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HomeMy WebLinkAbout1986 ResolutionsPARCEL I Section 16, Township the Southeast�Quarter, Sec t of the West Half Of the inter - That par Ows: Commencing at nge 21 West. described as foll 20 Northq Ra uarter, with the Northerly of the West line of said Southeast Q section Northwestern Railroad (formerly Chicago, e of the Chicago allel to right of way line of way being par said right St. Paul, Minneapolis, and Omaha remaining track as now opera - and 58 feet Northerly from the center line of rem 87 degrees 09 minutes East along said right of way line ed; thence ted- thence North ng of the parcel to be described; O'feet to the point of beginning . nt' thence North 2 degrees, 35 e bearing 370./8 feet to a pol North 0 degrees zo minutes continuing on same 100 feet to a point; thence No West, thence West 370.23 feet to a 51 minutes 886.25 feet to a point ds East, 15 seconds degrees 20 minutes 15 seconds West, 504.84 feet :e South 0 de re or less. Together point; thew and containing 4.2 acres, MO beginning a trip of land 80 to the point of bi adway purposes,across a s 0 feet of easement for roi with a perpetual ;cribed as follows: The East 8 Quarter, Section 169 wide and 350 feet long, des feet v � 590 feet of that part of the Southeasi e Northerly line of the West North, Range 21 West, lying between th line of State Trunk Township 29 N the above description as now constructed, appurtenant and the Southerly right of Way which easement is an ease 2 Highway No. 21e herein property: ment to the described Except the following: f of the Southeast Quarter, Section 16, a the of the West Hal Commencing t That part e 21, described as followswith the Range Township 29 said Southeast Quarter intersection of the West line of right of way line of the Chicago Northwestern Railroad Northerly and Omaha), said right Chicago, St. Paul Minneapolis Northerly from the center (formerly North 0 degrees 21 of way line being parallel Paul, and 58 feet Nor id Southeast remaining track as now operated; thence -ly line of sa line of rema East along the Westei cel to be 30 seconds Ea minutes a point of beginning of the par Quarter, 272.15 feet to I same bearing 250 feet to a point; of described; thence continuing 01 g 350 feet Southerly from the southerly right being 212; thence East 450 feet to said point b Highway No. 250 State Trunk Hig degrees 21 minutes 30 seconds West way line.of South 0 deg� a point; thence Ou 5ent for thence West 450 feet to the point of beginning E. 58 acres more or less. feet to a point; Subject to an easer Ind containing 2. the Northerly 35 feet Of the above -described purposes across roadway purposes roadway PL jether with a perpetual easement for Northeast parcel, together described land; Commencing at theto a point; East 60 feet across the fOlIOIbed tract; thence Ea et to a above described es 30 seconds East 350 feet corner of the al 21 minut 212; 0 � Jegrees - of way line Of said Highway NO thence North feet to a point' thence the southerly right t in right of Way line 80 point I along said r thence East 30 seconds West 385 feet to a point; thence 21 minutes -described parcel; South 0 degrees n the Easterly line of above point 1 . seconds LaST,2 35 feet to the West 140 feet to a minutes 30 easement to the rtenant thence North 0 degrees 21 ral n t is an apPu beginning, which...eas.emen, point of herein described land. PAR C L 2 N, Town . .. ... Southeast Quarter of Section ight at part of the Westfhcoencig at the intrsection describedas followsthe southerly of ship 29., Range 41 st Quarter with right of way line being West line ;f said southea 2 said r the�WE East bound lane as State Trunk Highway NO- z' of the way line of oo feet from .,the center line 590 feet to the -d right of Way line paral I el to and I continuing on being used; thence East along sai to be,described; thence f the parcel:� point of beginning 0 0 XK .. .... A .... ....... ... -4? the same bearing 154.93 feet to a point; thence along said right of way line along a curve (curve data - P.I. Station 468 + 9476 = 13 degrees 45 minutes 40 seconds Rt. D = I degree 00 minutes, T = 69.37, L = 1376.119 R = 5729.58 minutes (arc)), 574.33 feet to a point; thence South 0 degrees 20 minutes 15 seconds West 350 feet to a point; thence North 87 degrees 12 minutes 04 seconds West 599.61 feet to a point; thence West 129.5 feet to a point; thence North 0 degrees 21 minutes 30 seconds East 350 feet to the point of beginning, and containing 5.93 acres more or less and subject to an easement for roadway purposes across the Southerly 35 feet of the above -described parcel; together with a perpetual easement for roadway purposes across the Easterly 80 feet of the Westerly 590 feet lying between the Southerly line of State Trunk Highway No. 212 and the Southerly line of the above -describe . d parcel extended Westerly. PARCEL 3 That part of the West Half of the Southeast Quarter, Section 16, Town- ship 29 Range 21, described as follows: Commencing at the intersection of the �est line of said Southeast Quarter, with the Northerly right of '(formerly Chica, oSt. way line of the Chicago Northwestern Railroad Minneapolis, and Omaha), said right of way line being parallelgotandPaul, 58 feet Northerly from the center line of remaining track as now operated, which is the point of beginning; thence North 87 degrees 09 minutes East along said right of way line 350 feet to a point; thence North 0 degrees 20 minutes 15 seconds West 254.83 feet to a point; thence West 349.37 feet to a point; thence South 0 degrees 21 minutes 30 seconds West 272.15 feet to the point of beginning of parcel being described and con- taining 2.1 acres more or less. AI _w PARCEL 4 D That part of the West Half of the Southeast Quarter, of Section 16, Town- ship 29, Range 21, described as follows: Commencing at the intersection of the West line of said Southeast Quarter, with the Southerly right of way line Of State Trunk Highway No. 212, said right of way being parallel to and 100 feet from the center line of the East bound lane as being used, North 90 degrees 00 minutes East along.said right of way line thence Nor be described; thence 510 feet to the point of beginning of the parcel to ling North 90 degrees oo minutes East along said Southerly right continuing s 21 minutes 30 of way for 80 feet to a point; thence South 0 degree seconds West 350 feet to a point; thence North 90 degrees 00 minutes West parallel with said Southerly right of way for 80 feet to a point; thence North 0 degrees 21 minutes 30 seconds East for 350 feet to the point of beginning containing 0.63 acres more. or less:" PARCEL 5 .That part of the West half of the Southeast Quarter, Section 16, Town- ship 29, Range 21. described as follows: Beginning at the intersection of the East line of the West Half of the Southeast Quarter of Section Northwestern 16 with the Northerly right of.way line of the Chicago Omaha Railway), (formerly Chicago, Ste Paul, Minneapolis, and Railroad parallel to 158 feet No then Northerly right of way line being ' a operated; thence erly from the center line of the remaining track as now on an assumed bearing of South 87 degrees 09 minutes West along said Northerly Railroad right of way line for 599.98 feet to a point; thence North 0 degrees 20 minutes 15 seconds East for 386.25 feet to a point; thence South 87 degrees 12 minutes 04 seconds East for 0599.61 feet to its intersection with said East line of the West Half Of southeast n th rt Quaer, ece :cuth 0 degrees 20 mioutes 15 seconds west along said - - _ _.F +h. wp�t Half of Southeast Quarter for 327.06 feet to the RESOLUTION 86-1 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO WILLIAM LUNDQUIST FOR HIS CONTRIBUTION TO THE CITY OF LAKE ELMO FROM 197O THROUGH 1985. WHEREAS, we have had the pleasure of working with William Lundquist during his service on the City Planning Commission; and WHEREAS, we have greatly appreciated his perception; his understanding of the community, the City Ordinances and Comprehensive Plan, and local needs and goals; 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, of the Planning Commission who had the opportunity to work with Bill, hereby, offer their sincere appreciation and thanks to William Lundquist for his service and devotion to the City of Lake Elmo. ADOPTED this 7th day of January, 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: j% ey,7��,4, David Morgan, Mayor Attest: RESOLUTION 86-2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA �soaa�9 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO LEONARD HANSON - ROCKIN L SALES - FOR OPEN SALES LOT IN THE AGRICULTURAL ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, Leonard Hanson has applied for a Conditional Use Permit for an Open Sales Lot on the South 627.9 feet of the West 618.0 feet of all that part of the Southeast 1/4 of the Southeast 1/It of Section 35, T29N, R21W, lying N of the Northerly right-of-way of MN Highway 12, at 10824 Hudson Boulevard in the City of Lake Elmo from January 1, 1986 through December 31, 1986; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D.l.b. (5) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate an Open Sales Lot in the City of Lake Elmo; and, WHEREAS, Section 301.130 C., D., E., F.and G. of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for an Open Sales Lot at 10824 Hudson Boulevard is hereby granted to Leonard Hanson - Rockin L Sales -from January 1, 1986 through December 31, 19861 subject to the following conditions: 1. There shall be no permanent structures built in support of this use. 2. The display area for all equipment including the presently permitted horse trailers shall not exceed an area of 150' by 300' (east/west) in the SE area of the property. 3. All other storage of equipment shall be either inside a building or screened from Highway 12 and neighboring properties as provided by the zoning ordinance. 4. One 4' x 8' non -flashing, illuminated sign shall be permitted. 5. The present ponds shall be kept clean and not be filled. This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that public health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January, 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signedc,w.ia David A. Morg n Attest: Robert Lee Overby, City Adinistrator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-2 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo Washington County, Minnesota on the 7th day of January, 1986. o Robert Lee Overby, ity Adm 'strator d RESOLUTION 86-3 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OAKDALE GUN CLUB FOR OUTDOOR TARGET RANGE IN THE AGRICULTURAL ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986. WHEREAS, Oakdale Gun Club has applied for a Conditional Use Permit for an Outdoor Target Range on SE1/4 of SW1/4 of Section 26,T29,R21, subject to easement, located at 10386 North loth Street in the City of Lake Elmo from January 1, 1986 through December 31, 1986; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D.b. of the Municipal Code of Lake Elmo requires a. Conditional Use Permit to operate an Outdoor Target Range in the City of Lake Elmo; and, WHEREAS, Section 1300 of the ZONING ORDINANCE of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for Outdoor Target Range at 10386 loth Street North, Lake Elmo, Minnesota is hereby granted to Oakdale Gun Club from January 1, 1986 through December 31, 1986, subject to the following conditions: 1. Fencing a. Additional fencing, if any, along the north border (common border with County Park) to be accomplished per agreement between Club and County Director of Planning. b. Fencing along east and west borders to be accomplished if and when adjacent properties are developed to the extent that fencing is necessary. A determination as to when the adjacent properties are sufficiently developed to require fencing will be made at the time of permit renewal in future years. 2. The Club will experiment with implementation of the Braslow recommendations for noise abatement over the firing line during 1986. The Club will report on the status of these experiments prior to the time of the 1987 permit application. 3• Weapons on the shotgun range shall be limited to fine shot (#6 shot) on the shotgun range. Conditional Use Permit R86-3 Oakdale Gun Club Page 2 4. There will be no expansion at the present location without f an abatement to this permit. 5. The names of lead range officers and a schedule of events with the officer in charge shall be provided to the City of Lake Elmo. This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that public health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed David A. Morgan, Mayor i Attest:. Robert Lee Overby, City Administrator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-3 is a true of a resolution presented to and adopted by the the City of Lake Elmo at a meeting thereof held Lake Elmo, Washington County, Minnesota on the 1986. and correct copy City Council of in the City of 7th day of January, l' RESOLUTION 86-4 '30a07ov CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO GERALDINE BREHEIM - BREHEIM KENNELS, FOR A DOG KENNEL IN THE R-1 ZONING DISTRICT FROM JANUARY I, 1986 THRU DECEMBER 31, 1986 WHEREAS, Geraldine Breheim has applied for a Conditional Use Permit for a dog kennel on Lot 15 of Bordner -Garner Farmettes at 8415 38th Street North in the City of Lake Elmo from January 1, 1986 thru December 31, 1986; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.050B of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a dog kennel in the City of Lake Elmo; and WHEREAS, Section 1402 of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for a dog kennel at 8415 38th Street North is hereby granted to Geraldine Bresheim from January 1, 1986 thru December 31, 1986, subject to the following conditions: 1. There shall be no more than 7 dogs over the age of 6 months in the kennel at any time. 2. The use is not transferable. 3. The kennel shall be set back 400 feet from existing property owners. 