HomeMy WebLinkAbout2001 Resolutions 2 RESOLUTION C) 0 -4 1
•
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL
HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE
METROPOLITAN LIVABLE COMMUNITIES ACT
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section
473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is
intended to address housing and other development issues facing the metropolitan area
defined by Minnesota Statutes section 473 -121; and
WHEREAS, the Metropolitan livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account, the Local
Housing Incentive Account and the Inclusionary Housing Account is intended to provide
certain funding and other assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans
under the metropolitan Livable Communities Fund or eligible to receive certain polluted
sites cleanup funding from the Minnesota Department of Trade and Economic
Development unless the municipality is participating in the Local Housing Incentives
• Account Program under the Minnesota Statues section 473 -254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan
Council to negotiate with each municipality to establish affordable and life -cycle housing
goals for that municipality that are consistent with and promote the policies of the
Metropolitan Council as provided in the adopted Metropolitan Development Guide; and
WHEREAS, each municipality must identify to the Metropolitan Council the actions the
municipality plans to take to meet the established housing goals through preparation of
the Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by, resolution after a public hearing,
negotiated affordable and life -cycle housing goals for each participating municipality;
and
WHEREAS, a metropolitan area municipality which elects to participate in the Local
Housing Incentives Account Program must do so by November 15 of each year; and
•
WHEREAS, for calendar year 2002, a metropolitan area municipality that participated in
the Local Housing Incentive Account Program during the calendar year 2001, can
continue to participate under Minnesota Statutes section 473.254 if (a) the municipality
elects to participate in the Local Housing Incentives Program by November 15, 2001;and
(b) the Metropolitan Council and the municipality have successfully negotiated
affordable and life -cycle housing goals for the municipality;
NOW, THEREFORE, BE IT RESOLIVED THAT the City of Oak Park Heights
participate in the Local Housing Incentives Program under the Metropolitan Livable
Communities Act during the calendar year 2002.
PasX &ityouncil this 23 d day of October, 2001.
BY: /C��' B Y
Kimberly Kafrfiper,
Mayor Acting City Administrator
CITY OF OAK PARK HEIGHTS
RESOLUTION NO. 01 -11- �0
RESOLUTION CALLING FOR HEARING ON ASSESSMENTS
FOR THE HAZARDOUS BUILDING REMOVAL AT
5887 BEACH ROAD NORTH, OAK PARK HEIGHTS, MINNESOTA
WHEREAS, the City Clerk, with the assistance of the City Community
Development Director and the City Attorney have prepared an assessment roll for the
improvement project known as the Hazardous Building Removal at 5887 Beach Road
North, and said assessment roll is on file with the City Clerk and is open to public
inspection;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Oak
Park Heights, Washington County, Minnesota as follows:
1. That the City Clerk shall publish Notice that this Council will meet to
consider the proposed assessments on said hazardous building removal at 5887 Beach
Road North with said public hearing being held on November 27, 2001 at 7:00 p.m. at the
City Hall within the City of Oak Park Heights, Minnesota. The published notice shall be
substantially in the form set forth in Exhibit A attached hereto.
• 2. A copy of the Notice in substantially the form set forth in Exhibit B
attached hereto shall be mailed to the owner of each parcel of property described within
the assessment roll.
Passed by the City Council of Oak Park Heights this 13' d ovember, 2001.
David Beaudet
Mayor
ATTEST:
Kimberly Kamper
Acting City Administrator
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 01 -11- 5I
• A RESOLUTION ADOPTING FEE CHANGES TO
COMMUNITY DEVELOPMENT FEE SCHEDULE
WHEREAS, on March 28, 2000 the City Council reviewed and adopted a Community
Development Fee Schedule; and
WHEREAS, fee schedules are subject to periodic review and amendment to ensure realistic
fees for services rendered through the Community Development Department; and
WHEREAS, the fee schedule of March 28, 2000 has been reviewed and an amendment of fees
is recommended.
NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights
hereby adopts the revised fee schedule as follows:
COMMUNITY DEVELOPMENT DEPARTMENT BASE FEE * ESCROW
FEE SCHEDULE
Zoning District Amendment $400 $1,000 -3,000
Conditional Use Permit/Amendment $400 $1,000 -3,000
Variance: Single Family Residential $150 N/A
Variance: Industrial /Commercial - $200 $1,000 -3,000
• Subdivision: Major $400 $1,000 -3,000
Subdivision: Minor $200 $500
Home Occupation $100 N/A
Site Plan Review $400 $1,000 -3,000
Street Vacation $100 $500
PUD: Amendment $700 $1,000 -3,000
PUD: Concept Plan I $500 $1,000 -3,000
PUD: General Plan $700 $1,000 -3,000
Comprehensive Plan Amendment $500 $1,000 -3,000
*Escrow: Escrow is a guarantee that all final bills for the project will be paid.
Based on Number of Units: 1 -9 $1,000
10 -50 $2,000
51+ $3,000
If the project exceeds 10 acres in size an individual escrow will be calculated for
the project
All new subdivisions must satisfy park dedication requirements.
Home Occupation and Home Occupation Minor are renewed annually and require $10
annual renewal fee.
MBea-0etC ity Coun ' 13 day of November, 2001.
Attest:
Kimberly K mper
Mayor Acting City Administrator
• City of Oak Park Heights
Resolution 01 -11 -52
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$490,000 GENERAL OBLIGATION REFUNDING BONDS OF 2001
AND PLEDGING FOR THE SECURITY THEREOF
SPECIAL ASSESSMENTS AND AD VALOREM TAXES
A. WHEREAS, the City Council of the City of Oak Park Heights, Minnesota
(the "City ") hereby determines and declares that it is necessary and expedient to provide
moneys for a current refunding of the City's General Obligation Improvement Bonds of
1995, dated July 1, 1995 (the "Prior Bonds ") which mature on and after December 1,
2002; and
B. WHEREAS, $480,000 of the principal amount of the Prior Bonds which
mature on and after December 1, 2002, are callable on December 1, 2001, at a price of
par plus accrued interest as provided in the Resolution of the City Council, adopted on
June 12, 1995, authorizing the issuance of the Prior Bonds (the "Prior Resolution "); and
C. WHEREAS, the refunding of the Prior Bonds maturing on and after
December 1, 2002 (the "Refunded Bonds "), is consistent with covenants made with the
holders thereof, and is necessary and desirable for the reduction of debt service cost to the
City; and
• D. WHEREAS, the City Council hereby determines and declares that it is
necessary and expedient to issue $490,000 General Obligation Refunding Bonds of 2001,
pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding
of the Refunded Bonds; and
E. WHEREAS, it is in the best interests of the City that the Bonds be issued
in book -entry form as hereinafter provided; and
F. WHEREAS, no other obligations have been sold pursuant to a private sale
within the last twelve (12) calendar months of the date hereof which when combined with
this issue would exceed the $1,200,000 limitations on negotiated sales as required by
Minnesota Statutes, Section 475.60, Subdivision 2(2).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak
Park Heights, Minnesota, as follows:
1. Acceptance of Offer. The offer of Juran & Moody, a division of Miller
Johnson Steichen Kinnard, Inc. (the "Purchaser "), to purchase $490,000 General
Obligation Refunding Bonds of 2001 of the City (the "Bonds" or the "Refunding Bonds ",
or individually a "Bond "), at the rates of interest hereinafter set forth, and to pay therefor
the sum of $482.650. plus interest accrued to settlement, is hereby accepted.
2. Terms of Bonds,.
(a) Title: Oriainal Issue Date; Denominations: Maturities: and Term Bond,
• Option The Bonds shall be titled "General Obligation Refunding Bonds of 2001 ", shall
be dated November 1, 2001, as the date of original issue and shall be issued forthwith on
or after such date in fully registered form. The Bonds shall be numbered from R -1
upward in the denomination of $5,000 each or in any integral multiple thereof of a single
maturity. The Bonds shall mature on December 1 in the years and amounts as follows:
Year Amount
2002 $130,000
2003 -2004 125,000
2005 110,000
All dates are inclusive. As may be requested by the Purchaser, one or more term
Bonds may be issued having mandatory sinking fund redemption and final maturity
amounts conforming to the foregoing principal repayment schedule, and corresponding
additions may be made to the provisions of the applicable Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited
purpose trust company organized under the laws of the State of New York or any of its
successors or its successors to its functions hereunder (the "Depository ") will act as
securities depository for the Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in
book entry form only (the 'Book Entry Only Period "), shall at all times be in the
form of a separate single fully registered Bond for each maturity of the Bonds;
and for purposes of complying with this requirement under paragraphs 5 and 10
Authorized Denominations for any Bond shall be deemed to be limited during the
Book Entry Only Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered
in a bond register maintained by the Bond Registrar (as hereinafter defined) in the
name of CEDE & CO., as the nominee (it or any nominee of the existing or a
successor Depository, the "Nominee ").
(iii) With respect to the Bonds neither the City nor the Bond Registrar
shall have any responsibility or obligation to any broker, dealer, bank, or any
other financial institution for which the Depository holds Bonds as securities
depository (the "Participant ") or the person for which a Participant holds an
interest in the Bonds shown on the books and records of the Participant (the
'Beneficial Owner "). Without limiting the immediately preceding sentence,
neither the City, nor the Bond Registrar, shall have any such responsibility or
obligation with respect to (A) the accuracy of the records of the Depository, the
Nominee or any Participant with respect to any ownership interest in the Bonds,
or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
• redemption, or (C) the payment to any Participant, any Beneficial Owner or any
other person, other than the Depository, of any amount with respect to the
principal of or premium, if any, or interest on the Bonds, or (D) the consent given
or other action taken by the Depository as the Registered Holder of any Bonds
(the "Holder "). For purposes of securing the vote or consent of any Holder under
this Resolution, the City may, however, rely upon an omnibus proxy under which
the Depository assigns its consenting or voting rights to certain Participants to
whose accounts the Bonds are credited on the record date identified in a listing
attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the
Depository to be the absolute owner of the Bonds for the purpose of payment of
the principal of and premium, if any, and interest on the Bonds, for the purpose of
giving notices of redemption and other matters with respect to the Bonds, for the
purpose of obtaining any consent or other action to be taken by Holders for the
purpose of registering transfers with respect to such Bonds, and for all purpose
whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all
principal of and premium, if any, and interest on the Bonds only to the Holder or
the Holders of the Bonds as shown on the bond register, and all such payments
shall be valid and effective to fully satisfy and discharge the City's obligations
with respect to the principal of and premium, if any, and interest on the Bonds to
the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written
notice to the effect that the Depository has determined to substitute a new
Nominee in place of the existing Nominee, and subject to the transfer provisions
in paragraph 10 hereof, references to the Nominee hereunder shall refer to such
new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all
payments with respect to the principal of and premium, if any, and interest on
such Bond and all notices with respect to such Bond shall be made and given,
respectively, by the Bond Registrar or City, as the case may be, to the Depository
as provided in the Letter of Representations to the Depository required by the
Depository as a condition to its acting as book -entry Depository for the Bonds
(said Letter of Representations, together with any replacement thereof or
amendment or substitute thereto, including any standard procedures or policies
referenced therein or applicable thereto respecting the procedures and other
matters relating to the Depository's role as book -entry Depository for the Bonds,
collectively hereinafter referred to as the "Letter of Representations ").
(vii) All transfers of beneficial ownership interests in each Bond issued
in book -entry form shall be limited in principal amount to Authorized
Denominations and shall be effected by procedures by the Depository with the
Participants for recording and transferring the ownership of beneficial interests in
such Bonds.
