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HomeMy WebLinkAbout01-02-90 CCMDATE APPROVED: 1/16/90 DATE ISSUED: 2/2/90 LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1990 Mayor Dunn called the City Council meeting to order. at 7:03 p.m. in the City Council chambers. Present: Dunn, Hunt, Williams, Graves, City Engineer Larry Bohrer, City Attorney Fritz Knaak, and Acting -Administrator Mary Kuef.fner. 1. AGENDA M/S/P Williams/Hunt - to approve the January 2, 1990 City Council agenda as presented. (Motion carried 4-0). 2. MINUTES: December 5, 1989 M/S/P Williams/Hunt - to approve the December 5, 1989 City Council minutes as amended. (Motion carried 4-0). MINUTES: December 19, 1989 M/S/P Hunt/Graves -- to approve the December 19, 1989 City Council minutes as amended. (Motion carried 4-0). 3. CLAIMS M/S/P Graves/Williams -• to approve the January 2, 1990 Claims #92728 thru #92789 as presented. (Motion carried 4-0). 4. PUBLIC INQUIRIES Todd Williams reported Twin Cities Live will be broadcasting a program regarding solid waste disposal in the Metropolitan area at 9:00 a.m. on Wednesday. Williams encouraged. interested residents to attend the KSTP TV Studios because some Lake Elmo residents will be interviewed and there will be an opportunity for the audience to ask questions. Ted Sterbenk, 9141 31st St. N., submitted a petition requesting street lights on the corner of Janero Avenue North and 31st Street N.; Jamley Avenue N. and 31st St.; and Friedrick Road and 31st St-. The staff will review this request and report back to Council. Gary Lee, 8251 Deer Pond Ct., reported the house at 8191 Lake Jane Trail, next to Pebble Park, has a large light on the front of his house lighting up the construction of his new garage and asked who gave authorization. The staff will review this request and report back to Council. Dick Johnson, 8896 Lake Jane Trail, submitted a letter, signed by concerned citizens, requesting an explanation of the reasons for the forced resignation of the Lake Elmo City Administrator, Patricia Morrison, on December 19, 1989. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1990 PAGE 2 "On the advise of our City Attorney", Mayor Dunn responded, "we feel the best for all concerned is to leave the situation as it has occurred. Ms. Morrison has resigned, the resignation has been accepted, the issue is closed, any further discussion at a public forum would not be in the best interest of Ms. Morrison." Teddie Carlson stated, "your response on the advise of legal council does fulfill my question that I had for signing Dick's letter." Councilman Graves reiterated, "it was not an unanimous decision, (3-1:Graves), to accept Ms. Morrison's resignation, which was tendered in response to a resign or be removed from office statement from other Council members". 5. REAPP REPORT Todd Williams reported they have receivd the hydrogeological technical memorandum from the County and will forward this to DPRA. Todd informed the Council there bad been an official meeting of the Metropolitan Council staff regarding the redefinition of the buffer area. Because of such short notice, he went ahead and directed Ellen Sampson to attend this meeting. Another meeting will be held this week and Todd requested Attorney Sampson to attend. The Council had no objection to this request. 6. CITY COUNCIL. APPLICATIONS The City received four applications for the vacancy of Donald Moe on the City Council. Those applying are: Kelly Brockman, Arlyn Christ, Dick Johnson and Karen Johnston. Because of vacations during the Holidays, some Council members did not have an opportunity to interview the applicants. The Council set a deadline of Wednesday, January loth, for new applications. This would give the Council time to do the interviewing. Therefore, the following motion was made: M/S/P Williams/Hunt - to postpone consideration of applications for City Council position until the January 16th Council meeting. (Motion carried 4-0). 7. ANNUAL ORGANIZATIONAL MEETING: A. Election of Acting Mayor Each year the Council elects a Councilmember as Acting Mayor. Todd Williams was elected to this position for 1989. Mayor Dunn desired a full Council before this appointment is made and requested postponement of election of Acting Mayor until there is a full Council. M/S/P Graves/Hunt - to table the election of Acting Mayor for 1990 until there is a Full Council. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1.990 PAGE 3 B. Designation of Official Newspaper The City's legal newspaper in 1989 was the Oakdale/Lake Elmo Review. The City has received a letter from Lillie Publications and from White Bear Press Publications expressing their interest in serving as the City's legal newspaper. Staff reported the Oakdale/Lake Elmo review has a circulation of 950 to 1029 for the entire paper with a guesstimate of between 200-300 circulation in Lake Elmo. The White Bear Press circulation in Lake Elmo is approximately 2,000. If residents do not get their paper, they are suppose to notify Editor Gene Johnson. Councilman Hunt believed, based on circulation basis, it would make more sense to adopt White Bear Press as the legal newspaper as it does reach over twice as many households in the City. Hunt added it has become apparent we need to improve the distribution of the City's Newsletter which needs to be made a priority for. 1990. When asked if there was money in the budget, Finance Director Banister .reported there was $500 in the budget for the Newsletter. Councilman Graves pointed out the Press' quoted price of $200 to print each copy of the City's Newsletter ($300 for 2200 copies). Now the printing of the Newsletter is being distributed, although erratic, by Lillie Publications at no charge. Graves suggested more frequent Newsletters because they were being done free of charge. Graves asked the Council to consider Lillie Publications as the City's legal newspaper based on the budgetary standpoint alone. Councilman Williams regarded the importance of the distribution of the Newsletter worth some money to get it out to the citizens. This could be tried for a year and, if it doesn't work, this can be addressed at the Annual Organizational meeting. M/S/P Hunt/Williams - to appoint Press Publications as the City's legal newspaper for 1990. (Motion carried 3-1: Graves). C. Selection of Official Depositories The City used the following six depositories in 1989 for placement of City funds in a checking account, in certificates of deposit for short term investments, and in bonds for long-term investments. Finance Director, Marilyn Banister believes these six depositories have provided good service to the City in 1989. State Bank of Lake Elmo Offerman and Company, Inc. Juran & Moody Company, Inc. Prudential -Bach Merrill Lynch Minnesota Municipal Money Market Fund (The 4M Fund) LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1.990 PAGE 4 M/S/P Williams/Graves - to appoint the State Bank of Lake Elmo, Offerman and Company, Inc., Juran & Moody Company, Inc., Prudential -Bach, Merrill Lynch and the Minnesota Municipal Money Market Fund (The 4M Fund) as the City's official depositories for 1990. (Motion carried 4-0). D. Appointment of City Consultants 1. City Engineer A. letter was submitted to the Council from Larry Bohrer, requesting on behalf. of TKDA, reappointment as the City Engineering Consultant. The letter stated there will be no contract changes to this contract for 1990. M/S/P Williams/Graves - to appoint Larry Bohrer of TKDA & Associates as the City's Consulting Engineer for 1990. (Motion carried 4-0). 2. City Attorney (Criminal) Letters of interest were received regarding the City's Prosecution Legal Services from former City Attorney Carl Blondin with a $900 monthly retainer and from our present City Attorney, Glen Jacobson of Caswell & Assoc. with a $950 monthly retainer. M/S/P Graves/Hunt - to appoint Carl A. Blondin as the City's Prosecution legal services for 1990. (Motion carried 4-0). Councilman Hunt noted he seconded the motion with the stipulation he has not seen any problem with the work Attorney Jacobsen has done for the City. A year ago it was the intent to continue with Attorney Blondin, as he had done an excellent job for the City in the past, but because his application was withdrawn, the City remained with the same firm. Councilman Graves agreed with Hunt's comment. This was a financial move above everything else. 3. City Attorney (Civil) The City received a letter from Rauenhorst, Carlson & Knaak indicating their strong interest in continuing to serve the City and its legal needs in the upcoming year. They indicated in their letter they have not sought a fee rate increase from the City since the provisions of their current agreement were adopted in 1986. M/S/P Williams/Hunt - to appoint Fritz Knaak of Rauenhorst, Carlson & Knaak, as our City's Civil Attorney for 1990. (Motion carried 4-0). 4. City Financial Consultant The City received a letter from Kathleen Aho of Public Financial Systems indicating her desire to serve Lake Elmo as financial consultant. They proposed continuation of the engagement under the same terms as the existing agreement without any change in service costs. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2y 1.990 PAGE 5 M/S/P Graves/Hunt - to appoint Public Financial. Systems (Kathleen Aho and Rusty Fifield) as the City's Financial Consultant for 1990. (Motion carried 4-0). 5. City Planner The City received a letter from Mike Black of. James R. Hill., Inc. indicating his desire to serve Lake Elmo as City Planner. James R. Hill, Inc. proposes that the existing Agreement for Professional Services would remain intact including the hourly rate schedule dated July 1988. M/S/P Hunt/Graves - to appoint James R. Hill, Inc. represented by Michael Black as the City Planner for 1990. (Motion carried 4-0). E. City Council Appointments 1. Planning Commission. The terms of Dean Johnston, Dave Johnson and Ed Stevens expire December 31, 3.989. Ed Stevens and Dave Johnson have indicatd a desire to be reappointed. Mr. Johnston regrets that his business prevents him from seeking reappointment. In his letter to the City, Dave Johnson stated, in spite of the fact that he missed several meetings, he may sell his business in March of 1990 which would allow him more time to devote to the Commission. Staff indicated, since Mr. Johnston does not seek reappointment, the Council should appoint Wyn John (currently 1st alternate) to this seat. M/S/P Graves/Williams - to appoint the Planning Commission commencing 31, 1.992. (Motion carried 4-0). Wyn John to a three-year term to January, 1990 and ending December M/S/P Williams/Hunt - to reappoint Ed Stevens to a three-year term to the Planning Commission commencing January, 1990 and ending December- 31, 1992. (Motion carried 4-0). M/No Second Graves/ - to reappoint Dave Johnson to a three-year term to the Planning Commission commencing January, 1990 and ending December 31, 1992. Councilman Williams encouraged Mr. Johnson to reapply, if and when his employment situation changes, so he could attend more meetings. Councilman Hunt recognized the embarassment the PZ has felt when people are waiting in the audience for a public hearing, to be on a phone trying to contact enough PZ members to hold a meeting. Councilman Graves felt Dave had the experience, knows the City Code, has the history of the planning issues confronting the city, and he hates to lose that experience. M/S/P Williams/Hunt - to direct the City Staff to advertise for Planning Commission vacancies with January 31, 1.990 set as a deadline for applications. (Motion carried 4-0). LAKE. ELMO CITY COUNCIL MINUTES JANUARY 2, 1990 PAGE 6 2. Parks Commission The terms of Scotty Lyall, Dan Tra.uscht and Mark 31, 1989. Scotty Lyall has indicated a desire to the staff has not heard back from Dan or Mark. Busta expire December be reappointed, but Parks Commission Chair, Nancy Hansen, requested that the Council postpone making these appointments until its second meeting in January. M/S/P Graves/Hunt - to postpone consideration of. Parks Commission appointments until the January 16th City Council meeting. (Motion carried 4-0). 3. Cable Commission Former Councilmember Don Moe and Dave Garl.off were appointed as the City's representative to the Cable Commission for 1989. Mr. Garl.off has expressed interest in reappointment. Karen Wandmarher, 8935 Lake Jane Trail, submitted a letter of interest. M/S/P Graves/Williams - to appoint Dave Garlof£ and Karen Wandmacher as the City's representatives to the Cable Commission for 1990. (Motion carried 4-0). 4. Community Education: ISD 834 and ISD 622 Nancy Hansen was appointed to ISD 834 Community Education Advisory Board in 1987, 1988, 1989 and has indicated a desire to be reappointed to this position again in 1990. Rosemary Armstrong was appointed to the ISD 622 Community Education Advisory Board in 1987, 1988 and 1989 and has indicated a desire to be reappointed to this position again in 1990. M/S/P Graves/Williams - to appoint Nancy Hansen as Lake Elmo's representative to ISD 834 Community Education Advisory Board for 1990. (Motion carried 4-0). M/S/P Graves/Williams - to appoint Rosemary Armstrong as Lake Elmo's representative to ISD 622 Community Education Advisory Board for 1990. (Motion carried 4-0). 5. Council Representatives City Functions Staff reported in the background information that prior to 1985, two council.members each were appointed to the Budget, Capital Improvement, and Personnel Committees. Since that time, the Council has chosen to act as a committee of the whole to discuss these areas as needed during the year. Staff recommended the Council consider going back to the "Committee" procedure, to try it out for a year, and appoint two members to the Budget, Capital Improvement and Personnel Committees. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1.990 PAGE. 7 ( M/S/P Hunt/Williams - to appoint the Council as a whole to serve as a committee for budget, capital improvement and personnel matters until such time as the vacant Council seat is filled, and we can appoint separate committees for Budget, Capital Improvement and Personnel. (Motion carried 4-0). M/S/P Williams/Graves - to amend the agenda to consider the resolution regarding revoking suspension of Building Permit for Steven and Elizabeth Johnson before Agenda Item B. (Motion carried 4-0). Councilmen Williams and Graves, City Attorney Carlson, met with Mr. & Mrs. Johnson and their attorney to work out an agreement that is satisfactory to both sides. The resolution presented formalized this agreement and allowed Mr. & Mrs. Johnson to continue with construction of their garage. M/S/P Williams/Graves - to adopt Resolution 90-1, Resolution Revoking Suspension of Building Permit #89-254 for Stephen and Elizabeth Johnson at 2.945 Lake Elmo Avenue N. (Motion carried 4-0). Mayor Dunn recognized Scotty Lyall who requested to speak. In relation to the City's legal newspaper Scotty Lyall commented, when he stuffs newspaper boxes with his business advertisements, he does not find many Review papers still in the box, but what he does find is yellowed colored. Press newspapers. Lyall asked for further investigation into this. Scotty requested, Council consideration to begin giving regular peforma.nce appraisals to all employees. Scotty felt the employees deserve that and the Council should --have --these-appraisals-for-their own protection. 