4. The dogs shall be enclosed in runs. This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that the public health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. S igned David A. Morgan, Mayor Attest: Robert Lee Overby, City,A inistrator A . k , A DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-4 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Eli; County, Minnesota on the 7th day of January, 1986. C/) Ro ert Lee ver y, City Adm istrator RESOLUTION 86-5 CITY OF LAKE ELMO01 WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO RUBEN LAUSENG LAUSENG STONE, FOR OPEN SALES LOT - LAUSENG STONE, IN THE AG ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, Ruben Lauseng has applied for a Conditional Use Permit for an Open Sales Lot on 87A-Nl/2 of NE1/4 of Section 3, T29, R21, (Page 19, 1983 Assessment Book) at 9591 60th Street North in the City of Lake Elmo from January 1, 1986 through December 31, 1986; and has submitted all required information and fees for the application for such permit; and WHEREAS, Section 301.050 B of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate an Open Sales Lot in the City of Lake Elmo; and, WHEREAS, Sections 301.130 C., D., E., F. and G of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for an Open Sales Lot at 9591 60th Street North is hereby granted to Ruben Lauseng - Lauseng Stone from January 1, 1986 through December 31, 1986, subject to the following conditions: 1. The hours of operation shall be 8:00 a.m. to 8:00 p.m., Monday thru Saturday and 10:00 a.m. to 5:00 p.m. Sunday. 2. There shall be an on -site business sign only. 3. No material shall be stored closer than 210 feet south of Highway 36 right-of-way. 4. The owner shall maintain it as per 1979 site plan. 5. There shall be no expansion beyond area and function now being used. 6. The Screening shall be maintained. 7. There shall be no more than 30 cards parked on the sif This Conditional Use Permit may be rescinded, after.' week notice and a public hearing, if the City Cour' finds that the publics health, safety, or welfare jeopardized. Conditional Use Permit R86-5 Lauseng Stone Page 2 ADOPTED, this 7th day of December 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed }gctnck A David A. Morgan, Mayor Attest: L&cz X�LRobert Lee Overby, City A istrator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO I hereby certify that Resolution 86-5 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo. Washington County, Minnesota on the 7th day of January, 198 ert Roger Lee Overby, City istrator RESOLUTION 86-6 CITY OF LAKE ELMO ��aaaa WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO JACK ROBERTSON AND WILLIAM DANIELS - GOODS, INC. FOR MUSHROOM AND SPROUT PROCESSING - AGRI-BUSINESS IN THE AGRICULTURAL ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, Jack Robertson and William Daniels has applied for a Conditional Use Permit for Agri -Business on Pt NW 1/4 of SE 1/4 Section 36 T29, R21 com at SW corner Sd 1/4 1/4 than N along W line Dist 152' to pt then SEly in straight line to pt on S line Sd 1/4 1/4 to Pt D pt located 33 feet E of pt of beginning then W 33 feet to pt of beginning subject to public road and easements at 11490 Hudson Boulevard in the City of Lake Elmo from January 1, 1986 through December 31, 1986; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D.l.b. (7) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate an Agri -Business in the City of Lake Elmo; and, WHEREAS, Sections of the Zoning Ordinance of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for Agri -business at 11490 Hudson Boulevard is hereby granted to Jack Robertson and William Daniels from January 1, 1986 thru December 31, 1986, subject to the following conditions: The Zoning Ordinance This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that the publics health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota, Signed 0cv✓ k Q - r)-.,E1 David A. Morgari', M Mayor Attest: e� Robert Lee Overby, City Ad inistrator 4 I' 1 DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-6 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a.meeting thereof held in the City of Lake Elmo Washington County, Minnesota on the 7th day of January 1986. r, ,Q �oy Robert Lee Overby, City Adm trator y � . RESOLUTION 86-7 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO RAY SWANSON - OAKWOOD ANIMAL HOSPITAL FOR VETERINARY CLINIC, ANIMAL HOSPITAL, CREMATORY AND DOG POUND IN THE AG ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, Ray Swanson has applied for a Conditional Use Permit for Veterinary Clinic, Animal Hospital, Crematory and Dog Pound on 2.5 acres - pt. of the W 1/2 of the SE 1/4 of Section 16, T29, R21 (Plate & Parcel 37016-2450) at 8411 34th Street North in the City of Lake Elmo from January 1, 1986 through December 31, 1986; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D.1.b. (7) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a Veterinary Clinic, Animal Hospital, Crematory and Dog Pound in the City of Lake Elmo; and, WHEREAS, Section 1400 of the ZONING ORDINANCE of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for Veterinary Clinic, Animal Hospital, Crematory and Dog Pound at 8411 34th Street North is hereby granted to Ray Swanson from January 1, 1986 through December 31, 1986, subject to the following conditions: 1. The owner may sell pet supplies, drugs and kennel supplies as an accessory to this use. This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that public health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. S igned 0 a-k'�� a. �, a ,'-- �VVN��V- 14tVt1te-1 David A. Morga Mayor Attest• C� •Robert Lee Overby-, City Ad 'nistrator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-7 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo Washington W�ashington County, Minnesota on the 7th day of January, 1986.yL��l�f'd Robert Lee Overby, City Adm istrator RESOLUTION 86-8 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO HOWARD SPRINGBORN AND GAYLEN SPRINGBORN - GREEN ACRES, INC. FOR COMMERCIAL RECREATION OF A RURAL NATURE IN THE AG ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, Howard and Gaylen Springborn have applied for a Conditional Use Permit for Commercial Recreation of a Rural Nature on Section 43 T29, R21, 80A S1/2 of NE1/4 except 37004-2205, at 8989 55th Street North in the City of Lake Elmo from January 1, 1986 through December 31, 1986; and has submitted all required information and fees for the application for such permit; and WHEREAS, Section 301.070 D.l.b. (4) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a Commercial Recreation of a Rural Nature in the City of Lake Elmo; and, WHEREAS, Sections of the ZONING ORDINANCE of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for Commercial Recreation of a Rural Nature at 8989 55th Street North is hereby granted to Howard and Gaylen Springborn from January 1, 1986 through December 31, 1986, subject to the following conditions: 1. This permit provides for a tube slide and ski hill with lift, ice skating, sleigh rides and hay rides and paddle boats on the lake only. 2. The speakers shall be directed so as not to disturb adjacent neighbors. 3. The operation shall be closed at 10:00 p.m. 4. There shall be no more than 12 parties or events after these closing hours in any one year. This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that public health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. S i gn e d %9 rr G. ,h.n �� David A. Morganor Attest: ' ?6u// Robert Lee Overby, City inistrator 4 �:, DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-8 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elm Washington U County, Minnesota on the 7th day of January, 1986. a Rot Lee Overby, City Adm istrator RESOLUTION 86-9 CITY OF LAKE ELMO�QQ1�/� WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO RICHARD BERGMANN, COUNTRY SUN FARM (FORMERLY BERRY FARM GREENHOUSE),FOR GREENHOUSE AND SALES LOT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, Richard Bergmann has applied for a Conditional Use Permit for a Greenhouse and Sales Lot on the South 534.9 feet of the North 925.9 feet of the West 1/2 of the Northwest 1/4 of Section 1,T29, R21W; and the North 300 feet feet of the Easterly 640 feet of the East 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 1 T29N, Range 21W, at 5833 Lake Elmo Avenue North in the City of Lake Elmo from January 1, 1986.through December 31, 1986; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D. 1.b. (1) and (5) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a Greenhouse and Sales Lot in the City of Lake Elmo; and., WHEREAS, Sections 301.130 C.,D.,E., and G of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for a Greenhouse and Sales Lot at 5833 Lake Elmo Avenue North is hereby granted to Richard Bergmann from January 1, 1986 through December 31, 1986. This Conditional Use Permit may be rescinded, after a week notice and a public hearing, if the City Council finds that the publics health, safety, or welfare is ,jeopardized. ADOPTED, this 7th day of January, 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed C'. 0-30 David A. Morgan, Mayor Attest: Robert Lee Overby, City inistrator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-9 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County, Minnesota on the 7th day of January 1986. Robert Lee UveriDy,rCity Admin' trator (I seams RESOLUTION 86-10 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CIMARRON PARK FOR A PUBLIC GOLF COURSE IN THE R-3 ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, Cimarron Park has applied for a Conditional Use Permit for a Public Golf Course at 901 Lake Elmo Avenue North in the City of Lake Elmo known as that part of the Southeast Quadrant bounded by County Road 70 on the North and Lake Elmo Avenue (CSAH 17) on the West. Being a nine hole, 2345 yard, golf course along the north west perimeter of the following described development: the west 10 rods of the NW 1/4 of the NE 1/4; all that part of the N 1/2 of the NW 1/4, Sec. 36, T29, R21, except the west 700 feet of the North 630 feet thereof; all that part of the South 1/2 of the NW 1/4, all in Sec. 36, T29, R21, from January 1, 1986 through December 31, 1986; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D 5 b (5) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a Public Golf Course in the City of Lake Elmo; and, WHEREAS, the ZONING ORDINANCE section of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for a Public Golf Course at 901 Lake Elmo Avenue North is hereby granted to Cimarron Park from January 1, 1986 through December 31, 1986, subject to the following conditions: 1. That the owners.of Cimarron Park shall demonstrate that they have taken responsible action to process claims for damages from golfers to residences and personal property of residents. Claims to be submitted to Cimarron Management with a copy of each claim sent to the City. Cimarron will prepare a year-end report on all claims and their disposition for Council review. Their performance will be a factor in determining the renewal of the Conditional Use Permit. 2. That the owners of Cimarron Park shall comply with the City's Noise Ordinance. 3. The owner shall maintain the buffer between the homes in Cimarron Park at the golf course. 4. That all mowing of the golf course shall begin at the perimeter of the course and end at the area closest to the homes. C Resolution 86-10 Cimarron Golf Course Paget 5. That Cimarron Park owners shall provide adequate off-street parking, sewer facilities and solid waste disposal to serve the patrons of the golf course. This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that the publics health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed k� ,"v- 4 o . n-4 ,--1 David A. Morgaff, Mayor Attest: Robert Lee Overby, City Admi strator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-10 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmngton County, Minnesota on the 7th day of January, 1986. a o�bert Lee Overby, Ci y Admi,xistrator RESOLUTION R86-11 aa/� CITY OF LAKE ELMO S� WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CHARLES ANDERSON FOR ANIMAL INN, A PUBLIC DOG KENNEL AND TRAINING SCHOOL IN THE AGRICULTURAL ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, Charles Anderson has applied for a Conditional Use Permit for a public kennel and training school on the property described on attached exhibit I located at 8533 34th Street in the City of Lake Elmo from January 1, 1986 thru December 31, 1986; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070D l.b. of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a public dog kennel and training school in the City of Lake Elmo; and WHEREAS, Section 1402 of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT; the Conditional Use Permit for a public dog kennel and training school at 8533 34th Street North is hereby granted to Charles Anderson from January 1, 1986 thru December 31, 1986, subject to the following conditions: 1. There shall be no more than 117 dogs in the kennel at any time. 2. The Owner shall maintain care of the pet cemetery. 3. The owners may operate an at this location. 4. The owners shall maintain 100 cars. a Perpetual Trust Fund for Obedience Training School parking facilities for This Conditional Use Permit may be rescinded., after a 2 week notice and a public hearing, if the City Council finds that the public health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed . w' 'eL. David A. Morgan, Mayor Attest: rrv� Robert Lee Overby, City A ini.strator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-11 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County, Minnesota on the 7th day of January,11 1986 . Robert Lee Overby'', City Admini trator RESOLUTION 86-12 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA .� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO HELEN MILLER FISHER FOR A PRIVATE DOG KENNEL IN THE R-1 ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, Helen Miller Fisher has applied for a Conditional Use Permit for a private dog kennel on Lots 23-23 of Bordner -Garner Farmettes at 8139 38th Street North in the City of Lake Elmo from January 1, 1986 through December 31, 1986; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.050B of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a private dog kennel in the City of Lake Elmo; and, WHEREAS, Sections 1402 of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, The Conditional Use Permit for a private dog kennel at 8139 38th Street North is hereby granted to Helen Miller Fisher from January 1, 1986 through December 31, 1986, subject to the following conditions: 1. No dogs may be boarded. 2. This use is not transferable This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that the public health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January, 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: W c.'V_'— p David A. Morgan' Attest: Robert Lee Overby, City Ad inistrator 14 DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-12 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County, Minnesota on the 7th day of January, 1986. 4DI/ Cl obert Lee -Overby, City Adm3 strator RESOLUTION 86-13 CITY OF LAKE ELMOj�'po'tui/% WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO SHAPER CONTRACTING CO., INC., BOX A, SHAFER, MINNESOTA TO ENGAGE IN MINING OPERATIONS FROM JANUARY 1, 1986 THROUGH DECEMBER 31, 1986 WHEREAS, Shafer Contracting Co., Inc. has applied for a Conditional Use Permit to engage in mining operations on the property described as follows: The Southwest Quarter of the Northeast Quarter of the Northeast Quarter (SW1/4 of NW 1/4 of NE 1/4) of Section Sixteen (16), Township Twenty-nine (29), Range Twenty-one (21) West. WHEREAS, Section 901.030 of the Municipal Code of Lake Elmo requires a Conditional Use Permit to engage in mining operations; and., WHEREAS, Section 901 of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for Mining Operations at the above described parcel is hereby granted to Shafer Contracting Co., Inc from January 1, 1986 thru December 31, 1986 subject to the following conditions: 1. All operations conducted hereunder must be in accordance with the plan for such operations on file in the office of the City Administrator. 2. Adherence to said plan shall be in accordance with the reasonable directions of the Building Official. 3. All operations permitted by this Conditional Use Permit shall be under the terms and conditions of Section 901 of the Municipal Code of 1979 relating to mining ( a copy of which is attached hereto). 4. The term of this Conditional Use Permit shall be for the 1986 season which terminates December 31, 1986. l This permit is issued by the City of Lake Elmo pursuant to its Municipal Code. This permit does not purport to permit any improvement, use of activity which may be prohibited or regulated by other governmental agencies having jurisdiction over said land of the subject matter of this permit. d '�' 4- Conditional Use Permit Shafer Contracting R86-13 Page 2 The acceptance of the Permit by the applicant shall constitute acknowledgement by applicant of all the foregoing terms and conditions and consents to be bound and obligated thereby. This Conditional Use Permit may be rescinded, after a two week notice and a public hearing, if the City Council finds that public health, safety, or welfare is jeopardized. ADOPTED, this 7th day of January, 1986 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: rQu -< ..97,1 �-14- �— �} David A. Morgan.,,,/Mayor Attest:- Robef't Lee YZ L� � UverUy, City Admi istrator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-13 is a of a resolution presented to and adopted b y (I 900 MINING AND FOREST MANAGEMENT 901 MINING (� 902 FOREST MANAGEMENT 903 TREE DISEASES 901 MINING 901.010. Purpose. For the health, welfare, safety, .and optimum land development, it is necessary to regulate the removal of sand, gravel, rock, soil and other natural deposits in the City of Lake Elmo. Other purposes include the following: A. To provide for the economical availability of sand, gravel, rock, soil, and other materials vital to the continued growth of the community. B. To establish reasonable and uniform limitations, safe- guards, and controls in the community, for the future production of sand, gravel, rock, soil, and other natural resources. C. To control noise, dust, hazards, effect on adjacent property, and other factors related to the active mining and/or excavating operation.. D. To provide for control of the extent of excavation compatible with the surroundings; and for the restoration of the mining area after termination of the removal operation to make the site compatible with the surroundings and the comprehensive plan for development of the City. E. To control pollution by erosion or sedimentation. 901.020. Definition. Mining shall include the excavation, re- moval or storage of sand, gravel, rock, soil, clay and other natural deposits within the community, except: A. For the purpose of the foundation, cellar or basement of some pending structure, for which a permit has been issued, and which is to be erected immediately following the excavation, removal or storage. or; B. For the purpose of construction of sewer lines, storm sewers, water mains, surface water drainage, agricultural or conservation purposes and sod removal. Nor shall mining include the moving of dirt for landscaping purposes on a lot used or to be used for residential purposes. Nor shall mining include the moving of dirt within the construction limits of a road project. 900-1 Amended by Ord. 7949 901.030. Annual Permit Required. I A. It shall be unlawful for any person, partnership, company or corporation to engage in mining within the commu- nity or for an owner to permit a person to mine on his pro- perty; without first having obtained aconditional use permit. for mining from the City Council. B. The applicant shall submit an application together with the required fees to the Planning Commission. Property owners within 350 feet shaj.l be notified by certified mail to days prior to the date the Planning Commission considers the request. The Planning Commission shall consider the re- quest at its next regularly scheduled meeting, but not earli- er than 10 days from the date of submission. The petitioner or his representative shall appear before the Planning Commis- sion, in order to answer questions concerning the proposed mining. The Planning Commission shall make its recommendation to the governing body within 60 days after the submission of the application. The governing body must take action on the application within 60 days of receiving the recommenda- tion of the Planning Commission. If it grants the mining permit, the governing body may impose conditions it considers necessary to protect the health, safety, morals or general welfare of the community and to insure the said use is in harmony with the general purpose of intent of this ordinance and the comprehensive plan. .No application for a mining per- (( mit shall be resubmitted within six (6) months from the date \ of denial. C. A.permit, when issued, shall be valid for one year unless terminated pursuant to Section901.040. D. The City Council may waive the requirements in subsection 901.030 B on a request for renewal. 901.040. Termination of Permit. A. The City Council may terminate a mining permit for violation of this ordinance or a condition of the permit, or for violation of other applicable laws. B. To terminate a permit, the City Council shall give notice of the violation or other cause for the termina- tion along with an order that the condition be remedied. If the condition has not been repaired within two weeks, the City Council shall hold a hearing to determine whether the permit should'be terminated.. C. No mining shall take place after the permit is ter- minated pursuant to this section. 900 - 2 Amended by Ord. 7949 901,.050. Nuisance Defined. A. Where 'unsafe conditions or conditions in violation of this Ordinance or the permit exist, said conditions are hereby declared to be a nuisance, and the City Council may give notice to the operator or owner to abate the same. B. If after a reasonable time for repair of the con- dition, it still exists, the City Council may abate the nuisance and the costs of such work may be taxed against the property and become a lien thereon. 901.060. Application. A. The application for the permit required in Section .030 hereof shall be filed with the Administrator for presen- tation to the City Council. A fee of $25.00 shall accom- pany each application. Application for renewal permit must be. made forty-five days prior to the termination of the pre- vious permit. The application shall be made in the name(s) of the operator of the mine and the owner of the .land to be mined. B. The application shall contain: 1. The name and address of the operator and owner of the land. 2. The correct legal description of the property where the mining shall occur. 3. Names of neighboring landowners within 350 feet. 4. A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed excavation. Topographic data, including contours at vertical intervals of not more than five (5) feet except where the horizontal contour interval is one hundred (100) feet or more, a two (2) foot vertical interval shall be shown on this map. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. 1929 sea -level datum shall be usdd for all topographic mapping where feasible. 5. The purpose of the removal, storage or excava- tion. 6. The estimated time required to complete the re- moval, storage, or excavation. onn - I (901.060 B.) 7. The plan of operation, including soil processing, (any operation other than direct mining and removal), nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water. 8.' The plans for drainage, water and wind erosion control, sedimentation and dust control; these plans shall be in conformity with the recommendations of the Washington County Soil and Water Conservation District office. 9. A map of plat of the proposed pit or excavation showing the confines or limits thereof together with the pro- posed finished elevations based on 1929 sea level datum. Where the finished elevations prohibit natural drainage, cer- tified soil borings shall be included through the proposed excavation. 10. A comprehensive plan showing that suitable pro- vision will be made for the restoration of the excavated:area so that it will not become a health or safety hazard or a nuisance, such plan to include anticipated final elevations, slope and a plan for the return of sub -soil and topsoil. Where the Governing Body deems it necessary, such plan shall include adjoining related areas where excavations have pre- viously been made and remain under the control of the owner of the land on which the excavating is to be done or under the control of the person other than the owner to whom the permit is to be issued. 11. The travel routes to and from the site. C. The applicant shall abide by one of the two following operating and land rehabilitation practices: 1. Excavations resulting in the accumulation of substantial water areas after rehabilitation must meet the following requirements: a. The water depth must not be less than three (3) feet. b. All banks shall be sloped to the water line at a slope which shall not be steeper than four (4) feet hori- zontal to one ('1) foot vertical. C. All banks shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least three inches. d. Such topsoil as required by subsection c above shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where re -vegetation is possible. 900 - 4 e (901.060 C.) Slopes on boundary areas shall not be steeper than four (4) feet horizontal to one (1) foot ver- tical. 2. Excavations not resulting in water areas after rehabilitation but which must be graded or back -filled, shall meet the following requirements: a. Such grading or back -filling shall be made with non -noxious, non-flammable, non-combustible solids. b. The graded or back -filled area shall not collect or permit stagnant water to remain therein. C. The peaks and depressions of the area shall be reduced to a gently rolling topography in substan- tial conformity to the land area immediately surrounding and which will minimize erosion due to rainfall. d. Such graded or back -filled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth of at least three (3) inches. e. Such topsoil as required by Sub -Section d above shall be planted with trees, shrubs, legumes or grasses -' upon the parts of such area where re -vegetation is possible. .f. New slopes on boundary areas shall not be steeper than four (4) feet horizontal to one foot vertical. 901.070. operating Conditions. The owner of the premises must: A. Pence. Properly fence any pit or excavation. B. Slope of Excavation. Slope the banks, and other- wise properly guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. C. Set -backs. Refrain from mining below grade closer than 30 feet.to the boundary of any zone where such operations arc not permitted, or closer than 50 feet to the boundary of an adjoining property line, unless the written consent of the owner in fee of such property is first secured in writing and filed with the Administrator. Refrain from excavating below road grade closer than 50 feet to the right-of-way line and any existing or platted street, road, or highway, except that excavating may be conducted within such limits in V' 900 — 5 (901.070 C.) order to reduce the elevation thereof in conformity to the existing or proposed street grades. Refrain from excavating below any maximum depth designated by the Governing Body. D. Inspection Fee. An annual inspection fee shall be paid to the community. The minimum annual inspection fee shall be $100.00. The annual inspection fee shall be based on the actual reasonable costs which are incurred by the community in providing periodic inspections and administering the provision of the annual permit. The Governing Body shall estimate these charges at the time the annual permit- is issued and the applicant shall make a cash deposit with the community equal to the estimate at the time the annual. permit is issued. Any surplus at the expiration of the annual permit shall be re- funded to the applicant or if the costs exceed the estimate the applicant shall pay the additional costs. E. Survey. Furnish a survey by a certified registered surveyor showing the boundaries of the property. F. Bond. Post a bond of $50,000.00, conditioned to pay the community the cost and expense of repairing any highways, street, or other public ways and the.restoration of other sites within the community made necessary by the special burden resulting from hauling and transporting there- on by the applicant in the removal of rock, sand, dirt, gra- vel, clay or other material, and conditioned further to com- ply with all the requirements of this.ordinance and the par- ticular permit (including provisions relating completion of operations and restoration of the site) and to save the com- munity free and harmless from any and all suits or claims for damage resulting from the negligent excavation, removal or storage of rock, sand, dirt, gravel, clay or other material within the community boundary. G. Insurance. Carry bodily injury and property damage, public liability insurance in the amount of $100,000.00 for any one person and $300,000.00 for any occurrence including blasting insurance naming the community as an additional in- sured. 