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HomeMy WebLinkAbout1988 ResolutionsCITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 8011 An Ordinance adopting the 1987 Minnesota State Building Code; providing for its administration and enforcement, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City of Lake Elmo; providing for the issuance of permits and collection of fees thereof; providing penalties for the violation thereof; amending Ordinance 7925 and 7946 of the City of Lake Elmo and all other ordinances and parts of ordinances in conflict therewith. The City Council of the City of Lake Elmo does ordain as follows: Section I AMENDMENT Section 501 thru 50.2 of the Lake Elmo Municipal Code is hereby amended and shall read as follows: 500 BUILDING CODE 501 BUILDING CODE 502 PERMITS, FEES AND BONDS 503 SAFETY TO LIFE REQUIREMENTS FOR EXISTING BUILDINGS 501 BUILDING CODE 501.010 1987 STATE BUILDING CODE ADOPTED. The 1987 Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 through 16B.73, one copy of which is on file in the office of the City Building Official, is hereby adopted as the building code for the City of Lake Elmo. Such code is hereby incorporated in the City Code, as completely as if set out in full. 501.020 The Building Official and his duly appointed representatives shall be authorized and directed to enforce all provisions of the said Building Code and the regulations on Manufactured Housing. 501.030 SCOPE It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City of Lake Elmo or cause the same to be done, contrary to or in violation of any of the provisions of said Building code or the Manufactured Housing Statute. 501.040 REQUIRED CHAPTERS OF THE 1987 MINNESOTA STATE BUILDING CODE. The following State required chapters of the 1987 Minnesota State Building Code are hereby adopted and administered by the City of Lake Elmo. 1. Chapter 1300 - 2. Chapter 1305 - 3. Chapter 1315 - 4. Chapter 1320 - 5. Chapter 1325 - 6. Chapter 1330 - 7. Chapter 1340 - 8. Chapter 1345 - 9. Chapter 1350 - 10. Chapter 1355 - 11. Chapter 1360 - 12. Chapter 1365 - 13. Chapter 4215 - Code Administration Adoption of 1985 Uniform Building Code for Reference Including Appendix Chapter 35, Sound Transmission Control Electrical Code Elevators and Related Machines Solar Energy Systems Technical Requirements for Fallout Shelters Facilities for the Handicapped Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code Manufactured (Mobile Home Rules) Plumbing Code Prefabricated Structures variation of Snow Loads Model Energy Code Amendments 501.050 OPTIONAL CHAPTERS OF THE 1987 MINNESOTA STATE BUILDING CODE The following optional chapters of the 1987 Minnesota State Building Code are hereby adopted by the City of Lake Elmo. 1. Chapter 1305.6905 - Special Fire Suppression Systems utilizing the "group B-2, 5,000 or more gross square feet" option. 2. Chapter 1305.1000 - Certificates of occupancy shall be required for all types of occupancy, including groups R-3 and R-A. 501.060 ORGANIZATION AND ENFORCEMENT The organization of the Building Department and enforcement of the code shall be as established by Chapter 2 of the Uniform Building Code, 1985 Edition. The Code shall be enforced within the incorporated limits of the City of Lake Elmo. The Building Department shall be the Building Code Department of the City of Lake Elmo. The administrative authority shall be a State certified "Building Official". The City Council shall appoint the Building Official for the jurisdiction of Lake Elmo. 502 PERMITS, FEES AND BONDS 502.010 PERMITS REQUIRED 1. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the City of Lake Elmo or cause the same to be done, without first obtaining a separate building permit for each such building or structure as required by the State Building Code as adopted by Chapter 501 of this Code. 2. Permits, inspections and collection of fees shall be as provided in Chapter 3 of the Uniform Building Code, 1985 Edition. 3. The Building Official shall utilize the chart of estimated construction costs as annually provided by the Minnesota Department of Administration, State Building Codes and Standards Division, to compute building valuations for the purposes of establishing the permit fees of the City of Lake Elmo. 502.020. PLUMBING PERMITS A. I and 2 family residential - New B. 1 and 2 family additions/alterations C. Commercial and all other - New $ 60.00 $ 25.00 $ 70.00 or 1% of cost, whichever is greater. D. Commercial and all other - additions/alterations $ 30.00 or to of cost, whichever is greater. 502.030. HEATING PERMITS A. Group R, Division 3 1. New Construction $ 60.00 2. Additions/Alterations $ 25.00 B. All Other 1. New Construction $ 70.00 or 1% of cost whichever is greater. 2. Additions/Alterations $ 25.00 or 1% of cost whichever is greater. 502.040 SEPTIC PERMITS A. New $ 50.00 B. Additions/Alterations $ 25.00 502.050 EXCAVATION AND GRADING PERMITS. $100.00 A permit shall be required for the excavation, grading or surfacing for any building, structure, plot or area of ground occupied by a building or structure, or in preparation for the construction of any j building or structure where such excavation and grading is to be done with mechanical equipment. 502.060 PRIVATE ROAD PERMITS. $100.00 A permit shall be required to construct an asphalt, concrete, or gravel private road or alley. (See Section 1602 of this Code). 502.070 MOVING BUILDINGS INTO CITY $ 50.00 A. Buildings or structures moved from one location to another shall comply with the provisions of this code for new buildings. B. Where the Building Official is required to inspect a building outside of the City, any travel expense shall be paid by the applicant. Building mover must present a State license for house and building moving to the Building Official when applying for permit to move a building. C. Before any house or other structure is moved onto a lot or parcel in the City of Lake Elmo, the owner shall apply for a building permit. The Building Official shall present the site plan, construction plans, and photos of the structure from two or more angles to the Planning Commission. The Planning Commission shall report to the City Council whether or not the structure will be compatible with other development in the area; and make such recommendation to the City Council. If the City Council determines the structure would depreciate the area into which it is to be moved, it may withhold the permit for such relocation. 502.080 BUILDING DEMOLITON FEES $ 25.00 for first 1,000 square feet plus $10.00 for each additional 1,000 square feet or fraction thereof. The minimum permit fee shall be $25.00. Surcharge In addition to the permit fees required, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 1984, Section 16B.70. 502.090 EXTERIOR FINISH All residential buildings shall have the exterior finished within one (1) year of the date their permit was issued. 502.100 EXPIRATION Every permit issued by the Building Official shall expire by limitation and become null and void after one (1) year, or if the building or work authorized by such permit is not commenced within one hundred twenty (120) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced a new permit shall be first obtained to do so, and the fee therefor shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. 502.110 BUILDING PERMIT FEES A fee for each building permit shall be paid on or before the issuance thereof. The fees for such permits shall be in the amount established from time -to -time by ordinance of the City Council. 502.120 BOND OR CASH DEPOSIT TO PROTECT PERMANENT STREETS OR CURBS On any new construction for property abutting a permanent street a two hundred fifty dollar ($250) bond or cash deposit shall be required to protect against damage to the permanent street, curb, or other public property or improvement occurring by reason of construction. 502.130 SURVEY The Building Inspector may require a Certificate of Survey showing the actual dimensions of the lot to be built on, the exact size and location on the lot of the building and assessory buildings to be erected, and such other information as may be necessary to determine compliance with the Municipal Code of the City of Lake Elmo, before issuing a building permit for new construction on any lot. ( 502.140 SUSPENSION OR REVOCATION The Building Official may, in writing, suspend or revoke a permit issued under provisions of said Building Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions C i of said Building Code. i 502.150 VIOLATIONS AND PENALTIES The penalties described in the Uniform Building code, 1985 Edition, Section 205, as amended, shall be in keeping with Minnesota Statutes 609.033 to 609.034 which provides for a maximum fine of $700.00. Section II EFFECTIVE DATE This Ordinance shall become effective upon its passage and publicaion. Adopted by the City Council of the City of Lake Elmo this 1st day of March, 1988. Arlyn Mrist, Mayor Attest: Mary Kueffner, ty Clerk CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA NOTICE OF ORDINANCE ADOPTION ORDINANCE 8012 The Lake Elmo City Council adopted Ordinance 8012 on March 1, 1988. This Ordinance references Section 701 and Section 702 of the Lake Elmo Municipal Code. Section 701 shall be know, cited and referred to as the INDIVIDUAL AND COMMUNITY SEWAGE TREATMENT SYSTEM ORDINANCE. Section 702 shall be known, cited and referred to as the MUNICIPAL SEWER SYSTEMS ORDINANCE. The Ordinance repeals Section 701 and Section 702 of the Lake Elmo Municipal Code and creates new Sections 701 and 702. Complete copies are available for inspection or purchase in the City Hall, 3800 Laverne Avenue N., Lake Elmo, Minneosta. Mary Kueffner Deputy City Clerk March 17, 1988 f CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA NOTICE OF ORDINANCE ADOPTION ORDINANCE 8013 The Lake Elmo City Council adopted Ordinance 8013 on March 1, 1988. This Ordinance establishes Section 707 of the Lake Elmo Municipal Code. Section 707 shall be know, cited and referred to as the WASTEWATER SERVICE CHARGE ORDINANCE. The Ordinance establishes the charges for the administration of the Wastewater Treatment Facilities, including Wastewate Service Charges constructed under Grant No. C27-1411. Complete copies are available for inspection or purchase in the City Hall, 3800 Laverne Avenue N., Lake Elmo, Minneosta. Mary Kueffner Deputy City Clerk March 17, 1988 M f( CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA NOTICE OF ORDINANCE ADOPTION ORDINANCE 8014 The Lake Elmo City Council adopted Ordinance 8014 on March 1, 1988. This Ordinance establishes APPENDIX A of Section 700 SEWER SYSTEMS of the Lake Elmo Municipal Code. APPENDIX A shall be know, cited and referred to as the SEWER SERVICE CHARGE SYSTEM ORDINANCE. Complete copies are available for inspection or purchase in the City Hall, 3800 Laverne Avenue N., Lake Elmo, Minneosta. Mary Kueffner Deputy City Clerk March 17, 1988 ORDINANCE 8016 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO Section 1. Amendment. Section 207 of 1979 Municipal Code of Lake Elmo adopted October 16, 1979, is hereby amended to read as follows: 207 CITY ADMINISTRATOR 207.010 CREATION The office and position of City Administrator is hereby created within the City of Lake Elmo. 207.020 APPOINTMENT The City Administrator shall be appointed by the City Council and shall serve for an indefinite term. He shall be chosen on the basis of executive and administrative qualifications, and shall have experience and knowledge in the area of government or business administration. 207.030 CONTRACT The City may enter into such employment agreement as it deems necessary to further the purposes of this ordinance. 207.040 PRIMARY OBJECTIVE OF POSITION The Administrator shall be the chief administrative officer for the City, and shall: A. Plan and direct the administration of city functions as delegated by the City Council to ensure efficient municipal services and development in line with council objectives, City ordinances, and State law. B. Advise the City Council regarding the impact of policy decisions and to represent the interests of the City of Lake Elmo in matters before other governmental agencies as delegated by the City Council. C. Supervises/Manages the administration of all departments within the City. Operate with considerable discretion in normal administration functions and in implementing policies of the Council. Responsible for effectively recommending policies, employee staffing, budgets, code modifications, and public communications where Council action is required. D. Advise Council in matters concerning planning, including but not limited to zoning, platting, variances, shoreline permitting, conditional use permits and subdivisions. 207.050 MAJOR AREAS OF ACCOUNTABILITY AND RESPONSIBILITY: A. Serves as chief administrative officer of the city. Is responsible to the city Council for the proper administration of all the policies of the city. B. Knows and understands the Lake Elmo Municipal Code and its proper application to specific issues. Sees that all laws and ordinances are fully and properly enforced. C. supervises/Manages the administration of all departments, offices, and divisions of the city except as otherwise provided by law and carries out any other responsibilities placed under his or her jurisdiction by ordinance or by subsequent Council action. D. Recommends from time to time the adoption of such measures as may be deemed necessary or expedient for health, safety and welfare of the community or for the improvement of the administration. E. Works with city commissions coordinating their activities with elected city officials and presenting commission recommendations to the City Council. F. Stays abreast of developments in the public administrative field and cooperates with governmental units and municipalities on matters of mutual interest. G. Supervises/Manages the conduct of local elections in accordance with the prescribed laws and regulations. H. Relieves the Council members of as much administrative detail, inquiry, etc. as possible so they may devote more of their time to the policy -making responsibilities of their position. I. Coordinates the work of the city's appointed attorney and consulting engineer. J. Performs such other duties as may be required by the City Council. 207.060 PERSONNEL A. Acts as personnel officer. Is responsible for implementation of City personnel policies with the authority to effectively recommend employment, discipline, or removal of city employees for Council action. B. Develops and issues all administrative rules, regulations and procedures necessary to ensure the proper functioning of all city departments, offices and divisions as permitted by law and Council approval. C. Prepares and updates job descriptions for all city employees and conducts job performance reviews with employees every six months. Reviews all department requests for overtime hours and accepts or rejects them based on needs and budget constraints. Review employee time cards on a regular basis. 