HomeMy WebLinkAbout1998 Resolutions • CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -12 -75
RESOLUTION BY THE CITY OF OAK PARK HEIGHTS
ECONOMIC DEVELOPMENT AUTHORITY TO JOIN
THE CITY OF OAK PARK HEIGHTS IN CONDEMNATION PROCEEDINGS
WHEREAS, the City of Oak Park Heights has decided to join in a condemnation
proceeding to acquire land west of Oakgreen Avenue and south of the proposed 58th Street
known as the Ritzer property; and,
WHEREAS, this proceeding is beneficial for the City in terms of economic
development opportunities; and,
WHEREAS, the Economic Development Authority is a body created to help address
development opportunities and potential in the City of Oak Park Heights.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights
Economic Development Authority join with the City of Oak Park Heights in condemnation
proceedings for the Ritzer property to assist in the development of the City's proposed
Central Business District.
Dated this 29th day of December, 1998.
SIGNED:
David D. Schaaf Olt
Mayor
Thomas M. Melena
City Administrator
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -12 -74
RESOLUTION APPOINTING LYNAE BYRNE TO THE
UNEXPIRED CITY COUNCILMEMBER TERM
LEFT VACANT BY JANET ROBERT
WHEREAS, Janet Robert was elected in November 1994 to a four year term on the
City Council of the City of Oak Park Heights; and,
WHEREAS, Ms. Robert decided not to run for reelection in 1998, at the end of her
four year term; and,
WHEREAS, she has submitted her resignation of the position of Councilmember;
and,
WHEREAS, the City Council accepted her resignation and there is a vacancy on the
Council; and,
WHEREAS, Lynae Byrne won election in November, 1998 to serve a four year term.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights
City Council hereby appoints Lynae Byrne to fulfill the unexpired Council term of Janet
Robert on the City of Oak Park Heights City Council.
Dated this 29th day of December, 1998.
SIGNED:
David D. Schaaf elf
Mayor
Thomas M. Melena
City Administrator
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -12 -73
RESOLUTION ACCEPTING THE RESIGNATION OF
JANET ROBERT FROM CITY COUNCIL
WHEREAS, Janet Robert was elected in November 1994 to a four year term on the
City Council of the City of Oak Park Heights; and,
WHEREAS, Ms. Robert decided not to run for reelection in 1998, at the end of her
four year term; and,
WHEREAS, she has submitted her resignation of the position of Councilmember.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights
City Council accepts the resignation of Janet Robert as Councilmember of the City of Oak
Park Heights.
Dated this 29th day of December, 1998.
SIGNED:
David D. Schaaf
1 Mayor
�•^ --'. ��` vim, , . \
Thomas M. Melena
City Administrator
RESOLUTION NO. 98- 12-72
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ADOPTING THE CITY OF OAK PARK HEIGHTS DESIGN GUIDELINES
WHEREAS, the community is experiencing new development and expansions to
commercial and industrial structures within the City; and
WHEREAS, the community has recognized a need to implement regulations on site
design, architecture, parking lot design, pedestrian /bike access, environment, utilities, and
signage for commercial and industrial areas of the City; and
WHEREAS, the Design Guidelines will provide developments and property owners
standards that reflect City policies on building construction and site appearance; and
WHEREAS,the Planning Commission held a public hearing on October 15, 1998
and has reviewed and recommends approval of the Oak Park Heights Design Guidelines.
. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OAK PARK HEIGHTS:
The Design Guidelines dated 1998 is hereby approved and adopted for the City of
Oak Park Heights.
ADOPTED by the City Council of the City of Oak Park Heights this 15th day of
December 1998.
CITY OF OAK PARK HEIGHTS
David Schaaf, Mayor
ATTEST:
-_ �
• Thomas Melena, City Administrator
• RESOLUTION NO. 98- 12-71
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING A THREE MONTH EXTENSION OF
THE DECEMBER 31, 1998 DUE DATE FOR
REVIEW OF THE CITY OF OAK PARK HEIGHTS COMPREHENSIVE PLAN FOR
CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS
WHEREAS, state statutes (Minn. Stat. 473.175- 473.871 (1996) requires that cities
review and revise their comprehensive plans for consistency with Metropolitan Council policy
plans; and
WHEREAS, the Metropolitan Council has amended its policy plans; and has provided
system statements outlining Council policy relative to the City of Oak Park Heights; and
WHEREAS, the City of Oak Park Heights is required to review its comprehensive plan
for consistency with the amended policy plans and to prepare a revised comprehensive plan
for submission to the Metropolitan Council by December 31, 1998; and
WHEREAS, the City of Oak Park Heights has scheduled and budgeted to complete a
major review and update of its comprehensive plan by March 31, 1999;
• i of Oak Park Heights NOW, THEREFORE, BE IT RESOLVED, that the City requests 9
that the Metropolitan Council grant the City of Oak Park Heights a three month extension to the
deadline to complete its comprehensive plan, circulate the revised document to the adjacent
governmental units and affected school districts for review and comment; and, following
approval by the Planning Commission and after consideration by the City Council, submit the
plan to the Metropolitan Council for review.
Adopted by the City Council of the City of Oak Park Heights this 15 day of
December 1998.
CITY OF OAK PARK HEIGHTS
David Schaaf, Mayor
ATTEST: V
Thomas Melena, City Administrator
•
I
Resolution No. 98- 12 -71
• STATE OF MINNESOTA )
) SS
COUNTY OF WASHINGTON )
I, the undersigned, being the duly qualified City Administrator of the City of Oak Park Heights,
County of Washington, State of Minnesota, do hereby certify that I have carefully compared
the attached and foregoing extract of minutes of a regular meeting of said City Council held on
the 15 day of December 1998, with the original thereof on file in City Hall at 14168 57 Street
North, Oak Park Heights, Minnesota.
WITNESS MY HAND officially as such City Administrator this 16 day of December 1998
ATTEST:
Thomas Melena, City Administrator
•
• 2
REQUEST FOR EXTENSION OF PLANNING PERIOD
Name of community Oak Park Heiahts Date December 8, 1998
Responsible person Scott Richards. Citv Planner Phone (612) 595 -9636
Fax (612) 595 -9837
The Council understands that since your plan is not ready for submission, this
information is subject to change. Responding to these questions is intended to provide
tentative information to the Council so that it can anticipate future land needs and plan
for Metropolitan systems.
Request plan extension to March 31, 1998
Anticipated date of submission to adjacent local governments March 30. 1998
Anticipated date of submission to the Metropolitan Council March 30, 1998
Are the community's forecasts of population, households and employment for 2020
different than those developed by the Metropolitan Council? X Yes 0 No 0 Do not
know
If yes, what are the forecasts that the community will be using for its comprehensive
plan?
2000 2010 2020
Slow Strong Slow Strong Slow Strong
Population 4,700 5,000 5,500 6.000 6,600 7.500
Households 1.850 1.950 2.200 2,400 2,675 3,025
Employment 3,100 4.150 4,500
Are the community's housing goals for a mixture of single family detached and multi-
family dwelling units in the period 1996 through 2020 different than those developed by
the Metropolitan Council?
0 Yes X No
Are the community's wastewater flow projections for 2000, 2010 and 2020 different than
those developed by the Metropolitan Council? 0 Yes 0 No X In Progress
*The Citv's Enaineer, Bonestroo Rosene & Anderlik is currently developing the Sewer
Plan for the City.
•
I
What is the amount of vacant (developable) land within the current urban service area?
• Single- family residential 2 acres
Multi- family residential 3 acres
Commercial 120 acres
Industrial 36 acres
Public and semi - public 15 acres
Is there any underused land or land targeted for reuse as residential development?
0 Yes X No
Do you anticipate requesting to add more land to the MUSA? X Yes 0 No
Portions of Lake Elmo and Baytown Township between 2000 - 2020,.
How does this relate to accommodating the Council's forecasts?
Areas to be annexed are within the Urban Reserve.
Are your transportation assumptions consistent with the information in the Council's
system statement? X Yes 0 No
Narrative; Please discuss the current status of your plan. How far along is it? Are you
doing it in -house or using a consultant? If the later, who? (Please use additional
sheets as needed).
• The draft of the Comprehensive Plan is completed and will ao throuah a series of final,
public hearinas with the Plannina Commission startina on December 10. 1998. The
plan is beina developed with the assistance of Scott Richards, from Northwest,
Associated Consultants. Inc. who is the City Planner. A schedule for completion of the,
Comprehensive Plan is as follows:
December 10, 1998 - Planning Commission Public Hearina for Comprehensive Plan,
January 11. 1999 - Plannina Commission Workshop on Comprehensive Plan,
January 21. 1999 - Plannina Commission Public Hearina for Comprehensive Plan
February 18. 1999 - Plannina Commission Recommendation for Citv Council
March 9. 1999 - City Council Presentation on Comprehensive Plan
March 23. 1999 - City Council adopts Comprehensive Plan,
2
I
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 15th day of December, 1998, at7 : 00 o'clock P.M.
The following Council members were present:
Mayor Schaaf, Councilmembers Beaudet,Robert, Swenson, and Turnquist
and the following were absent: none
Council member Beaudet then introduced and read the following written
resolution and moved its adoption:
• A RESOLUTION PROVIDING FOR THE ISSUANCE
AND SALE OF ELDERLY HOUSING REVENUE BONDS (BOUTWELLS
LANDING PROJECT), SERIES 1998A AND B, TO
PROVIDE FUNDS FOR AN ELDERLY HOUSING PROJECT,
ON BEHALF OF PRESBYTERIAN HOMES HOUSING
AND ASSISTED LIVING, INC.
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, Councilmembers Beaudet, Robert, Swenson, and Turnquist
and the following voted against the same: none
whereupon said resolution was declared duly passed and adopted.
• 1005479.4
A RESOLUTION PROVIDING FOR THE ISSUANCE
• AND SALE OF ELDERLY HOUSING REVENUE BONDS,
(BOUTWELLS LANDING PROJECT), SERIES 1998A AND B, TO PROVIDE
FUNDS FOR AN ELDERLY HOUSING PROJECT,
ON BEHALF OF THE PRESBYTERIAN HOMES HOUSING
AND ASSISTED LIVING, INC.
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 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. Authorization of Proiect; Documents Presented,. Presbyterian Homes Housing and
Assisted Living, Inc., a Minnesota nonprofit corporation or Valley Senior Services Alliance, an
entity related to the Company (the "Company "), has proposed to this Council that the City issue and
sell its $8,000,000 Elderly Housing Revenue Bonds (Boutwells Landing Project), Series 1998A, in
substantially the form set forth in the hereinafter - defined 1998A Indenture (the "Series 1998A
Bonds ") and its $30,000,000 Elderly Housing Revenue Bonds (Boutwells Landing Project), Series
1998B, in substantially the form set forth in the hereafter - defined 1998B Indenture (the "Series
1998B Bonds" and together with the Series 1998A Bonds the "Bonds "), pursuant to the Act and loan
the proceeds thereof to 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 Novell 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 "). Forms of the
following documents relating to the Bonds have been submitted to the City:
(a) The Loan Agreement (the "Series 1998A Loan Agreement ") dated as of
December 1, 1998 between the City and the Company, whereby the City agrees to make a
loan to the Company of the gross proceeds of sale of the Series 1998A Bonds and the Loan
Agreement (the "Series 1998B Loan Agreement ") dated as of December 1, 1998 between the
City and the Company, whereby the City agrees to make a loan to the Company of the gross
proceeds of the sale of the Series 1998B Bonds and pursuant to which two agreements the
Company agrees to undertake and complete the Project and 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 Bonds; and
(b) The Indenture of Trust (the "Series 1998A Indenture ") dated as of December
1, 1998, between the City and Firstar Bank of Minnesota, N.A., as trustee (the "Trustee "),
1005479.4 2
authorizing the issuance of and pledging certain revenues, including those to be derived from
• the Series 1998A Loan Agreement, as security for the Series 1998A Bonds, and setting forth
proposed recitals, covenants and agreements relating thereto; and
(c) The Indenture of Trust (the "Series 1998B Indenture ") dated as of December
1, 1998, between the City and the Trustee, authorizing the issuance of and pledging certain
revenues, including those to be derived from the Series 1998B Loan Agreement, as security
for the Series 1998B Bonds, and setting forth proposed recitals, covenants and agreements
relating thereto; and
(d) The Combination Mortgage, Security Agreement and Fixture Financing
Statement and Assignment of Leases and Rents (the "Series 1998A Mortgage "), dated as of
December 1, 1998, 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 Series 1998A Bonds and assigns to the City its
interests in all leases and rents with respect to the mortgaged property; and
(e) The Assignment of Mortgage (the "Assignment ") dated as of the date of
delivery of the Series 1998A Bonds, from the City to the Trustee, by which the City assigns
its interest in the Mortgage to the Trustee; and
(f) The Guaranty Agreement (the "Series 1998A Guaranty ") dated as of
• December 1, 1998, from The Presbyterian Homes of Minnesota, Inc., Presbyterian Homes
Management and Services, Inc., Presbyterian Homes Care Centers, Inc. Presbyterian Homes
Bloomington Care Center, Inc. and Presbyterian Homes of Arden Hills, Inc. (collectively,
the "Guarantors ") to the Trustee to temporarily secure repayment of the Series 1998A Bonds
and the Company's obligations under the Series 1998A Loan Agreement (this document not
executed by the City); and
(g) The Disbursing Agreement (the "Disbursing Agreement ") dated as of
December 1, 1998 among the Company, the Trustee, and the title insurance company named
therein, as disbursing agent, setting forth the conditions to disbursement of proceeds of the
Series 1998A bonds in payment of costs of the Project (this document not executed by the
City); and
(h) The Bond Purchase Agreement (the "Series 1998A Bond Purchase
Agreement "), among Piper Jaffray Inc. (the "Underwriter "), the Company and the City,
providing for the purchase of the Series 1998A Bonds from the City by the Underwriter and
setting forth the terms and conditions of purchase;
(i) The Bond Purchase Agreement (the "Series 1998B Bond Purchase
Agreement "), among the Underwriter, the Company and the City, providing for the purchase
• 1005479.4 3
of the Series 1998B Bonds from the City by the Underwriter and setting forth the terms and
conditions of purchase;
0) The Preliminary Official Statement (together with the form of final Official
Statement and the insertion of the final underwriting details of the Series 1998A Bonds,
including the interest rates thereon, and any other changes deemed necessary or desirable,
intended to constitute the form of the final Official Statement, and including all Appendices
thereto (together the "Official Statement ")), describing the offering of the Series 1998A
Bonds, and certain terms and provisions of the foregoing documents relating to the Series
1998A Bonds; and
(k) The Limited Offering Memorandum describing the offering of the Series
1998B Bonds, and certain terms and provisions of the foregoing documents relating to the
Series 1998B Bonds; and
(1) The Remarketing Agreement (the "Remarketing Agreement ") dated as of
December 1, 1998 among the Company, the Trustee and Piper Jaffray Inc., as remarketing
agent providing for remarketing of the Series 1998B Bonds of the date they convert from a
variable to a fixed interest rate (this document not to be executed by the City).
3. Findings. It is hereby found, determined and declared that:
• (a) Based on Company representations to City, the Project constitutes an elderly
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 Series 1998A Loan Agreement, the Series 1998B
Loan Agreement, the Series 1998A Bond Purchase Agreement, the Series 1998B Bond
Purchase Agreement, the Series 1998A Indenture, the 1998B 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 Series 1998A Indenture and the Series 1998B Indenture, as applicable, under the
provisions of which the City's interest in the Series 1998A Loan Agreement and the Series
• 1005479.4 4
I
1998B Loan Agreement, as applicable, will be pledged to the Trustee as security for the
. payment of principal of, premium, if any, and interest on the corresponding series of Bonds.
(e) 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 Series 1998A Loan Agreement and the Series 1998B Loan
Agreement, as applicable, 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
Series 1998A Loan Agreement on the Series 1998B Loan Agreement, as applicable); and
each Bond issued under either the Series 1998A Indenture or the Series 1998B Indenture
shall recite that such Bond, including interest thereon, shall not constitute or give rise to a
charge against the general credit or taxing powers of the City.
4. ADDroval and Execution of Documents,. The forms of Bonds 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 Series 1998A
Guaranty and Series 1998A Mortgage may be made at the discretion of the parties thereto.
5. ADDroval. Execution and Delivery of Bonds. The City is authorized to issue the
Series 1998A Bonds, in an aggregate principal amount of not to exceed $8,000,000, in the form and
upon the terms set forth in the Series 1998A Indenture, and the Series 1998B Bonds in an aggregate
principal amount of not to exceed $30,000,000, in the form and upon the terms set forth in the Series
1998B 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 Series 1998A Indenture and the Series 1998B
Indenture, as applicable, 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 on the Series 1998A Bonds or 7% per annum on the Series 1998B Bonds. The Underwriter
has agreed pursuant to the provisions of the Series 1998A Bond Purchase Agreement and the Series
1998B Bond Purchase Agreement, and subject to the conditions therein set forth, to purchase the
Series 1998A Bonds at the purchase price set forth in the Series 1998A Bond Purchase Agreement,
• 1005479.4 5
and to purchase the Series 1998B Bonds at the purchase price set forth in the Series 1998B Bond
Purchase Agreement, and said purchase prices are hereby accepted. The Mayor, City Clerk and
other City officers are authorized to execute the Bonds as prescribed in the Series 1998A Indenture
and the Series 1998B Indenture, as applicable, 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 Series 1998A Indenture and the Series 1998B Indenture,
as applicable, for authentication, registration and delivery to the Underwriter.
6. Official Statement and Limited Offerinsi Memorandum,. As requested by the
Underwriter, the City hereby consents to the circulation by the Underwriter of the Official Statement
in offering the Series 1998A Bonds for sale and of the Limited Offering Memorandum in offering
the Series 1998B Bonds for sale; provided, however, that the City has not participated in the
preparation of the Official Statement or the Limited Offering Memorandum or independently
verified the information in the Official Statement or the Limited Offering Memorandum and takes
no responsibility for, and makes no representations or warranties as to, the accuracy, completeness
or sufficiency of such information.
7. 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.
1005479.4 6
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 Presbyterian Homes Housing and Assisted Living, Inc., duly adopted by the City Council
of the City on December 15, 1998, 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 L6th day of December, 1998.
City Clerk
1005479.4
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -12 -70
RESOLUTION ADJUSTING THE UTILITY CONNECTION
CHARGES FOR TRUNK UTILITY IMPROVEMENTS
IN THE CITY OF OAK PARK HEIGHTS
WHEREAS, the City of Oak Park Heights has established a system of connection
charges to assist in financing trunk utility improvements; and,
WHEREAS, these charges need to be adjusted from time to time;
NOW, THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights
will charge a sanitary sewer connection charge of $2,430.00 /acre, a waterworks connection
charge of $4,220.00 /acre, and a storm sewer connection charge of $5,350.00 /acre
• Dated this 15th day of December, 1998.
SIGNED:
David D. Schaaf
Mayor
Thomas M. Melena
City Administrator
•
•
RESOLUTION 98 -12 -69
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 1999 GENERAL FUND LEVY
WHEREAS, the City Staff has prepared and submitted to the City
Council the proposed general fund levy for calendar year 1999; 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 Auditor -
Treasurer the General Fund levy for the City of Oak Park
Heights for calendar year 1999 in the amount of
$1,325,000.00.
2. That the City Administrator is also authorized and
directed to certify to the County Auditor - Treasurer the
Bonded Indebtedness levy for 1995 Street Reconstruction
Bonds in the amount of $59,400.00 to be collected in
calendar year 1999.
3. That the City Administrator is also authorized and
directed to certify to the County Auditor - Treasurer the
sum of $25,000.00 for improvements to Storm Sewer
•
Improvement Tax District No. 1, to be collected in
calendar year 1999 with real estate taxes on the affected
properties.
Passed by the City Council for the City of Oak Park Heights
this 15th day of December 1998.
David D. Schaaf, Maeor
Attest:
Thomas M. Melena
Administrator
•
RESOLUTION 98 -12 -68
•
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 1999 BUDGET
WHEREAS, the City Staff has prepared and submitted to the City
Council the proposed budget for calendar year 1999; 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 1999 budget is hereby approved as presented by the
City Finance Director in the total General Fund amount of
$2,175,215.00.
Passed by the City Council for the City of Oak Park Heights
this 15th day of December 1998.
David D. Sc haaf, May r
Attest:
Thomas M. Melena
Administrator
•
Extract of Minutes of a 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 the City Hall in said City on Tuesday,
the 8th day of December, 1998, at 7:00 o'clock P.M.
The following members were present:
Mayor Schaaf, Councilmembers Beaudet, Swenson, and Turnquist
and the following were absent:
Councilmember Robert
Member Turnauist introduced the following resolution and
moved its adoption:
RESOLUTION RECITING A PROPOSAL FOR A
HOUSING FINANCE PROGRAM TO FINANCE AN ELDERLY
• HOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARY
APPROVAL TO THE PROJECT AND THE ISSUANCE OF
REVENUE BONDS PURSUANT TO MINNESOTA LAW, AND RATIFYING
THE PREPARATION OF A HOUSING FINANCE PROGRAM
(PRESBYTERIAN HOMES OF MINNESOTA, INC. PROJECT)
The motion for the adoption of the foregoing resolution
was duly seconded by member Swenson, and after full discussion
thereof and upon vote being taken thereon, the following voted in
favor thereof:
Mayor Schaaf, Councilmembers Beaudet, Swenson, and
Turnquist.
and the following voted against the same:
None.
4 0 whereupon said resolution was declared duly passed and adopted.
1000670.2
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -12 -67
RESOLUTION RECITING A PROPOSAL FOR A HOUSING
• FINANCE PROGRAM TO FINANCE AN ELDERLY
HOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARY
APPROVAL TO THE PROJECT AND THE ISSUANCE OF
REVENUE BONDS PURSUANT TO MINNESOTA LAW, AND
RATIFYING THE PREPARATION OF A HOUSING FINANCE PROGRAM
(PRESBYTERIAN HOMES OF MINNESOTA, INC. PROJECT)
(a) WHEREAS, Minnesota Statutes, Chapter 462C (the
"Act) confers upon cities, the power to issue revenue
bonds to finance a program for the purposes of planning,
administering, making or purchasing loans with respect to
one or more multifamily housing developments within the
boundaries of the city; and
(b) WHEREAS, the City of Oak Park Heights,
Minnesota (the "City ") has received from Presbyterian
Homes of Minnesota, Inc. (the "Developer ") a proposal
that the City undertake a program to finance a Project
hereinafter described, through the issuance of revenue
bonds or obligations (in one or more series) (the
"Bonds ") pursuant to the Act; and
(c) WHEREAS, the City desires to facilitate the
development of rental housing within the community;
encourage ' the development of affordable housing
• opportunities for residents of the City; encourage the
development of housing facilities designed for occupancy
by elderly persons; and encourage the development of
blighted or underutilized land and structures within the
boundaries of the City; and the Project will assist the
City in achieving these objectives; and
(d) WHEREAS, the Project to be financed by the
Bonds consists of the acquisition of land and site
improvements and the construction and equipping of an
elderly housing development thereon of approximately 228
rental units, of which 90 are designed for independent
living, 36 are designed for Alzheimer's assisted living,
60 are designed for general assisted living and 42 are
designed as duplex and quads (i.e., cottages) to be
located south of 58 Street and Norell Avenue in the
City which will result in the provision of additional
rental housing opportunities to elderly persons within
the community. Approximately 75,000 square feet of said
development will consist of a central building with
central dining and laundry with offices and common areas;
and
(e) WHEREAS, in accordance with Minnesota
Statutes, Section 462C.04, Subdivision 2, the City has
• heretofore submitted to the Metropolitan Council (the
"Council ") a program to finance the Project; and
1000670.2
(f) WHEREAS, a public hearing on the Project was
• held on November 24, 1998, after notice was published and
materials made available for public inspection at the
City Hall, all as required by the Act and Section 147(f)
of the Internal Revenue Code of 1986, as amended, at
which public hearing all those appearing who desired to
speak were heard and written comments were accepted; and
(g) WHEREAS, no public official of the City has
either a direct or indirect financial interest in the
Project nor will any public official either directly or
indirectly benefit financially from the Project:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Oak Park Heights, Minnesota, as follows:
1. The City hereby gives preliminary approval to the
proposal of the Developer that the City undertake the Project,
described above, and the program of financing therefor, pursuant to
the Act, consisting of the acquisition and construction of
multifamily rental housing facilities within the City pursuant to
the Developer's specifications and to a revenue agreement between
the City and the Developer on such terms and conditions with
provisions for revision from time to time as necessary, so as to
produce income and revenues sufficient to pay, when due, the
principal and interest on the Bonds in the total principal amount
of not to exceed $35,000,000 to be issued pursuant to the Act to
• finance the acquisition and construction of the Project; and said
agreement may also provide for the entire interest of the Developer
therein to be mortgaged to the purchasers of the Bonds, or a
trustee for the holder(s) of the Bonds; and the City, acting by and
through the City, hereby undertakes preliminarily to issue its
bonds in accordance with such terms and conditions.
2. At the option of the City, the financing may be
structured so as to take advantage of whatever means are available
and are permitted by law to enhance the security for, or
marketability of, the Bonds; provided that any such financing
structure must be consented to by the Developer.
3. On the basis of information available to the City it
appears, and the City hereby finds, that the Project constitutes a
multifamily housing development within the meaning of subdivision
5 of Section 462C.02 of the Act; that the availability of the
financing under the Act and the willingness of the City to furnish
such financing will be a substantial inducement to the Developer to
undertake the Project, and that the effect of the Project, if
undertaken, will be to encourage the provision of additional
multifamily rental housing opportunities to residents of the City,
and to promote more intensive development and use of land within
the City.
• 4. The Project and the program to finance the Project by
the issuance of revenue bonds, is hereby given preliminary approval
by the City subject to final approval by the City, the Developer
1000670.2 3
and the purchasers of the Bonds as to ultimate details of the
• financing of the Project. Final approval of the Project will not
be granted by the City until a Developer0s Agreement, in a form
acceptable to the City, has been executed by the parties on or
before December 31, 1998.
S. All prior actions taken by the City Staff in
directing Briggs and Morgan, Professional Association, acting as
bond counsel to prepare a housing program for financing the Project
prepared in accordance with the provisions of Minnesota Statutes,
Section 462C.03 is hereby ratified, affirmed and approved.
6. The Developer has agreed and it is hereby determined
that any and all costs incurred by the City in connection with the
financing of the Project whether or not the Project is carried to
completion will be paid by the Developer.
7. Briggs and Morgan, Professional Association, acting
as bond counsel, is authorized to assist in the preparation and
review of necessary documents relating to the Project, to consult
with the City Attorney, Developer and the underwriter of the Bonds
as to the maturities, interest rates and other terms and provisions
of the Bonds and as to the covenants and other provisions of the
necessary documents and submit such documents to the City for final
approval.
• 8. Nothing in this Resolution or the documents prepared
pursuant hereto shall authorize the expenditure of any municipal
funds on the Project other than the revenues derived from the
Project or otherwise granted to the City for this purpose. The
Bonds shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property or funds of the City except the
revenue and proceeds pledged to the payment thereof, nor shall the
City be subject to any liability thereon. The holder of the Bonds
shall never have the right to compel any exercise of the taxing
power of the City to pay the outstanding principal on the Bonds or
the interest thereon, or to enforce payment thereon against any
property of the City, except such property as may be expressly
pledged for the security of the Bonds. The Bonds shall recite in
substance that Bonds, including the interest thereon, are payable
solely from the revenue and proceeds pledged to the payment
thereof. The Bonds shall not constitute a debt of the City within
the meaning of any constitutional or statutory limitation.
9. In anticipation of the approval by all necessary
entities of the housing program and the issuance of the Bonds to
finance all or a portion of the Project, and in order that
completion of the Project will not be unduly delayed when approved,
the Developer is hereby authorized to make such expenditures and
advances toward payment of that portion of the costs of the Project
to be financed from the proceeds of the Bonds, as the Developer
considers necessary, including the use of interim, short -term
• financing, subject to reimbursement from the proceeds of the Bonds
if any when delivered but otherwise without liability on the part
of the City.
1000670.2 4
Adopted by the City Council of the City of Oak Park
• Heights, Minnesota this 8 "' day of December, 998.
Mayor
David D. Schaaf
ATTEST:
Administrator
Thomas M. Melena
•
1000670.2 5
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF OAK PARK HEIGHTS
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that
the same is a full, true and complete transcript of the minutes of
a meeting of the City Council of said City, duly called and held on
the date therein indicated, insofar as such minutes related to a
resolution granting preliminary approval to the Presbyterian Homes
of Minnesota, Inc. Project.
WITNESS my hand this 9th day of December, 1998.
City Administrator
Thomas M. Melena
•
1000670.2 6
•
RESOLUTION NO. 98 -11 -66
CITY OF OAK PARR HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN
AUTOMATED EXTERNAL DEFIBRILLATOR PURSUANT TO
THE LAW ENFORCEMENT DEFIBRILLATOR GRANT PROGRAM
WHEREAS, the Minnesota Department of Public Safety
through the office of the Commissioner has instituted a grant
program that allows law enforcement agencies to obtain an automated
external defibrillator; and,
WHEREAS, the City of Oak Park Heights Police Department
has applied for the grant through the Department of Public Safety;
and,
WHEREAS, by correspondence dated November 16, 1998, the
Department of Public Safety from the office of the Commissioner has
indicated an award of a grant to the Oak Park Heights Police
. Department.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights as follows:
1. That the City of Oak Park Heights does hereby accept
the automated external defibrillator pursuant to the terms and
provisions of the grant program.
2. That the Chief of Police, Mr. Lindy Swanson, is
hereby designated as the responsible authority by the City of Oak
Park Heights to execute on behalf of the City the grant agreement
and other related documents proposed by the Minnesota Department of
Public Safety.
Passed by the City Council for the City of Oak Park
Heights this 24th day of November,
David Schaaf,'Mayor
AT;T:
c v"<-
• Thomas Melena
City Administrator
•
RESOLUTION NO. 98- 11 -
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN
AUTOMATED EXTERNAL DEFIBRILLATOR PURSUANT TO
THE LAW ENFORCEMENT DEFIBRILLATOR GRANT PROGRAM
WHEREAS, the Minnesota Department of Public Safety
through the office of the Commissioner has instituted a grant
program that allows law enforcement agencies to obtain an automated
external defibrillator; and,
WHEREAS, the City of Oak Park Heights Police Department
has applied for the grant through the Department of Public Safety;
and,
WHEREAS, by correspondence dated November 16, 1996, the
Department of Public Safety from the office of the Commissioner has
• indicated an award of a grant to the Oak Park Heights Police
Department.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights as follows:
1. That the City of Oak Park Heights does hereby accept
the automated external defibrillator pursuant to the terms and
provisions of the grant program.
2. That the Chief of Police, Mr. Lindy Swanson, is
hereby designated as the responsible authority by the City of oak
Park Heights to execute on behalf of the City the grant agreement
and other related documents propoeed by the Minnesota Department of
Public Safety.
Passed by the City Council for the City of Oak Park
Heights this 24th day of November, 19
David Schaaf, M, or
AT E T.
• Thomas Melena
City Administrator
11/19/1998 19:52 ECKBERG LRW 4 4390574 N0.728 901
LAW OrrICrs or• (( � T
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firr�rr. (i. (iellr+ COVER SHEET - FACSIMILE TRANSMISSIO1",6Q *0I t;`J
.11.,.l.f.,d .\`�.IrAIU
l +c(cr)iltc,l II.eI E PIAIC 5prcial:a
DATE: November 19, 1998
Please deliver the following page(S) to:
FAX N0: 439 - 0574
NAME: Tom Melena• Oak Park Ileiahts Citv Administrator
FROM: Mark J. Vier.l,in.a / Sandv
TOTAL NUMBER OF PAGES — 2 — , INCLUDING COVER SHEET.
The pages comprising this facsimile transmission contain
confidential information from Eckberg, Lammers, Briggs, Wolff &
confiden
confi This information is intended solely for use by the
• individual or entity named as the recipient hereof. If you are not
the intended recipient, be aware that any disclosure, copying,
distribution, or use of the contents of this transmission is
prohibited. If you have received this transmission in error,
please notify us ley telephone immediately so we may arrange to
retrieve this transmission at no cost to you. violation of this
confidentiality notice could constitute a basis for a claim for
damages against the violation. If you received this communication
in error, please immediately notify us by telephone at (612) 439-
( 2878.
i IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US
BACK AS SOON AS POSSIBLE AT (612) 439 -28 ?8
COMMENTS:
Tom, enclosed is a Resolution that Lindv wanted for the,
council to adoy)t. Please review and aet a conv to Linde For his
input as well. Thanks,
* * * * * * * * * * *
HARD COPY WILL FOLLOW BY MAIL
CITY OF OAK PARK HEIGHTS
• RESOLUTION 98 -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 annual 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 24th day of
November, 1998.
Z4 M" -4
Mayor
David Schaaf
Attest:
City Administrator
Thomas M . Melena
•
CITY OF OAK PARK HEIGHTS
1999 LICENSES
Off -Sale Liquor Licenses
F.T.L. Corporation dba MGM Liquor Warehouse
The Cellars Wines & Spirits of O.P.H., Inc. dba The 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
Phil's Tara Hideaway Inc. dba Club Tara Hideaway
Letru Inc. dba Stillwater Bowl & Lounge
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
Phil's Tara Hideaway Inc. dba Club Tara Hideaway
Letru Inc. dba Stillwater Bowl & Lounge
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 - Intoxicatinq Liquor License
F.T.L. Corporation dba MGM Liquor Warehouse
The Cellars Wines & Spirits of O.P.H., Inc. dba The Cellars
Wines & Spirits
Holiday Stationstores, Inc. dba Holiday Stationstore #237
Fleming Companies, Inc. dba Rainbow Foods
Amusement Licenses
Timark Inc. dba Millroad Inn
Stillwater Eagles Aerie #94 dba Stillwater Eagles
• Letru Inc. dba Stillwater Bowl & Lounge
City of Oak Park Heights
1999 Licenses Continued
Page 2
Tobacco Licenses
Timark Inc. dba Millroad Inn
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
Wal -Mart Store #1861
Fleming Companies, Inc. dba Rainbow Foods
Speedway Superamerica LLC #4549
Bingo Licenses
VFW 323 dba Greeder -Hinds Comfort Post
Stillwater Eagles Aerie #94 dba Stillwater Eagles
•
• EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
OAK PARK HEIGHTS, MINNESOTA
HELD: November 10, 1998
Pursuant to due call and notice thereof, a regular
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 10th day of November , 1998 at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf
Councilperson Jerry Turnquist
Councilperson Mark Swenson
Councilperson David Beaudet
\ Councilperson Janet Robert
and the following were absent: None
Member Swenson introduced the following resolution and
moved its adoption:
• RESOLUTION 1998- 11 -64
RESOLUTION ADOPTING ASSESSMENTS ON NEAL AVENUE /58TH STREET
INTERSECTION IMPROVEMENTS OF 1998 AND BRACKEY
WEST /STILLWATER FORD UTILITY IMPROVEMENTS OF 1997
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 improvement projects consisting
of Brackey West /Stillwater Ford Utility Improvements of 1997 and
the Neal Avenue /58th Street Improvements of 1998; and,
WHEREAS, all such persons desiring to place objections
upon the record have been heard; and,
WHEREAS, the City Council has received the recommendation
from staff with regard to the proposed assessment.