8. PLANNING, LAND USE AND ZONING : A. PUBLIC HEARING: Variance to frontage on public street requested by Gerald Dalluge (50th Street) Mayor Dunn opened up the Public Hearing at 8:24 p.m. in the Council chambers. The Public Hearing notice was published and all affected propertyowners were notified. Gerald Dalluge has requested a variance to the required 300 feet of frontage on a public street at 11330 50th Street N. Mr. Dallluge plans on building on the back lot, restricting the house to the north side of the piece of property for privacy reasons. Staff reported they have searched the records and have not been able to find records of any action taken by the City and had checked with Washington County and found the lot split goes back to at least 1974. According to the 1-974 Lake Elmo Municipal Code, staff felt this split was made under those rules. There didn't appear to be much required for a subdivision at that time, however, a 66 foot road easement was recorded through the west side of Tract A. It appeared that there may have been a plan, back in the 1970's for a road to go thru, but no LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1990 PAGE 8 record can be found in the files. It appears that whenever the split was made, provision was made not to landlock the property. Based on today's rules, a lot in the RR zoning district requires 300 feet of frontage on a private road. Since this lot has alreay been subdivided, the variance procedure would be found under Section 301.060 C. of the 1979 Municipal Code. Gabriel Madinich, 11240 50th St. N., had no problem with this request, but requested the driveway be placed as far away from the lot line as possible. Ed Stevens commented anytime someone wants a 1.0 acre lot, with the unlikely possibility that it would be subdivided, this would be greatly to the advantage of the City because it enhances the rural atmosphere. Mayor Dunn closed the public hearing at 8:34 p.m.. Larry Bohrer stated he didn't view this as a private road because it is only serving one parcel. Bohrer added it was difficult to tell from the description of the road easement because it states "an easement for roadway purposes over and across the West 66 feet". He did not think that this is a public dedication, but an easement from one property owner to another for access purposes. M/S/P Hunt/Graves - to approve a variance request to the required 300 feet of frontage on a public street be granted to Gerald A. Dalluge, 11330 50th Street N., based on the following Findings of Fact: (Motion carried 4-0). 1. That this situation is not a result of actions by the applicant, 2. That because the subdivision of these two lots was reported prior to the adoption of the 1979 Municipal Code, 3. That the Council further stipulates the driveway to Parcel B must be located in the eastern most 33 feet of easement. B. Final Plat - Packard Park 3rd Addition The Planning Commission, at its December 11, 1.989 meeting voted 6-2 to deny the Final Plat of Packard Park 3rd Addition. City Engineer, Larry Bohrer; provided his opinion in his letter dated December 6, 1989 on the question regarding whether Lot 1, Block 1, Packard Park 3rd Addn. meets the drainfield area requirements. When City Engineer, Larry Bohrer, was asked by Councilman Williams if Lot 1 Block 1, has one acre above the drainage easement, Bohrer answered "yes, it does". David Bucheck pointed out their continuing concern on the water situation in the area and asked the Council for consideration of some performance standards to state that the pond will be built to make up for the first pond which is not perculating. Since the pond is taken LAKE. ELMO CITY COUNCIL MINUTES JANUARY 2, 1.990 PAGE. 9 from that lot Leaving approx. one acre for that lot, Mr. Bucheck asked if this conforms to the requirement that the area have 1 1/2 acre lots. Planning Commission member Dick Johnson wanted to make the Council aware there is a problem in the definition of the requirement "one acre of land suitable..." and clarification is needed to be consistent with the statement in the Comp Plan. M/S/P Graves/Hunt - to approve the Final. Plat of Packard Park 3rd Addition with Conditions 1-4 listed in Larry Bohrer's letter of November 21, 1989 and to direct the staff to prepare the resolution and developer agreement for this final plat. (Motion carried 4-0). Councilman Williams thanked the Planning Commission for working so hard on this plat and for raising concerns that needed to be raised. Larry Bohrer stated he is definitely aware of the provision in the Comprehensive Plan. Until that is officially adopted and the code is amended to agree with the Comp Plan, Bohrer asked how should the phrase be interpreted in the interim time. M/S/ Williams/Hunt - to recommend the zoning code, where appropriate, be modified such that all lots shall have at least one contiguous acre of land suitable for septic sytems and dedicated, exclusively for septic systems, as well as areas sufficient for two separate and distinct drainfield sites and direct the staff to publish a public hearing notice to institute this change in the Zoning code. Larry Bohrer suggested the staff come up with sample wording for Council review. Councilmen Williams and Hunt withdrew their motion. M/S/P Williams/Hunt - to direct the City staff to come up with proposed wording to institute the suggested changes for the February 6th Council meeting. (Motion carried 4-0). C. Shor.eland Permits The City received, through the DNR, two applications for DNR permits. Neither applicant applied directly to the City, but rather applied to the DNR, and the City is responding to their request for comment. 1. Ken Isaacson, 8009 Hill. Trail. N., has applied for a permit to allow placement of clean aggregate on his vacant property on the north side of Lake Olson. Larry Bohrer reported in his letter dated December 28, 1989 that the aggregate will be placed between the road and the Ordinary High Water Mark for the purpose of erosion control. Bohrer recommended the Shoreland Permit be granted because this work is allowed under the ordinance and no variances are required. He recommended the City inform the DNR that it has no objection to issuing a State permit for the work. The VBWD has already issued their permit for the work. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, I.990 PAGE 10 l M/S/P Williams/Graves - to grant a Shoreland Permit to Ken Isaacson, 8009 Hill Trail N., for placement f 35 cubic yards of clean aggregate on his vacant lakeshore ,property; contingent upon Mr. Isaacson applying for a City Shoreland Permit and contingent upon DNR approval. (Motion carried 4-0). 2. James Buelow Mr. Buelow has applied for a DNR permit to construct a bridge for a driveway access across Eagle Point Creek. The creek bisects Lot 10, Beau Haven Addition which Mr. Buelow owns. This work is also governed by the City's Shoreland Regulations because the shoreland district in this area is 300 feet either side of the creek. The VBWD has reviewed the hydraulic characteristics of the bridge and has issued their permit for the work. In his letter dated Decemebr 28, 1989 to the Council, Larry Bohrer recommended Ahding out the owner's intention for the lot first before passing on this permit application. The lot is slightly over 0.5 acre in size and does not meet the 60% Rule for existing platted lots of record. Not all of the land is useable because of the flood.plains. Bohrer had no objection to the bridge itself because the Watershed District has checked that the 100 year flow can pass beneath. Mr. Buelow has provided soil tests and is ready to start building and has indicated, his intention is to put up a "spec" house for resale. Howard Michaels, who is the adjacent landowner, stated he has no desire to sell any of his land. Larry Bohrer explained the next application would be a subdivision, if there is a willing seller and buyer, to subdivide an acre off and combine it with Lot 10. M/S/ Graves/Hunt - to postpone consideration of the shoreland permit for James Buelow, Lot 10 Beau Haven, until such time as it can be determined if the lot is buildable and that the DNR be notified of the situation and asked to postpone consideration of the permit also. When the Attorney was asked by Councilman Williams if he was comfortable with the motion, Knaak advised not to put the condition in the motion. M/S/P Williams/Graves - to strike the condition out of the motion. (Motion carried 4-0). M/S/P Graves/Hunt - to postpone consideration of the Shoreland Permit for James Buelow on Lot 10, Beau Haven and the DNR be notified of the situation and asked to postpone consideration of the permit also. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1990 PAGE 11 9. CITY COUNCIL REPORTS: Joint Meeting with Planning Commission in March: Councilman Williams would like to see as many as 5 or 6 joint meetings in order to increase communication between the Council and the Commission. State of Pollution Control. Agency has a public hearing, February 1, 1990, on revision of MN Rules Chapter 7050 related to water quality standards and use classifications. A copy was handed out to the City Engineer for his comments. Everyone is invited to the Presentation on Property and Income Tax on January 17th at 7:30 at Afton. Mayor Dunn directed the staff to respond to a letter from Northwestern Railroad thanking us for co-operation in helping with maintenance in the winter months. Mayor Dunn talked to Jack Perkovich, Washington County about architectural standards in the General Business Zone and asked the staff to respond to him. Madson vs. City of Lake Elmo: The plaintiff has withdrawn suit file #CXB6-4193. Mayor Dunn indicated. the City has spent thousands of dollars to fight this nonsensical suit. The tax benefit for the 21.26 acre area was a total (state, county, city, etc.) tax of $6.23/year or 29 cents/acre. Dunn stated she certainly hoped this pettyness has ended. 10. CITY ATTORNEY'S REPORT: City Attorney Knaa-k presented the Council with the Pending Litigation Report. ll. CITY ADMINISTRATOR'S REPORT: There were no reports. 12. OTHER: Councilman Graves felt it was appropriate, as it has been done in the past, resolutions thanking volunteers (Al Kunde, Dave Johnson, Dean Johnston, etc.) and Council member (Don Moe) for their years of service in the city be given out at the Holiday Party. M/S/P Graves/Hunt - to adopt Resolutions 90-2 thru 90-5 thanking volunteers and Council member for their years of service in the City. (Motion carried 4-0). Councilman Williams expressed his interest in having the Personnel Committee, once they are appointed, as their top priority, proposed financial compensation for the Acting City Administrator as soon as possible. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1990 PAGE 12 M/S/P Graves/IIunt - to adjourn the City Council meeting at 9:56 p.m. (Motion carried 4-0). ----------------- Resolutions 90-1 Revoking Suspension of Building Permit #89-254 to Stephen and Elizabeth Johnson Resolutions 90-2 - 90-5 Thanking Planning Commission Members, Dave Johnson, Dean Johnston, Al Kunde and City Council Member, Don Moe Pre s Nbkabom 4779 Bloom Ave., White Bear Lake, Minnesota 55110 • 612-429-7781 Eugene D.Johnson Publisher December 22,1989 Mayor Susan Dunn City of Lake Elmo 3800 Laverne Avenue Lake Elmo, MN 55042 Dear Mayor Dunn: I'm very pleased to respond to your invitation to submit our proposal being designated as the legal newspaper for 1990 for your city. We meet all of the requirements set forth by state statute and our circulation which is provided to every home, townhome, apartment and condominium is audited by verified audit circulation. Publication costs would be $5.67 for one column published in 7 point type with 9 lines to an inch. The second inseration rate is $3.60.an inch when required. You also requested prices on printing and distribution of your newsletter. Enclosed is a separate sheet outlining the proposals for your consideration. We would be very pleased to serve your city and I am confident that you will find our staff very professional and cooperative to work with. If you would like me to provide more information, Iffylase call. I would be very happy to visit with you andj or your co ncil. 11 ncerel GJ/dm encl. n White Bear Press N North Suburban Press N St. Croix Valley Press N Quad Community Press N Blaine Community Press , IJUL 3 119��/ .` / ` Vre55 Nmbk9lo- 4779612-429-7781 Eugenen.Johmmn Publisher July 28, 1999 , City of L.ake Elmo 3827 Lake Elmo Avenue North Lake Elmo, Minnesota 55042 Dear City Manager: This letter is to inform you that you have a full service publishing facility right in your own back yard" Press Publications, located in White Bear Laker has been serving the printing needs of communities such as yours since 1970" Our composition department is fully staffed with graphic artists and layout design personnel. We have typsetting, keyline, proofing and Scanning capabilities" We currently / use Macintosh Plus and GE and AD Vantage II equipment. / Press Publications produces 3 different types of puhlications. broadsheet., (newspaper format) tabloid, \magazine Format) and signature, (booklet Format-). Should you be undecided in which size paper to use, or print type you prefer, we will be happy towork with you to makethat decision" Our darkroom capabilities include film developing., PMT alftonesv screens, stats, enlargement and reductions" Press Publications also nffers detailed color stripping, spot rolor, and a variety of ink colors. Our printing facility in Cambridge, Minnesota is equiped with a 8—unit Harris V`~15A" It has two folders on the north with |our mill roll stands and aJp15 (JF-7) with six mill roll stands on the south" The press is capable of printing 18,000 copies per hour, No job is too big or too small" The Harris web assures close register when printing color, and complete flexibility in color p1acewent. Press con`~ figurations can vary to produce a wide range of work with maximum efficiency. Whitel3earPress H North Suburban Press ?4 St. Croix Valley Press N Quad Community Press N Blaine Community Press City of Lake Elmo Page two July 28, 1989 In our mailroom, Press Publications can complete your product. We offer labeling, stacking, bundling and delivery service. If you would like to see samples of government newsletters, school bulletins, or other print pieces done by Press Publ%retions, please give me a call" Press Publications looks forwaro to working with you and servicing your publishing needs in the month ahead" Sincerely, ( ` Lovelle^ Production Manager ML/cjm [�Nbkabom 4779 Bloom Ave., White Bear Lake, Minnesota 55110 • 612-429-7781 Eugene D.Johnson Publisher December 22, 1989 Mayor Susan Dunn City of Lake Elmo 3800 Laverne Avenue Lake Elmo, MN 55042 Dear Mayor Dunn: Thank you very much for considering Press Publications for the printing and distribution of your Lake Elmo newsletter. Enclosed please find samples of other government newsletters, produced and printed by Press Publications. As you can see you have the choice of various sizes, color usage and paper stock.. Outlined below are several different proposals for your consideration: A. 2200 copies 8 1/2 X 11 (two sided) Black ink 60# white stock No photos Typeset, keyline, proof and minimal changes Inserted into St. Croix Valley Press for Lake Elmo residents (approximately 2,000) $294.00 B. 2200 copies 11 X 17 (two sided) Folded Black ink 60# white stock Typeset, keyline, proof and minimal changes Four photos Inserted into St. Croix Valley Press for Lake Elmo residents (approximately 2,000) $523.00 White Bear Press - N -. North Suburban Press N. St. Croix Valley Press N Quad Community Press N Blaine Community Press - a Mayor Susan Dunn Page 2 C. 2200 copies P 1/2 X 11 (two sided) Black ink 60# white stock No photos Labels, postage, delivery Typeset, keyline, proof, minimal changes Five'digit (all same zip code) $593.00 Basic (includes sorting) $795.00 D. 2200 copies 11 X 17 (two sided)' Folded 60# white stock One color (same side) No photo's, labels, postage, delivery Typeset, keyline, proof, minimal changes Five digit (all same zip code) $952.00 Basic (includes sorting) $1,183.00 The above charges may vary between two and four page newsletters due to weight differential. An extra $10.00 will be charged for graphs or maps. If you have any questions or if I can be of further assistance, please feel free to call me at 429-77el. We loot; forward to working with you in the months ahead. Sincerely, Maulce Love he Production Manager ML/dm r�_ Lillk SUbURbAN NEWSPAPERS November 20, 1989 Honorable Mayor Susan Dunn and City Council City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 Dear Mayor Dunn and Council Members: 2515 E. Seventh Avenue North St. Paul, MN 55109 (612) 777.8800 [DEC 5 i5as We ask that you designate the Oakdale -Lake Elmo Review as the legal newspaper for the City of Lake Elmo for the year of 1990. We ask that the designation be made at your first council meeting of 1990. Legal publication rates for minutes of regular and special meetings, bids, etc., are $5.804.per column inch, $7.74 per column inch tabulated and-03.87. per column inch for each additional publication in'-6--P61n1; type. Thank you for allowing us to serve as your legal newspaper during 1989. Very truly yours, N. Theodore Lillie Raymond J. Enright NTL/RJE:lkr RAMSEY COUNTY REVIEW - MAPLEWOOD REVIEW OAKDALE•LAKE ELMO REVIEW - NEW BRIGHTON BULLETIN - SHOREVIEW BULLETIN I0ti;• ST. ANTHONY BULLETIN - SHOPPING REVIEW - SHOPPING REVIEW EAST - ROSEVILLE REVIEW NEW s SOUTH WEST REVIEW - WOODBURY-SOUTH MAPLEWOOD REVIEW - FRIDLEY SHOPPING BULLETIN - NORTH SHOPPING BULLETIN CHRYSLER Brookman Motor Sales, Inc. Sales Since 1932 Service ® L easing 11144 Stillwater Boulevard North / Lake Elmo, Minnesota 55042 / (612) 777-1316 Rental Dec. 22, 1989 Mayor Susan Dunn and City Council Members City of Lake Elmo Lake Elmo, Mn. 55042 With this letter I would like to submit my application for appointment to fill the vacancy on the City Council. Please advise me if any other information or forms are needed. Sincerely, / /4" rz5u� CHRYSLER ��1 corporatlon �a4 - CITY Cvc/Nc,L ' �r APPLICATION FOR APPOINTI NTS CITY OF LAKE ELMO, MINNESOTA 55042 DATE / a. - X G - 89 NAME �fCR R7� '. '.f o � uS ,A.