•
(viii) In connection with any notice or other communication to be
provided to the Holders pursuant to this Resolution by the City or Bond Registrar
with respect to any consent or other action to be taken by Holders, the Depository
shall consider the date of receipt of notice requesting such consent or other action
as the record date for such consent or other action; provided, that the City or the
Bond Registrar may establish a special record date for such consent or other
action. The City or the Bond Registrar shall, to the extent possible, give the
Depository notice of such special record date not less than 15 calendar days in
advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties
under this Resolution and any paying agency/bond registrar agreement, shall
agree to take any actions necessary from time to time to comply with the
requirements of the Letter of Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in
lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in
paragraph 5 hereof, make a notation of the reduction in principal amount on the
panel provided on the Bond stating the amount so redeemed.
(c) Termination of Book -Entry Onlv Svstem. Discontinuance of a particular
Depository's services and termination of the book -entry only system may be effected as
follows:
(i) The Depository may determine to discontinue providing its
services with respect to the Bonds at any time by giving written notice to the City
and discharging its responsibilities with respect thereto under applicable law. The
City may terminate the services of the Depository with respect to the Bond if it
determines that the Depository is no longer able to carry out its functions as
securities depository or the continuation of the system of book -entry transfers
through the Depository is not in the best interests of the City or the Beneficial
Owners.
(ii) Upon termination of the services of the Depository as provided in
the preceding paragraph, and if no substitute securities depository is willing to
undertake the functions of the Depository hereunder can be found which, in the
opinion of the City, is willing and able to assume such functions upon reasonable
or customary terms, or if the City determines that it is in the best interests of the
City or the Beneficial Owners of the Bond that the Beneficial Owners be able to
obtain certificates for the Bonds, the Bonds shall no longer be registered as being
registered in the bond register in the name of the Nominee, but may be registered
in whatever name or names the Holder of the Bonds shall designate at that time,
in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners
are designated as the transferee by the Holders, in accordance with paragraph 10
hereof, the Bonds will be delivered to the Beneficial Owners.
Nothing in this subparagraph (c) shall limit or restrict the
provisions of paragraph 10 hereof.
(d) Letter of Representations,. The provisions in the Letter of Representations
are incorporated herein by reference and made a part of the resolution, and if and to the
extent any such provisions are inconsistent with the other provisions of this resolution,
the provisions in the Letter of Representations shall control.
3. Pumose. Refunding Findings. The Bonds shall provide funds for a current
refunding of the Refunded Bonds (the "Refunding "). It is hereby found, determined and
declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall
result in a reduction of debt service cost to the City.
4. Interest The Bonds shall bear interest payable semiannually on June 1
and December 1 of each year (each, an "Interest Payment Date "), commencing June 1,
2002, calculated on the basis of a 360 -day year of twelve 30 -day months, at the
respective rates per annum set forth opposite the maturity years as follows:
Maturity Interest Maturity Y Interest
Year
Rate Year Rate
2002 2.50% 2004 3.00%
2003 2.75 2005 3.25
S 5. No Redemption. The Bonds shall not be subject to redemption and
prepayment prior to their stated maturity dates.
6. Bond Registrar. U.S. Bank Trust National Association in St. Paul,
Minnesota, is appointed to act as bond registrar and transfer agent with respect to the
Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar
is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute
which is consistent herewith. The Bond Registrar shall also serve as paying agent unless
and until a successor paying agent is duly appointed. Principal and interest on the Bonds
shall be paid to the registered holders (or record holders) of the Bonds in the manner set
forth in the form of Bond and paragraph 12 of this resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate
of Authentication, the form of Assignment and the registration information thereon, shall
be in substantially the following form:
•
UNITED STATES OF AMERICA
. STATE OF MINNESOTA
WASHINGTON COUNTY
CITY OF OAK PARK HEIGHTS
R- $
GENERAL OBLIGATION REFUNDING BOND OF 2001
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
December 1, November 1, 2001
REGISTERED OWNER:
PRINCIPAL AMOUNT
The City of Oak Park Heights, Washington County, Minnesota (the "Issuer "),
certifies that it is indebted and for value received promises to pay to the registered owner
specified above, or registered assigns, in the manner hereinafter set forth, the principal
amount specified above, on the maturity date specified above, without option of prior
redemption, and to pay interest thereon semiannually on June I and December I of each
year (each, an "Interest Payment Date "), commencing June 1, 2002, at the rate per annum
specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until
the principal sum is paid or has been provided for. This Bond will bear interest from the
most recent Interest Payment Date to which interest has been paid or, if no interest has
been paid, from the date of original issue hereof. The principal of and premium, if any,
on this Bond are payable upon presentation and surrender hereof at the principal office of
U.S. Bank Trust National Association in St. Paul, Minnesota (the 'Bond Registrar "),
acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed
to the person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on
the registration books of the Issuer maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth day of the calendar month next
preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so
timely paid shall cease to be payable to the person who is the Holder hereof as of the
Regular Record Date, and shall be payable to the person who is the Holder hereof at the
close of business on a date (the "Special Record Date ") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest. Notice of the
Special Record Date shall be given to Bondholders not less than ten days prior to the
Special Record Date. The principal of and premium, if any, and interest on this Bond are
payable in lawful money of the United States of America.
So long as this Bond is registered in the name of the Depository or its Nominee as
provided in the Resolution hereinafter described, and as those terms are defined therein,
payment of principal of, premium, if any, and interest on this Bond and notice with
respect thereto shall be made as provided in Letter of Representations, as defined in the
Resolution, and surrender of this Bond shall not be required for payment of the
redemption price upon a partial redemption of this Bond. Until termination of the book -
entry only system pursuant to the Resolution, Bonds may only be registered in the name
of the Depository or its Nominee.
No Redemption. The Bonds of this issue (the "Bonds ") are not subject to
redemption and prepayment prior to their stated maturity dates.
Issuance; Pumose; General Obligation. This Bond is one of an issue in the total
principal amount of $490,000, all of like date of original issue and tenor, except as to
number, maturity, interest rate and denomination, been issued pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota and pursuant to a
resolution adopted by the City Council on November 13, 2001 (the "Resolution "), for the
purpose of providing funds for a current refunding of the Issuer's General Obligation
Improvement Bonds of 1995, dated July 1, 1995, which mature on and after December 1,
2002. This Bond is payable out of the Debt Service Account of the Issuer's General
Obligation Refunding Bonds of 2001 Fund. This Bond constitutes a general obligation of
the Issuer, and to provide moneys for the prompt and full payment of its principal,
premium, if any, and interest when the same become due, the full faith and credit and
taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully
• registered form in the denominations of $5,000 and integral multiples thereof of a single
maturity and are exchangeable for fully registered Bonds of other authorized
denominations in equal aggregate principal amounts at the principal office of the Bond
Registrar, but only in the manner and subject to the limitations provided in the
Resolution. Reference is hereby made to the Resolution for a description of the rights
and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's
attorney duly authorized in writing at the principal office of the Bond Registrar upon
presentation and surrender hereof to the Bond Registrar, all subject to the terms and
conditions provided in the Resolution and to reasonable regulations of the Issuer
contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute
and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or
more new fully registered Bonds in the name of the transferee (but not registered in blank
or to "bearer" or similar designation), of an authorized denomination or denominations, in
aggregate principal amount equal to the principal amount of this Bond, of the same
maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the
transfer or exchange of this Bond and any legal or unusual costs regarding transfers and
lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the
person in whose name this Bond is registered as the owner hereof for the purpose of
receiving payment as herein provided (except as otherwise provided herein with respect
to the Record Date) and for all other purposes, whether or not this Bond shall be overdue,
and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any
purpose or be entitled to any security unless the Certificate of Authentication hereon shall
have been executed by the Bond Registrar.
Oualified Tax- Exembt Obligation. This Bond has been designated by the Issuer
as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and
to be performed, precedent to and in the issuance of this Bond, have been done, have
happened and have been performed, in regular and due form, time and manner as
required by law, and that this Bond, together with all other debts of the Issuer outstanding
on the date of original issue hereof and the date of its issuance and delivery to the original
purchaser, does not exceed any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Oak Park Heights, Washington County,
Minnesota, by its City Council has caused this Bond to be executed on its behalf by the
facsimile signatures of its Mayor and its City Administrator.
Date of Registration: Registrable by: U.S. BANK TRUST NATIONAL
ASSOCIATION
Payable at: U.S. BANK TRUST NATIONAL
ASSOCIATION
BOND REGISTRAR'S
CERTIFICATE OF CITY OF OAK PARK HEIGHTS
AUTHENTICATION WASHINGTON COUNTY,
MINNESOTA
This Bond is one of the Bonds
described in the Resolution /s/ Facsimile
mentioned within. Mayor
U.S. BANK TRUST NATIONAL /s/ Facsimile
ASSOCIATION Administrator
St. Paul, Minnesota
Bond Registrar
By
Authorized Signature
•
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this
Bond, shall be construed as though they were written out in full according to applicable
laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and does hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration thereof, with full
power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment
must correspond with the name as it
appears upon the face of the within Bond in
every particular, without alteration or any
change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage
firm having a membership in one of the major stock exchanges or any other "Eligible
Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
8. Execution; Temnorary Bonds. The Bonds shall be printed (or, at the
request of the Purchaser, typewritten) shall be executed on behalf of the City by the
signatures of its Mayor and Administrator and be sealed with the seal of the City;
provided, however, that the seal of the City may be a printed (or, at the request of the
Purchaser, photocopied) facsimile; and provided further that both of such signatures may
be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate
seal may be omitted on the Bonds as permitted by law. In the event of disability or
resignation or other absence of either officer, the Bonds may be signed by the manual or
facsimile signature of an officer who may act on behalf of the absent or disabled officer.
In case either officer whose signature or facsimile of whose signature shall appear on the
Bonds shall cease to be such officer before the delivery of the Bonds, the signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the
officer had remained in office until delivery. The City may elect to deliver, in lieu of
printed definitive bonds, one or more typewritten temporary bonds in substantially the
form set forth above, with such changes as may be necessary to reflect more than one
maturity in a single temporary bond. The temporary bonds may be executed with
photocopied facsimile signatures of the Mayor and Administrator. Such temporary bonds
shall, upon the printing of the definitive bonds and the execution thereof, be exchanged
therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or
be entitled to any security or benefit under this resolution unless a Certificate of
Authentication on the Bond, substantially in the form hereinabove set forth, shall have
been duly executed by an authorized representative of the Bond Registrar. Certificates of
Authentication on different Bonds need not be signed by the same person. The Bond
Registrar shall authenticate the signatures of officers of the City on each Bond by
execution of the Certificate of Authentication on the Bond and, by inserting as the date of
registration in the space provided, the date on which the Bond is authenticated, except
that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar
shall insert as a date of registration the date of original issue, which date is November 1,
2001. The Certificate of Authentication so executed on each Bond shall be conclusive
evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the
principal office of the Bond Registrar a bond register in which, subject to such reasonable
regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the
registration of Bonds and the registration of transfers of Bonds entitled to be registered or
transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond
Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate,
insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of
the designated transferee or transferees, one or more new Bonds of any authorized
denomination or denominations of a like aggregate principal amount, having the same
stated maturity and interest rate, as requested by the transferor; provided, however, that
no Bond may be registered in blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any
authorized denomination or denominations of a like aggregate principal amount and
stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the
Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall
execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration of, and deliver the Bonds which the Holder making the exchange is entitled
to receive.
All Bonds surrendered upon any exchange or transfer provided for in this
resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of
as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid
general obligations of the City evidencing the same debt, and entitled to the same benefits
under this resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly
endorsed or be accompanied by a written instrument of transfer, in form satisfactory to
the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly
authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or
other governmental charge payable in connection with the transfer or exchange of any
Bond and any legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in
any agreement with the Bond Registrar, including regulations which permit the Bond
Registrar to close its transfer books between record dates and payment dates.
11. Rights Unon Transfer or Exchanize. Each Bond delivered upon transfer of
or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued
and unpaid, and to accrue, which were carried by such other Bond.
