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HomeMy WebLinkAbout10-19-82 CCMLAKE ELMO CITY COUNCIL MEETING, OCTOBER 19, 1,982 Mayor Eder convened the meeting at 7:08 p.m. Councillors present: Novak,.Mottaz and Fraser. Morgan absent. 1. AGENDA: Additions - 16. Ratification of Hasse Agreement 17. Bob Lockyear - Landfill wells M/S/P Novak/Mottaz to accept the agenda, as amended. Carried 4-0. 2. MINUTES: October 5, 1982 - M/S/P Eraser/Mottaz to accept the minutes of October 5, 1982. Carried 4-0. 3. CLAIMS: M/S/P Mottaz/Fraser to approve Claims 83047 thru 83079. Carried 4-0. 4. LICENSES: M/S/P Mottaz/Fraser to approve the following licenses: Ceneral Contractor - Cliff Bergaren Berggren Construction Carpentry 8 Crocus Lane St. Paul, Mn. 55110 Sewer Installers - Kuehn Excavating 1381 Goose Lake Rd. White Bear Lake, Mn. 55110 Mack's Excavating & Grading 2168 E. 65th St. Inver Grove Heights, Mn. 55075 13. NOVEMBER 2, 1982, MEETING: M/S/P Fraser/Mottaz to change the November 2, 1982, meeting date to November 3, 1982, at 7 p.m. Carried 4-0. This date was changed because of the election on November 2. 14. VACATION - KEATS AND KELVIN AVENUES IN REGIONAL PARK: M/S/P Fraser/Mottaz to hold a public hearing on the Vacations of Keats Avenue and Kelvin Avenue in the Regional Park for November 3, 1982, at 7:30 p.m. carried 4-0. 15. COPY CODE AMENDMENTS: M/S/P Fraser/Mottaz to authorize up to $700 to photo copy the code amendments, per the Administrator's recommendation. Carried 4-0. 16. HASSE AGREEMENT: M/S/P Eder/Fraser to ratify an agreement between the City and l Elmer Hasse to temporarily place a house being moved from 'amended Woodbury to Oakdale*in Lake Elmo. Carried 4-0.*through Lake Elmo 11/3/82 The house was moved from Lake Elmo on October 19. CITY COUNCIL MEETING, OCTOBER 19, 1982 -2- 9. 5, MINING PERMITS - JIM MC NAMARA: A. Shafer - Building Inspector's Comments: WIT -run, clean operation. Conforming to the Ordinance, no problems. Viewed the site, M/S/P Mottaz/Fraser to approve a mining permit for Shafer Mining for 1983. Carried 4-0. B. Hammes - Building Inspector's Comments: Been to the site three times this year - nothing has changed in the operation since last year„- no better or worse than a year ago. Mining operation is conforming to the Ordinance area fenced off, slopes are proper, no safety hazards were observed. Recommended renewing the permit for 1983, Concrete Piles - no other material stock piled. The concrete piles are broken down to a point where it can go through a primary crusher. Mr. Hammes has not reported in weekly, as required by the Council, on the status of the concrete material;and the status of the structures being moved and/or beingplacedon foundations. McNamara indicated that if the weekly reports are not received either the Building Inspector or the Administrator will call there weekly for a status report. M/S/P Fraser/Mottaz to renew the Hammes Mining Permit for 1983. Carried 4-0. KEATS AVENUE ASSESSMENT HEARING: Mayor Eder opened the hearing at 7:15 p.m, Engineer Bohrer reported on the status of the project. Because of the weather the project is about two weeks behind schedule, but, all the improvements should be completed this fall. The proposed assessments are based on the project estimates for the total cost of the improvement, The Engineer distributed .,a sheet indicating "Determination of Assessable Costs" - the as- sessed amount being $22,705.61 or,$756,85 per lot.- 30 lots were considered benefitted by this -project_- the assessable lots were. deter-mined•by the number of lots a parcel could be divided into under the present zoning; and, a sheet outlining !'Annual Payments" (principal + interest) for a 5, 10, and 15 year termvat 8% interest, Council action requires accepting or modifying the assessment roll, as presented; -determining, the term of the assessment (number of years it would be assessed over); and the interest rate to be charged. After the assessment role is determined, there is a 30 day period,in whiohi.an individual can pay the assessment with no interest, otherwise, the assessed amount will be certified to the County for collection with the 1983 property taxes. AUDIENCE COMMENTS: --Eleanor Raleigh, 