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1995 Resolutions
CITY OF OAK PARK HEIGHTS RESOLUTION 95 -12 -58 A Resolution Approving the Application of Veterans of Foreign Wars Post 323 for Gambling Control Board Premises Permit for Operation of Gambling Activities within the City of Oak Park heights WHEREAS, VFW Post 323 has applied with the state of Minnesota Gambling Control Board for a premises permit to operate a gambling activity at the site of VFW Post 323, 5880 Omaha Avenue, 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 VFW Post 323 and finds that its purposes meet the necessary community standards, proceeds being dedicated to support of charitable activities within the St. Croix Valley; and, WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of 40 the renewal application for the premises permit as applied for by VFW Post 323 with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of VFW Post 323 with the state of Minnesota Gambling Control Board to operate gambling activities on the site of VFW Post 323 at 5880 Omaha Avenue 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 11th day of December, 1995. M or Attest: i City- Adminis ra or CITY OF OAK PARK HEIGHTS RESOLUTION 95 -12 -57 A Resolution Approving Annual Cigarette and Amusement Licenses for Walmart WHEREAS, the City Council for the City of Oak Park Heights has received application for annual cigarette and amusement licenses from Walmart, Inc., which is located within the City limits. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that cigarette and amusement licenses for Walmart, inc. are hereby approved. Passed by the City Council of Oak Park Heights this 11th day of December, 1995. Mayor Attest: City Admirxr rator CITY OF OAK PARK HEIGHTS RESOLUTION 95 -12 -56 A Resolution Making Budget Transfers for the 1995 Budget NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby makes the following budget transfers for the 1995 Budget. 1. Decrease Police- Professional & Consultant Services $4,500. 2. Increase Police - Machinery & Auto Equipment $4,500. Passed by the City Council of Oak Park Heights this 11th day of December, 1995. G Mayor Attest: City A ministrator CITY OF OAK PARK HEIGHTS RESOLUTION 95 -12 -55 A Resolution Authorizing Fund Transfers NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby makes the following fund transfers. 1. Transfer $17,888.74 from 58th Street Improvements Phase I to Closed Bond Fund. 2. Transfer $345,000 from Closed Bond Fund to 58th Street Improvements Phase II. 3. Transfer $15,854 from Renewal /Replacement Fund to Street Reconstruction Fund. 4. Transfer $145,800 from TIF Fund to Street Reconstruction Fund. 5. Transfer $35,000 from Street Reconstruction Fund to General Fund, funds designated for Comprehensive Plan Revision. 6. Transfer $15,000 from AAE Sanitary Sewer Connection Fund to 1993 General Obligation Crossover Refunding Bonds Fund. 7. Transfer $80,000 from AAE Water Works Connection Fund to 1993 General Obligation Crossover Refunding Bonds Fund. I Passed by the City Council of Oak Park Heights this 11th day of December, 1995. (�-� U L Mayor Attest: .�� City Administrator • CITY OF OAK PARK HEIGHTS i RESOLUTION 95- A RESOLUTION ADOPTING METROPOLITAN LIVABLE COMMUNITIES ACT HOUSING GOALS FOR AFFORDABLE AND LIFE CYCLE HOUSING. CALENDER YEAR 1996 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 City of Oak Park Heights has agreed to participate in the Livable Housing Incentives Program under the Metropolitan Livable Communities Act during calender year 1996 through Resolution 95 -10 -45 adopted by the Oak Park Heights City Council on the 24th day of October 1995; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each Municipality to establish affordable and life cycle housing goals for that Municipality that are consistent with and promote the policies of the • Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, the City of Oak Park Heights is committed to maintain a housing supply within the benchmark ranges for affordability, life cycle and density as provided by the Metropolitan Council in the Housing Goals Agreement as amended for the loss of affordable housing caused by the State of Minnesota initiated new St. Croix River Bridge. NOW THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights hereby adopts the following goals for density, affordability, and life cycle housing for 1996: 1) The City of Oak Park Heights supports the following principles: a. A balanced housing supply, with housing available for people at all income levels. b. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. C. A variety of housing types for people in all stages of the life - cycle. d. A community of well- maintained housing and neighborhoods, • including ownership and rental housing. e. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. f. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. 2) The City of Oak Park Heights agrees to maintain the affordability, life cycle and density indexes provided in the Housing Goals Agreement with the condition that the agreement be revised to reflect the City's loss of affordable housing caused by the State of Minnesota new St. Croix River Bridge. 3) The City of Oak Park Heights shall commit an amount of at least $163.00 yearly for the maintenance of affordable and life cycle housing. 4) The City of Oak Park Heights shall provide in its draft Comprehensive Plan policies, goals and plans that will address affordable and life cycle objectives of the Metropolitan Livable Communities Act. 5) The City of Oak Park Heights shall submit a plan to the Metropolitan Council by June 30, 1996 indicating the actions it will take to carry out the above goals. PASSED by the City Council of Oak Park Heights this 11 th day of December 1995. Barb O'Neal, Mayor Mike Robertson, City Administrator • 2 CITY OF OAK PARK HEIGHTS RESOLUTION 95 -12 -53 A Resolution Approving 1996 Budget WHEREAS, the City staff has prepared and submitted to the City Council the proposed budget for calender year 1996; 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: 1. That the 1996 budget is hereby approved as presented by the City Finance Director in the total general fund amount of • $1,950,605.00. Passed by the City Council of Oak Park Heights this 11th day of December, 1995. � Mayor Attest: City Admin'sfrator • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -12 -52 A Resolution Approving 1996 Tax Levy WHEREAS, the City Staff has prepared and submitted to the City Council the proposed general fund levy for calender year 1996; and, WHEREAS, public notice has been duly given as provided by law with public hearings 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 of Oak park Heights: 1. That the City Clerk is hereby authorized and directed to certify to the Washington County Auditor - Treasurer the General Fund levy for the City of Oak Park Heights for calender year 1996 in the amount of $1,367.545.00. 2. That the City Clerk is also authorized and directed to certify to the County Auditor - Treasurer the sum of $23,840.00 for improvements to Storm Sewer Improvement Tax District No. 1, to be collected in calender year 1996 with real estate taxes on the affected properties. Passed by the City Council of Oak Park Heights this 11th day of December, 1995. ! Cka _ yor Attest: City Admi" nistrator • • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -11 -51 A Resolution Approving Proposed Annual Liquor, Cigarette, and Amusement Licenses WHEREAS, the City Council for the City of Oak Park Heights has received applications for annual liquor, cigarette, and amusement licenses from businesses located within the City limits. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that the following licenses (See Exhibit A) are hereby approved. Passed by the City Council of Oak Park Heights this 27th day of November, 1995. 0�'L Attest: yor y A mirfistrator • RESOLUTION NO. 6 k - 5 i CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA 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 calendar 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 hockey 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 IS 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 calendar year 1996 be and the same are hereby approved. Passed by the City Council for the City of Oak Park Heights this 27th day of November, 1995. Barbara H. O'Neal, Mayor ATTEST: • Michael Y.oberton City Administrator L • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -11 -49 A Resolution Making Budget Transfers for the 1995 Budget WHEREAS, the City Council finds it in the best interests of the City to transfer the following monies for the 1995 budget. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby makes the following budget transfers for the 1995 Budget. 1. Increase General Management Professional & Consultant Services $2,000 2. Increase General Management Printing & Publishing $1,100 3. Decrease Miscellaneous Expenses (Annual Picnic) $3,100 4. Increase Planning & Zoning $10,000 S. Decrease Municipal Building Utilities $2,000 • 6. Decrease Public Works Street Maintenance Other Contractual Services $4,000 7. Decrease Mayor & Council Professional & Consultant Services $3,000 8. Decrease General Management Insurance General Liability $1,000 9. Increase Building Inspections Professional & Consultant Services $20,000 10. Decrease Building Inspections Salaries of Regular Employees $8,500 11. Increase Building Permit Revenue $11,500 12. Decrease City Clerk - Salaries of Temporary Employees $10,000 13. Increase Revenues - Building Permits $5,600 14. Increase Revenues - Interest on Investments $1,900 15. Increase Mayor & Council Capital Outlay Furniture & • Equipment $2,100 • 16. Increase City Clerk Capital Outlay Furniture & Equipment $15,400 Passed by the City Council of Oak Park Heights this 27th day of November, 1995. 1�� r Attest: 1 y Administratfr • • r A • RESOLUTION NO. 95 -11 -48 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ESTABLISHING PRACTICES TO BE IMPLEMENTED BY THE BUILDING INSPECTION DEPARTMENT TO ASSURE COMPLIANCE WITH DEVELOPMENT AGREEMENTS ON CITY ORDINANCES AFFECTING LOT GRADES, BUILDING PAD ELEVATIONS, SITE DRAINAGE AND COMPLIANCE WITH DESIGN STANDARDS ESTABLISHED WITHIN THE ORDINANCES OF THE CITY OF OAK PARK HEIGHTS WHEREAS, the City of Oak Park Heights as previously established by Ordinance various design standards both within the building and zoning codes affecting the requirement of builders and property owners to establish lot grades, building pad elevations, corner monuments, drainage ways and water courses prior to, during and after the time of construction so as to demonstrate compliance with the terms and provisions of the individual development agreements and the ordinances of the City of Oak Park Heights otherwise requiring same; and, WHEREAS, the City of Oak Park Heights has experienced the altering of established grades, the filling of water courses, failure to construct and establish building pad elevations and • other problems that could have been resolved had the builders, developers and owners of land properly complied with same; and, WHEREAS, non - compliance with the terms and provisions of the appropriate development agreements and the city ordinances affecting these issues, create neighborhood problems effecting the value of properties within the neighborhood and having an impact on established water courses, drainage and water pathways throughout 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. That prior to the issuance and /or approval of a building permit and /or a certificate of occupancy by the Chief Building Official for the City of Oak Park Heights, the developer /owner of the affected property shall certify that all lot grades before and after construction meet or exceed the standards set forth within the original grading plan as has been approved by the City of Oak Park Heights and that the building pad is located and established at the approved elevation set forth within the original grading plan or otherwise approved by the office of the City Engineer. Such certification shall be completed by a Registered Surveyor. Any and all lots occupied after November 15th and /or before April 30th of each year shall come into compliance by May 31st of each • year. Survey certification requirements shall be guaranteed by the Developer /Owner who may be required to post a cash escrow with the . Office of the City Administrator for the City of Oak Park Heights in the amount of $1,000.00 per lot pending final certification of the property grades and building pad elevation by a Registered Surveyor. Additionally, the Developer /Owner shall certify that all corners on any lot have been identified and marked by appropriate survey pins or monuments which shall also be completed by a Registered Surveyor. Additionally, the Developer /Owner shall verify that the corner pins denoting the lot as have been placed by the Surveyor are in place at the time of issuance of the Certificate of Occupancy. Such certification shall also be completed only by a Registered Surveyor. FURTHER BE IT RESOLVED, that the Building Official for the City of Oak Park Heights, shall require of every Developer /Owner of property that they produce at the time of application of a building permit a survey demonstrating the lot lines and establishing elevation with 2 foot contours as shown upon the survey drawing. BE IT FURTHER RESOLVED, that the Building Inspection Department shall coordinate with the public utility department of the City of Oak Park Heights to assure that municipal utilities and meters are not installed or activated upon the property until compliance has been met with the terms and provisions of this Resolution. Passed by the City Council for the City of Oak Park Heights this j3f6 day of November, 1995. ara H. O'Neal, Mayor ATTEST: L''Michae`l � "Robertson City Administrator • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: October 30, 1995 Pursuant to due call and notice thereof, a special meeting of the City Council for the City of Oak Park Heights, Washington County, Minnesota was duly held at the City Municipal Building within said City on the 30th day of October, 1995, at 7:00 o'clock p.m. The following members were present: Acting Mayor: Dean Kern, Sr. Councilperson: Mark Swenson Councilperson: David Schaaf Councilperson: Janet Robert The following members were absent: Mayor: Barbara H. O'Neal Member Schaaf introduced the following Resolution and moved • its adoption: RESOLUTION NO. 95 -10 -47 CITY OF OAK PARK HEIGHTS RESOLUTION ADOPTING ASSESSMENT ON 1995 STREET IMPROVEMENT PROJECT WHEREAS, pursuant to Notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed assessment for the Street Improvement Project of 1995 and has amended such proposed assessment as it deems just. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefited by the proposed improvement. 2. Such assessment shall be as follows: a. The assessment shall be payable in equal annual • installments extending over a period of 10 years, the first of said installments to be payable with the general • taxes for the year 1996, collectible with such taxes during the year 1996. b. To the first installment shall be added interest at the rate of 6.5% per annum on the entire principal amount of the assessment from the date of this Resolution until December 31st of the year in which such installment is payable. To each subsequent installment, when due, there shall be added interest for one year at said rate on the unpaid principal amount for the assessment. C. The owner of any property so assessed may, at any time, prior to the certification of the assessment or the 1st installment thereof to the County Auditor /Treasurer pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Treasurer except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the date hereof; and such property owner may, at any time, prior to November 15th of any year, pay to the County Auditor the entire principal amount of the assessment remaining due within interest accrued to December 31st for the year in which said payment is made. 3. The City Administrator shall forthwith transmit a • certified duplicate of this assessment to the County Auditor to be extended on the tax list at the County. Whereupon, a Motion for the adoption of the foregoing Resolution was duly seconded by Member Robert and upon a vote being taken thereon, the following voted in favor thereof: Councilperson: Mark Swenson Councilperson: David Schaaf Councilperson: Janet Robert Acting Mayor: Dean Kern, Sr. And the following voted against same: None Whereupon said Resolution was declared duly passed and adopted. • r , • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I. the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of the special meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of the special meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relates to the resolution of the City of Oak Park Heights authorizing the assessments for the Street Reconstruction and Related Improvements of 1995 Project. WITNESS my hand and the seal of said City this 315 day of 1995. 4 Zae 1* ertson (SEAL) City Administrator • a EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: October 30, 1995 Pursuant to due call and notice thereof, a special meeting of the City Council for the City of Oak Park Heights, Washington County, Minnesota was duly held at the City Municipal Building within said City on the 30th day of October, 1995, at 7:00 o'clock p.m. The following members were present: Acting Mayor: Dean Kern, Sr. Councilperson: Mark Swenson Councilperson: David Schaaf Councilperson: Janet Robert The following members were absent: Mayor, Barbara H. O'Neal The meeting was held pursuant to a Resolution adopted • September 25, 1995 calling a public hearing on the proposed 1995 street improvement project within said City, as more particularly described in the Notice of Public Hearing ordered at said meeting, a copy of which is annexed hereto. The City Administrator presented the Affidavit showing due and proper publication and mailing of the Notices of Hearing and the Mayor announced that the Council would hear all persons who cared to be heard for or against the improvements as outlined within the Notice of Hearing. All persons present were afforded an opportunity to present their views and objections to the making of said improvements, and no objections were presented except as follows: See Attached. Member Schaaf introduced the following Resolution and moved its adoption: RESOLUTION NO. 95 -10 -46 CITY OF OAK PARK HEIGHTS RESOLUTION ORDERING 1995 STREET IMPROVEMENTS WHEREAS, after due call and Notice of Public Hearing on the construction of the 1995 Street Improvement Project for the City of Oak Park Heights, Minnesota, hearing on said improvements was duly held and Council heard all persons desiring to be heard on the matter and fully considered same. 11/01/95 09:26 ECKBERG LAW FIRM 4 OPH NO.293 P002 0. • NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. As advisable, expedient and necessary that said improvements as described in the Notice of Hearing thereon be constructed, and the same are hereby ordered made. Whereupon, a Motion for the adoption of the foregoing Resolution was duly seconded by Member Robert and upon a vote being taken thereon, the following voted in favor thereof: Acting Mayor: Dean Kern, Sr. Councilperson: David Schaaf Councilperson: Janet Robert And the following voted against same: None • Whereupon said Resolution was declared duly passed and adopted. • k • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of the special meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of the special meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relates to the resolution of the City of Oak Park Heights authorizing the order for the Street Reconstruction and Related • Improvements of 1995 Project. WITNESS my hand and the seal of said City this 3 day of 0 C40 r 1995. 1 �4 Alchae Ro - e (SEAL) City Administrator • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -10 -45 A Resolution Electing to Participate In The Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act Calender Year 1996 WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 225) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes 473.121; and, WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, Livable Communities Demonstration Account, and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and, WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or is not eligible to receive certain polluted • sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes 473.254; and, WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and, WHEREAS, by June 30, 1996 each community must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and, WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life cycle housing goals for each municipality by January 15, 1996; and, WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and, • WHEREAS, for calender year 1996, a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1995; (b) the Metropolitan Council and the municipality successfully negotiate affordable and life -cycle housing goals for the municipality; and © by January 15, 1996 the Metropolitan Council adopts by resolution the negotiated affordable and life -cycle housing goals for each municipality. NOW THEREFORE, BE IT RESOLVED THAT the City of Oak Park Heights, Minnesota hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calender year 1996, with the following condition; 1) The City of Oak Park Heights Goals shall be revised per agreement with Metropolitan Council staff to reflect the City's loss of affordable housing caused by the State of Minnesota initiated New St. Croix River Bridge. Passed by the City Council of Oak Park Heights this 24th day of October, 1995. or Attest: ity Adm.