Loading...
HomeMy WebLinkAbout1987 Resolutions1987 RESOLUTIONS 87-1'* 1-6-87 Offering appreciation and thanks to David Morgan for his many contributions to the City of Lake Elmo from 1972 through 1986 87-2 + 1-6-87 Offering appreciation and thanks to Bruce Dunn for his service to the City of Lake Elmo from 1983 through 1986. 87-'3 � 1-6-87 Offering appreciation and thanks to Michael Mazzara for his service to the City of Lake Elmo from 1983 through 1986. 87-•4)e 1-6-87 Granting a Conditional Use Permit to Charles Anderson for Animal Inn Training School in the Agricultural Zoning District from January 1, 1987 thru December 31, 1987. 87-5>/- 1-6-87 Granting a Conditional Use Permit to Donald Tauer for Animal Inn, a public dog kennel in the Agricultural Zoning District from January 1, 1987 thru December 31, 1987. 874',/- 1-6-87 Granting a Conditional. Use Permit to Ray Swanson - Oakwood Animal Hospital for Veterinary Clinic, Animal Hospital, Crematory and Dog Pound in the Agricultural Zoning District from January 1, 1987 thru December 31, 1987. 87-7'� 1-6-87 Granting a Conditional Use Permit to Geraldine Breheim - Breheim Kennels, for a Dog Kennel in the R-1 Zoning District from January 1, 1987 thru December 31, 1987. 87•-8 �f-- 1-6-87 Granting a Conditional use Permit to Richard and Eileen Bergmann, Country Sun Farm for Greenhouse and Sales Lot from January 1,1987 thru December 31, 1987. 87-9 1-6-87 Granting a Conditional Use Permit to Oakdale Gun Club for Outdoor Target Range in the Agricultural Zoning District from January 1 „ 1987 thru December.31, 1987. 87-•l.0>K 1-6-87 Granting a Conditional Use Permit to Helen Miller Fisher for a Private Dog I{ennel In the R-1 Zoning District from January 1, 1987 thru December 31, 1987. 87-11- 1-6-87 Granting a Conditional Use Permit to Ruben Lauseng Lauseng Stone, for Open Sales Lot in the Agricultural Zoning District from January 1, 1987 thru December 31, 1987. 87-12)� 1-6-87 Granting a Conditional Use Permit to Shafer Contracting Co., Inc., Box A. Shafer, Minnesota to Engage in Mining Operations from January 1, 1987 thru December 31, 1987. 87-13:� 1-6-87 Granting a Conditional Use Permit to Leonard Hanson Rockin L Sales - for Open Sales Lot in the Agricultural Zoning District from January 1, 1987 thru December 31, 1987. 87-14�( 1-6-87 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, 1987 thru December 31, 1987. 87-•15Y-- 1-6-87 Granting a Conditional Use Permit to Howard Spri.ngborn and Gaylen Springborn - Green Acres, Inc., for Commercial Recreation of a Rural Nature in the Ag Zoning District from January 1, 1987 thru December 31, 1987. 87-16k 1-6-87 Granting a Conditional Use Permit to Thomas G. Armstrong 8191 15th St., for Low Cost Storage Business in an Agricultural Zoning as Approved by the City Council on 12-16-86. 87-7.7K 1-20-87 Granting Final Plat Approval for Olson Lake Addition to Ken Sovereign at 4416 Olson Lake Trail. 87-18-\k1-20-87 Opposing the proposed landfill in the Lake Elmo Reserve. 87-19 A- 1-•20-87 Authorizing the City of Lake Elmo to enter into an agency agreement with the Minnesota Department of Transportation. 87-20 2-3-87 Authorizing an allotment of up to $2500 taken out of the Miscellaneous Funds to hire a geologist to write up a report for the Citizens Landfill Committee. 87-21* 2-3-87 Authorizing the renewal of the Hammes CUP for 1987 until June 1, 1987; subject to an inspection by the City Staff using the same format as 1986 but change the compliance dates. 87-22 2-17-87 VOID 87-23�- 2-17•-87 Granting a. Conditional Use Permit to Cimarron Park for a Public Golf Course in the R-3 zoning district from January 1, 1987 thru December 21, 1987. 87-24 2-17-87 Aprroving the Hazard Identification Beacon Agreement No. 6380M between Mn/DOT, ISD 834 and the City of Lake Elmo for two beacons and school speed limit signs. 87-25y< 2-17-87 Granting Final Plan Approval to the CSAH 15 (Manning Avenue) reconstruction project; subject to the Valley Branch Watershed District. 87-26 3-17-87 Denying the request for General Concept Plan Approval of the Erickson Diversified Interstate Freeway Service Center PUD 87-27 5-5-87 Granting Richard and Eileen Bergman a temporary Conditional Use Permit to allow operation of an asphalt plant by Anderson Brothers Construction 87-28 5-5-87 Granting Howard Gelb, 11490 Hudson Blvd., an Alternate Ag Use CUP 87-29 6-16-87 Granting a Simple Lot Subdivision to Jim Friedrich, 9345 31st St. N., Lake Elmo 87-30 6-22-87 Acknowledging, receipt of bids for Part D of the 201 Program and to award such bid to Lake Area Utility Contracting Inc, the lowest responsive bidder in the amount of $579,027.00; subject to concurrence by the TT CA 87-31 7-7-87 Prohibiting the transfer of real estate in Lane's DeMontreville Country Club without City approval. 87-32 7-7-87 Requesting that the Valley Branch Watershed District Board of Managers Consider. a Reouest by Property Owners on the Northwest Shore of Lake Elmo for Rescinding their 509 Project Assessments or to be Granted a Permit for Dredging, ORDINANCE 8004 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO The City Council of the City of Lake Elmo ordains: Section 1. Amendment. Section 301.070C of the 1971 Munnicipal Code of Lake Elmo adopted October 16, 1979. It is hereby ameded t change the zoning district map by rezoning the following described parcels from Industrial (I) to General Business (GB), to wit: Lots 1, 2, 3, and 4, Block 1, Cloverdale Section 2. Effective Date. This ordinance shall become effective upon its passage and publication. Adopted by the City Council of the City of Lake Elmo this 17th day of February, 1987. c Attest: Arlyn Christ, Mayor Mary Kueffner, Deputy Clerk RESOLUTION 87-1 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO DAVID MORGAN FOR HIS MANY CONTRIBUTIONS TO THE CITY OF LAKE ELMO FROM 1972 THROUGH 1986 WHEREAS, we have had the pleasure of working with David Morgan during his service as Mayor of Lake Elmo from January 1, 1985 through December 31, 1986; and WHEREAS, we have had the benefit of his service on the City Council for two terms, from 1977 through 1980 and 1981 through 1984; and WHEREAS, we have greatly appreciated his service as Chairman of the Parks Commission from 1972 through 1984; and WHEREAS, we look forward to working with Dave in his new role as the Lake Elmo representative on the Washington County Landfill Site Selection Authority. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: Each and every member, past and present, of the City Council and of the Parks Commission who had the opportunity to work with Dave, hereby offer their sincere appreciation and thanks to David Morgan for his service and devotion to the City of Lake Elmo. ADOPTED this 6th day of January, 1987, by the City Council of the City of Lake Elmo. SIGNED: C- Arlyn Ch-ist, Mayor ATTEST: Robert Lee Over y City Administrator RESOLUTION 87-2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO BRUCE DUNN FOR HIS SERVICE TO THE CITY OF LAKE ELMO FROM 1983 THROUGH 1986. WHEREAS, we have had the pleasure of working with Bruce Dunn during his service as City Councillor from January 1, 1983 through December 31, 19$6; and WHEREAS, we have had the benefit of his service on the Solid Waste Advisory Committee of Washington County; and WHEREAS, we have had the benefit of his service on the Building Committee for the new City Hall, as well as countless hours of labor that were contributed; 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 hereby offers its sincere appreciation and thanks to Bruce Dunn for his service and devotion to the City of Lake Elmo. ADOPTED this 6th day of January, 1987, by the City Council of the City of Lake Elmo. SIGNED: Arlyn C rist, Mayor ATTEST: 16 &19 Robert Lee Overby City Administrator y . ,,. ,; , , ;, � �_ ,, �, �, .: RESOLUTION 87-3 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO MICHAEL MAllARA FOR HIS SERVICE TO THE CITY OF LAKE ELMO FROM 1983 THROUGH 1986. WHEREAS, we have had the pleasure of working with Michael Mazzara during his service as City Councillor from January 1, 1983 through December 31, 1986; and WHEREAS, we have had the benefit of his service on the Planning Commission from April, 1981 through December, 1982; 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 hereby offers its sincere appreciation and thanks to Michael Mazzara for his service and devotion to the City of Lake Elmo. ADOPTED this 6th day of January, 1987, by the City Council of the City of Lake Elmo. SIGNED:J'L/�' &6� Arlyn C rist, Mayor ATTEST: L&A & 19" Robert Lee Overby City Administrator RESOLUTION 87-4 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CHARLES ANDERSON FOR ANIMAL INN TRAINING SCHOOL IN THE AGRICULTURAL ZONING DISTRICT FROM JANUARY 1, 1987 THRU DECEMBER 31, 1987 WHEREAS, Charles Anderson has applied for a Conditional Use Permit for a training school on the property described on attached exhibit I located at 8633 34th Street in the City of Lake Elmo from January 1, 1987 thru December 31, 1987; 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 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 an animal training school at 8633 34th Street North is hereby granted to Charles Anderson from January 1, 1987 thru December 31, 1987, subject to the following conditions: 1. The Owner shall maintain a Perpetual Trust Fund for care of the pet cemetery. 2. The owners may operate an Obedience Training School at this location. 3. The owners shall maintain parking facilities for 100 cars. 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 6th day of January 1987, by the City Council of the City of Lake Elmo, Washington County, %Minnesota. Signed Arlyn. hrist, Mayor Attest: Robert Lee Overby, C -Administrator `( PARCEL 2 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 line being parallel to and 100 feet from the center line of the East bound lane as being used; thence East along said right of way line 590 feet to the point of beginning of the parcel to be described; thence continuing on 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 = 1 degree 00 minutes, T = 69.37, L = 1376.11, 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 -described parcel extended Westerly. Exhibit 1 i DRAFTED BY THE ,CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ;) I hereby certify that Resolution 37-4 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 Elmo, Washington County on the 6th day of January , 1937 . Mary Kueffner Deputy Clerk RESOLUTION .87-5 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA 63aqu � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO DONALD TAUER FOR ANIMAL INN, A PUBLIC DOG KENNEL IN THE AGRICULTURAL ZONING DISTRICT FROM JANUARY 1, 1987 THRU DECEMBER 31, 1987 WHEREAS, Donald Tauer has applied for a Conditional Use Permit for a public dog kennel on the property described on attached exhibit I located at 8633 31Ith Street in the City of Lake Elmo from January 1, 1987 thru December 31, 1987; 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 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 at 8633 34th Street North is hereby granted to Donald Tauer from January 1, 1987 thru December 31, 1987, 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 shall maintain 100 cars. a Perpetual Trust Fund for 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 _6th day of January, 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed �� el?"� Arlyn C ist, Mayor Attest: &- Robert Lee Overby, City_ Administrator PARCEL 1 That part of the West Half of the Southeast Quarter, Section 169 Township a9 2.& North, Range 21 West, described as follows: Commencing at the inter- section of the West line of said Southeast Quarter, with the Northerly right of way line of the Chicago, Northwestern Railroad (formerly Chicago, St. Paul, Minneapolis, and Omaha), said right of way being parallel to and 58 feet Northerly from the center line of remaining track as now opera- ted; thence North 87 degrees 09 minutes East along said right of way line 350 feet to the point of beginning of the parcel to be described; thence continuing on same bearing 370.78 feet to a point; thence North 2 degrees 51 minutes West, 100 feet to a point; thence North 0 degrees 20 minutes 15 seconds East, 386.25 feet to a point; thence West 370.23 feet to a point; thence South 0 degrees 20 minutes 15 seconds West, 504.84 feet to the point of beginning and containing 4.2 acres, more or less. Together with a perpetual easement for roadway purposes across a strip of land 80 feet wide and 350 feet long, described as follows: The East 80 feet of the West 590 feet of that part of the Southeast Quarter, Section 16, Township 29 North, Range 21 West, lying between the Northerly line of the above description and the Southerly right of way line of State Trunk Highway No. 212 as now constructed, which easement is an appurtenant ease- ment to the herein described property. Except the following: That part of the West Half of the Southeast Quarter, Section 16, Township 29, Range 21, described as follows: Commencing at the Intersection of the West line of said Southeast Quarter with the Northerly right of way line of the Chicago Northwestern Railroad (formerly Chicago, St. Paul, Minneapolis, and Omaha), said right of way line being parallel to and 58 feet Northerly from the center line of remaining track as now operated; thence North 0 degrees 21 minutes 30 seconds East along the Westerly line of said Southeast Quarter, 272.15 feet to a point of beginning of the parcel to be described; thence continuing on same bearing 250 feet to a point; said point being 350 feet Southerly from the Southerly right of way line of State Trunk Highway No. 212; thence East 450 feet to a point; thence Sou" 0 degrees 21 minutes 30 seconds West 250 feet to a point; thence West 450 feet to the point of beginning and containing 2.58 acres more or less. Subject to an easement for roadway purposes across the Northerly 35 feet of the above -described parcel, together with a perpetual easement for roadway purposes across the following -described land; Commencing at the Northeast corner of the above described tract; thence East 60 feet to a point; thence North 0 degrees 21 minutes 30 seconds East 35O feet to a point in the Southerly right of way line of said Highway No. 212; thence East alone said richt of way line 80 feet to a point; thence South 0 degrees 21 minutes 30 seconds 'nest 385 feet to a point; thence West 140 feet to a point in the Easterly line of above -described parcel thence ."North 0 de^rees 21 minutes 30 seconds East, 35 feet to the point o` beeinnin.,, which easement is an appurtenant easement to the herein described land. i Exhibit 1 (page 1) 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 West line of said Southeast Quarter, with the Northerly right of way line of the Chicago Northwestern Railroad (formerly Chicago, St. Paul, Minneapolis, and Omaha), said right of way line being parallel to and 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 O 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. PARCEL 4 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, thence North 90 degrees 00 minutes East along said right of way line 510 feet to the point of beginning of the parcel to be described; thence continuing North 90 degrees 00 minutes East along said Southerly right of way for 80 feet to a point; thence South 0 degrees 21 minutes 30 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 16 with the Northerly right of way line of the Chicago Northwestern Railroad (formerly Chicago, St. Paul, Minneapolis, and Omaha Railway), said Northerly right of way line being parallel to and 158 feet North- erly from the center line of the remaining track as now operated; thence on an sumed 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 599.61 feet