - They're trying to decide if they want a petition for
this drainage project or to build a pond in the Brookfield
Addition. Could prepare typical assessment procedures; also previously
discussed was willingness of Brookfield people to pay at least as
much as it would cost to put in their own pond.
Raleigh is to come back to 8/4/81 meeting with response:
B. ; Kroy - No response yet to letter with 4 or 5 considerations.
Bohrer said the Watershed District had no concerns; they're willing
to grant permit as proposed.
( C. Tablyn Park II - Lake Elmo is withholding escrow of $750 for some
work in 1980 that they have yet to do (cleaning the sediments out
of one pond and seed banks). Eder - They're story is that it has been
cleared but settles back in. Letter is to be drafted.
D. Olinger Survey Whittaker suggested he notify Olinger to put
$125 in escrow before Larry proceed.
MSA PROJECT CALENDAR - "Proposed Schedule, 1981 MSA Improvements,
Lake Elmo, Minnesota" dated 7/21/81 was handed out to Councillors.
...Eder - Suggested Council make negotional 'review session with
all property owners, not to negotiate value but to show people
plan and seek their opinions. Frank Myers should be contacted
before he goes to Arizona, at least to set up negotiations.
...Bohrer - By September 1, we'd be ready to know exact dimensions
of the easement requirements and be prepared to start talking to
the property owners at that time.
...Whittaker - Plans have to be approved by State before any
negotiations take place.
Council was in agreement with Engineer's timetable for improvements—
i.e. project construction not to be started this fall, recommends
preparing plans and specs, letting & receiving bids this fall, start
early spring of 1982, and complete by mid summer.
BREAK - 9:30 to 9:45 p.m.
LAKE ELMO CITY COUNCIL - 7/21/81
Page 5
ARCHITECT, CITY OFFICE - Steve Erban of be Architects showed slides
regarding past projects. Price estimate given by Mr. Erban was a
maximum budget of $150,000 for a 3-phase, fixed fee contract:
Phase I - $2,500 to work through preliminary design —design
decisions, cost estimate, and "ghost working" drawings.
Phase II - $4,000 after approval by Council to finalize drawings.
Phase III - $,1,500, bid letting and supervision of construction.
Costs could be reduced (basically in area of materials), and alternatives
could be provided to that effect. Architectural plans would include
landscaping, parking area, and use of two buildings.
Eder said one other architectural firm would like to present their
proposal; Council could meet briefly with other firm at 8/4/81
meeting. Whittaker will list parameters we're trying to meet for
next meeting when decision will be made.
OLD BUSINESS
A. Sign Permit, Fairview Sign Company - Mottaz moved the sign be
denied because it does not meet standards. Morgan seconded;
motion carried (5 ayes). Written notice will be sent to Robert Hoster,
Fairview Sign Co., by Whittaker.
B. Huff'n Puff Liquor_License - Mottaz moved that the application
for a beer license be granted. Morgan seconded; motion carried
(5 ayes).
Whittaker will check with fire department to make sure arrangements
have been made for polka dancing in fire hall area.
C. Cable, T:V. -
1. Joint Powers Agreement - Whittaker had asked attorney if it
was okay if Council approved this subject to his recommenda-
tion (same Joint Powers Agreement considered a year ago; no problem
- with form of it).
Fraser moved Resolution 81-56*:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR
TO EXECUTE A JOINT POWERS AGREEMENT WHICH PROVIDES FOR
MEMBERSHIP IN THE RAMSEY/WASHINGTON COUNTY CABLE COMMUNICA-
TIONS COMMISSION.
Eder seconded; motion carried (4 ayes, Novak nay).
2. Appoint Representatives - Whittaker provided names of .citizens
who were interested in serving on commission. About 8 hours
a month would be involved in committee time (next meeting is August 13,
7:30 p.m., White Bear Lake City Hall). Decisions will be taken up
at 8/4/81 meeting so that representatives can attend 8/13 meeting.
3. Adopt Resolution - See C-1 above.
Whittaker said the Resolution on delegates not required,
* attached
LAKE ELMO CITY COUNCIL - 7/21/81
Page 6
BUDGET PRIORITIES & CALENDAR - Whittaker provided Councillors with
calendar, which members decided to read for next meeting. Morgan
suggested Whittaker draft a preliminary proposed budget for discussion
at next meeting.
RICHERT RECOGNITION - Date of August 28 or 29 was confirmed with Council
for Elmer Richert's retirement party at Ben's.