�iistrator i M1 t RESOLUTION 2 1q CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING STANDARDS AND GUIDELINES FOR LOW AND MODERATE INCOME HARDSHIP QUALIFICATIONS AND ESTABLISHING ELIGIBILITY FOR SPECIAL ASSESSMENT DEFERRAL WHEREAS, the City Council for the City of Oak Park Heights recognizes that circumstances may occur for homeowners within the City of Oak Park Heights whereby they may experience a reduction of family income or otherwise have income at a low level which imposes a financial hardship upon the family to be making payments on special assessments; and, WHEREAS, the City Council desires to adopt this Resolution establishing standards and guidelines for determining the existence of a financial hardship for eligibility for consideration on matters effecting deferment of special assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAR PARR HEIGHTS, WASHINGTON COUNTY, MINNESOTA: • That the following standards and guidelines for determining the existence of a financial hardship qualifying residence for consideration and deferment of special assessments are hereby established: 1. Persons seeking deferment of a special assessment imposed by the City shall have the following qualifications: A. Be the record owner of the property proposed to be assessed, which property shall be the homestead of the applicant (for the purposes of application of this paragraph, an individual or individuals who possess a life estate over property which they have qualified as their homestead shall be treated as if they were the record owners of the property proposed to be assessed) and; B. The total amount of any assessment proposed to be deferred under the terms hereof must be in excess of the sum of $1,000.00; C. The average annual payment for all assessments to the homestead must exceed 1 of the adjusted gross annual income of the applicant. D. The total assets of the applicant must not exceed • the sum of $50,000.00 excluding the value of the homestead. E. The annual household income of the applicant and • the applicant's spouse and /or other adult members of the household, shall not exceed that which is set forth on Attachment A within the calendar year during which the assessment is being deferred. 2. A person seeking a deferment of assessments shall make application to the City annually on forms prescribed by the City Administrator together with such other information as required by the City. The application shall be dated and shall contain a certification by the applicant of the information therein or made a part thereof as true and correct. The application shall contain a financial statement in a form customarily used by a lending institution and shall contain a copy of the previous year's Minnesota income tax return if one was prepared or submitted to the state. 3. Simple interest shall accrue on an assessment deferred by the Council until the same is paid in full, the rate of interest to be that rate of interest as applied to the assessment as levied. 4. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the • occurrence of any one of the following events: A. the death of the applicant when there is no spouse who is eligible for deferment; B. the sale, transfer or subdivision of all or any part of the property; C. the loss of homestead status on the property; D. the determination by the City Council for any reason that there would be no hardship to require immediate, complete or partial payment; E. notwithstanding any provision herein contained restricting hardship, the City Council may consider exceptional and unusual circumstances pertaining to an applicant not covered under the standards and guidelines herein set forth. However, any determination shall be made a nondiscriminatory manner and shall not give the applicant an unreasonable preference or advantage over other applicants. 5. As to all assessments so deferred under the terms of this Resolution, the City of Oak Park Heights hereby • determines that the deferred assessment with interest when paid, shall under no circumstances be collected in an amount greater than would have been collected had the • assessment not been deferred and paid when due, assuming payment on an annual basis over the entire term of the assessment. 6. The City Council shall annually review all deferments previously made pursuant to the standards and guidelines set forth herein. Passed by the City ouncil for the City of Oak Park Heights this day of ©e,+Obe✓ 1995. ORDER OF THE COUNCIL B ara H. O' 14eal Mayor Attest: iNllchael J. obertson City Administrator • • INCOME GUIDELINES 100% of the official poverty level, as defined by the appropriate Federal Department 45 C.F.R., Section 1611.3, for 1994; this maximum income is: FAMILY SIZE 100% 1 $ 9,200.00 2 12,300.00 3 15,400.00 4 18,500.00 5 21,600.00 6 24,700.00 7 27,800.00 8 30,900.00 For each additional person in the household add: $ 3,100.00 /annually • RESOLUTION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING STANDARDS AND GUIDELINES FOR SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP FOR SPECIAL ASSESSMENT DEFERRAL WHEREAS, Minnesota Statute Chapter 435.193 provides that a statutory city making a special assessment may in its discretion defer the payment of that assessment for any homestead property owned by a person 65 years of age or older, or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; and, WHEREAS, said statute further provides that a statutory city shall adopt an ordinance or resolution establishing standards and guidelines for determining the existence of a hardship for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA: • That the following standards and guidelines for determining the existence of a hardship and for determining the existence of a disability are hereby established: 1. Persons seeking deferment of a special assessment imposed by the City shall have the following qualifications: A. Be the record owner of the property proposed to be assessed, which property shall be the homestead of the applicant (for the purposes of application of this paragraph, an individual or individuals who posses a life estate over property which they have qualified as their homestead shall be treated as if they were the record owners of the property proposed to be assessed) and; B. Be 65 years of age or older or be retired by virtue of or demonstrate total disability based upon the following guidelines: 1. total and permanent loss of sight in both eyes; 2. loss of both arms at the shoulder; 3. loss of both legs so close to the hips that no • artificial members can be used; I • 4. complete and permanent paralysis; S. total and permanent loss of mental faculties; or 6. any other injury which totally incapacitates the applicant from working at an occupation which brings him an income; C. Further, the total amount of any assessment proposed to be deferred under the terms hereof must exceed the sum of $1,000.00. D. The average annual payment for all assessments to the homestead must exceed 1% of the adjusted gross annual income of the applicant. E. The total assets of the applicant must not exceed the sum of $50,000.00 excluding the value of the homestead. F. The annual household income of the applicant and the applicant's spouse, if any, shall not exceed that which is set forth on Attachment A within the calendar year during which the assessment is being deferred. • 2. A perso seeking a deferment of assessments shall make applica -Lon to the City on forms prescribed by the City Administrator together with other information as required by the City. The application shall be dated and shall contain a certification by the applicant of the information therein or made a part thereof as true and correct. The application shall contain a financial statement in a form customarily used by a lending institution and shall contain a copy of the previous year's Minnesota income tax return if one was prepared or submitted to the state. 3. Simple interest shall accrue on an assessment deferred by the Council until the same is paid in full, the rate of interest to be that rate of interest as applied to the assessment as levied. 4. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any one of the following events: A. the death of the applicant when there is no spouse who is eligible for deferment (or, in the case of • those individuals having a life estate over 2 • property which they have claimed homestead, the death of the life tenant when there is no surviving spouse who is also named as a life tenant within the deed of conveyance creating the life tenancy, who is also eligible for the deferment); B. the sale, transfer or subdivision of all or any part of the property; C. the loss of homestead status on the property; D. the determination by the City Council for any reason that there would be no hardship to require immediate, complete or partial payment; E. Notwithstanding any provision herein contained restricting hardship, the City Council may consider exceptional and unusual circumstances pertaining to an applicant not covered under the standards and guidelines herein set forth. However, any determination shall be made a nondiscriminatory manner and shall not give the applicant an unreasonable preference or advantage over other applicants. S. As to all assessments so deferred under the terms of this • Resolution, the City of Oak Park Heights hereby determines that the deferred assessment with interest when paid, shall under no circumstances be collected in an amount greater than would have ' collected had the assessment not been deferred and paid when due, assuming payment on an annual basis over the entire term of the assessment. 6. The City Council shall annually review all deferments previously made pursuant to the standards and guidelines set forth herein. Passed by the City C uncil for the City of Oak Park Heights this day of ��,�� -eY 1995. BY ORDER OF THE CO arbara H. O'Neal Mayor Attest: / Mic ae J. ober t s n • City Administrator 3 INCOME GUIDELINES 100% of the official poverty level, as defined by the appropriate Federal Department 45 C.F.R., Section 1611.3, for 1994; this maximum income is: FAMILY SIZE 100% 1 $ 9,200.00 2 12,300.00 3 15,400.00 4 18,500.00 5 21,600.00 6 24,700.00 7 27,800.00 • 8 30,900.00 For each additional person in the household add: $ 3,100.00 /annually • 1 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: September 25, 1995 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 Municipal Building within said City on the 25th day of September, 1995, at 7:00 o'clock p.m. The following members were present: Mayor: Barbara H. O'Neal Councilperson: Mark Swenson Councilperson: David Schaaf Councilperson: Janet Robert Councilperson: Dean Kern, Sr. The following members were absent: None Member Schaaf introduced the following Resolution and moved • its adoption: RESOLUTION NO. 95 -0?- CITY OF OAK PARK HEIGHTS RESOLUTION CALLING FOR HEARING ON IMPROVEMENTS AND ASSESSMENTS FOR THE STREET RECONSTRUCTION AND RELATED IMPROVEMENTS OF 1995 PROJECT WHEREAS, the City Administrator with the assistance of the City Consulting Engineers have prepared an Assessment Roll for the street reconstruction and related improvements of 1995 project; and, WHEREAS, said Assessment Roll is on file with the City Administrator and open to public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. The City Administrator shall publish a Notice that this Council will meet to consider the proposed improvements and assessments on October 30, 1995 at 7:00 o'clock p.m. in the Municipal Building at the City of Oak Park Heights, Minnesota. The published Notice shall be in substantially the form set forth on • Exhibit A attached hereto. a • 2. A Copy of the Notice and substantially the form set forth in Exhibit B attached hereto shall be mailed to the owner of each parcel of property described in the Assessment Roll. 3. Said Notice as attached hereto as Exhibit A shall be published by the City Administrator in the official newspaper at least two (2) weeks prior to the Hearing and the Notice attached hereto as Exhibit B shall be mailed by the City Administrator to the owners of each parcel described in the Assessment Roll. 4. If the adopted Assessments differs from the proposed Assessment as to any particular lot, piece or parcel of land, the City Administrator shall mail to the owner a Notice stating the amount of the adopted Assessment. The owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed Notice of the proposed Assessment. Whereupon, a Motion for the adoption of the foregoing Resolution was duly seconded by Member Kern and upon a vote being taken thereon, the following voted in favor thereof: Mayor: Barbara H. O'Neal Councilperson: Mark Swenson Councilperson: David Schaaf • Councilperson: Janet Robert Councilperson: Dean Kern, Sr. And the following voted against same: None. Whereupon said Resolution was declared duly passed and adopted. Op 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 relates to the resolution of the City of Oak Park Heights authorizing the calling for hearing on Assessments for the Street Reconstruction and Related Improvements of 1995 Project. WIT my hand and the seal of said City this ���/ day of 1995. ichae Rober son (SEAL) City Administrator L 73811 CITY OF OAK PARK HEIGHTS RESOLUTION C �50 , � -1 11 BE IT RESOLVED that the City of Oak Park Heights enter into Agreement No. 73811 with the State of Minnesota, Department of Transportation for the following purposes, to -wit: to provide for a lump sum payment of $230,000.00 by the State to the City as the State's full and complete share of the cost of roadway, storm sewer, sanitary sewer and water main construction and other associated construction upon, along and adjacent to 58th Street North from Engineer Station 13 +00 to Engineer Station 43 +85 within the corporate City limits in accordance with plans, specifications and/or special provisions designated by the City as 58th Street North Utility & Street Improvements 1995 and by the State as State Project No. 8204 -46 (T.H. 36 =118). BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. CERTIFICATION State of Minnesota County of Washington City of Oak Park Heights I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the Council of the City of Oak Park Heights at a duly authorized meeting thereof held on the day of 5e4 Lewh er , 1995, as shown by the minutes of said meeting in my possession. Deputy Clerk j V (Signature) Judy L. Holst (Type or print name) RESOLUTION 95 -09 -40 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 1996 PROPOSED BUDGET WHEREAS, the City Staff has prepared and submitted to the Council its proposed budget for calendar year 1996; 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 1996 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $1,957.855.00. 2. That the City Administrator is hereby authorized and directed to certify to the Washington County Auditor - Treasurer the Proposed General Fund levy for the City of Oak Park Heights for the calendar year 1996 in the amount of $1,443,865.00. 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 1996 with the real estate taxes on the affected properties. Passed by the City Council for the City of Oak Park Heights this 11th day of September, 1995. (N,a— Barbara H. O'Neal, Mayor Attest: A Micha g el i Robertson Administrator RESOLUTION NO. OIS ©F-3 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION PROVIDING A RESPONSE TO THE REQUEST OF THE COMMISSIONER OF TRANSPORTATION PROPOSAL FOR THE RECONSTRUCTION OF TRUNK HIGHWAY 36 AND THE CONSTRUCTION OF A NEW ST. CROIX RIVER BRIDGE WHEREAS, THE CITY OF OAK PARK HEIGHTS has previously received a proposal from the Commissioner of Transportation for the State of Minnesota for a corridor proposal submitted pursuant to Minn. Stat. 161.173 affecting the proposed improvements to T.H. 36 and a new St. Croix River Bridge; and, WHEREAS, the city of Oak Park Heights did formally and timely submit its response in opposition to said corridor proposal to the Commissioner of Transportation by providing a copy of Resolution No. 90 -05 -18 to the Department of Transportation; and, WHEREAS, the City of Oak Park Heights was presented with Layout plans on the 18th of April, 1995 affecting the "Trunk • Highway 36 new St. Croix River Crossing Layout #2 approval "; and, WHEREAS, the City of Oak Park Heights did receive simultaneously with the layout plans a copy of the Federal Environmental Impact Statement: and, WHEREAS, the City of Oak Park Heights did respond to the Federal Environmental Impact Statement as prepared by the Commissioner of Transportation of the State of Minnesota by passage of Resolution No. 95- 05 -31; and, WHEREAS, the City of Oak Park Heights has conducted numerous public hearings on this proposed project and has received the benefit of public comment on this project; and, WHEREAS, the City of Oak Park Heights has previously received the preliminary report of its consulting engineers dated March, 1992 identifying the impact of the project as proposed at that time on the City's utility and transportation systems; and, WHEREAS, the City of Oak Park Heights has previously received the report of its fiscal consultant examining the financial impact of the project as proposed on March 12, 1992; and, WHEREAS, the City of Oak Park Heights has previously received the report of its planner, Northwest Associated Consultants of March of 1992; and, WHEREAS, the City of Oak Park has been willing to examine and • modify its position on the need for a new St. Croix River Crossing and T.H. 36 improvements as is referenced by its RESOLUTIONS 92 -03- 15 AND 92- 05 -24; and, WHEREAS, the City of Oak Park Heights has caused the offices of its City Planner, Engineer and Fiscal Consultant to reevaluate the current layout plans as against earlier proposals; and, WHEREAS, the City of Oak Park Heights has authority over the corridor and layout plans on the proposed Bridge Structure pursuant to Minnesota Statutes 161.172 through 161.176 and pursuant to Minnesota Statute 165.07; and, WHEREAS, the project as proposed may impact the use, rerouting and reconstruction of municipal utilities, the expense and burden of which should not be born by the residents and taxpayer of the city; and, WHEREAS, the commissioners proposal should not necessitate the relocation within the city of additional wetlands necessitated to mitigate the loss of wetlands due to this project; and, WHEREAS, the city shall suffer a significant loss of tax base as a result of the proposed project due in part to direct acquisition of lands necessitated for this project and also due in • part to depreciation or diminution of some remaining property values, all of which will have an impact on the ability of the balance of the city and its taxpayers to continue and maintain municipal functions and projects; and, WHEREAS, the proposed layout of trailway facilities must provide adequate interconnection of sidewalks, bikepaths and roadway shoulders to safely accommodate trailway users; and, WHEREAS, the city recognizes and supports the desire of the commissioner in this project to move interstate and metropolitan traffic efficiently and safely but also is convinced that a plan could adequately plan the layout of the project in a manner so as to avoid placing a permanent and disproportionate burden on the residents of the City of Oak Park Heights; and, WHEREAS, it appears to the City of Oak Park Heights that modifications and /or alternatives could be better implemented to provide for a better layout plan that could effectively meet the needs of the Department of Transportation, the State of Minnesota and the City of Oak Park Heights; and, WHEREAS, City Staff and MnDOT personnel have met on a number of occasions and addressed mutual concerns and have proposed a Memorandum of Understanding with regard to this issue, a copy of which is agreed to be executed between MnDOT and the City. • r r � NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. The City of Oak Park Heights hereby grants approval to the layout plan presented on the 18th of April, 1995 affecting the Trunk Highway 36 new St. Croix River crossing layout number 2. Passed by the City Council for the City of Oak Park Heights this 14th day of August, 1995. . n 4 r�� L ara H. O'NeaI Mayor ATTEST: ichae1 J. obertson City Administrator • • r Enclosure 10 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: July 24, 1995 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 24th day of July, 1995, at 7:00 o'clock p.m. The following members were present: Mayor: Barbara H. O'Neal Councilperson: Mark Swenson Councilperson: David Schaaf Councilperson: Dean Kern, Sr. The following members were absent: Councilperson: Janet Robert Member 5�r-kc -tq�' introduced the following Resolution and moved its adoption: ® RESOLUTION NO. 9 5 - 07 - -g CITY OF OAK PARK HEIGHTS RESOLUTION ADOPTING 58TH STREET ASSESSMENTS AS AGAINST LANDS OWNED BY ROBERT L. BRACKEY AND JANET M. BRACKEY PURSUANT TO DEVELOPER'S AGREEMENT WHEREAS, the City of Oak Park Heights has entered into a Development Agreement with Robert L. Brackey and Janet M. Brackey approving the platting of Brackey Addition and otherwise providing for the construction of municipal improvements, roads, streets and other utilities necessary to serve the development; and, WHEREAS, Robert L. Brackey and Janet M. Brackey as the owner of lands identified in Exhibit A annexed hereto and incorporated herein by reference has agreed within the terms and provisions of the Development Agreement at paragraph 7, sub - paragraphs A -F, that its lands should be assessed for benefit effecting the 58th Street construction in the amount of $162,355.00; and, WHEREAS, Robert L. Brackey and Janet M. Brackey have stipulated to have said property assessed against the entirety of its property waiving notices otherwise provided for and afforded under Minn. Stat. §429.061 through and inclusive of §429.081; and, WHEREAS, the Developer has also waived green acres L classification of its lands for purposes of the assessment of 58th • Street and has directed the Office of the Washington Assessor and Auditor /Treasurer to process and collect all City Assessments so levied against its lands for the 58th Street project as if the green acres classification did not exist; and, WHEREAS, the City of Oak Park Heights in consideration of the Commitment made by the Developer has approved the Development Agreement and allowed the platting of Brackey Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. That such proposed Assessment, a copy of which is attached hereto as Exhibit B and made part hereof by reference is hereby accepted and shall constitute the special assessment against the lands named herein, and that each tract or parcel of land is hereby found to be benefited by the proposed improvement. 