5193 being'assessed - does --Bohrer - some parcels Keats is either RR or into four (4) 10 acre Keats - asked about the size of the lots each have 40A, if in Ag, may be 1-1 1/2:acres. The zoning along Ag. 1n;RR_a 40A parcel could be divided lots, . . CITY COUNCIL MEETING, OCTOBER 19, 1982 -3- 5. KEATS AVENUE ASSESSMENT HEARING - Continued --Bohrer - The Raleigh property is zoned Ag. There are three parcels in Mrs. Raleigh's name - the one Steve Raleigh is living on (this is considered one lot); Mrs. Raleigh's home- stead (considered one lot); and an 80A parcel (considered two lots), 40 acres abuts Keats and 40 acres behind the front,40A that has no other access other than Keats. 4 accessible lots were calculated under Raleigh ownership. --Eleanor Raleigh - questioned the back 40 acre parcel as benefitting when there is no access unless a road is built. --Bohrer - referenced the section map to identify the property in question., As the "back 40" has no other access than Keats Avenue, this was considered as;being a benefit. --Eder - the 80 acres could be split east to west with both parcels containing 40 acres fronting on Keats. --Bohrer - further explained the benefit to the 40 acre parcel Under .present zoning, this is considered an 80 acre parcel (not two 40 acre parcels) containing -two 40 acre lots in the Ag zone. --Eleanor Raleigh - how much of a drop will there be between the driveway and the road. --Bohrer - there won't be any drop. Every existing driveway will be paved to the property line and match in flush with the existing driveways. --Mary Slawson, 5550 Keats - questioned the interest payment. Letter from the Administrator indicated that no interest would be charged until October, 1983. --Bohrer - read from the letter as follows: Assessments are proposed to be paid in one year with no interest. All unpaid assessments will be assessed 8% interest of the unpaid balance as of October 1, 1983. All assessments will be certified for collection with 1983 property taxes." --Fraser - understand this to mean that the assessment can be. paid in 1983, but, interest does not start until after October 1983. Payment, therefore, is not due within 30 days. --Mary Slawson - would rather pay it than have it go on the taxes. --Robert Ziertman, 10193 60th St. N. - willing to go along with what is indicated in the letter. --Bohrer - would recommend 10 years or less for the terms. --Fraser - 5 years might be more feasible, if the people could handle it. --Robert Ziertman - would prefer 10 years - can be paid up sooner if desired. . -Eder - if the property is in Green Acres, payment can be deferred until the property is converted; but, the interest compounds at 8% on the unpaid balance. —Fraser - asked Bohrer if it is common to start interest one month after the assessment roll is determined, and what is written by the Administrator is not the usual approach. --Bohrer - yes, that is correct. --Fraser - then have to go by the usual approach. --Mottaz - have to assume the Administrator's dates -are a typo- graphical error. The decision is not the Administrator's to make - it"s up to the discretion of the Council. --Eder - should use the 10 year term. Fraser agreed. --Bohrer - recommended whatever decision the Council makes, that another notice be sent to the residents notifying them of their official assessment. CITY COUNCIL MEETING, OCTOBER 19, 1982 -4- 5. KEATS AVENUE ASSESSMENT HEARING Continued --Bohrer - Noted that the proposed assessment is less than the estimate indicated at the Feasibility Hearing. --Eder - would like to set a modified grace period, not neces- sarily October, if the standard is 30 days, to get everything complete,, possibly 60 days because of the errore If.collect the interest, reimburse it. Go on the tax rolls, interest accrued and paid to the City, but reimburse the interest for the period 30 days hence until October 1, 1983. --Bohrer - believes the City must give at'ledst 30'dayo,. The $22,000_that _is not eligible for State Aid reimbursement; , the City is paying this out of some funds. --Mottaz - those residents who choose to pay this annually through their taxes will not get the benefit of one year free interest that those that