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HomeMy WebLinkAbout1981 ResolutionsParcel No 36-37245-2500 36-37245-2550 36-37254-2600 k36-37016-2200 36-37016-2205 36-37016-2210 36-37016-2220 36-37016-2300 36-37016-2350 36-37016-2548 36-37016-2650 36-37016-2700 36-37016-3000 36-37405-2000 36-37405-2100 36-37405-2250 36-37405-2350 36-37405-2400 36-37405-2450 36-37406-2050 36-37406-2100 Date of Resolution 4-7-81 Assessment Rate 93.38 Owner Address Assessment .Roll BEUTEL POND IMPROVEMENT LAKE ELMO, MINNESOTA Assessed Amount Bene- Q1ng Factor Factor S x I Gary Augustine Irvin Friedrich Ronald Duke Edwin Beutel Washington Cty. Joe.Rogersm Steven Primoli S#QPhen--Ge€k 9179 Jamaca Ct. No. 9434 Stillwater Blvd, 9184 Jamaca Ct. 8866 Stillwater Blvd. 11320 Upper 33rd. St. 3476 Jamaca Ave. $145.64 182.53 182.53 242.73 145.64 194.18 182.53 0.48 0.61 0.80 41.18 2.94 17.00 1.15 1.0 1.25 1.25 2.5 1.5 2.0 1.25 1.5 1.5 1.5 1.0 1.0 1.0 1.5 1.5 1.88 1.88 2.5 1.5 2.0 1.88 Lester VanScyoc Francis Husnik Chas. Anderson Lydia Richert Lavonne Richert 3412 Jamaca Ave. No. 815 Carla Lane, St.Pau155109 8633-34th. St. No. 3870 Jamaca 3812 Jamaca 182.53 291.27 145.64 194.18 145.64 0,54 54.36 6,85 16,32 3.29 3-2-r 1.25 3.0 1.5 2.0 1.5 dsF 1.5 1.0 1.0 1.0 1.0 1-86 1.88 3.0 1.5 2.0 1.5 3M Co. 291.27 57,5 3,0 1.0 3.0 Harvey Halvorson Michael Ritchie Michael Hilyar Gary Huelsman Thomas O'Donnell Eugene Eggert Dennis Geiger Gordon Johnson 3740 Jamaca 8938-37th. St. 8961-37th. St. 8939-37th. St. 8909-37th. St. 8891-37th. St. No. 8834-37th. St. No. 8804-37th. St. No. 182.53 145.64 182.53 145.64 145.64 182.33 145.64 182,53 0.86 0.43 0.86 0.43 0.43 1.68 0.45 0.89 1.25 1.0 1.25 1.0 1.0 1.25 1.0 1.25 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1,:'5 1.88 1.5 1.88 1.5 1.5 1.88 1.5 1.88 3-13-81 Combined with parcel #37016-2550 #37016-2600 #37016-2554 #37016-2750 & #37016-2900 #37405-2050 #37405-2300 #37406-2250 ASSESSMEMT ROLL BEUTEL POND IMPROVEMENTS LAKE ELMO, MINNESOTA Date of Resolution 4- 7- 81 Assessment Rate 93.38 3-13-81 Bene- Parcel No. Owner Address Assessed fitting S I Amount Area Factor Factor S x I combined with parcel *36-37015-4350 Irvin Friedrich 9434 Stillwater Blvd. $194.18 23.6 2.0 1.0 2.0 #37015-5300 36-37015-4400 Floyd Espelien 9340 Stillwater Blvd. 122.53 1.111 1.25 1.5 1.88 437015-5000 36-37015-4450 Peter Blomquist 3435 Jamaca 143.64 0.43 1.0 1.5 1.5 36-37015-4600 Jerome Bartel 3415 Jamaca 145.64 0.43 1.0 1.5 1.5 36-37015-4650 State of Minn. 145.64 0.05 1.0 1.5 1.5 36-30715-4750 Robert Schoenecker 9302 Stillwater Blvd. 145.64 3.86 1.5 1.0 1,5' #37015-5400 36-37015-4800 James Morris 3351 Jamaca 145.64 0.43 1.0 1.5 1.5 36-37015-4850 Richard Sanders 9038 Jamaca Ct. 145.64 0.43 1.0 1.5 1.5 *36-30715-4900 Mervin Nippoldt 3501 Jamaca 194.18 10.61 2.0 1.0 2.0 #37015-3050 `36-30715-5150 Robert Speltz 9250 Stillwater Blvd. 218.45 3.26 1.5 1.5 2.25 36-37015-5350 Robert Borglund 9402 Stillwater Blvd. 182.53 1.03 1.25 1.5 1.88 36-37015-5100 Stephen Chlebeck 9018-31st. St. 182.53 .54 1.25 1.5 1.88 # 37016-2250 36-37015-2600 Wm. Hughes 9038-31st. St. 182.53 1.04 1.25 1.5 1.88 36-37245-2000 Dennis Fitz- 9150 Jamaca Ct. 145.64 0.42 1.0 1.5 1.3 36-37245-2050 Bruce Kuettner 9130 Jamaca Ct. 145.64 0.43 1.0 1.5 1.5 36-37245-2100 Gary Hauser 9110 Jamaca Ct. 145.64 0.43 1.0 1.5 1.5 36-37245-2150 James Brockman 9090 Jamaca Ct. 145.64 0.43 1.0 1.5 1.5 36-37245-2200 Ronald Dornfeld 9060 Jamaca Ct. 145.64 .0.43 1.0 1.5 1.5 36-37245-2250 Gloria Schwanke 9165 Jamaca Ct. 145.64 0.4.3 1.0 1.5 1.5 36-37245-2300 Duane Robinson 9115 Jamaca Ct. 182.53 0.82 1.25 1.5 1.88 #37015-4362 36-37245-2350 Robert Krostue 9089 Jamaca Ct. 182.53 0.74 1.25 1.5 1.88 #37015-4358 36-37245-2400 Robert Lofgren 9055 Jamaca Ct. 182.53 0.65 1.25 1.5 1.88 #37015-4352 36-37245-2450 Terrance Prince 9033 Jamaca Ct. 182.53 0.57 1.25 1.5 1.88 #37015-4355 3-13-81 Assessment Roll BEUTEL POND IMPROVEMENT LAKE ELMO, MINNESOTA Date of Resolution 4-7-81 Assessment Rate Bene- S I S x I Combined with parcel Parcel No. Owner Address Assesses�]7 fitting Area Factor Factor mount 36-37406-2150 David Dufresne 8968-36th. St. $182.53 0.85 1.25 1.5 1.88 36-37406-2200 Arlyn Christ 8928-36th. St. 182.53 0.85 1.25 1.5 1.88 36-37406-2300 Mark Waldo 8838-36th. St. 182.53 0.85 1.25 1.5 1.88 36-37406-2350 Raymond Strege 8808-36th. St. 121.36 0.87 1.25 1.0 1.25 36-37406-2400 John Taylor 8801-37th. St. 182.33 0.72 1.25 1.5 1.88 36-37406-2450 Robert Moline 8831-37th. St. 182.53 0.54 1.25 1.5 1.88 36-37406-2550 Ronald Kuehn 8969-36th. St. 182.53 0.85 1.25 1.5 1.88 36-37406-2500 Glen Williamson 8861-37th. St. 145.64 0.35 1.00 1.5 1.5 36-37406-2600 Richard Quinn 8929-36th. St. 182.53 0.85 1.25 1.5 1.88 36-37406-2650 Clifford Anderson 8879-36th. St. 182.53 0.85 1-.25 1.5 1.88 36-37406-2700 Richard Ehlers 8839-36th. St. 182.53 0.85 1.25 1.5 1.88 36-37406-2750 Robert Winter 8809-36th. St. 121.36 1.04 1.25 1.0 1.25 TH 5 R/W State of Minn. 582.54 55.81 3.0 2.0 6.0 R/W C & NW RR 388.36 13.21 2.0 2.0 4.0 R/W Washington Cty. 291.27 3.32 1.5 2.0 3.0 *indicates "Green Acres" RESOLUTIONS 1981 R-81-16 A RESOLUTION ESTABLISHING THE FEES FOR LICENSES AND PERMITS REQUIRED BY THE 1975 MUNICIPAL CODE OF'THE CITY OF LAKE ELMO. R•-81-17 A RESOLUTION APPROVING THE RENEWAL OF A CONDITIONAL USE PERMIT TO OPERATE AN OPEN SALES LOT FOR MOBILE HOMES FOR PATTI HOMES, INC. R-81-18 A RESOLUTION ADOPTING ASSESSMENT ROLL FOR IRVIN COURT DRAINAGE IMPROVEMENTS. R-^81-19 A RESOLUTION ADOPTING ASSESSMENT ROLL FOR LEGION POND FLOOD RELIEF. R-81-20 A RESOLUTION RELATING TO A PROPOSED PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON. R-81-21 A RESOLUTION ADOPTING ASSESSMENT ROLL FOR BEUTEL POND DRAINAGE IMPROVEMENTS. R-81--22 A RESOLUTION PERMITTING THE WASHINGTON COUNTY H.R.A. TO ACT AS THE OFFICIAL AUTHORITY IN THE CITY OF LAKE ELMO. R--81-23 A RESOLUTION SUPPORTING EROSION CONTROL IN THE REGIONAL PARK AND ENCOURAGE IMPROVEMENTS TO PROVIDE PERMANENT SURFACE WATER STORAGE. R-81-24 A RESOLUTION APPROVING THE FINAL PLAT OF F. J. CROMBIE ESTATES. R-81-27 A RESOLUTION ADOPTING ASSESSMENT ROLL FOR LITTLE SUNFISH LAKE FLOOD CONTROL PROJECT. R-81-28 A RESOLUTION ADOPTING THE FINAL PLAT OF TARTAN MEADOWS. R.-81.29 A RESOLUTION GRANTING A SIMPLE LOT DIVISION TO ROBERT SCHOENECKER. R-81-30 A RESOLUTION OPPOSING THE SELECTIONOF THE LAKE ELMO REGIONAL PARK RESERVE AS A POSSIBLE SOLID WASTE LANDFILL SITE. R-81-32 A RESOLUTION REQUESTING A VARIANCE FOR CONSTRUCTION OF 30 MPH CORNERS ON 45TH STREET, JULEP AVENUE, AND 47TH STREET. R-81-34 A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. R-81-35 A RESOLUTION GRANTING AN EXTENSION OF PRELIMINARY PLAT APPROVAL FOR MIDLAND MEADOWS. R•-81A-36 A RESOLUTION GRANTING A SIMPLE LOT DIVISION TO LYDIA RICHERT, %** R-81-25--A Resolution Granting a Manor Subdivision for Everett Beaubien R-81-26--A Resolution ;authorizing the sale of General Obligation Equipment Certificates for Fire Dept. RESOLUTION 1981 R.-81-37 A RESOLUTION GRANTING A SIMPLE LOT DIVISION AND EASEMENT VACATION FOR GARY PECORE AND JOAN KANOATITZ, RT-81•-38 A RESOLUTION ORDERING THE ENGINEERS FEASIBILITY REPORT FOR 1981 M.S.A. IMPROVEMENTS. R-81--41 A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 1981.STATE AID IMPROVEMENT PROGRAM AND CALLING FOR A HEARING ON THE FEASIBILITY OF A PROJECT TO IMPROVE 45TH STREET, JULEP, 47TH STREET AND KEATS AVENUE 'FROM JANE ROAD NORTH TO STATE HIGHWAY 36 PURSUANT TO MINNESOTA STATUTES SECTION 429.011 TO 429.111. R-81-42 A RESOLUTION RELATING TO HUFF 'N` PUFFS DAYS IN THE CITY OF -LAKE ELMO. R-81-43 A RESOLUTION REQUESTING A VARIANCE FROM 30 MPH DESIGN SPEED ON 45TH STREET, JULEP AVENUE, AND 47TH STREET; AND REPEALING RESOLUTION 81-32, R-81-44 A RESOLUTION APPROVING ELECTION OF LAURENCE E. WHITTAKER TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION. R-81-45 A RESOLUTION AUTHORIZING AGREEMENT WITH CITY ADMINISTRATOR RELATING, TO DEFERRED COMPENSATION, R-•81-46 A RESOLUTION REQUE:BTING 1980-81 LOCAL PLANNI14C ASSISTANCE ENTITLEMENT GRANT FUNDS FROM THE METROPOLITAN COUNCIL. R-81-47 A RESOLUTION GRANTING A VARIANCE FROM THE SIXTY PEkCENT RULE FOR LOT AREA FOR RICHARD GROBNER. R-81-48 A RESOLUTION THANKING RENATE PAULSEN FOR HER WORK AS CIVIL DEFENSE DIRECTOR. R-81-49 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND CALLING BIDS. R-81-50 A RESOLUTION REQUESTING THE RENAMING OF LITTLE SUNFISH LAKE IN THE CITY OF LAKE ELMO TO LAKE ROSE, R-81-51 A RESOLUTION CONFIRMING AN INCREASE OF $3,000 IN THE COMMITMENT OF THE CITY OF LAKE ELMO TOWARDS THE PRELIMINARY FUND FOR PROJECT 1006. R-81-52 A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION.PLAN.,, R-81-53 A RESOLUTION ORDERING INTERFUND AUDIT ADJUSTMENTS. R-81-54 A RESOLUTION REQUESTING CONDEMNATION OR LOT 6, BLOCK 1 DEM.ONTREVILLE HIGHLANDS 5TH ADDITION BY TIIE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A PUBLIC LAKE ACCESS AND PARKING AREA. RESOLUTION 1981 R-81-56 A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR Repealed 10/20 TO EXECUTE A JOINT POWERS AGREEMENT PROVIDING FOR MEMBER- 81 SHIP OF THE CITY IN THE RAMSEY�WASHINGTON COUNTY CABLE COMMUNICATIONS COMMISSION. R-81-57 A RESOLUTION TRANSFERRING THE BALANCE FROM THE ROAD PROJECT FUND FROM THE UNDESIGNED RESERVES IN THE GENERAL FUND TO THE BUILDING CONSTRUCTION SINKING FUND IN THE GENERAL FUND. R-81-59 A RESOLUTION OFFERING APPRECIATION AND THANKS TO BRIAN CROMBIE FOR HIS CONTRIBUTION TO THE PLANNING COMMISSION FROM JANUARY 20, 1976 TO AUGUST 18, 1981. R-81-61 A RESOLUTION RELATING TO CERTAIN LOTS IN RUTH'S 1ST ADDITION TO LAKE ELMO. RESOLUTION 1981 R-81-81 A RESOLUTION URGING THE METROPOLITAN COUNCIL TO OPPOSE THE SELECTION OF THEi;IAKE ELMO REGIONAL PARK RESERVE AS A ROSSIBLE LANDFILL SITE AND URGING THE METROPOLITAN COUNCIL TO REQUIRE WASHINGTON COUNTY TO SUBMIT AT LEAST FOUR SITES FOR SOLID WASTE''LANDFILLS IN THE COUNTY R-81-82 A RESOLUTION REQUESTING CONDEMNATION OF LOT 6, BLOCK 1 DEMON- TREVILLE HIGHLANDS 5TH ADDITION BY THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A PUBLIC LAKE ACCESS AND PARKING AREA. R-81-83 A RESOLUTION AMENDING RESOLUTION 78-29 REGARDING THE USE OF PART OF JAMACA AVENUE RESOLUTIONS 1981 R-81-61A A RESOLUTION RESCINDING RESOLUTUION R-81-61 TO CORRECT A TYPOGRAPHICAL ERROR. R-81-62 A RESOLUTION ADOPTING BUDGET FOR 1982 AND LEVYING TAXES FOR THE YEAR 1982. R-81-63 A RESOLUTION COMMENDING R.OBERT WIER AND KENNETH CARROLL FOR THEIR EXTRAORDINARY EFFORTS IN THE ABSENCE OF A MAINTENANCE FOREMAN, R-81-64 A RESOLUTION WITHDRAWING AND DISMISSING THE PETITION FOR VALLEY BRANCH WATERSHED DISTRICT PROJECT 1006. R-81-65 A RESOLUITON AMENDING THE POLICY WITH RESPECT TO CONSIDERATION OF PROJECTS FINANCED UNDER THE MINNESOTA INDUSTRIAL DEVELOPMENT ACT (INDUSTRIAL REVENUE BONDS). R-81-66 A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE A JOINT POWERS AGREEMENT PROVIDING FOR MEMBERSHIP OF THE CITY IN THE RAMSEY-WASHINGTON COUNTY CABLE COMMUNICATIONS COMMISSION. R-81-67 A RESOLUTION REQUESTING A VARIANCE FROM 30 MPH DESIGN SPEED ON 45TH STREET, JULEP AVENUE, AND 47TH STREET. R-81-68 RESOLUTION GIVING PRELIMINARY APPROVAL TO PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY CONN-CO SHOES, INC. UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL---..-7 THEREOF. R-81-69 A RESOLUTION JEFFREY BURGOYNE A VARIANCE AND A PERMIT FOR CON- STRUCTION OF A SEPTIC SYSTEM AT A RESIDENCE OWNED BY HIM'"AT 2832 LEGION AVENUE NORTH WITHIN THE CITY OF LAKE ELMO LEGALLY DESCRIBED. R-81-70 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ARNOLD M. ENGSTRON FOR AN OPEN SALES LOT. R-81-71 A RESOLUTION APPROVING A SIMPLE LOT DIVISION FOR CARL AND DAN OLINGER. R-81-72 A RESOLUTION APPROVING A MINOR SUBDIVISION FOR GEORGE HEDGES. R-81-73 A RESOLUTION SUPPORTING THE EFFORTS OF WASHINGTON COUNTY TO TRANSFER THE COUNTY STATE AID HIGHWAY DESIGNATION FROM C.S.A.H. 17 TO CO. ROAD 70 IN LAKE ELMO, FROM C.S.A.H. 19 TO I-694 AND TO REALIGNED CO. ROAD 68 FROM C.S.A.H. 13 TO STATE HIGHWAY 36. R-81-75 A RESOLUTION ACCEPTING THE GRANT OFFER FROM THE STATE OF MINNESOTA FOR STEP I -FACILITIES PLAN-201. R-81-80 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO LEONARD HANSON FOR AN OPEN SALES LOT. R-81-1 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY., MINNESOTA A RESOLUTION ACCEPTING THE IMPROVEMENTS IN THE PLAT OF BROOKMAN ADDITION AND RELEASING THE REMAINING DEVELOPER'S BOND. WHEREAS, the Developer of Brockman Addition has completed all required improvements including the street, water and drainage improvements required under the Development Agreement between the City and said developer dated November 24, 1978; and WHEREAS, said improvements have been inspected by the City Engineer who has now recommended final acceptance of all said improvements; and WHEREAS, paragraph 3 of said Development Agreement provides that the developer shall warrant the workmanship and materials in said improvements for one (1) year after their acceptance; t NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to -wit: 1. The required improvements, including street, water and drainage constructed by the developer be, and the same hereby are, accepted by the City for maintenance subject to the said warranty as to workmanship and materials for one (1) year from the date of adoption of this Resolution. 2. The City acknowledges the installation of certain utility improvements by the developer and various private utilities in the plat of Brockman Addition; however, the City accepts no responsibility whatsoever for maintenance of these utility improvements. 3. The developer's bond or other security deposit which was previously reduced to the sum of $4,000.00 is hereby released, subject to the developer paying any remaining pass -through costs owed to the City of Lake Elmo. Adopted this 6th day of January, 1981, by the City Council of the City of Lake Elmo, Washington County, Minnesota. ATTEST: La rence Whittaker City Administrator e. gde"./ Mayn d L. Eder, Mayor -2- R-81-2 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING THOMAS G. ARMSTRONG FOR SERVICE TO THE CITY OF LAKE ELMO, AS A MEMBER OF THE PLANNING AND ZONING COMMISSION AND AS MAYOR OF THE CITY OF LAKE ELMO. WHEREAS, Thomas G. Armstrong, served the City of Lake Elmo as a member of the Planning and Zoning Commission from 1975 to 1976 and as a member of the City Council from 1977 to 1980; and, WHEREAS, the City Council of the City of Lake Elmo wishes to express its appreciation for his sincere creative efforts on behalf of the City of Lake Elmo; and his consistent good humor in the face of adversity; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo; THAT, Thomas G. Armstrong be and is hereby commended for his effort on behalf of the City of Lake Elmo; and, THAT, this City Council award a "Certificate of Appreciation to Thomas G. Armstrong for his devotion to the concerns of the City from 1975 to 1980. ADOPTED, this the 6th day of January, 1981, by the City Council, City of Lake Elmo. Ma'--harJ L. Eaer, Mayor ATTEST: Laurence E. Whittak6r, Administrator R-81-3 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING FRANCIS J. POTT FOR SERVICE TO THE CITY OF LAKE ELMO, AS A MEMBER OF THE PLANNING AND ZONING COMMISSION AND A MEMBER OF THE CITY COUNCIL, WHEREAS, Francis J. Pott, served the City of Lake Elmo as a member of the Planning and Zoning Commission from 1971 to 1972 and a member of the City Council from 1973 to 1980; and, WHEREAS, the City Council of the City of Lake Elmo wishes to express itsappreciation for his untiring efforts on behalf of the City of Lake Elmo; and his devotion to thrift in all matters and precision in policy; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo: THAT, Francis J. Pott be and is hereby commended for his effort on behalf of the City of Lake Elmo; and, THAT, this City Council award a "'Certificate of Appreciation" to Francis J. Pott for his devotion to the concerns of the City from 1971 to 1980. ADOPTED, this the 6th day of January, 1981, by the City Council City of Lake Elmo. Maynard L. Eder, Mayor ATTEST: Laurence E. Whittaker, aker, Administrator R-81-4A RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A MINOR SUBDIVISION TO FRANCIS DOWNS. WHEREAS, Francis Downs 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. The South 176.00 feet of the West 330.00 feet of the Northwest Quarter of the Northwest Quarter (NW4 of NW4) of Section Fifteen (15) , Township Twenty-nine (29) North, Range Twenty-one (21) West, Washington County, Minnesota, containing 1.33 acres, more or less. Subject to a Road Easement for Jamaca Avenue over the West 33.00 feet thereof. WHEREAS, it appears the above -described land was not at the time of the application separately described parcels of record 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 subdivision for said property, and; WHEREAS, the City Planning Commission considered the pro- posed minor subdivision on January 12, 1981, and recommended the approval thereof. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, as follows: 1. The application of Francis Downs for a minor sub- division is hereby granted. 2. The City Administrator is authorized to approve the recording of warranty deeds for the minor subdivision as described above. ADOPTED, by the City Council., City of Lake Elmo, this 20th day of January, 1981. ATTEST: ��t/0,4q_,t (A) LU6_m� Laurence Whittaker City Administrator Mayna d L. Eder, Mayor -2- R-81-5 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO A STEP I TREATMENT WORKS GRANT FOR THE CITY. WHEREAS, the City of Lake Elmo has received an offer from John McQuire, Regional Administrator for the Environ- mental Protection Agency, dated January 27, 1981, in the amount of $46,875.00 for a Step I Treatment Works Grant for said City; and WHEREAS, the City Council believes the State of Minnesota will offer the City 15% of the total project cost. NOW, THEREFORE, BE IT RESOLVE', by the City Council of the City of Lake Elmo as follows: 1. The offer from John McQuire, Regional Administrator of the Environmental Protections Agency, to the City dated January 27, 1981, in the amount of $46,875.00 for Step I Treatment Works Grant be and the same hereby is accepted on condition that the State of Minnesota assume 15% of the pro- ject costs. 2. The City Administrator is hereby authorized and directed to execute all documents necessary to complete this application and acceptance. 3. The Mayor and City Administrator are hereby author- ized to.execute an agreement for Engineering Services/with Toltz, Ki_ng,Duvall,Anderson And Associates, for Step I. Adopted by the City Council of the City of Lake Elmo this 3rd. day of March, 1981. e. rdtj --'Playa r L. c er , Mayor ATTEST: &,,,vim Qkkt)-�k__L� Laurence W ittaker City Administrator RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF THE PROPOSED ASSESSMENT ROLL AND ORDERING THE PUBLIC HEARING ON THE PROPOSED ASSESSMENTS FOR THE BEUTEL POND DRAINAGE IMPROVEMENT PROJECT. WHEREAS, the City has completed the Beutel Pond Drainage Improvement Project at a total cost of $10,362.76; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The cost of such improvement to be specially assessed is hereby declared to be $10,362.76. 2. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. A hearing shall be held on the loth day of March, 1981, in the City Hall at 8:00 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an oppor- tunity to be heard with reference to such assessment. 4. The City Administrator is directed to cause a Notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall shall state in the Notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two (2) weeks prior to the hearing. Adopted by the City Council of the City of Lake Elmo this 3rd day of February, 1981. ATTEST: Laurence Whittaker City Administrator ��e ffz"�/ _ Mayn d L. Eder, Mayor -2- R-81-7 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DECLARING THE COSTS TO BE ASSESSED, ORDERING PREPARATION OF THE PROPOSED ASSESSMENT ROLL, AND ORDERING A HEARING ON THE LEGION POND FLOOD RELIEF PROJECT. WHEREAS, the Legion Pond Flood Relief Project has been completed by the City of Lake Elmo at a total project cost of $7,867.54; and WHEREAS, an amount of fill material was taken from the City maintenance building by individual petitioners involved in this project and the removal of this fill material saved the City a considerable sum of money since the City did not have to contract to have this material removed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. A credit in the amount of $4,300.00 shall be applied against the total project costs for this project as a result of the savings to the City on the fill material removal. 2. The cost of this improvement to be specially assessed is hereby declared to be $3,567.54. 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. A hearing shall be held on the loth day of March, 1981, in the City Hall at 8:30 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an oppor- tunity to be heard with reference to such assessment. 5. The City Administrator is directed to cause a ( Notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the Notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two (2) weeks prior to the hearing. Adopted by the City Council of the City of Lake Elmo this 3rd day of February, 1981. ATTEST: * C� Laurence Whittaker City Administrator Maynaifo L. Eder, Mayor -2- RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DECLARING THE COSTS TO BE ASSESSED, ORDERING PREPARATION OF THE PROPOSED ASSESSMENT ROLL, AND ORDERING A HEARING ON THE SUNFISH LAKE FLOOD RELIEF PROJECT. WHEREAS, the Little Sunfish Lake Flood Relief Project has been completed at a total project cost of $20,319.75; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The cost of such improvement to be specially assessed is hereby declared to be $20,319.75. 2. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. A hearing shall be held on the loth day of March, 1981, in the City Hall at 9:00 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an oppor- tunity to be heard with reference to such assessment. 4. The City Administrator is directed to cause a Notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the Notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two (2) weeks prior to the hearing. Adopted by the City Council of the City of Lake Elmo this 3rd day of February, 1981. A TEST: Mayn6td L. Eder, Mayor .��z Laurence Whittaker City Administrator RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DECLARING THE COSTS TO BE ASSESSED FOR THE IRVIN COURT IMPROVEMENTS, ORDERING PREPARATION OF THE PROPOSED ASSESSMENT ROLL, AND CALLING FOR A PUBLIC HEARING ON THE PROPOSED ASSESSMENT. WHEREAS, the improvements to Irvin Court have been completed and the total project cost of the improvement is $9,231.24; and WHEREAS, the developer of Lake Jane Hills Third Addition has already paid $5,400.00 towards the costs of these improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The cost of such improvement to be specially assessed is hereby declared to be $3,831.24. 2. The City Administrator with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. A hearing shall be held on the loth day of March, 1981, in the City Hall at 9:30 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an oppor- tunity to be heard with reference to such assessment. 4. The City Administrator is directed to cause a Notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the Notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two (2) weeks prior to the hearing. Adopted by the City Council of the City of Lake Elmo this 3rd day of February, 1981. ATTEST: Laurence Whittaker City Administrator Q e. eze gJ MaynatO L. Eder, Mayor -2- R-81-10 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DECLARING THE ADEQUACY OF A PETITION AND ORDERING THE PREPARATION OF A REPORT ON THE PROPOSED WATER LINE EXTENSION FOR EARL C. GOERSS AND JULIE J. GOERSS. WHEREAS, a Petition has been received by the City of Lake Elmo signed by Earl C. Goerss and Julie J. Goerss requesting an extension of City water service to property owned by them, the address of which is 2641 Lake Elmo Avenue North; and WHEREAS, as a part of said Petition the Petitioners have agreed to be assessed for the costs of said improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota as follows: 1. The Petition requesting the extension of City water service to the residents located at 2641 Lake Elmo Avenue North, said Petition dated December 23, 1980, and signed by Earl C. Goerss and Julie J. Goerss, the owners of said property is made in conformity with Minnesota Statutes Section 429.035. 2. The Petition is hereby referred to the City Engineer who is instructed to report to the City Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the City Council of the City of Lake Elmo this 3rd L day of February �, 1981. t" eA-11) Maynarff L. Eder, Mayor ATTEST: La rence Whittaker City Administrator R-81-11 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT OF TARTAN MEADOWS. WHEREAS, Mr. Willard Morton, as owner, filed a Preliminary Plat for the proposed subdivision of Tartan Meadows for approval by the City of Lake Elmo prior to incurring engineering and other expenses for design of streets, utilities, and storm water controls and for the preparation of a plat; and WHEREAS, the Preliminary Plat of the proposed subdivision, now on file with the City Administrator, has been reviewed by the City staff and considered at a public hearing by the City Planning Commission all as required by the applicable portion of the City Ordinance; and WHEREAS, the City Council has considered said Preliminary Plat, the recommendations of the City Planning Commission and the recommendations of the City staff thereon; and WHEREAS, the City Council has determined; 1. The Preliminary Plat for the proposed subdivision now on file with the City Administrator is not, in any way, inconsistent with the public health, safety and welfare. 2. The Preliminary Plat for the proposed subdivision is consistent with the City's Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and other applicable regulations: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the Preliminary Plat for Tartan Meadows Subdivision as filed with the City Administrator is hereby approved subject to the following conditions: 1. The developer shall provide a temporary cul-de-sac at the West end of 12th Street. 2. The developer shall dedicate the area shown as a drainage easement including at least 1.5 acres of land above the flooded area as defined by the City Engineer. 3. The developer shall pay the sum of $2,735.64 for the park donation required by the City. 4. The approval of the Preliminary Plat for Tartan Meadows Subdivision is limited to those matters set forth in the Preliminary Plat and does not constitute approval of the design standards for any of the streets or other public improvements required by the City Subdivision Ordinance. 5. Detailed engineering data as required by the City Engineer for evaluating a surface water drainage plan and a road and utilities plan shall be submitted to the City Engineer or prepared by the City Engineer at developer's expense as a pass -through cost. 6. In addition to detailed engineering data as required by the City Engineer, the developer shall submit such data as is required to be submitted with a plat under the provisions of the applicable City Ordinance. 7. The developer shall dedicate for park purposes an area to be defined by the City Engineer of at least 3.7 acres in size. Said area shall be used for park, drainage and ponding. Adopted by the City Council this 17th day of February, 1981. ATTEST: Co LL Laurence Whittaker City Administrator J Maynar Eder, Mayor -2- R-81-12 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DECLARING THE ADEQUACY OF A PETITION AND ORDERING THE PREPARATION OF A REPORT ON THE PROPOSED WATER LINE EXTENSION FOR CLARENCE W. URTEL AND EMILY C. URTEL. WHEREAS, a Petition has been received by the City of Lake Elmo signed by Clarence W. Urtel and Emily C. Urtel requesting an extension of City water service to property owned by them the address of which is 2575 Lake Elmo Avenue North; and WHEREAS, as a part of said Petition the Petitioners have agreed to be assessed for the costs of said improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota as follows: 1. The Petition requesting the extension of City water service to the residents located at 2575 Lake Elmo Avenue North, said Petition dated February 17, 1981, and signed by Clarence W. Urtel and Emily C. Urtel, the owners of said property is made in conformity with Minnesota Statutes Section 429.035. 2. The Petition is hereby referred to the City Engineer who is instructed to report to the City Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the City Council of the City of Lake Elmo the 17th day of February, 1981. dh",j "d. e'&-) Mayn rd L. Eder, Mayor ATTEST: t Laurence Whittaker City Administrator R-81-13 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT OF F. J. CROMBIE ESTATES. WHEREAS, Veronica M. Crombie, as owner, filed a Preliminary Plat for the proposed subdivision of F. J. Crombie Estates for approval by the City of Lake Elmo prior to incurring engineering and other expenses for design of streets, utilities, and storm water controls and for the preparation of a plat; and WHEREAS, the Preliminary Plat of the proposed subdivision, now on file with the City Administrator, has been reviewed by the City staff and considered at a public hearing by the City Planning Commission all as required by the applicable portion of the City Ordinance; and WHEREAS, the City Council has considered said Preliminary Plat, the recommendations of the City Planning Commission and the recommendations of the City staff thereon; and WHEREAS, the City Council has determined: 1. The Preliminary Plat for the proposed subdivision now on file with the City Administrator is not, in any way, inconsistent with the public health, safety and welfare. 2. The Preliminary Plat for the proposed subdivision is consistent with the City's Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and other applicable regulations: NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Lake Elmo that the Preliminary Plat for F. J. Crombie Estates Subdivision as filed with the City Administrator is hereby approved subject to the following conditions: 1. Approval of the drainage plan by the Valley Branch Watershed District; 2. Approval of the right-of-way width for Demontreville Trail from the Washington County Highway Department; 3. Approval of the City Attorney for the form of deed or covenant assuring the outlets conveyed with these two lots will not be sold separately; and 4. Developer must provide a drainage easement on Lot Two (2) for future ponding of surface water. Adopted by the City Council this 17th day of February, 1981. ATTEST: Laurence Whittaker City Administrator 'e e. .04, 'j MaynaiA L. Eder, Mayor IT -2- R-81-- 14 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT DIVISION FOR LOT 1, BLOCK 2, BROCKMAN ADDITION. WHEREAS, the owners of Lot 1, Block 2, Brookman Addition have made application to the City of Lake Elmo for a simple lot division on the above parcel into two tracts legally de- scribed as follows, to -wit: PARCEL "A" The north 350.18 feet of Lot 1, Block 2, BROOKMAN ADDITION, as measured at a right angle to the north line of said Lot 1, according to the plat of record in the Office of the County Recorder, Washington County, Minnesota, containing 140,356 square feet, more or less. PARCEL "B" That part of Lot 1, Block 2, BROOKMAN ADDITION according to the plat of record in the Office of the County Recorder, Washington County, Minnesota which lies South of the north 350.18 feet of said Lot 1, as measured at a right angle to the north line of said Lot 1, containing 65,340 square feet, more or less. WHEREAS, it appears the above -described land was not at the time of the application 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 this simple lot division; and WHEREAS, the City Planning Commission considered the pro- posed simple lot division on February 23, 1981 and recommend- ed the approval thereof. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. The application of the owners of Lot 1, Block 2, Brook - man Addition for a simple lot division be and the same hereby is granted. 2. The City Administrator is authorized to approve the recording of Deeds for the above -described parcels. Adopted by the City Council of the City of Lake Elmo this 3rd day of March, 1981. ATTEST: Laurence Whittaker City Administrator Maynaid L. Eder, Mayor -2- R-81-15 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO THE LAKE ELMO AVENUE WATER MAIN EXTENSION; PROJECT 81-1. WHEREAS, a Petition has been received by the City of Lake Elmo signed by Gene M. Peltier requesting an ex- tension of City water service to property owned by him the address of which is 2443 Lake Elmo Avenue North, Lake Elmo, Minnesota; and WHEREAS, as a part of said Petition the Petitioner has agreed to be assessed for the costs of said improve- ments; WHEREAS, at the request of the City Council of the City of Lake Elmo a report has been prepared by the City Engineer with reference to the Water Main Extension on Lake Elmo Avenue; including the service to Gene M. Peltier;, and this report was received by the City Council on March 3, 1981 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota as follows: 1. The Petition requesting the extension of City water service to the resident located at 2443 Lake Elmo Avenue North, Lake Elmo, Minnesota, said Petition dated February 20, 1981, and signed by Gene M. Peltier, the owner of said property is made in conformity with Minnesota Statutes Section 429.035. HEREAFTER this project shall include the improvements petitioned for, by Gene M. Peltier, Earl and Julie Goerss and Clarence and Emily Urte1, be referred to as the Lake Elmo Water Main Extension Project 81-1. The City Council will consider this improvement in accordance with the Engineers Report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Cha ter 429 at an estimated total cost of the improvement of ,700.00. A public hearing shall be held on this proposed improve- ment on March 17, 1981, in the City Hall at 8:00 p.m. and the City Administrator shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Lake Elmo this 3rd, day of March, 1981. ,p ATCtST: Mayna d L. Eder, Mayor . � n Laurence Whittaker,Cit� d nistrator R81- 16 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING THE FEES FOR LICENSES AND PERMITS REQUIRED BY THE 1979 MUNICIPAL CODE OF THE CITY OF LAKE ELMO. WHEREAS, the City Council of the City of Lake Elmo adopted the 1979 Municipal Code of Lake Elmo, October 2, 1979; and WHEREAS, the 1979 Municiple Code of Lake Elmo requires certain fees for licenses, permits and registrations be established from time to time by Resolution; and WHEREAS, certain fees no longer cover the City ex- penses for processing the license or permit application; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo that: 1. The Dog registration fees be as follows: a. All dogs not in kennel - $6.00 biennial b. All dogs in kennel - $5.00 biennial C. Neutered dog - $5.00 2. The annual license fee for Bingo shall be $10.00 3. Licenses for certain occupations shall be $25.00 4. The fee for a permit to operate an outdoor target range shall be Conditional Use Permit fee. 5. Liquor license fees shall be as follows: a. On -Sale intoxicating liquor - $1,000.00 b. Club On -Sale intoxicating liquor - $100.00 C. On -Sale Sunday intoxicating liquor - $200.00 d. Off -Sale intoxicating liquor - $100.00 e. On -Sale non -intoxicating malt liquor - $100.00 f. Off -Sale non -intoxicating malt liquor - $100.00 g. Transfer of liquor license - $100.00 h. Special permits - $10.00 i. Temporary non -intoxicating malt - $10.00 6. The fees required by Section 502, Building Code fees, shall be: a. Building Permits -as per table 3-A 1976 Uniform Building Code with a minimum fee of $10.00. b. Plan Check --as per table 107-A 1980 State Build- ing Code --Exceptions: 1. Group R. Div. 3 to be 20% of Permit Fee 2. Group M, Div. 1 and Additions/Alterations no Plan Check fee required C. Plumbing Permits: 1. Group R, Div. 3 a. New Construction-$30.00 b. Additions/Alterations- $10.00 2. All Other — a. New Construction-$60.00 G b. Additions/Alterations- $25.00 3. Multiple Family Dwelling- $15.00/unit d. Heating Permits: 1. Group R, Div. 3 a. New Construction--$30.00 b. Additions/Alterations- $10.00 2. All Other a. New Construction--$60.00 b. Addition/Alteratio s-- n$25.00 e. Excavation and grading -- $25.00 f. Individual sewer system permits -- $25.00 g. Air Conditioning permits - $25.50 h. Driveway permit--$15.00 or based on value of a building permit. i. Tennis Courts--$15.50 7. The fees -for water meters shall be $15.00 plus cost of meter and reader. 8. The fees for the reader only will be $10.00 plus cost. 9. The fees for subdivisions shall be as follows: a. Minor - $50.00 plus pass -through b. Variance - $50.00 plus pass -through unless a part of subdivision application. c. Major - $100.00 plus pass -through with escrow for all consulting fees. d. Conditional Use Permits - $25.00 for all but advertising signs; $7.50 for signs. e. Mobile Home Parks - application and annual renewal $100.00 - plus pass through. 