� ADDRESS L.Aka= 7me- 777CGq►L . AAe F_l,wa /1,V ..SJ<JLf PHONE NO. -7 7 7 - 2 9,73 1. What do you consider to be the major planning and development issues confronting the City of Lake Elmo? a- 7'NF. Clry, DEsP,icRAT�Lr .veeat -7,6 riA.-4L/z.e -'//F_ COM�1�F_ti�Ns/vim PARN A&TJ 6".a//,3AvT /T Tv TNF.M/sr CouvaiL b. li Zp,v/,v9 ORbfAsANCP I AlF_VZ. 2oA//N3 AA/A NhSMwO4y T3r,s,ar_ss C. 7�VBL/C„ (p) AND *PJt1 iAr/. FA'd,L►f CA,r,) roN/N 0reo"V4.✓Cr eJ. dvA14!tCwT,aN 94 ei7� 02p�NtrNC�s, /s .VX-eb—'A. 2. What do you see as the role and function of the Planning Commission? How does this relate to the role and responsibility of the City Council in planning. 7-1+r- P?C !J AN /47JVlSBA7 7$7o;>y PAJD /S it►+SromxiBLz Aog AND l'r M4 k t CL r&A.rz N D "r;4 r eno v a # c. . 3. What experience and ual ficaetions do`you have q you have which you feel will contribute to the B ^{^ ^^^^ ^^ -' work and which will enable you to provide a service in this regard? a. PAST ml:A430A oF" -r#,c ILAte #51.Aio e.�y Co�A.a,L CScotvsl� .,i, 7'CRRs b. 'PRr-ewvr MF..+NSaA ol C. 'PAST 4C14A#AA" Of -t#F=' PZ.C. d . PR,rsA.,vT Msmiu-A of W,e Wf sl%r, AD(I"a CPA4,"1 4-07 4. How much time do you have or are you willing to de+rote to Planning Commission activities? ALL 7 #/s 7"/At.£ 7N4 T Gc- 'FqL Ae A . my Pas7' "czC zt:� o { eQ T T/_-iv p AjvC C. A u o NgRA W&tW /s 7tisT�ra N y 70 '*44T. 'DuIGI,VS oZ F S oN COVNC��I pN� /�ISy'Fp TWo'4►Roe r/#�fS. 5. Wha property or development interest, either direct or indirect, do you have within Lake Elmo? r'� oN or& w.0 i,v '4Ak;E fL,�ry is 6t y Please complete and return to the City Office. r DEC 2 1989 KAREN S. JOHNSTON 8200 Hill Trail North Lake Elmo, Minnesota 55042 (612) 777-5458 December 21, 1989 Susan Dunn, Mayor City of Lake Elmo 3800 Laverne Ave. No. Lake Elmo, MN 55042 Dear Mayor Dunn: I am very interested in becoming a member of the Lake Elmo City Council. Lake Elmo will confront major development and environmental issues during the 1990s, and I believe I am well qualified to assist the city as it.faces and resolves these issues. The full extent of the environmental hazards created by the Lake Jane Landfill are only now coming to light. Responsible clean-up of this site and restoration of an uncontaminated water supply for city residents is imperative. Also of great impor- tance is the prevention of further damage to Lake Elmo's environ- ment and water supply. For these reasons, and for the protection of the quality of life for all Lake Elmo residents, installation of the proposed landfill in the Lake Elmo Regional Park Reserve must be prevented. Decisions made today about whether and how open spaces in our city will be developed will be felt long into the future. .Because of this, it is important that development applications and proposals be viewed with an eye toward reasonable and environmentally sensitive growth that will enhance Lake Elmo. To achieve this goal, a city council member must be able to thoroughly analyze the impact of development proposals and to make responsible and appropriate decisions. As a practicing attorney with a graduate business degree, I believe I have the skills and abilities necessary to accomplish the objectives stated above. This, together with my years of experience in human resources and management in both for profit and non profit organizations demonstrate my ability to grasp a situation, analyze relevant information, evaluate alternatives and propose solutions. Susan Dunn, Mayor Page 2 December 21, 1989 t In the past I have been involved in organized partisan politics at both local and state levels, and have been an active participant in community service organizations. Having now established a home in Lake Elmo, I am anxious to make a contri- bution, particularly in light of the important issues facing our community at this time. Thank you for your consideration of my application. I look forward to hearing from you soon. Sincerely, J7 V� Karen S. Uhnston KSJ:jj CLAIMS TO BE APPROVED AT JANUARY 2, 1990 LAKE ELMO COUNCIL MEETING 92728 92729 92730 92731 92732 92733 92734 92735 92736 92737 92738 92739 92740 92741 92742 92743 92744 92745 92746 92747 92748 92749 92750 92751 92752 92753 92754 92755 92756 92757 92758 92759 92760 92761 92762 92763 92764 92765 92766 92767 92768 (all claims are within budget unless otherwise noted) Commissioner of Revenue - December State Withholding Cleaning - office and Park Shelter Workers League of MN Cities Insurance - Jan. Hosp. Allied Group Insurance Trust - insurance premium Jan Minn. Benefit Assn. - January premium Four Seasons Services - office supplies Wager Office Equipment - computer service agreement Pitney Bowes - copy machine maint, agreement Employee Benefit Adm. - 1990 Workers Comp, premium Frank Langer - assessor's monthly payment TKDA - invoices attached (over budget) Rauenhorst Carlson & KNaak - invoices attached (over budget) Caswell & Assoc. - monthly retainer Leonard Street & Deinard - Landfill - invoice attached Northern States Power - Office $ 204.45 Fire Dept, 505.28 Maint. Dept. 466.96 Street Lites 709.94 Parks 288.58 Water Fund .367.02 Sewer Fund L&.'20 U S West - Office $ 155.43 Fire 110.71 Maint. 48.57 AT & T - office telephones AT & T - Maint. Dept. long distance Road Rescue - Fire Dept. supplies Jim Sachs - Tools from Sears for Station 1 Truck & Truck - Fire Dept. truck repair Oswald Fire Hose - Fire Dept, supplies Roseville Radio - Fire Dept, radio service Communications Sbecialists.- Fire Dept. radio service Motorola - Fire Dept. radios maintenance Minn. State Fire Chiefs Assn. - Fire dept. dues Metro Emergency Managers Assn. - Fire Dept.. dues Stillwater Automotive Diag. Center - Fire 'Dept. truck Minn. Conway Fire & Safety - Fire Dept. supplies Chase/Clark Credit Corp. - Maint, dept loader payment Carlson Equipment Co'. - Maint. Dept. truck repair Kremer Spring & Alisnment - Maint. Dept. Equip for new Amsterdam - Maint. Dept, Dues & Suscrip.. Wear Guard - Maint. Dept. clothing allowance Paper, Calmenson - Maint. Dept. snow blades Truck Utilities - Maint. Dept. truck repair T.A. Schifsky & Sons - street supplies General Communications, Inc. - Maint. Dept. supplies Battery & Tire Warehouse - Maint. Dept. truck repair (over) repair trk $ 1,292.00 25.99 317.53 2,428.38 81.79 51.00 21.60 297.00 677.76 16,886.00 1,500.00 5,358.39 4,051.93 950.00 445.90 2,560.45 314.71 66.95 2.41 135.68 219.21 217.83 48.00 36.20 107.00 786.51 90.00 25.00 553.93 2,193.86 1,556.00 134.00 705.00 152,07 186.43 259.17 20.00 150.00 164.93 7,57 P T JANUARY 2, 1990 CLAIMS (continued) 92769 Vern's GTC Auto Parts - Maint. Dept. truck repair $ 2.85 92770 Blind Custodial Products - Maint. dent supplies 154.03 92771 Marv's Tools - Maint. dent. supplies 69.60 92772 Northern Gases Inc. - Maint. Dept. supplies 132.40 92773 Washington County Public Works - grading roads 4,595.68 92774 Metro Waste Control - sewer service charges 90.24 92775 thru 92789 January 12th payroll 10,154.83 Total $ 60,277.79 INVOICE DEC 2 B 190> ALL, ANDERSON TXDA AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 25M AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 012/2024400 FAX 612/202-0053 City of Lake Elmo Date: Decemberl8, 1989 P.O. Box J Commission Lake Elmo, MN 55042 Number: 9150-009 For General Engineering Services as listed below for October, 1989. Authorization dated February 2, 1988. 1. Brookman 3rd Addition - 39th Street Inspection: L. Bohrer 7.50 Hrs. @ 23.23 = 174.23 T. Prew 5.50 Hrs. @ 16.16 = 88.88 K. Roessler 7.00 Hrs. @ 13.85 = 96.95 360.06 x 2.75 = 990.17 Expenses: L. Bohrer - Travel 24.96 T. Prew - Travel 4.80 K. Roessler - Travel 7.68 Tartan Meadows 3rd Addition: L. Bohrer 0.50 Hrs. @ 23.23 = 11.62 x 2.75 = 31.96 3. Steve Johnson Accessory Buildina• L. Bohrer 0.50 Hrs. @ 23.23 = 11.62 x 2.75 = 31.96 4. Section 32 Annexation: L. Bohrer 12.00 Hrs. @ 23.23 = 278.76 x 2.75 = 766.59 Expenses: L. Bohrer - Travel 18.48 5. 1989 Street Repairs: L. Bohrer 11.50 Hrs. @ 23.23 = 267.15 x 2.75 = 734.66 Expenses: L. Bohrer - Travel 16.32 TKDA Truck Mileage (Oct) 7.20 -) 2 � U 3 5' Page 2 INVOICE Commission No. 9150-009 6. 201 Appeal: L. Bohrer 7. 3 9. 9.00 Hrs. @ 23.23 = Expenses: L. Bohrer - Travel 201 - Ouartgrly Sewer Reports: L. Bohrer 3.50 Hrs. @ 23.23 = 209.07 x 2.75 = 81.31 x 2.75 = MSA. stem_$cregnina Committee U etino. L. Bohrer 1.00 Hrs. @ 23.23 = 23.23 x 2.75 = TH 5 Signal - Meetincr• L. Bohrer 2.00 Hrs. @ 23.23 = Expenses: L..Bohrer - Travel State of Minnesota ) ss County of Ramsey ) 574.94 0.72 223.60 63.88 46.46 x 2.75 = 127.77 � A-1 AMOUNT DUE ........................ $ 3,633.37 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, this 8th day of Dececp�r, 198�: 1^) y IINDA E. SWOREY NCTARy pUSU(;—MINNESSTA RAMSEY COUNTY My COMM, Expires Aup: 4. 1095 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED INVOICE D'-L �� 7 1989 7KDATOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 81&2924400 FAX 5121292-W83 City of Lake Elmo Date: November 30, 1989 P.O. Box J Commission Lake Elmo, Minnesota 55042 Number: 9325-02 For Professional Services in connection with the 1989 MSA Improvements - 43rd and Kimbro for October, 1989. Authorization approved at City Council Meeting on June 21, 1988. CONSTRUCTION PaASE, Personnel: Classification:• Billing Rate: Bohrer, L. Senior Engineer 8.50 Hrs. @ 63.88 = 542.96 Prew, T. Registered Engineer 1.00 Hrs. @ 44.44 = 44.44 Reimbursable Expenses: L. Bohrer - Travel AMOUNT DUE State of Minnesota ) ss County of Ramsey ) 22.56 .................................. $ 609.98 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, this n30th day of `toveT dyer, LINUA E. SCHORE'! NOTARY PUBLIC—MINNESOTA RAMSEY COUNTY my Comm. Expims Aug. 4, 1995 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED INVOICE , KING, UV . RSONC TV�iMAND ASSOCIATES. INCORPORATE ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 6 IV PAX 01P 2.0083 City of Lake Elmo P.O. Box J Lake Elmo, Minnesota 55042 Date: November 30, 1989 Commission Number: 9492-02 For Professional Services in connection with the 1989 MSA Improvements - 15th Street from CSAH 13 to West City Limits (Grading, Gravel Base, Drainage and Bituminous Surfacing) for October, 1989. Verbal Authorization to Proceed received from the City Council on January 17, 1989. PLANS PHASE: Personnel: Classification: Cooper, B. Technician Prew, T. Registered Engineer Schardin, C. Technician Reimbursable Expenses: T. Prew - Travel TKDA Computer Service Fee (Oct) Billing Rate: 0.50 Hrs. @ 22.00 = 14.00 Hrs. @ 44.44 = 22.00 Hrs. @ 20.63 = 11.00 622.16 453.8 4.80 23.22 AMOUNT DUE .................................. $ 1,115.04 State of Minnesota ) ss County of Ramsey Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, this 30th day of NoveAer, 1,489: n n I LINGA E. 5040RE7 NOTARY PUBLIC-MINNESOTA. RAMSEY COUNTY My Cow. Expim Aug. 4. 1996 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATE/S,, INCOORPO�RATED / RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA. DEC 2 9 1989 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 65113 (612) 631.1080 December 26, 1989 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: General e FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 11/28/89 .25 Phone conference - M. Kueffner (SPC) 11/29/89 .50 Phone conference - R. Monson (SPC) 11/29/89 .25 File review re Vacation of city offices (SPC) 11/29/89 .75 Phone conference - client, resident re zoning problem (FWK) 11/30/89 .50 Phone conference - D. Moe (SPC) 11/30/89 .25 Conference with FWK (SPC) 11/30/89 .25 Research re vancancy of council (SPC) 11/30/89 .25 Research re council authority (SPC) 11/30/89 .75 Phone conference - Council member; Conference with SPC (FWK) 12/01/89 .25 Phone conference - C. Graves (SPC) 12/04/89 .25 Phone conference - D. Moe (SPC) 12/04/89 .25 Phone conference - L. Hunt (SPC) 12/04/89 .25 Conference with LWK (SPC) City of Lake Elmo - General December 26, 1989 Page Two 12/04/89 .25 Phone conference - P. Morrison (SPC) 12/04/89 .25 Review correspondence from client (SPC) 12/04/89 .25 Phone conference - J. Adams (SPC) 12/05/89 .25 Conference with FWK (SPC) 12/05/89 .25 Review correspondence from opposing attorney re Sullwold deed (SPC) a 12/05/89 .25 Phone conference - client (SPC) 12/05/89 .25 Phone conference - D. Sette (SPC) 12/05/89 .25 Memo to file (SPC) 12/05/89 .50 Phone conference - D. Schieffel re S. Johnson (SPC) 12/05/89 .25 Phone conference - T. Williams (SPC) 12/05/89 2.50 Prep for Council Meeting (SPC) 12/05/89 .25 Revise letter to client (SPC) 12/05/89 4.00 Attend City Council Meeting (SPC) l 12/05/89 .50 Conference with SPC; File review (FWK) 12/06/89 1.50 Attend meeting with S. Johnson (SPC) 12/06/89 .25 Phone conference - P. Morrison (SPC) 12/06/89 .25 Phone conference - P. Morrison (SPC) 12/06/89 .25 Letter to client re vacancy (SPC) 12/06/89 .25 Conference with FWK (SPC) 12/06/89 .25 Conference with SPC (FWK) City of Lake Elmo - General December 26, 1989 Page Three 12/07/89 .25 Phone conference - P. Morrison (SPC) 12/07/89 .25 Revise letter (SPC) 12/08/89 .25 Phone conference - T. Williams (SPC) 12/12/89 .50 Review documents re TMT Recycling (SPC) 12/12/89 .25 Phone conference - M. Kueffner (SPC) 12/13/89 .50 Revise documents re Recycle contract (SPC) 12/13/89 .25 Letter to M. Kueffner (SPC) 12/13/89 .50 Phone conference - T. Williams (SPC) 12/13/89 .25 Conference with FW K (SPC) 12/14/89 .50 Phone conference - P. Morrison (SPC) 12/14/89 .75 Conference with SPC; Prep for Council Meeting (FWK) 12/15/89 .25 Review correspondence from client re Animal Control Contract (SPC) 12/15/89 .25 Letter to client (SPC) 12/15/89 .25 Phone conference - L. Bohrer (SPC) 12/18/89 .25 Phone conference - C. Graves (SPC) 12/18/89 .25 Phone conference - P. Morrison (SPC) 12/18/89 .50 Review documents re Johnson resolution (SPC) 12/18/89 .50 Phone conference - D. Schieffer (SPC) 12/19/89 .50 Revise documents re Johnson resolution (SPC) 12/19/89 .25 Phone conference - P. Morrison (SPC) City of Lake Elmo — General C December 26, 1989 Page Four 12/19/89 .25 Phone conference — T. Williams (SPC) 12/19/89 .25 Conference with FWK (SPC) 12/19/89 .25 Phone conference — D. Schieffer re Johnson resolution (SPC) 12/19/89 .25 Phone conference — P. Morrison (SPC) 12/19/89 .25 Phone conference — J. McNamara (SPC) 12/19/89 .25 Conference with FWK (SPC) 12/19/89 1.75 Phone conference — client, opposing attorney; Attend City Council Meeting; Conference with SPC (FWK) 12/20/89 .50 Phone conference — opposing attorney re Morrison matter (FWK) 12/21/89 .50 Review documents re Morrison matter (FWK) 12/21/89 .25 Phone conference — M. Kueffner (FWK). Retainer received 12/08/89 for November services 500.00� Attorney Hours Covered by Retainer: General legal services 21.00 Other (Council meetings, etc.) 8.25 29.25 Retainer for December 500.00 TOTAL AMOUNT DUE 500.00 I declare, under the penalties of law, that t e above account/claim or demand is true and correct. j-I /� /I ' /, RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ' ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 (612) 631.1080 December 26, 1989 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Derrick A FOR PROFESSIONAL SERVICES RENDERED - DATE AMOUNT DESCRIPTION 11/30/89 15.00 File review (SPC) 30.00 Prep for hearing (SPC) 12/01/89 90.00 Attend Pretrial (SPC) 90.00 Attend Pretrial (FWK) 12/04/89 15.00 Memo to file (SPC) 12/06/89 15.00 Review correspondence from court (SPC) 12/20/89 15.00 Phone conference — opposing attorney (FWK) BALANCE OUTSTANDING 90.00 Payment Received — Thank You —90.00 Total Lawyers' Services 270.00 Total Paralegal Services .00 Costs & Disbursements .00 Word Processing Services .00 TOTAL AMOUNT DUE 270.00 I declare, under the penalties of law, that the above account, claim or demand is true and correct. A i RAUENHORST CARLSON & KNAAK ArfORNEYS AT LAW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 (612)631-1080 December 26, 1989 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Federal Land FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 12/11/89 15.00 Phone conference — opposing attorney (FWK) 12/12/89 15.00 Review correspondence from court (FWK) 12/20/89 45.00 File review; Review correspondence from opposing attorney (FWK) BALANCE OUTSTANDING 488.50 Payment Received — Thank You 488.50 Total Lawyers' Services Total Paralegal Services Costs & Disbursements Word Processing Services TOTAL AMOUNT DUE 75.00 .00 .00 .00 75.00 I declare, under the penalties of law, that the above account, claim or demand is true and correct. Fr eric W. Knaa RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW. ROSEDALE CORPORATE PLAZA - - 2665 LONG LAKE ROAD ROSEVILLE,MINNESOTA 55113. ( (612) 631-1080 December 26, 1989 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Section 32, Petition #2 _ ® FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 11/27/89 360.00 Review transcript (SPC) 11/27/89 120.00Draft Brief (SPC) 11/27/89 240.00 Review documents; Research; Draft documents (FWK) 11/28/89 210.00 Draft Brief (SPC) ! 