prepay get. They will be paying interest for all of 1983. --Bohrer - suggested not assessing any interest for the remainder of 1982. The Council agreed. - - Mayor Eder closed the hearing at 8:50 p.m. M/S/P Fraser/ Mottaz to adopt Resolution 82-53, a resolution accepting the assessment figure of $22,705.61 and the assessment roll, -as presented by th.e'Engineer, for the Keats -Avenue' Improvement Projects •.And, adopting a 10 year annual payment term, with interest accruing as of January 1, 1983 at an annual rate of 8%, Assessments to be certified to the County for collection with 1983 property taxes. Carried 4-0. Intent of the Administrator's letter will be clarified. All property owners will be notified of their final assessment. 'amended *anextension to November 15 11/3/82 M/S/P Mottaz/Fraser to apprompletion of the Keats Avenue Improvement Project, per the'. -Engineer's letter of October 13, 1982. Carried 4-0. 6. LEMIRE SEWER ASSESSMENT HEARING: Mayor Eder opened the hearing at 8:00 p.m. There was no audience in attendance for the hearing. The proposed assessment for the Lemire sewer replacement is $1,875.48. Council action requires accepting or modifying the assessment, determining - the interest rate; and the term over which the assessment should be collected. The Engineer distributed a sheet outlining equal annual payments over a 5, 10, and 15 year period,_ He recommended that the term not exceed 10 years, The Council determined that 10% interest was a reasonable rate over a 10 year period, - ' Lemire's did not attend the hearing or send written comments. M/S/P Mottaz/Fraser to adopt Resolution 82-54, a resolution accepting the assessment amount of $1,875.48, for the Lemire Sewer Replacement, and adopting a ten year annual payment term with interest accruing 30 days from October 19, 1982, at an annual rate of 100-6. Assessment to be certified to Washington County for collection with 1983 property taxes. Carried 4-0. LAKE ELMO CITY COUNCIL'MEETING, OCTOBER 1.9. 1982 -5- 7. DON RALEIGH/LEO RALEIGH - LOT RESUBDIVISION & RLS: Bruce Folz presented the proposed resubdivision and registered l land survey which identified the two redefined Parcels-. Folz explained the land area, building location and septic and drainfield area of both parcels. -^Mott z - asked if there were presently any septic problems on Tract A (Leo Raleigh parcel). --Don Raleigh - Leo has contacted a sewer installer about putting in a new system. --Jim McNamara, Building Inspector - has viewed the property - sees this division as benefitting Don Raleigh and not hurting Leo Raleigh. There is ample area on Leo Raleigh's property for another septic system. Adding the 40' to Don Raleigh's parcel will give him more room for an alternate drainfield site. The proposed room addition will not interfere with the alternate drainfield area. --Folz - About 7600 sq. ft. will be added to the Don Raleigh lot. --Don Raleigh - in response to a question concerning his present septic system, the present new system is functioning fine. --Mottaz - as long as Leo Raleigh has enough room for another system - sees no problem with the proposal. The Planning Commission recommend approval of the RLS.(Oct. 11). M/S/P Mottaz/Novak to adopt R-82-55, approving a RLS resubdivisiog two parcels of land owned by Don Raleigh, 3074 Laverne Ct. N. and Leo Raleigh 11256 N. 30th St. based on the recommendation of the Planning Commission and the fact that both Tract A (Leo Raleigh) and Tract B (Don Raleigh) were existing non -conforming lots and that the resubdivision provides additional area to the Don Raleigh lot for an alternate drainfield site. Carried 4-0. 