12. Interest Pavment; Record Date. Interest on any Bond shall be paid on
each Interest Payment Date by check or draft mailed to the person in whose name the
Bond is registered (the "Holder ") on the registration books of the City maintained by the
Bond Registrar and at the address appearing thereon at the close of business on the
fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the
"Regular Record Date "). Any such interest not so timely paid shall cease to be payable to
the person who is the Holder thereof as of the Regular Record Date, and shall be payable
to the person who is the Holder thereof at the close of business on a date (the "Special
Record Date ") fixed by the Bond Registrar whenever money becomes available for
payment of the defaulted interest. Notice of the Special Record Date shall be given by
the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record
Date.
13. Treatment of Reizistered Owner. The City and Bond Registrar may treat
the person in whose name any Bond is registered as the owner of such Bond for the
purpose of receiving payment of principal of and premium, if any, and interest (subject to
the payment provisions in paragraph 12 above) on, such Bond and for all other purposes
whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond
Registrar shall be affected by notice to the contrary.
14. Deliverv; Application of Proceeds. The Bonds when so prepared and
executed shall be delivered by the Administrator to the Purchaser upon receipt of the
purchase price, and the Purchaser shall not be obliged to see to the proper application
thereof.
15. Fund and Accounts. For the convenience and proper administration of the
moneys to be borrowed and repaid on the Bonds, and to make adequate and specific
security to the Purchaser and holders from time to time of the Bonds, there is hereby
created a special fund to be designated the "General Obligation Refunding Bonds of 2001
Fund" (the "Fund ") to be administered and maintained by the Administrator as a
bookkeeping account separate and apart from all other funds maintained in the official
financial records of the City. The Fund shall be maintained in the manner herein
specified until all of the Bonds herein authorized and the interest thereon shall have been
fully paid. There shall be maintained and created in the fund the "Payment Account" and
a "Debt Service Account ".
(i) Payment Account. The proceeds of the Bonds, less accrued
interest shall be deposited in the Payment Account. On or prior to December 1,
• 2001, the Administrator shall transfer $480,000 of the proceeds of the Bonds from
the Payment Account to the paying agent for the Refunded Bonds, which sum is
sufficient, together with other funds on deposit in debt service fund for the
Refunded Bonds, to pay the principal and interest due on the Refunded Bonds due
on December 1, 2002, including the principal of the Refunded Bonds called for
redemption on that date. The remainder of the monies in the Payment Account
shall be used to pay the costs of issuance of the Bonds. Any monies remaining in
the Payment Account after payment of all costs of issuance and payment of the
Refunded Bonds shall be transferred to the Debt Service Account.
(ii) Debt Service Account. To the Debt Service Account there is
hereby pledged and irrevocable appropriated and there shall be credited: (1)
accrued interest; (2) any balance remaining on December 2, 2001, in the Prior
Bonds Debt Service Account created by the Prior Resolution; (3) any uncollected
special assessments which were heretofore pledged for the payment of the
Refunded Bonds and are herein pledged to the payment of the Bonds; (4) all
investment earnings on funds in the Debt Service Account; (5) any taxes herein or
hereafter levied for the payment of the Bonds; (6) any and all other moneys which
are properly available and are appropriated by the governing body of the City to
the Debt Service Account. The amount of any surplus remaining in the Debt
Service Account when the Bonds and interest thereon are paid shall be used
consistent with Minnesota Statutes, Section 475.61, Subdivision 4.
The moneys in the Debt Service Account shall be used solely to pay the principal of and
interest on the Bonds or any other bonds hereafter issued and made payable from the
Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to
acquire higher yielding investments or to replace funds which were used directly or
indirectly to acquire higher yielding investments, except (1) for a reasonable temporary
period until such proceeds are needed for the purpose for which the Bonds were issued,
and (2) in addition to the above, in an amount not greater than the lesser of five percent
(5 %) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds
and any sums from time to time held in the Fund (or any other City account which will be
used to pay principal and interest to become due on the Bonds) in excess of amounts
which under the applicable federal arbitrage regulations may be invested without regard
as to yield shall not be invested in excess of the applicable yield restrictions imposed by
the arbitrage regulations on such investments after taking into account any applicable
"temporary periods" or "minor portion" made available under the federal arbitrage
regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be
invested in obligations or deposits issued by, guaranteed by or insured by the United
States or any agency or instrumentality thereof if and to the extent that such investment
would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b)
of the Internal Revenue Code of 1986, as amended (the "Code ").
16. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions
for the security thereof shall be observed by the City and all of its officers and agents.
. 17. Special Assessments. The City has heretofore levied special assessments
pursuant to the Prior Resolution, which have been pledged to the payment of the principal
and interest on the Prior Bonds. All uncollected special assessments are now pledged to
the payment of principal of and interest on the Bonds. The special assessments are such
that if collected in full they, together with estimated collections of taxes herein pledged
for the payment of the Bonds, will produce at least five percent (5 %) in excess of the
amount needed to meet when due the principal and interest payments on the Bonds.
18. Tax Levy. Coverage Test. Cancellation of Certain Tax Levies. To provide
moneys for payment of the principal and interest on the Bonds there is hereby levied
upon all of the taxable property in the City a direct annual ad valorem tax which shall be
spread upon the tax rolls and collected with and as part of other general property taxes in
the City for the years and in the amounts:
Year of Year of Tax
Tax Levy Collection Amount
2002 2003 $62,000
2003 2004 62,000
2004 2005 62,000
The tax levies are such that if collected in full they, together with estimated collections of
special assessments and other revenues herein pledged for the payment of the Bonds, will
produce at least five percent (5 %) in excess of the amount needed to meet when due the
principal and interest payments on the Bonds. The tax levies shall be irrepealable so long
as any of the Bonds are outstanding and unpaid, provided that the City reserves the right
and power to reduce the levies in the manner and to the extent permitted by Minnesota
Statutes, Section 475.61, Subdivision 3.
Upon payment of the Prior Bonds, the uncollected taxes pledged in the Prior Resolution
authorizing the issuance of the Prior Bonds, shall be canceled.
19. General Obligation Pledee. For the prompt and full payment of the
principal and interest on the Bonds, as the same respectively become due, the full faith,
credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the
balance in the Debt Service Account is ever insufficient to pay all principal and interest
then due on the Bonds and any other bonds payable therefrom, the deficiency shall be
promptly paid out of any other funds of the City which are available for such purpose,
and such other funds may be reimbursed with or without interest from the Debt Service
Account when a sufficient balance is available therein.
20. Redemption of Prior Bonds. The Prior Bonds which mature on and after
December 1, 2002, shall be redeemed and prepaid on December 1, 2001, in accordance
with the terms and conditions set forth in the Notice of Call for Redemption attached
hereto as Exhibit A, which terms and conditions are hereby approved and incorporated
herein by reference.
• 21. Certificate of Resistration. The Administrator is hereby directed to file a
certified copy of this resolution with the County Auditor of Washington County,
Minnesota, together with such other information as the County Auditor shall require, and
to obtain the County Auditor's Certificate that the Bonds have been entered in the County
Auditor's Bond Register and that the tax levy required by law has been made.
22. Records and Certificates. The officers of the City are hereby authorized
and directed to prepare and furnish to the Purchaser, and to the attorneys approving the
legality of the issuance of the Bonds, certified copies of all proceedings and records of
the City relating to the Bonds and to the financial condition and affairs of the City, and
such other affidavits, certificates and information as are required to show the facts
relating to the legality and marketability of the Bonds as the same appear from the books
and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates and affidavits, including any heretofore furnished, shall be
deemed representations of the City as to the facts recited therein.
23. Negative Covenant as to Use of Bond Proceeds and Proiect. The City
hereby covenants not to use the proceeds of the Bonds or to use the improvements
financed by the Prior Bonds (the "Project "), or to cause or permit them to be used, or to
enter into any deferred payment arrangements for the cost of the Project, in such a
manner as to cause the Bonds to be "private activity bonds" within the meaning of
Sections 103 and 141 through 150 of the Code.
•
• 24. Tax - Exempt Status of the Bonds; Rebate. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from
gross income under Section 103 of the Code of the interest on the Bonds, including
without limitation (1) requirements relating to temporary periods for investments, (2)
limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the
rebate of excess investment earnings to the United States if the Bonds (together with
other obligations reasonably expected to be issued and outstanding at one time in this
calendar year) exceed the small- issuer exception amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate
requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby
finds, determines and declares that (1) the Bonds are issued by a governmental unit with
general taxing powers, (2) no Bond is a private activity bond, (3) ninety -five percent
(95 %) or more of the net proceeds of the Bonds are to be used for local governmental
activities of the City (or of a governmental unit the jurisdiction of which is entirely within
the jurisdiction of the City), and (4) the aggregate face amount of all tax - exempt bonds
(other than private activity bonds) issued by the City (and all subordinate entities thereof,
and all entities treated as one issuer with the City) during the calendar year in which the
Bonds are issued and outstanding at one time is not reasonably expected to exceed
$5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code.
Furthermore:
(i) there shall not be taken into account for purposes of said
$5,000,000 limit any bond issued to refund (other than to advance refund) any
bond to the extent the amount of the refunding bond does not exceed the
outstanding amount of the refunded bond;
(ii) the aggregate face amount of the Bonds does not exceed
$5,000,000;
(iii) each of the Refunded Bonds was issued as part of an issue which
was treated as meeting the rebate requirements by reason of the exception for
governmental units issuing $5,000,000 or less of bonds;
(iv) the average maturity of the Bonds does not exceed the average
maturity of the Refunded Bonds; and
(v) no part of the Bonds has a maturity date which is later than the date
which is thirty (30) years after the dates the Refunded Bonds were issued.
25. Desiianation of Oualified Tax - Exempt Obli -aations; Issuance Limit. In
order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of
Section 265(b)(3) of the Code, the City hereby makes the following factual statements
and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section
141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax- exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax - exempt obligations (other
than private activity bonds, treating qualified 501(c)(3) bonds as not being private
activity bonds) which will be issued by the City (and all entities treated as one
issuer with the City, and all subordinate entities whose obligations are treated as
issued by the City) during this calendar year 2001 will not exceed $10,000,000;
(e) not more than $10,000,000 of obligations issued by the City during
this calendar year 2001 have been designated for purposes of Section 265(b)(3) of
the Code;
(f) the aggregate face amount of the Bonds does not exceed
$10,000,000; and
(g) the Bonds are issued to refund, and not to "advance refund" the
Prior Bonds within the meaning of Section 149(d)(5) of the Code, and shall not be
taken into account under the $10,000,000 issuance limit to the extent the Bonds
do not exceed the outstanding amount of the Prior Bonds.
• The City shall use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designation made by this paragraph.
26. Defeasance. When all Bonds have been discharged as provided in this
paragraph, all pledges, covenants and other rights granted by this resolution to the
registered holders of the Bonds shall, to the extent permitted by law, cease. The City
may discharge its obligations with respect to any Bonds which are due on any date by
irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for
the payment thereof in full; or if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the
payment thereof in full with interest accrued to the date of such deposit. The City may
also at any time discharge its obligations with respect to any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a suitable banking institution qualified by law as an escrow
agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such rates and maturing on
such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to
become due thereon to maturity or, if notice of redemption as herein required has been
duly provided for, to such earlier redemption date.
27. Supplemental Resolution. The Prior Resolution authorizing the issuance
of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the
provisions hereof.
28. Severabilitv. If any section, paragraph or provision of this Resolution
shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this Resolution.
29. Headings. Headings in this Resolution are included for convenience of
reference only and are not a part hereof, and shall not limit or define the meaning of any
provision hereof.
Passed by the City Council of Oak Park Heights this 13 day of November, 2001
David Beaudet, Mayor
ATTEST:
Kimberly Kamper, Acting City Administrator
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA
HELD: November 13, 2001
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Oak Park Heights, Washington County, Minnesota, was duly held at the City Hall on
November 13, 2001 at 7:00 p.m., for the purpose, in part, of authorizing the issuance and
awarding the sale of $490,000 General Obligation Refunding Bonds of 2001.