207.070 BUDGET A. Supervises/Manages the preparation and submits an annual budget to the City Council prior to September 1, and keeps the City Council advised of the financial condition of the individual departments making such recommendations as may from time to time be determined desirable and necessary. r' G B. Supervises/Manages the effective utilization of city assets and recommends additions or changes to the Council. C. Ensures effective management of financial assets. Works with the City Finance Director to ensure favorable investment of available funds, effective and proper accounting practices, appropriate insurance coverage and effective financial planning D. Keeps the Council advised as to the future needs of the city and makes recommendations to the Council in a five year CIP reviewed and updated annually. E. Maintains familiarity with alternate and supplemental sources of revenue, including federal and state aids, loans, grants and other sources of revenue and submits recommendations to the City Council for actions necessary to take advantage of such sources. 207.080 MEETINGS A. Attends and participates in discussion at all meetings of the City Council and other official city bodies. Also represents the city at all official or semi-official functions as may be directed by the Council. Coordinates meetings and represents the Council as directed with other governmental agencies and associations. Is responsible for public notification of all regular and special meetings of the Council and is responsible for agenda preparation and Council meeting procedures. Responsible for notification of public hearings. B. Works closely with the Council including performing research on agenda items and other Council requests, attending meetings to report on city affairs and problems, presenting recommendations concerning policies and objectives as well as specific actions, participating in discussions as appropriate of all significant matters. Presents all items which require Council action or approval. C. Prepares agendas for Council meetings and provides supporting data. 207.090 PURCHASING Purchases or enters into contracts for previously budgeted items when the amount thereof does not exceed $200. Purchases or enters into contracts for previously budgeted items after obtaining two or more quotations when the amount does not exceed $1,000. Obtain Council approval on all budgeted items above $1,000 after obtaining quotations. Solicits sealed bids by public notice on all budgeted items in excess of $5,000 and presents them to the City Council for official action. 207.100 USUAL AND UNUSUAL WORKING CONDITIONS: 1. Work a 40 hour week or equivalent. 2. Be able to attend council meetings in evenings. 3. Be able to attend any other evening meetings as needed. 207.110 EXAMPLES OF PERFORMANCE CRITERIA The performance criteria of the City Admtnistrator snail include, bi not be limited to the following: OTHER INSPECTION FEES: 1. Inspections outside of normal business hours (minimum charge - two hours) 2. Reinspection fees assessed under provisions 'of Uniform Building Code Section 305 (g) 3. Inspections for which no fee is specifically Indicated (minimum charge - one-half hour) $30.00 per hour* $30.00 per hour* $30.00 per hour* 4. Additional plan review required by changes, additions or revisions to approved plans $30.00 per hour* (minimum charge - one-half hour) * Or the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Section II EFFECTIVE DATE This Ordinance shall become effective upon its passage and publicaion. Adopted by the City Council of the City of Lake Elmo this 1st day of March, 1988. Attest: Mary Ku ffner, a6puty Clerk U Arlyn Christ, Mayor 1� �j ORDINANCE 8017 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO Section 1. Amendment. Sections 701.060, 701.070 and 701.090 of 1979 Municipal Code of Lake Elmo adopted October 16, 1979, and subsequently amended by Ordinance 8012 is hereby amended to read as follows: 701.060 A.3. The City recommends that a maintenance inspection be performed not less than annually by the owner or his agent. Such inspection should include, but is not limited to: 701.060 A.4. The septic tank shall be pumped to remove all accumulated septage whenever inspection of the septic tank discloses that the accumulated sludge in the bottom of the tank has reached a point twelve inches or less from the bottom of the outlet baffle device, or that the bottom of the floating scum layer is less than three inches above the bottom of the outlet baffle device; however, the time interval between maintenance pumping shall not exceed two years. 701.060 6.d. The owner shall be responsible to promptly initiate action to provide adequate expansion or replacement of any soil treatment system found to be inadequate as a result of (c) above. 701.060 9. RECORDS AND REPORTS . Licensed contractors shall maintain accurate records of pumping activity and shall report such data monthly to the Zoning Administrator on forms provided by him. 701.070 A.1. This ordinance shall apply and be in effect for the stated purposes within the City of Lake Elmo. 701.090 A.3. In the event of a violation of the septic tank pumping required in Section 701.060 A.4., the Zoning Administrator may, after ten day mailed notice to the record owner, order the pumping performed, and have the cost thereof plus 100%, placed as a special assessment against the property and to certify the same to the County Auditor for collection in the same manner as �( taxes and special assessments are certified and collected. A. Policies and programs of the city are readily understood and �( administered by city personnel. B. Department Heads reporting are consistently performing at a maximum level of productivity in carrying out the policies of the Council and the City Administrator. C. Clear and effective communication lines are consistently maintained throughout city organization. D. The city consistently maintains a positive and high reputation for service among the citizens. 207.120 QUALIFICATIONS The qualifications of the City Administrator shall include but not be limited to the following: A. Bachelor degree in Public Administration, Business Administration or closely related field; or equivalent supervisory/managerial experience in municipal government. B. Should have five years of experience in broad areas of managing public organizations. C. Thorough knowledge of city programs, as well as Council policies and practices. D. Demonstrated ability to direct a complex and varied organization. E. Able to develop and maintain effective working relationship with City Council, general public, employees and other government agencies. F. Must be able to communicate effectively orally and in writing. G. Supervise/Manage all department heads, maintenance employees and clerical personnel. Section 3. Effective Date. This ordinance shall become effective upon its passage and publication. Adopted by the City Council this 15th day o March, 1.988. Arlyn LOhrist, Mayor Attest: F p: 53 ORDINANCE 8019 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA The City Council of the City of Lake Elmo does ordain as follows: Section I AMENDMENT Section 1510 of the Lake Elmo Municipal Code is hereby amended to include the following: 1510.080 GLASS BEVERAGE CONTAINERS PROHIBITED No person shall bring into any Park within the city of Lake Elmo any glass beverage container. 1510.090 LIQUOR AND NON -INTOXICATING MALT LIQUOR PROHIBITED In accordance with Section 1501.030 (D) of the Lake Elmo Municipal Code, liquor and non -intoxicating malt liquor is prohibited in all parks within the City of Lake Elmo. 1510.100 ENFORCEMENT Notwithstanding anything herein to the contrary, officers of the Washington County Sheriff's Department shall be authorized and entitled to enforce the provisions of this Ordinance. 1510.110 PENALTIES Any person who shall violate any provision of this Ordinance shall be guilty of a misdemeanor. Section II EFFECTIVE DATE This ordinance shall become effective upon its passage and publication. Adopopted by the City Council of the City of ak Elmo 7th ay of June, 1988. Arlyn Christ, Mayor Attest: ORDINANCE NO. 8020 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTIONS 401.220 AND 401.240 OF THE 1979 LAKE ELMO MUNICIPAL CODE, RELATING TO SUBDIVISION AND PLATTING OF PROPERTIES, BY ADDING TO PARAGRAPH B3c OF SECTION 401.220 AND BY ADDING TO PARAGRAPH B3k OF SECTION 401.240, RELATING TO STORMWATER RUNOFF CONTROL The City Council of the City of Lake Elmo hereby ordains: SECTION 1. Amendment. Section 401.220B.3.c. of the 1979 Municipal Code of Lake Elmo, adopted October 16, 1979, is hereby amended to read as follows: B.3.c. Provision for surface water disposal, drainage, and flood control within the boundaries of the proposed property division. The rate and volume of surface volume runoff within the boundaries of a proposed property subdivision shall not, in any event, be greater than the rate and volume of runoff existing on the proposed property division prior to the proposed development. Surface volume runoff is water leaving the property on or very near the surface. To the extent possible, provisions shall be made for controlling runoff by construction or enhancement of ponding facilities on the site of and within the boundaries of the proposed property division, which ponding facilities should provide for both permanent and temporary storage of runoff waters. The increased runoff volume from new development shall be calculated at 0.35 acre-feet for each acre of impervious surface proposed in the development. Impervious surface shall be all streets, parking lots, roofs, walks, driveways or other hard surface materials proposed in any development. For residential developments, each lot shall be assumed to contain 3,000 square feet of impervious surface for the house, garage and driveway. Existing ponds or other facilities may be used for runoff volume control. Any storage ponds shall be designed to retain the volume of runoff calculated under this provision below its outlet or overflow point and above the water table. The Soil Conservation Service method of analysis shall be used to calculate the runoff rate prior to development. The predevelopment land use shall be considered permanent meadow with a soil conservation curve number of 58. The 100 year, 24 hour storm of 5.9 inches of precipitation shall serve as the basis of any such analysis. This ordinance shall apply to all areas of the City exclusive of that portion of the City within the Ramsey -Washington Metro Watershed District. SECTION 2. Amendment. Section 401.240.B.3.k, of the 1979 ' Municipal Code of Lake Elmo, adopted October 16, 1979, is hereby amended to read as follows: ` B.3.k. Provision for surface water disposal, drainage, and flood control within the boundaries of the proposed plat. The rate and volume of surface volume runoff within the boundaries of a proposed property subdivision shall not, in any event, be greater than the rate and volume of runoff existing on the proposed property division prior to the proposed development. Surface volume runoff is water leaving the property on or very near the surface. To the extent possible, provisions shall be made for controlling runoff by construction or enhancement of ponding facilities on the site of and within the boundaries of the proposed property division, which ponding facilities should provide for both permanent and temporary storage of runoff waters. The increased runoff volume from new development shall be calculated at 0.35 acre-feet for each acre of impervious surface proposed in the development. Impervious surface shall be all streets, parking lots, roofs, walks, driveways or other hard surface materials proposed in any development. .For residential developments, each lot shall be assumed to contain 3,000 square feet of impervious surface for the house, garage and driveway. Existing ponds or other facilities may be used for runoff volume control. Any storage ponds shall be designed to retain the volume of runoff calculated under this provision below its outlet or overflow point and above the water table. The Soil Conservation Service method of analysis shall be used to calculate the runoff rate prior to development. The ' predevelopment land use shall be considered permanent meadow with a soil conservation curve number of 58. The 100 year, 24 hour storm of 5.9 inches of precipitation shall serve as the basis of any such analysis. This ordinance shall apply to all areas of the City exclusive of that portion of the City within the Ramsey -Washington Metro Watershed District. SECTION 3. Effective Date. This Ordinance shall become effective upon its passage and publication. ADOPTED by the City Council of Lake Elmo this 19th day of July, 1988. Arlyn Christ, Mayor Attest: ( Patricia Morrison, City Administrator / a1JE:ie- ORDINANCE 8021 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 1179 Municipal Code of Lake Elmo adopted October 16, 1979. It is hereby amended t change the zoning district map by rezoning the following described parcels from Rural Residential (RR) to Agricultural (A) to wit: The North 1/2 of the Southwest 1/4 of Section 27, Township 29, Range 21 except those properties described as follows: That part of Section 27, Township 29, Range 21, described as follows: The NW 1/4 of the NW 1/4 Gov't. Lot 1; together with all that part of the SW 1/4 of the NW 1/4, the NE 1/4 of the SW 1/4, Gov't. Lots 2, 3 and 4, lying N'ly and E'ly of the following described line: Commencing at the E. 1/4 corner of Said Sec. 27; thence on a grid bearing of S. 00 deg. 43' 04" E., along the E. line of Said Sec. 27 for a distance of 657.18 ft. to the point of beginning of the line to be described; thence S. 89 degrees 11' 51" W. 2125.75 ft.; thence S. 00 degrees 42' 41" E. 153.25 ft.; thence S. 89 degrees 11' 51" W. 1113.73 ft.; thence N. 34 degrees 41' 56" W. 695.58 ft.; thence N. 00 degrees 42' 41" W. 466.00 ft.; thence N. 67 degrees 221 53 W. 1450.82 ft.; thence N. 00 degrees 33' 40 " W. 219.31 ft.; thence S. 89 degrees 11' 48" W. 317.27 ft. more or less to a point on the W. line of Sec. 27 distant 1029.01 ft. N. of the W. 1/4 corner of said section, and said line there terminating. and That part of the NE 1/4 of the SW 1/4 of Sec. 27, T. 29, R. 21 W.., City of Lake Elmo, Washington Co., MN, described in two parcels as follows: Parcel A: Commencing at the E. 1/4 corner of said Sec. 27; thence on a grid bearing of S. 00 degrees 43' 04" E., along the E. line of said Sec. 27 for a distance of 657.18 ft.; thence S. 89 degrees 11' 51" W. 2125.75 ft., thence S. 00 degrees 42' 41" E. 153.25 ft.; thence S. 89 degrees 11' 51" W. 884.73 ft. to the point of beginning; thence continuing S. 89 degrees 11' 51" W. 215.00 ft.; thence S. 00 degrees 48' 09" E. 95.00 ft.; thence N. 89 degrees 11' 51" E. 215.00 ft., thence N. 00 degrees 48' 09" W. 95.00 ft. to the point of beginning. This parcel contains 0.47 acres, more or less. Parcel B: Commencing at the E. 1/4 corner of said Sec. 27, thence on a grid bearing of S. 00 degrees 43' 04" E., along the E. line of said Sec. 27 for a distance of 657.18 ft., thence S. 89 degrees 11' 51" W. ,I 2125.75 ft., thence S. 00 degrees 42' 41" E. 153.25 ft.; thence S. 89 degrees 11' 51" W. 1113.73 ft., thence N. 34 degrees 41 ' 56" W. 695.58 ft. to the point of beginning; thence N. 00 degrees 42' 41" W. 160.00 ft., thence S. 89 degrees 17' 19" W. 95.00 ft.; thence S. 00 degrees 42' 41" E. 160.00 ft.; thence N. 89 degrees 17' 19" E. 95.00 ft. to the point of beginning. This parcel contains 0.35 acres, more or less. 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 19th day of July, 1988. Arly� Mayor • r I RESOLUTION 88-1 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 WHEREAS, Shafer Contracting Co., Inc. has applied for a Conditional Use Permit to engage in mining operations on the property described as follows: The Southwest Quarter of the Northeast Quarter of the Northeast Quarter (SW1/4 of NW 1/4 of NE 1/4) of Section Sixteen (16), Township Twenty-nine (29), Range Twenty-one (21) West. WHEREAS, Section 901.030 of the Municipal Code of hake 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. 