11.- Noise. Maintain and operate all equipment in such manner as to eliminate objectionable noises and vibrations, and comply with State and County noise standards. I. Hours of Operation. Conduct operations only be- tween the hours of 7:00 A.M. and 7:00 P.M. except no trucking or mining shall be allowed on Sundays or holidays. J. Dust and Dirt. Construct, maintain and operate all equipment in such a manner as to minimize dust conditions. All operations shall meet the standards of the State Pollu- tion Control Agency. RESOLUTION 86-14 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ;e5p A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO R.J. O'NEIL FOR VALI-HI DRIVE IN THEATRE IN THE GENERAL BUSINESS ZONING DISTRICT FROM JANUARY 1, 1986 THRU DECEMBER 31, 1986 WHEREAS, R.J. O'Neil has applied for a Conditional Use Permit for a drive-in theatre on the SW1/4, SWl/4 of Section 36, T29, R21, except the S 219.5 feet of the E. 847.7 feet thereof,(for which a site layout is on file with the City Clerk) at 11260 Hudson Boulevard in the City of Lake Elmo from January 1, 1986 through December 31, 1986; and has submitted all required information and fees for the application for such permit; and WHEREAS, Section 301.070 D.7.a. (9) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a drive-in theatre in the City of Lake Elmo; and, WHEREAS, Sections 301.130 L of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for Vali-Hi Drive -In at 11260 Hudson Boulevard is hereby granted to R.J. O'Neil from January 1, 1986 through December 31, 1986, subject to the following conditions: 1. There shall be licensed deputies on duty Fridays, Saturdays and holidays when more than 50 cars are anticipated. 2. The owner shall prevent litter from this use to scatter to adjoining property. 3. The parking area and drives shall be treated to control dust. This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that public health, safety, or welfare is jeopardized. ADOPTED, this 7th day.of January 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed � David A. Morgan; Mayes Attest:_�F� Ro ert Lee Ov rby, City AOninistrator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-14 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo Washingto County, Minnesota on the 7th day of January, 1986./% n 11 /I obert Lee Overby; City Admin}Vstrator .k I - RESOLUTION 86-15 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO HAMMES MINING TO ENGAGE IN MINING OPERATIONS FROM JANUARY 1, 1986, THROUGH DECEMBER 31, 1986 WHEREAS, Hammes Mining (applicants are William H. Hammes and Clara C. Hammes and their heirs) has applied for a renewal of a City of Lake Elmo Conditional Use Permit to engage in mining operations - to mine and sell sand, gravel and rock - on and from the property described as follows: The South one-half (S1/2) of the Northeast Quarter (NE1/4) of Section Thirty-four (34) Township Twenty-nine (29), Range Twenty-one (21) West, and the West One-half (W1/2) of the Northwest Quarter (NW1/4) of Section Thirty-five (35), Township Twenty-nine (29) Range Twenty-one (21) West. WHEREAS, Section 901.030 of the Municipal Code of Lake Elmo requires a Conditional use Permit to engage in mining operations; and, WHEREAS, Section 901 of the Municipal Code of Lake Elmo sets forth the conditions under which such permit may be granted for mining operations and expressly authorizes the City to impose conditions considered necessary to protect the health, safety, moral and general harmony of its citizens. WHEREAS, the City finds that certain conditions exist on the aforesaid property, which represent a potential hazard and nuisance to surrounding citizens, and expressly desires to impose conditions on the grant of any permit to eliminate any such conditions. WHEREAS, Section 301 of the Municipal Code of Lake Elmo sets forth the zoning regulations which allows mining operations in Agricultural zoned land; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above except as may be hereinafter stated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for mining operations at the above described parcel is hereby granted to Hammes Mining from January 1, 1986 through December 31, 1986 subject to the following conditions: 1. This permit shall be valid for one year from the date hereof, and shall terminate on December 31, 1986 unless terminated earlier by action of the City Council for violation of said Ordinance or this permit, as provided therein or unless renewed by the City Council. Y i '� i ? Resolution 86-15 Hammes Mining Page 2 2. Mining operations shall be conducted on the above described property within the limits, under the conditions and in accordance with the plans submitted with the application herein and entitled "Hammes Property Evaluation", prepared by Frank Horner Co., dated March 14, 1972, as revised May 9, 1972, except insofar as said plan is limited or modified. by the terms of this resolution granting renewal of the permit. 3. Adherence to said plan shall be in accordance with the reasonable directions of the Building Official. 4. All operations permitted by the Conditional Use Permit shall be under the terms and conditions of Section 901 of the Municipal Code of 1979 relating to mining. 5. As a condition of operation pursuant to this permit, the Applicants shall abide by the terms of this permit, the aforesaid Ordinances and said plan, including all of the provisions thereof relating to completion of operations and restoration of the premises. If Applicants should default in any of their obligations hereunder, the City may proceed to abate any nuisances, complete operations and restore the premises in accordance with the said plan and hold each of said Applicants liable personally for the cost and expense incurred therein. Alternatively, the City expressly retains the right to terminate this Conditional Use Permit pursuant to Secion 901.040 of the Lake Elmo City Code of 1979. 6. No operation shall begin pursuant to this permit until a certificate or other evidence of insurance as required by Section 901.070 (G) has been filed with the City clerk and until the performance bond required by Section 901.070 (F), or other security instruments as may be provided in this permit, shall have been filed with the City Clerk. 7. No mining excavations shall be conducted below an elevation of 935 feet above mean sea level until the Applicants shall post a bond in a reasonable amount satisfactory to the City Council, whereupon mining excavation may thereafter be conducted to a depth of 920 feet above mean sea level during the term of this permit. 8. No mining operations shall be conducted any closer to the proposed rights -of -way of County Road 19 or Interstate Highway 94, as said rights -of -way have been located on the date hereof, than shall be permitted in the case of existing or proposed street right-of-way under Section 901.070 (C) of the said Municipal Code. 9. No operation shall begin pursuant to this permit until the minimum annual fee has been paid. By commencing operations pursuant to this permit, Applicants agree to pay annual inspection fees, as defined and determined pursuaant to Section 901.070 (D) of the said Municipal Code. 10. Without the consent of the City Council, this permit shall not be assigned and shall be valid only so long as at least one of the above named Applicants continues to be the owner of the above described real estate. The City Council agrees that it will not withhold its consent unreasonably. Resolution 86-15 Hammes Mining Page 3 11. Except for financing purposes, and except for conduit conveyances among themselves, the Applicants shall not convey fee title to the above described real estate without first giving written notice thereof to the City. *12. If the Applicants elect to do so, they may secure their performance of the conditions of this permit by an appropriate performance agreement secured by a mortgage on forty (40) acres of the land owned by Applicants in the City of Lake Elmo, in lieu of the performance bond required by Section 901.070 (F) of the said Municipal Code; the same to be in a form approved by the City Attorney. 13. Storage of inoperable or unlicensed vehicles shall cease on the premises effective March 1, 1986. 14. All junk and other materials as defined in Section 1501.040 (J) of the City Code shall be removed, or properly screened, pursuant to Section 1053.020, by March 1, 1986. 15. The blue house, white house and mobile homes currently located on the aforesaid property shall either be removed or placed on permanent approved foundations by March 1, 1986. 16. Discharges of firearms of any type shall not be permitted upon the aforesaid property. 17. Operations of any off -the -road vehicles (ORVs), including, but not limited to three-wheelers recreational four-wheel drive and snowmobiles, by persons other than the property owners or their immediate families is prohibited. This permit renewal is issued by the City of Lake Elmo pursuant to its Municipal Code. This permit renewal does not purport to permit any improvement, use of activity which may be prohibited or regulated by other governmental agencies having jurisdiction over said land of the subject matter of this permit. The conditions of this resolution are intended to supercede any and all conditions previously imposed. The City expressly refuses to waive any rights or authority allowed it under its Municipal Code to grant or renew a Conditional Use Permit for mining purposes. Failure of Hammes Mining to fulfill the aforesaid conditions shall be grounds for termination of this renewed Conditional Use Permit. *Renewal of original permit dated September 13, 1978. Notice of this Resolution shall be effected by publication and by mailing a copy hereof to Applicants. Adopted this 21st day of January, 1986 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: Ocyu-t,�e a tom David A. Morgan,' ayor Attest: F"V-601 (&"6 Robert Lee Overby, City 4d nistrator DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 86-15 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County, Minnesota on the 21st day of January, 1986. obert Lee Overby, City Admi strator (I Aff bauit of rubitrotion 4tate of Minneoota ss. Countu of lVa'64ington N. Theodore Lillie being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Washington Gounty RerrieThr , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Resolution 86-15 is attached was cut from the columns of said newspaper, and was printed and published once each week, for __ -1 successive weeks; it was first published on ;1e- eSda , the th day of February, 19 86 , and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: y4869EFf hN.l146M '-A@=6FBbualc6MWQVQA&T4AA40WZ _ 'adcdeSghijklmnopgrstuvwxyz BY. V �/ [�i• f C) TITLE: Subscribed and sworn to before me on this 19t I- day of Fet ruary19 � _lam i Notary Public 'Alphabet should be in the same size and kind of type as the notice. x AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA DEATRICE S. ENRIGHT >> Notary Public RamSeyCounty, MN ; RATE INFORMATION r _ My Comm. EKPires Sept 6, 1991 ? �VV VYVVVYVrVvrr YYrrrrrrrrVVVVVy� (1) Lowest classified rate paid by commercial users for comparable space ... ......... . .. .. .... .. .. ..$9.34 per col. inch (2) Maximum rate allowed by law for the above matter ... .... ..... .... ..$6.4o per col, inch (3) Rate actually charged for the above matter ..... ...... .... . .. $ per col. inch RESOLUTION 86-15 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO HAMMES MINING TO ENGAGE IN MINING OPERATIONS FROM JANUARY 1, 1986, THROUGH DECEMBER 31, 1986 WHEREAS, Hammes Mining (applicants are William H. Ham- mes and Clara C. Hammes and their heirs) has applied for a renewal of a Cityof Lake Elmo Conditional Use Permit to engage in mining operations— to mine and self sand, gravel and rock — on and from the properly described as 1011DWa: The South one -hall (8112) of the Northeast Quarter (NEU4) of Section Thirty -tour (34) Township Twenty-nine (29), Range Twenty-one (21) West, and the West One-half (Writ) ofihe Nor- thwest Quarter {NW1/4) of Section Thirty-five (35), Township Twenty-nine (29) Range Twenty-one (21) West, WHEREAS, Section 901.030 of the Municipal Code of Lake Elmo requires a Conditional Use Permit to engage in mining Operations; and, WHEREAS, Section 9D1 of the Municipal Code of Lake Elmo sets forth the conditions under which such permit may be granted for mining operations and expressly authorizes the Ci- ty tO impose conditions considered necessary to protect the health, safety, moral and general harmony of its citizens. WHEREAS, the City finds that certain conditions exist on the aforesaid properly, which represent a potential hazard and nuisance to surrounding citizens, and expressly desires to im- pose conditions on the grant of any permit to eliminate any such conditions. WHEREAS. Section 301 of the Municipal Code of Lake Elmo sass forth the zoning regulations which allows mining operations in Agricultural zoned land; and, WHEREAS, the applicant meets or exceeds all the conditions Set forth above except as may be hereinafter stated. NOW, THEREFORE, BE IT RESOLVED by the City Council Of the City of Lake Elmo, THAT, the Conditional Use Permit for mining operations at the above described parcel is hereby granted to Hammes Min• ing from January 1, 1986 through December 31. 