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HomeMy WebLinkAbout1994 Resolutions CITY OF OAK PARK HEIGHTS RESOLUTION 94 -12 -41 A RESOLUTION ESTABLISHING THE ENTIRE CITY HALL AS A "SMOKE FREE" BUILDING WHEREAS, the State of Minnesota has passed a law requiring public buildings to be smoke free. NOW THEREFORE BE IT RESOLVED, that the City Council of Oak Park Heights declares its entire Municipal building to be a "smoke free" environment. Passed by the City Council of Oak Park Heights this 27th day of December, 1994. �iu- UC1� -Ct� ATTEST: G�-�- Barbara O'Neal, Mayor • Michael Robertson City Administrator • 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 Segge] Dean Kern David Schaaf The following members were absent: None The meeting was held pursuant to the y the City Council on November 28, 1994, callin ag on • the proposed 58th Street improvements bete d the Stillwater Area High School property, wit more particularly described in the Notice of I E�d at said Council Meeting, a copy of which is 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 Objector Property Objection 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 I • the council assessing 700 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. 5. 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. • 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 Michae Ro ertson (SEAL) City Administrator { RESOLUTION #94 -12 -39 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 1995 GENERAL FUND LEVY WHEREAS, the City Staff has prepared and submitted to the City Council the proposed general fund levy for calendar year 1995; and, WHEREAS, public notice has been duly given as provided by law with public hearings being conducted by the City Council with regard to the proposed general fund levy, receiving no adverse comment from the public and with regard thereto; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed general fund levy as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the . City of Oak Park Heights: 1. That the City 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 calendar year 1995 in the amount of $ 1,329,370.00 2. That the City Clerk is also authorized and directed to certify to the County Auditor - Treasurer the sum of $ 23,635.00 for improvements to Storm Sewer Improvement Tax District No. 1, to be collected in calendar year 1995 with the real estate taxes on the affected properties. Passed by the City Council for the City of Oak Park Heights this 27th day of December 1994. Barbara H. O'Neal, Mayor Attest: v �.v La Vonne Wilson Administrator /Treasurer RESOLUTION #94 -12 -38 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 1995 BUDGET WHEREAS, the City Staff has prepared and submitted to the City Council the proposed budget for calendar year 1995; and, WHEREAS, public notice has been duly given as provided by law with public hearings being conducted by the City Council with regard to the proposed budget, receiving no adverse comment from the public with regard thereto; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the • City of Oak Park Heights: That the 1995 budget is hereby approved as presented by the City Auditor in the total General Fund amount of $ 1,867,100.00. Passed by the City Council for the City of Oak Park Heights this 27th day of December 1994. -bot-lt-&— �j Barbara H. O'Neal, Mayor Attest: a Vonne Wilson Administrator /Treasurer • EXTRACT OF THE MINUTES OF TUB MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA HELD: NOVEMBER 28 1994 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Washington County, Minnesota, was duly called and held at the City Hall in said City on the 28th day of November, 1994, at 7:30 o'clock p.m. The following members were present: Mayor, Barbara O'Neal Councilpersons: Dean Kern Dave Schaaf Jack Doerr Richard Seggelke and the following were absent: None • Member Dean Kern introduced the following Resolution and moved its adoption: RESOLUTION NO. 94 -11 -35 RESOLUTION ORDERING PRELIMINARY REPORT FROM ENGINEER AND CALLING FOR PUBLIC BEARING ON 58TH STREET IMPROVEMENTS OF 1994 WHEREAS, the City Council deems it necessary and expedient that the City of Oak Park Heights., Minnesota consider the construction of certain improvements to wit: construction of 58th Street between Norell Avenue and the Stillwater Area High School property and related water, sanitary sewer and storm sewer utilities, bike paths and walkways within the City as are described and in accordance with the preliminary plans and specifications Of the report prepared by Bonestroo, Anderlik and Associates, consulting engineers; and, WHEREAS, the City has been advised by the consulting engineers that said 58th Street improvements with related utilities are feasible and should be best made as proposed; and, WHEREAS, the consulting engineers report to this effect has • been ordered by the City Council and is to be filed with the City Clerk; and, • WHEREAS, the statute provides that no such improvement shall be made until the Council shall have held a public hearing on such improvements following mail notice and two publications thereof in the official newspaper stating the time and place of the hearing, the general nature of the improvement, the estimated costs thereof in the area proposed to be assessed, in accordance with the law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAR PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, AS FOLLOWS: 1. That a public hearing shall be held on November 28, 1994 at 7:30 p.m. as is more fully set forth in the Notice of Public Hearing attached hereto as Exhibit A to consider said proposed improvements. 