10. The fees for applications required by the Zoning Ordinance shall be as follows: a. Variances, Appeals, and Shoreland Permits-$25.00 plus any pass through costs over and above this amount; b. Amendments, rezoning, Conditional Use Permits or amendments to Conditonal Use Permits - $100.00 plus any pass through costs over and above this amount; c. Renewal of Conditional Use Permits - $25.00 d. Planned Unit Development applications - $100.00 plus pass -through costs over and above this amount; e. Flood Plain Management permits, Site and Building Plan Review, Variances, and Appeals - $25.00 plus any pass through costs over and above this amount. f. Outside coin -operated machine permits--$10.00. 11. The fee for pool permits required under Section 504 of the City Code - based on value of the construction, using the State Building Code formula. 12. Signs -- $15.00 permit, $15.00 Variance BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the fees for Assessment Searches and Legal Descriptions shall be $5.00; and all previous Resolutions establishing these fees are hereby repealed. ADOPTED this 3rd. day of March 1981, by the City Council of the City of Lake Elmo, Minnesota, Washington County, Minnesota. Mayna Eder, Mayor ATTEST: Laurence E. Whittaker City Administrator R-81-17 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE RENEWAL OF A CONDITIONAL USE PERMIT TO OPERATE AN OPEN SALES LOT FOR MOBILE HOMES FOR PATTI HOMES, INC. WHEREAS, Patti Homes, Inc, had a Conditional Use Permit to operate an open sales lot for mobile homes in good standing; and, WHEREAS, Patti Homes, Inc. has agreed to honor all the conditions set forth in said Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County, Minnesota that; The renewal of the Conditional Use Permit to operate an open sales lot for mobile homes at 11450 Hudson Boulevard by Patti Homes, Inc, from January 1, 1981 to December 31, 1981, be approved subject to the following conditions: 1. The storage building on said premises be kept up to the standards of the State Building Code. 2. No storage of property not owned by or on con- signment to Patti Homes, Inc. will be permitted on the premises. 3. The mobile homes must be blocked up for safety. 4. There will be no repair work or maintenance on mobile homes at the site. 5. Operating hours will be 9 a.m, to 9 p.m., Monday thru Thursday; 9 a.m. to 6 p.m., Friday, except in the summer when they will be 9 a.m, to 9 p.m.; 9 a.m. to 6 p.m., Saturday, and 12 p.m. to 5 p.m., Sunday. 6. The grounds will be kept in a neat and orderly manner. 7. Patti Homes will provide a site plan that shows all homes will be on North side of access drive and showing the sign, homes, office and road access location; and, 8. There shall be no more than 15 homes on the site at any one time. ADOPTED, this the 3rd. day of March, 1981, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: zA TEST: Laurence E. Whittaker City Administrator er, Mayor RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTIONG ADOPTING ASSESSMENT ROLL FOR IRVIN COURT DRAINAGE IMPROVEMENTS. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the Irvin Court drainage improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lake Elmo, Minnesota: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, 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. Adopted by the Council this 17 day of March , 1981. MaynatA L. Eder, Mayor ATTEST: Laurence Whittaker City Administrator �. 1.� ' F ASSESSMENT ROLL IRVIN COURT DRAINAGE IMPROVEMENTS ELMO, MINNESOTA #37444-2850----------- $16.60 #37444-2900----------- 83.94 #37444-2950----------- 78.58 #37444-3200----------- 54.26 #37444-3250----------- 72.71 #37444-3300----------- 57.95 #37444-3350----------- 41.26 #37444-3400----------- 49.23 #37444-3450----------- 84.45 #37444-3500----------- 107.84 #37444-3550----------- 83.94 #37444-3600----------- 83.94' #37444-3650----------- 84.70 #37446-2050------------ 38.32 #37446-2100------------ 37.65 #37446-2150----------- 35.56 #37441-2400----------- 84.61 #37441-2450----------- 85.12, #37441-2500----------- 84.11 #37441-2550----------- 85.87 #37441-2600----------- 89.14 37441-2650----------- 78.16 #37441-2700----------- 89.06 #37441-2750----------- 90.65 #37441-2800----------- 37.15 #37442-2450----------- 9.98 #37443-2000----------- 46.04 #37443-2050----------- 29.10 #37443-2100----------- 11.40 R-81- 19 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING ASSESSMENT ROLL FOR LEGION POND FLOOD RELIEF. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the Legion Pond Flood Relief Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lake Elmo, Minnesota: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, 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. Adopted by the Council this 17th day of March , 1981. Mayna L. Eder, Mayor ATTEST: Laurence Whittaker City Administrator r ASSESSMENT ROLL LEGION POND FLOOD RELIEF LAKE ELM.OL MINNESOTA Assessment Rate = $100.00 per petitioned lot not abutting pond = $493.51 per petitioned lot abutting pond Date of. Resolution: _ 81-18 --March 1_7,1981 Parcel Assessed No. -m_ _ Supposed Owner Lot BLock Addition Amount .#37505-2450 Toft 10 1 Myron ELLman $ 493.51 #37505-2400 Peterson 9 1 Myron Ellman $ 493.51 #37505-2350 Deck 8 1 Myron Ellman $ 493.51 N7505-2300 Collyard 7 1 Myron E1Lman $ 493.51 437505-2250 Burgoyne 6 1 Myron ELLman $ 493.50 #37505-2150 Zetterlund 4 1 Myron Ellman $ 100.00 #37505-2050 Gardner 2 1 Myron Ellman $ 100.00 #37505-�2500 Thiel 1 2 Myron Ellman $ 100.00 j 37505-2800 Shanl.ey 7 2 Myron Ellman $ 100.00 ,,37505=Z950 Cook 8 2 Myron Ellman $ 100.00 #37505-2900 Kupperschmidt 9 2 Myron Ellman $ 100.00 36-37024-0290 Olson $ 100.00 36-37024-2150 Henning $ 100.00 36-37024-2200 Huseboe $ 100.00 36-37024-2250 Stevens $ 100.00 36-37024-2900 Friendt $ 100.00 $3, 567. 54 R-81- 20 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO A PROPOSED PROJECT UNDER THE MUNICIPAL INDUSTRIAL 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 Hearing. 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 w C ( 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: -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 bonds 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. All 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 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: Laurence Whittaker City Administrator ;7, a r. 4Fo& J MaynargY L. Eder, Mayor -3- R-81-21 RESOLUTION CITY OF LAKE ELMO 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 April , ayna ___.. Nia.yna L. Eder, Mayor ATTEST: Laurence Whittaker City Administrator R-81-22 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION PERMITTING THE WASHINGTON COUNTY H.R.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 dousing 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-81-22, 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 er, Mayor Q , Lo Laurence E. Whittaker, City Administrator R81-23 RESOLUTION__. CITY OF LAKE 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 Elmo, Washington County, Minnesota. Mayn d Eder, Mayor ATTEST: Laurence E. Whittaker City Administrator 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. Crombie Estates which is now on file with the City Administrator, be and the same hereby is approved and accepted subject tothe 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, 1481. ~ 0 1c- Maynar- L. Eder, Mayor f ATTEST: Laurence Whittaker, City Administrator 41895.y R-81-25 .` 9j RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A MINOR SUBDIVISION FOR EVERE.TT 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 (E2) of the North- west Quarter (NW'-,) 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 14 minutes 31 seconds East, parallel to the east line of the East One-half of the Northwest Quarter (E4 of NW4) a distance of 350.00 feet to the point of beginning of the land to.be described; thence southeasterly in a direct line to a point on said east line of the East One-half of the Northwest Quarter (Ez 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 R 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 207.63 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) drainfield 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� of NW;) 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 (E� of SWa) 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 Half 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 89047'06" 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. UZN An easement for road purposes over that -3- 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 00012154" East 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 6 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 the 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. ATTEST: ��unPrwC.P C� Laurence Whittaker Whittaker City Administrator Maynar L. Eder, Mayor * * * * * * * * * * As applicant and owner of the land above -described, I hereby accept the minor subdivision granted by this Resolution 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 Veline Beaubien STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF LAKE ELMO ) Everett Beaubien Merle G. Olson Fonda R. Olson Edward TTrek . � - / -�- .' - --, C Kathleen F. Jurek 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. Q- 4�iV Laurence E. Whittaker City Administrator Dated: rF� 11 TRkN: 7ER RN'CORD � ,�F IYGTOX COUI TY, MIffiglSOft �' r�=�, 1UD I TOR -5-gam PAPUTY w4w KI R-81-26 EXTRACT OF MINUTES OF MEETING OF' THE CITY COUNCIL OF THE, CITY OF LAKE ELMO, MINNESOTA HELD: APRIL 7, 1981 Pursuant to due call and notice thereof, a rear 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 r nn _ o'clock P M. for the purpose of awarding the sale of $125,000 General Obligation Equipment Certificates of 1981 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 TIIE ISSUANCE: AND SALE OF $125,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES l 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 fire 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. F. 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 $2.00,000 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, 1.981 and shall be issued forthwith. The bonds shall be 2.5 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; t $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 on April. 1 and October 1 of each year at the respective rates per annum set opposite the maturity years and serial numbers: Maturit Years 1982 1903 1984 1985 1986 Serial Numbers 1-3 4--7 8-12. 13-18 19-25 Interest Rate 8.75% 8.75% 9.00% 9.00% 9.00% 5. The certificates and interest coupons to be issued hereunder shall be in substantially the ;Following form: _3„ No. UNITED STATES OF AMERICA STATE OF M:INNESOTA WASHINGTON COUNTY CITY OF LAKE ELMO GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1981 $5,000 KNOW ALL PERSONS BY THESE PRESENTS 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, 19 and to pay interest thereon from the date hereof until the rincipal. is paid at the rate of _ _ T percent ( ) per annum, payable on the first day of October, 1981 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 Ban), 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 $125,000 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_ C IT IS HEREI3Y 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. City Administrator. /s/ Facsimile Mayor j o (Form of Coupon) No. On the first day of October (April), 19 , unless the bond described below is called for earlier redemption, the City of I,a.ke Elmo, Washington County, Minnesota, will pay to bearer at The First National flank 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 1.981, No. dated April 1, 1981. /s/ Facsimile City Aim nistrator 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 certifi- 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 - 7 - 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 1.984 1985 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 irr.epealable 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 full payment of the principal and interest on said certificates, as the saute 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 followinvoted n 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. �� C. te'&j Mayor, C ( OIAXTIA__e�_ City Administrator _9_ STATE OF MINNESOTA 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. WITNESS my hand and the seal of said City this (SEAL) day of C 1981. - U , � ►n����- City Administrator - 10 - R-81-27 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING ASSESSMENT ROLL FOR LITTLE SUNFISH LAKE FLOOD CONTROL PROJECT 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 Little Sunfish Lake Flood Control Project 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 therein, 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. Adopted by the Countil this _21 day of April 11981 maynfd L. Eder ATTEST: ` CC Laurence E. Whittaker City Administrator ,a 0 ASSESSMENT ROLL Little Sunfish Lake Flood Control Project Lake Elmo, Minnesota Plate # Acres Assessment For parcels # #37025-2000 32.11 $ 1726.55 #37025-0250 -2050 -2300 #37025-2250 38.18 2052.94 #37025-2350 36.00 1935.72 #37025-2400 2.42 130.12 #37025-2450 1.0 53.77 #37035-2500 9.0 483.93 #37035-2550 #37035-2450 5.99 322.08 #37035-2400 1.17 62.91 #37035-2300 0.41 22.05 #37036-2300 6.13 329.61 #37036-2400 6.42 345.20 #37036-2450 191.69 10,307.17 #37036-2500 -2550 -3600 -3650 -3700 #37036-3350 9.2 494.68 #37036-3400 .07 3.76 Total 366.85 Assessment rate: $53.77/acre $18,270.50 ASSESSMENT ROLL Little Sunfish Lake Flood Control Project Washington Cty. (R/W) Mn/DOT Lake Elmo, Minnesota Acres Assessment 20.49 $1,101,75 15.84 851.72 ---billed by City ---billed by City RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT OF TARTAN MEADOWS WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved a Preliminary Plat of Tartan Meadows; and WHEREAS, the applicant has now presented to the City a final plat which conforms to the approved Preliminary Plat and meets with the requirements of the City's Subdivision Ordinance; NOW, THEREFORE, BE IT RESOLVED, the City Council does hereby approve and accept the final plat of Tartan Meadows as is on file with the City Administrator subject to the following conditions: 1. The applicant shall enter into a Development Agree- ment with the City providing for the construction of public improvements according to the plans and specifications approved by the City Engineer and the City Council; and provide a Performance Bond or Letter of Credit assuring the construction of said improvements; 2. Applicant pay all pass -through costs incurred by the City for review and inspection of the plans and improvements; 3. The applicant pay the park donation fee outstanding in the amount of $2,735.64; 4. The applicant correct the final plat to reflect corner stakes on all lots; 5. The applicant deliver to the City Deeds for the cul-de-sac on the West end of 12th Street together with Deeds for the easements to the park. Upon compliance by the applicant with the conditions outlined above, the Mayor and City Administrator are authorized and directed to execute the Developer's Agreement and Final Plat for this subdivision. Adopted by the City Council of the City of Lake Elmo this 21st day of April, 1981. ATTEST: Laurence 'Whittaker City Administrator Maynar Eder, Mayor -2- R-81-29 RESOLUTION CITY OF LAKE ELMO WASIiINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT DIVISION TO ROBERT SCHOENECKER. WHEREAS, Robert Schoenecker has made application to the City of Lake Elmo for a Simple Lot Division on a parcel of land located in said City into two tracts legally described as follows, to -wit: Parcel A That part of the Northeast Quarter of the Southwest Quarter of Section Fifteen (15), Township Twenty-nine (29) North, Range Twenty-one (21) West, Washington County, Minnesota described as follows: Commencing at the northwest corner of said Northeast Quarter of the Southwest Quarter (NE, of SW,); thence South 00 degrees, 46 minutes, 34 seconds East, bearing oriented to the Washington County Coordinate System, South Zone, along the West line of said Northeast Quarter of the Southwest Quarter (NE, of SW,), a distance of 657.56 feet to a 2 inch iron pipe monument and the point of beginning; thence North 89 degrees 24 minutes, 43 seconds East 160.00 feet to a one-half inch iron pipe monument and the east line of the west 160.00 feet of said Northeast Quarter of the Southwest Quarter (NE, of SW,); thence South 00 degrees, 46 minutes, 34 seconds East along said east line a distance of 542.52 feet to a one-half inch iron pipe monument and the northerly right-of-way line of Trunk Highway 5; thence northwesterly along said right-of-way line a distance of 164.26 feet to a one-half inch iron pipe monument and said west line of the Northeast Quarter of the Southwest Quarter (NE, of SW,); thence North 00 degrees, 46 minutes, 34 seconds West along said west line 505.88 feet to the point of beginning, containing 1.93 acres, more or less. Parcel B That part of the Northeast Quarter of the Southwest Quarter (NE, of SW,) of Section Fifteen (15), Township Twenty- nine (29) North, Range Twenty-one (21) West, Washington County, Minnesota described as follows: Commencing at the northwest corner of said Northeast Quarter of the Southwest Quarter (NE4 of SW4); thence South 00 degrees, 46 minutes, 34 seconds East, bearing oriented to the Washington County Coordinate System, South Zone, along the west line of said Northeast Quarter of the Southwest Quarter (NE4 of SW4) a distance of 657.56 feet to a 2 inch iron pipe monument; thence North 89 degrees, 24 minutes, 43 seconds East 160.00 feet to a one-half inch iron pipe monument and the east line of the west 160.00 feet of said Northeast Quarter of the Southwest Quarter and the point of beginning; thence continue North 89 degrees, 24 minutes, 43 seconds East 149.18 feet to a one-half inch iron pipe monument; thence South 01 degree, 00 minutes, 08 seconds East 387.17 feet to a 1-14 inch iron pipe monument; thence South 00 degrees, 48 minutes, 44 seconds East 183.72 feet to a one-half inch iron pipe monument and the northerly right- of-way line of Trunk Highway 5; thence northwesterly along said right-of-way line 153.58 feet to a one-half inch iron pipe monument and said east line of the west 160.00 feet of the North- east Quarter of the Southwest Quarter (NE4 of SW4); thence North 00 degrees, 46 minutes, 34 seconds West along said east line a distance of 542.52 feet to the point of beginning, containing 1.92 acres, more or less. WHEREAS, it appears the above -described land was not at the time of the application separately described parcels 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 this simple lot division; and WHEREAS, the City Planning Commission considered the proposed simple lot division on April 13, 1981, and recommended the approval thereof; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to -wit: 1. The application of Robert Schoenecker for a Simple Lot Division for the real estate described above, be and the same hereby is granted. 