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HomeMy WebLinkAbout1989 ResolutionsLake Elmo Municipal Code Amended Ord. 7938 Amended Ord. 7947 Amended Ord. 7959 Amended Ord. 8008 11-3-87 (301.070 D:7.c.) Amended Ord. 8022 3-21-89 C. District Requirements f (1) Lot Size 1 1/2 Acre (except as required by Interstate Corridor Overlay District 301.070 E.6) (2) Lot width 150 feet minimum (3) Building setback from property lines. (a) Front 10 feet minumum (b) Side (Interior) 20 feet minimum (c) Side (Corner) 50 feet minimum (d) Rear 50 feet minimum (4) Building Height 35 feet maximum (5) Maximum area to be covered by buildings, parking lots, driveways and other hard surfaces: -- Lot Size Covered Area Up to 4 acres 45% of lot size ' Larger than 4 acres to 8 acres 35% of'lot size Larger than 8 acres 25%,;of .,.lot size -(6) Maximum Lot Depth to Width Dimension Ratio shall be no more than 3.1. (7) Off-street Parking (a) Eating and drinking places: one (1) space for every two (2) seats and one (1) space for every two... (2) employees.on the average maximum shift. (b) Automobile service stations: three (3) spaces for _. each enclosed -bay plus one (1) space'for each day - shift employee.plus a minimum of two....(2) spaces for service vehicles and one (.1) additional space for each service vehicle over two (2-) in number. (c) Retail stores or centers:. eleven (11) spaces for the first 1,000 square feet of gross floor area - or fraction thereof; eight (8)' spaces for each 1,000 square feet of gross floor area.in excess of 1,000 square feet, but not exceeding 15,000 square feet; six (6) spaces for each 1,000 square feet of gross floor area.in excess of 15,000 square feet of gross floor area.exceeding 30,000 square feet. 301-42 ORDINANCE 8022 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING. ORDINANCE 8008 AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO, RELATING. TO IMPERVIOUS SURFACE. THE CITY COUNCIL OF THE CITY OF LAKE ELMO ORDAINS: Section 1. Amendment Section 301.070 D.7.c.(5) of the 1979 Municipal Cade of Lake Elmo, as amended by Ordinance No. 8008, is hereby amended to read as follows: 301.070 D.7.c.(5) Maximum area to be covered by buildings, parking lots, driveways and other hard surfaces: Lot Size Covered Area Up to 4 acres 45% of lot size Larger than 4 acre5 to 8 acres 35% of lot size Larger than 8 acres 25% of lot size Section 2. Effective Date. This ordinance shall become effective upon its passage and publication. Adopted by the City Council this 21st day of March, 1989. Susan Dunn Mayor Attest: Patricia Morrison City Administrator (Review May 3, 1989) Affibuuit of Publication Mate of Iffinnesotu CouutU of Was4ington i 56. N. Theodore TA13je , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as and has full knowledge of the facts which are stated below; (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A_02, 331A.07, and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each week, for successive weeks; it was first published on WedAesda-the 3rd day of MAY 19 89 , and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 'ahcdefghijklmnopgrsfuvwxyz � r BY: TITLE: Subscribed and sworn to before me on this 4th day of May 19 (&Zf No ary Public Alphabet shauld,.beJiAn the same size and kind of type as the notice. : . RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. ... . . ... . ............ $10.31 per col. inch (2) Maximum rate allowed by law for the above matter . . .... . .. ......... $7.04 per col. Inch (3) Rate actually charged for the above matter . ...... .. .... I ....... $ per col. inch 1 /88 ORDINANCE NO. 8023 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 203 OF THE 1979 MUNICIPAL CODE OF LAKE ELMO, BY ADDING THE USEAGE OF REVISED ROBERT'S RULES OF ORDER FOR COUNCIL PROCEEDINGS. The City Council of the City of Lake Elmo ordains: SECTION 1. Amendment. Section 203.010 of the 1979 Municipal Code of Lake Elmo is hereby amended as follows: 203.010 COUNCIL MEETINGS: The City Council shall hold two regular meetings each month which shall be held on the first and third Tuesday of each month. All meetin s of the City Council shall be conducted in accordance with the ReH-N2 Ro ert's Rues�-of Order. Special meetings may be called by the Mayor or by any two members of the Council by writing filed with the clerk, who shall then mail a notice to all the members of the time and place of the meeting at least one (1) day before the meeting. The mayor, or in his absence, the acting mayor, shall preside. All meetings of the Council shall be open to the public. No business shall be transacted at such special meetings unless the same shall have been specified, in the notice thereof, without the consent of all of the members of the Council. Any member present at any special meeting who fails to object and have his objections entered in the minutes of such special meeting will be conclusively presumed to have consented to the transaction of all business transacted at such special meeting, and no objections may thereafter be raised as to such council member that the notice of the special meeting was defective. 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 2nd day of May, 1989. Susan Dunn, Mayor I' I 2+'fir ORDINANCE 8024 ( CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE 1979 LAKE ELMO MUNICIPAL CODE The City Council of the City of Lake Elmo ordains: Section 1. Amendment. Section 301.070C of the 1979 MuniciAa Code of Lake Elmo adopted October 16, 1979. It is hereby amended change the zoning district map by rezoning the following described parcels from Rural Residential (RR) to (R1) to wit; THAT PART OF THE NORTH 44.5 ACRES OF THE SOUTH 57.89 ACRES OF GOVERNMENT LOT 3, SECTION 24, T29N, R21W, WASHINGTON COUNTY, MINNESOTA LYING WEST OF THE EAST 1090 FEET; EXCEPT THE TRACTS DESCRIBED IN BOOK 96 OF DEEDS, PAGE 98; AND BOOK 96 OF DEEDS, PAGE 99 AND BOOK 105 OF DEEDS, PAGE. 240 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 16th day of May, 1989 Susan Dunn, Mayor ORDINANCE 8025 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 1979 Municipal Code of Lake Elmo adopted October 16, 1979. It is hereby amended to change the zoning district map by rezoning the following described parcels from Rural Residential (RR) to Public Facility, to wit: That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29, Range 21, Washington County, Minnesota, described as follows: Commencing at the southwest corner of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, .along the south line of said Southeast Quarter, 1770.00 feet to the point of beginning; thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 168.77 feet; thence North 38 degrees 53 minutes 28 seconds East, tangent to the last curve, 125.60 feet; thence northerly along a tangential curve, concave to the Northwest, having a radius of 254.72 feet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds West, tangent to the last curve, 74.17 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 60,00 feet and a central angle of 39 degrees 11 minutes 42 seconds, 41.04 feet to a point of reverse curve; thence northeasterly, northerly and westerly along said reverse curve, concave to the southwest, having a radius of 60.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet; thence North 00 degrees 47 minutes 19 seconds West, not tangent to last curve, 257,85 feet; thence South 88 degrees 47 minutes 13 seconds West, parallel with the north line of said Southeast Quarter of the Southeast Quarter 591.91 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter; thence easterly along the South line of said Southeast Quarter of the Southeast Quarter 464.71 feet to the point of beginning. Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter. Note: The above described Parcel contains 14.352 Acres. 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 21st day of March, 1989. Cate iC/l-(/JTx 41 ST.isan an Dunn, Mayor ' a Pa ricia o riso , City Administrator Affidnutfi of Publication §�tbtle Of Ainne,60ta Cf ountg of 3mao4in>gton N . Theodore Lillie , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as O a k d a l P /La k e El m n R e v i e w and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws. as amended. (B)The printed Ordinance 8025 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on Wednesday the 8 t h day of Nov • 19 89 and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 1Afi0f)EFQHf&KLtlFNOPCHRSTU `W)MZ--- BY: - 2Z �fcr3eo€��rrrrnumrooPaRsrt�vxvz— J . 'ahcdefghijkimnopgrstuvwxyz �i n ,p /% 1 /Jj %%� y TITLE: (6 Subscribed and sworn to before me on this 9th day of Llov. 19 89 Notary Public {f// "Alphabet should be in the same size and kind of type as the notice. r RAP%/]Si-Y { ,l j RATE INFORMATION Com rri l Ssi up Eylp f--s kaEny 7, (1) Lowest classified rate paid by commercial users for comparable space ....... ....... ........... . . $10.31 per col. inch (2) Maximum rate allowed by law for the above matter .. . .. . .. .. ....... $7.04 per col. inch (3) Rate actually charged for the above matter .... ..... ............ $ per col. inch 1188 ORDINANCE 8025 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO The City Council of the City of take Elmo ordains: Section 1. Amendment. Section 301.070C of the 1979 Municipal code of Lake Elmo adopted October 16, 1979. It is hereby amended to change the zoning district map by rezoning the following described parcels from Rural Residential (RR) to Public Facility, to wit: That pad of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29. Range 21. Washington County, Minnesota, described as follows: Commencing at the southwest corner of the Southeast Quarter of said Section 28, thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, 1770.00 feet to the paint of beginning; thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 166.77 feet; thence North 38 degrees 53 minutes 28 seconds East, tangent to the last curve, 125.60 feet; thence northerly along a tangential curve, Concave to the Northwest. having a radius of 254.72 feet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds West, tangent to the last curve, 74.17 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 60.00 test and a central angle of 39 degrees 11 minutes 42 seconds, 41.04 feet to a point of reverse curve; thence northeasterly, nodhedy and westerly along said reverse curve, concave to the southwest, having a radius of 6o.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet; thence North 00 degrees 47 minutes 19 seconds West, not tangent to last curve, 257.85 feet; thence South 88 degrees 47 minutes 13 seconds West, parallel with the north line of said Southeast Quarter of the Southeast Quarter 591,91 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet To the southwest corner of said Southeast Quarter of the Southeast Quarter; thence easterly along the South line of said Southeast Quarter of the Southeast Quarter 464,71 foot to the point of beginning. Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter. Note: The above described Parcel contains 14.352 Acres. 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 21st day of March, 1989. Susan Dunn Mayor Patricia Morrison City Administrator (Review: Nov. 8, 1969) fl/�aSTo�ic i����F CtJv�cH ORDINANCE 8025 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 1979 Municipal Code of Lake Elmo adopted October 16, 1979. It is hereby amended to change the zoning district map by rezoning the following described parcels from Rural Residential (RR) to Public Facility, to wit: That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29, Range 21, Washington County, Minnesota, described as follows: Commencing at the southwest corner of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, 1770.00 feet to the point of beginning; thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 168.77 feet; thence North 38 degrees 53 minutes 28 seconds East, tangent to the last curve, 125.60 feet; thence northerly along a tangential curve, concave to the Northwest, having a radius of 254.72 feet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds West, tangent to the last curve, 74.17 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 60.00 feet and a central angle of 39 degrees 11 minutes 42 seconds, 41.04 feet to a point of reverse curve; thence northeasterly, northerly and westerly along said reverse curve, concave to the southwest, having a radius of 60.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet; thence North 00 degrees 47 minutes 19 seconds West, not tangent to last curve, 257.85 feet; thence South 88 degrees 47 minutes 13 seconds West, parallel with the north line of said Southeast Quarter of the Southeast Quarter 591.91 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter; thence easterly along the South line of said Southeast Quarter of the Southeast Quarter 464.71 feet to the point of beginning. Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter. Note: The above described Parcel contains 14.352 Acres. 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 21st day of March, 1989. Sa� �-- S s'an Dunn, Mayor ORDINANCE =� t( AN ORDINANCE AMENDING SECTION 1401.010 OF THE LAKE ELMO/4e MUNICIPAL CODE RELATING TO HORSES ON HARD SURFACED ROADS The City Council of the City of Lake Elmo ordains: SECTION 1. AMENDMENT. Section 1401.010 of the 1979 Municipal Code of Lake Elmo is hereby amended to read as follows: 1401.010 HARD SURFACED ROADS. No horses or ponies shall be allowed directly on and in contact with any street or public road in the City of Lake Elmo which is hard surfaced or which has been made ready for hard surfacing to the extent that the base for the hard surface has been applied, except that horses, ponies and horse drawn vehicles _shall be allowed on paved shoulders of said street or publi roads. 