COUNCIL REPORTS
A. Councillor. Fraser - Personnel Committee met. Remaining jobs and
salaries - the administrator is polishing them up to give to the
Council. Next meeting we expect to deliver to you a package with those
job descriptions.we thought should be changed with salary recommenda-
tions for inclusion into the budget and, in addition, the job description
for position of Foreman/Superintendent of the Maintenance Department.
B. Councillor Morgan - Novak moved the closing hours for all parks
be 10:00 p.m., and tennis courts 11:00 p.m. Mottaz seconded;
motion carried (5 ayes).
ADMINISTRATOR'S REPORT
A. Council Booth at Huff'n Puff Days will be looked into next year.
B. Licenses: Mottaz moved that the following licenses be granted:
•,3.2 Beer License - Green Acres Recreation:
1) K-G Research, Inc., 6996 55th St. Nd'-,. St_. Paul, MN.55'1'09:_
(150 people 8/15/81, 11 a.m. - 11130 p.m.)
2) Deluxe Check Printers, 1020 W. Cty. Rd. F, St. Paul 55164
(300 people 8/1/81, 10 a.m. - 10 p.m.)
3) Burlington Northern Airomotive, Kevin.Swanson,
8810 55th-St. No., Lake Elmo
(150-200 people 8/16/81, 12 noon - 6 p.m.)
•-General._Contractors License:
1) Notch Building Systems,_660 Transfer Road, St. Paul 55114.
2) Schulz Builders, Inc., 4504 Wild Canyon Drive,
Woodbury, MN 55125•
• Excavating Contractor:
Maynard McManus, 2168 65th St. E.,
Inver Grove Heights 55075•
• Heating Installers License:
Hovaldt Heating & Air Conditioning,
16141 22nd Street No., Stillwater 55082.
( Morgan seconded; motion carried (5 ayes)
Discussed was liability of City in granting licenses to those without
insurance; question -already being pursued.
LAKE ELMO CITY COUNCIL - 7/21/81
Page 7
( C. Report on Adiustments to Inspector's Salary - Lake Elmo will be
paying two-thirds of the Inspector's pay for balance of 1981 (can
be readjusted monthly if necessary as contract calls out).
Eder moved that the share of salary be adjusted. Morgan seconded;
motion carried (5 ayes).
D. Letter from Cimmaron re: Surface Water Storage - To be put on
8/4/81 agenda.
E. Recommendation Vallev Branch Watershed District - Whittaker wanted
To know if there were any suggestions for Advisory Committee.
Morgan suggested item be put in newsletter in order to get someone
from central business district/residential area involved.
F. Land Acquisition - Whittaker provided list and map of lands to
be forfeited and auctioned off due to unpaid taxes; City is able to
get land for nothing if used for public purposes. Morgan moved that
Whittaker notify owners and users of properties in question that their
land.is to be forfeited... due to unpaid taxes, and the City would be
interested in acquiring land if they don't pay them. Mottaz seconded;
motion carried (5 ayes).
The meeting was adjourned at 10:22 p.m.
Submitted by:
Ilene Johnson, Acting Secretary.
LIST OF RESOLUTIONS ADOPTED
81-53 Re: interfund audit adjustments
81-54 Re: DNR condemnation for public lake access
81-55 Re: industrial revenue bonds
81-56 Re: Joint Powers agreement/membership
'had'
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR
TO EXECUTE A JOINT POWERS AGREEMENT PROVIDING FOR MEMBER-
SHIP OF THE CITY IN THE RAMSEY-WASHINGTON COUNTY CABLE
COMMUNICATIONS COMMISSION.
WHEREAS, the City of Lake Elmo has conducted various
discussions with the affected agencies regarding the possibility
of City membership in the proposed Ramsey -Washington County
Cable Communications Commission; and
WHEREAS, there appears to be significant benefit to the
City which would result from City membership in this body;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo as follows:
1. The Mayor and City Administrator are hereby authorized
and directed to execute the Joint Powers Agreement which
provides for membership of the City in the Ramsey -Washington
County Cable Communications System.
Adopted by the City Council this 21st day of July, 1981.
Maynard L. Eder, Mayor
ATTEST:
Laurence Whittaker, City
Administrator
R-81-47
-" RESOLUTION
CITY OF LAKE ELMO
WAS14INGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A VARIANCE FROM THE SIXTY PERCENT
RULE FOR LOT AREA FOR RICHARD GROBNER.