The following members were present: Mayor Beaudet and Council members Byrnes,
McComber and Swenson
and the following were absent: Council member Doerr
Councilmember Swenson introduced the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$490,000 GENERAL OBLIGATION REFUNDING BONDS OF 2001
AND PLEDGING FOR THE SECURITY THEREOF
SPECIAL ASSESSMENTS AND AD VALOREM TAXES
A. WHEREAS, the City Council of the City of Oak Park Heights, Minnesota (the
"City ") hereby determines and declares that it is necessary and expedient to provide moneys for a
current refunding of the City's General Obligation Improvement Bonds of 1995, dated July 1,
1995 (the "Prior Bonds ") which mature on and after December 1, 2002; and
B. WHEREAS, $480,000 of the principal amount of the Prior Bonds which mature
on and after December 1, 2002, are callable on December 1, 2001, at a price of par plus accrued
interest as provided in the Resolution of the City Council, adopted on June 12, 1995, authorizing
the issuance of the Prior Bonds (the "Prior Resolution "); and
C. WHEREAS, the refunding of the Prior Bonds maturing on and after December 1,
2002 (the "Refunded Bonds "), is consistent with covenants made with the holders thereof, and is
necessary and desirable for the reduction of debt service cost to the City; and
D. WHEREAS, the City Council hereby determines and declares that it is necessary
and expedient to issue $490,000 General Obligation Refunding Bonds of 2001, pursuant to
Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the Refunded
Bonds; and
E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book -
entry form as hereinafter provided; and
F. WHEREAS, no other obligations have been sold pursuant to a private sale within
the last twelve (12) calendar months of the date hereof which when combined with this issue
•
1345842v1
would exceed the $1,200,000 limitations on negotiated sales as required by Minnesota Statutes,
Section 475.60, Subdivision 2(2).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park
Heights, Minnesota, as follows:
1. Acceptance of Offer. The offer of Juran & Moody, a division of Miller Johnson
Steichen Kinnard, Inc. (the "Purchaser "), to purchase $490,000 General Obligation Refunding
Bonds of 2001 of the City (the 'Bonds" or the "Refunding Bonds ", or individually a 'Bond "), at
the rates of interest hereinafter set forth, and to pay therefor the sum of $482,650, plus interest
accrued to settlement, is hereby accepted.
2. Terms of Bonds.
(a) Title; Original Issue Date; Denominations; Maturities; and Term Bond Option.
The Bonds shall be titled "General Obligation Refunding Bonds of 2001 ", shall be dated
November 1, 2001, as the date of original issue and shall be issued forthwith on or after such
date in fully registered form. The Bonds shall be numbered from R -1 upward in the
denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds
shall mature on December 1 in the years and amounts as follows:
Year Amount
• 2002 $130,000
2003 -2004 125,000
2005 110,000
All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds
may be issued having mandatory sinking fund redemption and final maturity amounts
conforming to the foregoing principal repayment schedule, and corresponding additions may be
made to the provisions of the applicable Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the 'Book Entry Only Period "), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee ").
1345842v1 2
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant ") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner "). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to
be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
• consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and
all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10 hereof,
references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book -entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book -entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations ").
1345842v1 3
(vii) All transfers of beneficial ownership interests in each Bond issued in
book -entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5
hereof, make a notation of the reduction in principal amount on the panel provided on the
Bond stating the amount so redeemed.
• (c) Termination of Book -Entry Only System. Discontinuance of a particular
Depository's services and termination of the book -entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation of the
system of book -entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 11 hereof. To the extent that
the Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners.
i
1345842v1 4
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10 hereof.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose; Refunding Findings. The Bonds shall provide funds for a current
refunding of the Refunded Bonds (the "Refunding "). It is hereby found, determined and declared
that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a
reduction of debt service cost to the City.
4. Interest. The Bonds shall bear interest payable semiannually on June 1 and
December 1 of each year (each, an "Interest Payment Date "), commencing June 1, 2002,
calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Interest Maturity Interest
Year Rate Year
Rate
2002 2.50% 2004 3.00%
2003 2.75 2005 3.25
• 5. No Redemption. The Bonds shall not be subject to redemption and prepayment
prior to their stated maturity dates.
6. Bond Registrar. U.S. Bank Trust National Association in St. Paul, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this
resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
•
1345842v1 5
UNITED STATES OF AMERICA
STATE OF MINNESOTA
WASHINGTON COUNTY
CITY OF OAK PARK HEIGHTS
R- $
GENERAL OBLIGATION REFUNDING BOND OF 2001
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE, CUSIP
December 1, November 1, 2001
REGISTERED OWNER:
PRINCIPAL AMOUNT
The City of Oak Park Heights, Washington County, Minnesota (the "Issuer "), certifies
that it is indebted and for value received promises to pay to the registered owner specified above,
or registered assigns, in the manner hereinafter set forth, the principal amount specified above,
on the maturity date specified above, without option of prior redemption, and to pay interest
thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "),
commencing June 1, 2002, at the rate per annum specified above (calculated on the basis of a
360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for.
This Bond will bear interest from the most recent Interest Payment Date to which interest has
been paid or, if no interest has been paid, from the date of original issue hereof. The principal of
and premium, if any, on this Bond are payable upon presentation and surrender hereof at the
principal office of U.S. Bank Trust National Association in St. Paul, Minnesota (the 'Bond
Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the
person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration
books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth day of the calendar month next preceding such Interest
Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be
payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of
the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America.
So long as this Bond is registered in the name of the Depository or its Nominee as
provided in the Resolution hereinafter described, and as those terms are defined therein, payment
of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be
made as provided in Letter of Representations, as defined in the Resolution, and surrender of this
• Bond shall not be required for payment of the redemption price upon a partial redemption of this
13458420 6
Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may
only be registered in the name of the Depository or its Nominee.
No Redemption. The Bonds of this issue (the "Bonds ") are not subject to redemption and
prepayment prior to their stated maturity dates.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal
amount of $490,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate and denomination, been issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City
Council on November 13, 2001 (the "Resolution "), for the purpose of providing funds for a
current refunding of the Issuer's General Obligation Improvement Bonds of 1995, dated July 1,
1995, which mature on and after December 1, 2002. This Bond is payable out of the Debt
Service Account of the Issuer's General Obligation Refunding Bonds of 2001 Fund. This Bond
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in the denominations of $5,000 and integral multiples thereof of a single maturity and are
exchangeable for fully registered Bonds of other authorized denominations in equal aggregate
principal amounts at the principal office of the Bond Registrar, but only in the manner and
subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution
for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on
file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an authorized
denomination or denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
1345842v1 7
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax- Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof
and the date of its issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Oak Park Heights, Washington County,
Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile
signatures of its Mayor and its City Administrator.
Date of Registration: Registrable by: U.S. BANK TRUST NATIONAL
ASSOCIATION
Payable at: U.S. BANK TRUST NATIONAL
ASSOCIATION
BOND REGISTRAR'S
CERTIFICATE OF CITY OF OAK PARK HEIGHTS
AUTHENTICATION WASHINGTON COUNTY,
MINNESOTA
This Bond is one of the Bonds
described in the Resolution /s/ Facsimile
mentioned within. Mayor
U.S. BANK TRUST NATIONAL /s/ Facsimile
ASSOCIATION Administrator
St. Paul, Minnesota
Bond Registrar
By
Authorized Signature
1345842v1 8
J
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the , Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the
within Bond and does hereby irrevocably constitute and appoint attorney to transfer
the Bond on the books kept for the registration thereof, with full power of substitution in the
premises.
Dated:
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the
face of the within Bond in every particular, without
Signature Guaranteed: alteration or any change whatever.
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information concerning the
transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
1345842v1 9
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) shall be executed on behalf of the City by the signatures of its Mayor
and Administrator and be sealed with the seal of the City; provided, however, that the seal of the
City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided
further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either officer, the Bonds may be
signed by the manual or facsimile signature of an officer who may act on behalf of the absent or
disabled officer. In case either officer whose signature or facsimile of whose signature shall
appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature
or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer
had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive
bonds, one or more typewritten temporary bonds in substantially the form set forth above, with
such changes as may be necessary to reflect more than one maturity in a single temporary bond.
The temporary bonds may be executed with photocopied facsimile signatures of the Mayor and
Administrator. Such temporary bonds shall, upon the printing of the definitive bonds and the
execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and, by inserting as the date of registration in the space provided, the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is November 1, 2001. The Certificate of Authentication so executed on each Bond
shall be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any authorized denomination or denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any authorized
denomination or denominations of a like aggregate principal amount and stated maturity, upon
1345842v1 10
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or his, her or its attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates.
• 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth (15th) day of the
calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any
such interest not so timely paid shall cease to be payable to the person who is the Holder thereof
as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at
the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest. Notice of the Special
Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior
to the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether
or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected
by notice to the contrary.
•
1345842v1 1 1
14. Delivery; Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and
the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. For the convenience and proper administration of the
moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to
the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund
to be designated the "General Obligation Refunding Bonds of 2001 Fund" (the "Fund ") to be
administered and maintained by the Administrator as a bookkeeping account separate and apart
from all other funds maintained in the official financial records of the City. The Fund shall be
maintained in the manner herein specified until all of the Bonds herein authorized and the
interest thereon shall have been fully paid. There shall be maintained and created in the fund the
"Payment Account" and a "Debt Service Account ".
(i) Payment Account. The proceeds of the Bonds, less accrued interest shall
be deposited in the Payment Account. On or prior to December 1, 2001, the
Administrator shall transfer $480,000 of the proceeds of the Bonds from the Payment
Account to the paying agent for the Refunded Bonds, which sum is sufficient, together
with other funds on deposit in debt service fund for the Refunded Bonds, to pay the
principal and interest due on the Refunded Bonds due on December 1, 2002, including
the principal of the Refunded Bonds called for redemption on that date. The remainder of
the monies in the Payment Account shall be used to pay the costs of issuance of the
Bonds. Any monies remaining in the Payment Account after payment of all costs of
• issuance and payment of the Refunded Bonds shall be transferred to the Debt Service
Account.
(ii) Debt Service Account. To the Debt Service Account there is hereby
pledged and irrevocable appropriated and there shall be credited: (1) accrued interest; (2)
any balance remaining on December 2, 2001, in the Prior Bonds Debt Service Account
created by the Prior Resolution; (3) any uncollected special assessments which were
heretofore pledged for the payment of the Refunded Bonds and are herein pledged to the
payment of the Bonds; (4) all investment earnings on funds in the Debt Service Account;
(5) any taxes herein or hereafter levied for the payment of the Bonds; (6) any and all
other moneys which are properly available and are appropriated by the governing body of
the City to the Debt Service Account. The amount of any surplus remaining in the Debt
Service Account when the Bonds and interest thereon are paid shall be used consistent
with Minnesota Statutes, Section 475.6 1, Subdivision 4.
The moneys in the Debt Service Account shall be used solely to pay the principal of and interest
on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion
of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding
investments or to replace funds which were used directly or indirectly to acquire higher yielding
investments, except (1) for a reasonable temporary period until such proceeds are needed for the
purpose for which the Bonds were issued, and (2) in addition to the above, in an amount not
greater than the lesser of five percent (5 %) of the proceeds of the Bonds or $100,000. To this
effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other
City account which will be used to pay principal and interest to become due on the Bonds) in
1345842v1 12
excess of amounts which under the applicable federal arbitrage regulations may be invested
without regard as to yield shall not be invested in excess of the applicable yield restrictions
imposed by the arbitrage regulations on such investments after taking into account any
applicable "temporary periods" or "minor portion" made available under the federal arbitrage
regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested
in obligations or deposits issued by, guaranteed by or insured by the United States or any agency
or instrumentality thereof if and to the extent that such investment would cause the Bonds to be
"federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of
1986, as amended (the "Code ").
16. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions for the
security thereof shall be observed by the City and all of its officers and agents.
17. Special Assessments. The City has heretofore levied special assessments
pursuant to the Prior Resolution, which have been pledged to the payment of the principal and
interest on the Prior Bonds. All uncollected special assessments are now pledged to the payment
of principal of and interest on the Bonds. The special assessments are such that if collected in
full they, together with estimated collections of taxes herein pledged for the payment of the
Bonds, will produce at least five percent (5 %) in excess of the amount needed to meet when due
the principal and interest payments on the Bonds.
18. Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide
moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of
the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax
rolls and collected with and as part of other general property taxes in the City for the years and in
the amounts:
Year of Year of Tax
Tax Levy Collection Amount
2002 2003 $62,000
2003 2004 62,000
2004 2005 62,000
The tax levies are such that if collected in full they, together with estimated collections of special
assessments and other revenues herein pledged for the payment of the Bonds, will produce at
least five percent (5 %) in excess of the amount needed to meet when due the principal and
interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds
are outstanding and unpaid, provided that the City reserves the right and power to reduce the
levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61,
Subdivision 3.
Upon payment of the Prior Bonds, the uncollected taxes pledged in the Prior Resolution
authorizing the issuance of the Prior Bonds, shall be canceled.
19. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
1345842v1 13
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
20. Redemption of Prior Bonds. The Prior Bonds which mature on and after
December 1, 2002, shall be redeemed and prepaid on December 1, 2001, in accordance with the
terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit A,
which terms and conditions are hereby approved and incorporated herein by reference.
21. Certificate of Registration. The Administrator is hereby directed to file a certified
copy of this resolution with the County Auditor of Washington County, Minnesota, together with
such other information as the County Auditor shall require, and to obtain the County Auditor's
Certificate that the Bonds have been entered in the County Auditor's Bond Register and that the
tax levy required by law has been made.
22. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
• heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
23. Negative Covenant as to Use of Bond Proceeds and Project,. The City hereby
covenants not to use the proceeds of the Bonds or to use the improvements financed by the Prior
Bonds (the "Project "), or to cause or permit them to be used, or to enter into any deferred
payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be
"private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
24. Tax- Exempt Status of the Bonds; Rebate. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
(1) requirements relating to temporary periods for investments, (2) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment
earnings to the United States if the Bonds (together with other obligations reasonably expected to
be issued and outstanding at one time in this calendar year) exceed the small- issuer exception
amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate requirements
for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and
declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no
Bond is a private activity bond, (3) ninety -five percent (95 %) or more of the net proceeds of the
Bonds are to be used for local governmental activities of the City (or of a governmental unit the
jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face
amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all
1345842v1 14
• subordinate entities thereof, and all entities treated as one issuer with the City) during the
calendar year in which the Bonds are issued and outstanding at one time is not reasonably
expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code.
Furthermore:
(i) there shall not be taken into account for purposes of said $5,000,000 limit
any bond issued to refund (other than to advance refund) any bond to the extent the
amount of the refunding bond does not exceed the outstanding amount of the refunded
bond;
(ii) the aggregate face amount of the Bonds does not exceed $5,000,000;
(iii) each of the Refunded Bonds was issued as part of an issue which was
treated as meeting the rebate requirements by reason of the exception for governmental
units issuing $5,000,000 or less of bonds;
(iv) the average maturity of the Bonds does not exceed the average maturity of
the Refunded Bonds; and
(v) no part of the Bonds has a maturity date which is later than the date which
is thirty (30) years after the dates the Refunded Bonds were issued.
• 25. Designation of Qualified Tax -Exemm Obligations; Issuance Limit. In order to
qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3)
of the Code, the City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(c) the City hereby designates the Bonds as "qualified tax- exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax- exempt obligations (other than
private activity bonds, treating qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the City (and all entities treated as one issuer with the
City, and all subordinate entities whose obligations are treated as issued by the City)
during this calendar year 2001 will not exceed $10,000,000;
(e) not more than $10,000,000 of obligations issued by the City during this
calendar year 2001 have been designated for purposes of Section 265(b)(3) of the Code;
(f) the aggregate face amount of the Bonds does not exceed $10,000,000; and
(g) the Bonds are issued to refund, and not to "advance refund" the Prior
Bonds within the meaning of Section 149(d)(5) of the Code, and shall not be taken into
1345842v1 15
account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the
outstanding amount of the Prior Bonds.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
26. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a suitable banking institution qualified by law as an
escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such rates and maturing on such
dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due
thereon to maturity or, if notice of redemption as herein required has been duly provided for, to
such earlier redemption date.
27. Supplemental Resolution. The Prior Resolution authorizing the issuance of the
Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions
hereof.
28. Severability. If any section, paragraph or provision of this Resolution shall be
held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Resolution.
29. Headings. Headings in this Resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing Resolution was duly seconded by
Councilmember McComber and, after a full discussion thereof and upon a vote being taken
thereon, the following voted in favor thereof. Mayor Beaudet and Council members Byrnes,
McComber and Swenson
and the following voted against the same: None.
Whereupon the Resolution was declared duly passed and adopted.
1345842v1 16
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF OAK PARK HEIGHTS
I, the undersigned, being the duly qualified and acting Administrator of the City of Oak
Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and
foregoing extract of minutes with the original thereof on file in my office, and that the same is a
full, true and complete transcript of the minutes of a meeting of the City Council duly called and
held on the date therein indicated, insofar as such minutes relate to providing for the issuance
and sale of $490,000 General Obligation Refunding Bonds of 2001.
WITNESS my hand on November 13, 2001.
Administrator
1345842v1 17
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT BONDS OF 1995
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Oak Park Heights,
Washington County, Minnesota, there have been called for redemption and prepayment on
December 1, 2001
those outstanding bonds of the City designated as General Obligation Improvement Bonds of
1995, dated as of July 1, 1995, having stated maturity dates in the years 2002 through 2005,
inclusive, and totaling $480,000 in principal in principal amount and having CUSIP numbers
listed below:
Year CUSIP Number*
2002 671562 -EY -8
2003 671562 -EZ -5
2004 671562 -FA -9
2005 671562 -FB -7
The bonds are being called at a price of par plus accrued interest to December 1, 2001, on which
date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment, at U.S. Bank Trust National
Association (successor to First Trust National Association), Attention: Paying Agent Services,
180 East Fifth Street, St. Paul, Minnesota 55101.
*The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any
representation made as to their correctness indicated in the notice. They are included solely for
the convenience of the holders.
Dated: November 13, 2001 BY ORDER OF THE CITY COUNCIL
/s/ Thomas M. Melena, Administrator
Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will be
withheld if tax identification is not properly certified.
Additional information may be obtained from:
JURAN & MOODY, A DIVISION OF MILLER JOHNSON STEICHEN KINNARD, INC.
5500 Wayzata Boulevard, Suite 800
Minneapolis, Minnesota 55416
Telephone No.: 763 -542 -6000
Attn: Lori A. Giampaolo, Public Finance Department.
1345842v1
RESOLUTION 01 -11 -53
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOULUTION OF SUPPORT FOR A NEW HIGHWAY 36 SUBAREA
TRAFFIC STUDY FOR THE CITY OF OAK PARK HEIGHTS
Whereas, Highway 36 passes through the City of Oak Park Heights and is vital to the
City's transportation system and economic vitality; and,
Whereas, Highway 36 passes through the adjoining cities of Lake Elmo, Grant, and
Stillwater and is a vital link to the transportation systems and economic vitality of these
communities; and,
Whereas, the city of Oak Park Heights is contributing citizen tax dollars in support of the
Highway 36 Subarea Traffic Study; and
Whereas, traffic flow on Highway 36 directly impacts the businesses and neighborhoods
of the City of Oak Park Heights; and,
Whereas, the City Council of the City of Oak Park Heights has received the following
traffic studies for the Minnesota Department of Transportation.
1. State Trunk Highway 36 Area Traffic Study (February 24, 1992)
2. TH 36 River crossing project (TA -M406) from George M. Cepress (July 19,
1993)
3. Supplemental Traffic Analysis Report for the TH 36 /STH 64 New St. Croix
River Crossing Final Environmental Impact Statement (January 1995)
4. Braun Consensus Alternative (October 1998)
5. Minnesota Department of Transportation Highway36 Interchange Concept
(July 9, 1999 -Adam Josephson)
6. Minnesota Department of Transportation Highway 36 Intersection Level of
Service (July 10, 1999 -Adam Josephson)
7. Minnesota Department of Transportation TH 36 Corridor Management Plan
(May 2001)
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park
Heights that all previous traffic studies and information received by the City of Oak Park
heights be reconciled with the Highway 36 Subarea Traffic Study; and,
FURTHERMORE, be it resolved that the members of the Highway 36 Subarea Traffic
Study Committee understand previous recommendations, and the different conclusion of
each traffic management report, and
RESOLUTION 01 -11- 54
a
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE APPLICATION
OF VFW POST 323 FOR
GAMBLING CONTROL BOARD PREMISES PERMIT
FOR OPERATION OF GAMBLING ACTIVITIES WITHIN
THE CITY OF OAK PARK HEIGHTS
WHEREAS, the VFW Post 323, has applied with the State of Minnesota
Gambling Control Board for a Premises Permit Renewal to continue to operate a
gambling activity at the site of VFW Post 323, 5880 Omaha Avenue North, within the
City of Oak Park Heights; and
WHEREAS, The City of Oak Park Heights has reviewed the application of the
VFW Post 323 and finds that its purposes meet the necessary community standards; and
WHEREAS, the City of Oak Park Heights has solicited the input of the public
and there have been no objections to the granting of the renewal application for the
premises permit as applied for by VFW Post 323 with the State of Minnesota Gambling
Control Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of VFW Post 323 with the State of Minnesota Gambling
Control Board to operate gambling activities on the site of the VFW Post 323 located at
5880 Omaha Avenue North within the City of Oak Park Heights through March 31, 2002
and the same are hereby approved.
Passed by the City Council of Oak Park Heights this 27th day of November, 2001.
I
&BeLdet
ATTEST: Mayor
Kimberly amper
Acting Administrator
RESOLUTION NO. 0 1
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY FIRST STUDENT, INC. FOR AN AMENDED
CONDITIONAL USE PERMIT TO ALLOW LOCATION OF
AN 8,000 GALLON DIESEL ABOVE- GROUND STORAGE TANK
AT 5302 STAGECOACH TRAIL BE DENIED
WHEREAS, the City of Oak Park Heights has received a request for an
amended conditional use permit (CUP) to address expansion of the First Student, Inc. facility to
include Building D, use of the existing wash bay for vehicle washing, and the installation of an
8,000 gallon diesel above - ground storage tank to allow for on -site fueling of buses at their
facility located at 5302 Stagecoach Trail; and after having conducted a public hearing relative
thereto, the Planning Commission of Oak Park Heights recommended that the request be
approved with conditions. The City Council makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A;
and
2. The applicant has submitted an application and documentation to the
Community Development Department consisting of the following items:
SEE ATTACHMENT B;
and
3. The subject site is zoned I, Industrial District in which open and outdoor
storage is a listed conditional use. Any expansion or major change to an
existing CUP requires an amended CUP; and
4. The CUP for First Student, Inc. was granted on May 25, 1999 to allow the
outdoor storage of buses; and
5. The City staff prepared a memorandum dated November 1, 2001
reviewing the request for amended CUP approval; and
6. Said report recommended the approval of the amended CUP in that the
expansion and addition of a fuel tank is a reasonable expansion of the
business, the improvements made as a result of the original CUP approval
have significantly increased the screening for surrounding residential
properties, and the amendments to the CUP will not result in a major
intensification of the use on site. The amended CUP was recommended by
City staff subject to the fulfillment of various conditions; and
7. The Planning Commission held a public hearing at their November 8, 2001
meeting, took comments from the applicants and public, closed the public
hearing, and recommended the amended CUP be approved subject to the
fulfillment of conditions.