11/28/89 150.00 Revise Brief (SPC) 11/28/89 90.00 Review draft; Review documents (FWK) 11/28/89 75.00 Word Processing 11/29/89 210.00 Revise Brief (SPC) 11/29/89 90.00 Review documents (FWK) 11/30/89 90.00 Review Brief (SPC) 11/30/89 15.00 Letter to opposing attorney (SPC) 11/30/89 15.00 .Letter to Municipal Board (SPC) 11/30/89 15.00 Phone conference - M. Vierling (SEC) City of Lake Elmo — Section 32, Petition #2 December 26, 1989 Page Two 11/30/89 60.00 Review documents (FWK) 11/30/89 25.00 Word Processing 11/30/89 74.00 Paid Arden Investigation for Service 12/01/89 60.00 Review opposing brief (SPC) 12/01/89 90.00 Review correspondence; Review documents (FWK) 12/04/89 60.00 Review opposing brief (SPC) 12/05/89 60.00 Review correspondence; Research; Review documents (FWK) 12/07/89 210.00 Draft Reply Brief (SPC) 12/08/89 120.00 Revise Reply Brief (SPC) 12/08/89 60.00 Review correspondence; Review documents (FWK) 12/11/89 30.00 Revise Reply Brief (SPC) 12/11/89 15.00 Letter to Municipal Board (SPC) 12/11/89 15.00 Letter to opposing attorney (SPC) 12/11/89 60.00 Review documents; Revise documents (FWK) 12/11/89 35.00 Word Processing 12/11/89 9.62 Paid Dependable Courier for Service 12/12/89 45.00 File review (SPC) 12/13/89 15.00 Conference with FWK (SPC) 12/13/89 15.00 Conference with SPC (FWK) RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA 2585 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 (612) 631.1080 December 26, 1989 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Armstrong/Madson ®' FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 11/16./89 51.12 Paid Dependable Courier for Service 12/04/89 15.00 Phone conference — T. Armstrong (SPC) 12/04/89 15.00 Phone conference — J. Adams, Trib (SPC) BALANCE OUTSTANDING 529.00 Payment Received — Thank You—529.00 Total Lawyers' Services 30.00 Total Paralegal Services .00 Costs & Disbursements 51.12 Word Processing Services .00 TOTAL AMOUNT DUE 81.12 I declare, under the penalties of law, that the above accou�t, claim or demand is true and correct. / ric W. RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 (612) 631-1080 December 26, 1989 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Madson MEOW Van FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 11/27/89 30.00 Phone conference — client, opposing attorney (FWK) 11/28/89 15.00 Phone conference — client (FWK) 12/01/89 75.00 Review documents; Client conference (FWK) 12/06/89 15.00 Review correspondence from opposing attorney (FWK) BALANCE OUTSTANDING 970.00 Payment Received — Thank You 970.00 Total Lawyers' Services 135.00 Total Paralegal Services .00 Costs & Disbursements .00 Word Processing Services .00 TOTAL AMOUNT DUE 135.00 I declare, under the penalties of law, that the above account, claim or demand is true and correct. e eric W. Knaak 0 C RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 (612) 631-1080 December 26, 1989 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Cozy Cove - FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 12/11/89 15.00 Phone conference - J. McNamara 12/22/89 15.00 Review correspondence from client (SPC) 12/22/89 45.00 File review (SPC) 12/22/89 15.00 Phone conference - client (SPC) 12/22/89 15.00 Phone conference - D. Haase (SPC) BALANCE OUTSTANDING 278.50 Payment Received - Thank You-278.50 Total Lawyers' Services Total Paralegal Services Costs & Disbursements Word Processing Services TOTAL AMOUNT DUE I declare, under the penalties of law, that demand is true and correct. , 105.00 .00 .00 .00 105.00 above account,, claim or RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 (612) 631-1080 December 26, 1989 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Jamie Olson ®J FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 12/13/89 30.00 Answer interrogatories (FWK) 12/14/89 20.00 Word Processing 12/14/89 10.00 Word Processing 12/14/89 3.50 Copy of Letter to Client BALANCE OUTSTANDING Payment Received — Thank You Total Lawyers' Services Total Paralegal Services Costs & Disbursements Word Processing Services TOTAL AMOUNT DUE I declare, under the penalties of 1,, demand is true and correct. 35.00 -35.00 30.00 .00 .00 33.50 63.50 City of Lake Elmo - Section 32, Petition #2 December 26, 1989 Page Three 12/13/89 53.69 Paid Lillie Suburban for legal publication 12/21/89 15.00 Phone conference - M. Vierling (SPC) 12/21/89 15.00 Phone conference - R. Fifield re status (FWK) BALANCE OUTSTANDING 985.00 Payment Received - Thank You 985.00 Total Lawyers' Services 2,550.00 Total Paralegal Services .00 Costs & Disbursements 137.31 Word Processing Services 135.00 TOTAL AMOUNT DUE 2,822.31 I declare, under the penalties of law, that the above acco nt, claim or demand is true and correct. rederic W. Kry�ak Lfy051,g3 LAW OFFICES LEONARD, STREET AND DEINARD 1189 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS .. i SUITE 2300 150 SOUTH FIFTH STREET MINNE`AA.POLIS, MINNESOTA` 55402 CONFIDENTIAL City of Lake Elmo December 18, 1989 3880 Laverne Avenue North 12370-11817 Lake Elmo, Minnesota 55042 61835 Attention: Ms. Patricia Morrison, Administrator FED. - ------------------------------------------------ I.D. 41-1431093 - THIS INVOICE IS PAYABLE UPON RECEIPT For professional services rendered through November 30, 1989 in connection with City of Lake Elmo v. Washington County and Metropolitan Council, including the following: 11/01/89 EGS Telephone conference with Todd 0.25 30.00 Williams. 11/05/89 EGS Review material for Monday meeting. 0.50 60.00 11/06/89 EGS Conference with Todd Williams, Pat 1.50 180.00 Morrison, et al. to review deed, plan strategy. 11/09/89 EGS Review correspondence from client. 0.25 30.00 11/22/89 EGS Begin document review; prepare 0.50 60.00 correspondence to U.S. Representatives Vento and Sikorski. 11/25/89 EGS Complete document review; prepare 1.00 120.00 correspondence to U.S. Representatives Vento and Sikorski; prepare correspondence to client regarding same. Attorney/Paralegal Hours Rate Amount Ellen G. Sampson 4.00 110.00 440.00 TO THE FOREGOING . . . . . . . . . . . . . . . . $440.00 *continued on next page* 4 LAW OFFICES LEONARD, STREET AND OEINARD ' I" A PARTNERSHIP INCLUOINO PROFESSIONAL CORPORATIONS SUITE 2300 150 SOUTH FIFTH STREET MINNEAPOLIS, MINNESOTA 55402 City of Lake Elmo CONFIDENTIAL 3880 Laverne Avenue North December 18, 112370-11817 Lake Elmo, Minnesota 55042 35 fi1835 Attention: Ms. Patricia Morrison, Administrator --------------- FED. I.D. 41-1431093 ------------------------ THIS INVOICE ,IS PAYABLE UPON RECEIPT For professional services rendered through November 30, 1989 is connection with City of Lake Elmo V. Washington County and Metropolitan Council: Beginning balance as of il/lo/89 440 0 Payments since 11/10/89, Adjustments since 11/10/89 Current invoice Services Disbursements TOTAL BALANCE DUE: DISBURSEMENTS, IF ANY, NOT YET BILLED WILL APPEAR ON A LATER STATEMENT PLEASE RETURN ACCOUNTING COPY WITH YOUR REMITTANCE �C. 0;0G COPY 0 . 440.00 0.00 440.00 5.90 $445.90 Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL JANUARY 2, 1990 7:00 p.m. Meetings Convenes 1. Agenda 2. Minutes: December 5, 1989 December 19, 1989 3. Claims 4. Public Inquiries 5. Re.A.P.P. Report 6. City Council Applications 7. Annual Organizational Meeting A. Election of Acting Mayor B. Designation of Official Newspaper C. Selection of Official Depositories D. Appointment of City Consultants 1. City Engineer 2. City Attorney (Civil) 3. City Attorney (Criminal) 4. City Financial Consultant 5. City Planner E. City Council Appointments 1. Planning Commission 2. Parks Commission 3. Cable Commission 4. Community Education ISD 834 and ISD 622 5. Council Representitives City Functions ...................................Break .............................. 1 8. Planning, Land Use and Zoning ( A. Public Hearing: Variance to frontage on public street requested by Gerald Dalluge (50th Street) B. Final Plat -• Packard Park 3rd Addition C. Shoreland Permits 1. Ken Isaacson 2. James Buelow 9. City Council Reports 10. City Attorney's Report 11. City Administrator's Report 12. Other 13. Adjourn 0 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 8037 The City Council of the City of Lake Elmo does hereby ordain as follows: Section I. AMENDMENT The following described lands classified on the Zoning District Map as set forth in Section 301.070 C (1) as RR (Rural Residential) are hereafter classified as AG (Agricultural) for zoning purposes. SECT-36 TWP-029 RANG-21 PT NW1/4 OF SW1/4 EXC THE FOLLOWING. BEG AT SW COR OF SD NW1/4 OF SW1/4 & RUN THENCE EAST ON SOUTH LINE OF SD NW1/4 OF SW1/4 16 RODS TO A PT THEN NORTH ON A LINE PAR WITH W LINE THEREOF 10 RODS TO A PT RUN THENCE WEST ON A LINE PAR WITH SOUTH LINE THEREOF 3.6 RODS TO A PT IN WEST LINE THEREOF RUN THENCE SOUTH ALONG SD WEST LINE 10 RODS TO PLACE OF BEG. EXC BEG AT A PT IN W LINE OF NW1/4 OF SW1/4 IN SD SEC 36 T29N R21W 36 RODS N OF SW COR OF SD NW1/4 OF SW1/4 RUNNING THEN E ON A LINE PAR WITH S LINE OF SD NW1/4 OF SW1/4 160FT TO A PT RUNNING THEN N ON A LINE PAR WITH W LIN OF NW1/4 OF SW1/4 90 FT TO A PT RUNNING THEN W ON A LINE PAR WITH S LINE OF SD NW1/4 OF SW1/4 160 FT TO W L1N THEN S ON W LINE OF SD 36 OF SD SEC 36 90 FT TO PLACE OF BEG. EXC 3410, described as follows: SECT-36 TWP-029 RANG-21 PART NW1/4-SW1/4 S36T'29R21 THE N 474.06FT OF NW1/4-SW1/4 OF S36 T29 R21 THIS PARCEL IS SUJ TO R/W OF LAKE ELMO AVE N (AKA AS CO HWY #17) Section II. EFFECTIVE DATE. This Ordinance shall take effect and be enforced from and after its passage and publication. Adopted by the City Council of the City of Lake Elmo the 23rd day of July, 1990. Susan Dunn, Mayor ATTEST: Mary Kueffne , City Administrator RESOLUTION NO. 90-41 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION IN OPPOSITION TO THE CITY OF OAKDALE'S REQUEST THAT THE MINNESOTA MUNICIPAL BOARD INITIATE A PROCEEDING TO CONSIDER THE CONCURRENT DETACHMENT AND ANNEXATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF LAKE ELMO WHEREAS, the City of Lake Elmo has opposed the concurrent detachment and annexation of certain property within its corporate boundaries as identified in Minnesota Municipal Board File No. D-239/A-4453 (herein the "Brockman Annexation"); and WHEREAS, the Minnesota Court of Appeals is scheduled to review the Brockman Annexation on January 30, 1991; and WHEREAS, the City of Lake Elmo has opposed the concurrent detachment and annexation of certain property within its corporate boundaries as identified in Minnesota Municipal Board File No. D-248/A-4573 (herein the "Enright Annexation"); and WHEREAS, the action of the Minnesota Municipal Board in the Enright Annexation has been appealed to the Washington County District Court; and WHEREAS, throughout the proceedings involving the Brockman and Enright Annexations, it has been and continues to be the position of the City of Lake Elmo that it has the statutory right to control the development of property within its corporate boundaries and that in furtherance of such right it has systematically adopted and revised Comprehensive Plans and Official Controls; and WHEREAS, the City's prior Comprehensive Plans have been reviewed and approved by the Metropolitan Council and the City's current Comprehensive Plan has been submitted for review and approval to the Metropolitan Council; and WHEREAS, the City of Lake Elmo is capable of and willing to provide government services to all property within its corporate boundaries; and WHEREAS, the Minnesota Municipal Board's decisions in the Brockman and Enright Annexations have seriously undermined the tax base of the City of Lake Elmo and have adversely impacted the implementation of the City's Comprehensive Plan. 1 NOW THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council hereby expresses its opposition to the request of the City of Oakdale in its Resolution No. 90-213 that the Minnesota Municipal Board consider an additional concurrent detachment and annexation proceeding for various parcels located in Section 32 and 33, Township 29, Range 21. ADOPTED, by the City Council of the City of Lake Elmo this 18th day of December, 1990. Susan Dunn, Mayor ATTEST: Mary Kueffrk6 , City Administrator L\JF5\LERES90.041 RESOLUTION 90-40 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING ESCROW REDUCTION OF $105,000 TO ROBERT ENGSTROM AND WILLARD MORTON dba THE FOREST IN LAKE ELMO PARTNERSHIP. WHEREAS, pursuant to a developers agreement signed with the City of Lake Elmo on May 21, 1990, Willard Morton and Robert Engstrom, "the Developers" of "The Forest" in Lake Elmo, and irrevocable letter of credit, #5350 drawn of Signal Bank was deposited with the Lake Elmo City Clerk; and WHEREAS, the improvements required within "The Forest" are substantially complete and persuant to Developers Agreement, "the Developers" have requested a partial release of referenced letter of credit. NOW THEREFORE, BE IT RESOLVED by the City of Lake Elmo, Minnesota, the Irrevocable Letter of Credit #5350 can be reduced from $108,O00 to $3,000. BE IT FURTHER RESOLVED: that this reduction of Irrevocable Letter of Credit #5350 shall be contingent upon the delivery of proof of payment. by Developers to E & H Earthmovers, the general contractor, for 4105,762.72 Adopted by the Lake Elmo City Council this 18th day of December, 1990. C,.-- Swaa". n Dunn, , Mayor Attest: /11% � Mary Kueffn,6City Administrator RESOLUTION NO. 90-39 CITY OF' LAKE ELMO WASHINGTON COUNTY, MINNESOTA ACCCEPTING THE WORK ON 39TH STREET BY C.W. HOULE WHEREAS, pursuant to a written contract with the City of Lake Elmo on February 7, 1989, C.W. Houle,, Inc. has satisfactorily completed the construction of 39th Street between State Highway 5 and CSAH 17. NOW, THEREFORE, BE IT RESOLVED, by the City of Lake Elmo, Minnesota. the work completed under said contract is hereby accepted and approved, and, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. 1990. ADOPTED, by the Lake Elmo City Council this 18th day of December, bus -an Dunn, Mayor Mary ueff r, City Clerk RESOLUTION NO. 90-38 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ACCEPTING THE WORK ON 15TH STREET BY T.A. SCHIFKSY & SONS WHEREAS, pursuant to a written contract with the City of Lake Elmo on April 17, 1990, T.A. Schifsky and Sons has satisfactorily computed the improvement of. 15th Street between CSAH 13 and the west city limits in accordance with such contract, NOW, THEREFORE, BE IT RESOLVED, by the City of Lake Elmo, Minnesota, the work completed under said contract is hereby accepted and approved, and, BE IT FURTHER RESOLVED: that the city clerk and mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. 