2. The City Administrator is authorized to approve the recording of any deeds required for the above -described parcels. Adopted by the City Council of the City of Lake Elmo, this 21st day of April, 1981. Mayna Y L. Eder, Mayor AT E Laurence Whittaker, Administrator -2- R-81-30 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OPPOSING THE SELECTION OF THE LAKE ELMO REGIONAL PARK RESERVE AS A POSSIBLE SOLID WASTE LANDFILL SITE. WHEREAS, the Lake Elmo Regional Park Reserve was established to maintain the unique and precious natural resources in and around Eagle Point Lake; and, WHEREAS, everyone who sold land for or is adjacent to the Regional Park Reserve was assured that such land was to be used for a Park Reserve; and, WHEREAS, the proposed Comprehensive Plan provides for passive recreation and nature preserve in the Regional Park; and, WHEREAS, any landfill will take land out of 'ark - Reserve, uproot wildlife and destroy natural vegative awn ' wildlife habitat, and create an environment in which the very flora and fauna you are trying to preserve will be forced out and destroyed; and, WHEREAS, there is ample evidence- in Lake Elmo alone - that landfills contribute to the degradation of our land, air and water resources; and, WHEREAS, there are not adequate collector streets for a Regional Park Reserve, let alone a regional landfill; and, WHEREAS, landfills do not solve the solid waste problems; but merely transfer the responsibility for man- aging these wastes to future generations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the City of Lake to the siting of any landfill Regional Park Reserve, and, Elmo strenuously objects in or near the Lake Elmo THAT, the City of Lake Elmo objects to the devel- opment of any new landfills; and supports efforts to recover , recycle and permanently dispose of Solid Wastes. Adopted, this the 21st day of April, 1981, by the City Council of the City of Lake E m—o Washington County, Minnesota. Signed: Maynar Eder, Mayor ATTEST: `' U _ Laurence E. Whittaker City Administrator R-81-32 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING A VARIANCE FOR CONSTRUCTION OF 30 MPH CORNERS ON 45TH STREET, JULEP AVENUE, AND 47TH STREET. WHEREAS, the City of Lake Elmo, Minnesota has submitted to the Commissioner of Transportation the plans and specifications for the 1980 Street Improvements, S.A.P. 206-104-01, dated July 11, 1980, and WHEREAS, state aid funds will be expended on the im- provement of said projects, and WHEREAS, the City desires to improve these streets to eliminate the cost of gravel maintenance and generally improve the efficiency of the transportation system, and WHEREAS, a Variance from 14 MCAR, § 1.5032 Rules for State Aid Operations under Minnesota Statutes, Chapters 161 and 162 (1978, as amended) Paragraph H.l.a., "Rural Undivided Geo- metric Standards" is requested for S.A.P. 206-104-01, 45th Street, Julep Avenue and 47th Street from Jane Road North to Keats Avenue, for construction of the curved portions of the street at a design speed of 30 mph where 40 mph is required, for reasons as follows: 1. To utilize as much of the existing right-of-way and roadbed as possible. 2. To minimize the amount of right-of-way acquisition. 3. To keep prime agricultural land in production which would otherwise be taken for additional right-of-way, in accordance with Lake Elmo Comprehensive Plan and Metro Council agricultural perservation policies 4. To address concerns of adjacent farm owners expressed at public hearings regarding the movement of agri- cultural machinery on the road and its interaction with higher speed vehicular traffic. 5. To avoid costs associated with additional right-of- way acquisition and plan changes. I R-81-32 The City Council of Lake Elmo does not feel that the requested change in design speed will adversely affect the efficiency of the MSAS transportaion system. NOW, THEREFORE, BE IT RESOLVED: That the Commissioner of Transportation be and is hereby requested to approve the variance for the construction of said streets at a design speed of 30 mph and authorize state aid funds to participate in said improvements. APPROVED this the 5th day of May, 1981, by the City Council, City of Lake Elmo, Washington County, Minnesota. SIGNED: Maynard,, . Eder, Mayor ATTEST: &�' I � CC, w�o Laurence E. Whittaker City Administrator R-81- 34 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota, as follows: Section 1. Recitals and Findings. 1.1 This Council has received a proposal that the Municipality finance a portion or all of the cost of a proposed project under Minnesota Statutes, Chapter 474 (the Act), consisting of the acquisition of land and the construction and equipment thereon of a facility to be used as business offices and leased by the owners to various business enter- prises for that purpose. 1.2 At a public hearing, duly noticed and held on May 5, 1981, in accordance with the Act, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the State has encourage local government units to act to prevent such economic deterioration. (b) The Project would further the general purposes contemplated and described in Section 474.01 of the Act. P (c) The existence of the Project would add to the tax base of the Municipality, the County and School District in which the Project is located and would provide increased opportunities for employment for residents of the Municipality and surrounding area. (d) This Council has been advised by representatives of the Borrower that conventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal borrowing, and its resulting lower borrowing cost, the Project is economically more feasible. (e) This Council has also been advised by the Borrower that on the basis of their discussions with potential buyers of tax-exempt bonds, revenue bonds of the Municipality (which may be in the form of a commercial development revenue note or notes) could be issued and sold upon favorable rates and terms to finance the Project. (f) The Municipality is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Borrower, and the issuance of such bonds by the Municipality would be a substantial inducement to the Borrower to acquire and construct the Project. Section 2. Preliminary Approval of the Project. 2.1 On the basis of information given the Municipality to date, it appears that it would be desirable for the Municipality to issue its revenue bonds under the provisions of the Act to finance the Project in an amount not exceeding $400,000.00. 2.2 It is hereby determined to proceed with the Project and its financing and the Project is hereby given preliminary approval by the Municipality and the issuance of revenue bonds of the Municipality in such amount is hereby approved, subject to the approval of the Project by the Commissioner of Securities, the fulfillment of such other conditions as the Municipality may require with respect to the issuance of its bonds in connection with the Project, and the mutual agreement of this Council and the Borrower as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, -2- that the bonds of the Municipality shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Municipality, except the Project, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the Municipality. 2.3 The form of the Application to the Commissioner of Securities, with attachments, is hereby approved, and the Mayor and City Administrator are authorized to execute said documents in behalf of the Municipality. 2.4 In accordance with Section 474.10, Subdivision 7a of the Act, the Mayor and City Administrator are hereby authorized and directed to cause said Application to be submitted to the Commissioner of Securities for approval of the Project. The Mayor, City Administrator, City Attorney and other officers, employees and agents of the Municipality are hereby authorized and directed to provide the Commissioner with any preliminary information the Commissioner may need for this purpose, and the City Attorney is authorized to initiate and assist in the prepara- tion of such documents as may be appropriate to the Project, if it is approved by the Commissioner. Section 3. General. 3.1 If the bonds are issued and sold, the Municipality will enter into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Borrower. The lease rentals, installment sale payments, loan payments or other amounts payable by the Borrower to the Municipality under the Revenue Agreement shall be sufficient to pay the principal, interest and redemption premium, if any, on the bonds as and when the same shall become due and payable. 3.2 The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the Municipality in connection with this Project, whether or not the Project is carried to completion, and whether or not approved by the Commissioner of Securities, and whether or not the Municipality by resolution authorized the issuance of the bonds, will be paid by the Borrower upon request. 3.3 The Mayor and City Administrator are directed, if the bonds are issued and sold, thereafter to comply with the -3- provisions of Minnesota Statutes, Section 474.01, Subdivision 8. Adopted this 5th day of May, 1981. ATTEST: Laurence E. Whittaker City Administrator Maynar L. Eder, Mayor W,E R-81-35 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING AN EXTENSION OF PRELIMINARY PLAT APPROVAL FOR MIDLAND MEADOWS WHEREAS, the Preliminary Plat of Midland Meadows was approved by the City Council of the City of Lake Elmo on December 11, 1979; and, WHEREAS, Section 401.240G. required the Subdivider to submit a Final Plat within 180 days of the approval of the Pre- liminary Plat; and, WHEREAS, Chapter 401 of the City Code provides that City Council may grant an extension of Preliminary Plat approval upon the request of the Subdivider; and, WHEREAS, the Subdivider has requested a second one year extension for the approval of the Preliminary Plat because the current economy makes development of the property very difficult; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that: The Preliminary Plat approval of Midland Meadows is extended for one year from May 5, 1981, within which time the Subdivider will be required to submit a Final Plat. ADOPTED, this the 5th day of May, 1981, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: ,ram.,.& Q bO&W Maynay L. E er, Mayor ATTEST: Laurence E. Whittaker City Administrator 9 R-81-36 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT DIVISION TO LYDIA RICHERT. WHEREAS, Lydia Richert has made application to the City of Lake Elmo for a simple lot division on a parcel of land located in said City into three tracts legally described as follows, to -wit: PARCEL "A": The North Half of the Northeast Quarter of Section 16, Township 29 North, Range 21 West, Wash- ington County, Minnesota; except the South 935.55 feet of the East 621.17 feet thereof as measured at a right angle to the south and east lines of said North Half of the Northeast Quarter. The area of this parcel is 66.96 acres, more or less. Subject to a highway easement over the East 33.00 feet thereof as described in Book 150 of Deeds, Page 621, as recorded in the office of the County Recorder, Washington County, Minnesota. Also, subject to a Northern States Power Company blanket easement as described in Book 150 of Deeds, Page 467, as recorded in said Office of the County Recorder. PARCEL "B": The South 935.55 feet of the East 621.17 feet of the North Half of the Northeast Quarter of Section 16, Township 29 North, Range 21 West, Washington County, Minnesota; except the South 441.10 feet of the East 330.00 feet of said North Half of the Northeast Quarter as measured at a right angle to the south and east lines of said North Half of the Northeast Quarter. The area of the parcel is 10.00 acres, more or less. Subject to a highway easement over the East 33.00 feet thereof, as described in Book 150 of Deeds, Page 621, as recorded in the office of the County Recorder, Washington County, Minnesota. Also, subject to a Northern States Power Company blanket easement as described in Book 150 of Deeds, Page 467, as recorded in said Office of the County Recorder. PARCEL "C": The South 441.10 feet of the East 330.00 feet of the North Half of the Northeast Quarter of Section 16, Township 29 North, Range 21 West, Washington County, Minnesota as measured at a right angle to the south and east lines of said North Half of the Northeast Quarter, containing 3.34 acres, more or less. Subject to a highway easement over the East 33.00 feet as described in Book 150 of Deeds, Page 621, as recorded in the office of the County Recorder, Washington County, Minnesota. Also, subject to a Northern States Power Company blanket easement as described in Book 150 of Deeds, Page 467, as recorded in said office of the County Recorder; and WHEREAS, it appears the above -described land was not at the time of the application separately described parcels 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 this simple lot division; and WHEREAS, the City Planning Commission considered the proposed simple lot division on May 11, 1981, and recommended the approval thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Citv of Lake Elmo as follows, to -wit: 1. The application of Lydia Richert for a simple lot division for the real estate above described be, and the same hereby is, granted.. 2. The City Administrator is authorized to approve the recording of any deeds relating to the above -described parcels. Adopted by the City Council of the City of Lake Elmo this 19th day of May, 1981. Mayna L. Eder, Mayor ATTEST: 6ra,-�� Laurence E. Whittaker City Administrator -2- R-81-37 1.3D&iejKNOW$]91 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT DIVISION AND EASEMENT VACATION FOR GARY PECORE AND JOAN KANOWITZ. WHEREFORE, Gary Pecore and Joan Kanowitz have made application to the City of Lake Elmo for a simple lot division on a parcel of land in said City legally described as follows, to -wit: PARCEL "A": That part of Lot Six (6), Block Two (2), DEMONTREVILLE HIGHLANDS 4TH ADDITION according to the plat of record in the Office of the Registrar of Titles, Washington County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 6; thence South 84 degrees 00 minutes 48 seconds West, bearing oriented to said plat, along the south line of said Lot 6 a distance of 187.45 feet to the south- west corner of said Lot 6; thence North 71 degrees 44 minutes 16 seconds East 67.00 feet; thence South 89 degrees 19 minutes'33 seconds East 122.81 feet to the point of beginning, containing 1335 square feet, more or less; and WHEREAS, the said Gary Pecore and Joan Kanowitz have also applied to the City for a vacation of the drainage and utility easement between Lots 5 and 6, Block 2, legally described as follows, to -wit: The South. Six (6) feet of the East 175.45 feet of Lot Six (6), Block Two (2), DEMONTREVILLE HIGHLANDS 4TH ADDITION, according to the plat of record in the Office of the Registrar of Titles, Washington County, Minnesota; and The North Six (6) feet of the East 175.45 feet of the West 187.45 feet of -Lot Five (5), Block Two (2), DEMONTREVILLE HIGHLANDS 4TH ADDITION, according to the plat thereof on file and of record in the Office of the Registrar of Titles, Washington County, Minnesota; and 4 1 WHEREAS, it appears the above -described parcel of land ( which is proposed to be subdivided was not at the time of the application a separately described.parcel of record; and WHEREAS, there does not appear to be any reason relating to the public health, safety and welfare which would require a denial of this simple lot division and easement vacation; and WHEREAS, the Planning Commission considered this proposed simple lot division and easement vacation on May 11, 1981, and recommended the approval thereof. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to -wit: 1. The application of Gary Pecore and Joan Kanowitz for vacation of the drainage and utility easement is hereby granted for the following -described parcels, to -wit: The South Six (6) feet of the East 175.45 feet of Lot Six (6), Block Two (2), DEMON- TREVILLE HIGHLANDS 4TH ADDITION, according to the plat of record in the Office of the Registrar of Titles, Washington County, Minnesota; and The North Six (6). feet of the East 175.45 feet of the West 187.45 feet of Lot Five, Block Two (2), DEMONTREVILLE HIGHLANDS 4TH ADDITION, according to the plat thereof on file and of record in the Office. of the Registrar of Titles, Washington County, Minnesota. 