8. That the applicant has not prepared a specific fuel spillage recovery plan to
address the issue of fuel spillage that may occur from the location of an
above - ground tank on the First Student, Inc. site.
9. That the site is adjacent to the Perro Creek pond and wetland which is a
sensitive wetland and stormwater ponding area within the City of Oak
Park Heights, with the property also being adjacent to residential
neighborhoods and a property owner located immediately to the south of
the subject property which is served by a well and septic system.
10. That inasmuch as the applicant has not addressed a fuel spillage recovery
plan in particular and does not have established written protocol relative to
fuel spills on the site, the applicant is not prepared to deal with •
• contamination as would result from fuel spills by way of use of the
proposed above - ground fuel storage tank and neighboring private wells as
well as the adjacent wetland are endangered.
11. That the applicant has failed to provide a specific fuel containment plan in
the advent of an accident or spillage within the area so as to provide
protection for the Perro Creek wetland and adjacent property owners with
private wells located to the south.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
1. That the City Council of the City of Oak Park Heights does hereby deny
the application by First Student, Inc. for an amended CUP seeking the
installation of an 8,000 gallon diesel above - ground storage tank to allow
for on -site fueling of buses at their facility located at 5302 Stagecoach
Trail.
•
•
Approved by the City Council of the City of Oak Park Heights this aL�f day of
November 2001.
OavidMeaudet, or
ATTEST:
Kimberly K er, Ac' Administrator
•
Attachment A
DESCRIPTION FROM COMMONWEALTH INSURANCE
COMPANY POLICY NO. 36537C SCHEDULE A -3 -A
PARCEL 1:
All that part of the NE 114 of the SW 114 of Section 3, Township 29,
Range 20, contained within the following bounds, to —wit:
Beginning at a point 30 feet West of a stake which is 80 rods South
of the center of said Section 3, and running thence West 24 rods ana
3 feet; thence North 21 rods and 9.9 feet; thence East 24 rods and
feet; thence South 21 rods and 9.9 feet to the place of' beginning,
excepting therefrom the South 150 feet thereof.
PARCEL 2:
The North 963.6 feet of the East 429 feet of the NE 114 of the SW 114 o)
Section 3, Township 29 North, Range 20 West, excepting the following two
trac ts:
1.) The North 232 feet of the East 1 6 5 5 feet thereof, and
2.) The South 252 feet of the North 494 feet of the East 233 feet
thereof
SCHEDULE B
Subject to Washington County Highway Right —of —Way Plat No. 97 delineating
the right —of —way of C.S.A.H. No. 21.
Description Note:
The west line of the east 429 feet of the NE1 14 of the SW1 14 as referred
to in the legal description was interpreted to be as measured along the
north and south lines of this parcel and not as measured at right angle to
he east line of said NE1 14 of the SW1 14, based on other surveyors and
descrip tions.
Attachment B tea•
DEVELOPMENT APPLICATION CHECKLIST
ITEMS SUBMI
• Development Application and Fee.
• Authorization from owner to proceed as applicant.
• Parcel search with mailing labels from Washington County.
• Property Tax Statement.
• Aboveground Storage Tank Description
• Site and Grading Plans- Midwest Land Surveyors.
• MPCA Above Ground Storage Tank Application
• SPCC Plan — Strata Environmental
• First Student Environmental Management Overview
• First Student Environmental Policy and Controls - Reference
Material
- Hazardous Communication and Employee Training
- Regulated Substance Storage and Control Procedures.
- First Student Emergency Spill Response Plan
•
CITY OF OAK PARK HEIGHTS
RESOLUTION 01- 11 -
A RESOLUTION APPROVING PROPOSED ANNUAL
LIQUOR, TOBACCO, AND AMUSEMENT LICENSES
WHEREAS, the City Council for the City of Oak Park Heights has
received applications for the year 2002 liquor, tobacco, amusement,
and bingo licenses from businesses located within the City limits.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Oak Park Heights that the following licenses (See Exhibit
A) are hereby approved.
Passed by the City Council of Oak Park Heights this 27th day of
• N 2001.
a or
Attest:
Acting City Administrator
•
EXHIBIT A
• CITY OF OAK PARK HEIGHTS
2002 LICENSES
Off -Sale Liquor Licenses
Cellars Wines & Spirits of O.P.H., Inc. dba Cellars
Wines & Spirits
Timark Inc. dba Millroad Inn
On -Sale Liquor Licenses
VFW 323 dba Greeder -Hinds Comfort Post
Apple American Ltd Ptsp of MN dba Applebee's Neighborhood
Grill /Bar
Timark Inc. dba Millroad Inn
Letru Inc. dba Stillwater Bowl & Lounge
Phil's Tara Hideaway Inc. dba Club Tara Hideaway
Stillwater Eagles Aerie 94 dba Stillwater Eagles
On -Sale Sunday Liquor Licenses
VFW 323 dba Greeder -Hinds Comfort Post
Apple American Ltd Ptsp of MN dba Applebee's Neighborhood
• Grill /Bar
Timark Inc. dba Millroad Inn
Letru Inc. dba Stillwater Bowl & Lounge
Phil's Tara Hideaway Inc. dba Club Tara Hideaway
Stillwater Eagles Aerie 94 dba Stillwater Eagles
On -Sale Wine License
Ming Sun Chu - dba Stone Lake Restaurant
Dailey Incorporated - dba Carbones Pizza
On -Sale Non - Intoxicating Liquor License
Ming Sun Chu - dba Stone Lake Restaurant
Dailey Incorporated - dba Carbones Pizza
Off -Sale Non - Intoxicating Liquor License
Cellars Wines & Spirits of O.P.H., Inc. dba Cellars
Wines & Spirits
Rainbow Food Group - dba Rainbow Foods
Amusement Licenses
• Timark Inc. dba Millroad Inn
Letru Inc. dba Stillwater Bowl & Lounge
Jeanne Gehle, Metro Coin Co. for Stillwater Eagles Aerie #94
Wal -Mart Store #1861
i
• City of Oak Park Heights
2002 Licenses
Page 2
Tobacco Licenses
Wal -Mart Store #1861
VFW 323 - dba Greeder -Hinds Comfort Post
Cellars Wines & Spirits of O.P.H., Inc. - dba Cellars
Wines & Spirits
Erickson Post Acquisition, Inc. - dba Stillwater Amoco
Holiday Stationstore #237
Timark Inc. - dba Millroad Inn
Speedway Superamerica #4453
Speedway Superamerica #4549
Rainbow Food Group - dba Rainbow Foods
Snyder's Drug Store #5075
Stillwater Eagles Aerie 94 dba Stillwater Eagles
Bingo Licenses
VFW 323 dba Greeder -Hinds Comfort Post
a
RESOLUTION NO. 01 -11 -57
• CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY GOLDRIDGE GROUP, FOR PROPERTY LOCATED
SOUTH OF 58 STREET BETWEEN HIGHWAY 5 AND MEMORIAL
AVENUE NORTH FOR A PRELIMINARY PLAT, ENTITLED
OAK PARK STATION, BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request for a
preliminary plat/planned unit development to allow a subdivision and a planned unit
development/conditional use permit to allow the construction of a 6,000 square foot bank on
property located south of 58 Street between Highway 5 and Memorial Avenue North, after
having conducted a public hearing relative thereto the Planning Commission of Oak Park
Heights recommended that the request be approved with conditions. The City Council makes the
following findings of fact and resolution:
follows, to wit: 1. The real property affected by said application is legally described as
• SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. City staff prepared planning reports dated October 2, 2001 and November
1, 2001, reviewing the request for the preliminary plat/planned unit development and conditional
use permit/planned unit development; and
4. Said report recommended approval of the of the preliminary plat/planned
unit development and conditional use permit/planned unit development subject to the fulfillment
of various conditions; and
5. The Planning Commission held a public hearing at their October 11, 2001
meeting and their November 8, 2001 meeting, took comments from the applicants and public,
closed the public hearing, and recommended the request be approved subject to the fulfillment of
• conditions.
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
1. The request submitted by the Goldridge Group for a preliminary plat, entitled Oak Park
Station, for property located south of 58 Street between Highway 5 and Memorial
Avenue North and affecting the real property as follows:
SEE ATTACHMENT A
2001. Approved by the City Council of the City of Oak Park Heights this 27 day of _November
r
David Beaudet, Mayor
ATTEST:
•
Kimberly Kam" per, Acting City Administrator
2
City of
Oak Park HeiLyhtS
`= w 14168 Oak Park Blvd • Box 2007.Oak Park Heights, MN 55082 .
Phone (651) 439 -4439 • Fax 439 -0574
Attachment A
Legal Description for proposed Oak Park Station /S & C Bank:
Lot 1 Block 2 Kern Center
•
TREE CITY U.S.A.
M
,R City of
Oak Park Heights
14168 Oak Park Blvd • Box 2007 . Oak Park Heights, MN 55082 .
Phone (651) 439 -4439 . Fax 439 -0574
Attachment B
Oak Park Station /S & C Bank
X Application form and payment for fees
_X Proof of ownership or authorization to proceed as applicant
_X — A parcel search obtained from Washington County of all properties located
within 500 feet of the exterior boundaries of the property
_X Property Tax Statement
_X Grading /Drainage /Utility Plan(s)
_X Landscape Plan
_X Signage Plan
_X Lighting Plan
N/A Tree Protection and Replacement Plan
_X Building Elevations
_X Other Plans and /or information as required by Ordinance or requested by City
Staff
Submitted Plans:
_X 3 full scale sets of plan
._X 20 — 11" X 17" sets of plans
TREE CITY U.S.A.
RESOLUTION 01 -11-
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION ADOPTING ASSESSMENT
WHEREAS, pursuant to notice given as required by law, the City Council has met,
heard and passed upon all objections to the proposed assessment for Hazardous Building
Removal at 5887 Beach Road North, and has amended such proposed assessment as it deems just;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Oak Park Heights,
Minnesota, as follows:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof
is hereby accepted and shall constitute the special against the lands named therein,
and each tract of land therein is hereby found to be benefited by the proposed
improvement.
2. Such assessments shall be as follows:
a. As a single payment of $17,398.24, payable over a period of one year, with
interest as the rate of four percent (4 %) per annum, the first of said installments
to be payable with general taxes for the year 2002, collectible with such taxes
during the year 2002, collectible with such taxes during the year 2002. Interest
shall accrue from and after January 1, 2002.
b. The owner of the property so assessed may at any time prior to the certification
of the assessment to the County Auditor, pay to the City Treasurer, and thereafter
at any time prior to November 15 of any year pay to the County Auditor, the
whole of the principal amount of the assessment on such property provided that
no such prepayment shall be accepted without payment of all installments due to
and including December 31 of the year of prepayment, and the original principal
amount reduced only by the amounts of principal included in such installments
computed on an annual amortization basis.
3. The City Clerk shall forthwith transmit a certified duplicate copy of this
assessment to the County Auditor to be exte6bavidet ist of the County
ATTEST: Mayor
ty
Kimberly ly �2, Y
Acting City Administrator
•
CERTIFICATION OF ASSESSMENTS
TO WASHINGTON COUNTY AUDITOR'S OFFICE
BY CITY OF OAK PARK HEIGHTS
' Pate Submitted: 11/30/01
Indicate One Of The Following As An Acitivity Code: (A) Add (D) Delete
Project # 5081085
Project Description:
Start Year: 2002 Years Covered: 1
Interest Rate: 4%
Assessment
Activity Code Property # Amount
A 03- 029 -20 -21 -0029 17,398.24
•
•
11/29/2001 Page 1 01 Bjorkman Bldg Removal Assessment
RESOLUTION 01 -12 - - Sq
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 2002 GENERAL FUND LEVY
WHEREAS, the City Staff has prepared and submitted to the City
Council the proposed general fund levy for calendar year 2002; and,
WHEREAS, the City Council for the City of Oak Park Heights has
determined that the proposed general fund levy as submitted by the
City Staff is in the best interests of the citizens of the City of
Oak Park Heights.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Oak Park Heights:
1. That the City Administrator is hereby authorized and
directed to certify to the Washington County Tax Accounting
Department the General Fund levy for the City of Oak Park
Heights for calendar year 2002 in the amount of $1,908,179.00.