to its intersection with said East line of the West Half of Southeast Quarter, thence South 0 degrees 20 minutes 15 seconds West along said East line of the West Half of Southeast Quarter for 327.06 feet to the point of beginning, containing 4.9 acres more or less. E.,Hibit 1 (page 2) DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ;) I hereby certify that Resolution 37-5 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 on the 6th day of January 1937 Mary Kueffner Deputy Clerk RESOLUTION 87-6���/' 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 AGRICULTURAL ZONING DISTRICT FROM JANUARY 1, 1987 THRU DECEMBER 31, 1987 WHEREAS, Dr. Raymond Swanson has applied for a Conditional Use Permit for Veterinary Clinic, Animal Hospital, Crematory and Dog Pound on 2.5 acres described as follows: Pt. of the W 1/2 of the SE 1/4 of Section 16, T29, R21 com at intersec of W line sd 1/4 with N'LY R/W line C NW RR sd R/W line being par to & 58 ft N'LY from cen line of remaining track as operated then N 0 deg, 21' 30" E along W'LY line sd SE 1/4 272.15 ft to pt of beg this desc. Then contiii4k on same bear. 250 ft to pt sd pt being 350 ft S'LY from S'LY R/W line State HWY 212 then E 450 ft to pt then S 0 deg. 21' 30" W 250 ft to pt then W 450 ft to pt beg. easements. (commonly known as 8611 34th Street North in the City of Lake Elmo) from January 1, 1987 through December 31, 1987; 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 Dr. Raymond Swanson from January 1, 1987 through December 31, 1987, subject to the following conditions: 1. The owner may sell pet supplies, drugs and kennel supplies as an accessory to this use. This Conditional week notice and a finds that public jeopardized. Use Permit may be rescinded, after a 2 public hearing, if the City Council health, safety, or welfare is ADOPTED, this 6th day of January 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed Arlyn thrist, Mayor Attest: Robert Lee Overby, City,ministrator j i DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ;) I hereby certify that Resolution 87-6 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 on the 6th day of January , 1987 Mary Kueffner Deputy Clerk j RESOLUTION 87-7 CITY OF LAKE ELMO WA.SHINGTON 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 1, 1987 THR.0 DECEMBER 31, 1987 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, 1.987 thru December 31., 1987; 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 theconditions 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 6th day of January 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed ArlyrP Christ, Mayor Attest: Robert Lee Overby, City Administrator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 37-7 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 County on the 6th day of January , 1987 Mary Kueffner Deputy Clerk 0 l!1��q(a RESOLUTION 87-8 5J CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO RICHARD AND EILEEN BERGMANN, COUNTRY SUN FARM FOR GREENHOUSE AND SALES LOT FROM JANUARY 1, 1987 THRU DECEMBER 31, 1987 WHEREAS, Richard and Eileen Bergmann have 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/II 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, 1987 through December 31, 1987; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D. l.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 applicants meet or exceed 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 and Eileen Bergmann from January 1, 1987 through December 31, 1987. 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 6th day of January, 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed �J� Arlyn brist/, Mayor Attest: -/ Robert Lee Overby, Ci tp dministrator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON } CITY OF LAKE ELMO ;) I hereby certify that Resolution 87-3 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 6th day of January , 1937 . Mary Kueffner Deputy Clerk RESOLUTION 87-9 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, 1987 THRU DECEMBER 31, 1987. 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 10th Street in the City of Lake Elmo from January 1, 1987 through December 31, 1987; 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, 1987 through December 31, 1987, subject to the following conditions: 1. Fencing aAdditional 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 1988 permit application. 3. Weapons on the shotgun range shall be limited to fine shot (#6 shot) on the shotgun range. Conditional Use Permit R 87-9 Oakdale Gun Club Page 2 4. There will be no expansion at the present location without an abatement to this permit. i 5. The names of lead range officers and a schedule of events with the officer in charge shall be provided to the Washington County Sheriff. 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 6th day of January 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed. y r C'4"• )/ Arlyn Christ, Mayor Attest: ad e�2 � G Rob6rt Lee Overby, City Ad -nistra or DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO I hereby certify that Resolution 87-9 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 on the 6th day of JanuarT , 1-987 . Mary Kueffner Deputy Clerk [us RESOLUTION 87-10 5�� 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, 1987 THRU DECEMBER 31, 1987 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, 1987 through December 31, 1987; 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, 1987 through December 31, 1987, subject to the following conditions: 1. No dogs may be boarded. 2. This use is not transferable 3. No open burning is allowed on this property per State Statute. 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 6th day of January, 1.987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed.: Lx`� �" CP� Arlyn UlTrist, Mayor Attest: Robert Lee Overby, City/Administrator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 87-10 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 Elmo, Washington County on the 6th day of January , 1987 Mary Kueffner Deputy Clerk c RESOLUTION 87-11 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA 53a�5� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO RUBEN LAUSENG - LAUSENG STONE, FOR OPEN SALES LOT IN THE AGRICULTURAL ZONING DISTRICT FROM JANUARY 1, 1987 THRU DECEMBER 31, 1987 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, 1987 through December 31, 1987; 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, 1987 through December 31, 1987, 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 site. 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. Conditional Use Permit R87-•11 Lauseng Stone Page 2 ADOPTED, this 6th day of December 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed Arlyn U101st, Mayor Attest: Lee Robert Lee Overby, City 711in trator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO �) I hereby certify that Resolution 87-11 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 on the 6th day of Januan, , 1987 •, Mary Kueffner Deputy Clerk RESOLUTION 87-12 g 3� CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO SHAFER CONTRACTING CO., INC., BOX A, SHAFER, MINNESOTA TO ENGAGE IN MINING OPERATIONS FROM JANUARY 1, 1987 THROUGH DECEMBER 31, 1987 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/II) 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, 1987 thru December 31, 1987 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 1987 season which terminates December 31, 1987. 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. Conditional Use Permit Shafer Contracting R87-12 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 6th day of January, 1987 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: �- rChrist, Mayor Attest: i DRAFTED BY THE CITY OF LAKE ELMO :CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON } CITY OF LAKE ELMO ;) I hereby certify that Resolution 87-12 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 on the 6th day of January , 1987 . Mary Kueffner Deputy Clerk RESOLUTION 87-13 U 1 CITY OF LAKE ELMO J WASHINGTON COUNTY, MINNESOTA 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, 1987 THRU DECEMBER 31, 1987 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 1/4 of Section 35, T29N, R21W, lying N of the Northerly right-of-way of MN Highway 1.2, at 108211 Hudson Boulevard in the City of Lake Elmo from January 1, 1987 through December 31, 1987 and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D.I.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, 1987 through December 31, 1.987, 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 6th day of January, 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed 2, tis ,, Arlyn C ist, Mayor— Attest: — Robert Lee 0 er y, City dministrator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 87-13 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 6th day of January f 1987 Mary Kueffner Deputy Clerk RESOLUTION 87-14 1(,0 CITY OF' LAKE ELMO j WASHINGTON COUNTY, MINNESOTA J �� 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, 1987 THRU DECEMBER 31, 1987 WHEREAS, R.J. O'Neil has applied for a Conditional Use Permit for a drive-in theatre on the SW1/II, SW1/4 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, 1987 through December 31, 1987 ; 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, 1987 through December 31, 1987, 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 6th day of January 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed cg . Arlyn CVrist, Mayor Attest: Robert Lee Overby, Cit Administrator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ;) I hereby certify that Resolution 87-14 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, Washington County on the 6th day of January 2 1987 Mary Kueffner Deputy Clerk RESOLUTION 87-15 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, 1987 THRU DECEMBER 31, 1987 WHEREAS, Howard and Gaylen Springborn have applied for a Conditional Use Permit for Commercial Recreation of a Rural Nature from January 1, 1987 through December 31, 1987; and has submitted all required information and fees for the application for such permit on the parcel of land described as follows: 80 A of the S1/2 - NE 1/4 Section 4, T29, R21, except part of S1/2 - NE1/4 of Section 4, T29, R21 com at NE cor of SD S1/2 of the NE1/4 thence S88 deg.25'35" W bearing oriented to Washington Co. Coordinate System S zone along N line of sd S1/2 of NE1/4 Dist of 639.35 ft to pt of beg. thence S 23 deg. 33' 24" W 524.06 ft to C/L of. 55th St. as Desc in Doc. 387380 as rec. in office of County Recorder thence N66 deg 36' 36" W along sd C/L dist of 153.14 ft thence NWLY along sd c/1 & tang curve concave to NE having radius of 500 ft and ctr ang of 44 deg 56' 21" dist of 392.17 ft thence N 21 deg 40' 15" W along tang. & along sd c/1 dist of 50 ft thence NWLY along sd c/l & tang curve concave to SW having radius of 300 ft and ctr ang of 17 deg. 50' 56" dist of 93.46 ft to pt on N line of sd S1/2-NE1/4 thence N 88 deg 25' 35" E along sd N Line dist of 4.62 ft to NW corner of SE1/4-NE1/4 of sd Sec 4 thence cont N 88 deg 25' 35" E along sd N line dist of 677.64 ft to pt f beg cont 4.52A m/1 subj to 30 ft wide permanent rd ease adj the SWLY & WLY lines of sd tract as desc in Doc 387380. WHEREAS, Section 301.070 D.1.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 applicants meet or exceed 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, 1987 through December 31, 1987, 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. r 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 whall 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 6th day of January 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SignedC Arlyn q rist, Mayor Attest: IPA, -iJ Robert Lee Overby, City Ad nistrator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO �) I hereby certify that Resolution 87-15 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 on the 6th day of January , 1987 Mary Kueffner Deputy Clerk RESOLUTION 87-16 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO THOMAS G. ARMSTRONG TO ALLOW THE ALTERNATIVE AGRICULTURAL USE OF CERTAIN BUILDINGS ON PREMISES USED FOR STORAGE IN THE AGRICULTURAL ZONING DISTRICT WHEREAS, Thomas G. Armstrong has applied for a Conditional Use Permit under the Alternate Uses Section of the Agricultural zoning district to allow the operation of existing storage business (indoor and outdoor), and to allow for the future construction of two additional agricultural style buildings for storage use in areas designated in the site plan submitted to the City; and WHEREAS, the proposed Conditional Use Permit was requested to apply to the entire 254.6 acres (less road right of ways) of agricultural real estate currently owned in the City of Lake Elmo by Thomas G. Armstrong as contiguous real estate, described as follows: The Northwest Quarter of Section 28, Township 29 North, Range 21 West, Washington County, State of Minnesota, containing 160 acres, more or less. The East Half of the Southwest Quarter of Section 26, Township 29 North, Range 21 West, Washington County, containing 80 acres, more or less. The Northwest Quarter of the Southwest Quarter of Section 28, Township 29 North, Range 2.1 West except the westerly 780 feet thereof and except the following described parcel, to -wit: Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter, thence east along the north line of said parcel for 780.0 feet to the point of beginning of this description; thence continuing east along said north line of the Northwest Quarter of the Southwest Quarter for 160.0 feet; thence south at right angles for 360.0 feet; thence west at right angles for 160.0 feet; thence north at right angles for 360.00 feet to the point of beginning, said parcel containing 14.6 acres, more or less. WHEREAS, Section 301.070 D.1.b.(6) of the City of Lake Elmo Municipal Zoning Code permits up to six acres on this contiguous site to be set aside for alternative agricultural use under the provisions of that section; and WHEREAS, an existing use of that site, consisting, in particular, of three buildings with some additional outside usage, involves the rental of space for storage purposes; and WHEREAS, the aforesaid Zoning Code would permit on the premises storage of up to one vehicle for each 2-1/2 acres, or up to 100 vehicles, would be permitted for outside storage; and Resolution 87-16 Page 2 WHEREAS, it appears that this particular applicant has met the requirements of Section 301.070 D.l.b.(6) and that the proposed use is in conformity with that provision, as well as the City's other ordinances and Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT a Conditional Use Permit for an alternative agricultural use as allowed by Section 301.070 D.1.b.(6) is hereby granted to Thomas G. Armstrong for the purpose of utilizing those premises for the operation of his existing storage business subject to such other restrictions and additions as may be hereinafter specified; and THAT the Conditional Use Permit granted herein is valid from January 1, 1987, through December 31, 1987, subject to the following conditions: 1. That the Conditional Use Permit shall apply to the entire 254.6 acres of agricultural real estate owned by Thomas G. Armstrong (hereinafter referred to as "Landowner") within the boundaries of the City of Lake Elmo, which land shall be deemed a single contiguous parcel for the purposes of enforcing this Conditional Use Permit and the related provisions of the Lake Elmo City Code. 2. The area for the use specified in this Conditional Use Permit shall not exceed six acres and the site shall be within the general limits of the site plan submitted to the City Council and staff by the Landowner. 