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HomeMy WebLinkAbout1996 Resolutions Enclosure 5 RESOLUTION 96 -12 -43 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 1997 BUDGET WHEREAS, the City Staff has prepared and submitted to the City Council the proposed budget for calendar year 1997; 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 1997 budget is hereby approved as presented by the City Finance Director in the total General Fund amount of $2,067,585.00. Passed by the City Council for the City of Oak Park Heights this 18th day of December 1996. David D. Schaaf, May Attest: Michael obertson • Administrator Enclosure 4 RESOLUTION 96 -12 -42 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 1997 GENERAL FUND LEVY WHEREAS, the City Staff has prepared and submitted to the City Council the proposed general fund levy for calendar year 1997; 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 dministrator is hereby authorized and directed to certify y Y to the Washington County Auditor - Treasurer the General Fund levy for the City of Oak Park Heights for calendar year 1997 in the amount of $1,371,254.00 2. That the City Administrator is also authorized and directed to certify to the County Auditor - Treasurer the sum of $23,664.00 for improvements to Storm Sewer Improvement Tax District No. 1, to be collected in calendar year 1997 with real estate taxes on the affected properties. Passed by the City Council for the City of Oak Park Heights this 18th day of December 1996. David D. Schaaf, Mayor Attest: M obertson Administrator Enclosure 4F RESOLUTION 96 -12 -41 A RESOLUTION MAKING INTERFUND TRANSFERS AS RECOMMENDED IN THE 1995 AUDIT REPORT WHEREAS, the 1995 Annual Financial Report has recommended that the following cash transfers take place from the Water & Sewer Connection Funds in order to met the debt service requirements of the Refunding Bonds of 1993; and, WHEREAS, the 1995 Annual Financial Report has recommended that the following cash transfer take place from the Storm Sewer Connection Fund in order to repay a previous loan from the Closed Bond Fund; and, WHEREAS, the 1995 Audit Report has been approved by the Oak Park Heights City Council on April 8, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS that the following transfers take place. 1) $20,000 from the Annexation Area Extended (A.A.E.) Sanitary Sewer Connection Fund to the Refunding Bonds of 1993. 2) $100,000 from the A.A.E. Water Works Connection Fund to the Refunding Bonds of 1993. 3) $50,000 from the A.A.E. Storm Sewer Connection Fund to the Closed Bond Fund Passed by the City Council of Oak Park ights this 10th day of December, 1996. David Schaaf, M or ATTEST: ichaelSbertson City Administrator • CITY OF OAK PARK HEIGHTS RESOLUTION 96 -11 -40 A RESOLUTION AUTHORIZING THE CITY OF OAK PARK HEIGHTS TO ENTER INTO NEGOTIATIONS WITH THE O "CONNOR HANNAN LAW FIRM Passed by the City Council of Oak Park Heights this 26th day of November, 1996. David Schaaf, May ATTEST: Michael obertson City Administrator I 4 RESOLUTION NO. �— • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION CONDITIONALLY APPROVING CLUB TARA SUPPER CLUB, INC. d /b /a CLUB TARA HIDEAWAY FOR 1997 ON -SALE AND ON -SALE SUNDAY LIQUOR LICENSE SUBJECT TO FURTHER REVIEW WHEREAS the Club Tara Supper Club, Inc. d /b /a Club Tara Hideaway has applied for renewal of its on -sale and on -sale Sunday liquor license with the City of Oak Park Heights; and, WHEREAS there are pending in the Washington County District Court, file Nos. K4 -96 -2103 and K6 -96 -2104, both of which involve matters which may impact the renewal of the license for Club Tara Supper Club, Inc. d /b /a Club Tara Hideaway; and, WHEREAS, jury trials have been scheduled thereon to be heard before the District Court on December 2, 1996; and, WHEREAS, the Council determines it to be appropriate to allow the jury trial setting as it affects Club Tara Supper Club, Inc. to conclude its process before determining to restrict or limit the issuance of an on -sale and /or on -sale Sunday liquor license to Club Tara Supper Club, Inc. • NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the application for the on -sale and on -sale Sunday liquor license for 1997 by Club Tara Supper Club, Inc., d /b /a Club Tara Hideaway, in addition to its off -sale liquor license application for 1997 are hereby conditionally approved subject to a review, by the City Council of the applicant and activities on the applicant's premises which have given rise to the aforementioned criminal proceedings. The City Council shall conduct such review after the conclusion of the jury trials now scheduled in the matters above referenced and reserves unto itself the right to withdraw this conditional approval of the off -sale liquor license, on -sale and on -sale Sunday Liquor licenses otherwise conditionally approved for Club Tara Supper Club, Inc. d /b /a Club Tara Hideaway and /or reserves the right to cancel, suspend, limit or impose other sanctions as may be appropriate and determined by the Council to be imposed, if convictions on the above - referenced files are entered as against the owner /proprietor of Club Tara Supper Club, Inc. d /b /a Club Tara Hideaway, as a result of the aforementioned proceedings. 2. Be it further resolved that the City Administrator shall, upon conclusion of the above - referenced trials, within the • Washington County District system return this matter to the agenda of the City of Oak Park Heights for further action and if conviction on either count is entered and shall notify the owners . of Club Tara Supper Club, Inc. d /b /a Club Tara Hideaway of their opportunity to appear before the City Council to show cause, if any they have, why sanctions should not be imposed by the City of Oak Park Heights as it affects such licenses. Passed by the City Council for the City of Oak Park Heights this o 744 h day of November, 1996. David Schaaf, Mayor ATTEST: ichael y 7/ er son City Administrator • RESOLUTION NO. CJ�` ! 37 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION ADOPTING A PROCEDURE FOR DIRECTING STAFF ACTIVITIES ON INFORMAL MATTERS PRESENTED TO THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS WHEREAS, the City Council desires to adopt a procedure for providing informal direction to the City Staff upon their request from time to time upon such matters as they may bring before the Council seeking direction; and, WHEREAS, all of such actions would not entail any formal City action by the City Council that would otherwise be required by formal vote under statute; and, WHEREAS, the City Council wishes to adopt a procedure whereby the Council will review staff issues and questions and provide direction by the Chair's determination of the consensus among the Council, unless any member of the Council desires a formal vote in which case a formal vote shall be held. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the Mayor, upon determining a consensus of the Council to direct City Staff on informal matters presented to the City Council from time to time, may so issue such directives at City Council meetings without the necessity of taking a formal vote thereon by noting within the City Council Minutes "Ordered by Consensus of the Council ". That notwithstanding the foregoing, should any member of the City Council request a formal vote with regard to any directive to be issued to City Staff on any issue over which this procedure is implemented, the Councilperson may require a formal vote thereon by requesting same of the Mayor and /or Acting Mayor at any City Council meeting during which such directives are given or at a subsequent Council meeting, if such directives are be questioned. Passed by the City Council for the City of Oak Park Heights this oM 4 day of E'w/ey 1996. 004�elee 4(Z4 David Schaaf, Mayor ATTEST: ichae2'/ : `Robertson • City Administrator CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. q( - 11 A RESOLUTION ESTABLISHING APPLICATIONS FOR KENNEL PERMIT FEES WITHIN THE CITY OF OAK PARK HEIGHTS PURSUANT TO ORDINANCE 601.011, ET. SEQ. WHEREAS, the City of Oak Park Heights regulates the keeping of domestic animals and specifically provides for the requirement of a permit in order to have kennels within the City of Oak Park Heights; and, WHEREAS the City Council for the City of Oak Park Heights, from time to time establishes fees for kennel permits within the City of Oak Park Heights; and, WHEREAS, the City Council determines that it is appropriate to pro -rate the kennel license fee in the first year of initial application by the homeowner and /or resident; and, WHEREAS the City Staff has recommended to the Council the appropriate fees to be established for kennel permits within the City of Oak Park Heights. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. The annual kennel permit fee within the City of Oak Park Heights is hereby established at the rate of $100.00 per year. 2. That in the initial year of application, the fee shall be pro -rated to the nearest calendar quarter in reference to the date that the permit is granted by the City Council with the applicant paying a fee based upon the remaining calendar quarters within the year over which the permit would be effective. Passed by the City Council for the City of Oak Park Heights this 6164 day of 1996. G�LY David Schaaf, iayor ATTEST: • A J. obertson City Administrator Enclosure 5D • CITY OF OAK PARK HEIGHTS RESOLUTION 96 -11 -35 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 26th day of November, 1996. • Mayor Attest: ✓ City Administrator Y • City of Oak Park Heights 1997 Licenses Off -Sale Liauor Licenses F.T.L. Corporation - dba MGM Liquor Warehouse Timark Inc. - dba Millroad Inn Club Tara Supper Club Inc. - dba Club Tara Hideaway On -Sale and On -Sale Sundav Liquor Licenses Apple American Ltd Partnership of Minnesota - dba Applebee's Neighborhood Grill & Bar Doyle's Bowling Center & Pub Inc. Stillwater Eagles Aerie 94 - dba Stillwater Eagles Ming Sun Chu - dba Stone Lake Restaurant VFW 323 - dba Greeder -Hinds Comfort Post Timark Inc. - dba Millroad Inn Club Tara Supper Club Inc. - dba Club Tara Hideaway Wine License • S.K.R. Inc. - dba Carbon's Pizzeria On -Sale Non- Intoxicatine Liauor License S.K.R. Inc. - dba Carbone's Pizzeria Pizza Huts of the Northwest, Inc. - dba Pizza Hut Off -Sale Non- Intoxicatiniz Liauor License Holiday Stationstores, Inc. - dba Holiday Stationstore #237 F.T.L. Corporation - dba MGM Liquor Warehouse Amusement Licenses Twin States Music Co. - Doyle's Bowling Center & Pub Twin States Music Co. & Metro Coin Inc. - Stillwater Eagles Aerie 94 Great American Fund Factory Wal -Mart Timark Inc. - dba Millroad Inn Binvo Licenses • VFW Post 323 Stillwater Eagles Aerie 94 City of Oak Park Heights 1997 Licenses Page 2 - Continued Tobacco Licenses Stillwater Amoco Apple American Ltd Partnership of Minnesota - dba Applebee's Neighborhood Bar & Grill Doyle's Bowling Center & Pub Stillwater Eagles Aerie 94 Holiday Stationstore #237 F.T.L. Corporation - dba MGM Liquor Warehouse Superamerica #4453 VFW Post 323 Wal -Mart Timark Inc. - dba Millroad Inn Snyder Drug Store #75 RESOLUTION NO. 96 - 11 - 34 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPOINTING David Beaudet TO FILL THE VACANCY IN THE COUNCILPERSON POSITION WITH THE CITY OF OAK PARK HEIGHTS, SAID POSITION TO EXPIRE EFFECTIVE DECEMBER 31, 1996 AT 12:00 O'CLOCK P.M. WHEREAS, a vacancy has occurred within the City Council position of the City Council of Oak Park Heights; and, WHEREAS, said Council position is desired to be filled by the City Council with a person appointed therein to serve through the balance of the term which is scheduled to expire as of December 31, 1996 at 12:00 o'clock p.m.; and, WHEREAS, the City Council has the authority to fill said position pursuant to the provisions of Minn. Stat. §412.02 subd. 2 (a) . NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That David Beaudet is hereby appointed to fill the vacant position of the City Council for the City of Oak Park Heights with said term to expire effective December 31, 1996 at 12:00 o'clock p.m. Passed by the City Council for the City of Oak Park Heights this 12th day of November, 1996. David Schaaf fayor ATTEST: is ael ob rtson City Administrator RESOLUTION NO. 96 - 11 - 33 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION DECLARING A VACANCY IN THE POSITION OF COUNCILPERSON FOR THE CITY OF OAK PARK HEIGHTS WHEREAS, David Schaaf was duly elected to the City Council for the City of Oak Park Heights for a term that would expire effective as of 12:00 o'clock p.m. on December 31, 1996; and, WHEREAS, David Schaaf has been duly appointed by the City Council to fill the position of Mayor for the City of Oak Park Heights with a term to expire December 31, 1996 at 12:00 o'clock p.m.; and, WHEREAS, the appointment of David Schaaf as Mayor creates a vacancy in that a position formerly held by David Schaaf as Councilperson for the City of Oak Park Heights. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: • That a vacancy is declared in the Councilperson's position of David Schaaf with said term as scheduled to expire as of December 31, 1996 at 12:00 o'clock p.m. Passed by the City Council for the City of Oak Park Heights this 12th day of November, 1996. David Schaaf ayor ATTEST: ichael -ir. 'Rober'tsbn City Administrator • i RESOLUTION NO. 96 - 11 - 32 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPOINTING David Schaaf TO THE POSITION OF MAYOR OF THE CITY OF OAK PARK HEIGHTS TO SERVE UNTIL 12:00 O'CLOCK P.M. ON DECEMBER 31, 1996 WHEREAS, the City Council for the City of Oak Park Heights has declared a vacancy in the position of Mayor, formerly held by Barbara H. O'Neal with said position expiring effective December 31, 1996, according to its original term; and, WHEREAS, the City Council for the City of Oak Park Heights desires to fill the position of Mayor for the City of Oak Park Heights to serve until 12:00 o'clock p.m. on December 31, 1996; and, WHEREAS, Minn. Stat . §412.02 subd. 2(a) provides the authority for the City Council to fill the remainder of unexpired terms on the City Council by way of appointment. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: • That David Schaaf is hereby appointed to serve in the position of Mayor for the City of Oak Park Heights with said appointment and term expiring effective 12:00 o'clock p.m. on December 31, 1996. Passed by the City Council for the City of Oak Park Heights this 12th day of November, 1996. ea `Kef Sr., Acting Mayor ATTEST: Michael obert'son City Administrator RESOLUTION NO. 96 - 11 - 31 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION DECLARING VACANCY IN THE OFFICE OF MAYOR OF THE CITY OF OAK PARK HEIGHTS EFFECTIVE NOVEMBER 6, 1996 WHEREAS, Barbara H. O'Neal was duly elected Mayor of the City of Oak Park Heights with a term that was to have expired as of December 31, 1996; and, WHEREAS, the City of Oak Park Heights has received a resignation from Barbara H. O'Neal effectively resigning her position as Mayor as of November 6, 1996. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the position of Mayor for the City of Oak Park Heights, previously held by Barbara H. O'Neal with a term to expire as of December 31, 1996 is hereby declared vacant effective as of November 6, 1996. Passed by the City Council for the City of Oak Park Heights this 12th day of November, 1996. can Kern, ing Mayor ATTEST: ichael J. A" qertson City Administrator CITY OF OAK PARK HEIGHTS RESOLUTION NO. 16 —// — 30 A RESOLUTION APPROVING CONTINUED SUPPORT FOR THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1997. WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) 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 Oak Park Heights City Council adopted Resolution No. 95 -10-45 electing to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act; and WHEREAS, the Oak Park Heights City Council adopted Resolution No. 95 -12 -54 establishing housing goals through the Housing Goals Agreement negotiated with Metropolitan Council; and WHEREAS, the Oak Park Heights City Council in 1996 adopted a Livable • Communities Action Plan to guide the City's housing related activities through the year 2010, in conjunction with the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act. NOW, THEREFORE, BE IT RESOLVED that the City of Oak Park Heights hereby elects to continue participation in the Local Housing Incentives Account Program under the Metropolitan Communities Act during calendar year 1997. PASSED by the City Council of Oak Park Heights this day of 1996. iG= Barbara O'Neal, Mayor ATTEST: ichael Ro n�it Cit dministrator RESOLUTION NO.��� 1 • RESOLUTION ESTABLISHING FINDINGS OF FACT THAT ZONING REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE NECESSARY TO MINIMIZE THE SECONDARY ADVERSE EFFECTS OF SUCH BUSINESS IN THE CITY OF OAK PARK HEIGHTS BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: LEGAL BACKGROUND WHEREAS, the Oak Park Heights City Council has been provided with background information on sexually oriented businesses which, in summary fashion, is as follows: 1. The United States Supreme Court in its decisions of Youna v. American Mini Theaters. 96 S. Ct. 2440 (1976), and Citv of Renton v. Plavtime Theaters.. 106 S.Ct. 925 (1986) has held that sexually oriented businesses engaged in the offering of adult fare characterized by an emphasis on matter depicting specified sexual activities or anatomical areas may not be completely prohibited from doing business within cities by municipal ordinances. 2. The Supreme Court has further held that municipalities may regulate sexually oriented businesses with lawfully enacted content - neutral time, place and manner zoning and licensing ordinances if said regulations are not merely a pretext for completely prohibiting within a City sexually oriented businesses based on the content of the material being offered. 3. The Supreme Court has concluded that lawful content neutral time, place and manner regulations may have as their focus the minimization of the adverse secondary effects on a community generated by the location and operation of a sexually oriented business within a community. Adverse secondary effects are defined as: a. Increased incidence of crime. b. Diminution of property values within the community and especially the values of those properties adjacent to or in close proximity to the sexually oriented business, and C. Increased risk for the spread of sexually transmitted diseases. EXHIBIT C FINDINGS OF FACT WHEREAS, based on the legal background referenced herein, the Oak Park Heights City Council hereby makes the following Findings of Fact in connection with the regulation of sexually oriented businesses within the City: 1. That the City Council has reviewed and considered all the material and unsworn testimony presented before it in connection with the regulation of sexually oriented businesses within the City. 2. The City Council has reviewed and studied the "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses ", dated June 6, 1989 referred to hereafter as the "Report". 3. The Report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating the sexually oriented businesses. 4. The Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property • values ". In addition, the Attorney General's Work Group "... heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property ". 5. The Report concludes that sexually oriented businesses have an impact on the neighborhoods surrounding them which is distinct from the impact , caused by other commercial uses. 6. The Report concludes that residential neighborhoods located within close proximity to adult theaters, book stores, and other sexually oriented businesses experience increased crime rates (sex - related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership. 7. The Report concludes the adverse impacts which sexually oriented businesses have on surrounding areas diminish as the distance from the sexually oriented businesses increases. i 2 8. The Report concludes that studies of other cities have shown that among the • crimes which tend to increase either within or in the near vicinity of sexually oriented businesses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior. 9. The Report concludes that the Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses. 10. The Report concludes that many members of the public perceive areas within which sexually oriented businesses are located as less safe than other areas which do not have such uses. 11. The Report concludes that many studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to sexually oriented businesses. 