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HomeMy WebLinkAbout1999 Resolutions RESOLUTION NO. 99- 12 -50 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION DESIGNATING NO PARKING ZONES ON 58 TH STREET WEST OF TRUNK HIGHWAY 5, MEMORIAL DRIVE, AND 55 STREET WEST OF TRUNK HIGHWAY 5 WHEREAS, the City Council of the City of Oak Park Heights has received the recommendation of the Chief of Police as it affects parking restrictions to be implemented on 58 Street, Memorial Drive, and 55 Street, all located to the west of Minnesota Trunk Highway 5; and WHEREAS, the City Council determines it to be in the best interests for the community to implement some degree of no parking restrictions in that vicinity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the Director of Public Works is hereby ordered and directed to install "No Parking" signs in the following areas: (a) On 58 Street located west of Trunk Highway 5 there shall be no parking on the north side of 58 Street. (b) On Memorial Drive there shall be no parking on the west side of Memorial Drive. (c) On 55 Street located west of Trunk Highway 5 there shall be no parking on the north side of 55 Street. 2. That the above areas are hereby designated as no parking zones any time and the Chief of Police and the Oak Park Heights Police Department is herewith authorized and directed to issue tags and tow any vehicles violating the "No Parking" signs once installed. Passed by the City Council for the City of Oak Park aDavidSch ' gMayor ber, 1999. ATTEST : • Thomas Melena City Administrator • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -12 -49 RESOLUTION RECOGNIZING KIRK SCHULTZ'S CONTRIBUTIONS TO THE CITY OF OAK PARK HEIGHTS THROUGH HIS SERVICE ON THE PLANNING COMMISSION 1998 TO 1999 WHEREAS, Kirk Schultz served as an appointed member of the Planning Commission from 1998 to 1999; and WHEREAS, the City Council of the City of Oak Park Heights relies on the recommendations of the Planning Commission to assist in shaping the vision for development and land use issues throughout the City. • NOW, THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights hereby recognizes and commends Kirk Schultz on his distinguished service to the Planning Commission, and his overall service to the City of Oak Park Heights and thanks him for his dedication during his appointed term. Dated this 28 day of December 1999. David D. Schaaf, Mayor ATTEST: Thomas M. Melena, Administrator • • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -12 -48 RESOLUTION RECOGNIZING ELIZABETH WEAVER'S CONTRIBUTIONS TO THE CITY OF OAK PARK HEIGHTS THROUGH HER SERVICE ON THE PARKS COMMISSION 1996 TO 1999 WHEREAS, Elizabeth Weaver has served as an appointed member of the Parks Commission since 1996; and WHEREAS, the City Council of the City of Oak Park Heights relies on the recommendations of the Parks Commission to assist in shaping the vision for • our parks and recreational opportunities in the City; and WHEREAS, she continues to serve the City of Oak Park Heights as a member of the Garden Committee. NOW, THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights hereby recognizes and commends Elizabeth Weaver on her distinguished service to the Parks Commission, Garden Committee, and her overall service to the City of Oak Park Heights and thanks her for her dedication over the years. Dated this 28 day of December 1999. David D. Schaaf, Mayor ATTEST: Thomas M. Melena, Administrator • • RESOLUTION NO. 99- 12 -47 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION ESTABLISHING A COUNCIL POLICY FOR EMPLOYEE RECOGNITION FOR YEARS OF SERVICE WHEREAS, this City Council determines that it is appropriate that the City, on behalf of the community, recognize those city employees who have provided continuous service to the City of Oak Park Heights; and, WHEREAS, the City Council determines that the appropriate form of recognition is in the manner provided for herein; and, WHEREAS, the City Council recognizes that employee recognition is an individualized judgment of this and future councils and may be subject to modification by the Council at such times and in such manner as the Council then may so choose; and, WHEREAS, the concept of employee recognition as provided for herein is in gratitude for the years of service and is not considered an element of employment with the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That this City Council does hereby put in place a policy providing for employee recognition in the following manner: (a) For those employees who have been with the City for a period of five consecutive years of employment, they shall be provided a pen by the City of Oak Park Heights. (b) For those employees who have been with the City for a period of ten consecutive years of employment, they shall be provided a half day of vacation. (c) For those employees who have been with the City for a period of fifteen consecutive years of employment, they shall be provided a plaque recognizing their employment service to the City of Oak Park Heights. (d) For those employees who have been with the City for a period of twenty consecutive years of employment, they shall be provided one day of vacation. i (e) For those employees who have been with the City for a period of twenty -five consecutive years of employment, a suitable item will be selected by the City Administrator with the advice and consent of the City Council, which item will be presented to the employee. Passed by the City Council for the City of Oak Park Heights this 14th day of December, 1999. X av�i'dSchaaf, Mayor/ ATTEST: Thomas Melena City Administrator 2 e 01 u-+ c; -� q9 -12 -y(0 • Extract of Minutes of Meeting of the City Council of the City of Oak Park Heights, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at City Hall in said City of Oak Park Heights, on Tuesday, the 14th day of December, 1999 at 7: 00 o'clock P.M. The following Council members were present: Mayor Schaaf Councilmembers Byrne, Swenson, Turnquist and Beaudet and the following were absent: None Council member Swenson then introduced and read the following written resolution and moved its adoption: • 99 - 12 - 46 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $10,000,000 ELDERLY HOUSING REVENUE REFUNDING BONDS (BOUTWELLS LANDING PROJECT), SERIES 1999B TO PROVIDE FUNDS FOR AN ELDERLY HOUSING PROJECT, ON BEHALF OF VALLEY SENIOR SERVICES ALLIANCE The motion for the adoption of the foregoing resolution was duly seconded by Council member Byrne , and upon vote being taken thereon the following voted in favor thereof: Mayor Schaaf Councilmembers Byrne, Beaudet, Swenson and Turnquist and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. • 1113962.1 • A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $10,000,000 ELDERLY HOUSING REVENUE REFUNDING BONDS, (BOUTWELLS LANDING PROJECT), SERIES 1999B TO PROVIDE FUNDS FOR AN ELDERLY HOUSING PROJECT, ON BEHALF OF VALLEY SENIOR SERVICES ALLIANCE BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota (the "City "), as follows: 1. Authoritv. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 462C, as amended (the "Act "), authorized to issue and sell its revenue bonds for the purpose of financing or refinancing the cost of housing developments for the elderly and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Description of Proiect. Refundina. On December 30, 1998 the City issued its $8,000,000 Elderly Housing Revenue Bonds (Boutwells Landing Project), Series 1998A (the "1998A Bonds ") and its $30,000,000 Elderly Housing Revenue Bonds (Boutwells Landing Project), Series 1998B (the "1998B Bonds" and together with the 1998A Bonds the "1998 Bonds "), pursuant to the Act and loaned the proceeds thereof to Valley Senior Services Alliance, a Minnesota nonprofit corporation (the "Company "), in order to provide financing with respect to costs of the acquisition, construction and equipping of an elderly housing development consisting of approximately 228 rental units located at South of 58 Street and Norell Avenue including units for independent living, assisted living and cottage living and an approximately 75,000 square foot central building with dining, laundry, offices and common areas (the "Project "). In June, 1999 the City issued its $8,000,000 Elderly Housing Revenue Refunding Bonds (Boutwells Landing Project) Series 1999A to redeem and refund alike principal amount of the Series 1998B Bonds. The Company now proposes to this Council that the City issue its Elderly Housing Revenue Refunding Bonds (Boutwells Landing Project) Series 1999B (the "199913 Bonds) in a principal amount not to exceed $10,000,000 to redeem and refund a like principal amount of the remaining $22,000,000 of principal amount of the 1998B Bonds. The City will designate the Series 1998B Bonds as "bank qualified" under Section 265(b) of the Internal Revenue Code of 1986, as amended. 3. Documents Presented. Forms of the following documents related to the 1999B Bonds have been submitted to the City: (i) The Loan Agreement (the "Loan Agreement ") dated as of December 1, 1999 between the City and the Company, pursuant to which Loan Agreement the Company agrees to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the 1999B Bonds; and • (ii) The Indenture of Trust (the "Indenture ") dated as of December 1, 1999, between the City and Firstar Bank, N.A., as trustee (the "Trustee "), authorizing the issuance of and pledging certain revenues, including those to be derived from the Loan Agreement, 1113962.1 as security for the 1999B Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (iii) The Bond Purchase Agreement (the "Bond Purchase Agreement "), among U.S. Bancorp Piper Jaffray Inc. (the "Underwriter "), the Company and the City, providing for the purchase of the 1999B Bonds from the City by the Underwriter and setting forth the terms and conditions of purchase; and (iv) The Limited Offering Memorandum describing the offering of the 1999B Bonds, and certain terms and provisions of the foregoing documents relating to the 1999B Bonds (the "Offering Memorandum). 4. Findings. It is hereby found, determined and declared that: (i) Based on Company representations to City, the Project constitutes an elderly residential rental project authorized by and described in the Act. (ii) There is no litigation pending or, to the City's actual knowledge, threatened against the City relating to the Bonds, the Loan Agreement, the Bond Purchase Agreement or the Indenture (collectively, the "City Bond Documents ") or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. • iii The execution delivery (iii) and performance of the City's obligations under the City Bond Documents do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (iv) It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture under the provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the 1999B Bonds. (v) Under the provisions of the Act, and as provided in the City Bond Documents, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a general or moral obligation of the City or a charge, lien or encumbrance, legal or equitable, upon any property 0 of the City (other than the interest of the City in the loan repayments to be made by the Company under the Loan Agreement); and each 1999B Bond issued under the Indenture 1113962.1 2 • shall recite that such 1999B Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 5. Anmroval and Execution of Documents,. The form of Bond and the City Bond Documents are approved. The City Bond Documents are authorized to be executed in the name and on behalf of the City by the Mayor and the City Clerk, at such time, if any, as they may deem appropriate, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof; and then shall be delivered to the Trustee. 6. Annroval. Execution and Delivery of Bonds. The City is authorized to issue the Bonds, in an aggregate principal amount of not to exceed $10,000,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the initial aggregate principal amount of and the maturities of the Bonds, the interest rates thereon, and any provisions for the optional or mandatory redemption thereof shall all be as set forth in the final form of the Indenture, to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities be later than December 30, 2028 or such rates of interest produce a net interest cost in excess of 7% per annum. The Underwriter has agreed pursuant to the provisions of the Bond Purchase Agreement and subject to the conditions therein set forth, to purchase the 1999B Bonds at the purchase price set forth in the Bond Purchase Agreement, and such purchase price is hereby accepted. The Mayor, City Clerk and other City officers are authorized to execute the Bonds as prescribed in the Indenture at such time, if any, as they may deem appropriate, and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by Section 2.2 of the Indenture, for authentication, registration and delivery to the Underwriter. 7. Offering Memorandum,. As requested by the Underwriter, the City hereby consents to the circulation by the Underwriter of the Offering Memorandum in offering the 1999B Bonds for sale; provided, however, that the City has not participated in the preparation of the Offering Memorandum or independently verified the information in the Offering Memorandum and takes no responsibility for, and makes no representations or warranties as to, the accuracy, completeness or sufficiency of such information. 8. Certificates. etc. The Mayor, City Clerk and other officers of the City are authorized at such time, if any, as they may deem appropriate, to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 1113962.1 3 STATE OF MINNESOTA ) ) SS. COUNTY OF WASHINGTON ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Oak Park Heights, Minnesota (the "City "), do hereby certify that attached hereto is a compared, true and correct copy of a resolution giving final approval to an issuance of revenue bonds by the City on behalf of Valley Senior Services Alliance, duly adopted by the City Council of the City on December 14, 1999, at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WITNESS My hand this day of December, 1999. City Clerk 1113962.1 • RESOLUTION 99 -12- 45 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2000 GENERAL FUND LEVY WHEREAS, the City Staff has prepared and submitted to the City Council the proposed general fund levy for calendar year 2000; and, WHEREAS, public notice has been duly given as provided by law with public hearings being conducted by the City Council with regard to the proposed general fund levy, receiving no adverse comment from the public and with regard thereto; 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 2000 in the amount of $1,380,800.00. 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 2000. Passed by the City Council for the City of Oak Park Heights this 14th day of December 1999. Attest: David D. Scha , Mayor Thomas M. Melena Administrator RESOLUTION 99 -12 - CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2000 BUDGET WHEREAS, the City Staff has prepared and submitted to the City Council the proposed budget for calendar year 2000; and, WHEREAS, public notice has been duly given as provided by law with public hearings being conducted by the City Council with regard to the proposed budget, receiving no adverse comment from the public with regard thereto; 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 2000 budget is hereby approved as presented by the City Finance Director in the total General Fund amount of $2,253,195.00. Passed by the City Council for the City of Oak Park Heights this 14th day of December 1999. D d D. Schaa Maybr Attest: Thomas M. Melena Administrator • y • RESOLUTION NO. 99-11 -43 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION DETERMINING FINDINGS OF FACT AND DENYING REQUEST FOR VARIANCE AS SUBMITTED BY JOEL AND CAROL LOMBARD AT 5527 OAKGREEN PLACE NORTH, CITY OF OAK PARK HEIGHTS WHEREAS, the City Council of the City of Oak Park Heights has reviewed the city's files with regard to the application for Joel and Carol Lombard who have requested variance from the setback standards in order to construct an addition of approximately 500 square feet to their home at 5527 Oakgreen Place North, Oak Park Heights, Minnesota; and WHEREAS, the City Council finds that the addition as proposed would consist of a three -season porch that would be located 14 feet from the rear property line. The City Council further finds that a variance is required and that a 30 -foot setback is established from rear property lines in the R -1 single family residential district which is the district in which the Lombard home is • located; and WHEREAS, the City Council finds that the Planning Commission conducted a public hearing at which time public comment was received as it affects this application and determined that there is no hardship demonstrated by the applicant to justify the granting of a variance; and WHEREAS, the City Council finds that Zoning Ordinance, § 401.04A.5 provides: "Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or buildings involved in which are not applicable to other lands, structures or buildings in the same district: A. Special conditions may include exceptional topographic or water conditions or in the case of existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. B. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this title. C. Special conditions and circumstances causing undue hardship shall s not be a result of lot size or building location when the lot qualifies • as a buildable parcel." and WHEREAS, there are no special circumstances or conditions related to topography, vegetation, water conditions or other site conditions that would otherwise justify the granting of a variance under these circumstances; and WHEREAS, the applicants have other options open to them for placement of an addition on their lot in a manner that would not require a variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the application as submitted by Joel and Carol Lombard seeking a variance to rear yard setback in order to construct an approximate 500- square foot addition to their home at 5527 Oakgreen Place North be and the same here is denied. 2. That the City Administrator for the City of Oak Park Heights is hereby authorized and directed to enter this Resolution within the official minutes of the meetings of the City of Oak Park Heights and to enter a copy thereof in the application file related to this matter. 