• 2. That the City Administrator is also authorized and
directed to certify to the County Tax Accounting Department
the Bonded Indebtedness levy for 1995 General Obligation Bonds
in the amount of $59,400.00 to be collected in calendar year
2002.
Passed by the City Council for the City of Oak Park Heights
this 11th day of December 2001.
Vi
Attest:
Kimberly ampex'���
Acting Administrator
•
RESOLUTION 01 -12 - 6()_
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 2002 BUDGET
WHEREAS, the City Staff has prepared and submitted to the City
Council the proposed budget for calendar year 2002; and,
WHEREAS, the City Council for the City of Oak Park Heights has
determined that the proposed budget as submitted by the City Staff
is in the best interests of the citizens of the City of Oak Park
Heights.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the
City of Oak Park Heights:
That the 2002 budget is hereby approved as presented by the
City Finance Director in the total General Fund amount of
• $2,587,790.00.
Passed by the City Council for the City of Oak Park Heights
this 11th day of December 2001.
X avideaudet, Mayor
Attest:
9
Kimberly Kamper
Acting Administrator
•
i
RESOLUTION NO. 01 -12 -61
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING SEWER USAGE RATES
WITHIN THE CITY OF OAK PARK HEIGHTS
EFFECTIVE JANUARY 1, 2002
WHEREAS, the City of Oak Park Heights by resolution and
ordinance regulates sewer usage rates within the City for
all users; and,
WHEREAS, a rate study has been conducted and completed
by City Staff recommending sewer rate increases to
accommodate the cost for administrating, managing, and
providing municipal sewer services to the citizens of the
City of Oak Park Heights and all properties connected
thereto; and,
WHEREAS, the City Council has reviewed said rate
increases and determined the same to be fair and equitable.
• WHEREAS, the city ordinances provide for the
implementation of rate increases by resolution.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights as follows:
That effective January 1, 2002, the City of Oak
Park Heights shall establish a municipal sewer
rate for all users as follows:
a. A monthly rate of $.95 for administrative
fees, and $2.61 per 1,000 gallons of water used
for the first 5,000 gallons, with a per month
minimum charge of $14.00.
b. A rate of $2.61 per 1,000 gallons of water
used over 5,000 gallons.
C. Residential sewer rates are determined by the
amount of water used in the month of December of
each year. Commercial, industrial and
institutional sewer rates are based on actual
usage.
•
r
i�
Passed by the City Council for the City of Oak Park
Heights this 11 day of December, 2001.
David Beaudet, Mayor
ATTEST:
Kimberllb Kamper
Acting Administrator
•
•
RESOLUTION 01 -12- 62 .
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE APPLICATION
OF THE MILLROAD INN FOR A
GAMBLING CONTROL BOARD PREMISES PERMIT
FOR OPERATION OF CHARITABLE GAMBLING ACTIVITIES WITHIN
THE CITY OF OAK PARK HEIGHTS
WHEREAS, the Millroad Inn, has applied with the State of Minnesota Gambling
Control Board for a Premises Permit Renewal to continue to operate a gambling activity
at the site of the Millroad Inn 15506 North 59 Street, within the City of Oak Park
Heights; and
WHEREAS, The City of Oak Park Heights has reviewed the application of the
Millroad Inn and finds that its purposes meet the necessary community standards; and
WHEREAS, the City of Oak Park Heights has solicited the input of the public
and there have been no objections to the granting of the renewal application for the
premises permit as applied for by the Millroad Inn with the State of Minnesota Gambling
Control Board.
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of the Millroad Inn with the State of Minnesota Gambling
Control Board to operate gambling activities on the site of the Millroad Inn located at
15506 North 59 Street within the City of Oak Park Heights through March 31, 2004 and
the same are hereby approved.
Passed by the City Council of Oak Park Heights this 11 th day of December, 2001.
David Beaudet
ATTEST: Mayor
Kimberly amper
Acting Administrator
•
•
RESOLUTION NO. 2001 -12 -
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RECOGNIZING THE SERVICE
OF CHARLES W. HEDLUND
AS COMMISSIONER TO THE OAK PARK HEIGHTS
PLANNING COMMISSION FROM 1998 -2001
WHEREAS, Charles W. Hedlund has served as a Planning
Commissioner, and in the capacity of Commission Chair, for the City of Oak Park
Heights since the Planning Commission was formed in 1998; and
WHEREAS, the City Council of the City of Oak Park Heights relies
upon the leadership of the Planning Commission, its Chair and its members to
assist in shaping the vision of the City's development and growth; and
• WHEREAS, Charles W. Hedlund's contribution of time, effort and
dedication to the Planning Commission has been valuable and sincerely
appreciated.
NOW, THEREFORE, BE IT RESOLVED, that the City Council for
the City of Oak Park Heights commends Charles W. Hedlund for his dedication
and commitment to the interests of the citizens of the City of Oak Park Heights.
Passed by the City Council for the City of Oak Park Heights this 11th of
December, 2001. a A
David Beaudet, Mayor
ATTEST:
Kimberly Kamper
Acting City Administrator
s
CITY OF OAK PARK HEIGHTS
�} WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2001 12 -6 4
RESOLUTION OF THE CITY COUNCIL
TO VACATE DRAINAGE AND UTILITY EASEMENTS
FOR LOT 1, BLOCK 2, KERN CENTER
AND LOTS 5 6 AND 7 BLOCK 1 KERN CENTER 2 ADDITION
WHEREAS, the City of Oak Park Heights has considered a petition and application
by the fee owners of real property located within the City of Oak Park Heights consisting of the
following to wit:
Lot 1, Block 2 Kern Center and Lots 5, 6 and 7, Block 1 Kern Center 2 nd Addition;
and
WHEREAS, the application requests the City to vacate the existing drainage and
utility easements now located within the plat of Kern Center and Kern Center 2 Addition as it
affects the lots and blocks above - referenced; and
WHEREAS, it appears to be in the best interests of the public to vacate said
drainage and utility easements so as to facilitate a replatting of the property into the plat to be
known as Oak Park Station; and
• WHEREAS, the City has duly conducted its public hearings in the manner provided
by law and has received no adverse public comment relative to the vacating of the existing drainage
and utility easements for Lot 1, Block 2 Kern Center and Lots 5, 6 and 7, Block 1 Kern Center 2 nd
Addition; and
WHEREAS, there will be a rededication of drainage and utility easements within
the new area to be platted as Oak Park Station;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak
Park Heights that the existing drainage and utility easements now displayed within Lot 1, Block 2
Kern Center and Lots 5, 6 and 7, Block 1 Kem Center 2 Addition being the same are hereby
vacated.
BE IT FURTHER RESOLVED that the City Administrator shall prepare a Notice
of Completion of these proceedings which shall contain the name of the City, the identification of
the vacation, a statement of the time of completion thereof, and a description of the real estate and
the land affected thereby. Such Notice shall be presented to the County Auditor - Treasurer, who
shall enter the same in his transfer records and note upon the instrument over the official signature
of that office the words `Entered In the Transfer Records ". The Notice shall then be filed with the
County Recorder, all as required by Minnesota Statute §412.851 of the Minnesota Statutes.
Adopted and passed by the City Council for the City of Oak Park Heights this 11'
day of December,.2001. A
Od. Mayor
A p
Kimberly Kamper
Acting City Administrator
2
•
RESOLUTION NO. 01-12-65
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION ESTABLISHING CONNECTION FEES THROUGHOUT THE CITY
OF OAK PARK HEIGHTS FOR CONNECTIONS TO MUNICIPAL WATER
SYSTEMS, SANITARY SEWER SYSTEMS AND STORM SEWER SYSTEMS
WHEREAS, Minn. Stat. §444.075, Subd. 3 authorizes municipalities to
establish a system of charges for the construction, reconstruction, repair, enlargement,
improvement or other obtainment, maintenance operation and use of municipal facilities,
including, but not limited to charges for connections to such municipal facilities for municipal
water, sanitary sewer, and storm sewer; and,
WHEREAS, City ordinances provide for the Council to establish from time
to time connection charges to be collected for properties developing in and connecting to the
municipal water, sanitary sewer and storm sewer systems; and,
• WHEREAS, the City has historically established and collected connection
charges; and,
WHEREAS, connection charges established by the City of Oak Park Heights
require modification and amendment from time to time; and,
WHEREAS, the office of the City Engineer has provided recommendations
to the City Council as it affects the establishment of connection charges throughout the City
of Oak Park heights as it relates to connection to trunk sanitary sewer systems, trunk water
systems and trunk storm sewer systems; and,
WHEREAS, the City Council determines it to be in the best interest of the
residents and City of Oak Park Heights that such fees be periodically renewed and adjusted to
take into account cost of construction and replacement and systems, cost of maintenance
operation and other expenses that the City expects to incur with regard to the maintenance of
such systems.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City
of Oak Park Heights that effective January 1, 2002 city connection charges to be applied
throughout the City of Oak Park Heights for properties developing or connecting to municipal
utilities shall be as follows:
•
•
1. Sanitary sewer connection charge, $2,660.00 per acre.
2. Municipal water connection charge, $4,630.00 per acre.
3. Storm sewer connection charge, $5,860.00 per acre.
BE IT FURTHER RESOLVED, that as to the computation of acreage as it
affects each development or connection related to the collection of these fees, all such
computations shall be made through the office of the City Engineer with all such fees
being thereafter collected through the office of the City Administrator. No connection
shall be made to any municipal utility system until such time as the connection fees as
calculated and determined by the office of the City Engineer have been collected.
Passed by the City Council for the City of Oak Park ' hts this 11 day f
December 2001.
L
Oeaul, ayor
ATTEST: /l
Kimberly Kaliper
Acting City Administrator
•
2
RESOLUTION NO. G6
s
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY GOLDRIDGE GROUP, LOCATED SOUTH OF 58
Tx
STREET BETWEEN HIGHWAY 5 AND MEMORIAL AVENUE NORTH
FOR A FINAL PLAT, PLANNED UNIT DEVELOPMENT,
VACATION OF EASEMENTS, AND PLANNED UNIT
DEVELOPMENT /CONDITIONAL USE PERMIT
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request for a
preliminary and final plat, planned unit development and vacation of easements in Kern Center
and Kern Center 2 Addition to allow a commercial subdivision and a planned unit
development/conditional use permit to allow the construction of a 6,000 square foot bank on
property located south of 58 Street between Highway 5 and Memorial Avenue North, after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
• Heights recommended that the request be approved with conditions. The City Council makes the
following findings of fact and resolution.