1990. ADOPTED by the Lake Elmo City Council this 18th day of December, Mary Kueffn6TO, City Clerk RESOLUTION 90-37 CITY OE' LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION DESIGNATING MAINTENANCE ALLOTMENT WHEREAS, Minnesota Rules for State Aid Operations Chapter 8820.1400 allow a Municipality to receive allocation greater than the minimum provided the Municipality files a request not later than December 15 of the preceding year and provided the Municipality file a detailed annual maintenance expenditure report at the end of the years and, WHEREAS, the City of Lake Elmo desires to receive a maintenance allocation for 1991 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 1991 be equal to 25% of its total 1991 allotment. Adopted by the City Council on December 4, 1990. S san Dunn, Mayor Attest: Mary Ik`ueffn1bY, City Administrator RESOLUTION 90-36 CITY'"OF`LAFCE ELT40 WASHINGTON COUNTY, MI14NESOTA Whereas the Washington County 'Court Administrator, in the interest of providing standardized fines throughout Washington County, has requested that all townships and municipalities in Washington County adopt a uniform fine schedule as to parking violations, NOW THEREFORE, IT IS HEREBY RESOLVED schedule is approved and adopted: All parking violations Dated: C&)'.,' m 6 that the following fine (Signature) (Title) $25.00 RESOLUTION 90-35 CITY OF LAKE. ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING A SPEED SURVEY ON 30TH STREET BE IT RESOLVED, that the Lake Elmo City Council hereby requests the Commissioner of the Minnesota Department of Transportation to conduct a traffic survey to determine the reasonable and safe speed on the following City street: 30th Street from CSAH 17 to CSAH 15 BE IT FURTHER RESOLVED, that upon determination of a reasonable and safe speed on the above street, the City of Lake Elmo be authorized by the Commissioner of the Minnesota Department of Transportation to post such speed limit. Attest Mary Kueffner i'� ty Administrator C_ usAn Dunn, mayor' RESOLUTION 90 - 34 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING 1990 TAX LEVY, COLLECTIBLE IN 1991 Be it Resolved by the City Council of the City of Lake Elmo, County of Washington, Minnesota, that the following sums of money be levied for the current year, collectible in 1991, upon the taxable property in the City of Lake Elmo, for the following purposes: General Fund $ 679,756 Park Bond 70,000 Landfill Referendum 50,000 Equipment Certificate 50,000 Total Levy $ 849,756 The city clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Washington County, Minnesota, Adopted by the City Council on November 20, 1990. Susan Dunn, Mayor / ATTEST: Mary Kueffner, Administrator RESOLUTION 90-33 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA A RESOLUTION REQUESTING RELIEF FROM THE FEDERAL HOUSING ADMINISTRATION (FHA) REQUIREMENT TO MEET THE METROPOLITAN COUNCIL GENERAL RURAL USE DENSITY POLICY. WHEREAS, It has been brought to the attention of the City of Lake Elmo that the Federal Housing Administration (FHA) has recently implemented procedures which deny FIiA loan approval in communities which minimum lot size policies are not in conformance with the policies adopted by the Metropolitan Council, and as amended in 1987; and WHEREAS, The City of Lake Elmo has adopted and has submitted to the Metropolitan Council for review its 1990 Comprehensive Plan adopted August 21, 1990 to develop areas within the general rural use area of the City at a density less than 1:10/4:40 as adopted by the Metropolitan Council in 1982; and WHEREAS, The City of Lake Elmo does not confer to the Metropolitan Council (a regional planning advisory body) the ability to plan its growth but rather intends to retain that local control as provided by Minnesota Statutes 462.358, et al; and WHEREAS, It is the opinion of the City of Lake Elmo that the denial of funding from the FHA is confiscatory, an unlawful taking of private property without compensation, an unnecessary and unlawful interference with local government prerogative, and a grossly unfair treatment of private property rights; and WHEREAS, It is the opinion of the City of Lake Elmo that the adoption of the exclusionary policies by the FHA is similarly unlawful, unwarranted and unconstitutional; and WHEREAS, The City of Lake Elmo has in force and effect those Ordinances which protect such amenities as Shoreland Management, Flood Plain Management, and further regulates residential development by adoption of such Ordinances as On -Site Septic System Regulations, Zoning Requirements, Platting Requirements, etc., all of which work toward protecting the general health, welfare and safety of the residents of the City of Lake Elmo; NOW, THEREFORE, BE IT RESOLVED, By the City of Lake Elmo, Washington County, Minnesota, that: I. The Federal Housing Administration comply with the authority and responsibilities set forth in 24CFR Part 52 "Intergovernmental Review of HUD Programs", and the Final Rule Implementing Execution Order 12372., "Intergovernmental Review of Federal Programs" effective September 30, 1983. RESOLUTION 90-32 A RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF 31st STREET FROM STILLWATER BOULEVARD TO TH 5 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of 31st Street from Stillwater Boulevard to TH 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it.. 2. Such assessment shall be payable in equal annual installments extending over a period of two years , the first of the installments to be payable on or before the first Monday in January, 1991 and shall bear interest at the rate of 8 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid wihin 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 2nd day of October, 1990. Gus n Dunn, Mayor 2. The Federal Housing Administration comply with the current revision of "The Procedures for Appraisal of Single Family Proposed Construction Applications in New Subdivisions" Handbook. 4135.1 from the Office of Housing, U.S. Department of Housing and Urban Development. (Reference #2-5.E and Chapter 5 in its entirety, as recorded in the Federal Registry dated Friday, June 24, 1983). 3. The exclusionary funding policy adopted by the Federal Housing Administration be revoked immediately and make that funding source available to new housing located within the City of Lake Elmo. 4. The regulation and control of the growth and development of the City of Lake Elmo be returned to us as elected officials responsive to the needs of its residents and in conformance with its adopted Comprehensive Plan and that the FHA discontinue using the Metropolitan Council as the clearing agency for FHA loans. 5. The City of Lake Elmo hereby requests that the Congres- sional Delegation from the State of Minnesota support the above requests of the City of Lake Elmo by affording to it assistance through all means at their disposal. Adopted by the City Council of Lake Elmo this 2nd day of October, 1990. Susan Dunn, Mayor ATTEST: Mary Kueffnet'- City Administrator RESOLUTION 90-31 A RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF LAMPERT AVENUE FROM 32ND TO 33RD STREET WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Lampert Avenue from 32nd tc 33rd Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five years , the first of the installments to be payable on or before the first Monday in January, 1991 and shall bear interest at the rate of 8 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment., to the city treasurer, except that no interest shall be charged if the entire assessment is paid wi.hin 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Mary Adopted by the council this 2nd day of October, 1990. OV.- ON Susan Dunn, Mayor RESOLUTION 90-30 CITY OF LAKE ELMO WASHINGTO14 COUNTY, MINNESOTA A RESOLUTION ORDERING INTERFUND AUDIT ADJUSTMENTS WHEREAS, the firm of Voto, Tautges, Redpath & Co., Ltd., Certified Public Accountants, examined the financial statements of the City of Lake Elmo for the year ending December 31, 1989; and WHEREAS, the Council of the City of Lake Elmo accepted the resulting audit report submitted by Voto, Tautges, Redpath & Co., Ltd.; and WHEREAS, Voto, Tautges, Redpath & Co., Ltd., made certain recommendations in their audit report: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo, County of Washington, State of Minnesota, authorized the following Interfund Audit Adjustments: FUND DUE FROM THER FUNDS DUE TO OTHER FUNDS General Fund $ 5,771.65 $ 25,308,73 Park Refunding Bond of 1976 15908.24 Equipment Certificate 10:858.84 Closed Bond Fund 1,240.16 1,011052 Infrastructure Fund 3,639.39 Water Fund 414.11 Sewer Fund 684.43 Park -Capital Projects Fund 1,936,10 MSA Fund 1,850.36 13,486.26 EPA Grant Fund 3,984.68 Pass Thru 1,487.91 Totals $ 43,791.19 $ 43,791.19 ADOPTED, this 21st day of August, 1990 by the City Council of the City of Lake Elmo, Washington County, Minnesota. ATTEST: Mary Kuef£ , Administrator SIG14ED: Susan Dunn, Mayor CERTIFICATION OF MINUTES RELATING TO $245,000 GENERAL OBLIGATION CAPITAL NOTES, SERIES 1990A Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held Tuesday, August 21,1990, at 7:00 p.m., at the City Hall. Members present: Dunn, Armstrong, Graves, Hunt, Williams Members absent: none Documents Attached: Minutes of said meeting (including): RESOLUTION NO. 90-29 RESOLUTION PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $245,000 GENERAL OBLIGATION CAPITAL NOTES, SERIES 1990A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 1 fay of August, 1990. y I<uefirnter, City Administrator RESOLUTION NO. 90 - 28 CITY OF LAKE ELMO WASHINGTON COUNTY, 14INNESOTA A RESOLUTION APPROVING THE PROPOSED 1991 TAX LEVY Be it resolved by the City Council of the City of Lake Elmo, County of Washington, Minnesota, that the following sums of money be proposed to be levied for the current year, collectible in 1991, upon the taxable property in the City of Lake Elmo, for the following purposes: General Fund $ 679,756 Park Bond 70,000 Landfill Referendum 100#000. Equipment Certificate 50,000 Total Levy $ 899,756 The city clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Washington County, Minnesota. Adopted by the city council on August 21, 19900 Susan Dunn, Mayor ATTEST: Mary Kueffn r, Administrator CITY OF' LAKE ELMO RESOLUTUON NO. 90-27 A RESOLUTION ORDERING TIIE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE BITUMINOUS PATCHING AND OVERLAY OF 31ST STREET FROM CSAH 6 TO TH5 WHEREAS, the action of the City Council on July 17, 1990 fixed a date for a council hearing on the proposed improvement of 31st Street from CSAH 6 to TH5; and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given and the hearing was held on the 7th day of August, 1990, 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 7th day of August, 1990. 2. Larry Bohrer, of TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for mailing of such improvement. ADOPTED by the Council this 7th day of August, 1.990. �-Susan Dunn, Mayor ATTEST: Mary Kuef ner, City Administrator RESOLUTION NO. 90-26 RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR PRIMARY ELECTION OF SEPTEMBER 11, AND GENERAL ELECTION OF NOVEMBER 6, 1990 WHEREAS, Election polling places shall be designated by the City Council, in accordance with statutory requirements; and WHEREAS, according to State Statute, a list of Election Judges must be submitted to the City Council for approval by Council Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA, the following Polling Places are hereby designated as the polling places for the September 11, 1990 Primary Election, and November 6, 1990 General Election: Precinct Polling Place Precinct I & II Lake Elmo Fire Station No. 1 3510 Laverne Avenue N. said Polling Places shall remain open between the hours of 7:00 a.m. and 8:00 p.m. on the respective Election dates; and, BE IT FURTHER RESOLVED, That the attached listing of persons are hereby appointed as the Election Judges to serve during the Primary Election of September 11, 1990, and the General Election of November 6, 1990. ADOPTED, this 7th day of August, 1990, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed- Su an Mayor Attest: AY21Z Mary I9ieffne , City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION 90-25 A Resolution granting a Conditional Use Permit to Raymond and Jane Salus - Country Air Golf Driving Range for commercial recreation of a rural nature in the Agricultural Zoning District. WHEREAS, Raymond and Jane Salus, Country Air Golf Driving Range, have applied for a Conditional Use Permit for Commercial Recreation of a Rural Nature; and have submitted all required information and fees for the application for such permit on the parcel of land described as follows: SECT-36 TWP-029 RANG-21 PT NW1/4 OF SW1/4 EXC THE FOLLOWING. BEG AT SW COR OF SD NW1/4 OF SW1/4 & RUN THENCE EAST ON SOUTH LINE OF SD NW1/4 OF SW1/4 16 RODS TO A PT THEN NORTH ON A LINE PAR WITH W LINE THEREOF 10 RODS TO A PT RUN THENCE WEST ON A LINE PAR WITH SOUTH LINE THEREOF 16 RODS TO A PT IN WEST LINE THEREOF RUN THENCE SOUTH ALONG SD WEST LINE 10 RODS TO PLACE OF BEG. EXC BEG AT A PT IN W LINE OF NW1/4 OF SW1/4 IN SD SEC 36 T29N R21W 36 RODS N OF SW COR OF SD NW1/4 OF SWI/4 RUNNING THEN E ON A LINE PAR WITH S LINE OF SD NWI/4 OF SW1/4 160 FT TO A PT RUNNING THEN N ON A LINE PAR WITH W LIN OF NW1/4 OF SW1/4 90 FT TO A PT RUNNING THEN W ON A LINE PAR WITH S LINE OF SD NW1/4 OF SW1/4 160 FT TO W LIN THEN S ON W LINE OF SD 36 OF SD SEC 36 90 FT TO PLACE OF BEG. EXC 3410, described as follows: SECT-36 TWP-029 RANG-21 PART NW1/4-SW1/4 S36T29R21 THE N 474.06FT OF NW1/4-SW1/4 OF S36 T29 R21 THIS PARCEL IS SUJ TO R/W OF LAKE ELMO AVE N (AKA AS CO HWY #17) WHEREAS, Section 301.070 D.I.b (4) of the Lake Elmo Municipal Code requires a Conditional Use Permit to operate a Commercial Recreation of a Rural Nature in the City of Lake Elmo; and, WHEREAS, the Lake Elmo Planning Commission held a public hearing on June 11, 1990 for the requested Conditional Use Permit, and recommended that the City Council approve said Conditional Use Permit, with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, that a Conditional Use Permit for Commercial Recreation of a Rural Nature be granted to Raymond Salus and Jane Salus - Country Air Golf Driving Range, on the aforementioned property is hereby granted, subject to the following conditions: 1. Existing road frontage be left in its current rural condition with the addition of conifers such as blue spruce to provide additional screening of business; 2. To be consistent with the rural character, a variance will be granted to allow an unpaved driveway and parking lot; 3. Exterior lighting is prohibited except on the east side of the office, and said lighting shall not reflect off of the property; 4. A sign will be allowed by the entrance with a maximum of: 20 sq.ft. using natural colors. Trees and shrubs shall be used to reduce the visibility of the sign from residential property across the street; 5. A berm shall be constructed to block the view of the cars and tee positions from residential property across County Road 17; 6. An office 45' x 30', one story, is permitted; 7. Parking for a maximum of 35 cars is permitted; 8. Maximum hours of operation are 7 a.m. to Sunset; 9. Two rows of shrubs shall be planted in conifers with 8' x 8' spacing on the north, south, east sides of the range. Dead trees shall be replaced and trees shall attain an average height of at least 24" in 5 years; 10. The entrance driveway will be in accordance with the recommendation and direction of Washington County, 11. A public address system will not be allowed; 12. No liquor license will be permitted. This Conditional Use Permit may be rescinded, after a two week notice and a public hearing, if the City Council finds that the public health, safety, or welfare is jeopardized. ADOPTED this 23rd day of July, 1990, by the City Council of the City of Lake Elmo, Washington County, Minnesota. "s Susan Dunn, Mayor Attest: Mary e f , City Administrator RESOLUTION NO. 90-24 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING THE 1990 RATE STRUCTURE FOR 201 SYSTEMS IN THE CITY OF LAKE ELMO, WASHINGTON COUNTY, MINNESOTA WHEREAS, one of the requirements of the 201 Grant was that the City set up and maintain a user charge system for the operation maintenance, and replacement of the off -site and collector sewer systems; and WHEREAS, Sections 707.050 and 707.060 of the Lake Elmo Municipal Code require that the Council annually review the fund balance and adjust the rate structure accordingly; and WHEREAS, the Lake Elmo City Council held a public hearing on March 20, 1990 in said City to consider a Rate Structure Increase for 1990; NOW, THEREFORE, BE IT RESOLVED, that the following rate structure will be in effect until such time as they are amended by the City of Lake Elmo. Annual Quarterly Establishment #ERU Charge Charge Residence -Individual off -site 1 $ 120.00 $ 30.00 Residence -Collector off -site 1 180.00 45.00 Duplex 2 360.00 90.00 Beauty Shop 1 180.00 45.00 Main Street Shop 1 180.00 45.00 Lake Elmo Inn 8 1440.00 360.00 ADOPTED by the Lake