2. That the nature of the improvements, the estimated costs to each major portion thereof, and the areas proposed to be assessed therefore are described in the form of a Notice of Hearing attached hereto as Exhibit A. 3. That the Notice of said Public Hearing shall be in substantially the form contained within the Notice hereto attached as Exhibit A. 4. That the City Clerk is hereby authorized and directed to cause Notice of said Public Hearing to be given- two publications in the official newspaper of the City. Said publication shall be • at least one week apart and at least three (3) days shall elapse between the last publication and the hearing. Not less than ten (10) days before the hearing, the Clerk shall mail notice of the hearing to the owner of each parcel of land within the area proposed to be assessed as described within the Notice. For the purpose of giving such mail notice, owner shall be those as shown on the records of the County Auditor or, if the tax statements in the County are mailed by the County Treasurer, on the records of the County Treasurer. As to properties not listed on the records of the County Auditor or County Treasurer, the Clerk shall ascertain such ownership by any practicable means and give mail notice to such owners. The motion for the adoption of the foregoing Resolution was duly seconded by Member David Schaaf; and upon a voice vote being taken thereon the following voted in favor thereof: Mayor, Barbara O'Neal Councilpersons: Richard Seggelke David Schaaf Jack Doerr Dean Kern • and the following voted against same: None • Whereupon said Resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Clerk. STATE OF MINNESOTA } ) SS: COUNTY OF WASHINGTON) CITY OF OAK PARK HEIGHTS I, LaVonne Wilson, the undersigned, being the duly qualified and acting Clerk of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing Extract of Minutes with the original Minutes of a meeting of the City Council duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as it relates to the adoption of Resolution pursuant to the 58th Street Improvement project. WITNESS my hand as such Clerk and the official seal of the City of Oak Park Heights, this 5th day of December, 1994 LaVonne Wilson, City Clerk i (Seal) • • RESOLUTION 94 -09 -33 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 1995 PROPOSED BUDGET WHEREAS, the City Staff has prepared and submitted to the Council it's proposed budget for calendar year 1995; 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 1995 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $1,879,655.00. • 2. That the City Clerk 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 1995 in the amount of $1,370,639.00. 3. That the City Clerk 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 1995 with the real estate taxes on the affected properties. 4. That the City Clerk is also authorized and directed to certify to the County Auditor - Proposed Capital Programs levy in the amount of $67,230.00, to be collected in calendar year 1995. Passed by the City Council for the City of Oak Park Heights this 12th day of September, 1994. Barbara H. O'Neal, Mayor Attest: LaVonne Wilson • Administratorlfreasurer • RESOLUTION 94 -08 -30 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ENCOURAGING THE HONORABLE ARNE CARLSON GOVERNOR OF THE STATE OF MINNESOTA TO CALL A SPECIAL SESSION AS SOON AS POSSIBLE TO DEAL WITH THE ISSUES RAISED BY THE MINNESOTA SUPREME COURT IN MATTERS AFFECTING THE RELEASE OF SEXUAL OFFENDERS WITHIN THE COMMUNITY WHEREAS, the City of Oak Park Heights is located in a community which has contained within it or adjacent to it, two major correctional facilities; and, WHEREAS, recent decisions by the Minnesota Supreme Court indicate inadequacies in the laws of the State affecting the ability of the Department of Corrections to protect the children of the State of Minnesota from repeat sexual offenders; and, WHEREAS, it appears that additional legislation is required so that predatory and repeat sexual offenders not be enabled to be released within the community to once again perpetrate crimes . against the children and the people of the State of Minnesota; and, WHEREAS, the point of release for most of these individuals as has been currently displayed within the past week is in the Oak Park Heights, Bayport and Stillwater communities. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, that this City, on behalf of all of its children and the members of the public throughout this community, request that the Governor of the State of Minnesota call as soon as reasonably possible a special legislative session to deal with the inadequacies of the existing state laws affecting the release of repeat and predatory sexual offenders within the State of Minnesota. Passed by the City Council of the City of Oak Park Heights this 22nd day of August, 1994. Barbara H. O'Neal, Mayor Attest: J ,#y H� s D puty City Clerk • RESOLUTION 94 -08 -29 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE GRANT OF A VARIANCE TO THE SUNNYSIDE MARINA FOR CONSTRUCTION OF A 600 FOOT EXPANSION OF RESTROOMS AND OFFICE SPACE WHEREAS, the City Council for the City of Oak Park Heights has received an application from the Port of Sunnyside Club, Inc. located at 6413 St. Croix Trail North, along the St. Croix River as located within the City of Oak Park Heights; and, WHEREAS, said application requests permission to construct a 600 foot expansion