NOW, THEREFORE, BE IT RESOLVED by the City Council for
the City of Oak Park Heights, Washington County, Minnesota as
follows:
1. That such proposed assessment, a copy of which is
annexed hereto and made part hereof by reference, is hereby
accepted and shall constitute the special assessment against the
• lands named therein, and each tract of land therein is found to be
benefited by the proposed improvements.
2. Such assessments shall be as follows:
• a. The assessments affecting Lot 1, Block 1,
Brackey West shall be payable in equal annual installments
extending over a period of five (5) years with the first of said
installments to be payable with the general taxes for the year
1999, collectible with such taxes during the year 1999.
b. The assessments as against all other properties
shall be payable in an equal singular annual installment extending
over a period of one (1) year, with the first and only of said
installments to be payable with the general taxes for the year
1999, collectible with such taxes during the year 1999.
c. To the first installment shall be added interest
at the rate of 6.4213% per annum on the entire principal amount of
the assessment from the date of this resolution until December 31
of the year in which such installment is payable. To each
subsequent installment, when due, there shall be added interest for
one year at said rate on the unpaid principal amount of the
assessment, if applicable.
d. The owner of any property so assessed may at any
time prior to the certification of the assessment or the first
installment thereof to the County Auditor pay the whole of the
principal amount of the assessment on such property with interest
• accrued to the date of payment to the City Treasurer, except that
no interest shall be charged if the entire assessment is paid
within thirty (30) days from the date hereof; and such property
owner may at any time prior to November 15 of any year pay to the
County Auditor the entire principal amount of the assessment
remaining due with interest accrued through December 31 of the year
in which said payment is made.
3. The City Administrator shall forthwith transmit a
certified duplicate copy 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 Beaudet and upon a vote being taken
thereon, the following voted in favor thereof:
Mayor David Schaaf
Councilperson Jerry Turnquist
Councilperson Mark Swenson
Councilperson David Beaudet
Councilperson Janet Robert
and the following voted against the same:Ncne
•
4
• Whereupon said resolution was declared duly passed and
adopted.
•
•
CERTIFICATE OF COUNTY AUDITOR
AS TO
FILING OF ASSESSMENT ROLL
County Auditor
Washington County
Stillwater, Minnesota
I, the undersigned, being the duly qualified and acting
County Auditor of Washington County, Minnesota, hereby certify that
there has been filed in my office a certified copy of the
Resolution of the , C /r ity Council of the City of Oak Park Heights,
Minnesota, dated /o /0 7i�t , 1998, adopting the
assessments for the Brackey West /Stillwater Ford Utility
Assessments of 1997 and the Neal Avenue /58th Street Improvements of
1998 with assessment roll attached thereto, and that said
• assessments have been extended on the tax rolls of Washington
County for payment commencing in the year 1999.
WITNESS my hand and the official seal of the County
Auditor this � day of 1998.
7)' � -, - f"i�
Co ty Auditor
(SEAL)
•
• CERTIFICATE TO COUNTY AUDITOR
County Auditor
Washington County
Stillwater, Minnesota
THIS IS TO CERTIFY that the attached list embraces all
unpaid assessments levied by ^t/he City Council of the City of Oak
Park Heights, Minnesota on IVO /-em,6 -c r /v , 1998, under
Minnesota Statutes Chapter 429, for the improvement of the City of
Oak Park Heights, Minnesota, by the construction of the Brackey
West /Stillwater Ford Utility Improvements of 1997 and the Neal
Avenue /58th Street Improvements of 1998. The assessment is payable
over a period off years and one installment with interest as
provided in the attached statement is to be extended on the
w property tax lists of the County each year as required under M.S.A.
429.
WITNESS my hand as such Administrator and the seal of
said City this 10th day of November 1998.
Thomas Melena
City Administrator
(SEAL)
•
CERT I F I CAT I ON OF ASSESSMENTS
TO WASHINGTON COUNTY AUDITOR'S OFFICE
BY CITY OF OAK PARK HEIGHTS
Date Submitted: 11 -20 -98
-----------------------------
Indicate One Of The Following As An Activity Code: (A) ADD
(D) DELETE
Project # o80821
--------------- --
Project Description: West /Stillwater Ford Util & St. Imp -
-----------
Start Yr, 1999 - -- Yr.'s Covered: 1 Extra Ma's
Extra Days .......... Interest Rate: 6.4213
ACTIVITY' CODE PROPERTY # ASSESSMENT AMOUNT
--------------------------------------
A : 06- 029 -20 -14 -0004 9,978.53
--------------------
__- _- _A_- ______ - -_ 06-029-20-14-0005 9,978.53
._____A_ 06- 029 -20 -14 -0006 9,978.53
• -----------------------------
A : 06-029-20-41-0002
_____ -- - - - - -_ 9,978.54
A 06- 029 -20 -11 -0015 36,155.15
--------------------------
______ A ----- _--- ------- 22,159.61
----- - - - - -=
---------- __06_029_20_11_0013_ - - _ - -- 76,257.75
---------------------------------
------------------------------------------ ---------------------
___________________ Total _ 174,486.64
---------------------------------------
---------------------------------------------
--------------------------------------------
-----------------------------------------------
-------------------------------------------------
------------------------------------------- --------------------- -
---------------------------------------------------
-----------------------------------------------
-----------------------------------------------
--------------------------------------------------------
• ----------------------------------------------------------- - - - - --
-------------------------------------------------------- - - - - --
• CERTIFICATION OF ASSESSMENTS
TO WASHINGTON COUNTY AUDITOR'S OFFICE
BY CITY OF OAK PARK HEIGHTS
Date Submitted 11 -20 -98
-----------------------------
Indicate One Of The Following As An Activity Code: (A) ADD
(D) DELETE
Project # O 80821
--------------- --
Project Description Brackey West /Stillwater Ford Util & St. Imprs.
--------------------------------------------
Start Yr. - Yr.'s Covered: 5 Extra Mo's
----- - - - - -- --- - - - - --
Extra Days .......... Interest Rate: 6 .4213 •�
ACTIVITY CODE PROPERTY # ASSESSMENT AMOUNT
---------------------------------------------------
______ A --------- 06-029-20-11-0011 ---- - -
- -_- 253,758.74 -- - - - -_-
A -------
06- 029 -20 -11 -0012 17,197.04
- - - - -- --------------------------------------------------
A 06-029-20-14-0009 25,363.59
-------------------------------------------
---------------------
-____ A ---- - - - - --- - 0 6-029-20-14-0010 0----- - _ - - -- 30,919.87
- - - -_ A ----- _ - - -_- 06-029-20-14-0011 - ----- -_ 48,305.27
-----------------------------------
---- ------------- -----------------------------------------------
---------------------------------------------------------
--------------------------------------------------------------
------- ---------- ------------------------------------------------
Total 375,544.51
------------------------------------------------------------
----------------------------------------------------------------
-----------------------------------------------------------------
-----------------------------------------------------------------
----------------------------------------------------------------
-----------------------------------------------------------------
--------------------------------------------------
------------------------------------------------
---------------------------------------------------------------
----------------------------------------------------------- - - - - --
RESOLUTION NO. 98_11_
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION OF THE CITY COUNCIL
APPROVING OF ADVISORY GUIDELINES
ESTABLISHING CIVIL PENALTIES FOR
THE VIOLATION OF STATE LAW REGARDING
THE SALE OR FURNISHING OF ALCOHOL TO MINORS.
WHEREAS, Minnesota Statutes Section 340A.503 provides that it
is a gross misdemeanor to sell, barter, furnish or give alcoholic
beverages to a person under twenty -one (21) years of age; and,
WHEREAS, the City conducts regular compliance checks to insure
that those establishments holding municipal liquor licenses in the
City of Oak Park Heights are in compliance with this State Statute.
In the event that a liquor license establishment is proved to have
violated State law, then the Council is called upon to determine
how to proceed properly; and,
WHEREAS, Minnesota Statutes Section 340A.415 authorizes the
City Council, upon proof of a violation of State law, to revoke the
license or permit, suspend the license or permit for up to sixty
(60) days, impose a civil penalty of up to Two Thousand Dollars
($2,000.00) for each violation, or impose any combination of these
sanctions.
NOW, THEREFORE, in order to guide the City Council, and in
order to create a uniform system for dealing with these violations,
the City Council of the City of Oak Park Heights does hereby
approve the following:
1. The following designated civil penalties shall constitute
advisory guidelines for City Council action in cases of violation
of City issued liquor licenses. It is understood that the Council
may deviate from these advisory guidelines based upon compelling
circumstances presented in individual cases.
Sale of Alcoholic Beverages to Minors (or Permit a Person
Under the Age of Twenty -One (21) to Drink Alcoholic Beverages
on the Licensed Premises)
First Offense: Five Hundred Dollar ($500.00) civil fine.
Second Offense: One Thousand Dollar ($1,000.00) civil fine
and one (5) day license suspension (Monday through Friday).
for "off sale" licensee's; three (3) weekend days suspension
(Friday through Sunday) for "on sale" licensees
•
Third Offense: One Thousand Five Hundred Dollar ($1,500.00)
civil fine and a ten (10) day license suspension (to include
10 at least one weekend day (Friday or Saturday), for "off sale"
licensees and seven (7) day suspension for "on sale"
licensees.
Fourth or Subseauent Offense.: At City Council discretion.
2. If the City Council imposes a civil fine, the Council
shall also allow the license holder a reasonable time to pay the
fine. A "reasonable time to pay" means that all fines shall be
paid within sixty (60) days, unless the Council determines that a
longer period of time is justified under the circumstances of the
case. Failure of a license holder to pay a fine within sixty (60)
days (or within the time otherwise allowed by the Council) shall
cause that license to become immediately suspended until full
payment is received by the City.
3. Any license holder who has had their license or permit
suspended or revoked pursuant to City action shall not be allowed
to operate the activity which required the license until the
license is reinstated. Any operation during a period of suspension
or revocation shall be deemed to be an additional violation of the
City's Liquor License Ordinance and of State law.
WHEREUPON, a motion was made by Councilmember Swenson
and seconded by Councilmember Beaudet to adopt this
Resolution.
The following members voted in favor:
Mayor Schaaf, Councilmembers Beaudet, Robert, Swenson, Turnquist
The following members voted against:
None
The following abstained:
None
WHEREUPON, said Resolution was declared duly passed and
adopted this 10th day of November 19
A ; !
David Schaaf, Mayor
ATTEST:
Thomas Melena
• City Administrator
CITY OF OAK PARK HEIGHTS
0 WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -11 -62
RESOLUTION ESTABLISHING A PUBLIC HEARING DATE
TO CONSIDER THE SUSPENSION/REVOCATION OF LIQUOR
LICENSE VIOLATIONS IN THE CITY OF OAK PARK HEIGHTS
WHEREAS, an off -sale of 3.2 beer and/or non - intoxicating liquor had been issued to
Holiday Stationstores No. 237 for calendar year 1998; and,
WHEREAS, it is unlawful to sell liquor to a minor in the State of Minnesota and in
violation of City ordinances; and,
WHEREAS, it appears by a police report that the licensee did provide liquor to an
unauthorized individual in violation of both state law and City ordinances; and,
WHEREAS, the licensee has been given personal notice of this public hearing,
NOW, THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights
sets a public hearing for Tuesday, November 24, 1998 at 7:00 p.m. at Oak Park Heights City
Hall, 14168 North 57th Street, Oak Park Heights, Minnesota.
Dated this 10th day of November, 1998.
SIGNED:
David D. Schaaf
Mayor
Thomas M. Melena
City Administrator
CITY OF OAK PARK HEIGHTS
NOTICE OF PUBLIC HEARING
REGARDING SUSPENSION /REVOCATION
OF LIQUOR LICENSE
The City of Oak Park Heights will hold a Public Hearing on Tuesday, November 24, 1998 at
7:00 p.m. at Oak Park Heights City Hall at 14168 North 57th Street to discuss the possible
suspension/revocation of a liquor license for Holiday Stationstores, Inc. d /b /a Holiday
Stationstores No. 237 issued for calendar year 1998 affecting off -sale of 3.2 beer and /or non-
intoxicating liquor. Holiday Stationstore is located at 14773 60t Street North, Oak Park
Heights, Minnesota.
All who wish to comment are asked to attend and be heard.
Date: November 10, 1998
BY ORDER OF THE CITY COUNCIL
Thomas M. Melena
• City Administrator
•
•
RESOLUTION NO. 98-11-61
_
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DIRECTING THE CITY ADMINISTRATOR OF
THE CITY OF OAK PARK HEIGHTS TO PROVIDE
NOTICE OF HEARING REGARDING SUSPENSION /REVOCATION
OF LIQUOR LICENSE
WHEREAS, the City of Oak Park Heights has issued a liquor
license to Stillwater Eagles Aerie 94 for calendar year 1998
affecting on -sale of liquor and /or wine; and,
WHEREAS, ordinances and regulations of the City of Oak
Park Heights impose compliance with state laws as affects the sale
and distribution of liquor and related products; and,
WHEREAS, it is unlawful to sell liquor to a minor or
person not of age within the State of Minnesota; and,
WHEREAS, it appears by police report received from the
City Council that on or about September 11, 1998 the licensee did
provide liquor by way of sale to an unauthorized individual in
violation of the ordinance in such case made and provided; and,
WHEREAS, the City Council determines it appropriate and
necessary to provide the licensee with an opportunity to be heard
to determine the nature of the complaint and to determine whether
or not sanctions should be imposed as it affects the license by the
City Council for the City of Oak Park Heights.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights that the office of the City
Administrator is herewith directed to deliver personal notice to
the licensee specifying a date and time for hearing to allow the
licensee to appear and show cause as to any reason they have why
disciplinary or other action should not be taken by the City of Oak
Park Heights which may include suspension or revocation of the
license for violation of the state law and the ordinances in such
case made and provided as it affects the sale to persons not of age
of the regulated product.
•
• Passed by the City Council or the City of Oak Park
Heights this 10th day of Novem$e 1998
David Schaaf, Mayor
ATT T:
Thomas Melena
City Administrator
•
•
I
t
• CITY OF OAK PARK HEIGHTS
COUNTY OF WASHINGTON
STATE OF MINNESOTA
In Re: On -Sale Liquor and /or
Wine License
ORDER TO SHOW CAUSE
TO: Stillwater Eagles Aerie 94, 13523 North 60th Street, Oak
Park Heights, Minnesota 55082
At the direction of the City Council for the City of Oak
Park Heights, it is hereby ordered that you, Stillwater Eagles
Aerie 94 and /or your representative, appear before the City Council
for the City of Oak Park Heights at 7:00 o'clock p.m. on
Tuesday, November 24 1998 at the Oak Park Heights Municipal
• Building at 14168 - 57th Street North, Oak Park Heights, Minnesota
55082, or as soon thereafter as Council can be heard, and show
cause, if any you have, why an order should not be issued by the
City Council for the City of Oak Park Heights limiting, suspending
or revoking your 1998 on -sale liquor or wine licenses as have been
previously issued by the City of Oak Park Heights to Stillwater
Eagles Aerie 94.
Specifically, you should show cause why your license as
referenced above should not be suspended, revoked, or other
sanctions imposed by the City of Oak Park Heights as a result of
the illegal sale of liquor to an underage person that occurred upon
your premises September 11, 1998 as the same is verified by the
offense report issued by the City of Oak Park Heights Police
•
i
• Department, a true and correct copy of which being annexed hereto
and incorporated by reference herein.
Specifically, you should be prepared to respond as to
whether or not Eagles Aerie 94 has violated the provisions of
Ordinance 1202.09(A) by the sale of liquor to a person not
qualified or authorized to purchase or procure liquor, in addition
to the laws of the State of Minnesota affecting liquor control
which prohibit sales to underage individuals. Specifically, Minn.
Stat. §340A.01, et seq.
Dated this 10th day of November 1998.
BY ORDER OF THE CITY COUNCIL
Thomas M. Melena
• City Administrator
•
CITY OF OAK PARK HEIGHTS Page 1 of 1
-POLICE DEPARTMENT OFFENSE REPORT
FOR ALL CRIMES, ATTEMPTS, INVESTIGATIONS AND INCIDENTS
OPH CASE NO. 000 CASE NO. O.R.I. NO. COMPLAINT RECD HOW COMPLAINT RECD
DATE TIME PHONE RADIO CITIZEN LETTER FOUNC
02846 9 -11 -98 1825 XX
'SENSE OR INCIDENT SUBJECT LOCATION OF OCCURRENCE
Eagles 94, 13523 N 60th, Oak Park Heights MN
55082
221 W Laurel, Stillwater MN 55082
INCIDENT OCCURRENCE OFFICERS ASSIGNED DETECTIVES ASSIGNED REPORT MADE
DATE TIME DATE TIME
9 -11 -98 1825 Croft
VICTIM (IF FIRM. NAME OF FIRM & NAME OF PROP.) BUSINESS ADDRESS BUSINESS PHONE
HOME ADDRESS HOME PHONE
IF VICTIM IS A PERSON ► RACE SEX D.O.B.
PERSON REPORTING OFFENSE TO POLICE BUSINESS ADDRESS BUSINESS PHONE
Croft HOME ADDRESS HOME PHONE
•
On 9 -11 -98 at 1825 hours I had two 19 year old volunteers assist me in doing alcohol compliance
checks at the Eagles 94 in Oak Park Heights. Both Females went into the establishment together
and each ordered a Miller Lite beer. The waitress asked for I.D. and each showed their MN
picture drivers license to the waitress. The I.D.s showed that they were each only 19 years
old.
*Trista °'Lynn Rausch,°6-30-79, 1022 Glenhill Rd, Shoreview MN (New Address: 371 Old Hwy 8,
New Brighton MN 55112, 636 -1729) Copy of MN DL attached to report.
*Barbara Louise Farinacci; 2 =4 -79, 1892 Gluek Ln, Roseville MN (New Address: 371 Old Hwy 8,
New Brighton MN 55112, 636 -1729) Copy of MN DL attached to report.
After the waitress looked at the Drivers License of the two 19 year olds, she proceeded to
serve them each a can of Miller Lite _ beer. Farinacci paid $4.10 for the two beers and the
waitress opened the cans for them and set the beers in front of them before walking away.
At this time Farinacci came out to the parking lot, got me, and I walked inside the
establishment. Farinacci and Rausch pointed out a female behind the bar as the one who had
served them alcohol. I identified her as:
*Michelle Marie Schmidt,,8 -5 -69, 221 W. Laurel, Stillwater MN 55082, 430 -1463
I advised Schmidt that she would be charged by formal complaint for the sale of alcohol to
minors. She stated that she knew she was "busted" as soon as she saw me — Zhe.stated that .shei
had looked at their ID's and must have read them wrong..,I pointed out that both ID's show
that their 21st birtday isn't until the tear 2000. She stated that she was sorry. As was T
explaining to her about the consequences she stated that she already knew because she had- served
to minors the last time we did compliance checks and she was charged with a GM at that time.f
B� bottles of beer were taken to the OPH PD and placed into evidence.
Washington County Alcohol Compliance Check Project
Buyer Report Form
ease fill out this form after every attempt/ successful purchase of alcohol as part of the Alcohol Compliance
ck Project. Please make a copy of all forms and return them to: HELM, Attn: Cathy Mackiewicz, 14900
61" Street North, P.O. Box 3803, Stillwater, MN 55082.
Law Enforcement Agency: 0,-k Pr- k /rte t yA i s P -
Date of attempt: 9 "/� � Time in:
P v )� S ?M Time out: 4 Case #
Name of business: —& n o�'
Address: t 1
3 523 eN l i,iJ "l
My name is: 7�7q G %n O C c , I am years old. My date of birth is 1�n
I am () male female. I was born in
(county and state)
Purchase:
I purchased an alcoholic beverage and paid
EG the seller described
below.
I was () as not () questioned as to my age.
I was was not () asked for an ID.
O usal to Sell:
I attempted to purchase (describe alcohol taken to counter), an alcoholic
beverage, but the seller:
() refused to sell to me.
() asked for an ID and when I said it was in the car refused to sell to me.
() asked my age and when I said my true age, refused to sell to me.
Seller Description:
The clerk /cashier /waitperson/bartender is: (describe)
Male Female Hair color
Shirt/top color Trouser /dress/bottom color
Height Weight Age 2
Other (ID/name badge, etc.)
YU.,.,...,� I have read the
above statement and all facts are true and correct.
Print name d Y!JI1 --ti Ate\ Signature / Date
Witnessin Officer: N,
Print Name 31- 5 v l
�`�� Signature Date
ambuyer report form /
BLU I r4 I 119 (F I C I C5 100
EYES HEIGHT WEIGHT SEX CLAfS Lt3UED EXPIRES
• I BIRTH DATE
F_ -652- 081 -549 - 093
s C t
1 v 1,11 ,,fEF 1. K
21 ST BARBARA LOUISE FARINACCI
FEB -04 -2000 f W u.�; Iz �{ ��
I o IL I**q] jugs-gilbwel 4 6-im
Molk Viol
BRN 4 s IC JH5 O
EYES 1 5 HE1CMT I WEIGHT IF
CLASS ISSUED
BIRTH DATE
R-200-802-564-517
12
X A
L
21ST TRISTA LYNN RAUSCH
BIRTH
DAm- JUN-30-2000- 4 3071
' Washington County Alcohol Compliance Check Project
Buyer Report Form
,&ase fill out this form after every attempt/ successful purchase of alcohol as part of the Alcohol Compliance
eck Project. Please make a copy of all forms and return them to: HELM, Attn: Cathy Mackiewicz, 14900
61" Street North, P.O. Box 3803, Stillwater, MN 55082.
Law Enforcement Agency: P '-/IK
V
Date of attempt: `J -� - 9 Time in: 16 S P h Time out: G . 3 3 P -" Case #
Name ofbusiness: qU
L
Address: s23 N.. �j 0P!7 /7/t/ .S5 $
My name is: �y �- I am years old. My date of birth is /i
I am () male` female. I was born in SA e-/4 - c /''1 A-�
(\ (county and state)
Purchase:
I purchased ' , an alcoholic beverage and paid $ ~ a•� o the seller described
below.
I was () was not () questioned as to my age.
I was "was not () asked for an ID.
usal to Sell:
I attem ted to purchase p p chase (describe alcohol taken to counter), an alcoholic
beverage, but the seller:
() refused to sell to me.
() asked for an ID and when I said it was in the car refused to sell to me.
() asked my age and when I said my true age, refused to sell to me.
Seller Description:
The clerk/cashier /waitper on/bartender is: (describe)
Male Female V Hair color
Shirt/top color Trouser /dress/bottom color
Height S Weight Pee' I Age
Other (ID/name badge, etc.)
`t ' 1 °'� -• : =Q �.. d �r�6JJU�bJJ na u A 1:�d.� 1 ' I have read the
above statement and all facts are true and correct.
Print nam�YI;4 at_ti1c-47 Sign ature t" ti� r t Date i
V itnessing Offi er: `V'_7" `
Print Name �os e .C�
p � � r� ,Signature 2 ` C Date
ambuyer report form A/
•
RESOLUTION NO. 98 - -bo
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DIRECTING THE CITY ADMINISTRATOR OF
THE CITY OF OAK PARK HEIGHTS TO PROVIDE
NOTICE OF HEARING REGARDING SUSPENSION /REVOCATION
OF LIQUOR LICENSE
WHEREAS, the City of Oak Park Heights has issued a liquor
license to Holiday Stationstores, Inc. d /b /a Holiday Stationstore
No. 237 for calendar year 1998 affecting off -sale of 3.2 beer
and /or non - intoxicating liquor; and,
WHEREAS, ordinances and regulations of the City of Oak
Park Heights impose compliance with state laws as affects the sale
and distribution of liquor and related products; and,
WHEREAS, it is unlawful to sell non - intoxicating liquor
to a minor or person not of age within the State of Minnesota; and,
• WHEREAS, it appears by police report received from the
City Council that on or about September 11, 1998 the licensee did
provide non - intoxicating liquor by way of sale to an unauthorized
individual in violation of the ordinance in such case made and
provided; and,
WHEREAS, the City Council determines it appropriate and
necessary to provide the licensee with an opportunity to be heard
to determine the nature of the complaint and to determine whether
or not sanctions should be imposed as it affects the license by the
City Council for the City of Oak Park Heights.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights that the office of the City
Administrator is herewith directed to deliver personal notice to
the licensee specifying a date and time for hearing to allow the
licensee to appear and show cause as to any reason they have why
disciplinary or other action should not be taken by the City of Oak
Park Heights which may include suspension or revocation of the
license for violation of the state law and the ordinances in such
case made and provided as it affects the sale to persons not of age
of the regulated product.
•
I
• Pas_.Q'; ri tv Council for the City of Oak Park
Heights this }Oth day of November, r, 1998.
t �
David Schaaf, Mayor
ATTEST: (J
Thomas Melena
City Administrator
•
L �
t
CITY OF OAK PARK HEIGHTS
COUNTY OF WASHINGTON
STATE OF MINNESOTA
In Re: Off -sale of beer and /or
non - intoxicating liquor license
ORDER TO SHOW CAUSE
TO: Holiday Stationstores, Inc. d /b /a Holiday Stationstore
No. 237, 4567 West 80th Street, Minneapolis, Minnesota
55437
Holiday Stationstore No. 237, 14773 - 60th Street North,
Oak Park Heights, Minnesota
At the direction of the City Council for the City of Oak
Park Heights, it is hereby ordered that you, Holiday Stationstores,
Inc. d /b /a Holiday Stationstore No. 237 and /or your representative,
appear before the City Council for the City of Oak Park Heights at
7:00 o'clock p.m. on November 24 1998 at the Oak
Park Heights Municipal Building at 14168 - 57th Street North, Oak
Park Heights, Minnesota 55082, or as soon thereafter as Council
can be heard, and show cause, if any you have, why an order should
not be issued by the City Council for the City of Oak Park Heights
limiting, suspending or revoking your 1998 off -sale beer or non -
intoxicating liquor licenses as have been previously issued by the
City of Oak Park Heights to Holiday Stationstores, Inc. d /b /a
Holiday Stationstore No. 237.
Specifically, you should show cause why your license as
referenced above should not be suspended, revoked, or other
sanctions imposed by the City of Oak Park Heights as a result of
CITY OF OAK PARK HEIGHTS Page 1 of 1
POLICE DEPARTMENT RE POR T
FOR ALL CRIMES, ATTEMPTS, INVESTIGATIONS AND INCIDENTS
OPH CASE NO. OOD CASE NO. O.R.I. NO. COMPLAINT REC'D HOW COMPLAINT REC'0
DATE TIME PHONE RADIO CITIZEN LETTER FOUNC
08002847 9 -11 -98 1905 xx
=FENSE OR INCIDENT SUBJECT LOCATION OF OCCURRENCE
5 -23 -77 Holiday store
14843 60th #9 4, 14773 N 60th, Oak Park Heights, MN 55082
Oak Park Heights, MN 55082
439 -6511
INCIDENT OCCURRENCE OFFICERS ASSIGNED DETECTIVES ASSIGNED REPORT MADE
DATE TIME DATE TIME
9 -11 -98 1905 Croft
VICTIM (IF FIRM, NAME OF FIRM & NAME OF PROP.) BUSINESS ADDRESS BUSINESS PHONE
HOME ADDRESS HOME PHONE
IF VICTIM IS A PERSON w RACE SEX D.O.B.
PERSON REPORTING OFFENSE TO POLICE BUSINESS ADDRESS BUSINESS PHONE
Croft HOME ADDRESS HOME PHONE
•
On 9 -11 -98 at 1905 hours I had two 19 year old volunteers assist me in doing alcohol compliance
checks at the Holiday store in Oak Park Heights. Both females went into the establishment
together and they picked out a 12 pack of Bud Light. They walked up to the counter and
paid $9.04 for the 12 pack. The clerk had asked the purchaser for an ID and she produced her
MN DL showing her to be:
*Trista Rausch - Z-30 =79, 1022 Glenhill Rd, Shoreview MN (New Address:371 Old Hwy 8,
New Brighton MN 55112, 636 -1729) Copy of MN DL attached to report
The other volunteer also showed her ID at the same time without being asked, showing her as:
`�Barb6ii"Louise Fari.riacci -79, 1892 Gluek Ln, Roseville MN (New Address: 371 Old Hwy 8,
New Brighton MN 55112, 636 -1729) Copy of MN DL attached to report
After paying for the alcohol they walked out of the store and identified the person that
sold the alcohol as a younger female (approx. 21) with brown hair and "Jenny" on her name tag.
I went inside and identified the seller as:
*Jennifer Ann Anderson,s5- 23 -77, 14843 60th #9, OPH MN 55082, 439 -6511
Anderson stated that she must not have looked at the ID's good enough when I advised her
that she had just sold alcohol to a minor. I advised her that she would be charged by formal
complaint for the sale of alcohol to a minor.
The 12 pack was placed into evidence at the Oak Park Heights Police Department.
•
Washington County Alcohol Compliance Check Project
Buyer Report Form
,Tease fill out this form after every attempt/ successful purchase of alcohol as part of the Alcohol Compliance
eck Project. Please make a copy of all forms and return them to: HELM, Attn: Cathy Mackiewicz, 14900
61" Street North, P.O. Box 3803, Stillwater, MN 55082. ? Q)f C<
Law Enforcement Agency: D Fc"k l r f i3m
Date of attempt: 'T L (— C () Time in: . �` '�j Time out: Case #
Name of business:
�J
Address: 7 ,(l. 6 " U-tk Q `'1 N
My name is: am years old. My date of birth is(/!D -19
I am () male female. I was born in c' r�
(county and state)
Purchase: 1
I purchased 'A ` �� , an alcoholic beverage and paid 0.0 to the seller described
below.
I was () was not () questioned as to my age.
I was %V-�as not () asked for an
l fusal to Sell:
I attempted to purchase (describe alcohol taken to counter), an alcoholic
beverage, but the seller:
() refused to sell to me.
() asked for an ID and when I said it was in the car refused to sell to me.
() asked my age and when I said my true age, refused to sell to me.
Seller Description:
The clerk/cashier /wai erson/bartender is: describe
Male Female Hair color ���
�1
Shirt/top color L� C\ C� `.�•, C L 'v Trouser /dress/bottom color (R_,Y\-Q:)
Height Weight ?Age 1
Other (ID/name badge, etc.)
�.:,?.i;_ �� :.d .. !:'.p.�.:.;�.,.._. I have read the
above statement and all _facts are true and correct.
Print name (���� C��.�SL ti�Signature� ,t)2) Date I Ir9�i
Witnessin Off, er: y—
Print Name ��� Signature r� a + Date / �/ �g
ambuyer report form
BLU 15-4 I 119 I F I C I C5 100
EYES HEIGHT WEIGHT SEX CLASS ISMED EXPIRES
• BIRTH DATE
F -652- 081 -549 -093
.3 ft (
21ST BARBARA LOUISE FARINACCI
S " AR FEB-04-2000 I?u �Z �{
•
•
Ilk , ■ ■
BRN 15 I C I H5 100
EYES HEIGHT WEIGHT SEX CLASS ISSUED EX►IRES
16 ti (, i
BIRTH DATE
R 200 - 802 - 564 -517
21 TRISTA LYNN RAUSCH
BIRTH DATE 3 O 7
JUN 30 2000 �
Adak
O.P.H.P. SE NO. EVIDENCE BIN O.R. I. a y '
OAK PARK HEIGHTS POLICE DEPARTMENT
PROPERTY INVENTORY REPORT PAGE NO.
TYPE OF COMPLAINT -
I PLACED IN PROPERTY ROOM BY PROPERTY ROOM USE ONLY
A/c c�q /o �L /11/%1/'
VICTIM ADDRESS PHONE PROPERTY TAKEN INTO CUSTODY AT / -
PERSON rI FA� RREST 1 ED CHARGE t� A DOB By
-
JP ^n�TCI'
REASON PROPERTY HELD FROM (NAME & PHONE)
OWNER, IF KNOWN •/ �� f � �k Hsr�
ADDRESS PHONE DATE TIME: PROP RECD
K CIRCUMSTANCES INVOLVED:
W
o 0 A 1C-a .0 Lo M c %«k' S
Ix IL
F QUANTITY ITEMIZE: DESCRIBE VALUE QUANTITY
� ITEMIZE DESCRIBE VALUE
z
W U
6. <
I / z p�rk B(I /1" ! gf 9 y
1 1 v
x 2 8
z
IL 0
3
9
W W 10
10
J �
LL U
W W 5 11
N F
< W
V
I I b 12
> PROPERTY OUT TO COURT OR OTHER BY: DATE
W PROPERTY OUT TO COURT OR OTHER BY: DATE
F
.z
S<
3U
PROPERTY RETURNED FROM COURT OR OTHER BY: DATE PROPERTY RETURNED FROM COURT OR OTHER BY:
GATE
PROPERTY RELEASE ORDERED BY: PROPERTY RELEASED BY- DATE
RECEIVED BY: ADDRESS
1
2
3
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -10 -59
RESOLUTION RECOGNIZING LYLE ECKBERG'S DISTINGUISHED
CAREER IN LAW AND HIS SERVICE AND CONTRIBUTIONS
TO THE CITY OF OAK PARK HEIGHTS
WHEREAS, Lyle Eckberg has served a distinguished career as an attorney since
1942; and
WHEREAS, he also served as the attorney for the City of Oak Park Heights from
1959 through 1980; and
WHEREAS, during this period, Lyle Eckberg has practiced law in an outstanding
manner and has shown respect for both the law and his clients; and
. WHEREAS, the City of Oak Park Heights recognizes his contributions to the City
and its development as well as Lyle Eckberg's overall career.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights
hereby recognizes and commends Lyle Eckberg on his distinguished service in the area of
law in general and his service to the City of Oak Park Heights specifically and thanks him
for his dedication over the years.