WHEREAS, Richard Grobner has made application to the City
of Lake Elmo for a variance from the sixty percent rule for
lot area on the following -described real estate located in
the City of Lake Elmo, Washington County, Minnesota, legally
described as follows, to -wit:
All that part of Lot Four (4), Block 'Three
(3) of Lake Elmo Park, in the Village of
Lake Elmo, Minnesota, described as follows:
Commence at the Northeast corner of Lot
4 of Block 3 of Lake Elmo Park as now -of
record and on file in the Office of the
Register of Deeds in and for the County of
Washington, State of Minnesota.; thence South
along the East lane of said Lot 4 for 366.2 feet
to the point of beginning of this description;
thence continuing on said East line of. Lot 4
for 153.9 feet; thence West at right angle for
125 feet; thence North at right angle for 153.9 feet;
thence East at right angle for 125 feet to the
point of beginning, and
WHEREAS, it appears the above -described parcel was at the
time of the application a separately described parcel of record;
and
WHEREAS, the parcel has two adequate drainfield sites and
over one hundred percent (100%) of -the average lot size area
in the neighborhood; and
WHEREAS, said parcel. meets all the requirements of the
City Code except the lot area requirement; and
WHEREAS, there does not appear to be any reason relating
to the public health, safety and welfare which would require a
( denial of said variance; and
WHEREAS; £fie parcel in question would be unbuildable
without the granting of the applied for variance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo as follows:
1. The application of Richard Grobner for a variance
on the above -described parcel be, and the same hereby is,
granted.
Adopted by the City Council of the City of Lake Elmo
this 7th day of July, 1981.
ATTEST,.,
Laurence Whittaker, City
Administrator.
Maynard./L. Eder, Mayor
-2-
R-81-49
I t
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION
OF PLANS AND SPECIFICATIONS AND CALLING BIDS.
WHEREAS, pursuant to Resolution of the City Council
adopted May 1.9, 1981, a report has been prepared by the
City Engineer with reference to the 1981. M.S.A. improvements
and this report has been received by the Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elmo as follows:
1. The 1981 M.S.A. improvements are hereby ordered
as proposed in the City Council Resolution adopted May 19,
1981, as Resolution R-81-38.
2. The City Engineer is hereby designated Engineer
for this improvement and he shall proceed to prepare plans
and specifications for the making of such improvement with
all deliberate speed.
3. The City Administrator shall, upon the receipt of
the plans and specifications from the Engineer, prepare and
cause to be inserted in the official City Newspaper and such
other newspapers as he shall deem appropriate, an advertisement
for bids upon the making of such improvement under such approved
plans and specifications.
Adopted by the City Council of the City of Lake Elmo this
7th day of July, 1981.
Maynaro/ L. Eder, Mayor
ATTEST:
IA I Tt
aurence Whittaker, City
Administrator
R81-51
RESOLUTION
CITY OF LAKE ELMO
,00 WASHINGTON COUNTY, MINNESOTA
A RESOLUTION CONFIRMING AN INCREASE OP $3,000 IN THE
CON ICTMEN7.'IDt THE CITY OF LARE ELM TOWARDS THE PRE-
LIMINARY FUND FOR PROJECT 1006
WHEREAS, the City of Lake Elmo authorized a petition for Valley Branch
Watershed District Project 1006 by Resolution R80-28A; and,
WHEREAS, the City of Lake Elmo limited its participation in the costs
of the Preliminary Fund for said project to $6,000 in the petition for said
project; and,
WHEREAS, the Board of Managers of the Valley Branch Watershed District
are confident the project will be ordered and find that an additional guar-
antee of $3,000 may be necessary to insure completion of the preliminary
studies and information to take this project to public hearing; and,
WHEREAS, the City of Lake Elmo believes the project is necessary and
the additional commitment is necessary to assure that the project is
ordered;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAID; EIS
THAT, the City of Lake Elmo hereby agrees to an additional commitment
of $3,000 for the Preliminary Fund for Valley Branch Watershed District
Pro ect 1006, which brings the total commitment of the City of Lake Elmo
to 19,000, should a project fail to be ordered.
ADOPTED, this the 7th day of July, 1981, by the City Council of
the City of Lake Elmo, Washington County, Minnesota.