of restrooms and office space associated with the marina operation onto the existing 7000 square foot structure; and, WHEREAS, the existing structure encroaches into the required river setback of 100 feet and is a nonconforming structure under the terms and provisions of section 401.03A2 of the Code of Ordinances of the City of Oak Park Heights; and, WHEREAS, the Port of Sunnyside Club, Inc. and the properties • located therein are uniquely situated in such a manner that the proposed construction of the expansion can only be constructed in the manner proposed which will laterally extend along the existing line of encroachment in relationship to the St. Croix River setback; and, WHEREAS, the City Council has determined that the proposed use of the building is reasonable and necessary to serve the demands of the public and those members of the Port of Sunnyside Club utilizing the St. Croix River access provided for with the Port of Sunnyside; and, WHEREAS, denial of the variance request would work an undue hardship upon the applicant in that they would not be able to construct the additional restrooms which are necessary to the continued operation of the Port of Sunnyside and would alleviate and provide for the removal of the portable toilets that are now being used in that vicinity; and, WHEREAS, the extension as proposed would enhance the esthetic qualities of the area by removal of the portable restroom facilities and the provision of a non - obtrusive building extension providing adequate and suitable bathroom and restroom facilities to the boating public; and, • WHEREAS, existing municipal water, sanitary sewer and storm sewer services are located in the area to provide for appropriate disposal of sanitary waste; and, WHEREAS, the existing configuration of the structures now located upon the property preclude the selection of alternate building sites; and, WHEREAS, the City Council for the City of Oak Park Heights has duly conducted public hearings with regard to the proposal of the Port of Sunnyside Club, Inc. and has received no adverse comment thereon; and, WHEREAS, the City Council has received the planning report of its planning consultant, Northwest Associated Consultants, Inc. dated August 17, 1994. NOW THEREFORE BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: 1. That the variances requested by the Port of Sunnyside Club, Inc. as located at 6413 St. Croix Trail North, City of Oak Park Heights, along the St. Croix River be and the same is hereby granted subject to review and approval of same by the Minnesota Department of Natural Resources as provided by law. 2. That the recommendations of the City Planner set forth in its correspondence of August 17, 1994, are hereby made a part of this approval and must be complied with prior to any final • variance permit being issued by the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 22nd day of August, 1994. arbara H. O'Neal, Mayor ATTEST: j 41-4 #Z44t Ju Hol D uty 6ity Clerk • • RESOLUTION #94 -08 -27 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING AGREEMENT NO. 72439 BETWEEN CITY OF STILLWATER, THE STATE OF MINNESOTA, AND THE CITY OF OAK PARK HEIGHTS FOR TRAFFIC CONTROL SIGNAL AT TH 36 AT WASHINGTON AVENUE - NORELL AVENUE BE IT RESOLVED, that the City of Oak Park Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to -wit: To revise the existing traffic control signal, and remove the existing traffic control signal and install a new traffic control signal with street lights, advance warning flashers, interconnect and signing on Trunk Highway No. 36 at Washington Avenue - Norell Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 72439, a copy of which was before the Council. • BE IT FURTHER RESOLVED, that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Passed by the City Council of the City of Oak Park Heights this 8th day of August, 1994. J, Barbara O'Neal, Mayor Attest: La Vonne Wilson • City Administrator /Treasurer • RESOLUTION NO. 94 -08 -26 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING SELECTION OF ELECTION JUDGES FOR 1994 ELECTIONS AND ESTABLISHING COMPENSATION WHEREAS, the City Clerk has presented a list of persons interested to be nominated and appointed as election judges for purposes of the 1994 elections; and WHEREAS, said list is annexed hereto as Exhibit A and incorporated by reference herein; and WHEREAS, the City Council feels that it would be fair and appropriate to compensate those individuals for their time for purposes of being an election judge at the rate of $5.00 per hour and $5.50 per hour for Chairperson. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the annexed list of nominated election judges shall be selected as election judges for the 1994 • elections. That individuals serving in that capacity shall be compensated by the City of Oak Park Heights at the rate of $5.00 per hour and $5.50 per hour for Chairperson. Passed by the City Council of the City of Oak Park Heights this 8th day of August, 1994. Barbara O'Neal, Mayor Attest: �La Vonne Wilson Administrator /Treasurer • i • EXHIBIT A 1994 ELECTION JUDGES Lois Simonson Selma Black Edna Wall Erna Reynolds Janet Wettergren June Hall Ruth Zieman Wynona Torgerson Dorothy Haas Harold Zieman Barbara Hanke Jenny Hanke Adele Tait • • RESOLUTION #94 -07 -24 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING CONTRIBUTION TO EMERGENCY REPAIRS EXPERIENCED ALONG COUNTY ROAD 21 IN THE PERRO CREEK DRAINAGE AREA BY THE CITY OF BAYPORT WHEREAS, in the spring of 1994, the County of Washington and the City