2. The application of Gary Pecore and Joan Kanowitz for a simple lot division is hereby granted for the following - described real estate, to -wit: PARCEL "A": That part of Lot Six (6), Block Two (2), DEMONTREVILLE HIGHLANDS 4TH ADDITION, according to the plat of record in the Office of the Registrar of Titles, Washington County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 6; thence South 84 degrees 00 minutes 48 seconds West, bearing oriented to said plat, along the south line of said Lot 6 a distance of 187.45 feet to the southwest corner of said Lot 6; thence North 71 degrees 44 minutes -2- 16 seconds ( degrees 19 feet to the 1335 square East 67.00 feet; thence South 89 minutes 33 seconds East 122.81 point of beginning, containing feet, more or less. 3. The City Administrator is authorized to approve the recording of any deeds required to accomplish, the simple lot division and easement vacation as set forth herein. Adopted by the City Council of the City of Lake Elmo this 19th day of May, 1981. ATTEST: Laurence Whittaker, City Administrator Maynard/ Eder, Mayor i -3- Y�hti RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING THE ENGINEERS FEASIBILITY REPORT FOR 1981 M.S.A. IMPROVEMENTS. WHEREAS, it is proposed to improve a portion of 45th Street, a portion of Julup Avenue, a portion of 47th Street, and a portion of Keats Avenue, all in the City of Lake Elmo and to assess the benefited property for all or a portion of the cost of these improvements pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the improvements proposed herein shall henceforth be referred to as the 1981 M.S.A. improvements; and the City Engineer is instructed to report to the Council with all convenient speed advising the council in a preliminary way a:s to whether the proposed improvements are feasible as to whether they should best be made as proposed or in connection with some other improvement and the estimated cost of the improve- ments as recommended. Adopted by the City Council this 19th day of May, 1981. z e � J May d L. Eder, Mayor ATTEST: ko',�_' - � , Laurence E. Whittaker, City Administrator R-81- 41 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 1981 STATE AID IMPROVEMENT PROGRAM, AND CALLING FOR A HEARING ON THE FEASIBILITY OF A PROJECT TO IMPROVE 45TH STREET, JULEP, 47TH STREET AND KEATS AVENUE FROM JANE ROAD NORTH TO STATE HIGHWAY 36 PURSUANT TO MINNESOTA STATUTES SECTION 429.011 TO 429.111. WHEREAS, the City of Lake Elmo is eligible to receive construction funds for the improvement of municipal state aid highways for fiscal 1981; and WHEREAS, the City Council did on May 19, 1981 by Resolution 81-38, order a feasibility study for an MSA improvement project on 45th Street, Julep, 47th Street and Keats Avenue from Jane Road North to State Highway 36; and WHEREAS, the City Council reviewed the report of the City Engineer at the June 2, 1981, meeting and accepted that report, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that a public hearing be scheduled for June 30, 1981„ at 8:00 p.m. to consider the feasibility of the 1981, State Aid Improvement Program. Adopted by the City Council of the City of Lake Elmo this the 2nd day of June, 1981. Maynar L. Eder, Mayor ATTEST: Laurence E. Whittaker City Administrator R81-42 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO HUFF 'N' PUFF DAYS IN THE CITY OF LAKE ELMO WHEREAS, Huff 'n' Puff 1980 was shown to be a fun way to raise money for park equipment; and WHEREAS, several local issues have gotten us warmed up for huffing and puffing; and WHEREAS, many more citizens are taking up sport activities; and, WHEREAS, community spirit and health can benefit along with our parks; and THEREFORE, BE IT RESOLVED, that Huff 'n' Puff Days, August 14 to 16, 1981, be and hereby is officially designated a civic celebration in the City of Lake Elmo. ADOPTED by the City Council this 16 day of June, 1981. MaynatA L—E—er, Mayor ATTEST: Laurence E. Whittaker City Administrator R-81-43 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING A VARIANCE FROM 30 MPH DESIGN SPEED ON 45TH STREET, JULEP. AVENUE, AND 47TH STREET; AND REPEALING RESOLUTION 81-32 WHEREAS, the City of Lake Elmo, Minnesota, has submitted to the Commissioner of Transportation the plans and specifications for the 1980 Street Improvements,S.A.P 206-104-01, dated.July 11, 1980, and WHEREAS, state aid funds will be expended on the improvement of said property, and WHEREAS, The City desires to improve these streets to eliminate the cost of gravel maintenance and generally improve the efficiency of the transportation system, and WHEREAS, a Variance from 14 MCAR, S1.5032 Rules for State Aid Operations under Minnesota Statutes, Chapters 161 and 162 (1978, as amended) Paragraph H.I. a., "Rural Undivided Geometric Standards" is requested for S.A.P. 206- 104-01, 45th Street, Julep Avenue and 47th Street from Jane Road North to Keats Avenue, for construction of the curved portions of the street at a design speed of 30 mph where 40 mph is required. A. The reasons for the request are as follows: 1. To utilize as much of the existing right- of-way and roadbed as possible. 2. To minimize the amount of right-of-way acquisition. 3. To keep prime agricultural land in production which would otherwise be taken for additional right-of-way, in accordance with Lake Elmo Comprehensive Plan and Metro Council agri- cultural preservation policies. 4. To address concerns of adjacent farm owners expressed at public hearings regarding the movement of agricultural machinery on the road and its interaction with higher speed vehicular traffic. 5. To avoid costs associated with additional right-of-way acquisition and plan changes. B. The economic, social, safety and environmental impacts which may result from the requested variance are as follows: .k 1. The economic impact of granting the variance is that the City would replace a high mainten- ance gravel road with a low maintenance bitum- inous surfaced road. By granting the variance the City would also avoid condemning an addi- tional 2+ acres of right-of-way and severing two parcels. 2. The social impact of granting the variance is that based upon public meetings it appears that the City would be able to obtain the 0.70 acres required for a 30 mph design without con- demnation where a 40 mph design would require condemnation and severing the two parcels. 3. There will be no adverse safety or environ- mental impacts by granting the variance. The road presently consists of a continuous gravel road with two right angle curves. It is planned to erect advisory speed signs on the 30 mph curve if the variance is granted. C. The proposed project will eliminate an existing and proposed deficiency in the transportation system. If the variance is granted, the street will become an easily and economically maintained bituminous surfaced street. If the variance is not granted it is doubtful whether any improve- ment will be ordered. The street will remain gravel surfaced and deficient in cross-section and design for some time. D. The effect on adjacent lands will be negligible if the variance is granted. If the variance is not granted, 40 mph design curves will take additional prime agricultural land out of production in con- flict with Lake Elmo Comprehensive Plan and Metro Council policy. The 40 mph curves may also sever two parcels. As soon as the Lake Elmo Comprehen- sive Plan is approved by the Metropolitan Council, two adjacent property owners will place their land in Agricultural Preserve. E. The project affects six property owners. F. The safety considerations that apply to the project concern negotiating the requested 30 mph curves by the motoring public. The existing gravel road and its continuation to the east are presently not speed zoned. The speed is limited by the very nature of the gravel surface. The road segment immediately west of the project area is bituminous surfaced and zoned for 35 mph. The City of LakeElmo does not believe the motoring public will exceed 30 mph on this segment, and WHEREAS, Resolution 81-32 requesting this same is redundant, NOW, THEREFORE, BE IT RESOLVED, That the Commissioner of Transportation be and is hereby requested to approve the variance for the construction of said streets at a design speed of 30 mph and authorize state aid funds to participate in said improvements, and that Resolution 81-32 is replealed. Approved this the 16th day of June, 1981, by the City Council, City of Lake Elmo, Washington County, Minnesota SIGNED: MaynV L. Eder, Mayor ATTEST: VOAL'a (" Laurence E. Whittaker City Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss CITY OF LAKE ELMO ) I hereby certify that I have examined the foregoing copy of Resolution R-81-43 with the original thereof in the files and records of my office and I find said copy to be true, correct and complete. Dated: Laurence E. Whittaker City Administrator (seal) r R81- 44 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING ELECTION OF LAURENCE E. WHITTAKER TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION WHEREAS, Laurence E. Whittaker has notified the,City Council of his election to be excluded from membership in the public employees retirement association and has provided this Council with a copy of his written election to do so, all as authorized by Minnesota Statutes 353,028. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The Council makes the following findings: (a) Laurence E. Whittaker is the City Administrator of the City of Lake Elmo, Minnesota. (b) That position is provided for in the Section 207 of the Municipal Code of the City of Lake Elmo. (c) He was duly appointed to serve in that position effective January 1, 1979, and he has held that position continuously since that date. (d) The City Administrator is the chief administrative officer of the City of Lake Elmo. (e) Acting under Minnesota Statutes 353. 028 he has elected to be excluded from member- ship in the Public Employees Retirement Association, effective upon his filing such election with the Executive Director of that association. (f) In making this election he has agreed that he will not at any time in the future seek any authorization to purchase service credit for any period of ex- cluded service. He has further agreed that this election is irrevocable. 2. Said election is therefore approved. 3. A certified copy of this Resolution shall be pro- vided to the Executive Director of said association. ADOPTED THIS the 1'6'th day of June 1981 Mayn r L. E er, Mayor ATTEST: Laurence E. Whittaker City Administrator (seal) STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss CITY OF LAKE ELMO ) I hereby certify that I have compared the attached copy of Resolution with the original thereof in the records of my --ice and I find said copy to be a true, correct and complete copy of the Resolution adopted June 16, 1981, by the City Council, City of Lake Elmo. Laurence E. Whittaker City Administrator Dated: (seal) R81- 45 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING AGREEMENT WITH CITY ADMINISTRATOR RELATING TO DEFERRED COMPENSATION WHEREAS, Laurence E. Whittaker ("Whittaker"), City Administrator of the City of Lake Elmo has elected to be excluded from membership in the Public Employees Re- tirement Association, which election has been approved by the City Council; and, WHEREAS, prior to such action the City has contributed an employer's contribution to the Public Employees Re- tirement Association for his account in accordance with Minnesota Statutes, Section 353 .27 Subdivisions 3 & 3a; and, WHEREAS, by reason of such election, the City's employer contribution to PERA on his account will cease; and, WHEREAS, Minnesota Statutes, Section 353. 028 Subdivision 3, provides as follows: "DEFERRED COMPENSATION: CITY CONTRIBUTION. If an election of exclusion is made, and if the City Manager and the governing body of the City agree in writing that the additional compensation is to be deferred and shall be contributed on be- half of the City Manager to a deferred compensation program which meets the requirements of Section 457 of the Internal Revenue Code of 1954, as amended through December 31, 1980, the governing body may compensate the City Manager, in addition to the salary allowed under any limitation imposed on salaries by law or charter, in an amount equal to the employer contribution which would be required by Section 353.27, Subdivision 3, if the City Manager were a member of the association." WHEREAS, the City Council desires to exercise the authority conferred by Minnesota Statutes 353.028 Subdivision 3, and the addi- tional compensation now appropriated per aforementioned Minnesota Statutes 353.27 Subdivision 3a. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota, as follows: 1. In addition to the City Administrator's salary now in effect or which may hereafter be established from time to time as his stated salary, Whittaker shall be compensated in an additional amount equal to the employer contribution which would be required by Minnesota Statutes, Section 353.27, Subdivision 3. and 3a, if he were a member of the Public Employees Retirement Association subject, however, to the provisions of the following paragraph of this resolution. 2. Such additional compensation shall be paid only if and during the time that there is an agreement between City and Whittaker wherein it is agreed in writing that the additional compensation is to be deferred and shall be contributed on behalf of Whittaker to a deferred compensation program which meets the requirements of Section 457 of the Internal Revenue Code of 1954, as amended through December 31, 1980. 3. The Mayor, acting for and in behalf of the City, is hereby authorized and directed to enter into an agreement of a type described in the foregoing paragraph no. 2 with Whittaker. Upon the execution of such agreement, the Mayor, City Administrator and other appropriate officials of the City are authorized to take the actions necessary to give effect to the provisions of such agreement. Adopted, this the 16th. day of June, 1981, by the City Council, City of Lake E mo. Signed: .Q --Q. t'd, ) Maynay L. Eder, Mayor ATTEST: &a,LLq M-u � Ul�t..I."e--,_-- Laurence E. Whittaker City Administrator R-81-46 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING 1980-81 LOCAL PLANNING ASSISTANCE ENTITLEMENT GRANT FUNDS FROM THE METROPOLITAN COUNCIL WHEREAS, the Metropolitan Land Planning Act, Minnesota Statutes, Section 473.851-473.872, requires that the City of Lake Elmo prepare and submit a comprehensive plan to the Metropolitan Council; and WHEREAS, the Metropolitan Council and City of Lake Elmo have entered into a contract number 7889 dated April 14, 1978 for Local Planning Assistance Grants which was subsequently amended on October 3,1978 &.February 15, 1979, awarding a total amount oE$11,249. to assist the City of Lake Elmo in carrying out the required planning; and WHEREAS, the Metropolitan Council has allocated $6,622. to the"City o£`Lake E'lino in additional grant funds o�r-I990-81: and WHEREAS, the 'City of Lake Elmo has completed the planning program required of it by the Metropolitan Land Planning Act; and WHEREAS, the total grants from the Metropolitan Council of $17,871, will not exceed 75 percent of the total actual cost or out the required planning; and WHEREAS, grant funds from other sources,plus Metropolitan Council grants, will not exceed 100 percent of the actual planning cost NOW, THEREFORE, the City o£ Lake Elmo requests $6,622. in 1980-81 entitlement unds and authorizes the Mayor to execute the Agreement Amendment to the above -referenced contract on its behalf. Adopted by the Lake Elmo City Council this the 16th day of June, 198 By: g "e. Mayn ty d L. Eder, Mayor. At est: Laurence E. Whittaker City Administrator i; :IQN7 RESOLUTION CITY OF LAKE ELMO WASHINGTON 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 line 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 (1000) 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, the 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. iG�iy_11�911d1 Laurence Whittaker, City Administrator Maynard L. Eder, Mayor -2- R-81-48 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY MINNESOTA A RESOLUTION THANKING RENATE PAULSEN FOR HER WORK AS CIVIL DEFENSE DIRECTOR. WHEREAS, Renate Paulsen accepted the responsibilities of Civil Defense Director without compensation; and, WHEREAS, Mrs. Paulsen developed the basic elements of a Civil Defense Plan for the City of Lake Elmo; and, WHEREAS, this plan has been accepted by the City Council as the basis for a future Civil Defense Plan; and, WHEREAS, this plan was developed over a very short period of time with little financial or other assistance from the City Council and staff; NOW, THEREFORE, BE IT RESOLVED „ by the City Council of the City of Lake Elmo, Washington County, Minnesota THAT, Renate Paulsen is hereby offered the sincere appre- ciation:,and;.thanks of the City of Lake Elmo for her efforts as Civil Defense Director;; and, THAT, the City of Lake Elmo accepts the draft Civil Defense Plan for developing a future Civil Defense Program in the City of Lake Elmo. Adopted, this the 7th day of July, 1981, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: Mayn d Eder, Mayor ATTEST: R-81-49 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 19, 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. Maynar L. Eder, Mayor ATTEST: 1O 1aurence Whittaker, City Administrator R-81,50 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING THE RENAMING OF LITTLE SUNFISH LAKE IN THE CITY OF LAKE ELMO TO LAKE ROSE. WHEREAS, the Department of Natural Resources is conducting an inventory of public waters, in the State of Minnesota;and, WHEREAS, the Department of Natural Resources has solicited the cooperation of the City of Lake Elmo in identifying and naming public waters with in the corporate limits of the City of Lake Elmo; and, WHEREAS, the City of Lake 'Elmo has two lakes named Sunfish Lake;and, WHEREAS, the name Sunfish Lake has no historical significance with respect to the lake numbered 112 W in sections 25 and 36 in the City of Lake Elmo; and, WHEREAS, the land surrounding this lake was historically a part of the Freidrich family holdings and b..he mother in this family was named Rose; 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 name of (Little) Sunfish Lake in sections 25 and 36 of the City of Lake Elmo be changed to Lake Rose; and, THAT, the final public waters inventory for Washington County reflect that Lake 112 W in sections 25 and 36 of the City of Lake Elmo is called Lake Rose. Adopted, this the 7th day of July, 1981, by the City Council City of Lake Elmo, Washington County, Minnesota. SIGNED: d�kae Mayn d Eder, Mayor ATTEST: Laurence E. Whittaker, City Administrator R81-51 RESOLUTION CITY OF TAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CONFIRMING AN INCREASE OF $3,000 IN THE COM4CTME,NT OF THE CITY OF LAKE EIM 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,OOO 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 coinnitment is;necessary to assure that the project is ordered; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELM THAT, the City of Lake Elmo hereby agrees to an additional conmi.tment of $3,000 for the Preliminary Fund for Valley Branch Watershed District Project 1006, which brings the total commitment of the City of Lake Elmo to $9,000, should a project fail to be ordered. ADOPTED, this the 7th day of July, 1981, by the City Council of the City of Lake Elm, Washington County, Minnesota. SIGNED: Maynard `II Eder,Mayor ATTEST: L ence E. Whittaker, City Arc mnistrator R-81- 52 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN WHEREAS, the City of Lake Elmo has in its employ certain personnel; and, WHEREAS, said employees are and will be render- ing valuable services to the City of Lake Elmo; and, WHEREAS, the City of Lake Elmo has considered the establishment of a Deferred Compensation Plan for the said employees made available to the City and to said employees by the International City Management Associa- tion Retirement Corporation; and WHEREAS, said employees often are unable to ac- quire retirement security under other existing and avail- able retirement plans due to the contingencies of employ- ment mobility; and WHEREAS, the City of Lake Elmo receives benefits under said plans by being able to assure reasonable re- tirement security to said employees, by being more able to attract competent personnel to its service, and by in- creasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retire- ment benefits; NOW, THEREFORE, BE IT RESOLVED that the City of Lake Elmo establish said Deferred Compensation Plan for said employees and hereby authorizes its Mayor to execute the Deferred Compensation Plan with the International City Management Association Retirement Corporation, attached hereto as Appendix A; and, IT IS FURTHER RESOLVED that the City Administrator, may, on behalf of the City of Lake Elmo, execute all Joinder Agreements with said employees and other eligible officials and officers, which are necessary for said persons partici- pation in the Plan, an example of which appears at Appendix B, except that any Joinder Agreement for said designated official shall be executed by the Mayor. ADOPTED this the 7th. day of July, 1981, by the City Council of the City of Lake Elmo, Washington County Minnesota SIGNED: ATTEST: (/��¢t�IA2nLLi �lJMaynaV Eder, Mayor 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: Laurence E. Whittaker City Administrator DUE FROM DUE TO OTHER FUNDS OTHER FUNDS $ 62,050.37 $ 95,678.79 18,386.06 1,351.09 32,368.24 37,185.17 24,865.20 43,573.40 $ 157,729.16 $ 157,729.16 SIGNED: MaynatdL. Eder, Mayor R81-54 RESOLUTION CITY OF LAKE ELM WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING CONDEMNATION OF LOT 6, BLOCK 1 DENDNTREVILLE HIGHLANDS 5TH ADDITION BY THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A PUBLIC LAKE 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 ELND 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 Demontreville 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 �YZ __ _ // ���.arh �`@�✓ Maynar, er, Mayor At5est: urence ittaker City Administrator e 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 J'ulyH_1, 21 1981, at 7:00 o'clock P.M., at the City a 1 Members present: Mayor Eder, Councilmembers: Dave Morgan, Laura Fraser, Jess Mottaz, Jeannie Novak Members. absent: 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 r against all liability for injury to persons or property arising from the operation thereof, 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 l 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 : l ,�.