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
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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
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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
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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.
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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
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In presence of:
4ness
Witness
DEVELOPER
LAKE ELMO HEIGHTS,
a Limited Partnership
E-.--'6on Bishop, President
E. & D BISHOP CO.,
Its General Partner
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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
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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
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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