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). 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. _ - 1 �� i.. I I I i .. i 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 will be reviewed on an annual basis, and 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 5th day of January, 1988 by the City Council of the City of Lake Elmo, Washington County, ' n. ota. Signed;r°_... j� Arlyn Christ, Mayor Attest: Mary Kueffne ting City Administrator RESOLUTION 88-2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO GERALDINE BREHEIM - BREHEIM KENNELS, FOR A DOG KENNEL IN THE R-1 ZONING DISTRICT 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; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.050B of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a dog kennel in the City of Lake Elmo; and WHEREAS, Section 1402 of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for a dog kennel at 8415 38th Street North is hereby granted to Geraldine Bresheim, 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 will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington Count! M`nnesot�.�'' Signed., �����%%%% Arlynayor Mary Ku ffnei, ing City Administrator - � � i -. '. i �. � �. _ - ,. 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 in the City of Lake Elmo, Washington County on the ,�- day of`�, Mary Kueffner Deputy Clerk \, ..N n n f � . kg RESOLUTION 88-2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO GERALDINE BREHEIM - BREHEIM KENNELS, FOR A DOG KENNEL IN THE R-1 ZONING DISTRICT 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; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.050B of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a dog kennel in the City of Lake Elmo; and WHEREAS, Section 1402 of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for a dog kennel at 8415 38th Street North is hereby granted to Geraldine Bresheim, 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 will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington Count Minnesota; Signed Arlyn Christ, Mayor Attest: r c_ Y :an � co � co c, 7s aC.'ti RESOLUTION 88-3 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 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 1.0 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, T2.9, 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, 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, subject to the following conditions: I. 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. 2. That the owners of Cimarron Park shall comply with the Cit.y's Noise Ordinance. 3. The owner shall maintain the buffer between the homes in Cimarron Park at the golf course. 4. That all mowing of the golf course shall begin at the perimeter of the course and end at the area closest to the homes-. 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. ;,, 1 i . i �. 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, the 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 will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed Arl.yn Christ, Mayor Attest: Maryary Kr. - ' g City Administrator 64gLI2962 DRAFTED BY THE CITY OF LAKE EU40 CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON } CITY OF LAKE ELMO ) I hereby certify that Resolution dog'J 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 n the City of Lake Elmo, Washington County on the day of Mary Kueffner Deputy Clerk J . _s- s � M RESOLUTION 88-3 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 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, 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, 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. 2. That the owners of Cimarron Park shall comply with the City's Noise Ordinance. 3. The owner shall maintain the buffer between the homes in Cimarron Park at the golf course. 4. That all mowing of the golf course shall begin at the perimeter of the course and end at the area closest to the homes. 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. 8 5. That Cimarron Park owners shall provide adequate off-street ^� parking, sewer facilities and solid waste disposal to serve the i patrons of the golf course. 6. That reasonable efforts will be made to accomodate, if possible, the 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 will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed / Arlyn Christ, Mayor Attest: 19 _ -C, co { \ \ RESOLUTION 88-4 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAI, USE PERMIT TO RICHARD AND EILEEN BERGMANN, COUNTRY SUN FARM FOR GREENHOUSE AND SALES LOT IN THE AGRICULTURAL ZONING DISTRICT 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 1/4 of the Northwest 1/4 of Section 1 T29N, Range 21W, at 5833 Lake Elmo Avenue North in the City of Lake Elmo from; 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. This Conditional Use Permit will be reviewed on an annual basis, and 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 5t.h day of January, 1988, by the City Council of the City of Lake Elmo, Washington County, Minnesota. J) Signed Arlyn Christ Attest: 632963 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 n the City of Lake Elmo, Washington County on the day of Mary Ky Deputy Clerk RESOLUTION 88-4 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 IN THE AGRICULTURAL ZONING DISTRICT 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 1/4 of the Northwest 1/4 of Section 1 T29N, Range 21W, at 5833 Lake Elmo Avenue North in the City of Lake Elmo from; 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. This Conditional Use Permit will be reviewed on an annual basis, and 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 5th day of January, 1988, by the City Council of the City of Lake Elmo, Washington County, Minnesota. /17 Signed Arlyn Christ Attest: RESOLUTION 88-5 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 WHEREAS, Oakdale Gun Club has applied for a Conditional Use Permit for an Outdoor Target Range on SE1/4 of SW1/4 of Section 26,T29,R21, subject to easement, located at 10386 North loth Street in the City of Lake Elmo; 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 10th Street North, Lake Elmo, Minnesota is hereby granted to Oakdale Gun Club, subject to the following conditions: 1. Fencing a. Additional fencing, if any, along the north border (common border with County Park) to be accomplished per agreement between Club and County Director of Planning. b. Fencing along east and west borders to be accomplished if and when adjacent properties are developed to the extent that fencing is necessary. A determination as to when the adjacent properties are sufficiently developed to require fencing will be made at the time of permit renewal in future years. 2. Weapons on the shotgun range shall be limited to fine shot (#6 shot) on the shotgun range. 3. There will be no expansion at the present location without an abatement to this permit. 4. The names of lead range officers and a schedule of events with the officer in charge shall be provided to the Washington County Sheriff. .:,, ,.. fi , 1 .� i �\ - _ i i - 1 I � ... i � t _. ', I � I. �.. I_ i- This Conditional Use Permit will be reviewed on an annual basis, and 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. the City Attest: ADOPTED, this 5th day of January 1988, by the City Council of of Lake Elmo, Washington County, Min°nesota.� a v '�„t..o Signed Arlvn hrist, Mayor RESOLUTION 88-6 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO HELEN MILLER FISHER FOR A PRIVATE DOG KENNEL (MEADOW MILL KENNEL) IN THE R-1 ZONING DISTRICT 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; 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, (MEADOW MILL KENNEL) 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 will be reviewed on an annual basis, and 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 5th day of January, 1988, by the City Council of the City of Lake Elmo, Washington Co�y,A M. ner. Signed: Arlyn Ohrist, Mayor i Attest: ?V" Mary of er, ct' City Administrator 34ZI DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA } _ COUNTY OF WASHINGTON ) CITY OF LAKE EL240 ) I hereby certify that Resolution AP -(a 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 n the City of Lake Elmo, Washington County on the ,� day ofC%�• Mary Kueffner Deputy Clerk a ; � Cl t � 1 ti f \ u l RESOLUTION 88-6 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO HELEN MILLER FISHER FOR A PRIVATE DOG KENNEL (MEADOW MILL KENNEL) IN THE R-1 ZONING DISTRICT WHEREAS, Helen Miller Fisher has applied for a Conditional Use Permit for a private dog kennel on Lots 23-23 of Bordner -Garner Gla' Farmettes at 8139 38th Street North in the City of Lake Elmo; and has 0 submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.050E 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, (MEADOW MILL KENNEL) 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 will be reviewed on an annual basis, and 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 5th day of January, 1988, by the City Council of the City of Lake Elmo, Washington Co __y, Minnesot ti�Q Signed: Arlyr. Christ, Mayor Attest: �` �L���nc'i✓ Mary IuefVner,` ct' City Administrator �o co a C = RESOLUTION 88-7 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO RAY SWANSON - OAKWOOD ANIMAL HOSPITAL FOR VETERINARY CLINIC, ANIMAL HOSPITAL, CREMATORY AND DOG POUND IN THE AGRICULTURAL, ZONING DISTRICT 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 follow:: 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 continu 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 34t.h Street North in the City of Lake Elmo); and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D.I.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, subject to the following conditions: 1. The owner may sell pet supplies, drugs and kennel supplies as an accessory to this use. This Conditional Use Permit will be reviewed on an annual basis, and 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 5t.h day of January 1988, by the City Council of the City of Lake Elmo, Washington Count,, Minnesot ',YJ] � I, PS ; Signed Arl.yn 6h ist, Mayor Attest: 4 .. / �. .� i . r 1 � '. I � � i I �. � i � 1 — i ��� �.. n � I _ ., �. I /.{ l 632965 DRAFTED BY THE CITY OF LAKE EU40 CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE EL140 ) 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 in the City of Lake Elmo, Washington County on the ,6-10_ day of Mar�ff n e Deputy Clerk \;j f ji.. �' SA (. RESOLUTION 88-7 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO RAY SWANSON - OAKWOOD ANIMAL HOSPITAL FOR VETERINARY CLINIC, ANIMAL HOSPITAL, CREMATORY AND DOG POUND IN THE AGRICULTURAL ZONING DISTRICT 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 continu 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); and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D.l.b. (7) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate 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, subject to the following conditions: 1. The owner may sell pet supplies, drugs and kennel supplies as an accessory to this use. This Conditional Use Permit will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington County-, Minnesoti. Signed ,: /? Arlyn Christ, Mayor Attest: �/ /C�� , �AcyY}�q City Administrator RESOLUTION R88-8 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO DONALD TAUER FOR ANIMAL INN, A PUBLIC DOG KENNEL IN THE AGRICULTURAL ZONING DISTRICT 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 34th Street in the City of Lake Elmo, a.nd has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070D 1.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, subject to the following conditions: 1. There shall be no more than 1.17 dogs in the kennel at any time. 2. The Owner shall maintain a Perpetual Trust Fund for care of the pet cemetery. 3. The owners shall maintain parking facilities for 100 cars. This Conditional Use Permit will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington Count , Minnesota Signed / Arlyn-Christ, Mayor Attest: 1A� ���fQ- �A✓ __ Mary ue ner, A g City Administrator RESOLUTION R88-9 CITY OI' 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 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; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070D 1.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 a public dog kennel and training school at 8633 34th Street North is hereby granted to Charles Anderson subject to the following conditions: 1.. The Owner shall maintain care of the pet cemetery. 2. The owners may operate an at this location. 3. The owners shall maintain 100 cars. a Perpetual Trust Fund for Obedience Training School parking facilities for This Conditional Use Permit will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington County inneso��a,, Signed / -1 r 6��'i1ce.s_ ..-." Arlyn Christ, Mayor Attest: ( P %,1i1✓ Mary Ku fne , ing City Administrator (i RESOLUTION 88-10 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT. TO RUBEN LAUSENG - LAUSENG STONE, FOR OPEN SALES LOT IN THE AGRICULTURAL ZONING DISTRICT WHEREAS, Ruben Lauseng has applied for a Conditional Use Permit for an Open Sales Lot: on 87A-N.1/2 of NE1/4 of Section 3, T29, R21, (Page 19, 1983 Assessment Book) at 9591 60th Street North in the City of Lake Elmo; 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, 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 cams parked on the site. This Conditional Use Permit will be reviewed on an annual basis, and 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. r r� f ADOPTED, this 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington County,rMinnesotaa Signed `- Arlyn Christ, Mayor Attest.: 63296.6 DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution .Pf/0 is a true and correct copy of a resolution presented to and adapted by the City Council of the City of Lake Elmo at a meeting thereof held n the City of Lake Elmo, WashingtonCounty � day of � / %�� Mary effner Deputy Clerk • Ev , ADOPTED, this 5th day of January 1988, by the City Council t Minnesota of the City of Lake Elmo, Washington Coun , Signed a Arly Christ, Mayor Attest: Qj c r � a RESOLUTION 88-11 CITY OF LAKE ELMO 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 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 12, at 10824 Hudson Boulevard in the City of: Lake Elmo; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D.l.b. (5) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate an Open Sales Lot in the City of Lake Elmo; and, WHEREAS, Section 301.1.30 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, 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 will be reviewed on an annual basis, and 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 5th day of. January, 1988, by the City Council of the City of Lake Elmo, Washington Count innesot Signed �z �� ..