� `C. �; ZCAJ Mayor Attest: � City Administrator The foregoing resolution was duly seconded by Member Jeannie Novak , and upon vote being taken thereon, the following voted in favor: Mayor Maynard Eder, Councilmeibers: 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. i 4 REPEALED 10/20/81 by R-81,66 R-81-56 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 R81- 5 7 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION TRANSFERRING THE BALANCE FROM THE ROAD PROJECT FUND FROM THE UNDESIGNATED RESERVES IN THE GENERAL FUND TO THE BUILDING CONSTRUCTION SINKING FUND IN THE GENERAL FUND WHEREAS, construction of all improvements from the Road Project Fund are complete; and, WHEREAS, all claims for said improvements have been paid; and, WHEREAS, all bonds and interest due.for fund expenses have been paid; and, WHEREAS, all remaining assets from that fund were transferred to the General Fund by Resolution in 1980; and, WHEREAS, the City has appropriate cash reserves in the General Fund; and, WHEREAS, the City has adequate reserves in the. General Fund for all other Sinking Funds and Contingencies; and, WHEREAS, there is a balance of $131,071.13 in the General Fund from the closed Road Project Fund; and, WHEREAS, the City Council has indicated that these funds should be appropriated to the Building Construction Sinking Fund for the purposes of improving City office space, as long as they are no longer needed for fire equipment: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELND THAT, the balance of the Road Project Fund, in an amount of $131,071.13, be transferred from the undesignated reserves in the General Fund to the Building Construction Sinking Fund in the General Fund. ADOPTED, this the 4th. day of August, 1981, by the City Council of the City of Lake Elmo, Washington County, Minnesota SIGNED e• td"l Maynard der, Mayor ATTEST: Laurence Whittaker City Administrator RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY TO JOIN IN PETITIONING VALLEY BRANCH WATERSHED DISTRICT FOR A JOINT PROJECT FOR THE I-94 OUTLET. , WHEREAS, Valley Branch Watershed District and the Minnesota Department of Transportation propose to jointly use the storm water drainage that the Minnesota Department of Transportation will construct along the Interstate Highway 94 corridor at the time of construction of Interstate 94; and WHEREAS, Valley Branch Watershed District proposes to acquire a parcel known as the Barton Gravel Pit for use as a storage site as part of this system; and WHEREAS, prior to commencing such a project, Valley Branch Watershed District needs a petition; NOW, THEREFORE, BE IT RESOLVED by the City of Lake Elmo as follows: 1. The City of Lake Elmo hereby authorizes the Mayor and Administrator of said City to execute a joint petition for the project described above and committing the City of Lake Elmo to a maximum contribution of $6,000.00 towards the Preliminary Fund for said project in the event said project is not ordered. Adopted by the City Council of the City of Lake Elmo this 18th day of August, 1981. Maynaq L. Eder, Mayor ATTEST: Laurence E. Whittaker, City Administrator R-81- 59 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO BRIAN CROMBIE FOR HIS CONTRIBUTION TO THE PLANNING COMMISSION FROM JANUARY 20, 1976 TO AUGUST 18, 1981. WHEREAS, we have had the pleasure of working with Brian Crombie during his service on the Planning Commission and; WHEREAS, we have greatly appreciated his perception; his understanding of the community, the codes, and community needs and goals; and his assistance throughout the process of developing and completing the Comprehensive Plan and Zoning Ordinance adopted in 1979; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council and each and every member, past and present who had the opportunity to work with Brian Crombie hereby offer their sincere appreciation and thanks to Brian Crombie who served on the Planning Commission as its Secretary, from January 20, 1976 to August 18, 1981; Adopted this the 18th. day of August, 1981, by the. City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: Maytr d Eder, Mayor Attest: Laurence E. Whittaker City Administrator R-81-60 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A VARIANCE FROM THE SIXTY PERCENT RULE FOR LOT AREA FOR DIANE TRUDEAU. WHEREAS, Diane Trudeau 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: Lot One (1), Block One (1), SCHWARTZ-MARTINCO ADDITION, together with an undivided one-fourth (1/4) interest in Outlot D of said subdivision, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota, 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 is unbuildable without a variance, meets all the drainfield and septic requirements, meets all the setback requirements, has the required frontage on a public street, is a platted lot in an approved subdivision less than ten years old; and WHEREAS, the parcel has two adequate drainfield sites and ninety-six percent (96%) of the average lot size area in the neighborhood; 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, the City Planning Commission recommended approval of said variance request at its meeting of August 24, 1981; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The application of Diane Trudeau for a variance on Y the above -described parcel be, and the same hereby is, granted. ( Adopted by the City Council of the City of Lake Elmo this 1st day of September, 1981. Maynar :,. Eder, Mayor ATTEST: Laurence E. Whittaker, City Administrator -2- R-81-61 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO CERTAIN LOTS IN RUTH'S lst ADDITION TO LAKE ELMO. WHEREAS, the rising level of the water on Lake Elmo Lake in this City has impacted by flooding, certain platted riparian lots on said lake reducing the area remaining above minimum elevation to less than the amount currently required for granting a residential building permit thereon; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that Lots Five (5) and Six (6) in Ruth's First Addition to Lake Elmo, according to the plat thereof on file and of record in the office of Washington County Recorder, be and the same hereby is declared to be currently unbuildable and that said lots are expected to remain so until the eleva- tion of the water of Lake Elmo Lake is permanently lowered or until permission is sought and received by said City to add sufficient fill to permit construction to proceed in full compliance with existing rules governing set -back, well and sewer locations. Approved this ist day of September, 1981. t4,,) May d L. Eder, Mayor ATTEST: Laurence E. Whittaker, Administrator R: `�` .4b 422831 R-81-61 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO CERTAIN LOTS IN RUTH'S lst ADDITION TO LAKE ELMO. WHEREAS, the rising level of the water on Lake Elmo Lake in this City has impacted by flooding, certain platted riparian lots on said lake reducing the area remaining above minimum elevation to less than the amount currently required for granting a residential building permit thereon; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that Lots Five (5) and Six (5) in Ruth's First Addition to Lake Elmo, according to the plat thereof on file and of record in the office of Washington County Recorder, be and the same hereby is declared to be currently unbuildable and that said lots are expected to remain so until the eleva- tion of the water of Lake Elmo Lake is permanently lowered or until permission is sought and received by said City to add sufficient fill to permit construction to proceed in full compliance with existing rules governing set -back, well and sewer locations. Approved this lst day of September, 1981. May ATTEST: Laurence E. Whittaker, Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss CITY OF LAKE ELMO ) •4-"� d L. Eder, Mayor I hereby certify that I have compared the attached copy of Resolution R-81-61 with the original thereof in the records of my office. -arid T find said copy to be a true, correct and complete copy,,of the Resolution adopted September 1, 1981, by the City Coptic%,,�ity of Lake Elmo. Laurence E. Whittaker Dated: _City Administrator Aea ) !. !0 \ R-81-61A RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RESCINDING RESOLUTION R-81-61 TO CORRECT A TYPOGRAPHICAL ERROR. WHEREAS, the rising level of the water on Lake Elmo Lake in this City has impacted by flooding, certain platted reparian lots on said lake reducing the area remaining above minimum clevation to less than the amount currently required for granting a resi- dential building permit thereon; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that Lots Five (5) and Six (6) in Ruth's First Addition to Lake Elmo, according to the plat thereof on file and of record in the office of Washington County Recorder, be and the same hereby is declared to be currently unbuildable and that said lots are expected to remain so until the elevation of the water of Lake Elmo Lake is permanently lowered or until permission is sought and received from the City to add sufficient fill to per- mit construction to proceed in full compliance with existing rules governing set. -back, well and sewer locations. Approved this lst day of September, 1981. Maynar L. Eder, Mayor ATTEST: 4 Laurence E. Whittaker, Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF LAKE ELMO ) I hereby certify that I have compared the attached copy of Reso- lution R-81-61 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 September 1, 1981, by the City Council, City of Lake Elmo. Laurence E. Whittaker Dated: (seal) City Administrator R81-62 RESOLUTION CITY OF LAKE ELMO, WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING BUDGET FOR 1982 AND LEVYING TAXES FOR THE YEAR 1982 WHEREAS, the City Council of the City of Lake Elmo has heretofore considered and has unanimously adopted a budget setting forth in detail complete financial plans of the City for the year 1982; and WHEREAS, the City Clerk/Treasurer (City Administrator) at direction of the Council has computed'the amount of taxes necessary and within statutory limits which must be levied and collected during the year 1982 in order to provide the budgeted funds; and WHEREAS, the City Council of the City of Lake Elmo has considered the said proposed levy and determined the same to be necessary in the public interest; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the attached budget is hereby adopted and approved as the budget for the City of Lake Elmo during the year 1982, and the sums of $224,856 is hereby levied in order to provide the City with the funds required by said budget and that the sum of, $5,500, General Obligation Water Bond, and $80,000, General Obligation Park Bond, and $15,000 Equipment Certificate, also be levied for 1982 Bonaed Indebtedness. BE IT FURTHER RESOLVED, that the Clerk/Treasurer (City Administrator) is hereby directed to certify a copy of this resolution to the County Auditor in accordance with law. Adopted by the City Council this 15th day of September, 1981 SIGNED: e j`.Gw Mayna W L. Eder, Mayor ATTEST: Laurence E. Whittaker City Administrator 0 R-81-63 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, M:INNESOTA A RESOLUTION COMMENDING ROBERT WIER AND KENNETH CARROLL FOR THEIR EXTRAORDINARY EFFORTS IN THE ABSENCE OF A MAINTENANCE FOREMAN WHEREAS, the resignation and retirement of Elmer Richert effective August 1, 1.981, left the City without a Maintenance Foreman and the Maintenance Crew one man short for over six weeks; and, WHEREAS, Robert Wier and Kenneth Carroll did an outstanding job of keeping up with the normal work load un.cier difficult circumstances; and, WHEREAS, Robert Wier and Kenneth Carroll organ- ized the work, managed their time, kept up supplies and work orders, and kept the City Administrator informed of their needs and progress without the aid of a Foreman; and, WHEREAS, the staff and the City Council greatly appreciate these efforts NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THAT, ROBERT WIER is hereby commended and praised for his extraordinacy efforts on behalf of the citizens of the City of Lake Elmo; and, THAT, KENNETH CARROLL is hereby commended and praised for his extraordinary efforts on behalf of the citizens of the City of Lake Elmo, ADOPTED this the 15th. day of September, 1981, by the City Council of fhe City of Lake Elmo, Washington County, Minnesota. ATTEST: aron ro F... LaurencT .pe }• . Wh�ttry City Administrator SIGNED: Maynard L. Eder Maynard L. Eder, Mayor R-81-64 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION WITHDRAWING AND DISMISSING THE PETITION FOR VALLEY BRANCH WATERSHED DISTRICT PROJECT 1006. WHEREAS, the City of <Lake Elmo, Minnesota, the Town of West Lakeland, Minnesota and the County of Washington, Minnesota, petitioned the Valley Branch Watershed District in June, 1980, pursuant to Minnesota Statute 112.48 for an improvement project, and, WHEREAS, the Valley Branch Watershed District has completed the studies on the proposed Project 1006 and a public hearing has been held, and, WHEREAS, the City of Lake Elmo, the Township of West Lakeland, and the County of Washington have determined that the project in its present form is not proper for the following reasons: 1. The project is of an oversized design beyond the need for handling present problems. 2. The project is designed to handle water problems in areas that may never be tributary to the main stem. 3. The project provides outlets for areas where there is no problem, where there is adequate storage or where cheaper alternatives for out - letting are available. 4. The original petition did not include outlets for Downs Lake and Sunfish Lake and proposed outlets for both of those two lakes are in- cluded in this project. 5. The project proposes improvements to Tartan Park when representatives from 3M, Tartan Park and the 3M Club have indicated throughout the process that they would make these improve- ments once an outlet for Horseshoe Lake was developed. 6. The proposed project distorts the intent of the petitioners and the committee that helped develop the parameters of the engineer's report by en- larging and expanding the project far beyond the need and ability of the communities to finance the project, and R-81-64 WHEREAS, petitioners find that the assessment formula.does not acknowledge the permanent status of agricultural land in the district and the assessments and formula make it impossible to preserve and protect agri- cultural lands, and, WHEREAS the proposed assessments will cause an un- due and extreme hardship upon landowners and homeowner in the district. NOW, THEREFORE, the City of Lake Elmo, Minnesota, the Town of West Lakeland, Minnesota, and Washington County, Minnesota, hereby withdraw and dismiss their petition pur- suant to Minnesota Statute 112.48. Adopted this 6th day of October, 1981, by the City Council, City of Lake Elmo, Minnesota Maynar Eder, Mayor ATTEST: Laurence E. Whittaker City Administrator R-81-65 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING THE POLICY WITH RESPECT TO CONSIDERATION OF PROJECTS FINANCED UNDER THE MINNESOTA INDUSTRIAL DEVELOPMENT ACT (INDUSTRIAL REVENUE BONDS). WHEREAS, the City of Lake Elmc may be asked to consider projects to be financed under the Minnesota Municipal Industrial Development Act; and WHEREAS, the City Council has applied policy standards to applications;;and desires to apply these same standards to all future applications for such projects. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, THAT, the policy for considering applications for projects under the Minnesota Municipal Industrial Development Act shall be as follows: A, The Applicant should be compatible with established business within the City having a proven record of success and independent financing to assure marketing any bonds or notes issued and, pass the scrutiny of the City's financial consultants; and B. The concept plan must be approved by the City Council, and such planned use must 1, Conform to the City's comprehensive plan zoning limitations, and be a permitted expansion under the present City Zoning laws in the planned location; and 2. Meet all State and City Codes;. -and C. The project should not create demands for premature or unreasonable public services; and D. The project should provide increased employment opportunities within the City; and E. The project should increase the assessed valuation of property within the City; and F. The business should be of the type to be encouraged in the proposed location at the time of the application. G. The applicant must satisfactorily address these and other concerns of the City Council serving at the time of application; and THAT Resolution 78-34 is hereby repealed. R-81-65 Adopted this 6th day of October - 1981, by the City / Council of the City of Lake Elmo, Minnesota. ayna L. Eder, Mayor ATTEST: i , ce E. W ittaker, City Administrator RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE A JOINT POWERS AGREEMENT PROVIDING FOR MEMBERSHIP OF THE CITY IN THE RAMSEY�WASHINGTON COUNTY CABLE COMMUNICATIONS COMMISSION, WHEREAS, The City of Lake Elmo has conducted various dis- cussions 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. That the Mayor and City Administrator are hereby authorized and directed to execute the amended Joint Powers Agreement which provides for membership of the City in the RamseyWWashington County Cable Communications System, l 2, That Maynard Eder and David Garloff be designated as directors to represent the City of. Lake Elmo during proceedings of the Commission, The designated alternates shall be Laura Fraser and Zona Butler who shall act in the absence of said directors, 3, That Resolution 81-56 is hereby repealed. Adopted by the City Council this 20th day of October, 1981, Maynar 7.Eder, Mayor ATTEST: arc —taT.r LaurehT. ce�EWhf ta ear���' City Administrator RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING A VARIANCE FROM 30 MPH DESIGN SPEED ON 45TH STREET, JULEP AVENUE, AND 47TH STREET. WHEREAS, the City of Lake Elmo, Minnesota, has submitted to the Commissioner of Transportation the plans and specifications for the 1980 Street Improvements, S.A.P. 206--104-01, dated July 11, 1980, and WHEREAS, state aid funds will be expended on the improvement of said property, and WHEREAS, the City desires to improve these streets to eliminate the cost of gravel maintenance and generally improve the efficiency of the transportation system, and WHEREAS, a Variance from 14 MCAR, S1.5032 Rules for State Aid Operations under Minnesota Statutes, Chapters 161 and 162 (.1978, as amended) Paragraph H,I, a., "Rural Undivided Geometric Standards" is requested for S.A,P, 206r104,01, 45th Street, Julep Avenue and 47th Street from Jane Road North to Keats Avenue, for construction of the curved portions'of the street at a design speed of 30 mph where 40 mph is required. A. The reasons for the request are as follows; 1. To utilize as much of the existing right- of,way and roadbed as possible. 2. To minimize the amount of right-of-way acquisition. 3. To keep prime agricultural land in production which would otherwise be taken for additional right-of-way, in accordance with Lake Elmo Comprehensive Plan and Metro Council agricultural preservation policies. 4. To address concerns of adjacent farm owners expressed at public hearings regarding the movement of agricultural machinery on the road and its interaction with higher speed vehicular traffic. 5. To avoid costs associated with additional right-of-way acquisition and plan changes. B. The economic, social, safety and enviormental impacts which may result from the requested variance are as follows; R-81-67 1. The economic impact of granting the variance is that the City would replace a high maintenance gravel road with a low maintenance bituminous surfaced road, By granting the variance the City would also avoid condemning an additional 2+ acres of right-of-way and severing two parcels. 2. The social impact of granting the variance is that based upon public meetings it appears that the City would be able to obtain the 0.70 acres required for a 30 mph design without condemnation where a 40 mph design would require condemnation and severing the two parcels, 3. There will be no adverse safety or environmental impacts by granting the variance, The road presently consists of a continuous gravel road with two right angle curves. It is planned to erect advisory speed signs on the 30 mph curve if the variance is granted, C. The proposed project will eliminate an existing and proposed deficiency in the transportation system. If the variance is granted the street will become an easily and economically maintained bituminous surfaced street, If the variance is not granted it is doubtful whether any improvement will be ordered. The street will remain gravel surfaced and deficient in cross- section and design for some time, D. The effect on adjacent lands will be negligible if the variance is granted:. ,If, the variance is not granted, 40 mph design curves will take additional prime agricultural land out of production in conflict with Lake Elmo Comprehensive Plan and. Metro Council policy. The 40 mph curves may also sever two parcels. As soon as the Lake Elmo Comprehensive Plan is approved by the Metropolitian Council, two adjacent property owners will place their land in Agricultural Preserve. E. The project affects six property owners. F. The safety considerations that apply to the project concern negotiating the requested 30 mph curves by the motoring public, The existing gravel road and its continuation to the east are presently not speed zoned. The speed is Limited by the very nature of the gravel surface. The road segment immediately west of the project area is bituminous surfaced and zoned for 35 mph. The City of Lake Elmo does not believe the motoring public will exceed 30 mph on this segment, and R-81-67 WHEREAS, the City was not given sufficient notice of its right to appeal the decision of the Variance Committee; and, (. therefore, could not appeal their ruling; NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Transprotation be and is hereby requested to approve the variance for the construction of said streets at a design speed of. 30 mph and authorize state aid funds to participate in said improvements and notify the City of Lake Elmo of its right to appeal any decision and the method to do so. Approved this the 20th day of October, 1981, by the City Council, City of Lake Elmo, Washington County, Minnesota. SIGNED: Flaynar EcYer,'�l�la'ybr" ATTEST: Laurence E. Whi_ttaker City Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss CITY OF LAKE ELMO ) I hereby certify that I have examined the foregoing copy of Resolution R-81-67 with the original thereof in thefiles and records of my office and I find said copy to be true, correct and complete. Dated: Laurence E . F7 ier City Administrator (seal) RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY CONN-CO SHOES, INC. UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECRUITIES FOR .APPROVAL THEREOF. BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota, as follows: 1. There has been presented to this Council a pro- posal by Conn -Co Shoes, Inc., a Minnesota corporation (the "Company") that the City undertake and finance a project pur- suant to the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act") generally con- sisting of the acquisition of an existing building and the construction of improvements thereto and acquisition of equip- ment therefor, all to be used in part in the business of the Company as a retail, office and distribution facility and in part to be leased to commercial tenants (the "Project"). Under the proposal, the Project facilities will be owned by the Company, and the Company will enter into a revenue agree- ment with the City upon such terms and conditions as are . necessary to produce income and revenues sufficient to pay when due the principal of and the interest on up to approx- imately $2,200,000 Industrial Development Revenue Bonds of the City to be issued pursuant to the Act, to provide monies for the acquisition, construction and installation of the Project; and the City will pledge its interest in the revenue agreement to secure the bonds. 2. As requied by the Act, this Council conducted a public hearing on November 3 , 1981on the proposal to undertake and finance the Project a ter publication in the official newspaper and a newspaper of general circulation in the City of a notice setting, forth the time and place of hear- ing; stating the general nature of the Project and an estimate of the principal amount of bonds or other obligations to be issued to finance the Project; stating that a draft copy of an proposed Application to the Commissioner of Securities, to- gether with all attachments and exhibits thereto, is available for public inspection at the office of the City Clerk, in the City Hall, at all times between the hours of 8:00 A.M. and 4.30 P.M. each day except Saturdays, Sundays antic holidays to and including the day of hearing; and stating that all parties who appear at the public hearing shall have an opportunity to express their views with respect to the proposal. The draft application to the Commissioner of Securities, together with all attachments and exhibits thereto, was on file and available for public inspection at the place and times set forth in the notice. 3. It is hereby found, determined and declared that the Project furthers the purposes stated in Section 474.01 of the Act in that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the retention and development of industry to use the availabl6 resources of the community, in order to retain the benefit of its existing investment in educational and public service facil- ities; by halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and the more intensive development of land available in the area to provide a more adequate tax base to finance the cost of governmental services in the Municipality, county and school district where the Project is located. 4. The Company has entered into preliminary dis- cussions with Rothschild Financial Corporation as financial con- sultant, and the financial consultant has reported that the Project and the sale of bonds therefor are feasible. 5. The Company has agreed to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner of Securities and whether or not the Project is carried to completion. 6. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Securities and subject to final approval by this Council and by the purchasers of any bonds to be issued as to the ultimate details of the Project and as to the terms of the bonds. 7. In accordance with Section 474.01, Subd. 7 of the Act, the Mayor, the City Clerk, and such other officers and repre- sentatives of the City as may from time to time be designated are hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and request her approval thereof, and the Mayor, the City Clerk, and other officers, em- ployees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require. The Company, Faegre & Benson as bond counsel, the City Clerk, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agree- ment and such other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously, 8. The Company is hereby authorized to enter into such contracts, in its own name and not as agent for the City, as may be necessary for the construction of the Project by any means available to it and in the manner if determines without advertisement for bids as may be required for the acquisition or construction of other municipal facilities, but the City shall not be liable on any such contracts. Adopted by the City Council of the City of Lake Elmo this 3rd. day of November, 1981 Maynar . Eder, Mayor AZUIPA,t(-e t: //'' 11l _1j��� Cr. W���n-Yl,e.-' Laurence E. Whittaker City Administrator R-81-69 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA WHEREAS, Jeffrey Burgoyne has made application to the City of Lake Elmo for a variance request and a permit application for the construction of a septic system at a residence owned by him at 2832 Legion Avenue North within the City of Lake Elmo legally described as follows, to -wit: Lot 6, Block 1, MYRON ELLMAN ADDITION, according to plat thereof on file and of record with the Washing- ton County Recorders Office, Washington County, Minnesota. WHEREAS, the applied for construction can not take place with- out a Variance from the setbacks required from buildings and pro- perty lines; WHEREAS, numerous problems have been experienced by the ap- plicant with the present septic system due in part to the rising round water,.table in the area of Le g gion Pond. The applicant pro- poses to construct a conventional bed septic system in the front yard of the property; WHEREAS, the City Engineer has reviewed the proposal and has recommended granting the variance only upon certain terms and con- ditions and; WHEREAS, the City Council has considered the recommendations of the Engineer and all the surrounding facts and circumstances; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The application of Jeffrey Burgoyne for a Variance out- lined above be and the same hereby is granted on the fol- lowing terms and conditions and subject to the applicant agreeing to the terms and conditions outlined below and evidencing that agreement by executing a copy of this Resolution. The condition shall be as follows: (a) The distance between the bed and the water line should be 10 feet'. The bed dimensions should be 20 feet by 32.5 feet. The spacing between the dis- tribution pipes should 5 feet. The water line in N-S direction should be eliminated. The street Right -of -Way should be shown on East edge of the bed. ei 11 11.� HURGOYNE VARIANCES: In addition to the Engineer's, recomme:dations the Council required yearly inspection of the system, -by the home owner, to insure the system is operating properly, The Council discussed metering the water use and the use of the vacant lot, next to Burgoyne, as a future drainfield site. M/S/P Mottaz/Morgan adopting' R-81-69 granting a varinace from build & property line setbacks, but not from the 1.0' waterline setback, because that is a Minnesota Health Department regulation, subject to the following conditions: 1. On page 3 of the percolation report - the distance between the bed and the water line should be 1.01. The bed dimensions should be 20' x 32.5'. The spacing between the distribution pipes should be 5'-0". The water line in a north -south direction should be eliminated, The street right-of-way line should be shown on the east edge of the bed. 2. On page 5 of the percolation report,- revise the spacing to 5'-0" between distribution pipes. 3. On page 6 of the percolation report - the drawing shows the bottom of the bed 18 inches below the ground surface and ground mounded up 6 inches. This may interfere with surface water drainage away from the house. It is recommended that the bottom of the bed be placed 24 inches below the ground surface and no mounding occur. r 4. The distribution box be fitted with a baffle to evenly distribute the effluent. 5. The existing septic tank :is proposed to be reused, if this is done, the cover should be removed, entirely cleaned out, and inspected for water tightness before reuse. 6. The northerly side yard should be sodded after construction because of its steep slope. 7. The applicant should be made aware that this system just meets minimum standards. The occupants of the house should be encouraged to practice water conservation as much as practical. 8. A yearly inspection of the system be made by the homeowner with the results forwared to the City. Inspection entails opening the distribution box to verify that there are no solids present and opening the septic tank and measuring the depth of the sludge and water level in the tank, Mr. Burgoyne will have to identify the corner boundaries of the property before beginning construction. The Engineer's .letter will serve as a basis for inspection of 94A the system during construction. F R-81-70 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ARNOLD M. ENGSTROM FOR AN OPEN SALES LOT. WHEREAS, Arnold M. Engstrom has made application to the City of Lake Elmo for a Conditional Use Permit to operate an open sales lot on property located in the City of Lake Elmo, the address of which is 9200 Hudson Boulevard in said City, and commonly known as J & W Marine; WHEREAS, a public hearing was held on this application by the City Planning Commission on November 9, 1981; WHEREAS, the City Planning Commission did on November 9, 1981, recommend the approval of said Conditional Use Permit upon certain conditions; WHEREAS, the area is zoned to permit this conditional use; WHEREAS, the application meets all of the requirements of the City Code, NOW, THEREFORE, BE IT RESOLVED by the City of Lake Elmo as follows: 1. The application for a Conditional Use Permit for an open sales lot be and the same hereby is granted upon the following terms and condi- tions: A. A maximum of 30 cars be allowed in the permitted open sales lot. B. Planting islands shall be installed and completed by June 1, 1982 pursuant to the site plan as submitted to the City. C. Landscaping and planting shall be located' and approved by the City Engineer by the City Engineer and the City Council of Lake Elmo. 2. The appliant shall not interfere with the parking of any other businesses located adjacent to this location. \A4- 3. The appliant shall delineate and preserve the fire lane that serves the other businesses on the adjacent property. 4. The applicant shall comply completely with the City Sign ordinance. Adopted by the City Council of the City of Lake Elmo this 17th day of November, 1981. ATTEST: Laurence E. Whittaker, City Administrator CITY OF LAKE ELMO B Y ht �.