1401.020 RIDING No person shall ride, drive, lead, or otherwise allow any horse or pony to directly travel over and in contact with any street or public road in the City of —Lake Elmo which is hard surfaced or which has been ready for hard surfacing to the extent that the base for the hard surface has been applied, except that horses, ponies and horse drawn vehicles shall be allowed on paved shoulders of said street or public road. SECTION 2. EFFECTIVE DATE This ordinance shall become effective upon it passage and publication. Adopted by the City Council this day of , 1989. Susan Dunn, Mayor Attest: Patricia Morrison, Clerk/Administrator ORDINANCE NO, 8027 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 803 OF THE 1979 MUNICIPAL CODE OF LAKE ELMO, RELATIVE TO ISSUANCE OF BURNING PERMITS The City Council of the City of Lake Elmo ordains: Section 1. Amendment, Section 803 of the 1979 Municipal Code of Lake Elmo, is hereby amended to read as follows: 803. OPEN BURNING (OF REFUSE) PROHIBITED 803.010. Adoption by .Reference: (The Ambient Air Quality standards, Air Pollution Control: regulations of the Minnesota Pollution Control Agency) Minnesota Rules, parts 70'05.0700 to 7005.0820, Open Burnie Re str ctabns and Permitting Regulations, are ereb'y ado pt° ' 'y 'ref'erenc'e,` and have :the same force andffect 803.020. Official Copy: One copy of Minnesota Rules, parts 7005.077 to 7005.0820 (the standards and regulations) sha be m-a iced as an of icia copy and filed for use and examination by the public in the office of the City Administrator. 803.030 Recreational Fire: Recreational fires are defined in the (standards) rules as being fares which do not exceed four (4) feet in diameter, and three (3) feet in height. Recreational fires which exceed this size must have a permit. 803,040, Permits: Open burning shall be prohibited in the City without Permit approval from the Fire Chief, or his designee. Burning permits may be issued, by the Fire Chief or his designee for: ...disposition of diseased trees; ...first time clearing of property for construction purposes; ...when it is deemed safe by the Lake Elmo Fire Chief and is in compliance with MPCA rules and standards. 803.050. Violation: Any provisions of (the Ambient Air Control Regulations) these ru and subject to a fine of ''$= person violating Quality Standards es shall be guilt T'for each violat any of the and Air Pollution y of a misdemeanor, Section 2. Effective Date: This ordinance shall become effective upon its passage and publication. Adopted by the City Council this 21st date of November, 1989. Mayor Attest: City Clerk vuc.c-cC�Ci.L/J 9.k ORDINANCE 8028 f 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 1979 Municipa Code of Lake Elmo adopted October 16, 1979. It is hereby amended change the zoning district map by rezoning the following described parcels from Agricultural (AG) to Rural Residential (RR) to wit: rAkl boat part of the Southeast Quarter,,of the Southwest4 _�:- .Qu.arter of _Section 2 and all that part ,of -the.-'East Half :of +;= xthe.;:Northeast:_Quarter"of °the Northwest Quarter of Section` ,':11;-;Township -29 North, Range 21 West, City of Lake Eiao, ;Kashington,County,.Minneso_ta described as falLows . . , ::Commencing at the northeast corner 'of _said East Half •;,of n the ::Northeast'Quarter -'of ,the Northwest .Quarter .of Section .ZI; `thence"South on the east line of said East`Half of the''``.= Northeast.Quarter.of the Northwest Quarter.(also Quarter;,:':' %.Section line), 13 rods to the point of'beginning'of the parcel of land to -be described; thence West 12 rods and ._Links;^theace North 13 rods to the North line of said :`Quarter Section; thence East 12 rods and 12 links to the "'place of. commencement; :thence North,01 degrees 21 minutes 11 .seconds West (bearings are based an the Washington County _`'-Project Coordinate System - South Zone),''a'_ong the east line Of said Southeast Quarter of the Southwest_ Quarter -of Section 2,-'`adistance of 195.69 feet,"'more or less; toV its intersectioh.,with the north line of,the south,195.68 feet of.;. ,said:'Southeast _Quarter -,of .the -Southwest *Quarter, ,thence =L.'South'89.:degrees 08.W .minutes 09 secouds..est';along'said ' n _ worth Uine``of'>;the south :195.*68 •feet of the Southeast Quarter �' of .tithe Soisthwest'Qua rter' 'k`a :.distance o.f:�557..02 ,feet;"mare nor lexss to its yiates �ectionwith'the 'west »line bf „the east, 557: 00 =feet ;.af�.sa d :-So-utheastrQuarter raf ;:the •k.Southwest, f L East Quarter, .thence ;Sduh OI `;;degrees 21"minutes -Irsecoads , along said-west'gline of the east 1-557 00 feet of -•.�. .+. . F Z .ter .. � .c .'- ']3P • y�.M_.. �;Southeast!Quarter of-ithe �Sout.twest Quarter, �a idi.stance -of L 9 5 69 feet, more oarless,Ato its intersection with theVAt. _.. Twsonthmline ofssaid-mSoutheast „Quarter'oE the Southwester Quarter,:`thence Sou-th:�89 degrees ..08 .minutes �09.secoads µ'West, aloag --said.,south"line.oE=the"Southeast jQuarter of ­]Ehe ` Ordinance 8028 (Sullwold Rezoning) �Soiithw-est7Quarter, ,a .distance of ;99.244'*feet,`�more"or Less, Go "tits iatersectioa w?Gh�the west 1iae�of said�EastHaLf ,bfh� thetiortheast';.Quarter, of the .:Jarthrrest Quarter„rofSection ..thence�South O1 .deg'rees.I1 -minutes '34 aecoads'East; -'c =' ``aloag''.said -west Line ;.of _the' East Half tQ.f_ the Northeast _ h; Quarter..oE;.the Northwest Quarter, a distance of:S65.OI.:feet, re or -'less; to its intersection with the south .;line of ,the T; north 565.00feet of .said -East :Half of the Northeast _Quarter 4 :of "the'Yorthwest "Quarter, «`thence North 89 .degrees 08 °'minutes ' . x, T p :09 ;seconds .;East.=along 'i d south �iae _o_ the north'S65.00 feet .:of the"East Half of .the _Northeast'Quarter.`of...the :-Northwest„Quarter,:«.distance of 656.20 feet, :more or Less, to'its -intersection- with «aid east Iine'of_ the ;East :Half :of •'the Northeast `:Quarter-.0 ;,the North-dest,Quarter;.;thence;Yorth Y01''degrees'Li niautas 'i= ""seconds ;:escI-- long 'said'east'line <: of 'the East Half of•.the•.Northeast Quarter of.the Northwest .,Quarter. -a .distance of`350 51 feet, more or less,_to the "point of beginning x = , y t :This parcel contains`_•L0_00 acres,more or:`Less,'and 'is ` subject to the :right of way of Kimbro AvenueNorth :;,,r—A'^r � 4. {N 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 7th day of November, 1989. Susan Dunn, Mayor 1989RK'SOLUTTON8; Resolution Nbr. Date Title 1 1/3/89 Authorization to Advertise for Bids, 39th St. 2 1/3/89 MSA Designation for 15th St. 3 1/3/89 Resolution Opposing Detachment/Annexation of I-94 Properties 4 1/3/89 Appreciation & Thanks to Arlyn Christ 5 1/3/89 Appreciation & Thanks to Rosemary Armstrong, 6 1/3/89 Appreciation & Thanks to Richard Johnson 7 1/3/89 Appreciation & Thanks to Lee Hunt 8 1/3/89 Appreciation & Thanks to Marjorie Williams 9 1/3/89 Appreciation & Thanks to Tom Simpson 10 1/3/89 Appreciation & Thanks to Ron Ramirez 11 1/17/89 Ordering Preparation of Report for 15th Sto 12 1/17/89 Ordering Preparation of Report for 20th St, From CSAH 17 to Manning 13 1/17/89 Ordering Preparation of Report for Layton & 36th St., from TH5 to Laverne 14 1/17/89 Ordering Preparation of Report for 38th & 39th St,, east of Ideal is hereby approved 15 2/21/89 Support a bill which would give manufactured home park residents the first right to purchase their park. 16 2/21/89 Legislation re: Municipal Board Authority 17 3/7/89 Approving Plans & Specs. & Authorizing Advertisement for Bids (43rd & Kimbro) 18 3/7/89 Restricting Parking on Certain Portions of Kimbro Ave. 19 2/21/89 Authorizing issuance of $50,000 Equipment Certificate 20 4/4/89 Opposi5ngiiDetachment of property within the city and its concurrent attachment to the City of Oakdale 21 4/18/89 Opposing Oakdale Comp Plan Amendment . 22 4/18/89 Awarding Bid for Reconstruction of 43rd St, & Kimbro 23 4/18/89 Awarding Bid for Overlay/Ditching of 33rd St, N. 24 5/2/89 Receiving Report & Calling a Hearing on Improvement for 15th St. from Inwood Ave, to West City Limits 25 5/2/89 Receiving Report and calling a hearing on Improvement for the 20th St. from Lake Elmo Ave. to Manning Trail 26 5/2/89 Receiving Report and Calling a hearing on Improvement for 38th, 39th Ste, and Innsdale Ave., East of Ideal Ave. 27 5/2/89 Accepting the Petition from Sunburrow residents and certain residents along Olson Lake Trail, in Oakdale for annexation to Lake Elmo, 28 5/16/89 Ordering Improvements for 15th 29 5/16/89 Ordering Improvements for 20th 30 5/16/89 Ordering Improvements for 38th, 39th & Innsdale Resolution Nbr. Date Title 31 5/16/89 Approving Future Land Use Map, Direct Amend to Comp, Plan 32 5/16/89 Resolution granting General Concept Approval to "The Forest" 33 6/6/89 Resolution Granting a Large Lot Subdivision to Robert & Dorothy Ziertman 34 6/6/89 Release and discharge easement, Lake Rose to West Lakeland 35 6/20/89 Approving application for a DNR Park Grant for ski trail maintenance at Sunfish Park 36 8/15/89 Assessment Hearings 37 8/15/89 An order to raze or repair buildings at Cozy Cove Motel located at 7676 Hudson Blvd. 38 9/5/89 Resolution granting a simple lot subdivision to John Hanner 39 9/5/89 Simple Lot Subdivision James & Vivian Palecek 40 9/5/89 Resolution granting a large lot subdivision to Steven J. Dahly 41 9/5/89 Resolution granting a large lot subdivision to the Apostolic Bible Church 42 10/17/89 Large Lot Subdivision to Gilbert Sullwold 43 9/26/89 Resolution for the City of Lake Elmo and Gilbert Sullwold regarding exchange of property interests 44 9/26/89 Approving the assessment roll and rate for 43rd St. & Kimbro Ave. street improvements 45 9/26/89 Approving the assessment roll and rate for 38th St. and 39th St., west of Ideal Ave. 46 9/26/89 Approving the assessment roll and rate for 20th St. from Lake Elmo Ave. to Manning Tr. Bituminous overlay project 47 9/26/89 Approving the assessment roll and rate for the 33rd St. and Klondike Ave. CSAH 17 to TH5 ditching and bituminous overlay project 48 11/7/89 Ed Gorman No, 12 ..... of drainage it being and in paragraph FURTHER BE IT, resolved, work "development" be striken and site plan" be inserted 49 11/21/89 Budget Resolution 50 12/5/89 Resolution Designating Maintenance Allotment 51 12/19/89 Resolution accepting letter of resignation from Patricia J. Morrison 52 12/19/89 Resolution appointing Mary Kueffner as Acting Clerk/Administrator i.1x.361kijf 1 : • _� RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to a resolution passed by the Council on January 3, 1989, the City Engineer has prepared plans and specifications for the Improvement of 39th Street between CSAH 17 and TH 5 by watermaln, storm sewer, gravel base and bituminous surfacing.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMD, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such Improvement under such approved plans and specifications. The local advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10:00 AM on February 1, 1989, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Administrator and Engineer, will then be tabulated, and will be considered, along with the responsibility of the bidders, by the Council at 7:00 PM on February 7, 1989 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Administrator and accompanied by a cash deposit, cash lero s check, bid bond or certified check payable to the City for 5% of the amount of such bid. Mayor Adm I n I stratoi�- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 89-2 DESIGNATING AS MUNICIPAL STATE AID STREET 15TH STREET NORTH (CSAH 13 TO WEST CITY LIMITS) WHEREAS, that road segment listed above is designated as a collector street in the City's Thoroughfare Plan, and WHEREAS, the City of Lake Elmo desires to designate this street as a Municipal. State Aid Street. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Lake Elmo does hereby designate as a Municipal State Aid Street, 15th Street North (CSAH 13 to the west City Limits). Dated this 3rd day of January, 1989. Susan Durin, Mayor ATT i L Patricia Mo." son, City Administrator RESOLUTION NO. 89-3 CITY OF' LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION FOR THE CITY OF LAKE ELMO REGARDING THE PROPOSED DETACHMENT OF I-94 PROPERTIES FROM THE CITY OF LAKE ELMO AND ANNEXED TO THE CITY OF WOODBURY 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, certain individuals owning land immediately north of Interstate 94 within the City of Lake Elmo have met with public officials from the City of Woodbury for the purpose of exploring possible detachment and annexation of their property from the City of. Lake Elmo to the City of Woodbury pursuant to Minn. Stat. 414.061, subd. 5, and WHEREAS, those lands being sought for detachment are a vital portion of the future planning and potential development for the contiguous area known as the City of Lake Elmo; and WHEREAS, detachment of said land would result in a loss of current and future tax revenue for the City of Lake Elmo; and WHEREAS, Interstate I-94 currently serves as a natural South boundary line of Lake Elmo and a. natural North boundary line of Woodbury, WHEREAS, it is unlikely that proposed detachment and annexation would result in any increased benefit to the planning and land use patterns currently in effect for the area; and WHEREAS, the proposed concurrent detachment and annexation proceedings may result in the detachment of said lands and further establish this procedure as a method of resolving differences in the development philosophies between the City of Lake Elmo and individual land owners within the city; and WHEREAS, there has been no formal communication between the cities of Lake Elmo and Woodbury regarding the issues raised by proposed annexation and detachment; NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo is opposed to the detachment and annexation of said property; and FURTHER, that the City Council for the City of Lake Elmo is opposed to the use of concurrent detachment and annexation as a method of resolving differences in development philosophies between the City and these or any other individual land owners within the City of Lake Elmo; and FURTHER, that the City Council for the City of Lake Elmo has determined that it is not in the best interest of the City of Lake Elmo that said concurrent detachment and annexation proceed. ADOPTED, by