8. MARLIN RYGH - AMENDED APPLICATION FOR VARIANCE AND CUP FOR ADVERTISING SIGN: Mr. Rygh acknowleded the Planning Commission recommendation to deny his request; but, desired a clarification on what he considered a conflict between What the City will permit vs what the State will permit. State will permit his sign to go up but the City will not. --Mottaz - State just says they will not allow anything closer than.. The State cannot authorize on the part of the City - this is not a conflict. --Jim McNamara - the approximate distance between the Rygh property and proposed sign and Lehman Mushroom is 2700 feet. --Rygh - talking about something that is within 300 ft. in an area where there are presently 22 signs - all of these are going to be eliminated. This puts Rygh in a bad position - has just slightly over 1/4 acre left. Do not know what other good business uses this land can be used for. --Mottaz - this is not a hardship. The reason for this residual parcel has been discussed at length - does not see this as the I issue, The issue is what the PZC has in their recommendation. As far as the Highway Department saying signs will go down - highway has been in the process of being built since 1958 - feel just have to wait until the present signs come down, then consider that aspect. CITY COUNCIL MEETING, OCTOBER 19, 1982 -6- 8. MARLIN RYGH Continued M/S/P Mottaz/Fraser to support the recommendation of the Planning Commission and deny Marlin Rygh''s request for a variance and CUP for an advertising sign on Highway 12. Carried 4-0. 10. ENGINEER'S REPORT: A. Authority to 'get soil borings at Oakland for 201 Study - Engineer Bohrer reported the the PCA`is reviewing the results of the 201 Study and have asked for some deep soil borings at Oakland Jr. High because of the size of the septic system and drainfield that is needed for the school. The estimated cost would not exceed $500. The Engineer is trying to provide the PCA alternate existing information in lieu of the proposed 25 ft. borings. The Engineer requested authorization to_do these borings, if necessary. Concerned with a significant delay in getting approval of the Step 1 Study should this be required and not authorized. Deadline for Step 1 is February 25. The $500 for soil borings is eligible under the grant; but, a grant amendment would be required. Very concerned about the delay that would be caused .in seeking approval of grant amendment. --Eder - hasn't Oakland solved their problem. --Bohrer - put in a system a couple of years ago that the Building Inspector and Engineer were concerned about. Added on to their system; but, gave full credit to their existing system and there was no information as to whether the existing system was working. They were still having problems with water ponding on the surface over the drainfield with the new system. They are listed in the 201 Study as having a need. --Eder - discussed this with the previous Building Inspector. File should contain written comments and concerns regarding this system. City should not have to pay for the borings - School District should be notified and required to provide this information. --Novak - would like to see this done so as not to jeopardize the City's review standing - Should contact the school district and notify them that they will be financially responsible for the work. M/S/P Eder/Mottaz to authorize $500 to provide PCA required soil borings at Oakland Jr. High School; and, forward a letter to School District 834 notifying them of this action and holding them responsible for total financial reimbursement for this work. Carried 4-0. B. Water Tower Paanting The Engineer reported that the interior painting of the tower, which has not been started,_ requires a warmer temperature to properly cure. Beyond this temperature this year. Bohrer highlighted the extenuating circumstances that delayed the start of the project. The exterior painting can be completed. Engineer recommended delaying the interior painting until next spring. CITY COUNCIL MEETING, OCTOBER 19, 1982 -7- 10. ENGINEER'S REPORT: B. Water Tower Painting - -=Bo'rer - Contractor's will come back in the spring and finish the interior at no additional cost. M/S/P Mottaz/Fraser to approve a time extension for Allied Painting and Renovating to June 30, 1983, to complete painting work on the water tower, with no change in contract price. Carried 4-0. 12. FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAWS: onus - Fran Pott explained the percentage rate of bonus iBncrease for firefighters after 20 years. The.,bonus amount after 20 years acts as an incentive, for younger men to stay in the department rather than retire and receive their pension. The proposed bonus plan conforms to the State law tP.at permits bonus' provided they are paid out of the General Fund. The bonus' can be anything; but they have to paid out of the General Fund. The 4% bonusfollowspresent percentage decrease that a firefighter gets when he retires before 20 years. If -a roan retires with 18 years service, should be entitled to $9,000 @ $500 per year, but he does not get $9,000, he gets 92% of $9,000 because it is derated 4% for each of the two years he is short of 20 years. In effect, it is a bonus to stay for 20 years. Suggesting that this bonus be continued to 25 years. --Fraser - more concerned on where the $5,000 needed in 1983 will be found. --Mottaz - asked about the amount that was placed in the wrong fund.. --Fran Pott - passed out two sheets - Income - Special Fund and Major Income - General & Discretionary Funds. --Fraser - in going over this with the department, the liklihood of funding this from sources presently available seem excellent except for the initial year, when up to $5,000 would need to be made available. Understand that this $5,000 would only have to be paid out if two of the men who could retire, did retire. If they chose not to retire the dollars would not be needed in 1983. --Fran Pott - distributed a Bonus Liability Schedule. Fire Department is looking for approval of the proposed bonus plan. --Fraser - the 1983 budget, as prepared, does not include the $5,000. In order to allocate this would require raising the levy - this cannot be done. Is there anything in the budget that can be shifted. --Mottaz - asked if the Department would accept tenative approval until this can be discussed with the Administrator., --Novak - no problem with the whole idea - its getting the money for the first year. --Fraser - would also support the bonus proposal - need to find a way. M/S/P Mottaz/Fraser to approve the ioncept::of the proposed Bonus Plan as presented by the Fire Department, with final approval based on the recommendation of the City Administrator regarding the financing of the $5,000 needed to implement the plan in 1983. Carried 4-0. CITY COUNCIL MEETING, OCTOBER 19, 1982 -8- 11. PUBLIC HEARING - RENAMING HIGHLANDS TRAIL CT. N. TO HIGHLANDS" CT. N. Mayor Eder opened the hearing at 9:00 p.m. Gary Peltzer, 5747 Highlands Ct. N. and Robert Wissink, 5777 Highlands Ct. N. were present, being two of the three petitioners requesting the name change. Mrs Wissink explainedthe problems with the_pres6nt street°name.' and indicated that the street sign states Highlands Ct. N. There being no further comments, Mayor Eder closed the hearing at 9:07. M/S/P Mottaz/Novak, to approve the name change of Highlands Trail Ct. N. to Highlands Ct �.N, Carried 4-0. 17. ROBERT LOCKYEAR - REGIONAL PARK - TEST WELLS IN OLD LANDFILL: A. Landfill Wells Mr. Loc year apprised the Council of the work being done by Washington County, Ramsey County and the PCA to determine the extent of contamination in the landfill area. Tests have been completed of several wells in the area. Of the 129 pollutants tested for, no new chemicals were found outside of the initial 5 that were identified as real problems. A listing of the particular contaminents is available through Mr. Lockyear. Phase II is to install 11 new monitoring wells in the area. Lockyear identified their location on a map. 1 or 2 wells will be on City property in the old landfill. The PCA and Mn. Department of Health as well as the Counties are involved in the process. Explained the drilling process. Mr. Lockyear requested City approval to drill monitoring wells on City property. M/S/P Mottaz/Novak to adopt Resolution 82-56, a Resolution giving Washington County permission to enter City property in the old Landfill site for the purpose of drilling monitor wells with the provision that the City of Lake Elmo receive copies of all material, test results, meeting minutes, etc. relating to the well testing/monitoring in the area of the old landfill. Carried 4-0. B. Regional Park - Lockyear reported that all private residents are moved out of the park. The legal description for Kelvin and Keats has been prepared and will be fotwarded to the City Administrator for vacation action. A County deputy will be renting the remaining house in the park„for the next