12. The Report concludes that the Indianapolis, Indiana study established that professional real estate appraisers believe that an adult book store would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. f 13. The City Council finds the suburban characteristics of Oak Park Heights are similar to those of the cities cited by the Reports when considering the effects of sexually oriented businesses and that the findings concerning the effects of sexually oriented businesses in other cities documented in the Reports are relevant to Oak Park Heights circumstances. 14. The City Council finds, based upon the Report and the studies cited herein, that sexually oriented businesses will have adverse secondary effects upon certain pre- existing land uses within the City of Oak Park Heights and that in reliance on the data and conclusions made by the studies documented in the Report, it is not necessary for Oak Park Heights to conduct it own independent study concerning the effects of sexually oriented businesses locating within the City. 15. The City of Oak Park Heights is currently in need of updating ordinance regulating the location of sexually oriented businesses within the City. ri 16. Pursuant to the United States Supreme Court case of Citv of Renton v. • Plavtime Theaters. Inc., 106 S.Ct. 925 (1988), and others, it is clear that a permanent total prohibition against sexualjW oriented businesses would be unconstitutional. 17. The City Council finds that the location of sexually oriented businesses within the City of Oak Park Heights will have a detrimental effect on the City by unnecessarily lowering property values within the City if said establishments were located in inappropriate areas. 18. The City Council finds there will be increased crime within the City from inadequate regulations of sexually oriented businesses location and operating within the City. 19. The City Council finds that content - neutral time, place and manner restrictions that regulate the zoning of sexually oriented businesses are necessary in the City of Oak Park Heights to minimize the adverse secondary effects which will accompany the location and operation of said businesses within the City but that said regulations should be drafted in such a manner as to allow for reasonable opportunity to open and operate sexually oriented businesses within the City while minimizing the secondary adverse effects. RECOMMENDATION THEREFORE, BE IT RESOLVED that the City Council hereby recommends the establishment of zoning controls which will serve to minimize the adverse secondary effects of sexually oriented businesses while providing said businesses a reasonable , opportunity to locate and operate within the City of Oak Park Heights. ADOPTED BY THE MAYOR AND COUNCIL THIS $� DAY OF akieyl 996. Barbara O'Neal, Mayor ATTEST: ike Robe son, City Administrator /Clerk • 4 . RESOLUTION 96 -10 -28 A RESOLUTION RETURNING TAX FORFEITED PARCEL 60375 -5825 TO THE STATE OF MINNESOTA PURSUANT TO MINNESOTA STATUTE 282.01, SUBD. 1D WHEREAS, the City of Oak Park Heights has obtained tax forfeited parcel 60375 -5825 being described as Lot 16, Block 18 Elfelt's Addition to Oak Park, Except that part of Lot 16 lying west of the right of way of Twin City Rapid Transit Company - Subject to Public Highway Elfelt's Addition to Oak Park originally certifying that the same to be used for public purposes within the City of Oak Park Heights; and, WHEREAS, it appears to the City Council that there is no longer a public purposes for which to be utilized for said parcel in the City of Oak Park Heights; and, WHEREAS, the State of Minnesota has requested the return and reverter of said parcel with conveyance back to the State of Minnesota by the City of Oak Park Heights pursuant to Minn. Stat. 282.01; and, WHEREAS, The City Council does not foresee a public purpose to which the City could put said land to within its jurisdiction and agrees to the reversion of said property to the State of Minnesota pursuant to Minn. Stat. 282.01 subd. ld. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA: 1. That the City Administrator and the Mayor herewith are authorized and directed to execute appropriate conveyances as are specifically provided for within Minn. Stat. 282.01 subd. id, providing for reversion of paid land to the State of Minnesota to be put to public use as required by statute. That a true and correct copy of this Resolution shall be provided by the City Administrator to the Office of the Washington County Auditor /Treasurer for the purposes of reconveyance on their records. Passed by the City Council of Oak Park Heights this 8th day of October, 1996. ATTEST: Barbara O'Neal, Mayor Michael 'R2obertson City Administrator RESOLUTION �,3 ~��` 7 i CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RETURNING TAX FORFEITED PARCEL 60375 -5555 TO THE STATE OF MINNESOTA PURSUANT TO MINN. STAT. §282.01 SUBD. Id WHEREAS, the City of Oak Park Heights has obtained tax forfeited parcel 60375 -5555 being described as Lot 1, Block 15, except RR and except part south of the road per Torrens Certificate, Elfelt's Addition to Oak Park originally certifying that the same to be used for public purposes within the City of Oak Park Heights; and, WHEREAS it appears to the City Council that there is no longer a public purpose for which to be utilized for said parcel in the City of Oak Park Heights; and, • WHEREAS, the State of Minnesota has requested the return and reverter of said parcel with conveyance back to the State of Minnesota by the City of Oak Park Heights pursuant to Minn. Stat. §282.01; and, WHEREAS, the City Council does not foresee a public purpose to which the City could put said land to within its jurisdiction and agrees to the reversion of said property to the State of Minnesota pursuant to Minn. Stat. §282.01 subd. ld. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA: 1. That the City Administrator and the Mayor herewith are authorized and directed to execute appropriate conveyances as are specifically provided for within Minn. Stat. §282.01 subd. ld, providing for reversion of paid land to the State of Minnesota to be put to public use as required by statute. That a true and correct copy of this Resolution shall be provided by the City Administrator to the Office of the Washington County Auditor/ Treasurer for purposes of reconveyance on their records. • Passed by the City Council for the City of Oak Park Heights this day of September, 1996. BY ORDER OF THE CIT OUNCIL Barbara H. O'Neal Mayor Attest: Michael J. o6Sertson City Administrator • I • RESOLUTION 96 -09 -26 A RESOLUTION APPROVING 1997 PROPOSED TAX LEVY & BUDGET WHEREAS, the City Staff has prepared and submitted to the Council it's proposed budget for calendar year 1997; 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 as follows: 1. That the 1997 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $2,064,485. 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 1997 in the amount of $1,505,316. • 3. That the City administrator is also authorized and directed to certify to the County Auditor - Treasurer 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 1997 with the real estate taxes on the affected properties. Passed by the City Council of Oak Park Heights this 11th day of September, 1996. Barbara O'Neal, Mayor ATTEST: 1 � 171 Michael obertson City Administrator • RESOLUTION 96 -08 -25 A RESOLUTION APPROVING THE DISSOLUTION OF BROWNS CREEK WATER MANAGEMENT ORGANIZATION JOINT POWERS AGREEMENT WHEREAS, the City of Oak Park Heights, in Resolution 96- 06 -16, passed June 10, 1996, did support the dissolution of the Brown's Creek Water Management Organization. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby approves the dissolution of the Brown's Creek Water Management Organization Joint Powers Agreement. Passed by the City Council of Oak Park Heights this 27th day of August, 1996. 6, our Barbara O'Neal, Mayor ATTEST: • r' i Michael Robertson City Administrator • • RESOLUTION 96 -08 -24 A RESOLUTION CONCURRING WITH WASHINGTON COUNTY'S REQUEST FOR DESIGNATION OF OSGOOD AVENUE AS A COUNTY STATE AID HIGHWAY WHEREAS, Washington County has requested support for the designation of Osgood Avenue as a County State Aid Highway. 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 supports the designation of Osgood Avenue as a County State Aid Highway. Passed by the City Council of Oak Park Heights this 27th day of August, 1996. Barbara O'Neal, Mayor ATTEST: M �Robertson City Administrator • • RESOLUTION 96 -08 -23 A RESOLUTION GRANTING MNDOT A TEMPORARY PERMIT TO CONSTRUCT ON CITY LAND WHEREAS, The Minnesota Department of Transportation ( MNDOT) has requested that the City of Oak Park Heights grant them the right of entry and permission to construct on City owned property in conjunction with the Trunk Highway 36 reconstruction project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, that MNDOT is hereby granted right of entry and permission to construct on that part of Lots 3 & 4, Block 23, Elfelt's Addition, owned by the City of Oak Park Heights, and that the City Administrator is hereby directed to execute the necessary permits to accomplish this. Passed by the City Council of Oak Park Heights this 27th day of August, 1996. ATTEST: Barbara O'Neal, Mayor / Pcha Robertson City Administrator • �0 EXTRACT OF MINUTES OF MEETING OF • THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: August 27, 1996 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 the 27th day of August, 1996, at 7:00 o'clock p.m. The following members were present: Mayor, Barbara H. O'Neal Councilpersons: Mark Swenson Janet Robert Dean Kern David Schaaf and the following members were absent: None Member Swenson introduced the following resolution and moved its adoption: • RESOLUTION CALL FOR AN ELECTION ON $2.000.000.00 BONDS FOR THE ESTABLISHMENT OF A FIRE SUB - STATION IN THE CITY OF OAK PARK HEIGHTS BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota as follows: 1. This council has investigated the facts and does hereby find, determine and declare that it is necessary and expedient to establish a fire sub - station for the City. 2. The proposition of authorizing the issuance of $ 2.0 o0�000.00 Bonds for said purpose shall be submitted to the qualified electors of the City at the general election to be held on November 5, 1996. Said election shall be held between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m. The polling place shall be the designated polling place in the City of Oak Park Heights. 