the City Council of. the City of Lake Elmo this 17th day of January, 1989. Signed: Dunn, Mayor or RESOLUTION 89-4 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO ARLYN CHRIST FOR HIS CONTRIBUTION TO THE CITY OF LAKE ELMO WIIEREAS, we have had the privilege and pleasure of working under the leadership of Arlyn Christ during his term as Mayor of the City of Lake Elmo; and WHEREAS, the Lake Elmo City Hall, which was constructed under the leadership and direction of Arlyn Christ shall forever remain symbolic of his perception and understanding of this community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council, past and present, who had the opportunity to work with Arlyn Christ offer this sincere appreciation and thanks for his service and devotion to the City of Lake Elmo. ADOPTED this 3rd day of January, 1989, by the City Council of the City of Lake Elmo. Susan Dunn, Mayor RESOLUTION 89-5 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO ROSEMARY ARMSTRONG FOR HER CONTRIBUTION TO THE CITY OF LAKE ELMO WHEREAS, we have had the privilege and pleasure of working with Rosemary Armstrong during her term as Councilwoman and Acting Mayor of the City of Lake Elmo; and WHEREAS, the Lake Elmo City Hall, which was constructed with many hours of volunteer help from the entire Armstrong Family, Tom, Rosemary, Tommy, Bill, Danny, Eileen and Mollie, shall forever remain symbolic of the Armstrong's dedication to this Community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council, past and present, who had the opportunity to work with Rosemary Armstrong offer this sincere appreciation and thanks for her service and devotion to the City of Lake Elmo. ADOPTED this 3rd day of January, 19B9, by the City Council of the City of Lake Elmo. Susan Dunn, Mayor RESOLUTION 89-6 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO RICHARD JOHNSON FOR HIS CONTRIBUTION TO THE CITY OF LAKE ELMO WHEREAS, we have had the privilege and pleasure of working with Richard Johnson during his term as Councilman of. the City of Lake Elmo; and WHEREAS, the Lake Elmo City Hall, which was constructed with many hours of volunteer help from Richard Johnson shall forever remain symbolic of the his dedication to this Community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council, past and present, who had the opportunity to work with Richard Johnson offer this sincere appreciation and thanks for his service and devotion to the City of Lake Elmo. ADOPTED this 3rd day of January, 1989, by the City Council of the City of Lake Elmo. Susan Dunn, Mayor RESOLUTION 89-7 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO LEE HUNT FOR HIS CONTRIBUTION TO THE CITY OF LAKE ELMO WHEREAS, we have had the pleasure of working with Lee Hunt during his service on the Lake Elmo Planning Commission; and WHEREAS, we greatly appreciate his perception, his understanding of the community, the City Ordinances, Comprehensive Plan, local needs and goals. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council, and each and every member, past and present, of the Planning Commission who had the opportunity to work with Lee Hunt offer their sincere appreciation and thanks, and heartfelt good wishes as he begins his term as a member of the Lake Elmo City Council. ADOPTED this 3rd day of January, 1989, by the City Council of the City of Lake Elmo. Susan Dunn, Mayor RESOLUTION 89-8 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO MARJORIE WILLIAMS FOR HER CONTRIBUTION TO THE CITY OF LAKE ELMO WIiEREAS, we have had the pleasure of working with Marjorie Williams during her service on the Lake Elmo Planning Commission; and WHEREAS, we greatly appreciate her perception, her understanding of the community, the City Ordinances, Comprehensive Plan, local needs and goals. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council, and each and every member, past and present, of the Planning Commission who had the opportunity to work with Marjorie Williams, offer their sincere appreciation and thanks for her devotion to the City of Lake Elmo. ADOPTED this 3rd day of January, 1989, by the City Council of the City of Lake Elmo. Susan Dunn, Mayor �_ RESOLUTION 89-9 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO TOM SIMPSON FOR HIS CONTRIBUTION TO THE CITY OE' LAKE ELMO WHEREAS, we have had the pleasure of working with Tom Simpson during his service on the Lake Elmo Planning Commission; and WHEREAS, we greatly appreciate his perception, his understanding of the community, the City Ordinances, Comprehensive Plan, local needs and goals. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council, and each and every member, past and present, of the Planning Commission who had the opportunity to work with Tom Simpson, offer their sincere appreciation and thanks for his devotion to the City of Lake Elmo, and extend their hardiest congratulations to Tom and Sharon Simpson on the birth of their first. son, Sam. ADOPTED this 3rd day of January, 1989, by the City Council of the City of Lake Elmo. Susan Dunn, Mayor RESOLUTION 89-10 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO RON RAMIREZ FOR HIS CONTRIBUTION TO THE CITY OF LAKE ELMO WHEREAS, we have had the pleasure of working with Ron Ramirez during his service on the Lake Elmo Parks Commission; and WIiEREAS, we greatly appreciate his perception, his understanding of the community, the City Parks, and local park needs and goals. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council, and each and every member, past and present, of the Parks Commission who had the opportunity to work with Ron Ramirez, offer their sincere appreciation and thanks for his devotion to the City of Lake Elmo. ADOPTED this 3rd day of January, 1989, by the City Council of the City of Lake Elmo. Susan Dunn, Mayor RESOLUTION 89-11 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING PREPARATION OF REPORT FOR 15TH STREET WHEREAS, it is proposed to improve 15th Street by street reconstruction, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: The proposed improvement be referred to the City's consultant engineer, Larry Bohrer, for study and that he is instructed to report to the Council, with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Adopted by the Council this 17th day of. January, 1989. C _ Susan Dunn, Mayor /h tt Lt: � C Patri.H-a Miot3;T91-0fl, City Administrator RESOLU`1'ION 89-12 CITY OE' LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING PREPARATION OF REPORT FOR 20TH STREET, CSAH 17 TO MANNING WHEREAS, it is proposed to improve 20th Street, CSAH 17 to Manning, by overlay and shouldering, and to assess the benefited property for all or a. portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: The proposed improvement be referred to the City's consultant engineer, Larry Bohrer for study and that he is instructed to report to the Council, with all convenient speed, advising the council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Adopted by the Council this 17th day of January, 1989. Su an Dunn, Mayor t.t t: �. Pa ricia M r M dn, City Administrator RESOLUTION 89-13 LAKE ELMO, MINNESOTA WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING PREPARATION OF REPORT FOR LAYTON AVENUE AND 36TH STREET, FROM TH5 TO LAVERNE WHEREAS, it is proposed to improve Layton Avenue and 36th Street, from TH5 to Laverne, by street reconstruction, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: The proposed improvement be referred to the City's consultant engineer, Larry Bohrer, for study and that he is instructed to report-, to the council, with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as propsed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 17th day of January, 1989. Susan Dunn, Mayor tt t: Pa rici.a M r soya, City Administrator RESOLUTION 89-14 CITY OF LAKE ELMO WASH.I.NGTON COUNTY, MINNESOTA A RESOLUTION ORDERING PREPARATION OF REPORT FOR IMPROVEMENT OF 38TB AND 39TH STREETS, EAST OF IDEAL WHEREAS, it is proposed, to improve 38th and 39th Streets, east of Ideal, by patching and overlaying, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: The proposed improvement be referred to the City's consultant engineer, Larry Bohrer, for study and that he is instructed to report to the council, with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 17th day of January, 1989. Susan Dunn, Mayor ts t: e Patricia o rison, City Administrator RESOLUTION NO. 89-15 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION IN SUPPORT OF A BILL WHICH WOULD GIVE MANUFACTURED HOME PARK RESIDENTS THE FIRST RIGHT TO PURCHASE THEIR PARK WHEREAS, manufactured home parks are an important form of affordable housing in our community, WHEREAS, manufactured home park residents are homeowners, who are financially invested in our community, WHEREAS, manufactured home park residents are vulnerable to mass evictions in the event of a park closing, WHEREAS, manufactured home park residents do not have the same opportunity as other homeowners to purchase land, WHEREAS, a bill will be introduced for legislative consideration which requires the park owners to notify residents of the price, terms, and conditions of the sale, which gives residents 60 days to purchase the park as a cooperative, and an additional 60 days to secure financing if the residents do purchase the park, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo goes on record in favor of the bill to create a "first right to purchase" for manufactured home park residents. Adopted by the Council. this 7th day of February, 1989. Q- - nunn, Mayor RESOLUTION NO. R-16 A RESOLUTION FOR THE CITY OF LAKE ELMO OF COMPLETE SUPPORT FOR LEGISLATION REPEALING THE AUTHORITY OF THE MINNESOTA MUNICIPAL BOARD TO DETACH FROM A MUNICIPALITY ANY LAND BASED UPON A PETITION OF AFFECTED LANDOWNERS WHEREAS, the City of Lake Elmo is located in Washington County, Minnesota; and WHEREAS, the City of Lake Elmo is bordered on two sides by heavily used metropolitan freeways; and WHEREAS, the City of Lake Elmo has developed over the course of many years a carefully considered Comprehensive Plan and Zoning Code for the purpose of preserving the predominantly rural character of the City of Lake Elmo while permitting steady and controlled commercial growth along freeway corridors, as well as within the other commercial areas of the City; and WHEREAS, the City of Lake Elmo has not been as enthusiastic a promoter of taxpayer's subsidies for development as has its neighboring municipalities; WHEREAS, as a result of this more conservative approach and concern for the integrity of its Comprehensive Plan, developers and landowners adjacent to neighboring cities have, in an effort to seek those public subsidies and avoid the provisions of Lake Elmo's zoning regulations, petitioned or threatened to petition the Municipal Board of Minnesota in an effort to detach themselves from the City of Lake Elmo; and . WHEREAS, it is the belief of the City Council and citizens of Lake Elmo that this effort goes well beyond the originally intended purpose of Chapter 414, which grants authority to the Minnesota Municipal Board; and WHEREAS, if all pending and threatened detachments by landowners were to occur, the City of Lake Elmo could, within a year, lose up to 14% of its current land area; and WHEREAS, the City of Lake Elmo believes that this authority on the part of the Municipal Board to accept petitions from landowners is now being seized upon by developers as an effort to disrupt the very integrity of municipalities and their authority to enact reasonable zoning regulations and comprehensive plans; and WHEREAS, the City of Lake Elmo believes that this is a metropolitan and statewide problem as evidenced by the support of the League of Minnesota Cities and Association of Metropolitan Municipalities for careful legislative scrutiny of this issue and support for restrictions on this power of the Municipal Board; and WHEREAS, the City of Lake Elmo believes that the situation has already gotten out of hand and permanent harm is occurring to municipalities with no benefit to the public economy in any way whatsoever, NOW, THEREFORE, BE IT RESOLVED that the City of Lake ELmo wishes to state publicly for the benefit of any and all. concerned and, in particular, for the benefit of the Minnesota Legislature, that it strongly supports any and all efforts to restrict authority on the part of the Municipal Board to authorize detachments and annexations based upon petitions of landowners pursuant to the provisions of Minn. Stats. 