SIGNED:
ATTEST:
La ence E. Whittaker, City Achnnistrator
R 81-53
R E S O L U T I O N
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING INTERFUND AUDIT ADJUSTMENTS
WHEREAS, the firm of Moen and Penttila, Ltd., Certified Public
Accountants, examined the financial statements of the City of
Lake Elmo for the year ending December 31, 1980; and
WHEREAS, the Council of the City of Lake Elmo accepted the resulting
audit report submitted by Moen and Penttila, Ltd.; and
WHEREAS, Moen and Penttila, Ltd. made certain recommendations in
their audit report:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Lake Elmo, County of Washington, State of Minnesota, authorized the
following Interfund Audit Adjustments:
FUND
GENERAL FUND
PARK - DEBT SERVICE FUND
WATER IMPROVEMENT BOND FUND
FLOOD ASSESSMENTS FUND
EQUIPMENT CERTIFICATE FUND
CAPITAL PROJECTS FUND
Totals
ADOPTED this the 21st day of July, 1981
ATTEST:
au( rr l�1,Q/41>( ( C� U
Laurence E. Whittaker
City Administrator
DUE FROM
OTHER FUNDS
$ 62,050.37
18,386.06
1,351.09
32,368.24
43,573.40
DUE TO
OTHER FUNDS
$ 95,678.79
37,185.17
24,865.20
$ 157,729.16 $ 157,729.16
SIGNED:
Mama&Mayna L. Eder, Mayor
P
R81-54
RESOLUTION
CITY OF LAKE ELM
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING CONDEMNATION OF LOT 6, BLOCK 1
DEMONTREVILLE HIGHLANDS 5TH ADDITION BY THE MINNESOTA
DEPARTMENT OF NATURAL RESOURCES FOR A PUBLIC LAIT ACCESS
AND PARKING AREA
WHEREAS, it is the stated policy of the DNR to acquire a
public access to Lake Demontreville; and the Lake Demontreville
access has been on the Metropolitan Council list of accesses for
immediate acquisition and development; and
WHEREAS, the public is taking access to Lake Demontreville
over an inadequate City access, which has created traffic hazards
and extreme nuisances to adjacent property owners and over private
property all along the westerly shore of Lake Demontreville causing
damage to the shore, the private property, and an extreme nuisance
and safety hazard; and,
WHEREAS, the City of Lake Elmo and the Minnesota Department
of Natural Resources (DNR) have been negotiating for access to Lake
Demontreville for over five years; and,
WHEREAS, the last remaining parcel of vacant land on or near
Lake Demontreville is now platted and under contract for new housing;
and,
WHEREAS, despite City, DNR, and public pressure, the DNR could
not reach agreement with the owner of Lot 6, Block 1, Demontreville
Highlands, 5th. Addition, on a purchase price; and,
WHEREAS, the present owner has stated his intention to develop
this lot in the immediate future; and,
WHEREAS, the DNR already owns land across the street from the
proposed parking area which is suitable for the public access but
not large enough for public parking; and,
WHEREAS, the rearing pond already acquired by the DNR is adjacent
to this property also;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LAKE ELMO
THAT, the City of Lake Elmo hereby requests that the Minnesota
Department of Natural Resources employ the power of eminent domain,
specifically authorized by the State Legislature for the purpose of
acquiring lake accesses, to acquire Lot 6, Block 1, Demontreville
Highlands, 5th. Addition for a public lake access parking area for
R81-54
Lake Demont-reville in the City of Lake Elmo.
ADOPTED, this the 21st., day of. July, 1981, by the City
Council, City of Lake E1mo,Washington County, Minnesota
SIGNED
Maynar, er, Mayor
AtTst:
W LA -A --to-. Ll _L-
Laurence Whittaker
City Administrator
C
CERTIFICATION OF MINUTES RELATING TO
$400,000 COMMERCIAL DEVELOPMENT REVENUE NOTE
(Brookfield II Project)
Issuer: City of Lake Elmo, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting,
held on �Ju�l.�.. ., 21 1981, at 7:00 o'clock P.M.,
at the City Hall
Members present: Mayor Eder, Councilmembers: Dave Morgan, Laura Fraser,
Jess Mottaz, Jeannie Novak
Members absent:
None
Documents Attached:
Minutes of said meeting (pages):
RESOLUTION NO. 81-55
RESOLUTION AUTHORIZING THE ACQUISITION AND
CONSTRUCTION OF A PROJECT UNDER THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE
SALE AND ISSUANCE OF A COMMERCIAL DEVELOPMENT
REVENUE NOTE TO FINANCE THE PROJECT, AND
APPROVING AND AUTHORIZING THE EXECUTION OF
VARIOUS DOCUMENTS
I, the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing
the bonds referred to in the title of -this certificate,
certify that the documents attached hereto, as described
above, have been carefully compared with the original records
of the corporation in my legal custody, from which they have
been transcribed; that the documents are a correct and
complete transcript of the minutes of a meeting of the
governing body of the corporation, and correct and complete
copies of all resolutions and other actions taken of all
documents approved by the governing body at the meeting,
insofar as they relate to said bonds; that the meeting was
duly held by the governing body at the time and place and
was attended throughout by the members indicated above, pursuant
to call and notice given as required by law; and that Resolution
No. 81-55 has not of this date been amended or repealed.