1086 subject to the folfawing conditions: 1. This permit shall be valid for one. year from the data hereof, and shall terminate on December 31. 1986 unless terminated earlier by action of the City Council forviolation of said Ordinance or this permit, as provided therein or unless renewed by the Ci- ty Council, 2, Mining operations shall be conducted on the above describ- ed properly within the limits, under the conditions and in accor- dance with the plans submitted with the application herein and entitled "Hammes Properly Evaluation," prepared by Frank Homer Co., dated March 14. 1972, as revised May 9, 1972, ex- cept insofar as said plan is limited or modified by the terms of this resolution granting renewal of the permit. 3. Adherence to said p)an shall be in accordance with the reasonable directions of the Building Official. 4. All operations permitted by the Condi ional Use Permit shall be under the terms and conditions of Section 901 of the Municipal Cade of 1979 relating to mining. 5. As acondition of operation pursuant to this permit the Ap- plicants shall' abide by the terms of this permit, the aforesaid Ordinances and said plan, including all of the provisions thereof relating to Completion of operations and restoration of the Premises, It Applicants should default in any of their obligations hereunder, the City may proceed to abate any nuisances, com- plete operations and restore the premises in accordance with the said plan and hold each of said Applicants liable personally forthe cost and expense incurred therein. Alternatively, the Ci- ty expressly retains the right to terminate this Conditional Use Permit pursuant to Section 901,040 of the Lake Elmo City Code of 1979, 6. No operation shalt begin pursuant to this permit until a cer- tificate Or Other evidence of insurance as required by Section 901.070 (GI fins been filed with the City clerk and unlit the per- formence bond requlred by Section 901.070 (F), Or other security instruments as may be provided in this permit, shall have been filed with the City Clerk. 7. No mining excavations shall be conducted below an aleva- lion of 935 feet above mean seal level until the Applicants shall post a band in a reasonable amount satisfactory to the City Coun- cil, whereupon mining excavation may thereafter be conducted to a depth of 920 feet above mean sea level during the term of this permit. 8. No mining operavons shall be conducted any closer to the proposed rights -of -way of County Road 19 or Interstate Highway 94, as said rights -of -way have been located on the date hereof, than shall be permitted in the case of existing or proposed street right-ot-way under Section 901.070 (C) of the said Municipal Code, 9. No operation Shall begin pursuant to this permit untii the minimum annual fee has been paid. By Commencing operations pursuant to this permit. Applicants agree to pay annual inspec. lion fees, as defined and determined pursuant to Section 901.079 (D) of the said Municipal Code, 10. Without the consent of the Cily Council, this permit shall not be assigned and shall be valid only so fong as at feast one of the above named Appticants continues to be the owner of the above described real estate. The City Council agrees that it will not withhold its consent unreasonably. 11. Except for financing purposes, and except for conduit con- veyances among themselves, the Applicants shall not convey fee title to the above described real estate without first giving written notion thereof to the City. -12' If the Applicants elect to do so, they may secure their Performance of the conditions of this permit by an appropriate performance agreement secured by a mortgage on forty (40) acres of the land owned by Applicants in the City of Lake Elmo, in lieu of the performance bond required by Section 901,070 (F) of the said Municipal Code; the same to be in a form approved by the City Attorney. 13. Storage of inoperable or unlicensed vehicles shall cease 'f on the premises etiecllve March 1, 1986, 14. All junk and other materials as defined In Section 1501.M (J) of the City Code shall be removed, ar properly screened, pur sushi to Section fO53.020, by March 1, 1986, 16. The blue house, white house and mobile homes current- I Iy located on the aforesaid property shall either be removed or plated on permanent approved faundallons by March 1, 1986, 16. Discharges of firearms of any type shall not be permitted upon the aforesaid property. 17.Operations of any off -tile -road vehicles (ORVs), including, but not limited to three-wheelers, recreational teurwheel drive and snowmobiles, by parsons other than the property owners or their Immediate families is prohibited. This permit ranewat is Issued by the City of Lake Elmo pur- suant to its Municipal Code. This permit renewal does not pur- port to permit any improvement, use of activity which may be prohibited or regulated by other governmental agencies having jurisdiction or regulated by other governmental agencies hav- ing jurisdiction over said $and of the Subject matter of this permit. The conditions of this resolution are intended to supercede any and all conditions previously imposed. The City expressly 1 refuses to waive any rights or authority allowed it under its ` Municipal Code to grant or renew a Conditional Use Permit for mining purposes. Failure of Hammes Mining to fulfill the aforesaid conditions shall be grounds for termination of this renewed Conditional Use Permit. 'Renewal of original permit dated September 10, 1978, Notice oflhis Resolution shelf be effected by publication and by mafling a copy hereof to Applicants. Adopted this 21st day of January, 1996 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: David A. Morgan Attest: Robert Lee Overby Mayor City Administrator (Review: Feb. 19, 1986) RESOLUTION 86-21 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA WHEREAS, the Lake Jane Landfill was operated for many years within this City by Washington and Ramsey Counties (hereinafter the "Counties"); and WHEREAS, the Lake Jane Landfill has created a serious environmental and health problem for citizens of the City of Lake Elmo as the result of groundwater pollution; and WHEREAS, the aforesaid groundwater pollution has, in addition to its health and environmental impact, substantially and negatively affected property values in the area surrounding the Lake Jane Landfill, resulting in lower assessed values; and WHEREAS, the State of Minnesota has ordered the Counties to take efforts to remedy the pollution problems created by their landfill; and WHEREAS, the Counties by earlier resolution had accepted a public water supply as the appropriate resolution of the problem; and WHEREAS, the City of Lake Elmo has over the past year, made every good faith effort to negotiate with the Counties in order to allow for construction of an adequate public water supply for the affected area within the City; and WHEREAS, Ramsey County has, despite said lengthy negotiations, decided, without notice to the city, to install a stop -gap charcoal filtration system in lieu of an adequate public water supply; and WHEREAS, the City of Lake Elmo wishes it to be clearly understood by all persons interested in this issue that it neither shares nor accepts any responsibility for the decisions of Ramsey County seeking resolution of this matter; and WHEREAS, it has been the City of Lake Elmo's experience that Ramsey County has demonstrated callous disrespect of environmental problems created by their landfill in Lake Elmo, and as a result, has shown itself to be an unresponsive and irresponsible landfill operator. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LAKE ELMO: 1. That the City of Lake Elmo strongly condemns the action of Ramsey County choosing options other than an adequate public water supply to resolve the pollution problem they created at the Lake Jane Landfill. 2. That the City of Lake Elmo is and will remain strongly opposed to the placement within the City of any other landfill or waste facility operated by either or both of the aforesaid Counties or any other entity on behalf of the aforesaid Counties. 3. That the City Administrator shall forward a copy of this resolution to the Ramsey County Board and the Washington County Board. Adopted by the City Council of the City of Lake Elmo this 4th day of March, 1986. k k. O'�-, 010 David A. Morgan, Mayor Attest: RESOLUTION 86-22 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR LAKE ELMO HEIGHTS WHEREAS, the City Council of the City of Lake Elmo has priviously considered and approved the preliminary plat of Lake Elmo Heights; and WHEREAS, the applicants have now presented to the City a final plat which conforms to the approved preliminary plat and meets the requirements of the City's Subdivision Ordinance; and, WHEREAS, the Lake Elmo Planning Commission has reviewed the proposed final plat at its March 10, 1986 meeting and recommended to the City Council approval of the said final plat. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby accept the final plat of Lake Elmo Heights as it is on file with the City Clerk subject to the following conditions: 1. The applicant shall enter into a developer's agreement, as required by the City's Subdivision Ordinance, providing for the construction of all streets and related improvements to City Standards. 2. The developers performance of said Developer's Agreement shall be secured by security bond, cash deposit or letter of credit in a form approved by the City Attorney or such other security as may be hereafter approved by the City Council. The amount of said bond shall be determined by the City Engineer in accordance with the provisions of the Subdivision Ordinance. 3. Park Dedication fees in the amount of $250 per lot be paid to the City of Lake Elmo as well as all pass-thru expenses incurred by the City of Lake Elmo in reviewing this plat. ADOPTED by the Lake Elmo City Council this 24th day of March, 1986. Signed: )a ci,. _ a, -,n, u4r n,,-- David A. Morgan, Mayor ATTEST: ert Lee Overdy, City Adm'nistrator Drafted by the City of Lake Elmo CERTIFICATION State of Minnesota ) County of Washington ) City of Lake Elmo ) I hereby certify that Resolution 86-22 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County, Minnesota on the 24th day of March, 1986. THIS AGREEMENT, made and entered into this /,5-t4 day o , 1986, by and between the City of Lake Elmo, a Minnesota unicipal Corporation (hereinafter called "City") and Lake Elmo Heights, a Minnesota Limited Partnership (hereinafter called "Developer), WITNESSETH: THAT: WHEREAS, the Developer have made application to the City Council for approval of a land development within the corporate limits of the City, described as follows: That part of the Northeast Quarter of the Northwest Quarter and that part of the Northwest Quarter of the Northwest Quarter of Section 21, Township 29 North, Range 21 West, described as follows: Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter; thence South 00 degrees 49 minutes 43 seconds East, bearing oriented to the Washington County Coordinate System, South Zone, along the east line of said Northeast Quarter of the Northwest Quarter a distance of 184.38 feet to the southerly line of Washington County Highway Right-of-way Plat No. 23 recorded as Document No. 393903 in the office of the County Recorder, Washington County, Minnesota and the point of beginning; thence continue South 00 degrees 49 minutes 43 seconds East along said east Iine 975.62 feet; thence South 89 degrees 10 minutes 17 seconds West 270.00 feet; thence North 51 degrees 01 minute 23 seconds West 312.41 feet; thence North 28 degrees 02 minutes 45 seconds West 185.79 feet; thence South 89 degrees 43 minutes 50 seconds West 781.78 feet to the west line of the East 62.5 feet of said Northwest Quarter of the Northwest Quarter, as measured at a right angle to the east Iine of said Northwest Quarter of the Northwest Quarter; thence North 01 degree 06 minutes 11 seconds West along said west Iine 540.00 feet to said southerly Iine of Washington County Highway Right-of-way Plat No. 23; thence North 81 degrees 05 minutes 01 second East along said southerly Iine 499.82 feet to the Right-of-way Boundary Corner No. B36 as shown on. said Washington County Right-of-way Plat No. 23; thence North 81 degrees 03 minutes 33 seconds East along said southerly Iine 380.70 feet to Right-of-way Boundary Corner No. 35 as shown on said Washington County Highway Right-of-way Plat No. 23; thence easterly along said southerly Iine and a tangential curve, concave to the south, having a radius of 3744.72 feet and a central angle of 05 degrees 43 minutes 18 seconds, a distance of 373.95 feet to Right-of-way Boundary Corner No. B34 as shown on said Washington County Highway Right-of-way Plat No. 23; thence South 49 degrees 31 minutes 46 seconds East along said southerly line 144.64 feet to Right-of-way Boundary Corner No. 33 as shown on said Washington County Highway Right-of-way Plat No. 23; thence North 89 degrees 11 minutes 37 seconds East along southerly Iine 26.68 feet to the point of beginning. WHEREAS, the Developers hereby warrant and represent to the City as inducement to the City's entering into this Agreement that Developer's interest in the land area of the Development is fee owner. WHEREAS, the City Council, by resolution adopted , has granted preliminary approval to the Development, on the condition that the Developers enter into this agreement to provide for the installation of streets, utilities, landscaping and other improvements hereafter described in the terms and conditions hereafter set forth. NOW, THEREFORE, and in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: In accordance with the policies and ordinances of the City, the following described improvements shall be constructed and installed on the terms and conditions hereinafter contained: A. Street grading, graveling and stabilizing, bituminous surfacing, bituminous curb, construction of berms and boulevards, and turf restoration Including seeding and mulching (hereinafter called "Street Improvements); B. Drainage facilities, Including all necessary storm sewers, catch basins, ponds, inlets and other appurtenances as well as seeding and mulching (hereinafter called "Storm Sewer Improvements"); ( C. Standard street name signs at all newly opened intersections and such other traffic control signs within the subdivision determined to be necessary by the City Engineer (hereinafter called "Traffic Signing Improvements"); D. Underground gas, electric and telephone service to be arranged by the Developers with the utility companies involved (hereinafter called "Utility Improvements"). 