414.061, subd. 5, and BE IT FURTHER RESOLVED that the City of Lake Elmo, Minnesota, supports the repeal of the aforesaid provision and in particular, supports the legislation to effect the purposes stated in this resolution. ADOPTED, by the City Council of the City of Lake Elmo this 21st day of February, 1969. Signed; Susan Dunn, Mayor s+r:Y r o_I RESOLUTION NO. R— A RESOLUTION FOR THE CITY OF LAKE ELMO OF COMPLETE SUPPORT FOR LEGISLATION REPEALING THE AUTHORITY OF THE MINNESOTA MUNICIPAL BOARD TO DETACH FROM A MUNICIPALITY MY LAND BASED UPON A PETITION OF AFFECTED LANDOWNERS WHEREAS, the City of Lake Elmo is located in Washington County, Minnesota; and WHEREAS, the City of Lake Elmo is bordered on two sides by heavily used metropolitan freeways; and WHEREAS, the City of Lake Elmo has developed over the course of many years a carefully considered Comprehensive Plan and Zoning Code for the purpose of preserving the predominantly rural character of the City of Lake Elmo while permitting steady and controlled commercial growth along freeway corridors, as well as within the other commercial areas of the City; and WHEREAS, the City of Lake Elmo has not been as enthusiastic a promoter of taxpayer's subsidies for development as has its neighboring municipalities; and WHEREAS, as a result of this more conservative approach and concern for the integrity of its Comprehensive Plan, developers and landowners adjacent to neighboring cities have, in an effort to seek those public subsidies and avoid .the provisions of Lake Elmo's zoning regulations, petitioned or threatened to petition the Municipal Board of Minnesota in an effort to detach themselves from the City of Lake Elmo; and WHEREAS, it is the belief of the City Council and citizens of Lake Elmo that this effort goes well beyond the originally intended purpose of Chapter 414, which grants authority to the Minnesota Municipal Board; and WHEREAS, if all pending and threatened detachments by landowners were to occur, the City of Lake Elmo could, within a year, lose up to 14Z of its current land area; and WHEREAS, the City of Lake Elmo believes that this authority on the part of the Municipal Board to accept petitions from landowners is now being seized upon by developers as an effort to disrupt the very integrity of municipalities and their authority to enact reasonable zoning regulations and comprehensive plans; and WHEREAS, the City of Lake Elmo believes that this is a metropolitan and statewide problem as evidenced by the support of the League of Minnesota Cities and Association of Metropolitan Municipalities for careful legislative scrutiny of this issue and support for restrictions on this power of the Municipal Board; and WHEREAS, the City of Lake Elmo believes that the situation has already gotten out of hand and permanent harm is occurring to municipalities with no benefit to the public economy in any way whatsoever, NOW, THEREFORE, BE IT RESOLVED that the City of Lake Elmo wishes to state publicly for the benefit of any and all concerned and, in particular, for the benefit of the Minnesota Legislature, that it strongly supports any and all efforts to eliminate any authority on the part of the Municipal Board to authorize detachments and annexations based upon petitions of landowners pur- suant to the provisions of Minn. Stats. 414.061, subd. 5, and BE IT FURTHER RESOLVED that the City of Lake Elmo, Minnesota, supports the repeal of the aforesaid provision and, in particular, supports Senate File 336, and its related House file, as introduced in the Senate which would effect the purposes stated in this resolution. ADOPTED, by the City Council of the City of Lake Elmo this 7th day of February, 1989. Signed: Susan Dunn, Mayor PatY c1a Morr ­so­ii,,.—Vty Administrator WHEREAS, the City of Lake Elmo believes that this is a metropolitan and statewide problem as evidenced by the support of the League of Minnesota Cities and Association of Metropolitan Municipalities for careful legislative scrutiny of this issue and support for restrictions on this power of the Municipal Board; and WHEREAS, the City of Lake Elmo believes that the situation has already gotten out of hand and permanent harm is occurring to municipalities with no benefit to the public economy in any way whatsoever, NOW, THEREFORE, BE IT RESOLVED that the City of Lake Elmo wishes to state publicly for the benefit of any and all concerned and, in particular, for the benefit of the Minnesota Legislature, that it strongly supports any and all efforts to restrict authority on the part of the Municipal Board to authorize detachments and annexations based upon petitions of landowners pursuant to the provisions of Minn. Stats. 414.061, subd.. 5, and BE IT FURTHER RESOLVED that the City of Lake Elmo, Minnesota, supports the repeal of the aforesaid provision and, in particular, supports efforts of the legislature which would effect the purposes stated in this resolution. ADOPTED, by the City Council of the City of Lake Elmo this 23rd day of February, 1989. Signed: Attest: Susan Dunn, Mayor Patricia Morrison, City Administrator RESOLUTION NO. R— 89-16 A RESOLUTION FOR THE CITY OF LAKE ELMO OF COMPLETE SUPPORT FOR LEGISLATION REPEALING THE AUTHORITY OF THE MINNESOTA MUNICIPAL BOARD TO DETACH FROM A MUNICIPALITY ANY LAND BASED UPON A PETITION OF AFFECTED LANDOWNERS WHEREAS, the City of Lake Elmo is located in Washington County, Minnesota; and WHEREAS, the City of Lake Elmo is bordered oa two sides by heavily used metropolitan freeways; and WHEREAS, the City of Lake Elmo has developed over the course of many years a carefully considered Comprehensive Plan and Zoning Code for the purpose of preserving'the predominantly rural character of the City of Lake Elmo while permitting steady and controlled commercial growth 'along freeway corridors, as well as within the other.commercial areas of the City; and WHEREAS, the City of Lake Elmo has not been as enthusiastic a promoter of taxpayer's subsidies for development as has its neighboring "m"u'tticipalities; and WHEREAS, as a result of this more conservative approach and concern for the integrity of its Comprehensive Plan, developers and landowners adjacent to neighboring cities have, in an effort to seek those public subsidies and avoid the provisions of Lake Elmo's zoning regulations, petitioned or threatened to petition the Municipal Board of Minnesota in an effort to detach themselves from the City of Lake Elmo; and WHEREAS, it is the belief of the City Council and citizens of Lake Elmo that this effort goes well beyond the originally intended purpose of Chapter 414, which grants authority to the Minnesota Municipal Board; and WHEREAS, if all pending and threatened detachments by landowners were to occur, the City of Lake Elmo could, within a year, lose up to 14% of its current land area; and WHEREAS, the City of Lake Elmo believes that this authority on the part of the Municipal Board to accept petitions from landowners is now being seized upon by developers as an effort to disrupt the very integrity of municipalities and their authority to enact reasonable zoning regulations and comprehensive plans; and WHEREAS, the City of Lake Elmo believes that this is a metropolitan and statewide problem as evidenced by the support of the League of Minnesota Cities and Association of Metropolitan Municipalities for careful legislative scrutiny of this issue and support for restrictions on this power of the Municipal Board; and WHEREAS, the City of Lake Elmo believes that the situation has already gotten out of hand and permanent harm is occurring to municipalities with no benefit to the public economy in any way whatsoever, NOW, THEREFORE, BE IT RESOLVED that the City of Lake Elmo wishes to state publicly for the benefit of any and all concerned and, in particular, for the benefit of the Minnesota Legislature, that it strongly supports any and all efforts to eliminate any authority on the part of the Municipal Board to authorize detachments and annexations based upon petitions of landowners pur— suant to the provisions of Minn. Stats. 414.061, subd. 5, and BE IT FURTHER RESOLVED that the City of Lake Elmo, Minnesota, supports the repeal of the aforesaid provision and, in particular, supports Senate File 336, and its related Rouse file, as introduced in the Senate which would effect the purposes stated in this resolution. ADOPTED, by the City Council of the City of Lake Elmo this 7th day of February, 1989. Signed: Susan Dunn, Mayor Attest: Patricia Morrison, City Administrator RESOLUTION 89-17 CITY OF LAKE ELMD WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolution of the City Council dated the 21st day of June, 1988, the City Engineer has prepared plans and specifications for the Improvement of 43rd Street from Kimbro Avenue to Lake Elmo Avenue, and Kimbro Avenue from 43rd Street to 47th Street, by grading, gravel base construction, bituminous surfacing, and right-of-way acquisition and has presented plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause_ to be Inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvementunder such approved plans and specif ications. The advertisement shal I be publ ished for three weeks, shal I specify the work to be done, shall state that bids will received by the Clerk until 10:00 be AM on Thursday, Apr11 6, 1989, at which time they will be publicly opened in the Council Chambers of City Hall by the City Cl-erk the and Engineer, will then be tabulated, will be considered by the Council at 7:30 PM on Tuesday, April and 18, 1989, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five percent (5%) of the amount of such bid. ADOPTED this 7th day of March, 1989 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: n Susan Dunn, Mayor- tricla McrrlAn, City Administrator RESOLUTION 89-18 CITY OF LAKE ELMO WASHINGTON COUNTY, MiNNESOTA RESCLUTION RESTRICTING PARKING ON CERTAIN PORTIONS OF KIFBRO AVENUE, S.A.P. 206-104-03, IN LAKE ELMD, MINNESOTA WHEREAS, the City has planned the improvement of MSAS 104 (Kimbro Avenue) from 43rd Street to 47th Street, 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 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 Street Project in the City, has been determined. NOW, THEREFORE, iT IS HEREBY'RESCLVED;_ That the City shall restrict the parking of motor vehicles on the west side of WAS 104 (Kimbro Avenue) between 1,407 feet south of 47th Street to 1,757 feet south of 47th Street, at all times. ADOPTED this 7th day of March, 1989 by the City Council of the City of Lake Elmo, Washington County, Minnesota. /- Signed: Susan Dunn, Mayor— ATTF (: r Patricia 10rrijsn, C1 ty Administrator RESOLUTION NO. 89-20 A RESOLUTION FOR THE CITY OF LAKE. ELMO REGARDING THE PROPOSED DETACHMENT OF SECTION 32 AND W 1/2 OF SECTION 33 FROM THE CITY OF LAKE. ELMO AND ANNEXED TO THE CITY OF OAKDALE 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, certain individuals owning land in Section 32, and the W 1/2 of Section 33, Township 29 North, Range 21 West all. within the City of Lake Elmo have submitted a petition for detachment of their property from the.City of Lake Elmo and annexation to the City of Oakdale to the Municipal Board for the State of Minnesota pursuant to Minn. Stat. 414.061, subd. 5 identified by the Municipal Board as D-248 Lake Elmo/A-4573 Oakdale, Sec. 32 and W 1/2 of Sec. 33; 523 acres; and, WHEREAS, those lands being sought for detachment are a vital portion of the future planning and potential development for the contiguous area known as the City of Lake Elmo; and WHEREAS, detachment of said land would result in a loss of current and future tax revenue for the City of Lake Elmo; and WHEREAS, it is unlikely that proposed detachment and annexation would result in any increased benefit to the planning and land use patterns currently in effect for the area; and WHEREAS, the proposed concurrent detachment and annexation proceedings may result in the detachment of said lands and further establish this procedure as a method of resolving differences in development philosophies between the City of Lake Elmo and individual landowners within the city; and WHEREAS, there has been no formal communication between the cities of Lake Elmo and Oakdale regarding the issue raised by proposed annexation and detachment; and WHEREAS, there is currently pending before the Municipal Board the matter identified as D-239 Lake Elmo/A-4453 Oakdale regarding the detachment of part of the same Section 32 from the City of Lake Elmo and annexation to the City of Oakdale which has not been finalized; and WHEREAS, until there has been a final determination of the previous detachment and annexation petition, all. the necessary factors cannot be fully considered by this Council, - WHEREAS, the City of Lake Elmo is actively exploring means to encourage responsible development of the affected area, NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo is opposed to the detachment and annexation of said property; and FURTHER, that the City Council for the City of Lake Elmo is opposed to the use of concurrent detachment and annexation as a method of resolving differences in development philosophies between the City and these or any other individual land owners within the City of Lake Elmo; and FURTHER, that the City Council for the City of Lake Elmo has determined that it is not in the best interest of the City of Lake Elmo that said concurrent detachment and annexation proceeding continue until the previous dispute is finalized; and FURTHER, that the City Council for the City of Lake Elmo has determined that it is not, under any circumstances, in the best interest of the City of Lake Elmo that said concurrent detachment and annexation be approved. ADOPTED, by the City Council of the City of Lake Elmo this 4th day of April, 1989. Signed: Susan Dunn, Mayor RESOLUTION NO. 89-22 RESOLUTION ACCEPTING BID FOR RECONSTRUCTION OF' 43RD STREET AND KIMBRO AVENUE WHEREAS, pursuant to an advertisement for bids for the improvement of 43rd Street and Kimbro Avenue, by reconstruction, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name of Bidder: Dresel Contracting T.A..Schifsky & Sons Danner, Inc. Valley Paving E & H Earthmovers Ace Blacktop Alexander Construction Amount of Bid: $154,268.40 $1.71,966.93 $172,539.22 $176,557.60 $178,018.41 $198,014.55 $198,644.80 and, WHEREAS, it appears that Dresel Contracting is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF LAKE ELMO, MN: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Dresel Contracting in the name of the City of Lake Elmo for the improvement of 43rd Street and Kimbro Avenue, 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 18th day of April, 1.989. Signed�i+= Susan Dunn, PTavor ATT S , — ( r 'Patricia ?[o ison, City Administrator RESOLUTION NO. 89-23 RESOLUTION ACCEPTING BID FOR OVERLAY AND DITCHING OF 33RD STREET WHEREAS, pursuant to an advertisement for bids for the improvement of 33rd Street North, by reconstruction, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name of Bidder: Amount of Bid: Alexander Construction $28,913.20 Ace Blacktop $29,276.25 Valley Paving $33,815.00 Tower Asphalt $35,448.00 and, WHEREAS, it appears that Alexander Construction is the lowest responsible bidder. MN: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Alexander Construction in the name of the City of Lake Elmo for the improvement of 33rd Street North, 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 18th day of April-, 3.989. S�_gne' r Suusansn Dunn, ?Tavor ;r _ _ _ ATTEST: Patric4Moison, City Administrator RESOLUTION 89-24 A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR 15TH STREET FROM INWOOD AVENUE TO WEST CITY LIMITS WHEREAS, pursuant to resolution of the city council adopted January 17, 1989, a report has been prepared by Larry Bohrer, the City Engineer, with reference to the improvement of 15th Street between Inwood Avenue and the West City Limits, and this report was received by the council on May 2, 1989. 