- .,.,.,a_•. r Arl.yn (Christ, Mayor Attest: (/ f ry ue ne , C A ministrator -; ,. i DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTO:J ) -- CITY OF LAKE EL140 ) 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 treof hel n the City of Lake Elmo, Washington County on the day of Mary Kueffner� `t' "— Deputy Clerk �7 �'tl IS u, 0 RESOLUTION 88-11 CITY OF LAKE ELMO 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 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 12, at 10824 Hudson Boulevard in the City of Lake Elmo; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D.l.b. (5) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate an Open Sales Lot in the City of Lake Elmo; and, WHEREAS, Section 301.130 C., D., E., F.and G. of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and WHEREAS, the applicant meets or exceeds all the conditions set forth above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for an Open Sales Lot at 10824 Hudson Boulevard is hereby granted to Leonard Hanson - Rockin L Sales, 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 will be reviewed on an annual basis, and 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 5th day of January, 1988, by the City Council of the City of Lake Elmo, Washington Count innesot Signed Arlyn Christ, Mayor Attest: L/ l; �I Mary e ne , k-,bP -CIM, strator C "C -n co a Q�.r7 C-0 3C r I RESOLUTION 88-12 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO R.J. O'NEIL FOR VALI-HI DRIVE IN THEATRE IN THE GENERAL BUSINESS ZONING DISTRICT WHEREAS, R.J. O'Neil has applied for a Conditional Use Permit for a drive ---in theatre on the SW1/4, SW1/4 of Section 36, T29, R21, except. the S 219.5 feet of the E. 847.7 feet thereot,(for which a site layout is on file with the City Clerk) at 11260 Hudson Boulevard in the City of Lake Elmo; 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, 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 will be reviewed on an annual basis, and 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 5t.h day of January 1988, by the City Council of the City of Lake Elmo, Washington County, Minnesota: Signed/ Arlyn�Christ, Mayor Attest: Mary Kuef`ner, A t ng City Administrator .! t ,; �, i' 32968 DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution e-/ 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 heldIgn the City of Lake Elmo, Washington County on the day of Mar,�fner Deputy Clerk 'a �A. t RESOLUTION 88-12 _ CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO R.J. O'NEIL FOR VALI-HI DRIVE IN THEATRE IN THE GENERAL BUSINESS ZONING DISTRICT WHEREAS, R.J. O'Neil has applied for a Conditional Use Permit for a drive-in theatre on the SW1/4, SW1/4 of Section 36, T29, R21, except the S 219.5 feet of the E. 847.7 feet thereo£,(for which a site layout is on file with the City Clerk) at 11260 Hudson Boulevard in the City of Lake Elmo; 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 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, 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 will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington Counjy,innesota,'; ( Signed �� ` Arlyn=Christ, Mayor Attest: �:tng �,��Mary Kuef ner, ACity Administrator C,,3LO co LO Lii g� �/ry'`'jd��• C 0 RESOLUTION 88-13 CITY OF LAKE. ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO HOWARD SPRINGBORN AND GAYLEN SPRINGBORN •- GREEN ACRES, INC. FOR COMMERCIAh RECREATION OF A RURAL NATURE IN THE, AGRICULTURAL ZONING DISTRICT WHEREAS, Howard and Gaylen Springborn have applied for a Conditional Use Permit for Commercial Recreation of a Rural Nature; 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 153.1.4 ft thence NWLY along sd c/l. & 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/1 & 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.l.b. (4) of the Municipal Code of. Lake Elmo requires a Conditional Use Permit to operate a Commercial Recreation of a Rural Nature in the City of Lake Elmo; and, WHEREAS, Sections of the ZONING ORDINANCE of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and WHEREAS, the 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, subject to the following conditions: 1. This permit provides for a tube slide and ski hill with lift, ice skating, sleigh rides and hay rides and paddle boats on the lake only. 2. The speakers shall be directed so as not to disturb adjacent neighbors. s ._ - I G �. J\ �, I _ - i i I .. f '� i _ ". - i � _ ', � 1 � � _ .. / ' . ... i i � ', .,. i � _ ,, - 1 I i, I I. i. .. _ � i� �� � I' 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 will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington Coun'42,innes� �.�`. Signed / Arlyn Christ, Mayor Attest:.�� Mary Ku fne , gIng City Administrator r� I fi32969 DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) _ COUNTY OF WASHINGTON ) CITY OF LAKE EL140 ) I hereby certify.that Resolution - /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 n the City of Lake Elmo, Washington County an the day of Maryufrun�Af7R Deputy Clerk ti A \�x L RESOLUTION 88-13 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 AGRICULTURAL ZONING DISTRICT WHEREAS, Howard and Gaylen Springborn have applied for a Conditional Use Permit for Commercial Recreation of a Rural Nature; 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 Sl/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/1 & 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.l.b. (4) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a Commercial Recreation of a Rural Nature in the City of Lake Elmo; and, WHEREAS, Sections of the ZONING ORDINANCE of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and WHEREAS, the 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, subject to the following conditions: 1. This permit provides for a tube slide and ski hill with lift, ice skating, sleigh rides and hay rides and paddle boats on the lake only. 2. The speakers shall be directed so as not to disturb adjacent neighbors. 3. The operation shall be cldsed 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 will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington Coun innes Signed Arl�hrist, Mayor Attest: �� Aryue•fne , ng City Administrator m co -73 tZ LZ RESOLUTION 88-14 CITY OF LAKE ELMO 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 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 systems potential need for additional parking spaces on the five (5) acre site and other applicable code requirements. i 1 i �. - i _ �. . � �. - i .. 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.l.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 subject to the following findings and conditions: 1. All of the landower's contiguous real estate (40 acres) is zoned agi_cultural and. would be included in the granted CUP. 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 .Tune 2, 1.987. 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 adequate to screen the 5-acre to be specified by the City. submitted and determined to be site within a time period 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. This Conditional Use Permit will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: Arlyn Christ, Mayor Attest: Mary Yue,ffnO, ng City Administrator 6329 i0 DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE EL140 ) I hereby certify that Resolution goo-/`/ 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 t reof held An the City of Lake Elmo, Washington County on the �,5'�g day of , /96f' , Mary K/*�' Deputy Clerk RESOLUTION 88-14 CITY OF LAKE ELMO 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 WHEREAS, Howard Gelb has applied for a Conditional Use Permit under Section 301.070 D.l.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 systems potential 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.l.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 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. 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. This Conditional use Permit will be reviewed on an annual basis, and 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 5th day of January 1988, by the City Council of .the City of Lake Elmo, Washington County, Minnesota. Signed: Arlyn Christ, Mayor Attest: Mary kue4ytne, 6pping City Administrator. c a n . m a5 "� RESOLUTION 88-16 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 appl.ied 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 2.54.6 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 28, 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 21 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.I.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 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.l..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 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, 1.995. The planting of such natural 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. ��.: I %.. } _. �. � � '. � I : � i i .. .. F __ 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. This Conditional Use Permit will be reviewed on an annual basis, and 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 by the City Council of the City of Lake Elmo this 5th day of January, 1988. Arlyn Christ, Mayor Attest: Mary K -eff.er, ctr ity Administrator i�i - � r �. I F . i - - � .. _'. t I _ i_ _: 6129 fl DRAFTED BY THE CITY OF LAKE EL140 CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE EL240 ) 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 in the City of Lake Elmo, Washington Coun/�e 5""C day of, `� Mary Ku�r Deputy Clerk RESOLUTION 88-16 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 28, 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 21 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 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.l.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 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 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. B. 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. This Conditional Use Permit will be reviewed on an annual basis, and 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 by the City Council of the City of Lake Elmo this 5th day of January, 1988. Arlyn CITrist, Mayor A*4-.�+-. l c> _+ 721 to M W '•�'ci o�d• till 4 C �i RESOLUTION 88-17 A RESOLUTION FOR THE CITY OF LAKE ELMO REGARDING THE DETACHMENT OF PART OF SECTION 32 WHEREAS, the City of Lake Elmo, Washington County, is a statutory city, existing and authorized pursuant to the laws of the State of Minnesota; and WHEREAS, there has been submitted by certain land owners within the City of Lake Elmo, a petition for the concurrent Detachment and Annexation of their property from the City of Lake Elmo to the City of Oakdale pursuant to Minnesota Statutes 414.061, Subdivision 5; and WHEREAS, those lands being sought for detachment are a vital portion of the future planning for potential commercial development of the contiguous area known as the City of Lake Elmo; and WHEREAS, the sewer connection which the City of Oakdale would have to access for services to the proposed annexed land is located within the City of Lake Elmo; and WHEREAS, the detachment of said land would result in the loss of current and future tax revenue for the City of Lake Elmo; and WHEREAS, the granting of said petition could result in the precedent of piecemeal annexation of these lands and any others currently within the City of Lake Elmo; and WHEREAS, there has been no official communication between the Cities of Lake Elmo and Oakdale regarding the issue raised by said petition; NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo is opposed to the granting of said petition, and FURTHER, that the City Council for the City of Lake Elmo feels that it is not in the best interest of the citizens of Lake Elmo that said petition be granted; and FURTHER, that the staff is directed to gather such evidence as is necessary to oppose said petition and appear and represent the City of Lake Elmo at the Municipal Hoard hearing scheduled for March 29, 1988, at 10:00 A.M. in the City Council Chambers for the City of Lake Elmo. Adopted by the City Council of the City of Lake Elmo this 1.5th day of March, 1988. Signed: �- ArlyngChrist, Mayor Attest: RESOLUTION 88- 18 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 1988 M.S.A. IMPROVEMENTS AND ORDERING ADVERTISEMENT FOR BIDS. 47th STREET N. FROM KIMBRO AVE. N. TO KEATS AVE N. WHEREAS, pursuant to Resolution 87-43, passed by the City Council on May 19, 1987, the City Engineer has prepared plans and specifications for the 1988 M.S.A. Improvement Project and presented such plans and specifications to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof are hereby approved. 2. The City Clerk shall declare and cause to be inserted in the official City newspaper and such other publications as shall be deemed appropriate an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published, shall specify the work to be done, shall state that bids shall be opened on May 12, 1988 at 10:00 a.m. in the Lake Elmo City Council Chambers and shall be considered by the City Council at 7:00 p.m. on May 17, 1988 in the Council Chambers of the Lake Elmo City Hall. 3. No bid shall be considered unless signed and sealed with the Clerk and accompanied by a cash deposit, cashiers check, bid bond or certified check payable to the Clerk for 5% of the amount of such bid. Adopted by the City Council of the City of Lake Elmo this 19th day of April, 1988. 64L" d Arlyn Chr'st, Mayor Attest: ?Nft . Mary KIxetfft-6h/,,Deputy City Clerk �.. ;. f. - - �,: 5 RESOLUTION 88-19 A RESOLUTION APPROVING THE, FINAL PLAT OF DOWNS LAKE ESTATES WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved a preliminary plat for Downs Lake Estates; and, WHEREAS, the Lake Elmo Planning Commission reviewed a final plat for the development known as Downs Lake Estates at its April 25, 1988 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 Downs Lake Estates as the same as on file with the City Administrator subject to the following conditions: 1. A Park Dedication fee in the amount of $250 for the newly created 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. 2. The final plat. for Downs Lake Estates be recorded with Washington County within 120 days of approval. ADOPTED by the Lake Elmo City Council this 3rd day of May, 1988. Signed: Arl.yn Christ, Mayor 1 4^ F � - .. I - � �. � . i v. 1 ..�. � .. r � I 'I ... it i i � f� �;: DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that the attached Resolution 88-19 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 Minnesota on the 3rd day of May, 1988. (seal) X RESOLUTION 88-20 ING TO PARKING RESTRICTIONS ON 47TH STREET S.A.P. 206-104-02 from Keats Avenue to Kimbro Avenue in the City of Lake Elmo, Minnesota. THIS RESOLUTION, passed this 17th day of May, 1988, by the City of Lake Elmo in Washington County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City" has planned the .improvement of MSAS 104 (47th Street) from Keats Avenue to Kimbro Avenue, and WHEREAS, the "City" will be expending Municipal State Aid Funds on the improvement of this Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City", has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City" shall restrict the parking of motor vehicles on the south side of MSAS 104 (47th Street) between 600 feet east of Keats Avenue to 800 feet east of Keats Avenue, at all times. Dated this 17th day of May, 1988. � j� aL4,M-Y Ar.lyn Christ, Mayor f. rj f, . - : � � 1 -1 RESOLUTION 88-21 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AWARDING THE 1988 MSA STREET IMPROVEMENT CONTRACT TO DANNER, INC. WHEREAS, pursuant to Resolution 88-18, passed by the Lake Elmo City Council on April 19, 1988, the City Engineer has advertised for bids for the 1988 MSA Street Improvement Project; and, WHEREAS, the City Engineer received and opened the sealed bids on May 12, 1988 at 10:00 a.m. in the Lake Elmo City Council Chambers; and WHEREAS, the City Engineer has reviewed the bids for compliance to the plans and specifications and recommends awarding the contract to the low responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that upon approval of the State Department of Transportation, the 1988 MSA Street Improvement Contract be awarded to Danner, Inc. in the amount of $99,673.15. ADOPTED THIS 2.Oth day of May, 1988 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed:�yn lyn CYfrist, Mayor Atte RESOLUTION 88-22 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING ELECTION OF PATRICIA MORRISON TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION WHEREAS, Patricia Morrison has notifed the City Council of her election to be excluded from membership in the Public Employees Retirement Association and has provided this Council with a copy of her written election to do so all as authorized by Minnesota Statutes 353.028. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The Council makes the following findings: (a) Patricia Morrison is the City Administrator of the City of Lake Elmo, Minnesota. (b) That petition is provided for in the ordinances of the City of Lake Elmo. (c) She was duly appointed to serve in that position effective May 16, 1988. (d) The City Administrator is the chief administrative officer of the City of Lake Elmo. (e) Acting under Minnesota Statutes 353.028, she has elected to be excluded from membership in the Public Employees Retirement Association, effective upon her filing such election with the Executive Director of that association. (f) In making this election, she has agreed that she will not at any time in the future seek any authorization to purchase service credit for any period of excluded service. She has further agreed that this election is irrevocable. 2. Said election is therefore approved. 3. A certified copy of this Resolution will be provided to the Executive Director of said association. ADOPTED THIS 17th day of May, 1988 by the City Council of the City of Lake Elmo, Washington County, Minnesota. //�� i Signed: �" L M Arlyn Chr' t, Mayor RESOLUTION 88-23 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A DEFERRED COMPENSATION PLAN WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees services the interests of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the Employer desires that the investment of funds held under its deferred compensation plan be administerd by the ICMA Retirement Corporation, and that such funds be held by the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their deferred compensation plans and money purchase retirement plans; NOW, THEREFORE, BE IT RESOLVED that the Employer hereby executes the Declaration of Trust of the ICMA Retirement Trust attached hereto as Appendix B. BE IT FURTHER RESOLVED that the City Administrator shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. ADOPTED, this 7th day of June, 1988.by the City Council of the City of Lake Elmo, Washington County, Minnesota. Attest: Signed 6Z-4,v, Arlyn C ist, Mayor is YkO_�sbrl, City Administrator %Original as in your file RESOLUTION 88-24 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, a resolution of the City Council adopted the 17th day of May, 1988 fixed a date for a Council hearing on the following proposed improvements by overlays: Hilltop Avenue (including renovation of blacktop curb where necc.) 36th Street from Jamaca Avenue to Irwin Avenue 37th Street from Irwin Avenue to 200+ east Legion Avenue from 30th Street to the south 27th Street, 28th Street, Ironwood Trail, and Irish Avenue within Tablyn Park Addition 27th Street and 27th Court within Tablyn Park 2nd Addition Klondike Avenue from TH5 to 33rd Street 33rd Street from Klondike Avenue to Lake Elmo Avenue WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon the 7th day of June, 198$, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. said improvement is hereby ordered as proposed in the Council resolution adopted May 17, 1988. 2. TKDA is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. ADOPTED, this day of , 1988 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: C..i+-.� Arlyn C ist, Mayor Attest Patricia Mor,r'so ity Administrator 0 RESOLUTION NO. 88-25 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursuant to a motion of the City Council on May 17, 1988, a report has been prepared by Larry Bohrer of TKDA, with reference to the improvement of 43rd Street and Kimbro Avenue, by reconstruction, and that this report was received by the Council on June 7, 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minn. Statutes, Chapt. 429, at an estimated total cost of the improvement of $364,000.00 (including MSA funding); 2. A public hearing shall be held on such proposed improvement on the 21st day of June, 1988, in the Council Chamber of the City Hall at 7:30 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED, this day of1988 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: d4jIt'. Ll� Arlyn ClUrist, Mayor Attest , Patricia MoV'ison, ity dministrator 7.0 _ _ - I_- � i' RESOLUTION 88- 26 Revoking Municipal State Aid Street designation on Kimbro Avenue North (47th Street North to 50th Street North) and 50th Street North (Kimbro Avenue North to CSAH 17) WHEREAS, those road segments listed above do not function as collector streets within the City of Lake Elmo, and WHEREAS, Municipal State Aid construction funds have not been expended on those road segments, and WHEREAS, the City of Lake Elmo desires to revoke the Municipal State Aid Street designation from those street segments. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Lake Elmo does hereby revoke the Municipal State Aid Street designation from Kimbro Avenue North (47th Street North to 50th Street North) and from 50th Street North (Kimbro Avenue North to CS AH 17) . Dated this 7th day of June, 1988. ATTEST: Ctty�Cl erl City of Lake Elmo, Minnesota J-4-� CAA.Ij Mayor DRAFTED BY CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that the attached Resolution 88-26 is a true and correct copy of a Resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County Minnesota on the 7th day of June, 1988. (seal) RESOLUTION 88- 27 Designating as Municipal State Aid Street Kimbro Avenue North (43rd Street North to 47th Street North) and 43rd Street North (Kimbro Avenue North to CSAH 17) WHEREAS, those road segments listed above are designated as collector streets in the Ci ty's Thoroughfare Plan,- and WHEREAS, the City of Lake E I mo desires to designate these streets as Municipal State Aid Streets. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Lake E I mo does hereby designate as Municipal State Aid Streets, Kimbro Avenue North (43rd Street North to 47th Street North) and 43rd Street North (Kimbro Avenue North to CSAH 17) . Dated th I s 7th day of J une, 1988. ATTEST: Ci ty XI erk City of Lake E I mo, Minnesota J-t�� cA IV Mayor _� ,..�.- CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that the attached Resolution 88-27 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 Minnesota on the 7th day of June, 1988. (seal) RESOLUTION 88-28 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, pursuant to resolution of the council dated May 17, 1988, a report has been prepared by Larry Bohrer, of TKDA, consulting engineer, with reference to the improvement of Kimbro Avenue North, from 47th Street North to 43rd Street North, and 43rd Street North, from Kimbro Avenue North to Lake Elmo Avenue North (CSAH 17). WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon the 21st day of June, 1988, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOVLED, BY THE CIY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted on June 7, 1988; and 2. Larry Bohrer, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. ADOPTED, this 21st day of June, 1988 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: a4..-( . 6" Arlyn Ch di st, Mayor f RESOLUTION NO. 88-29 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPOINTING FRANK LANGER AS ASSESSOR FOR THE CITY OF LAKE ELMO WHEREAS, Frank Langer has provided assessment services to the City of Lake Elmo; and, WHEREAS, Frank Langer wishes to provide assessment services to the City for one-fourth of the total number of tax parcels in the City of Lake Elmo on an annual re -occurring basis; and WHEREAS, these assessment services will be provided at a per parcel rate of $4.35 for 1989, and thereafter at a cap of $.50 (fifty cents) under the prevailing Washington County per parcel rate; and WHEREAS, the term of appointment shall be effective until such time as the City Council, or Frank Langer, wishes the termination of such services by a 30 day written notice. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that Frank Langer is hereby appointed as the City Assessor, under the terms and conditions as outlined in this Resolution. ADOPTED, by the City Council of the City of Lake Elmo this 19th day of July, 1988. Signed: At Arlyn_ hrist, Mayor RESOLUTION 88 30 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, 19877 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 General Fund Park Debt Service of 1976 Closed Bond Fund Infrastructure Water Fund Sewer Fund Park Capital Project Fund MSA EPA Grant Fund Pass Thru Totals DUE FROM DUE TO OTHER FUNDS OTHER FUNDS $ 1,429.23 20,565.83 4,140.44 58,991.75 1,314.43 784.57 2,410.18 $ 81,956.57 795.70 656.88 3,836.82 2,880.94 $ 90,126.91 $ 90,126.91 ADOPTED, this 19th day of July, 1988, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: Arlyn Ch ist, Mayor AIT c atricia M r 'so , City Administrator CITY OF LAKE ELMO, MINNESOTA INTERFUND AUDIT ADJUSTMENTS December 31, 1987 1 Fund No. Description 301 Refunding Bonds of 1976 404 Park Acquisition Fund 601 Water Fund 602 Sewer Fund 101 General Fund 305 Closed Bond Fund 402 MSA 406 EPAGrant 601 Water Fund To allocate Interest earnings 301 Refunding Bonds of 1976 305 Closed Bond Fund 401 Infrastructure Replacement Reserve Fund 601 Water Fund 101 General Fund To allocate tax collection 305 Closed Bond Fund 101 General Fund 402 MSA To allocate assessment collections 101 General Fund 301 Refunding Bonds of 1976 305 Closed Bond Fund To allocate 1987 due from county 803 Developers Deposits 101 General Fund - To allocate engineering costs 101 General Fund 406 EPA Grant Fund To allocate 201 project costs k' Exhibit 6 Due From Due To Other Funds Other Funds $3,673.02 2,410.18 1,300.78 784,57 $2,996.57 28835 2,267:69 2,615.94 . 16,892.81 2,262.86 58,991991.7575 13.65 78,161.07 1,877.58 308.45 1,569.13 1,164.23 795.70 368.53 490.48 490.48 265.00 265.00 $90,126.91 $90,126.91 RESOLUTION 88-31 A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO WILL AND MARY TURNBLADH WHEREAS, Will and Mary Turnbladh have made application to the City of Lake Elmo for a Large Lot Subdivision of a parcel of land located in said City into two tracts legally described as follows: Parcel A All that part of the Southeast Quarter of the Southeast Quarter of Section 1, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Beginning at the southwest corner of said Southeast Quarter of the Southeast Quarter, thence North 88 degrees 14 minutess 01 seconds East, assumed bearing, along the southerly line thereof 320.00 feet; thence North 01 degree 11 minutes 04 seconds West, parallel with the westerly line of said Southeast Quarter of the Southeast Quarter 890.00 feet; thence North 88 degrees 48 minutes 59 seconds East 148.00 feet; thence North 01 degree 11 minutes 01 seconds West, parallel with said westerly line 426.68 feet, more or less, to the northerly line of said Southeast Quarter of the Southeast Quarter; thence westerly along said northerly line to the northwest corner thereof; thence southerly along said westerly line to the point of beginning. Containing 11.11 acres, more or less. Subject to an easement for roadway and utility purposes, over, under and across the South 33.00 feet thereof. Subject to and together with any other valid easements, reservations and restrictions. Together with an easement for driveway and utility purposes over, under and across a strip of land 40.00 feet in width being 20.00 feet on either side of the following described centerline: commencing at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 1, Township 29 North, Range 21 West, Washington County, Minnesota, thence North 88 degrees 14 minutes 01 seconds East, assumed bearing, along the southerly line thereof 653.15 feet to the point of beginning of the centerline being described; thence North 00 degrees 54 minutes 04 seconds West along said centerline 753.27 feet; thence North 14 degrees 49 minutes 39 seconds East along said centerline 83.81 feet; thence North 71 degrees 48 minutes 17 seconds West along said centerline 265.00 feet to the end of the centerline being described. Parcel B All that part of the Southeast Quarter of the Southeast Quarter of. Section 1, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Commencing at the southwest corner of said Southeast Quarter of the Southeast Quarter, thence North 88 degrees 14 minutes 01 seconds East, assumed bearing, along the southerly line thereoft 320.00 feet to the point of beginning of the parcel being described; thence North 01 degree 11 minutes 01 seconds West, parallel with the westerly line of said Southeast Quarter of the Southeast Quarter 890.00 feet; thence North 88 degrees 48 minutes 59 seconds East 148.00 feet; thence North 01 degree 11 minutes 01 seconds West, parallel with said westerly line 426.68 feet, more or less, to the northerly line of said Southeast Quarter of the Southeast Quarter, thence easterly along said northerly line to the northeast corner thereof; thence southerly along the easterly line of said Southeast Quarter of the Southeast Quarter to the southeast corner thereof; thence westerly along said southerly line to the poin of beginning. Containing 28.91 acres, more or less. Subject to an easement for roadway and utility purposes over, under and across the South 33.00 feet thereof. Subject to and together with any other valid easements, reservations and restrictions. Subject to an easement for driveway and utility purposes over, under and across a strip of land 40.00 feet in width being 20.00 feet on either side of the following described centerline: commencing at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 1, Township 29 North, Range 21 West, Washington County, Minnesota, thence North 88 degrees 14 minutes 01 seconds East, assumed bearing, along the southerly line thereof 653.15 feet to the point of beginning of the centerline being described; thence North 00 degrees 54 minutes 04 seconds West along said centerline 753.27 feet; thence North 14 degrees 49 minutes 39 seconds East along said centerline 83.81 feet; thence North 71 degrees 48 minutes 17 seconds West along said centerline 265.00 feet to the end of the centerline being described. WHEREAS, it appears the above described land was not at the time of the application separately described parcels of record; and WHEREAS, there does not appear to be any reason related to public health, safety and welfare which would require a denial of this Large Lot Subdivision; and WHEREAS, the Lake Elmo Planning Commission considered the proposed Large Lot Subdivision at a public hearing on July 11, 1988; and WHEREAS, there was no person at this public hearing who spoke against this Large Lot Subdivision; and WHEREAS, the Planning Commission recommended unanimously that the Lake Elmo City Council grant this Large Lot Subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The application of Will and Mary Turnbladh for a Large Lot Subdivision is hereby granted provided that: (1) The applicant's pay a park dedication fee in the amount of $250 for the newly created lot. ADOPTED by the City Council of the City of Lake Elmo this 19th day of July, 1988. Signed: ArlyniChrist, Mayor DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE EL240 ) 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 in the City o/f/ Lake Elmo, Washington County on the lq'' day of , , , i ' . Mary Kueffner Deputy Clerk RESOLU TION N0. 