2. Such assessment shall be as follows: a. The assessment shall be payable in equal annual installments extending over a period of /0 years, the first of said installments to be payable with the general taxes for the year 1996 collectible with such taxes during the year 1996. is b. To the first installment there shall be added interest at the rate of 9 % per annum on the entire principal amount of the assessment from the date of this Resolution until December 31st of the year in which such installment is payable. To each subsequent installment, when due, there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed made any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the date hereof; and such property owner may at any time prior to November 15th of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31st of the year in which such payment is made. Whereupon said Resolution was declared duly seconded by member k l ey - A and upon vote being taken thereon, the following voted via voice: • C2' ltleC f Kek-n ACA Cf C� And the following voted against same: i / V Vnle , Whereupon said Resolution was declared duly passed and adopted. • • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes 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 adoption of the 58th Street Assessments as against lands owned by Robert L. Brackey • and Janet M. Brackey pursuant to the Development Agreement. WITNESS my hand and the seal of said City this *ay of 1995. l S 01nicifae Rober son (SEAL) City Administrator is IL r KNOW ALL MEN BY INESE PRESEMS. , That Robert L. Brackey, contract purchaser, and done( M. Brackey, his wife, and Elaine M. Krueger and Alvin J. Krueger, as Trustees of the Elaine M. Krueger Revocable Trust dated October 6, 1994, and Alvin J. Krueger and Elaine M. Krueger, as Trustees of the Alvin J. Krueger Revocable Trust doted October 6, 1994, fee owners and contract vendors of the following described property situated In the County of Washington State of Minnesota, to wit: That part of the North Half of (he Northwest Quarter (N 112 of NW 114) of Section Five (5), in Township Twenty -nine (29) North, of Range Twenty (20) West, Washington County, Minnesota lying westerly of the followin described line: Commencing at the northeast corner of said North Half of the Northwest Quarter (N1 12 of NWl /4) thence North 89 degrees 36 minutes 32 seconds West, assumed bearing, along the north line of said North Half of the Northwest Quarter (NI 12 of NW 114) o distance of Five Hundred Nine and Seventy Hundredths (509.70) feet (o (he point of beginning of the line to be described; (hence South 01 degrees 52 minutes 01 seconds East parallel with the east line of said North Half of the Northwest Quarter (NI 12 of NW 114) a distance of Three Hundred Sevent five 375.00) feet;. thence South 89 degrees 36 minutes 32 seconds East parallel with said north line One Hundred Fitly V 50.00) feet; thence South 01 degrees 52 minutes 01 seconds East parallel with said east line Eight Hundred Sixty — ei ht and Eleven Hundredths (868.11) feet to the south line of said North Half of the Northwest Quarter (N112 of NW 174) and sold line there terminate. EXCEPT (hot part of (he Northwest Quarter of the Northwest Quarter (NW114 of NW 114) of said Section Five (5) described as follows: Commencing at the northwest comer of said Northwest Quarter of the Northwest Quarter (NW1 14 of NW114); thence South 02 degrees 00 minutes 03 seconds East, assumed bearing, along (he west line of said Northwest Quarter of the Northwest Quarter (NW1 14 of NW 114) a distance of Thirt)-lour and Forty -three Hundredths (34.43) feet (o the point of beginning; thence continue South 2 degrees 00 minutes 03 seconds East along said west line Five Hundred Twenty-eight (528.00) feet; thence South 89 degrees 36 minutes 32 seconds East parallel with the north line of said Northwest Quarter of the Northwest Quarter (NW114 of NW1 14) a distance of Eighty -two and Fifty Hundredths (82.50) feet; thence North 02 de rees 00 minutes 03 seconds West porallel with said west line Five Hundred Twenty- -eight and Four Hundredths (528.04 feet; thence North 89 degrees 38 minutes 21 seconds West Eighty -two and Fifty Hundredths (82.50) feet to the point of beginning. Together with: That part of the Southwest 114 of the Northwest 114 of Section 5. Township 29, Range 20 described as follows: Beginning of the Northwest corner of said quarter quarter section; thence South 02 degrees 00 minutes 03 seconds East along the West line of said quarter quarter section a distance of 101.68 feet to the Northerly line of 581h Street as recorded in Document No. 726793; thence Northeasterly along a curve, concave to the Southeast, having a radius of 740.00 feet and a central angle of 30 degrees 22 minutes 59 seconds a distance of 39241 feet along the Northerly line of 58th Street to the North line of said quarter quarter section; (hence South 89 degrees 45 minutes 37 seconds West along the North line of said quarter quarter section a distance of 37740 feel to the point of beginning. Has caused the some to be surveyed and platted as BRACKEY ADDITION, and do hereby donate and dedicate to the public for public use forever the h' hwoy, lone, avenue and drainage and utility easements as shown on (his plat. In witness whereof .sold Robert L. Brockey, has signed these presents this -------- day of -- -----.------------------------------ Roherf L. Brackey STAKE OF' MINNESDTA COUNTY OF ._ .. -------- - - - - -- -- - - - - -- Th r,-rrf�n ; was acknowledged before me by rnherl l Rrackey, husband of Janet M. Vrockry, this day vt - -- - - -- 19 - -- • ASSESSMENT ROLL The lands in which to be assessed are as follows: (See Attached Exhibit A) Assessment Amount $162,355.00 Date adopted by City Council July, 24, 1995. • Enclosure 9 • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: July 24, 1995 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 24th day of July, 1995, at 7:00 o'clock p.m. The following members were present: Mayor: Barbara H. O'Neal Councilperson: Mark Swenson Councilperson: David Schaaf Councilperson: Dean Kern, Sr. The following members were absent: Councilperson: Janet Robert Member 5'W' err-cvn introduced the following Resolution and moved its adoption: • RESOLUTION NO. 95-0-7-37 CITY OF OAK PARK HEIGHTS RESOLUTION ADOPTING 58TH STREET ASSESSMENTS AS AGAINST LANDS OWNED BY ARCON DEVELOPMENT PURSUANT TO DEVELOPER'S AGREEMENT WHEREAS, the City of Oak Park Heights has entered into a Development Agreement with Arcon Development approving the platting of Autumn Ridge 1st Addition and otherwise providing for the construction of municipal improvements, roads, streets and other utilities necessary to serve the development; and, WHEREAS, Arcon Development as the owner of lands identified in Exhibit A annexed hereto and incorporated herein by reference has agreed within the terms and provisions of the Development Agreement at paragraph 7, sub - paragraphs A -F, that its lands should be assessed for benefit effecting the 58th Street construction in the amount of $125,025.00; and, WHEREAS, Arcon Development has stipulated to have said property assessed against the entirety of its property waiving notices otherwise provided for and afforded under Minn. Stat. §429.061 through and inclusive of §429.081; and, • WHEREAS, the Developer has also waived green acres r classification of its lands for purposes of the assessment of 58th • Street and has directed the Office of the Washington Assessor and Auditor /Treasurer to process and collect all City Assessments so levied against its lands for the 58th Street project as if the green acres classification did not exist; and, WHEREAS the City of Oak Park Heights in consideration of the Commitment made by the Developer has approved the Development Agreement and allowed the platting of Autumn Ridge 1st Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. That such proposed Assessment, a copy of which is attached hereto as Exhibit B and made part hereof by reference is hereby accepted and shall constitute the special assessment against the lands named herein, and that each tract or parcel of land is hereby found to be benefited by the proposed improvement. 2. Such assessment shall be as follows: a. The assessment shall be payable in equal annual installments extending over a period of _/ years, the first of said installments to be payable with the general taxes for the year 1996 collectible with such taxes during the year 1996. • b. To the first installment there shall be added interest at the rate of $ % per annum on the entire principal amount of the assessment from the date of this Resolution until December 31st of the year in which such installment is payable. To each subsequent installment, when due, there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed made any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the date hereof; and such property owner may at any time prior to November 15th of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31st of the year in which such payment is made. Whereupon said Resolution was declared duly seconded by member _nfn and upon vote being taken thereon, the following voted via voice: Nee4 Ke ,y� �Lli�NS�/y2 • And the following voted against same: kon 6 Whereupon said Resolution was declared duly passed and adopted. • • L _� • EXHIBIT A That part of the Southwest Quarter of the Northwest Quarter of Section 5, Township 29, Range 20, in Washington County, Minnesota, which lies southerly of the strip of land 80.00 feet in width and lying 40.00 feet on each side of the following described center line: Commencing at the northeast corner of said Southwest Quarter of the Northwest Quarter; thence South 01 degrees 56 minutes 03 seconds East, assumed bearing, along the east line of said Southwest Quarter of the Northwest Quarter a distance of 40.02 feet to the south line of the North 40.00 feet of said Southwest Quarter of the Northwest Quarter, as measured at a right angle to the north line of said Southwest Quarter of the Northwest Quarter, and point of beginning of the center line to be described; thence South 89 degrees 45 minutes 37 seconds West along said south line 949.63 feet; thence westerly and southwesterly along a tangential curve, concave to the south, having a radius of 700.00 feet and a central angle of 32 degrees 11 minutes 08 seconds a distance of 393.22 feet to the point of intersection of the west line of said Southwest Quarter of the Northwest Quarter and the center line of 58th Street. as dj&Licated on KERN'S EDUCATION ADOITION, according to the plat on file in the office of the t Recorder, Washington County, Minnesota, and said center line there terminate. The north an south lines of said strip of land are to be lengthened or shortened to terminate on said east and west lines of the Southwest Quarter of the Northwest Quarter. • EXHIBIT B • ASSESSMENT ROLL The lands in which to be assessed are as follows: (See Attached Exhibit A) Assessment Amount $125,025.00 Date adopted by City Council July, 24, 1995. • • • 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 relates to the resolution of the City of Oak Park Heights authorizing the adoption of the 58th Street Assessments as against lands owned by Arcon Development • pursuant to the Development Agreement. W ITNESS my hand and the seal of said City this day of 1995. 44 c! el F �o�ertson (SEAL) City Administrator RESOLUTION NO. 96 -0 7-- 36 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING SPECIAL PROJECT 8204 -46 OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION, TRUNK HIGHWAY 5 AT TRUNK HIGHWAY 36 ROAD IMPROVEMENTS PURSUANT TO MINNESOTA STATUTES §161.174 WHEREAS, the City of Oak Park Heights has received proposal plans and detail from the Minnesota Department of Transportation as it affects roadway improvements scheduled to be implemented on Trunk Highway 5 at its intersection of Trunk Highway 36 within the City of Oak Park Heights; and, WHEREAS, the City Council for the City of Oak Park Heights has previously established by Resolution No. 95 -04 -19 its agreement with the Minnesota Department of Transportation to participate in the construction of 58th Street Improvements with the Minnesota Department of Transportation indicating its willingness to contribute to those improvements as that project will be utilized in part as a by -pass during the period of time of construction of the aforementioned project; and, WHEREAS, the Office of the City Engineer and Planner have reviewed the proposed improvements scheduled to be implemented on Trunk Highway 5 by Minnesota Department of Transportation as referenced by the above project and determined the same to be feasible; and, WHEREAS, the City Council has reviewed said project and determined that it meets the interests of the City of Oak Park Heights and will provide for the betterment and safety of the traveling public in addition to the citizens of Oak Park Heights at that interchange. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That pursuant to the aforementioned statute, the City Council hereby does approve of the plans submitted by the Minnesota Department of Transportation pursuant to Minnesota Statute §161.174 as it affects the scheduled improvements for Trunk Highway at its interchange with Trunk Highway 36. 2. That the City of Oak Park Heights had in conjunction with the commitments made by the Minnesota Department of Transportation awarded its contracts for the construction of 58th Street and will coordinate its construction with the Minnesota Department of • L r , • Transportation so as to have same available for use as a by -pass at the time of construction pursuant to its agreement with the Minnesota Department of Transportation. Passed by the City Council for the City of Oak Park Heights this 10th day of July, 1995. r ( C " arbara H . O' Ne'aa-,—Mayor ATTEST: A i ael V il City Administrator • • 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 Resolution with the original thereof on file in my office, and that the same is a full, true and complete copy thereof. WITNESS my hand and the seal of said City this / day of J v/� 1995. Michael R obertson (SEAL) City Administrator • ' r RESOLUTION NO. 95- 07-'..ri CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING THE OAK PARK HEIGHTS POLICE DEPARTMENT TO MAKE APPLICATION IN CONJUNCTION WITH THE FOREST LAKE POLICE DEPARTMENT TO THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY OFFICE OF TRAFFIC SAFETY FOR ENROLLMENT WITHIN THE SAFE AND SOBER COMMUNITY PROJECT FOR THE PERIOD OF TIME OF OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1996 WHEREAS, Safe and Sober is a National Traffic Safety Campaign designed by the National Highway Traffic Safety Administration seeking to unite national, state and local efforts to reduce impaired driving crashes and increase safety belt and child seat use with enhanced and enforcement efforts in public information and educational activities; and, WHEREAS, the Chief of Police for the City of Oak Park Heights has recommended to the City Council that the City of Oak Park Heights coordinate and enter into a Grant application with the Washington County Sheriff's Department, the Bayport Police Department, the Stillwater Police Department and the Forest Lake Police Department to be submitted to the Minnesota Department of • Public Safety, Office of Traffic Safety for Grant funds, which would enable the City of Oak Park Heights and the City of Forest Lake to enter the Safe and Sober Community's Project for the period of time of October 1, 1995 through September 30, 1996; and, WHEREAS, the Office of Traffic Safety where the Minnesota Department of Public Safety currently has funds available to establish safe and sober programs within local communities, which funds are issued on a competitive Grant basis; and, WHEREAS, the implementation of the Safe and Sober Program within the Oak Park Heights Community could have a significant effect on public safety by increasing public awareness of the risks associated with highway travel and educating the public as to what can be done to manage those risks by use of seat belts and sober driving and to publicly communicate to the community a special enforcement efforts that are about to be implemented within the community effecting the safe and sober program and also providing a report back to the community with regard to the result achieved through the program; and, WHEREAS, the City Council for the City of Oak Park Heights feels that the best interest and public safety of its citizens could be furthered by applying for the Grant Application in conjunction with the Washington County Sheriff's Department, the Bayport Police Department, the Stillwater Police Department and the • Forest Lake Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the Oak Park Heights Police Department enter into a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled "Safe and Sober Communities During the Period of Time from October 1, 1995 through September 30, 1996. BE IT FURTHER RESOLVED, that Chief of Police, Lindy Swanson of the Oak Park Heights Police Department is hereby authorized and directed to execute such agreements as may be necessary to implement the project on behalf of the City of Oak Park Heights Police Department. BE IT FURTHER RESOLVED, that the Chief of Police, Dave Schwartz of the Forest Lake Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the City of Oak Park Heights Police Department. Passed by the City Council for the City of Oak Park Heights this 0 day of J& �/ 1995. Barbara H. O'Neal, Mayor ATTEST: is ae J.l o ertson City Administrator • L - 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 Resolution with the original thereof on file in my office, and that the same is a full, true and complete copy thereof. WITNESS my hand and the seal of said City this IC day of 1995. ldlic ael R er son (SEAL) City Administrator • . EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: June 26, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council for the City of Oak Park Heights, Washington County, Minnesota was duly held at the City within said City on the 26th day of June, 1995, 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 The following members were absent: None The Council had received bids on construction of the 58th • Street Improvements of 1995 Project within the City and after publicly opening tabulating and analyzing said bid, proceeded to consider said bids. The following bids were received: Bidder Amount of Bid Tower Asphalt $ 432,633.50 Valley Paving 452,745.50 Aero Asphalt 477,608.90 Forest Lake Contracting 477,486.75 After discussion, Member Swenson introduced the following resolution and moved its adoption: RESOLUTION NO. ®� RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON THE 58TH STREET IMPROVEMENTS OF 1995 PROJECT BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. All bids on the construction of the 58th Street • Improvements of 1995 Project are hereby received and tabulated. . 2 . The bid of Tower Asphalt in the amount of $432, 633. 50 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and shall be and is hereby accepted. 3. The Mayor and the Clerk are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Oak Park Heights. 4. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. The motion for the adoption of the foregoing Resolution was duly seconded by Member Schaaf and upon a vote being taken thereon, the following voted in favor thereof: Mayor, Barbara H. O'Neal Councilpersons: Janet Robert Mark Swenson Dean Kern David Schaaf The following voted against same: • None Where upon said Resolution was declared passed and adopted. • L • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the ordering and directing preparation of final plans and specifications of the 58th Street Improvements of 1995 in said City. 1/J / WITNESS my hand and the seal of said City this x� j day of 19M. CiAchael �R� tsori (SEAL) City Administrator CITY OF OAR PARR HEIGHTS RESOLUTION 95 -06 -33 A Resolution Granting Conceptual Approval to Chris Morency for an Eagle Scout Project to Improve Brekke Park WHEREAS, the Parks Commission of the City of Oak Park Heights has received a proposal for the improvement of Brekke Park from Chris Morency, 5691 Oren Avenue, Oak Park Heights, Minnesota; and WHEREAS, The Parks Commission has recommended to the City Council that they give approval to this proposal; NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby grants conceptual approval to Chris Morency for his proposed improvement of Brekke Park. Passed by the City Council of Oak Park Heights this 26th day of June, 1995. r Attest: z 4 it dm EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: June 12, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Washington County, Minnesota, was duly held at the City Hall in said City on Monday, the 12th day of June, 1995, at 7:30 P.M., for the purpose, in part, of considering bids for, and awarding the sale of, $1,130,000 General Obligation Improvement Bonds of 1995 of the City. The following members were present: O'Neal Kern, Schaaf, Robert and Swenson and the following were absent: Schaaf Member Kern introduced the following resolution and moved its adoption: - 7 _ RESOLUTION ACCEPTING BID ON SALE OF $1,130,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1995, PROVIDING FOR THEIR ISSUANCE, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, on May 8, 1995, the City Council of the City of Oak Park Heights, Minnesota (the "City "), adopted a resolution (the "Preliminary Resolution "), which provided for the private negotiation of $1,130,000 General Obligation Improvement Bonds of 1995 (the "Bonds "); and B. WHEREAS, bids to purchase the Bonds have been solicited by Juran & Moody, Inc. in accordance with the Preliminary Resolution; and C. WHEREAS, the bids set forth on Exhibit A attached hereto were received pursuant to the Official Terms of Bond Sale established for the Bonds by the Administrator at the City Hall at 11:00 A.M., Central Time, this same day; and D. WHEREAS, the City Council of the City has heretofore determined and declared that it is necessary and expedient to issue the Bonds, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (the "Improvements "); and 292895.1 i T � E. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Oak Park Heights, Minnesota, as follows: 1. Acceptance of Bid. The bid of Douqherty, Dawkins, Strand (the "Purchaser "), to purchase $1,130,000 General Obligation Improvement Bonds of 1995 of the City (the "Bonds ", or individually a "Bond "), in accordance with the Official Terms of Bond Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $1,124,35. nn , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The City Administrator is directed to retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their good faith checks and drafts. 2. Title; Oriqinal Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Improvement Bonds of 1995 shall be dated July 1, 1995, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on December 1 in the years and amounts as follows: Year Amount Year Amount 1996 $ 70,000 1999 -2005 $120,000 1997 -1998 110,000 All dates are inclusive. 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing December 1, 1995, calculated on the basis of a 360 -day year of twelve 30 -day months, at the 292895.1 2 t ` respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1996 4. n5 2001 4.55 % 1997 4.15 2002 4.65 1998 4.25 2003 4.75 1999 4.4n 2004 5. nn 2000 4.50 2005 5. nn 5. Redemption. All Bonds maturing in the years 2001 to 2005, both inclusive, shall be subject to redemption and prepayment at the option of the City on December 1, 2000, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of • any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in 292895.1 3 7 exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. First Trust National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: • 292895.1 4 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS R- $ GENERAL OBLIGATION IMPROVEMENT BOND OF 1995 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP JULY 1, 1995 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Oak Park Heights, Washington County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing December 1, 1995, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of First Trust National Association, in St. Paul, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar • whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to 292895.1 5 Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Oak Park Heights, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: FIRST TRUST NATIONAL ASSOCIATION Payable at: FIRST TRUST NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF OAK PARK HEIGHTS, CERTIFICATE OF WASHINGTON COUNTY, AUTHENTICATION MINNESOTA This Bond is one of the Bonds described in the /s/ Facsimile Resolution mentioned Mayor within. /s/ Facsimile Administrator FIRST TRUST NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 292895.1 6 J ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds ") maturing in the years 2001 to 2005, both inclusive, are subject to redemption and prepayment at the option of the Issuer on December 1, 2000, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denomina- tions, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Oblictation. This Bond is one of an issue in the total principal amount of $1,130,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and 292895.1 7 • pursuant to a resolution adopted by the City Council of the Issuer on June 12, 1995 (the "Resolution "), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds of 1995 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchange: Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing • at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. _Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by • notice to the contrary. 292895.1 8 1 1 • Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax - Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform • (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. • 292895.1 9 • ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust • company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 292895.1 10 • 8. gxecution; Temnorary Bonds. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and Administrator and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Administrator. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or • obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is July 1, 1995. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer; Exchanae. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the • principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert 2928". 1 11 I • the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing • the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator is hereby authorized to negotiate and execute the terms of said agreement. 11. Riahts Uuon Transfer or Exchanae,. Each Bond delivered upon transfer of or in exchange g for or in lieu of any other Bond shall carry all the rights to interest accrued and • unpaid, and to accrue, which were carried by such other Bond. 292M.1 12 • 12. Interest Pavment: Record Date.. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Reaistered Owner,. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. • 14. Deliverv: ADDlication of Proceeds,. The Bonds when so prepared and executed shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts,. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds of 1995 Fund" (the "Fund ") to be administered and maintained by the Administrator as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account ", respectively. (i) Construction Account,. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $1,109,660, and less capitalized interest in the amount of $ 47,2n3.75 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on • the Bonds on or before June 1, 1996), plus any special assess- ments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs 292895.1 13 t ' thereof. From the - Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the receipt of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent a permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess f 1 1 9 660; d capitalized interest in the amount of $� (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before June 1, 1996); (e) any collection of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (f) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof; (g) all investment earnings on funds held in the Debt Service Account; and (h) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable 292895.1 14 • temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5 %) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Assessments. It is hereby determined that no less than twenty percent (20 %) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, • piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustment as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual • installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at 292895.1 15 • a rate per annum not greater than the maximum permitted by law and not less than 8.00 % per annum: Improvement Collection Desianation Amount Levv Years Years Street Improvements 638,331.nn 1995 -2nn4 1996 -2nn5 of 1995 At the time the assessments are in fact levied the City Council shall, based on the then - current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levv: Coveraae Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax • rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levv Collection Amount 1996 1997 $ 61, nnn 1997 1998 59,nnn 1998 1999 6n, nnn 1999 2000 6n, nnn 2000 2001 6n, nnn 2001 2002 60, nnn 2002 2003 60, nnn 2003 2004 6n, nnn 2004 2005 60, nnn The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5 %) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. • 292895.1 16 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become • due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Reaulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and /or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration • relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the 292895.1 17 City and - the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project „ ); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures” for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis_ amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax - exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150 - 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 20. General obliaation Pledae,. For the prompt and full payment of the principal and interest on the Bonds, as the 292895.1 18 • same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Reaistration. The Administrator is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts • relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Neaative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax- Exembt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small- issuer exception amount of $5,000,000. • 292895.1 19 • For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety -five percent (95 %) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. 25. Desianation of Oualified Tax - Exempt Obliaations. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; • (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1995 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1995 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Severabilitv. If any section, paragraph or • provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability 292895.1 2 0 • of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Robert and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: unanimous and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. • • 292895.1 2 1 • 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 considering bids for, and awarding the sale of, $1,130,000 General Obligation Improvement Bonds of 1995 of said City. • WITNESS my hand this 12th day of June, 1995. < ;10:"�"�� Ad mini sera or i 292895.1 2 2 EXHIBIT A BIDS [To be supplied by Juran & Moody, Inc.] 292895.1 ' DOUGHERTY, DAWKINS, STRAND 4.05%-1996 & BIGELOW 4.15%-1997 4.25%-1998 4.40%-1999 4.50%-2000 4.55%-2001 4.65% - 2002 4.75%-2003 5.00% - 2004/05 PURCHASE PRICE: $1,124,350.00 $332,636.25 (4.7718 %) NORWEST INVESTMENT SERVICES, INC. 3.90%-1996 4.10%-1997 4.25%-1998 4.40%-1999 4.50%-2000 4.60%-2001 4.70% - 2002 4.80%-2003 4.90%-2004 5.00%-2005 PURCHASE PRICE: $1,120,960.00 $335,949.58 (4.819 %) FIRSTAR BANK MILWAUKEE, N.A. 4.000% - 1996 OPPENHEIMER & CO., INC.) CO- MANAGER 4.250% - 1997 4.350% - 1998 4.450% - 1999 4.550% - 2000 4.625% - 2001102 4.750% - 2003 4.875% - 2004 5.000% - 2005 PURCHASE PRICE: $1,120,918.60 $336,192.23 (4.8228 %) PRUDENTIAL SECURnMS, INC. 4.100% - 1996 DEAN WITTER. INC. ) CO- MANAGER 4.200% - 1997 4.300% - 1998 4.400% - 1999 4.500% - 2000 4.600% - 2001 4.700% - 2002 4.750% - 2003 4.800% - 2004 4.875% -2005 PURCHASE PRICE: $1,117,036.00 $337 ,328.17 (4.9391%) PIPER JAFFRAY INC. 4.00%-1996 JOHN G. KINNARD) CO- MANAGER 4.10% -1997 4.20%-1998 4.35%-1999 4.50%-2000 4.55%-2001 4.65% - 2002 4.70% - 2003/04 4.80%-2005 PURCHASE PRICE: $1,109,660.00 $340,295.83 (4.8817 %) SMITH BARNEY SHEARSON 4.00%-1996 CRONIN & CO., INC.) CO- MANAGER 4.10% -199 4.25%-1998 4.40%-1999 4.50%-2000 4.60%-2001 4.70% - 2002 4.80%-2003 5.0D% - 2004/05 PURCHASE PRICE: $1,113,534.91 5344,603.84 (4.9435 %) PAINEWEBBER, INC. 4.00%-1996 4.15%-1997 4.30%-1998 4.50%-1999 4.65%-2000 4.75%-2001 4.90%-2002 5.00%-2003 5.05%-2004 5.15%-2005 PURCHASE PRICE: $1,116,440.00 $350,919.58 (5.0341%) +4 " CITY OF OAK PARK HEIGHTS RESOLUTION 95 -05 -31 A Resolution Providing the Official Comments of the Oak Park Heights City Council for the Final Environmental Impact Statement for the Proposed St. Croix River Bridge WHEREAS, the City Council for the City of Oak Park Heights has received and reviewed the Final Environmental Impact Statement for the Proposed St. Croix River Bridge. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights finds the Final Environmental Impact Statement for the Proposed St. Croix River Bridge to be inadequate for the following reasons; 1) The Final EIS inadequately considers crossing alternatives other than the preferred alignment, and was drafted with a bias toward the selection of the northern alignment of the Southern corridor; to wit, A) The response given to the City of Oak Park Heights Resolution 90- 05 -18, passed May 29, 1990, which stated the City's preference for the Central Corridor, was • inadequate because the criteria listed to justify the decision have not been used with the same consistency in evaluating the other alternatives. B) The Final EIS makes no response to the City of Oak Park Heights Resolution 92- 05 -24, passed May 26, 1992, which stated that the City of Oak Park Heights, after consultation with the City of Stillwater, was willing to consider the southern or central alignments of the Southern corridor. C) The Final EIS fails to consider the possibility that the navigation channel, which ends at approximately the north edge of Stillwater, could be ended south of Stillwater, making the Central Corridor more viable. D) The Final EIS fails to consider the possibility that the seldom used railroad tracks could be removed, thereby making the Central Corridor more viable. E) There are many parks in other communities located under bridges without adverse effects. Using the impact of the proposed bridge on a park that Stillwater has not even built yet as a justification for avoiding the Central Corridor is a criteria which does not recognize the common existence of such parks in other . communities. • F) The Final EIS makes no mention of a bridge proposal submitted at a public hearing by Richard Kilty, a bridge designer and Stillwater resident, which used both the Central Corridor and the existing Lift Bridge. G) The size of the bridge will encourage the sprawl of Minnesota residents and businesses into Wisconsin, rather than just solve the current traffic problem. 2) The Final EIS fails to evaluate the entire impact of the proposed alignment; to wit, A) Only commuter noise impacts were evaluated, tourist traffic noise impacts were not. B) The visual impact of the bridge in the northern alignment in the Southern Corridor is obviously considered a less important criteria than the impacts on farmland, topography, and wetlands on the Wisconsin side. Yet subsequent evaluation has shown that the farmland, topography, and wetland impacts are similar on all alignments of the Southern Corridor, so why hasn't the visual impact of the bridge, which does vary with each alignment, been given more importance? C) MNDOT's own origin- destination traffic study, prepared . by George Cepress, State Traffic Forecast Engineer and dated July 19, 1993, showed that over a third of westbound traffic from Wisconsin that crosses the current bridge has a destination within Stillwater. The Final EIS has failed to evaluate where that traffic is going and whether the proposed bridge and corridor will actually resolve the downtown Stillwater traffic problems. 3) Many of the impacts of the proposed alignment that are evaluated are evaluated inadequately; to wit, A) The Final EIS states that Cover Park will not be affected. It's hard to imagine how this statement can be made when the majority of the residences around Cover Park are being removed and when the Beach Road overpass that connects the neighborhood to the rest of Oak Park Heights is being removed. The fact is the Cover Park neighborhood will be isolated by the bridge construction, the residents on the north side of Highway 36, for whom Cover is their neighborhood park, will have no access to the park, and Cover Park will be adversely impacted. B) The Final EIS understates the impact on the scenic • overlook. How scenic is the view going to be when someone's entire view will be the bridge? a ' �• 4) It fails to consider the adopted local transportation plans of the City of Oak Park Heights in contrast to its references to the plans of other communities. SUMMARY: While the Final EIS makes constant references to a balanced decision- making process, two things are quite clear. A) Some criteria are more imvortant than other, criteria, and MNDOT never stated what the order of importance of those criteria are, which makes adequate and consistent evaluation of all the alternatives impossible. B) Some commi are. more i than others,, and it is obvious that when the hopes and dreams of all the communities involved in this process were evaluated, that those of Oak Park Heights were given the least consideration. Passed by the City Council of Oak Park Heights this 22th day of May, 1995. Mayor Attest: City Administrator I y EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: May 22, 1995 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 22nd day of May, 1995, 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 The following members were absent: None Member Schaaf introduced the following resolution and moved • its adoption. RESOLUTION NO. 04" -SC� RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENTS FOR BIDS AFFECTING 58TH STREET IMPROVEMENTS OF 1995 PROJECT WHEREAS, the consulting engineers for the City have prepared final plans and specifications for the construction of the 58th Street Improvements of 1995 Project within the City and such plans and specifications have been presented to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. Such plans and specifications are hereby approved an Ordered placed on file in the Office of the City Administrator. 2. The City Administrator shall prepare and caused to be inserted in the official publication of the City of Oak Park Heights and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published in each of said t ' • publications at least once not less than 10 days before the dates set for the opening bids shall specify the work to be done, shall state that the bids will be publicly opened on June 8, 1995 at 11:00 o'clock a.m. at the municipal building within said City and that no bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid, bond or certified check payable to the City of Oak Park Heights for .ate" . of the amount of such bid. The motion for the adoption of the foregoing Resolution was duly seconded by Member Kern and upon a vote being taken thereon, the following voted in favor thereof: Mayor, Barbara H. O'Neal Councilpersons: Janet Robert Mark Swenson Dean Kern David Schaaf The following voted against same: None Where upon said Resolution was declared passed and adopted. • • L T . STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the ordering and directing preparation of final plans and specifications of the 58th Street Improvements of 1995 in said City. WITNESS my hand and the seal of said City this day of �CZ k/' , 19 i �1� ichael Ro ertson (SEAL,) City Administrator md CITY OF OAK PARK HEIGHTS RESOLUTION 95 -05 -29 A Resolution Approving Water Meter Price Increase Effective May 23, 1995 WHEREAS, the price the City pays for water meters has risen above the $75.00 price the City currently charges for them. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that, effective May 23, 1995, the price charged for water meters is hereby increased to $90.00 per meter. Passed by the City Council of Oak Park Heights thi 22th day of May, 1995. ayor Attest: `city Admirfistrator • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -05 -28 A Resolution Issuing a Gambling Premises Permit For Eagles Aerie 94 Stillwater to be Conducted at Doyle's Bowling Center & Pub at 5862 Omaha Avenue North WHEREAS, the City Council for the City of Oak Park Heights has been provided with a copy of the premises permit application submitted by Eagles Aerie 94 Stillwater to conduct gambling at the site of Doyle's Bowling Center & Pub at 5862 Omaha Avenue North, in Oak Park Heights; and, WHEREAS, said application seeks to re- establish a gambling permit that was in force for the Eagles at the same site under previous ownership; and, WHEREAS, the Gambling Control Board of the State of Minnesota has requested that the City of Oak Park Heights state whether or not the City would object or consent to the issuance of the permit; and, WHEREAS, there were no objections from any member of the public with regard to the permit; and, • WHEREAS, gambling activity is regulated under the regulations of the Gambling Control Board for the State of Minnesota the City presumes that appropriate auditing procedures are in place. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the Gambling Control Board's premises permit application as submitted by the Eagles Aerie 94 Stillwater to conduct gambling activities at Doyle's Bowling Center & Pub at 5862 Omaha Avenue North in the City of Oak Park Heights in the manner and form as has been applied for to the Gambling Control Board of the State of Minnesota be and of the same is hereby approved. Passed by the City Council of Oak Park Heights this 22th day of May, 1995. Mayor Attest: City Administrator EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: May 8, 1995 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Oak Park Heights, Washington County, Minnesota, was duly held at the City Hall in said City on the 8th day of May, 1995, beginning at — o'clock f.M. for the purpose in part of providing for the sale of the $1,130,000 General Obligation Improvement Bonds of 1995 of said City. The following Councilmembers were present: O`yUeR1 Verw c cl- -2m j k. ,e 4 8..Salensc and the following were absent: Councilmember 'h ern introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE SALE OF $1,130,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1995 A. WHEREAS, the City Council of the City of Oak Park Heights, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue the City's $1,130,000 General Obligation Improvement Bonds of 1995 (the "Bonds "), to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Juran & Moody, Inc., in St. Paul, Minnesota ( "Juran "), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): • 290547.1 0 „ NOW, THEREFORE, BE IT RESOLVED by the City Council of • the City of Oak Park Heights, Minnesota, as follows: 1. Authorization: Findinas. The Council hereby authorizes Juran to solicit bids for the sale of the Bonds. 2. Meetina: Bid ODenina. The Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Administrator, or his designee, shall open bids at the time and place specified in such Official Terms of Bond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after • full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: and the following voted against the same: 111 el , Whereupon said resolution was declared duly passed and adopted. • 290547.1 2 • STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS I, the undersigned, being the duly qualified and acting City Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $1,130,000 General Obligation Improvement Bonds of 1995. WITNESS my hand as such City Administrator this 8th day • of May, 1995. pity Admini ator 290547.1 3 e� EXHIBIT A • OFFICIAL TERMS OF BOND SALE $1,130,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1995 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed bids will be opened by the City Administrator, or designee, on Monday, June 12, 1995, at 1:00 P.M., Central Time, at the offices of Juran & Moody, Inc., 400 North Robert Street, Suite 800, in Saint Paul, Minnesota 55101- 2091. Consideration of the bids for award of the sale will be by the City Council at its meeting in the Oak Park • Heights City Hall beginning at o'clock P.M., on the same day. TYPE OF BONDS: Fully registered general obligation bonds, $5,000 or larger denominations at the option of the bidder. DATE OF ORIGINAL ISSUE OF BONDS: July 1, 1995. PURPOSE: For the purpose of providing money to finance the construction of various improvements in the City. INTEREST PAYMENTS: December 1, 1995, and semiannually thereafter on June 1 and December 1. MATURITIES: December 1 in each of the years and amounts as follows: • 290547.1 A-1 Year Amount • 1996 $ 70,000 1997 -1998 110,000 1999 -2005 120,000 All dates are inclusive. REDEMPTION: At the option of the Issuer, bonds maturing on or after December 1, 2001 shall be subject to prior payment, on December 1, 2000 and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first and if only part of the bonds having a common maturity date are called for prepayment the specific bonds to be prepaid shall be chosen by lot by the Registrar. BOND REGISTRAR: Principal will be payable at the main corporate office of First Trust National • Association, in St. Paul, Minnesota (the "Registrar "). Interest will be payable by check or draft of the Registrar mailed to the registered holder of the bond at his address as it appears on the books of the Registrar. The Issuer will pay reasonable and customary charges for the services of the Registrar. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and • Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Bond 290547.1 A -2 printing and legal opinion will be paid . by the Issuer and delivery will.be anywhere in the continental United States without cost to the Purchaser. Legal opinion will be printed on the bonds at the request of the successful bidder. TYPE OF BID: Sealed bids of not less than $1,109,660 and accrued interest on the principal sum of $1,130,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Bids must be unconditional except as to legality. A certified or cashier's check (the "Deposit ") in the amount of $22,600 payable to the order of the Administrator of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each bid, to be forfeited as liquidated damages if bidder fails to comply with accepted bid. Bids for the bonds should be delivered to Juran & Moody, Inc., and addressed to: Mike Robertson, Administrator Oak Park Heights City Hall P.O. Box 2007 Oak Park Heights, Minnesota 55082 -2007 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody, Inc. prior to the opening of the bids. The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a bidder using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody, Inc. not later than 3:30 P.M., Central Time, on the next business day following the • award. If such Deposit is not received by that time, the Financial Surety Bond 290547.1 A-3 may be drawn by the Issuer to satisfy • the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the Issuer. No bid can be withdrawn after the time set for receiving bids unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of 1 /20th or 1 /8th of 1 %. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. • INFORMATION FROM The successful purchaser will be PURCHASER: required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. QUALIFIED TAX The Issuer will designate the EXEMPT OBLIGATIONS: bonds as qualified tax exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. 290547.1 A-4 i, The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated: May 8, 1995. BY ORDER OF THE CITY COUNCIL /s/ Mike Robertson City Administrator Additional information may be obtained from: JURAN & MOODY, INC. Minnesota Mutual Life Center 400 North Robert Street Suite 800 St. Paul, Minnesota 55101 -2091 Telephone No.: (612) 224 -1500 • 290547.1 A-5 EXTRACT OF MINUTES OF MEETING OF THE • CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: May 8, 1995 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 May, 1995, at 7:00 o'clock p.m. The following members were present: Mayor, Barbara H. O'Neal Councilpersons: Janet Robert Mark Swenson Dean Kern David Schaaf The following members were absent: None Member Swenson introduced the following resolution and moved its adoption. RESOLUTION NO. r-J CITY OF OAK PARK HEIGHTS RECEIVING BIDS AND AWARDING CONTRACT FOR THE STREET RECONSTRUCTION AND THE RELATED IMPROVEMENTS OF 1995 PROJECT WHEREAS, the City Council for the City of Oak Park Heights has received bids for the 1995 Street Reconstruction Improvement Project and further with regard thereto has received a recommendation from its consulting engineers. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Oak Park Heights, Washington County, Minnesota as follows: 1. That all bids for construction of the street reconstruction and related improvements of 1995 project have been received and tabulated. 2. That the bid of Tower Asphalt, Inc. of Afton, Minnesota in the amount of $995,280.83 for the construction of said improvements in accordance with the plans and specifications and • advertisements for bids is the lowest responsible bid and shall be and hereby is accepted. ■ 3. That the Mayor and City Administrator are hereb • Y Y Y authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Oak Park Heights. 4. That the City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. That the Motion for the adoption of the foregoing Resolution was duly seconded by member Schaaf and upon a vote being taken thereon, the following vote is in favor thereof: I Mayor, Barbara H. O'Neal Councilpersons: Janet Robert Mark Swenson Dean Kern David Schaaf The following voted against same: None . Where upon said Resolution was declared passed and adopted. IL • • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the ordering and directing preparation of final plans and specifications of the 58th Street Improvements of 1995 in said City. WITNESS my hand and the seal of said City this 1 day of V 19 ichael o ertson (SEAL) City Administrator CITY OF OAK PARK HEIGHTS RESOLUTION 95 -05 -25 A Resolution Congratulating the VFW Greeder- Hines - Comfort Post No. 323 for their 75th Anniversary Diamond Jubilee WHEREAS, the Veterans of Foreign Wars Greeder- Hines - Comfort Post No. 323 has just completed 75 years of distinguished service to the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the Veterans of Foreign Wars Greeder- Hines- Comfort Post No. 323 is hereby congratulated for their 75 years of service and best wishes are extended for their Diamond Jubilee celebration. Passed by the City Council of Oak Park Heights this 8th day of May, 1995. yor Attest: City A A3 inistrd or CITY OF OAK PARK HEIGHTS RESOLUTION 95 -05 -24 A Resolution Issuing a Gambling Premises Permit For Eagles Aerie 94 Stillwater to be Conducted at the Eagles Aerie 94 on 60th Street North WHEREAS, the City Council for the City of Oak Park Heights has been provided with a copy of the premises permit renewal application submitted by Eagles Aerie 94 Stillwater to conduct gambling at the site of Eagles Aerie 94, 13523 60th Street North, in Oak Park Heights; and, WHEREAS, said application seeks to renew an existing gambling permit that is in force for said organization from 9 -01 -93 to 8- 31-95; and, i WHEREAS, the Gambling Control Board of the State of Minnesota has requested that the City of Oak Park Heights state whether or not the City would object or consent to the issuance of the renewed permit; and, WHEREAS, there were no objections from any member of the public with regard to the renewal of same permit; and, WHEREAS, gambling activity is regulated under the regulations of the Gambling Control Board for the State of Minnesota the City presumes that appropriate auditing procedures are in place. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the Gambling Control Board's premises permit renewal application as submitted by the Eagles Aerie 94 Stillwater to conduct gambling activities at the Eagles Aerie 94, 13523 60th Street North in the City of Oak Park Heights in the manner and form as has been applied for to the Gambling Control Board of the State of Minnesota be and of the same is hereby approved. Passed by the City Council of Oak Park Heights this 8th day of May, 1995. Ma r Attest: Cit Y Adminis�t'rrator CITY OF OAK PARK HEIGHTS RESOLUTION 95 -04 -23 A Resolution Opposing the City of Bloomington's Request for Forgiveness of its $50 Million Dollar Loan from the Fiscal Disparities Pool WHEREAS, the City Council of the City of Oak Park Heights has read about the City of Bloomington's request for forgiveness of its loan from the Fiscal Disparities Pool; and, WHEREAS, the City of Oak Park Heights is a net contributor to the Fiscal Disparities Pool and forgiveness of the loan would in effect increase their contribution; and, WHEREAS, the City of Oak Park Heights feels that Bloomington should live up to its agreement and repay the loan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that its legislators Senator Gary Laidig and Representative Mark Holsten are respectfully requested to use the influence of their offices to deny Bloomington's request for loan forgiveness. 40 Passed by the City Council of Oak Park Heights this 24th day of April, 1995. Mayor Attest: City Administrator j • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -04 -22 A Resolution Approving Water Rate Increases Effective July 1, 1995 � WHEREAS, Chapter 1001 of the Code of Ordinances of the City of Oak Park Heights regulates the use of municipal water and certain charges related thereto; and, WHEREAS the City ouncil of the Ci of Oak Park He has Y Y 9 received the recommendation from the City Engineer with regard to the establishment of water rates for 1995; and, WHEREAS, in reviewing the estimated costs the City will experience connected with the unfunded State mandates regarding wellhead protection and community water supply plans, the City Council has determined that it is in the best interests of the City of Oak Park Heights to increase water rates to pay for these programs effective July 1, 1995. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, as follows: 1. Effective July 1, 1995, the minimum charge per quarter for up to 15,000 gallons of water usage shall be $18.30. 2. That all other charges related to water usage and connection shall remain in effect as they were in 1994. Passed by the City Council of Oak Park Heights this 24th day of April, 1995. Mayor Attest: � dministrator • • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -04 -21 A Resolution Accepting the Washington County Assessor's Recommendations Regarding Proposed Market Values for the City of Oak Park Heights WHEREAS, the City of Oak Park Heights has received the Washington County Assessor's recommendations regarding estimated market values for the City of Oak Park Heights; and, WHEREAS, the City Council of the City of Oak Park Heights has received comments from property owners who disagree with their estimated market value; and, WHEREAS, the County Assessor, upon request from the City Council of the City of Oak Park Heights, has re- examined those properties and made recommendations to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, that it accepts the Washington County Assessor's recommendations. • Passed by the City Council of Oak Park Heights this 24th day of April, 1995. Mayor Attest: ity Administrator • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -04 -20 A Resolution Strongly Supporting the Proposed Metropolitan County -wide Curfew WHEREAS, the City of Oak Park Heights has received a request from Washington County Attorney Richard Arney for support of a metropolitan county -wide curfew; and, WHEREAS, City of Oak Park Heights Police Chief Lindy Swanson has stated in writing his firm support of this proposed ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, that its strong support for this proposed ordinance be conveyed to the Washington County Board of Commissioners. Passed by the City Council of Oak Park Heights this 24th day of April, 1995. U.- C.C�--- " Attest: a Mayor City A dmi s rator ENCLOSURE 14 y► q 1 RESOLUTION NO. CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION PARTICIPATION IN THE CONSTRUCTION OF 58TH STREET WITHIN THE CITY OF OAK PARK HEIGHTS AS SPECIFIED WITHIN THE CITY PROJECT FILE 58TH STREET IMPROVEMENT OF 1995 WHEREAS, the City Council for the City of Oak Park Heights has undertaken consideration of construction of a portion of 58th Street within the City of Oak Park Heights as depicted within the area described within Exhibit A annexed hereto and incorporated by reference herein; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that a two lane construction of the municipal road in that vicinity would be consistent with the City's needs; and, WHEREAS, the Minnesota Department of Transportation has indicated a need for the City to consider the construction of 58th Street in the area to four lane status so as to facilitate by -pass utilization of the roadway by the Minnesota Department of Transportation as part of its reconstruction of Trunk Highway 5 at Highway 36; and, • WHEREAS, the Minnesota Department of Transportation has offered to contribute the sum of $230,000.00 payable in lump sum in state fiscal year 1996 should the City of Oak Park Heights agree to construct 58th Street as proposed to four lane status within the affected area with Minnesota Department of Transportation computation on a cost of by -pass at the Trunk Highway 5, Trunk Highway 36 interc ange construction project being $200,000.00 and the reductio with from 60th Street from 48 to 40 feet being approximate $30,000.00; and, WHEREAS, the Minnesota Department of Transportation has made its offer contingent upon certain conditions bring those as are specified within the letter of Mr. Mark D. Benson dated February 15, 1995 a true and correct copy of which is annexed hereto as Exhibit B, the same being incorporated herein by reference; and, WHEREAS, the City Council for the City of Oak Park Heights has ordered the project and directed the Office of the City Engineer to prepare final plans and specifications pursuant to its resolution adopted December 27, 1994, a true and correct copy of the Extract of the Minutes of the said meeting being annexed hereto as Exhibit C and incorporated herein by reference; and, WHEREAS, the City of Oak Park Heights is willing to accept the offer of the Minnesota Department of Transportation as is outlined in the letter of February 15, 1995 by Mr. Mark D. Benson and construct 58th Street to four lane status utilizing the participation of the Minnesota Department of Transportation, the payment of $230,000.00 to be paid to the City of Oak Park Heights within state fiscal year 1996. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the City of Oak Park Heights herewith requests Minnesota Department of Transportation participation in the construction of the City's 58th Street project as is more fully outlined in the plans and specifications which have been prepared for same from the Office of the City Engineer, Bonestroo, Rosene, Anderlik and Associates. 2. The City of Oak Park Heights is willing to accept the conditions and provisions outlined within the letter of February 15, 1995 from Mr. Mark D. Benson, the Minnesota Department of Transportation. 3. That City Staff is hereby authorized and directed to cooperate with the Minnesota Department of Transportation to prepare all necessary documents required to formalize the participation agreements with the Minnesota Department of Transportation. Passed by the City Council for the City of Oak Park Heights this 24th day of April, 1995. arbara H. O'Neal, Mayor ATTEST: 0 4, --0 4 ` Michael obertson City Administrator • I I EXHIBIT "A" The area proposed to be assessed for the construction of 58th Street Improvements with related municipal utilities, (if any) storm sewer improvements, including bike paths and /or walkway improvements shall be all of those properties abutting the existing 58th Street right -of -way now owned by The City of Oak Park Heights and being located to the East of the Easterly line of Kern's Education Addition, as the same is platted and of record in and for Washington County, Minnesota, and to the West of the Southerly extension of the East right -of -way line of Norell Avenue as the same is set forth and located in the plat of Wal -Mart Addition, the same being platted and of record in the Office of the County Recorder in and for Washington County. Said right -of -way of 58th Street is as established and shown in Certificate of Title No. 44419 in the Office of the Registrar of Titles in and for Washington County, Minnesota and also is in part described as follows: That part of Southwest Quarter of the Northwest Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, being a strip of land 80.00 feet in width and lying 40.00 feet each side of the following described center line: • Commencing at the northeast corner of said Southwest Quarter of the Northwest Quarter; thence South 01 degrees 56 minutes 0,3 seconds East, assumed bearing, along the east line of said Southwest Quarter of the Northwest Quarter a distance of 40.02 feet to the south line of the North 40.00 feet of said Southwest Quarter of the Northeast Quarter, as measured at a right angle to the north line of said Southwest Quarter of the Northwest Quarter, and point of beginning of the center line to be described; thence South 89 degrees 45 minutes 37 seconds West along said south line 949.63 feet; thence westerly and southwesterly along a tangential curve, concave to the south, having a radius of 700.00 feet and a central angle of 32 degrees 11 minutes 08 seconds a distance of 393.22 feet to the point of intersection of the west line of said Southwest Quarter of the Northwest Quarter and the center line of 58th Street, as dedicated on KERN'S EDUCATION ADDITION, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, and said center line there terminate. The north and south lines of said strip of land are to be lengthened or shortened to terminate on said east and west lines of the Southwest Quarter of the Northwest Quarter. • Exhibit B ��c�+ESOr Minnesota Department of Transportatwn ;� �/ I Metropolitan Division Waters Edge Building j I FEB I fi 1995 I � 1500 West County Road B2 • OF TS Roseville, Minnesota 55113 February 15, 1995 I Mr. Mike Robertson City Administrator City of Oak Park Heights 14168 North 57th Street P O Box 2007 Oak Park Heights, Minnesota 55082 -2007 Dear Mr. Robertson: I am writing this letter as a follow up to the February 13th Council Meeting I attended. At the meeting I presented Mn /DOT's offer of participation in the 58th Street project to be let later this year. Mn /DOT has offered a total of $230,000 payable as a lump sum in state fiscal year 1996. The dollar amount was arrived at based on the cost of a bypass for the TH 5 /TH 36 interchange construction project ($200,000) and the reduction in width for 60th Street from 48' to 40' ($30,000). This agreement is contingent upon the City Council passing a resolution requesting our participation and committing to: 1. Accept turnback of 60th Street when Mn /DOT has completed construction of the TH 5 /TH 36 Interchange. 