of Bayport were required to make emergency repairs to County Road 21 and implement emergency measures as it affected certain drainage systems within the Perro Creek System, including the Prison Pond Outlet; and, WHEREAS, Washington County has indicated that they will be reconstructing County Road 21 in the fall of 1994 and along with that construction of the road, it is feasible and appropriate that the present Prison Pond Outlet structure be replaced; and, WHEREAS, the cost of construction of the Prison Pond Outlet structure is estimated amount of $70,000.00; and, • WHEREAS, the County of Washington has indicated that they will pay for the cost of culvert under County Road 21 along with all engineering costs associated with the Prison Pond Outlet structure and County Road 21 culvert; and, WHEREAS, the same leaves a balance of $50,000.00 to be financed by the communities of Stillwater, Oak Park Heights, Bayport and Baytown Township; and, WHEREAS, there have been several meetings between representatives of the various communities that deal with issues as it affects contribution to such project; and, WHEREAS, the City of Oak Park Heights does not commit to any long term improvements or proposals for projects dealing with the issues involved in the Perro Creek Drainage Systems, but does recognize that its community is benefited by the reconstruction of the Prison Pond Outlet structure; and, WHEREAS, the City of Oak Park Heights does not commit to any methodology for determination of future improvements, but is willing to contribute up to the sum of $12,532.50 towards this particular project without establishing any commitment to future project or precedent as to method of contribution to future • projects if determined to be desirable by communities affected. • NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, that the City shall contribute up to the sum of $12,532.50 to the City of Bayport upon certification from their engineering department that the Prison Pond Outlet structure has been reconstructed pursuant to the plans and specifications previously approved by Washington County and the City of Bayport affecting such project. That this contribution is made specifically for the reconstruction of the Prison Pond Outlet and that the City's determination of benefit, level of contribution or need to participate within this project, shall have no bearing on future decisions of the Council as it affects future proposed projects within this area of the watershed. Passed by the City Council of the City of Oak Park Heights this 11th day of July, 1994. C Barbara O'Neal,l ay Attest: 1�onne Wilson, City Clerk • C •_ I RESOLUTION NO. 94 -07 -23 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION DECLARING DEFAULT UNDER THE TERMS OF THE MAY 20, 1993 DEVELOPERS AGREEMENT FOR THE SUBDIVISION KNOWN AS RIVER HILLS 2ND ADDITION AND AUTHORIZING THE CITY ENGINEER TO IMPLEMENT CORRECTIVE ACTION TO CORRECT THE MATTERS IN DEFAULT REQUIRING PERFORMANCE AND FURTHER DIRECTING THE CITY CLERK TO DRAW UPON THE DEVELOPERS LETTER OF CREDIT WHEREAS, The engineers for the City of Oak Park Heights, Bonestroo, Rosene, Anderlik & Associates have reported to the City that conditions of non - compliance have occurred within the terms and conditions of that Development Agreement executed by and between the City of Oak Park Heights and Heritage Development of Minnesota, Inc. as that agreement is dated May 20, 1993; and, WHEREAS, as annexed hereto and incorporated herein by reference is a Memo from the offices of Bonestroo, Rosene, Anderlik & Associates of the items of work that yet need to be completed by the Developer; and, WHEREAS, the Developer was provided ample opportunity and • reasonable time to complete the items of work as were specified within said Memo; and WHEREAS, said Developer has not completed said item. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, that Default is hereby declared within the terms and conditions of that Developer's Agreement dated May 20, 1993 for the subdivision known as River Hills 2nd Addition; and, BE IT FURTHER RESOLVED, that the Offices of the City Engineer for the City of Oak Park Heights are hereby authorized and directed to implement corrective action to take care of those matters in default, requiring performance as are outlined in the annexed Exhibit A; and BE IT FURTHER RESOLVED, that the City Clerk for the City of Oak Park Heights is herewith authorized and directed to notify Builder's Development and Finance, Inc. who have issued irrevocable Letters of Credit on this project to the City of Oak Park Heights pursuant to the terms and conditions of the Development Agreement dated, May 20, 1993. That Default has occurred under the terms and conditions of such Letters of Credit and Development Agreement and to withhold therefrom reasonable amounts to be calculated by the • Office of the City Engineer to secure the performance of the work • that shall be undertaken by the City of Oak Park Heights through the offices of its City Engineers to correct the aforementioned conditions of default. Passed by the City Council for the City of Oak Park Heights this 11th day of July, 1994. Barbara H. O'Neal, Mayor Attest: avonne Wilson, City Clerk • • .07/27/94 10:16 JUL. -21' 94 (WED) 09:10 P.002 _..:...:._....... - Memo - ......... _ . _: _ ._.�....._ gone stroo 5t. Paul • Mikvsukes R le7vc A I J/j ,Z . MCM Rbsene . 2335 west Highway 36 Fie Number. Anderiik & St. Paul, MN 55113 Date: Anodates Engineers & •Architun • . 