1999. Passed by the City Council for the City of Oak Park Heights this 23rd of November, • David Schaaf, ayor ATTEST: Thomas Melena City Administrator • 2 IL RESOLUTION NO. 9 9 - 11 -42 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A 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, 2000 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, $2,540.00 per • acre. 2. Municipal water connection charge, $4,420.00 per acre. 3. Storm sewer connection charge, $5,600.00 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 Heights this 23rd day of November, 1 X39. David Schaaf, ayor AT ST: Thomas Melena City Administrator • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Oak Park Heights, Minnesota, was duly called and held at the City Hall in said City on the 29th day of November, 1999 at 3:30 o'clock p.m. The following members were present: Mayor David Schaaf Councilperson David Beaudet Councilperson Lynae Byrne Councilperson Mark Swenson Councilperson Jerry Turnquist and the following were absent: None Member Swenson introduced the following resolution and moved its adoption: • RESOLUTION ADOPTING ASSESSMENT ROLL FOR KERN CENTER IMPROVEMENTS OF 1998 WHEREAS, pursuant to notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed assessment for the project specified as the Kern Center Improvements of 1998 Project and has concluded that the proposed assessment roll as prepared is appropriate and should be adopted and is just; NOW THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. Such proposed assessment, a copy of which is attached hereto and made hereof by reference, is hereby accepted and shall constitute the special assessment 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. The assessment shall be payable in equal annual installments, including principal and interest extending over a period of fifteen (15) years with the interest at the rate of six percent (60) per annum in the amount annually to pay the principal over such period at such rate, the first of said installments to be • payable with the general taxes for the year 2000 collectible with • taxes during the year 2000. b. The owner of the property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the City Finance Director, and thereafter at any time prior to November 5 of any subsequent year, pay to the City Finance Director the whole of the principal amount of said assessment on such property, provided that no such payment shall be accepted without payment of all installments due 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 of this assessment to the County Auditor to be extended on the tax list of the County. The motion for the adoption of the foregoing resolution was duly seconded by Member Byrne and upon a vote being taken thereon, the following voted in favor thereof: Mavor Davie Schaaf Councilperson Mary Swenson Councilperson Lynae Byrne . Councilperson Jerry Turnquist and the following voted against same: ..Councilperson David Beaudet Whereupon said resolution was declared duly passed and adopted. • STATE OF MINNESOTA ) • COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS) I, the undersigned, being the duly qualified and acting City 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 minutes of a meeting of the City Council held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to adopting assessments of the Kern Center Improvements of 1998 and that notice of said meeting was duly given in accordance with law. WITNESS my hand and the seal of the City this 2 9th day of November , 1999. City Administrator (SEAL) i CERTIFICATION OF ASSESSMENTS TO WASHINGTON COUNTY AUDITOR'S OFFICE BY CITY OF OAK PARK HEIGHTS Date Submitted: November 30, 1999 Indicate One Of The Following As An Acitivity Code: (A) Add (D) Delete Project #80825 Project Description: Kern Center Improvements of 1998 Start Year: 2000 Years Covered: 15 Interest Rate: 67 Activity Code Property # Assessment Amount (A) R -06- 029 -20 -24 -0007 $23,799.5 5 (A) R -06- 029 -20 -24 -0008 $18,488.01 (A) R -06- 029.20 -24 -0009 $18,488.01 (A) R -06- 029.20 -24 -0010 $19,516.05 (A) R -06- 029 -20 -24 -0011 $21,229.45 (A) R -06- 029 -20- 24.0012 $19,516.05 (A) R -06- 029 -20 -24 -0013 $18,488.01 (A) R -06- 029 -20 -21 -0004 $18,488.01 (A) R -06- 029 -20 -21 -0005 $18,488.01 (A) R -06- 029 -20 -21 -0006 $18,488.01 (A) R -06- 029 -20 -12 -0004 $52,156.32 (A) R -06- 029 -20 -12 -0005 $12,833.79 (A) R -06- 029 -20 -12 -0006 $38,020.77 (A) R -06- 029 -20- 21.0002 $30,053.46 (A) R -06- 029 -20- 21.0003 $22,000.00 (A) R -06- 029.20 - 12.0007 $45,988.08 (A) R -06- 029 -20 -24 -0004 $40,762.21 (A) R -06- 029 -20 -24 -0005 $26,455.32 (A) R -06. 029 -20 -24 -0006 $41,276.23 (A) R -06- 029 -20 -13 -0001 $18,488.01 (A) R -06- 029 -20 -13 -0002 $18,488.01 (A) R -06. 029 -20 -13 -0003 $18,488.01 $559,999.37 11/29/99 Page 1 Kern Center Improvements 1998 • CITY OF OAK PARK HEIGHTS RESOLUTION 99 -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 2000 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 23rd day of • November, 1999. Mayor ( D Attest: City Administrator • EXHIBIT A • CITY OF OAK PARK HEIGHTS 2000 LICENSES Off -Sale Liquor Licenses F.T.L. Corporation - dba MGM Liquor Warehouse Cellars Wines & Spirits of O.P.H., Inc. dba Cellars Wines & Spirits Timark Inc. dba Millroad Inn On -Sale Liquor Licenses Ming Sun Chu - dba Stone Lake Restaurant VFW 323 dba Greeder -Hinds Comfort Post Stillwater Eagles Aerie #94 dba Stillwater Eagles 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 On -Sale Sunday Liquor Licenses • Ming Sun Chu - dba Stone Lake Restaurant VFW 323 dba Greeder -Hinds Comfort Post Stillwater Eagles Aerie #94 dba Stillwater Eagles 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 On -Sale Non - Intoxicating Liquor License Pizza Huts of the Northwest, Inc. - dba Pizza Hut #426026 SKR, Inc. - dba Carbone's Pizzeria Off -Sale Non - Intoxicating Liquor License F.T.L. Corporation - dba MGM Liquor Warehouse Cellars Wines & Spirits of O.P.H., Inc. dba Cellars Wines & Spirits Amusement Licenses Wal -Mart Store #1861 Timark Inc. dba Millroad Inn • Letru Inc. dba Stillwater Bowl & Lounge Metro Coin for Stillwater Eagles Aerie #94 City of Oak Park Heights 2000 Licenses Page 2 Tobacco Licenses Wal -Mart Store #1861 Snyder Drug Store #75 VFW 323 dba Greeder -Hinds Comfort Post Stillwater Eagles Aerie #94 dba Stillwater Eagles F.T.L. Corporation - dba MGM Liquor Warehouse The Cellars Wines & Spirits of O.P.H., Inc. dba The Cellars Wines & Spirits Apple American Ltd Ptsp of MN dba Applebee's Neighborhood Grill /Bar Erickson Post Acquisition, Inc. dba Stillwater Amoco Holiday Stationstores, Inc. - dba Holiday Stationstore #237 Timark Inc. dba Millroad Inn Speedway Superamerica #4453 Speedway Superamerica #4549 Bingo Licenses VFW 323 dba Greeder -Hinds Comfort Post Stillwater Eagles Aerie #94 dba Stillwater Eagles • a WA Memo November 19, 1999 To: Mayor & Council From: Judy Holst, Deputy Clerk/Finance Director Re: License Renewals Please add renewal of Off -Sale Non - Intoxicating Liquor and Tobacco License for Rainbow Food Group Inc. dba Rainbow Foods to Exhibit A of the resolution approving renewal of year 2000 licenses. This application is late because it was sent certified and was held at the post office and not picked up until Friday. . CITY OF OAK PARK HEIGHTS COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 99 -11 -40 RESOLUTION REGARDING POSSIBLE CONTAMINATION CLEAN -UP WITHIN CENTRAL BUSINESS DISTRICT PLANNING AREA WHEREAS, the City has begun a planning process for a Central Business District located generally between Norell and Oakgreen Avenues and 58' and 60" Streets North, including the preparation of a Central Business District Urban Design Study; and WHEREAS, some of the land within the proposed Central Business District may contain pollution or other contamination which would need to be remediated; and WHEREAS, the costs of remediating any such contamination may be payable in whole or in part from landowner contributions, from grants or other funds available from the • Minnesota Pollution Control Agency, the Minnesota Department of Trade and Economic Development, the Metropolitan Council and other governmental agencies, and possibly from tax increment revenues derived from soils condition or other contamination - related tax increment financing districts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, that staff is authorized to investigate the availability of such programs and sources of grant or other funds. It is recognized that many such programs require the completion of an MPCA- approved action response plan which identifies any contamination, the remediation measures which would be necessary, and the estimated costs thereof, and that in order to obtain such a plan it is first necessary to have environmental audits and examinations of the property completed. It is the City's preliminary intention that the cost of these preliminary investigations, if undertaken, would also comprise portions of the costs of necessary remediation and would be eligible for reimbursement from such grants or other funding sources described above. In addition, it is also the City's intent that it would be reimbursed from such funding sources for preliminary expenditures by the City to temporarily finance the necessary environmental auditing and investigation activities. In • 1094978.1 itself, this resolution is not an authorization to commence those investigations or to pay any of the costs thereof, and Council decision on those matters is expressly reserved. Dated: November 9 , 1999 N ayor ATTEST: City Administrator • (Seal) 1094978.1 Minnesota Manufacturers Week Whereas: Manufacturing has the largest total $ j A M payroll of any business sector in Minnesota. � 4 Providing $16 billion in 1996 wages, and 9 Whereas: Manufacturing produces $27.1 billion for the state economy and is the second largest l ' single share (18.9 %) of our gross product, and ' a Whereas: Manufacturing exports brought nearly - $9.53 billion into the Minnesota economy in 1997, and Whereas: Manufacturing provides high skill, high wage jobs which significantly contribute to Minnesotas high standard of living and > 7 economic vitality, and Whereas: Manufacturing contributed nearly $216 million in corporate income taxes in d db Minnesota, more than any other business sector, and almost 28 percent of total corporate income taxes in 1998; Now Therefore, I David D. Schaaf . Mayor of Oak Park Heights Minnesota, do hereby proclaim the week of October 25 -29, to be Minnesota Manufacturers Week In WitnessWhereof, I have hereunto set my hand and caused the Great Seal of the City of Oak Park Heights Minnesota to be affixed at the City Office this enty -fifth day of October, One Th nd n' e dred d ni -nin M or City Administrator • RESOLUTION NO. 99 - 10 -39 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 1999 TAX LEVY, COLLECTIBLE IN 2000 Whereas, the State of Minnesota has enacted Chapter 243, Laws of Minnesota 1999, Article 6, Section 2 requiring a city council to have adopted and filed an authorizing resolution if its city's tax rate turns out to be higher the following year than a theoretical tax rate for the previous year under the law: Therefore, be it resolved by the City Council for the City of Oak Park Heights, County of Washington, that the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2000 that is higher than the tax rate calculated for the City for taxes levied in 1998, collectible in 1999. • Adoption of this resolution does not rohibi p t the City from certifying a final levy that will result in no tax rate increase or a tax rate decrease. The City Administrator is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota. Adopted by the City Council of the City of Oak Park Heights on the 12 day of October, 1999. 9 4 D vid Schaa /,M or Z ST: Thomas Melena • City Administrator • PROCLAMATION WHEREAS: Serious social problems concern our nation and threaten its future; and WHEREAS: Connecting with others and working together through volunteer services can bridge the differences that separate people and help solve serious problems; and WHEREAS: We, the American people, have a tradition of philanthropy and volunteerism; and WHEREAS: Millions of self - sacrificing individuals touched and enhanced the lives of millions on the ninth annual day of doing good by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn and inspiring those who had lost hope; and WHEREAS: USA WEEKEND and its affiliate newspapers and The • Points of Light Foundation and its affiliate volunteer centers, have joined to promote an annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and WHEREAS: Volunteer service is an investment in the future we all must share; NOW; THEREFORE, I, David Schaaf, Mayor of the City of Oak Park Heights, do hereby proclaim October 23, 1999 as "Make A Difference Day" in Oak Park Heights, Minnesota, and urge my fellow citizens to observe this day by connecting with friends fellows employees and relatives and with religious, school and civic groups to engage in projects benefiting th ' community. Signed this 28th day of September, 1999. David Schaaf, May • i • RESOLUTION 99- 09 -37 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2000 PROPOSED BUDGET WHEREAS, the City Staff has prepared and submitted to the City Council it's proposed budget for calendar year 2000; 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 citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights as follows: 1. That the 2000 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $2,248,020.00. 2. That the City Administrator is hereby authorized and directed to certify to the Washington County Auditor- Treasurer the Proposed General Fund levy for the City of Oak Park Heights for the calendar year 2000 in the amount of $1,451,000.00. 3. The City Administrator is also authorized and directed to certify to the County Auditor - Treasurer for collection the proposed sum of $59,400.00 for General Obligation Bonds of 1995, to be collected in calendar year 2000. Passed by the City Council for the City of Oak Park Heights this 14th day of September 1999. David D. Schaaf, /ayor Attest: i • Thomas M. Melena Administrator �f • RESOLUTION NO 99 09 - 35 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING A 30 MILE AN HOUR SPEED ZONE ON MEMORIAL AVENUE AS THE SAME EXISTS WITHIN THE CITY OF OAK PARK HEIGHTS AND FURTHER DIRECTING THE PLACEMENT OF STOP SIGNS AT 55TH AND MEMORIAL TO STOP THE SOUTHBOUND TRAFFIC ON MEMORIAL AT 55TH STREET WHEREAS, the City Council for the City of Oak Park Heights has received the recommendation from the Chief of Police of the City of Oak Park Heights as it affects speed zones to be established on Memorial Avenue and the placement of stop signs to control traffic southbound on Memorial Avenue onto 55th Street; and, WHEREAS, the recommendations are consistent with the best interest and needs of the residents of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: 1. That the Director of Public Works, in conjunction with the Chief of Police, are herewith authorized and directed to post Memorial Avenue within the City of Oak Park Heights for a maximum speed zone of 30 miles per hour. 2. That the Director of Public Works, in conjunction with the office of the Police Chief of the City of Oak Park Heights, are herewith authorized and directed to post stop signs controlling the traffic southbound on Memorial Avenue as it enters onto 55th Street within the City of Oak Park Heights to stop the traffic on Memorial Avenue before it enters into the 55th Street right-of-way. 3. That the office of the Chief of Police is herewith authorized and directed to enforce the speed zones and the stop regulations as soon as the signs have been posted in the area. • • Passed by the City Council for the City of Oak Park Heights this 14th day of September, $9. David Schaaf, M yor ATTEST: Thomas Melena City Administrator • • RESOLUTION NO. 99- 09 -34 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING A NO PARKING ZONE ON OAK PARK BOULEVARD AND DIRECTING THE PLACEMENT OF NO ENTRY SIGNS FROM THE OAK PARK HEIGHTS MUNICIPAL PARKING LOT TO 57TH STREET WHEREAS, the City has recently constructed Oak Park Boulevard extending from Oakgreen Avenue into the City Hall; and, WHEREAS, Oak Park Boulevard currently comes to an end within the municipal parking lot; and, WHEREAS, the traffic plan adopted by the Council as part of the construction of Oak Park Boulevard anticipated the traffic going west from 57th Street through the City parking lot west onto Oak Park Boulevard and out to Oakgreen, but anticipated further that there would be no through traffic heading east from the Oak Park municipal parking lot onto 57th Street; and, • WHEREAS, the Chief of Police has recommended the placement of no parking signs to prohibit on- street parking on Oak Park Boulevard. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: 1. That the Director of Public Works is herewith authorized and directed to place no parking signs along both sides of Oak Park Boulevard to prohibit any and all on- street parking on Oak Park Boulevard. 2. That the Director of Public Works is hereby directed to post "Do Not Enter" signs at the entrance of the municipal parking lot accessing to 57th Street to preclude and prohibit the easterly flow of traffic from the municipal parking lot onto 57th Street. Further the Director of Public Works is directed to place appropriate signage at the entrance to Oak Park Boulevard to alert traffic that there is no outlet to 57th Street and that all east bound traffic ends at city hall. 3. That the Chief of Police for the City of Oak Park Heights is herewith authorized and directed to enforce both the no parking and the do not enter regulations as it affects Oak Park Boulevard and 57th Street as soon as the placement of signs has • been implemented. Further, that the Chief of Police will r coordinate with the Director of Public Works as it affects the placement of all such signage. Passed by the City Council for the City of Oak Park Heights this 14th day of September, 99. David Schaaf, Ma or AT ST: Thomas Melena City Administrator • • • RESOLUTION NO. 99- 09 -33 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING 58TH STREET FROM NORELL TO OAKGREEN AS A NO ON- STREET PARKING ZONE WHEREAS, the City Council for the City of Oak Park Heights has recently constructed 58th Street from Norell Avenue to Oakgreen Avenue within the City of Oak Park Heights; and, WHEREAS, the Chief of Police has recommended the posting of "No Parking" signs on both sides of 58th Street from Oakgreen to Norell to make that street consistent with its current no parking regulation from Trunk Highway 5 to Norell Avenue; and, WHEREAS, the same is consistent with the traffic pattern which has been planned and proposed by the office of the Chief of Police as well as the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED, by the City Council for • the City of Oak Park Heights as follows: 1. That the Director of Public Works is herewith authorized and directed to post "No Parking" signs on both sides of 58th Street as the same exists from Norell Avenue to Oakgreen Avenue within the City of Oak Park Heights. 