Elmo City Council this 17th day of July 1990. SIGNED: Susan Dunn, Mayor ATTEST: � Mary Kuertner,&VAty Administrator RESOLUTION NO. 90-22 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA WHEREAS, the County of Washington has submitted to the Commissioner of Transportation the plans and specifications for the improvement of County State Aid Highway No. 35 from Hadley Avenue to 200 feet east of C.S.A.H. 13, Olson Lake Trail, in the cities of. Oakdale and Lake Elmo, and WHEREAS, state -aid funds will be expended on the improvement of this street, and WHEREAS, the approved state -aid standards as applicable to this project limit and restrict all. parking to that which is parallel with the curb. NOW, THEREFORE, BE IT RESOLVED, that said City of Lake Elmo shall require that parking of all. vehicles within the corporate limits on this County State Aid Highway be parallel with the curb in accordance with the State -Aid Standards. ADOPTED, by the City Council of the City of Lake Elmo, Washington County, Minnesota this 15th day of May, 1990. SIGNED: Susan Dunn, Mayor ATTEST: Mary Kueffner,' 'City Administrator RESOLUTION NO. 90-21 CITY OF LAKE ELMO WASH.I.NGTON COUNTY, MINNESOTA WHEREAS, plans for Project No. S.A.P. 82-635-02 showing proposed alignment, profiles, grades, and cross -sections for the construction, reconstruction or improvement of County State Aid Highway No. 35 within the limits of the City as a State Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things approved. ADOPTED, by the City Council of the City of Lake Elmo, Washington County, Minnesota this 15th day of May, 1990. G ATTEST: Mary Kuef.fner, ity Administrator RESOLUTION 90- 0 0 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING RESOLUTION 88-14 TO INCLUDE OUTSIDE STORAGE AS PART OF AN ALTERNATE AGRICULTURAL CONDITIONAL USE PERMIT TO HOWARD GELB AND TRANS -CITY INVESTMENTS WHEREAS, Howard Gelb has applied for, and was granted a Conditional Use Permit under Section 301.070 D.1.b.6 of the Municipal Code of Lake Elmo to allow the operation of various agricultural -related and non-agricultural related commercial businesses in an existing 62,000 square foot building in a 5-acre area designated as "Parcel B" in the site plan submitted to the City; and WHEREAS, the purpose of this Conditional Use Permit shall be to allow the landowner to obtain a reasonable return from the agricultural land and still maintain the open spaces and preservation of agricultural use; and WHEREAS, the applicant has requested an amendment to the existing Conditional Use Permit which will allow outside storage within the confines of an existing fenced -in area on the north side of the building which is approximately 29,000 square feet in size; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on this request on March 26, 1990 and recommended, unanimously, that the amendment be granted with the following conditions: 1. The area of storage not exceed 29,000 square feet currently existiing within a fenced area. 2.. The height of storage within the fenced area not exceed a height of 7 feet. 3. Items be stored in an orderly, neat manner so as to insure the safety of workers in the area. 4. No hazardous chemicals, including, but not limited to organic solvents, acids and alkali material be permitted within the outside storage area. 5. No Perishable goods be stored in this area. 6. No additional exterior lighting will be provided. NOW, THEREFORE, BE IT RESOLVED, that an amendment to the existing Conditional Use Permit for an alternative agricultural use as allowed by Section 301.070 D.1.b.(6) is hereby granted to allow for outside storage is hereby granted to Howard Gelb and Trans -City Investments. This Conditional Use Permit will be reviewed on an annual basis, and may be rescinded, after a 2 week notice and a public hearing, if the City Council finds that the public health, safety, or welfare is jeopardized. ADOPTED, this 17th day of April, 1990, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Sign' Susan Dunn, Mayor Attest: Mary Kd4�ffhzeX)/)Acting City Administrator RESOLUTION NO.— 90-1A CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION PROCLAIMING MINNESOTA VOLUNTEER RECOGNITION WEEK APRIL 22 - 28, 1990 WHEREAS, volunteers have enriched the life of our community through their concern, commitment, and generosity of spirit; and WHEREAS, volunteerism embodies a spirit of giving and spirit of growth; and WHEREAS, volunteers are a vital resource and have contributed to the health, education, welfare, recreation, culture and environment of City of Lake Elmo; and WHEREAS, the hard work and commitment of volunteers has enriched and vitalized our efforts; and WHEREAS, we wish to Celebrate Minnesota Volunteers in the City of Lake Elmo, thanking them for their selfless efforts and dedication; NOW, THEREFORE, the City Council of the City of Lake Elmo, Minnesota, does hereby proclaim the week of April 22-28, 1990 as CITY OF LAKE ELMO VOLUNTEER RECOGNITION WEEK. san Dunn, Mayor ATTEST: Mary Kueffner, City Administrator City of Oakdale RESOLUTION NO. 90-jg EFFECTING THE DETACHMENT OF CERTAIN LANDS FROM THE CITY OF OARDALE AND THE ANNEXATION OF SAME TO THE CITY OF LAKE ELMO. At a regular meeting of the city Council of the City of Oakdale held on Tuesday, April 10, 1990 at the Oakdale Municipal Building, 1384 Hadley Avenue North, Oakdale, Minnesota, with the following members present: Mayor Leo Huda"at CouncilmembOrs Ted Bearth, Sill Lee, Bat Morris and Bev Peterson and the Following absent: None, the Oakdale City Council resolved: WHEREAS, the City of Oakdale received a petition from Thous O. and Rosemary c. Armstrong on aanuary 23, 1989 requesting detachment of 13 acres from the City of Oakdale and the annexation of same to the City of Lake Elmo attached hereto as Exhibit Al and WHEREAS, the City of Oakdale has reviewed this request and does not object to the concurrent detachment of this property from the City of Oakdale and its annexation to the City of Lake Elmo; and WHEREAS, the city of Lake Elmo is willing to accept the annexation of the 13 acres petitioned for detachment from the City of Oakdale. Now, THEREFORE, BE IT RESOLVED by they city council of the City of Oakdale: 1. That those certain premises situated in the State of Minnesota, County of Washington, described as follow to wit: The north half (N 1/2) of the east half (L 1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4) Of Section 29, Township 21 north, Range 21 west, containing ten acres, more or less. and also, the northerly three hundred eighty-eight and five tenths (388.5) feet of the east half (E 1/2) of the southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of the 29 north, Range quarter 211 west, (o containing threeioaces, moreehor less. 2. That the City Council finds that the above described property now located in the City of Oakdale abuts the City of Lake Elmo and is properly subject to concurrent detachment and annexation by concurrent resolutions of the two councils of the two municipalities pursuant to Minnesota Statutes 414.061. 3. That it is the desire of the City of Oakdale that the above described property be concurrently detached from the City of Oakdale and annexed to the City of Lake Elmo. 4. That it is the desire of the City of Lake Elmo that the above -described property be concurrently detached from the City of Oakdale and annexed to the City of Lake Elmo. ?age Two 5. That both the City Council for the City of Oakdale and the ( City Council for the City of Lake Elmo request the Minnesota Municipal Hoard to grant their request for the concurrent detachment and annexation of the above -described real property to be effective upon issuance of the Hoard's order or at Such later data as provided by the Hoard in its order, Adopted by the City Council of the City of Oakdale this 10th day Of April, 1990. Voting in Favor: Mayor Hudalla, Councilmembaxs Earth, Lee, Morris and Paterson; Voting Against: None, Attest: /s/ lea A. Hudalla, Mayor /s/ Sharon G. I{lumpp, C ty Administrator Adopted by the City Council of the City of Lake Elmo this i %h day of A , 1990. Attest: Susan Dunn, Mayor Mary Kueffner, C ty Adm nistratar RESOLUTION 90- 17 A RESOLUTION RECEVING REPORT AND CALLING A PUBLIC HEARING FOR THE RECONSTRUCTION OF LAVERNE AVENUE AND UPPER 33RD STREET WHEREAS, pursuant to resolution of the city council adopted January 16, 1990, a report has been prepared by Larry Bohrer, the City Engineer, with reference to the improvement of Laverne Avenue and Upper 33rd Street, and this report was received by the council on April 3, 1990. 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 a cost to be estimated by the City Engineer. 2. A public hearing shall be held on such proposed improvement on the 1st day of May, 1990 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 3rd day of April, 1990. Susan Dunn, Mayor Mary AVAU of , City Administrator RESOLUTION 90 16 A RESOLUTION RECEIVING REPORT AND CALLING A PUBLIC HEARING FOR THE FULL OVERLAY OF LAMPERT AVENUE WHEREAS, pursuant to resolution of the city council adopted January 16, 1990, a report has been prepared by Larry Bohrer, the City Engineer, with reference to the improvement of Lampert Avenue, and this report was received by the council on April 3, 1990. 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 a cost to be estimated by the City Engineer. 2. A public hearing shall be held on such proposed improvement on the lst day of May, 1990 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 3rd day of April, 1990. Susan Dunn, Mayor Mary Kueffhc�; City Administra RESOLUTION 90-15 A RESOLUTION RECEIVING REPORT AND CALLING A PUBLIC HEARING FOR THE FULL OVERLAY OF LEGION AVENUE (WITHIN EDEN PARK ADDITION) WIIEREAS, pursuant to resolution of the city council adopted January 16, 1990, a report has been prepared by Larry Bohrer, the City Engineer, with reference to the improvement of Legion Avenue (within Eden Park Addition), and this report was received by the council on April 3, 1990. 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 a cost to be estimated by the City Engineer. 2. A public hearing shall be held on such proposed improvement on the 1st day of May, 1990 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 Couilf-c—il this 3rd day of April, 1990. Swan Dunn, Mayor MINNESOTA EARTH DAY 1990 RESOLUTION 90-14 WHEREAS, almost twenty years ago, more than twenty million Americans joined together on Earth Day in a demonstration of concern for the environment, and their collective action resulted in the passage of sweeping new laws to protect our air, water, and land; WHEREAS, in the nineteen years since the first Earth Day, despite environmental improvements, the environmental health of the planet is increasingly endangered, threatened by Global Climate Change, Ozone Depletion, Growing World Population, Tropical Deforestation, Ocean Pollution, Toxic Waste, Desertification, and Nuclear Waste requiring action by all sectors of society; WI3EREAS, Earth Day 1990 is a national and international call to action for all citizens to join in a global effort to save the planet; WHEREAS, Earth Day 1990 activities and events will educate all citizens on the importance of acting in an environmentally sensitive fashion by recycling, conserving energy and water, using efficient transportation, and adopting more ecologically sound lifestyles; WHEREAS, Earth Day 1990 will educate all citizens on the importance of buying and using those products least harmful to the environment; WHEREAS, Earth Day 1990 will educate all citizens on the importance of doing business with companies that are environmentally sensitive and responsible; WHEREAS, Earth Day 1990 will educate all citizens on the importance of voting for those candidates who demonstrate an abiding concern for the environment; WHEREAS, Earth Day 1990 will educate all citizens on the importance of supporting the passage of legislation that will help protect the environment; NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council designates and proclaims April 22, 1990 as Earth Day 1990, and that that day shall be set aside for public activities promoting preservation of the global environment and launching the "Decade of the Environment. Adopted this 3rd Day of April, 1990 by the Lake Elmo City Council. u an Dunn, Mayor 7 Attest: Mary" KtTeff City Administrator RESOLUTION 90-13 A RESOLUTION CONTROLLING PARKING ON COUNTY ROAD 17 AND RESIDENTIAL STREETS ABUTTING LAKE ELMO, DURING CERTAIN HOURS OF THE U.S.OLYMPIC FESTIVAL THAT WILL BE HELD ON LAKE ELMO JULY 5 THRU JULY 15, 1990; AND ALLOWING THE OLYMPIC COMMMITTEE TO SET UP AN ADMINISTRATIVE TRAILER ON KLONDIKE AVENUE DURING THE U.S. OLYMPIC FESTIVAL WHEREAS, the U.S. Olympic Festival will be held in the Twin Cities from July 5 thru July 15, 1990; and WHEREAS, Lake Elmo's namesake lake has been choosen as the site for the Canoe/Kayak-Sprint and Rowing Competition; WHEREAS, Lake Elmo fully supports the efforts of the U.S. Olympic Festival and welcomes the opportunity to be a host city to this event. THAT: NOW, THEREFORE, BE IT RESOLVED BY THE LAKE ELMO CITY COUNCIL 1. Parking on County Road 17 will be posted as no parking during the Olympic Festival events that will be held on Lake Elmo. Residential streets in close proximity to Lake Elmo will be posted no parking, based on need, during the Olympic Festival events that will be held on Lake Elmo. This will be done to protect the property and privacy of the City's residents, and to prevent spectators from parking along city streets and entering the Park from the north end. 2. The Olympic Committee will park an administrative trailer at the end of Klondike Avenue that adjoins the Lake Elmo Regional Park. Adopted by the Lake Elmo City Council this 20th day of March, 1990. _.._ Susan Dunn, Mayor Attest: Od 1 e(. Mary K effn" City Administrator RESOLUTION 90- 1 A RESOLUTION CONTROLLING LAKE USE AND TRAFFIC ON LAKE ELMO, CONTROLLING PARKING ON COUNTY ROAD 17 AND RESIDENTIAL STREETS ABUTTING LAKE ELMO, AND ALLOWING THE OLYMPIC COMMMITTEE TO SET UP AN ADMINISTRATIVE TRAILER ON KLONDIKE AVENUE WHEREAS, the U.S. Olympic Festival will be held in the Twin Cities from July 6 thru July 15, 1990; and WHEREAS, Lake Elmo/s namesake lake has been choosen as the site for the Canoe/Kayak-Sprint and Rowing Competition; WHEREAS, Lake Elmo fully supports the efforts of the U.S. Olympic Festival and welcomes the opportunity to be a host city to this event. NOW, THEREFORE, BE IT RESOLVED BY THE LAKE ELMO CITY COUNCIL THAT: 1. During the Rowing, Canoe/Kayak-Sprint training activites on Lake Elmo, boat traffic will be restricted to "no -wake" speed. These dates and times are as follows: Canoe/Kayak-Spring July 5 and July 6 - 8 a.m. to 12 p.m. July 5 - 4 p.m. to 8 p.m. Rowing July 10 and July 11 - 6 a.m. to 10 a.m. July 10 and July it - 3 p.m. to 7 p.m. July 12 - 7 a.m. to 11 a.m. July 12 - 3 p.m. to 7 p.m. 2. During the Rowing .Canoe/Kayak-Sprint Competition on Lake Elmo, no boat traffic will be allowed. These dates and times are as follows: Canoe/Kayak-Sprint July 7 8 a.m. to 11:30 p.m. 4 p.m. to 7 p.m. July 8 8 a.m. to 11:15 p.m. 4 p.m. to 7:15 p.m. Rowing July 13 6:30 a.m to 10:45 a.m. July 14 6:30 a.m. to 10:45 a.m. July 15 6:30 a.m. to 11:30 a.m. 2. Parking on County Road 17 will be posted as no parking during the Olympic Festival. Residential streets in close proximity to Lake Elmo will be posted no parking, based on need, during the Olympic Festival. This will be done to protect the property and privacy of the City's residents, and to prevent spectators from parking along city streets and entering the Park from the north 1 end. 3. The Olympic Committee will park an administrative trailer at the end of Klondike Avenue that adjoins the Lake Elmo Regional Park. ill i i Adopted by the Lake Elmo City Council this 20th day of March, 1990. _ Susan Dunn, Mayor f- Attest: Mary Kueffner, City Administrator r i RESOLUTION 90-13 A RESOLUTION CONTROLLING PARKING ON COUNTY ROAD 17 AND RESIDENTIAL STREETS ABUTTING LAKE ELMO, DURING CERTAIN HOURS OF THE U.S.OLYMPIC FESTIVAL THAT WILL BE HELD ON LAKE ELMO JULY 5 THRU JULY 15, 1990; AND ALLOWING THE OLYMPIC COMMMITTEE TO SET UP AN ADMINISTRATIVE TRAILER ON KLONDIKE AVENUE DURING THE U.S. OLYMPIC FESTIVAL WHEREAS, the U.S. Olympic Festival will be held in the Twin Cities from July 5 thru July 15, 1990; and WHEREAS, Lake Elmo's namesake lake has been choosen as the site for the Canoe/Kayak-Sprint and Rowing Competition; WHEREAS, Lake Elmo fully supports the efforts of the U.S. Olympic Festival and welcomes the opportunity to be a host city to this event. 