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Rosene f t • RESOLUTION #94 -06 -21 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OPPOSING THE DESIGNATION OF OSGOOD AVENUE FROM STATE HIGHWAY 36 TO CSAH 14 AS A LOW PRIORITY BY THE LINEAR PARRS SUBCOMMITTEE OF THE WASHINGTON COUNTY PLANNING ADVISORY COMMISSION WHEREAS, The Linear Parks Subcommittee of the Washington County Planning Advisory Commission has reviewed transportation to plans within the County from the viewpoint of trails, bike paths, pedestrian walkways and other transportation corridors for non - motorized transportation; and, WHEREAS, said Subcommittee has identified Osgood Avenue, lying between State Highway 36 to CSAH 14 as a low priority for purposes of establishing such non - motorized transportation corridors, trails, paths and related facilities; and, WHEREAS, the City of Oak Park Heights recognizes that segment 29, being Osgood Avenue, otherwise known as County Road 67, lying between State Highway 36 and CSAH 14, serves as a major transportation link between population areas, city parks, shopping centers, government offices and commercial areas of the City of Oak Park Heights; and, WHEREAS, the City Council for the City of Oak Park Heights determines that the residents of the City of Oak Park Heights and Washington County would be served by establishing segment 29, i. e. Osgood Avenue as a high priority for the location of such bike paths, pedestrian walkways and other non - motorized transportation corridors. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, that the Washington County Advisory Commission together with its Subcommittee on Linear Parks is requested to review and again reassess the area identified as segment 29 for purposes of establishment of possible bike paths, walkways, cross country trails, etc. insofar as that area provides a major transportation link between recreational areas of the City of Oak Park Heights in the form of Valley View Park and Brekke Park, government facilities in the form of the Washington County Government Center, the commercial facilities in the form of the St. Croix Mall, and residential facilities in the form of Ramie Johnson Estates highrise and related facilities. 010 BE IT FURTHER RESOLVED, that the City Council for the City of Oak Park Heights supports the redesignation of Segment 29 as a high priority for the establishment of such trails, paths and other • alternative transportation uses. Passed by the City Council of the City of Oak Park Heights this 27th day of June, 1994. Barbara O'Neal, Mayor Attest: LaVonne Wilson, City Clerk 0 RESOLUTION 94 -03 -15 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING FURTHER AMENDMENT TO SECTION 301.03(x) OF THE CODE OF ORDININANCES OF THE CITY OF OAR PARR HEIGHTS WHEREAS, the Building Inspector for the City of Oak Park Heights is requested clarification as to nonstructural remodeling type projects and maintenance installations within residential structures within the City of Oak Park Heights as it affects, application to building permit fees; and, WHEREAS, the Building Inspector specifically requested information as to whether or not water tank replacement and furnace replacement should be treated as with all other maintenance type projects requiring a minimal $25.00 fee for building inspection and fees; and, WHEREAS, the building official for the City of Oak Park Heights recommends that application of minimum fees in the amount of $25.00 to all maintenance projects of a non - structural nature. • NOW THEREFORE BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the Office of the Building Inspector is herewith authorized and directed to collect a minimum fee of $25.00 for all water /heater replacement and furnace replacement residential projects within the City and to treat the same as a maintenance type project for purposes of application to the building code. Passed by the City Council of the City of Oak Park Heights this 28th day of March, 1994. K,CcA - 0. Barbara O'Neal,�ayor ATTEST: r LaVonne Wilson City Clerk /Administrator RESOLUTION 94 -03 -14 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OPPOSING REPRESENTATIVE NEARY'S PROPOSED WASHINGTON COUNTY LAND MANAGEMENT ACT WHEREAS, the City Council for the City of Oak Park Heights has received a proposal from Afton's legislative representative, Pam Neary, proposing a "Washington County Growth Management Act of 1994 "; and, WHEREAS, said proposal, as conceived of, by Representative Neary, would use the power of taxation to deter and penalize future growth within Washington County; and, WHEREAS, the proposal would also freeze existing MUSA lines radically change the ability of cities and townships to deal with issues of annexation, lower road standards and effectively remove the local jurisdiction from issues of land management and control within their very jurisdiction; and, WHEREAS, the very concept of this legislation is dedicated to the "I've got mine philosophy of life" intending to reward those which already live within Washington County and effectively bar access to Washington County from those that would propose to move here in the future; and, WHEREAS, the legislation as proposed is not only ill conceived, but it is confiscatory to the rights and properties of existing land owners within the Washington County, who may in future years wish to develop part or all of their land so as to allow occupancy by future generations of Washington County residents; and, WHEREAS, the proposed legislation would effectively deter the children of the families now located within Washington County in locating their future businesses and homes within the communities in which they were raised and effectively denying the opportunity for a future within this area to the children of Washington County. NOW THEREFORE BE IT RESOLVED by the City Council for the City of Oak Park Heights, that the City is opposed to the concepts proposed by Representative Pam Neary of Afton within her proposed legislation for growth management in Washington County. • Passed by the City Council of the City of Oak Park Heights this 14th day of February, 1994. ��arbara O'Neal, Mayor Attest: - � / err- s..