year. This will help provide police coverage during the day. The County has received a $750,000 grant from Met Council. This will be used for some road construction (including work on the boat launch, interior roads, and fencing) in 1983. All fences will be 3-strand smooth wire - intended to be a temporary type of barrier to indicate "No Trespassing" and the park entrance is to be used for access to the park. CITY COUNCIL MEETING, OCTOBER 19, 1982 -9- 17. ROBERT LOCKYEAR: B. Regional Park - --Lockyear - Mike 'Fox will make a presentation of the County Parks Plan to the Lake Elmo Park Commission. --Novak opposes the use of the park for dog trials,with guns. This promotes this type of use outside of organized trials --Mottaz - agrees. --Dorothy Lyons - asked if the park has any trails for snowmobiles. --Lockyear - yes, have a separate trail along the west edge of the park, Star Trail. Star Trail organization only asked for a way through the park - this was provided. --Dorothy Lyons - asked if the County is making any provisions to get rid of the increase of racoons and skunks. Many, many more since the homes Have been vacated and moved from the park. --Lockyear - no response. ADJOURNMENT: 9:30 P.M. RESOLUTIONS: 82-53 - Keats Avenue Assessment 82-54 - Lemire Sewer Assessment 82-55 - Raleigh.RLS 82-56 - Approval-- for -Monitor Wells in old Landfill R•-82,-56 RESOLUTION A RESOLUTION GRANTING WASHINGTON COUNTY PERMISSION TO INSTALL TEST WELLS IN TIIE OLD CITY LANDFILL AREA WHEREAS, Washington County, Ramsey County, and the Minnesota Pollution Control Agency have been investigating the extent of the ground water contamination in the old City of Lake Elmo landfill area; and WHEREAS, tests have been made of several wells in that area by the above named agencies;.and WHEREAS, Washington. County wishes to conduct additional. tests on the site and proposes to install ground water monitoring ° wells for this purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo: 1. Washington County is hereby granted permission to enter* upon the old landfill property owned by the.City of Lake Elmo for the purpose of installing and maintaining ground water monitoring ° wells. t 2. It is understood Washington County will provide the City of Lake Elmo with copies of all materials, test results, meeting minutes, etc. relating to this ground water monitoring program in the old landfill area. Adopted by the City Council, City of Lake Elmo this 19th day of October, 1982. �ia�yn-ard r, Mayor Ij Laurence E. Whittake.r, City Administrator K -82-» RESOLUTION A RESOLUTIO14 APPROVING A RESUBDIVISION FOR PROPERTY OWNED BY DONALD RALEIGH AND LEO RALEIGH. 11HEREAS, Donald T.'Raleigh and Leo Raleigh have made application to the Ci_-y of LaP.:e Elmo for annroval of a Registered Land Survery (RLS) of their property located in the City of Lake Fh::c and legally described as follows, to -wit. See attached Exhibit "A"; WHEREAS, the RLS is a resubdivision of the two parcels of land now owned and occupied by the applicants at 3774 Laverne Ct. North (Donald T. Raleigh) and 1.1256 North 30th Street (Leo Raleigh); and WHEREAS, it appears that as a result of the resubdivision an additional 40 feet will be added to the back of Don Raleigh's parcel, thereby providing additional room for alternative e drainfield sites; -and WHEREAS, the said RLS was recommended,for approval by the City Planning Commission on October 11, 1982 after public hearing thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows, to -wit: 1. The application of Donald Raleigh and Leo Raleigh for approval of the said Registered Land Survey (a copy of which is now on file with the City Administrator) shall be and the same is hereby granted. 