2. That the Chief of Police for the City of Oak Park Heights is herewith authorized and directed to enforce the no parking zone effective as of the date of placement of the signage. Passed by the City Council for the City of Oak Park Heights this 14th day of September, 1 9. 7 David Schaaf, Payor ATTT ST: Thomas Melena City Administrator • �" • RESOLUTION NO. 99 - -32 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A 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 Statutes 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 community 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 Statutes 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 2000, a metropolitan area • municipality that participated in the Local Housing Incentive Account Program during the calendar year 1999, 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, 1999; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life - cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2000. Passed by the City Council for the City of Oak Park Heights this 14'g day of ,x_p4e x � ` , 1999 . David Schaaf, Mayor AT T: Thomas Melena City Administrator • • CITY OF OAK PARK HEIGHTS COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DEVELOPMENT DISTRICT NO. 1 OF THE CITY OF OAK PARK HEIGHTS WHEREAS, on September 11, 1989, the City of Oak Park Heights (the "City ") approved its Tax Increment Financing District No. 1 (the "District ") within its Redevelopment Project; and WHEREAS, the City received tax increment for the first half taxes on July 8, 1999. The City is not entitled to receive any increments after September 11, 1999, so no further increment from the District is payable to the City. WHEREAS, the City desires by this resolution to cause the • decertification of the District. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the City's staff shall take such action as is necessary to cause the County Auditor of Washington County to decertify the District as a tax increment district and to no longer remit tax increment from the District to the City. Dated: 1999 Mayor ATTEST: City Administrator (Seal) RESOLUTION NO. 9 9 -07 -30 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RENAMING NOVAK AVENUE AS DEPICTED IN THE PLAT OF HAASE ADDITION TO NORWICH AVENUE NORTH WHEREAS, the City of Oak Park Heights has adopted and follows the County uniform street naming system; and, WHEREAS, the City of Oak Park Heights previously approved the plat of Haase Addition executing same on July 10, 1995; and, WHEREAS, there is depicted within the plat of Haase Addition street known as Novak Avenue North; and, WHEREAS, the consecutive naming of north /south streets to areas west and south of Haase Addition require the renaming of Novak Avenue North to Norwich Avenue North; and, WHEREAS, the properties located in Haase Addition do not currently have improvements that are addressed onto Novak Avenue North and there does not appear to be any prejudice or damage to any property owner by the renaming of said street; and, WHEREAS, the office of the Washington County Surveyor has requested the renaming of Novak Avenue North as depicted within Haase Addition to Norwich Avenue North. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the street known as Novak Avenue North as depicted within the plat of Haase Addition be and the same is hereby renamed to Norwich Avenue North. Passed by the City Council for the City of Oak Park Heights this day of July, 1999. David Schaaf , , or ATTEST: Thomas Melena City Administrator I 6 , RESOLUTION NO. 99- 07 -:9 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING THE OAK PARK HEIGHTS POLICE DEPARTMENT TO MAKE APPLICATION IN CONJUNCTION WITH THE WASHINGTON COUNTY SHERIFFS OFFICE TO THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY OFFICE OF TRAFFIC SAFETY FOR ENROLLMENT WITHIN THE SAFE AND SOBER COMMUNITY PROJECT FOR THE PERIOD OF TIME OF OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000 WHEREAS, Safe and Sober is a National Traffic Safety Campaign designed by the National Highway Traffic Safety Administration seeking to unite national, state and local efforts to reduce impaired driving crashes and increase safety belt and child seat use with enhanced and enforcement efforts in public information and educational activities; and, WHEREAS, the Chief of Police for the City of Oak Park Heights has recommended to the City Council that the City of Oak Park Heights coordinate and enter into a Grant application with the Washington County Sheriff's Department, the Stillwater Police Department and the Bayport Police Department to be submitted to the Minnesota Department of Public Safety, Office of Traffic Safety for Grant funds, which would enable the City of Oak Park Heights and • the Washington County Sheriff's Office to enter the Safe and Sober Communities Project for the period of time of October 1, 1999 through September 30, 2000; and, WHEREAS, the Office of Traffic Safety where the Minnesota Department of Public Safety currently has funds available to establish safe and sober programs within local communities, which funds are issued on a competitive Grant basis; and, WHEREAS, the implementation of the Safe and Sober Program within the Oak Park Heights Community could have a significant effect on public safety by increasing public awareness of the risks associated with highway travel and educating the public as to what can be done to manage those risks by use of seat belts and sober driving and to publicly communicate to the community a special enforcement efforts that are about to be implemented within the community effecting the safe and sober program and also providing a report back to the community with regard to the result achieved through the program; and, WHEREAS, the City Council for the City of Oak Park Heights feels that the best interest and public safety of its citizens could be furthered by applying for the Grant Application in conjunction with the Washington County Sheriff's Department, the Stillwater Police Department and the Bayport Police Department. • i . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARR HEIGHTS AS FOLLOWS: That the Oak Park Heights Police Department enter into a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled "Safe and Sober Communities During the Period of Time from October 1, 1999 through September 30, 2000. BE IT FURTHER RESOLVED, that Chief of Police, Lindy Swanson of the Oak Park Heights Police Department is hereby authorized and directed to execute such agreements as may be necessary to implement the project on behalf of the City of Oak Park Heights Police Department. BE IT FURTHER RESOLVED, that Brenda Davitt of the Washington County Sheriff's Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the City of Oak Park Heights Police Department. Passed by the City Council for the City of Oak Park Heights this 13th day of July, 1999. David Schaaf /Mayor ATTEST: JUW01 Ho t Deputy ity Clerk • • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) es• CITY OF OAK PARK HEIGHTS } I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Oak Park Heights, Minnesota, DO HERESY CERTIFY that I have compared the attached and foregoing Resolution with the original thereof on file in my office, and that the same is a full, true and complete copy thereof. WITNESS my hand and the seal of said City this 1 -31h day of July 1999. 4 Ju ort (S D ty ity Clerk CITY OF OAK PARK HEIGHTS COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 99 -06 -28 RESOLUTION APPROVING REDEVELOPMENT PROJECT AND TAX INCREMENT FINANCING DISTRICT PLANS BE IT RESOLVED by the City Council (the "Council ") of the City of Oak Park Heights, Minnesota (the "City "), as follows: Section 1. Recitals: Determinations. 1.01. It has been proposed by the Oak Park Heights Economic Development Authority (the "Authority ") that the Authority ratify its Redevelopment Project (the "Redevelopment Project "); amend the Redevelopment Plan for the Redevelopment Project; and amend the Tax Increment Financing Plan for the Tax Increment Financing District currently existing within the Redevelopment Project (collectively, the "Plans "); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 through 469.108 and 469.174 through 469.179; all as reflected in that certain document entitled in part "Tax Increment and • Project Amendments of the Oak Park Heights Economic Development Authority," dated June 22, 1999, and presented for the Council's consideration. 1.02. The Council has investigated the facts relating to the Plans. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the Plans, including, but not limited to, prior notification of the County and School Boards, a review of and written comment on the Plans by the City Planning Commission, and the holding of a public hearing thereon following at least 10 but not more than 30 days prior published notice thereof, as required by law. 1.04. Certain written reports (the "Reports ") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and submitted to the Council and/or made a part of the City or Authority files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the bases for the other findings and determinations made in this Resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05. The Redevelopment Project, the Redevelopment Plan and the existing tax increment financing district and plan (the "Existing TIF District') within the Redevelopment • 1048306.1 Project (collectively, the "Original Plans ") were approved by the Oak Park Heights Housing and Redevelopment Authority (the "HRA ") with the consent and approval of the Council. The City hereby transfers the control, authority and operation of the Original Plans, as amended and supplemented by the Plans, to the Authority, as authorized by Minnesota Statues, Section 469.094, Subdivision 2. The Authority may then exercise all of the powers that the HRA could exercise with respect to these Original Plans, provided that the Authority shall covenant and pledge to perform the terms, conditions, and covenants of all bond indentures and other agreements executed for the security of any bonds issued and other activities undertaken with respect to the Original Plans. Section 2. Findines for the Adoption and Avnroval of the Plans. 2.01. The Council hereby finds that the Plans are in the public interest because they will assist the Authority in continuing to achieve the desired development and redevelopment goals within the Redevelopment Project. 2.02. The Council further finds that the proposed development and redevelopment would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary; that the Plans conform to the general plan for the development or redevelopment of the City as a whole because the Redevelopment Project is properly zoned for the intended uses, and the anticipated development is in furtherance of long range plans of the City for that area; and that the Plans will afford • maximum opportunity consistent with the sound needs of the City as a whole, for the development of the Redevelopment Project by private enterprise because they will enable the Authority to provide and finance suitable and necessary public inducements. 2.03. The Council further finds that the Plans are intended and, in the judgment of this Council, their effect will be, to promote the public purposes and accomplish the objectives specified in the Tax Increment Financing Plan for the Existing TIF District and the Redevelopment Plan. Section 3. Avnroval and Adoption of the Plans. 3.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the City Administrator. 1048306.1 s Adopted this 22 " day of June, 1999, by the Oat- Park Heights City Council. Mayor City Clerk The adoption of the foregoing resolution was moved by Councilmember Mark Swenson , which motion duly seconded by Councilmember Jerry Turnquist , and upon vote being taken thereon, the following voted in favor thereof: Mark Swenson Jerry Turnquist Lynae Byrne Mayor David Schaaf and the following voted against the same: • David Beaudet • 1048306.1 • CITY CLERK'S CERTIFICATE I, the undersigned, being the duly qualified and acting City Clerk of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a duly called and regularly held meeting of the City Council of said City held on June 22, 1999, with the original minutes thereof on file in my office and I further certify that the same is a full, true, and correct transcript thereof insofar as said minutes relate to the tax increment and related actions referenced therein with respect to the Oak Park Heights Economic Development Authority's Redevelopment Project and Tax Increment Financing District therein. WITNESS My hand officially and the official seal of the City this M day of • , 1999. City Clerk Oak Park Heights, Minnesota (SEAL) 1048306.1 RESOLUTION 99 -06 -27 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE A CONTRACT WITH WASHINGTON COUNTY RELATED TO THE INSPECTION AND MANAGEMENT OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS WHEREAS, the City Council adopted Ordinance Number 305 on March 10, 1999 to revise the regulations for individual sewage treatment systems, and WHEREAS, Ordinance 305 adopted the Washington County Model Code for regulating the specifications, installation and maintenance of individual sewage treatment systems; and WHEREAS, the City does not currently employ personnel certified for the inspection and management of individual sewage treatment systems. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS: The City Administrator is authorized to negotiate a contract with Washington County for the inspection and management of individual sewage treatment systems in the City of Oak Park Heights. ADOPTED by the City Council of the City of Oak Park Heights on June 22, 1999. CITY OF AK PARK HE HT David Schaaf, M or ATTEST: Thomas Melena, City Administrator • I NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH • MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: June 17, 1999 I RE: Oak nark Heights - Individual Sewage Treatment System Inspection FILE NO: 798.04 - 99.09 As you are aware, the City revised its regulations for individual sewage treatment (septic) • systems in March of 1998. At that time, the City adopted the Model Code of Washington County for the regulation of septic systems. The City must also develop a system for inspection of septic systems as required by the Minnesota Pollution Control Agency 7080 Rules. Additionally, the Metropolitan Council, in order to review and comment on our Comprehensive Plan wants to see a mechanism established for septic tank inspection. City staff recommends that the City Council adopt a resolution authorizing the City Administrator to negotiate a contract with Washington County for inspection services related to individual sewage treatment systems. The City Building Inspector is not certified for septic tank inspections. Further, staff recommends that the City Council consider this at their June 22, 1999 meeting. • 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 61 2- 595 -9636 FAX 612- 595 -9837 E -MAIL NAC @WINTERNET.COM • CITY OF OAK PARK HEIGHTS RESOLUTION 99 -06 -26 IT IS RESOLVED that the City of Oak Park Heights enter into Mn/DOT Agreement No. 76528 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the turn lane and signal system construction and other associated construction performed upon and along Trunk Highway No. 5 at 58th Street North, and upon and along Southeast Frontage Road near 58" Street North within the corporate City limits under Supplemental Agreements No. 3 and No. 5 to Contract No. S97052 for State Project No. 8214 -119 (T.H. 5 =045). IT IS FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement. (Title) CERTIFICATION • State of Minnesota County of Washington I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Oak Park Heights at an authorized meeting held on the 8th day of June , 1999, as shown by the minutes of the meeting in my possession. (Signature) Subscribed and sworn to before me this J + day of ' _ 1999 (Type or Print Name) UL Notary Public i�t.: _I , � 7 : ; rr,A (q-i.; (Title) v My Commission Expires .plUE A. H -&84 TA p01TARY Pl18LIC - 80 WA8HINaT9i, my eommiaffioni xplr01f. 31.2000 RESOLUTION NO. - 99 -06 -25 • RESOLUTION AUTHORIZING SPEED STUDY BE IT RESOLVED, that the City of Oak Park Heights hereby requests that the Minnesota Department of Transportation conduct a speed zone study along 58th Street between Trunk Highway 5 and Oakgreen Avenue and to report the results of the study to the City of Oak Park Heights. Passed this June 8 , 1999. 44, Mayor Attest: City Clerk • • • CERTIFICATION State of Minnesota County of Washington I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Oak Park Heights at an authorized meeting held on the 8th day of June, 1999, as shown by the minutes of the meeting in my possession. (Signature) �L 150- k1. Seh IeLGYV -K (Type of Print Name) -0Ar&t',n� (Title) Subscribed and sworn to before me this • 154h day of �; , ' 1999 Notary Public ; ; L A J i - Lu4 4rn a n � A A My CanmMalon Expires 1-3i-20N Commission Expires 1 1 2 CCC Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer B onestroo Principals: Otto G. Bonestroo, P.E. • Joseph C. Anderlik, P.E. • Marvin L. Sorvala, PE. Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. Rosene Robert W. Rosene, PE., Richard E. Turner, PE. and Susan M. Eberlin, C.P.A., Senior Consultants Anderlik & Associate Principals: Howard A. Sanford, P.E. • Keith A. PF • Robert R. Pfefferle, P.E. Richard W. Foster, P.E. • David O. Loskota. P.E. • Robert C. R fs k W Michael T Rautmann, P.E. • Ted K.Field, P.E. • Kenneth P. An r R Associates P Williamson, RE., L.S. • Robert E Kotsmith • Agnes hl. r Nua....4.. Offices: S[ Paul, Rochester, Willmar and SL Cloud, MN • M. va ea. WI i Engineers & Architects Websrte: www.bonestroo.com JUN — I May 28, 1999 Mr. Tom Melena_, Administrator City of Oak Park Heights P.O. BOX 2007 Oak Park Heights, MN 55082 -2007 Re: Speed Resolution Our File No. 55Gen Dear Tom: Enclosed is a draft resolution that should be adopted by the City Council to initiate the speed study. After adoption, please forward two copies of the resolution with the Clerks Certification to our office and we will transmit them to MN/DOT and coordinate the activity. Very truly yours, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Joseph C. Anderlik Enclosure 2335 West Highway 36 a St. Paul, MN 55113 ■ 651-636-4600 ■ Fax: 651-636 -1311 ,ilk CITY OF OAK PARK HEIGHTS 14168 North 57th Street • P.O. Box 2007 Oak Park Heights, MN 55082 -2007 • Phone: 651/439 -4439 • Fax: 651/439 -0574 June 15, 1999 Mr. Joseph C. Anderlik Bonestroo, Rosene, Anderlik & Associates 2335 West Highway 36 St. Paul, MN 55113 Re: Speed Resolution Your File No. 55Gen Dear Joe, Enclosed please find two copies of the signed Resolution Authorizing Speed Study and an original Certification. If you have any questions or need any further information, please give me a call. Sincerely, Lisa M. Schleusner Administrative Secretary/Deputy Clerk /lms Enclosures Tree City U.S.A. Extract of Minutes of Meeting of the • City Council of the City of Oak Park Heights, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at City Hall in said City of Oak Park Heights, on Tuesday, the 11th day of May, 1999 at 7 o'clock P.M. The following Council members were present: Mayor Schaaf, Councilmember Byrne, Beaudet, Swenson, & Turnquist and the following were absent: None Mavor Sc haaf then introduced and read the following written resolution and moved its adoption: • 99_ -05 -24 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF ELDERLY HOUSING REVENUE REFUNDING BONDS (BOUTWELLS LANDING PROJECT), SERIES 1999A TO PROVIDE FUNDS FOR AN ELDERLY HOUSING PROJECT, ON BEHALF OF VALLEY SENIOR SERVICES ALLIANCE The motion for the adoption of the foregoing resolution was duly seconded by Council member Swenson , and upon vote being taken thereon the following voted in favor thereof: Mayor Schaaf, Councilmember Beaudet, Swenson, & Turnquist and the following voted against the same: and the following abstained: Councilmember Byrne whereupon said resolution was declared duly passed and adopted. 1045868.2 99 -05 -24 A RESOLUTION PROVIDING FOR THE ISSUANCE • AND SALE OF ELDERLY HOUSING REVENUE REFUNDING BONDS, (BOUTWELLS LANDING PROJECT), SERIES 1999A TO PROVIDE FUNDS FOR AN ELDERLY HOUSING PROJECT, ON BEHALF OF VALLEY SENIOR SERVICES ALLIANCE BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota (the "City "), as follows: 1. Authority. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 462C, as amended (the "Act "), authorized to issue and sell its revenue bonds for the purpose of financing or refinancing the cost of housing developments for the elderly and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Description of Proiect. Refunding. On December 30, 1998 the City issued its $8,000,000 Elderly Housing Revenue Bonds (Boutwells Landing Project), Series 1998A (the "1998A Bonds ") and its $30,000,000 Elderly Housing Revenue Bonds (Boutwells Landing Project), Series 1998B (the "1998B Bonds" and together with the 1998A Bonds the "1998 Bonds "), pursuant to the Act and loaned the proceeds thereof to Valley Senior Services Alliance, a Minnesota nonprofit corporation (the ACompany @), in order to provide financing with respect to costs of the acquisition, construction and equipping of an elderly housing development consisting of approximately 228 rental units located at South of 58` Street and Norell Avenue including units for independent living, assisted living and cottage living and an approximately 75,000 square foot central building with dining, laundry, offices and common areas (the "Project "). A portion of the 1998A Bond proceeds are currently being disbursed at the direction of the City for costs of the Project; however pursuant to the documents relating to the 1998B Bonds no 1998B Bond proceeds can be disbursed until a series of real estate documents have been prepared and approved. The holder of the 1998B Bonds has agreed to permit up to $10,000,000 of 1998B Bonds to be redeemed and refunded and the holder of the 1998A Bonds has agreed to permit a second mortgage on the Project to secure the 1999A Bonds. The Company has proposed to this Council that the City issue its Elderly Housing Revenue Refunding Bonds (Boutwells Landing Project) Series 1999A (the A1999A Bonds) in a principal amount not to exceed $10,000,000 to redeem and refund a like principal amount of the 1998B Bonds. Repayment of the 1999A Bonds will be secured by, among other collateral, a Guaranty from The Presbyterian Homes of Minnesota, Inc. (the AGuarantor @). Proceeds of the 1998B Bonds in an amount equal to the principal amount of the 1999A Bonds will be transferred to the Project Fund created under the Indenture (as hereafter defined) and will be available to be disbursed to pay current Project costs. 40 3. Documents Presented. Forms of the following documents related to the 1999A Bonds have been submitted to the City: 1045868.2 2 . (a) The Loan Agreement (the "Loan Agreement ") dated as of May 1, 1999 between the City and the Company, pursuant to which Loan Agreement the Company agrees to pay amounts In repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the 1999A Bonds; and (b) The Indenture of Trust (the "Indenture ") dated as of May 1, 1999, between the City and Firstar Bank of Minnesota, N.A., as trustee (the "Trustee "), authorizing the issuance of and pledging certain revenues, including those to be derived from the Loan Agreement, as security for the 1999A Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (c) The Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment of Leases and Rents (the "Mortgage "), dated as of May 1, 1999, from the Company to the City, by which the Company grants to the City a mortgage lien on and security interest in certain mortgaged property, as described therein, as further security for the payment of the 1999A Bonds and assigns to the City its interests in all leases and rents with respect to the mortgaged property; and (d) The Assignment of Mortgage (the "Assignment ") dated as of the date of delivery of the 1999A Bonds, from the City to the Trustee, by which the City assigns its interest in the Mortgage to the Trustee; and • (e) The Guaranty Agreement (the "Guaranty ") dated as of May 1, 1999, from the Guarantor to the Trustee to secure repayment of the 1999A Bonds and the Company's obligations under the Loan Agreement (not executed by the City); and (f) The Disbursing Agreement (the "Disbursing Agreement ") dated as of May 1, 1999 among the Company, the Trustee and Commercial Partners Title, LLC, as disbursing agent, setting forth the conditions to disbursement of amounts held in the Project Fund, as defined in the Indenture, in payment of costs of the Project (not executed by the City); and (g) The Bond Purchase Agreement (the "Bond Purchase Agreement "), among U.S. Bancorp Piper Jaffray Inc. (the "Underwriter "), the Company and the City, providing for the purchase of the 1999A Bonds from the City by the Underwriter and setting forth the terms and conditions of purchase; and (h) The Official Statement describing the offering of the 1999A Bonds, and certain terms and provisions of the foregoing documents relating to the 1999A Bonds (not executed by the City). • 1045868.2 3 1 4. Finding_ s. It is hereby found, determined and declared that: Based on Company representations to City, Project constitutes an elderly (a ) p Y P Y� J Y residential rental project authorized by and described in the Act. (b) There is no litigation pending or, to the City's actual knowledge, threatened against the City relating to the Bonds, the Loan Agreement, the Bond Purchase Agreement, the Indenture or the Assignment (collectively, the "City Bond Documents ") or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. (c) The execution, delivery and performance of the City's obligations under the City Bond Documents do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture under the provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the 1999A Bonds. • (e) Under the provisions ofthe Act, and as provided in the City Bond Documents, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a general or moral obligation of the City or a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the loan repayments to be made by the Company under the Loan Agreement); and each 1999A Bond issued under the Indenture shall recite that such 1999A Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 5. Abnroval and Execution of Documents. The form of Bond and the City Bond Documents are approved. The City Bond Documents are authorized to be executed in the name and on behalf of the City by the Mayor and the City Clerk, at such time, if any, as they may deem appropriate, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof, and then shall be delivered to the Trustee. Modifications to the forms of Guaranty and . Mortgage may be made at the discretion of the parties thereto. 1045868.2 4 . 6. ADDroval. Execution and Delivery of Bonds. The City is authorized to issue the Bonds, in an aggregate principal amount of not to exceed $10,000,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the initial aggregate principal amount of and the maturities of the Bonds, the interest rates thereon, and any provisions for the optional or mandatory redemption thereof shall all be as set forth in the final form of the Indenture, to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities exceed 40 years or such rates of interest produce a net interest cost in excess of 7% per annum. The Underwriter has agreed pursuant to the provisions of the Bond Purchase Agreement and subject to the conditions therein set forth, to purchase the 1999A Bonds at the purchase price set forth in the Bond Purchase Agreement, and such purchase price is hereby accepted. The Mayor, City Clerk and other City officers are authorized to execute the Bonds as prescribed in the Indenture at such time, if any, as they may deem appropriate, and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by Section 2.2 of the Indenture, for authentication, registration and delivery to the Underwriter. 7. Official Statement. As requested by the Underwriter, the City hereby consents to the circulation by the Underwriter of the Official Statement in offering the 1999A Bonds for sale; provided, however, that the City has not participated in the preparation of the Official Statement or independently verified the information in the Official Statement and takes no responsibility for, and • makes no representations or warranties as to, the accuracy, completeness or sufficiency of such information. 8. Certificates. etc. The Mayor, City Clerk and other officers of the City are authorized at such time, if any, as they may deem appropriate, to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 1045868.2 5 • STATE OF MINNESOTA ) ) SS. COUNTY OF WASHINGTON ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Oak Park Heights, Minnesota (the "City "), do hereby certify that attached hereto is a compared, true and correct copy of a resolution giving final approval to an issuance of revenue bonds by the City on behalf of Valley Senior Services Alliance, duly adopted by the City Council of the City on May 11, 1999, at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WITNESS My hand this day of May, 1999. Clem 1045868.2 • RESOLUTION NO. 99-04-23 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DETERMINING FINDINGS OF FACT AFFECTING THE APPLICATION BY INDEPENDENT SCHOOL DISTRICT #834 - STILLWATER AREA SCHOOLS FOR AMENDED CONDITIONAL USE PERMIT AND ISSUING AN AMENDMENT TO THE CONDITIONAL USE PERMIT AS ORIGINALLY ISSUED WITH CONDITIONS IMPOSED WHEREAS, the City Council had directed the Planning Commission to conduct a public hearing on the application of the Stillwater Area Schools/ Independent School District #834 for an amended conditional use permit; and, • WHEREAS, said public hearing was duly conducted on March 4, 1999, offering the public and all interested persons the opportunity to be heard with regard to the application; and, WHEREAS, the Planning Commission has had the benefit of the review of City staff, the public comment, and it has further reviewed all the files and records within these proceedings;and, WHEREAS, the Planning Commission has made it's findings of fact and issued it's recommendation to the city council. NOW, THEREFORE, the City Council of the City of Oak Park Heights does herewith make the following: FINDINGS OF FACT 1. That the original conditional use permit, which is the subject of the proposed amendment, was issued by the City of • Oak Park Heights on December 10, 1991 for Independent School I r' High School District #834 affecting the Stillwater Area Senior Hi g • facility. That the provisions of said conditional use permit in I., Paragraph 2 provided specifically: "The construction of any facilities, buildings, or structures not specifically shown within the existing site plan drawings shall not be allowed except upon application to amend the conditional use permit." 2. That the Stillwater Area High School constructed a ropes course facility in the rear portion of their property within the Stillwater Area High School in 1998. 3. That the ropes course as constructed on the grounds of the Stillwater Area High School is an accessory use as provided in the Oak Park Heights Zoning Code. • 4. That pursuant to Section 401.21.D.5 and 6, recreational equipment is, in the text of the current Zoning Code, a permitted use not otherwise requiring any conditional use permit. 5. That Section 401.21.E.2 of the Zoning Code of the City of Oak Park Heights outlines specific conditions that must be addressed by public school uses in the open space district as in the case of an original issuance of a conditional use permit. That the City Council finds that those criteria are appropriate to review as it affects an amended conditional use permit. As to those specific criteria, the City Council finds as follows: a. Side yard shall double that required for the district, but no greater than 50 feet. Finding: • 2 I The required side yard setback imposed for the • subject site appears to be a minimum of 50 feet distant from the property line. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 401.15.E. Finding: That the ropes course area is distanced from adjacent residential uses to the south by approximately 436 feet over a large wetland as well as some stands of trees that overlay the property line. The Planning Commission finds that no significant screening should be required. C. Adequate off - street parking and access is • provided on the site of the principal use in compliance with Section 401.15.F. of the Zoning Ordinance and such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 401.15.E. of the Zoning Ordinance. Finding: That the ropes course facility does not alter nor have an impact on the parking facilities already constructed and permitted under the original conditional use permit. d. Adequate off - street loading and service entrances are provided and regulated where applicable by Section 401.15.F. of the Zoning Ordinance. Finding: • 3 That the ropes course does not have an impact on service entrances and off - street loading as are regulated under the original conditional use permit. 6. That in considering an amendment to the 1991 CUP as issued by the City of Oak Park Heights, it is appropriate to also consider the provisions of Section 401.03.A.7 of the Zoning Ordinance. That as it affects the same, the City Council makes the following findings: a. Relationship to specific policies and provisions of the Municipal Comprehensive Plan. Finding: That the subject property is dedicated to public use as a high school facility and the ropes course as an accessory use to the high school is consistent with the • Comprehensive Plan. b. Conformity with the present and future land use in the area. Finding: The high school site is a transitional land use between commercial and industrial uses to the north and west and residential uses to the south and east. The addition of the ropes course as an accessory use does not impact land use function or alter the character of the high school property so as to not conform with surrounding land uses. C. Environmental issues and geographic area involved. i 4 Finding: • The location of the ropes course does not interfere with nor raise any significant environmental issues. d. Whether the use will tend to or actually depreciate the area in which it is proposed. Finding: The ropes course does not negatively impact adjacent properties as it is an accessory outdoor recreational use that may be considered customary and incidental to high school facilities. Additionally, the same is a permitted use under the existing Oak Park Heights Zoning Code. e. The impact on the character of the surrounding area. • Finding: The ropes course as an accessory outdoor recreational use which is located in proximity to other recreational outdoor uses such as sporting fields, etc. does not alter the character of the high school facility and provides no negative impact to adjacent properties. f. The demonstrated need for such use. Finding: The ropes course has been determined to be desirable by the Board of Education for the Independent School District #834. The City Council finds the ropes course to be a reasonable adjunct and use relative to the Stillwater Area High School. • 5 g. Traffic generation by the use in relation to the capabilities of streets serving the property. Finding: The ropes course is not anticipated nor expected to have an impact on existing traffic flows to the Stillwater Area High School. h. The impact upon existing public services and facilities, including parks, school streets and utilities, and the City's service capacity. Finding: The ropes course will have no impact on public service facilities or service capabilities of the City of Oak Park Heights. Should Independent School District #834 make the ropes • course available to members of the public, the same may expand opportunities for public service and facilities. i. The proposed use conformance with all performance standards contained within the Oak Park Heights Zoning Code. Finding: The ropes course meets all performance standards of the Zoning Ordinance. Conformance with applicable performance standards is discussed within the Planner's report of February 26, 1999 and is incorporated by reference herein. NOW, THEREFORE, the City Council for the City of Oak Park Heights makes the following determination: • 6 The ropes course is constructed on the Stillwater Area • High School grounds as an accessory outdoor recreational use that is not out of character with the high school. An amendment to the conditional use permit is in order and appropriate by the fact that the high school itself is a conditional use and the ropes course represents a change to the use of this site under the terms of the existing conditional use permit. The City Council also is aware that the ropes course as a recreational structure would be a permitted use under the existing Oak Park Heights Zoning Code. Therefore, the City Council Orders the following: 1. That the City Council does hereby approve an amendment to the conditional use permit for the Stillwater Area High School /Independent School District #834 to permit and allow the ropes course as an accessory use subject to the following conditions: a. That access to the ropes course be maintained year round for emergency vehicles; b. Gate to the ropes course shall be closed and locked at all times when the facility is not in use; C. Installation of any future lighting at the ropes course shall require approval by way of an amended conditional use permit by the City Council; d. Any changes to the ropes course, including structures, fencing, access or security measures, shall require approval by way of an amended conditional use permit by the City Council; • 7 e. The hours of operation of the ropes course shall be established as occurring from 8:00 A.M. until 5:00 P.M. or dusk whichever occurs earlier, on days when school is in session as identified on the ISD 834 School Calendar; f. The final landscaping plan to be implemented on the ropes course site shall be subject to the review and approval of the City Arborist; g. School District personnel shall work with City Police and fire officials in training for potential rescue activities for the ropes course. All further use of the ropes course shall require written approvals from the Police and Fire Chiefs tha adequate access, safety and rescue plans are in place for the ropes course. 