Dated this 6th day of October 1998.
SIGNED: "014
David D. Schaaf
Mayor
Thomas M. Melena
City Administrator
•
CITY OF OAK PARK HEIGHTS
t WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -10 -58
RESOLUTION ESTABLISHING A PUBLIC HEARING DATE
TO CONSIDER THE SUSPENSION/REVOCATION OF LIQUOR
LICENSE VIOLATIONS IN THE CITY OF OAK PARK HEIGHTS
WHEREAS, an on -sale liquor and/or wine license had been issued to Stillwater
Eagles Aerie 94 for calendar year 1998; and,
WHEREAS, it is unlawful to sell liquor to a minor in the state of Minnesota and in
violation of City ordinances; and,
WHEREAS, it appears by a police report that the licensee did provide liquor to an
unauthorized individual in violation of both state law and City ordinances; and,
WHEREAS, the licensee has been given personal notice of this public hearing,
NOW, THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights
hereby sets a public hearing for Tuesday, November 24, 1998 at 7:00 p.m. at Oak Park
Heights City Hall, 14168 North 57th Street, Oak Park Heights, Minnesota.
Dated this 10th day of November, 1998.
SIGNED:
David D. Schaaf
Mayor
Thomas M. Melena
City Administrator
•
CITY OF OAK PARK HEIGHTS
NOTICE OF PUBLIC HEARING
REGARDING SUSPENSION /REVOCATION
OF LIQUOR LICENSE
The City of Oak Parr Heights will hold a Pu bl ic Hearing on Tuesday, November 24, 1998 at
7:00 p.m. at Oak Park Heights City Hall at 14168 North 57th Street to discuss the possible
suspension/revocation of a liquor license f or Stillwater Aerie 94 issued f or calendar year 1998
affecting on -sale of liquor and /or wine. Stillwater Aeries 94 is located at 13523 60` Street
North, Oak Park Heights, Minnesota.
All who wish to comment are as to attend an b e heard.
Date: November 10 1998
BY ORDER OF THE CITY COUNCIL
__::N
=_V111 vll r�lr_��
Thomas M. Melena
City Administrator
•
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA
HELD: October 6, 1998
Pursuant to due call and notice thereof, a regular
meeting of the City Council of the City of Oak Park Heights,
Washington County, Minnesota, was duly held within said City on the
6th day of October, 1998 at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson Jerry Turnquist
Councilperson Janet Robert
Councilperson David Beaudet
and the following were absent:
None.
Member Turnquist introduced the following resolution and
• moved its adoption:
RESOLUTION CALLING FOR HEARING ON
ASSESSMENTS FOR THE NEAL AVENUE /58TH STREET
INTERSECTION IMPROVEMENTS OF 1998 AND
BRACKEY WEST /STILLWATER FORD UTILITY
IMPROVEMENTS OF 1997
WHEREAS, the City Administrator, with the assistance of
the City consulting engineer, has prepared an assessment roll for
the Brackey West /Stillwater Ford utility improvements of 1997 and
the Neal Avenue /58th Street Improvements of 1998, and said proposed
assessment roll is on file with the City Clerk and open to public
inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Oak Park Heights, Washington County, Minnesota as follows:
1. The Clerk shall publish notice that this Council
will meet to consider the proposed assessments on November 10, 1998
at 7:00 o'clock p.m. in the municipal building of said City of Oak
Park Heights, Minnesota. The published notice shall be
substantially in the form annexed hereto as Exhibit "A ".
2. Copy of the notice in substantially the form set
forth as set forth in Exhibit "B" attached hereto and incorporated
by reference herein shall be mailed to the owners of each parcel of
property described in the assessment roll.
i
• 3. Said notice as attached as Exhibit " A " shall be
published by the City Administrator in the official newspaper for
at least two weeks prior to the hearing and the notice attached
hereto as Exhibit "B" shall be mailed by the City Administrator to
the owners of each parcel described in the assessment roll at least
10 days prior thereto.
4. If the adopted assessment differs from the proposed
assessment as to any particular lot, piece or parcel of land, the
City Administrator shall thereafter mail to the owner of that
parcel a notice stating the amount of the adopted assessment.
Owners must also be notified by mail of any changes adopted by the
City Council in interest rates or pre - payment requirements from
those contained in the mailed notice of the proposed assessment.
The motion for the adoption of the foregoing resolution was duly
seconded by Member Beaudet and upon voice vote being taken thereon,
the following voted in favor thereof:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson Jerry Turnquist
Councilperson Janet Robert
Councilperson David Beaudet
and the following voted against the same:
. None.
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 thereof on file in my office,
and that the same is a full, true and complete transcript of the
minutes of a meeting of the City Council of said City, duly called
and held on the date therein indicated insofar as such minutes
relate to the ordering and directing preparation of final plans and
specifications of the Brackey West /Stillwater Ford Utility
Improvements of 1997 and the Neal Avenue /58th Street Intersection
• Improvements of 1998 in said City.
WITNESS my hand and the seal of the City this 12th day of
October 1998.
City Administrator
(SEAL)
•
IL a
• EXHIBIT " A "
NOTICE OF HEARING ON ASSESSMENTS
FOR BRACKEY WEST /STILLWATER FORD UTILITY
IMPROVEMENTS OF 1997 AND NEAL AVENUE /58TH STREET
IMPROVEMENTS OF 1998
TO WHOM IT MAY CONCERN:
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS: Minnesota will meet in the City Hall in
the City of Oak Park Heights, Minnesota
on the 10th day of November, 1998 at 7:00
o'clock p.m. to consider objections to
the proposed assessments for Brackey
West /Stillwater Ford Utility Improvements
of 1997 and Neal Avenue /58th Street
Intersection Improvements of 1998
heretofore ordered by the City Council.
ASSESSMENT ROLL The proposed assessment roll is on file
OPEN TO INSPECTION: with the City Clerk and open to public
• inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows: See
attached Exhibit " 1 " , in the City of Oak
Park Heights.
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED is $631,506.73.
ASSESSMENT:
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS: considered at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the district
court of the Tenth Judicial District,
Washington County pursuant to Minnesota
Statutes, Section 429.081 by serving
notice of the appeal upon the Mayor or
Clerk of the City within 30 days after
the adoption of the assessment and filing
such notice with the District Court
within 10 days after service upon the
• Mayor or Clerk.
d
LIMITATION ON No appeal may be taken as to the amount
• APPEAL: of any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
with the Clerk prior to the assessment
hearing or presented to the presiding
officer at the hearing. All objections
to the assessments not received at the
assessment hearing in the manner
prescribed by Minnesota Statutes, Section
429.061 are waived, unless the failure to
object to the assessment hearing is due
to a reasonable cause.
DEFERMENT OF Under the provisions of Minnesota Statute,
ASSESSMENTS: Sections 435.193 to 435.195, the City
may, at its discretion, defer the payment
of assessments for any homestead property
owned by a person 65 years of age or
older for whom it would be a hardship to
make the payments. However, the City has
elected not to establish any deferment
procedure pursuant to those Sections.
MAILED NOTICE: The notice of this hearing mailed to
property owners contains additional
• information.
Dated: October 7, 1998
BY ORDER OF THE CITY COUNCIL:
/s/ Thomas Melena
Thomas Melena, City Clerk
•
EXHIBIT 1
PROPERTIES TO BE ASSESSED
Lot 1, Block 1, Brackey West
Lot 1, Block 1, Jacob Addition
Lot 1, Block 2, Jacob Addition
Lot 2, Block 2, Jacob Addition
Outlot A, Brackey Addition
Outlot A, Brackey West
Outlot B, Brackey West
ISD No. 834 Parcels No.:
06 029 -20 -14 -0004
06- 029 -20 -14 -0005
06- 029 -20 -14 -0006
06- 029 -20 -41 -0002
•
•
L _
EXHIBIT "B"
NOTICE OF HEARING ON ASSESSMENTS
FOR NEAL AVENUE /58TH STREET INTERSECTION
IMPROVEMENTS OF 1998 AND BRACKEY WEST /STILLWATER
FORD UTILITY IMPROVEMENTS OF 1997
TO:
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS: Minnesota will meet in the City Hall in
the City of Oak Park Heights, Minnesota
on the 10th day of November, 1998 at 7:00
o'clock p.m. to consider objections to
the proposed assessments for Neal
Avenue /58th Street Intersection
Improvements of 1998 and Brackey
West /Stillwater Ford Utility Improvements
of 1997 heretofore ordered by the City
Council.
ASSESSMENT ROLL The proposed assessment roll is on file
• OPEN TO INSPECTION: with the City Clerk and open to public
inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows: See
Exhibit 1 attached, in the City of Oak
Park Heights, Minnesota.
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED is $631,506.73.
ASSESSMENT:
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS: considered at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the District
Court of Washington County pursuant to
Minnesota Statutes, Section 429.081 by
serving notice of the appeal upon the
Mayor or Clerk of the City within 30 days
after the adoption of the assessment and
filing such notice with the District
• Court within 10 days after service upon
the Mayor or Clerk.
L
LIMITATION ON No appeal may be taken as to the amount
APPEAL: of any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
with the Clerk prior to the assessment
hearing or presented to the presiding
officer at the hearing. All objections
to the assessments not received at the
assessment hearing in the manner
prescribed by Minnesota Statutes, Section
429.061 are waived, unless the failure to
object to the assessment hearing is due
to a reasonable cause.
DEFERMENT OF Under the provisions of Minnesota Statute,
ASSESSMENTS: Sections 435.193 to 435.195, the City
may, at its discretion, defer the payment
of assessments for any homestead property
owned by a person 65 years of age or
older for whom it would be a hardship to
make the payments. However, the City has
elected not to establish any deferment
procedure pursuant to those Sections.
SPECIFIC AMOUNT The amount to be specifically assessed
TO BE ASSESSED: against your particular lot, piece or
• parcel of land is $
Your parcel is:
PREPAYMENT: You may prepay the entire assessment.
The Treasurer of the City until the
assessment roll is certified to the
County Auditor; after certification to
the County Auditor, prepayments of the
entire amount remaining due may be made
to the Treasurer at any time prior to
November 15 of any year.
NO PARTIAL The City Council has not authorized the
PREPAYMENT: partial prepayment of assessments prior
to certification of the assessment or the
first installment thereof to the County
Auditor.
PREPAYMENT WITHOUT No interest shall be charged if the
INTEREST, OR WITH entire assessment is paid within 30 days
INTEREST TO END OF from the adoption of the assessment roll.
YEAR: At any time prior to November 15 of any
year, the owner may prepay to the
Treasurer the whole assessment remaining
due with interest accrued to December 31
of the year in which the prepayment is
made.
d
INTEREST RATE: If the assessment is not prepaid within
30 days from the adoption of the
assessment roll, interest will accrue on
the assessment at the rate of 6.4213%.
Interest accrues from the date to be
specified in the resolution levying the
assessment, must not earlier than the
date of such resolution.
Dated: October 12, 1998
BY ORDER OF THE CITY COUNCIL:
Thomas Melena, City Clerk
•
I
•
• EXHIBIT 1
PROPERTIES TO BE ASSESSED
Lot 1, Block 1, Brackey West
Lot 1, Block 1, Jacob Addition
Lot 1, Block 2, Jacob Addition
Lot 2, Block 2, Jacob Addition
Outlot A, Brackey Addition
Outlot A, Brackey West
Outlot B, Brackey West
ISD No. 834 Parcels No.:
06- 029 -20 -14 -0004
06- 029 -20 -14 -0005
06- 029 -20 -14 -0006
06- 029 -20 -41 -0002
•
•
L
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
OAK PARK HEIGHTS, MINNESOTA
HELD: September 22, 1998
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 and called at the City Hall in said City
on the 22nd day of September, 1998 at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf
Councilperson Jerry Turnquist
Councilperson Janet Robert
Councilperson Mark Swenson
Councilperson David Beaudet
and the following were absent:
None.
The Council received bids on the construction of the Kern
Center Improvements of 1998/1998 in the City and after publicly
opening, tabulating and analyzing said bids, proceeded to consider
said bids. A true and correct copy of the bid tabulation as
received by the City of Oak Park Heights is annexed hereto as
Exhibit " A " and incorporated by reference herein.
After discussion, Member Schaaf introduced the fdtlowing
resolution and moved its adoption:
98 -09 -56
RESOLUTION NO.
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
RESOLUTION RECEIVING BIDS AND AWARDING- CONTRACT
ON KERN CENTER IMPROVEMENTS OF 1998/1999
CONTINGENT ON ACQUISITION OF RIGHT -OF -WAY
BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK
PARK HEIGHTS, MINNESOTA AS FOLLOWS:
1. All bids on the construction of the Kern Center
Improvements of 1998/1999 have been received and tabulated.
2. That the bid of Ryan Contracting, Inc. submitted in
the amount of $794,049.25 for the construction of said improvements
in accordance with the plans and specifications and advertisement
for bids is the lowest responsible bid and contingent upon the City
of Oak Park Heights obtaining right -of -way as is necessary to
complete said project, is hereby conditionally accepted.
3. That the Mayor and the Clerk are herewith authorized
and directed to enter into a contract with said bidder for the
construction of said improvements for and on behalf of the City of
Oak Park Heights following the acquisition of right -of -way
necessary for the completion of the project.
4. That the City Administrator is herewith authorized
and directed to forthwith return to all bidders the deposits made
with their bids, except that the deposit of the successful bidder
and the next lowest bidder shall be retained until a contract has
been executed.
The motion for the adoption of the foregoing resolution
was duly seconded by Member Beaudet and upon a vote being taken
thereon, the following voted in favor thereof:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson Janet Robert
Councilperson Jerry Turnquist
Councilperson David Beaudet
and the following voted against the same:
• None.
Whereupon said resolution was declared duly passed and
adopted.
ffiCLOSURE l i
Bonestroo, Rosene. Andernk and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer
Bonestroo Principals. Otto G. Bonestroo. PE. • Joseph C. Anderhk. PE. • Marvin L. Sorvala, P.E.
• Richard E. Turner, PE • Glenn R. Cook. PE. • Robert G. Schunicht, RE. • Jerry A. Bourdon, PE.
Rosene Robert W. Rosene, PE and Susan M. Eberlin, C.PA, Senior Consultants
MEM Anderlik & Associate Principals Howard A Sanford, PE. • Keith A. Gordon, P.E. • Robert R. Pfefferle. PE.
Richard W Foster, PE • David O. Loskota, PE. • Robert C. Russek. A.I.A. • Mark A. Hanson, PE
Michael T Rautmann. PE • Ted K Field. P.E. • Kenneth P. Anderson. PE. • .Mark R. Rolfs, PE.
Associates Sidney P. Williamson, RE, L S. • Robert F. Kotsmith • Agnes M Ring • Michael P Rau. PE.
Allan Rick Schmidt, PE
Engineers & Architects Offices: St. Paul, Rochester, Willmar and SL Cloud, MN • Milwaukee, WI
Website- wwwbonestroo com
September 3, 1998
ri
City of Oak Park Heights V i
PO Box 2007 SEP — 8 199$
Oak Park Heights, MN 55082 -2007
�I
Re: Kern Center Improvements
BRA File No. 55 -98 -802
Honorable Mayor and City Council:
Bids were opened for the project stated above on Thursday, September 3, 1998. Transmitted
herewith are ten (10) copies of the bid - tabulation for your information and file. Copies will also
be distributed to each bidder.
The following summarizes the results of the five low bids received.
• Contractor
Base Bid
Low Ryan Contracting, Inc. $794,049.25
#2 C W Houle, Inc. $794,334.50
#3 Richard Knutson, Inc. $810,730.66
#4 Barbarossa & Sons, Inc. $849,636.00
#5 Northdale Construction Co., Inc. $890,363.36
The low bidder on the project was Ryan Contracting, Inc. with a Base Bid of $794,049.25.
These bids have been reviewed and found to be in order. Therefore, we recommend that the
project he awarded to Ryan Contracting, Inc. for the Total Base Bid amount of $794,049.25.
Should you have any questions, please feel free to call. My direct number is (651) 604 -4803.
Respectfully,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Joseph R. Rhein, P.E.
JRR:jms:enc
2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612 - 636 -4600 ■ Fax: 612-636-1311
Bcne -no Project Name Kern Center Improvements 1 hereby certify that this is at. t
0 Rose
Anderllk & Project No. File No. 55 -98 -802 reproduction of bids received.
Associate
2ngineers6Architects Bid Opening 11:00 A.M., C.D.S.T., Thursday, September 3, 1998 Owner Oak Park Heights /2
oseph R. Rhein, P. E.
Registration No. 23781
Tabulation of Five Low Bids of Seven Received
Bid No. 1 Bid No. 2 Bid No. 3 Bid No. 4 Bid No. 5
Ryan C W Houle, Inc. Richard Barbarossa & Northdale
Contracting, Inc. Knutson, Inc. Sons, Inc. Construction Co., Inc.
Unit Unit Unit Unit Unit
No. Item Unit Qty. Price Total Price Total Price Total Price Total Price Total
Part 1 - Sanitary Sewer
I Mobilization LS 1 26,000.00 26,000.00 10,800.00 10,800.00 22,000.00 22,000.00 16,000.00 16,000.00 15,500.00 15,500.00
2 Traffic control LS 1 7,500.00 7,500.00 3,000.00 3,000.00 3,500.00 3,500.00 10,000.00 10,000.00 5,500.00 5,500.00
3 Clear and grub, including disposal LS 1 6,000.00 6,000.00 4,800.00 4,800.00 2,500.00 2,500.00 800.00 800.00 8,375.00 8,375.00
4 Transplant tree TR 13 175.00 2,275.00 225.00 2,925.00 153.00 1,989.00 250.00 3,250.00 275.00 3,575.00
5 8" PVC sanitary sewer, SDR 35, 10' -12' deep LF 900 12.00 10,800.00 12.00 10,800.00 12.52 11,268.00 32.00 28,800.00 16.49 14,841.00
6 8" PVC sanitary sewer, SDR 35, 12' -14' deep LF 290 12.00 3,480.00 14.00 4,060.00 12.52 3,630.80 33.00 9,570.00 16.49 4,782.10
7 8" PVC sanitary sewer, SDR 26, 14' -16' deep LF 795 20.00 15,900.00 15.50 12,322.50 14.08 11,193.60 35.00 27,825.00 22.40 17,808.00
8, 8" PVC sanitary sewer, SDR 26, 16' -l8' deep LF 130 20.00 2,600.00 19.50 2,535.00 17.08 2,220.40 36.00 4,680.00 22.40 2,912.00
9 8" PVC sanitary sewer, SDR 26, 18' -20' deep LF 220 20.00 4,400.00 23.50 5,170.00 22.08 4,857.60 37.00 8,140.00 22.40 4,928.00
10 8" PVC sanitary sewer, SDR 26, 20' -22' deep LF 40 20.00 800.00 27.50 1,100.00 22.08 883.20 38.00 1,520.00 22.40 896.00
11 8" DIP sanitary sewer, Class 52, 18' -20' deep LF 120 44.00 5,280.00 29.30 3,516.00 30.13 3,615.60 42.00 5,040.00 51.14 6,136.80
12 8" DIP sanitary sewer, Class 52, 20' -22' deep LF 170 44.00 7,480.00 30.30 5,151.00 32.13 5,462.10 43.00 7,310.00 51.14 8,693.80
13 8" DIP sanitary sewer, Class 52, 22' -24' deep LF 195 44.00 8,580.00 31.30 6,103.50 49.13 9 1 580.35 44.00 8,580.00 51.14 9,972.30
14 8" DIP sanitary sewer, Class 52, 24' -26' deep LF 360 44.00 15,840.00 32.30 11,628.00 49.13 17,686.80 45.00 16,200.00 51.14 18,410.40
15 Pipe bedding for PVC pipe LF 2,400 0.01 24.00 1.80 4,320.00 3.55 8,520.00 3.80 9,120.00 1.25 3,000.00
16 4' dia. sanitary MH, 8' deep, including
RI642B casting EA 11 1,200.00 13,200.00 1,140.00 12,540.00 1,320.50 14,525.50 1,050.00 11,550.00 1,274.18 14,015.98
17 4' diameter sanitary manhole overdepth LF 105 75.00 7,875.00 70.00 7,350.00 73.48 7,715.40 70.00 7,350.00 80.91 8,495.55
18 8" x 4" PVC wye, Schedule SDR 35 EA 10 40.00 400.00 40.00 400.00 35.35 353.50 35.00 350.00 46.67 466.70
19 8" x 6" PVC wye, Schedule SDR 26 EA l 175.00 175.00 80.00 80.00 71.11 71.11 75.00 75.00 92.03 92.03
20 8" x 4" PVC wye, Schedule SDR 26 EA 8 60.00 480.00 50.00 400.00 42.85 342.80 55.00 440.00 57.32 458.56
21 8" x 4" DIP tee, Class 52 EA 4 300.00 1,200.00 225.00 900.00 122.34 489.36 145.00 580.00 240.99 963.96
22 4" PVC, Schedule 40 riser pipe LF 80 10.00 800.00 9.00 720.00 5.89 471.20 10.00 800.00 12.45 996.00
23 Closed circuit TV inspection LF 3,250 0.30 975.00 0.75 2,437.50 0.55 1,787.50 0.45 1,462.50 0.53 1,722.50
24 Improved pipe foundation, 6" thick LF 5,000 0.01 50.00 1.00 5,000.00 1.57 7,850.00 2.00 10,000.00 1.75 8,750.00
25 Salvage and reinstall culvert LF 70 12.00 840.00 17.00 1,190.00 17.00 1,190.00 6.00 420.00 15.50 1,085.00
[: \55 \55- 98- 8 *98- 802bt.wb2 �T -1 •
26 Restore bituminous driveway SY 250 11.00 2,750.00 28.25 7,062.50 12.22 3,055.00 15.00 3,750.00 19.00 4,750.00
27 Restore gravel driveway TN 20 15.00 300.00 15.00 300.00 11.63 232.60 10.00 200.00 15.75 315.00
28 Cross end of existing triple culverts LS 1 3,000.00 3,000.00 1,200.00 1,200.00 1,000.00 1,000.00 1,000.00 1,000.00 750.00 750.00
29 Restore bituminous street crossing SY 270 20.00 5,400.00 28.25 7,627.50 12.22 3,299.40 15.00 4,050.00 22.00 5,940.00
30 Sodding, lawn type SY 5,000 2.00 10,000.00 1.95 9,750.00 1.89 9,450.00 1.85 9,250.00 1.83 9,150.00
31 Top Soil Borrow (LV) CY 500 6.00 3,000.00 10.25 5,125.00 10.00 5,000.00 10.00 5,000.00 10.00 5,000.00
32 Seeding, incl seed, mulch and disk anchor AC 2.5 750.00 1,875.00 940.00 2,350.00 907.80 2,269.50 890.00 2,225.00 1,043.70 2,609.25
33 Erosion control, silt fence LF 200 1.75 350.00 3.50 700.00 3.06 612.00 3.00 600.00 2.50 500.00
Total Part 1 - Sanitary Sewer 169,629.00 153,363.50 168,622.32
215,937.50 191,390.93
Part 2 - Lift Station and Force Main
34 Lift station MH & valve vault complete in pl. LS 1 17,000.00 17,000.00 30,000.00 30,000.00 35,716.87 35,716.87 20,000.00 20,000.00 44,935.00 44,935.00
35 Lift station equip. incl. pumps, valves, and
piping complete in place per Section 11306 LS 1 45,000.00 45,000.00 18,000.00 18,000.00 18,514.77 18,514.77 20,000.00 20,000.00 9,888.00 9,888.00
36 Lift station electrical equip. complete in place
per Section 16903 LS 1 20,000.00 20,000.00 13,000.00 13,000.00 18,583.53 18,583.53 16,500.00 16,500.00 21,094.75 21,094.75
37 6" DIP forcemain, Class 52 LF 2,745 16.00 43,920.00 12.10 33,214.50 13.38 36,728.10 16.00 43,920.00 16.00 43,920.00
38 6" GV and box EA 1 450.00 450.00 490.00 490.00 346.75 346.75 450.00 450.00 491.17 491.17
39 6" DIP forcemain, jacked in 20" steel carrier pipe LF 325 145.00 47,125.00 142.00 46,150.00 144.88 47,086.00 150.00 48,750.00 140.38 45,623.50
40 Improved pipe foundation, 6" thick LF 1,000 0.01 10.00 1.00 1,000.00 1.28 1,280.00 2.00 2,000.00
41 Ductile iron fittings LB 525 1.50 787.50 2.20 1,155.00 1.42 745.50 1.00 525.00 1.50 1,500.00
42 12" CMP culvert 1.50 787.50
LF 60 15.00 900.00 16.00 960.00 22.50 1,350.00 15.00 900.00 21.24 1,274.40
43 12" CMP aprons EA 2 220.00 440.00 150.00 300.00 1 15.50 231.00 100.00 200.00 124.01 248.02
44 Extend 18" RCP culvert LF 16 20.00 320.00 41.00 656.00 26.50 424.00 18.00 288.00 28.40 454.40
45 Connect to existing manhole EA 1 500.00 500.00 1,300.00 1,300.00 420.50 420.50 650.00 650.00 1,000.00 1,000.00
46 Salvage and reinstall culvert LF 100 12.00 1,200.00 17.00 1,700.00 17.00 1,700.00 6.00 600.00 13.50
47 Erosion control, silt fence 1,350.00
LF 600 1.40 840.00 3.50 2,100.00 3.06 1,836.00 3.00 1,800.00 2.35 1,410.00
48 Top Soil Borrow (LV) CY 300 6.00 1,800.00 10.25 3,075.00 10.00 3,000.00 10.00 3,000.00 10.00 3,000.00
49 Seeding, incl seed, mulch and disk anchor AC 1.5 750.00 1,125.00 740.00 1,110.00 907.80 1,361.70 890.00 1,335.00 1,043.70 1,565.55
50 Seeding, incl seed, fert., & wood fiber blanket SY 2,700 1.00 2,700.00 1.55 4,185.00 1.48 3,996.00 1.45 3,915.00
51 Sodding, lawn type 1.60 4,320.00
SY 3,000 2.00 6,000.00 1.95 5,850.00 1.89 5,670.00 1.85 5,550.00 1.83 5,490.00
52 Aggregate backfill TN 150 5.00 750.00 5.80 870.00 5.98 897.00 7.50 1,125.00 5.70 855.00
53 Aggregate base, Class 5 TN 150 20.00 3,000.00 5.80 870.00 8.63 1,294.50 7.50 1,125.00 5.64 846.00
54 Bituminous Wear Course, Type 41A TN 35 40.00 1,400.00 43.00 1,505.00 40.80 1,428.00 40.00 1,400.00 45.00 1,575.00
Total Part 2 - Lift Station and Force Main 195,267.50 167,490.50 182,610.22
174,033.00 191,628.29
Part 3 - Water Main
55 12" DIP water main, Class 52 LF 2,995 21.00 62,895.00 22.90 68,585.50 23.26 69,663.70 24.00 71,880.00 25.80 77,271.00
56 12" DIP water main, jacked in 24" steel carrier pi LF 215 152.00 32,680.00 153.00 32,895.00 161.40 34,701.00 150.00 32,250.00 167.04 35,913.60
57 8" DIP water main, Class 52 LF 1,080 15.00 16,200.00 16.30 17,604.00 16.63 17,960.40 18.00 19,440.00 19.30 20,844.00
58 6" DIP water main, Class 52 LF 70 15.00 1,050.00 14.00 980.00 22.38 1,566.60 17.00 1,190.00 16.00 1,120.00
59 12" gate valve and box EA 4 1,000.00 4,000.00 1,135.00 4,540.00 875.73 3,502.92 1,000.00 4,000.00 1,084.83 4,339.32
60 8" gate valve and box EA 2 540.00 1,080.00 645.00 1,290.00 487.44 974.88 600.00 1,200.00 613.54 1,227,08
.61 6" gate valve and box EA 9 400.00 3,600.00 495.00 4,455.00 346.75 3,120.75 450.00 4,050.00 466.17 4,195.53
1:155155- 98 -80 802bt.wb2
62 F(vdrar• EA 9 1,220.00 10,980.00 `0.00 10,800.00 1,256.42 11,307.78 1,600.00 14,400.00 1,354 12,187.62
63 Dual, i finings LB 5,000 1.00 5,000.00 j.95 4,750.00 1.42 7,100.00 1.00 5,000.00 L. 7,500.00
64 Connect to existing 12" water main EA 1 500.00 500.00 3,100.00 3,100.00 258.50 258.50 650.00 650.00 1,502.15 1,502.15
65 Improved pipe foundation, 6" thick LF 4,400 0.01 44.00 1.00 4,400.00 1.28 5,632.00 0.01 44.00 1.50 6,600.00
66 Salvage & Reinstall Sprinkler System EA 2 1,000.00 2,000.00 400.00 800.00 2,250.00 4,500.00 500.00 1,000.00 1,000.00 2,000.00
67 Salvage and reinstall culvert LF 260 12.00 3,120.00 16.00 4,160.00 17.00 4,420.00 6.00 1,560.00 13.50 3,510.00
68 Restore bituminous driveway SY 450 11.00 4,950.00 27.75 12,487.50 12.22 5,499.00 15.00 6,750.00 19.00 8,550.00
69 Restore bituminous street crossing SY 270 20.00 5,400.00 27.75 7,492.50 12.22 3,299.40 15.00 4,050.00 22.00 5,940.00
70 Restore gravel driveway TN 20 20.00 400.00 15.00 300.00 11.63 232.60 10.00 200.00 15.75 315.00
71 Cross end of existing triple culverts LS 1 3,000.00 3,000.06 1,200.00 1,200.00 1,000.00 1,000.00 1,000.00 1,000.00 750.00 750.00
72 Top Soil Borrow (LV) CY 1,050 6.00 6,300.00 10.25 10,762.50 10.00 10,500.00 10.50 11,025.00 10.00 10,500.00
73 Seeding, incl seed, mulch and disk anchor AC 1.5 750.00 1,125.00 940.00 1,410.00 907.80 1,361.70 890.00 1,335.00 1,043.70 1,565.55
Total Part 3 - Water Main 164,324.00 192,012.00 186,601.23 181,024.00 205,830.85
Part 4 - Storm Sewer
74 42" RCP, Cl. 4, 0' -8' deep with Class B bedding LF 25 82.00 2,050.00 79.00 1,975.00 68.57 1,714.25 80.00 2,000.00 86.21 2,155.25
75 42" RCP, Cl. 4, 8' -10' deep with Class B bedding LF 10 82.00 820.00 81.00 810.00 68.57 685.70 81.00 810.00 86.21 .862.10
76 42" RCP, Cl. 4, 10' -12' deep with Class B beddin LF 40 82.00 3,280.00 83.00 3,320.00 68.57 2,742.80 82.00 3,280.00 86.21 3,448.40
77 42" RCP, Cl. 4, 12' -14' deep with Class B beddin LF 140 82.00 11,480.00 85.00 11,900.00 69.71 9,759.40 83.00 11,620.00 86.21 12,069.40
78 42" RCP, Cl. 4, l4' -16' deep with Class B beddin LF 165 82.00 13,530.00 87.00 14,355.00 71.57 11,809.05 84.00 13,860.00 86.21 14,224.65
79 42" RCP, Cl. 4, 16' -18' deep with Class B beddin LF 70 82.00 5,740.00 89.00 6,230.00 73.57 5,149.90 85.00 5,950.00 86.21 6,034.70
80 42" RCP, Cl. 4, 18' -20' deep with Class B beddin LF 25 98.00 2,450.00 91.00 2,275.00 73.57 1,839.25 86.00 2,150.00 86.21 2,155.25
81 42" RCP, Cl. 3, 0' -8' deep LF 165 72.00 7,560.00 64.00 6,720.00 61.24 6,430.20 61.00 6,405.00 71.43 7,500.15
82 42" RCP, Cl. 3, 8' -10' deep LF 370 72.00 26,640.00 66.00 24,420.00 61.24 22,658.80 62.00 22,940.00 71.43 26,429.