2. Allow 58th Street to be used as a traffic bypass during construction of the TH 5 /TH 36 interchange project. 3. No bike /pedestrian trail will be constructed by Mn /DOT along 60th Street other than an unpaved 8 -foot berm. 4. Successfull approval the TH 5 /TH 36 interchange project with the conditions outlined in our February 14, 1995 submittal letter to the city. Due to the tight timeframes the city and Mn /DOT are working under for these projects, please respond to this letter as soon as possible. Should you have any questions feel free to call. Sincerely, 0a4bz4- Mark D. Benson Preliminary Design Engineer • cc: Joe Anderlik Mark Vierling An Equal Opportunity Employer Exhibit C EXTRACT OF MINUTES OF MEETING OF THE • CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: December 27, 1994 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 27th day of December, 1994, at 7:30 o'clock p.m. The following members were present: Mayor, Barbara H. O'Neal Councilpersons: Jack Doerr Richard Seggelke Dean Kern David Schaaf The following members were absent: None The meeting was held pursuant to the Resolution adopted by the City Council on November 28, 1994, calling for a public hearing on • the proposed 58th Street improvements between Norell Avenue and the Stillwater Area High School property, within said City as is more particularly described in the Notice of Public He ordered at said Council Meeting, a copy of which is annexed hereto. The Administrator presented the Affidavit showing due publication and mailing of the notices of hearing to the Mayor who announced that the council would hear all persons who cared to be heard for or against the improvements as outlined in the Notice of Public Hearing. All persons present were afforded an opportunity to be heard and to present their views and objections, if any, to the making of said improvements, and no objections were presented, except as follows: Name of Obiector Property Obiection Robert Brackey Former Krueger Tree No objection to the project Farm as presented by the engineer. Mr. Brackey indicated that he was willing to waive his green acres classification /status for the exclusive purpose of the assessments that would be levied against this property as a result of the project. Mr. Brackey indicated further • that he understood the engineer's proposal, entailed the council assessing 70a of • the project against the affected property owners and acknowledged that he had received information from the engineer as to the approximate cost of the assessment that would be levied against his property. Bruce Libby None - MNDOT No objection. Mr. Libby Representative indicated that Minnesota Department of Transportation was very interested in participating in this project with the City of Oak Park Heights and contributing financially to the construction of 58th Street so that a four lane construction could be achieved Member Schaaf introduced the following resolution and moved its adoption. RESOLUTION ORDERING IMPROVEMENTS • AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS WHEREAS, after due notice of public hearing on the construction for the improvements for the City of Oak Park Heights affecting 58th Street and its construction between Norell Avenue and the Stillwater Area High School property with public hearing on said improvements being duly held before the City Council and the Council hearing all persons desiring to be heard on the matter and being fully considered in the same; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. It is feasible, expedient and necessary that said improvements as described within the Notice of Public Hearing thereon be constructed and that the same are hereby Ordered made. 2. That the improvements in said Notice of Public Hearing are hereby designated and shall be known as the 58th Street Improvements of 1995. 3. The consulting engineers, Bonestroo, Rosene, Anderlik & Associates are hereby directed to prepare final plans and specifications for said improvement. • 4. The City Council shall let the contract for all or part of the work for said improvements or order all or part of the work done by day labor or otherwise as authorized by the Minn. Stat. . §429.041 Subd 2, within one year of the date of this Resolution ordering said improvements. S. That this Resolution is made contingent upon the following events occurring: a. That Mr. Robert Brackey enter into a development agreement with the City of Oak Park Heights affecting the development of his property, formerly known as the Krueger Tree Farm and entering into the appropriate agreements therein affecting the payment of the City costs and services, fees and charges related to said improvement. b. That the City successfully negotiate an agreement with the Minnesota Department of Transportation affecting their financial contribution to the cost of construction of 58th Street recognizing that they would benefit thereby as it affects their proposed use of the street as a by -pass for purposes of construction projects to occur in 1996 and /or 1997. The motion for the adoption of the foregoing Resolution was duly seconded by Member Seggelke and upon a vote being taken -thereon, the following voted in favor thereof: Mayor, Barbara H. O'Neal Councilpersons: Richard Seggelke Jack Doerr Dean Kern David Schaaf The following voted against same: None Where upon said Resolution was declared passed and adopted. • I NOTICE OF PUBLIC HEARING ON IMPROVEIMENTS • TO WHOM IT MAY CONC=N: TIME AND PLACE: Notice is hereby given that the City Council of the City of Oak Parr Heights, Minnesota, will meet at the municipal building of the City of Oak Park Heights, as located within said city at 7:30 o'clock p.m., on December 27, 1994, to consider the construction of the following improvements, to -wit: 58th Street Improvements between Norell Avenue and The Stillwater Area High School property with related municipal utilities water, sanitary sewer and storm sewer improvements including bike path and /or walkway improvements. • NATURE OF IMPROVEMENT: The construction of 58th Street Improvements with related municipal utilities water,.sanitary sewer and storm sewer improvements. ESTIMATED COST: The total estimated cost of said improvements is $635,000.00. AREA PROPOSED TO BE ASSESSED: The area proposed to be assessed for such improvements is attached hereto as Exhibit " A " and is incorporated by reference herein. AUTHORITY: The Council proposes to proceed under authority granted by Chapter 429 M.S.A. Such persons who desire to be heard with reference to the proposed improvements will be heard at this meeting. Written or oral objections • shall be considered. DATED: December 5, 1994. • BY ORDER OF TIME CITY COUNCIL /s/ LaVonne Wilson LaVonne Wilson, City Clerk • • EXHIBIT "A" • The area proposed to be assessed for the construction of 58th Street Improvements with related municipal utilities, (if any) storm sewer improvements, including bike paths and /or walkway improvements shall be all of those properties abutting the existing 58th Street right -of -way now owned by The City of Oak Park Heights and being located to the East of the Easterly line of Kern's Education Addition, as the same is platted and of record in and for Washington County, Minnesota, and to the West of the Southerly extension of the East right -of -way line of Norell Avenue as the same is set forth and located in the plat of Wal -Mart Addition, the same being platted and of record in the Office of the County Recorder in and for Washington County. Said right -of -way of 58th Street is as established and shown in Certificate of Title No. 44419 in the Office of the Registrar of Titles in and for Washington County, Minnesota and also is in part described as follows: That part of Southwest Quarter of the Northwest Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, being a strip of land 80.00 feet in width and lying 40.00 feet each side of the following described center line: Commencing at the northeast corner of said Southwest Quarter of the Northwest Quarter; thence South 01 degrees 56 minutes 0.3 seconds East, assumed bearing, along the east line of said Southwest Quarter of the Northwest Quarter a distance of 40.02 feet to the south line of the North 40.00 feet of said Southwest Quarter of the Northeast Quarter, as measured at a right angle to the north line of said Southwest Quarter of the Northwest Quarter, and point of beginning of the center Line to be described; thence South 89 degrees 45 minutes 37 seconds West along said south line 949.63 feet; thence westerly and southwesterly along a tangential curve, concave to the south, having a radius of 700.00 feet and a central angle of 32 degrees 11 minutes 08 seconds a distance of 393.22 feet to the point of intersection of the west line of said Southwest Quarter of the Northwest Quarter and the center line of 58th Street, as dedicated on KERN'S EDUCATION ADDITION, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, and said center line there terminate. The north and south lines of said strip of land are to be lengthened or shortened to terminate on said east and west lines of the Southwest Quarter of the Northwest Quarter. • • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the ordering and directing preparation of final plans and specifications of the • 58th Street Improvements of 1995 in said City. WITNESS my hand and the seal of said City this W day of ��1r1 197 a MiRhae Ro ertson (SEAL) City Administrator • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: April 10, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council for the City of Oak Park Heights, Washington County, Minnesota was duly held at the City within said City on the 10th day of April, 1995, at 7:00 o'clock p.m. The following members were present: Mayor: Barbara H. O'Neal Councilperson: Mark Swenson Councilperson: David Schaaf Councilperson: Janet Robert Councilperson: Dean Kern, Sr. The following members were absent: None Member Schaaf introduced the following Resolution and moved • its adoption: RESOLUTION NO. 95 -04 -18 CITY OF OAK PARK HEIGHTS RESOLUTION AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS AND /OR NEGOTIATION OF TEMPORARY CONSTRUCTION EASEMENTS AFFECTING THE ALLAN A. CONNEL, JR. AND GERALDINE CONNEL PROPERTY WHEREAS, the City wishes to construct improvements necessary for street reconstruction, storm water drainage systems serving properties with the City of Oak Park Heights in areas adjacent to lands owned by Allan A. Connel, Jr. and Geraldine Connel, husband and wife; and, WHEREAS, a temporary construction easement is necessary to be acquired across the property of Allan A. Connel, Jr. and Geraldine Connel to facilitate the construction of the City's reconstruction and storm sewer improvements; and, WHEREAS, the storm sewer and street reconstruction improvements cannot be safely completed within the existing easements of the City of Oak Park Heights; and, • WHEREAS, the required improvements are necessary to protect the public welfare and safety. WHEREAS, that the interest of the public require that staff be authorized to proceed under the authority of Minnesota Statute §117.042 to secure timely possession of the property reasonably required to be secured for this improvement project. 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 initiate condemnation /eminent domain proceedings for portions of those parcels owned by John T. Junko, Allan A. Connel, Jr. and Geraldine Connel, husband and wife, so as to secure temporary construction easement and /or permanent slope easement with said properties to be affected thereby being legally described in Exhibit A 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 §117.02 et seq. 3. That pursuant to this Resolution duly adopted by the City Council 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 construction in monitoring activities affecting 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: All And the following voted against same: None Whereupon said Resolution was declared duly passed and adopted. • L o � 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 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 John Junko, Allan A. Conn el, Jr. and Geraldine Connel property. WITNESS my hand and the seal of said City this 13-A day of AJ2 � 19 Michael Robertson (SEAL) City Administrator • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: April 10, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council for the City of Oak Park Heights, Washington County, Minnesota was duly held at the City within said City on the 10th day of April, 1995, at 7:00 o'clock p.m. The following members were present: Mayor: Barbara H. O'Neal Councilperson: Mark Swenson Councilperson: David Schaaf Councilperson: Janet Robert Councilperson: Dean Kern, Sr. The following members were absent: None Member Schaaf introduced the following Resolution and moved • its adoption: RESOLUTION NO. 95 -04 -17 CITY OF OAK PARK HEIGHTS RESOLUTION AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS AND /OR NEGOTIATION OF EASEMENTS AFFECTING THE JOHN JUNKO (C /P), ALLAN A. CONNEL, JR. AND GERALDINE CONNEL PROPERTY WHEREAS, the City wishes to construct improvements necessary for street reconstruction, storm water drainage and municipal utility systems serving properties within the City of Oak Park Heights, adjoining the property owned by Mr. John Junko as a Contract for Deed Purchaser with fee owner thereon being Allan A. Connel, Jr. and Geraldine Connel, husband and wife; and, WHEREAS, a portion of the temporary construction easement which must be made lies outside of the current existing easements for the City of Oak Park Heights located in the area; and, WHEREAS, it is necessary to secure a temporary construction easement and /or slope easement from John Junko, Allan A. Connel, Jr. and Geraldine Connel, husband and wife; and, • WHEREAS, the required improvements are necessary to protect the public welfare and safety. 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 initiate condemnation /eminent domain proceedings to acquire temporary construction easements affecting the parcel owned by Allan A. Connel, Jr. and Geraldine Connel, husband and wife so as to secure temporary construction access to their properties to facilitate the construction of street reconstruction improvements and storm water drainage facilities with all said properties to be affected thereby being legally described in Exhibit A 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 construction and monitoring activities affecting 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: All And the following voted against same: None Whereupon said Resolution was declared duly passed and adopted. • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes 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 Connel property. �f WITNESS my hand and the seal of said City this 1 3 4 day of 19� U ' A icel Robertson (SEAL) City Administrator od • L t.. • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: March 27, 199' -5 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 27th day of March, 1995, at 7:00 o'clock p.m. The following members were present: Mayor, Barbara H. O'Neal Councilpersons: Janet Robert Mark Swenson Dean Kern David Schaaf The following members were absent: None Member Schaaf introduced the following Resolution and moved its adoption: • RESOLUTION NO. q5-C -16 CITY OF OAK PARK HEIGHTS RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE STREET RECONSTRUCTION AND RELATED IMPROVEMENTS OF 1995 PROJECT WHEREAS, the consulting engineers for the City of Oak Park Heights have prepared final plans and specifications for the construction of the street reconstruction and related improvements of 1995 project to be completed within said City; and, WHEREAS, such plans and specifications have been presented to the council for approval. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: 1. Such plans and specifications are hereby approved and order placed on file in the Office of the City Administrator. 2. That the City Administrator, in conjunction and cooperation with the Office of the City Engineer, shall prepare and • caused to be inserted in the official newspaper and the Construction Bulletin an advertisement for bids upon making of such • improvements under such approved plans and specifications. The advertisement shall be published in each of said publications at least once not less than 3 weeks before the date set for the opening bids, shall specify the work to be done, shall state that the bids will be publicly opened on April 28, 1995 at 2:00 p.m. at the Municipal Building within said City and that no bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% of the amount of such bid. The motion for the adoption of the foregoing Resolution was seconded by member Kern and upon vote being taken thereon the following voted in favor thereof: Mayor, Barbara H. O'Neal Councilpersons: David Schaaf Dean Kern Janet Robert Mark Swenson The Following voted against same: None. • Whereupon said Resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the ordering and directing preparation of final plans and specifications of the 58th Street Improvements of 1995 in said City. WITNESS my hand and the seal of said City this day of 19�.5� "Michael Robertson (SEAL) City Administrator I CITY OF OAK PARK HEIGHTS RESOLUTION 95 -03 -15 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO MENARDS TO ALLOW OPEN AND OUTDOOR STORAGE WHEREAS, Menards has requested a Conditional Use Permit (CUP) to allow open and outdoor storage; and, WHEREAS, City Planning Consultant Northwest Associates, in a staff report dated March 22, 1995, finds that the CUP is justifiable in that the outdoor storage area is screened from adjacent uses; and, WHEREAS, the City finds that the proposed CUP will not; 1) Impair an adequate supply of light and air to adjacent property. 2) Unreasonably increase congestion in the public street. 3) Increase the danger of fire or endanger the public safety. 4) Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights hereby approves said Conditional Use Permit to allow Menards open and outdoor storage, with the following conditions. 1) The storage area is screened from view from the public right -of -way. 2) The storage area is surfaced to control dust. 3) All lighting for the storage area is hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences. 4) Hours of semi -truck delivery and unloading are restricted to 8:00 a.m. to 9:00 p.m., Monday through Saturday and 10:00 a.m. to 8:00 p.m. on Sunday. 5) The noise from the public address system must meet the standards defined in the City's Zoning Ordinance. The City reserves the right to require Menards to turn down the volume on the public address system. Passed by the City Council of Oak Park Heights this 27th day of rch, 1995. Mayor Attest: �ity Admirfistrator CITY OF OAK PARK HEIGHTS RESOLUTION 95 -03 -14 A RESOLUTION GRANTING A VARIANCE TO MENARDS TO ALLOW A FOURTEEN FOOT HIGH FENCE WHEREAS, Menards has requested a variance to allow an increase in the maximum allowable fence height from eight feet to fourteen feet; and, WHEREAS, City Planning Consultant Northwest Associates, in a staff report dated March 22, 1995, finds that the variance is justifiable in that the proposed height is appropriate and necessary to ensure that the outdoor storage area is screened from adjacent uses; and, WHEREAS, the City finds that the proposed variance will not; 1) Impair an adequate supply of light and air to adjacent property. 2) Unreasonably increase congestion in the public street. 3) Increase the danger of fire or endanger the public safety. 4) Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of the Zoning Ordinance. • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights hereby approves said variance to allow Menards a fourteen foot high fence, with the following condition. 