WITNESS my hand officially as such recording officer
this 23 day of July , 1981.
Laurence E. Whittaker
City Administrator
Member Laura Fraser
introduced the
following resolution and moved its adoption:
RESOLUTION No. 81-55
RESOLUTION AUTHORIZING THE ACQUISITION
AND CONSTRUCTION OF A PROJECT UNDER THE
MINNESOTA MUNICIPAL INDUSTRIAL DEVELOP-
MENT ACT AND THE SALE AND ISSUANCE OF A
COMMERCIAL DEVELOPMENT REVENUE NOTE TO
FINANCE THE PROJECT, AND APPROVING AND
AUTHORIZING THE EXECUTION OF VARIOUS
DOCUMENTS
BE IT RESOLVED by the City Council of the City of
Lake Elmo, Minnesota (the City), as follows:
1. It has been proposed that the City issue its
Commercial Development Revenue Note (Brookfield II Project)
(the Note), in the principal amount of $400,000, to finance
the cost of acquiring land and constructing and equipping a
facility thereon for use as a commercial office facility in
the City (the Project), on behalf of Lake Elmo Associates,
Ltd., a Minnesota limited partnership (the Partnership).
This Council gave preliminary approval to the proposal by
resolution duly adopted May 5, 1981. It is proposed that the
City issue the Note and loan the proceeds thereof to the
Partnership to provide funds to finance the costs of the
Project. The Partnership will -agree to make payments sufficient
to pay the principal of and interest on the Note. Pursuant
to the preliminary resolution and to document this financing,
the following documents relating to the Project have been
submitted to the Council and 'are now, or shall be placed,
on file in the office of -the City Administrator:
(a) a Loan Agreement (the Loan Agreement), proposed
to be made and entered into between the City and the Partner-
ship;
(b) an Assignment of Loan Agreement (the Assignment),
proposed to be made from the City to the First National Bank
of Stillwater (the Lender);
(c) a Construction Loan Agreement (the Construction
Loan Agreement), proposed to be made and entered into among
the City, the Lender and the Partnership;
(d) a combination Mortgage, Security Agreement and
Fixture Financing Statement (the Mortgage), proposed to be made
and entered into between the 'Partnership and the Lender; and
(e) a Form of Note.
2. It is hereby found, determined and declared
that:
(a) the Project to be financed constitutes a
"project" as defined in Minnesota Statutes, Section 474.02,
Subdivision la;
(b) the purpose of the Project is, and the effect
thereof will be, (i) to encourage the development of
economically sound commerce in the City, (ii) to increase
the tax base of the City and overlapping taxing jurisdictions,
and (iii) to provide additional employment opportunities for
residents of the City and surrounding areas;
(c) the Project has been approved by the Commissioner
of Securities of the State of Minnesota as tending to further
the purposes and policies of the Minnesota Municipal Industrial
Development Act (the Act);
(d) it is desirable that the Partnership be
authorized, in accordance with the .provisions of Minnesota
Statutes, Section 474.03(7), and subject to the terms and
conditions set forth in the Construction Loan Agreement and
Loan Agreement, which terms and conditions the City determines
to be necessary, desirable and proper, to provide for the
construction of the Project by such means as shall be available
to the Partnership and in the manner determined by the
Partnership, and with or without advertisement for bids as
required for the construction and acquisition of other municipal
facilities;
(e) it is desirable that the Note in the amount of
$400,000 be issued by the City to the Lender, and that the
City's interest in the Loan Agreement and the payments receiv-
able pursuant thereto be pledged to the Lender pursuant to the
Assignment as security for the payment of principal of and
interest on the Note;
(f) the payments required by the Loan Agreement are
fixed, and required to be revised from time to time as necessary,
so as to produce income and revenue sufficient to provide for
prompt payment of the principal of and interest on the Note,
and the Loan Agreement and Mortgage also provide that the
Partnership is required to pay all expenses of the operation
and maintenance of the Project including, but without limita-
tion, adequate property damage insurance thereon and insurance
against all liability for injury to persons or property arising
from the operation --hereof, and all taxes and special assessments
levied upon or with respect to the Project and payable during
the term of the Loan Agreement; and
(g) under the provisions of Minnesota Statutes,
Section 474.10, and as provided in the Loan Agreement and
Note, the Note is not to be payable from nor charged upon any
funds other than the revenue pledged to the payment thereof;
the City is not subject to any liability thereon; no holder
of the Note shall ever have the right to compel any exercise
of the taxing powers of the City to pay the Note or the interest
thereon, nor to enforce payment thereof against any property
of the City except the Project mortgaged by the Note; the Note
shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the City except the Project;
the Note shall recite that it is payable solely from the
revenue pledged to the payment thereof; and the Note shall
not constitute a debt of the City within the meaning of any
constitutional or statutory limitation.