83 42" RCP, Cl. 3, 10' -12' deep LF 40 72.00 2,880.00 68.00 2,720.00 61.24 2,449.60 63.00 2,520.00 71.43 2,857.20
84 Improved pipe foundation, 6" thick LF 1,000 0.01 10.00 1.50 1,500.00 1.28 1,280.00 2.50 2,500.00 3.00 3,000.00
85 T dia. storm sewer MH, incl. R1642B cstg... EA 1 5,300.00 5,300.00 3,530.00 3,530.00 2,974.48 2,974.48 2,800.00 2,800.00 3,495.88 3,495.88
86 T dia. manhole overdepth LF 4 275.00 1,100.00 260.00 1,040.00 240.64 962.56 250.00 1,000.00 265.67 1,062.68
87 42" RCP flared end section, incl trash guard EA 1 2,100.00 2,100.00 2,300.00 2,300.00 1,657.65 1,657.65 1,700.00 1,700.00 2,209.06 2,209.06
88 Class III random riprap, hand placed CY 24 45.00 1,080.00 65.00 1,560.00 35.91 861.84 60.00 1,440.00 68.50 1,644.00
89 Clear and grub LS 1 2,000.00 2,000.00 1,800.00 1,800.00 1,500.00 1,500.00 800.00 800.00 2,750.00 2,750.00
90 Transplant Tree Tree 4 175.00 700.00 225.00 900.00 153.00 612.00 300.00 1,200.00 250.00 1,000.00
91 Salvage and reinstall chain link fence LF 285 9.50 2,707.50 11.00 3,135.00 18.00 5,130.00 12.00 3,420.00 15.50 4,417.50
92 Remove manhole EA l 300.00 300.00 350.00 350.00 200.00 200.00 250.00 250.00 450.00 450.00
93 Remove wood skimmer structure EA 1 500.00 500.00 450.00 450.00 300.00 300.00 250.00 250.00 500.00 500.00
94 Restore bituminous street crossing SY 80 25.00 2,000.00 5.00 400.00 12.22 977.60 15.00 1,200.00 22.00 1,760.00
95 Remove ex. 18" storm sewer LF 940 7.00 6,580.00 6.00 5,640.00 6.00 5,640.00 4.00 3,760.00 6.50 6,110.00
96 Skimmer Structure, SS -2, complete EA 1 4,800.00 4,800.00 4,000.00 4,000.00 3,255.50 3,255.50 3,300.00 3,300.00 4,650.00 4,650.00
97 Flotation silt curtain, still water LF 100 15.00 1,500.00 9.00 900.00 21.42 2,142.00 21.00 2,100.00 12.75 1,275.00
98 Top Soil Borrow (LV) CY 100 6.00 600.00 10.25 1,025.00 10.00 1,000.00 10.00 1,000.00 10.00 1,000.00
99 Seeding, incl seed, mulch and disk anchor AC 0.6 2,000.00 1,200.00 940.00 564.00 907.80 544.68 890.00 534.00 1,043.70 626.22
I: \5'5 \55- 98- 8698- 802bt.wb2 V -3 is
100 Sodding, lawn type SY 1,000 2.00 2,000.00 1.95 1,950.00 1.85 1,850.00 1.85 1,850.00 1.83 1,830.00
101 Seeding, incl seed, fertilizer, and wood
fiber blanket SY 1,000 1.50 1,500.00 1.55 1,550.00 1.45 1,450.00 1.45 1,450.00 1.69 1,690.00
Total Part 4 - Storm Sewer 112,407.50 107,319.00 97,577.26 102,089.00
1 17,206.54
Part 5 - Building Services
102 6" gate valve and box EA 23 400.00 9,200.00 690.00 15,870.00 346.75 7,975.25 450.00 10,350.00 491.17 11,296.91
103 Ductile iron fittings LB 9,975 1.00 9,975.00 0.90 8,977.50 1.42 14,164.50 1.00 9,975.00 1.50 14,962.50
104 6" DIP water main, Cl. 52, separate trench LF 1,165 14.00 16,310.00 13.80 16,077.00 17.38 20,247.70 17.00 19,805.00 17.25 20,096.25
105 6" PVC, Sch. 40 service pipe, separate trench LF 50 15.00 750.00 8.50 425.00 16.87 843.50 15.00 750.00 1 1.74 587.00
106 4" PVC, Sch. 40 service pipe, separate trench LF 1,700 7.00 11,900.00 7.10 12,070.00 10.89 18,513.00 15.00 25,500.00 10.71 18,207.00
107 Restore bituminous street crossing SY 1,350 20.00 27,000.00 27.55 37,192.50 12.22 16,417.00 15.00 20,250.00 22.00 29,700.00
108 Pipe bedding for PVC pipe LF 1,750 0.01 17.50 1.00 1,750.00 3.55 6,212.50 3.00 5,250.00 1.50 2,625.00
109 Improved pipe foundation, 6" thick LF 500 0.01 5.00 1.00 500.00 2.47 1,235.00 0.01 5.00 1.50 750.00
110 Service marker EA 46 50.00 2,300.00 7.00 322.00 20.30 933.80 10.00 460.00 45.00 2,070.00
Total Part 5 - Building Services 77,457.50 93,184.00 86,622.25 92,345.00
100,294.66
Part 6 - Street Improvements
111 Remove bituminous pavement SY 880 1.00 880.00 1.10 968.00 1.00 880.00 1.50 1,320.00 1.07 941.60
112 Common excavation (EV) CY 2,000 1.70 3,400.00 5.90 l 1,800.00 5.00 10,000.00 6.00 12,000.00 6.18 12,360.00
113 Select granular borrow TN 2,165 5.00 10,825.00 4.30 9,309.50 4.98 10,781.70 5.25 11,366.25 4.47 9,677.55
114 Class 5 aggregate base TN 2,165 6.50 14,072.50 5.45 11,799.25 8.13 17,601.45 6.25 13,531.25 5.70 12,340.50
115 Bituminous base course, Type 31B (1998) TN 410 28.50 11,685.00 29.00 11,890.00 29.07 11,918.70 28.50 11,685.00 30.00 12,300.00
116 Bituminous wear course overlay, Type 41B TN 1,000 25.25 25,250.00 25.45 25,450.00 25.76 25,760.00 25.25 25,250.00 27.00 27,000.00
117 Aggregate shouldering, Class 2 TN 550 10.00 5,500.00 9.70 5,335.00 11.22 6,171.00 11.00 6,050.00 10.19 5,604.50
118 Bituminous material for tack coat GL 600 1.00 600.00 1.10 660.00 1.02 612.00 1.00 600.00 1.10 660.00
119 Mill bituminous surfacing, 1 -1/2" deep SY 70 10.00 700.00 2.00 140.00 1.02 71.40 1.00 70.00 4.50 315.00
120 Sign panel, Type C, high intensity SF 6.25 25.00 156.25 55.00 343.75 32.50 203.13 28.00 175.00 25.75 160.94
121 Preparation bituminous surfacing (1999) LS 1 500.00 500.00 2,000.00 2,000.00 3,000.00 3,000.00 750.00 750.00 1,500.00 1,500.00
122 Power pickup sweeper HR 6 70.00 420.00 70.00 420.00 70.00 420.00 65.00 390.00 72.00 432.00
123 Bobcat loader HR 6 50.00 300.00 50.00 300.00 60.00 360.00 70.00 420.00 45.00 270.00
124 4" d1b. solid line, yellow epoxy LF 100 6.75 675.00 5.50 550.00 9.18 918.00 6.00 600.00 4.50 450.00
Total Part 6 - Street Improvements 74,963.75 80,965.50 88,697.38 84,207.50
84,012.09
Total Part I - Sanitary Sewer 169,629.00 153,363.50 168,622.32 215,937.50
Total Part 2 - Lift Station and Force Main 191,390.93
195,267.50 167,490.50 182,610.22 174,033.00 191,628.29
Total Part 3 -Water Main 164,324.00 192,012.00 186,601.23 181,024.00
Total Part 4 - Storm Sewer 205,830.85
112,407.50 107,319.00 97,577.26 102,089.00 117,206.54
Total Part 5 - Building Services 77,457.50 93,184.00 86,622.25 92,345.00
Total Part 6 - Street Improvements 100,294.66
74,963.75 80,965.50 88,697.38 84,207.50 84,012.09
Total Base Bid 794,049.25 794,334.50 810,730.66 849,636.00
890,363.36
1:\55155 -98 -8021 t2bt.wb2 • 0
Alte Equipment Bids
Item No Bid
No Bid No Bid No Bid
Manufacturer No Bid
Add or Deduct
Item
Manufacturer
Add or Deduct
Item
Manufacturer
Add or Deduct
Firm Name Ryan Contracting, Inc. C W Houle, Inc. Richard Knutson, Inc. Barbarossa & Sons, Inc. Northdale Construction Co.,
Address 8700 13th Avenue E. 1300 W. Co. Rd, I 12585 Rhode Island Ave. S P O Box 367
14450 Northdale Blvd
City, State, Zip Shakopee, MN 55379 Shoreview, MN 55126 Savage, MN 55378 Osseo, MN 55369 Rogers, MN 55374
Phone 612 -894 -3200 484 -6077 890 -8811 425AI46 428-4868
Fax 612- 894 -3207 484 -8895 890 -8346 425 -0797
428 -0868
By Tyler Enright Bryan Houle Sheri Jo. Boyum Paul Flykt Thomas A. Wilebski
Title Vice President President Vice President Vice President
5% Bid Security Bid Bond Vice President
Bid Bond Bid Bond Bid Bond Bid Bond
Addenda Acknowledged One One One One
One
I: \55 \55- 98- 80- 98- 802bt.wb2 5 10
• 0
Bonestroo. Rosene. Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer
Bonestroo Principals Otto G. Bonestroo, PE • Joseph C. Anderlik. PE. • Marvin L. Sorvala, P.E. -
Richard E. Turner, PE. • Glenn R. Cook, PE • Robert G Schurncht. PE. - Jerry A. Bourdon. P.E.
Rosene Robert W Rosene, PE and Susan M. Eber!in, C.PA., Senior Consultants
® Anderlik Associate Principals: Howard A Sanford. PE. • Keith A Gordon, PE. • Robert R. Pfefferle. P.E.
Richard W. Foster, PE. • David O. Loskota. PE. • Robert C Russek, A.I.A. • Mark A Hanson, P.E.
Michael T Rautmann, P.E.. Ted K Field, PE. • Kenneth P Anderson. PE • Mark R. Rolfs, PE.
Sidney P Williamson, PE, L.S. - Robert F Kotsmith • Agnes M. Ring • Michael P Rau. P.E.
Associates
Allan Rick Schmidt, PE.
Engineers & Architects Offices. St. Paul, Rochester Willmar and S! Cloud, MN Milwaukee, WI
Weoslte' www.bonestroo com
September 17, 1998
Mr. Thomas Melena, Administrator
City of Oak Park Heights
P.O. Box 2007
Oak Park Heights, MN 55082 -4439
Re: Kern Center Improvements
Our File No. 55 -98 -802
Dear Mr. Melena:
Enclosed please find twenty (20) copies of tabulation showing pending assessments and charges
for the improvement of each parcel in the Kern Center based on the low bid received. This
information should be forwarded to each of the property owners prior to considering award.
If you have any questions on this matter, please do not hesitate to call me at 604 -4833.
Very truly yours,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Joseph it. Anderlik
JCA:dh
Enclosure
2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612 - 636 -4600 ■ Fax: 612 - 636-1311
PENDING ASSESSMENTS AND CHARGES Sept. 17, 1998
KERN CENTER 55 -98 -802
Connection Estimated Alt. No. 1 Alt. No. 2
Parcel Owne A8 FnntanP rharopc ArrP55mpntS AsspssmPnt ASCPSSmPnt
Lot 1, Block 1, Kern Center Stillwater Motors 16.20 553 $184,680.00 $46,130.00 $41,180.00 $37,560.00
Lot 2, Block 1, Kern Center Century Power 3.99 94 $45,486.00 $11,340.00 $10,490.00 $9,880.00
Lot 3, Block 1, Kern Center * Kern 4.22 388 $48,108.00 $33,620.00 $30,150.00 $27,610.00
Lot 4, Block 1, Kern Center * Kern 3.73 295 $42,522.00 $26,570.00 $23,930.00 $22,000.00
Lot 5, Block 1, Kern Center Buberl 3.79 201 $43,206.00 $19,450.00 $17,650.00 $16,330.00
Lot 1, Block 2, Kern Center * Brookman 7.51 481 $85,614.00 $40,670.00 $36,360.00 $32,210.00
Lot 1, Block 1, Kern Center 2nd Mn /DOT - - - -
Lot 2, Block 1, Kern Center 2nd * O. P., LLC 2.50 420 $28,500.00 $36,050.00 $32,290.00 $29,540.00
Lot 3, Block 1, Kern Center 2nd Mini Golf 2.51 253 $28,614.00 $23,390.00 $21,120.00 $19,470.00
Lot 4, Block 1, Kern Center 2nd Kennedy 2.77 426 $31,578.00 $36,500.00 $32,690.00 $29,900.00
Lot 5, Block 1, Kern Center 2nd * O. P., LLC 2.50 160 $28,500.00 $16,340.00 $14,910.00 $13,860.00
Lot 6, Block 1, Kern Center 2nd * Kemper /Low 2.50 160 $28,500.00 $16,340.00 $14,910.00 $13,860.00
Lot 7, Block 1, Kern Center 2nd * Kemper /Low 2.50 160 $28,500.00 $16,340.00 $14,910.00 $13,860.00
Lot 1, Block 2, Kern Center 2nd * St. Croix West 2.61 222 $29,754.00 $21,040.00 $19,050.00 $17,600.00
Lot 2, Block 2, Kern Center 2nd * St. Croix West 2.61 160 $29,754.00 $16,340.00 $14,910.00 $13,860.00
Lot 3, Block 2, Kern Center 2nd * St. Croix West 2.64 160 $30,096.00 $16,340.00 $14,910.00 $13,860.00
Lot 4, Block 2, Kern Center 2nd * Kern 3.88 172 $44,232.00 $17,250.00 $15,710.00 $14,580.00
Lot 5, Block 2, Kern Center 2nd Zintel 3.11 192 $35,454.00 $18,760.00 $17,050.00 $15,790.00
Lot 6, Block 2, Kern Center 2nd Zintel 2.95 172 $33,630.00 $17,250.00 $15,710.00 $14,580.00
Lot 7, Block 2, Kern Center 2nd Kennedy 2.87 160 $32,718.00 $16,340.00 .$14,910.00 $13,860.00
Lot 8, Block 2, Kern Center 2nd Mini Storage 2.96 160 $33,744.00 $16,340.00 $14,910.00 $13,860.00
Lot 9, Block 2, Kern Center 2nd Mini Storage 3.00 160 $34,200.00 $16,340.00 $14,910.00 $13,860.00
Lot 10, Block 2, Kern Center 2nd Mini Storage 3.05 160 $34,770.00 $16,340.00 $14,910.00 $13,860.00
Totals - Plat 84.40 5,309 $962,160.00 $495,080.00 • $447,750.00 $412,790.00
Totals - Vacant 37.20 2,778 $424,080.00 $256,900.00 $232,040.00 $213,840.00
NOTES
Alternate No. 1 assumes all 55th Street cost will be
charged to future annexation parcels
Alternate No. 2 assumes no charge for street overlay
All alternates assumes 25% of siren cost to Kern Center
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 thereof on file in my office,
and that the same is a full, true and complete transcript of the
minutes of a meeting of the City Council of said City, duly called
and held on the date therein indicated insofar as such minutes
relate to the ordering and directing preparation of final plans and
specifications of the Kern Center Improvements of 1998/1999 in said
City.
WITNESS my hand and the seal of the City this 23 day of
September 1998.
�1
City Administrator
(SEAL)
L �
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF OAK PARK
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
MEETING HELD: September 22, 1998
Pursuant to due call and notice thereof, a regular
meeting of the City Council for the City of Oak Park Heights,
Washington County, Minnesota was duly held at the City Hall within
said City on the 22nd day of September, 1998, at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson David Beaudet
Councilperson Janet Robert
Councilperson Jerry Turnquist
The following members were absent:
None
The Council had received bids on the construction of the
58th Street North /Norell Avenue to Oakgreen Avenue Improvements of
1998/1999 in the City and after publicly opening and tabulating and
analyzing said bids, proceeded to consider said bids. A true and
• correct copy of the bid analysis and tabulation is annexed hereto
as Exhibit " A " and is further incorporated by reference herein.
After discussion, Member Turnquist introduced the
following resolution and moved its adoption:
RESOLUTION NO. 98 -09 -54
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RECEIVING BIDS AND CONDITIONALLY
AWARDING CONTRACT ON THE 58TH STREET NORTH /NORELL
AVENUE TO OAKGREEN AVENUE IMPROVEMENTS OF 1998/1999
BE IT RESOLVED by the City Council for the City of Oak
Park Heights, Minnesota as follows:
1. All bids on the construction of the 58th Street
North /Norell Avenue to Oakgreen Avenue Improvements of 1998/1999
are hereby received and tabulated.
2. The bid of Tower Asphalt, Inc., Afton, Minnesota in
the amount of $754,417.50 for the construction of said improvements
•
in accordance with the plans and specifications and advertisement
for bids is the lowest responsible bid and is conditionally
approved and accepted by the City of Oak Park Heights subject to
• the acquisition of right -of -way necessary to this project by the
City of Oak Park Heights.
3. That the Mayor and the City Administrator are hereby
authorized and directed to enter into a contract with said bidder
after the acquisition of right -of -way has been completed for the
construction of said improvements for and on behalf of the City of
Oak Park Heights.
4. That the City Administrator is hereby authorized and
directed to return forthwith to all bidders the deposits made with
their bids except that the deposit of the successful bidder and the
next lowest bidder shall be retained until the contract has been
executed.
The motion for the adoption of the foregoing Resolution
was duly seconded by Member Beaudet and upon a vote being taken
thereon, the following voted in favor thereof:
Mayor David Schaaf
Councilperson David Beaudet
Councilperson Janet Robert
Councilperson Jerry Turnquist
Councilperson Mark Swenson
• The following voted against same:
None
Where upon said Resolution was declared duly passed and
adopted.
EIVCLO,�! on �
• OAK PARK HEIGHTS, N
58TH M STREET NORTH — NORELL TO OAKGREEN
00055 -98 -800
• ENGINEERS ESTIMATE: $800,000.00 BID DATE: September 17, 1998
BID TIME: 11:00 A.M.
CONTRACTORS Bid Bond Addenda (1) Total Base Bid
1. i ARCON m4s' lUN I
2. IARNT CONSTRUCTION ��--- �'s9• op
3. 11 BARBAROSSA & SONS
7 ?
4. l BROWN & CRIS INC I I ✓ ��� SDI ' yv
I II I
5. CONSTRUCTION I
6. II C W HOULE I I
17. II CARL BOLANDER & SONS
8. I� FOREST LAKE CONTRACTING /
9. L CONTRACTING I
10. I M J RALEIGH TRUCKING' INC I I
l l . I NORTH VALLEY INC
1 012. N CONSTRUCTION
13. JI NORTHWEST ASPHALT ✓ -
�sy, ZZ6,
14 11PENIN CONTRACTING
15. II RICHARD KNUTSON INC I
16. RYAN CONTRACTING
17. I M HENTGES & SONS -
I �,s� s n�,
18. II S R WEIDEI�IA INC - -r ?s-
-
19. ( TOWER ASPHALT
i
STATE OF MINNESOTA )
• COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes of a meeting of the City Council of said City held on the
date therein indicated with the original thereof in my office, and
the same is a full, true and complete transcript therefrom, insofar
as the same relates to the resolution awarding contract on the
58th Street North /Norell Avenue to Oakgreen Avenue Improvements of
1998/1999
in said City.
WITNESS my hand and the seal of said City this 22 day of
September 1998.
Thomas Melena
(SEAL) City Administrator
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
OAK PARK HEIGHTS, MINNESOTA
Pursuant to due call and notice thereof, a regular or
special meeting of the City Council of the City of Oak Park
Heights, Minnesota, was duly held in the Oak Park Heights City
Hall on September 22, 1998, commencing at 7:00 P.M., C.T., in
part for the purpose of considering an offer which -had been
received for the purchase of the City's $1,990,000 General
Obligation Improvement Bonds of 1998.
The following Councilmembers were present:
Mayor Schaaf and
Council member Beaudet, Robert, Swenson and Turnquist
and the following were absent:
NONE
982991.1
Council member Turnquist then introduced the
• following Resolution and moved its adoption:
RESOLUTION NO. 98 -09 - 53
RESOLUTION PROVIDING FOR THE
ISSUANCE AND SALE OF THE CITY'S
$1,990,000 GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1998
BE IT RESOLVED by the City Council (the "Council ") of
the City of Oak Park Heights, Minnesota (the "City "), as follows:
1. Recitals. It is hereby determined:
(a) That the following assessable public improvements
(the "Improvements ") have been duly ordered by the City and
have been constructed by the City or will be constructed
under contracts which the City has or will let therefor, all
pursuant to and in accordance with the applicable provisions
of Minnesota Statutes, Chapter 429, and that the costs of
the Improvements are estimated as follows:
Construction Costs
Kern Center $ 794,000
• 58` St . /Norell Ave. to
Oakgreen Avenue 754,000
Engineering, Contingency, Testing,
Legal and Administrative 387,000
Capitalized Interest 13,632
Costs of Issuance 48,825
Construction Period Interest (7,659)
Rounding for Issuance 202
TOTAL $1,990,000
(b) That is it necessary and expedient to the sound
financial management of the affairs of the City that the
City issue its bonds pursuant to Minnesota Statutes,
Chapters 429 and 475, to provide financing for the
Improvements.
(c) The Improvements and all their components have
been ordered on or prior to the date hereof, after a hearing
thereon (except where not required by law) for which mailed
and published notice was duly given as required by law
describing the Improvements and all their components by
general nature, estimated cost, and area to be assessed.
(d) The Council desires that the Bonds be issued
initially in "Book Entry Only Form" (as hereinafter
described).
982991.1 2
J
• 2. Acceptance of Offer: Book Entry Bonds,.
(a) The offer of Juran & Moody, a Division of Miller,
Johnson & Kuehn, Inc. (the "Purchaser "), to purchase the
City's $1,990,000 General Obligation Improvement Bonds of
1998 (the "Bonds "), at the rates of interest and upon the
other terms set forth in this Resolution, and to pay
therefor the sum of $1,955,175 plus interest accrued to
settlement, is hereby accepted.
(b) Book Entry Onlv Svstem. The Depository Trust
Company, a limited purpose trust company organized under the
laws of the State of New York, or any of its successors to
its functions hereunder (the "Depository "), wi-11 act as
securities depository for the Bonds, and to this end:
(i) The Bonds shall be initially issued and, so
long as they remain in book entry form only (the "Book
Entry Only Period "), shall at all times be in the form
of a separate single fully registered Bond for each
maturity of the Bonds; and for purposes of complying
with this requirement under paragraph 11 of this
Resolution, authorized denominations for each maturity
of Bonds shall be deemed to be limited during the Book
Entry Only Period to the outstanding principal amount
of that maturity. While in such book entry form, the
Bonds are sometimes hereinafter referred to as being in
"Book Entry Only Form."
(ii) Upon initial issuance, ownership of the
Bonds shall be registered in a bond register maintained
by the Bond Registrar appointed pursuant to paragraph 7
of this Resolution in the name of CEDE & CO., as the
nominee (it or any nominee of the existing or a
successor Depository, the "Nominee ").
(iii) With respect to the Bonds, neither the City
nor the Bond Registrar shall have any responsibility or
obligation to any broker, dealer, bank, or any other
financial institution for which the Depository holds
Bonds as securities depository (the "Participant ") or
to the person for which a Participant holds an interest
in the Bonds shown on the books and records of the
Participant (the "Beneficial Owner "). Without limiting
the immediately preceding sentence, neither the City,
nor the Bond Registrar, shall have any such
responsibility or obligation with respect to (A) the
accuracy of the records of the Depository, the Nominee
or any Participant with respect to any ownership
interest in the Bonds, or (B) the delivery to any
Participant, any Beneficial Owner or any other person,
. other than the Depository, of any notice with respect
to the Bonds, including any notice of redemption, or
(C) the payment to any Participant, any Beneficial
Owner or any other person, other than the Depository,
982991.1 3
of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the
consent given or other action taken by the Depository
as the registered owner of any Bonds (the "Holder ").
For purposes of securing the vote or consent of any
Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository
assigns its consenting or voting rights to certain
Participants to whose accounts the Bonds are credited
on the record date identified in a listing attached to
the omnibus proxy.
(iv) The City and the Bond Registrar may treat as
and deem the Depository to be the absolute owner of the
Bonds for the purpose of payment of the principal of
and premium, if any, and interest on the Bonds, for the
purpose of giving notices of redemption and other
matters with respect to the Bonds, for the purpose of
obtaining any consent or other action to be taken by
Holders for the purpose of registering transfers with
respect to such Bonds, and for all purpose whatsoever.
The Bond Registrar, as paying agent hereunder, shall
pay all principal of and premium, if any, and interest
on the Bonds only to or upon the Holder or the Holders
of the Bonds, as shown on the Bond Registrar's bond
register, and all such payments shall be valid and
effective to fully satisfy and discharge the City's
obligations with respect to the principal of and
premium, if any, and interest on the Bonds to the
extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond
Registrar of written notice to the effect that the
Depository has determined to substitute a new Nominee
in place of the existing Nominee, and subject to the
transfer provisions in paragraph 11 hereof, references
to the Nominee hereunder shall refer to such new
Nominee.
(vi) So long as any Bond is registered in the
name of a Nominee, all payments with respect to the
principal of and premium, if any, and interest on such
Bond and all notices with respect to such Bond shall be
made and given, respectively, by the Bond Registrar or
the City, as the case may be, to the Depository as
provided in the Blanket Letter of Representations
required by the Depository as a condition to its acting
as book -entry Depository for the Bonds (said Blanket
Letter of Representations, together with any
replacement thereof or amendment or substitute thereto,
including any standard procedures or policies
referenced therein or applicable thereto respecting the
procedures and other matters relating to the
Depository's role as book -entry Depository for the
982991.1 4
Bonds, are collectively hereinafter referred to as the
"Blanket Letter of Representations ").
(vii) All transfers of beneficial ownership
interests in each Bond issued in book -entry form shall
be limited in principal amount to authorized
denominations and shall be effected by the Depository
with the Participants for recording and transferring
the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other
communication to be provided to the Holders pursuant to
this Resolution by the City or the Bond Registrar with
respect to any consent or other action to-be taken by
Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other
action as the record date for such consent or other
action; provided, that the City or the Bond Registrar
may establish a special record date for such consent or
other action. The City or the Bond Registrar shall, to
the extent possible, give the Depository notice of such
special record date not less than 15 calendar days in
advance thereof to the extent possible.
(ix) Any successor Bond Registrar, in its written
acceptance of its duties under this Resolution and any
paying agency registrar agreement, shall agree to take
any actions necessary from time to time to comply with
the requirements of the Blanket Letter of
Representations.
(c) Termination of Book -Entry Onlv Svstem.
Discontinuance of a particular Depository's services and
termination of the book -entry only system may be effected as
follows:
(i) The Depository may determine to discontinue
providing its services with respect to the Bonds at any
time by giving written notice to the City and
discharging its responsibilities with respect thereto
under applicable law. The City may terminate the
services of the Depository with respect to the Bonds if
the City determines that the Depository is no longer
able to carry out its functions as securities
depository or the continuation of the system of book -
entry transfers through the Depository is not in the
best interests of the City.
(ii) Upon termination of the services of the
Depository as provided in the preceding paragraph, and
if no substitute securities depository is willing to
undertake the functions of the Depository hereunder can
be found which, in the opinion of the City, is willing
and able to assume such functions upon reasonable or
customary terms, or if the City determines that it is
982991.1 5
in the best interests of the City that the Beneficial
Owners be issued certificates for the Bonds, the Bonds
shall no longer be registered in the name of the
Nominee, but may be registered in whatever name or
names the Holder of the Bonds shall designate at that
time, in accordance with paragraph 11 hereof. To the
extent that the Beneficial Owners are designated as the
transferee by the Holders, in accordance with paragraph
11 hereof, the Bonds will be delivered to the
Beneficial Owners.
(iii) Nothing in this subparagraph. (c) shall
limit or restrict the provisions of paragraph 11
hereof.
(d) Blanket Letter of Representations. The City's
execution of the Blanket Letter of Representations.in
substantially the form on file in the offices of the City is
hereby ratified, authorized and approved. The provisions in
the Blanket Letter of Representations are incorporated
herein by reference and made fully a part of this Resolution
to the same extent as if set forth in full herein, and if
and to the extent that any provisions of this Resolution are
inconsistent or in conflict with the provisions of the
Blanket Letter of Representations, the provisions in the
Blanket Letter of Representations shall control.
3. Title; Oricrinal Issue Date; Denominations;
Maturities. The Bonds shall be titled "General Obligation
Improvement Bonds of 1998," shall be dated October 1, 1998, as
the date of original issue and shall be issued forthwith on or
after such date as fully registered bonds. The Bonds shall be
numbered from R -1 upward in the denomination of $5,000 each or in
any integral multiple thereof of a single maturity. The Bonds
shall mature on December 1 in the years and amounts as follows:
Years Amounts Years Amounts
1999 $140,000 2007 $125,000
2000 150,000 2008 125,000
2001 150,000 2009 125,000
2002 150,000 2010 125,000
2003 150,000 2011 125,000
2004 125,000 2012 125,000
2005 125,000 2013 125,000
2006 125,000
As may be requested by the Purchaser, one or more term
Bonds may be issued having mandatory sinking fund redemption and
final maturity amounts conforming to the foregoing principal
repayment schedule, and corresponding additions may be made to
the provisions of the applicable Bond(s).
4. Purpose. The Bonds shall p rovide funds
the Improvements. The total cost of the Improvements, which
nance
982991.1 6
shall include all costs enumerated in Minnesota Statutes, Section
475.65, is estimated to be at least equal to the amount of the
Bonds. Work on the Improvements shall proceed with due diligence
to completion.
5. Interest. The Bonds shall bear interest payable
semiannually on June 1 and December 1 of each year (each, an
"Interest Payment Date "), commencing June 1, 1999, calculated on
the basis of a 360 -day year consisting of twelve 30 -day months,
at the respective rates per annum set forth opposite the maturity
years, as follows:
Maturity Interest Maturity Interest
Year Rate Year
Rate
1999 3.60 0 2007
2000 3.65 2008 4.15 a
4.20
2001
3.75 2009 4.25
2002 3.80 2010 4.30
2003 3.85 2011 4.35
2004 3.90 2012 4.40
2005 4.00 2013 4.50
2006 4.10
6. Redemption.. All Bonds maturing after December 1,
2007, shall be subject to redemption and prepayment at the option
of the City on said date and on any date thereafter, in inverse
order of maturities, at a price of par plus accrued interest to
date of redemption. Redemption may be in whole or in part of the
Bonds subject to prepayment. If only part of the Bonds having a
common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due and
payable on the redemption date, and interest thereon shall cease
to accrue from and after the redemption date. Published notice
of redemption shall in each case be given if and to the extent
required by applicable law, and mailed notice of redemption shall
be given to the paying agent and to each affected registered
owner of the Bonds.
To effect a partial redemption of Bonds having a common
maturity date, the Bond Registrar, prior to giving notice of
redemption, shall assign to each Bond of that maturity a
distinctive number for each $5,000 of the principal amount of
such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its
discretion, from the numbers so assigned to such Bonds, as many
numbers as, at $5,000 for each number, shall equal the principal
amount of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selected;
provided, however, that only so much of the principal amount of
each such Bond of a denomination of more than $5,000 shall be
redeemed as shall equal $5,000 for each number assigned to it and
so selected. If a Bond is to be redeemed only in part, it shall
be surrendered to the Bond Registrar (with, if the City or Bond
982991.1 7
Registrar so requires, a written instrument of transfer in form
satisfactory to the City or Bond Registrar duly executed by the
registered owner thereof or by the registered owner's attorney,
duly authorized in writing) and the City shall execute (if
necessary) and the Bond Registrar shall authenticate and deliver
to the registered owner of such Bond, without service charge, a
new Bond or Bonds of the same series having the same stated
maturity and interest rate and of any authorized denomination or
denominations, as requested by such registered owner, in
aggregate principal amount equal to and in exchange for the
unredeemed portion of the principal of the Bond so surrendered.
7. Bond Registrar,. U.S. Bank Trust National
Association, in Saint Paul, Minnesota, is appointed act as
bond registrar and transfer agent with respect to the Bonds (the
"Bond Registrar "), and shall do so unless and until a successor
Bond Registrar is duly appointed, all pursuant to any contract
the City and Bond Registrar shall execute which is consistent
herewith. The Bond Registrar shall also serve as paying agent
unless and until a successor paying agent is duly appointed. The
principal of and interest on the Bonds shall be paid to the
registered owners (or record owners) of the Bonds in the manner
set forth in the form of Bond and paragraph 13 of this
Resolution.
8. Form of Bond. The Bonds, together with the Bond
• Registrar's Certificate of Authentication, the form of Assignment
and the registration information thereon, shall be in
substantially the following form:
982991.1 8
� r
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF OAK PARK HEIGHTS
R- $
GENERAL OBLIGATION IMPROVEMENT
BOND OF 1998
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
The City of Oak Park Heights, Washington County,
Minnesota (the "City "), hereby acknowledges itself to be indebted
and, for value received, promises to pay to the registered owner
specified above, or registered assigns, in the manner hereinafter
set forth, the principal amount specified above on the maturity
date specified above, unless duly called for earlier redemption,
and to pay interest thereon semiannually on June 1 and December 1
of each year (each, an "Interest Payment Date "), commencing
June 1, 1999, at the rate per annum specified above (calculated
on the basis of a 360 -day year consisting of twelve 30 -day
months) until the principal sum is paid or has been provided for.
This Bond will bear interest from the most recent Interest
Payment Date to which interest has been paid or, if no interest
has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable upon
presentation and surrender hereof at the principal office of
, in
(the "Bond Registrar "), acting as
paying agent, or at the principal office of any successor paying
agent duly appointed by the City. Interest on this Bond will be
paid on each Interest Payment Date by check or draft mailed to
the person in whose name this Bond is registered (the "Registered
Owner ") on the registration books of the City maintained by the
Pcnd Registrar and at the address appearing thereon at the close
of business on the fifteenth day of the calendar month preceding
such Interest Payment Date (the "Regular Record Date "). Any
interest not so timely paid shall cease to be payable to the
person who is the Registered Owner hereof as of the Regular
Record Date, and shall be payable to the person who is the
Registered Owner hereof at the close of business on a date (the
"Special Record Date ") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice
of the Special Record Date shall be given to Registered Owners
not less than ten days prior to the Special Record Date. The
982991.1 9
principal of and premium, if any, and interest on this Bond are
payable in lawful money of the United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the State of Minnesota to be done, to have happened and to be
performed, precedent to and in the issuance of this Bond, have
been done, have happened and have been performed in regular and
due form, time and manner as required by law, and that this Bond,
together with all other indebtedness of the City outstanding on
the date of original issue hereof and the date of its actual
issuance and delivery to the original purchaser, does not exceed
any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Oak Park Heights,
Washington County, Minnesota, by its City Council, has caused
this Bond to be executed on its behalf by the facsimile
signatures of its Mayor and its City Administrator; has caused
the corporate seal of the City to be intentionally omitted
herefrom, as permitted by law; and has caused this Bond to be
executed manually by the Bond Registrar, acting as the City's
0 duly appointed authenticating agent for the Bonds.
962991.1 10
Date of Registration: Registrable by:
Payable at:
BOND REGISTRAR'S CITY OF OAK PARK HEIGHTS,
CERTIFICATE OF WASHINGTON COUNTY,
MINNESOTA
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned Mayor
within.
City Administrator
Bond Registrar
By
Authorized Signature
982991.1 1 1
Redemption. All Bonds of this issue maturing after
December 1, 2007, are subject to redemption and prepayment at the
option of the City on said date and on any date thereafter, in
inverse order of maturities, at a price of par plus accrued
interest to date of redemption. Redemption may be in whole or in
part of the Bonds subject to prepayment. If only part of the
Bonds having a common maturity date are called for prepayment,
the Bonds of that maturity to be prepaid shall be chosen by lot
by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and
interest thereon shall cease to accrue from and after the
redemption date. Published notice of redemption shall in each
case be given if and to the extent required by applicable law,
and mailed notice of redemption shall be given to the paying
agent and to each affected registered owner of the Bonds.