88-32 if ago CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITONAL USE PERMIT TO LINDER'S HOLDING COMPANY (d/b/a Linder's Greenhouses, Inc.) TO ALLOW CONSTRUCTION OF GREENHOUSES WHEREAS, Linder's Greenhouses Inc., (Robin D. Linder) has applied for a Conditional Use Permit, under Section 301.070 D.b. (1), of the Lake Elmo Zoning Code, to construct a 29,000 square foot greenhouse structure, and a 7,250 square foot steel pole building, on property generally located south of 15th Street, between Inwood Avenue North and Keats Avenue North, said property being legally described as: The N 1/2 of the SW 1/4 of Section 27, Township 29 North, Range 21 West, Washington County, Minnesota, except that part thereof conveyed to Washington County on 9-30-75 and on 7-19-83, said excepted part lying easterly and northerly of the following described line: Commencing at W 1/4 of corner of said Section 27; Thence N 89 deg. 11 min 37 sec. E along the North line of said N 1/2 of the SW 1/4, 1651.46 feet to the point of beginning; Thence S 0 deg. 42 min. 52 sec. E., 73.02; Thence S 89 deg. 17 min. 08 sec. W, 95.00 feet; Thence S 0 deg. 42 min. 52 sec. E, 160.00 feet; Thence N 89 deg. 17 min. 08 sec. E, 95.00 feet; Thence S 34 deg. 42 min. 07 sec. E. 695.58 feet; Thence N 89 deg. 11 min. 40 sec. E. 14.00 feet; Thence S 0 deg. 48 min. 20 sec. E, 95.00 feet; Thence N 89 deg. 11 min. 40 sec. E. 215.00 feet; Thence N 0 deg. 48 min., 20 sec. W, 95.00 feet; Thence N 89 deg. 11 min. 40 sec. E, 373.66 feet to the E line of said N. 1.2 of the SW 1/4 and there terminating; subject to existing rights -of -way and easement of record, and reserving from the above described parcel, over a strip of land 20.00 feet in width lying adjacent to and North of the North line of the SE1/4 of the SWI/4 of said Section 27, and easement for an equestrian and pedestrian trail without hard surface; said trail easement being reserved exclusively to Seller for future disposition. WHEREAS, the applicant has applied for and received an application for rezoning the aforementioned property from Rural Residential to Agriculture; and, WHEREAS, the Zoning Code, under Section 301.070 D.b. (1) permits greenhouses, in an Agricultural Zoning Distridt,under a Conditional Use Permit; and, WHEREAS, it appears that this applicant has met the requirements of Section 301.070 D.b. (1), and that the proposed use is in conformity with that provision, as well as the City's other ordinances and the Comprehensive Plan; and, _ �T• '. �, ,_ „. _ ,r, �, WHEREAS, the Planning Commission, at its meeting of July 11, 1988, recommended Council approval of this Conditional Use Permit, _i subject to the applicalt complying with the following conditions: (1) The approval, granted under this resolution, shall be limited to the proposed Stage I Construction consisting of a 2.9,000 square foot greenhouse structure and a 7,250 square foot steel pole building; any proposed expansion hereafter, on this site, shall be subject to Planning Commission and City Council review and approval; (2) Retail sales shall not be permitted on the site; (3) Adequate drainage and/or ponding on the site shall be provided, in accordance with the recommendations of the City Engineer, and in conformance with the current Lake Elmo Codes, Ordinances and one percent rule as to rate and volume. (4) The applicant shall comply with the following landscaping requirements: (a) On the entire length of the north and west property boundaries, three staggered rows of evergreen trees, being two to four feet in height, shall be planted and maintained to provide a buffer to adjoining properties; and, (b) Shrubbery shall be planted around the identification signage, at the entry to the property, to buffer from affected surrounding properties; the identification sign shall not exceed square footage of 3' x 6' in size. (5) Lighting, on the site, and for the greenhouse, shall conform to existing City Code lighting standards and requirements, as set forth in Section 1508 of the code; all lighting shall be shielded to diffuse lighting from surrounding properties. (6) The applicant, under this Conditional Use Permit for Stage I, shall be limited to the construction of one 2000 square foot accessory structure for uses, as permitted by Code, other than those uses directly affiliated with the operation of the greenhouse. (7) No use allowed under this Conditional Use Permit shall cause pollution nor shall any hazardous materials be stored on the site, other than those required for operation of said greenhouse. NOW, THEREFORE, be it resolved by the City Council of the City of Lake Elmo: That a Conditional Use Permit, for construction of a 29,000 square foot greenhouse structure and a 7,250 square foot steel pole building, is hereby granted to Linder's Holding Co. (d/b/a Linder's Greenhouses, Inc.) on the site heretofore legally described, contingent upon the applicant meeting the conditions set forth in one through seven as outlined above. ADOPTED, by the City Council of the Ctiy of Lake Elmo this 19th day of July 1988. Signed Atte ]gist, Mayor RESOLUTION NO. 88-33 RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR PRIMARY ELECTION OF SEPTEMBER 13, 1988 AND GENERAL ELECTION OF NOVEMBER 8, 1988 WHEREAS, Election polling places shall be designated by the City Council, in accordance with statutory requirements; and, WHEREAS, according to State Statute, a list of Election Judges must be submitted to the City Council for approval by Council Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA, the following Polling Places are hereby designated as the polling places for the September 13, 1988 Primary Election, and the November 8, 1988 General Election: Precinct Polling Place Precinct I & II Lake Elmo Fire Station No. I said Polling Places shall remain open between the hours of 7:00 a.m. and 8:00 p.m. on the respective Election dates; and, BE IT FURTHER RESOLVED, That the attached listing of persons are hereby appointed. as the Election Judges to serve during the Primary Election of September 13, 1988, and the General Election of November 8, 1988. ADOPTED, this 2nd day of August, 1988, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: nr4a �p l' v Arlvntr Mayor ELECTION JUDGES FOR SEPTRMBER 13 PRIMARY AND NOVEMBER 8 GENERAL ELECTION PRECINCT 1 PRECINCT 2 HEAD JUDGE: HEAD JUDGE: Betty Michels Nancy Hansen 8740 Stillwater Blvd 8024 Hill Trail N. 771-3048 777-4911 Democrat Republican ELECTION JUDGES: Jim Beers 3235 Lake Elmo Ave 777-7338 Democrat Carol Crimmins 11090 32nd St. N. 777-1620 Democrat Lou Wohlberg 19 Cimarron 436-6051 Republican Delores Radman 3014 Jamley Avenue 777-7082 Democrat Willard Griffin 2835 Lake Elmo Ave. 777-7356 Democrat ELECTION JUDGES: Vicki Nielsen 9498 Stillwater Blvd. 777-3713 Democrat Maxine Dickhausen 8247 Demontreville Tr. N. 777-5116 Democrat Rita Schonecker 9280 Stillwater Blvd. 777-9594 Democrat Judy Moris N 9759 45th St. N. 777-2998 Democrat Bud Schneider 3326 Lake Elmo Avenue N. 777-2984 Democrat Madeline Tegtmeier 11357 30th Street N. 777-8947 Republican Margaret Carlson 8735 27th St. N. 777-6696 Democrat Phyllis Nereson 2809 Jamley 777-9244 Democrat Ramona Tauer 5270 Keats Avenue N. 777-2735 Republican Marjanne VanDemmeltraadt 9406 Jane Road N. 77 7-7598 Republican Mary Ann Klaas 8190 Hill Trail N. 777-0551 Republican Marcella Eischen 11674 Stillwater Blvd. 777-9542 Republican Precinct. I (con't) Violet Grendahl 11225 31st St. N. 777-9222 Democrat Ben Friedrich 11269 31st St. N. 777-1670 Republican Verle Thompson 3673 Laverne Ave. N. 777-8793 Republican Marilyn Schaefer 10902 33rd Street N. 777-6176 Republican Audrey Olson 31.24 Layton 777-9225 Republican Jane Opland 2811 Irish Avenue 770-1529 Republican Ann Bucheck 2301 Legion 770-1730 Republican Rita Conlin 8560 Ironwood Trail 770-8112 Democrat J i.'. �)obl-'- RESOLUTION NO. 88-34 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF REPORTS WHEREAS, contracts have been let for the following improvements: 1988 Municipal State Aid Street Improvement: being for reconstruction by grading, gravel base, bituminous surfacing and right-of-way acquisition of 47th Street from Keats Avenue to Kimbro Avenue; Total cost of improvement is $135,086.64. 1988 Bituminous Overlay Project: being for bituminous overlay on the following streets: Hilltop Avenue (including some curb replacement); 36th Street, from Jamaca Ave. to Irwin Ave.; 37th Street, from Irwin Ave. to 200'+ east; Legion Ave., from 30th St. to the south; 27th St., 28th St., Ironwood Trail & Irish Ave., within Tablyn Park Addn.; 27th St., and 27th Court, within Tablyn Park, 2nd Addn; Total cost of improvement is $86,630.00. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF LAKE ELMO, MN: 1. The portion of the cost of said improvements to be paid by the City, from its Municipal State Aid Account, is hereby declared to be $127,341.32, and the portion of the cost to be assessed against benefited property owners is hereby declared to be $7,745.32, for the 1988 Municipal State Aid Improvement; and, the portion of the cost to be paid by the City is $-0-, and, the portion of the cost to be assessed against benefited property owners is $86,630.00, for the 1.988 Bituminous Overlay Project. 2. For the Municipal State Aid Improvement project, the assessments shall be payable in equal annual installments extending over a period of five years, and shall bear interest at the rate of nine s (percent) per annum from the date of the adoption of the assessment resolution. For the 1988 Bituminous Overlay Project, the assessments shall be payable in equal installments extending over a period of five years, and shall bear interest at the rate of nine % (percent) per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Consulting Engineer, shall forthwith calculate the proper amounts to be specially assessed for such improvements against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessments in her office .for public inspection. 4. The Clerk shall, upon completion of such proposed assessments, notify the Council thereof. ADOPTED, by the Council this 16th day of August, 1988. Signed: Atte Ch ist, Mayor RESOLUTION 88-35 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION ACCEPTING BID FOR 1988 BITUMINOUS OVERLAY PROJECT WHEREAS, pursuant to an advertisement for bids for the improvement known as the 1988 Bituminous Overlay Project, being overlays on the following streets: Hilltop Avenue (including some curb replacement); 36th Street, from Jamaca Ave. to Irwin Ave.; 37th Street, from Irwin Ave. to 200'+ east; Legion Ave., from 30th St. to the south; 27th St., 28th St., Ironwood Trail & Irish Ave., within Tablyn Park Addn.; 27th St., and 27th Court, within Tablyn Park, 2nd Addn.; bids were received, opened and tabulated according to 'law, and the following bids were received complying with the advertisement. Bituminous TNaterials 72,708.60 Alexander Construction 71,098.80 Ace 70,204.80 Tower Asphalt, Inc. 69,577.55 Valley Paving, Inc. 69,248.55 AND WHEREAS, it appears Valley Paving; of Shaknpee, T^N is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into the attached contract with Valley Paving, of Shakopee,MN in the name of the city of Lake Elmo for this improvement project according to the plans and specifications therefore approved by the city council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. ADOPTED, by the City Council this 16th day of August, 1988. Signed: a1' 6z�-U Arlyn C rist, Mayor c Attest a ministrator RESOLUTION 88-36 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR BROOKMAN 3RD ADDITION WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of Brookman 3rd 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. WHEREAS, the Lake Elmo Planning Commission has reviewed the proposed final plat at its August 8, 1988 meeting and recommended to the City Council approval of said final plat. WHEREAS, The City Engineer in his review letter of August 11, 1988 states that the plans and specifications for Brookman 3rd 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 Brookman 3rd 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 to be completed within one year. 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. All pass-thru expenses incurred by the City of Lake Elmo in reviewing this plat will be paid to the City of Lake Elmo. 4. The Developer will (1) leave the 50 feet dedicated and provide an additional 10 feet of permanent road easement along CSAH 17 to equal the 60 feet requested by the County and (2) obtain an entrance permit required for street access for 39th Street. ADOPTED by the Lake Elmo City Council this 16th day of August, 1988. Signed: Arlyn Christ, Mayor Attest: Patricia Morrison, ty Administrator RESOLUTION NO. 88-37 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTON ADOPTING A RECORDS RETENTION SCHEDULE, CITY OF LAKE ELMO WHEREAS, M.S. 138.163 reads as follows: "It is the policy of the Legislature that the disposal and preservation of public records be controlled exclusively by Chapter 138 and by Laws 1971, Chapter 529, thus, no prior, special or general statute shall be construed to authorize or prevent the disposal of public records at a time or in a manner different than prescribed by such chapter or by Laws 1971, Chapter 52.9 and no general or special statute enacted subsequent to Laws 1971, Chapter 529 shall be construed to authorize or prevent the disposal of public records at a time or in a manner different than prescribed in this chapter or in Laws 1971, Chapter 529 unless it expressly exempts such records from the provisions of such chapter and Laws 1971, Chapter 529 by special reference to this section."; and WHEREAS, the Municipal Clerks and Finance Officers Association of Minnesota have developed a standard records retention schedule for records common to most Minnesota municipalities which has been approved by the Minnesota Department of Administration, the Minnesota Historical Society, the Minnesota State Auditor and the Minnesota Attorney General; and WHEREAS, the classification of records as herein described are included in the above mentioned Records Retention Schedule; NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council does hereby adopt the approved Record Retention Schedule developed by the Municipal Clerks and Finance Officers Association of Minnesota as follows: BE IT FURTHER RESOLVED that a copy of this resolution be submitted to the Minnesota Historical Society. ADOPTED, by the Lake Elmo City Council on this 6th day of s p'tembex �T,988. Signed: Att r 'st, Mayor RESOLUTION NO. 88-38 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING AND REVOKING CERTAIN COUNTY STATE AID HIGHWAYS WHEREAS, the County Board of the County of Washington did adopt a resolution, location, establishing, designating and numbering the County State Aid Highway system of Washington County, and WIIEREAS, said resolution locates and establishes the following County State Aid Highway within the corporate limits of the City of Lake Elmo: 1. C.R. 13B from I-94 to C.S.A.H. 6 to be known as C.S.A.H. 13. 