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 Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $158,000. 2. A public hearing shall be held on such proposed improvement on the 16th day of May, 1989 in the council chambers of the city hall at 7:30 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. Adopted by the Council this 2nd day of May, 1989. Mayor - T_ City Admit � t r CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 89-24 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, Was/zh�iJn/g'to�n County, unty,, Minnesota on the 2nd day of May, 1989. Mary X uef n . , Deputy City Clerk RESOLUTION 89-25 A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR 20TH STREET FROM LAKE ELMO AVENUE TO MANNING TRAIL WHEREAS, pursuant to resolution of the city council adopted January 17, 1989, a report has been prepared by Larry Bohrer, the City Engineer, with reference to the improvement of 20th Street from Lake Elmo Avenue to Manning Trail, and this report was received by the council on May 2, 1989. 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 Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $49,000. 2. A public hearing shall be held on such proposed improvement on the 16th day of May, 1989 in the council chambers of the city hall at 7:45 p.m and the clerk shall give mailed and published notice of such hearing improvement as required by law. Adopted by the Council this 2nd day of May, 1989. Mayor CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I. hereby certify that. Resolution 89-25 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County, Minnesota on the 2nd day of May, 1989. Mary Kue£fner eput.y City Clerk RESOLUTION 89-26 A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR 38TH STREET, 39TH STREET AND INNSDALE AVENUE, EAST OF IDEAL AVENUE WHEREAS, pursuant to resolution of the city council adopted January 17, 1989, a report has been prepared by Larry Bohrer, the City Engineer, with reference to the improvement of 38th Street, 39th Street and Innsdale Avenue, and this report was received by the council on May 2, 1989. 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 Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $66,550. 2. A public hearing shall be held on such proposed improvement on the 16th day of May, 1989 in the council chambers of the city hall at 8:15 and the clerk shall give mailed and published notice of such hearing improvement as required by law. Adopted by the Council this 2nd day of May, 1989. Mayor CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 89-26 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 2nd day of May, 1989. Mary K-udlf f n(9r,Xdputy City Clerk RESOLUTION NO. 89-27 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION FOR THE CITY OF LAKE ELMO REGARDING THE PROPOSED ANNEXATION OF CERTAIN PROPERTIES IN SECTION 8 OF OAKDALE 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, certain individuals owning land in Section 8, Township 29 North, Range 21 West, all within the City of Oakdale, have submitted to the City of Lake Elmo, a petition for detachment of their property from the City of Oakdale and annexation to the City of Lake Elmo as part of a process described in Minnesota Statute 414.061, subd. 5; and, WHEREAS, this land includes all resident petitioners in Oakdale living north of State Hwy 5 and east of Interstate 694 and are in an area with limited development potential without the installation of a public sanitary sewer system; and, WHEREAS, the land contributes to the Olson Lake subwatershed in Lake Elmo and has a morphology similar to adjacent land in Lake Elmo; and, WHEREAS, the land is contiguous to Lake Elmo; and WHEREAS, the urban services proposed by Oakdale for this area are incompatible with the existing needs of the petitioning residents and would be detrimental to the adjacent residents of Lake Elmo, and the adjacent park facilities and lakes used by the petitioners are in Lake Elmo and the highway system used by the residents is primarily serviced by Washington County and 44th Street would be more easily serviced by the City of Lake Elmo; and, WHEREAS, the use of the land without public sewers is incompatible with all other land use in the City of Oakdale, and a proposal for a sewer lift station to serve the area is incompatible with the needs of the property owners and inconsistent with the Comprehensive Plan of Oakdale, which prohibits the installation of temporary lift stations, and which could only be made permanent with a complete change in the land use planning for Lake Elmo by routing a gravity pipe through Lake Elmo; and, WHEREAS, the existing services to the land could be more economically provided by the City of Lake Elmo; and, WHEREAS, a change in the land, use in the land would adversely effect the existing ecosystem by substantially altering the environment of both the land included within the petition and the adjacent land in Lake Elmo; and, WHEREAS, the tax and governmental aid issues will not be effected by the annexation; and, WHEREAS, the consolidation will not have any effect on the School District 622 except that if the land is annexed to Lake Elmo, the developed residential lots will not be further subdivided causing an additional burden on the School District; and, WHEREAS, there is no applicability of the State Building Code, NOW BE IT RESOLVED, that the City of Lake Elmo will accept the petitioner's land into the City of Lake Elmo if permitted by the City of Oakdale and the State Municipal Board or if so ordered by the Municipal Board, FURTHER, the City of Lake Elmo does not support the use of joint annexation/detachment as a means of resolving land use issues. ADOPTED, by the City Council of the City of Lake Elmo this 2nd day of May, 1989. Signe . Susan Dunn Mayor of Lake Elmo ATTEST: Patricia Morrisotk, City Administrator r RESOLUTION 89-28 A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 15TH STREET, FROM INWOOD AVENUE TO WEST CITY LIMITS WHEREAS, a resolution of the city council adopted the 2nd day of May, 1989, fixed a date for a council hearing on the proposed improvement of 15th Street from Inwood Avenue to the West City Limits; AND WHEREAS, a petition has been received by the City of Lake Elmo from more than 35 percent of the front -•footage property owners; AND WHEREAS, ten day's mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 16th day of May, 1989, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 16th day of May, 1989. 2. Larry Bohrer of TKDA & Associates is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 89-28 is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington Co nty, Minnesota on the 16th day of May, 1989. Mar y� Mary Ku(6ffnee,'1beputy City Clerk RESOLUTION 89--29 A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF FLANS FOR 20TH STREET FROM LAKE ELMO AVENUE TO MANNING TRAIL WHEREAS, a resolution of the city council adopted the 2nd day of May, 1989, fixed a date for a council hearing on the proposed improvement of 20th Street from Lake Elmo Avenue to Manning Trail. AND WHEREAS, ten day's mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 16th day of May, 1989, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 16th day of May, 1989. 2.. Larry Bohrer of TKDA & Associates is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. '1� �ze�� Mayor CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 89-29 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 l6th day of May, 1989. Mary Kue fne , uty City Clerk RESOLUTION 89-30 A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 38TH STREET, 39TH STREET, AND INNSDALE AVENUE EAST OF IDEAL AVENUE WHEREAS, a resolution of the city council adopted the 2nd day of May, 1989, fixed a date for a council hearing on the proposed improvement. of 38th Street, 39th Street and Innsdale Avenue, east of Ideal Avenue; AND WHEREAS, ten day's mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 16th day of May, 1989, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 16th day of May, 1989. 2. Larry Bohrer of TKDA & Associates is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement.. Mayor CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution 59-30 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 16th day of May, 1989. Mary Kue fne , D - 'ty City Clerk RESOLUTION NO. 89-31 CITY OF LAKE E'LMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING FUTURE LAND USE MAP CONCEPT AND DIRECTING AMENDMENT TO THE COMPREHENSIVE PLAN WHEREAS, a consensus of the City Council was reached for approval of a Future Land Use Plan as indicated by the zoning district map, dated May 4, 1989, and as signed by Mayor Dunn and Councilmembers Charles Graves, Donald Moe, and Todd Williams (Councilmember Lee Hunt having been excused from the meeting); and, WHEREAS, said map indicates areas eligible for future R-1 (1-1/2 acre) development, Residential Estates (2-1/2 and 5 acre) development, and (as an interim name) Interstate Freeway Business development (along I-94 corridor); and, WHEREAS, the Council finds that Lake Elmo currently faces numerous proposals for RE -type development; and, WHEREAS, the Council deems it necessary to amend the text of the updated Comprehensive Plan to incorporate the philosophy and direction of the Council, as outlined in the Future Land Use Map, as approved by consensus of the Council on May 4, 1989, and as amended by consensus on May 16, 1989. NOW, THEREFORE, BE IT RESOLVED, THAT the City Council hereby directs the Planning Commission and City staff to: 1. Amend the text of the 1989 Comprehensive Plan to reflect the intent of the Future Land Use Map; as adopted May 4 and amended May 16, 1989; 2. Present the revised Comprehensive Plan to the Council for review, after which the Planning Commission shall hold a public hearing on the Comprehensive Plan Amendments, including the Future Land Use Map; 3. Present to the Council for review the proposed ordinances, including standards, establishIngthe new RE-2.5 and RE-5 acre zoning categories, after which the Planning Commission shall hold a public hearing on this new zoning ordinance; 4. Present to the Council for review the proposed ordinance, including standards, establishing the (as an interim name) Interstate Freeway Business zoning category, after which the Planning Commission shall hold a public hearing on this zoning ordinance. ADOPTED this 16th day of May, 1989, by the City Council of the City of Lake Elmo, Washington Cou .--.Minneso a. x0 a Dunn, 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, 89-33 is a true and correct copy of an 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, 1989. (seal) j RESOLUTION 89-33 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO ROBERT AND DOROTHY ZIERTMAN WHEREAS, Robert and Dorothy Ziertman have made application to the City of Lake Elmo for a Large Lot Subdivision of a parcel of land described as the Northwest Quarter of Section 2, Township 29 N, Range 21 W, Washington, County Minnesota except part of the Southwest Quarter of the Northwest Quarter being the West 660 feet of the North 429 feet of the South 825 feet thereof subject to easement on West Side. PARCEL "A" The South 1125 feet of the West 1100 feet of the Northwest Quarter of Section 2, Township 29, Range 21, Washington County, Minnesota except the West 660 feet of the South 825 feet thereof. Subject to an easement over the West 33 feet thereof for Yeats Avenue. PARCEL "B" The North 425 feet of the South 1550 feet of the West 1100 feet of the Northwest Quarter of Section 2, Township 29, Range 21, Washington County, Minnesota. Subject to an easement over the West 33 feet thereof for Keats Avenue. PARCEL "C" The Northwest Quarter of Section 2, Township 29N, Range 21W, EXCEPT part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 29N, Range 21W, being the West 660 feet of the North 429 feet of the South 825 feet thereof subject to easement on West side; EXCEPT The South 1125 feet of the West 1100 feet of the Northwest. Quarter of Section 2, Township 29, Range 21, Washington County, Minnesota except the West 660 feet of the South 835 feet thereof. Subject to an easement over the West. 33 feet thereof for Keats Avenue; EXCEPT The North 425 feet of the South 1550 feet of the West 1100 feet of the Northwest. Quarter of Section 2, Township 29, Range 21, Washington County, Minnesota. Subject to an easement over the West 33 feet thereof for Keats Avenue. WHEREAS, the Lake Elmo Planning Commission considered these subdivision applications at public hearings held on January 23, 1989 (Washenberger), and April 24, 1989 (Ziertman) and recommended the approval thereof; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit.: R89-33 Large Lot Subdivision - Ziertman/Washenberger/Ziertman 1. The application of Robert and Dorothy Ziertman for a Large Lot Subdivision for the real estate described above, be and the same hereby is granted; provided applicant pay a $450 park dedication fee for the two newly created lots. ADOPTED by the City Council of the City of Lake Elmo this 6th day of June, 1989. Sig Susati Dunn, Mayor Attest: ' / Pa- icier a r s n, City Administrator EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA HELD JUNE 6, 1989 Pursuant to due call and notice thereof, a regularly scheduled meeting of the City Council of the City of Lake Elmo, Washington County, Minnesota, was held at the City Hall in said City on the 6th day of June, 1989 at 7:30 p.m. The following members were present: Mayor Susan Dunn, Todd Williams, Donald Moe, Charles Graves and Lee Bunt. The following members were absent: Todd Williams introduced the following resolution and moved its adoption: RESOLUTION NO. 89-34 RESOLUTION TO RELEASE AND DISCHARGE EASEMENT WHEREAS, at a regular meeting of the City Council of the City of Lake Elmo held on the 6th day of June, 1989, a motion was made, seconded and carried to release and discharge that certain easement described as follows: That certain Surface Water Drainage Easement and Agreement dated November 11, 1980, recorded December 15, 1980, as Doc. No. 41.2741, in the office of the Washington County Recorder. WHEREAS, the hearing was held„pursuant to notice as required by law on the 6th day of June, 1989; and tr _' 0 WHEREAS, no objections to the release and discharge of the said easement were made known to the City Council and no one appeared at said meeting in opposition thereto; and WHEREAS, it appears to be in the best interests of the public to release and discharge said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Washington County, Minnesota as follows: 1. That that certain Surface Water Drainage Easement and Agreement dated November 11, 1980, recorded December 15, 1980, as Doc. No. 412741, legally described as follows, to -wit: The North Half (N-�) of the North Half (A) of the Northeast Quarter (NE'k) of Section Thirty-one (31), Township Twenty-nine (29) North, Range Twenty (20) West excepting therefrom the East Six Hundred Sixty (660) feet of the South Two Hundred Sixty-seven (267) feet and also except the East Three Hundred Thirty (330) feet of the North Two Hundred .Forty-five (245) feet of the South Five Hundred Twelve (51.2) feet. may be, and hereby is, released and discharged. BE IT FURTHER RESOLVED that the Mayor and Clerk were authorized to execute a Release and Discharge of Easement and cause the same to be filed in the office of the Washington County Recorder. Susan Dunn, Mayor - 2 - ATTEST: The motion for the adoption of the foregoing resultion was duly seconded by Charles Graves, and upon vote being taken thereon, the following voted in favor thereof: Susan Dunn, Todd Williams, Donald Moe, Charles Graves and Lee Hunt and the following voted against the same: **** ***** ***** Whereupon said resolution was declared duly passed and adopted and was signed by the mayor and her signature was attested by the Clerk. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) I, the undersigned, being the duly qualified and acting Clerk of the City of Lake Elmo, Washington County, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed; 2. I have carefully compared said extract with said original record; - 3 - 3. I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City held on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to the release and discharge of said easement described as follows: The North Half (N�) of the North Half (N'-) of the Northeast Quarter (NEa) of Section Thirty-one (31), Township Twenty --nine (29) North, Range Twenty (20) Jest excepting therefrom the East Six Hundred Sixty (660) feet of the South Two Hundred Sixty-seven (267) feet and also except the East Three Hundred Thirty (330) feet of the North Two Hundred Forty-five (245) feet of the South Five Hundred Twelve (512) feet. 4. Said meeting was duly held, pursuant to call and ot1Ce thereof as required by law. WITNESS my hand and seal ,of said City this day of 1989. CCU. M Patricia H. r'son, Clerk THIS INSTRUME14T WAS DRAFTED BY: ECKBERG, L.AMMERS, BRIGGS, WOLFF & VIERLING Robert G. Briggs 1835 Northwestern Avenue Stillwater, MN 55082 (612)439-2878 - 4 - f RESOLUTION NO. 89-35 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A 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 1989-90 skiing season; and, WHEREAS, 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. At-te ADOPTED, by the Lake Elmo City Council this 20th day of June , Susan Dunn, Mayor atricia I4orr_lson, City Administrator RESOLUTION NO. 89--36 CALLING FOR SETTING OF ASSESSMENT HEARINGS FOR VARIOUS STREET IMPROVEMENT PROJECTS WHEREAS, contracts for the following street improvement projects have been let; and, WHEREAS, the City's Consulting Engineering has advised it is now appropriate and desirable to set the respective assessment hearing dates for the improvements; and, WHEREAS, upon scheduling of the assessment hearings, the Clerk and Engineer are hereby directed to prepare the proposed assessment roll for said improvements, cause the notice of hearings to be published at least two weeks prior to the meeting, and, further cause mailed notice to be given to affected/benefitted propertyowners two weeks prior to the hearing. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF LAKE ELMO, MN: The assessment hearings for the following street improvements arzP hereby set for 7:00 p.m., on Tuesday September 26, at Lake Elmo, City Hall. 20th Street, from Lake Elmo by: bituminous overlay Avenue to.Manning Trail 38th & 39th Streets, within Bordner Garner's Farmettes 33rd St., and Klondike Avenue, from Lake Elmo Avenue to T.H. F. 43rd. St. & Kimbro Avenue, from Lake Elmo Avenue to 47th St. by: patching and bituminous overlay by: patching and bituminous overlay by: street reconstruction ADOPTED, by the Council this 15th day of August, 1989. Su an Dunn, Mayor r RESOLUTION NO. 89-37 ORDER CITY OF LAKE ELMO In the Matter of Hazardous Building Located at 7676 Hudson Boulevard. City of Lake Elmo, Washington County, Minnesota, commonly known as the Cozy Cove Motel. Legally described as all that part of the South half of the Southeast Quarter (SI/2 of SEI/4) of Section thirty-two (32), Township Twenty-nine (29) North, Range Twenty-one (21) West, described as follows, to -wit: Beginning at the Southwest corner of the Southeast Quarter of said Section and thence running East on said Section line 351.57 feet to a point; thence North and parallel to the West line of said Southeast Quarter (SEI/4) Three Hundred Eighty (380) feet to a point; thence East on a line parallel to the South Section line Three Hundred Ninety-six (396) feet to a point; thence South on a line parallel to said West line of said Southeast Quarter (SEI/4) Three Hundred Eighty (380) feet to the South section line; thence West along said Section line Three Hundred Ninety-six (396) feet to the point of beginning, except that part taken for highway purposes, and All that part of the South half of the Southeast Quarter (SI/2 of SEI/4) of Section Thirty-two (32), Township Twenty-nine (29) North, Range Twenty-one (21) West, described as follows, to -wit: Beginning at the Southwest corner of the Southeast Quarter of said Section and thence running East on said Section line Seven Hundred Forty-seven and fifty-seven hundredth (747.57) feet to a point; thence North and parallel to the West line of said Southeast Quarter (SEI/4) Three Hundred Eighty (380) feet to a point; thence East on a line parallel to the South Section line One Hundred Thirty-two (132) feet to a point; thence South on a line parallel to said West line of said Southeast Quarter (SE1/4) Three Hundred Eighty (380) feet to the South section line; thence West along said Section line One Hundred Thirty-two (132) feet to the point of beginning, except that part taken for highway purposes; subject to the restriction that no school house building shall ever be moved on to and located upon said land. TO: Elmer Haase and Ruth Haase, husband and wife. 1. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the Council of the City of Lake Elmo, having duly considered the matter, finds the above described building to be a hazardous building for the following reasons: a. The foundation and wood supporting walls of the premises is in need of structural repair. b. The roof has rotted members and needs sheathing and reshingling. c. There are missing or damaged interior and exterior doors. d. A substantial number of windows are broken or missing. e. Interior walls are damaged or dilapidated. f. The building does not meet the State Electrical Code. g. The bathrooms need fixtures replaced or repaired and need to be replenished to meet the State Plumbing Code. h. The heating system is in disrepair and does not comply with existing codes. J. The exterior area is filled with debris, junk and inoperable auto- mobiles in violation of City codes. j. The buildings are a greater fire hazard due to the exposure of wooden framing members and holes into the ceilings and due to the fact that the buildings are open, vacant and unattended. 2. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, Sections 463.15 to 463.261, the council hereby orders the record owners of the above hazardous building to repair and make such building safe and not detrimental to the public health, welfare and safety by making the following necessary repairs: a. Structural repairs to foundation walls and wood supporting walls. b. Replace all rotted roof members including sheathing and reshingle roofs. c. Replace all missing or damaged doors both inside and outside. d. Repair or replace all broken or damaged windows. e. Repair or replace all damaged or dilapidated interior walls and ceilings. f. Rewire structures per State Electrical Code. g. Replace damaged fixtures in bathrooms and replumb all bathrooms per State Plumbing Code. h. Repair or replace heating systems per existing codes. N i. Surrounding property must be cleaned of all debris and junk per City ordinance for the City of Lake Elmo. j. All work to the property in question shall be governed under Section 303 of the 1985 Uniform Building Code and the building codes of the State of Minnesota. Either such repairs shall be completed within 30 days of the date of the service of this order or the building shall be razed or removed before that date. 3. The council further orders that unless such corrective action is taken or an answer is served upon the City of Lake Elmo and file in the office of the Administrator of District Court of Washington County, Minnesota within 20 days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Washington County. 4. The council further orders that if the city is compelled to take any corrective action herein, all necessary costs expended by the city will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22. 5. The Mayor, Administrator, City Attorney and other officers and employees of the city are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the costs thereof against the real estate described above for collection along with taxes. r Adopted by the City Council this /J day of 1989. (SEAL) Mayor Susan Dunn �- 3 RESOLUTION 89-38 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT SUBDIVISION TO JOHN HANNER WHEREAS, John Hanner has made Elmo for a Simple Lot Subdivision follows: Lots 790 thru 811 inclusive, Lots 894 thru 919 inclusive, and vacated Shady Nook Lane, Section 9, Township 2.9 North, County, Minnesota. application to the City of Lake of the property descirbed as Lots 836 thru 865 inclusive, Lots 920 thru 942 inclusive, Lane's DeMontreville Club, Range 21 West, Washington WHEREAS, the Lake Elmo Planning Commission considered this application at a regularly scheduled meeting on August 28, 1989 and recommended the approval of the above described parcel into two parcels described as follows: Parcel A Lots 802 thru 811 inclusive, Lots 836 thru 853 inclusive, Lots 904 thru 932 inclusive and vacated Shady Nook Lane, Lanes DeMontreville Country Club Addition, Section 9, Township 29 North, Range 21 West, Washington County, MN Parcel S Lots 790 thru 801 inclusive, Lots 854 thru 865 inclusive, Lots 894 thru 903 inclusive, Lots933 thru 942 inclusive, and vacated Shady Nook Lane, Lanes DeMontreville Country Club Addition, Section 9, Township 29 North, Range 21 West, Washington County, Minnesota. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: The application of John Hanner for a Simple Lot Subdivision for the real estate described above, be and the same hereby is granted, based on the following conditions: 1. The applicant pays a park dedication fee of $450 for the newly created lot. 2. The applicant conforms to all recommendations of the City Engineer and Department of Natural Resources. R89-38 Hanner Simple Lot Subdivision Page 2 ADOPTED by the City Council of the City of Lake Elmo this 5th day of September, 1989. Dunn, Mayor' At DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON } CITY OF LAKE ELMO ) 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 in the City of Lake Elmo, Washington County on the 5t-h day of , -I qeq Mary ueffner Deputy Clerk 1 11 670581 NOV 1 4 1991 DRAFTED BY THE CITY OF LAKE ET110 CERTIFICATION: STATE OF MINNESOTA ) COUNTY OF WASHINGTON) CITY OF LAKE ELMO ) I hereby certify that Resolution ' 89-39 is a true and correct copy of a resolution presented to and'adopted by the City Council of the City of Lake Elmo at a meeting thereof held in the City of Lake Elmo, Washington County on the 5th September 1989 Lha=u�Lu=mby, Deputy City Clerk day of 6'70581 i): 'IC,:_E Co' G70581- RESOLUTION 89-39 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT SUBDIVISION TO JAMES AND VIVIAN PALECEK WHEREAS, James and Vivian Palecek have made application to the City of Lake Elmo for a Simple Lot Subdivision of the property described as follows: That part of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, described as follows: The West 240 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North, Range 21 West, Washington County, Minnesota, EXCEPT the North 475 feet thereof. Subject to a 16.5 foot road easement along the East side of this description, and subject to a 16 foot easement along the South side of this description to Northern States Power Company. This parcel contains 4.65 acres, more or less. WHEREAS, the Lake Elmo Planning Commission considered this application at a regularly scheduled meeting on August 28, 1989 and recommended the approval of the above described parcel into two parcels described as follows: Parcel 1 The South 315.00 feet of the North 790.0 feet of the West 240.00 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North, Range 21 West, Washington County, Minnesota. Subject to the right-of-way of Jamley Avenue North over, under and across the East 30.00 feet thereof. Subject.to an Easement for storm water drainage purposes only, over and across all that part of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North, Range 21 West, Washington County, Minnesota, being a strip of land 15.00 feet in width and 7.50 feet on either side of the following described centerline: Commencing at the northwest corner of said Northwest Quarter of the Northwest Quarter, thence southerly along the westerly line therof 475.00 feet; thence easterly parallel with the northerly line of said Northwest Quarter of the Northwest Quarter 210.00 feet; thence southerly parallel with said westerly line 215.00 feet to the point of beginning of the centerline description of the 15.00 wide storm water drainage easement; thence westerly parallel with said northerly line and along 670581 said centerline 75.00 feet to the end of the centerline being described. Subject to and together with any other valid easements, reservations or restrictions. Parcel 2 All that part of the West 240.00 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North, Range 21 West, Washington County, Minnesota, lying southerly of the North 790.00 feet thereof. Subject to an easement to Northern States Power Company across the South 16.00 feet thereof. Subject to the right-of-way of Jamley Avenue North over, under and across East 30.00 feet thereof. Subject to Drainage Easements of record. Subject to an together with any other valid easements, reservations or restrictions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: The application of James and Vivian Palecek for a Simple Lot Subdivision for the real estate described above, be and the same hereby is granted, based on the following conditions: 1. The applicant pays a park dedication fee of $450 for the newly created lot. 2. The applicant conforms to all recommendations of the City Engineer and Valley Branch Watershed District. 