��•C- 6./-� .c � Wilson Administrator /Treasurer N • EXTRACT OF THE MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA HELD: MARCH 14, 1994 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Washington County, Minnesota, was duly called and held at the City Hall in said City on the 14th day of March, 1994, at 7:00 o'clock p.m. The following members were present: Mayor, Barbara O'Neal Councilpersons: Dean Kern Dave Schaaf Jack Doerr Richard Seggelke and the following were absent: None • Member Kern introduced the following Resolution and moved its adoption: RESOLUTION NO. #94 -03 -13 RESOLUTION ORDERING PRELIMINARY REPORT FROM ENGINEER AND CALLING FOR PUBLIC HEARING ON 58TH STREET IMPROVEMENTS OF 1994 WHEREAS, the City Council deems it necessary and expedient that the City of Oak Park Heights, Minnesota consider the construction of certain improvements to wit: construction of 58th Street and related water, sanitary sewer and storm sewer utilities within the City as are described and in accordance with the preliminary plans and specifications of the report prepared by Bonestroo, Anderlik and Associates, consulting engineers; and, WHEREAS, the City has been advised by the consulting engineers that said 58th Street improvements with related utilities are feasible and should be best made as proposed; and, WHEREAS, the consulting engineers report to this effect has is been ordered by the City Council and is to be filed with the City Clerk; and, i • WHEREAS, the statute provides that no such improvement shall be made until the Council shall have held a public hearing on such improvements following mail notice and two publications thereof in the official newspaper stating the time and place of the hearing, the general nature of the improvement, the estimated costs thereof in the area proposed to be assessed, in accordance with the law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAR PARR HEIGHTS, WASHINGTON COUNTY, MINNESOTA, AS FOLLOWS: 1. That a public hearing shall be held on April 11, 1994 at 7:30 p.m. as is more fully set forth in the Notice of Public Hearing attached hereto as Exhibit A to consider said proposed improvements. 2. That the nature of the improvements, the estimated costs to each major portion thereof, and the areas proposed to be assessed therefore are described in the form of a Notice of Hearing attached hereto as Exhibit A. 3. That the Notice of said Public Hearing shall be in substantially the form contained within the Notice hereto attached as Exhibit A. 4. That the City Clerk is hereby authorized and directed to • cause Notice of said Public Hearing to be given two publications in the official newspaper of the City. Said publication shall be at least one week apart and at least three (3) days shall elapse between the last publication and the hearing. Not less than ten (10) days before the hearing, the Clerk shall mail notice of the hearing to the owner of each parcel of land within the area proposed to be assessed as described within the Notice. For the purpose of giving such mail notice, owner shall be those as shown on the records of the County Auditor or, if the tax statements in the County are mailed by the County Treasurer, on the records of the County Treasurer. As to properties not listed on the records of the County Auditor or County Treasurer, the Clerk shall ascertain such ownership by any practicable means and give mail notice to such owners. The motion for the adoption of the foregoing Resolution was duly seconded by Member Schaaf ; and upon a voice vote being taken thereon the following voted in favor thereof: Mayor, Barbara O'Neal Councilpersons: Richard Seggelke David Schaaf Jack Doerr Dean Kern and the following voted against same: None Whereupon said Resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Clerk. STATE OF MINNESOTA ) : COUNTY OF WASHINGTON) CITY OF OAR PARR HEIGHTS 0 I, LaVonne Wilson, the undersigned, being the duly qualified and acting Clerk of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing Extract of Minutes with the original Minutes of a meeting of the City Council duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as it relates to the adoption of Resolution pursuant to the Petition for 58th Street Improvements of 1994. WITNESS my hand as such Clerk and the official seal of the 40 City of Oak Park Heights, this 16th day of March 1994 La�onne Wilson, City Clerk t RESOLUTION #94 -03 -12 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING AN APPLICATION FOR ASSESSMENT ABATEMENT TO BE FILED IN OFFICE OF THE WASHINGTON COUNTY AUDITOR'S /TREASURER WHEREAS, within calendar year 1993, the City of Oak Park Heights administratively certified for collection assessments affecting property 60004 -3315 and 60004 -3320 in the amount of $8,355.00 each; and, WHEREAS, said assessments as certified are the product of clerical error and are not to be assessed against the aforementioned properties at this