3. The allowed use within the aforesaid site shall be the storage of cars, trucks, boats, trailers, recreational vehicles, and other vehicles and goods inside agricultural style buildings on the site. Any outside storage of cars, trucks, boats, trailers, recreational vehicles and other vehicles in the area designated on the site plan shall not exceed 100, said number being computed as one vehicle or 150 square feet of occupied space per 2.5 acres of the total parcel. 4. The Landowner will not be permitted to construct more than two additional buildings not to exceed 15,000 square feet each for storage use in the areas designated in the site plan. 5. The Landowner shall maintain his remaining land or farm his remaining land in accordance with the required practices of the Soil and Water Conservation District. 6. The Landowner shall comply with the proposed and existing landscape plan attached and submitted to the City Council at its meeting of December 16, 1986. In particular, the landowner agrees to make every reasonable effort to provide natural vegetation equivalent to five feet in height by June 1, 1992, and the equivalent of eight feet in height by June 1, 1995. The planting of such natural Resolution 87-16 Page 3 vegetation shall consist of existing pine and spruce plantations and proposed pine and spruce plantations submitted as part of this proposal. It is understood that some of these trees may be harvested for Christmas tree sales, but at least six rows of trees shall remain and be allowed to grow to maturity. The lilac hedges on the site shall be maintained so as to provide screening for any outside storage areas. 7. There shall be no signs and no paved parking areas on the site. All the outside storage areas, driveways, and building aprons shall be of grass or of lime rock. 8. The water runoff from any existing agricultural buildings or proposed agricultural style buildings shall meet the one percent rule as to rate and volume. Requirements shall be met to the satisfaction of the City Engineer by October 1, 1987. 9. Except for outside storage, which may be partially visible from public roadways until said landscape plan reaches maturity, all buildings and farm areas will be maintained so as to give a rural farm appearance. 10. The Landowner shall reside on the contiguous real estate and be the owner and operator of any business related to this use. 11. No use allowed under this Conditional Use Permit shall cause pollution nor shall any hazardous materials be stored on the site. 12. It is expressly understood by the Landowner that any hazard to the health or welfare of the City could and would be grounds for immediate revocation of this permit. Adopted by the City Council of the City of Lake Elmo this 6th day of January, 1987. Arlyn Ch st, Mayor Attest: Robert Lee Overby, City Admin'strator RESOLUTION 87-17 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR OLSON LAKE ADDITION WHEREAS, the City Council of the City of Lake Elmo has priviously considered and approved the preliminary plat of Olson Lake Addition; 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 January 12, 1987 meeting and recommended to the City Council denial of the said final plat, based on the fact that Lot 1 is substandard in size, that Lot 2 does not have the required 150 foot lake frontage, and that the plat does not conform with the Comprehensive Plan; and WHEREAS, the Lake Elmo City Council found that there were two substantial hardships, location of the house on Lot 2 and the alternate drainfield on the other non -platted lot, which would prohibit the City from altering either of the variances required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby accept the final plat of Olson Lake Addition as it is on file with the City Clerk subject to the following conditions: 1. 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 20th day of January, 1987. Signed: AAArlyn" Christ, Mayor DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 87-17 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 20th day of January , 1987 . `a%2Kj iG, fi? r r� Mary Kueffner Deputy Clerk RESOLUTION 87-18 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION EXPRESSING OPPOSITON TO THE SITING OF A NEW LANDFILL FACILITY IN THE CITY OF LAKE ELMO WHEREAS, the City of Lake Elmo and its residents are currently suffering the effects of one leaking landfill operated by Washington and Ramsey Counties; and WHEREAS, Washington and Ramsey Counties have applied only the minimally acceptable remedial measures to alleviate the suffering of Lake Elmo residents whose wells have been contaminated by the leaking landfill, resulting in continuing suffering by those residents and the City in general; and WHEREAS, there is no known technology which can absolutely guarantee that a sanitary landfill will not leak toxic materials into the environment; and WHEREAS, the City of Lake Elmo has had over 2000 acres of productive land taken for a Regional Park Reserve; and WHEREAS, many Lake Elmo residents were forced from their homes for the purchase of land for this Park Reserve; and WHEREAS, these same residents were promised that their land would be used only for park purposes; and WHEREAS, in spite of repeated pleas from the City and from residents of Lake Elmo, Washington County has proposed that a new landfill. be located in the City of Lake Elmo and in the Lake Elmo Regional Park Reserve; and WHEREAS, the site for this proposed landfill is very close to Eagle Point Lake, which is part of the Main Stem drainage of the Valley Branch Watershed District; and WHEREAS, contamination of Eagle Point Lake by the proposed landfill would lead to contamination of many bodies of water, including the St. Croix River; and WHEREAS, the siting of a landfill should not be in a City already suffering from another leaking landfill, should not be in a Regional Park Reserve, and should not be near a major watershed drainage system; WHEREAS, no other community in Minnesota has more than one mandated landfill; and NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does hereby petition the Minnesota State legislature to pass legislation forbiding the siting of a landfill in the City of Lake Elmo. Adopted this 20th day of January, 1987 by the City Council of the City of Lake Elmo. Signed: Arlyn r st, Mayor aLYLAttest: A�exll Robert Lee Overby, C t Admin strator � - DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 87-18 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 20th day of January , 1987 . Mary Kueffner Deputy Clerk RESOLUTION 87-19 CITY OF LAKE ELMO Revised 11/1986 WASHINGTON COUNTY, MINNESOTA Office of State Aid MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT ThisAgreement made and entered into by and between the City of Lake, Elmo herein after referred to as the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter referred to as the "Commissioner", WITNESSETH: WHEREAS, pursuant to M.S. 161.36 the City of L i ke Elo2e) desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys: and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and condition of the agency be set forth in an agreement: NOW, THEN, IT IS AGREED: - 1 - That pursuant to M.S. 161.36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and receive all federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of local roads and bridges. Each contract will be in accordance with plans and special provisions for said projects on file in the Department of Transportation, State Transportation Building, St. Paul, Minnesota Page No. 1 55155, and the latest edition of "Standard Specifications for Highway Construction"'and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by reference as though fully set forth herein. In the letting of said contract, it is hereby agreed that the following procedures shall be followed, to -wit: (a) The Commissioner shall cause the advertisements calling for bids on said -work to be published in the Construction Bulletin. He shall also cause advertisements for bids to be published in the officially designated newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Purchasing Agent on behalf of the Commissioner as agent of said City. Proposals, plans and specifications shall be available for the inspection of prospective bidders at the Department of Transportation, St. Paul, Minnesota 55155, and at the office of said City Purchasing Agent and the advertisement shall so state. The bids received in response to said advertisements for bids shall be opened for and on behalf of the Commissioner by a District Director of the Department of Transportation or such other engineer of the Department of Transportation as may be from time to time selected by the Commissioner. After said bids shall have been opened, the City Council shall first consider the same and thereupon transmit to the Commissioner all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected. Upon receipt of Page No. 2 all said bids, the Commissioner shall duly cause all of said bids to be tabulated and shall thereupon determine who is the lowest responsible bidder and shall award the contract to the lowest responsible bidder or shall reject all bids. (b) The Commissioner shall supervise and have charge of the construction of said projects after the same has been let. The City agrees to furnish its City Engineer or other registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid Projects. Said engineer so assigned shall act under the supervision and direction of the Commissioner. The City.further agrees to furnish such other personnel, services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work. l (c) The Commissioner may make changes in the plans or the character of the work as shall be recommended by the engineer in charge of the work. If he concurs in such recommendations, the Commissioner may enter into, for and on behalf of the City, supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. It is understood by the City that the Commissioner cannot personally investigate and pass judgment on the various items of extra work and plan changc,'s necessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supervision and control that Page No. 3 are employed by the Minnesota Department of Transportation. The City does hereby authorize these engineers, so delegated by the Commissioner, to enter into, for and on behalf of the City, the supplemental agreements specified in the preceding paragraph hereof. (d) The City hereby authorizes its City Engineer, for and on behalf of the City, from time to time, during the progress of the work on said projects, to request the Commissioner to furnish for use on said projects specific engineering services to be performed by skilled employees of the Minnesota Department of Transportation. The Commissioner may but is not obligated to furnish the services so requested. If the Commissioner in compliance with such request shall furnish for the use of the City on said project the services of any Minnesota Department of Transportation employee, then and in that event, the City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services. (e) The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as federal aid funds, for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, to pay from said funds the final estimate to said contractor for said work. Page No. 4 (f) The Commissioner shall perform on behalf of the City all other acts and things necessary to cause said projects to be completed in a satisfactory manner. (g) The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be paid the federal aid funds available for said projects and to that end to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any rule and regulation issued by federal authority pertaining thereto necessary for the purpose of procuring and having paid the federal aid available for said projects. (h) It is the policy of the United States Department of Transportation and the Minnesota Department of Transportation that Disadvantaged Business Enterprises and Women Business Enterprises as defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the requirements of 49 CFR, Part 23, apply to this agreement. In this regard, the Commissioner and the City shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that Disadvantaged Business Enterprises and Women Enterprises have the maximum opportunity to compete for and perform on contracts and subcontracts. The Commissioner and the City shall not discriminate on the basis of race, color, national origin, or sex Page No. 5 in the award and performance of federally funded contracts. (, Failure to carry out the above requirements shall constitute a ` breach of this agreement and may result in termination..of the agreement or other such remedy that the Commissioner deems appropriate. (i) The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper federal authority in order to cause said projects to be completed and to obtain and receive the federal aid made available therefor. - 2 - The City agrees that it will from time to time, after the execution of this agreement, make such reports, keep such records and perform such work in such manner and time as the Commissioner shall from time to time request and direct so as to enable the Commissioner as its agent to collect for it the federal aid sought. Said records and reports shall be retained by the City in accordance with the Commissioner's record retention schedule for federal aid projects. - 3 - It is anticipated that the United States will pay to the Commissioner as the agent of the City, the federal aid funds available to said City toward the construction of said projects. It is further anticipated that the contracts to be let by the Commissioner as the agent of the City, for the construction of. Page No. 6 said projects shall provide that the contractor, as the work progresses, shall, from time to time, be paid partial payments designated in said contract as partial estimates and on the completion and acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and/or Municipal State Aid funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with Minnesota Rules.Chapter 3820.1500 Subp. 3. At regular monthly intervals after contractors shall have started work under contracts let by the Commissioner as agent for the City for the construction of said projects, the engineer assigned to and in charge of said work shall prepare partial estimates in accordance with the terms of said contracts let for said projects and the procedures established by the Office of Contract Administration and Maintenance, Minnesota Department of Transportation. The said engineer in charge of said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner in duplicate. Each such partial estimate, shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall also prepare and submit to the Commissioner the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final Page No. 7 estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. After the approved final estimate has been submitted to the Commissioner, the City will pay to the Commissioner any additional amount which together with the federal funds received for that project will be sufficient to pay all the contract costs of the project - 4 - When the contractor shall have completed the work on said projects, the City agrees to inspect the same and forthwith upon the completion of said inspection advise the Commissioner whether or not the work performed should be, by the Commissioner as its agent, accepted as being performed in a satisfactory manner. In the event the City should, after said inspection, recommend to the Commissioner that he should not accept said work, then the City shall at the time such recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted. It is further agreed that any recommendations made by the City are not binding on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract. - 5 - It is further agreed that the decision of the Commissioner on the several matters herein set forth shall be final, binding and conclusive on the parties hereto. Page No. 8 - 6 - It is anticipated that the entire cost of said projects is to be paid from funds made available by the United States, by way of federal aid, and by the City. If for any reason the United States fails to pay any part of the cost or expense of said projects, then and in that event the City agrees to pay the same. The City further agrees to pay any and all lawful claims or demands of any kind or nature whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United States does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmless from said claims and from any claims arising out of this agreement and to pay any and all expenses and costs connected with said projects or the construction thereof 1 which the United States does not pay. - 7 - The City further agrees that: 1) All right-of-way acquisition and relocation will be conducted in accordance with 49 CFR Part 25. Procedures implementing their regulation are contained in Mn/DOT State Aid Manual, Chapter 5-892.310. (Additional guidance may be obtained by referring to the FHWA's Real Estate Acquisition Guide for Local Public Agencies). 