3. The applicant deed to the City the roadway and utility easement as described on the Certificate of Survey prepared by Barrett M. Stack, R.L.S. 4. The applicant deed to the City the Drainage Easement as described on the Certificate of Survey provided by Barrett M. Stack, R.L.S. ADOPTED by the City Council of the City of Lake Elmo this 5th day of September, 1989. Signs Dunn, Mayor �— At DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution - q 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 5'6 day of tn�, /ate Mary Kueffn� Deputy Clerk ��-e�Az� RESOLUTION 89-39 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SIMPLE LOT SUBDIVISION TO JAMES AND VIVIAN PALECEK WHEREAS, James and Vivian Palecek have made application to the City of Lake Elmo for a Simple Lot Subdivision of the property descirbed as follows: That part of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, described as follows: The West 240 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North, Range 21 West, Washington County, Minnesota, EXCEPT the North 475 feet thereof. Subject to a 16.5 foot road easement along the East side of this description, and subject to a 16 E foot easement along the South side of this description to Northern States Power Company. This parcel contains 4.65 acres, more or less. WHEREAS, the Lake Elmo Planning Commission considered this application at a regularly scheduled meeting on August 28, 1989 and recommended the approval of the above described parcel into two parcels described as follows: Parcel 1 The South 315.00 feet of the North 790.0 feet of the West 240.00 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North, Range 21 West, Washington County, Minnesota. Subject to the right-of-way of Jamley Avenue North over, under and across the East 30.00 feet thereof. Subject to Drainage Easements of record. Subject to and together with any other valid easements, reservations or restrictions. Parcel 2 All that part of the West 240.00 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North, Range 21 West, Washington County, Minnesota, lying southerly of the North 790.00 feet thereof. Subject to an easement to Northern States Power Company across the South 16.00 feet thereof. Subject to the right-of-way of Jamley Avenue North over, under and across East 30.00 feet It Subject to Drainage Easements of Subject to an together with any reservations or restrictions. thereof. record. other valid easements, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: The application of James and Vivian Palecek for a Simple Lot Subdivision for the real estate described above, be and the same hereby is granted, based on the following conditions: 1. The applicant pays a park dedication fee of $450 for the newly created lot. 2. The applicant conforms to all recommendations of/ the City Engineer and i-t *, + f _tuica, n "rnGg V'1614)10 3. The applicant deed to the City the roadway and utility easement as described on the Certificate of Survey prepared by Barrett M. Stack, R.L.S. 4. The applicant deed to the City the Drainage Easement as described on the Certificate of Survey provided by Barrett M. Stack, R.L.S. 5. The applicant provides a 15 foot wide drainage easement from the Jamley Avenue right-of-way westerly to the ponding easement shown on the survey, at the location. ADOPTED by the City Council of the City of Lake Elmo this 5th day of September, 1989. S i g n e �i, , Susan Dunn, Mayor —� r Attut: y//yWicid�4�Lrl7LlL[��//11 l�at"ricia'�Mor�1'son, Citv Administrator RESOLUTION 89-40 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO STEVEN J. DAHLY WHEREAS, Steven J. Dahly has made application to the City of Lake Elmo for a Large Lot Subdivision of the property descirbed as follows: The East 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, containing 20 acres, more or less, into two tracts legally described as follows, to wit: PARCEL "A" The West 1/2 of the East 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota subject to an easement over the North 33 feet thereof for 15th Street North and also subject to an AMOCO pipeline easement per Document No. 558286. PARCEL "B" The East 1/2 of the East 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 28, Township 29 North, Range 21 Weest, Washington County, Minnesota, subject to an easement over the North 33 feet thereof for 15th Street North and also subject to an AMOCO pipeline easement per Document No. 558286. WHEREAS, the Lake Elmo Planning Commission considered this application at a public hearing on March 27, 1989 and recommended the approval thereof; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: The application of Steven J. Dahly for a Large Lot Subdivision for the real estate described above, be and the same hereby is granted, based on the following conditions: 1. The applicant provides a survey showing the dimensions of the pipeline easement. 2. The applicant dedicate a 33 foot right-of-way street and utility easement to the City of Lake Elmo. 3. The applicant pays a park dedication fee of $450 for the newly created lot. 4. That all principal structures be set back a minimum of 100 feet from the pipeline. ADOPTED by the City Council of the City of Lake Elmo this 5th day of September, 1989. Signe�a-�&ir������l�A' Dunn, Mayor /� At e DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 2,q- D 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 ,,`µ day of S: em , I�k4 Mary Kueffn Deputy Clerk �a6(0 RESOLUTION 89-41 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO THE APOSTOLIC BIBLE CHURCH WHEREAS, James A. Moberg, on behalf of the Apostolic Bible Church has made application to the City of Lake Elmo for a Large Lot Subdivision of the property described as follows: The Southeast Quarter of the Southeast Quarter of Section 28, Township 29, Range 21, Washington County, Minnesota, except the following two parcels: Parcel 1: The East 165.00 feet of the South 264.00 feet of the Southeast Quarter of said Section 28. Parcel 2: That part of the Southeast Quarter of said Section 38 described as follows: Commencing at the southwest corner of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, a distance of 1770.00 feet to the point of beginning; thence North 01 degree 06 minutes 32 seconds West 181.50 feet; thence North 88 degrees 53 minutes 28 seconds East 276.28 feet; thence South 00 degrees 50 minutes 58 seconds East 181.50 feet tothe south line of the Northwest Quarter of said Section 28; thence westerly along the south line of said Southeast Quarter, 275.46 feet to the point of beginning. The above described land is subject to the right-of-way of County Road No. 70. The above described parcel contain 37.303 acres. Whereas, the Planning Commission considered this application at a public hearing on April 24, 1989 and recommended the following described 14.352 parcel be subdivided from the above referenced parcel a Parcel: That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29, Range 21, Washington County, Minnesota described as follows: Commencing at the southwest corner of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, 1770.00 feet to the point of beginning; thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 168.77 feet; thence North 38 degrees 53 minutes 28 seconds East, tangent to the last curve, 125.60 feet; thence northerly along a tangential curve, concave to the Northwest, having a radius of 254.72 feeet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds West, tangent to the last curve, 74.17 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 60.00 feet and a central angle of 39 degrees 11 minutes 42 seconds, 41.04 feet to a point of reverse curve; thence northeasterly, northerly and westerly along said reverse curve, concave to the southwest, having a radius of 60.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet; thence North 00 degrees 47 mintes 19 seconds West, not tangent to last curve, 257.85 feet; thence South 88 degrees 47 minutes 13 seconds West, parallel with the north line of said Southeast Quarter of the Souheast Quarter 591.91 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter; thence easterly along the South line of said Southeast Quarter of the Souheast Quarter 464.71 feet to the point of beginning. Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: The application of James Moberg on behalf of the Apostolic Bible Church 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 conforms to all recommendations of the City Engineer, including, but not limited to drainage. 2. The applicant pays a park dedication fee of $450 for the newly created lot. ADOPTED by the City Council of the City of Lake Elmo this 5th day of September, 1989. ^� Signed:lc Susan Dunn Mayor Attest: DRAFTED BY THE CITY OF LAKE ELMO CERTIFICATION STATE OF MINNESOTA ) t COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution q-�41 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 5f- day of -5epTEm& p )UR9 - t Mary ueffn Y j Deputy Clerk 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 �h day of .Qg , lq'?q . Mary Kueffner Deputy Clerk RESOLUTION 89-42 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO GILBERT SULLWOLD WHEREAS, Gilbert Sullwold has made application to the City of Lake Elmo for a Large Lot Subdivision of the property described as follows: That part of the Southwest Quarter of Section 2, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota described as follows: The East Half of the Southeast Quarter of the Southwest Quarter of said Section 2; and The south 152.00 feet of the east 325.50 feet of the West Half of the Southeast Quarter of the Southwest Quarter of said Section 2; and Beginning at the southeast corner of the west 43.00 feet of the Southwest Quarter of the Southwest Quarter of said Section 2; thence North 01 degrees 32 minutes 44 seconds West, (bearings are based on the Washington County Project Coordinate System, South Zone), along the east line of said west 43.00 feet, a distance of 200.01 feet to the northeast corner of the south 200.00 feet of the west 43.00 feet of said Southwest Quarter of the Southwest Quarter of Section 2; thence South 89 degrees 26 minutes 53 seconds East, a distance of 830 feet, more or less, to the shore of Clear Lake; thence southerly and southeasterly, along said shre of Clear Lake, a distance of 300 feet more or less, to its intersection with the outh line of said Southwest Quarter of the Southwest Quarter of Section 2; thence westerly, along said south line of the Southwest Quarter of the Southwest Quarter, to the point of beginning; and, The North Half of the Northwest Quarter of Section 11, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota excepting therefrom the following described 3 parcels of land: 1. The north 125.00 feet of the west 381.51 feet of the South Half of the Northwest Quarter of the Northwest Quarter of said Section 11. Said South Half of the Northwest Quarter of the Northwest Quarter is defined by using the U.S. Public Land Survey proportional distance method of subdivision. 2. The south 140.00 feet of the east 10.00 feet of the west 43.00 feet of the North Half of the Northwest Quarter of the Northwest Quarter of said Section 11. 