time; and, WHEREAS, the office of the City Clerk has prepared a request for abatement as to both of the subject properties requesting that the assessments in the aforementioned amounts be abated and relieved from collection. NOW THEREFORE BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the City Clerk's Office is herewith authorized to file the request for abatement in the manner and form annexed hereto as Exhibits A and B; and BE IT FURTHER RESOLVED, that the certification of assessments effecting parcel 60004 -3315 and 60004 -3320 are herewith requested to be abated. Passed by the City Council of the City of Oak Park Heights this 14th day of March, 1994. Barbara O'Neal, Mayor ATTEST: `La Vonne Wilson i City Clerk /Administrator RESOLUTION #94 -03 -11 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING THE APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE AS SUBMITTED BY DUCKS UNLIMITED /ST. CROIX VALLEY CHAPTER TO CONDUCT A GAMBLING /RAFFLE EVENT AT THE VETERANS OF FOREIGN WARS POST 323 WITHIN THE CITY OF OAK PARK HEIGHTS ON MAY 5, 1994 WHEREAS, the City of Oak Park Heights has received a copy of an Application submitted to the State of Minnesota by Ducks Unlimited, St. Croix Valley Chapter; and, WHEREAS, the gambling site is designated to be the Veterans of Foreign Wars Post 323, 5880 Omaha Avenue, within the City of Oak Park Heights; and, WHEREAS, the event /activity is to occur on May 5, 1994; and, WHEREAS, Ducks Unlimited, St. Croix Valley Chapter has demonstrated and applied for exemption indicating their IRS designation and affiliate with the parent, non - profit organization known as Ducks Unlimited; and, WHEREAS, Ducks Unlimited has conducted this raffle previously within the City of Oak Park Heights and has demonstrated the non- profit purpose for the event; and, WHEREAS, there was no public opinion received by the City of Oak Park Heights that was adverse to the application. NOW THEREFORE BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the application as provided to the Minnesota Gambling Control Board by Ducks Unlimited, St. Croix Valley Chapter seeking permission to operate a raffle with the event being held on May 5, 1994 at the site of the Veterans Foreign Wars Post 323, 5880 Omaha Avenue North, Oak Park Heights, Minnesota, being the same is hereby approved. Passed by the City Council of the City of Oak Park Heights this 14th day of March, 1994. Barbara O'Neal, Mayor ATTEST: • LaVonne Wilson City Clerk /Administrator RESOLUTION #94 -03 -10 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING BUILDING PERMIT FEES WITHIN THE CITY OF OAK PARK HEIGHTS z WHEREAS, Section 301.03A of the code of ordinances of the City of Oak Park Heights provides a building permit fee shall be established by city council resolution from time to time; and, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Oak Park Heights, Washington County, Minnesota passed Resolution 301 -82 -80 is hereby revoked in its entirety and following building permit fees are hereby established: a. Residential remodeling projects. For all non- structural residential remodeling projects (i.e. residing, reroofing, driveway installation, fence installation, tool shed /small accessory building installation, and all other maintenance type projects where no structural changes are being proposed or implemented upon the residential property. The City of Oak Park Heights shall collect a single fee of $25.00. • b. For all other residential and commercial property, building permit fees shall be those that are established in the 1991 version of the uniform building code as adopted pursuant to Section 301.01 of the code of ordinances for the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 14th day of March 1994. \it J s t Barbara O'Neal, Mayor ATTEST: a Vonne Wilson City Clerk /Administrator i i RESOLUTION 94 -02 -08 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE TRANSFER OF $100,000.00 AS DESIGNATED IN THE BUDGET FOR STREET RECONSTRUCTION IN THE CAPITAL OUTLAY FUND TO AN INDIVIDUAL FUND FOR STREET RECONSTRUCTION AS RECOMMENDED BY THE CITY AUDITOR WHEREAS, the City Council received the report from the City Treasurer and Auditor recommending a budgetary transfer of $100,000.00 as previously designated for street reconstruction in the Capital Outlay Fund to be transferred to an individual fund for street reconstruction effective December 31, 1993; and, WHEREAS, said budget transfers are part of the comprehensive reports and recommendation from the City Auditor and had been approved by the Office of the City Treasurer, NOW THEREFORE BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the recommendation from the City Auditor • recommending the transfer of $100,000.00 previously designated for street reconstruction in the Capital Outlay Fund to the individual fund for street reconstruction effective December 31, 1993, be and the same is hereby approved, with the Office of the City Clerk /Administrator being directed to implement these transfers immediately. Passed by the City Council of the City of Oak Park Heights this 28th day of February, 1994. Barbara O'Neal, Mayor ATTEST: avonne Wilson City Clerk /Administrator • I RESOLUTION #94 -02 -07 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION SUPPORTING THE CITY OF RED WING AND THEIR POSITION REQUESTING THAT NORTHERN STATES POWER COMPANY BE ALLOWED TO PROVIDE FOR THE TEMPORARY STORAGE OF SPENT FUEL AT THE PRAIRIE ISLAND NUCLEAR PLANT WHEREAS, the City Council for the City of Oak Park Heights has received correspondence, documentation