Issuance; Purpose; General Obligation. This Bond is
one of an issue in the total principal amount of $1,990,000, all
of like date of original issue and tenor, except as to registra-
tion number, maturity, interest rate, denomination and redemption
privilege, which Bond has been issued pursuant to and in full
conformity with the Constitution and laws of the State of
Minnesota and pursuant to a resolution adopted by the City
Council on September 22, 1998 (the "Resolution "), for the purpose
of providing money to finance certain costs of assessable public
improvements within the City. This Bond constitutes a general
• obligation of the City, and to provide moneys for the prompt and
full payment of its principal, premium, if any, and interest when
the same become due, the full faith and credit and taxing powers
of the City have been and are hereby irrevocably pledged. Each
capitalized term which is used but not otherwise defined in this
Bond shall have the meaning given to that term in the Resolution.
(For Bonds in Book Entry Only Form, the following paragraph shall
be added, and this Bond form (1) may be rearranged so that the
signature blocks hereof appear at the end of the main text of
this form or (2) may otherwise be amended to conform to book
entry requirements and the Blanket Letter of Representations.]
Book Entry Onlv Form; Blanket Letter of
Representations. Pursuant to the Resolution, the Bonds may be
issued in Book Entry Only Form, and during any period in which
Bonds are in such form, the provisions applicable to the Bonds
pursuant to the Blanket Letter of Representations shall apply,
notwithstanding any contrary or inconsistent provision herein or
in the Resolution.
Denominations; Exchanae; Resolution. The Bonds are
issuable solely as fully registered bonds in the denominations of
$5,000 and integral multiples thereof of a single maturity and
are exchangeable for fully registered bonds of other authorized
denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner
982991.1 12
and subject to the limitations provided in the Resolution.
Reference is hereby made to the Resolution for a description of
the rights and duties of the Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond
Registrar.
Transfer. This Bond is transferable by the Registered
Owner in person or by the Registered Owner's attorney duly
authorized in writing at the principal office of the Bond
Registrar upon presentation and surrender hereof to the Bond
Registrar, all subject to the terms and conditions provided in
the Resolution and to reasonable regulations of the City
contained in any agreement with the Bond Registrar. Thereupon
the City shall execute and the Bond Registrar shall
and deliver, in exchange for this Bond, one or more new fully
registered Bonds in the name of the transferee (but not
registered in blank or to "bearer" or similar designation), of an
authorized denomination or denominations, in aggregate principal
amount equal to the principal amount of.this Bond, of the same
maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may
require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or
exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
• Treatment of Reaistered Owners. The City and Bond
Registrar may treat the person in whose name this Bond is
registered as the owner hereof for the purpose of receiving
payment as herein provided (except as otherwise provided on the
reverse side hereof with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and
neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
Authentication. This Bond shall not be valid or become
obligatory for any purpose or be entitled to any security unless
the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Oualified Tax- Exemnt Obligations. The Bonds have been
designated by the City as "qualified tax - exempt obligations" for
purposes of Section 265(b)(3) of the Internal Revenue Code of
1986, as amended.
982991.1 13
ABBREVIATIONS
The following abbreviations, when used in the inscription on
the face of this Bond, shall be construed as though they were
written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cult) (Minor)
under the Uniform
(State)
Transfers to Minors Act
Additional abbreviations may also be used
though not in the above list.
982991.1 14
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto
the within Bond and does
hereby irrevocably constitute and appoint as
attorney to transfer the Bond on the books kept for the
registration thereof, with full power of substitution in the
premises.
Dated:
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the
within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust
company, by a brokerage firm having a membership in one of the
major stock exchanges or by any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2).
The Bond Registrar will not effect transfer of this Bond
unless the information concerning the transferee requested below
is provided.
Name and Address:
(Include information for all joint owners
if the Bond is held by joint account.)
982991.1 15
1
9. Execution; Temoorary Bonds. The Bonds shall be
executed on behalf of the City by the signatures of its Mayor and
City Administrator and be sealed with the seal of the City;
provided, however, that the seal of the City may be a printed
facsimile; and provided further that both of such signatures may
be printed facsimiles and the corporate seal may be omitted on
the Bonds as permitted by law. In the event of disability or
resignation or other absence of either such officer. the Bonds
may be signed by the manual or facsimile signature of that
officer who may act on behalf of such absent or disabled officer.
In case either such officer whose signature or facsimile of whose
signature shall appear on the Bonds shall cease to be such
officer before the delivery of the Bonds, such signature or
facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if he or she had remained in office until
delivery. The City may elect to deliver, in lieu of printed
definitive bonds, one or more typewritten temporary bonds in
substantially the form set forth above, with such changes as may
be necessary to reflect more than one maturity in a single
temporary bond. Such temporary bonds shall, upon the printing of
the definitive bonds and the execution thereof, be exchanged
therefor and canceled.
10. Authentication. No Bond shall be valid or
obligatory for any purpose or be entitled to any security or
benefit under this Resolution unless a Certificate of Authenti-
cation on such Bond, substantially in the form hereinabove set
forth, shall have been duly executed by an authorized representa-
tive of the Bond Registrar. Certificates of Authentication on
different Bonds need not be signed by the same person. The Bond
Registrar shall authenticate the signatures of officers of the
City on each Bond by execution of the Certificate of Authenti-
cation on the Bond and by inserting as the date of registration
in the space provided the date on which the Bond is authenti-
cated, except that for purposes of delivering the original Bonds
to the Purchaser, the Bond Registrar shall insert as a date of
registration the date of original issue, which date is October 1,
1998. The Certificate of Authentication so executed on each Bond
shall be conclusive evidence that it has been authenticated and
delivered under this Resolution.
11. Registration: Transfer: Exchanae, The City will
cause to be kept at the principal office of the Bond Registrar a
bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall
provide for the registration of Bonds and the registration of
transfers of Bonds entitled to be registered or transferred as
herein provided.
Upon surrender for transfer of any Bond at the
principal office of the Bond Registrar, the City shall execute
(if necessary), and the Bond Registrar shall authenticate, insert
. the date of registration (as provided in paragraph 10) of, and
deliver, in the name of the designated transferee or transferees,
one or more new Bonds of any authorized denomination or
982991.1 1G
denominations of a like aggregate principal amount, having the
same stated maturity and interest rate, as requested by the
transferor; provided, however, that no Bond may be registered in
blank or in the name of "bearer" or similar designation.
At the option of the registered owner thereof, Bonds
may be exchanged for Bonds of any authorized denomination or
denominations of a like aggregate principal amount and stated
maturity, upon surrender of the Bonds to be exchanged at the
principal office of the Bond Registrar. Whenever any Bonds are
so surrendered for exchange, the City shall execute (if
necessary), and the Bond Registrar shall authenticate, insert the
date of registration of, and deliver the Bonds which the
registered owner making the exchange is entitled to
All Bonds surrendered upon any exchange or transfer
provided for in this Resolution shall be promptly canceled by the
Bond Registrar and thereafter disposed of as directed by the
City.
All Bonds delivered in exchange for or upon transfer of
Bonds shall be valid obligations of the City evidencing the same
debt, and entitled to the same benefits under this Resolution, as
the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or
exchange shall be duly endorsed or be accompanied by a written
instrument of transfer, in form satisfactory to the Bond
Registrar, duly executed by the registered owner thereof or the
registered owner's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable
in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regula-
tions of the City contained in any agreement with the Bond
Registrar, including regulations which permit the Bond Registrar
to close its transfer books between record dates and payment
dates.
12. Rights Upon Transfer or Exchange. Each Bond
delivered upon transfer of or in exchange for or in lieu of any
other Bond shall carry all the rights to interest accrued and
unpaid, and to accrue, which were carried by such other Bond.
13. Interest Payment; Record Date. Interest on any
Bond shall be paid on each Interest Payment Date by check or
draft mailed to the person in whose name the Bond is registered
on the registration books of the City maintained by the Bond
Registrar and at the address appearing thereon at the close of
business on the fifteenth (15th) day of the calendar month
preceding such Interest Payment Date (the "Regular Record Date ").
Any such interest not so timely paid shall cease to be payable to
982991.1 17
the person who is the registered owner thereof as of the Regular
Record Date, and shall be payable to the person who is the
registered owner thereof at the close of business on a date (the
"Special Record Date ") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice
of the Special Record Date shall be given by the Bond Registrar
to the registered owners not less than ten (10) days prior to the
Special Record Date.
14. Treatment of Registered Owner. The City and Bond
Registrar may treat the person in whose name any Bond is
registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and interest
(subject to the payment provisions in paragraph 13 above) on,
such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond
Registrar shall be affected by notice to the contrary.
15. Deliverv; Application of Proceeds,. The Bonds when
so prepared and executed shall be delivered by the City Finance
Director to the Purchaser upon receipt of the purchase price, and
the Purchaser shall not be obliged to see to the proper
application thereof.
1G. Fund and Accounts. There is hereby created a
special fund of the City designated the "$1,990,000 General
. Obligation Improvement Bonds of 1998 Fund" (the "Fund ") to be
held and administered by the City as a bookkeeping account
separate and apart from all other funds maintained in the
official financial records of the City. The Fund shall continue
to be maintained in the manner herein specified until all of the
Bonds herein authorized and all other bonds payable from said
Fund and the interest thereon have been fully paid. There shall
be maintained in the Fund two (2) separate accounts, to be
designated the "Capital Account" and "Debt Service Account"
respectively.
(i) Capital Account,. To the Capital Account there shall be
credited the proceeds of the sale of the Bonds, less amounts
deposited into the Debt Service Account pursuant to paragraph
1G(ii) below, plus any special assessments levied with respect to
the Improvements and collected prior to completion of the
Improvements and payment of the costs thereof. From the Capital
Account there shall be paid all costs and expenses of making the
Improvements, including the cost of any construction contracts
heretofore let and all other costs incurred and to be incurred of
the kind authorized in Minnesota Statutes, Section 475.65; and
the moneys in said account shall be used for no other purpose
except as otherwise provided by law; provided that the proceeds
of the Bonds may also be used to the extent necessary to pay
interest on the Bonds due prior to the anticipated date of
commencement of the collection of taxes or special assessments
. levied or covenanted to be levied; and provided further that if
upon completion of the Improvements there shall remain any
unexpended balance in the Capital Account, the balance (other
982991.1 18
than any special assessments) may be transferred by the Council
to the fund of any other improvement instituted pursuant to
Minnesota Statutes, Chapter 429; and provided further that any
special assessments credited to the Capital Account shall only be
applied towards payment of the costs of the Improvements upon
adoption of a resolution by the City Council determining that the
application of the special assessments for such purpose will not
cause the City to no longer be in compliance with Minnesota
Statutes, Section 475.61, Subdivision 1.
(ii) Debt Service Account. There are hereby irrevocably
appropriated and pledged to, and there shall be credited to, the
Debt Service Account: (a) all collections of special assessments
herein covenanted to be levied with respect to the Improvements
and either initially credited to the Capital Account and not
already spent as permitted above and required to pay any
principal and interest due on the Bonds or collected subsequent
to the completion of the Improvements and payment of the costs
thereof; (b) the accrued interest received upon delivery of the
Bonds plus $ 13.384.00 representing capitalized interest thereon,
all to be used to pay the interest first coming due thereon; (c)
any collections of all taxes herein or hereafter levied for the
payment of the Bonds and interest thereon; (d) all funds
remaining in the Capital Account after completion of the
Improvements and payment of the costs thereof, not so transferred
to the account of another improvement; (e) all investment
earnings on funds held in the Debt Service Account; and (f) any
and all other moneys which are properly available and are
appropriated by the Council to the Debt Service Account. The
Debt Service Account shall be used solely to pay the principal
and interest an-t any premiums for redemption of the Bonds and any
other general obligation bonds of the City hereafter issued by
the City and made payable from said account as provided by law.
No portion of the proceeds of the Bonds shall be used
directly or indirectly to acquire higher yielding investments or
to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (1) for a reasonable
temporary period until such proceeds are needed for the purpose
for which the Bonds were issued and (2) in addition to the above
in an amount not greater than the lesser of five percent (50) of
the "Sale Proceeds" of the Bonds (being the "issue price" of the
Bonds less accrued interest). To this effect, any proceeds of
the Bonds and any sums from time to time held in the Capital
Account or Debt Service Account in excess of amounts which under
then - applicable federal arbitrage regulations may be invested
without regard to yield shall not be invested at a yield in
excess of the applicable yield restrictions imposed by said
arbitrage regulations on such investments after taking into
account any applicable "temporary periods" or "minor portion"
made available under the federal arbitrage regulations. Money in
the Fund shall not be invested in obligations or deposits issued
• by, guaranteed by or insured by the United States or any agency
or instrumentality thereof if and to the extent that such
investment would cause the Bonds to be "federally guaranteed"
982991.1 19
within the meaning of Section 149(b) of the federal Internal
Revenue Code of 1986, as amended (the "Code ").
17. Assessments. It is hereby determined that no less
than twenty percent (200) of the cost to the City of the
Improvements financed hereunder within the meaning of Minnesota
Statutes, Section 475.58, Subdivision 1(3), shall be paid by
special assessments heretofore levied or to be levied hereafter
against every assessable lot, piece and parcel of land benefitted
by any of the Improvements. The City hereby covenants and agrees
that it will let all construction contracts not heretofore let
within one (1) year after ordering each Improvements financed
hereunder unless the resolution ordering said Improvement
specifies a different time limit for the letting of
contracts. The City hereby further covenants and agrees that it
will do and perform as soon as they may be done, all acts and
things necessary for the final and valid levy of such special
assessments, and in the event that any such assessment be at any
time held invalid with respect to any lot, piece or parcel of
land due to any error, defect, or irregularity in any action or
proceedings taken or to be taken by the City or the Council or
any of the City officers or employees, either in the making of
the assessments or in the performance of any condition precedent
thereto, the City and the Council will forthwith do all further
acts and take all further proceedings as may be required by law
to make the assessments a valid and binding lien upon such
property.
At the time all of the assessments are in fact levied
the Council shall, based on the then - current estimated col-
lections of the assessments, make any adjustments in any ad
valorem taxes required to be levied in order to assure that the
City continues to be in compliance with Minnesota Statutes,
Section 475.61, Subdivision 1.
18. 105% Debt Service Coveraae. It is hereby
determined and reasonably anticipated that the estimated
collections of special assessments relating to the Improvements
and the other revenues available to the Debt Service Account will
produce at least 5o in excess of the amount needed to meet, when
due, the principal of and interest on the Bonds. The City Clerk
is directed to file a certified copy of this Resolution with the
County Auditor of Washington County and to obtain the certificate
of said official required by Minnesota Statutes, Section 475.63.
19. General Obliaation Pledae. The full faith and
credit and taxing powers of the City are hereby pledged to the
payment of the principal of and interest on the Bonds, and in the
event of any current or anticipated deficiency of funds in the
Debt Service Account of amounts needed to make any such payment,
when due, the Council shall levy ad valorem taxes on all taxable
property in the City in the amount of such deficiency. If the
• balance in the Debt Service Account is ever insufficient to pay
all principal and interest then due on the Bonds and any other
bonds payable therefrom, the deficiency shall be promptly paid
982991.1 20
out of any other funds of the City which are available for such
. purpose, and such other funds may be reimbursed with or without
interest from the Debt Service Account when a sufficient balance
is available therein.
20. Records and Certificates,. The officers of the
City are hereby authorized and directed to prepare and furnish to
the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and
records of the City relating to the Bonds and to the financial
condition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts
relating to the legality and marketability of the Bonds as the
same appear from the books and records under their custody and
control or as otherwise known to them, and all such certified
copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the
facts recited therein.
21. Negative Covenant as to Use of Improvements. The
City hereby covenants not to use the Improvements or to cause or
permit the Improvements to be used, or to enter into any deferred
payment arrangements for the cost of the Improvements, in such a
manner as (or to take any action or permit any other circumstance
to exist or any action to be taken, the effect to which would be)
to cause the Bonds to be "private activity bonds" within the
• meaning of Sections 103 and 141 through 150 of the Code. In
particular, but without limitation, the City covenants to
forebear the implementation, effectuation or enforcement of any
and all contracts or other agreements respecting the Improvements
or any property benefitted thereby or assessed with respect
thereto, which it may now or in the future have with developers,
contractors, owners or any other person or parties to the extent
that such implementation, effectuation or enforcement would
(individually or in the aggregate) cause the Bonds to become such
"private activity bonds," and to said limited extent the City
would and hereby does (solely for the benefit of the owners of
the Bonds) disavow any and all such provisions, entitlements and
enforcements which would or could become so offending.
22. Tax - Exempt Status of the Bonds; Rebate. The City
shall comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income under
Section 103 of the Code of the interest on the Bonds, including
without limitation (1) requirements relating to temporary periods
for investments, (2) limitations on amounts invested at a yield
greater than the yield on the Bonds, and (3) the rebate of excess
investment earnings to the United States if the Bonds (together
with other obligations reasonably expected to be issued and
outstanding at one time in this calendar year) exceed the
small - issuer exception amount of $5,000,000. For purposes of
qualifying for the small issuer exception to the federal
. arbitrage rebate requirements, the City hereby finds, determines
and declares that (1) the Bonds are issued by a governmental unit
with general taxing powers, (2) no Bond is a private activity
982991.1 21
bond, (3) ninety -five percent (95 or more of the net proceeds
of the Bonds are to be used for local governmental activities of
the City (or of a governmental unit the jurisdiction of which is
entirely within the jurisdiction of the City), and (4) the
aggregate face amount of all tax - exempt obligations (other than
private activity bonds) issued by the City (and all entities
subordinate to, or treated as one issuer with, the City) during
the 1998 calendar year is not reasonably expected to exceed
$S,000,000, all within the meaning of Section 148 (f) (4) (D) of the
Code.
23. Designation of Oualified Tax - Exemnt Obligations.
The City hereby designates the Bonds as "qualified tax - exempt
obligations" within the meaning of Section 265(b)(3) of the Code
and hereby finds that:
(a) the reasonably anticipated amount of tax - exempt
obligations (other than private activity bonds, treating
qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the City (and all entities
subordinate to, or treated as one issuer with, the City)
during calendar year 1998 will not exceed $10,000,000; and
(b) not more than $10,000,000 of obligations issued or
to be issued by the City during calendar year 1998 have been
designated for purposes of Section 265(b)(3) of the Code.
• The City shall use its best efforts to comply with any federal
procedural requirements which may apply in order to effectuate
the designation made by this paragraph.
24. Defeasance. When any obligation of a Bond has
been discharged as provided in this paragraph, all pledges,
covenants and other rights granted by this Resolution to the
registered owner of that Bond (with respect to the obligation
thereof so defeased) shall, to the extent permitted by law,
cease. The City may at any time discharge any or all of such
obligation(s) with respect to any Bond, subject to the provisions
of law now or hereafter authorizing or regulating such action, by
depositing irrevocably in escrow, with a suitable institution
qualified by law as an escrow agent for this purpose, cash or
securities which are backed by the full faith and credit of the
United States of America, bearing interest payable at such times
and at such rates and maturing on such dates and in such amounts
as shall be required and sufficient, subject to sale and /or
reinvestment in like securities, to pay said obligation(s), which
may include any interest payment on such Bond'and /or principal
amount due thereon at a stated maturity (or if irrevocable
provision shall have been made for permitted prior redemption of
such principal amount, at such earlier redemption date).
25. Compliance With Reimbursement Bond Regulations.
• With respect to the Improvements, the City has complied and will
continue to comply with the "Reimbursement Regulations" provided
in United States Treasury Regulations Section 1.150 -2. In
982991.1 22
particular, except where the following may not be required by
• said Regulations (e.g., with respect to certain "preliminary
expenditures "), to the extent that any of the proceeds of the
Bonds will be used to reimburse the City for a cost of the
Improvements theretofore paid and temporarily financed by the
City out of other City funds, prior to the initial payment
thereof (or within applicable time limits thereafter) the City
has made or will have made a duly qualifying statement of its
official intent to bond for such costs (and the City will also
make the written "reimbursement allocation" required by the
Reimbursement Regulations); otherwise, the proceeds of the Bonds
are to be used for initial payment, and not for such
reimbursement, of costs of the Improvements.
26. Continuina Disclosure Undertakina. The Council
hereby acknowledges that the Bonds are subject to continuing
disclosure requirements under Rule 15c2- 12(b)(5) (the "Rule ") of
the Securities and Exchange Commission. Consequently, on the
date of actual issuance and delivery of the Bonds, the City will
execute and deliver a Continuing Disclosure Undertaking (the
"Undertaking ") whereunder the City will covenant to provide, or
cause to be provided, annual financial information, including
audited financial statements of the City, and notices of certain
material events, as specified in the Undertaking. The proposed
form of the Undertaking which has been submitted to the City for
the Council's consideration is hereby approved, and the officers
. of the City are hereby authorized to execute and deliver that
Undertaking in the proposed form or in such final form thereof
reflecting such modifications thereof as are consistent with the
Rule, requested by the original purchaser of the Bonds and
acceptable to the City officials who shall execute the
Undertaking (which consent shall be conclusively evidenced by
their execution and delivery thereof). The Undertaking, as so
executed and delivered by the City, shall be as much a part of
this Resolution as if set forth in full herein and shall be for
the benefit of the owners from time to time of the Bonds.
27. Severabilitv. If any section, paragraph or
provision of this Resolution shall be held to be invalid or
unenforceable for any reason, the invalidity or unenforceability
of such section, paragraph or provision shall not affect any of
the remaining provisions of this Resolution.
28. Headings. Headings in this Resolution are
included for convenience of reference only and shall not limit or
define the meaning of any provision hereof.
Adopted on September 22, 1998, by the Oak Park Heights
City Council.
The motion for the adoption of the foregoing resolution was
duly seconded by Councilmember Robert and upon a vote
being taken thereon, the following voted in favor thereof:
Robert, Turnquist, Beaudet, Swenson and Schaaf
982991.1 23
and the following voted against the same:
NONE
Whereupon said resolution was declared duly passed and
adopted.
•
982991.1 24
STATE OF MINNESOTA
CITY OF OAK PARK HEIGHTS
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 with the original minutes of a meeting of the
City Council duly called and 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 awarding the sale of the City's $1,990,000 General
Obligation Improvement Bonds of 1998.
WITNESS my hand as such City Clerk and the official
seal of the City this 22nd day of September 1998.
City Clerk
(SEAL)
•
982991.1
• RESOLUTION 98 -09 -52
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 1999 PROPOSED BUDGET
WHEREAS, the City Staff has prepared and submitted to the
City Council it's proposed budget for calendar year 1999; 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 1999 proposed budget is hereby approved as
presented by City Administration in the total General
. Fund amount of $2,205,215.00.
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 1999 in the
amount of $1,325,000.00.
3. That the City Administrator is also authorized and
directed to certify to the County Auditor - Treasruer for
collection the proposed sum of $25,000.00 for
improvements to Storm Sewer Improvement Tax District
No. 1, to be collected in calendar year 1999 with real
estates taxes on the affected properties.
4. 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 1999.
•
Passed by the City Council for the City of Oak Park Heights
this 8th day of September 1998.
Davi4D. chaaf,
Attest:
Thomas M. Melena
Administrator
•
•
The National Society of the Daughters of the American Revolution
GNTER3 O� 4
Mrs. Dale Kelly Love. President General
z��C1 Ctrs. lerr -
Caivin, National Chair -nan. Constitution Week Committ
CJLLr ee
t, Visaiia. CA 93 77- -158 i_09) - - 6 t,raii c•Ncaivin(Zaoi.com
CONSTITLTION WEEK
September 1
W HEREAS: The Constitution of the United States of America. the guardian of our liberties, embodies
the principles of limited government in a Republic dedicated to rule by law; and
WHEREAS: September 17, 1998 marks the two hundred eleventh anniversary of the framing of the
Constitution of the united States of America by the Constitutional Convention; and
W HEREAS: It is fitting and proper to accord official recognition to this magnificent document and its
memorable anniversary, and to the patriotic celebrations which will commemorate it: and
WHEREAS: Public Law 91 v guarantees the issuing of a proclamation each vear by the President of the
United States of .-\merica designating September 17 through 23 as Constitution Week.
NOW. THEREFORE I. David D. Schaaf , by virtue of the authority vested in me as
("Governor or flavo of the (State or City of Oak Park Heights i in the State of
Minnesota ) do herebv proclaim the week of September 17 through '3 as
l�+ W i i WHEREOF, I have hereunto set my hand and caused the Sea.i of the ( State or City) to be
aflised this Qtr, day of September of the year of Lord one
thousand tine liundred and ninety eight.
Si
gned
S1EAL David D. Schaaf
\' Mayor
attest :�CI'�1
Thomas M. Melena
City Administrator
I
RESOLUTION NO. 98 - -50
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING COMPENSATION
FOR MEMBERS OF THE PLANNING COMMISSION AND
PARK COMMISSION OF THE CITY OF OAK PARK HEIGHTS
IN THE ATTENDANCE OF REGULAR MEETINGS
WHEREAS, the City Council has the authority by statute
and by ordinance to establish compensation for members of the Park
and Planning Commissions serving the City of Oak Park Heights; and,
WHEREAS, the City Council for the City of Oak Park
Heights has determined that it is in the public interest as well as
the interest of the City that Commissioners who serve as volunteers
on the Park and Planning Commission should be compensated at a per
diem rate to offset the necessary expenses that they and their
families incur as a result of their attendance, which include, but
are not limited to, mileage, child care expense, etc.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights that members of the Park and Planning
Commissions attending regular meetings shall herewith be
compensated at the rate of $25.00 per Commissioner per meeting for
their attendance.
BE IT FURTHER RESOLVED, that this Resolution shall be
effective as of January 1, 1999.
Passed by the City Council for the City of Oak Park
Heights this 2 tb day of � . � 1998.
David Schaaf, Mayor
ATT :
Thomas Melena
City Administrator
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -08 -49
RESOLUTION ELECTING TO CONTINUE PARTICIPATING
IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1999
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 and the Local
Housing Incentive Account, is intended to provide certain funding and other assistance to
metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or
loans under the Metropolitan Livable Communities Fund or eligible to receive certain
polluted sites cleanup funding from the Minnesota Department of Trade and Economic
Development unless the municipality is participating in the Local Housing Incentives
Account Program under the Minnesota 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 1999, a metropolitan area municipality that
participated in the Local Housing Incentive Account Program during the calendar year 1998,
can continue to participate under Minnesota Statutes, Section 473.254 if (a) the municipality
elects to participate in the Local Housing Incentives Account Program by November 15,
1998; 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 THAT 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 of 1999.
Dated this 25th day of August, 1998.
SIGNED:
IV
David D. Schaaf Q
Mayor
Thomas M. Melena
City Administrator
•
i
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -08 -48
RESOLUTION AUTHORIZING EXECUTION OF
SUB -GRANT AGREEMENT
Be it resolved that the City of Oak Park Heights, Washington County, Minnesota enter into a
Sub -grant Agreement with the Division of Emergency Management in the Minnesota Department of
Public Safety for the program entitled Infrastructure Program for FEMA 1225 DR- MINNESOTA.
Councilmember Mark Swenson and City Administrator Thomas M. Melena are hereby
authorized to execute and sign such Sub -grant Agreements and amendments as are necessary to
implement the project on behalf of The City of Oak Park Heights.
I certify that the above resolution was adopted by the City Council of the City of Oak Park
Heights, Washington County, Minnesota on the 11th day of August, 1998.
• SIGNED:
Date: 13 August. 1998
Thomas M. Melena
City Administrator
NITNES SETH:
� L / Date: 13 August. 1998
_,Melanie Mesko
Administrative Assistant
•
I
T
Y t
RESOLUTION NO. 98-0 -51
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING WATER USAGE RATES
WITHIN THE CITY OF OAK PARK HEIGHTS
EFFECTIVE OCTOBER 1, 1998
WHEREAS, the City of Oak Park Heights by resolution and
ordinance regulates water usage rates within the City for
all users; and,
WHEREAS, a rate study has been conducted and completed by
the office of the Department of Public Works recommending water
rate increases to accommodate the cost for administrating,
managing, and providing municipal water resources to the citizens
of the City of Oak Park Heights and all properties connected
thereto; and,
WHEREAS, the city council finds it necessary to encourage
conservation in the use of municipal water sources to reduce excess
demand, depletion of water resources, and encourage reasonable
usage of this limited asset; and ,
WHEREAS, current demands upon the municipal water systems
• of the city necessitate the future construction of additional
municipal wells and infrastructure that must be paid for by users
of the system; and,
WHEREAS, the City Council has reviewed said rate
increases and determined the same to be fair and equitable.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights as follows:
1. That effective October 1, 1998, Commercial,
industrial, and institutional water rates shall be the
same as residential rates.
2. That effective October 1, 1998, the City of Oak Park
Heights shall establish a municipal water rate for all
users as follows:
a. A rate of $2.90 for administrative fees,
$1.30 for state water connection, and $1.00 per
1,000 gallons used for the first 15,000 gallons,
with a per quarter minimum charge is $19.20.
b. A charge of $1.00 per 1,000 gallons for water
use above 15,000 gallons up to 50,000 gallons.
L
• c. A charge of $1.25 per 1000 gallons will be
charged for water use above 50,000 gallons up to
100,000 gallons.
d. A charge of $1.50 per 1000 gallons will be
charged for water use above 100,000 gallons up t o
and beyond 1,000,000 gallons per quarter.
Passed by the City Council for the City of Oak Park
Heights this 28th day of July, 1998.
David Schaaf, Mayor
ATTEST V
�l
Thomas Melena
City Administrator
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -07 -47
A RESOLUTION ORDERING IMPROVEMENTS
WHEREAS, after due Notice of Public Hearing on the construction of improvements for the
City of Oak Park Heights, Washington County, Minnesota, hearing on said improvements was duly
held and the Council heard all persons desiring to be heard on the matter and fully considered the
same;
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Oak Park Heights,
Minnesota, as follows:
1. It is advisable, expedient and necessary that said improvements as described in the
Amended Notice of Hearing thereon be constructed, and the same are hereby ordered made.
• 2. The improvements described in said Amended Notice of Hearing are hereby
designated and shall be known as the Kern Center Improvements of 1998.
3. The consulting engineers, Bonestroo, Rosene, Anderlik and Associates, are hereby
directed to prepare final plans and specifications for said improvements.
4. The City Council shall let the contract for all or part of the work for said
improvements or order all or part of the work done by day labor or otherwise as authorized
by Minnesota Statutes, Section 429.041, Subdivision 2 within one year of the date of this
resolution ordering said improvements.
The motion for the adoption of the foregoing resolution was duly seconded by
Member Turnquist and upon a vote being taken thereon, the following voted in favor
thereof:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson Jerry Turnquist
Councilperson Janet Robert
Councilperson David Beaudet
and the following voted against the same:
None.
Whereupon said resolution was declared duly passed and adopted.
Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota on this
28th day of July, 1998.
CITY OF OAK PARK HEIGHTS
David D. Schaaf Y
Attest: Mayor
r.
Thomas M. Melena
City Administrator
i
• EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
OAK PARK HEIGHTS, MINNESOTA
HELD: JULY 28,1998
Pursuant to due call and notice thereof, a regular 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 28th day
of July, 1998 at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson Jerry Turnquist
Councilperson Janet Robert
Councilperson David Beaudet
And the following were absent:
• None.
The meeting was held pursuant to resolution adopted May 26, 1998, calling a hearing on the
proposed improvements in said City, as more particularly described in the Amended Notice of a
Public Hearing, a copy of which is attached hereto. The Clerk presented affidavits showing the due
publication and mailing of the Notices of Hearing and the Mayor announced that the Council would
hear all persons who cared to be heard for or against the improvements as outlined in the Notice of
Hearing. All persons present were afforded an opportunity to present their views and objections to
the making of said improvements, and no objections were presented, except as follows:
Name of Obiector Pronertv Objection
None.
Member Swenson introduced the following resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENTS
WHEREAS, after due Notice of Public Hearing on the construction of improvements for the
City of Oak Park Heights, Minnesota, hearing on said improvements was duly held and the Council
• heard all persons desiring to be heard on the matter and fully considered the same;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park
Heights, Minnesota, as follows:
•
1. It is advisable, expedient and necessary that said improvements as described in the
Amended Notice of Hearing thereon be constructed, and the same are hereby ordered made.
2. The improvements described in said Amended Notice of Hearing are hereby
designated and shall be known as the Kern Center Improvements of 1998.
3. The consulting engineers, Bonestroo, Rosene, Anderlik and Associates, are hereby
directed to prepare final plans and specifications for said improvements.
4. The City Council shall let the contract for all or part of the work for said
improvements or order all or part of the work done by day labor or otherwise as authorized
by Minnesota Statutes, Section 429.041, Subdivision 2 within one year of the date of this
resolution ordering said improvements.
The motion for the adoption of the foregoing resolution was duly seconded by
Member Turnquist and upon a vote being taken thereon, the following voted in favor
thereof:
Mayor David Schaaf
• Councilperson Mark Swenson
Councilperson Jerry Turnquist
Councilperson Janet Robert
Councilperson David Beaudet
and the following voted against the same:
None.
Whereupon said resolution was declared duly passed and adopted.
•
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss
CITY OF OAK PARK HEIGHTS )
1, 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 thereof on file in my office, and that the same is a fully, true and
complete transcript of the minutes of a meeting of the City Council of said City, duly called and
held on the date therein indicated insofar as such minutes relate to the ordering and directing
preparation of final plans and specifications of the Kern Center Improvements of 1998 in said City.
WITNESS my hand and the seal of the City this 11th day of August, 1998.
Thomas M. Melena
City Administrator
•
RESOLUTION NO. 98-
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 August 1, 1998 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:
. N
t �
• 1. Sanitary sewer connection charge, $2,310.00 per
acre.
2. Municipal water connection charge, $4,010.00 per
acre.
3. Storm sewer connection charge, $5,080.00 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 20th day of July, 1998 4ca David 9,M o r
ATT T:
Thomas Melena
City Administrator
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -07 -45
A RESOLUTION CHANGING THE
MEETING DAY OF THE PARKS COMMISSION
WHEREAS, the City Council has determined that Tuesdays will be the weekday set
aside for regular City Council meetings and workshops; and,
WHEREAS, the- Parks Commission currently meets on the third Tuesday of each
month and therefore that will conflict with Council meetings and workshops
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Oak Park
Heights that the Parks Commission monthly meeting date shall be the third Monday of each
month.
Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota
on this 14th day of July, 1998.