2) If the City receives total direct and indirect federal assistance of: Page No. 9 A. $100,000 or more per year, the City agrees to obtain.a financial and compliance audit made in accordance with the Single Audit Act of 1984 (P.L. 98-502) and Office of Management and Budget (OMB) Circular A-128. The law and circular provide that the audit shall cover the entire operations of the City government or, at the option of the City government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. However, if the City government receives $25,000 or.more in General Revenue Sharing Funds in a fiscal year, it shall have an audit of its entire operations. B. Between $25,000 and $100,000 per year, the City agrees to obtain either: 1. a financial and compliance audit made in accordance with the Single Audit Act of 1984 and OMB Circular A-128, or 2. a financial and compliance audit of all federal funds. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations and the audit must be made in accordance with any federal laws and regulations governing the federal programs the subrecipient participates in. Audits shall be made annually unless the state or local government has, by January 1,1987 a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits,. Page No. 10 covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-128 (or A-110 as applicable). ( The audit report shall include: A. The auditor's report on financial statements and on a schedule of federal assistance; the financial statements; and a schedule of federal assistance, showing the total expenditures for each federal assistance program as identified in the Catalog of Federal Domestic Assistance. Federal programs or grants that have not been assigned a catalog number shall be identified under the caption "other federal assistance". B. The auditor's report on the study and evaluation of internal control systems must identify the organization's significant internal accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in compliance with laws and Page No. 11 regulations. It must also identify the controls that were �- evaluated, the controls that were not evaluated, and the material weaknesses identified as a result of the evaluation. C. The auditor's report on compliance containing: 1. a statement of positive assurance with respect to those items tested for compliance, including compliance with law and regulations pertaining to financial reports and claims for advances and reimbursements; tested; noncompliance; 2. negative assurance on those items not 3. a summary of all instances of 4. an identification of total amounts questioned, if any, for each federal assistance awarded, as a result of noncompliance; and 5. a statement on the status of corrective action taken on prior findings. 6. refer to the use of the standards required by the Minnesota Legal Compliance Audit Guide for Local Governments, prepared by the Office of the State Auditor. The purpose of this guide is to establish compliance guidelines for verification by auditors auditing political subdivisions of the state. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned Page No. 12 and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. The City agrees that the grantor, the Legislative Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-128. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and state agencies providing federal assistance, within six months of the City's fiscal year end. If a federal cognizant audit agency has been assigned for the City, copies of required audit reports will be filed with that agency also. Recipients of more than $100,000 in federal assistance must also submit one copy of the audit report within 30 days after issuance to the central clearinghouse. Audit reports should be sent to: Bureau of Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse Page No. 13 CITY OF �L'4H-, BY `j�/ziLa�/ Mayo RECOMMENDED FOR APPROVAL Director, Office of State Aid Attest: /� ��( Date _. City Clerk Date APPROVED AS TO FORM AND EXECUTION: DATE (Seal) Page No. 15 STATE OF MINNESOTA BY Commissioner of Transportation DATE (Submit in Duplicate) MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM NO. III Be it resolved that pursuant to Section 161.36, Subdivision 1 through 6, Minnesota Statutes, the Commissioner of L Transportation be appointed as agent of the City of zke 4 w51 c, to let as its agent, contracts for the construction of local roads and bridges, and the Mayor and the clerk are hereby authorized and directed for and on behalf of the City to execute and enter into a contract with the Commisioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Transportation Agency Agreement" a copy of which said agreement was before the Council, assuming on behalf of the City all of the obligations therein contained. (SEAL) (Submit in duplicate) Note: Attach certification by City Clerk with each copy of resolution Page No. 16 0 { CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 87-19 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 20th day of January, 1987. Mary Kueffner G"� Deputy City Clerk Seal RESOLUTION R-87-21 �1It 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, 1987, THROUGH DECEMBER 31, 1987. 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 pro- tect 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 citi- zens, 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, 1987, through December 31, 1987, subject to the following conditions: 1. This permit shall be valid for one year fran the date hereof, and shall terminate on December 31, 1987, 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. 2. Mining operations shall be conducted on the above described pro- perty 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 resolu- tion 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 obli- gations hereunder, the City may proceed to abate any nuisances, complete opera- tions 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 Section 901.040 of the Take Elmo City Code of 1979. 6. No operation shall begin pursuant to this permit until a cer- tificate 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 r 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 pur- suant to Section 901.070 (D) of the said Municipal Code. r i .. \/ 10. Without the consent- of the City Concil, 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. 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 July 1, 1987. 14. All junk and other materials as defined in §1501.040(J) of the City Code shall be removed, or properly screened, pursuant to §1503.020, by July .1, 1987. 15. All permanent structures not used for storage or residential pur- poses shall be removed by .July 1, 1987. 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 prohi- bited. 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 agen- cies 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 afore- said 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. r ADOPTED, the ��day of1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: Arlyn Chr st, Mayor Attest: r' Robert Lee Overby, City Adminis rator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 37-21 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 3rd day of February , 1987. Mary Kueffner Deputy Clerk RESOLUTION 87-23 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, 1987 THRU DECEMBER 31, 1987 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, 1987 through December 31, 1987, 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 11 Noise Ordinance. 3. The owner shall maintain the buffer between the homes in Cimarron Park at the golf course. :.esolution 87-23 Cimarron Golf Course Page2 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. Mowing near the homes shall not be allowed before 7:00 a.m. Monday through Friday and not before 8:00 a.m. on weekends. 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. 6. That reasonable efforts will be made to accomodate, if possible, th needs of handicapped persons desiring access to the public facilities of Cimarron Park. 7. That watering of the golf course will be allowed from sunset to sunrise. 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 17th day of February 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed Arlyn Ctyrist, Mayor Attest: &W Robert Lee Overby, Ci Administrator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 87-23 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 17th day of February, 1987. Mary Kueffner Deputy City Clerk Seal RESOLUTION 87-25 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA WHEREAS, plans for Project No. S.A.P. 82-815-10 showing proposed alignment, profiles, grades and cross -sections for the construction, reconstruction or improvement of County State Aid Highway No. 15 within the limites of the City of Lake Elmo as a State Aid Project have been prepared and presented to the City of Lake Elmo. NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things approved by the City Council of the City of Lake Elmo this 17th day of February, 1987. f/ Arlyn hrist, Mayor CERTIFICATION State of Minnesota County of Washington City of Lake Elmo I hereby certify that the foregoing Resolution, 87-25, 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, Minnesota, on the 17th day of February, 1987 as disclosed by the records of said City in my possession. rt Lee Overby, Cit Seal inistrator C 1 - RESOLUTION 87-26 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING CONCEPT PLAN APPROVAL TO GREGORY J. ERICKSON ON BEHALF OF ERICKSON DIVERSIFIED CORPORATION FOR A DEVELOPMENT PROPOSED UNDER THE PROVISIONS OF CHAPTER 302 OF THE LAKE ELMO MUNICIPAL CODE PROVIDING FOR PLANNED UNIT DEVELOPMENT. Whereas, Gregory J. Erickson on behalf of Erickson's Diversified Corporation, Hudson, Wisconsin has applied for concept approval for a Planned Unit Development to be located on the land described as 63.88 acres located at the Northwest Corner of Intersection I-94 and Manning Avenue described as the South 1/2 of the Southeast 1/4 of Section 36, Township 29, Range 21, excluding all public right-of-way; and Whereas, the proposed plan, now on file with the City Clerk, has been reviewed by the City staff and considered at a meeting of the Lake Elmo Planning Commission on 2-9-87 as .required by City Ordinances; and Whereas, the Lake Elmo City Council has also considered the proposed Planned Unit Development together with the recommendations of the Planning Commission thereon and the recommendations of the City staff; and Whereas, The Lake Elmo City Council. has determined: 1. The Erickson PUD Phase I project is proposed to include a 120-unit motel; a 200-plus restaurant/lounge; a travel/convenience store, broker offices, mens and womens showers, lounge room/game room/exercise room; laundry room; motel parking for 159 spaces; restaurant/convenience store parking for 116 spaces; auto fueling for up to 8 cars; R.V. parking for up to 7 units; truck fueling for up to 16 trucks; truck parking for up to 100 spaces; a fast-food restaurant with 76 parking spaces; ponding areas; landscaped berms/buffers; primary and secondary drainfields; and a private service road providing access off the frontage road to Interstate 94. 2. The Interstate Freeway Service Center is a $12 million dollar first -phase of a three-phase development that is estimated to exceed $30 million dollars in total investment over the next 6 to 10 years. 3. The developer/applicant offers a "program whereby any and all public costs that may result will be guaranteed and paid by the owners and occupants of the Interstate Freeway Service Center". 4. If this project is approved by the City of Lake Elmo, the applicant intends to purchase the entire 64 acre site and begin construction of Phase I in early 1987. 5. The proposed Freeway Service Center would contain "commercial uses catering to the needs of the traveling public rather than local community residents" (Development Application Form). C :J_ _ '.`�_. 1. ..,. �:Oi> i`: (J �.. l _... .. _._ _. 6. The proposed site is currently zoned Rural Residential. The 1979 Future Land Use designation was for General Rural Use prior to 1990, with Highway Commercial after 1990. The 1986 Future Land Use designation is Agricultural. The project is located outside of the Metropolitan Urban Services Area. 7. The applicant has requested rezoning to "mixed use/unique purpose Planned Unit Development". The first stage of a Planned Unit Development review is the Concept Plan. The City may not review or act upon the rezoning, subdivision or related requests before concept plan approval is given. 8. Stages II and III are anticipated to contain buildings and uses intended to serve freeway traffic rather than local residents or communities. 9. A staff review dated February 2, 1987 of the project's consistency with the 1986 Comprehensive Plan of Lake Elmo and a staff review dated March 16, 1987 of the project's consistency with the 1979 Comprehensive Plan of Lake Elmo, both of which are incorporated herein by reference, indicate that the Erickson Planned Unit Development is a freeway oriented, urban scale development that is not consistent with the 1979 Comprehensive Plan nor the 1986 Comprehensive Plan, nor the goals or policies of either of these Plans. 10. At a meeting held on February 9, 1987, the Lake Elmo Planning Commission recommended on a 9-0 vote, that the Lake Elmo City Council deny this Planned Unit Development application. 11. The Metropolitan Council has expressed in a letter dated March 10, 1987 concerns that the Erickson Planned Unit Development proposal would be inconsistent with its 1986 Metropolitan Development and Investment Framework in that non-residential development in the rural service area is appropriate only in rural centers (such as the old village area), and that the Metropolitan Council would give a negative review to an amendment to allow a non-residential development in Lake Elmo's rural service area if it were outside the old village. Now, therefore, be it resolved that for the above findings of fact, the Lake Elmo City Council finds the Erickson Planned Unit Development to be inconsistent with the City's 1979 and 1986 Comprehensive Plan and is therefore denied. Adopted the City Council of the City of Lake Elmo this 17th day of March , 1987. Arlyn Chr st, Mayor RESOLUTION 87-27 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A TEMPORARY CONDITIONAL USE PERMIT TO RICHARD AND EILEEN BERGMANN, TO ALLOW THE OPERATION OF AN ASPHALT MIX PLANT BY ANDERSON BROTHERS CONSTRUCTION COMPANY WHEREAS, Richard and Eileen Bergmann have applied for a Temporary Conditional Use Permit for a Asphalt Mix Plant on-e_rihou� cn their property described as follows: The South 534.9 feet of the North 925.9 feet of the West 1/2 of the Northwest 1/4 of Section 1,T291g,R21W; and the North 300 feet feet of the Easterly 640 feet of the East 1/2 of the Northwest 1/4 0£ the Northwest 1/4 of Section 1 T29N, Range 21W, in the City of Lake Elmo. WIIEREAS, Section 301.070 D. 1.b.6. of the Municipal Code of Lake Elmo states that The City Council may, at its discretion, allow nontraditional Alternate Agricultural uses by Conditional Use Permit. The purpose of the Conditional Use Permit shall be to allow the landowner to obtain a reasonable return from the agricultural land and still maintain the open spaces and preservation of agricultural use. WHEREAS, this Alternate Agricultural Conditional Use Permit is of a temporary nature. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that a Temporary Alternate Agricultural Conditional Use Permit for an asphalt plant is granted to Richard and Eileen Bergmann based on the following conditions: 1. Berming shall be placed around the diesel and fuel oil tanks and the bermed area shall be lined with a suitable plastic liner per Minnesota Pollution Control Agency requirements for bermed containment areas. 2. The temporary use permit period shall commence May 18, 1987 and continue for 70 work days, Mondays through Satrudays, exclusive of rainy days. 3. The operating hours starting May 18, 1987 shall be from 7:00 a.m. to 7:00 p.m., Mondays through Saturdays; with 10 days allowed where work may continue until 8:30 p.m. 4. No overnight ramping or residence by workers shall be allowed on the work site. 5. Dust control measures shall be implemented for the access road and the area where the asphalt plant will be operated. 6. A map indicating the actual location of the temporary use area and the access road shall be provided. Resolution 87-27 Page 2 7. Security lighting shall be directed on the work site and not shine towards adjacent property. 8. A snow fence shall be erected around the holding pond areas to restrict access by unauthorized persons. 9. The land at the work site shall be reclaimed to the original or better -than original conditions existing prior to operation of this temporary use. 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 5th day of May 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed V4(i" n Arlyn rest, Mayor Attest: 1, Robert Lee Overby, City &"- DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 87-27 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 5th day of May, 1987. �xt-� Mary Kueffner Deputy City Clerk Seal y 9 RESOLUTION 87-28 P CITY OF LAKE ELMO ,6!4 WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO HOWARD GELB AND TRANS -CITY INVESTMENTS TO ALLOW THE ALTERNATIVE AGRICULTURAL USE OF AN EXISTING COMMERCIAL STYLE BUILDING AND ADJACENT PARKING AREA FROM MAY 5, 1987 THROUGH DECEMBER 31, 1987 WHEREAS, Howard Gelb has applied for a Conditional Use Permit under Section 301.070 D.1.b.6 of the Municipal Code of Lake Elmo to allow the operation of various agricultural -related and non-agricultural related commercial businesses in an existing 62,000 square foot building in a 5-acre area designated as "Parcel B" in the site plan submitted to the City; and WHEREAS, the purpose of this Conditional Use Permit shall be to allow the landowner to obtain a reasonable return from the agricultural land and still maintain the open spaces and preservation of agricultural use; and WHEREAS, the Conditional Use Permit applies to the entire 40-acre land parcel described as follows: the Northeast Quarter of the Southwest Quarter of Section Thirty -Six (36); T29N, R21W; and also All that part of the Northwest Quarter of the Southeast Quarter of Section Thirty-six (36), T29N, R21N described as follows, to wit: Commencing at the Southwest corner of the Northwest Quarter to the Southeast Quarter; thence North along the West line a distance of 152 feet to a point; thence Southeasterly in a straight line to a point on the South line of said Northwest Quarter of the Southeast Quarter to a point; said point being located 33 feet East of the point of beginning; thence West 33 feet to the point of beginning; and the West two (2) rods of the South Half of the Southeast Quarter of Section 36, T29N, R21N, Washington County; commonly known as 11490 Hudson Boulevard; and WHEREAS, the alternative agricultural uses are to be allowed on a five (5) acre parcel "B" described in the survey of March 23, 1987 as follows: The South 450.00 feet of the North 695.00 feet of the West 484.00 feet of the Northeast Quarter of the Southwest Quarter of Section 36, T29N, R21N; and WHEREAS, the following six (6) businesses are allowed to lease space and operate in the existing building as alternative agricultural uses: Tortilla Factory,, Product Vending Systems, Huang Trading Import Company, Diversified Bank Installations, Nordic Concepts, and Rygmyr Foods; and WHEREAS, Howard Gelb will notify the City if and when existing alternative agricultural uses move out of the building and are proposed to be replaced by other alternative agricultural uses, subject to the potential impact of such new businesses on the operation of the septic systemsjpotential need for additional parking spaces on the five (5) acre site,and other applicable code requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake ELmo, that a Conditional Use Permit for an alternative agricultural use as allowed by Section 301.070 D.1.b.(6) is hereby granted to Howard Gelb and Trans -City Investments subject to such other restrictions and additions as may be herein, -after specified; and that the Conditional Use Permit granted herein is valid from May 5, 1987 through December 31, 1987, subject to the following findings and conditions: 1. All of the landower's contiguous real estate (40 acres) is zoned agicultural and would be included in the granted CUP. P 2. The 5-acre site for alternative agricultural business uses exceeds the 1.5 acre per 40 acres allowed, but that a variance to this ordinance was granted by the City Council on June 2, 1987. 3. The 40-acre parcel size qualifies for an alternative agricultural use Conditional Use Permit. 4. The landowner is not the owner and operator of the alternate agricultural uses and does not reside on the contiguous real estate, but that variances to these requirements were granted by the City Council on June 2, 1987. 5. The applicant was granted a variance by the City Council on June 2, 1987 to allow alternate agricultural uses in an existing non-agricultural style building with exisitng signs and existing lighting. 6. The variance to allow alternate conditional uses on a 5-acre site does not include the area occupied by the existing septic system and drainfield, which are considered exceptions to the 5-acre limitation. The need for expansion and improvement of the two existing septic systems, as indicated by the City Engineer's site visit, shall be allowed outside the 5-acre conditional use site. 7. Outside storage of vehicles or goods is not anticipated on the site at this time. 8. A landscaping plan should be submitted and determined to be adequate to screen the 5-acre site within a time period - to be specified by the City. 9. The alternate agricultural conditional uses will not require public sewer or public water. 10. The remaining 35 acres should be maintained in accordance with the required practices of the Washington County Soil and Water Conservation District. 11. No use allowed under this Conditional Use Permit shall cause pollution, nor shall any hazardous materials be stored on the site. 12. It is expressly understood by the Landowner that any hazard to the health or welfare of the City could and would be grounds for immediate revocation of this permit. ADOPTED, this 5th day of May 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: Ar yn st, mayor ' Attest: Robert Lee Overby City Administrator DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELT40 ) I hereby certify that Resolution 87-28 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 5th day of May 1987 . Mary Kueffner Deputy Clerk CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACKNOWLEDGING RECEIPT OF BID FOR PART D OF THE 201 PROGRAM AND TO AWARD SUCH BID TO LAKE AREA UTILITY CONTRACTING, INC. 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 D of the work on June 19, 1987 with the lowest responsive responsible bidder being submitted by Lake Area Utility Contracting, Inc., of Hugo, Minnesota, in the amount of $579,027.00, and WHEREAS, the City desires to award the work in Part D 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 D to Lake Area Utility Contracting, Inc., the lowest responsive responsible bidder. ADOPTED by the City Council of the City of Lake Elmo, this 22nd day of June, 1987. Signed Ar I yn CVi st, Mayor ATTEST: Robert Lee Overby, City A nistrator RESOLUTION 87-29 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT SUBDIVISION TO JIM FRIEDRICH Whereas, Jim Friedrich has made application to the City of Lake Elmo for a Simple Lot Subdivision of the property described as follows; to wit: PARCEL A (Existing Parcel description prior to granting of subdivision as shown on Certificate of Survey prepared by Arthur M. Holm, RLS, dated February 26, 1971). The East 430.2 feet of the SE-1/4 of the SW-1/4 of Sec. 15, T29N, R21W, Vill. of Lake Elmo, Washington County, Minnesota, lying South of the southerly right-of-way of the C. of St. P. & C. Ry., Excepting therefrom the South 455.4 feet thereof. Containing 6.6 acre, more or less, together with an easement for road purposes over and across a 33 foot wide tract of land, the North line of which is described as follows: The point of beginning of the North line of the 33 foot wide road easement is the Northwest corner of the above described 6.6 acre tract; thence westerly along the southerly right-of-way of the C. St. P. & 0. Ry for 343.8 feet to the end of the description of the North line of the 33 foot wide road easement. PARCEL B (Existing parcel description prior to granting of subdivision as shown on Certificate of Survey prepared by Arthur M. Holm, RLS, dated February 26, 1971. All that part of the SE-1/4 of the SW-1/4 of Sec. 15, T29N, R21W, Vill. of Lake Elmo, Washington County, Minnesota, described as follows: Commencing at the southeast corner of the SE-1/4 of the SW-1/4 of Sec. 15, T29N, R21W, Wash. Co., Minn., thence West along the South Line of said SE-1/4 of the SW-1/4 for 700.00 feet; thence North, parallel with the East Line of said Se-1/4 of the SW-1/4 for 1041.75 feet to its intersection with a line drawn parallel with and 33.0 feet southerly from the southerly right-of-way of the C. St. P. & 0. Ry., thence westerly along said parallel line 72.0 feet; thence northerly at right angles to the last described line 33.0 feet to said southerly right-of-way of the C. St. P. & O. Ry., thence easterly along said southerly right-of-way of the C. St. P. & 0. Ry for 348.8 feet to its intersection with a line drawn parallel with and 430.2 feet West of the East line of SE-1/4 of the SW-1/4; thence South along said parallel line for 636.0 feet to its intersection with a line drawn parallel with and 455.4 feet North of said South line of SE-1/4 of the SW-1/4; thence East long said parallel line for 430.2 feet to said East line of the SE-1/4 of the SW-1/4;thence,- South along said East line of the SE-1/4 of the SW-1/4 d for 455.4 feet to the point of beginning. - Together with all that part of the SW-1/4 of the SE-1/4 of Sec. 15, T29N, R21W, Wash. Co., Minn., described as follows: Commencing at the southeast corner of the SE-1/4 of the SW-1/4 of Sec. 15, T29N, R21W, Wash. Co., Minn., thence West along the South line of said SE-1/4 of the SW-1/4 for 700.0 feet; thence North and parallel with the East line of said SE-1/4 of the SW-1/4 ' for 861.6 feet to the point of beginning of this description; thence northwesterly by deflection angle 64 degrees 47 minutes and a bearing of N 67 degrees 47 minutes W for 247.9 feet to its intersection with the centerline of Friedrich Road; thence North 62 degrees 18 minutes E for 172.6 feet to a point which is 33 feet South of the southerly right-of-way of C. St. P. & 0. Ry and 772.4 feet West of said East line of the SE-1/4 of the SW-1/4; thence N 87 degrees 35 minutes E for 72 feet to said parallel line drawn 700.00 feet West of said East line of SE-1/4 of the SW-1/4; thence South on said parallel line for 189.3 feet to the point of beginning. The above described tracts containing in all 11.5 acres, more or less, subject to the right-of-way of Friedrich Road. Whereas, the Lake Elmo Planning Commission considered this request for a subdivision at a meeting held on June 8, 1987 and recommended that the City Council approve this subdivision. NOW, THEREFORE, BE IT RESOLVED by the Lake Elmo City Council that a simple lot subdivision be granted to Jim Friedrich. Said subdivision will divide the above referenced Parcel A and Parcel B into two tracts described as follows: PARCEL C (Description taken from Certificate of Survey prepared by Barrett M. Stack, RLS, dated May 9, 1987) All that part of the Southeast Quarter of the Southwest Quarter of Section 15, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows, to wit: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter, thence westerly along the southerly line thereof 700.00 feet; thence northerly, parallel with the easterly line of said Southeast Quarter of the Southwest Quarter to the intersection with a line drawn parallel with and 33.0 feet southerly from the southerly .right-of-way of the C.St. P. & O. Ry; thence westerly along said parallel line 72.0 feet to the point of beginning of the parcel being described; thence northerly at right angles to the last described line 33.0 feet to said southerly right-of-way; thence easterly along said southerly right-of-way to the westerly line of the East 430.2 feet of said Southeast Quarter of the Southwest Quarter; thence southerly along said westerly line to the northerly line of the South 455.4 feet of said Southeast Quarter of the Southwest Quarter; thence westerly along said northerly line to the westerly line of the East 700.00 feet of said Southeast Quarter of the Southwest Quarter; thence northerly along said westerly line to a point 861.6 feet northerly, as measured along said westerly line, of said southerly line of the Southeast Quarter of the Southwest Quarter; thence northwesterly by deflection angle of 64 degrees 47 minutes and on a recorded bearing of North 67 degrees 47 minutes West for 247.9 feet to the intersection with the centerline of Friedrich Road; thence northeasterly to a point which is 33 feet South of said southerly right-of-way of the C. St. P. & 0. Ry. and 772.4 feet West of said easterly line of the Southeast Quarter of the Southwest Quarter; thence northeasterly, parallel with said southerly right-of-way, 0.5 feet, more or less, to the point of beginning. Containing 4.46 Acres, more or less. Subject to the right-of-way of said Friedrich Road, a.k.a. 31st Street North, and subject also to an easement for roadway and utility purposes over, under and across all that part of the above described 4.46 Acre parcel lying northerly of a line drawn parallel with and 33.0 feet southerly of said southerly right-of-way of the C. St. P. & 0. Ry. Subject to and together with any other valid easements, reservations or restrictions. PARCEL D (Description taken from Certificate of Survey prepared by Barrett M. Stack, RLS, dated May 9, 1987). The South 455.40 feet of the East 700.00 feet of the Southeast Quarter of the Southwest Quarter, and all the part of the East 430.20 feet of said Southeast Quarter of the Southwest Quarter lying northerly of the South 455.40 feet thereof and southerly of the southerly right-of-way of the C. St. P. & O. Ry., all in Section 15, Township 29 North, Range 21 West, Washington County, Minnesota. Containing 13.69 acres, more or less, subject to and together with any other valid easements, reservations or restrictions. Together with an easement for roadway and utility purposes over, under and across a 33 foot wide tract of land, the northerly line of which is described as follows, towit: Commencing at the intersection of the westerly line of the East 7100.0 feet of the Southeast Quarter of the Southwest Quarter of Section 15, Township 29 North, Range 2;1 West, Washington County, Minnesota, with a line drawn parallel with and 33.00 feet southerly of the southerly right-of-way of the C. St. P. & 0. Ry.; thence westerly along said parallel line 72.00 feet; thence northerly at right angles to the last described course 33.00 feet to said southerly right-of-way and the point of beginning of the line being described; thence easterly along said southerly right-of-way to its intersection with the westerly line of the East 430.20 feet of said Southeast Quarter of the Southwest Quarter and the end of the line being described. Adopted by the City Council of the City of Lake Elmo this 16th day of June, 1987. Signed: LTV' Arlyn Christ, Mayor Attest: T AM y`Kueffn&; lk dty Cagy Clerk.