0 h. Annual review is imposed as a condition of this conditional use permit to assure compliance and provide a mechanism to deal with any issues that may arise affecting the use of the ropes course vis a vis the neighboring properties in the future. Passed by the city council of the City of Oak Park Heights this 27th day of April, 1999 • 8 l� David Schaaf, Mayor Attest: J y Ho'3st, Deputy City Clerk • 9 CITY OF OAK PARK HEIGHTS RESOLUTION 99 -04 -22 A RESOLUTION APPROVING CERTAIN FEES AND STANDARDS AS THEY RELATE TO THE CITY OF OAK PARK HEIGHTS AND WATER METERS WHEREAS, the City Council determines water meter fees, standard meter sizes and technology, and City policies as they relate to water meters within the City of Oak Parr Heights; and, WHEREAS, these rates and policies need to be updated from time to time. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the following fees and policies are adopted b the City Council: 1. The Water Meter Fee shall be determined b the market rate for the meter, flange . hits, remote reading device, sales tax, freight, and an administrative fee of not less than $10.00 and not more than $15.00 per meter. This fee shall be established annually by the Public Works Director and shall be paid with the building permit fees or prior to the meter being installed. This fee, less administrative charge, is refundable upon return of the water meter to the City of Oak Park Heights. The yearl fee schedule shall be Dept on file in the Public Works Department; 2. Standard residential meters shall be both 518" and 3/4 ", with the 3/4" short meter to be available. Builders shall specify the size of the meter with their building permit application. 3. The standard reading device for new commercial, new residential services located west Of Oakgreen Avenue, and existing commercial in the City of Oak Park Heights shall be the Sensus Radio Read. The cost of the radio read until shall be included in the cost of the meter for new services. The cost for upgrading existing commercial services shall be billed directly to the customer by the City. 4. A water turn- on/turn-off fee of $35. The initial turn-on shall include the installation of the radio and shall be included with the plumbing permit for new installations. Turn -ons /turn -offs shall be added to the customer's next utility bill each time that • service is done. • 5. A water calibration policy when customers request that their meters be checked for accuracy. The cost of calibration shall be 1 1 /a hours of labor at the Public Works Foreman's regular rate of pay plus the cost for calibration, which shall be performed by a contractor chosen b the City for meters 1" or larger in size. Should the meter be found to be measuring higher than 102% of the meter's actual use, the customer's utility bill shall be adjusted accordingly. Should the meter be found to be measuring accurately or under the estimated usage, the cost of the calibration check shall be billed to the customer. Passed b the City Council of Oak Park Heights this 27th day of April, 1999. L Mayor Attest: David D. Schaaf V u ygity Clerk Judy L. Holst • PROCLAMATION WHEREAS: Minnesota is home to many of our nation's natural resources, foremost among them are our beautiful and abundant forests; and WHEREAS: Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying the air, conserving soil, water and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and creating beautiful landscapes to mare our communities more livable; and WHEREAS: Human activities such as construction damage, pollution and neglect, as well as climatic extremes, disease and insects threaten our trees, creating the need for concerted action to ensure the future of community and rural forests in our state and throughout the country; and WHEREAS: Each individual can act locally to improve the environment by planting trees and ensuring that these trees are protected and receive proper maintenance in the years ahead; and WHEREAS: Each year on the last Friday in the month of April and throughout the month of • May, the people of Minnesota pay special tribute to the vital natural resource that our trees represent and dedicate themselves to the continued vitality of our state's community and rural forests; NOW; THEREFORE, I David Schaaf, Mayor of the City of Oak Parr Heights, do hereby proclaim April 30, 1999 to be ARBOR DAY and the month of May, 1999 to be ARBOR MONTH in Oak Park Heights, Minnesota. Signed this 13th day of April, 1 g y p 999. David Schaaf, Mayor • CITY OF OAK PARK HEIGHTS . RESOLUTION 99 -04 -21 A RESOLUTION APPROVING THE APPLICATION OF EAGLES AERIE 94 — STILLWATER FOR GAMBLING CONTROL BOARD PREMISES PERMIT FOR OPERATION OF GAMBLING ACTIVITIES WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, Eagles Aerie 94 has applied with the State of Minnesota Gambling Control Board for a premises permit renewal application to continue to operate a gambling activity at the site of Eagles Aerie 94, 13523 60' Street North, within the City of Oak Park Heights; and, WHEREAS, the application would be effective through August 31, 1999; and, WHEREAS, the City of Oak Parr Heights has reviewed the application of the Stillwater St. Croix Valley Amateur Hockey Association and finds that its purposes meet the necessary community standards, proceeds being dedicated to the support of charitable activities within the St. Croix Valley; and, WHEREAS, the City of Oak Parr 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 Eagles Aerie 94 - Stillwater 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 Eagles Aerie 94 with the State of Minnesota Gambling Control Board to operate gambling activities on the site of Eagles Aerie 94, 13523 60` Street North within the City of Oak Parr Heights through August 31, 1999 and the same are hereby approved. Passed b the City Council of Oak Parr Heights this 13th day of April, 1999. Mayor Attest: David D. Schaaf D ty QXT Clerk • 1 y L. Holst CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -03 -20 A RESOLUTION APPROVING COMPREHENSIVE PLAN WITH CHANGES, CONTINGENT UPON METROPOLITAN COUNCIL APPROVAL WHEREAS, the City of Oak Park Heights is required by the Metropolitan Council to prepare a Comprehensive Plan that addresses future land use and development; and, WHEREAS, the Oak Park Heights Comprehensive Plan has not been updated since its previous 1980 approval; and, WHEREAS, the City Council of the City of Oak Park Heights has reviewed the Comprehensive Plan as prepared by the Oak Park Heights Planning Commission; and, WHEREAS, the City Council has determined that the Comprehensive Plan as presented is an accurate estimate of projected growth patterns. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Washington County, Minnesota as follows: That the Comprehensive Plan for the City of Oak Park Heights is hereby approved and adopted contingent upon Metropolitan Council review and approval. Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota this 23rd day of March, 1999. SIGNED: David D. Schaaf Mayor J rHol� tf Deputy City Clerk CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA • RESOLUTION 99 -03 -19 A RESOLUTION ADOPTING STRATEGIC PLANNING GOALS FOR 1999 -2000 FOR THE CITY OF OAK PARK HEIGHTS WHEREAS, the City Council of the City of Oak Park Heights held a goal setting/strategic planning workshop on Saturday, March 13, 1999; and, WHEREAS, the City Council determined ten goals for the City to focus on completion for 1999 -2000; and, WHEREAS, the goals are listed as follows: • Work on the Highway 36/Frontage Road upgrades and improvements; • Implementation of new well project; • City identification issues; • Road reconstruction project; • Central Business District Development/Redevelop exiting businesses/Economic and Job Development; • NSP Deregulation/Franchise issues /Other issues; • Completion of Perro Creek Project; • St. Croix Mall Use; • Improve relationships with neighboring communities; • Plan for redevelopment of Lower Oak Park Heights /Acquire land NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Washington County, Minnesota as follows: That the City Council of Oak Park Heights hereby adopts goals for 1999 -2000 as outlined above. Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota this 23rd day of March, 1999. SIGNED: .David DSchaaf Mayor • J Ho t Deputy City Clerk • RESOLUTION 99 -03 -18 RESOLUTION CHANGING THE CITY'S MILEAGE REIMBURSEMENT POLICY WHEREAS, the City mileage reimbursement policy was increased to $0.32.5 per mile in March, 1998; and, WHEREAS, Treasury regulations require that mileage reimbursement over $0.31 per mile to be treated as taxable wages. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: That the City's mileage reimbursement policy shall be decreased to $0.31 per mile in accordance with Federal Treasury requirements. Passed by the City Council for the City of Oak Park Heights on this 23rd day of March, • 1999. CITY OF OAK PARK HEIGHTS David D. Schaaf Attest: Mayor Ju ; do I t Deputy City Clerk • RESOLUTION 99 -03 -17 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION SUPPORTING REPEAL OF THE STATE SALES TAX FOR LOCAL GOVERNMENT PURCHASES WHEREAS, the Legislature imposed the sales tax on local governments in 1992 when facing a significant state budget deficit; and, WHEREAS, the state government has collected hundreds of millions of dollars in sales tax since 1992 on local government purchases of items such as road maintenance equipment, wastewater treatment facilities, and building materials; and, WHEREAS, the sales tax on local government purchases is passed on to residents in the form of higher property taxes and; and, WHEREAS, the state's financial picture has improved dramatically and the need for the sales tax on local government purchases no longer exists; and, WHEREAS, Minnesota is one of only seven states which impose sales tax on local government purchases; and, WHEREAS, imposing the sales tax on local government purchases is an inefficient way to raise state revenues, especially where sales tax is paid for boning projects with accompanying interest costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the City of Oak Park Heights encourages its state legislators to support the repeal of the sales tax on local governments. Passed by the City Council of Oak Park Heights tA.SchLf of March, 9 "7 Davi ATTEST: Mayor Thomas M. Melena City Administrator RESOLUTION 99 -03 -16 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF WHITETAILS UNLIMITED METRO CHAPTER TO CONDUCT A ONE -DAY RAFFLE AT THE VFW CLUB #323 ON APRIL 23,1999 WHEREAS, Patrick Toronto, on behalf of Whitetails Unlimited, Inc. has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one -day raffle on April 23, 1999 at the site of VFW Post #323, 5880 Omaha Avenue North; and, WHEREAS, The City of Oak Park Heights has reviewed the application 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 application for the raffle permit as applied for by Whitetails Unlimited, Inc. 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 Whitetails Unlimited, Inc. with the State of Minnesota Gambling Control Board to conduct a one -day raffle on April 23, 1999 at the site of the VFW Post #323, 5880 Omaha Avenue North within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 9th day of March, 1999. David D. Schaaf ATTEST: Mayor Thomas M. Melena City Administrator • Page 1 of 2 For Board Use Only Minnesota Lawful Gambling 1 0 Fee Paid ` Application for Exempt Permit - LG220 Check No. Initials • Organization Information Received i Organization name Previous lawful gambling exemption number Meiro f�lca� c� PYW (�Q, k� e&,' /s 6- A) 1;m- - /L-cf . �" CL�8a `1 Street City State /Zip Code ounty / 0.3,3 yI') :,va SS Name of chief executive officer (CEO) of organization Daytime phone number of First ame Las name CEO: Name of teasurer of organization Daytime phone number of First 7npme I Last name treasurer. ((� 5 / ) 7 ?d S�'✓�`1 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran ❑ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization • Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gamblin ctivity will be conducted (for raffles, list the site where the drawing will take place) Address (do not use PO box) City State/Zip Code County I �d Cf^r6 - owe Oae /�� f��- GAS �Yl Date(s) of activity (for raffles, indicate the date of the drawing) A Pr /'4 a3 %/-" /'� " / c'� Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ - Bingo [M Raffles ❑ *Paddlewheels [::] - Pull-Tabs ❑ - Tipboards - Equipment for these activities must be obtained from a licensed distributor. This form will be made available in altemative Your name and and your organization's name Private data about you are available only to the format (i.e. large print, Braille) upon request. The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. All the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit. When the Department of Public Safety; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Attorney General; the Minnesota Commissioners activities in Minnesota. You have the right to that you have provided to the Board in the of Administration, Finance, and Revenue; the refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public. If the Board does not issue you a permit, international gambling regulatory agencies; the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order, other individuals . qualifications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public. law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. I Application for Exempt Permit - LG220 Page 2 of 2 ll 1 10/98 i Organization Name V� �r �e_ (e( 6lh Local Unit of Government Acknowledgment (Required by Statute) • i# }ttie fiHr>perz%s °itfrri�it#se` `tf ttte gait�bU pietiisesTocated taivimsC i ,,. TC�_40m, 4A �?I`tC1E On: : = : Hb 'gy tlltG 17E 01iIEnSl� ti, - On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2. Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. 2. Waive the above -noted waiting period: The Documentation attached. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Docu- 30 days. mentation attached. Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a first class city) (Signature of county personnel receiving application) Print name of city: l / 11) Title Date (Sign t A) M11V61WVe eof city personnel receiving application) On behalf of the township, I acknowledge that the Title A5/ I organization is applying for exempted gambling activity Date '2-- 1 / 1� - within the township limits. _ A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). • Print name of township: (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this appoeaWn is complete and accurate to the best knowledge. Chief Executive Office signature t Name (please,. / �� v Date Mail Application and Attachments) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. i Application for Exempt Permit - LG220, Information Sheet 10/98 Who may be issued an An exempt permit can be issued to nonprofit organizations conducting lawful gambling activity . exempt permit? on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Separate applications Complete a separate application for each occasion. An occasion may be either: required 1. One day of gambling activity. • If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to Obtain a Copy of Proof of Nonprofit Status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standing - Nonprofit Artiolee of Q Under a national oraanization In prpota#ign R If your organization falls under a national organization, Attach a copy of your organization's Certificate of Good attach both of the following: Standing (317A) showing incorporation as a nonprofit 1. a copy of the IRS letter showing that your national organization. organization has been a registered nonprofit 501(c) This certificate can be obtained from the Minnesota organization and carries a group.ruling, and Secretary of State: 2. a copy of the charter, or letter from your national organization, recognizing your organization as a Minnesota Secretary of State subordinate. • Business Services Division 180 State Office Building Not under a national graanization St. Paul, MN 55155 If your organization does not fall under a national organization, attach a copy of the IRS income tax Phone: 651- 296 -2803 exemption [501(c)] letter in the name of your organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Phone: (513) 684 -3957 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report and • On the first working day of the month in which your gambling activity is being held, the Gambling recordkeeping required Control Board will send your organization a financial report form and instructions. • Complete and return the financial report form to the Board within 30 days of your date of activity. • Your organization must keep your gambling records for 3 -1/2 years. Questions? Call'the Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 - 627 -3529 and ask to place a call to 651- 639 -4000. RESOLUTION 99 -02 -15 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION SUPPORTING A BILL ESTABLISHING A FIREFIGHTING TRAINING AND REIMBURSEMENT PROGRAM WHEREAS, the Minnesota State Legislature has introduced a bill establishing a board of firefighter training and education; and, WHEREAS, the purpose of this bill is to provide a way to review the training and education of and make recommendations for further training and education of firefighters; and, WHEREAS, the bill also establishes a method of reimbursement for the departments whose members participate in the training and education programs as established by the board of firefighter training and education. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: • That the City of Oak Park Heights supports the passage and implementation of HF465, a bill establishing the board of firefighting training and education and establishing a firefighter training reimbursement program. Passed by the City Council of Oak Park Heights this 23rd day of February, 1999. David D. Schaaf a ATTEST: Mayor Thomas M. Melena City Administrator • H.F No. 465, 1 st Engrossment Page 1 of 3 s KEY: gt old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above, you need to change the display of stricken and/or underscored language. Authors and Status ■ List versions H.F No. 465, 1st Engrossment: 81st Legislative Session (1999 -2000) Posted on 2/18/99 1.1 A bill for an act 1.2 relating to public safety; establishing the board of 1.3 firefighter training and education; establishing a 1.4 firefighter training reimbursement program; 1.5 authorizing rulemaking; appropriating money; proposing 1.6 coding for new law as Minnesota Statutes, chapter 299N. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. [299N.01] [DEFINITIONS.] 1.9 Subdivision 1. [SCOPE.] The terms used in this chapter 1.10 have the meaninas aiven them in this section. 1.11 Subd. 2. [FIRE DEPARTMENT.] "Fire department" means a 1.12 reaularly oraanized fire department, fire protection district, 1.13 or fire company, as defined in the Uniform Fire Code adopted • 1.14 under section 299F.011, regularly charaed with the 1.15 responsibility of providina fire protection to the state or a 1.16 local aovernment and includes a private nonprofit fire 1.17 department directiv servina a local aovernment. It does not 1.18 include industrial fire brigades. 1.19 Subd. 3. [FIREFIGHTER.] "Firefiahter" means a volunteer, 1.20 paid on -call, part -time, or career firefiahter servina a aeneral 1.21 population within the boundaries of the state. 1.22 Sec. 2. [299N.02] [BOARD OF FIREFIGHTER TRAINING AND 1.23 EDUCATION.] 1.24 Subdivision 1. [PURPOSE.] The board of firefighter 1.25 trainina and education is established. The purpose of the board 1.26 is to review the educational needs of firefiahters and fire 2.1 departments in the state and to make recommendations to 2.2 educational institutions, fire education providers, and the 2.3 legislature on ways to improve firefiahter trainina and skills, 2.4 address chanaes in technoloav, and throuah education and 2.5 trainina enhance the safetv of firefiahters: to establish 2.6 firefighter trainina standards; and to reimburse fire 2.7 departments for trainina as provided in section 299N.03. 2.8 Subd. 2. [MEMBERSHIP.] Notwithstandina anv provision of 2.9 chapter 15 to the contrary, the board of firefiahter trainina 2.10 and education consists of the followina members: 2.11 (1) five members representina_ the Minnesota State Fire 2.12 Department Association, four of whom must be volunteer 2.13 firefiahters and one of whom mav_ be a career firefiahter, 2.14 appointed by the aovernor; 2.15 (2) two members representina the Minnesota State Fire 2.16 Chiefs Association, one of whom must be a volunteer fire chief, 2.17 appointed by the Governor; 2.18 (3) two members representina the Minnesota Professional 2.19 Fire Fiahters Association, appointed by the Governor; 2.20 (4) two members representina Minnesota home rule charter http: / /www. revisor. leg .state.nm.us /cgi- bin/bldbill.pl ?bill= H0465.1 &session =ls8l 2/23/99 HY No. 465, 1 st Engrossment Page 2 of 3 2.21 and statutory cities, appointed by the aovernor; 2.22 (5) two members representina Minnesota towns, appointed by 2.23 the aovernor; 2.24 (6) the commissioner of public safety or the commissioner's 2.25 desianee; and 2.26 (7) one public member not affiliated or associated with any 2.27 member or interest represented in clauses (1) to (6), appointed 2.28 by the aovernor. 2.29 The Minnesota State Fire Department Association shall 2.30 recommend five persons to be the members described in clause 2.31 (1), the Minnesota State Fire Chiefs Association shall recommend 2.32 two persons to be the members described in clause (2), the 2.33 Minnesota Professional Fire Fiahters Association shall recommend 2.34 two persons to be the members described in clause (3), the 2.35 Leaaue of Minnesota Cities shall recommend two persons to be the 2.36 members described in clause (4), and the Minnesota Association 3.1 of Townships shall recommend two persons to be the members 3.2 described in clause (5). In making the appointments the 3.3 aovernor shall try to achieve representation from all aeoaraphic 3.4 areas of the state. 3.5 Subd. 3. [TERMS; CHAIR; COMPENSATION.] Members of the 3.6 board shall serve for terms of four years and annuallv elect a 3.7 chair from amona the members. Terms, compensation, and fillina 3.8 of vacancies are subject to section 15.0575, subdivisions 3, 4, 3.9 and 5. 3.10 Subd. 4. [POWERS AND DUTIES.] (a) The board shall: 3.11 (1) review fire service training needs and make 3.12 recommendations on reimbursable trainina to Minnesota fire 3.13 service oraanizations; 3.14 (2) establish standards for reimbursable educational. 3.15 Droarams for the fire service and develop procedures for 3.16 continuing oversiaht of the Uroarams; • 3.17 (3) establish aualifications for fire service trainina 3.18 instructors in programs established under clause (2); 3.19 (4) report to the house of representatives and senate 3.20 aovernmental operations and veterans affairs committees, fire 3.21 service oraanizations, the Minnesota state colleaes and. 3.22 universities, and private providers of firefiahter trainina on 3.23 the aualitv and effectiveness of trainina_ Droarams provided in 3.24 Minnesota; 3.25 (5) administer funds for fire service educational oroarams 3.26 and services: and 3.27 (6) adopt rules necessary to establish a_ualifications under 3.28 clause (3). 3.29 (b) The board mav: 3.30 (1) hire an executive director in the unclassified service_ 3.31 and hire staff as appropriate; 3.32 (2) contract for technical or professional services 3.33 accordina to section 15.061; 3.34 (3) oav expenses necessary to carry out its duties; 3.35 (4) apply for, receive. and accept grants, a_ifts, devises, 3.36 and endowments that anv entity mav make to the board for the 4.1 ourposes of this chapter and mav use anv monev aiven to it 4.2 consistent with the terms and conditions under which the money 4.3 was received and for the Durposes stated: 4.4 (5) make recommendations to the lea_islature to improve the 4.5 Quality of firefiahter trainina: 4.6 (6) collect and provide data, sublect to section 13.03: 4.7 (7) conduct studies and surveys and make reports: and 4.8 (8) conduct other activities necessary to carry out its • 4.9 duties. 4.10 Sec. 3. [299N.03] [FIREFIGHTER TRAINING AND REIMBURSEMENT 4.11 PROGRAM.] 4.12 The board shall adopt rules establishing the reauirements http: / /www. revisor. leg .state.mn.us /cgi- bin/bldbill.pl ?bill= H0465.1 &session =1s81 2/23/99 HX No. 465, 1st Engrossment Page 3 of 3 4.13 for fire departments to obtain reimbursement for firefighter 4.14 training_ costs up to a limit established bpi the board. 4.15 Sec. 4. [INITIAL TERMS OF BOARD MEMBERS.] • 4.16 Of the members of the board of firefighter trainina and 4.17 education initiallv appointed by the aovernor, five members must 4.18 be appointed for two -vear terms, five appointed for three -year 4.19 terms, and five appointed for four -year terms. 4.20 Sec. 5. [APPROPRIATION.] 4.21 5....... is appropriated from the a_eneral fund to the board 4.22 of firefighter trainina and education for the purposes of 4.23 implementina and administerina this act, to be available for the. 4.24 biennium endina June 30, 2001. 4.25 Sec. 6. [REPEALER.] 4.26 Sections 1 to 3 are repealed effective December 31, 2006. • • http: / /www. revisor. leg .state.nm.us /cgi- bin/bldbill.pl ?bill= H0465.1 &session =1s81 2/23/99 House Bill Status Document Display Document 1 of 1 Page 1 of 2 • House Bill Status Search Form Senate Bill Status Search Form House Bill Status Document Display Document 1 of 1 Bill Name: HF0465 Bill Text Senate Status Revisor Number: 99 -0433 House Research Summary Chief Author: Ozment Author: Winter Author: Murphy Author: Broecker Author: Rhodes Other authors Companion File: SF0624 Bill Text Senate Status House Status Short Description: Firefighter training and education board created, training reimbursement program established, and money appropriated. Main Topic: Fire and Firefighters Lona Description Unofficial Actions Official Actions: Date I Action I Committee /Description IIDpg ] g IlRoll Call Fi ferred to I rst reading, 02/02/1999 reC rime Prevention 1217121 102/03/199911Author added 11Daggett 1122711227 1 Committee Governmental Operations 02/08/1999 report, pass and Veterans Affairs 280 280 and re -refer to Policy 102 /08 /199911Authors added 1Clark, J.; Tingelstad 112 95112 95 1 Committee 02 /18 /1999report, pass as State Government Finance 415 415a amended, re- refer to • http.../DDW ?W= session number+ = +0+ and+ FILE_ SEARCH +inc +'hf465' +and +ls _year+eq +'81 2/23/99 RESOLUTION 99 -02 -14 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF DUCKS UNLIMITED, INC. TO CONDUCT A ONE -DAY RAFFLE AT THE VFW CLUB #323 ON MAY 6,1999 WHEREAS, Steve Broome, on behalf of Ducks Unlimited, Inc. has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one -day raffle on May 6, 1999 at the site of VFW Post #323, 5880 Omaha Avenue North; and, WHEREAS, The City of Oak Park Heights has reviewed the application 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 application for the raffle permit as applied for by Ducks Unlimited, Inc. 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 Ducks Unlimited, Inc. with the State of Minnesota Gambling Control Board to conduct a one -day raffle on May 6, 1999 at the site of the VFW Post #323, 5880 Omaha Avenue North within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 23rd day of February, 1999. David D. Schaaf ATTEST: Mayor Thomas M. Melena City Administrator • Local Unit of Government Jurisdiction Is this gambling premises located within city limits? M Yes M No If Yes, write the name of the City: n I City Name ?5;1� 1 t�TS If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: [E]organized [unorganized unincorporated Local Unit Of Government Acknowledgment 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. 2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application � Date Received: 1 ,71 qei Date Signed: Ti 1 of person recei and application Title of person acknowledging application Oath of Chief Executive Officer I have read this application and all information is true, accurate and complete. Date: Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639 -4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1- 800 - 627 -3529 in the • Greater Minnesota Area or 297 -5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. FEB 1 6 1999 LG220 L11 For Board Use Only Rev06/95 Minnesota Lawful Ga Application for Authoriza� Fe: Paid Check # Exemption from Lawful Gambling License Initals Date Recd Or aniz ation .lnformation Organization Name i � L ) I V lawful gambling exemption number �� -C�oi ��-� �inC�s L)V l`M ec� I Street City State Zip Code County Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO r First Name Last Name Name of Organization Treasurer First Name Last Name Dayt Phone Number of Treasurer Type of Nonprofit Organization Check the box below which best describes Check the box that indicates the type of proof attached to this, application your organization by your organization: (] IRS letter indicating income tax exempt status 0 Fraternal Certificate of good standing from the Minnesota Secretary M Veterans of State's office 0 Religious 71A charter showing you're an affiliate of a• parent. nonprofit organization Other nonprofit roof previously submitted and on file with the Gambling Control Board Gambling Prem /ses Information Name of Establishment where gambling activity will be conducted Vrt J Street City j State Zip Code County J�` CJ � 1l to � ly i s /)IA) �s � Date(s) of activity (for raffles, indicate the date of the drawing) �Y) A� I (� '- / 1 �� Check the box or xes which indicate the t f gambling type o g m g activity your organization will be conducting 0 Bingo � Raffles Paddlewheels M Pull -tabs 0 Tipboards Be sure the Local Unit of Government and the CEO of your organization sign For Board Use Only the reverse side of this application. Date & Initials of Specialist � r RESOLUTION NO. 99-02-13 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 interest and administration fees to be paid to the City of Oak Park Heights; and, WHEREAS, the established transfer for tax increment funds for calendar year 1998 is in the amount of $37,600.00 which should be transferred from that account to the general fund of the City of Oak Park Heights; and, • WHEREAS, interest generated prior to July 1, 1997; is considered non -tax increment monies and, WHEREAS, said interest is in the amount of $10,591.00 for interest received on or before July 1, 1997; and, WHEREAS, the City has incurred administrative fees based upon work performed in relationship to said tax increment financing matters for calendar year 1998; and, WHEREAS, City administrative secretarial support and overhead costs, engineering and planning expense incurred is in the amount of $27,009.00; and, WHEREAS, the City of Oak Park Heights contemplates additional administrative fees as they continue to review the established tax increment financing district and improvements to be rendered to the St. Croix Mall area which will require additional staff time and work; and, WHEREAS, the City also anticipates additional 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 $37,600.00 broken down and allocated to the • following: Interest earned and calculated prior to July 1, 1997 $10,591.00 Administration overhead, engineering, planning, auditing, bookkeeping and internal administrative cost $27,009.00 Passed by the City Council for the City of Oak Park Heights this 9th day of February, 1999. wry T quist Deputy Mayor ATTEST: \�'- '/�� Ju . H4Kt Deputy City Clerk • • RESOLUTION NO. 99 -01 -12 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DETERMINING FINDINGS OF FACT AND AUTHORIZING THE REZONING OF LANDS FROM OPEN SPACE (0) TO HIGHWAY BUSINESS AND WAREHOUSING (B -3) WHEREAS, the City of Oak Parr Heights has reviewed issues involving the rezoning of Kern Center properties legally described on EXHIBIT A from O, Open Space to B -3, Highway Business and Warehousing; and, WHEREAS, the requested rezoning is necessary to accommodate development that is consistent with the City's Comprehensive Plan; and, WHEREAS, the Oak. Parr Heights City Council met at its regularly scheduled meeting on 26 January 1999 to consider the aforementioned action and based upon the actions and the recommendations of the Planning Commission and evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT • 1. The legal description of the Kern Center properties is included on ATTACHED EXHIBIT A. 2. The Kern Center is zoned O, Open Space. 3. The proposed action is to rezone the Kern Center properties to B -3, Highway Business and Warehousing. 4. In considering rezoning actions, the Planning Commission and City Council considered the criteria outlined in Section 401.03.A.7 of the Zoning Ordinance: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. Finding: The City is in the process of adopting a Comprehensive Plan Update that reflects the City's decision to develop a B -3 Zoning District incorporating properties located in the Kern Center. Therefore, the proposed rezoning is generally consistent with the Comprehensive Plan Update. • 1 I • b. The conformity with present and future land uses in the area. Finding: The proposed use of the subject site will be consistent with these land uses. C. The environmental issues and geographic area involved. Finding: The proposed use and associated geographic area poses no environmental issues. I Whether the use will tend to or actuall depreciate the area in which it is proposed. Finding: The proposed use is not anticipated to negatively impact area property values. character of the surrounding e. The impact on the Ilia g area. p Finding: The proposed rezoning and planned use of the properties will not have a negative impact to the area in which it is proposed. • f. The demonstrated need for such use. Finding: The City has determined through the comprehensive planning process that there is a direct need to provide this type of zoning district in order to promote the associated type of uses. g. Traffic generation by the use in relation to capabilities of streets serving the property. Finding: The proposed use will not generate traffic beyond the capability of roadways serving the properties. More specifically, the City intends to construct a roadway extension of Memorial Drive to 55th Street. As a means of facilitating pedestrian access, the City intends to extend its trail system from 58th Street, across Highway 5 and into the Kern Center. • 2 I • h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. The City plans to extend sewer and water to the Kern Center in 1999. High level sanitary sewer users may be limited so as not to create any issues with sanitary sewer capacity. I. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Finding: The existing developed properties will not initially conform to all applicable performance standards. All non - conforming properties shall comply with the provisions of Section 401.15.A Non - Conforming Buildings, Structures, Uses and Lots of the Zoning Ordinance. 5. The Memorandum's dated 8 January 1999, 29 December 1998, 14 December 1998, 11 December 1998, and 25 November 1998 prepared by Northwest Associated Consultants, Inc. is incorporated herein. . 6. The Oak Park Heights Planning Commission, at their 3 September 1998 meeting voted unanimously (5 -0) to recommend the Kern Center be rezoned from O, Open Space to B -W, Business Warehousing. The Oak Park Heights City Council, in reviewing this recommendation, requested the Planning Commission to study creation of a zoning district for application to the Kern Center and in appropriate areas of the City. 7. The Oak Park Heights Planning Commission continued a public hearing at their regular meeting on 7 January 1999, to consider rezoning the Kern Center to B -3, Highway Business and Warehousing. Upon review of the rezoning and evidence received, the Oak. Park Heights Planning Commission closed the public hearing and voted unanimously (5 -0) to recommend to the City Council no recommendation on this rezoning. • 3 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF OAK PARK HEIGHTS: DECISION Based on the foregoing considerations and applicable ordinances, the action to rezone the Kern Center from O, Open Space to B -3, Highway Business and Warehousing is approved. For that lands identified in Exhibit "A" attached hereto. ADOPTED by the Oak Park Heights City Council this 26th day of January 1999. CITY OF OAK PARK HEIGHTS By: Y David D. Schaal Mayor ATTEST: B Thomas M. Melena City Administrator • 4 EXHIBIT "A" ALL THAT PART OF SECTION 6, TOWNSHIP 29 NORTH RANGE 20 WEST, PLATTED AS KERN CENTER AND KERN CENTER 2 ND ADDITION, • • 5 . RESOLUTION NO. 99 -01 -11 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DETERMINING FINDINGS OF FACT AND DIRECTING THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS TO INCLUDE B -3, HIGHWAY BUSINESS AND WAREHOUSING ZONING DISTRICT. WHEREAS, the City has taken action to review the creation of a B -3, Highway Business and Warehousing Zoning District.; and WHEREAS, the requested zoning district is necessary to accommodate development that is consistent with the City's Comprehensive Plan; and,. WHEREAS, The Oak Park Heights City Council met at its regularly scheduled meeting on 26 January 1999 to consider the aforementioned action and based upon the recommendations • of the Planning Commission and evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The proposed action is to create a B -3, Highway Business and Warehousing Zoning District. 2. In considering zoning ordinance amendments, the Planning Commission and City Council have considered the criteria outlined in Section 401.03.A.7 of the Zoning Ordinance: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. Finding: The City is in the process of adopting a Comprehensive Plan Update that reflects the City's decision to develop a B -3 Zoning District. Therefore, the proposed rezoning is consistent with the Comprehensive Plan Update. • b. The conformity with present and future land uses in the area. Finding: The proposed amendment and its application will foster the conformity of present and future land uses in areas of the City that it is applied. C. The environmental issues and geographic area involved. Finding: The proposed amendment and associated geographic area where it may be applied should pose no environmental issues. I Whether the use will tend to or actuall depreciate the area in which it is proposed. Finding: The proposed amendment is not anticipated to negatively impact area property values. e. The impact on the character of the surrounding area. Finding: The proposed district should not have a negative impact to areas in • which it is applied. f. The demonstrated need for such use. Finding: The City has determined through the comprehensive planning process that there is a direct need to provide this type of zoning district in order to promote the associated type of uses. g. Traffic generation b the use in relation to capabilities of streets serving the property. Finding: The proposed amendment will not generate traffic beyond the capability of roadways serving the City. h. The impact upon existing public services and facilities including parrs, schools, streets, and utilities, and the City's service capacity. Finding: The proposed amendment is not anticipated to have a negative impact to the City's service capacity. i i. The proposed use's conformity with all performance standards contained herein (i.e., par loading, noise, etc.). Finding: The proposed amendment will adhere to applica performance standards. 3. The Memorandum dated 8 January 1999, 29 December 1998, and 11 December 1998 prepared by Northwest Associated Consultants, Inc. is incorporate herein. 4. The Oak Parr Heights Planning Commission continued a pu hearing at their regular meeting on 7 J anuary 1999, to consider the creation of a B -3, Highway Business and Warehousing District. Upon review of the Zoning Ordinance amendment and evidence received, the Oak Park Heights Planning Commission closed the pu bl ic hearing and voted unanimously (5 -0) to recommend to the City Council no recommendation on this Zoning District approval. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS • DECISION Based on the foregoing considerations and appli ordinances, the action to create a B -3, Highway Business and Warehousing Zoning District is approved. A copy of the applicable provisions are attached hereto and incorporated by reference herein. ADOPTED BY THE OAK PARK HEIGHTS CITY COUNCIL THIS 26TH DAY OF JANUARY 1999• CITY OF OAK PARK HEIGHTS By: 4 4d. 1 David D. Schaaf ATTEST: Mayor Y Thomas M. Melena City Administrator f 3 ATTACHMENT B -3 ZONING TEXT 4 I • APPROVED: JANUARY 26, 1999 401.300 B -3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT 401.300.A. Purpose. The purpose of the B -3, Highway Business and Warehousing District is to provide for the establishment of retail and wholesale sales, storage, warehousing and limited manufacturing and production. The overall character of the B -3 District is intended to be transitional in nature, thus uses allowed within this district shall be limited to those which can compatibly exist adjacent to commercial and lower intensity activities. 401.300.B. Permitted Uses. The following are permitted uses in a B -3 District: 1. Commercial printing establishments. 2. Commercial /professional offices. 3. Conference centers. 4. Laboratories. 5. Wholesale showrooms. 6. Motels /hotels without restaurants or cafes. 7. Banks, savings institutions, credit unions and other financial institutions without drive in facilities. 8. Clinics for people only. 9. Indoor commercial recreation not including theatres. 10. Essential services. 11. Government and public utility buildings and structures. 12. Mortuaries or funeral homes. 13. Physical fitness, health service establishments or reducing salons. 14. Retail sales establishments shall be allowed, however, retail or service strip centers with more than three tenants or individual tenant floor area of less than 3,500 is square feet shall not be allowed. 300 -1 15. Commercial service uses shall be allowed, however, retail or service strip centers with more than three tenants or individual tenant floor area of less than 3,500 square feet shall not be allowed. 16. Cellular telephone antennas located on a public structure, as regulated in Section 401.15 of this Ordinance. 401.300.C. Interim Uses. The following are interim uses in a B -3 District: 1. None. 401.300.D. Accessory Uses. The following are permitted accessory uses in a B -3 District. 1. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use. 2. Off - street parking as regulated by Section 401.15.E of this Ordinance. 3. Off - street loading as regulated by Section 401.15.E of this Ordinance. 4. Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 5. Semi -truck parking. 6. Warehouse facilities as an accessory to a permitted or conditional use. 401.300.E. Conditional Uses. The following are conditional uses in a B -3 District (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance): 1. Drive - throughs for banks, savings institutions, credit unions and other financial institutions provided that: is 300 -2 1. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. 2. Vehicular access points shall be limited and create a minimum of conflict with through traffic movements. 3. Service windows shall be allowed if the following additional criteria are satisfied: 1. Not less than one hundred eighty (180) feet of segregated automobile stacking lane(s) must be provided for the service window. 2. The stacking area and its access must be designed to control traffic in a manner to protect the pedestrians, buildings and green area on the site. 3. No part of the public street or boulevard may be used for stacking of automobiles. 4. The stacking lane, service intercom, and service window shall be designed and located in such a manner as to minimize automobile and communication noises, emissions, and headlight glare upon adjacent premises, and to maximize maneuverability of vehicles on the site. Levels of noise, light, and air quality shall occur and be measured at property lines and shall satisfy established state regulations. 5. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any neighboring uses. 6. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. d. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. 300 -3 2. Restaurants within or freestanding as part of a conference center, motel or hotel development provided that: 1. The use obtains all local, state and federal food and beverage handling licenses and /or permits. 2. There shall be no excessive noise or odors emitted from the use. 3. There shall be no outdoor storage and /or display. 4. The hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any neighboring uses. 5. Parking and loading areas are in conformance with the parking and loading requirements outlined in Section 401.15.F of this Ordinance. 6. The loading spaces shall not be located within the front yard of a lot. g. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. h. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 3. Open and outdoor storage including the parking of commercial vehicles in excess of that allowed as a permitted accessory use provided that: a. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting residential districts. b. Storage is landscaped and screened from view from the public right -of -way. C. Storage area is blacktopped or concrete surfaced. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring properties. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. 300 -4 f. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. g. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. i 4. Open and outdoor services, sale and rental as a principal or accessory use including new or used automotive, trucks, boats, or motorized recreational vehicle and related accessory sales and service provided that: 1. Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or an abutting residential district. 2. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences. 3. Areas are asphalt or concrete surfaced. d. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. e. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 5. Multi- tenant auto service centers that may include freestanding or attached motor fuel stations, car washes and oil change facilities as a coordinated development plan provided that: a. No building or structure, permanent or temporary, driveway surfaces, parking areas, advertising devices or other similar site improvements, except driveways traversing a public road boulevard, shall be located within one hundred ten (110) feet of any part of a residential district. b. Sites for such facilities shall have not less than one hundred twenty -five (125) feet of frontage on the side or sides of the site to or from which access or egress at two or more locations is possible and not less than one hundred twenty (120) feet of frontage if there is only one point of access. The total site area shall be not less than twenty thousand (20,000) square feet. C. Hydraulic hoists or pits and all lubrication, greasing, washing, repair or diagnostic equipment shall be used totally enclosed within a building. 300 -5 d. Facilities on a site contiguous to any residential district shall not be operated between the hours of 11:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. e. Facilities may offer minor auto repairs, but they shall not offer major auto repairs, the sale or storage of junked cars, or automobile wrecking. f. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. g. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City. h. A drainage system subject to the approval of the City shall be installed. i. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. j. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. k. Provisions are made to control and reduce noise in accordance with the Section 401.15.B.11 of this Ordinance. I. No outside storage shall be allowed except as allowed in compliance with Section 401.15.13.14. M. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the pubic right -of- way and shall be in compliance with Section 401.15.13.7 of this Ordinance. n. Wherever fuel pumps are to be installed, pump islands shall be installed. o. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. 300 -6 p. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. q. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 6. Mini - storage facilities provided that: 1. At least twenty (20) percent of the site is open, green space which is sodded and landscaped in accordance with a plan approved by the City Council. 2. Building coverage shall not exceed sixty (60) percent of the lot area. 3. Parking, loading, driveway and fire lane design shall be subject to review and approval of the City Staff and Fire Marshal. 4. Adequate space is provided for snow storage. 5. Fire hydrant location shall be subject to review and approval of the Fire Marshal. • 6. All driveways and parking areas are to be hard (blacktop or concrete) surfaced and adequate turning radius for fire truck maneuverability is to be maintained throughout the site. Designated snow storage space is to be provided to insure adequate and safe access during winter months. 7. In an "on- premises" caretaker dwelling unit is provided on site, constructions of said dwelling unit shall conform to all design standard regulations for dwelling units of the Minnesota State Building Code and the Oak Park Heights Zoning and Building Code. The occupancy and minimum interior and floor area standards shall be controlled by Sections 401.15.0 of this Ordinance. Off - street parking shall be made available for said dwelling unit in conformance with Section 401.15.F. 8. Any structures having exposure to an adjacent residential use or public right - of -way, park, or similar public use areas shall be of brick, rock face block, natural stone, wood, or stucco facing material. 9. No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the self storage, mini - warehousing facility. 300 -7 I j. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. k. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 7. Landscape sales and material storage provided that: 1. There are no growing fields on the site. 2. Outdoor sales /display area shall be limited to thirty (30) percent of the gross lot area and be in conformance with the performance standards of Section 401.15.B.14 of this Ordinance. C. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. d. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 8. Commercial PUD as regulated by Section 401.06 of this Ordinance. 9. Cellular telephone antennas not located on a public structure provided that: 1. The provisions of Section 401.03.A.7 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 10. Manufacturing, compounding, assembly, packaging, treatment or storage of products and materials as accessory use provided that: a. The proposed use complies with the performance standards outlined in Section 401.15.13 and all other applicable provisions of this Ordinance. b. All manufacturing and assembly operations shall be enclosed within a building. C. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. 300 -8 d. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 11. Animal clinics provided that: a. There shall be no outdoor animal pens or runs. b. The provisions of Minnesota Pollution Control Agency Regulations SW 53(2) are complied with. C. All other applicable state and local regulations pertaining to nuisance, health and safety conditions, etc. are complied with. d. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 12. Distribution centers provided that: • a. The storage areas and loading docks are landscaped, fenced and screened from view of neighboring uses and abutting residential districts. b. The driveways, storage areas and loading docks are blacktopped or concrete surfaced. C. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring properties. d. A drainage system subject to the approval of the City shall be installed. e. Vehicular access points shall create a minimum of conflict through traffic movement. f. Provisions are made to control and reduce noise in accordance with Section 401.15.6.11 of this Ordinance. g. The proposed use complies with the performance standards outlined in Section 401.15.6 and all other provisions of this Ordinance. 300 -9 h. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. i. The provisions of Section 401.03.A.7 of this Ordinance are satisfactorily met. 13. Day treatment, human services and counseling programs provided that: a. Provisions are made to issue compatibility with surrounding uses. b. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. C. Adequate off - street parking is provided in compliance with Section 401.15.E of this Ordinance. d. Adequate areas are provided for loading and unloading of vans, buses or other mass transit vehicles. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. • f. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 14. Continuing education programs, business, commercial and trade schools provided that: a. Provisions are made to issue compatibility with surrounding uses. b. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. C. Adequate off - street parking is provided in compliance with Section 401.15.E of this Ordinance. d. Adequate areas are provided for loading and unloading of vans, buses or other mass transit vehicles. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. 300 -10 I f. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 15. Day care - group nursery provided that: a. Provisions are made to ensure compatibility with surrounding uses. b. Adequate area is provided within the plan for outdoor play areas. C. All fire codes as applicable are complied with. d. All applicable state and local regulations pertaining to child care facilities are complied with. e. Adequate areas are provided for child drop -off. f. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. g. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 16. Outdoor recreation provided that: a. Provisions are made to ensure compatibility with surrounding uses. b. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any neighboring uses. C. There shall be no excessive noise or odors emitted from the use. Applicant shall provide supporting data to ensure compatibility with this condition. d. Outdoor recreational uses shall be set back at least fifty (50) feet from all adjacent residential uses or districts. e. The use is adequately landscaped, fenced and screened from view of neighboring uses and abutting residential districts and uses. f. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences. • 300 -11 I g. Adequate analysis and provisions are made to resolve issues related to • demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. h. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 401.300.F. Access. 1. Access to industrial development shall be allowed only on arterial or collector streets, or a street specifically designed for such development. 2. Curb cut widths and locations shall comply with the provisions of Section 401.151.4.1 3. Industrial developments of a small scale shall be encouraged to develop a common access drive and parking facilities. Incentives, such as reduction in setback and /or parking requirements may be provided at the discretion of the City Council. 4. A turning lane and its appropriate right -of -way must be provided if the City Council determines that one is needed. • 401.300.G. Lot Coverage. Not less than twenty (20) percent of the buildable portion of the lot, parcel or tract of land shall remain as a grass plot including fencing and landscaping with shrubbery and plantings. A lesser area may be devoted to a grass plot only via a conditional use permit, provided that: 1. An allowance is made for increased amenities, landscaping or quality of construction as determined by the City Council. 2. In no case shall less than ten (10) percent of the buildable portion of the lot, parcel or tract of land remain as a grass plot. 3. The provisions of Section 401.03 of the Ordinance are considered and satisfactorily met. 401.300.H. Building Type and Construction. All building materials and construction must be in conformance with Section 401.15.C.8 of this Ordinance and the Design Guidelines. • 300 -12 • 401.300.1. Parking. Detailed parking plans in accordance with Section 401.15.E of this Ordinance and the additional requirements of the section listed below, shall be submitted for City review and approved before a building permit may be obtained. 1. The parking area shall be set back a minimum of ten (10) feet from any property line. 2. The parking lot in front of the building shall be screened from the public right -of -way and from adjoining property in conformance with the provisions of Section 401.15.E. of this Ordinance. 3. All parking areas and driveways shall be surfaced with asphalt, concrete, cobblestone or paving brick. 4. Perimeter curbing shall be required around entire parking lots, no closer than ten (10) feet from any lot line. 5. Any lighting used to illuminate an off - street parking area shall be hooded and so arranged as to reflect light away from adjoining property, abutting residential uses and public rights -of -way. • 6. Grass, plantings, or screening shall be provided in all areas bordering the parking lot. The screening shall be strictly vegetation, earth berming, or a combination of the two. 7. The screening shall occur, at a minimum, along the outermost medians of the parking area, at every second median within the lot, and at the ends of each parking row. 8. The medians shall not exceed three (3) feet in height, nor be at a slope greater than twenty (20) percent. 401.31.J. Loading. Any structure erected or altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles shall provide off - street loading space in conformance with the provisions of Section 401.15.F of this Ordinance and the following additional requirements: 1. A detailed off - street loading plan including berths, area, and access shall be submitted to the City for review and approval prior to issuance of a building permit. 2. The location of the loading area shall not be in the front of the building. • 300 -13 3. All areas intended to be used for loading including access shall be surfaced with • bituminous or concrete. 4. All loading areas shall be screened from surrounding areas by means of vegetative plantings, berming, and /or a screening fence specified as follows: a. A vegetative planting strip or grouping shall consist of evergreen trees and /or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting area shall be designed to provide complete visual screening to a minimum height of six (6) feet. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. The planting plan and type of plantings shall require the approval of the City Council. b. A required screening fence shall be constructed of masonry, brick, or wood. Such fence shall provide a solid screening effect eight (8) feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Council. Fences in excess of eight (8) feet in height shall require approval of the Zoning Administrator and Building Official. 401.31.K. Trash Receptacles. All buildings in which exterior storage, trash storage, • and /or handling is provided shall provide an enclosed trash receptacle area in conformance with the following: 1. Exterior wall treatment shall be similar and /or complement the principal building. 2. The enclosed trash receptacle area shall be located in the rear of side yard. 3. The trash enclosure must be an accessible location for pick up hauling vehicles. 4. The trash enclosure must be fully screened from view of adjacent properties. 5. Construction of the trash receptacle enclosure is subject to approval of the City Building Official. 401.31.L. Screening. The screening of outdoor storage areas, heating /air conditioning units, exhaust/fan equipment, trash receptacles, rooftop equipment, and other deterrent elements shall be screened from all surrounding areas by means of planting, berming, and /or a screening fence or other means determined appropriate by the City Building Official. The planting and Berming specifications listed in Section 401.15.E. of this Ordinance are also applicable in this case, however, the height of the screening fence need only be of sufficient height to completely and safely conceal the deterrent element. • 300 -14 r � • 401.31.M. Landscaping. A detailed landscaping plan in conformance with Section 401.15.E. of this Ordinance shall be submitted to the City Council and approved before a building permit may be obtained and shall be in conformance with the following requirements. 1. The regulations and requirements set forth in the zoning and subdivision regulations shall apply to all vegetative treatments within the study area relative to the quality, sizes, and specifications of plant materials. 2. All landscape and vegetative treatments shall be in conformance with the overall site plan. It is the responsibility of the property owner to meet and maintain this requirement. 3. Unique land features, i.e., topography, vegetation, wetlands, drainageways shall be preserved and /or addressed to achieve the most positive functional and aesthetic results. Every effort should be made to preserve features of the land to create passive open spaces. 401.31.N. Signage. A comprehensive sign plan must be submitted in conformance with Section 401.15.G. of the Sign Ordinance. In addition to the provisions and regulations set forth within the City Sign Ordinance, the following criteria must be met: • 1. Area Identification. Only one (1) sign. Sign area may not exceed seventy -five (75) square feet with a maximum height of twenty (20) feet for freestanding signs. 2. Single or Double Occupancy Business Signs. The total sign area for the subject property may not exceed fifteen (15) percent of the total front building facade, except both front and side facades may be counted on a corner lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions: a. Freestanding. Not more than one (1) sign. Sign area may not exceed fifty (50) square feet with a maximum height of twenty (20) feet. b. Wall, Canopy or Marquee. Not more than one (1) wall, canopy or marquee sign per building. However, on corner lots two (2) such signs are allowed, one per street frontage. Individual sign area may not exceed sixty -four (64) square feet. • 300 -15 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -10 A RESOLUTION DESIGNATING HERITAGE PRINTING AS THE CITY OF OAK PARK HEIGHTS' OFFICIAL PRINTER FOR CITY NEWSLETTERS WHEREAS, the City of Oak Parr Heights prints a quarterly newsletter for residents and local businesses; and, WHEREAS, Heritage Printing has done the printing for the last two years; and, WHEREAS, the City has been pleased with the quality of this company in printing the City newsletter. NOW THEREFORE, BE IT RESOLVED, that the City Council for the • City of Oak Parr Heights designates Heritage Printing as the official printer for City newsletters for 1999. Passed b the City Council of the City of Oak Parr Heights this 12t day of January, 1999. David D. Schaaf Attest: Mayor Thomas M. Melena City Administrator • • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -09 A RESOLUTION DESIGNATING THE STILLWATER GAZETTE AS THE CITY OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER FOR TIME SENSITIVE MATERIALS WHEREAS, the City of Oak Parr Heights has determined the need to designate two newspapers as official newspapers for the City for 1999; and, WHEREAS, for time - sensitive publications, the Stillwater Gazette will be the paper used b the City. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Parr Heights designates the Stillwater Gazette as the official paper to handle time - sensitive publications for 1999. Passed b y the City Council of the City of Oak Park Heights this 12t day of Jam}ary, • 1999. David D. Schaaf Attest: Mayor Thomas M. Melena City Administrator • • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -08 A RESOLUTION DESIGNATING THE COURIER NEWS AND THE STILLWATER GAZETTE AS THE CITY OF OAK PARK HEIGHTS OFFICIAL NEWSPAPERS WHEREAS, the City of Oak Park Heights has determined the need to designate two newspapers as official newspapers for the City for 1999 due to time sensitive publications. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights designates the Stillwater Gazette and the Courier News as the official newspapers for 1999. Passed b the City Council of the City of Oak Park Heights this 12t day of January, 1999. I • David D. Schaaf Attest: Mayor Thomas M. Melena City Administrator • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -07 A RESOLUTION ESTABLISHING THE POSITION OF DEPUTY CIVIL DEFENSE DIRECTOR WHEREAS, the Civil Defense Director has the responsibility to coordinate emergency services in a catastrophic situation to ensure continued public services; and, WHEREAS, that position has traditionally been occupied b the Police Chief or Fire Chief; and, WHEREAS, there is a need to have a back -up for the position of Civil Defense Director in those cases where the Civil Defense Director is not immediately available, or is unable to perform the duties associated with this position NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Parr Heights establishes the position of Deputy Civil Defense Director as a back. -up for the Civil Defense Director. • Passed b the City Council of the City of Oak Park Heights this 12` day of January, 1999. David D. Schaaf Attest: Mayor r, Thomas M. Melena City Administrator CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -06 A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF JANET ROBERT AS CITY COUNCILMEMBER OF THE CITY OF OAK PARK HEIGHTS FROM 1994 TO 1998 WHEREAS, Janet Robert has served as a Councilmember for the City o Oak Parr Heights from 1994 through 1998; and, WHEREAS, she has been an active representative as Councilmember for the City of Oak Parr Heights over the four years of elected service ; and, WHEREAS, prior to being elected as Councilmember and concurrently with her term, she served on the Parks Commission as Commissioner and then Council Liaison and as a member of the Garden Committee; and, WHEREAS, she has worked to develop a parrs and trail system through the City, participated in legislative committees to protect the interests of the City of Oak Park Heights, • an b een a strong representative for the betterment of the City of Oak Park Heights specifically and th St. Croix River Valley in general; and, WHEREAS she decided not to run for reelection for City Council for the City of Oak Parr Heights when her term expired in 1998. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oa Par Heights commends Janet Robert for her four years of pu service as Councilmember and four years as a very active member of the Park Board for the City of Oak Park Heights and thanks her for her dedication and commitment to the interests of the citizens of the City of Oak Park Heights. Passe by the City Council of the City of Oak Park ?aD. t 12t day of January, 1999. Schaaf Attest: c� Thomas M. Melena City Administrator CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -05 A RESOLUTION AUTHORIZING APPROVAL OF POLICE UNION CONTRACT PURSUANT TO STAFF APPROVAL WHEREAS, City staff has been negotiating with the police union for a three year union contract for the years 1999 -2001; and, WHEREAS, a draft contract had been agreed to by staff and the union based on previous discussions and agreements; and, WHEREAS, the City Council approved the signing of the contract with the final approval of staff for accuracy; and, WHEREAS, a signed contract was received b the City from the union which did not include some wording as previously agreed to during negotiations. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights authorizes the signing of the police union contract with the provision that the comp. time language be amended to indicate that a maximum of forty hours of comp. time may be carried, but it must be cashed out at the end of the year, and that the comp. time balance therefore cannot be carried over to the next year. Passed b the City Council of the City of Oak Park Heights this 12` day of January, 1999. Z46 D. Schaaf Attest: Mayor r• Thomas M. Melena City Administrator i CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -04 A RESOLUTION APPROVING APPOINTMENTS FOR THE CITY OF OAK PARK HEIGHTS IN 1999 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following for 1999: Deputy Mayor Jerry Turnquist Civil Defense Director Lindy Swanson Deputy Civil Defense Director Mary Swenson Parrs Commission Liaison Lynae Byrne Planning Commission Liaison Mary Swenson Cable Commission - Council Jerry Turnquist Middle St. Croix WMO David Beaudet Brown's Creep Watershed District Jerry Turnquist Cooperation Committee David Schaaf Mary Swenson Cooperation Committee -Alt. Jerry Turnquist Wash. Co. League of Loc.Gov. David Beaudet Chamber of Commerce /SAEDC Dave Schaaf Assistant Weed Inspector Rollie Staberg Coalition of Utilities Cities Tom Melena Coalition of Utilities Cities -Alt. Dave Schaaf Jerry Turnquist David Beaudet Economic Development Authority - President Jerry Turnquist Economic Development Authority — Vice - President Dave Schaaf Economic Development Authority — Secretary Mark Swenson Economic Development Authority — Treasurer David Beaudet Economic Development Authority — Asst. Treasurer Judy Holst Passed b the City Council of the City of Oak Parr Heights t e12 `h delay of 1 1999. /V■ David D. Schaaf Attest: Mayor Thomas M. Melena City Administrator • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -03 A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS FOR THE CITY OF OAK PARK HEIGHTS IN 1999 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following consultants for 1999: City Engineer: Bonestroo, Rosene, Anderlik, and Associates City Auditor: Tautges, Redpath, Inc. City Planner: Northwest Associated Consultants City Attorney: Ecbberg, Lammers, Briggs, Wolf, & Vierling City Arborist: Plant Health Associates Passed by the City Council of the City of Oak Park Heights this 12t day of January, 1999. David D. Schaaf Attest: Mayor I Thomas M. Melena City Administrator • • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -02 A RESOLUTION DESIGNATING CHARGES FOR CITY ITEMS BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby designates the following charges for City items: 1. Zoning Ordinanace $35.00 2. Subdivision Ordinance $10.00 3. Color City Maps (22" x 32 ") $ 5.00 4. Police Reports $ 10.00 5. Assessment Searches (per parcel) $10.00 6. Copies (per page) $ 0.10 7. Administrative Pees (per hour) $50.00 Passed b the City Council of the City of Oak Park. Heights this 12' day of January, 1999• David D. Schaaf Attest: Mayor Thomas M. Melena City Administrator • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 99 -01 -01 A RESOLUTION DESIGNATING 1999 CHECKING & BANK DEPOSITORIES Central Bank — Checking, Savings, and Investments Lake Elmo Bank — Investments First State Bank of Bayport — Investments Firstar Bank — Investments First Bank — Investments League of Minnesota Cities 4M Fund — Investments Miller, Johnson, Kuehn, Inc. — Investments Smith Barney — Investments Edward Jones — Investments Passed by the City Council of the City of Oak Park Heights this 12` day of January, 1999. David D. Schaaf Attest: Mayor Thomas M. Melena Cit Administrator