2. DESIGN, INSPECTION AND AS-BUIITS AND WARRANTY PEJAM TO IMPROV mENTS Prior to any construction, plans and specifications for ail storm sewer facilities, grading, bituminous curb and bituminous surfacing, whether to be public or private shall be prepared by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The Developer, through his Engineer, shall provide for competent dally Inspection of all street and utility construction, both public and private. As -built drawings on reproducible mylar and certificates of completion and compliance with approved specifications shall also be delivered to the City Engineer. Prior to acceptance by the City of any streets or utilities or commencement of maintenance thereof by the City, the City Engineer shall inspect and approve the same and signify his approval for acceptance In writing. -2- Developer, by this instrument, agrees to a one (1) year warranty, from and after approval by the City Engineer, in favor of the City covering the workmanship and material in such street and utility improvements. 3. PERFORMANCE ASSURANCE Prior to the approval of the final plat or the issuance of any building permits for this Development, the Developer shall deliver to the City Clerk a "Performance Bond", "Cash Deposit", or "Letter of Credit", in a form acceptable to the City Attorney and in an amount equal to the estimated construction cost plus twenty-five percent (25%). This amount shall be determined by the City Engineer. All streets and utilities which are intended to be owned and maintained by the City shall include: Tyne of Improvement Estimated Cost Grading and Drainage Improvements $29,813.50 Street Improvements $11,797.00 Staking and "Inspection $ 2,080.50 + 25% per Ordinance $10 909.00 Total $54,600.00 4. FEES The Developer herein agrees to pay all City fees required per City Ordinance and further agrees to completely reimburse the City for all the costs it incurs including, but not limited to, direct City payroll costs, fees paid to consultants and other professionals, and the costs of printing, mailing and supplies. In addition to the above, the Developer herein also agrees to pay the charges for City Engineering personnel time involved in consultation with the Developer and his engineer for review of grading and utility plans and general and final inspection of streets and utilities and final plat processing. 5. TIME FOR PERFORMANCE= COMPLETION BY CITY ON DEFAULT Developer agrees to complete the improvements required by this agreement or or before September 15, 1986. In the event Developers fall to complete the said Improvements within the time provided by this agreement, then the City may, at Its option, bring an action in a court of competent Jurisdiction for an order compelling Developers to complete the improvements or the City may complete the improvements or cause the same to be completed. In either case, Developers agree to pay, in addition to the cost of completing said improvements, any reasonable legal, engineering or other fees or expenses Incurred by the City in connection with the completion thereof or the enforcement of this agreement upon default of the Developer. -3- l�71�171�Cel���i31 The terms and provisions hereof shall be binding upon and inure to the ( benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developers, If there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice hereto to subsequent purchasers and encumbrancers of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developers. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited In the mall in accordance with the above. The addresses of the parties hereto are as follows, until changed by notice given as above: If to the City at: Mr. Robert L. Overby City Administrator City Office 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 If to the Developer at: Mr. E. Don Bishop c/o Clapp Thomssen Company 4 East 4th Street Saint Paul, Minnesota 55101 WNIffik 1 lllllh Upon partial performance by the Developers of the terms of this Agreement, the City will release to the Developers a portion of the Performance Assurance in accordance with this Agreement. The amount to be released shall be determined by the City Engineer with approval by the City Council after the receipt of bills for work completed and inspected. The City shall retain an amount necessary to complete any remaining improvements plus twenty-five percent (25%). The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bond, security and fees. -4- ►h�i'�ii f► G C ► All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this agreement by reference as fully as It set out herein full. Plans and Specifications, dated May 20, 1986, entitled "Contract Documents and Specifications for Lake Elmo Heights" IN WITNESS WHEREOF, the City and Developers have caused this agreement to be duly executed on the day and year first above written. In Presence of: In presence of: CITY OF LAKE ELMO David Morg��ann/, Mayor 1P /) , / Robert L. Overby City Administrator DEVELOPER LAKE ELMO HEIGHTS, a Limited Partnership gY �.-v . E_ Don Bishop, President of E & D BISHOP CO., its General Partner -5- RESOLUTION 86-24 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE LAND DONATION FROM THE BROOKFIELD COMPANY TO THE CITY OF LAKE ELMO. WHEREAS, the City Council of the City of Lake Elmo has been making plans for the construction of a new City Hall building and, WHEREAS, Kelly Brookman and Don Raleigh of the Brookfield Company have offered to donate a 1.5 acre parcel of land (lot one, block two, Brookman Addition) located immediately south of the present City offices in the Brookfield II building, and WHEREAS, the City of Lake Elmo is willing to meet the three conditions imposed on the land donation, namely: that the City begin construction of the new City Hall by November 1, 1987 and that the City use this property for a City Hall for at least fifteen years, and that Brookfield Company representatives will be given an opportunity to review the concept plans and offer their comments. NOW, THEREFORE, BE IT RESOLVED that the City Council does herby accept the Brookfield Company land donation offer with all of its related conditions. ADOPTED by the City Council of the City of Lake Elmo this lst day of April, 1986. Signed: _ 0{ '-� EE�r David A. Morgan- Mayor Attest: �4V a 4�0' a, C�' " Robert Lee Overby, Cit Administrator Q RESOLUTION 86-25 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT SUBDIVISION TO CONSTANCE SMITH AT 3200 LAKE ELMO AVENUE WHEREAS, Constance Smith has made application to the City of Lake Elmo for a Simple Lot Subdivision on a parcel of land located in said City into two tracts described as follows, to wit: Parcel "A" That part of Lots 2, 3 and 4, Block 1, LAKE ELMO PARK, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the northeast corner of Lot 1, Block 1 of said LAKE ELMO PARK; thence South 87 degrees 08 minutes 37 seconds West, bearings are based on the Washington County Coordinate System, South Zone, along the north line of said Lot 1, a distance of 139.93 feet to the most easterly corner of said Lot 2; thence South 66 degrees 07 minutes 57 seconds West, a distance of 357.21 feet to the point of beginning; thence North 66 degrees 07 minutes 57 seconds East, a distance of 357.21 feet to said most easterly corner of Lot 2; thence South 87 degrees 08 minutes 37 seconds West, along the north line of said Block 1, a distance of 487.57 feet to its intersection with the east line of the west 15.00 feet of Lot 4; thence South 00 degrees 56 minutes 24 seconds East, along said east line of the west 15.00 feet, a distance of 350 feet, more or less, to the shore of Lake Elmo; thence southeasterly, along said shore of Lake Elmo, a distance of 55 feet, more or less, to its intersection with a line that bears South 22 degrees 38 minutes 25 seconds West from the point of beginning; thence North 22 degrees 38 minutes 25 seconds East, a distance of 267 feet, more or less, to the point of beginning. This parcel contains 1.52 acres, more or less. PARCEL "B" That part of Lots 1, 2 and 3, Block 1, LAKE ELMO PARK, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the northeast corner of said Lot 1; thence South 87 degrees 08 minutes 37 seconds West, bearings are based on the Washington County Coordinate System, South Zone, along the north line of said Lot 1, a distance of 139.93 feet to the most easterly corner of said Lot 2; thence South 66 degrees 07 minutes 57 seconds West, a distance of 357.21 feet to the point of beginning; thence North 66 degrees 07 minutes 57 seconds East, a distance of 357.21 feet to said most easterly corner of Lot 2; thence North 87 degrees 08 minutes 37 seconds East, along the north line of said Lot 1, a distance of 139.93 feet to the northeast corner of said Lot 1; thence South 00 degrees 37 minutes 37 seconds East, along the east line of said Lot 1, a distance R86-25 page 2 of 275.39 feet to the southeast corner of said Lot 1; thence South 56 degrees 49 minutes 39 seconds West, along the southeasterly line of said Lot 1, a distance of 546 feet, more or less, to the shore of Lake Elmo; thence northerly and northwesterly, along said shore of Lake Elmo, a distance of 225 feet more or less, to its intersection with a line that bears South 22 degrees 38 minutes 25 seconds West from the point of beginning; thence North 22 degrees 38 minutes 25 seconds East, a distance of 267 feet, more or less, to the point of beginning. This parcel contains 4.38 acres, more or less. WHEREAS, the Lake Elmo Planning Commission considered this application on March 10, 1986 and recommended denial of the application as the applicant did not meet the Lake Elmo Municipal Code requirement of 1-1/2 acres and the applicant did not meet the required 150' lake frontage; and WHEREAS, the applicant realigned the lots to accomodate the 1-1/2 acre requirement in the Lake Elmo Municipal Code; and WHEREAS, the City Council interpreted the odd shape of the lot a hardship in granting a lake frontage variance from the required 150"; this variance being the only variance required with this simple lot subdivision request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows, to wit: The application of Constance Smith for a simple lot subdivision for the above described Parcels A and B shall be approved as separately subdivided parcels. ADOPTED by the City Council of the City of Lake Elmo this 1st day of April, 1986. Attest: ert Lee"Overby, City IV Signed: David A. nistrator A. el-n 0-20 � Morgan, Mayor DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA. ) COUNTY OF WASHINGTON } CITY OF LAKE ELMO ) I hereby certify that Resolution 86-25 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County on the lst day of April , 1986 Mary Kueffner Deputy Clerk RESOLUTION 86-26 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO MERLE OLSON FOR HIS CONTRIBUTION TO THE LAKE ELMO PARKS COMMISSION. FROM 1983 THROUGH 1985 WHEREAS, we have had the pleasure of working with Merle Olson during his service on the Parks Commission; and, WHEREAS, we have greatly appreciated his awareness of the needs and goals in planning and preserving our city parks, his assistance in decision making regarding the parks and his contribution of time and talent while serving on the Commission; 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 Merle Olson hereby offer their sincere appreciation and thanks to Merle Olson for his many years of service to the City of Lake Elmo. ADOPTED this 15th day of Apiil,,1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: David Morgan,"Mayor Attest: Robert L. O erby, City Administrator RESOLUTION 86-27 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO SUE DUNN FOR HER CONTRIBUTION TO THE LAKE ELMO PARKS COMMISSION FROM 1974 TO 1986 WHEREAS, we have had the pleasure of working with Sue Dunn during her service on the Parks Commission; and, WHEREAS, we are most appreciative of her dedication and vigilance regarding the city parks, her organization of the Adopt -A -Tree program, the time and energy spent in grooming the ski trails, her perception of the needs of our parks while serving as Chairperson for many years and her personal touch of providing treats at the Park Commission meetings; 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 Sue Dunn hereby offer their sincere appreciation and thanks to Sue Dunn for her many years of service to the City of Lake Elmo. ADOPTED this 15th day of April, 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: David Morgan, ayor Attest: Rob"Overby,inistrator RESOLUTION 86-28 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO SCOTTY LYALL FOR HIS CONTRIBUTION TO THE LAKE ELMO PLANNING COMMISSION FROM 1980 THROUGH 1985 WHEREAS, we have had the pleasure of working with Scotty Lyall during his service on the Planning Commission; and, WHEREAS, we have greatly appreciated his perception; his understanding of the community, its codes and local needs, his contribution of background information to the commission during decision making and his committment as a long term member of the Planning Commission; 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 Scotty Lyall hereby offer •their sincere appreciation and thanks to Scotty Lyall for his many years of service to the City of Lake Elmo. ADOPTED this 15th day of April, 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: David Morgan, Ma or Attest: Robert L. Overby, Cit Administrator RESOLUTION 86-29 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO FRED NAZARIAN FOR HIS CONTRIBUTION TO THE LAKE ELMO PLAN14ING COMMISSION FROM 1981 THROUGH 1985. WHEREAS, we have had the pleasure of working with Fred Nazarian during his service on.the Planning Commission; and, WHEREAS, we have greatly appreciated his understanding of the city's codes, his committment of time and talent as a long term member of the commission, and his service as Chairman and Vice -Chairman of the Planning Commission. 