3. The Clerk is hereby authorized and directed to post and publish according to law a Notice of Election and Ballot, and to prepare ballots (of which shall be blue in color) for use at said election, which notice and ballot shall be in substantially the • following forms: • NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that at general election that will be held in and for the City of Oak Park Heights, Washington County, Minnesota, on November 5, 1996, between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m., at which time the following question will be submitted: "Shall the City of Oak Park Heights, Minnesota, be authorized to issue its fully registered general obligation bonds in an amount not to exceed $2,000,000.00 to defray the expense of the acquisition and betterment of a fire sub - station to be constructed within the City of Oak Park Heights ?" The polling place for said election will be the designated polling place, at which place all of the qualified electors of the City may cast their ballots. Dated: 19 BY ORDER OF THE CITY COUNCIL Michael J. Robertson • City Administrator OFFICIAL ELECTION BALLOT CITY OF OAK PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA * * * ** "Shall the City of Oak Park Heights, Minnesota, * * YES authorized to issue its fully registered general * * * ** obligation bonds in an amount not to exceed $ 2,000,000.00.0 defray the expense of the acquisition and betterment of a fire sub - station * * * ** to be constructed within Oak Park Heights, Minnesota. * * NO * * * ** NOTICE: BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. The maximum amount of increased levy as a percentage of market value is o. • The amount that will be raised by the new referendum tax rate in the first year it is to be levied is $ INSTRUCTIONS TO VOTERS: • If you wish to vote in favor of the above proposition, mark a cross (X) in the square before the word "YES ". If you wish to vote against the above proposition, mark a cross (X) in the square before the word "NO". (NOTE: On the back of each ballot shall be printed the words "Official Ballot ", the date of the election and lines for the initials of the judges.) 4. The established election judges of the City of Oak Park Heights shall be appointed judges for said election. 5. Said election shall be held and conducted in accordance with the statutes of the State of Minnesota applicable, and the Council shall meet as required by law for the purpose of canvassing said election and declaring the results thereof. The motion for the adoption of the foregoing resolution was duly seconded by member Robert and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Swenson, Robert, Kern, and O'Neal. • and the following voted against the same: Schaaf. Whereupon said resolution was declared duly 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 election of $ 2,000,OOOBonds for the establishment of a fire sub - station in said City. • WITNESS my hand and the seal of said City this A8A day of 19 /Aicha �o�ertson (SEAL) City Administrator • RESOLUTION 96 -08 -21 A RESOLUTION APPROVING AN AGREEMENT BETWEEN MNDOT AND THE CITY OF OAK PARK HEIGHTS REGARDING THE SCENIC OVERLOOK WHEREAS the City of Oak Park Heights and the Minnesota Department of Transportation (MNDOT) desire to come to a written understanding regarding the State owned property known as the Scenic Overlook located in Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1) That the conditions described Project Manager Mark Benson's letter to Mike Robertson, dated August 2, 1996 and incorporated as Exhibit A, are herein approved, with the exception that in Item 3, "The City's garden committee commits" will be changed to read "The City commits ". Passed by the City Council of Oak Park Heights this 3th day of August, 1996. L �Glkcb-- C9-Q arbara O'Neal, Mayor ATTEST: e, Michael obertson City Administrator • pMNesp Enclosure 1 Minnesota Department of Transportation ',o.�►�, Metropolitan Division • Waters Edge 1500 West County Road B2 Roseville, MN 55113 D V August 2, 1996 AUG - 6 Mike Robertson, Administrator OAK PARK O City of Oak Park Heights ` 14168 North 57 Street P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Dear Mike, I have reviewed the memo prepared by Janet Robert regarding the landscaping enhancements at the scenic overlook and would like to confirm Mn/DOT's response to each point. 1. Mn/DOT will retain ownership of the overlook. 2. In the area marked as Item 9 Mn/DOT maintenance workers will remove all woody growth except sumac trees. Additional sumac tree planting will occur under contract when the rehabilitation of the scenic overlook occurs. 3. In the center island the Mn/DOT contract will remove all crabapple trees. A garden area will be created that is approximately 1/3 the diameter of the island, planted with "Nearly Wild" roses, mulched and permanent edging will be used. The City's garden club commits to maintaining the bed. 4. In the area marked as Item 6 Mn/DOT maintenance workers will remove the easternmost cedar tree, grind the stump and resod. The lower branches on the two remaining cedars will be pruned to remove dead branches and branches that obstruct the view to the North (approximately 10 feet up from the ground). 5. In the area marked as Item 4 the goal is to open views to the North. The exact area will be determined on -site with advice of the Mn/DOT forester. In general Mn/DOT maintenance workers will remove the large elm tree and any other scrub trees that are obstructing the view in this area. 6. Mn/DOT maintenance forces will continue as it has in the past cutting trees to the east of the overlook that would obstruct views of the river. 7. Mn/DOT and the City will continue to negotiate the selective removal of trees to the south of the overlook to improve views of the river from Lookout trail and attempt to reach an agreement under Mn/DOT's partnership program. • An equal opportunity employer L Page 2, August 2, 1996 Mike Robertson Mn/DOT intends to complete the items that involve our maintenance workers by May 1, 1997. The remaining contract work will be included in our construction project scheduled for a November 1997 letting. Please have a resolution passed that indicates the city council concurrence in this work. Sincerely, / 410 Mark D. Benson Project Manager • enclosure c: Don Johnson - Oakdale Barbara Long - Rivercrest Associates Larry Wacker - Sanders/Wacker L �, ,l /. 1 1 . 7 L ♦ r. �� -F y flt j ,Lt� � 2:. ► •1 ;, :, 4 Kr �'��''... � •� ` `�:. � ty '' L' - � 1 + • ,�1 r •\ �,: / •)t '/ l 1 f� 1• 1 C `IvY4.��� IY 1 ,war j� • ;. �''.ji, r t .. ♦ k .1>, f.. � �.� �� w.r � ! 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L•A��,Li.�,:. r .�. �. - �� ,.,i ♦ �'t r ��� `N '�4 'Va�,y, • t y k •; n;.t�.� ..; "• �. ... l ♦1.7• EL +' 'r. � i Mme„ � i . • �..,:'' •���. •• • • ` "^'' ,r r f {�ray,�h•, f1...,�„ x,.. ,, • � •, ', 7. • RESOLUTION 96 -07 -19 • A RESOLUTION AUTHORIZING THE OAK PARK HEIGHTS POLICE DEPARTMENT AND BAYPORT FIRE DEPARTMENT TO UTILIZE BUILDINGS ACQUIRED FOR THE STATE HIGHWAY 36 RECONSTRUCTION OR NSP LANDFILL EXPANSION BEFORE THEY ARE DEMOLISHED WHEREAS, the Minnesota Department of Transportation ( MNDOT) is in the process of acquiring property in the City of Oak Park Heights pursuant to the Highway 36 Reconstruction; and, WHEREAS, Northern States Power (NSP) is in the process of acquiring property in the City of Oak Park Heights pursuant to the expansion of the A. S. King Landfill; and, WHEREAS, both of these entities will be acquiring and demolishing buildings as part of their efforts; and, WHEREAS, both entities have offered the properties they acquire for City training purposes, providing that the City holds them harmless against any possible claims rising out of these training activities. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1) That the City Council of the City of Oak Park Heights requests the use of any properties acquired by MNDOT or NSP, subject to their approval, for the use of training for City departments. 2) That except for the negligent acts of the State, it's agents and employees, the City of Oak Park Heights assumes all liability for and will save the State, it's agents and employees harmless from all claims for damages, actions, or causes of action arising out of the use of the subject buildings by the City for training purposes. Passed by the City Council of Oak Park Heights this 9th day of July, 1996. Barbara O'Neal, Mayor ATTEST: Michael'Robertson • City Administrator RESOLUTION NO. ��G CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS IN LOTS 1 THROUGH 8, BLOCK 1, VALLEY VIEW ESTATES 2ND ADDITION WHEREAS, The City of Oak Park Heights has initiated these proceedings to vacate drainage and utility easements as contained within Lots 1 through 8, Block 1, Valley View Estates 2nd Addition; and, WHEREAS, the City's action is necessary to a successful replatting of the subject property in the manner and form previously approved by the City Council for the City of Oak Park Heights as is more specifically contained in the Planner's Report on file and of record in the office of the City Administrator for the City of Oak Park Heights; and, WHEREAS, the City has conducted a public hearing as required by law giving notification to affected property owners and to the public; and, • WHEREAS, the City has received no objection to the vacating of the drainage and utility easements in Lots 1 through 8, Block 1, Valley View Estates 2nd Addition; and, WHEREAS, new drainage and utility easements will be rededicated to the City in the replat of the subject property at a later date; and, WHEREAS the Council has determined that the best interests of the City are served by allowing the vacation as proposed. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That all drainage and public utility easements now located within Lots 1 through 8, Block 1, Valley View Estates 2nd Addition as the same is platted and of record in the office of the County Recorder in and for Washington County, Minnesota be and the same are hereby vacated. BE IT FURTHER RESOLVED: That the City Administrator shall prepare a Notice of Completion of these proceedings which shall contain the name of the City, identification of the vacation, statement of the time of completion thereof, and a description of the real estate and the land affected thereby. Such notice shall be presented to the County Auditor /Treasurer who shall enter the same in his transfer records and note upon the instrument over the official signature, the words "Entered in the Transfer Records." The notice shall then be filed with the County Recorder, all as required by Minn. Stat. §412.851. Passed by the City Council for the City of Oak Park Heights this 24th day of June, 1996. / l Barbara H. O'Neal, Mayor ATTEST: ic ael J.obertson City Administrator • • 4 . R850LUTION NO. 9 6 - �� — ff CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION SUPPORTING THE DISSOLUTION OF THE BROWN'S CREEK WATER XANAGEI4ENT ORGANIZATION JOINT POWERS AGREEMENT WHEREAS, the City of Oak Park Heights is a member of the Brown's Creek Water Management Organization which was formed by Joint Powers Agreement entered into between the communities of Baytown Township, City of Hugo, City of Lake Elmo, May Township, City of Oak Park Heights, City of Stillwater and Stillwater Township; and, WHEREAS, Pursuant to the terms of Article VIII of the existing Joint Powers Agreement, any governmental unit may petition the board to dissolve the Joint Powers Agreement; and, WHEREAS, the City of Oak Park Heights has been a regular participant in the meetings of Brown's Creek Water Management Organization; and, WHEREAS, the various water management issues and problems that • have occurred within the Brown's Creek Management area have not been addressed by the Brown's Creek Water Management Organization to date in terms of formulating solutions or implementing plans to address the needs of the Water Management Organization; and, WHEREAS, the City of Oak Park Heights is of the opinion that the existing framework on the Brown's Creek Water Management Organization is incapable of successfully addressing the various issues that had been presented .within the Brown's Creek Water Management area as it affects storm water run -off, storm water control, water quality and the ability of the organization to effectively construct 'and maintain storm water management facilities to protect and serve the area now designated within the Brown's Creek Water Management Organization. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS: That the City Council for the City of Oak Park Heights does hereby support the dissolution of the Brown's Creek Water Management Organization as created by the Joint Powers Agreement previously entered into by the member communities and does hereby petition, under the terms and provisions of Article VIII of the Joint Powers Agreement, its member communities and the Brown's Creek Water Management Organization Board of Commissioners to proceed pursuant to the terms and provisions of Article VIYI of the Joint Powers Agreement to conduct hearings and take vote of members • as it affects the dissolution and termination of the Joint Powers d Agreement, which now creates the Brown's Creek Water Management Organization. BE IT r um.Lnzx RESOLVED, that the City of Oak Park Heights does hereby support and encourage the Board of Soil and Water Resources to recognize the inability of the Brown's Creek Water Management Organization to fulfill its purposes under which it was originally organized and to take the necessary steps to promote the recreation of an' effective organization to deal with the needs of the area now served by the Brown's Creek Water Management Organization. Passed by the City Council for the City of Oak Park Heights this 10th day of June, 1996. _ 1 Q.Z. Barbara H. O'Neal, Mayor ATTEST: A icha� g el J: Roberti n • City Administrator • _ C� EXTRACT OF MINUTES OF A MEETING OF THE • CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: June 10, 1996 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 on the 10th day of June, 1996, 7:30 p.m. The following members of the Council were present: Mayor Barbara O'Neal, Councilmembers Mark Swenson, Janet Robert, Dean Kern, Sr. and David Schaaf. and the following were absent: Member Swenson introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE ESTABLISHMENT OF DEVELOPMENT DISTRICT NO. 1 AND THE ADOPTION OF THE DEVELOPMENT PROGRAM RELATING THERETO, AND THE ESTABLISHMENT OF HOUSING TAX INCREMENT FINANCING DISTRICT NO. 1 AND THE TAX INCREMENT • FINANCING PLAN RELATING THERETO WHEREAS: A. It $as been proposed that the City of Oak Park Heights, Minnesota (the "City "), establish Development District No. 1 and adoption of a development program with respect thereto, and establish Housing Tax Increment Financing District-No. 1 within Development District No. 1 and adopt a tax increment financing plan with respect thereto under the provisions of Minnesota Statutes, Sections 469.124 to 469.134 and 469.174 to 469.179 (collectively, the "Act "); and B. The City Council has investigated the facts and has caused to be prepared a proposed development program for Development District No. 1, and has caused to be prepared a proposed tax increment financing plan for Housing Tax Increment Financing District No. 1; and C. The City has performed all actions required by law to be performed prior to the establishment of Municipal Development District No. 1 and Housing Tax Increment Financing District No. 1, and adoption of the proposed development program and tax increment financing plan relating thereto, including, but not limited to, notification of Washington County and Independent • School District No. 834 having taxing jurisdiction over the property to be included in Housing Tax Increment Financing 318663.1 t, District No. 1 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights as follows: 1. Development District No. 1,. There is hereby established in the City of Oak Park Heights Development District No. 1, the initial boundaries of which are fixed and determined as described in the Development Program. 2. Development Program,. The development program for Development District No. 1, a copy of which is on file in the office of the City Administrator, is adopted as the Development Program for Development District No. 1. 3. Housina Tax Increment Financinq District No. 1,. There is established in the City of Oak Park Heights within Development District No. 1 a tax increment financing district, the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan. 4. Tax Increment Financina Plan,. The Tax Increment Financing Plan is adopted as the tax increment financing plan for Housing Tax Increment Financing District No. 1, and the City Council makes the following findings: • (a) Housing Tax Increment Financing District No. 1 is a housing district as defined in Minnesota Statutes, Section 469.174, Subd. 11, the specific basis for such determination being that the 76 unit multifamily rental housing development to be undertaken by Anchobaypro, Inc. consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts. (b) The proposed redevelopment in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. The reasons supporting this finding are that: Anchobaypro, Inc. has represented to the City that it would not undertake the project in Oak Park Heights without the City's use of tax increment financing. Private investment will not finance • these development activities because of prohibitive costs. It is necessary to finance 318663.1 2 these development activities through the use of • tax increment financing so that other development by private enterprise will occur within Development District No. 1. (c) The Tax Increment Financing Plan for Housing Tax Increment Financing District No. 1 conforms to the general plan for development or redevelopment of the City of Oak Park Heights as a whole. The reasons for supporting this finding are that: (i) Housing Tax Increment Financing District No. 1 is properly zoned; and (ii) The Tax Increment Financing Plan will generally compliment and serve to implement policies adopted in the City's comprehensive plan. (d) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City of Oak Park Heights as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. . The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No. 1. 5. Public Purpose. The adoption of the Development Program for Development District No. 1, and the adoption of the Tax Increment Financing Plan for Housing Tax Increment Financing District No. 1 conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide employment opportunities to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 6. Certification. The Auditor of Washington County is requested to certify the original net tax capacity of Housing Tax Increment Financing District No. 1 as described in Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Administrator is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Housing Tax Increment Financing District No. 1 for which building permits have been issued during the 18 months • immediately preceding the adoption of this Resolution. 318663.1 3 7. Filinq. The City Administrator is further • authorized and directed to file a copy of the Development Program and Tax Increment Financing Plan for Housing Tax Increment Financing District No. 1 with the Commissioner of Revenue. 8. Administration. The administration of Development District No. 1 is assigned to the City Administrator who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. The motion for the adoption of the foregoing resolution was duly seconded by member Kern and upon vote being taken thereon, the following voted in favor thereof: lla yy c)' Itleci /) Ovnci 1p t -wive ow camn'!w► em�el-* X'orq , l/ QQ nn`` and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. • 318663.1 4 e 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 relate to the establishment of Development District No. 1, and Housing Tax Increment Financing District No. 1 in the City. WITNESS my hand this 10th day of June, 1996. ity Ad inistrator 318663.1 5 RESOLUTION 96 -06 -14 A RESOLUTION REQUESTING THAT THE METROPOLITAN COUNCIL CHANGE THE NAME OF THE STILLWATER SEWAGE TREATMENT PLANT TO THE ST. CROIX VALLEY SEWAGE TREATMENT PLANT WHEREAS, the Metropolitan Council, in all its written communications, refers to our area wastewater treatment plant as the "Stillwater" wastewater treatment plant; and, WHEREAS, the "Stillwater" wastewater treatment plant is, in fact, located within the city limits of the City of Oak Park Heights; and, WHEREAS, the "Stillwater" wastewater treatment plant, in fact, treats the wastewater from the Cities of Oak Park Heights and Bayport, as well as the wastewater from the City of Stillwater. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights respectfully requests that the Metropolitan Council change the name of the area wastewater treatment plant to the "St. Croix Valley" treatment plant, which will better reflect the location of the plant along with indicating that it serves more than one community. Passed by the City Council of Oak Park Heights this loth day of June, 1996. Barbara O'Neal Mayor ATTEST: Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 1996 -j2E /-> A RESOLUTION REQUIRING THAT ALL PROPERTY TAXES, SPECIAL ASSESSMENTS, PENALTIES, INTEREST AND MUNICIPAL UTILITY FEES DUE ON A PARCEL ARE PAID IN FULL BEFORE THE CITY WILL ACCEPT APPLICATIONS FOR PERMITS OR APPROVALS FOR LAND USE ISSUES. WHEREAS, the City of Oak Park Heights is a statutory City with the powers given to cities by virtue of Minnesota Statutes §462.351 to §462.364; and, WHEREAS, the Minnesota Legislature has passed a new Statute authorizing a City to require an applicant, as a condition of a grant of approval for an amendment to an official control or for a permit or other approval required under an official control for land use issues, that there are no delinquent property taxes, special assessments, penalties, interest or municipal utility fees due on the parcel to which the application relates; and, WHEREAS, the City Council believes it would be in the best interests of the City of Oak Park Heights to require such • certification to be made before accepting or processing any such land use applications. NOW, THEREFORE, based upon the foregoing, the following Resolution was duly made, seconded and approved: 1. That the City of Oak Park Heights hereby requires that all applicants, as a condition of a grant of approval for an amendment to an official control established pursuant to Minnesota Statutes §462.351 to §462.364, or for a permit or other approval required under an official control established or adopted pursuant to those sections, must provide written certifications from the County Auditor's Office and City Clerk's Office that there are no delinquent property taxes, special assessments, penalties, interests or municipal utility fees due on the parcel to which the application relates. 2. It is the intent of the City Council that this Resolution shall apply to, but not be limited to, all applications for subdivisions, variances, conditional use permits, planned unit developments, building permits, grading permits, drainage permits, mining permits, business licenses and all other approvals which may be required to be approved by the City as authorized by Minnesota Statutes §462.351 to §462.364. 3. The City Council hereby directs the City staff that • no applications for zoning or septic system approvals, or for any MUSA line changes shall be accepted for review by the City unless said application is accompanied by the certifications described • herein. WHEREUPON, a vote being taken upon the motion, the following members voted in favor: The following voted against: WHEREUPON, said motion was declared duly passed this o2g ? day of "/ Y 1996. Barbara H. O'Neal Mayor Attest: Michael J. i�obertson City Administrator 2 q( o q Enclosure 3C CERTIFICATE OF AUTHORITY • (Governmental Entities) I, Michael Robertson (name of certifying officer) do hereby certify that I am the Administrator (title of certifying officer) of City of Oak Park Heights (name of depositor) (therein called the "Depositor ") a City (identify depositor) existing under the laws of the State of Minnesota and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the City Council . ( identify governing board) of the Depositor duly and properly called and held on the 22nd day of April , 19 9 6 that a quorum was present at said meeting; and that said resolutions are now in full force and effect. Deposits RESOLVED, that First Bank, NA (identify depository bank) (herein called the "Bank") be and is hereby designated as a depository of City of Oak Park Heights (identify Depositor) with authority to accept and or receive at any time for the credit of the Depositor deposits by whomsoever made, of funds • and other property in whatever form or manner transferred or endorsed, whether made as demand deposits, savings deposits, or time deposits: and that any officer or official of the Depositor be and is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any further agreements deemed advisable in regard to any of the foregoing. RESOLVED FURTHER, That checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of a facsimile or mechanical signature or otherwise authorized, by any two of the following named individuals: Barbara H. O'Neal, Michael Robertson, Judy L. HolStand the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the Depositor from time to time. • w • Other Services RESOLVED FURTHER, That the person(s) so authorized to sign be and are hereby authorized and empowered, on behalf of the Depositor, to transact any and all other business with and through the Bank which such person(s) may at any time deem to be advisable, including, without limiting the generality of the foregoing, authority to purchase certificates of deposit and to enter into deposit agreements, safe deposit agreements, lock -box agreements, night depository agreements, freight payment service agreements, payroll service agreements, and other electronic data processing agreements offered by the Bank, and, in reference to any such business, to make any and all agreements and to execute and deliver to the Bank any and all contracts and other writings which such person(s) may deem to be necessary or advisable. Further Provisions RESOLVED FURTHER, That the Administrator (identify certifying officer by title) shall certify to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the persons named above and such certifying officer shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act; the Bank shall . be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts -so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED FURTHER, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank. RESOLVED FURTHER, That any and all transactions by or on behalf of the Depositor with the Bank prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. • • I further certify that the City Council (identify governing board) of the Depositor, has, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the forgoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Certificate of Authority entitled "Authorized Signers." In Witness Whereof, I have hereunto subscribed my name and affixed the seal of the Depositor this day of 4 ,-)y ,' l ' 19X v (Attest by one other officer) Title Authorized Signers i Name Title (if any) n Sample ture Barbara H. O'Neal Ma y or G�/ l Michael Robertson Administrator Judy L. Holst Deputy Clerk /Finance Director • RESOLUTION 96 -04 -11 • A RESOLUTION ESTABLISHED PURSUANT TO ORDINANCE 1001, MINNESOTA STATUTE 444.075, AND RESOLUTION 91 -02 -08 CREATING AND ESTABLISHING CONNECTION CHARGES FOR THE CITY OF OAK PARK HEIGHTS WHEREAS, The above noted laws have established the necessary authority, rules and regulations, and connection charges for the City of Oak Park Heights; and, WHEREAS, The above noted resolution stated that the charges would be revised from time to time upon recommendation of the City Engineer; and, WHEREAS, The City Engineer of Oak Park Heights has, by letter dated March 26, 1996, recommended that the charges be revised due to inflation and made specific recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota that the following charges, per recommendation of the City Engineer, shall be collected in each instance prior to issuance of any permit allowing development in any part of the City of Oak Park Heights. Said charges to be collected per the rules and regulations established in the above noted laws; • Commercial Sanitary Sewer $2,310.00 /Acre Waterworks $4,010.00 /Acre Storm Sewer $5,080.00 /Acre Residential Sanitary Sewer $1,590.00 /Acre plus $180.00 /Unit Waterworks $2,110.00 /Acre plus $475.00 /Unit Storm Sewer $2,630.00 /Acre to $4,300.00 /Acre Passed by the City Council of Oak Park Heights this 22nd day of April, 1996. Barbara O'Neal, Mayor ATTEST: ee obertson City Administrator V • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: April 8, 1996 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 8th day of April, 1996, at 7:00 o'clock p.m. The following members were present: Mayor: �9Ar60,-1 -q O ',&eq ! Councilperson: peen Kerxi, 51, Councilperson: ,Gv16'id SCh�r�i�- Councilperson: lkair[<' 5W(f-- Councilperson: The following members were absent: A)�er, - Member SClc4a . introduced the following Resolution and • moved its adoption: 1 RESOLUTION NO. �6'0�' /� CITY OF OAK PARK HEIGHTS RESOLUTION AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS AND /OR NEGOTIATION OF ACQUISITION OF PARKLAND /WALKWAY AND BIKEPATH EASEMENTS AFFECTING THE ALLAN A. CONNEL, JR. AND GERALDINE CONNEL PROPERTY WHEREAS, the City wishes to acquire real property for the purpose of locating park improvements and /or bike and walkway improvements necessary for the development of the City park system serving all residents within the City of Oak Park Heights with such acquisitions being areas adjacent to and over lands owned by Allan A. Connel, Jr. and Geraldine Connel, husband and wife; and, WHEREAS, the City has determined that the required improvements are necessary to provide for a reasonable park system and provide for the public welfare and safety of the residents of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: • 1. That staff and legal counsel are hereby authorized to Y e initiate condemnation /eminent domain proceedings to acquire real property for park use, bike and walkway utilization over and • affecting property owned by Allan A. Connel, Jr. and Geraldine Connel, husband and wife so as to secure such property to facilitate the development of park properties within the City of Oak Park Heights and to serve existing park structures and park improvements adjacent to said property as the same is affected thereby with such property being legally described in Exhibit A and annexed hereto and incorporated herein by reference. 