2. C.R. 19B from I-94 to C.R. 70 to be known as C.S.A.H. 19. 3. C.R. 70 from the west limits of Lake Elmo (Ideal Ave.) to C.S.A.H. 1.5 to be known as C.S.A.H. 37. WHEREAS, said resolution also revokes the designation of the following County State Aid Highways within the Corporate limits of the City of Lake Elmo: 1. C.S.A.H. 13 from 50th St. N. to T.H. 36 to be known as C.R. 1.3B. 2. C.S.A.H. 17 from I-94 to 20th St. N. to be known as C.R. 17B. NOW, THEREFORE, BE IT RESOLVED by the City Council of. the City of Lake Elmo that said establishment and revocation is in all things approved. ADOPTED September 6, 1988, Signed: At Christ, Mayor RESOLUTION 88-39 A RESOLUTION ADOPTING ASSESSMENT ON 1988 MSA IMPROVEMENTS 47TH STREET - KEATS AVENUE TO KIMBRO AVENUE WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of 47th Street from Keats Avenue to Kimbro Avenue. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five years, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of th county. Such assessments shall be collected and paid over in the same manner as other municipal taxes., - Adopted by the council this 8th day of September, 1988. t"4". A' Arlh-rist, Mayor e. Patricia Mor is , City Administrator /, t '. - y i ,:. -. � � I - i � � i i _ - _ RESOLUTION 88-40 A RESOLUTION ADOPTING ASSESSMENT ON 1988 STREET. REHABILITATION PROJECT OF HILLTOP AVENUE WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Hilltop Avenue, and has amended such proposed assessment as it deems just. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five years, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1.989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 1.5 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of th county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 8th day of September, 1988. Arlyn Christ, Mayor C r, ;_ '_ ,,. ,, ;, L RESOLUTION 88-41 A RESOLUTION ADOPTING ASSESSMENT ON 1988 STREET REHABILITATION PROJECT OF 36TH STREET AND THE WEST 200 FEET OF 37TH STREET WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of 36th Street and the West 200 feet of 37t.h Street, and has amended such proposed assessment as it deems just. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special. assessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five years, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of th county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 8th day of September, 1988. Arlyn (Christ, Mayor C. ,, uit:y eamint.s c ,, ;: RESOLUTION 88-42 A RESOLUTION ADOPTING ASSESSMENT ON 1988 STREET REHABILITATION PROJECT OF LEGION AVENUE WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Legion Avenue, and has amended such proposed assessment as it deems just.. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall. constitute the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment. shall be payable in equal annual installments extending over a period of five years, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of t.h county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 8th day of September, 1988. dA Arl.yn Christ, Mayor c a Morrison, CltV "Adminis RESOLUTION 88_ 43 A RESOLUTION ADOPTING ASSESSMENT ON 1988 STREET REHABILITATION PROJECT OF TABLYN PARK WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Tablyn Park, and has amended such proposed assessment as it deems just. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such proposed assessment., as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of .land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five years, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of th county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 8th day of September, 1988. �( n� Arl.yn Christ, Mayor Patridia Morfi.90h, City Administrator _ i _ '� r - � ;; �: RESOLUTION 88- 44 A RESOLUTION ADOPTING ASSESSMENT ON 1988 STREET REHABILITATION PROJECT OF TABLYN PARK 2nd ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Tablyn Park 2nd Addition, and has amended such proposed assessment as it deems just. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE; ELMO, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract: of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five years, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1.989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the.city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of t.h county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this IItD, day of Se t. mber, 1988. st, Mayor ,, ,; r ., - r �: �- RESOLUTION 8$-45 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING BUDGET FOR 1989 AND LEVYING TAXES FOR 1989 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 1989; 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 1989 in order to provide the budgeted funds; and WHEREAS, the City Council of the City of Lake Elmo has considered the said proposed levy and determined the same to be necessary in the public interest. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the attached budget is hereby adopted and approved as the budget for the City of Lake Elmo during the year 1989, and the sum of $460,132 is hereby levied in order to provide the City with the funds required by said budget and that the sum of $75,000 General Obligation Park Bond, and a $50,000 Equipment Certificate, also be levied for 1989 Bonded Indebtedness for a total City levy of $585,132. 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 4th day of October, (A Ariyn rist, Mayor —.__— Patricia Mor "'s in, City Administrator f" ' '. i t _. �:� _ � .. DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) t 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 yin the City of Lake Elmo, Washington County on the _ day of C�`ej�-kcc,; Mary e fi'tC-h �e r Deputy Clerk RESOLUTION 88-46 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO LAWRENCE AND FLORENCE KLEIS WHEREAS, Lawrence and Florence Kleis have made application to the City of Lake Elmo for a Large Lot Subdivision of the property described as follows: 37003-2600 - Part of the South 1/2 of the Northwest 1/4 of Section 3, Township 29, Range 21, except part platted as Fox Fire Estates; except, 37003-2601 described as follows: Part of the Southwest 1/4 of the Northwest 1/4 N 5 ft of the S 65 feet of the E 13.50 ft of the W 685.50 feet of the Southwest 1/4 of the Northwest 1/4 of Section 3, Township 29, Range 21, subject to easements; and 37003-2650 - Part of the Northeast 1/4 of the Northwest 1/4 exc to Highway. Also excluding 37003-2700 described as follows: Part of the Northwest 1/4 of Section 3, Township 29, Range 21, com at N 1/4 cor of Sec 3 then S along E line of NW 1/4 sd Sec 3 for 305 ft to Sly r/w line Minn Hwy 36 which is pt of beg this desc; thence W along sd Sly r/w for 1406.8 ft to its intsec with a straight line drawn from a pt 2 rods w of SE cor of NW 1/4 of NW 1/4 Sec 3 to a pt 6 rods W of NE cor sd NW 1/4 of NW 1/4; then Sly along sd straight line for 420.4 ft thence E par with sd Sly r/w line for 1391.3 £t to sd E line NW 1/4 thnce N along sd E line NW 1/4 for 420 ft to pt of beg. Subject to easements; and excluding 37003-2660 described as follows: Pt of NE 1/4 of the NW 1/4 of Section 3, Township 29 Range 21, and pt of the NW 1/4 of the NW 1/4 of Sec 3 Township 29 Range 21 com at NE cor of NE 1/4 of the NW 1/4 of Sec 3 thn Sly along E line of sd NE 1/4 of the NW 1/4 on assumed bearing of sl Deg 31 minutes 09 seconds E for 308.90 ft to Sly r/w line of MN Hwy 36 thence S 88 degrees 55 minutes 41 seconds West along sd Sly r/2 line of MN Hwy 36 to inters with straigh line drawn from pt 2 rods W of SE cor of sd NW 1/4 of the NW 1/4 to pt 6 rods W of NE cor of sd NW 1/4 of the NW 1/4 thence S 4 degrees 08 minutes 17 seconds E along last desc line for 420.4 ft to pt of beg of this desc thence N 88 degrees 55 minutes 41 seconds E & par wih sd Sly r/w of MN Hwy 36 for 727.16 ft thnce S 1 degree 31 minute 09 seconds E & par with sd E line of NE 1/4 of to NW 1/4 for 309.56 ft thnce S 88 degrees 55 minutes 41 seconds W & par with sd Sly r/w of MN Hwy 36 for 713 ft to t inter with line which bears S 4 degrees 08 minutes 17 seconds W for 310 ft to pt of beg. Subject to easments. Whereas, the Planning Commission considered this application at a public hearing on September 26, 1988 and recommended the subdivision of the above referenced parcels into two parcels described as follows: R88-46 K1eis.Large_Lo.t Subdivision page-2 That part of the Southeast Quarter of the Northwest Quarter; that part of the Northeast Quarter of the Northwest Quarter and that part of the Northwest Quarter of the Northwest Quarter all in Section 3, Township _29_North,_ Range 21 Washington County, Minnesota described as follows; Beginning at the southeast corner of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 00 minutes 16 seconds West, assumed bearing, along the south line of said Southeast Quarter of the Northwest Quarter a distance of 693.00 feet; thence North 02 degrees 44 minutes 10 seconds West 1212.85 feet to the south line of the North 100.10 feet of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along said south line 599.00 feet to the west line of said Southeast Quarter of the Northwest Quarter; thence North 01 degree 31 minutes 51 seconds West along said west line 100,01 feet to the northwest corner of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along the south line gf ,said Northwest Quarter of the _-Northwest_ Quarter, a_ distance _o_f__33,Q0_ feet (2.-ods); .thence North 04 degrees- 07 minutes 49 seconds West along a line that intersects the north line of said Northwest Quarter of the Northwest Quarter distant 99.00 feet (6 rods) west of the northeast corner of said Northwest Quarter of the Northwest Quarter, as measured along said north line, a distance of 405.30 feet to the southwest corner of the tract described in Document No. 366476, as recorded in the office of the County Recorder, Washington County, Minnesota; thence .North 88 degrees 56 minutes 29 seconds East along the south line of said tract 713.00 feet to the southeast corner of said tract; thence North 01 degree 30 minutes 32 seconds West along the east line of said tract 309.56 feet to the northeast corner of said tract and a point on the south line of the tract described in Book 236 of Deeds, page 419 as recorded in said office .of the County Recorder; thence North 88 degrees 56 minutes 29 seconds East along the south line of said tract 656.53 feet to the east line of said Northeast Quarter of the Northwest Quarter; thence South 01 degree 30 minutes 32-seconds East -along -said east- line and along the east -Tine of -said- - Southeast Quarter of the Northwest Quarter a distance of 2028,28 feet to the point of beginning, containing 40.00 acres, more or less. Subject to an easement for ingress and egress over that part thereof described as follows: Beginning at the southwest corner of the North 100.00 feet of said Southeast Quarter of the Northwest Quarter; thence North 01 degree 31 minutes 51 seconds Hest, assumed bearing„ along the west line of said Southeast Quartet of the Northwest Quarter a..distance of 100,01- feet to -the northwest, corner of, said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along the south line of said Northwest Quarter of the Northwest Quarter a distance of 33.00 feet (2 rods); thence North 04 degrees 07 minutes 49 seconds West along a line that intersects the north line of said Northwest Quarter of the Northwest Quarter distant 99.00 feet (6 rods) west of the northeast corner of said .Northwest .Quarter_Df-the Northwest - Quarter, as measured along said north line, a distance of 405.30 feet to the southwest corner of the tract described in Document No. 366476, as recorded in the office of the County Recorder, Washington County, Minnesota; thence North 88 degrees 56 minutes 29 seconds East along the south line of said --tract -51.38 feet- to -the west line -of said Northeast -Quarter --of the -Northwest Quarter; thence South 04 degrees 55 minutes 48 seconds East 505.96 feet to a point on the south line of said North 100.00 feet of the Southeast Quarter of the Northwest Quarter distant 30.00 feet easterly of said southwest corner of the North 100.00 feet of the Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along said south line 30.00 feet -to the point of beginning. - - - - - R9946 R88-46 Kleis Large Lot Subdivision PAGE 3 Also, subject to a power line easement in favor on Northern States Power Company as described in Book 293 of Deeds, page 63, recorded and on file in said office of ( the County Recorder. Also, subject to a power line easement in favor on Northern States Power Company as described in Book-234 of Deeds page 298, recorded and on file in said office - of the County Recorder. PARCEL B That part of'the Southeast Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 21 West, Washington County, Minnesota lying southerly of the North 100.00 feet thereof and lying westerly of the following described line: -- - -Commenci-ng at -the e-southeast corner of -said -Southeast --Quarter of- the Northwest Quarter; thence South 89 degrees 00 minutes 16 seconds West, assumed bearing, along the south line of said Southeast Quarter of the Northwest Quarter a distance of 693.00 feet to the point of beginning of the•line to described; thence North 02 degrees 44 minutes 10 seconds West 1212,85 feet to the south line of said North 100.00 feet of the Southeast Quarter of the Northwest Quarter and said line there terminate. - - - - -- -- — ----- Also, that part of the Southwest Quarter of the Northwest Quarter of said Section 3 lying northeasterly of the north line of 55th Street North as dedicated on FOX FIRE ESTATES, according to the plat on file in the office of the County Recorder, Washington County, Minnesota. Together with an easement for ingress -and egress over that part of the Northwest-- - - Quarter of the -Northwest Quarter, the Northeast -Quarter -of --the NorthwestQuarter and the Southeast Quarter of the Northwest Quarter all in said Section 3 described as follows: Beginning at the southwest corner of the North 100.00 feet of'said Southeast Quarter of the Northwest Quarter; thence North 01_degree 31 minutes 51 seconds West, assumed bearing, along the west line of said Southeast Quarter of the Northwest Quarter a distance of 100.01 feet.to the northwest corner of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along the south line of said Northwest Quarter of the Northwest Quarter a distance of 33.00 feet (2.rods); thence North 04 degrees 07 minutes 49 seconds West along a line that intersects the north line of said Northwest Quarter of the Northwest Quarter distant 99.00 feet (6 rods) west of the northeast corner of said Northwest Quarter of the Northwest Quarter, as measuredalongsaid_.north -ti-ne,-a-distance-of-.405.30--feet-to--the-----. southwest corner of the tract 'described in Document No. 366476, as recorded in the office of the County Recorder, Washington County, Minnesota; thence North 88 degrees,56 minutes 29 seconds East along the south line of said tract 51.38 feet to the west line of said Northeast Quarter of the Northwest Quarter; thence South 04 degrees 55minutes 48 seconds East 505.96 feet to a poinCon the south line of said North 100.00 feet .of the`Southeast Quarter of the Northwest Quarter distant 30.00 feet easterly of said southwest.corner of the North 100.00 feet of the Southeast Quarter of the Northwest Quarter; thence South 89 degrees 01 minute 06 seconds West along said south line 30.00 feet to the point of beginning. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: The application of Lawrence and Florence Kleis for a Large Lot Subdivision for the real estate described above, be and the same hereby is granted, subject to the following conditions: 1. The applicant pay a park dedication fee of $250 for the newly created lot; 2. The applicant provide a survey showing a legal description for the newly created lot and a legal description for the remaining Kleis property. 3. The the purchasers work with the local Building Official when the road is put in so that it can be determined if and where a culvert should be placed. ADOPTED by the City Council of the City of Lake Elmo this 4th day of October, 1988. Sianed: P41 s- RESOLUTION NO. 88-48. RESOLUTION DESIGNATING PAYMENT OF FEE IN LIEU OF PARK LAND DONATION, UNDER THE PROVISIONS OF THE SUBDIVISION ORDINANCE WHEREAS, the City of Lake Elmo has adopted various subdivision ordinances and resolutions providing for the donation of park land or, in the alternative, the payment of a fee to the City when property is subdivided; and WIiEREAS, Lake Elmo City Code Section 401.400 provides for park donation requirements for plats; and WHEREAS, Resolution 85-12 provides for payment of $250 per lot in lieu of park land dedication on minor subdivisions; and WHEREAS, the Lake Elmo Park Commission and Planning Commission have reviewed the subdivision/park fee donation requirements and has recommended to the City Council that these fees be increased from the current $250 to $450 per lot, or per unit, for all subdivisions; and WHEREAS, the Lake Elmo City Council has considered the recommendation from the Park Commission and Planning Commission to increase the park donation fees on all subdivisions to $450 per lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo: 1. Effective immediately, all subdivisions shall pay to the City a fee of. $450 per lot, or per unit, in lieu of park land donation at the time of Final Plat approval by the Council. This provision includes all simple and large lot subdivisions. 2. That the City Administrator is authorized and directed to determine what parcels are affected and to collect said fee. ADOPTED by the City Council of the City of Lake Elmo this 4th day of October, 1988. SIGNED: (" Arlyn Ch st, Mayor AT.4at 4Morri on, City Administrator f '. e 03,00�— RESOLUTION 88-49 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT SUBDIVISION TO JIM FRIEDRICH AND REVOKING RESOLUTION 87-29 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.: Section 15,'Township 29, Range 21 Part of the SE 1/4 of the SW 1/4 described as follows; Commencing at the SE corner of the SE 1/4 of the SW 1/4 of said section thence W along the S line of sd SE 1/4 of 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 lineof 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 for 33.0 feet to said southerly right-of-way of the C. St. P. & 0. Ry., thence easterly along said southerly right-of-way of the C. St. P. & 0. Ry for 343.8 feet to its intersection with a line drawn parallel with and 439.2 feet West of the East line of SE-1/4 of the.SW-1/4; thence South along said parallel line for 636.9 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 439.2 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 for 455.4 feet to the point- of beginning. and, Section 15, Township 29, Range 21 Part of the SE 1/4 0£ the SW 1/4 being the E 430.2 feet lying S of the Sly R/W of the C St P & 0 RY exc there from the S. 455.4 ft thereof. Easement for road purposes over and across a 33 foot wide tract of land the N line of which is described as follows: the pt of beg of the N line of the 33 foot wide road easement is the NW corner of the above desc 6.6 acre tract thence Wly along the Sly R/W of the C St. Paul & O Ry for 343.8 ft to the end of the desc of the N line of the 33 foot wide road easement. and, All that part of the Southwest Quarter of the Southeast Quarter of Section 15, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Beginning at a point in the westerly line of said Southwest Quarter of the Southeast Quarter distant 125.00 feet southerly of the Southerly right-of-way line of the C. St. P. & 0. Ry., thence northerly along said westerly line 125.00 feet to said southerly right-of-way; thence easterly along said southerly right-of-way 105.6 feet to the centerline of a roadway easement agreement recorded as Document No. 180187 in the office of the County Recorder of said Washington County, Minnesota; thence on a recorded bearing of South 25 degrees, 31 minutes East along said centerline 50.00 feet; thence southwesterly 153 feet, more or less, to the point of beginning. WHEREAS, the Lake Elmo City Council has determined that said request for amendment to Resolution 87-29 is reasonable and does not conflict with the City's Comprehensive Plan. Now, therefore, be it resolved by the City Council of the City of Lake Elmo that Resolution 87-29 is hereby amended. Said amendment will describe the above referenced parcels into the following described parcels; PARCEL C (Description taken from Certificate of Survey prepared by Barret 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, to 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 tc the intersection with the centerline of Friedrich Road; thence northeasterly to a point which is 33 feet South of said southerly rigt-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. & O. Ry. Subject to and together with any other valid easements, reservations or restrictions. PARCEL E (Description taken from Certificate of Survey prepared by Barrett M. Stack dated October 27, 1988). I The South 455.40 feet of the East 700.00 feet of the Southeast Quarter of. the Southwest Quarter of Section 15, Township 29 North, Range 21 West, Washington County, Minnesota. Containing 7.3 acres, more oi� less. Together with an easement for roadway and utility purposes over, under and across all that part of the East 33.00 feet of said Southeast Quarter of the Southwest Quarter lying southerly of the j �. ''. t - i '. - � I � - - . i _ � i �.. �. A, southerly right-of-way of C. St. P. & O. Ry., and lying northerly of the northerly line of said South 455.40 feet of the Southeast Quarter of the Southwest Quarter, and also together with an easement for roadway and utility purposes over, under and across the following described parcel: Subject to an easement for roadway and utility purposes over, under and across the above described parcel and subject also to said roadway easement agreement recorded as Document 180187. PARCEL G (Taken from a Certificate of Survey prepared by Barrett M. Stack, R.L. S. dated October 27, 1988) All that part of the Southeast Quarter of the Southwest Quarter and all that part of the Southwest Quarter of the Southeast Quarter, all in Section 15, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Beginning at the point of intersection of the easterly line of said Southeast Quarter of the Southwest. Quarter with the southerly right-of-way line of the C.St. P. & 0. Ry., thence easterly along said southerly right -of -•way 105.6 feet to the centerline of a roadway easement agreement recorded as Document No. 180187 in the office of the County Recorder of said Washington County, Minnesota; thence on a recorded bearing of South 25 degrees 31 minutes East along said centerline 50.00 feet; thence southwesterly 153 feet, more or less, to a point in said easterly line of the Southeast Quarter of the Southwest Quarter, distant 125.00 feet southerly from the point of beginning; thence southerly along said easterly line to the northerly line of the South 455.40 feet of said Southeast Quarter of the Southwest Quarter; thence westerly along said northerly line to the westerly line of the East 430.20 feet of said Southeast Quarter of the Southwest. Quarter; thence northerly along said westerly line to said southerly right-of-way line of the C.St. P. & 0. Ry., thence easterly along said southerly right -of -•way to the point of beginning. Containing, in all, 6.6 acres, more or less. Subject to an easement for roadway and utility purposes over, under and across all that part of the above described 6.6 acre parcel lying easterly of the westerly -line of the East 33.00 feet of said Southeast Quarter of the Southwest Quarter, and subject also to said roadway easement agreement recorded as Document No. 3-80187. Adopted by the City Council of the City of Lake Elmo this 1st day of November, 1988. Arl.yn hrist,Mayor 14 r JJs 1311, DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution U-149 is a true and correct copy of a resolution presented to and adapted 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 f� r day of 0©uembpr, y� �u�� '� Mary ueffner Deputy Clerk C RESOLUTION 88-50 A RESOLUTION APPROVING THE FINAL PLAT OF CREEKSIDE ON DEMONTREVILLE (FORMERLY F.J. CROMBIE 2ND ADDITION) WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved a preliminary plat. for F.J. Crombie Estates 2nd Addition (now known as Creekside on DeMontreville); and, WHEREAS, the Lake Elmo Planning Commission reviewed a final plat for the development known as Creekside on DeMontreville (formerly F. J. Crombie 2nd Addition) at its October 24, 1988 meeting and recommended, unanimously, 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 Creekside on DeMontreville (formerly F. J. Crombie 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. •.: ADOPTED by the Lake Elmo City Council this 1st day of November, Signed: Arlyn 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 �� 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, Washingtion County on the /f day iG1 i P _ Mary Kueffner Deputy City Clerk _f i" <. 1 1•L_\ i ,. 11.. THIS AGREEMENT, made and entered Into th Is -/ ' - day of y�-� a , 1988, by and between the City of Lake Elmo, a Minnesota Municipal Corporation (hereinafter called "City") and Brian F. Crombie and M. Kathleen Crombie, husband and wife (hereinafter called "Developer"), WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a land development within the corporate limits of the City, described as follows: That part of Tract B of Registered Land Survey No. 91, accordtng to the Registered Land Survey recorded in the office of the Registrar of Titles, Washington County, Minnesota, lying westerly of the East 135.50 feet thereof and lying southeasterly of the southeasterly line of F.J. Crombie Estates, according to the plat on file in the office of said Registrar of Titles (Certificate of Title No. 37172). Also, Tract H of Registered Land Survey No. 98, according to the Registered Land Survey recorded in said office of the Registrar of Titles, except that part thereof platted as said F.J. Crombie Estates and also except that part thereof described as follows: Commencing at the most northeasterly corner of said Tract H; thence South 01 degrees 44 minutes 39 seconds East, bearing oriented to said Registered Land Survey No. 98, along the east line of said Tract H a distance of 210.00 feet to the point of beginning; thence continue South 01 degrees 44 minutes 39 seconds East along said east Ilne 237.91 fleet to the southerly Iine of said Tract H; thence South 88 degrees 25 minutes 48 seconds West along said southerly line 516.00 feet; thence North 63 degrees 38 minutes 48 seconds East 567.55 feet to the point of beginning. WHEREAS, the Developers hereby warrant and represent to the City as inducement to the City's entering into this Agreement that Developer's interest in the land area of the Development is fee owner. WHEREAS, the City Council, by resolution adopted November i, 1988, has granted preliminary approval to the Development, on the condition that the Developers enter into this agreement to provide for the installation of streets, utilities, landscaping and other improvements hereafter described in the terms and conditions hereafter set forth. RESOLUTION NO. 88-51 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING THE APPLICATION FOR A DEPARTMENT OF NATURAL RESOURCES PARK GRANT WHEREAS, the City of Lake Elmo has reviewed the need for winter grooming of the ski trail system in Sunfish Park for the 1987-88 skiing season; and, WIiEREAS, the need for ski trail winter grooming for the approximate 13.1 kilometers of ski trails in Sunfish Park exceeds the dollars available for such services; and, WHEREAS, the Department of Natural Resources (DNR) has grant monies available for winter grooming of the ski trails; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the City staff, and Parks Commission, are hereby directed to apply for a grant for maintenance of ski trails in Sunfish Lake, and the City shall enter into an agreement with Washington County to perform the Maintenance of the trails in Sunfish Lake. BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign such application to the Minnesota Department of Natural Resources Minnesota Assistance Program funds through its Grant -In Aid Program. ADOPTED, by the Lake Elmo City Council this 15th day of November, 1988. Signed: a_d� Arlyn zrist, Mayor At RESOLUTION 88-52 RESOLUTION ACCEPTING ADMINISTRATOR'S REPORT AND CANVASSING ELECTION RETURNS OF CITY OF LAKE ELMO GENERAL ELECTION OF NOVEMBER 8, 1988 Resolved that the City Council, acting as Canvassing Board of the City General Election held on November 8, 1988, in the City of Lake Elmo, canvassed the election as follows: PRECINCT REGISTERED VOTERS: 2020 TOTAL NUMBER OF PERSONS VOTING: 1418 Computer Absentee Total Percent of Vote MAYOR Susan Dunn 771 19 790 56% Charles Graves 542 45 587 41% Overvotes 2 0 2 Undervotes 33 4 37 2.6% Write -In 0 0 0 CITY COUNCIL Lee Hunt 723 20 743 52% Michael Mazzara 549 43 592 42% Fred. Nazarian 472 35 507 36% Todd Williams 741 25 766 54% Overvotes 8 0 18 Undervotes 203 13 216 15% Write -In 0 0 0 REFERENDUM Yes 1060 42 1102 78% No 269 23 292 21% Overvotes 0 0 0 Undervotes 19 3 22 1.5% . PRECINCT II REGISTERED VOTERS: 2102 TOTAL NUMBER OF VOTERS: 1685 Computer Absentee Total Percent of Vote MAYOR Susan Dunn 898 48 946 56% Charles Graves 647 38 685 41% Overvotes 3 0 3 Undervotes 45 0 45 2.7% Write -In 1 0 1 CITY COUNCIL Lee Hunt 900 46 946 56% Michael Mazzara 574 37 611 36% Fred Nazarian 590 39 629 37% Todd Williams 911 47 958 57% Overvotes 14 0 14 Undervotes 197 0 197 1.1.7% Write In 0 0 0 REFERENDUM Yes 1238 67 1.305 77% No 314 18 332 20% Overvotes 2 0 2 Undervotes 39 39 2.35 CITY-WIDE TOTALS MAYOR TOTAL VOTES PERCENTAGE Susan Dunn 1736 56% Charles Graves 1272 41% Undervotes 76 2.6% CITY COUNCIL Lee Hunt 1689 54% Michael Mazzara 1203 39% Fred Nazarian 1136 37% Todd Williams 172.4 56% Undervotes 416 11.6% Yes 2407 78% No 624 20% Undervotes 61 2% Resolved further, that the City Council, acting as the Canvassing Board, having canvassed the returns of the City General Election held on November 8, 1.988, hereby accepts the City Administrator's report. Adopted this 15th day of November, 1988. Signed:� J Arl.vn ChVist, Mayor RESOLUTION NO. 88-53 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION DESIGNATING MAINTENANCE ALLOTMENT 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 main- tenance expenditure report at the end of the year; and, WHEREAS, the City of Lake Elmo desires to receive a maintenance allocation for 1989 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 1989 be -.equal to 25% of its total 1989 allotment, Adopted by the City Council on December 6, 1988. egg Arlyn Ch% ist, Mayor ttes�: o Patricia Morrison, City Administrator