�.;fz")Maynar L. Eder, mayor C �' w R-81-71 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A SIMPLE LOT DIVISION FOR CARL AND DAN OLINGER WHEREAS, Carl and Dan Olinger are the owners of the following described parcel in the City of Lake Elmo, legally described as follows, to -wit: That part of the East 186.00 feet of the West 405.00 feet of Government Lot 5 of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota lying northerly of the South 1711.82 feet thereof, as measured at a right angle to the south line of said Government Lot 5, containing 1.97 acres, more or less. Subject to a 66.00 wide road easement over that part of the above described tract lying 33.00 feet each side of the following described center line: Commencing at the southwest corner of said Govern- ment Lot 5; thence North 01 degree 42 minutes 37 seconds West, bearing oriented to the Washington County Coordinate System, South Zone, along the west line of said Government Lot 5 a distance of 1943.00 feet to the center line of Lake Jane Trail as presently traveled and the point of beginning; thence North 82 degrees 06 minutes 53 seconds East along said center line 218.31 feet; thence easterly along said center line and a tangential curve, concave to the south, having a radius of 3926.21 feet and a central angle of 02 degrees 45 minutes 10 seconds, a distance of 188.64 feet to the east line of the West 405.00 feet of said Government Lot 5 and said center line there terminate. WHEREAS, it appears the above described parcel was not at the time of the application separately described parcels of record; and "WHEREAS, there does not appear to be any reason relating to the public health, safety and welfare which would require a denial of this simple lot division; and WHEREAS, the City Planning Commission considered the proposed simple lot division on November 9 1981. i eA NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The application of Carl Olinger and Dan Olinger for a simple lot division for the real estate described above be and the same hereby is granted subject to the follow- ing conditions to which the applicants agree. a. The property on both sides of 45th Street shall be shown as one parcel with 66 feet of right-of-way for Lake Jane Trail being shown as an exception. b. A legal description shall be furnished the City which describes the two parcels as one parcel. C. A legal description for the exception from the parcel described in the preceeding paragraph and a deed to the City for that parcel. d. Applicants shall agree that these parcels can not be separated. Adopted by the City Council of the City of Lake Elmo this 17th day of November , 1981. ATTEST: Laurence E. Whittaker City Administrator Maynai;�I' L. Eder, Mayor -2- r � $ R-81-72 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A MINOR SUBDIVISION FOR GEORGE HEDGES. WHEREAS, George Hedges has made application to the City of Lake Elmo for a minor subdivision of the following - described real estate located in the City of Lake Elmo, Washington County, Minnesota, and legally described as follows: That part of Government Lots 3 and 6 of Section 9, Township 29 North, Range 21 West, Washington County, Minnesota described as follows: Beginning at Judicial Landmark No. 5 (a 2-1/2" brass cap set in concrete inside a 3-1/2 inch iron pipe), as established in Torrens case No. 334, which is on the south line of Lot 14 of OACE ACRES SECOND ADDITION according to the plat of record in the Office of the County Recorder, Washington County, Minnesota; thence West, orientation of assumed bearing system, along the south line of said Lot 14 a distance of 170.3 feet to the southwest corner of said Lot 14; thence continue West along the south line of Lot 13 of said OACE ACRES SECOND ADDITION 304.2 feet to the southwest corner of said Lot 13; thence South 70.00 feet; thence East parallel with the south line of said OACE ACRES SECOND ADDITION 398 feet, more or less to the shoreline of Lake Jane; thence northeasterly along said shoreline 105 feet, more or less, to the south line of said Lot 14; thence West along said south line 2.0 feet, more or less to the point of beginning, containing 0.56 acres, more or less: WHEREAS, it appears the above -described land was not at the time of the application a separately -described parcel of record; and WHEREAS, there does not appear to be any reason relating w.� v to the public health, safety and welfare which would require a denial of said minor subdivision for said property; and WHEREAS, the City Planning Commission considered the proposed minor subdivision on November 9, 1981, and recommended the approval thereof with certain conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The application of George Hedges for a minor sub- division of the above -described parcel is hereby granted subject to the following conditions: A. The above -described parcel shall be incorporated for real estate taxing purposes with the parcel known as Lot 13, OACE ACRES SECOND ADDITION. B. The above parcel does not constitute a buildable lot and cannot be sold as a separate parcel or lot. Adopted by the City Council of the City of Lake Elmo this 17th day of November, 1981. r_'1VWU26VW I Laurence E. Whittaker, City Administrator .� C., ��F Maynard . Eder, Mayor -2- �: t R81-73 RE.OLUTZON CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION SUPPORTING THE EFFORTS OF WASHINGTON COUNTY TO TRANSFER THE COUNTY STATE AID HIGHWAY DESIGNATION FROM C.S.A.H. 17 TO CO. ROAD 70 IN LAKE ELMO, FROM C.S.A.H. .19 TO I-694 AND TO REALIGNED CO. ROAD 68 FROM C.S.A.H. 13 TO STATE HIGHWAY 36. WHEREAS, the City of Oakdale has proposed a realign- ment of Co. Road 68 from C.S.A.H. 13 to State Highway 36 in order to solve long-standing traffic problems along 50th. Street and at the intersection of State Highway 120 and 50th. Street; and, WHEREAS, that plan also meets the needs of the City of Lake Elmo and generally meets with the approval of the City Council of the City of Lake Elmo; and, WHEREAS, that County road would then carry traffic from a State Highway to a County State Aid Highway and would serve the needs of at least two communities; and, WHEREAS, the present County road is much in need of repair and reconstruction and the realignment would solve those problems; and, WHEREAS, the best way to encourage and insure County participation in the realignment/reconstruction of that County Road is to secure County State Aid Highway designa- tion for County Road 68; and, WHEREAS, the County must transfer 32 miles of C.S.A.H. designation from C.S.A.H. 17 between State Highway 5 and I-94 once I-94 is completed, as the road will no longer connect a State Highway and a C.S.A. Highway; and, WHEREAS, the County could transfer approximate 2 miles of that C.S.A.H. designation to County Road 70 between C.S.A.H. 19 and I-694, and better meet the needs of the City of Lake Elmo, the City of Oakdale and Washington County; and, WHEREAS, that part of County Road 70 between I-694 and State Highway 120 is already improved to four lanes and con- crete pavement; and, WHEREAS, the County could transfer the balance of the 3z miles of C.S.A.H. designation to County Road 68 and meet the needs of the County, the City of Lake Elmo and the City of Oakdale without jeopordizing the future road plans for Demontreville Trail C.S.A.H. 13 and Minnehaha Avenue in Oakdale; and, R-81-73 WHEREAS, the City of Lake Elmo cannot accept the trans- fer of C.S.A.H. designation from Demontreville Trail to County Road 68 as that would jeopordize the planned improve- ments and maintenance of Demontreville Trail and C.S.A.H. 13; and, NOW, THEREFORE, BE IT RESOLVED by the City Council, That the City of Lake Elmo endorses the plan to realign 50th. Street to Highway 36 and designate it a County State Aid Highway. That the City of Lake Elmo hereby recommends and en- courages the Board of County Commissioners of Washington County to transfer the County State Aid Highway designation to be re- moved from C.S.A.H. 17 to County Road 70 from C.S.A.H. 19 to I-694; and to County Road 68 from C.S.A.H. 13 to State Highway 36, immediately; and, That the City of Lake Elmo asks the County Board of Commissioners to make these State Aid designation transfers early in 1982 to allow for early construction for the realign- ment of 50th. Street; and, That the City of Lake Elmo strongly opposes the transfer of C.S.A.H, designation from C.S.A.H. 13 north of Olsen Lake Trail (Demontreville Trail) to County Road 68. ADOPTED, this the 17th. day of November, 1981, by the City Council, of the City of Lake Elmo. Maynard&. Eder, Mayor ATTEST: Laurence E. Whittaker City Administrator R-81-75 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTYP MINNESOTA A RESOLUTION ACCEPTING THE GRANT OFFER FROM THE STATE OF MINNESOTA FOR STEP 1 - FACILITIES PLAN � 201 WHEREAS, the City of Lake Elmo has accepted a Federal grant offer for Step 1,, 201, Facilities Plan; and, WHEREAS, the City of Lake Elmo will complete Step 1 within the schedule approved in that grant offer. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, that it hereby accepts the grant offer from the State of Minnesota in the amount of $9,375 for: 17 Step l the preparation of a facilities plan, BE IT FURTHER RESOLVED, that the City of Lake Elmo authorizes Laurence E, Whittaker, the designated representative, to sign all documents necessary to the acceptance of this grant offer. Resolution introduced by, Councillor Tess Mottaz Resolution seconded by; Councillor Dave Morgan Vote on Resolution: 5-0 WHEREUPON the above Resolution was adopted at the regular meeting of the Lake Elmo City Council, this the 1st day of December, 1981, Signed: x 'e - Mayor 6ffid Chairman of -ity Council ATTEST; RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT DIVISION TO WALTER GOETSCHEL. WHEREAS, Walter Goetschel has made application to the City of Lake Elmo for a simple lot division on a parcel of land located in said City and legally -described as follows, to -wit: The South 1725.06 feet of the East 505.00 feet of the West Half of the Southeast Quarter (W z of SE 4) of Section One (1) , Township Twenty-nine (29), Range Twenty-one (21) West, City of Lake Elmo, Washington County. Parcel contains 871,200 square feet. 20 acres subject to right-of-way of 50th Street North; and WHEREAS, it appears the above -described land was not at the time of the application a separately -described parcel of record; and WHEREAS, there does not appear to be any reason relating to the public health, safety and welfare which would require a denial of this simple lot division; and WHEREAS, the City Planning Commission considered the proposed simple lot division on December 14, 1981, and recommended the approval thereof; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows, to -wit: 1. The application of Walter Goetschel for a sample lot division for the real estate described above be, and the same hereby is, granted provided this 20 acre parcel will have adequate public access and will not create an unbuildable land lot or nonconforming parcel; and further it is understood this parcel is contiguous to land presently owned by the applicant. 2. The applicant shall deliver to the City a deed conveying to the City an easement for right-of-way purposes over the Southerly 33 feet of the above -described parcel. 3. The City Administrator is authorized to approve the recording of any deed required for transfer of the above - described parcel.. Adopted by the City Council of the City of Lake Elmo this 15th day of December, 1981. r:V"N�6 Laurence E. Whittaker, City Administrator Maynar . Eder, Mayor -2- R-8i-80 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO LEONARD HANSON FOR AN OPEN SALES LOT. WHEREAS, Leonard Hanson has made application to the City of Lake Elmo for a Conditional Use Permit to operate an open sales lot on property located at 10824 Hudson Boulevard, legally described as follows, to -wit: The South 627.9 feet of the West 618.0 feet of all that part of the southeast Quarter of the Southeast Quarter (SE4 of SE4) of Section Thirty-five (35), Township Twenty-nine (29) North, Range Twenty-one (21) West, East Oakdale Township, lying North of the Northerly right-of-way of Minnesota Highway No. 12. WHEREAS, a public hearing was held on this application by the City Planning Commission on December 14 1981; and WHEREAS, the City Planning Commission did, on December 14, 1981, recommend the approval of said Conditional Use Permit with certain conditions; and WHEREAS, the area in question is zoned to permit this conditional use; and WHEREAS, the application meets all other requirements of the City Code. NOW, THEREFORE, BE IT RESOLVED by the City of Lake Elmo as follows: 1. The application for a Conditional Use Permit for an open sales lot for Leonard Hanson on the above -described property be, and the same hereby is, granted upon the following terms and conditions: A. No permanent structure shall be built in support of this use. B. The display area for all equipment including the presently permitted horse trailers shall not exceed an area in size of 150 feet by 300 feet measured in an east -west direction and located in the Southeast part of the above -described parcel. C. All other storage of equipment shall be stored either inside a building or screened from Highway 12 and the neighboring properties, all as provided by the City Code. 2. The applicant shall execute a copy of this Resolution indicating his agreement to be bound by the conditions contained herein. Adopted by the City Council of the City of Lake Elmo this 15th day of December, 1981. ATTEST; C < Laurence E. Whittaker, City Administrator CITY OF LAKE ELMO Mayna d L. Eder, Mayor Leonard Hanson -2- RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION URGING THE METROPOLITAN COUNCIL TO OPPOSE THE SELECTION OF THE LAKE ELMO REGIONAL PARK RESERVE AS A POSSIBLE LANDFILL SITE AND URGING THE METROPOLITAN COUNCIL TO REQUIRE WASHINGTON COUNTY TO SUBMIT AT LEAST FOUR SITES FOR SOLID WASTE LANDFILLS IN THE COUNTY WHEREAS, the ake Elmo Regional Park Reserve was established to preserve the unique and precious natural re- sources in and around Eagle Point Lake; and, WHEREAS, the Metropolitan Council and Washington County agreed to preserve this land for park and open space uses through covenants and assured everyone who sold land for the park reserve and the City that such land was to be used for a Park Reserve; and, WHEREAS, any landfill will take land out of Park Reserve, uproot wildlife, destroy natural vegetative and wildlife habitat, and destroy the very things the Park Re- serve is intended to preserve; and, WHEREAS, this land was determined to be unsuitable for a sludge and ash disposal site under the same criteria as it is now being evaluated for a landfill site, by the Metro- politan Council; and, WHEREAS, State law discourages the use of park pro- perty for a landfill by setting a standard that such sites should be no less than 1000 feet from a park; and, WHEREAS, Washington County has asked for a Variance from the Metropolitan Council from the requirements of State law that they submit four intrincically suitable sites for con- sideration by the Metropolitan Council; and, WHEREAS, Washington County did not even investigate their own alternate sites nor many of the areas known to be suitable for a landfill; and, WHEREAS, there are many areas of Washington County that are more suitable for a landfill than the Lake Elmo Re- gional Park Reserve; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, OEM THAT, the City of Lake Elmo hereby urges the Metropolitan Council to deny Washington County's request for a Variance from the requirement that they submit four sites for a solid waste landfill in Washington County; and, THAT, the City of Lake Elmo hereby urges the Metropolitan Council oppose the siting of any landfill in or near the Lake Elmo Regional Park Reserve and, thereby, enforce its own covenants and promises to the landowners and the City of Lake Elmo; and, THAT, the City of Lake Elmo hereby urges the Metropolitan Council require Washington County to submit all four required sites for a solid waste landfill in Washington County exclusive of the Lake Elmo Regional Park Reserve before any site is considered by the Metropolitan Council. ADOPTED, this the 15th. day of December, 1981 by the Lake Elmo City Council. SIGNED: maynalu L. Eder, Mayor A EST: 4 Gi f7� Laurence E. Whittaker City Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss CITY OF LAKE ELMO ) I hereby certify that I have compared the attached copy of Resolution R-81-81 with the original thereof in the records of my office and I find said copy to be a true, correct and complete copy of the Resolution adopted December 15, 1981, by the City Council, City of Lake Elmo. Laurence E. Whittaker City Administrator DATED: (seal) RESOLUTTpN R-81-82 CXTY WASHSNGTpN CO ZAKE EZPgp iTIIE OLUTZOTTNNESOTA TREpLREQUESTTNTLZE HTGHL�DG CONDEP4NAT XoN ACINSTR op G A NATURAL RESOURCDDX TR A U ZTliEI MTNNE p A� AS it LAKE ACCESS to is the st at i of On e to and �p a e o1 nd th the DNR to ua the Pub d 1 elCPm nt ouand l elist Lake f olit acce r eVs i j r Cit s takingfor isances to access which access ke d rd. ndtheesderat� horeproPof Y 0 needaaft3-0 montrea�1le priv Lake rs and haz ds 0 , the C. ProPetver y, and an extre171 nt 1 e Private Dor over DN ) haVey of ke Elmo and nuisance Z the 1a five Years; anaegotiatinglfnor acCeDepartment a le is nOw Plat-nj Par° ss to Lake f vacant co despite C. ted el- and and r° ontract ford °n or near De greement 1ty, DNR new housing; "lands, 5 h Additi owne pOf 3 0 pressee. de the n ;the Onr esent own; On a Purchase lock the DNR the he �mmed�ate future; s stated his 1 Price; and, re; a intention but n DNR ad and ention to a ire gh area for PubliC1 -is itabj across the adjhe re Parking_ and for the Public from oPertY also and alread 110 access and e and, Y acquired b NR cit accept ePMR table do then -1 Plan for the the D is CSTYIRE nts, Publ'park!ng a ea BE ac and the-r IT RESOLVED By THE CITY COUNCIZ 0 Minn tY o doma' of NaL ke Elmo hereby E THE ou Demon lake aced bysthe Ss emP oy trc h that the area ds, Sth Adses, to ate ee latpoee Of e e eVi1le in aheion f r acquire ptih LOt 6 Blo �Or, the 1n nt R-81-82 THAT, the City Council hereby endorses the plan for the public ResourcesCess Decembern2, 1ed 981, providedMinnesota thatetthereeareo12Natural parkin spaces for vehicles with trailers and only three (3) spaces vehicles without trailers, paces for D, this the ecember, 191, by Council,ACityEof Lake Elmo, SWashington DCounty, Minnesotta.the City SIGNED: Mayn r L, Eder, Mayor ATTEST: Laurence E. Whitt— aTei --- City Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON CITY ;OF LAKE ELMO ) I hereby certify that I have compared the attached copy of Resolution R-81-82 with the original thereof in the records of my office and I find said copy to be a true, correct and complete copy of the Resolution adopted December 15, 1981, by the City Council, Citv of Lake Elmo. Laurence E. Whittaker City Administrator DATED: (seal) R-81- 83 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING RESOLUTION 78-29 REGARDING THE USE OF PART OF JAMACA AVENUE WHEREAS, Resolution 78-29 of the City Council of the City of Lake Elmo required that all that part of Jamaca Avenue North lying South of a line drawn East and West across said Jamaca Avenue North sixty (60) feet south of, and parallel to, an ex- tension of the northerly line of Lot Three (3), Block Four (4), Foxfire Estates remain unimproved and reserved for emergency use only; and, WHEREAS, the City Council of the City of Lake Elmo, upon a petition of the neighbors and a survey of affected property owners, has determined that Jamaca Avenue should be improved to City standards and opened for general public use; NOW, THEREFORE, BENT RESOLVED by the City Council of the City of Lake Elmo, THAT, HENCEFORTH, all of Jamaca Avenue from Jamaca Boulevard in Foxfire Estates to Jane Road North shall be available for general public use. Adopted this 15 day of December, 1981, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Maynard Eder, Mayor ATTEST: ,` Laurence E. Whittaker, City Administrator