2. That the staff and legal counsel are authorized to take all necessary steps to acquire possession of the subject property pursuant to Minnesota Statutes §117.01 et seq. 3. That pursuant to this Resolution duly adopted by the City Council and in the interest of public safety and welfare, it is understood that the City employees and agents may be required to enter upon the lands as may be necessary to perform surveying and appraisal activities related to the improvements to be constructed thereon. Whereupon said Resolution was declared duly seconded by member kern and upon vote being taken thereon, the following voted via voice: ollpeq f r jlili'G�'lSG�'l X ern And the following voted against same: Whereupon said Resolution was declared duly passed and adopted. • v • EXHIBIT A All that part of the South 225.00 feet of the Northeast Quarter of the Northwest Quarter of Section 4, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the point of intersection of the northerly line of said South 225.00 feet with the easterly line of the West 332.00 feet of said Northeast Quarter of the Northwest Quarter; thence easterly along said northerly line 209.79 feet, more or less, to the easterly line of that particular parcel as described on Certificate of Title Number 3188, as the same is on file and of record in the office of the Registrar of Titles in and for said Washington County, Minnesota; thence southerly along said easterly line 223.35 feet, more or less, to a point 1.73 feet northerly, as measured along said easterly line, from the southerly line of said northeast Quarter of the Northwest Quarter; thence westerly in a direct line to a point in said easterly line of the West 332.00 feet of the Northeast Quarter of the Northwest Quarter distant 0.57 feet northerly, as measured along said easterly line, from said southerly line of Northeast Quarter of the Northwest Quarter; thence northerly along said easterly line to the point of beginning. Parcel contains 1.0781 acres, more or less. • Subject to easements and agreements of record. Subject to and together with any other valid easements, reservations or restrictions. • 04iO4i9G 07:42 ECKBERG LAW FIRM 4 OPH P10.708 P004 • 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 relates to the resolution of the City of Oak Park Heights authorizing the initiation of Eminent Domain /Condemnation proceedings and /or the negotiation of • easements affecting the Allan A. Connel, Jr. and Geraldine Connell property. WITNESS my hand and the seal of said City this day of / 1 ichael obertson (SEAL) City Administrator • 04/04/96 07:43 ECKBERG LAW FIRM 4 OPH NO.708 P005 EXHIBIT A • All that part of the South 225.00 feet of the Northeast Quarter of the Northwest Quarter of Section 4, Township 29 North, Range 24 West, Washington County, Minnesota, described as follows: Beginning at the point of intersection of the northerly line of said South 225.00 feet with the easterly line of the West 332.00 feet of said Northeast Quarter of the Northwest Quarter; thence easterly along said northerly line 209.79 feet, more or less, to the easterly line of that particular parcel as described on Certificate of Title Number 3188, as the same is on file and of record in the office of the Registrar of Titles in and for said Washington County, Minnesota; thence southerly along said easterly line 223.35 feet, more or less, to a point 1.73 feet northerly, as measured along said easterly line, from the southerly line of said northeast Quarter of the Northwest Quarter; thence westerly in a direct line to a point in said easterly line of the west 332.00 feet of the Northeast Quarter of the Northwest Quarter distant 0.57 feet northerly, as measured along said easterly line, from said southerly line of Northeast Quarter of the Northwest Quarter; thence northerly along said easterly line to the point of beginning. Parcel contains 1.0781 acres, more or less. Subject to easements and agreements of record. Subject to and together with any other valid easements, • reservations or restrictions. • • RESOLUTION 96 -04 -09 A RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS IN CONNECTION THEREWITH WHEREAS, Minnesota Statutes Section 471.59 (the Joint Powers Act) provides among other things that governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties; and, WHEREAS, the Minnesota Municipal Money Market Fund was formed in April 1987 pursuant to the Joint Powers Act by the adoption of a joint powers agreement in the form of a Declaration of Trust by a group of Minnesota Municipalities acting as the Initial Participants thereof; and, WHEREAS, the Declaration of trust has been presented to this Council; and, WHEREAS, the Declaration of Trust authorizes municipalities of the State of Minnesota to adopt and enter into the Declaration of Trust and become Participants of the Fund; and, • WHEREAS, this Council deems it to be advisable for this municipality to adopt and enter into the Declaration of Trust and become a Participant of the Fund for the purpose of the joint investment of this municipality's monies with those of other municipalities so as to enhance the investment earnings accruing to each; and, WHEREAS, this Council deems it to be advisable for this municipality to make use from time to time, in the discretion of the officials of the municipality identified in Section 2 of the following Resolution, of the Fixed Rate Program available to Participants of the Fund. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. This municipality shall join with other municipalities in accordance with the Joint Powers Act by becoming a Participant of the Fund and adopting and entering into the Declaration of Trust, which is adopted by reference herein with the same effect as if it had been set out verbatim in this resolution, and a copy of the Declaration of Trust shall be filed in the minutes of the meeting at which this Resolution was adopted. The City Administrator of this municipality is hereby authorized to take such actions and execute any and all such documents as they may deem necessary and appropriate to • effectuate the entry of this municipality into the Declaration of Trust and the adoption thereof by this municipality. Section 2. This municipality is hereby authorized to invest its available monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the • Declaration of Trust. The following officers and officials of the municipality and their respective successors in office each hereby are designated as "Authorized Officials" with full powers and authority to effectuate the investment and withdrawal of monies of this municipality from time to time in accordance with the Declaration of Trust and pursuant to the Fixed Rate Program available to Participants of the Fund: Judy L. Holst, Deputy Clerk /Finance Director 4 Print Name /Title Si ture Ir Barbara O'Neal, Mayor Q Pri Name/Title Signature Print Name /Title Signature Print Name /Title Signature The administrator shall advise the Fund of any changes in Authorized Officials in accordance with procedures established by . the Fund. Section 3. The Trustees of the Fund are hereby designated as having official custody of this municipality's monies which are invested in accordance with the Declaration of Trust. Section 4. State banks, national banks, and thrift institutions located either within or outside of the State of Minnesota which qualify as depositories under Minnesota law and are included on a list approved and maintained for such purpose by the Investment Advisor of the Fund are hereby designated as depositories of this municipality pursuant to Minnesota Statutes Section 118.005 and monies of this municipality may be deposited therein, from time to time in the discretion of the Authorized Officials, pursuant to the Fixed Rate Program available to Participants of the Fund. It is hereby certified that City of Oak Park Heights duly adopted the Model resolution at a duly convened meeting of the board held on the day of , 199C , and that such Resolution is in full force an ffect on this date, and that such Resolution has not been modified, amended, or rescinded since its adoption. ignature esf a ministrator Date of municipality • CITY OF OAK PARK HEIGHTS RESOLUTION 96 -03 -08 A RESOLUTION WAIVING THE INTEREST CHARGES FOR RALPH s SHIRLEY GREEN WITH REGARD TO PAYbMgT OF THE 1995 STREET RECONSTRUCTION ASSESSMENT WHEREAS, the City Council finds that the City did mail notice to Ralph and Shirley Green of 1416 55th Street for the 1995 Street Reconstruction assessment; and, WHEREAS, the City Council for the City of Oak Park Heights finds that, through no fault of their own, Ralph and Shirley Green of • 14416 North 55th Street did not receive notice of said assessment; and, WHEREAS, Ralph and Shirley Green wish to pay the said assessment in full, and would have done so before the end of 1995 if they had received the Notice of Assessment, therefore avoiding any interest charges. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAR PARR HEIGHTS, AS FOLLOWS: That Washington County waive the interest charges for Ralph and Shirley Green of 14416 North 55th Street, PID number 61460 -3300, as long as the entire assessment is paid. Passed by the City Council of Oak Park Heights this 25th day of March, 1996. Barbara O'Neal, Mayor • ATTEST: Michael Robertson City Administrator • • CITY OF OAK PARK HEIGHTS • RESOLUTION 96 -02 -07 A RESOLUTION APPOINTING DAVID SCHAAF TO THE BROWN'S CREEK WATER MANAGEMENT ORGANIZATION WHEREAS, Councilmember David Schaaf has shown through his untiring public service, his relentless attention to detail, and his dedication to democratic ideals that he would be an excellent City of Oak Park Heights representative to the Brown's Creek Water Management Organization. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS, AS FOLLOWS: That Councilmember David Schaaf is hereby appointed the City of Oak Park Heights representative to the Brown's Creek water Management Organization, with Mayor Barbara O'Neal appointed as alternate. Passed by the City Council of Oak Park Heights this 26th day of February, 1996. • Barbara O'Neal, Mayor ATTEST: �Mic easi City Administrator • CITY OF OAK PARK HEIGHTS • RESOLUTION 96 -02 -06 A RESOLUTION COMMENDING LYMAN GEARY FOR 35 YEARS OF SERVICE TO THE COMMUNITY WHEREAS, Lyman Geary has retired from the Stillwater Area School Board after 35 years of service, and; WHEREAS, those 35 years of service have marked his deep civic concern, and; WHEREAS, those 35 years have shown his deep pride in the education of area youth, and; WHEREAS, those 35 years of service have repeatedly demonstrated his integrity. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS, AS FOLLOWS: That Lyman Geary is hereby commended for his 35 years of . community service with the Stillwater Area School District Board, and that he is regarded as an outstanding example of a public servant. Passed by the City Council of Oak Park Heights this 12th day of February, 1996. Barbara O'Neal, Mayor ATTEST: A ae4ertson City Administrator • CITY OF OAK PARK HEIGHTS • RESOLUTION 96 -02 -05 A Resolution Approving the Application of Hockey Stillwater St. Croix Valley Amateur Association for Gambling Control Board Premises Permit for Operation of Gambling Activities within the City of Oak Park Heights WHEREAS, Hockey Stillwater St. Croix Valley Amateur Association has applied with the State of Minnesota Gambling Control Board for a premises permit to operate a gambling activity at the site of the Millroad Inn, 15506 North 59th Street, within the City of Oak Park Heights; and, WHEREAS, the application would be effective for calender year 1996; and, WHEREAS, the City of Oak Park Heights has reviewed the application of Hockey Stillwater St. Croix Valley Amateur Association and finds that its purposes meet the necessary community standards, proceeds being dedicated to support of youth 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 Hockey Stillwater St. Croix Valley Amateur Association 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 Hockey Stillwater St. Croix Valley Amateur Association, with the State of Minnesota Gambling Control Board to operate gambling activities upon the site of the Millroad Inn at 15506 North 59th Street within the City of Oak Park Heights for calender year 1996 be and the same are hereby approved. Passed by the City Council of Oak Park Heights this 12th day of February, 1996. Mayor Attest: ��J - — • �C�ity mir�i RESOLUTION NO. ` 01— 6) Z! • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING THE REQUEST FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT A STREET FOR MUNICIPAL PURPOSES ACROSS THE NSP PROPERTY CONNECTING OSGOOD AVENUE TO 59TH STREET WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the City of Oak Park Heights has for several months been in the process of discussing with the Minnesota Department of Transportation the City's needs to locate a municipal street connecting Osgood Avenue to 59th Street and also serve as part of the South Frontage Road design of Highway 36 from Osgood Avenue to Club Tara as well; and, WHEREAS, the City has requested that the Minnesota Department of Transportation consider the inclusion of this entire roadway in its plans to construct /reconstruct Highway 36 as part of the bridge project; and, WHEREAS, the City has requested the design of the Street of a typical section of roadway used for municipal purposes being two 14 foot lanes with curb and cutter and a separated bike trail; and, • WHEREAS, the Minnesota Department of Transportation has evaluated the feasibility of these changes as proposed by the City and determined that it is feasible within their project to provide that construction; and, WHEREAS, the Minnesota Department of Transportation pursuant to its correspondence directed to the City of Oak Park Heights of January 5, 1996 has offered to include the entire roadway in its plans and would construct the street to the width requested by the City with location of the bike trail differing slightly in order to avoid the taking of additional right -of -way and further proposes that the Minnesota Department of Transportation pay for the entire cost of the road and bike path; and, WHEREAS, the Minnesota Department of Transportation has requested that the City of Oak Park Heights would, however, agree to the ownership and maintenance of the street once construction was complete. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the offer of the Minnesota Department of Transportation as is set forth in its correspondence of January 5, 1996 executed by Mark D. Benson, (Exhibit A) preliminary design engineer and • directed to the City's Administrator, Michael J. Robertson, be and . the same is hereby approved and the City does hereby agree with the Minnesota Department of Transportation that following construction of the roadway in question, the City agrees to own and maintain the entire street from Osgood Avenue to 59th Street. Passed by the City Council for the City of Oak Park Heights this 22nd day of January, 1996. Barbara H. O'Neal, Mayor ATTEST: Achael City Administrator • • I EXHIBIT A Enclosure 9 Minnesota Department of Transportation Metropolitan Division Waters Edge Building • a 1500 West County Road B2 OF Tft Roseville, Minnesota 55113 January 5, 1996 Mr. Mike Robertson City Administrator City of Oak Park Heights 14168 N. 57th Street PO Box 2007 Oak Park Heights, MN 55128 Dear Mr. Robertson: This letter s.-r;es to formalize a number of phone and meeting discussions we have had over the last fc• months concerning the proposed city street across the NSP property. We have been considering all the options for the construction of this city street. As you know we previously agreed to finance the construction of this street with the city performing the design and construction. Now that more detailed construction timing and staging information is available we have concern over our earlier decision. MrYDOT believes it would be best for us to build the street for the City as part of our major project. When we met to discuss TH 36 issues on November 14, you asked that Mn/DOT consider a redesign of the South Frontage Road from Osgood Avenue to Club Tara as well. The typical section of the roadway you requested is two 14 foot lanes, curb and gutter, and a separated bike trail. We have evaluated the feasibility of this change and determined that we can do it. This now provides the opportunity for a consistent road section between Osgood Avenue and 59th Street. Mn/DOT will include this entire roadway in our plans and construct the street to the width requested by the city. However, the location of the trail will differ slightly in order to avoid taking additional right-of-way. The trail will be located immediately behind the curb with no additional berming. In recognition that this road is being built for local access needs, we will need the City of Oak Park Heights to agree to ownership and maintenance of the street once construction is complete. We believe this is a win-win agreement for the City of Oak Park Heights and Mn/DOT. The costs of constructing this street will be paid by Mn/DOT. Please reply back to me with your reaction to this proposal. YJc-)&L11 need a resolution from the council requesting that we bu-'.- the street across the NSP property, along with an agreement too own and maLritain the entire street from Osgood Avenue to 59th Street. Sincerely, P, ' t .' )AP, Mark D. Benson Preliminary Design Engineer cc: Don Johnson, Jeff Gibbens, Sherry Narusiewizc, Harold Larson, Donajo Heikes (mdb/R0BS0F1D0C] An Equal Opportunity Employer CITY OF OAK PARK HEIGHTS RESOLUTION 96 -01 -03 A RESOLUTION APPROVING MIDDLE ST. CROIX WATER MANAGEMENT ORGANIZATION JOINT POWERS AGREEMENT WHEREAS, the City of Oak Park Heights has been a member of the St. Croix Water Management Organization and has received significant benefits from membership. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, that the new Joint Powers Agreement with the Middle St. Croix Water Management Organization is hereby approved. Passed by the City Council of Oak Park Heights this 8th day of January, 1996. a-t- a Barbara O'Neal, Mayor ATTEST: ,, '��Michael Robertson City Administrator • • CITY OF OAK PARK HEIGHTS RESOLUTION 96 -01 -02 A RESOLUTION APPROVING SEWER RATE INCREASE EFFECTIVE JANUARY 1, 1996 WHEREAS, Chapter 1001 of the Code of Ordinances of the City of Oak Park Heights regulates the use of municipal sewer and certain charges related thereto; and, WHEREAS, the City Council of the City of Oak Park Heights has received the recommendation from the City Engineer with regard to the establishment of sewer rates for 1996; and, WHEREAS, in reviewing the estimated costs the City will experience connected with the increase in sewer charges to it by the Metropolitan Council Environmental Services Department, the City Council has determined that it is in the best interests of the City of Oak Park Heights to increase sewer rates to pay for these increased charges effective January 1, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, as follows: • 1. Effective January 1, 1996, the minimum sewer charge per quarter for up to 15,000 gallons of water usage shall be $31.50. 2. Effective January 1, 1996, the sewer charge per quarter for over 15,000 gallons of water usage shall be $1.95 per 1,000 gallons. 3. That all other charges related to water and sewer usage and connection shall remain in effect as they were in 1995. Passed by the City Council of Oak Park Heights this 8th day of January, 1996. Barbara O'Neal, Mayor ATTEST: • Michael Robertson City Administrator CITY OF OAK PARK HEIGHTS RESOLUTION 96 -01 -01 A RESOLUTION DESIGNATING 1996 CHECKING & BANK DEPOSITORIES BE IT RESOLVED, that the City Council of Oak Park Heights designates the following as the official 1996 checking and 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 4M Fund - Investments Juran & Moody, Inc. - Investments Passed by the City Council of Oak Park Heights this 8th day of January, 1996. • Barbara O'Neal, Mayor ATTEST: Michael obertson City Administrator •