CITY OF OAK PARK HEIGHTS
Davic(D. Schaaf
Attest: Mayor
1 homas M. Melena
City Administrator
•
• EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
OAK PARK HEIGHTS, MINNESOTA
HELD: July 14, 1998
Pursuant to due call and notice thereof, a regular
meeting of the City Council of the City of Oak Park Heights,
Washington County, Minnesota, was duly called and held at the City
Hall within said City on the 14th day of July, 1998 at 7:00 o'clock
p.m.
The following members were present:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson David Beaudet
Councilperson Janet Robert
Councilperson Jerry Turnquist
and the following were absent:
None.
Member Beaudet introduced the following
• resolution and moved its adoption:
RESOLUTION 1998- 07 -44
RESOLUTION ACKNOWLEDGING RECEIPT OF
PRELIMINARY REPORT OF KERN BUSINESS CENTER IMPROVEMENTS
AND CALLING FOR AMENDED NOTICE OF PUBLIC HEARING ON
THE KERN BUSINESS CENTER IMPROVEMENTS OF 1998
WHEREAS, the City Council deems it necessary and
expedient that the City of Oak Park Heights, Washington County,
Minnesota construct certain improvements, to -wit: street,
municipal, water, sanitary sewer, and storm sewer improvements
within the City of Oak Park Heights as described and in accordance
with the preliminary plans and report prepared by Bonestroo,
Rosene, Anderlik and Associates, the City's consulting engineers
and said report has been amended and updated as requested by the
office of the City Administrator; and,
WHEREAS, the Council has been advised by the consulting
engineers that said improvements are feasible and should best be
made as proposed by the consulting engineer's report to this
effect; and,
WHEREAS, the statute provides that no such improvement
• shall be made until the Council shall have held a public hearing on
such improvements following mailed notice and two publications
• thereof in the official newspaper stating the time and place of the
hearing, the general nature of the improvement, the estimated cost
thereof, and the area proposed to be assessed, in accordance with
law; and,
WHEREAS, the City previously held a public hearing on the
Kern Center Improvements on June 23, 1998; however, following said
public hearing, it came to the attention of City Staff that the
mailing list otherwise obtained from Washington County by City
Staff in order to conduct public hearing was inadequate and
consequently the office of the City Administrator has recommended
the re- noticing and amendment of the Notice of Public Hearing,
resetting same to July 28, 1998; and,
WHEREAS, the Council feels it reasonable that a second
public hearing be held on this amended notice to afford property
owners sufficient and adequate notice of the improvements sought to
be constructed, as well as opportunity to be heard regarding same.
NOW, THEREFORE BE IT RESOLVED by the City Council for the
City of Oak Park Heights, Washington County, Minnesota as follows:
1. That a public hearing will be held at the time and
place set forth in the amended notice of hearing attached hereto as
Exhibit " A " to consider said proposed improvements.
• 2. That the actions of the City Administrator in
establishing said public hearing for July 28, 1998 at 7:00 p.m. are
hereby approved.
3. That the nature of the improvements, the estimated
cost of each major portion thereof, and the areas proposed to be
assessed therefor are as described in the amended notice of hearing
attached hereto as Exhibit "A ".
4. The amended notice of said public hearing shall be
in substantially the form contained in the notice hereto attached.
5. The City Clerk is hereby authorized and directed to
cause notice of the said public hearing to be given in two
publications in the official newspaper. Said publications shall be
at least one (1) week apart and at least three (3) days shall
elapse between the last date of publication and the date of
hearing. Not less than ten (10) days before the hearing, the City
Administrator shall mail notice of the hearing to the owner of each
parcel of land within the area proposed to be assessed as described
in the notice. For the purpose of giving such mailed notice,
owners shall be those as to be shown on the records of the County
Auditor /Treasurer for Washington County or, if the tax statements
of the County are mailed by the County Treasurer, on the records in
the County Treasurer. As to properties not listed on the records
of the County Auditor /Treasurer, the Clerk shall ascertain such
• ownership by any practicable means and give mailed notice to such
owners.
The motion for the adoption of the foregoing Resolution
• was duly seconded by Member Swenso and upon a vote being
taken thereon, the following voted in favor thereof:
Mayor Schaaf, Councilmembers Beaudet, Robert,
Swenson, Turnquist
The following voted against same:
• None
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
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes of a meeting of the City Council of said City held on the
date therein indicated with the original thereof on file in my
office, and that the same is a full, true and complete transcript
therefrom, insofar as the same relates to the resolution awarding
contract on the Kern Center Improvements of 1998 in said City.
WITNESS my hand and the seal of said City this 15th day
of July 1998.
Thomas Melena
(SEAL) City Administrator
•
L
EXHIBIT "A"
AMENDED NOTICE OF PUBLIC HEARING ON IMPROVEMENTS
TO WHOM IT MAY CONCERN:
TIME AND PLACE: Notice is hereby given that the
City Council of the City of Oak Park
Heights, Minnesota, will meet in the City
Hall in the City of Oak Park Heights,
Minnesota, on the 28th day of July, 1998,
at 7:00 o'clock p.m. to consider the
construction of the following
improvements, to -wit: Kern Business
Center Improvements.
NATURE OF IMPROVEMENT: Construction of street, municipal water,
sanitary sewer, storm sewer, and civil
defense system improvements.
ESTIMATED COST: The total estimated cost of said
improvements is $833,000.00.
AREA PROPOSED TO BE The area proposed to be assessed for
ASSESSED: such improvements is as follows: All
that part of Section 6, Township 29
North, Range 20 West, platted as KERN
CENTER AND KERN CENTER 2ND ADDITION,
including adjacent rights of way. Also
including adjacent right of way of 55th
Street North.
AUTHORITY: The Council proposes to proceed under the
authority granted by Chapter 429 M.S.A.
Such persons as desire to be heard with reference to the
proposed improvements will be heard at this meeting.
Written or oral objections will be considered.
DATED: July 8, 1998.
BY ORDER OF THE CITY COUNCIL
Thomas Melena
City Administrator
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -06 -43
A RESOLUTION APPROVING
CHANGES TO THE 1998 BUDGET
WHEREAS, the City Council has received the amended 1998 budget for the City of
Oak Park Heights, Washington County, Minnesota; and,
WHEREAS, the City Council has determined that the amendments are appropriate to
provide for a budget management tool.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Oak Park
Heights that the amendments as attached are true and accurate and are now approved.
Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota
on this 9th day of June, 1998.
• CITY OF OAK PARK HEIGHTS
David D. Schaaf
Attest: Mayor
R � ^
a _
Thomas M. Melena
City Administrator
•
1998 Budget Adjustments
Original Budget Anticipated Budget Adjustment Amount
City Clerk 180,950 237,500 56,550
Personnel Services
Full -time Salaries 119,875 148,240 28,375
Part-time Salaries 26,475 42,500 16.025
Contractual Services
Telephone 5,250 5,450 200
Travel, Schools, 5,000 8,500 3,500
Conference
Fixed Charges
Memberships 500 1,050 550
PERA, ICMA 7,600 12,400 4,800
FICA, Medicaid 11,200 14,300 3,100
TOTALS 175.900 237.500 56,500
Audit
TOTALS 9.150 11.000 1,850
Mayor & Council, Legal
Professional Services 16,500 29,650 13,150
TOTALS 16.500 29,650 13.150
PE
Original Budget Anticipated Budget Amount to Adjust
Police Department
Professional Services
Salaries 505,785 510,225 4,440
Contractual Services (Other)
Other 10,000 12,500 2,500
Fixed Charges
PERA 55,150 55,650 500
TOTALS 570.935 578.375 7.440
Planning
TOTALS 30,900 35.000 4.100
Engineering
TOTALS 10.000 22.000 12.000
Economic Development
Personnel Services
Salaries -0- 3,200 3,200
Professional Services -0- 30,000 30,000
Contractual Services
Telephone -0- 200 200
Other -0- 500 500
Materials & Supplies Original Budget Anticipated Budget Amount to Adjust
Office Supplies -0- 1,000 1,000
Other -0- 500 500
Fixed Charges
PERA -0- 175 175
FICA -0- 250 250
TOTALS -0- 35.825 35.825
Public Works- Street
Maintenance
Contractual Services 15,000 19,000 4,000
TOTALS 15,000 19 4.000
Arborist
Professional Services 2,400 6,460 4,060
Parks & Recreation
Salaries full -time 58,000 61,700 3,700
Severance 4,780 4,780 4,780
(fund balance reserves) (adjusted expenses)
Salaries part-time 16,750 21,225 4,475
Fixed Charges
PERA 3,000 3,200 200
Original Budget Anticipated Budget Amount to Adjust
FICA 4,550 6,675 2,125
TOTALS 82 300 97.580 15.250
Contingency -0- 10.000 10.000
Building to General -0- 1.840 1,840
Management
(Roger's Severance)
General Building Fund- 11.060 10,245 815.00
Utilities
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -06 -42
A RESOLUTION CHANGING THE NAME
OF THE CAPITAL IMPROVEMENTS FUND
TO THE BUDGETED PROJECTS FUND
WHEREAS, the City Council has reviewed the name of the Capital Improvements
Fund; and,
WHEREAS, with budget amendments to the 1998 budget, the City Council has
determined that the Capital Improvements Fund should be renamed the Budgeted Projects
Fund.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Oak Park
Heights that the Capital Improvements Fund be renamed the Budgeted Projects Fund.
• Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota
on this 9th day of June, 1998.
CITY OF OAK PARK HEIGHTS
David D. Schaaf
Attest: Mayor
Thomas M. Melena
City Administrator
i
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -05 -41
RESOLUTION ORGANIZING THE OAK PARK
HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
IT IS HEREBY RESOLVED by the Board of Commissioners (the "Board ") of the Oak Park Heights
Economic Development Authority (the "EDA ") as follows:
1. Recitals.
(a) On May 12, 1998, the City of Oak Park Heights, Washington County, Minnesota (the
"City "), acting through its City Council, adopted a certain enabling resolution establishing the
EDA pursuant to Minnesota Statutes, Sections 469.090 through 469.108. Pursuant to said
enabling resolution, the members of the Oak Park Heights City Council are the members of the
Board of the EDA.
(b) The Board wishes to provide for the basic organization of the EDA, including
• appointment of officers and adoption of Bylaws.
2. Adoption of Bvlaws and Annointment of Officers. The Board hereby: (1) approves the
Bylaws of the EDA, as presented on the date hereof for the Board's consideration, and (2)
appoints and approves the following officers of the EDA:
President Jerry Turnquist
Vice - President Dave Schaaf
Secretary Mark Swenson
Treasurer David Beaudet
Assistant Treasurer Judy Holst, Finance Director
The President shall be the chief presiding officer of the Board and shall have such other
responsibilities as may be required by law or conferred on the President, the Vice - President shall
assume all said responsibilities of the President. The offices of President, Treasurer, and Secretary
shall be elected annually, as required by law. The Secretary shall act as the chief recording officer for
the Board and shall maintain a file of minutes of Board meetings and resolutions.
In accordance with Minnesota Statutes, Section 469.096, Subdivision 8, all checks of the EDA
shall be signed by the Treasurer and the Assistant Treasurer and shall state the nature of the claim for
which the check is issued. As required by law, the EDA shall adopt an official seal.
3. Regular Meetings of the Board. The Board's regular meetings shall be held
following adjournment of the regular meetings of the Oak Park Heights City Council or at such
• other times as the Board may designate.
Passed by the Board of Commissioners of the Oak Park Heights Economic Development Authority this
12th day of May, 1998.
• CITY OF OAK PARK HEIGHTS
71;
ist
Jer6 T
Att est: EDA President
Thomas M. Melena
City Administrator
•
•
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
CITY CLERK'S CERTIFICATE
The undersigned, being the duly appointed and acting Secretary of the Oak Park Heights
Economic Development Authority, hereby certifies that a meeting of the Board of
Commissioners thereof was duly called and regularly held in the Oak Park Heights City Hall on
May 12, 1998, and that at said meeting Commissioner Tumquist, moved the adoption of the
foregoing resolution, relating to the organization of the Oak Park Heights, EDA, which
resolution was duly seconded by Commissioner Beaudet, and that upon vote being taken thereon,
the following members of the Board of Commissioners of the EDA voted in favor of:
Commissioners Turnquist, Beaudet, Robert, Schaaf, and Swenson
And the following voted against the same:
None
Whereupon said resolution was declared duly adopted.
Witness my hand as Secretary of the Oak Park Heights Economic Development Authority
this 9th day of June, 1998.
David Beaudet
EDA Secretary
" r
• EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF OAK PARK
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
MEETING HELD: May 26, 1998
Pursuant to due call and notice thereof, a regular
meeting of the City Council for the City of Oak Park Heights,
Washington County, Minnesota was duly held at the City within said
City on the 26th day of May, 1998, at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson David Beaudet
Councilperson Janet Robert
Councilperson Jerry Turnquist
The following members were absent:
None
Member Robert introduced the following resolution and
moved its adoption:
RESOLUTION NO. 98- 05 -40
RESOLUTION RECEIVING PRELIMINARY REPORT ON
58TH STREET NORTH /NORELL AVENUE TO
OAKGREEN AVENUE IMPROVEMENTS AND CALLING FOR
PUBLIC HEARING ON 58TH STREET NORTH /NORELL AVENUE
TO OAKGREEN AVENUE IMPROVEMENTS OF 1998
WHEREAS, the City Council deems it necessary and
expedient that the City of Oak Park Heights, Washington County,
Minnesota construct certain improvements, to -wit: construction of
58th Street as a four lane collector roadway with an 80 foot right -
of -way inclusive of the construction of watermain, storm sewer, and
pathway /walkway improvements within the City of Oak Park Heights as
described and in accordance with the preliminary plans and report
prepared by Bonestroo, Rosene, Anderlik and Associates of May 20,
1998, the City's consulting engineer; and,
WHEREAS, the Council has been advised by the consulting
engineers that said Norell Avenue to Oakgreen Avenue improvements
of 1998 are feasible and should best be made as proposed, and a
consulting engineer's report to this effect has heretofore been
received by the City Council and filed with the City Clerk; and,
WHEREAS, the statute provides that no such improvement
• shall be made until the Council shall have held a public hearing on
such improvements following mailed notice and two publications
thereof in the official newspaper stating the time and place of the
hearing and general nature of the improvement, the estimated cost
thereof, and the area proposed to be assessed, in accordance with
law.
NOW, THEREFORE, BE IT RESOLVED by the City Council for
the City of Oak Park Heights, Washington County, Minnesota as
follows:
1. A public hearing will be held at the time and place
set forth in the notice of hearing attached hereto as Exhibit "A"
to consider said proposed improvements.
2. The nature of the improvements, the estimated cost
of each major portion thereof, and the areas proposed to be
assessed therefor described in the form notice of hearing attached
hereto.
3. The notice of said public hearing shall be in
substantially the form contained in the notice hereto attached.
4. The City Administrator is hereby authorized and
directed to cause notice of the said public hearing to be given in
• two publications in the official newspaper. Said publications
shall be one (1) week apart and at least three (3) days shall
elapse between the last publication and the date of hearing. Not
less than ten (10) days before the hearing the City Administrator
shall mail notice of the hearing to the owner of each parcel of
land within the area proposed to be assessed as described in the
notice. For the purpose of giving such mailed notice, owner shall
be those as to be shown on the records of the County
Auditor /Treasurer for Washington County or, if the tax statements
in the County are mailed by the County Treasurer, on the records of
the County Treasurer. As to properties not listed on the records
of the County Auditor /Treasurer, the Clerk shall ascertain such
ownership by any practicable means and give mailed notice to such
owners.
The motion for the adoption of the foregoing Resolution
was duly seconded by Member Swenson and upon a vote being taken
thereon, the following voted in favor thereof:
Mayor David Schaaf
Councilperson David Beaudet
Councilperson Janet Robert
Councilperson Jerry Turnquist
Councilperson Mark Swenson
The following voted against same:
• None
• Where upon 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
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes of a meeting of the City Council of said City held on the
date therein indicated with the original thereof in my office, and
the same is a full, true and complete transcript therefrom, insofar
as the same relates to the resolution awarding contract on the
58th Street North /Norell Avenue to Oakgreen Avenue Improvements
• in said City.
WITNESS my hand and the seal of said City this lst day of
June 1998.
Thomas Melena
(SEAL) City Administrator
L
CERTIFICATE OF MAILING OF NOTICE
ON HEARING ON IMPROVEMENTS
The undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, does
hereby certify that on the lst day of June , 1998 being
ten days or more before the hearing on said improvement), he gave
mailed Notice of Hearing (a true and correct copy of which is
attached hereto as Exhibit A) of the following described
improvement, to -wit:
Construction of 58th Street as a four lane collector
roadway with 80 foot right -of -way in conjunction with
pathway /walkway improvements, watermain and storm sewer
improvements
to the owners of each parcel of land within the area proposed to be
assessed.
For the purpose of giving such mailed notice the
undersigned secured the names of the property owners within the
area proposed to be assessed from the records of the County
Auditor /Treasurer or County Treasurer. Mailed notice of the
hearing on said improvement was also given on the same date to the
following property owners within the area proposed to be assessed
whose names are not listed on the records of the County Auditor or
County Treasurer:
See attached Exhibit B.
WITNESS my hand and the seal of said City this 1st day
of June 1998.
(Seal) Thomas Melena v
City Administrator
is
IL
• EXHIBIT " A "
NOTICE OF PUBLIC HEARING ON IMPROVEMENTS
TO WHOM IT MAY CONCERN:
TIME AND PLACE: Notice is hereby given that the
City Council of the City of Oak Park
Heights, Minnesota, will meet in the City
Hall in the City of Oak Park Heights,
Minnesota, on the 23rd day of June, 1998,
at 7:00 o'clock p.m. to consider the
construction of the following
improvements, to -wit: 58th Street
North /Norell Avenue to Oakgreen Avenue
Improvements.
NATURE OF IMPROVEMENT: Construction of 58th Street as a four
lane collector roadway with 80 foot
right -of -way in conjunction with
pathway /walkway improvements, watermain
and storm sewer improvements.
ESTIMATED COST: The total estimated cost of said
• improvements is $995,000.00.
AREA PROPOSED TO BE The area proposed to be assessed for
ASSESSED: such improvements is as follows: All
that area specifically benefited thereby
as identified in the attached map annexed
hereto as Exhibit 1.
AUTHORITY: The Council proposes to proceed under the
authority granted by Chapter 429 M.S.A.
Such persons as desire to be heard with reference to the
proposed improvements will be heard at this meeting.
Written or oral objections will be considered.
DATED: May 26. 1998.
BY ORDER OF THE CITY COUNCIL
Thomas Melena
City Administrator
•
• EXHIBIT B
John Haase 135 Bordeaux Court
Woodbury, IIN 55125
Daryl Haase 2768 Grenada Avenue North
Oakdale, MN 55128
Helen J. Ritzer 556 South Arch
New Richmond, WI 54017
Wal -Mart Stores, Ihc.
Attn: Carol Ownby
701 South Walton Boulevard, Highway 71
Bentonville, AK 72716
5815 Norell Avenue North
Oak Pa - rk Heights, MN 55082
• EXHIBIT " A "
NOTICE OF PUBLIC HEARING ON IMPROVEMENTS
TO WHOM IT MAY CONCERN:
TIME AND PLACE: Notice is hereby given that the
City Council of the City of Oak Park
Heights, Minnesota, will meet in the City
Hall in the City of Oak Park Heights,
Minnesota, on the 23rd day of June, 1998,
at 7:00 o'clock p.m. to consider the
construction of the following
improvements, to -wit: 58th Street
North /Norell Avenue to Oakgreen Avenue
Improvements.
NATURE OF IMPROVEMENT: Construction of 58th Street as a four
lane collector roadway with 80 foot
right -of -way in conjunction with
pathway /walkway improvements, watermain
and storm sewer improvements.
ESTIMATED COST: The total estimated cost of said
improvements is $995,000.00.
AREA PROPOSED TO BE The area proposed to be assessed for
ASSESSED: such improvements is as follows: All
that area specifically benefited thereby
as identified in the attached map annexed
hereto as Exhibit 1.
AUTHORITY: The Council proposes to proceed under the
authority granted by Chapter 429 M.S.A.
Such persons as desire to be heard with reference to the
proposed improvements will be heard at this meeting.
Written or oral objections will be considered.
DATED: May 26 1998.
BY ORDER OF THE CITY COUNCIL
Thomas Melena
City Administrator
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CITY OF OAK PARK HEIGHTS
• WASHINGTON COUNTY, MINNESOTA
RESOLUTION 98 -05 -40
ENABLING RESOLUTION ESTABLISHING THE
OAK PARK HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY UNDER THE MINNESOTA STATUTES,
SECTIONS 469.090 THROUGH 469.108
BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows:
1. Recitals. The City is authorized pursuant to Minnesota Statutes, Sections
469.090 through 469.108 (the "Economic Authority Act "), to establish an economic
development authority for the City, and the Council desires to do so in order to promote
certain economic, commercial, housing, and/or industrial development and redevelopment
goals and objectives. The City has caused notice of a public hearing on the establishment
by the City of an economic development authority to be published in a newspaper of
general circulation in the City once a week for two (2) consecutive weeks, and pursuant to
such notice, a public hearing on said question has been held by the Council on the date
hereof, at which hearing all persons desiring to present their oral or written comments on
this proposal were given an opportunity to do so.
2. Establishment of Economic Development Authority. Pursuant to the Economic
• Development Authority Act, the Council hereby establishes an economic development
authority for the City, to be known as the Oak Park Heights Economic Development
Authority (the "EDA "). The EDA shall be governed by a board of commissioners thereof
consisting of the five members of the Council and the term of each shall coincide with that
commissioner's membership on the City Council.
3. Powers. The EDA shall have all powers given to an economic development
authority pursuant to the Economic Development Authority Act, as the same may be
amended or supplemented.
Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota on
this 12th day of May, 1998.
CITY OF OAK PARK HEIGHTS
David Schaaf
Attest: Mayor
• Thomas M. Melena
City Administrator
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
CITY CLERK'S CERTIFICATE
The undersigned, being the duly appointed and acting City Clerk of the City of Oak Park
Heights, Washington County, Minnesota, hereby certifies that the foregoing is a true and correct
extract of the minutes of a regular meeting of the City Council duly called and regularly held on
May 12, 1998. Said resolution relates to the establishment and ratification by the City of Oak
Park Heights Economic Development Authority.
Councilmember Turnquist introduced said resolution and moved its adoption.
Councilmember Swenson seconded said motion, and upon vote being taken thereon the
following Councilmembers voted in favor thereof:
Mayor Schaaf, Councilmembers Beaudet, Robert, Swenson, and Turnquist
And the following voted against the same:
None
Whereupon said resolution was declared duly adopted.
Witness my hand as City Clerk and the official seal of the City of Oak Park Heights,
Washington County, Minnesota this 14th day of May, 1998.
Thomas M. Melena
City Administrator
•
r
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF OAK PARK
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
MEETING HELD: May 26, 1998
Pursuant to due call' and notice thereof, a regular
meeting of the City Council for the City of Oak Park Heights,
Washington County, Minnesota was duly held at the City within said
City on the 26th day of May, 1998, at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson David Beaudet
Councilperson Janet Robert
Councilperson Jerry Turnquist
The following members were absent:
None
Membe r Turn q uist introduced the following resolution and
moved its adoption:
40 RESOLUTION NO. 98-
05 -39
RESOLUTION RECEIVING PRELIMINARY REPORT ON
KERN BUSINESS CENTER IMPROVEMENTS AND CALLING FOR
PUBLIC HEARING ON THE KERN BUSINESS CENTER
IMPROVEMENTS OF 1998
WHEREAS, the City Council deems it necessary and
expedient that the City of Oak Park Heights, Washington County,
Minnesota construct certain improvements, to -wit: street, municipal
water,sanitary sewer,and storm sewer improvements within the City
of Oak Park Heights as described and in accordance with the
preliminary plans and report prepared by Bonestroo, Rosene,
Anderlik and Associates , the City's consulting engineer; and,
WHEREAS, the Council has been advised by the consulting
engineers that said improvements are feasible and should best be
made as proposed by the consulting engineer's report to this
effect; and,
WHEREAS, the statute provides that no such improvement
shall be made until the Council shall have held a public hearing on
such improvements following mailed notice and two publications
thereof in the official newspaper stating the time and place of the
hearing and general nature of the improvement, the estimated cost
d
•
•
•
thereof, and the area proposed to be assessed, in accordance with
law.
NOW, THEREFORE, BE IT RESOLVED by the City Council for
the City of Oak Park Heights, Washington County, Minnesota as
follows:
1. A public hearing will be held at the time and place
set forth in the notice of hearing attached hereto as Exhibit "A"
to consider said proposed improvements.
2. The nature of the improvements, the estimated cost
of each major portion thereof, and the areas proposed to be
assessed therefor described in the form notice of hearing attached
hereto.
3. The notice of said public hearing shall be in
substantially the form contained in the notice hereto attached.
4. The City Administrator is hereby authorized and
directed to cause notice of the said public hearing to be given in
two publications in the official newspaper. Said publications
shall be one (1) week apart and at least three (3) days shall
elapse between the last publication and the date of hearing. Not
less than ten (10) days before the hearing the City Administrator
shall mail notice of the hearing to the owner of each parcel of
land within the area proposed to be assessed as described in the
notice. For the purpose of giving such mailed notice, owner shall
be those as to be shown on the records of the County
Auditor /Treasurer for Washington County or, if the tax statements
in the County are mailed by the County Treasurer, on the records of
the County Treasurer. As to properties not listed on the records
of the County Auditor /Treasurer, the Clerk shall ascertain such
ownership by any practicable means and give mailed notice to such
owners.
The motion for the adoption of the foregoing Resolution
was duly seconded by Member Swenson and upon a vote being taken
thereon, the following voted in favor thereof:
Mayor David Schaaf
Councilperson David Beaudet
Councilperson Janet Robert
Councilperson Jerry Turnquist
Councilperson Mark Swenson
The following voted against same:
None
00 Where upon said Resolution was declared duly passed and
adopted.
•
RESOLUTION NO. 98- 05 -38
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION OPPOSING ATTEMPTS TO AMEND
THE HISTORIC WILD AND SCENIC RIVERS ACT
AS PROPOSED BY THE AMERICAN ASSOCIATION
OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS
AND MINNESOTA AND WISCONSIN DEPARTMENTS OF TRANSPORTATION
WHEREAS, the City of Oak Park Heights is located in
Washington County along the St. Croix River, which is a protected
waterway under the Wild and Scenic Rivers Act; and,
WHEREAS, the American Association of State Highway and
Transportation Officials in conjunction with the Minnesota and
Wisconsin Departments of Transportation are urging amendment of the
Wild and Scenic Rivers Act, having lost in their attempts to
circumvent said act within the Federal District Court for the
• District of Minnesota by decision rendered by the Honorable Ann
Montgomery; and,
WHEREAS, Congressman Bill Luther has already corresponded
with conferees to the ISTEA Conference Committee; and,
WHEREAS, attempts are being made to insert language into
the ISTEA Conference Committee report changing the definition of a
water resources project and irreparably changing the impact and
protections of the Wild and Scenic Rivers Act as it affects the St.
Croix River and other protected waterways; and,
WHEREAS, the Minnesota and Wisconsin Departments of
Transportation, despite urging by Congressman Bill Luther, City of
Oak Park Heights, the Sierra Club and others, have refused to meet
in mediation to attempt to resolve the differences between the
National Park Service, the Department of the Interior and the
Transportation Departments as it affects the proposed 4 -1ane
highway bridge advocated for construction by those state
departments of transportation between Oak Park Heights, Minnesota
and Houlton, Wisconsin; and,
WHEREAS, the Wild and Scenic Rivers Act that protects the
nation's wild and scenic river systems is a major and substantial
piece of legislation which protects the interests of the public in
the nations Wild and Scenic Rivers which comprise a small
percentage of the nations riverways; and,
•
• WHEREAS, any attempt to amend the Wild and Scenic Rivers
Act constitutes a major national issue requiring the most careful
thought and deliberation to be heard and considered by House
Resources Committee and Senate Energy and Natural Resources
Committee, which are the committees with jurisdiction over the Wild
and Scenic Rivers Act; and,
WHEREAS, it is inappropriate to attempt to change
legislation of national significance merely for the purpose of
trying to circumvent a Federal District Court decision; and,
WHEREAS, the American Association of State Highway and
Transportation Officials and the Minnesota and Wisconsin
Departments of Transportation would be better encouraged to work
cooperatively with the National Park Service, the Department of the
Interior, the affected governments, cities, counties, and other
interested parties to find an amicable solution to their proposed
4 -lane crossing of the St. Croix River as opposed to attempting to
circumvent public input by proposals to amend significant pieces of
legislation in order to suit their individual needs.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights as follows:
1. That the City urges the conferees of the ISTEA
• Conference Committee to resist attempts and proposals by the
Minnesota and Wisconsin Departments of Transportation to amend the
Historic Wild and Scenic Rivers Act in any regard.
2. That the City of Oak Park Heights supports the
efforts of Congressman Bill Luther in urging the states of
Minnesota and Wisconsin and their respective transportation
departments to cooperatively negotiate issues involving the
proposed crossing of the St. Croix River with the affected
governmental agencies and interested persons to find a cooperative
solution to the respective interests of all parties as it affects
this project.
3. That the City Administrator for the City of Oak Park
Heights is herewith directed to forward a copy of this Resolution
to each of the conferees of the ISTEA Conference Committee.
Passed by the City Council for the City of Oak Park
Heights this 12th day of May, 1998.
David Schaaf, Mayor �`-
ATT (/
• Thomas Melena
City Administrator
• EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL FOR THE CITY OF OAR PARR
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
MEETING FIELD: May 12, 1998
Pursuanc to due call and notice thereof, a regular
meeting of the City Council for the City of oak Park Heights,
Washington County, Minnesota was duly called and held at the
Municipal Building in the City of Oak Park Heights in said City on
the 12th day of May, 1998 at 7:00 o'clock p.m.
The following members were present:
Mayor Schaaf
Councilmembers Beaudet, Robert, Swenson, Turnquist
The following members were absent:
None
Member Turnquist introduced the following
resolution and moved its adoption.
RESOLUTION 1998- ^05 -37
A RESOLUTION DIRECTING THE OFFICE OF THE
CITY ENGINEER TO PREPARE A FEASIBILITY REPORT
WITH REGARD TO THE PROPOSED CONSTRUCTION OF
58TH STREET EAST IMPROVEMENTS BETWEEN
OARGREEN AVENUE AND THE CITY HALL
WHEREAS, the City Council has reviewed the possibility of
constructing 58th Street between the City Hall property and
Oakgreen Avenue within the City of Oak Park Heights; and,
WHEREAS, it appears the public benefit may be rendered by
improved traffic circulation and traffic flows, as well as
accommodating urban growth and development by constructing same.
NOW, THEREFORE, BE IT RESOLVED by the City Council for
the City of Oak Park Heights that the City Engineers, Bonestroo,
Anderlik and Associates are herewith directed to conduct a study
and feasibility report as it affects the construction of 58th
Street improvements from Oakgreen Avenue to the City Hall property
within the City of oak Park Heights.
•
• BE IT FURTHER RESOLVED that the office of the City
Engineer shall present a written feasibility report back to the
City Council with regard to the feasibility of this project.
Passed by the City Council for the City of Oak Park
Heights this 12th day of May, 1998.
The Motion for the adoption of the foregoing Resolution
was duly seconded by Member Swenson and upon a voice vote
being taken thereon, the following vote is in favor thereof:
Mayor Schaaf
Councilmembers Beaudet, Robert, Swenson, Turnquist
The following. voted against same:
None
adopted. Where upon said Resolution was declared passed and
•
STATE OF MINNESOTA )
COUNTY OF WASHINGTON
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
,CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that
the same is a full, true and complete transcript of the minutes of
a meeting of the City Council of said City, duly called and held on
the date therein indicated insofar as such minutes of a meeting of
the City Council of said City, duly called and held on the date
therein indicated insofar as such minutes relate to the ordering
and directing preparation of final plans and specifications of the
• East 58th Street Improvements of 1998 in said City.
WITNESS my hand and the seal of said City this' 12 day of
May, 1998.
Thomas Melena
(SEAL) City Administrator
•
RESOLUTION 98 -05 -3
A RESOLUTION DIRECTING THE OFFICE OF THE
CITY ENGINEER TO PREPARE A FEASIBILITY REPORT
WITH REGARD TO THE PROPOSED CONSTRUCTION OF
58TH STREET EAST IMPROVEMENTS BETWEEN
OAKGREEN AVENUE AND THE CITY HALL
WHEREAS, the City Council has reviewed the possibility of constructing 58th Street
between the City Hall property and Oakgreen Avenue within the City of Oak Park Heights; and,
WHEREAS, it appears the public benefit may be rendered by improved traffic
circulation and traffic flows, as well as accommodating urban growth and development by
constructing same.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Oak Park Heights
that the City Engineers, Bonestroo, Rosene, Anderlik and Associates are herewith directed to
conduct a study and feasibility report as it affects the construction of 58th Street improvements
from Oakgreen Avenue to the City Hall property with the City of Oak Park Heights.
BE IT FURTHER RESOLVED, that the office of the City Engineer shall present a written
feasibility report back to the City Council with regard to the feasibility of this project.
• Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota on
this 12th day of May, 1998.
CITY OF OAK PARK HEIGHTS
fz"1 00e
David D. Schaaf
Attest: Mayor
Thomas M. Melena
City Administrator
•
• EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL FOR THE CITY OF OAK PARK
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
MEETING HELD: Delay 12, 1998
Pursuant to due call and notice thereof, a regular
meeting of the City Council for the City of Oak Park Heights,
Washington County, Minnesota was duly called and held at the
Municipal Building in the City of Oak Park Heights in said City on
the 12th day of May, 1998 at 7:00 o'clock p.m.
The following members were present:
Mayor Schaaf Councilmember Beaudet
Councilmember Robert
Councilmember Swenson
o cijmember Turnquist
The o�owing members were absent:
None.
Member Turnquist introduced the following
resolution and moved its adoption.
•
RESOLUTION 1998 05 - 3(a
A RESOLUTION DIRECTING THE OFFICE OF THE
CITY ENGINEER TO PREPARE A FEASIBILITY REPORT
WITH REGARD TO THE PROPOSED CONSTRUCTION OF
58TH STREET IN THE ANNEXATION AREA EXTENDED
BETWEEN WALMART AND OAIKOREEN AVENUE
WHEREAS, the City Council has reviewed the possibility of
constructing 58th Street between the City Hall property and
Oakgreen Avenue within the City of Oak Park Heights; and,
WHEREAS, it appears the public benefit may be rendered by
improved traffic circulation and traffic flows, as well as
accommodating urban growth and development by constructing same.