and a Resolution of the City of Red Wing supporting legislation that would allow the temporary storage of spent fuel by Northern States Power at their Prairie Island Nuclear Power Plant; and, WHEREAS, the City of Oak Park Heights, like the City of Red Wing, also has within its community a Northern States Power Electrical Generating Plant and understands and appreciates the significant role that Northern States Power can play within a community, in addition to the significant role that Northern States Power plays in providing electrical power for this state; and, WHEREAS, the City of Oak Park Heights has appreciated its relationship with Northern States Power throughout the past decades and acknowledges that Northern States Power has managed and operated its facilities with the sensitivity towards the community in which it operates, a high level of responsibility and stewardship to the environment and state in which it serves and with a respect for the delicate balance that must always be achieved between providing an economical energy source and maintaining the safety and security of the environment in which they operate; and, WHEREAS, Northern States Power's Prairie Island power plant has produced safe, low cost electricity for more than twenty (20) years and is consistently ranked as one of the lowest, safest, and most productive and efficient nuclear plants in the Country; and, WHEREAS, the Nuclear Regulatory Commission has repeatedly recognized the Prairie Island plant as one of the best run nuclear facilities in the Country; and, WHEREAS, the Prairie Island Power Plant will reach maximum capacity of its temporary storage facility for spent fuel in 1994 and necessary permits and approvals for State and Federal regulatory agencies have been obtained so as to allow for the temporary storage of older spent fuel and dry casks, a method safely utilized by at least six (6) other nuclear power plants; and, WHEREAS, the ultimate issue of the temporary and /or permanent ' storage of spent nuclear fuel needs to be addressed on a Federal /National level inasmuch as it as well as other issues RESOLUTION 94- 01 -06 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING THAT THE MINNESOTA DEPARTMENT OF TRANSPORTATION ACCELERATE THE TIMETABLE FOR THE CONSTRUCTION OF PROJECT SP8204 -37 IMPACTING TRUNK HIGHWAY 5 WHEREAS, Trunk Highway 5 passes through the City of Oak Park Heights and borders an area that is served by the Stillwater Area High School as is located within the City of Oak Park Heights and, WHEREAS, the City of Oak Park Heights and the Stillwater High School have experienced considerable traffic increases along Trunk Highway 5 as a result of the construction of the Senior High School facility and related developments, and, WHEREAS, the Minnesota Department of Transportation has previously projected a reconstruction of Trunk Highway 5 which has been identified as Special Project 8204 -37 which project however due to funding difficulties has been delayed and, WHEREAS, the City of Oak Park Heights is of the opinion that the Public Safety of the Community reasonably requires acceleration of the timetable for the construction of special project 8204 -37 so as to avoid unnecessary injury to the public and property along that corridor and reasonably believes that the Minnesota Department of Transportation should take whatever measures are necessary to accelerate that timetable for construction of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the City hereby requests the Minnesota Department of Transportation to consider the acceleration of their timetable for the construction of improvements to Trunk Highway 5 known as special project 8204 -37 to provide for the construction of same within calendar year 1994 or at the latest date 1995, as the construction of this project is necessary to serve the public safety of this community. Passed by the City Council for the City of Oak Park Heights, this 24th day of January, 1994. Barbara O'Neal, Mayor Attest: C- nne Wilson, City Clerk • RESOLUTION 94 -1 -4 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION CONSENTING TO THE ISSUANCE OF A GAMBLING PERMIT FOR HOCKEY STILLWATER ST. CROIB VALLEY ASSOCIATION TO BE CONDUCTED AT THE MILLROAD INN WHEREAS, the City Council for the City of Oak Park Heights has been provided by the State of Minnesota Gambling Control Board with a copy of the premises permit renewal application submitted by Hockey Stillwater St. Croix Valley Association to conduct gambling at the site of the Millroad Inn, 15506 North 59th Street in Oak Park Heights, and, WHEREAS, said application seeks to renew an existing gambling permit that was in force for said organization within calendar year 1993 and, 40 WHEREAS, the Gambling Control Board of the State of Minnesota has requested the City of Oak Park Heights issue its response to the premises permit renewal application indicating whether or not the City would consent or object 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 and, WHEREAS, the 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 Boards premises permit renewal application as submitted by the Hockey Stillwater St. Croix Valley Association to conduct gambling activities at the site of the Millroad Inn at 15506 North 59th Street 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 the same is hereby approved. • Passed by the City Council of the City of Oak Park Heights this 10th day of January, 1994. 94 l Barbara O'Neal, Mayor Attest: a Vonne Wilson Administrator /Treasurer 4 0 2