3. The west 33.00 feet of the north 192.98 feet of the Northwest Quarter of the Northwest Quarter of said Section 11. G I \' This overall parcel contains 103.4 acres, more or subject to the right-of-way of Keats Avenue North, 47th Kimbro Avenue North and 50th Street North. less, and is Street North, Whereas, the Planning Commission considered this application at a public hearing on February 27, 1989 and recommended the following described parcel be subdivided from the above described parcel. part.ot the Southeast Quarter of the Southwest Quarter of Section 2 and all that part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota described as follows: Commencing at the northeast corner of said East Half of the Northeast'Quarter of the Northwest Quarter of Section 11; thence South on the east line of said East Half of the Northeast Quarter of the Northwest Quarter (also Quarter Section line), 13 rods to the point ofbeginning of the parcel of land to be described; thence West 12 rods and 12 links; thence 'forth 13 rods to the North line of said Quarter Section; thence East 12 rods and 12 Links to the place of commencement; thence North 01 degrees 21 minutes 11 seconds West (bearings are based on the Washington County Project Coordinate System - South Zone), along the east line of said Southeast Quarter of the Southwest Quarter of Section 2, a distance of 195.69 feet, more or less, to its intersection with the north line of the south 195.68 feet of said Southeast Quarter- of the Southwest Quarter; thence South 89 degrees 08 minutes 09 seconds West, along said north line of the south 195.68 feet of the Southeast Quarter of the Southwest Quarter, a distance of 557.02 feet, m-ore or less, to its inter•-�ection with the west line of the east 557.00 feet of sa-d Southeast Quarter of the Southwest Quarter; thence Sd-ath 01 degrees 21 minutes 11 seconds East, along said west line tf the east 557.00 feet of the Southeast Quarter of the Southwest Quarter, a distance of L95.69 feet, more or less, to its intersection with the south line of said Southeast Quarter of the Southwest Quarter; thence South 89 degrees 08 minutes 09 seconds West, along said°south line of the Southeast Quarter of the Southwest Quarter,.a distance of 99.24.feet, more or less, to its intersection with the west line of said East Half of the Northeast Quarter of the Northwest Quarter of Section ll.; thence South 01 degrees 11 minutes 34 seconds East, along said west line of.the East Half of the Northeast Quarter of the Northwest Quarter, a distance of 565.01 feet, more or less, to its intersection with the south line of the north 565.00 feet of said East Half of the Northeast Quarter of the Northwest Quarter; thence North 89 degrees 08 minutes 09 seconds East, along said south line of the north 565.00 feet of the East Half of the Northeast Quarter of the Northwest Quarter, a distance of 656,20 feet, more or less, to its 'intersection with said east line of the East Half of the Northeast Quarter of the Northwest Quarter; thence ;forth 01 degrees ii minutes 12 seconds ;lest, along said east line of the East Half of.the.Northeast Quarter of the Northwest Quarter, a.distance of •350.51 feet, more or less, to the point of beginning. This parcel contains 10.00 acres, more or less, and is subject to the .right of way of gimbro Avenue North. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to wit: The application of Gilbert Sullwold 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 $450 for the newly created lot; 2. The survey shows that the parcel includes the church acre. 3. The survey shows a 33-foot wide road easement along the entire east line. 4. The warranty deed from Mr. Sullwold to his daughter should include the church acre. 5. This newly created parcel will remain in AG Preserves until such time as the entire 100 +/- acres is taken out of AG Preserves. 6. No other subdivision will be allowed on this property based on the "one house per forty acres" provision of the AG Preserves Act. ADOPTED by the City Council of the City of Lake Elmo this 17th day of October, _1989. Signe Sun/C��iy�Gs-- Dunn, Mayor t RESOLUTION NO. R - 113 A RESOLUTION FOR THE CITY OF LAKE ELMO REGARDING EXCHANGE OF PROPERTY INTERESTS WHEREAS, Gilbert E. Sullwold and Viola Sullwold, husband and wife are property owners within the City of Lake Elmo; and WHEREAS, the above named Mr. and Mrs. Sullwold conveyed to the City of Lake Elmo an easement over a certain parcel of their property in conjunc- tion with Municipal State Aid street improvements in 1983 and 1988; and WHEREAS, Mr. and Mrs. Sullwold have had their property surveyed for the purposes of land registration proceedings; and - - WHEREAS, the City of Lake Elmo is no longer is need of said easement; and WHEREAS,'Mr._ and Mrs. Sullwold are prepared to grant fee title to the City of Lake Elmo in a certain portion of their land and a permanent road easement over another portion of their land in exchange for the City of Elmo's release of their previously granted easement; and WHEREAS, Raymond O. Marshall, Esq.-attorney for Mr. and Mrs. Sullwold has agreed to prepare the three deeds necessary to complete this transaction, NOW, THEREFORE, BE IT RESOLVED that the City of Lake Elmo shall upon presentation of the required deeds, convey to Gilbert E.'Sullwold and Viola _ -- Sullwold, husband and wife the following parcel: The south 140.00 feet of the east 10.00 feet of the west 43.00 feet of the North Half of the Northwest Quarter of the Northwest Quarter of Section 11, Township 29 North, Range 21 West, City of Lake Elmo, -Washington County, Minnesota; and-.. - FURTHER LET IT BE RESOLVED, that the City of Lake Elmo shall accept in fee simple from Gilbert E. Sullwold and Viola Sullwold, husband and wife the following parcel: The west 33.00 feet of the North Half of the Northwest Quarter of the Northwest Quarter of Section 11, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota which lies south of the north 192.98 feet thereof; and PDRTHER BE IT RESOLVED, that Gilbert E. Sullwold and Viola Sullwold shall convey to the City of Lake Elmo and the City shall accept, a permanent road easement over part of the North Half of the Northwest Quarter of Section 11, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota described as follows: Beginning at the southwest corner of said North Half of the Northwest Quarter;•thence North 01 degrees 12 minutes 39 seconds West, (bearings are based on the Washington County Project Coordinate System, South Zone) along the west line of said North Half of the Northwest Quarter, a distance of 39.00 feet; thence North 87 degrees 08 minutes 04 seconds East, a distance of 550.36 feet; thence North 89 degrees 00 minutes 08 .. seconds East, a distance of 2074.37 feet, more .or less, to its intersec- tion with a point on the east line of said North Half of the Northwest Quarter which is 62.00 feet north of the southeast corner of said North Half of the Northwest Quarter as measured along said east line thereof; thence South 01 degrees 11 minutes 12 seconds East, along said east line of the North Half of the Northwest Quarter, a distance of 62.00 feet to _ said southeast corner of the North Half of the Northwest Quarter; thence r South 89 degrees 06 minutes 46 se conds West along the south line of said North Haslf of the No rthwest'Quarter, a distance of 2624.50 feet to the ... .: point of beginning; and .. :. ` s>,_,._ FURTHER. BE IT RESOLVED, that by the exchange of these property _< the City of Lake Elmo in manner intends to waive or release the G f—.interests, Sullwolds from any previously stated and acknowledged requirements for Rimbro Avenue right-of-ways in conjunction with the ten acre subdivision granted to Mr. and Mrs. Sullwold. A opt d, by the City Council of the City of Lake Elmo this day of 1989. ra :. Susan Dunn, Mayor 3 RESOLUTION NO. R— 416 A RESOLUTION DENYING THE EXTENSION OF A FILL PERMIT FOR EDWARD T. GORMAN WHEREAS, Edward T. Gorman has requested the City of Lake Elmo to extend the fill permit originally granted to him by the City on September 4, 1987; and WHEREAS, the City Council has provided the Applicant, all interested parties and the city staff an opportunity to be heard in this matter; and WHEREAS, the City Council for the City of Lake Elmo has made the following findings of fact: 1. Mr. Edward T. Gorman applied for and was administratively granted a fill permit on September 4, 1987 for the purpose of accepting and stockpiling clean fill needed for future grading on to his property located at 11011 Stillwater Blvd. within the City of Lake Elmo. 2. Mr. Gorman was specifically told that the granting of such fill permit was no guarantee nor acceptance of approval of any future development plans for his property. 3. Pursuant to the face of the fill permit granted in September 4, 1987 the fill permit expired one year after it's issue date. 4. The fill permit did not specify the amount of fill Mr. Gorman would be allowed to bring upon his property. 5. At the City Council meeting of September 20, 1988, Mr. Gorman requested a renewal of the fill permit which was granted on September 4, 1987. 6. At the City Council meeting of September 20, 1988, Mr. Gorman was granted an extension of his fill permit allowing him 20,000 cubic yards of fill with the proviso that the fill permit would be reviewed again in the spring of 1989; that the extension of the fill permit did not grant approval to add buildings on the site; that the City was to be assured there would be no rerouting of drainage and all of these conditions were subject to review and approval by the City Engineer. 7. That the issue of Mr. Gorman's fill permit was placed on the Agenda for the April 18, 1989 City Council meeting at the request of the City Engineer, pursuant to the charge of the City Council at it's September 20, 1988 meeting. 8. At the City Council meeting on April 18, 1989 the City Engineer testified that 20,000 cubic yards of fill should not be stockpiled on the Gorman property unless there was a firm plan on what is being done with the fill. WHEREAS, such development proposal has not been received; ( THEREFORE, BE IT RESOLVED, that the City of Lake Elmo hereby denies Mr. Gorman's request for extension of his fill permit originally dated September 4, 1987. FURTHER BE IT RESOLVED, that the City of Lake Elmo will not consider renewing said fill permit until such time as a site plan for the property in compliance with all City requirements in question has been submitted and approved by the City. Dated: October 17, 1989 Signed^/.G�e GCNaa.. /✓ , Sus Dunn, Mayor / RESOLUTION 89.49 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING BUDGET FOR 1990 AND LEVYING TAXES FOR 1990 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 1990; 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 1990 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 1990, and the sum of $652.930 is hereby levied in order to provide the City with the funds required by said budget and that the sum of $70,000 General Obligation Park Bond, $50,000 Equipment Certificate, and a $50,000 Landfill Referendum also be levied for 1990 Bonded Indebtedness for a total City levy of $822,930. 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 21st day of November, SLtgan Dunn, Mayor RESOLUTION NO. 89-,S6 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 Mbs a request not later than December 15 of the preceding year and provided the Municipality file a detailed annual maintenance expenditure report at the end of the year; and, WHEREAS, the City of Lake Elmo desires to receive a maintenance allocation for 1990 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 1990 be equal to 25% of its total 1990 allotment. Adopted by the City Council on December 5, 1989. Susan Dunn, Mayor Patricia Morrison, City Administrator RESOLUTION 89 - 51 RESOLUTION FOR THE CITY OF LAKE ELMO ACCEPTING RESIGNATION OF CITY ADMINISTRATOR WHEREAS, the City of Lake Elmo has been advised by Patricia J. Morrison, the City Administrator, of her intention to resign her position; and WHEREAS, the City Council of the City of Lake Elmo wishes to accomodate the expressed wishes of the Administrator in a manner that would be in the best interest of both the City and Ms. Morrison and in accordance with the employment agreement between the parties; NOW THEREFORE BE IT RESOLVED that the City of Lake Elmo hereby accept the resignation of Patricia J. Morrison, terminating the Employment Agreement executed January 17, 1989; and BE IT FURTHER RESOLVED that the City Council waives the 30 day notice requirement of the Employment Agreement and that the termination of the Employment Agreement will be effective immediately; and BE IT FURTHER RESOLVED that in accord with the provisions of the Employment Agreement, all parties waive any right to a public hearing; and BE IT FURTHER RESOLVED that the severance will be 10 weeks pay, including benefits, beginning December 20, 1989, and payable on the normal salary payment schedule used by the City; and BE IT FURTHER RESOLVED that Patricia J. Morrison immediately surrender all City property in her possession, including any and all keys to City facili— ties; and BE .IT FURTHER RESOLVED that Patricia J. Morrison remove her personal belongings from City Hall and from any other City facilities before 12:00 noon on December 20, 1989; and BE IT FURTHER RESOLVED that Patricia J. Morrison be given credit for all unused vacation. ADOPTED, by the City Council of the City of Lake Elmo this day of December, 1989. C cI 1, r11'_ Susan Dunn, Mayor Attest: 4 Mary Kuelfner, NAng City Administrator Approv d as to Form: Fr eric W. Kna, City Attorney RESOLUTION 88-5,1, RESOLUTION OF THE CITY OF LAKE ELMO APPOINTING MARY KDEFFNER AS ACTING CLERK ADMINISTRATOR FOR THE CITY OF LAKE ELMO EFFECTIVE DECEMBER 20, 1989 FOR AN INDEFINITE PERIOD WHEREAS, a vacancy has occurred as a result of the acceptance by the City of Lake Elmo of the resignation of Patricia Morrison, City Administrator; and WHEREAS, the effective date of the resignation of Patricia Morrison is December 20, 1989; and WHEREAS, the ongoing business of the City of Lake Elmo requires a per- son acting in the capacity of Administrator for the efficient and ongoing opera- tions of the City, NOW, THEREFORE, BE IT RESOLVED that the City of Lake Elmo hereby appoints Mary Kueffner as Acting Clerk/Administrator for the City of Lake Elmo, Minnesota, such appointment being effective December 20, 1989; and BE IT FURTHER RESOLVED that the term of such appointment of Mary Kueffner shall be at will and for an indefinite period of time in the discretion of the City Council and at such additional financial terms as may be sub- sequently agreed upon between Mary Kueffner and the City Council of the City of Lake. Elmo, Minnesota. THIS RESOLUTION WAS ADOPTED the 19th of December, 1989. Susan Dunn, Mayor Attest: �`% Ql 4 a-)(i Mary K ffn r, ing City Administrator Approved as to form - Fr deric W. Knaak City Attorney F