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 Fred Nazarian hereby offer their sincere appreciation and thanks to Fred Nazarian for his many years of service to the City of Lake Elmo. ADOPTED this 15th day of April, 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: 0 cw�V-. 0, 6=a . David Morgan, Mayor Attest: RESOLUTION 86-30 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OPPOSING THE PROPOSED LANDFILL IN LAKE ELMO REGIONAL PARK RESERVE WHEREAS, Washington County is currently in the process of revising its Solid Waste Master Plan; and WHEREAS, the goals, objectives and policies for the Solid Waste Plan have been revised; and WHEREAS, one of the land disposal objectives indicates that the County will establish a 21464 acre-foot landfill by 1993 in accordance with the Metropolitan Council Policy Plan, pending approval by all parties required by law to act upon the issue; and WHEREAS, one of the land disposal policies indicates that Washington County will prepare an Environmental Impact Statement for the landfill inventory site located in the Lake Elmo Regional Park Reserve; and WHEREAS, the City Council of the City of Lake Elmo reviewed. the County Solid Waste Master Plan at its February 18, 1986 meeting and finds the following concerns: 1. There is already one failed landfill in the City of Lake Elmo which continues to contaminate private wells and lower the property values in the affected area. 2. Many citizens of Lake Elmo were forced by the County to leave their homes to make way for the County's Regional .Park, with the understanding that the land would remain forever in use as park land. 3. The proposed landfill site is dangerously close to Eagle Point Lake, which with the recently modified 509 surface water management plan will drain or leach into areas of Lake Elmo and other communities downstream. 4. The County proposes to site and construct a "sanitary landfill" at the same time it is working to construct a refuse -derived fuel waste energy plant to provide a better alternative to waste disposal than the discredited technology of landfills. The County is also currently working with the City of. Lake Elmo in trying to find an acceptable method of providing safe water to residents living near the old lake Jane Landfill. The City Council is of the opinion that there is no such thing as a "safe" landfill, a fact which unfortunately is only discovered after the hazard has been created. r , , NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby condemn and oppose all actions taken by Washington County or any other parties in support of the proposed landfill site in the Lake Elmo Regional Park Reserve. Adopted by the City Council of the City of Lake Elmo this 18th day of February, 1986. Signed: t) 15u-4� cx. "c zz David A. Morgan, DTayor Attest: (17 Robert Lee Overby, ity ministrator RESOLUTION 86-32 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACKNOWLEDGING THE RESIGNATION OF LAURA FRASER AS THE CITY'S APPOINTED ALTERNATE REPRESENTATIVE TO THE RAMSEY/WASHINGTON COUNTIES SUBURBAN CABLE COMMISSION WHEREAS, Laura Fraser was appointed on December 6, 1983 to serve as the City of Lake Elmo's alternate delegate to the Cable Commission; and WHEREAS, the Cable Commission has been notified by Laura Fraser of her intention to resign from the position of alternate "delegate; and WHEREAS, the Cable Commission has requested that the City of Lake Elmo provide a resolution recognizing Laura Fraser's resignation. NOW, THEREFORE, BE IT RESOLVED: that The City of Lake Elmo recognizes and accepts Laura Fraser's resignation from the Ramsey/Washington Counties Suburban Cable Commission, and The City of Lake Elmo will attempt to find a replacement for the City Council Delegate Alternate and the Citizen Delegate Alternate. ADOPTED by the City Council of the City of Lake Elmo this 15th day of April, 1986. Signed: �9cv,-? �, - David A. Morgan; Mayor Attest: Ro ert Lee Averby, Cit dministrator RESOLUTION NO. 86-35 CITY OF LAKE ELMO, MINNESOTA WHEREAS, the Lake Jane Landfill was granted for many years within this City by Washington and Ramsey Counties; and (hereinafter the "Counties") WHEREAS, the Lake Jane Landfill has created a serious environmen- tal and health problem for citizens of the City as the result of groundwater pollution; and WHEREAS, the aforesaid groundwater pollution has, in addition to its health and environmental impact, substantially and negatively affected property values in the area surrounding the Lake Jane Landfill, resulting in lower assessed values; and WHEREAS, the State of Minnesota has ordered the Counties to take efforts to remedy the pollution problems created by the landfill, and WHEREAS, the Counties by earlier resolution had accepted a public water supply as the appropriate resolution of the problem; and WHEREAS, the City of Lake Elmo has over the past year, made every good faith effort to negotiate with the Counties in order to allow for construction of an adequate public water supply for the affected area within the City; and WHEREAS, the Counties have, despite said lengthy negotiation, decided, without notice to the City, to install a stop -gap char- coal filtration system in lieu of an adequate public water supply; and WHEREAS, a ten -home, inadequate water system to some of the affected homeowners would cost in excess of $225,000; and WHEREAS, Washington and Ramsey Counties have offered a combined total of $175,000 for the construction of such a system, an offer manifestly inadequate and in bad faith; and WHEREAS, the City of Lake Elmo operates no other ten -home water system as a municipal system and is unaware of any such system being operated by any other city; and WHEREAS, the City of Lake Elmo wishes it to be clearly understood by all persons interested in this issue that it neither shares nor accepts any responsibility for the decisions of the counties seeking resolution of this matter, WHEREAS, it has been the City of Lake Elmo's experience that Washington and Ramsey Counties have demonstrated callous disrespect of environmental problems created by their landfill in Lake Elmo, and as a result, have shown themselves to be unrespon- sive and irresponsible landfill operators. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF LAKE ELMO: 1. That the City of Lake Elmo strongly condemns the action of Washington and Ramsey Counties choosing options other than an adequate public water supply to resolve the pollution problem they created at the Lake Jane landfill; and 2. That the City of Lake Elmo is and will remain strongly opposed to the placement within the City of any other land- fill or waste facility operated by either or both of the aforewaid counties or any other entity on behalf of the aforesaid counties. 3. The City rejects as woefully inadequate and manifestly in bad faith the combined offer of $175,000 from Washington and Ramsey Counties to pay for a municipal water system. 4. The City urges the aforesaid counties to offer to directly compensate the affected homeowners in the same or greater amount, to wit, $175,000 or more. 5. The City finds that the bad faith offer of the counties to be a sufficient basis to close any further discussion of this matter and to remove itself altogether from this matter between the counties and the affected homeowners. Passed unanimously by the City Council of. Lake Elmo, Minnesota, the third day of June, 1986. ct. v�a David Morgan, Mayor Attest: I Robert Lee Overby, Cit Administrator RESOLUTION 86-37 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACKNOWLEDGING RECEIPT OF BID FOR PART A OF THE 201 PROGRAM, AND TO AWARD SUCH BID TO WIDMER, INCORPORATED, THE LOWEST RESPONSIVE RESPONSIBLE BIDDER. WHEREAS, the City of Lake Elmo has received State and Federal Grants for the improvement of certain septic systems within the City, and WHEREAS, bids were received for Part A of the work on May 30, 1986 with the lowest responsive responsible bidder being submitted by Widmer, Inc., of St. Bonifacius, Minnesota, in the amount of $329,748.65, and WHEREAS, the City desires to award the work in Part A to the lowest responsive responsible bidder. WHEREAS, concurrence in the award must first be received from the Minnesota Pollution Control Agency, NOW, THEREFORE, BE IT RESOLVED: that The City of Lake Elmo receives all bids submitted, and The City of Lake Elmo will forward all bids to the Minnesota Pollution Control Agency for review, and The City of Lake Elmo requests that the Minnesota Pollution Control Agency concur in the award of contract for Part A to Widmer, Inc., the lowest responsive responsible bidder. ADOPTED by the City Council of the City of Lake Elmo this loth day of June, 1986. Signed: r DavlcV A. Morgan, Mayor Attest: Robert Lee 0 erby, City Administrator r <<, ,, ,, ;,, . ,. , �, . _ �, . I I RESOLUTION 86-38 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACKNOWLEDGING RECEIPT OF BID FOR PART B OF THE 201 PROGRAM, AND TO AWARD SUCH BID TO WIDMER, INCORPORATED, THE LOWEST RESPONSIVE RESPONSIBLE BIDDER. WHEREAS, the City of Lake Elmo has received State and Federal Grants for the improvement of certain septic systems within the City, and WHEREAS, bids were received for Part B of the work on June 4, 1986 with the lowest responsive responsible bidder being submitted by Widmer, Inc., of St. Bonifacius, Minnesota, in the amount of $316,363.90 and WHEREAS, the City desires to award the work in Part B to the lowest responsive responsible bidder. WHEREAS, concurrence in the award must first be received from the Minnesota Pollution Control Agency, NOW, THEREFORE, BE IT RESOLVED: that The City of Lake Elmo receives all bids submitted, and The City of Lake Elmo will forward all bids to the Minnesota Pollution Control Agency for review, and The City of Lake Elmo requests that the Minnesota Pollution Control Agency concur in the award of contract for Part B to Widmer, Inc., the lowest responsive responsible bidder. ADOPTED by the City Council of the City of Lake Elmo this loth day of June, 1986. Signed: 4Z4-�� _ v' y �71�-terL- David A. Morgan, Mayor J Attest: Robert Lee Overby, City Administrator RESOLUTION 86-39 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACKNOWLEDGING RECEIPT OF BID FOR PART C OF THE 201 PROGRAM, AND TO AWARD SUCH BID TO WIDMER, INCORPORATED, THE LOWEST RESPONSIVE RESPONSIBLE BIDDER. WHEREAS, the City of Lake Elmo has received State and Federal Grants for the improvement of certain septic systems within the City, and WHEREAS, bids were received for Part C of the work on June 6, 1986 with the lowest responsive responsible bidder being submitted by Widmer, Inc., of St. Bonifacius, Minnesota, in the amount of $244,454.00 and WHEREAS, the City desires to award the work in Part C to the lowest responsive responsible bidder. WHEREAS, concurrence in the award must first be received from the Minnesota Pollution Control Agency, NOW, THEREFORE, BE IT RESOLVED: that The City of Lake Elmo receives all bids submitted, and The City of Lake Elmo will forward all bids to the Minnesota Pollution Control Agency for review, and The City of Lake Elmo requests that the Minnesota Pollution Control Agency concur in the award of contract for Part C to Widmer, Inc., the lowest responsive responsible bidder. ADOPTED by the City Council of the City of Lake Elmo this 10th day of June, 1986. Signed: vi Cl�' � an- /� Davi A. Morgan, Mayor Attest: ]` / Robert Lee Overby, 7 Administrator RESOLUTION 86-40 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPOINTING FRANK LANGER AS ASSESSOR FOR THE CITY OF LAKE ELMO WHEREAS, Frank Langer has offered to provide complete assessment services to the City of Lake Elmo for the 1987 assessment year; and WHEREAS, Frank Langer intends to provide assessment services for one-fourth of the total number of tax parcels in the City of Lake Elmo on a 12-month re -occurring basis; and WHEREAS, these assessment services are to be provided at a per -parcel rate of $3.96; and WHEREAS, the term of appointment shall take effect on July 1, 'i 1986 and expire on December 31, 1986 subject to review and renewal by the Lake Elmo City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that Frank Langer is appointed as the City Assessor. ADOPTED by the City Council of the City of Lake Elmo this 1st Day of July 1986. David A. Morgan, Mayor Attest: Robert Lee UverDY, Cit�mil nistrator D 513928 Drafted by the City of Lake Elmo Certification State of Minnesota ) County of Washington ) City of Lake Elmo ) I hereby certify that Resolution 86-40 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County, Minnesota on the 1st day of July, 1986. � Robert Lee Overby, tCity 'nistrator RESOLUTION 86- 42 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA IN SUPPORT OF ALLOWING RESIDENTS OF THE CITY OF OAKDALE TO USE THE LAKE ELMO COMPOSTING SITE WHEREAS, the City of Lake Elmo operates a site for the composting of leaves and grass that is open to the public; and WHEREAS, there is enough capacity at the City's composting site to handle additional compost material; and WHEREAS, Washington County has requested that the City of Lake Elmo decide whether it wants to allow residents of Oakdale to use Lake Elmo's composting site; and WHEREAS, Washington County will contact the City of Oakdale in order to make the initial offer of providing the service and prepare the necessary agreements if the City of Oakdale should desire to use the Lake Elmo composting facility; and WHEREAS, Washington County will consider increasing the amount of compensation provided to the City of Lake Elmo, should the cost of operating and maintaining the facility increase beyond the present rate of compensation as a result of the increased use by Oakdale residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, Washington County Public Health Department may inquire of the City of Oakdale as to their interest in using the Lake Elmo composting facility and provide the necessary administrative follow-up, including additional compensation to the City of Lake Elmo if that proves to be necessary. ADOPTED, this 19th day of August, 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed 19 cv6.