2. This approval is based on the fact that both existing lots were non. -conforming lots and that the resubdivision provided by the RLS provides additional drainfield sites to the tract owned - by Donald T. Raleigh which was, and still is, substantially smaller than the tjaet owned by Leo Raleigh, Adopted by the City Council of the City of Lake Elmo this 19th day of October, 1982. _L k_,�7 &M/ P4aynar E. Eder,/Mayor, A r &auence E. Whittaker, City AcFministra EXHIBIT "A" LEGAL DESCRIPTION g NO. LOT 4, MEIERS PARK 3P.D ADDITION a4cording to the plat of record in the Office of the County Recorder, Washington County, Minnesota; and also All that part of Lot Fifty-three (53) of County Auditor's Plat Number Eight (8), Washington County, Minnesota, described as follows: Beginning at the Stone Monument at the Southeast corner of Lot Fifty-three (53) and running West on the South line of said Lot Fifty-three (53) for a distance of Four Hundred Seventy-five (475).feet to the place of beginning; thence West on the South line of said Loat Fifty-three (53) a distance of One Hundred Ninety and Fifty-four hundredths (1.90.54) -feet to an iron pipe; thence North on a line parallel to the East line of said Lot Fifty-three (53) a distance of One Hundred Twenty- five (125) feet to an iron pipe; thence in a :Northeasterly direction at a deflection angle of Seventeen degrees and Forty-two minutes (17042') a distance of One Hundred Fifty-seven and four -tenths (157.4) feet to a point on the north line of said Lot Fifty-three (53); thence East on the North line of said Lot Fifty-_thr.ee to an iron pipe Four Hundred Seventy- five (475) feet West of the Northeast corner of said to-t Fifty-three on a line parallel to the East line of said Lot Fifty-thre-e (53) for Hundred Seventy-five (275) feet to the place of beginning; EXCEPTING, Lot Fifty-three (53), County Auditor's .Plat No. 8, Washington County, as follows: Beg-i-nning.at a point on the West line of Lot Fifty-three Plat No. 8, One Hundred Twenty-five'(125) feet North of the Southwest Number Fifty-three (53); thence East on a line parallel to the South a dista ce f T H f n o wo undred Th.rU k230) fees to the actual point of begi be'described; thence in a Northeasterly direction at a deflection angle and Eighteen Minutes (72018') a distance of One Hundred Fifty-seven and feet to a point on the North line of said Lot 53; thence East along the Lot 53 a distan of 5 76 f * I. (53); thence South a distance of Two All that part of Minnesota, described (53) of County Auditor's corner of said Lot ine of said Lot 53, lining of the land to of Seventy-two Degrees four -tenths (157.4) North line of said eet to a porn,,, thence South parallel with the West line of said Lot 53 a distance of 43.9 feet; thence Southwesterly at a deflection angle of 26048'36" a distance of 118.88 feet to the point of beginning. it i tz�s c*6 ��w 62 s7�7 /��v T2-82�54 ► RESOLUTION A RESOLUTION ADOPTING THE FINAL ASSESSMENTS FOR THE JERRY LeMIRE PROPERTY WHEREAS, the City of Lake Elmo has entered into an agreement with Jerry LeMire to construct a septic system in the triangle park area of the City of Lake Elmo with the cost of said construction to be paid by the City and assessed to the LeMire property as a special assessment; WHEREAS, the cost of installing said system total $1,875.48; 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 improvement of the LeMire property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. Such proposed assessment is hereby and ',shall constitute the special assessment against the land named,therein and the land is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable iA equal installments extending over a period of ten years, the first of the installments to be payable on or before October 31, 1983, and shall bear interest at the rate of 10% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1983. 3. The owner of the property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged as the entire assessment is paid on or before January 1, 1983; and the property owner may at any time thereafter pay to the City r Treasurer the entire amount of the assessment remaining interest accrued to December 31ofthe year of which such payment is made. Such payments must be made before October 31 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Lake Elmo this 19th day of October, 1982. Mayna d L. Eder, Mayor — 0 ATTEST: Laurence E. Whittaker., City Administrator 4 _.2 _ RESOLUTION A RESOLUTION ADOPTING FINAL ASSESSMENTS FOR THE KEATS AVENUE PROJECT WHEREAS, pursuant to proper notice duly given as required by law, the City of Lake Elmo City Council has met and heard and passed upon all objections to the proposed