NOW, THEREFORE, BE IT RESOLVED by the City Council for
the City of Oak Park Heights that the City Engineers, Bonestroo,
Anderlik and Associates are herewith directed to conduct a study
and feasibility report as it affects the construction of 58th
Street improvements from Oakgreen Avenue to the City Hall property
within the City of Oak Park Heights.
BE IT FURTHER RESOLVED that the office of the City
Engineer shall present a written feasibility report back to the
City Council with regard to the feasibility of this project.
Passed by the City Council for the City of Oak Park
Heights this 12th day of May, 1998.
The Motion for the adoption of the foregoing Resolution
was duly seconded by Member Swens and upon a voice vote
being taken thereon, the following vote is in favor thereof:
Mayor Schaaf.
Councilmembers Beaudet
Robert
Swenson
Turnquist
The following voted against same:
None
adopted. Where upon said Resolution was declared passed and
•
•
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that
the same is a full, true and complete transcript of the minutes of
a meeting of the City Council of said City, duly called and held on
the date therein indicated insofar as such minutes of a meeting of
the City Council of said City, duly called and held on the date
therein indicated insofar as such minutes relate to the ordering
and directing preparation of final plans and specifications of the
58th Street Improvements of 1998 in said City.
WITNESS my hand and the seal of said City this 12 day of
May, 1998.
Thomas Melena
(SEAL) City Administrator
RESOLUTION 98 -05 -35
• A RESOLUTION DIRECTING THE OFFICE OF THE
CITY ENGINEER TO PREPARE A FEASIBILITY REPORT
WITH REGARD TO THE PROPOSED CONSTRUCTION OF
58TH STREET IN THE ANNEXATION AREA EXTENDED
BETWEEN WAL -MART AND OAKGREEN AVENUE
WHEREAS, the City Council has reviewed the possibility of constructing 58th Street
between the City Hall property and Oakgreen Avenue within the City of Oak Park Heights; and,
WHEREAS, it appears the public benefit may be rendered by improved traffic
circulation and traffic flows, as well as accommodating urban growth and development by
constructing same.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Oak Park Heights
that the City Engineers, Bonestroo, Rosene, Anderlik and Associates are herewith directed to
conduct a study and feasibility report as it affects the construction of 58th Street improvements
from Oakgreen Avenue to the City Hall property with the City of Oak Park Heights.
BE IT FURTHER RESOLVED, that the office of the City Engineer shall present a written
feasibility report back to the City Council with regard to the feasibility of this project.
• Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota on
this 12th day of May, 1998.
CITY OF OAK PARK HEIGHTS
David D. Schaaf
Attest: Mayor
Thomas M. Melena
City Administrator
•
i
• EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF OAK PARK
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
MEETING HELD: April 28, 1998
Pursuant to due call and notice thereof, a regular
meeting of the City Council for the City of Oak Park Heights,
Washington County, Minnesota was duly held at the City within said
City on the 14th day of April, 1998, at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf Councilmember David Beaudet
Councilmember Janet Robert
Councilmember Mark Swenson
Councilmember Jerry Turnquist
The following members were absent:
None
The Council had received bids on construction of the Neal
Avenue /58th Street Intersection Improvements of 1998 Project within
• the City and after publicly opening, tabulating, and analyzing said
bids, proceeded to consider said bids. The following bids were
received:
Bidder Address Amount of Bid
Tower Asphalt, Inc P.O. Box 15001 $286,630.50
Lakeland, MN 55043
Valley Paving, Inc. 4105 85th Ave. No. $322,897.72
Brooklyn Park, MN 55443
Hardrives, Inc. 14475 Quiram Drive $328,318.70
Rogers, MN 55374
• I
I
After discussion, Member Turnquist introduced
• the following resolution and moved its adoption:
RESOLUTION NO 98- 04 -35
RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON
THE NEAL AVENUE /58TH STREET INTERSECTION
IMPROVEMENTS OF 1998 PROJECT
BE IT RESOLVED by the City Council for the City of Oak
Park Heights, Washington County, Minnesota as follows:
1. All bids on the construction of the Neal Avenue /58th
Street Intersection Improvements of 1998 Project are hereby
received and tabulated.
2. The bid of Tower Asphalt, Inc. in the amount of
$286,630.50 for the construction of said improvements in accordance
with the plans and specifications and advertisement for bids is the
lowest responsible bid and shall be and is hereby accepted.
3. The Mayor and the Clerk are hereby authorized and
directed to enter into a contract with said bidder for the
construction of said improvements for and on behalf of the City of
• Oak Park Heights.
4. The City Administrator is hereby authorized and
directed to return forthwith to all bidders the deposits made with
their bids, except that the deposit of the successful bidder and
the next lowest bidder shall be retained until a contract has been
executed.
The motion for the adoption of the foregoing Resolution
was duly seconded by Member �'T .7Crfcr) n and upon a vote
being taken thereon, the following voted in favor thereof:
Beaudet, Robert, Schaaf, Swenson, Turnquist
The following voted against same:
None
Where upon said Resolution was declared passed and
adopted.
•
a
• STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes of a meeting of the City Council of said City held on the
date therein indicated with the original thereof in my office, and
the same is a full, true and complete transcript therefrom, insofar
as the same relates to the resolution awarding contract on the
Neal Avenue /58th Street Intersection Improvements of 1998 Project
in said City.
WITNESS my hand and the seal of said City this 29_ of
• April 1998.
Thomas Melena
(SEAL) City Administrator
i
RESOLUTION 98 -04 -34
• A RESOLUTION ADOPTING STRATEGIC
PLANNING GOALS FOR 1998 -1999
WHEREAS, the City Council of the City of Oak Park Heights held a goal
setting/strategic planning workshop on Friday, April 17, 1998; and,
WHEREAS, the City Council determined ten goals for the City to focus on completion
for 1998 -1999; and,
WHEREAS, the goals are listed as follows:
- Rezone state - acquired land to O -Open Space and have group planning/decision
making for new St. Croix River crossing bridge;
- Develop Kern Center and other commercial /industrial site in Oak Park Heights;
-Plan and acquire land for new wells;
- Complete planning for T.H. 36 and Osgood Avenue intersection;
-City to annex/buy DNR property;
- Complete design standards;
- Prepare plan for utility deregulation;
- Finish Comprehensive Planning;
- Complete park projects; i.e. prairie restoration, trails, etc.;
• - Complete 58th Street to Oakgreen Avenue and through to City Hall.
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 1998 -1999 as
outlined above.
Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota on
this 28th day of April, 1998.
CITY OF OAK PARK HEIGHTS
David D. Schaaf -
Attest: Mayor
r
• Thomas M. Melena
City Administrator
• RESOLUTION 98 -04 -33
A RESOLUTION AUTHORIZING GENERAL FUND RESERVE
FOR EMPLOYEE INSURANCE BENEFITS
WHEREAS, the City Council of the City of Oak Park Heights has determined the
need for a general fund reserve for employee insurance benefits;
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Oak Park
Heights, Washington County, Minnesota, as follows:
That twenty percent (20 %) of the total possible cost for employee health, dental,
and life benefits be designated as a General Fund reserve balance.
Passed by the City Council of the City of Oak Park Heights, Washington County,
Minnesota on this 28th day of April, 1998.
CITY OF OAK PARK HEIGHTS
or
David K Sch of
Attest: Mayor
Thomas M. Melena
City Administrator
I
I
•
is RESOLUTION 98 -04 -32
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING ABATEMENT OF SPECIAL ASSESSMENT
TO ROBERT M. AND JEAN A. LUDWIG
WHEREAS, the City Staff has prepared and submitted to Washington County Auditor - Treasurer
Department the certifications for special assessments to be levied in calendar year 1998; and,
WHEREAS, it has been brought to the attention of City Staff that a special assessment, for unpaid
utilities in the amount of $188.56, was placed in error on property ID 04- 29 -20 -14 -0017 (14798 N. 56th
St.) Owned by Robert M. and Jean A. Ludwig; and,
WHEREAS, an additional sum of 10% was attached to said assessment by Washington County
Auditor - Treasurer, making the total special assessment $207.42; and,
WHEREAS, the City Council for the City of Oak Park Heights has determined that the special
assessment mentioned above, having been assessed in error, should be abated from property ID 04- 29 -20-
14 -0017.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights,
Washington County, Minnesota, as follows:
1. That the special assessment, including 10% charge attached by Washington County Auditor -
Treasurer, of $207.42 as well as any interest incurred, be abated from property ID 04- 29 -20 -14 -0017 as
owned by Robert M. and Jean A. Ludwig for calendar year 1998.
2. That City Staff be directed to complete abatement process to have removed special
assessment as reflected on property 04- 29 -20 -14 -0017.
Passed by the City Council for the City of Oak Park Heights this 14th of April, 19
David D. Schaaf
Attest: Mayor
Thomas M. Melena
City Administrator
• RESOLUTION 98 -03 -31
A RESOLUTION AUTHORIZING THE SUBDIVISION AND
REZONING FOR STILLWATER FORD
WHEREAS, Stillwater Ford is currently using property zoned as O -Open Space
Conservation as commercial use; and,
WHEREAS, this has not caused a problem in the past nor does it presently; and,
WHEREAS, the City Council realizes that this rezoning to B -2 Commercial is
necessary to bring the property into compliance with the City's Zoning Ordinance.
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 approves the authorization to
subdivide and rezone the eastern 83 feet of the Stillwater Ford property.
Passed by the City Council of the City of Oak Park Heights, Washington County,
• Minnesota on this 24th day of March, 1998.
CITY OF OAK PARK HEIGHTS
- e(
David D. Schaaf
Attest: Mayor
Thomas M. Melena
City Administrator
•
Extract of Minutes
• of the City Council
of the City of Oak Park Heights, Washington County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak
Park Heights, Washington County, Minnesota, was held in the Oak Park Heights City Hall on
Tuesday, April 14, 1998, commencing at 7:00 p.m., central time.
The following members of the City Council were present:
Mayor Schaaf, Councilmembers Beaudet, Robert, Turnquist, and Swenson
And the following were absent:
None
Councilmember Turnquist introduced the following resolution and moved its adoption:
RESOLUTION 98 -04 -39
A RESOLUTION CALLING FOR PUBLIC HEARING
ON THE QUESTION OF ESTABLISHING AN ECONOMIC
DEVELOPMENT AUTHORITY FOR THE CITY
IT IS HEREBY RESOLVED, by the City Council of the City of Oak Park Heights,
Minnesota, as follows:
1. Recitals.
a. The City is authorized pursuant to Minnesota Statutes, Sections 469.090
through 469.108, to establish an Economic Development Authority for the City.
b. The Council desires to initiate the process for considering the establishment
of such an Economic Development Authority.
2. Public Hearing. The Council shall hold a public hearing on the question of
establishing for the City an Economic Development Authority, and the City Clerk is
hereby authorized and directed to cause notice of that public hearing, substantially in
the form attached to and made a part of this Resolution, to be published in the City's
official newspaper once a week for two consecutive weeks prior to the scheduled
public hearing date, with the first publication occurring no earlier than thirty (30)
days prior to the public hearing date.
Adopted by the City Council of the City of Oak Park Heights, Washington County, Minnesota on
April 14, 1998.
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
CITY CLERK'S CERTIFICATE
The undersigned, being the duly appointed and acting City Clerk of the City of Oak Park
Heights, Washington County, Minnesota, hereby certifies that the foregoing is a true and correct
extract of the minutes of a regular meeting of the City Council duly called and regularly held on
April 14, 1998, insofar as said extract relates to the adoption of a resolution calling a public
hearing on the question of establishing an Economic Development Authority for the City.
Councilmember Turnquist introduced said resolution and moved its adoption.
Councilmember Robert seconded said motion, and upon vote being taken thereon the following
Councilmembers voted in favor thereof:
Mayor Schaaf, Councilmembers Beaudet, Robert, Swenson, and Turnquist
And the following voted against the same:
None
Whereupon said resolution was declared duly adopted.
Witness my hand as City Clerk and the official seal of the City of Oak Park Heights,
Washington County, Minnesota this 16th day of April, 1998.
VN
Thomas M. Melena
City Administrator
•
RESOLUTION AUTHORIZING THE EXECUTION OF A
JOINT POWERS CONSORTIUM AGREEMENT
WHEREAS, pursuant to the Cranston - Gonzalez National Affordable Housing Act
of 1990 (the "Act "), geographically contiguous units of general local government may
form consortia for the purpose of applying for and receiving funding to assist in carrying
out a Consolidated Plan under the Act; and
WHEREAS, Minnesota Statutes, Section 471.59 (the "Joint Powers Act ")
provides that "two or more governmental units, by agreement entered into through
action of their governing bodies, may jointly or cooperatively exercise any powers
common to the contracting parties or any similar powers...." and "the Board of County
Commissioners of any County may by Resolution enter into agreements with any other
governmental unit to perform on behalf of that unit any service or function which that
unit would be authorized to provide for itself; and
WHEREAS, Anoka County, Dakota County, Ramsey County and Washington
County (the "Joint Parties ") are geographically contiguous units of general local
• government within the meaning of the Act and together with the Housing and
Redevelopment Authorities, Economic Development Authorities or other local entities,
each have the power to carry out the Programs provided for by the Act; and
WHEREAS, there has been presented to this Board a form of Joint Powers
Consortium Agreement among the Joint Parties, pursuant to which the Joint Parties
will, among other things, develop and carry out a housing assistance strategy and
apply for and expend such Federal assistance as may be available under the Act to
consortia,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
( "the Board ") OF oAK PARK HFTc;HTS , MINNESOTA (the "Community ") AS
FOLLOWS:
1. The Board hereby finds and determines that it is in the best interests of
the Community that the Community enter into the Joint Powers Consortium Agreement.
2. The Board hereby appoints the Washington County Housing and
Redevelopment Authority and its designees to administer the HOME Program and to
represent Washington County on the Joint Operating Committee of the Joint Powers
Consortium.
•
Dated this 24th day of MARCH 1998.
(seal) WASHINGTON COUNTY
Communi of OAK PARK HE GHTS
BY:
David D. Schaaf
ITS: MAYOR
t
Thomas M. Melena
ITS: ( - . TTY OMTNT.TPMP
APPROVED AS TO FORM:
Assistant County Attorney
Execution Page of Washington County for the
Joint Powers Consortium Agreement
with
The Cooperating Counties of Anoka, Dakota,
Ramsey, and Washington
•
RESOLUTION 98 -03 -30
RESOLUTION ORDERING NEAL AVENUE /58TH
STREET INTERSECTION IMPROVEMENTS OF 1998
WHEREAS, after due call and Notice of Public Hearing on the construction of the
Neal Avenue /58th Street Intersection Improvements of 1998 for the City of Oak Park Heights,
Minnesota, hearing on said improvements was duly held and Council heard all persons
desiring to be heard on the matter and fully considered same.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park
Heights, Washington County, Minnesota as follows:
1. As advisable, expedient, and necessary that said improvements as described in
the Notice of Hearing thereon be constructed, and the dsame are hereby ordered made.
2. The improvements described in said Notice of hearing are hereby designated
and shall be known as Neal Avenue /58th Street Intersection Improvements of 1998.
3. The consulting engineers, Bonestroo, Rosene, Anderlik, and Associates, are
hereby directed to prepare final plans and specifications for said improvements.
4. The City Council shall let the contract for all or part of hte work for said
improvements or order al or part of the work done by Labor Day or otherwise authorized by
Minnesota Statutes, Section 429.041, Subd. 2, within one (1) year of the date of this
resolution ordering said improvements.
Passed by the City Council for the City of Oak Park Heights, Washington County, this 24th
day of March, 1998.
CITY OF O K PARK HEI TS
David D. Schaaf V
Attest: Mayor
Thomas M. Melena
City Administrator
• CERTIFICATE OF MAILING OF NOTICE
ON HEARING ON IMPROVEMENT
The undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, does
1998 (bein g
on the da y of Y �,
hereby certify that 1 1 rt, Y �
ten days or more before the hearing on said improvement), he gave
mailed Notice of Hearing (a true and correct copy of which is
attached hereto as Exhibit A) of the following described
improvement, to -wit:
Street, traffic signal, and related improvements within
the City of Oak Park Heights as described in and in
accordance with the preliminary plans and report prepared
by Bonestroo, Rosene, Anderlik and Associates, the City's
consulting engineers
to the owners of each parcel of land within the area proposed to be
assessed.
For the purpose of giving such mailed notice, the
undersigned secured the names of the property owners within the
area proposed to be assessed from the records of the County
Auditor /Treasurer or County Treasurer. Mailed notice of the
hearing on said improvement was also given on the same date to the
following property owners within the area proposed to be assessed
whose names are not listed on the records of the County Auditor or
County Treasurer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
WITNESS my hand and the seal of said City this 27th day
of Marc 1998.
(Seal) Thomas Melena
City Administrator
•
NOTICE OF HEARING ON IMPROVEMENTS FOR
NEAL AVENUE /58TH STREET INTERSECTION
IMPROVEMENTS OF 1998 PROJECT
TO WHOM IT MAY CONCERN:
TIME AND PLACE Notice is hereby given that the
GENERAL NATURE OF City Council of the City of Oak Park
IMPROVEMENTS: Heights, Minnesota, will meet in the City
Hall in the City of Oak Park Heights,
Minnesota, on the 24th day of March,
1998, at 7:00 o'clock p.m. to consider
the construction of the following
improvements, to -wit: the Neal
Avenue /58th Street Intersection
Improvements of 1998 consisting of
installation of road and street
intersection improvements traffic
control /semaphores.
NATURE OF IMPROVEMENTS: The construction of street improvements
and construction of traffic
control/ semaphores, center islands, and
turning lanes.
ESTIMATED COST: The total estimated cost of said
improvement is $485,000.00.
• AREA PROPOSED TO The area proposed to be assessed consists
BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows: All
of that real property described as
follows: All that area within the City
of Oak Park Heights south of Trunk
Highway 36; West of Krueger Lane; North
of the south boundary of the City and
east of Trunk Highway 5.
AUTHORITY: The Council proposes to proceed under the
authority granted by Chapter 429 M.S.A.
Such persons as desire to be heard with reference to the proposed
improvements will be heard at this meeting. Written or oral
objections will be considered.
DATED: March 10 1998.
BY ORDER OF THE CITY COUNCIL
/s/ Thomas Melena
Thomas Melena
City Administrator
•
EXHIBIT "A"
E. .
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF OAK PARK
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
MEETING HELD: March 24, 1998
Pursuant to due call and notice thereof, a special
meeting of the City Council for the City of Oak Park Heights,
Washington County, Minnesota was duly held at the City Municipal
Building within said City on the 24th day of March, 1998, at 7:00
o'clock p.m.
The following members were present:
Mayor David Schaaf - Councilmember Jerry Turnquist
Councilmember David Beaudet Councilmember Mark Swenson
The following members were absent:
Councilmember Janet Robert
The meeting was held pursuant to a Resolution adopted
March 10. 1998 calling a public hearing on the proposed 1998
street improvement project within said City, as more particularly
described in the Notice of Public Hearing ordered at said meeting,
a copy of which is annexed hereto. The City Administrator
presented the Affidavit showing due and proper publication and
mailing of the Notices of Hearing and the Mayor announced that the
Council would hear all persons who cared to be heard for or against
the improvements as outlined within the Notice of Hearing. All
persons present were afforded an opportunity to present their views
and objections to the making of said improvements, and no
objections were presented except as follows:
Name of Objector Pronerty Objection
None
•
Member Swenson introduced the following
Resolution and moved its adoption:
RESOLUTION NO. 98 -03 - 30
CITY OF OAK PARK HEIGHTS
RESOLUTION ORDERING NEAL AVENUE /58TH
STREET INTERSECTION IMPROVEMENTS OF 1998
WHEREAS, after due call and Notice of Public Hearing on
the construction of the Neal Avenue /58th Street Intersection
Improvements of 1998 for the City of Oak Park Heights, Minnesota,
hearing on said improvements was duly held and Council heard all
persons desiring to be heard on the matter and fully considered
same.
NOW, THEREFORE, BE IT RESOLVED by the City Council for
the City of Oak Park Heights, Washington County, Minnesota as
follows:
1. As advisable, expedient and necessary that said
improvements as described in the Notice of Hearing thereon be
constructed, and the same are hereby ordered made.
2. The improvements described in said Notice of Hearing
are hereby designated and shall be known as Neal Avenue /58th Street
Intersection Improvements of 1998.
3. The consulting engineers, Bonestroo, Rosene,
Anderlik and Associates, are hereby directed to prepare final plans
and specifications for said improvements.
4. The City Council shall let the contract for all or
part of the work for said improvements or order all or part of the
work done by day labor or otherwise as authorized by Minnesota
Statutes, Section 429.041, Subd. 2, wthin one (1) year of the date
of this resolution ordering said improvements.
The Motion for the adoption of the foregoing resolution
was duly seconded by Member 'R,a„fjpt and upon a vote
being taken thereon, the following voted in favor thereof:
Mayor Schaaf Councilmember David Beaudet
Councilmember Mark Swenson Councilmember Jerry Turnquist
And the following voted against the same:
• - Whereupon said Resolution was declared duly passed and
adopted.
I
A
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that
the same is a full, true and complete transcript of the minutes of
the special meeting of the City Council of said City, duly called
and held on the date therein indicated insofar as such minutes of
the special meeting of the City Council of said City, duly called
and held on the date therein indicated insofar as such minutes
relates to the resolution of the City of Oak Park Heights
authorizing the order for the Neal Avenue /58th Street Intersection
Improvement of 1998 Project.
WITNESS my hand and the seal of said City this 24 day of
March 1998.
Thomas Melena
(SEAL) City Administrator
CERTIFICATION OF RESOLUTION
• Municipality: City of Oak Park Heights
Governing Body: City Council
Meeting: A meeting of the City Council of the City of Oak Park Heights
was held on the _ 2 4 day of March 1 9 , ate : oo p.m. at the
offices of the City of Oak Park Heights.
Council Members
Present:
Council Members
Absent:
Documents: A copy of a Resolution adopted by the City Council of the City of
Oak Park Heights at said meeting. Resolution No. 98-03 -29
Melena
CERTIFICATION: I, TomVe+efcte, Administrator of the City of Oak Park Heights,
do hereby Certify the following:
Attached hereto is a true and correct copy of a Resolution on file
and of record in the offices of the City of Oak Park Heights, which
Resolution was adopted by the City Council at the meeting
referred to above. Said meeting was a regular meeting of the City
Council, was open to the public, and was held at the time set forth
in the notices of such meeting. Council member T urnquisrnoved the
adoption of the attached Resolution. The motion was seconded by
Council memberSwenson . A vote being taken on the motion,
the following voted in favor of the Resolution:
and the following voted against the Resolution:
Whereupon said Resolution was declared duly passed and
adopted. The attached Resolution is in full force and effect and no
action has been taken by the Council members of the City of Oak
Park Heights would in any way alter or amend the Resolution:
Witness my hand officially as the Clerk of the City of Oak Park
Heights, Minnesota, this 1 5 - u6ay of S C� , 19 .
(seal)
Tom M. Melena, City Administrator
• RESOLUTION 98 -03 -28
RESOLUTION AUTHORIZING THE INSTALLATION OF
STOP SIGNS AT OSMAN AVENUE NORTH AT 57TH
STREET AND OSMAN AVENUE NORTH AT UPPER 56TH
STREET IN THE CITY OF OAK PARK HEIGHTS
WHEREAS, the City understands the safety issues associated with increased
traffic in residential neighborhoods; and,
WHEREAS, the City Council and the Police Department feel that installing stop
signs could mitigate this issue.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak
Park Heights, Washington County, Minnesota as follows:
That the City install two stop signs, one at northbound Osman Avenue North at 57th
Street North and one at southbound Osman Avenue North at Upper 56th Street.
Passed by the City Council for the City of Oak Park Heights, Washington County, this
24th day of March, 1998.
CITY OF OAK PARK HEIGHTS
David D. Schaaf
Attest: Mayor
r�
Thomas M. Melena
City Administrator
•
RESOLUTION NO. 98- 03 -27
CITY OF OAK PARR HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE CITY ATTORNEY
TO OBTAIN APPRAISALS IN ANTICIPATION OF
LAND ACQUISITION FOR 58TH STREET
WHEREAS, the City of Oak Park Heights City Council has
determined its desire to obtain necessary right -of -way and begin
construction of 58th Street west of Oakgreen Avenue within calendar
year 1998; and,
WHEREAS, there is still unacquired right -of -way necessary
to the project to be obtained; and,
WHEREAS, the City Attorney recommends the preparation of
an appraisal to determine the value of lands necessary for
acquisition affecting said project.
• NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights as follows:
1. That the offices of the City Attorney are herewith
authorized and directed to obtain appropriate appraisals as may be
necessary for lands to be acquired necessary to the acquisition and
construction of 58th Street located west of Oakgreen Avenue within
the City of Oak Park Heights.
Passed by the City Council for the City of Oak Park
Heights this 24th day of March, 199
N ;9
David Schaaf, Mayor
ATTEST:
Thomas Melena
City Administrator
•
• RESOLUTION 98 -03 -26
RESOLUTION DESIGNATING CITY HALL IMPROVEMENTS
TO BE FUNDED FROM THE CAPITAL REVOLVING FUND
WHEREAS, the City has authorized improvements to the City Halls; and,
WHEREAS, new equipment and furniture has been and will be ordered to
increase productivity and efficiency; and,
WHEREAS, roof repairs will also be made on City Hall, and;
WHEREAS, these expenditures need to be allocated from a particular fund.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak
Park Heights, Washington County, Minnesota as follows:
That the expenditures for the City Hall improvements authorized by the City
• Council shall be taken from the Capital Revolving Fund.
Passed by the City Council for the City of Oak Park Heights, Washington County, on this
24th day of March, 1998.
CITY OF O K PARK HEIGHTS
David D. Schaaf
Attest: Mayor
Thomas M. Melena
City Administrator
•
• RESOLUTION 98 -03 -25
RESOLUTION INCREASING CITY
MILEAGE REIMBURSEMENT POLICY
WHEREAS, the City mileage reimbursement policy has been $0.29 /mile for
several years; and,
WHEREAS, the City Council has acknowledged the need for an increase in the
mileage reimbursement.
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 increased to $0.32.5 per
mile.
Passed by the City Council for the City of Oak Park Heights on this 24th day of March,
• 1998.
CITY OF O K PARK HEIGHTS
David D. Schaaf
Attest: Mayor
Thomas M. Melena
City Administrator
i
_ I
1
EXTRACT OF MINUTES OF MEETING OF THE OAK PARK
CITY COUN
WASHINGTON COUNTY, MINNESOTA
HEIGHTS, �
MEETING HELD: March 10, 1998
Pursuant to due call and notice thereof, a regular
meeting of the City Council for the City of Oak Park Heights,
was duly called and held at Municipal 7 o Building lock . within said City
on the 10th day of Ma
The following members were present:
Mayor Schaaf, Councilmember Beaudet, Councilmember
Robert, Councilmember Swenson, Councilmember Turnquist i
The following members were absent:
None.
Member Turnauis introduced the following
resolution and moved its adoption.
RESOLUTION 1999- 03 -
A RESOLUTION RECEIVING PRELIMINARY REPORT
AND CALLING FOR E P'UH E LIT I ���p R O�� HEAL
AVENUE /58TH STREET INT ENTS OF 1998 .
I
WHEREAS, the City Council k de ems Heights, necess
exp that the City of Oak Pa He g i
Minnesota construct certain improvements to -wit:
Street, traffic signal, and related improvements within I
the City of Oak Park Heights as described in and in
accordance with the preliminary plans and report prepared
by Bonestroo, Rosene, Anderlik and Associates, the City's
consulting engineers; I
and,
WHEREAS, the City Council has been advised by the
consulting engineers that said Neal Avenue /58th Street improvements
of 1998 are feasible and should beet be made as proposed, and the
consulting engineer's report to this effect as heretofore been
received by the Council, and is filed with the City Administrator;
• and,
.
provides that no such i WHEREAS, the statute pro improvement
shall be made until the Council shall have held a public hearing on
such improvements following mailed notice and two publications
thereof in the official newspaper stating the time and place of the i
hearing, the general nature of the improvement, the estimated cost i
thereof, and the area proposed to be assessed, in accordance with
law.
NOW, THEREFORE BE TT RESOLVED by the City Council for the
City of Oak Park Heights, Washington County, Minnesota as follows: i
1. That a public hearing shall be held at the time and
place set forth in the Notice of Hearing attached hereto as Exhibit
"A" to consider said proposed improvements.
2. The nature of the improvements, the estimated cost
of each major portion thereof, and the areas proposed to be
assessed therefore are described in the form of Notice of Hearing
hereto attached.
3. The Notice of said Public Hearing shall be in
substantially the form contained in the Notice hereto attached.
4. The City Clerk is hereby authorized and directed to
cause notice of said hearing to be given in two publications in the
official newspaper. Said publications shall be at least one week
apart and at least three days shall elapse between the last date of
publication and the hearing. Not less than ten days before the
Hearing, the Clerk shall mail Notice of the Hearing to the owner of
each parcel of land within the area proposed to be assessed as
described in the Notice. For the purpose of giving such mailed
notice, owners shall be those as to be shone on the records of the
County Auditor /Treasurer or, if the tax statements of the County
are mailed by the County Treasurer, on the records in the County
Treasurer. As to properties not listed on the records of the
County Auditor /Treasurer or County Treasurer, the Clerk shall j
ascertain such ownership by any practical means and give mailed
notice to such owners. j
The Motion for the adoption of the foregoing Resolution I
was duly seconded by Member Swensc and upon a voice vote
being taken thereon, the following vote is in favor thereof:
Mayor Schaaf, Councilmember Beaudet, Councilmember
Robert, Councilmember Swenson, Councilmember Turnquist
The following voted against same:
None.
I
I
• Where upon said Resolution was declared passed and
adopted.
i
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss•
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY i
CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that
the same is a full, true and complete transcript of the minutes of
a meeting of the City Council of said City, duly called and held on
the date therein indicated insofar as such minutes of a meeting of
• the City Council of said City, duly called and held on the date
therein indicated insofar as such minutes relate to the ordering
and directing preparation of final plans and specifications of the
Neal Avenue /58th Street Intersection Improvements of 1998 in said
I
City.
WITNESS my hand and the seal of said City this lot liaay of
March, 1998.
Thomas Melena
(SEAL) City Administrator
I
• RESOLUTION 98 -03 -23
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENTS FOR BIDS
AFFECTING NEAL AVENUE /58TH STREET INTERSECTION
IMPROVEMENTS OF 1998 PROJECT
WHEREAS, the consulting engineers for the City have prepared final plans and
specifications for the construction of the Neal Avenue /58th Street Intersection Improvements of
1998 Project within the City and such plans and specifications have been presented to the
Council for approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak
Park Heights, Washington County, Minnesota as follows:
1. Such plans and specifications are hereby approved and ordered placed on file in
the office of the City Administrator.
2. The City Administrator shall prepare and cause to be inserted in the official
publication of the City of Oak Park Heights and in the Construction Bulletin as advertisement for
bids upon the making of such improvements under such approved plans and specifications.
i The advertisement shall be published in each of said publications at least once not less
than ten (10) days before the date set for the opening bids, shall specify the work to be done,
shall state that the bids will be publicly opened on Thursday, April 23, 1998 at 11:00 o'clock
a.m. at the municipal building withing said City and that no bids will be considered unless sealed
and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid
bond, or certified check payable to the City of Oak Park Heights for five (5 %) percent of the
amount of such bid.
CITY OF O K PARK HEIGHTS
David D. Schaaf
Attest: Mayor
f
r
Thomas M. Melena
City Administrator
r
• EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF OAK PARK
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
MEETING HELD: March 10, 1998
Pursuant to due call and notice thereof, a regular
meeting of the City Council for the City of Oak Park Heights,
Washington County, Minnesota was duly held at the City within said
City on the 10th day of March, 1998, at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf
Councilmember Beaudet, Robert, Swenson, and Turnquist
The following members were absent:
None
Member Tiirn9iii cr introduced the following
• resolution and moved its adoption.
RESOLUTION NO. 98- 01_21
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENTS FOR BIDS
AFFECTING NEAL AVENUE /58TH INTERSECTION
IMPROVEMENTS OF 1998 PROJECT
WHEREAS, the consulting engineers for the City have
prepared final plans and specifications for the construction of the
Neal Avenue /58th Street Intersection Improvements of 1998 Project
within the City and such plans and specifications have been
presented to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council for
the City of Oak Park Heights, Washington County, Minnesota as
follows:
1. Such plans and specifications are hereby approved
and ordered placed on file in the Office of the City Administrator.
2. The City Administrator shall prepare and cause to be
inserted in the official publication of the City of Oak Park
• Heights and in the Construction Bulletin an advertisement for bids
• upon the making of such improvements under such approved plans and
specifications.
The advertisement shall be published in each of said
publications at least once not less than 10 days before the date
set for the opening bids, shall specify the work to be done, shall
state that the bids will be publicly opened on Th„rsriny- 4nr� it ? a, 1998
at 11:00 o'clock a.m. at the municipal building within said City
and that no bids will be considered unless sealed and filed with
the City Administrator and accompanied by a cash deposit, cashier's
check, bid, bond or certified check payable to the City of Oak Park
Heights for 5_ o of the amount of such bid.
The motion for the adoption of the foregoing Resolution
was duly seconded by Member swPnenn , and upon a vote
being taken thereon, the following voted in favor thereof:
Mayor Schaaf
Councilmembers Beaudet, Robert, Swenson, and Turnquist
The following voted against same:
None
• Where upon said Resolution was declared passed and
adopted.
•
i
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that
the same is a full, true and complete transcript of the minutes of
a meeting of the City Council of said City, duly called and held on
the date therein indicated insofar as such minutes of a meeting of
the City Council of said City, duly called and held on the date
therein indicated insofar as such minutes relate to the ordering
and directing preparation of final plans and specifications of the
Neal Avenue /58th Street Intersection Improvements of 1998 in said
• City.
WITNESS my hand and the seal of said City this 10 day of
March 1998.