-' cR. 2 ,en David A. Morga Attest: r Robert Lee Over y, ity dministrator RESOLUTION 8 6- 43 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING INTERFUND AUDIT ADJUSTMENTS WHEREAS, the firm of Voto, Reardon, Tautges & Co., Ltd., Certified Public Accountants, examined the financial statements of the City of Lake Elmo for the year ending December 31, 1985; and WHEREAS, the Council of the City of Lake Elmo accepted the resulting audit report submitted by Voto, Reardon, Tautges & Co. Ltd.; and , WHEREAS, Voto, Reardon, Tautges & Co., 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 DUE FROM OTHER FUNDS DUE TO OTHER FUNDS General Fund $ $ 35,316.67 Revenue Sharing 13641.42 Park Debt Service of 1976 17'422.08 Equipment Certificates of 1981 6,065.21 2 326.31 Water Improvement Bonds of 1962 5,192.42 Sewer Improvement Bonds of 1972 73901.52 Street Improvement Bonds of 1974 .01 7,102.92 Street Improvement Bonds of 1983 16,091.19 8,557.53 Water Fund 2,253.56 Sewer Fund 869.77 Park Capital Project Fund 2 040.24 MSA 1983 Street Improvement Fund 9,402.58 478.01 8,459.49 845.05 EPA Grant Fund 2,242.92 Totals $ 673104.45 $ 67,104.45 ADOPTED, this 2nd day of September, 1986, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: ATTEST David Morgan, Mayor Ro ert Lee Over y, C y Administrator RESOLUTION NO. 86-45 A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN. WHEREAS, the City Council has heretofore determined that individual and joint land use wastewater treatment facilities should be developed to protect the health, safety and welfare of residents of the City of Lake Elmo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, AS FOLLOWS: 1. Acquisition by the City of the following described property is necessary for the purpose of providing sites for joint land use wastewater treatment facilities or easements thereto: See Attachment A for a listing and description of the properties to be acquired in fee simple interest and the properties where easements are to be acquired. 2. The City Attorney is authorized and directed on behalf of the City of Lake Elmo to acquire the above described real estate by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minnesota Statutes, Section 117.042. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. ADOPTED BY the City Council this 7th day of October, 1986. �- Arlyn ClYrist, Acting Mayor ATTEST: %2, Y, Za Robert Lee Overby City Administrator RESOLUTION 86- 46 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING BUDGET FOR 1987 AND LEVYING TAXES FOR 1987 WHEREAS, the City Council of the City of Lake Elmo has heretofore considered and has adopted a budget setting forth in detail complete financial plans of the City for the year 1987; and WHEREAS, the Finance Director at direction of the City Council has computed the amount of taxes necessary and within statutory limits which must be levied and collected during the year 1987 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 1987, and the sum of $388,182 is hereby levied in order to provide the City with the funds required by said budget and that the sum of $75,000, General Obligation Park Bond, and $18,672, Equipment Lease, also be levied for 1987 Bonded Indebtedness, and the sum of $61,200 infrastructure replacement reserve funds for Gravel, Patch and Overlay, and Sealcoat of City Streets. BE IT FURTHER RESOLVED, that the Finance Director is hereby directed to certify a copy of this resolution to the County Auditor in accordance with law. ADOPTED by the City Council of the.City of Lake Elmo this 7th day of October, 1986. Attest: f Signed: F4cans Q, 1Y-n�n David A. Morgan, ayor SOURCE OF FUNDS 1984 1985 1986 1987 ACTUAL ACTUAL BUDGET ADOPTED GENERAL FUND REAL ESTATE TAXES - LEVY LIMIT $329,749 $349,873 $360,328 $388,182 INTERGOVERNMENTAL REVENUES: STATE AIDS 155,190 168,938 164,572 167,997 LICENSES AND PERMITS 47,499 58,525 43,000 50,115 CITY CHARGES 18,837 14,065 12,100 13,600 FINES 14,985 18,852 16,000 15,000 INTEREST 46,039 58,576 46,000 31,000 MISCELLANEOUS 1,061 -0- 1,000 11106 REVENUE SHARING 22,310 24,383 20,000 -0- TOTAL GENERAL FUND AND REVENUE SHARING $635,670 $693,212 $663,000 $667,000 APPROPRIATIONS SUMMARY 1984 1985 1986 1987 ACTUAL ACTUAL BUDGET ADOPTED MAYOR AND COUNCIL $ 28,016 $ 32,348 $ 35,000 $ 37,600 ELECTIONS 5,143 -0- 3,000 -O- ADMINISTRATION AND FINANCE 107,999 114,958 121,800 108,550 PROFESSIONAL SERVICES 49,901 80,965 52',650 63,000 PLANNING AND ZONING 8,265 10,215 10,900 11,400 BUILDING INSPECTIONS 34,861 37,108 40,450 40,600 FIRE DEPARTMENT 61,554 80,877 70,050 81,600 POLICE DEPARTMENT 73,349 77,166 80,000 86,000 ANIMAL CONTROL 8,054 7,803 9,100 9,300 PUBLIC WORKS 149,510 184,389 191,200 180,250 PARKS 2g,669 32,o8g 46,150 45,800 SURFACE WATER MANAGEMENT 5,025 7,131 2,700 2,900 TOTAL $561,346 $665,049 $663,000 $667,000 RESOLUTION 86-47 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA Whereas, the County Board of the County of Washington, State of Minnesota, adopted a resolution altering the designation of County State Aid Highway No. 15 (C.S.A.H. 15) within the corporate limits of the City of Lake Elmo and West Lakeland Township as follows: The center line of County State Aid Highway Number 15 (October 6, 1986) to be located in Sections 19 and 30, Township 29 North, Range 20 West, Washington County, Minnesota is described as follows: Commencing at the southwest corner of the Northeast Quarter of the Southwest Quarter of said Section 30, thence North 0 degrees 50 minutes 16 seconds West along the west line of said Northeast Quarter of the Southwest Quarter 45.38 feet to the point of beginning of the center line to be described (bearings are based on the Washington County Project Coordinate System); thence North 48 degrees 23 minutes 30 seconds East 213.00 feet; thence northerly 2504.41 feet along a tangential curve concave to the west having a radius of 1909.86 feet and a central angle of 75 degrees 07 minutes 56 seconds; thence North 26 degrees 44 minutes 26 seconds West tangent to the last described curve 3542.31 feet; thence northerly 1298.82 feet along a tangential curve concave to the east having a radius of 2864.79 feet and a central angle of 25 degrees 58 minutes 35 seconds and said described line there terminating; thence South 89 degrees 14 minutes 09 seconds West along the prolongation of a radial line of said curve, 0.44 feet to a point on the west line of the Northwest Quarter of said Section 19 distant 319.21 feet north of the southwest corner of the Northwest Quarter of said Section 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that said alteration is accepted and approved by the City as provided by law pursuant to Minnesota Statutes Chapter 162. BE IT FURTHER RESOLVED, that after Washington County has rerouted, traffic to the altered, C.S.A.H. 15 and overlayed the portion of existing Manning Avenue between the connections, Lake Elmo will assume jurisdiction over that portion of Manning Avenue within its corporate limits not still designated as C.S.A.H. 15 by Washington County. Adopted this 2nd day of December, 1986 by the City Council of the City of Lake Elmo. David A. Morgan, Mayor Attest: __� Robert Lee Werby, City mYnistrator RESOLUTION 86-48 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA At a meeting of the City Council of the City of Lake Elmo, held on the 2nd day of December, 1986, the following Resolution was offered by Mazzara, seconded by Dunn, to wit: WHEREAS the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 118 renumbered as Trunk Highway No. 36 within the corporate limits of the City of Lake Elmo, at D.N.R. Trail (0.8 miles east of T.H. 694); and seeks the approval thereof, and WHEREAS said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 1 S.P. 8204-35 (36=118) at, D.N.R Trail (0.8 miles east of T.H. 694). NOW, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with the corporate limits be and hereby are approved. Upon the call of the roll the following Council Members voted in favor of the Resolution: Armstrong, Christ, Dunn, Mazzara. The following Council members voted against its adoption: None, whereupon the presiding officer declared the Resolution adopted. Dated this 2nd day of December, 1986. 0 (Wx'l ct , 0)" C"0 , David A. Morgan, Mayor o f-1-..4 STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I do hereby certify that at said meeting (of which due and legal notice was given) of the City Council of Lake Elmo, Minnesota on the 2nd day of December, 1986, at which a majority of the members of said Council were present, the foregoing resolution was adopted. Given under my hand and seal this 2nd day of December, 1986. ,� Robdrt Lee Ovetzby, City Ad nistrator RESOLUTION 86-49 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO NANCY PRINCE FOR HER CONTRIBUTION TO THE CITY OF LAKE ELMO FROM JANUARY, 1979 THROUGH JUNE, 1986. WHEREAS, we have had the pleasure of working with Nancy Prince during her service on the City Planning Commission; including her service as Planning Commission Chairperson; and WHEREAS, we have greatly appreciated her perception, her understanding of the community, the City ordinances, Comprehensive Plan, local needs and goals. 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 of the Planning Commission who had the opportunity to work with Nancy, hereby offer their sincere appreciation and thanks to Nancy Prince for her service and devotion to the City of Lake Elmo. ADOPTED this 16th day of December, 1986, by the City Council of the City of Lake Elmo. SIGNED: lga"� C-t v=O" David A. Morgan, Mayor NZ ATTEST: A Robert Lee verby City Administrator I RESOLUTION 86-52 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO JOHN SCHILTZ FOR HIS CONTRIBUTION TO THE CITY OF LAKE ELMO FROM FEBRUARY, 1983 THROUGH AUGUST, 1986. WHEREAS, we have had the pleasure of working with John Schiltz during his service on the City Planning Commission; and WHEREAS, we have greatly appreciated his perception, his understanding of the community, the City ordinances, Comprehensive Plan, local needs and goals. 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 of the Planning Commission who had the opportunity to work with John, hereby offer their sincere appreciation and thanks to John Schiltz for his service and devotion to the City of Lake Elmo. ADOPTED this 16th day of December, 1986, by the City Council of the City of Lake Elmo. SIGNED: David A. Morgan, Mayor ATTEST: j Robert Lee verby City Administrator RESOLUTION 86-53 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO ALLEN MARTENS FOR HIS CONTRIBUTION TO THE CITY OF LAKE ELMO FROM NOVEMBER, 1985 THROUGH JULY, 1986. WHEREAS, we have had the pleasure of working with Allen Martens during his service on the City Planning Commission; and WHEREAS, we have greatly appreciated his perception, his understanding of the community, the City ordinances, Comprehensive Plan, local needs and goals. 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 of the Planning Commission who had the opportunity to work with Allen, hereby offer their sincere appreciation and thanks to Allen Martens for his service and devotion to the City of Lake Elmo. ADOPTED this loth day of December, 1986, by the City Council of the City of Lake Elmo. SIGNED: David A. Morgan, Mayor ATTEST: ' Robert Lee Overby City Administrator RESOLUTION 86-54 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO RONALD SMITH FOR HIS CONTRIBUTION TO THE CITY OF LAKE ELMO FROM JANUARY, 1985 THROUGH JUNE 1986. WHEREAS, we have had the pleasure of working with Ron Smith during his service on the City Parks Commission.; and WHEREAS, we have greatly appreciated his perception and his understanding of the community, the City parks, and local park needs and goals. 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, of the Parks Commission who had the opportunity to work with Ron, hereby offer their sincere appreciation and thanks to Ron Smith for his service and devotion to the City of Lake Elmo. ADOPTED, this 16th day of December 1986, by the City Council of the City of Lake Elmo. SIGNED: k a. °-�-n "� "' David A. Morgan, mayor --- ATTEST: �9- I - Robert Lee Overby City Administrator "H;.0 dj I 'f -; �n,:� :-, 7-> •pry �r o � � .�c t•,,n,, ., r -:_ �>�It RESOLUTION 86-55 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO BARBARA HOLM FOR HER CONTRIBUTION TO THE CITY OF LAKE ELMO FROM 1984 THROUGH JUNE, 1986. WHEREAS, we have had the pleasure of working with Barbara Holm during her service on the City Parks Commission; and WHEREAS, we have greatly appreciated her perception and her understanding of the community, the City parks, and local park needs and goals. 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, of the Parks Commission who had the opportunity to work with Baarbara, hereby offer their sincere appreciation and thanks to Barbara Holm for her service and devotion to the City of Lake Elmo. ADOPTED, this 16th day of December 1986, by the City Council of the City of Lake Elmo. SIGNED: David A. Morgan, Mayor ATTEST: Robert Lee Overby City Administrator