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The applicant has requested that the City Council hold a public hearing
and vacate easements in Kern Center and Kern Center 2nd Addition legally described as follows
to wit:
SEE ATTACHMENT C
•
4. To accommodate the phased development, the processing of a preliminary
. plat/planned unit development (Concept Plan) is necessary; and
5. The applicants have further requested the approval of a final plat and
planned unit development/conditional use permit (General Plan) to allow the construction of a
6,000 square foot bank (with a drive - through facility) upon proposed Lot 1, Block 1, Oak Park
Station; and
6. The conditional use permit evaluation criteria of Section 401.03.A.8 of the
Zoning Ordinance has been considered and determined to be satisfied; and
7. The applicable planned unit development requirements of Section
401.06.B of the Zoning Ordinance will be satisfied as a condition of project approval; and
8. City staff prepared planning reports dated October 2, 2001 and November
1, 2001, reviewing the request for the preliminary /final plat, planned unit development, vacation
of easements, and conditional use permit/planned unit development; and
9. Said report recommended approval of the of the preliminary and final
plats, planned unit development, vacation of easements, and conditional use permit/planned unit
development subject to the fulfillment of various conditions; and
10. The Planning Commission held a public hearing at their October 11, 2001
• meeting and their November 8, 2001 meeting, took comments from the applicants and public,
closed the public hearing, and recommended that the request be approved subject to the
fulfillment of conditions; and
11. The City Council approved the preliminary plat, entitled Oak Park Station,
at their November 27, 2001 meeting; and
12. The City Council held a public hearing at their December 11, 2001
meeting to consider the vacation of easements in Kern Center and Kern Center 2nd Addition; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
1. The requests submitted by the Goldridge Group for a final plat, planned unit
development, and vacation of easements in Kern Center and Kern Center 2nd Addition,
and planned unit development/conditional use permit for a commercial development
located between Highway 5 and Memorial Avenue North and affecting the real property
as follows:
SEE ATTACHMENTS A AND C
•
2
Be and the same as hereby approved by the City Council of the City of Oak Park Heights for
approval with conditions as follows:
A. Planned unit development, final plat, concept plan, and vacation of easements approval of
a commercial subdivision entitled "Oak Park Station" subject to the following conditions:
1. Legal descriptions of the easements to be vacated in Kern Center and Kern Center
2nd Addition are provided by the applicant subject to approval of the City
Engineer and City Attorney.
2. The proposed street within the development be dedicated and constructed as a
public street.
3. The City Engineer and the applicable watershed district or authority provide
comment and recommendation in regard to drainage, storm water ponding, and
utility issues.
4. A temporary cul -de -sac is provided at the proposed street's southern terminus at
the first phase of development.
5. As a condition of final plat approval, the applicant enter into a development
agreement with the City.
is 6. The easements for the storm water drainage areas are subject to review and
approval of the City Engineer and City Attorney.
7. As a condition of final plat approval, connection fees (for water, sewer and
sanitary sewer) for all lots which comprise the proposed subdivision shall be paid.
8. A 25 foot curb to building setback shall be required for all development in the
prof ect.
9. All other comments of the Minnesota Department of Transportation, City Council,
Planning Commission, and City staff.
B. Approval of a final plat, planned unit development/conditional use permit to allow a
6,000 square foot bank (with drive - through lanes) upon Lot 1, Block 1, Oak Park Station
subject to the following conditions:
1. The access to the proposed street is subject to review and approval of the City
Engineer.
2. A "do not enter" sign shall be installed near the southeast corner of the bank
building so that vehicles do not enter the drive - through area from the parking area.
•
3
I
3. The setback of the building from the curb of the proposed street is maintained at
25 feet.
4. The site shall be provided with 40 parking stalls and five proof of parking stalls.
5. Specific building material colors are specified and found to be acceptable by the
City.
6. The sidewalk is extended from the north side of the building to the proposed
street. The Parks Commission shall review the need for additional sidewalks on
58 th Street and Memorial Avenue.
7. All site lighting shall meet Zoning Ordinance requirements, is hooded, and
directed such that the source of the light is not visible from surrounding properties
and rights -of -way. A revised plan shall be submitted that complies with all
ordinance requirements subject to City staff review and approval.
8. The revised landscape plan shall be subject to review and approval by the City
Arborist.
9. The area identification sign is located within an easement and the applicant
provide a plan to ensure maintenance of the sign.
• 10. Details related to proposed wall signage are submitted subject to City approval.
All signage shall conform to the Zoning Ordinance requirements.
11. The City Engineer provide comment and recommendation in regard to grading
and drainage issues.
12. The City Engineer provide comment and recommendation in regard to utility
issues.
13. A development agreement shall be required as part of the approvals subject to
City Council and City Attorney review and approval.
14. All other conditions of the City Council, Planning Commission, and City staff.
Approved by the City Council of the City of Oak Park Heights this 11 day of December
2001.
QDaviBeau Mayor
•
4
I
ATTEST:
PN'
Kimberly Kamj3er, Actmerty Administrator
5
City of
dg' .
wg Oak Park Heights
` . � °;' • 14168 Oak Park Blvd •Box 2007.Oak Park Heights, MN 55082 •
Phone (651) 439 -4439 • Fax 439 -0574
Attachment A
Legal Description for proposed Oak Park Station /S & C Bank:
Lot 1 Block 2 Kern Center
TREE CITY U.S.A.
City of
4 Oak Park Heights
14168 Oak Park Blvd •Box 2007.Oak Park Heights, MN 55082 •
Phone (651) 439 -4439 • Fax 439 -0574
Attachment B
Oak Park Station /S & C Bank
_X _Application form and payment for fees
— X — Proof of ownership or authorization to proceed as applicant
X A parcel search obtained from Washington County of all properties located
within 500 feet of the exterior boundaries of the property
X Property Tax Statement
_X Grading /Drainage /Utility Plan(s)
_X Landscape Plan
_X Signage Plan
_X Lighting Plan
N/A Tree Protection and Replacement Plan
X Building Elevations
— X — Other Plans and /or information as required by Ordinance or requested by City
Staff
Submitted Plans:
X 3 full scale sets of plan
X 20 — 11" X 17" sets of plans
TREE CITY U.S.A.
ATTACHMENT C
All drainage and utility easements per e Ce� p Addit Addition, W in Lot 1, Block 2, ashington County Kern
Center and Lots 5, 6 and 7, Block 1, K ern Center
Minnesota
•
•
RESOLUTION NO. 01 -12 67
CITY OF OAK PARK HEIGHTS
WASHINGTON.COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE BUDGET
TRANSFER OF TAX INCREMENT
FINANCING FUNDS TO THE GENERAL FUND
WHEREAS, the City of Oak Park Heights has previously
established a tax increment financing district; and,
WHEREAS, said tax increment financing district
generates funds for administration fees to be paid to the
City of Oak Park Heights; and,
WHEREAS, the City has incurred administrative fees
based upon work performed in relationship to said tax
increment financing matters for calendar year 2001 in the
amount of $452.00; and,
WHEREAS, the City does not anticipate additional
administrative fees or audit and accounting expenses as it
affects the tax increment financing district.
• NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights that there shall be transferred
from the St. Croix Mall tax increment financing fund to the
general fund the sum of $452.00.
Passed by the City Council fo t t f Oak rk
Heights this 27 day of December 200 .
Davz.d Beaudet
Mayor
ATTEST:
Kimberly ;amp�er ✓
Acting Administrator
•
RESOLUTION NO.
• CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
CONDITIONAL USE PERMITS FOR
KARMANN JACK'S INC. FOR PROPERTY LOCATED
AT 14621 60 STREET BE REVOKED
WHEREAS, the City of Oak Park Heights has documented violations of the
conditional use permits issued to Karmann Jack's in August 1999 and November 1999, for
property located at 14621 60 1h Street, and after conducting an annual review at their December
11, 2001 meeting, the City Council of Oak Park Heights makes the following findings of fact and
resolution:
1. The subject property is legally described as follows, to wit:
SEE EXHIBIT A
• and
2. A conditional use permit, approved by the City Council on August 24,
1999, was granted to the applicant for the subject property at 14621 60 th Street to allow outdoor,
used auto sales and minor auto repair subject to the following conditions:
a. The outdoor sales area shall be limited to not more than 30 percent of the gross
floor area of the principal structure.
b. All automobile repair activities shall be conducted within the principal structure
and the doors to the service bays kept closed except when vehicles are being
moved in or out of the service areas.
C. The applicant specify the proposed colors for the building facades and canopies,
subject to review and approval of City staff.
d. The proposed neon accent on the building facade is removed.
e. The landscape plan is subject to review and approval of the City Arborist.
f. The bituminous parking surface and concrete curb are improved, subject to
Zoning Ordinance requirements and the review and approval of the City Engineer.
•
• and
3. A conditional use permit, approved by the City Council on November 23,
1999, was granted to the applicant for the subject property at 1462160 th Street to allow major
auto repair to include a body shop, painting of vehicles, and mechanical repair subject to the
following conditions:
a. The conditions for approval of the CUP for automobile sales and minor auto
repair approved by the City Council on August 24, 1999 shall apply to the CUP
for major auto repair.
b. Approval of the CUP is subject to finalization and publication of the Zoning
Ordinance amendment to allow major auto repair as a conditional use in the B -2,
General Business District.
C. Any changes to the exterior lighting will be required to conform to Section
401.15.B.7 of the Zoning Ordinance.
d. All automobile repair activities shall be constructed within the principal structure
and the doors to the service bays shall be kept closed except when vehicles are
being moved in or out of the service areas.
e. There shall be no exterior storage of automobile parts, parts cars, or related items
• on the site. All storage shall be internal to the building. Any cars to be stored
outside of the building shall be in full working order.
f. All nose created from operations on the site shall be in conformance with Section
401.15.B.11 of the Zoning Ordinance.
g. Completion of the parking lot and curb /gutter improvements, subject to review
and approval of the City Engineer.
h. The automotive repair and food operations shall be totally separated including all
ventilation systems and storage of materials in conformance with the requirements
of the Washington County Department of Health, Environment and Land
Management and the Building Official.
i. The applicant shall receive and retain a Hazardous Waste Generators License
from Washington County.
j. The applicant shall receive and retain an air discharge permit from the Minnesota
Pollution Control Agency.
and
•
2
4. The business identified as Karmann Jack's is no longer operating at the
subject property; and
5. The owner is in violation of the conditional use permits in that there is
storage of non - operable vehicles, automobile parts, and trash in violation of the conditions of the
conditional use permit approved November 23, 1999; and
6. Reports have been filed by the City Building Official and City Police
Officers documenting the outside storage violations; and
7. The City Council held an annual review of the conditional use permits at
their December 11, 2001 meeting, with proper written notification to the property owner in
compliance with Section 401.03 of the Zoning Ordinance; and
8. After reviewing the violations of the conditional use permits and
determining that the business known as Karmann Jack's no longer occupies the subject property,
the City Council approves the following:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
• A. The conditional use permits approved by the City Council on August 24, 1999 and
November 23, 1999 for Karmann Jack's at 14621 60 Street North and affecting the real
property as follows:
SEE EXHIBIT A
Be and the same as hereby revoked.
Approved by the City Council of the Cit of O C ar hts this th y of December
2001.
Savid Beaudet, Mayor
ATTEST:
Kimberly Kam per, Actin City dministrator
Y p � g
i
3
0 EXHIBIT "A"
THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
4, TOWNSHIP 29 NORTH, RANGE 20 WEST, WASHINGTON COUNTY MINNESOTA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER; THENCE NORTH 89 DEGREES, 13 MINUTES , 19 SECONDS EAST,
BEARING ORIENTED TO THE WASHINGTON COUNTY COORDINATE SYSTEM, SOUTH ZONE,
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER A
DISTANCE OF 666.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89
DEGREES, 13 MINUTES, 19 SECONDS, EAST ALONG SAID NORTH LINE 160 FEET; THENCE
SOUTH 00 DEGREES, 46 MINUTES, 41 SECONDS EAST 350 FEET TO THE NORTH LINE OF
ST. CROIX MALL P.U.D. ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE
COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA; THENCE SOUTH 89 DEGREES , 13
MINUTES, 19 SECONDS WEST ALONG SAID NORTH LINE 153.14 FEET TO THE SOUTHEAST
CORNER OF RADUENZ ADDITION, ACCORDING TO THE PLAT OF RECORD IN SAID OFFICE OF
THE COUNTY RECORDER; THENCE NORTH O1 DEGREE, 54 MINUTES, 06 SECONDS WEST,
PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER HE ALONG
OF OF SAID RADUENZ
CONTAINING 547 ADDITION A DISTANCE
SQUARE FEET, MORE O 3
OR LESS.
SUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 212 ALONG THE NORTHERLY
L=E THEREOF.