1) Menards is restricted from storing materials in a manner that they extend above the height of the screening fence and storage racks. Passed by the City Council of Oak Park Heights this 27th day of March, 1995. Mayor Attest: City A mi strator h CITY OF OAK PARK HEIGHTS RESOLUTION 95 -03 -13 A RESOLUTION GRANTING A VARIANCE TO MENARDS TO ALLOW A REDUCTION IN REQUIRED PARKING SPACES FROM 465 TO 405 WHEREAS, Menards has requested a variance to allow a reduction in the number of parking spaces from the minimum required 465 spaces to 405; and, WHEREAS, City Planning Consultant Northwest Associates, in a staff report dated March 22, 1995, finds that the variance is justifiable in that the size of the proposed Menards building is more reflective of the materials sold there than the amount of people who will be shopping there, and therefore the proposed use will not be generating the traffic that another use would; and, WHEREAS, There is enough space available on the site that, should the use change to a use requiring more parking, there would be sufficient space available to provide the required parking; and, WHEREAS, the City finds that the proposed variance will not; 1) Impair an adequate supply of light and air to adjacent property. 2) Unreasonably increase congestion in the public street. 3) Increase the danger of fire or endanger the public safety. 4) Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights hereby approves said variance to allow Menards a reduction in required parking spaces from 465 to 405. Passed by the City Council of Oak Park Heights this 27th day of March, 1995. Mayor Attest: � I ty Ad minis rator • • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -03 -12 A RESOLUTION APPROVING THE 1995 MODIFICATION NO. 1 TO THE 1989 ST. CROIX MALL TAX INCREMENT FINANCING PLAN (STREET RECONSTRUCTION PROJECT) BE IT RESOLVED, by the City Council in and for the City of Oak Park Heights, Minnesota (the "City ") , as follows: 1. The Board of Commissioners of the Housing and Redevelopment Authority (HRA) and City Council (the "City Council ") of the City of Oak Park Heights, Minnesota (the "City ") have previously approved a redevelopment plan as defined in Minnesota Statutes, Section 469.002, Subdivision 16, designated as the Oak Park Heights Redevelopment Plan (the "Redevelopment Plan ") ; and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 469.002, Subdivision 14 (the "Redevelopment Project ") ; and a Tax Increment Financing Plan, as defined in Minnesota Statutes 469.174 to 469.179, which established the Tax Increment Financing Plan for the St. Croix Mall project. It has been proposed that the HRA approve a modification of the Tax Increment Financing Plan, pursuant to Minnesota Statutes 469.174, in order to finance public improvement costs to be incurred by the HRA in connection with a street reconstruction program previously • identified in the Redevelopment Plan. 2. The HRA has requested that this Council approve the 1995 Modification No. 1 Tax Increment Financing Plan following a public hearing thereon. The HRA has furnished to the Council a copy of the 1995 Modification No. 1 and this Council on March 27, 1995 held a public hearing on the same after notice of the public hearing was published in the official newspaper of the City, not less than ten days prior to the date of the hearing. At the public hearing, all persons desiring to be heard with respect to the 1995 Modification No. 1 Tax Increment Financing Plan were heard. 3. The 1995 Modification No. 1 to the Tax Increment Financing Plan for St. Croix Mall TIF Project is hereby approved. • L r • Passed by the City Council of Oak Park Heights this 27th---day of March, 1995. a Attest: 'City Admini`s`trator` The motion for the adoption of the foregoing resolution was made by Councilmember Schaaf and duly seconded by Councilmember Kern and upon vote being taken the following voted in favor thereof: Councilmember Schaaf Councilmember Kern Councilmember Swenson • Councilmember Robert Mayor O'Neal and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, whose signature was attested by the City Administrator. • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -03 -11 A RESOLUTION APPROVING THE 1995 MODIFICATION NO. 1 TO THE 1989 ST. CROIX MALL TAX INCREMENT FINANCING PLAN AND REQUESTING THE APPROVAL OF THE CITY COUNCIL (STREET RECONSTRUCTION PROJECT) BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Oak Park Heights, Minnesota (the "HRA ") , as follows: 1. The (HRA) and City Council (the "City Council ") of the City of Oak Park Heights, Minnesota (the "City ") have previously approved a redevelopment plan as defined in Minnesota Statutes, Section 469.002, Subdivision 16, designated as the Oak Park Heights Redevelopment Plan (the "Redevelopment Plan ") ; and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 469.002, Subdivision 14 (the "Redevelopment Project "); and a Tax Increment Financing Plan, as defined in Minnesota Statutes 469.174 to 469.179, which established the Tax Increment Financing Plan for the St. Croix Mall project. It has been proposed that the HRA approve a modification of the Tax Increment Financing Plan, pursuant to Minnesota Statutes 469.174, in order to finance public improvement costs to be incurred by the HRA in connection with a street reconstruction program previously identified in the Redevelopment Plan. 2. The 1995 Modification is described in the attached document entitled Modification No. 1 to Tax Increment Financing Plan for St. Croix Mall TIF Project, dated March 27, 1995, and is hereby approved. 3. The 1995 Modification No. 1, together with the written opinion of the Commission, shall be presented to the City Council for a public hearing on the 1995 Modification No. 1 pursuant to Minnesota Statutes, Section 469.175, Subdivision 3. Dated the 27th day of March, 1995. Cha' Attest: xecutive Di • RESOLUTION NO. — ©� • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR UTILITY AND STREET INSTALLATIONS IN VALLEY VIEW ESTATES II WHEREAS, Krongard Construction Company has applied to the City of Oak Park Heights for preliminary plat approval on Valley View Estates II; and, WHEREAS, Krongard Construction Company has agreed to pay all costs and expenses incurred by the City in developing plans and specifications for utility extension and street construction within the area to be known as Valley View Estates II; and, WHEREAS, the preliminary drawings for Valley View Estates II shall be modified by the Developer to show City access by way of park access area sidewalk /bike trail in the areas affecting Lot 18 and Lot 1 of the proposed plat; and, WHEREAS the developer shall have signed a development agreement with the City of Oak Park Heights for the implementation and construction of all municipal utilities, public streets and • related developments on or before the City would take action to award any contracts for the construction of same; and, WHEREAS, the said aforementioned development agreement shall provide that the developer shall pay the entire cost of the construction of such municipal utilities and public streets and related improvements within the affected area. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the plans and specifications as prepared by the Office of the City Engineer for Valley View Estates II is hereby approved and the Engineers are authorized and directed to cooperate with the City Administrator in preparing the appropriate publication of same as required by statute. 2. That the City shall conduct a bid opening on April 7, 1995 at the offices of the City Administrator with the City Council reviewing the bids as submitted at its Regular Council Meeting on April 10, 1995. 3. That the Developer shall resubmit to the City of Oak Park Heights a preliminary plat for Valley View Estates II depicting and specifying the park access /bike path /sidewalk areas as requested by • the Office of the Planner affecting Lots 18 and 1 thereon. . 1 4. That the Developer shall, prior to April 10, 1995, have • entered into a Developer Agreement with the City of Oak Park Heights providing adequate security for the full construction of all municipal utilities and public streets and related improvements as specified for within the plans and specifications approved within this Resolution for this project. Passed by the City Council for the City of Oak Park Heights this 13th day of March, 1995. Barbara H. O'Neal, Mayor ATTEST: 1 J' Robertson City Administrator • . CITY OF OAK PARK HEIGHTS RESOLUTION 95 -03 -09 A RESOLUTION APPROVING PLANS FOR THE IMPROVEMENT OF COUNTY STATE AID HIGHWAY 21 WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, plans for Washington County Project No. SAP 82- 621 -18 showing proposed alignment, profiles, grades, and cross - sections for the construction, reconstruction, or improvement of County State Aid Highway No. 21 within the limits of the City as a State Aid Project have been prepared and presented to the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights hereby approves said plans in all areas. Passed by the City Council of Oak Park Heights this 13th day of March, 1995. ct Mayor • Attest: City Administrator CERTIFICATION State of Minnesota County of Washington City of oak Park Heights I, ,9c�� Z ° ��y``✓GY/ Clerk of the City of Oak Park Heights, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Oak Park Heights regular meeting thereof assembled this 13th day of March, 1995 by the following vote: AYES: 5 NAYS: 0 ABSENT: None � • `Clerk of the City of Oak Park Heights RESOLUTION NO. 95 -02 -08 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA GRANTING PRELIMINARY APPROVAL TO THE AUTUMN RIDGE PLAT SUBJECT TO CONDITIONS AND FURTHER GRANTING REZONING APPROVAL CONTINGENT UPON FINAL PLATTING WHEREAS, Arcon Development has submitted an application to the City of Oak Park Heights to seek permission to plat real property located within the City to be designated as Autumn Ridge; and, WHEREAS, the proposed Development has been submitted to and received preliminary comment from the Offices of the City Planner, by Memorandum date January 19, 1995; and, WHEREAS, the Office of the City Engineer is still reviewing the proposed plat and development to address engineering storm water drainage, utility and traffic circulation issues; and, WHEREAS, the plat is dependent upon for access from 58th Street assuming its construction in the vicinity of the subject property by the City of Oak Park Heights; and, • WHEREAS, the subject property has benefited by the construction of 58th Street as proposed by 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 subject property is hereby rezoned to an R -1A single °_. family residential zoning classification as opposed to the former 0 - Open Space classification which will require minimum lot size of 12,500 square feet per lot with lot widths being at a minimum of 85 feet. This approval is contingent upon and subject to the successful final platting of Autumn Ridge as proposed and is further subject to the terms and conditions set forth below affecting that platting. 2. The terms and conditions of the Planner's Report from Northwest Associated Consultants, Inc. dated January 19, 1995 are herewith incorporated and imposed upon the Developer. The Developer must satisfy and address each of the concerns and contingencies noted therein and received the approval of the Planner as to each prior to submitting final plat for approval. That the Developer shall achieve or perform in each of the areas so required to be completed pursuant to said report on or before April 30 , 1995. • 3. That said preliminary plat is subject to the review and approval of the City Engineer as to all issues of grading, drainage, storm water ponding, utility extension, traffic circulation and other elements as specified within the Ordinances of the City of Oak Park Heights. That Developer shall be required to receive the approval of the City Engineer as to all such aspects of its plan and proposed plat prior to proceeding ahead with final platting. 4. That the Developer shall coordinate its street access location to 58th Street in conjunction with the Brackey Addition Street access location of Krueger Lane to the satisfaction of the City Engineer in a manner so as to provide the necessary distances between those access points to 58th Street affecting each street respectively in the manner required by the City Engineer. S. That this preliminary plat approval is also subject to the Developer successfully entering into a Development Agreement, the terms and conditions of which are to be reviewed and approved by the City Attorney. The Development Agreement shall include but not be limited to issues addressed by the City Planner in his report, commentary and requirements of the City Engineer as may be forthcoming after a review of the proposed plat, contribution of the Developer to 58th Street and related issues as may be specified by the office of the City Attorney and provided for within said Development Agreement. 6. That all construction as it affects this proposed plat shall be coordinated through the Office of the City Engineer so as to not disturb or interfere with the City's construction of 58th Street as projected by the Office of the City Engineer. Passed by the City Council for the City of Oak Park Heights this 27th day of February, 1995. arbara H. O'Neal, Mayor ATTEST: Michael . '!$,obertson City Administrator • 2 i # �N Northwest Associated Consultants, Inc. A C U R B A N P L A N N I N G• D E S I G N M A R K E T R E S E A R C H C D C�M0YEE r JAN 2 0 1995 PLANNING REPORT -- TO: Oak Park Heights Mayor and City Council FROM: Elizabeth Stockman / Scott Richards DATE: 19 January 1995 RE: Oak Park Heights - Autumn Ridge Subdivision FILE: 798.02 - 94.13 BACKGROUND Arcon Development has submitted preliminary plat plans for the subdivision of 77 single family lots. The property is located between 58th Street and the Stillwater Area High School and encompasses 30.12 acres. The developer is proposing rezoning of the site from O, Open Space to R -1, Single Family Residential. The development timing is contingent upon the construction of 58th Street, access onto such, and the relationship with surrounding area properties. Attached for reference: Exhibit A - Site Location Exhibit B - Preliminary Plat Exhibit C - Conceptual Property Configuration NOTE: The grading, drainage, utility and street plans were received by the City and Northwest Associated Consultants on Wednesday afternoon. • 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 RECOMMENDATION • Based upon the following review, our office recommends the City Council hold in its preliminary plat decision in that grading, drainage, utility and street section plans were not received in adequate time for review. Additionally, the City Engineer has not had an opportunity to review any major issues that may affect the preliminary plat, primarily the offset issue on 58th Street created by Krueger Lane and the easterly entrance to the Arcon development (Street E). Once the materials have been submitted and reviewed by City staff and any major issues resolved, our office recommends approval of the Autumn Ridge preliminary plat subject to the following: 1) The property is rezoned to R -lA, Single Family Residential. 2) The area of Lot 7, Block 1 and Lot 3, Block 2 are brought into conformance with the R -lA standards. 3) Street A is realigned so as to provide a connection to the east to facilitate the proper extension and platting of lots to the north of the adjacent wetland. 4) The City Engineer review and comment on the offset on 58th Street created by Krueger Lane and the easterly entrance to the Arcon development. 5) The grades of all streets shall not be greater than eight percent and the minimum grade shall not be less than .50 percent. The City Engineer should review the plat and provide comment on this matter. 6) Ten foot drainage and utility easements are provided along all lot lines and all other wetland /storm water easements are reviewed and approved by the City Engineer. 7) The subdivision design incorporates adequate provisions for storm water runoff and is subject to review and approval by the City Engineer and the Browns Creek Water Management Organization as necessary. 8) A grading and drainage plan is submitted as is required and should include a delineation of grading limits which restricts areas to be graded to only street construction, drainage, or other City - approved purposes. 9) Utility and street section plans are submitted for review and approval by the City Engineer. 10) The developer dedicate the appropriate amount of park land and cash as recommended by the Park Commission and approved by the City Council. 11) Other conditions as per the City Council and City staff. • 2 • ISSUES ANALYSIS Zoning. The property is currently zoned, O, Open Space Conservation, and will need to be rezoned to accommodate single family development. It is recommended that the MA, Single Family Residential zoning classification be imposed to ensure minimum lot sizes of 12,500 square feet with lot widths of 85 feet minimum. The lot size of 12,500 square feet and MA zoning is recommended as the minimum for residential development in this area in that it sets a standard for future development of the Haase property and recognizes a desired development density that accommodates the natural features of the area. This should not be a problem for the developer, as the majority of lots shown on submitted plans meet or exceed these requirements. Only Lot 7, Block 1 and Lot 3, Block 2 are less than 12,500 square feet in area. All lots are in excess of the 85 foot width requirement at the building setback line. Setbacks. The minimum structure setbacks of the R -lA Zoning District have been outlined below. All lots within the proposed subdivision contain sufficient buildable area and are capable of meeting all setbacks. Front Yard: 30 feet Side Yard (interior): 10 feet Side Yard (corner): 30 feet Rear Yard: 30 feet Street Alignment. The proposed street alignment is generally acceptable, however, the street connection to the east does not allow for proper extension and platting of lots to the north of the Adjacent wetland in the Haase property. To alleviate this problem, the stub street (A) should be angled more to the northeast and Street E should subsequently be changed to meet the alignment at a ninety degree angle (refer to the conceptual property layout shown in Exhibit C). Cul- de-Sac Streets. The submitted plat includes three cul -de -sac streets which vary in length from ± 100 feet to ± 500 feet. Cul -de -sacs are permitted where topography or other physical conditions justify their use. The developer, City Administrator, and City Planner walked the subject site and agreed that the proposed cul -de -sacs are the best means by which to utilize the natural topographical ridges and preserve trees. A fourth cul -de -sac which was previously included in the southeast corner of the plat has been eliminated. 58th Street Access. The proposed plat includes two access points onto 58th Street at a separation distance of ±600 feet. While this is generally acceptable in itself, the street configurations of neighboring properties to the north and east must also be considered. Specifically, the conceptual layout of the Brackey property to the north shows a proposed street connection approximately 180 feet further east of Street E as shown in the Arcon plat. The street offset issue will be subject to City Engineer review. Additionally, the layout of the Haase property to the east which is slated for residential development as well as anticipated 3 establishment of a community park, must coordinate with the Arcon development. It is recommended the City Council consider the conceptual property configuration on the south side of 58th Street be considered as shown in Exhibit C. Street Grades. Except when, upon the recommendation of the City. Engineer, that the topography warrants a greater maximum, the grades of all streets shall not be greater than 8 percent and the minimum grade shall not be less than .50 percent. The City Engineer should review the plat and provide comment on this matter. Easements. The City Subdivision Ordinance requires that easements for utilities at least 10 feet wide be provided along all lot lines. Additionally, the developer has set aside drainage and storm water easements around the on -site wetlands. The City Engineer should review the plat and provide comment as to the acceptability of proposed easements. Storm Water Drainage. All subdivision design shall incorporate adequate provisions for storm water runoff and shall be subject to review and approval by the City Engineer and Browns Creek Water Management Organization. A grading and drainage plan has been submitted by the developer. Grading /Transportation. A grading and drainage plan has been submitted which includes a delineation of grading limits. Areas to be graded must only be for street construction, drainage, or other City - approved purposes, as all other areas should be left for custom grading as individual house plans are imposed. This is intended to aid in the maintenance of as much of the tree cover and the existing natural conditions as possible. The developer has agreed to limit mass grading to the extent possible. Our office will work with the developer as the final plans are developed to assure maintenance of the tree cover. Park Dedication. A small outlot area has been set aside within the southeast corner of the Autumn Ridge plat to allow space for construction of trails and preservation of wetlands. Our office has recommended that the developer will be required to dedicate a combination of land and cash to meet the City's park dedication requirement. The Park Commission reviewed the plat at their 17 January 1995 meeting and recommended that the City Council accept a cash dedication and the smallest practical land dedication in the southeast corner of the development to accommodate the wetland, trails and access to the School District property. Once the size of that area has been established, a fair market value would be established and subtracted from the overall dedication amount. This issue will need to be resolved before a final plat is accepted. The Park Commission also made a recommendation on the preferred trail plan of the wetland areas in the southeasterly corner of the Arcon development continuing through the Haase property to the east. The Commission supported a minimal dedication (minimum of 20 to 25 feet) along the north side of the wetlands identified in Exhibit C. A wider dedication area would be maintained along the south side of the wetlands and would provide the primary trail • 4 connection between the proposed park and the School District property. Retaining the narrow • easement on the northerly edge of the wetlands was thought to be necessary by the Park Commission in that it will provide the area required to eventually loop the wetlands with a trail system. Northwest Associated Consultants or the City Engineer will need to verify that the narrow easement will provide reasonable space to place a trail in these areas. CONCLUSION The plat is generally consistent with City Zoning and Subdivision Ordinance requirements, although several issues remain outstanding which must be resolved prior to preliminary plat and subsequent project approvals. At the forefront, is the review of required information such as grading, drainage, utility, and street section plans. Additionally, design related issues such as street alignments and lot configurations must be addressed. Assuming resolution of all issues discussed herein, we recommend approval of the plat subject to the conditions as outlined in the Recommendation section of this report. PC: Mike Robertson Mark Vierling Joe Anderlik Rick Packer Roger Benson • 5 CITY OF OAK PARK HEIGHTS -- ^ ❑ Li ,- - \/ � °• •. �:; O _1_1_1_1_ � •� • � _ _ - ?i 1 _.