` RESOLUTION 87-31 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING THAT THE VALLEY BRANCH WATERSHED DISTRICT BOARD OF MANAGERS CONSIDER A REQUEST BY PROPERTY OWNERS ON THE NORTHWEST SHORE OF LAKE ELMO FOR RESCINDING THEIR 509 PROJECT ASSESSMENTS OR TO MSZST WITH A D?REDGING PROJECT, WHEREAS, several property owners residing on the northwest shore of Lake Elmo have lost their lakeshore access due to the lowered water level as a result of the VBWD 509 Project; and WHEREAS, these same property owners have been assessed by the VBWD for a benefit to their property as a result of the VBWD 509 Project's lowering of the water level on Lake Elmo; and WHEREAS, the lowering of the water level on Lake Elmo has now left tree stumps and muck exposed on private property. NOW, THEREFORE, BE IT RESOLVED: that the City Council supports the efforts of the various property owners along the northwest shore of Lake Elmo to have the Valley Branch Watershed District Board of Managers either rescind the 509 Project assessments to the individual property owners or to assist the property owners in dredging of the muck, removal of tree stumps, and any other means of cleaning up and reclaiming the private lakeshore property. ADOPTED, this 7th day of July, 1987 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: Arlyn Mrist, Mayor ATTEST: IQ X Y-de, L� 9 V, � 0" �, Robert Lee Overby City Administrator RESOLUTION 87-32 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION PROHIBITING THE TRANSFER OF REAL ESTATE IN LANES DEMONTREVILLE COUNTRY CLUB WITHOUT CITY APPROVAL WHEREAS, Lanes DeMontreville Country Club became a recorded plat of record on June 1, 1925; and WHEREAS, Lanes DeMontreville Country Club, when originally platted consisted of approximately nine -hundred twenty-five (925) twenty (20) foot by one -hundred (100) foot lots, each with its own property identification number; and WHEREAS, Lanes DeMontreville Country Club is located in the R1 (single family) Zoning District of the City of Lake Elmo, and lots within this zoning district require a minimum lot size of one and one-half acres (Lake Elmo Municipal Code Sections 301.070 D.3.c.(1) and 307.060 1.); and WHEREAS, Section 301.090 B. of the Lake Elmo Municipal Code states: Contiguous Parcels: If in a group of two or more contiguous lots or parcels of land owned or controlled by the same person, and individual lot or parcel does not meet the full width or area requirements of this Ordinance, such individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership so that the combination of lots or parcels will equal one or more parcels of land each meeting the full lot width and area requirements of this Ordinance; and WHEREAS, Section 301.090 F of the Lake Elmo Municipal Code states: Reduction of Required Yard or Lot Size Prohibited: No yard or lot shall be reduced in area or dimension so as to make it less than the minimum required by this Ordinance, and if the existing yard or lot is less than the minimum required, it shall not be further reduced. No required yard or lot currently used for a building or dwelling group shall be used to satisfy minimum lot area requirements for any other building; and WHEREAS, Section 401.030 C.of the Lake Elmo Municipal Code states: Approval Necessary for Acceptance of Subdivision Plats. Before any plat or subdivision shall be recorded or be of any validity, it shall be referred to the City Planning Commission and approved by the City Council of Lake Elmo as having fulfilled the requireents of this Ordinance. WHEREAS, "Subdivision" as defined in Section 301.040 138. of the Lake Elmo Municipal Code is: "A described tract of land which is to be or has been divided into two (2) or more lots or parcels for the purpose of transfer of ownership, building development, or for tax assessment purposes. The term includes resubdivision and where it is r14 . ( i appropriate to the context, relates to either the process of subdividing, or to the land subdivided, or to the development for which it is being divided". WHEREAS, violations of the above referenced ordinances have occurred in Lanes DeMontreville Country Club, and said violations have a great potential for negatively affecting the health, safety and welfare of the residents of the City of Lake Elmo; and NOW, THEREFORE, BE IT RESOLVED that the transfer of ownership/title in Lanes DeMontreville Country Club shall be prohibited without the approval of the City of Lake Elmo as to the conformity of such transfer with the provisions of the Lake Elmo Municipal Code. Adopted by the City Council of the City of Lake Elmo this 7th day of July, 1987. Signed: 4614-, '/ Arlyn, hrist, Mayor DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 87-32 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 7th day of July 1987 . Mary Kueffne Deputy Clerk u RESOLUTION 87-33 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR LAKE ELMO HEIGHTS 2nd ADDITION WHEREAS, the City Council previously considered and approved Heights 2nd Addition; and of the City of Lake Elmo has the preliminary plat of Lake Elmo WHEREAS, the Lake Elmo Planning Commission has reviewed the proposed final plat at its March 18, 1987 meeting and recommended to the City Council denial of the said final plat because of its inconsistency with the 1979 and 1986 Comprehensive Plan, and its non-compliance with the City's Subdivision Ordinance; and, WHEREAS, the appl-c-ants---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, or for which requirements of the Subdivision Ordinance were granted variances; and, WHEREAS, the City Engineer in his review letter of July 15, 1987 states that the plans and specifications for Lake Elmo Heights 2nd Addition are found to be acceptable. 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 2nd Addition 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. 4. The developer conform to the recommendations of the Washington County Public Works Department whereby (1) No access will be allowed to CR 13B from Lot 1, Block 1 or from Lots 1, 2, or 3 of ( Block 3; (2) An entrance permit will be required for the 27th Street North Access. Resolution 87-33 Lake Elmo Heights 2nd Addition page 2 5. The developer will provide a listing of the partnership members of Lake Elmo Heights as required in City Code Section 401.240 B.l.C. 6. Outlot A will remain open space and nothing more than one single family dwelling will be allowed on Outlot A. ADOPTED by the Lake Elmo City Council this 7th day of July, 1987. i Signed: a4,, X,� Arlyn Ch ist, Mayor Attest: Robert Lee Overby, -City Administrator Approved as to form: Fr,6deric W. Knaak; City Attorney DEV�,'LOrMENT AGREEMENT I rr� LAKE ELMO HEIGHTS SECOND ADDITION (JTHIS AGREEMENT, made and entered into this �S, day of Z, 1987, by and between the City of Lake Elmo, a Minnesota nicipal Corporation (hereinafter called "City") and Lake Elmo Heights, a Minnesota Limited Partnership (hereinafter called "Developer") , WITNESSETH: THAT: WHEREAS, the Developer has made application to the City Council for approval of a Cluster Development pursuant to Lake Elmo City Ordinance Section 301.070 D.1.E and the variances granted Developer within the corporate limits of the City, described as follows: That part of the Northwest Quarter of Section 21, Township 29 North, Range 21 West, lying southerly of the south line of WASHINGTON COUNTY HIGHWAY RIGHT OF PLAT NO. 23; EXCEPT LAKE ELMO HEIGHTS, according to the plat on file in the office of the County Recorder, Washington County, Minnesota. WHEREAS, the City Council, on June lb, 1987, granted preliminary approval for the subdivision of Lake Elmo Heights Second Addition, on the condition that the Developer enter into this Agreement to provide for the installation of streets, utilities, landscaping and other improvements hereinafter described and the terms and conditions hereinafter set forth; and WHEREAS, the Developer hereby warrants and represents 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; and WHEREAS, the Developer agrees to plat the remainder of the subject premises into an Outlot, clearly set forth on the plat, pursuant to Lake Elmo City Ordinance Section 301.070 D.I.E. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Improvements. 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"); E. 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-Builts and Warranty Related to Improvements. Prior to any construction, plans and specifications for all 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 daily 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. 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. The developer shall provide all maintenance necessary, including snowplowing, until all improvements are completed and accepted by the City Engineer as previously set forth. 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: Type of Improvement Estimated Cost Grading and Drainage Improvements . . . $ 52,118.00 Street Improvements . . . . . . . . . . 42,956.25 Staking and Inspection . . . . . . . . 2,500.00 + 25% per Ordinance . . . . . . . . . . 24,393.56 TOTAL LETTER OF CREDIT AMOUNT . . . . . $121,967.81 -2- C "G C 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 on or before August 1, 1988. In the event Developer fails 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 Developer to complete the improvements or the City may complete the improvements or cause the same to be completed. In either case, Developer agrees 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. 6. Bindinq Effect. 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. 7. Notices. Whenever in this Agreement it shall be required or permitted that notice of 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 mail in accordance with the above. -3- -t The addresses of the parties hereto are as follows, until changed by notice given as above: If to the City at: If to the Developer at: 8. Release of Security. Mr. Robert L. Overby City Administrator City Office 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Mr. E. Don Bishop c/o Clapp Thomssen Company 4 East 4th Street Saint Paul, Minnesota 55101 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 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%). 9. Final Plat Approved. 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. 10. Incorporation by Reference. All plans, special provisions proposals, specifications and contracts for the improvments furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if fully set out herein. IN WITNESS WHEREOF, the City and Developer has caused this Agreement to be duly executed on the day and year first above written. In presence of: CITY OF LAKE ELMO 1 4'j fitness Arlyn Christ, Mayor � Witnesss Approved as to form: CTIr _e f Robe t L. verby, Ci Adminis rat JF deric W. K k, Offly Attorney -4- In presence of: 4ness Witness DEVELOPER LAKE ELMO HEIGHTS, a Limited Partnership E-.--'6on Bishop, President E. & D BISHOP CO., Its General Partner -5- C RESOLUTION 87-34 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CLOSING THE REVENUE SHARING FUND WHEREAS, Revenue Sharing has been eliminated by Federal Legislation. NOW, THEREFORE, BE IT RESOLVED THAT the balance of $1207 in the Revenue Sharing fund be transferred to the General Fund for 1987 police contract expenditures. BE IT FURTHER RESOLVED THAT said Revenue Sharing Fund be closed. ADOPTED by the City Council of the City of Lake Elmo this 7th day of July, 1987. .� Signed: Arlyn Christ, Mayor Attest: obert Lee Overby, RESOLUTION 87-35 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CLOSING EQUIPMENT CERTIFICATE FUND WHEREAS, all claims for said certificate have been paid for purchase of new fire truck; and WHEREAS, all bonds and interest for said certificate have been paid; and WHEREAS, said fund has a deficit balance of $5838. NOW, THEREFORE, BE IT RESOLVED THAT said deficit of $5838 be transferred from the Closed Bond Fund to the Equipment Certificate Fund. BE IT FURTHER RESOLVED THAT said Equipment Certificate Fund be closed. ADOPTED by the City Council of the City of Lake Elmo this 7th day of July, 1987. Signed: JN C� /��7f/} Arlyn C ist, Mayor Attest: IF�6 (//s�%� Robert Lee Overby, City dministrator and RESOLUTION 87-36 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING A CLOSED BOND FUND WHEREAS, Debt Service bonds and/or bond funds have matured; and WHEREAS, all bonds and interest have been paid on matured funds, WHEREAS, all claims for said funds have been paid. NOW, THEREFORE, BE IT RESOLVED THAT a Closed Bond Fund be established from the proceeds from matured bondo funds. BE IT FURTHER RESOLVED THAT said Closed Bond Fund be used for small projects and/or to provide supplemental financing for project deficits and/or debt service deficits. ADOPTED by the City Council of the City of Lake Elmo this 7th day of July, 1987. Signed: C d Arlyn Chrvlst, Mayor Attest: F e Robert Lee Overby, City 'dministrator and RESOLUTION 87-37 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CLOSING WATER BONDS OF 1962 FUND WHEREAS, all bonds and interest for fund expenses have been paid; WHEREAS, said fund has a balance of $62,935. WHEREAS, said balance is a result of interest earned and assessments paid by residents on city water in "the old village". NOW, THEREFORE, BE IT RESOLVED THAT said balance of $62,935 in the Water Bonds of 1962 Fund be transferred to the Water Operating Fund for maintenance and improvements of the water system. BE IT FURTHER RESOLVED THAT all other assets, including future assessments of the Water Bond Fund are hereby transferred to the Water Operating Fund. BE IT FURTHER RESOLVED THAT said 1962 Water Bond Fund be closed. ADOPTED by the City Council of the City of Lake Elmo this 7th day of July, 1987. Signed: Arly�n hrist, Mayor Attest: db-"Ie Robert Lee Overby, City Administrator RESOLUTION 87-38 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CLOSING SEWER BONDS OF 1972 FUND WHEREAS, construction of all improvements from Sewer Bond Fund are complete; and and WHEREAS, all claims for said improvements have been paid; and WHEREAS, all bonds and interest for fund expenses have been paid; WHEREAS, said fund has a balance of $91,697. NOW, THEREFORE, BE IT RESOLVED THAT $80,532 in the Sewer Bonds of 1972 be transferred to the street bonds of 1974 and the remaining balance of $11,165 be transferred to the