0000FA 4F NOW, THEREFORE, BE IT RESOLVED BY THE LAKE ELMO CITY COUNCIL 1. Parking on County Road 17 will be posted as no parking during the Olympic Festival events that will be held on Lake Elmo. Residential streets in close proximity to Lake Elmo will be posted no parking, based on need, during the Olympic Festival events that will be held on Lake Elmo. This will be done to protect the property and privacy of the City's residents, and to prevent spectators from parking along city streets and entering the Park from the north end. 2. The Olympic Committee will park an administrative trailer at the end of Klondike Avenue that adjoins the Lake Elmo Regional Park. Adopted by the Lake Elmo City Council this 20th day of March, 1990. Susan Dunn, Mayor Attest: n 42 � Mary KQeffne�7�'City Administrator RESOLUTION 90-12 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO BARBARA HAACKE FOR HER CONTRIBUTION TO THE CITY OF LAKE ELMO WHEREAS, we have had the pleasure of working with Barbara Haacke during her service on the Lake Elmo Planning Commission; and WHEREAS, we greatly appreciate her perception, her understanding of the community, the City Ordinances, her work on the Comprehensive Plan, and her understanding of the needs and goals of the community. 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 Barbara Haacke, offer their sincere appreciation and thanks for her devotion to the City of Lake Elmo. ADOPTED this 20th day of February, 1990, by the City Council of the City of Lake Elmo. Susan Dunn, Mayor Attest: -El? 15 190 15: Liz T k: 6 R R. NSSOC. , IHC, F. RESOLUTION 90• 11 CITY OF LAKE ELMO, MINNESOTA WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolution of the City Council dated the I Gth day of May, 1989, the City Engineer has prepared plans and specifications for the Improvement of 15th Street from Inwood Avenue to the West City Limits, 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 CRY Clerk shell prepare and cause to be Inserted In the official paper and In the Construction Bulletin an advertisement for bids upon the making of such Improvements under such approved plans and specifications, The advertisement shall be Published for three weeks, shell specify the work to be done, shall state that bids will be received by the Clark until 10:00 AM on Thursday, March 29, 1990, at which time they will be publicly opened In the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council �tq est�Med Tuesday rl g consder tl n9of thethe bid will belgivenn anrs. opportunty or whose address theoCoiunlcil on the Issue of responsibility. No bids will be considered unless seed 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 20th day of February, 1990 by the City Council of the City of Lake Elmo, Washington County, Minnesota, Susan Dunn, Mayor ATTEST: �— � 4 4-y Mary Kt'effner, Of Administrtor RESOLUTION 90-10 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO GEORGE KRUEGER WHEREAS, George Krueger has made application to the City of Lake Elmo for a Large Lot Subdivision of the property described as follows: Part of the E-1/2 of the NW-1/4 of Section 12, Township 29, Range 21 except the N-1/2 of the W-1/2 of the E-1/2 of the NW-1/4 subject to easements. Whereas, the Planning Commission considered this application at a public hearing on February 12, 1990 and recommended the above described parcel be subdivided into two parcels described as follows: Parcel A The North 1591.22 feet of the East Half of. the East Half of the East Half of the Northwest Quarter of Section 12, Township 29 North, Range 21 West, Washington County, Minnesota. Containing 12.00 Acres, more or less, subject to the right -of --way of 50th Street North along the northerly line thereof. Subject to and together with any other valid easements, reservations or restrictions. Parcel B All that part of the East Half of the East Half of the East Half of the Northwest Quarter lying southerly of the North 1591.22 feet thereof; The West Half of the East Half of the East Half of the Northwest Quarter; and the South Half of the West Half of. the East Half of the Northwest Quarter, all. in Section 12, Township 29 North, Range 21 West, Washington County Minnesota. Containing 47.71 acres, more or less, subject to the right-of-way of 50th Street North along the northerly line of said West Half of the East Half of the East Half of the Northwest Quarter. Subject to and 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 George Krueger for a Large Lot- Subdivision of the real estate described above, be and the same hereby is granted, subject to the following conditions: RESOLUTION 90-10 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO GEORGE KRUEGER WHEREAS, George Krueger has made application to the City of Lake Elmo for a Large Lot Subdivision of the property described as follows: Part of the E-1/2 of the NW-1/4 of Section 12, Township 29, Range 21 except the N-1/2 of the W-1/2 of the E-1/2 of the NW-1/4 subject to easements. Whereas, the Planning Commission considered this application at a public hearing on February 12, 1990 and recommended the above described parcel be subdivided into two parcels described as follows: Parcel A The North 1591.22 feet of the East Half of the East Half of the East Half of the Northwest Quarter of Section 12, Township 29 North, Range 21 West, Washington County, Minnesota. Containing 12.00 Acres, more or less, subject to the right-of-way of 50th Street North along the northerly line thereof. Subject to and together with any other valid easements, reservations or restrictions. Parcel B All that part of the East Half of the East Half of the East Half of the Northwest Quarter lying southerly of the North 1591.22 feet thereof; The West Half of the East Half of the East Half of the Northwest Quarter; and the South Half of the West Half of the East Half of the Northwest Quarter, all in Section 12, Township 29 North, Range 21 West, Washington County Minnesota. Containing 47.71 acres, more or less, subject to the right-of-way of 50th Street North along the northerly line of said West Half of the East Half of the East Half of the Northwest Quarter. Subject to and 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 George Krueger for a Large Lot Subdivision of the real estate described above, be and the same hereby is granted, subject to the following conditions: 1. The applicant pays a park dedication fee of $450 for the newly created lot. 2. The applicant provide to the City of Lake Elmo a deed for the North 33 feet of Parcel A and Parcel B for the purpose of street right-of-way and utility easements. ADOPTED by the City Council of the City of Lake Elmo.this 20th day of February, 1990. Signed: Susan Dunn, Mayor Attest: Mary Kueffner, Acting City Administrator 1. The applicant pays a park dedication fee of $450 for the newly created lot. 2. The applicant provide to the City of Lake Elmo a deed for the North 33 feet of Parcel A and Parcel B for the purpose of street right-of-way and utility easements. ADOPTED by_the City Council of the City of Lake Elmo this 20th day of February, 1990. Signed may®» Susan Dunn, Mayor Attest: RESOLUTION 90-9 A RESOLUTION APPROVING THE FINAL PLAT OF PACKARD PARK 3RD ADDITION WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved a preliminary plat Packard Park 3rd Addition; and, WHEREAS, the Lake Elmo Planning Commission reviewed a final plat for Packard Park 3rd Addition at its November 27, 1989 and December 11, 1989 meetings; and WHEREAS, the final plat presented to the City conforms to the City's subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby approve and accept the final plat of Packard Park 3rd Addition as the same as on file with the City Administrator subject to the following conditions: 1. The developer and the City shall execute a Developer's Agreement and deposit such security with the City as determined by the City Engineer. 2. The developer shall pay to the City of Lake Elmo $450 park dedication fee for each newly created lot. 3. The developer shall provide Washington County with a road easement over the east 17 feet of Outlots A, B, C, and D. 4. The developer shall provide the City with road easements for the temporary cul-de-sac on Lansing Avenue. 5. The developer shall pay all pass-thru costs related to this development. ADOPTED by the Lake Elmo City Council this 6th day of February, 1990. Attest: ry KudTfndr,/)Pting C Signed Susan Dunn, Mayor Ly Aaministrator (( RESOLUTION 90-9 A RESOLUTION APPROVING THE FINAL PLAT OF PACKARD PARK 3RD ADDITION WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved a preliminary plat Packard Park 3rd Addition; and, WHEREAS, the Lake Elmo Planning Commission reviewed a final plat for Packard Park 3rd Addition at its November 27, 1989 and December 11, 1989 meetings; and WHEREAS, the final plat presented to the City conforms to the City's subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo does hereby approve and accept the final plat of Packard Park 3rd Addition as the same as on file with the City Administrator subject to the following conditions: 1.. The developer and the City shall execute a Developer's Agreement and deposit such security with the City as determined by the City Engineer. 2. The developer shall pay to the City of Lake Elmo $450 park dedication fee for each newly created lot. 3. The developer shall provide Washington County with a road easement over the east 17 feet of Outlots A, B, C, and D. 4. The developer shall provide the City with road easements for the temporary cul-de-sac on Lansing Avenue. 5. The developer shall pay all pass-thru costs related to this development. ADOPTED by the Lake Elmo City Council this 6th day of February, 1990. Signed: Susan Dunn, Mayor Attest: Mary Kueffner, Acting City Administrator RESOLUTION 90-8 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE FULL OVERLAY OF LEGION AVENUE (WITHIN EDEN PARK ADDITION) WHEREAS, it is proposed to improve Legion Avenue (with Eden Park Addition) 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 LAKE ELMO, MINNESOTA: That the proposed improvement be referred to the Larry Bohrer, the City Engineer 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 16th day of January, 1990. S san Dunn, Mayor 7 Attest: Mary KueffneiV,,"Acting City Administrator RESOLUTION 90-7 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE FULL OVERLAY OF LAMPERT AVENUE WHEREAS, it is proposed to improve Lampert Avenue from 32nd Street to 33rd Street 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 LAKE ELMO, MINNESOTA: That the proposed improvement be referred to the Larry Bohrer, the City Engineer 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 16th day of January, 1990. G-- SLfsan Dunn, Mayor Attest: Mary Kd6ffner,//,,Xcting City Administrator RESOLUTION 90-6 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE RECONSTRUCTION OF LAVERNE AVENUE AND UPPER 33RD STREET WHEREAS, The Old Village street reconstruction project has been identified as the next MSA project in the city's 5-year plan; and WHEREAS, it is proposed to improve Laverne Avenue from State Highway 5 to Upper 334d Street, and Upper 33rd Street from Laverne Avenue to CSAH 17 using MSA funds and assessment to the benefited property for a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: That the proposed improvement be referred to the Larry Bohrer, the City Engineer 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 16th day of January, 1990. Susan Dunn, Mayor Attest: Mary effn Acting City Administrator LM RESOLUTION 90-5 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO AL KUNDE FOR HIS CONTRIBUTION TO THE LAKE ELMO PLANNING COMMISSION WHEREAS, we have had the pleasure of working with Al Kunde during his service on the Lake Elmo Planning Commission; and WHEREAS, we have greatly appreciated his perception; his understanding of the community and its needs, and his desire to keep Lake Elmo a desirable place to live. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council and each and every member, past and present who had the opportunity to work with Al Kunde hereby offer their sincere appreciation and thanks for his service to the City of Lake Elmo. ADOPTED this 2nd day of January, 1990 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Lfd Grsn. Griyryyc.., SusAn Dunn, Mayor Attest: 1 s ary KUeffnel� Acting City Administrator y RESOLUTION 90-f CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO -L—K-UNBE 1QDn Moej FOR HIS CONTRIBUTION TO THE LAKE ELMO PLANNING COMMISSION WHEREAS, we have had the pleasure of working with Al Kunde during his service on the Lake Elmo Planning Commission; and WHEREAS, we have greatly appreciated his perception; his understanding of the community and its needs, and his desire to keep Lake Elmo a desirable place to live. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council and each and every member, past and present who had the opportunity to work with Al Kunde hereby offer their sincere appreciation and thanks for his service to the City of Lake Elmo. ADOPTED this 2nd day of January, 1990 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Sin Dunn, Mayor —� Attest: strator 1 3 RESOLUTION 90—'£ CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO 'AL--ItYiicIF�E .(�E/{/v ���ldlS 1d� FOR HIS CONTRIBUTION TO THE LAKE ELMO PLANNING COMMISSION WHEREAS, we have had the pleasure of working with Al Kunde during his service on the Lake Elmo Planning Commission; and WHEREAS, we have greatly appreciated his perception; his understanding of the community and its needs, and his desire to keep Lake Elmo a desirable place to live. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council and each and every member, past and present who had the opportunity to work with Al Kunde hereby offer their sincere appreciation and thanks for his service to the City of Lake Elmo. ADOPTED this 2nd day of January, 1990 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Susan Dunn, Mayor Attest: strator RESOLUTION 90-2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO DAVE JOHNSON FOR HIS CONTRIBUTION TO THE LAKE ELMO PLANNING COMMISSION FROM 1986 THROUGH 1989 WHEREAS, we have had the pleasure of working with Dave Johnson during his service on the Planning Commission; and, WHEREAS, we have greatly appreciated his perception; his understanding of the community, its codes and local needs, his contribution of background information to the commission during decision making and his committment as a long term member of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council and each and every member, past and present who had the opportunity to work with Dave Johnson hereby offer their sincere appreciation and thanks to Dave Johnson for his years of service to the City of Lake Elmo. ADOPTED this 2nd day of January, 1990, by the City Council of =� the City of Lake Elmo, Washington County, Minnesota. Signed: `. S san Dunn, Mayor Attest: uI tfil,• Mary dtueff , Acting Cit Administrator Member Uj ) ia,m5 moved its adoption: RESOLUTION 90-1 introduced the following resolution and CITY OF LAKE ELMO RESOLUTION REVOKING SUSPENSION OF BUILDING PERMIT #89-254 WHEREAS, on July 29, 1989, Stephen D. and Elizabeth M. Johnson executed a Purchase Agreement for the purchase of 2945 Lake Elmo Avenue North in the City of Lake Elmo, contingent upon the sale of the Johnson's existing home at 5931 Hytrail Avenue North, Lake Elmo, MN, and other matters, (see Purchase Agreement attached as Exhibit 1); and WHEREAS, on September 21, 1989, Mr. and Mrs. Johnson executed an application for a mortgage loan on 2945 Lake Elmo Avenue North (see Mortgage Application attached as Exhibit 2); and WHEREAS, on the 28th day of September, 1989, Mr. and Mrs. Johnson made application for a variance on the property located at 2945 Lake Elmo Avenue North to permit the construction of a 2,000 square foot storage building and a public hearing pursuant thereto was scheduled on October 17, 1989, at 7:30 p.m. (see Notice of Public Hearing attached as Exhibit 3); and WHEREAS, the legal description of 2945 Lake Elmo Avenue North is as set forth in the title opinion of H. Gordon Taylor, (see Certificate of Title Opinion attached as Exhibit 4); and WHEREAS, on October 17, 1989, the City Council of the City of Lake Elmo denied the request of Mr. and Mrs. Johnson for a variance to construct a 2,000 