R
Thomas Melena
(SEAL) City Administrator
n ,t
CITY OF
Ilk OAK PARK HEIGHTS
14168 N. 57th Street • Box 2007 •Oak Park Heights, MN 55082 • Phone: (612) 439 -4439 • FAX 439 -0574
NOTICE OF HEARING ON IMPROVEMENTS
FOR NEAL AVENUE /58TH STREET
INTERSECTION IMPROVEMENTS OF 1998 PROJECT
TO WHOM IT MAY CONCERN:
TIME AND PLACE Notice is hereby given that the City Council of the City of
GENERAL NATURE OF Oak Park Heights, Minnesota, will meet in the City Hall in
IMPROVEMENTS the City of Oak Park Heights, Minnesota, on the 24th day of
March, 1998, at 7:30 p.m. to consider the construction of the
following improvements, to -wit: the Neal Avenue /58th Street
Intersection Improvements of 1998 consisting of installation
of road and street intersection improvements traffic
controlLsemaphores.
• NATURE OF IMPROVEMENTS The construction of street improvements and construction of
traffic control/semaphores, center islands, and turning lanes.
ESTIMATED COST The total estimated cost of said improvements is
$485,000.00.
AREA PROPOSED TO BE The area proposed to be assessed consists of every lot,
ASSESSED piece or parcel of land benefitted by said improvement,
which has been ordered made and is as follows: All of that
area within the City of Oak Park Heights south of Trunk
Highway 36; West of Krueger Lane; North of the south
boundary of the City and east of Trunk Highway 5.
AUTHORITY: The Council proposes to proceed under the authority granted
by Chapter 429 M.S.A.
Such persons as desire to be heard with reference to the proposed improvements will be heard at
this meeting. Written or oral objections will be considered.
DATED: March 11, 1998
BY ORDER OF THE CITY COUNCIL
. Thomas M. Melena
City Administrator
Tree City U.S.A.
• RESOLUTION 98 -03 -22
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING CONSULTANT DAVID
HOZZA TO COMPLETE LOBBYING FOR THE PERRO
CREEK STORM POND RECONSTRUCTION FUNDING
WHEREAS, the City of Oak Park Heights, in conjunction with the City of Bayport and
the Middle St. Croix Valley Water Management Organization, has engaged in the lobbying effort
at the state legislature to secure funds for the Perro Creek Storm Pond Reconstruction Project;
and,
WHEREAS, the City's consultant has advised that additional time will be required
within the legislature to attempt to secure funding for the Perro Creek Storm Pond
Reconstruction Project; and,
WHEREAS, considerable effort has been engaged by the City of Oak Park Heights to
secure this funding and it is necessary to complete the work within the legislature so as to secure
funding as it affects the project.
• NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak
Park Heights as follows:
1. That Mr. David Hozza is herewith authorized to complete work within the state
legislature on lobbying to include the Perro Creek Storm Water Project within the corrections
bonding bill.
Passed by the City Council for the City of Oak Park Heights this 10th day of March,
1998.
Attest David D. Schaaf
y Mayor
VX\
Thomas M. Melena
City Administrator
•
• RESOLUTION 98 -03 -21
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RENAMING A PORTION OF OSMAN
AVENUE WITHIN THE PLAT OF VALLEY VIEW ESTATES
WHEREAS, within the recorded plat of Valley View Estates, there is a designation of
Osman Avenue located south of 57th Street and intersecting 56th Street North within said plat;
and,
WHEREAS, the Building Department of the City of Oak Park Heights and the
construction of homes affecting a portion of Osman Avenue has addressed and designated said
homes as being on 56th Street North; and,
WHEREAS, said homeowners desire to have their address formally recognized as Upper
56th Street; and,
WHEREAS, the properties affected by the redesignation are legally described as Lots 6
through 14, Block 1, Valley View Estates 3rd Addition.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park
Heights as follows:
1. That those homes and properties designated and legally described as Lots 6 through 14,
Block 1, Valley View Estates 3rd Addition shall have their addresses denominated as being on
Upper 56th Street.
2. That the former designation within the plat showing said cul -de -sac area as being
Osman Avenue shall be corrected on the official city records of the City of Oak Park Heights.
3. That the portion of what was formally designated as Osman Avenue south of the south
right -of -way of Upper 56th Street North shall be and the same be redesignated and renamed as
Upper 56th Street North, affecting Lots 6 through 14, Block 1, Valley View Estates 3rd Addition.
Passed by the City Council for the City of Oak Park Heights this 10th day of March, 1998.
Attest:
David D. Schaaf
Mayor
is Thomas M. Melena
City Administrator
RESOLUTION 98 -03 -20
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REDESIGNATING CITY STREETS
IN VALLEY VIEW ESTATES AS LOCATED
BETWEEN 57TH AND 58TH STREETS
WHEREAS, Valley View Estates has been duly platted within the City of Oak Park
Heights, with the official plat being filed in the office of the County Recorder; and,
WHEREAS, that portion of the street located between 57th and 58th Streets within said
plat is designated as Ozark Avenue North, but in issuance of building permits, has been assigned
addresses at 57th Street for purposes of house numbering; and,
WHEREAS, the redesignation of said properties as Ozark Avenue as properly
denominated within the plat would unduly create hardship for the residents affected thereby and
cause confusion in the providing of essential services to the properties; and,
WHEREAS, the residents support the redesignation of Ozark Avenue within the plat of
Valley View Estates as 57th Street; and,
WHEREAS, the City Council deems it appropriate to redesignate Ozark Avenue within
the plat of Valley View Estates as 57th Street.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak
Park Heights as follows:
1. That that portion of Ozark Avenue lying between 57th and 58th Streets within the plat
of Valley View Estates shall be designated and recorded as 57th Street. That the designation of
57th Street shall extend as far north to the residence addressed currently as 14945 57th Street
North. Further, that 58th Street will continue south to the 8 -plex unit addressed at 14891 58th
Street North.
Passed by the City Council for the City of Oak Park Heights this 10th day of March,
1998.
David D. Schaaf
Mayor
Thomas M. Melena
City Administrator
• RESOLUTION 98 -03 -19
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING THE PERMITTED
USE OF THE COVER PARK WARMING HOUSE
BY THE OAK PARK HEIGHTS GARDEN COMMITTEE
FOR GREENHOUSE PURPOSES
WHEREAS, the Garden Committee for the City of Oak Park Heights has requested use
of the Cover Park warming house to be used as a greenhouse for their spring activities; and,
WHEREAS, the Department of Public Works has reviewed the request and determined
that the same does not impair the other public uses of the facility; and,
WHEREAS, the proposed use of the Garden Committee would be beneficial to the
completion of its mission and purpose.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak
Park Heights as follows:
• 1. That the Garden Committee for the City of Oak Park Heights shall be allowed to use
the Cover Park warming house as a greenhouse facility in the spring of 1998.
2. That the Department of Public Works shall take the necessary steps to make the
facility ready for use by the Garden Committee.
Passed by the City Council for the City of Oak Park Heights this 10th day of March,
1998.
Attest:
David D. Schaaf
Mayor
Thomas M. Me1_ena
City Administrator
RESOLUTION 98 -03 -18
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING OAK PARK
HEIGHTS POLICE DEPARTMENT TO CONDUCT A
SAFETY CAMP WITH BAYPORT POLICE
WHEREAS, the Police Chief for the City of Oak Park Heights has conducted a safety
camp for Oak Park Heights children in previous years; and,
WHEREAS, the City of Bayport also conducts a safety camp for local children; and,
WHEREAS, the City Council for the City of Oak Park Heights supports these camps;
and,
WHEREAS, the Bayport and Oak Park Heights Police Departments have proposed to
conduct a yearly safety camp together.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF OAK PARK HEIGHTS AS FOLLOWS:
That the City Council approves the joint safety camp between the Bayport and Oak Park
Heights Police Departments.
Passed by the City Council of the City of Oak Park Heights this 10th day of March, 1998.
'4- IfJ: /-4z/
�) David D. Schaaf
Mayor
Thomas Melena
City Administrator
• CITY OF OAK PARK HEIGHTS
RESOLUTION 98 -03 -17
A RESOLUTION APPOINTING AN ECONOMIC DEVELOPMENT
CONSULTANT FOR THE CITY OF OAK PARK HEIGHTS IN 1998
BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK
HEIGHTS AS FOLLOWS:
That the City Economic Development Consultant for 1998 be
Mark Liferman at a cost of $40.00 per hour for up to twenty
hours per week.
Passed by the City Council of Oak Park Heights this 10th day
of March, 1998.
"'O - , 4 2 Z
David Schaaf, Ma*4r
ATTEST:
Thomas Melena
City Administrator
RESOLUTION 98 -02 -16
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION GRANTING THE APPLICATION OF
WHITETAILS UNLIMITED, INC. TO CONDUCT A ONE -DAY
RAFFLE AT THE VFW CLUB #323 ON MARCH 28, 1998
WHEREAS, Patrick Toronto, on behalf on Whitetails Unlimited, Inc.
has applied with the State of Minnesota Gambling Control Board
for a permit to conduct a one -day raffle on March 28, 1998 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 as 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 March 28, 1998 at the site of 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 Parks Heights this 24th day of
February, 1998.
Z4 2 m .
David D. Schaaf
ATTEST: Mayor
Thomas Melena
City Administrator
•
RESOLUTION 98 -02 -15
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, 1998
WHEREAS, Mike Dvorak, on behalf on 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, 1998 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 as 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, 1998 at the site of 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 Parks Heights this 24th day of
February, 1998.
_Dav'A D. cha
ATTEST: Mayor IL
Thomas Melena
City Administrator
•
STATE OF MINNESOTA
GRANT CONTRACT FOR
OPERATION NIGHTCAP PROGRAM
RESOLUTION 98 -02 -14
RESOLUTION AUTHORIZING EXECUTION OF GRANT CONTRACT
Be it resolved that City of Oak Park Heights
(Name of Organization /Local Unit of Government)
enters into a Grant Contract with the Minnesota Department of Public Safety, State Patrol
Division for the program entitled Operation NightCAP.
Chief Lindy Swanson is hereby authorized to execute and sign
(Name and Title of Authorized Official)
such Grant Contracts, and amendments thereto, as are necessary to implement the program on
behalf of City of Oak Park Heights
(Name of Organization /Local Unit of Government)
I certify that the above resolution was adopted by the City Council
(Executive Body)
of City of Oak Park Heights on February 10, 1998
(Name of Organization /Local Unit of Government) (Date)
SIGNED: 404.1 WITNE SETH: (jp '&
4 Signature Signore I
Mayor Interim Administrator
Title Title
February 10, 1998 February 10, 1998
Date Date
I
R
ti
• /
RESOLUTION NO. 98- 02 -13
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION SUPPORTING THE RENEWAL
OF THE ALLEN S. KING GENERATING PLANT
AIR EMISSION PERMIT
WHEREAS, the Minnesota Pollution Control Agency has been
conducting a review pursuant to regulation as it affects the
issuance of a permit to the Allen S. King Generating Plant Air
Emissions; and,
WHEREAS, the Minnesota Pollution Control Agency did
extend the public comment period to February 9, 1998 as a part of
said permit process; and,
WHEREAS, meetings for public input have been held and
locally broadcast over local cable networks with the support of the
Minnesota Pollution Control Agency, Northern States Power, the
North American Water Office, and environmental groups; and,
• WHEREAS, fly ash containing levels of mercury and lead
are stored in a landfill within the City of Oak Park Heights; and,
WHEREAS, coal dust has blown into the river with the
unloading of coal in winter from coal cars delivered by rail, which
is a form of pollution which has not occurred in the past with
barge and coal pile storage methods; and,
WHEREAS, the Minnesota Pollution Control Agency will
empower an advisory board to report to the Commissioner of the
Minnesota Pollution Control Agency on the disposition of the
manufactured gas plant waste. This board, on which the City of Oak
Park Heights shall have representation, must approve all of the
manufacturing gas plant waste that will be burned at the Allen S.
King Generating Plant over the next five years of the issued
permit. The purpose of the board is to review all disposal methods
on the site by site basis and to advise as to the method of
disposal least harmful to the environment, which may result in
material with high mercury and lead levels being stored in MPCA
approved landfills; and,
WHEREAS, given the regulatory mechanisms in place with
the Minnesota Pollution Control Agency and the information received
at the public hearings and during the public comment.
• NOW, THEREFORE, BE IT RESOLVED, by the City Council for
. the City of Oak Park Heights as follows:
That the City is hereby resolved to support the renewal
of the Allen S. King Generating Plant Air Emission Permit under the
supervision of the Minnesota Pollution Control Agency.
BE IT FURTHER RESOLVED, that no manufacturing gas plant
waste will be burned at the Northern States Power /Allen S. King
Generating Plant unless approved by the Minnesota Pollution Control
advisory board and the Minnesota Pollution Control Agency
Commissioner.
BE IT FURTHER RESOLVED, that in order to renew the air
emission permit, Northern States Power and the Allen S. King
Generating Plant in the year 2003, Northern States Power and the
Minnesota Pollution Control Agency are to present to the City
Council for the City of Oak Park Heights all then current
technologies, cost options, and funding options to remove all heavy
metals from air emission generated from the plant and outlying cost
options related thereto.
BE IT FURTHER RESOLVED, that in order to renew the air
emission permit for the Northern States Power /Allen S. King
Generating Plant in the year 2003, Northern States Power and the
Minnesota Pollution Control Agency are to present to the City
• Council for the City of Oak Park Heights all the then current
technologies, cost options, and funding options to remove all heavy
metals from the fly ash generated from the plant.
BE IT FURTHER RESOLVED, that the City Council for the
City of Oak Park Heights expresses its gratitude and thanks to the
Minnesota Pollution Control Agency for extending the public comment
period to February 9, 1998 and in participating in studying an
additional mercury health risk in King Plant permit public
meetings. The City further expresses its gratitude to the
Minnesota Pollution Control Agency, Northern States Power, North
American Water Office, and environmental groups for supporting the
local broadcasting of these meetings that have been held to inform
the public on the issues presented.
Passed by the City Council for the City o Oak Park
Heights this 10th day of February, 1998.
z David Schaaf, Mayor
V
AT T : p
Gil
Ju Hoys t
• In erirff City Administrator
• RESOLUTION NO. 98--
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION TERMINATING THE CONDITIONAL USE PERMIT
OF A -1 MAINTENANCE
WHEREAS, the City Council of the City of Oak Park Heights
previously issued its order to Mr. John Nelson, the owner of A -1
Maintenance, who had been previously issued a Conditional Use
Permit in the City of Oak Park Heights, which order required him to
show causes as to why the Conditional Use Permit should not be
terminated for noncompliance with the original conditions imposed
by the City Council; and,
WHEREAS, Mr. Nelson made an appearance at the November
25, 1998 Council meeting; and,
WHEREAS, the City Council in the November 25, 1997
meeting imposed deadlines for Mr. Nelson to finish projects as
follows:
• 1. Fencing to be completed by January 15, 1998;
2. Submitting a parking lot plan to the City Engineer
for curb and gutter by May 1, 1998; and,
3. Parking lot to be completed by July 1, 1998; and
WHEREAS, the City Council has received a report from the
building official indicating the property is now being used for
unauthorized exterior storage and that the fencing that was ordered
to be completed on January 15, 1998 has not been done by the permit
holder; and,
WHEREAS, it appears to the City Council that the
Conditional Use Permit is in noncompliance and a good faith effort
has not been made by the permit holder to comply with the terms and
provisions of the Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for
the City of Oak Park Heights as follows:
1. That the Conditional Use Permit originally issued to
John A. Nelson, operating under A -1 Maintenance, Inc., shall be and
the same is hereby terminated and revoked effective July 2, 1998.
•
t
BE IT FURTHER RESOLVED, that Mr. Nelson of A -1
• Maintenance, Inc. may petition for re- instatement of said permit
prior to July 2, 1998 should he perform the following:
1. Demonstrate full compliance with the terms and
conditions of the original permit as issued and as clarified by the
Council order of November 25, 1997 requiring fencing to be
completed by January 15, 1998, submission of a parking lot plan to
the City Engineer for curb and gutter by May 1, 1998, and parking
lot completed by July 1, 1998; and
2. Demonstrating full compliance with the balance of
the terms and provisions contained within the ordinance of the City
of Oak Park Heights as it affects said property.
Passed by the City Council for the City of Oak Park
Heights this 10t hday of February, 998.
David Schaaf! Mayo
ATTEST:
Ju9W H st
IrKeri A City Administrator
•
RESOLUTION 98 -02 -11
CITY OF OAK PARR HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DESIGNATING THE CITY'S PARK
COMMISSION TO BE AND ACT AS THE CITY TREE
BOARD UNDER CITY ORDINANCE #1304
WHEREAS, the City Council for the City of Oak Park Heights
has established by Ordinance 1304 the creation of a City Tree
Board consisting of five members composed of citizens and
residnets of the City of Oak Park Heights who are appointed by
the Mayor with the advice and consent of the City Council; and,
WHEREAS, the purpose and duties of the City's Tree Board are
to study, investigate, counsel, develop, and /or update annually
and administer a written plan for the care, preservation,
pruning, planting, replanting, removal and disposition of trees
and shrubs in parks and along the streets and other public areas;
and,
WHEREAS, the City also maintains a commission known as the
Park Board with five members designated by the City Council,
whose tasks are to monitor and make recommendations to the City
Council with regard to the development and use of the City's
parks; and,
WHEREAS, the Park Commission is willing to take the time to
be educated on horticultural issues and work with an established
City Arborist; and,
WHEREAS, it is expeditious for the Council in apportioning
workload throughout the City to have the City's Park Commission
also function as the City's Tree Board.
NOW, THEREFORE, BE IT RESOLVED, By the City Council for the
City of Oak Park Heights as follows:
1. That the Park Commission of the City of Oak Park Heights
is hereby established and shall also serve in the capacity of the
Tree Board established under Ordinance 1304.
BE IT FURTHER RESOLVED, that this Resolution shall be
effective as of January 27, 1998.
Passed by the City Council of Oak Park Heights this 27th day of
January, 1998. .004".
Mayor
ATTEST: David D. Schaaf
wv-&r
• 4ivy IriHi i City Administrator
1st
CITY OF OAK PARK HEIGHTS
• RESOLUTION 98 -01 -10
A RESOLUTION SETTING THE BOARD OF REVIEW DATES
FOR THE CITY OF OAK PARK HEIGHTS IN 1998
BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK
HEIGHTS AS FOLLOWS:
1) The Board of Review dates for the City of Oak Park Heights
shall be April 7, 1998 at 5:00 p.m. at City Hall and April 21,
1998 at 5:00 p.m. at City Hall.
Passed by the City Council of Oak Park Heights this 27th day of
January, 1998.
X44
Mayor Q
ATTEST: David D. Schaaf
• Iioter4 City Administrator
Judy Holst
CITY OF OAK PARK HEIGHTS
. RESOLUTION 98 -01 -09
A RESOLUTION APPROVING THE APPLICATION
OF STILLWATER ST. CROIX VALLEY AMATEUR HOCKEY
ASSOCIATION FOR GAMBLING CONTROL BOARD
PREMISES PERMIT FOR OPERATION OF GAMBLING
ACTIVITIES WITHIN THE CITY OF OAK PARK HEIGHTS
WHEREAS, The Stillwater St. Croix Valley Amateur Hockey
Association has applied with the State of Minnesota Gambling
Control Board for a premises permit to operate a gambling
activity at the site of Stillwater Bowl, 5862 Omaha Avenue North,
within the City of Oak Park Heights; and,
WHEREAS, the application would be effective for calendar year
1998; and,
WHEREAS, the City of Oak Park Heights has reviewed the
application of the Stillwater St. Croix Valley Amateur Hockey
Association and finds that its purposes meet the necessary proceeds being dedicated to the supp ort of
community standards,
charitable activities within the St. Croix Valley; and,
WHEREAS, the City of Oak Park Heights has solicited the input of
the public and there have been no objections to the granting oofby
the renewal application for the premises permit as applied fr
the Stillwater St. Croix Valley Hockey Association with
the State of Minnesota Gambling Control Ho
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY
OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of the Stillwater St. Croix Valley Amateur
Hockey Association with the State of Minnesota Gambling Control
Board to operate gambling activities on the site of Stillwater
Bowl, 5862 Omaha Avenue North within the City of Oak Park Heights
for calendar year 1998 and the same are hereby app
Passed by the City Council of Oak Park Heig
s this 27th day of
January, 1998. 41r4d
Mayor
A st: David D. Schaaf
I er' City Administrator
40 dy Holst
• RESOLUTION 98 -01 -08
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION SUPPORTING THE EFFORTS OF SENATOR GARY LAIDIG
AND REPRESENTATIVE MARK HOLSTEN TO HAVE THE STATE
OF MINNESOTA FINANCE THE COST TO RECONSTRUCT THE STORM
SEWER SERVICING THE MINNESOTA CORRECTIONAL FACILITY AT
BAYPORT, MINNESOTA TO ALLEVIATE STORM WATER FLOODING
WITHIN PERRO CREEK AND THE CITY OF BAYPORT.
WHEREAS, the Minnesota Department of Corrections began
construction of the, then, Stillwater Prison in 1908, including
storm water control systems; and,
WHEREAS, the storm water system was extended outside the
prison walls, extending to the St. Croix River in 1918; and,
WHEREAS, portions of the storm water systems constructed as
part of the Minnesota Correctional Facility at Bayport have
failed, either inside or outside of the Prison walls, and now
result in flooding in various sections of the City of Bayport and
Andersen Windows lumber storage area; and,
• WHEREAS, the result and failure of the entire storm water
system will create flooding within the City of Bayport, especially
during the winter months; and,
WHEREAS, the original storm water system constructed for the
facilities of the Minnesota Correctional Facility at Bayport did
not anticipate the ultimate construction of all the impervious
surfaces now constructed at the location nor did it anticipate
capacity needs within the piping that was constructed exiting the
Minnesota Correctional Facility; and,
WHEREAS, the former steam heating systems were modified in
1984 when a new source of heating steam was installed from the
nearby Allen S. King Plant owned and operated by Northern States
Power within the City of Oak Park Heights; and,
WHEREAS, the Cities of Oak Park Heights, Bayport, Stillwater,
and Baytown Township have expended in excess of $27,000.00 on
engineering studies to determine the physical conditions of storm
water and storm sewer facilities which serve portions of the
Minnesota Correctional Facility at Bayport; and
WHEREAS, in order to eliminate the risk for flooding within
the City of Bayport, should an ultimate failure of the Prison
storm water system occur, it is necessary and expedient that the
State of Minnesota reconstruct its ponding and storm water
drainage facilities within the State Correctional Facility at
Bayport; and,
WHEREAS, such project would be necessary to be funded by the
State Legislature in 1998 for construction within the calendar
year of 1999.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the
City of Oak Park Heights as follows:
• 1. That the Minnesota Legislature is hereby encouraged to
allocate funds to replace the existing storm water drainage system
serving the Minnesota Correctional Facility at Bayport inclusive
of systems located on the property of the Minnesota Correctional
Facility and also pipes and tributary systems extended from the
property to the St. Croix River.
Passed by the City Council of Oak Park eights t s 3th day
of January, 1998.
Mayor /1
ATTEST: David D. Schaaf V
41iX/ C ity �aministrator
J dst
•
CITY OF OAK PARK HEIGHTS
RESOLUTION 98 -01 -07
• A RESOLUTION APPROVING THE FOLLOWING APPOINTMENTS
FOR THE CITY OF OAK PARK HEIGHTS FOR 1998
BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS
FOLLOWS:
The following are people are hereby appointed to the following offices.
Deputy Mayor Jerry Turnquist
Civil Defense Director Mark Swenson
Park Commission Liaison Janet Robert
Park Commission Alternate David Beaudet
Park Commission Appointment Margaret Schwartzbauer
Cable Commission Council Representative Jerry Turnquist
Cable Commission Citizen Representative
Cable Commission Alternate
Middle St. Croix /Brown's Creek/ David Beaudet
Valley Branch WMO
Co- Operation Committee Dave Schaaf
Janet Robert
Co- Operation Committee Alternate Jerry Turnquist
Co- Operation Committee Mike Dahl uist
Citizen Representative q
Washington County League of David Beaudet
Local Governments Liaison
Nuisance Mediation Committee Janet Robert
Lindy Swanson (Chief)
Nuisance Mediation Committee Scott Bol
Resident Liaison
Chamber of Commerce /SAEDC Liaison Dave Schaaf
Lower St. Croix River /Boundary Area David Beaudet
Planning Commission Liaison
Assistant Weed Inspector Rollie Staberg
Bargaining Unit Liaison Jerry Turnquist
Coalition of Utility Cities Liaison Jerry Turnquist
Coalition of Utility Cities Liaison Dave Schaaf
Alternate
Passed by the City Council of Oak Park Heights is h ay
January, 1998.
Mayor
ATTEST: David D. Schaaf
• I erjjh City Administrator
udy Y4olst
CITY OF OAK PARK HEIGHTS
• RESOLUTION 98 -01 -06
A RESOLUTION APPROVING ROIX VALLEY AMATEUR
OF STILLWATER HOCKEY
ASSOCIATION FOR GAMBLING CONTROL BOARD G FOR OPERATION OF GAMBLIN
ACTIVITIES WIT
PREMISES PERM N HE CITY OF OAK PARK HEIGHTS
WHEREAS, The Stillwater St. Croix Valley Amateur Hockey
Association has applied with the State of Minnesota Gambling
it tO
Control Board for a premises perm 15506 gambling
North59thSttree
activity at the site of Millroad Inn,
within the City of Oak Park Heights; and,
WHEREAS, the application would be effective for calendar year
1998; and,
WHEREAS, the City of Oak Park Heights has reviewed he Hockey
application of the Stillwater St. Croix Valley Amateur
Association and finds that its purposes meet the neceSsupport of
community standards, proceeds being d
charitable activities within the St. Croix Valley; 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
f the premises permit as applied for by
the renewal application for Amateur Hockey Association with
the Stillwater St. Croix Valley
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 Stillwater St. Croix Valley Amateur
Hockey Association with thac�ivities onntheositeaoflMil Control
lroad Inn,
Board to operate gambling of Oak Park Heights for
15506 Nort e a r91998 t and t the t same t C
are hereby approved.
calenda y
Passed by the City Council of Oak Park Heights this l ?th day of
January, 1998.
Mayor Q
David D. Schaaf
Att st:
I eriK City Administrator
• Judy L. Holst
CITY OF OAK PARK HEIGHTS
• RESOLUTION 98 -01 - 05
A RESOLUTION APPROVING THE APPLICATION OF
VETERANS OF FOREIGN WARS POST #323
FOR GAMBLING CONTROL BOARD PREMISES PERMIT FOR
OPERATION OF GAMBLING ACTIVITIES WITHIN THE
CITY OF OAK PARK HEIGHTS
WHEREAS, VFW Post 4323 has applied with the State of Minnesota
Gambling Control Board for a premises permit to operate a
gambling activity at the site of VFW Post #323, 5880 Omaha Avenue
North, within the City of Oak Park Heights; and,
WHEREAS, the application would be effective for calendar year
1998; and,
WHEREAS, the City of Oak Park Heights has reviewed the
application of VFW Post 4323 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 Park Heights has solicited the input of
the public and there have been no objections to the granting of
• the renewal application for the premises permit as applied for by
VFW Post #323 with the State of Minnesota Gambling Control Board.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY
OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of VFW Post #323 with the State of Minnesota
Gambling Control Board to operate gambling activities on the site
of VFW Post #323 Avenue
within
Oak Park Heights hereby
approved.
Passed by the City Council of Oak Pa 1998.
Park H ights this 13 h day of
January,
4,
Mayor
Attest: David D. Schaaf
I eriV City Administrator
Judy L. Holst
•
CITY OF OAK PARK HEIGHTS
RESOLUTION 98 -01 -04
A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS
FOR THE CITY OF OAK PARK HEIGHTS IN 1998
BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK
HEIGHTS AS FOLLOWS:
1) That the City Engineer for 1998 shall be Bonestroo, Rosene,
Anderlik, & Associates.
2) That the City Auditor for 1998 shall be Tautges, Redpath,
Inc.
3) That the City Planner for 1998 shall be Northwest Area
Consultants.
4) That the City Attorney for 1998 shall be Eckberg, Lammers,
Briggs, Wolf, & Vierling.
Passed by the City Council of Oak Park Heights this 13th day of
January, 1998.
f
Mayor
David Schaaf
ATTEST:
st"I
In rim f;�ity Administrator
Ju y L. Holst
CITY OF OAK PARK HEIGHTS
• RESOLUTION 98 -01 -03
A RESOLUTION DESIGNATING THE COURIER NEWS
AS THE CITY OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER
BE IT RESOLVED, that the City Council of Oak Park Heights
designates the Courier News of the official City newspaper for
1998.
Passed by the City Council of Oak Park Heights this 13th day of
January, 1998. 0�
MAYOR
David D. Schaaf
ATTEST:
I eritCity Administrator
Judy L Holst
•
CITY OF OAK PARK HEIGHTS
• RESOLUTION 98 -01 -02
A RESOLUTION DESIGNATING CHARGES FOR CITY ITEMS
BE IT RESOLVED, that the City Council of Oak Park Heights
designates the following charges for City properties:
1. Zoning Ordinance $35.00
00 .
2. Subdivison Ordinance $ $10 0.00
3. Maps 99
.
4. Garbage Bags (Package of 5) $ $ 7 7.99
5. Police Reports 00
6. Assessment Searches (Per Parcel) $ 10 0 .. 00
7. Pet Licenses $ .10
8. Copies (Per Page) $50.00
9. Administrative Fees (Per Hour)
Passed by the City Council of Oak Park Heights this 13th day of
January, 1998.
P
f
MAYOR
David Schaaf
ATTEST:
/�-�W�-
In rimoki.ty Administrator
Ju y L. Holst
CITY OF OAK PARK HEIGHTS
RESOLUTION 98 -01 -01
A RESOLUTION DESIGNATING 1998 CHECKING & BANK DEPOSITORIES
Central Bank - Checking, Savings, & Investments
Lake Elmo Bank - Investments
1st State Bank of Bayport - Investments
Firstar Bank - Investments
First Bank - Investments
Norwest Bank - Investments
League of Minnesota Cities 4M Fund - Investments
Miller, Johnson, and Kuehn, Inc. - Investments
Smith Barney - Investments
Passed by the City Council of Oak Park Heights this 13th day of
January, 1998. _
Mayor
David D. Schaaf
ATTEST:
I eriiity Administrator
I;e r j�
L
Judy L. Holst
�J Y 1 1.N r •-
. y
• EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
OAK PARK HEIGHTS, MINNESOTA
HELD: June 23, 1998
Pursuant to due call and notice thereof, a regular
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 23rd day of June, 1998 at 7:00 o'clock p.m.
The following members were present:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson Jerry Turnquist
Councilperson Janet Robert
Councilperson David Beaudet
and the following were absent:
None.
The meeting was held pursuant to resolution adopted May
26, 1998 for the proposed improvements in said City, as more
• particularly described in the Notice of a Public Hearing ordered at
said May 26 meeting, a copy of which is attached hereto. The Clerk
presented affidavits showing the due publication and mailing of the
Notices of Hearing and the Mayor announced that the Council would
hear all persons who cared to be heard for or against the
improvements as outlined in the Notice of Hearing. All persons
present were afforded an opportunity to present their views and
objections to the making of said improvements, and no objections
were presented, except as follows:
Name of Objector Property Objection /Comment,
Mr. Richard Jorgenson 5676 Oakgreen Ave. Questioned why there is no
Oak Park Heights, MN sanitary and sewer at this
time being implemented as
part of this project.
Further questioned county
designation of this
project as within their
capital improvement
program for 5 years in
the future and the .impact
on the project of that
county determination.
•
• Mr. Tim Nolde 777 Green Twig Way Questioned whether or not
Stillwater, MN there was any public
financing that was avail-
able for the 58th Street
improvement for the City of
Oak Park Heights and
further questioned on the
areas proposed to be
assessed why Walmart was
not included within the
project
Mrs. Richard Jorgenson 5676 Oakgreen Ave. Questioning whether or not
Oak Park Heights, MN the project would cause
undue congestion onto
Oakgreen Ave. as a result
of the completion of 58th
Mr. Daryl Haase 2768 Granada Ave. Referencing the letter sub -
Oakdale, MN mitted on his behalf by
Doherty, Rumble & Butler
faxed into city offices
on 6/23/98 from his
attorney, David
Sellergren, copy of which
• is annexed hereto as
Exhibit "A"
Mr. Tim Nolde 777 Green Twig Way Questioning would storm
Stillwater, MN water ponds still be re-
quired as a result of
this project
Ms. Barbara Barry Indicating that they
Senior Services Alliance desired the improvements
(Presbyterian Homes)
Member Robert introduced the following resolution and
moved its adoption:
RESOLUTION ORDERING IMPROVEMENTS
WHEREAS, after due Notice of Public Hearing on the
construction of improvements for the City of Oak Park Heights,
Minnesota, hearing on said improvements was duly held and the
Council heard all persons desiring to be heard on the matter and
fully considered the same;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Oak Park Heights, Minnesota as follows:
•
1. It is advisable, expedient and necessary that said
• improvements as ahecsamedare hereby Notice
ordered madeHearing thereon be
constructed, a
2. The improvements described in said Notice of Hearing
are hereby designated
Oakgreen Avenue of 1998. as 58th Street
Improvements /N e
3. The consulting engineers, Bonestroo, Rosene,
Anderlik and Associates, are hereby directed to prepare final plans
and specifications for said improvements.
4. The City Council shall let the contract for all or
part of the work for said improvements or order all or part the
work done by day labor or otherwise as authorized by Minnesota
Statutes, Section 429.041, Subdivision 2 within one year of the
date of this resolution ordering said improvements.
The motion for the adoption of the foregoing was duly
seconded by Member Turnquist and upon a vote being taken thereon,
the following voted in favor thereof:
Mayor David Schaaf
Councilperson Mark Swenson
Councilperson Jerry Turnquist
Councilperson Janet Robert
• Councilperson David Beaudet
and the following voted against the same:
None.
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 thereof on file in my office,
and that the same is a full, true and complete transcript of the
minutes of a meeting of the City Council of said City, duly called
and held on the date therein indicated insofar as such minutes
relate to the ordering and directing preparation of final plans and
specifications of 58th Street Improvements /Norell to Oakgreen
Avenue of 1998 in said City.
WITNESS my hand and the seal of the City this day of
0 `CU h� , 19 9
City Administrator
(SEAL)
I