Closed Bond Fund. BE IT FURTHER RESOLVED THAT all other assets, including future special assessments of the Sewer Bond Fund are hereby transferred to the Closed Bond Fund. BE IT FURTHER RESOLVED THAT said 1972 Sewer Bond Fund be closed. ADOPTED by the City Council of the City of Lake Elmo this 7th day of July, 1987. Signed: Arlyn Christ, Mayor Attest:Robert Lee Lee Overby, City Administrator RESOLUTION 87-39 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CLOSING STREET BONDS OF 1974 FUND WHEREAS, construction of all improvements from Street Bonds of 1974 are complete; and and WHEREAS, all claims for said improvements have been paid; and WHEREAS, all bonds and interest for fund expenses have been paid; WHEREAS, said fund has a defecit balance of $80,532. NOW, THEREFORE, BE IT RESOLVED THAT said defecit of $80,532 be transferred from the Sewer Bond Fund. BE IT FURTHER RESOLVED THAT all other assets, including future special assessments of the Street Bonds of 1974 are hereby transferred to the Closed Bond Fund. BE IT FURTHER RESOLVED THAT said 1974 Street Bond Fund be closed. ADOPTED by the City Council of the City of Lake Elmo this 7th day of July, 1987. Signed: Arlyn hrist, Mayor Attest: �V✓ 7®c[e 6i1" Robert Lee Overby, City Administrator f C RESOLUTION 87-40 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CLOSING 1983 STREET IMPROVEMENT FUND WHEREAS, construction of all improvements from 1093 Street Improvement Fund are complete; and WHEREAS, all claims for said improvements have been paid; and WHEREAS, said fund has a defecit balance of $35,932. NOW, THEREFORE, BE IT RESOLVED THAT said defecit of $35,932 be transferred from the Street Bonds of 1983 to the Street Improvement Fund. BE IT FURTHER RESOLVED THAT all other assets of the 1983 Street Improvement Fund be hereby transferred to the Closed Bond Fund. BE IT FURTHER RESOLVED THAT said 1983 Street Bond Fund be closed. ADOPTED by the City Council of the City of Lake Elmo this 7th day of July, 1987. Signed: Arlyn hrist, Mayor Attest:' Robert Lee Overby, City Administrator RESOLUTION 87-41 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION CLOSING STREET BONDS OF 1983 FUND WHEREAS, construction of all improvements from Street Bonds of 1983 are complete; and WHEREAS, all claims for said improvements have been paid; and WHEREAS, all bonds and interest for fund expenses have been paid; and WHEREAS, said fund has a balance of $51,613. NOW, THEREFORE, BE IT RESOLVED THAT $35.932 in the Street Bonds of 1983 be transferred to the 1983 Street Improvement Fund and the remaining balance of $15,681 be transferred to the Closed Bond Fund. BE IT FURTHER RESOLVED THAT all other assets, including future special assessments of the Street Bonds of 1983—a-r-e—h-e-re-by tr-a-n-sf-e—r- to the Closed Bond Fund. BE IT FURTHER RESOLVED THAT said 1983 Street Improvement Bond be closed. ADOPTED by the City Council of the City of Lake Elmo this 7th day of July, 1987. Signed: ( yam Arlyn jqhrist, Mayor Attest: ��d EJ2tCclf�� Robert Lee Overby, City Administrator RESOLUTION 87-42 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING INTERFUND AUDIT ADJUSTMENTS WHEREAS, the firm of Voto, Tautges, Redpath & Co., Ltd., Certified Public Accountants, examined the financial statements of the City of Lake Elmo for the year ending December 31, 1986; and WHEREAS, the Council of the City of Lake Elmo accepted the resulting audit report submitted by Voto, Tautges, Redpath & Co., Ltd.; and WHEREAS, Voto, Tautges, Redpath & 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 DUE TO OTHER FUNDS OTHER FUNDS General Fund $ 14,421.90 $ 31,304.92 Revenue Sharing 1,206.66 Park Debt Service of 1976 19,749.20 Equipment Certificates of 1981 8,761.61 2,523.46 Water Improvement Bonds of 1962 4,502.37 Sewer Improvement Bonds of 1972 6,460.50 554.18 Street Improvement Bonds of 1974 5,576.62 Street Improvement Bonds of 1983 18,662.16 Water Fund 13,990.20 Sewer Fund 745.27 Park Capital Project Fund 2,267.13 MSA 1983 Street Improvement Fund 5,511.48 EPA Grant Fund 14,204.90 3,111.04 Totals $ 76,776.80 $ 76,776.80 ADOPTED, this 7th day of July, 1987, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: dLlltn 641 Arlyn rist, Mayor ATTEST: k l� Robert Lee Overby, City Ad ' istrator RESOLUTION 87-43 CITY OF LAKE ELMO WASHINGTON, COUNTY, MINNESOTA A RESOLUTION ORDERING A PUBLIC HEARING FOR THE CITY ENGINEER'S FEASIBILITY REPORT AND CALLING FOR THE 1987 M.S.A. IMPROVEMENT PROGRAM FOR A PROJECT TO IMPROVE 47TH STREET NORTH FROM KEATS AVENUE NORTH TO KIMBRO AVENUE NORTH IN THE CITY OF LAKE ELMO WHEREAS, the City of Lake Elmo is eligible to receive construction funds for the improvement of Municipal State Aid (M.S.A.) Highways for fiscal year 1987; and, WHEREAS, it is proposed to improve 47th Street North from Keats Avenue North to Kimbro Avenue North, all in the City of Lake Elmo, in 1987 and to assess the benefited property for a portion of the cost of these improvements pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the improvements proposed herein shall henceforth be referred to as the 1987 M.S.A. Improvements; and the City Engineer is instructed to report to the Council in a preliminary way as to whether the proposed improvements are feasbile and the estimated cost of the proposed improvements; and, BE IT FURTHER RESOLVED, by the City Council of the City of Lake Elmo that a public hearing be held on July 21, 1987, at 7:30 p.m. in the Lake Elmo City Council Chambers to consider the feasibility of the 1987 State Aid Improvement Program and to receive public input on the proposed project. ADOPTED by the City Council of the City of Lake Elmo on this 19th day of May, 1987. Signed: Cyv Arly�ist, Mayor Attest: RESOLUTION 87-44 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING THE 1987 MSA IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, pursuant to Resolution 87-43 of the City Council adopted May 19, 1987 a Feasibility Report has been prepared by the City Engineer with reference to the 1987 Municipal State Aid (M.S.A.) Improvement and this report has been received by the City Council; and WHEREAS, pursuant to Resolution 87-43, the City Council held a public hearing on the planned 1987 M.S.A. Improvement on July 21, 1987 at 7:30 p.m. and received public input and comments on the 1987 M.S.A. Improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The 1987 M.S.A. Improvements are hereby ordered as proposed in City Council Resolution 87-43 adopted May 19, 1987. I 2. The City Engineer is hereby designated Engineer for this improvement and shall proceed to prepare plans and specifications for the making of such improvements with all deliberate speed. ADOPTED by the City Council of the City of Lake Elmo this 21st day of July, 1987. Signed: 6 Arlyn Ch ist, Mayor Attest: RESOLUTION 87-46 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING CONCEPT PLAN APPROVAL TO FEDERAL LAND COMPANY FOR A DEVELOPMENT PROPOSED UNDER THE PROVISIONS OF CHAPTER 302 OF THE LAKE ELMO MUNICIPAL CODE PROVIDING FOR PLANNED UNIT DEVELOPMENT. Whereas, Martin Colon on behalf of Federal Land Company, has applied for concept approval for a Planned Unit Development to be located on the land described as approximately 56 acres located in Northwest Quadrant intersection of Hudson Road (I-94 and Hwy No. 12) and C.S. A. H. No 19). Whereas, the proposed plan, now on file with the City Clerk, has been reviewed by the City staff and considered by the Lake Elmo Planning Commission, as required by City Ordinances; and Whereas, the Lake Elmo City Council has also considered the proposed Planned Unit Development together with the recommendations of the Planning Commission thereon and the recommendations of the City staff; and Whereas, The Lake Elmo City Council has determined: Section 301.080C.2, Planned Unit Development, General Requirements and Standards, Comprehensive Plan/Ordinance Consistency states: "A proposed PUD shall be consistent with the City Comprehensive Plan and the intent and purpose of City Code provisions relating to land use, subdivision and development." Description of Federal Land Company proposed PUD The Mixed Use PUD is proposed to be built in two phases. Phase I is to be located on the eastern two-thirds of the property, on approximately 36.9 acres. Proposed land uses in Phase I include: 4.3 acres for a ponding area on the north end; 14.8 acres for a shopping center site (building and parking); 2.2 acres for a "satellite use" (restaurant); 1.1 acres for a bank; 1.4 acres for a service station/car wash; 1.5 acres for a savings and loan; 2.0 acres for ponding on the southwest end of the site. Phase II is to be located on the northwesterly one-third of the property, on approximataely 20.9 acres. Proposed land uses in Phase II include: 4.8 acres for office/warehouse; 8.2 acres for office/warehouse; 5.1 acres for single family homes. R87-46 Federal Land Company PUD denial Page 2 Project Consistency with 1986 Comprehensive Plan 1. The 56 acre parcel of land is presently zoned Rural Residential. The applicant would need to apply for rezoning to the Planned Unit Development zoning district in order to proceed with the project as proposed. However a request for rezoning cannot be acted upon until after the City has amended its Comprehensive Plan to allow a PUD future land use at this site, and the City must approve the General Concept Plan for the PUD project proposed by Federal Land Company. 2. The proposed Federal Land Company PUD would result in the elimination of prime agricultural land, as identified by map number 5 on page 32 of the 1979 Lake Elmo Comprehensive Plan. It appears that a minimum of 50 percent of the 56-acre site (28 acres or more) contains prime agricultural soils. Also the intensity of development is not in keeping with local desires. 3. The Federal Land Company PUD has the potential to serve local residents travelling to and from their residences in Lake Elmo. However, it appears that the primary benefit of the development would be for users of the I-94 freeway or for people passing through Lake Elmo on the local road system. The PUD is not primarily oriented to serve the local community. Also, the level of commercial development that is envisioned in the 1986 Comprehensive Plan would be exceeded, if this commercial development is allowed outside of the Metro Urban Service Area (Section 32 and part of Section 33, west of County 13). 4. The proposed PUD is a high density development that is not compatible with the surrounding land uses in that part of Lake Elmo. The only commercial development near the proposed site is a motel located adjacent to the property on its western boundary. There is no commercial/retail/office/warehouse development located anywhere within a one -mile radius to the north and east of the site. There are several commercial sales businesses located within one mile to the west of the site on the freeway frontage road. The proposed PUD site is located over one mile east of the easternmost boundary of the Metro Urban Services Area (County 13B) within which commercial development of this type was anticipated by the future land use plan for that area in the 1986 Comprehensive Plan. 5. The proposed Federal Land Company PUD is located outside of the areas for business and industrial development that are preferred by the City. 6. The size of the proposed Federal Land Company PUD exceeds the desired growth rate for commercial development in Lake Elmo and the site is not contiguous to existing development. 7. The proposed Federal Land Company PUD is not consistent with the areas for and amount of commercial development envisioned by Lake Elmo. R87-46 Federal Land Company PUD denial Page 3 8. The Federal Land Company PUD is not consistent with the goals and policies for commercial land use management in Lake Elmo. 9. Commercial and office/warehouse development at the site of the proposed Federal Land Company PUD is not consistent with the 1986 Comprehensive Plan. 10. The 56-acre Federal Land Company PUD would provide new commercial development in excess of the level provided for in the 1986 Comprehensive Plan. The PUD site is also located outside of the two areas in Lake Elmo (old village and MUSA) that have been provided by the 1986 Comprehensive Plan for commercial development. 11. The 1986 Comprehensive Plan indicates an agricultural future land use for the Federal Land Company PUD site. Rezoning to PUD would not be supported by the 1986 Comprehensive Plan in its current form. The Plan would have to be amended in order to allow the City to consider the PUD project beyond the General Concept Plan review point. 12. The 1986 Comprehensive Plan does not provide for commercial development as a future land use on the Federal Land Company PUD site. The Plan would have to be amended before the City could proceed with further consideration of this proposed project. 13. An excerpt from a letter from Barbara G. Sennes of the Metropolitan Council dated March 10, 1987 states in part "Lake Elmo should be aware that in its sewer policy plan, the Council strongly states that the in situ local unit of government bears the burden of of insuring that local sewer facilities do not cause a health or safety problem. The Council does not intend to provide metropolitan sewer service in the rural service area and any necessary remedial measures would be the city's responsibility". Now, therefore, be it resolved that for the above listed findings of fact, the Lake Elmo City Council finds the Federal Land Company proposed Planned Unit Development (PUD) to be inconsistent with the City's 1979 and 1986 Comprehensive Plan and is therefore denied. Adopted by the City Council of the City of Lake Elmo this 1st day of September, 1987. Rober Approved Arlyn Ch ist, Mayor ederic Knaak, City Attorney i �- -t __; \ � Drafted by the City of Lake Elmo RESOLUTION 87-47 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR SPRINGBORN'S GREEN ACRES 2ND ADDITION WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of Springborn's Green Acres 2nd Addition; and WHEREAS, the Lake Elmo Planning Commission reviewed the proposed final plat at its August 24, 1987 meeting and recommended to the City Council approval of the said final plat; 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 City Engineer in his review letter of August 24, 1987 states that the final plat conforms to the preliminary plat as approved, and recommended approval of the plat provided the permanent easements for the cul-de-sac are furnished. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby accept the final plat of Springborn's Green Acres 2nd Addition 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 $250 per lot be paid to the City of Lake Elmo as well as all pass-thru expenses incurred by the City of Lake Elmo in reviewing this plat. 4. The developer will provide a listing of the partnership members of Springborn's Green Acres 2nd Addition as required in City Code Section 401.240 B.1.C. 5. The developer shall provide the permanent easements for the cul-de-sac. ADOPTED by the Lake Elmo City Council this 1st day of September, 1987. Signed: al"�p Arlyn Chr' t, Mayor Attest: __? Robert Lee Overby; City Adminq�$ aator Approve eder as to form: Knaa", City Attorney DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO I hereby certify that Resolution 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 1,4 the City of Lake Elmo, Washington County own the /fit day of ✓ .z . ,, q(i Mary Kueffner ' Deputy Clerk l CERTIFICATE OF ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this 3rd day of September 19 87 , by Arlyn Christ, Mayor and Robert Lee Overby City Administrator 3rantor(s) Signature of Notarial Stamp or Seal Drafted by the City of Lake Elmo TH IS AGREEMENT, made and entered i nto th i s -.3_ day of _LuC�, , 1987, by and between the City of Lake Elmo, a Minnesota Municipald—Corporation (hereinafter called "City") and Howard C. SprIngborn and Irene L. Springbcrn, husband and wife, and Gaylen W. Springborn and Wanda Springborn, husband and wife, (hereinafter called "Developer"), WITNESSETH: THAT: WHEREAS, the Developers have made application to the City Council for approval of a land development pursuant to Lake Elmo City Ordinance Section 301.070.D.1.E., within the corporate limits of the City, described as follows: That part of the SE 1/4 of the SE 1/4 of Section 4, Township 29N, Range 21W, lying westerly of the west line of Springborn's Green Acres, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, and southerly of the following described line: Commencing at the southwest corner of said SE 1/4 of the SE i/4; thence N 01°311441, W, assumed bearing, along the west line of said SE 1/4 of the SE 1/4 a distance of 889.00 feet to the point of beginning of the Ilne to be described; thence S 80*3911311 E 360.61 feet; thence northeasterly along a curve, concave to the southeast, having a radius of 230.00 feet and a central angle of 67058105" a distance of 272.84 feet, the chord of said curve bears N 43°19?50" E; thence N 77°181531, E along tangent 389.70 feet to the westerly line of Springborn's Green Acres and said line there terminate. WHEREAS, the City Council, on June 2, 1987, granted preliminary approval for the subdivision of Springborn's Green Acres Second Addition, on the condition that the Developer enter into this Agreement to provide for the installation of streets, utilities, landscaping and other improvements hereinafter described and the terms and conditions hereinafter set forth; and WHEREAS, the Developer hereby warrants 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; and WHEREAS, the Developer agrees to provide permanent road easements for the temporary cul—de—sac. NOW, THEREFORE, and in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. IMPROVEMENTS 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, -DES IGN, INSPEU ION AND AS RII [La AND W RRANTV RELATED To IMEBOVEMFNTq Prior to any construction, plans and specifications for all 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 daily 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. 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. -2- 3. 4. 5. Prior to the approval of the final plat or the issuance of any building permits fcr 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-flve percent (25%). This amount shall be determined by the City Engineer. Ail streets and utilities which are Intended to be owned and maintained by the City shal I include: Grading and Drainage Improvements $16,250.00 Street Improvements and Turf Establishment $31,250.00 Staking and Inspection $ 2,500.00 + 25% per Ordinance 312_5nn_nn TOTAL PERFORMANCE ASSURANCE $62,500.00 IM 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. Developer agrees to complete the improvements required by this agreement on or before August 1, 1988. 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 to connection with the completion thereof or the enforcement of this agreement upon default of the Developer. In the event that lots within this subdivision become occupied prior to completion of all improvements and acceptance by the City, the Developer shall provide all maintenance necessary including street snow plowing, until final acceptance. -3- 6. 7. 8. 9. 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 mall to the addresses hereinafter set forth by certified mall (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: If to the Developer at: Mr. Robert L. Overby City Administrator City Office 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Gaylen W. Springborn 5240 Jamaca Avenue North Lake Elmo, Minnesota 55042 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 b(I Is for work completed and Inspected. The City shall retaln 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— 1 10.111L4 &01 60.10 •\ C i \R All plans, special provisions, proposals, speclflcatlons 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 fully set out herein. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed as of the date and year first -above written. CITY OF LAKE ELMD ATTEST:. Arlyn Chrlsf4 Mayor Robert L. 1 - rb City Admin[stra In presence of: Witness Witness Witness It Witness p, ARTHUR m. SCHAVER JR. Notary Public, Minnmot9 ) t{-+ Washington County , MY Commission Ex6i/ss { February 12. 19" DEVELOPER Howard C. Springb rn Irene L. Sprin born Gayle W. Springbor Wanda Springborn -5- RESOLUTION 87-48 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR LAKE JANE HIGHLANDS WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of Lake Jane Highlands; and WHEREAS, the Lake Elmo Planning Commission reviewed the proposed final plat at its August 24, 1987 as required by Section 401.250 B of the Lake Elmo Municipal Code; and, WHEREAS, the applicant has now presented to the City a final plat which conforms to the approved preliminary plat and meets the requirements of the City's Subdivision Ordinance; and, WHEREAS, the City Engineer in his review letter of August 24, 1987 states that the final plat conforms to the preliminary plat as approved, and recommended approval of the final plat provided the applicant conforms to the City platting requirements as listed in the conditions 1 and 2 below. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby accept the final plat of Lake Jane Highlands as it is on file with the City Clerk subject to the following conditions: 1. All lot corners shall be placed and shall be shown on the final plat. 2. Lot sizes, to the hundreth of an acre, shall be shown on the final plat. 3. 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. 4. 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. 5. 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. 6. The developer will provide a listing of the partnership members of Lake Jane Highlands as required in City Code Section 401.240 B.l.C. ADOPTED by the Lake Elmo City Council this 1st day of September, 1987. Signed: Z�� C" Arlyn Chr st, Mayor Attest: Robert Lee Overby,'City Admini�krator Approved�as to form: Frederic W. ICnaak, City Attorney RESOLUTION 87-50 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING BUDGET FOR 1988 AND LEVYING TAXES FOR 1988 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 1988; and WHEREAS, the Finance Director at the 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 1988 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; and WHEREAS, the City Council of the City of Lake Elmo has established a mill rate not to exceed 13.9 mills for the year 1988. 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 1988, and the sum of $482,981 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 also be levied for 1988 Bonded Indebtedness for a total City levy of $557,981 or 13.9 mills, whichever is less. 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 Lake Elmo City Council this 6th day of October, 1987. Signed: e"`"`"""_ Arlyn Christ, Mayor Attest: CITY OF LAKE EEID 1988 BUDGET SUSMY INCOME EXPENSE Taxes $ 482,981 Mayor and Council $ 37,500 Licenses & Permits 60,675 Elections 4,500 Intergovernmental 157,542 Administration 111,600 City Charges 7,200 Professional Services 63,000 Police Fines 15,000 Planning and Zoning 11,900 Interest 45,000 Building Inspector 43,100 Rental Income 6,000 Fire Department 91,450 Miscellaneous 1,102 Police Protection 90,000 Animal Control 8,800 Public Works 262,000 Parks 46,650 Miscellaneous 5,000 Total Income $775,500 Total Expense $775,500 RESOLUTION 87-53 A RESOLUTION APPROVING THE FINAL PLAT OF TARTAN MEADOWS 3RD ADDITION WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved a preliminary plat for the development known as Tartan Meadows 3rd Addition; and, WHEREAS, the Lake Elmo Planning Commission reviewed a final plat for the development known as Tartan Meadows 3rd Addition at its September 13, 1987 meeting and recommended its approval by the City Council; and, WHEREAS, the final plat presented to the City conforms to the City's subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby approve and accept the final plat of Tartan Meadows 3rd Addition as the same as on file with the City Administrator subject to the following conditions: 1. The Developer 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 developer's 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. 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. 4. The developer will provide a listing of the partnership members of Tartan Meadows 3rd Addition as required in City Code Section 401.240 B.I.C. 5. The developer will provide a list of the protective covenants placed upon the development known as Tartan Meadows 3rd Addition. Resolution 87-53 Tartan Meadows 3rd Addition Page 2 ADOPTED by the Lake Elmo City Council this 20th day of October, 1987. I Signed: Arlyn i rist, Mayor Attest Robert Lee Overby, City Adm Approved as to form: . istrator eric W. Kftaak, City Attorney RESOLUTION 87-54 CITY OI' LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO DOUGLAS DECOSTER WHEREAS, Douglas DeCoster has made application to the City of Lake Elmo for a Large Lot Subdivision of a parcel of land described as the Southwest Quarter of the Southwest Quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, containing 40 acres, more or less, into three tracts legally described as follows, to wit: PARCEL "A" The West Half of the West. Half of. the Southwest. Quarter of the Southwest Quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, containing 10.00 acres, more or less. Subject to easements of record, and subject also to any other valid easements, reservations or restrictions. PARCEL "B" The East Half of. the West Half of the Southwest Quarter of the Southwest Quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, containing 10.00 acres, ore or less. Subject to easements of record, and subject also to any other valid easements, reservations or restrictions. PARCEL "C" The East Half of the Southwest Quarter of the Southwest. Quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, containing 20.00 acres, more or less. Subject to easements of record, and subject also to any other valid easements, reservations or restrictions. WHEREAS, the Lake Elmo Planning Commission considered this application at a public hearing on November 9, 1987 and recommended the approval thereof; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: 1. The application of Douglas DeCoster for a Large Lot Subdivision for the real estate described above, be and the same hereby is granted; provided applicant pay a $250 park dedication fee for the two newly created lots. 2. The applicant inform purchasers of this property of the scheduled upgrading of County Road 70 (10th Street) and the County's requirement of a 125 foot setback. I RESOLUTION 87-55 A RESOLUTION APPROVING THE FINAL PLAT OF PACKARD PARK 2ND ADDITION WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved a preliminary plat Packard Park 2nd Addition; and, WHEREAS, the Lake Elmo Planning Commission reviewed a final plat for Packard Park 2nd Addition at its October 26, 1987 meeting; and WHEREAS, the final plat presented to the City conforms to the City's subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby approve and accept the final plat of Packard Park 2nd Addition as the same as on file with the City Administrator subject to the following conditions: 1. The Developer 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 developer's 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. 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. 4. The developer will provide a list of the protective covenants placed upon the development known as Creekside on DeMontreville. 5. The developer shall provide to the City a permanent easement for the proposed 24th Street right -of -•way between the 2nd Addition and the west line of the pond. 6. The pond shall be reserved as a permanent ponding easement until such time as the 3rd Addition is platted. 7. The developer shall give the City a road easement so that 24th Street can be extended west to Lake Elmo Avenue at some time in the future. ADOPTED by the Lake Elmo City Council this 1st day of December, 1987. Signed: �Oor Arlyn Christ, Mayor Attest: DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution Wq-5"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 on they _ day of Mary Kueffner Deputy Clerk 1 y �. 1 RESOLUTION 87-54 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO DOUGLAS DECOSTER WHEREAS, Douglas DeCoster has made application to the City of Lake Elmo for a Large Lot Subdivision of a parcel of land described as the Southwest Quarter of the Southwest Quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, containing 40 acres, more or less, into three tracts legally described as follows, to wit: PARCEL "A" The West Half of the Southwest Quarter of Section Washington County, Minnesota, Subject to easements valid easements, reservation PARCEL "B" The East Half of the Southwest Quarter of Section Washington County, Minnesota, Subject to easements valid easements, reservations PARCEL "C" West Half of the Southwest Quarter of the 28, Township 29 North, Range 21 West, containing 10.00 acres, more or less. of record, and subject also to any other s or restrictions. West Half of the Southwest Quarter of the 28, Township 29 North, Range 21 West, containing 10.00 acres, ore or less. of record, and subject also to any other or restrictions. The East Half of the Southwest Quarter of the Southwest Quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, containing 20.00 acres, more or less. Subject to easements of record, and subject also to any other valid easements, reservations or restrictions. WHEREAS, the Lake Elmo Planning Commission considered this application at a public hearing on November 9, 1987 and recommended the approval thereof; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: 1. The application of Douglas DeCoster for a Large Lot Subdivision for the real estate described above, be and the same hereby is granted; provided applicant pay a $250 park dedication fee for the two newly created lots. 2. The applicant inform purchasers of this property of the scheduled upgrading of County Road 70 (10th Street) and the County's requirement of a 125 foot setback. R87-54 DeCoster Large Lot Subdivision ADOPTED by the City Council of the City of Lake Elmo this 17th day of November 1987. Signed: Arlyn Christ, Mayor Attest: /� VG�}/,� Mary KiKi effne ,-,XDeputy City Clerk DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution f7,j/Vis 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 /7 / day of�IL/ , �- Mary Kueffner Deputy Clerk R87-54 DeCoster Large Lot Subdivision ADOPTED by the City Council of the City of Lake Elmo this 17th day of November 1987. Signed: M Arlyn Christ, Mayor Attest: l/ `&� Mary K effner., eputy City Clerk RESOLUTION NO. 87-_5 LAKE ELM, MINNESOTA WHEREAS, Minnesota Rules for State Aid Operations Chapter 8820.1400 allow a Municipality to receive a maintenance allocation greater than the minimum provided the Municipality files a request not later than December 15 of the preceding year and provided the Municipality file a detailed annual maintenance expenditure report at the end of the year; and WHEREAS, the City of Lake Elmo desires to a receive a maintenance allocation for 1988 equal to 25% of its total allotment, NOW, THEREFORE, BE IT RESOLVED THAT: The City of Lake Elmo does hereby request that its maintenance allotment for 1988 be equal to 25% of its total 1988 allotment. Adopted by the City Council on December 1, 1987. Ariyn Chri Mayor ATTEST: _ Fes_ `Pi_G�_ _ e : ��%�iL - • —_ Robert Lee Overby, City Administrator