square foot storage building (see Variance Application attached as Exhibit 5); and WHEREAS, at the City Council meeting of October 17, 1989, Mr. Johnson requested information from the City Council about the possibility of erecting a 1,000 square foot accessory building with a 1,000 square foot canopy to keep snow off of his motor home and the City Council directed Mr. Johnson to contact the Building Official with his request because they looked at the request as a building code question (see Lake Elmo City Council Minutes attached as Exhibit 6); and WHEREAS, Mr. Johnson made several inquiries of Jim McNamara, the Building Official of the City of Lake Elmo and on October 29, 1989, Mr. Johnson received confirmation by telephone from Mr. McNamara that the construction of a 1,000 square foot storage building with a 1,000 square foot canopy would be permitted; and WHEREAS, on October 30, 1989, Stephen Johnson received building permit #89-254 authorizing the construction of a 1,000 square foot storage building and a 1,000 square foot canopy area (see Building Permit attached as Exhibit 7); and WHEREAS, after obtaining the building permit, Mr. and Mrs. Johnson closed on the sale of their home at 5831 Hytrail Avenue North, Lake Elmo, MN, on October 30, 1989 (see Settlement Statement attached as Exhibit 8); and WHEREAS, on October 31, 1989, Mr, and Mrs. Johnson closed on the sale of the purchase of their property at 2945 Lake Elmo Avenue North, (see Settlement Statement attached as Exhibit 9); and WHEREAS, on November 6 and 7, 1989, Mr. Johnson negotiated with Morton Buildings, Inc. for the construction of a storage building 36' x 28' feet in size, together with a 36' x 28' canopy, (see Proposals attached as Exhibit 10); and WHEREAS, on November 17, 1989, Mr. Johnson entered into a written contract with Morton Buildings, Inc. for the construction of the building in accordance with the plans at a price of $16,874.00 with $1,700.00 paid down on the contract (see Contract attached as Exhibit 11); and WHEREAS, the contract called for the construction site to be prepared by Mr. Johnson and to be ready by November 17, 1989, (see Contract attached as Exhibit 12); and WHEREAS, pursuant to an oral contract between Mr. Johnson and Vic's Excavating, the. building site was excavated at a cost of $900.00 which included the removal of approximately 60 trees consisting of ash, maple, and other types of trees; and WHEREAS, upon closing on the sale of their home at 5831 Hytrail Avenue North, Lake Elmo, MN, Mr. and Mrs. Johnson rented storage space to store the equipment intended for the proposed storage building at a rate of $92.00 per month; and WHEREAS, on November 28, 1989, the City Building Official suspended the Building Permit #89-254 informing Mr. Johnson that the canopy area not be constructed and that the City Council Members would discuss the matter at their meeting of December 5, 1989 (see letter attached as Exhibit 13); and WHEREAS, the City Council considered the proposed construction at its meeting of December 5, 1989, and referred the matter to a City Council Committee consisting of Council Members Williams and Graves with full authority to make a settlement or decision on the matter on behalf of the City Council; and WHEREAS, on December 6, 1989, Council Members Williams and Graves met with Mr. and Mrs. Johnson, their attorney Richard J. Schieffer and the City Attorney, Steven Carlson at City Hall; and fie WHEREAS, Mr. Johnson presented further information indicating that an additional charge of $2,276.00 would be made by Morton Buildings, Inc. upon cancellation of the building order (see cancellation expenses attached as Exhibit 14); NOW THEREFORE, the Council Committee consisting of Council Members Williams and Graves, on behalf of the City Council of the City of Lake Elmo makes the following findings: 1. That a 1,000 square foot Canopy attached to a 1,Ooo square foot garage is not permitted under the Municipal Code of the City of Lake Elmo in an R1 Zoning District. 2. Stephen and Elizabeth Johnson proceeded in good faith at the direction of the City Council to apply to the Building Official of the City of Lake Elmo for a Building Permit for a 1,000 square foot storage building with a 1,000 square foot canopy and permit #89-254 was issued in good faith by the Building Official, James McNamara; 3. In reasonable reliance on the permit as issued, Stephen and Elizabeth Johnson entered into a contract with Morton Buildings, Inc. for the construction of the proposed building, paid an excavator to excavate the proposed site including the removal of a large number of trees, and incurred expenses for equipment storage; ( 4. In the event the construction cannot go forward as planned, Mr. and Mrs. Johnson will incur cancellation charges in the amount of $2,276.00 in addition to the $1,700.00 down payment already paid on the building; 5. Mr. and Mrs. Johnson ask no relief except to continue with construction under permit #89-254 and expressed a willingness to execute a complete release to the City if work could proceed. 6. That Mr. and Mrs. Johnson have demonstrated expenses for improvements that are unique to the project and which would not otherwise be usable under the existing municipal code. 7. The equities advanced by Stephen and Elizabeth Johnson in this particular case are sufficiently great to outweigh the public interest advanced through strict enforcement of the Municipal Code which would otherwise not allow the 1,000 square foot canopy. 3 Be it further resolved, that the Building Official of the City of Lake Elmo is hereby advised to withdraw his letter of November 28, 1989, suspending Building Permit #89-254. Dated: L �� Susan Dunn, Mayor ATTEST: Mary Mieffn r' Deputy City Clerk The motion for the adoption of the fW�pregoing of the foregoing resolution was duly seconded by member fhvn T and upon vote being taken thereon, the following voted in favor thereof: -j)vN&)) GkAVF�S, 4UNT and the following voted against same "Gtje Whereupon said resolution was declared duly passed and adopted. 4 DRAFTED BY THE CITY OF LAKE ELMO yS CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF LAKE ELMO ) I hereby certify that Resolution 90--1 is a true and correct copy of a resolution presented to and adopted by the City Council.of the City of Lake Elmo at a meeting thereof held n the City of Lake Elmo, Washington County on the day of ,, City of Oakdale RESOLUTION NO. 90-54 EFFECTING THE DETACHMENT OF CERTAIN LANDS FROM THE CITY OF OAKDALE AND THE ANNEXATION OF SAME TO THE CITY OF LAKE ELMO. . At a regular meeting of the City Council of the City of Oakdale held on Tuesday, April 10, 1990 at the Oakdale Municipal Building, 1584 Hadley Avenue North, Oakdale, Minnesota, with the following members present: Mayor Leo Hudalla, Councilmembers Ted Bearth, Bill Lee, Pat Morris and Bev Peterson and the following absent: None, the Oakdale City Council resolved: WHEREAS, the City of Oakdale received a petition from Thomas G. and Rosemary C. Armstrong on January 23, 1989 requesting detachment of 13 acres from the City of Oakdale and the annexation of same to the City of Lake Elmo attached hereto as Exhibit A; and WHEREAS, the City of Oakdale has reviewed this ,request and does not object to the concurrent detachment of this property from the City of Oakdale and its annexation to the City of Lake Elmo; and WHEREAS, the City of Lake Elmo is willing to accept the annexation of the 13 acres petitioned for detachment from the City of Oakdale. , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakdale: 1. That those certain premises situated in the State of Minnesota, County of Washington, described as follow to wit: The north half (N 1/2) of 'the east half (E 1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4) of Section 29, Township 29 north, Range 21 west, containing ten acres, more or less. and also, the northerly three hundred eighty-eight and five tenths (388.5) feet of the east half (E 1/2) of the southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4) of Section 29, Township 29 north, Range 21 .west, containing three acres, more or less. 2. That the City Council finds that the above described property now located in the City of Oakdale abuts the City of Lake Elmo and is properly subject to concurrent detachment and annexation by concurrent resolutions of the two councils of the two municipalities pursuant to Minnesota Statutes 414.061. 3. That it is the desire of the City of Oakdale that the above described property be concurrently detached from the City of Oakdale and annexed to the City of Lake Elmo. 4. That it is the desire of the City of Lake Elmo that the above -described property be concurrently detached from the City of Oakdale and annexed to the City of Lake Elmo. Page Two 5. That both the City Council for the City of Oakdale and the City Council for the City of Lake Elmo request the Minnesota Municipal Board to grant their request for the concurrent detachment and annexation of the above -described real property to be effective upon issuance of the Board's order or at such later date as provided by the Board in its order. Adopted by the City Council of the City of Oakdale this loth day of April, 1990. Voting in Favor: Mayor Hudalla, Councilmembers Bearth, Lee, Morris and Peterson; Voting Against: None. /s/ Leo A. Hudalla, Mayor Attest: Sharon G. Y�lumpp,U City Administrator Adopted by the City Council of the City of Lake Elmo this day of , 1990. Su an Dunn, Mayor Attest: Mary K ffner,`City Administrator f �L�- 5,-" &,-, C �arrai.� 1 fi;s 4 s E ^: zes t'?a lw chic, do hereby certify thz► t t'his a true and ItCrilac 0O y C►f :. hick is on file in the office of t!,s City Clerk of the City of OaktWe i S�a-1i� 2. 3. 4 City of Oakdale RESOLUTION NO. 90-54 EFT HE DETACH OAR MENT THE ANNEXATION OFAME TO FS CERTAIN LANDS -PROM THE CITY OF At THE CITY OF LAgE ELMO.hel , meeting of the City Council of Bui esday, April lo, 1990 at fol 84 HadleyAvenue North the Oakdale Of Oakdale Bea tubers Ave Oa Lee present; Mayor Leo Oakdale Minnesot Municipal Pat Hudalla, Counc' a' with the _abs e, the Oakdale and Bev Peterson akdale Cit and ilmembers Ted WHE Y Council resolved: the following City A Oakdale received det o C' Armstrong on Jnary petition Thomas G. anne°f 13 acres from � from a d same to the City the City of oakd requesting Lake Elmo attached hereto the as WHER notCity of Oakdalehas City lehandoits rendetachmentwof this request and does annexation f this anne City of Lake ion to the City of Lake theproperty City le. 13 acres petitioIs ned willing ldeg to accept the the NOW, detachment from the Ev BE jg+ oakda RESOLVED by the City Council of the City of ) 1' se hif certain premisessituated county of Washington,described in the State of half (N 1/2) of t as follow to wit; quartn gIer (SE 1/4) Of the half u 1er of the more Or less. 29 hOrth, Range northeast quarter (NE 1/4) west, containing the northerly three aqua terfeet of the beast d eight eight rthe (SE 1/4) of t half (E el and five astquarterhe southeast 1/2) of the 1 Range 2s(NE he threeiona 91 rter To TownSE ship more or pwl i oCouncil finds t ated in the that the above d Elmo and is City of Oakdale described and annexation pb Properly sub' abuts the city t is of the two Y subject to concurrent S 14.061, municipalities pursu resolution, of the ant to Minnesota T the desire of d the O annexedbtocth urrently detachedlfrohat the above City of Lake Elmo. m the City of the desire of the a ed City ib pro e , C dale and annexed concurrent) Lake Elmo that the xed to the City of Lake Elmo rot the Page Two 5. That both the City Council for the City of Oakdale and the City Council for the City of Lake Elmo request the Minnesota Municipal Board to grant their request for the concurrent detachment and annexation of the above -described real property to be effective upon issuance of the Board's order or at such later date as provided by the Board in its order. Adopted by the City Council of the City of Oakdale this loth day of April, 1990. Voting in Favor: Mayor Hudalla, Councilmembers Bearth, Lee, Morris and Peterson; Voting Against: None. /s/ Leo A. Hudalla, Mayor Attest: Sharon G. Klump , CCity Administrator Adopted by the City Council of the City of Lake Elmo this day of , 1990. Susan Dunn, Mayor Attest: Mary Ku ffne City Administrator $T� ar:•f. ',i L.:1 �J!%wig.' [l l{:� do hQr2i:lj� rA LrUV [.+11d'i-_� �f 1i `-.�:I T,�vr ��J .✓��'�il V 'raj/(�/Kn�cnJ C��� J I — �VV Iic;s is o;l ;;;:) in the office of Ih-_ Cit Clock of t. e City of O kdalO r .=�-.. i u jLjl VC '"a", DE,'VEioFKENT APPLICATION FORM Comnrehensi-re Plan Amendment Simple Lot Division -_ Zoning District Amendment -.Large Lot Subdivision f" Text Amendment Subdivision Sketch Conditional Use Permit Preliminary (^/) Final _4Variance Subdivision Variance Appeals "l I O 69 ` Flood Plain Conditional Use Trailer Park S � ' Permit Site & Bldg. Plan Review til, Shoreland Penmat Mining Permits Planned Unit DetTelopment Applicant Owner Name Address Property location (Street Address and Legal Description): Description and/or Reason for Request (Cite Ordinance Section): A)60 AcKeS) . In signing this application, I hereby acknowledge that I have read arxi fully under— stand the applicable provisions of the Zoning and .Su'cdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to addition application expense. DocRendorf,Dale T&Kathleen P.O. Box 199 Lake Elmo, MN 55042 Lohmann, Egon 0&Eveleth I 3582 Lake Elmo Avenue Lake Elmo, MN 55042 1 Arndt,E.V. & Dorothy 11079 Stillwater Blvd. 1, Lake Elmo, MN 55042 Hill, Janel M&Mark T. 11091 Stillwater Rd. Lake Elmo, MN 55042 Lohmann, Leonard 3650 Lake Elmo Avenue Box 55 Lake Elmo, MN 55042 ( Crabtree, Robert F. & Bonna J. { r 3603 Lake Elmo Avenue Lake Elmo, MN 55042 State Bank of Lake Elmo 3549 Lake Elmo Avenue Lake Elmo, MN 55042 Schaefer, James A &Arthur B. 1347 McKusick Rd. Ln N Stillwater, MN 55082 Wanless, David A &Betsy L 3515 Lake Elmo Avenue Lake Elmo, MN 55042 1. Novak, Robert B.&Carol J. 2925 N. Klondike Avenue Lake Elmo, MN 55042 f Weeks, Barry E&Ellis Kathle 3647 Lake Elmo Avenue N. Lake Elmo, MN 55042 Kromschroeder Jerry & Sharon 10823 32nd St. Lake Elmo, MN 55042 Gorman, Dennis D. 2582 Ralph St. White Bear Lake, MN 55110 Hagstrom•Jim G. 3511 N. Lake Elmo Avenue Lake Elmo, MN 55042 Lee M Jack & Gisela K. 3084 Layton Ct. Lake Elmo, MN 55042 Johnson, Terrance K. c/o Gregory W. Johnson 1219 S. Everett St. ( Stillwater, MN 55082 i. La Croix, Dennis D & Tracy 219-19th Avenue So. So. St. Paul, MN 55075 f C.A. Gerbitz Co. Inc. 11299 Stillwater Blvd. N. �. Lake Elmo, MN 55042 Lake Elmo Hdwd Lbr Company (. f. 11320 Upper 33rd St. N. Lake Elmo, MN 55042 (. Moris, Richard W. �- 3797 Ideal Avenue N. Lake Elmo, MN 55042 1 Eder, Willard J. 3405 Lake Elmo Avenue N. Lake Elmo,, 14N 55042 Hagberg, William C. Eder, John J & Alice C. 2976 N. Lake Elmo Avenue Twetten Plable G. 3625 Lake Elmo Ave. Lake Elmo, MN 55042 3514 Lake Elmo Avenue N. Lake Elmo, MN 55042 Lake Elmo, MN 55042 1 BID FIGURES FOR 1990 TRUCK W/O TRADE W/TRADE CAP AND CHASSIS: 1.LAKELAND FORD:: $38,577.29 $16,177.29 2.BOYER FORD $38,057.00 $17,577.00 3.SYVERSON FORD $37,599.00 $19,599.00 4.ASTLEFORD'S IH $ 40,397.00 $25,397.00 S.SYVERSON GMC $48,338.60 $28,338.60 $39,469.72_ $29,969.72 6 . NO__STAR IH ___-- DUMP BODY AND HYDRAULICS: 1.MACQUEEN EQUIP. HEIL $7,213.00 2.CRYSTEEL EQUIP. CRYSTEEL $8,195.00 3.J-CRAFT . J-CRAFT $8,622.50 4.L-Z CO. HENDERSON $9,595.00 REVERSIBLE PLOW: 1.L-Z CO. GOOD ROADS $3,761.00 2.CRYSTEEL FALLS $4,636.00 3.MACQUEEN FALLS $4,992.00 WING PLOW: 1.CRYSTEEL FALLS $3994.00 -• 2.MACQUEEN FALLS $4,088.00 TAILGATE SANDER: 1.CRYSTEEL FALLS $2,325.00 2.MACQUEEN, FALLS $2,490.00 $3,133.00 3.L-Z CO. MEYERS UNDERBODY BLADE: 1.CRYSTEEL MONROE $2,015.00 2.RUFFRIDGE/JOHNSON ROOT $3,000.00 IF WE PURCHASE TOTAL PACKAGE FROM CRYSTEEL, $21,1.00 (PACKAGE DISCOUNT) - $45050.00 AND UNDERBODY) $20,715.00 (DUMP BODY,PLOW,WING,SANDER, $18,700.00 (WITHOUT UNDERBODY) IF WE PURCHASE TOTAL PACKAGE FROr MACQUEEN, $18,783.00 (DUMP BODY,PLOW,WING,AND SANDER) HAVE (THEY DO NOT SELL A UNDERBODY, WOULD TO PURCHASE FROM CRYSTEEL AT $2,015.00 $20,798.00 WHICH WOULD BRING THERE PACKAGE TO) ok j J d ,., IV 1F �av, I I i GOK r O'!, 1 + n- � i a c.c >c 370/S'�SGSD 76/s { Sf.� <S�o 00 '70:� z'S 7oPJ — //a✓� - 39st40 S'SiSflO 'i i 36, X i u 37`"l66-gOS /80 Sg200 /07/tJCJ— i"< '. /0!c , w pL''-� /©� r„ `:' s>i i , : �.f.�'.�. a--✓tA'l 7G ��� %.7 �Oi� 7 . 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