--- .... ....... ...... __.__.___ -___ D • • I I 70NED 0 (OPEN SPACE) PROPOSFD H -2 58TH_ STREET NORTH Y -- -- - - " - -' -- 1 s 43 O • 3 11,967 ff 20,/74 a/ 't IY.561 al 16 19,11.: ` 1• ^ 11 /p w al a 20.630 aI . r '. ,a . / 1 77 9 8• 1l 5w • 19,755 of ,. •' 19 15,:141 al •d • b •.� U 1 •... a7 t ,9 2 42 7s 6 X 2 r ' I I o 7 S � t 13.54/ • �Q ` , ) ^,435 6 Nu 5 41 F 13.7+4 ,/ t 141, 17.6w. ,p >, j 40 TO 11 tx. 5 ti c. Its I ! / + 8 ;� ,o 14.769 ,1 ' 14 »,GOu ar /' 39 ! • 1� -170 s1 u • / S / » Il,an9 >/ .. 5 't' rh Q 11.194 ,1 • • Y `. =i �� '� o l9 12 17 4 0- 1 26 11,667 yl ' O 7 /h 16.1:,6 ff 4 . o 'i l• , 11•. � Ij 4 38 27 .]p 1 "J 9: •, \' 4 r1 ' f ' Ia.) 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I 21 .; "'• `° 1 , - STREET A ri 0 o ,60 > >� 25 X 26 1 • 6 \ 0 - - - _ I w 20 `� 24 16.613 >f :•. ~ ^' _ u S.na•, sl J 32s• 23 7n,3•.a ,1 W Y+ / 14,1 •el -.f : \ 1 ,' 74,999 ai :161 nY •1 �/' /� / 13 \ I I 21.:1: of �r — -- , — —1- — 22 21 1 v .s 1..l6C al . � • 1 14 N,y 15 N � . - .. .. ...�« W W 20 f i � 6 /:/ � :.• � � � . \ _ 29.374 ,1 _ 18 _ 19 w 74.1./ ,1 >> IM. 179 al Y 16 17 16.14::1 N,SU f1 OUTLOT A 174 7rJNFn r) ( r fN .d n, ) f E XHIBIT L x I r N. 4 /• ''� `P: _• t: ' S-_ -s a. -S `.. .._ ._ �\ t 5„ i , \ •.rl \ , '1 �_. \ ' � ♦ • � c •/ � 1 � g I _ — -i 0 'A A PTU A ------------- SL OT N, a Ni ♦ r n Ick TUID ,4 1 I 4 s W % z l� 7 N, ST t lF B WETLAND d0a 7 tj 9 PA / e sr HOCKEY . 2 ... D FOS 6 VIM P I NI M4 can e ROU D WETLAND �a 7 E SK 14 SOCCER ENNIS/ 7 KET 17 me am ram 4 ., 411111111 2 'IN N 34 r 2) 31 is 5 4t E 21 2- NN 22 21 a 2cl Qlft* WOO t i EXHIBIT C. 01 V, P RESOLUTION NO. 95 -02 -07 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING PRELIMINARY PLAN APPROVAL FOR BRACKEY ADDITION SUBJECT TO CONDITIONS AND CONDITIONALLY REZONING LOT 1, BLOCK 1, TO B -2 ZONING DESIGNATION FROM CURRENT 0 - OPEN SPACE ZONING, LEAVING ALL OUTLOTS IN 0 - OPEN SPACE ZONING WHEREAS, the City of Oak Park Heights has received an application from Robert Brackey seeking the zoning of certain lands within the City of Oak Park Heights and proposing the platting of same as Brackey Addition; and, WHEREAS, the City Council has received the Planner's Report of January 19, 1995 and February 16, 1995 with commentary with regard to the application; and, WHEREAS, the City Council for the City of Oak Park Heights has received the Engineering Report dated February 22, 1995 from the City Engineer's evaluating the proposed plat; and, WHEREAS, the City Council has also received informal commentary from the Minnesota Department of Transportation with regard to said application; and, WHEREAS, the applicant seeks a preliminary plat status at this time together with rezoning of Lot 1, Block 1 as depicted within said plat to a B -2 Zoning Designation with said property currently being in the 0 - Open Space Zoning; and, WHEREAS, staff recommendations currently recommend conditional approval of a preliminary plat and rezoning approval of Lot 1, Block 1, Brackey Addition, subject to certain terms and conditions as outlined within the planning and engineering reports; and, WHEREAS, the City Council for the City of Oak Park Heights, subject to the foregoing conditions determines that it appropriate to grant preliminary plat status to the proposed plat of Brackey Addition, subject to the terms and conditions as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. Rezoning. Lot 1, Block 1, of Brackey Addition as the same is depicted within the proposed plat on file and of record within the City offices is hereby rezoned to a B -2 Zoning designation contingent upon the applicant pursuing and achieving final plat approval for Brackey Addition. 2. Preliminary Plan Approval for Brackev Addition is hereby • granted subject to the following terms and conditions which must be completed by the applicant on or before Anril 30 1995, those terms and conditions being as follows: a. That the preliminary plat of Brackey Addition be submitted to the Minnesota Department of Transportation pursuant to Minnesota Statute §505.03, subd. 2 and that Minnesota Department of Transportation grant its approval thereto as provided for within the statute. b. That the applicant comply with and meet the terms and conditions set forth within the Planner's Report of February 16, 1995 as submitted by Northwest Associated Consultants, Inc. a true and correct copy of which is annexed hereto and incorporated herein by reference. C. That the developer comply with the terms and conditions set forth within the Engineering Report of Bonestroo, Rosene, Anderlik & Associates, dated February 22, 1995 and obtained from the Office of Bonestroo, Rosene, Anderlik & Associates a final approval of the proposed storm water facilities including storm water detention ponds and drainage pathways as have been depicted within the preliminary plat and drawings submitted in conjunction therewith. A true and correct copy of said • report is annexed hereto and incorporated herein by reference. d. That all construction as it affects this proposed plat shall be coordinated through the Office of the City Engineer so as to not disturb or interfere with the City's construction of 58th Street as projected by the Office of the City Engineer. Passed by the City Council for the City of Oak Park Heights this 27th day of February, 1995. ` Qm arbara H. O'Neal, Mayor ATTEST: Michael J R ertson City Administrator • 2 I r N Northwest Associated Consultants, Inc. A C U R 8 A N P L A N N I N G - D E S I G N • M A R K E T R E S E A R C H • MEMORANDUM TO: Oak Park Heights Mayor and City Council FROM: Scott Richards DATE: 16 February 1995 RE: Oak Park Heights - Brackey Addition Rezoning and Preliminary Plat - FILE NO: 798.02 - 94.12 City staff including Mike Robertson, Mark Vierling, Joe Anderlik and myself met with Bob • Brackey and his associates on 6 February 1995 to discuss the issues related to preliminary plat and rezoning approval for the Brackey Addition located south of Highway 36 and west of Norell Avenue. Staff has reached a level of satisfaction with the plat, zoning and associated issues to recommend preliminary plat approval for the City Council meeting scheduled on 27 February 1995. A copy of the preliminary plat is found as Exhibit A. The approval shall be contingent upon the following conditions compiled from the 19 January 1995 Planning Report and the discussion on 6 February. The recommended conditions are as follows: A. Approval of a rezoning of Lot 1, Block 1 to a B -2 zoning designation at the time of final plat approval of the Brackey Addition plat. All remaining areas within Brackey Addition are to remain zoned O, Open Space, and left as outlots (unbuildable) until replatting at a future date. B. Approval of the revised Brackey Addition preliminary plat subject to the following conditions: 1. A utility plan depicting the lot layout reflected in the revised preliminary plat is forwarded to, and approved by the City Engineer. 2. All easements as required by the Subdivision Ordinance, City Engineer, and City Attorney are to be included on the preliminary plat. • 5775 Wayzata Blvd. - Suite 555 • St. Louis Park, MN 55416 - (612) 595- 9636-Fax. 595 -9837 3. The applicant revise the grading plan to accommodate future consolidation of • properties and adequate commercial building pads in the northwest corner of the Brackey Addition plat. 4. Approval by MnDOT for the requested access permit for the north south street to the Highway 36 frontage road (60th Street North) shall be provided to the City by the applicant. 5. The preliminary plat shall be submitted to MnDOT for their approval under the requirements of Minnesota Statutes 505.03. 6. The subdivision's north/south street is named in accordance with the City's roadway identification system or City Council allows an exception by naming the roadway Krueger Lane. 7. The City Engineer has found the placement of Krueger Lane appropriate and recommends that street access for property to the south of 58th Street either align with Krueger Lane or is offset a minimum of 250 feet. 8. The grading, drainage, erosion control plan and design of storm water facilities within Brackey Addition be approved by the City Engineer before final plat approval. • 9. Review and approval of the plans, as required by the Browns Creek Water Management Organization, be completed before final plat approval. 10. An easement of at least 15 feet shall be provided on the easterly side of the Krueger Lane right -of -way to accommodate a sidewalk/pathway. 11. Connection and associated fees for Lot 1, Block 1 shall be outlined in and paid to the City at the time of execution of the development contract. Connection and associated fees for the remaining outlots shall be completed and specified in the development contract. 12. Cash and/or land park dedication fee for Brackey Addition shall be approved by the City Council as a part of final plat approval and paid to the City at the time of execution of a development contract. 13. A development contract, as approved by the City Attorney, between the applicant and the City is approved by the City Council and executed. The terms of the contract shall include the applicant's contribution to 58th Street and a waiver of deferment of assessments under the Green Acre Statute. • 2 14. All other comments and conditions of the City Council, City staff or other • agencies. C. Approval of the rezoning and preliminary plat is subject to final resolution of design and authorization by the City Council to construct 58th Street. Staff is confident that the conditions listed above can be reasonably worked out with Mr. Brackey to allow completion of a final plat and development contract for the Brackey Addition. As such, we recommend approval of the preliminary plat with the conditions listed above. The rezoning would be approved concurrently with final plat approval. PC: Mike Robertson Mark Vierling Joe Anderlik Bob Brackey Fred Kueppers Tim Erkkila • 3 ..._.---- ._.__..r ......... .....J _........_ .... .. 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ZIP I . ` ' ",_�+' % � 4x1, t~ l ``\� ) `,��` •� � / .� � ._' \ ` ♦ 1 ) \,___�`• `•.\. �'�� TONER r !,\ � \ I 1 \. \111 _y.:;::':, ,$ g��� �� •-� � ' i' ' .,'� --._ r,.nl sNkak ' r� Ate'. ` � ♦ .. ♦_.�•5'�rJO. 'l�.ri•Frr♦/E: r.. N. rr IKYfLI�'^!Vw[._ -aa, 1nY 1\ `,, .,' /// ...:.,.. ..'. -,_. ,,r.,\ \ \\ / / SITE LOCATION DEVELOPMENT DATA �� --- PROJECT NAME: BrrK1»y Addllan ENISON . ZT14c.: 0, Op.n sprfee Crr 11-tim Sile� ("s r1 LOCANN. ( - dhre.l 1 M. Nlassr lnYr OI Ih• 90th 51, 11 MOPOSLD ZONING: U -2, G.nrrd Busies. N/.Ihroy 36 .fwlh hwt r, rood) m♦d N-N A- N SIZE AREA; W 1 II IS ACRrS Oak Pak H.iy+1. and -Wh 1 Ihn plod 500, St, N. m Ih• CAy of rhrttnt A 2. 95 -CRrS Clck Park Hoot,, Ouuol B 2394 ACRES ROW I9R ACRES r_ __ _ N. Y 9 ROW 2 no ArKS OEKIq'CR /Ap%JfANI/0'NILR: 4r, Rtw.rl (. O.ar4ey y NORTH ( 1]59 Jn!f sm SI. rold di3E1 A1./tf3 L_� 51 pall, MWre.ota 55117 '1 (612) .D4 -1715 • ' X 1 95 SITE PLANNER /SURKYOR /tWAREER: �j� µP-1 k - S- Inc. E4- 1•,a:M, mi.- wlo ♦ M Ar .e• (912) 937 -5150 p tf 451045 •w r. •• ri w , IrIMM WAStWOOd e:in » w.r'.,'.: :•":.r•"` - wx wr .. PRELIMINARY .• rrr ». — - -- -- — - - --- w ^ BRACKEY ADDITION PLAT yRLr 011r Rrr. Nr' rw..r., 1 of Z Bonestroo, Rosene Andelkd .end Assoriotes Inc is ,- Affirmative Action /Equal Opportunity Employer Bonestroo Otto G Bonestroo PE Hnw.ud A Sa ntord. PE Vh rnael C Lynch PE Gaiy D Kns[o htz. PE Rosene Robert W Rosene, PE ' Krim A Guidon . PE James R Maland, PE Brian K Gage PE Joseph C Anderlik, PE Robert R Pfefferie. PE Jerry D Pertzsch. PE Keith R. Yapp. PE Marvin L Sorvala, PE Richard W Foster PE Frederic J Stenborg PE. Douglas J Benoit. PE Anderlik Richard E Turner. PE David O. Loskota. PE Scott J Arganek, PE. Shawn D Gustafson, PE Glenn R C PE Robert C Russek, A.1 A Kenneth P. Anderson, PE. Cecilia Olivier, PE. Thomas E Noyes, PE Jerry A Bourdon PE. Mark R. Rolls. PE Paul G Heuer, PE. Associates Robert G. Schunicht, PE. Mark A. Hanson. PE. Mark A Seip, P.E. John P. Gordet PE. Suzan M Eberlin, C PA Michael T Rautmana, PE Gary W Monen, PE Dan D. Boyum. PE. Engineers & Architects Senior Consultant Ted K Field. PE Paul J Gannon. A I A Jeffrey J Ehlennger. PE Thomas R Anderson. A I A. Daniel J Edgerton, PE Lee M Mann, PE Donald C Surgardt, PE. A Rick Schmidt, P.E. Charles A Erickson Thomas A Syfko. P.E. Philip J. Caswell, P.E. Leo M Pawelsky February 22 1995 Frederic J. Stenborg, PE. Mark D. Wallis. PE. Harlan M. Olson f Ismael Martinez, PE. Miles B. Jensen, P.E. Agnes M. Ring Michael P Rau, P.E. L. Phillip Gravel, PE James F. Engelhardt Thomas W Peterson, PE Karen L. Wiemen, PE Mr. Mike Robertson City of Oak Park Heights, P.O. Box 2007] Stillwater, MN 55082 Re: Brackey Addition Our File No. 55 Dear Mike: Please be advised that we have reviewed the preliminary plat and grading plan submitted by Westwood Professional Services for the Brackey Addition. We have also reviewed the conditions contained in the February 16, 1995 planning memorandum prepared by Northwest Associates and concur with those conditions except as noted below: The offset requirements for Kreuger Lane and the residential street to the south of 58th Street must be accomplished. This requirement could also mean the relocation or movement of Kreuger Lane to some extent, which may mean a revision to the preliminary plat as submitted. The final analysis of the storm water facilities, including the storm water detention ponds, has not been completed to date. We are in general agreement with the grading and drainage concept as it relates to Lot 1, Block 1. However, any preliminary approvals granted at this time should not imply that the drainage and ponding facilities shown on any of the submittals are adequate or approved. Very truly yours, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Joseph C. Anderlik JCA:pr • cc: Mark Vierling Scott Richards 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612 - 636 -4600 CITY OF OAK PARK HEIGHTS . RESOLUTION 95 -02 -06 A RESOLUTION ADOPTING THE INTERNATIONAL CITY /COUNTY MANAGERS ASSOCIATION RETIREMENT CORPORATION (ICMA -RC) DEFERRED COMPENSATION /RETIREMENT PLAN WHEREAS, the City of Oak Park Heights has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Oak Park Heights has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the City of Oak Park Heights desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that the funds held under such plan be invested in • the ICMA Retirement Trust, a trust established by public employees for the collective investment of funds held under their retirement and deferred compensation plans; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights hereby adopts the deferred compensation plan (the "Plan ") in the form of the ICMA Retirement Corporation Deferred Compensation Plan, referred to as Appendix A. BE IT FURTHER RESOLVED, that the City of Oak Park Heights hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City, if the assets of the plan are to be invested in the ICMA Retirement Trust. BE IT FURTHER RESOLVED, that the City Administrator of Oak Park Heights shall be the coordinator for this program; shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the City, any required votes under the ICMA Retirement Trust; administrative duties to carry out the plan may be assigned to other departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. • Passed by the City Council of Oak Park Heights this 27th day of • February, 1995. Mayor Attest: City Admi�nisrator I 1 ;1 C`q' Clerk of the City of Oak Park Heights, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Oak Park Heights regular meeting thereof assembled this 27th day of February, 1995 by the following vote: • AYES: 5 NAYS: 0 ABSENT: None '/�� /y ���"— Pleof t City of Oaf Park Heights • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -02 -05 A RESOLUTION MAKING RECOMMENDED 1994 YEAR END FUND TRANSFERS WHEREAS, based upon review and recommendation of City Auditor Dave Mol of Tautges, Redpath, the City Council finds that the following transfers of funds are necessary. 1. Transfer $10,000 from AAE- Sanitary Sewer Connection Charge Fund to the Water & Sewer Revenue Bonds of 1991 /Refunding Bonds of 1993 Fund for debt service payments as outlined in the 1993 Management Report. 2. Transfer $55,000 from the AAE -Water Works Connection Charge Fund to the Water & Sewer Revenue Bonds of 1991 /Refunding Bonds of 1993 Fund for debt service payments as outlined in the 1993 Management Report. 3. Transfer $50,000 from the General Fund to the Capital Improvement Fund - Unallocated. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that the above listed transfers are approved. • Passed by the City Council of Oak Park Heights this 13th day of February, 1995. CA CL Barbara O'Neal, Mayor ATTEST: Michael obertson City Administrator • • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -01 -04 A RESOLUTION REQUESTING CHANGES BY MNDOT TO THE PROPOSED HIGHWAY 36 DESIGN REGARDING CONSTRUCTION OF A SIDEWALK /BIKING TRAIL FROM THE CLUB TARA CUL -DE -SAC TO THE SOUTH FRONTAGE ROAD WHEREAS, the City Council finds that the proposed Minnesota Department of Transportation ( MNDOT) Highway 36 Design plans, which do not provide any type of traffic connection between the Club Tara cul -de -sac and East (Lower) Oak Park Heights, are unacceptable because they will further isolate East (Lower) Oak Park Heights from the rest of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that MNDOT alter its proposed Highway 36 Design plans to incorporate a sidewalk /biking trail between the Club Tara cul -de -sac and the road designated as South Frontage Road. Passed by the City Council of Oak Park Heights this 23rd day of January, 1995. Q-OL Barbara O'Neal f Mayor ATTEST: ������ Michael Robertson City Administrator • • CITY OF OAK PARK HEIGHTS RESOLUTION 95 -01 -03 A RESOLUTION REQUESTING CHANGES BY MNDOT TO THE PROPOSED HIGHWAY 36 DESIGN REGARDING SIDEWALKS AT THE INTERSECTIONS WHEREAS, the City Council finds that the current intersections of Osgood and Oakgreen on Highway 36 are inhospitable to pedestrian and bicycle traffic, and WHEREAS, the City Council finds that the proposed Minnesota Department of Transportation ( MNDOT) Highway 36 Design plans, though an improvement, are still not as hospitable as possible because the sidewalks are limited to one side of the intersection. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that MNDOT alter its proposed Highway 36 Design plans to incorporate sidewalks on both sides of the Osgood and Oakgreen intersections. Passed by the City Council of Oak Park Heights this 23rd day of January, 1995. • VC4— co—/ Barbara O'Neal, Mayor ATTEST: 9 Michael Robertson City Administrator CITY OF OAK PARK HEIGHTS RESOLUTION 95 -01 -01 A RESOLUTION DESIGNATING 1995 CHECKING & BANK DEPOSITORIES BE IT RESOLVED, that the City Council of Oak Park Heights designates the following as the official 1995 checking and bank depositories: Central Bank - Checking, Savings, & Investments Lake Elmo Bank - Investments 1st State Bank of Bayport - Investments Firstar Bank - Investments Metropolitan Federal Savings Bank - Investments First Bank - Investments Norwest Bank - Investments Juran & Moody, Inc. - Investments Passed by the City Council of Oak Park Heights this 9th day of January, 1995. 0"c a- . Barbara O'Neal, Mayor ATTEST: Michael Robertson City Administrator