3. The form of Loan Agreement, Assignment, Construc-
tion Loan Agreement and Note referred to in paragraph 1 hereof
are approved. Each such document, with such variations,
insertions and additions as the City Attorney may hereafter
deem appropriate, are directed to be executed in the name and
on behalf of the City by the Mayor and City Administrator.
In the absence or disability of the Mayor any of the documents
authorized by this Council to be executed shall be executed by
the Acting Mayor and in the absence of the City Administrator
by an officer of the City who in the opinion of the City Attorney
has authority to execute such documents. Copies of all of the
documents shall be delivered, filed and recorded as provided
therein. The form of Mortgage is also approved and the issuance
of the Note is hereby conditioned upon execution and delivery
of the Mortgage by the Partnership.
4. In anticipation of the collection of revenues
of the Project, the City shall proceed forthwith to issue the
Note in the principal amount of $400,000 to the Lender; which
is hereby authorized to disburse the proceeds to the parties
entitled thereto in payment of or reimbursement for costs of
the Project in accordance with the terms of the Construction
Loan Agreement and Loan Agreement.
5. The Mayor, City Administrator and other officers
of the City are authorized and directed to prepare and furnish
to the Lender and bond counsel certified copies of all proceed-
ings and records of the City relating to the Note, and such
other affidavits and certificates as may be required by bond
counsel, and approved by the City Attorney, to show the facts
relating to the legality and marketability of. the Note.
Approved: ' P• � 'L�
Mayor
At to s t : (Ra,vpW P
City Administrator
The foregoing resolution was duly seconded by
r Member Jeannie Novak , and upon vote being
t taken thereon, the following voted in favor:
Mayor Maynard Eder, Councilmembers: Dave Morgan, Laura Fraser,
Jess Mottaz, Jeannie Novak
and the following voted against the same:
None
whereupon the resolution was declared duly passed and adopted,
and was signed by the Mayor which signature was attested by
the City Administrator.
CLAIMS TO BE APPROVED AT JULY 21, 1981 COUNCIL MEETING
81561
State Treasurer - Building Surcharge
$ 901.47
81562
Comnissioner of Revenue - Minn. Sales Tax
31.64
81563
G. A. Meyer Mercantile - General $ 98.73
Park 87.33
186.06
81564
Lillie Suburban - Foreman ad
24.64
81565
St. Paul Dispatch - Foreman ad
57.60
81566
Metro Waste Control Commission - monthly charge
125.92
81567
Mollie Hedges - 7/14/81 newsletter
175.00
81568
Moen & Penttila - 10% of audit withheld
609.00
81569
City of North St. Paul - Animal Vehicle charge
125.00
81570
Lake Elmo Repair - Truck parts $66.36
Labor 20.00
86.36
81571
First National Bank of St. Paul - Helma Bond-
22,425.00
81572
Pegboard Accounting Controls - checks
129.87
81573
Capitol Electronics - Fire Dep't radio repair
54.48
81574
Lampert Building Center - Park repair picnic tables
9.40
81575
Washington County - 3rd Quarter Police Contract
14,997.50
81576
Lawson, Raleigh & Marshall - General $ 1,470.00
Pass Thru 18.00
1,488.00
81577
Moelter Construction - Gravel
86.12
81578
Vern's G.T.C. - Truck Battery
68.65
81579
International Harvester - Truck Parts
379.39
81580
Kern's North Star
115.09
81581
Brockman Motor Sales - Fire Dept truck repair
124.00
81582
Washington County Planning - Bldg. Insp.- L.E. $150.00
Mahto. 120.00
270.00
81583
A.M.M. - Levy Limit Seminar - 4 people @ $5.00
20.00
81584
Laurence Whittaker - Conference Balance
51.50
8158je thru 815967 July 24th payroll
4,500.00
:r
Total $
47,041.69