assessments.for ` the improvement of Keats Avenue within said City; NOW, THEREFORE, BE IT RESOLVED by the City Council, of the City of Lake Elmo as follows, to -wit: 1. The proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the lands named ° therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal. annual. ° installments extending over a period of ten years, the first of the installments to be payable on or before October 1, 1983, and shall bear interest at the rate of 8% per,annum from. ° January 1, 1983. To the first installment shall, be added ( interest on the entire assessment from January l., 1983, until December 31, 1983. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid before October 1, 1983; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining -unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 10 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of these assessments to the County Auditor to be extended on the proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 0 0 0 Adopted by the City Council of the City of. Lake Elmo this 19th day of October, 1982. Maynar der, Mayor '.ATTEST: Laurence E. Whi1 alter, City Administrator _2_ PROPOSED ASSESSMENT Keats Avenue Improvements Assessed el No. A nount KEATSAVENUE sed Owner 10/1/82 Number of Lots Possible Under Present Zoning ZOP_-ng 36-37010 2200 $756.85 Francis A. Eder a , b2. " 22i0 „ :vlelvin Eder 53 320. 85t 1 36-37011 2950 Gilbert E. & Viola Sullwoid 967_ Q7 1 Z960 Charles E. Johnson &Joyce E. i25. 01' 1. AG Sullwold 1 AC " 3000 Gilbert Sullwold 424' 1 A'- 3 6 - 3 7 0 0 2 2600 Eleanore B. Raleigh 188.71 t AG 2650 Herbert F. & Catherine'.Crocker. Z40. 3' 2550 2500 11 $1, 513.70 "_ Eleanore B. Raleigh 653, 97' 1 AG Eleaaare B. Raleigh 1,313. 98, 2 AG 2750 $3, 784.25- Robert'_1. & Dorothy: Ziertman 1, 626. 43' " Z810 756.85. Doris Buberl . 396.G 5 36-37003 " Z004 it „ Ronald B.' & Mary K. Kane 330' 1 28GG Richard Menz 429,021 " 2000 $1, 513.70 Frank V. & Arlene M. Meyer 683. 971 i 2020 756.85 Rolf & Karin -Schubert 300' 1 ' 2012 „ David G. & Cyn thia J. Storholm 300' 1 " 2011 ,i Peter D. & Pamela K. Eggen "0' 2015 - „ Merle & LaVina E. Payne 66, „ 2010 " Henry Harvey 637,981 1 . " 2050 „' Lyle A. &-MaryJ. Slawson'- 668.46, 1 AG " 2060 Lyle A. & Mary J. Slawson 640' 1 AG _2300 $2,270.55 Richard Klawitter 1,143' 3 OTALS 21 parcels 17 owners 12, 727. 28, Assessed Amount = $22,705.61 = 5756.351/Lot �3tlots 30 lots DETERMINATION OF ASSESSABLE COSTS Beats Avenue Improvements Lake Elmo, Minnesota October 1, 1982 Estimated Cost MSA Eligible Construction $170, 000. 00* $170, 000, 00* Preliminary Engineering $ 20, 860. 00 $ 13, 649. 06 Construction Engineering $ 2,5,,470.18y $ 17,000.00* Testing $ 442.50 Publications $ '`137.32 Legal $' 4,803.73 Right-of-way & Easements $ 10, 917. 77 $ 10, 917. 77 Q Commissioners $ 1,640.94 Total $234,272.44* $211,566.83* Assessed Amount •$22,705.61 I-" Estimated as of October 1, 1982 UAM' TO BE: APPRTIRD AT QCTQBFR U, .19-82 COUNCTI -MTTNC 83047 3wo AM�x 3,u;Ud�n- g $upcha,rge, Vertex Dep'kt. �,qles Tax $ 435.4883048 ,C) DAV;Ld Edev Cle.Ank�g city (?ffkce & Ftre 13a11 Uere Joht"P, C0,440tl T.OMuteq., I0/5/82 30.788300 44.9583050, 83051 Junker 101.65 42,00 83G52 83053 City of No%it,h t, Paul CoTktol Veh�kc�e. I.Javy,)Neyep , 10-'/�2/82. News -letter 125,00 83054 830,55 L;kj�j�e 5ub,,U;ib,aq Rew'ripapevs, , lega�. pqbi.catjlon*� "'Pat"' MODMIAU AdIv, ', buttons• 175.00 14102 83056 for' e�-ta-prx DTo,,rthw NW'l U.' 5a0a.lp Bor�d `ant, Prqt, 'I 196,49 676,25 83057 Me.trQ T4"-te. cenpq ,r ,Go,n 5'eWeR—evvkke, Qhg X.n, Fntro�2nd PAyment Keats,AV�e, MA f�Cgven 118t 03830.58 35 83060 Steve - ve#i,ac0qe 't Of &0d Lake JaAe. tv#.1 A Cgptto7 give 4epk`t. u?Adto lrepal, 089,2083059 300, , 00 '�, 83061 Kunz 0j,,j CO. f:�ve dep�lt. g4a 7 6 5 15,00 830.62 L41�eT. [fie t $ 83063 Vewnl'z, rTQ Auto P,,4JPt,9, V-WintexiR�4ce, dent 54,03 83064 83065 Ljl�e,,E�-mo VIA.tnte.l�e�4ce debit t,,p7U'c.jk, ey) A i T, A, 9•chtfsky% 'KG K, 13,34 291,88 83066 83067 Mqeltev '' L#rtestone. 22,66 184 50 83068 G,A Meyep - M,4kn,t, �ept.'Mts�c, supplies- E B A - Rat�t.mq4 Defen,'s,pve T) ,s, 77 89 15 00 83069 f-,hrU 83079 Qctobe� 2Sftb, p y pl1, �4? 50,0. 00 $42, 726, 30