HomeMy WebLinkAbout1993 Resolutions RESOLUTION #93 -12 -53
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION FOR ADOPTING THE PERMANENT RULES OF THE
WETLAND CONSERVATION ACT
WHEREAS, the Minnesota Wetland Conservation Act of 1991
(WCA) requires local government units (LGUs) implement this law
by adopting the rules and regulations promulgated by the Board of
Water and Soil Resources (BWSR) pertaining to wetland draining
and filling; and
WHEREAS, the BWSR is requesting LGUs adopting the
permanent rules of the WCA to notify them of the LGU decision
regarding adoption; and
WHEREAS, the LGU is responsible for making WCA
determinations for landowners; and
WHEREAS, the Browns Creek Watershed Management
Organization is a technical sub -unit of government capable of
. making determinations and developing replacement plans.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF OAK PARK HEIGHTS that it hereby accepts the responsibility as
the LGU for the WCA within the legal boundaries of THE CITY OF
OAK PARK HEIGHTS as of December 27, 1993, within the guidelines
as set forth by the WCA and rules.
ADOPTED December 27, 1993
Barbara O'Neal, Mayor
Attest:
. �.O' La Vonne Wilson
Administrator /Treasurer
RESOLUTION NO. 93 -12 -52
•
EXTRACT OF MINUTES OF THE MEETING OF THE
CITY COUNCIL OF THE CITY OF OAR PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA HELD DECEMBER 13, 1993
Pursuant to due call and notice thereof, a regular meeting of
the City Council of the City of Oak Park Heights, Minnesota was
duly held at the City Hall in said City on the 13th day of
December, 1993 at 7:00 o'clock p.m..
The following members were present: Mayor Barbara O'Neal,
Councilpersons David Schaaf, Dean Kern, Richard Seggelke and Jack
Doerr.
The following members were absent: None.
Member Schaaf introduced the following Resolution and moved
its adoption:
RESOLUTION OF THE CITY OF OAR PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA AUTHORIZING THE
INITIATION OF EMINENT DOMAIN PROCEEDINGS AND /OR
NEGOTIATION OF EASEMENTS AFFECTING THE
PAUL AND DORIS BISCHOFF PROPERTY
• WHEREAS, the City wishes to construct imrvements
for storm water drainage systems serving proper ties within the City
of Oak Park Heights now occupied by Independent School District No.
834 and the Stillwater Area Senior High School; and,
WHEREAS, a portion of the utility and drainage easements which
must be made lie outside current easements; and,
WHEREAS, it is necessary to secure a public drainage and
Utility easement from Paul and Doris Bischoff; 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 i
initiate condemnation/ eminent domain proceedings for portions of
parcels owned by Paul and Doris Bischoff to secure public drainage
and utility easements, said properties to be affected are legally
described in Exhibit " A " annexed hereto and incorporated by
reference herein.
•
• 2. That staff and legal counsel are hereby authorized to
take all necessary steps to acquire possession of the subject
property pursuant to Minnesota Statutes Chapter 117.01, et. sea..
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 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.
The motion for the adoption of the foregoing Resolution was
duly seconded by Member Doerr, and upon a vote being taken thereon,
the following voted via voice:
O'Neal - Aye Seggelke - Aye
Doerr - Aye Kern - Aye
Schaaf - Aye
Whereupon said Resolution was declared duly passed and
adopted.
STATE OF MINNESOTA )
:
• COUNTY OF WASHINGTON)
CITY OF OAR PARR 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 Resolution of the City of Oak Park Heights
authorizing the initiation of eminent domain proceedings and /or
negotiation of easements affecting the Paul and Doris Bischoff
property.
WITNESS my hand as such Clert and the official seal of the
City of Oak Park Heights, this 19 •- day of 4 ,.1994.
�a� Vonne Wilson, City Clerk
•
RESOLUTION 93 -12 -51
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING APPLICATION FOR GAMBLING LICENSE
SUBMITTED BY GREEDER- HINDS -VFW COMFORT POST 323
WHEREAS, the City of Oak Park Heights has received a
request for a premises permit to conduct lawful gambling by the
Greeder- Hinds -VFW Comfort Post 323; and,
WHEREAS, it appears that the applicant has satisfied
all other provisions of Minnesota law affecting charitable
gambling; and,
WHEREAS, Minnesota law requires municipal consent as it
affects charitable gambling within the community; and,
WHEREAS, it appears that Greeder- Hinds -VFW Comfort Post
323 has complied with all the statutory requirements as it
affects charitable gambling.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
and for the City of Oak Park Heights, Washington County,
Minnesota that the City of Oak Park Heights herewith consents to
the issuance of a permit for charitable gambling by the State of
Minnesota to Greeder- Hinds -VFW Comfort Post 323 within calendar
year 1994 for the purposes of a Class A Premises Permit allowing
the activities of bingo, raffles, paddle wheels, tip boards, and
pull tabs.
Passed by the City Council of the City of Oak Park
Heights this 13th day of December 1993.
Barbara H. O'Neal, Mayor
Attest:
La / Vonne Wilson,
• Administrator /Treasurer
EXTRACT OF THE MINUTES OF THE MEETING
OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
HELD: DECEMBER 13, 1993
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 13th day of December, 1993, 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 Schaaf introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 93 -12 -50
RESOLUTION ADOPTING ASSESSMENT PURSUANT
TO PETITION FOR IMPROVEMENT FROM THE
O.L. KERN IRREVOCABLE TRUST
WHEREAS, the City had previously received a Petition for
Improvements from the O.L. Kern Irrevocable Trust requesting the
construction of certain street improvements along 58th Street North
as located within the City of Oak Park Heights consisting of the
providing of fill and finish grade and bituminous surfacing of
approximately 750 feet of 58th Street North; and,
WHEREAS, said Petition for Improvements waived notice of
public hearing otherwise required under Minnesota Statute §§
429.031 and 429.061 and further waived rights of appeal under
Minnesota Statute § 429.081; and,
WHEREAS, the City has received the engineering report and
change orders indicating completion of the construction and has a
report from its engineer on the total costs thereof; and,
1
L
•'
•
• WHEREAS, said total cost of said improvements with engineering
expense included therein is in the approximate amount of
$130,063.72; and,
WHEREAS, the City has agreed pursuant to said Petition for
Improvements to defer said assessment without interest during the
period of deferment; and,
WHEREAS, said deferment shall expire upon development of the
O.L. Kern Trust property as described herein requiring the
extension of water and sewer utilities thereto and /or applications
for building permits thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF OAR PARR HEIGHTS, WASHINGTON COUNTY, MINNESOTA, AS FOLLOWS:
1. That the proposed assessment, copy of which is annexed
hereto as Exhibit " A " and incorporated by reference herein, shall
constitute the special assessment against the lands named therein
and each such tract or parcel of land therein is hereby found to
be benefited by the proposed improvement.
2. That such assessments shall be deferred pursuant to the
terms of the Petition accepted by the City of Oak Park Heights and
made by the O.L. Kern Irrevocable Trust seeking deferment without
• interest until such time as the property develops requiring
extension of water and sewer utilities thereto and /or requiring the
application of building permits therefore.
3. That the City Clerk shall herewith note in her records
as it affects this property the existence of this deferred
assessment and shall report same to any individual requiring or
requesting an assessment search pursuant to the policies
established within the City of Oak Park Heights for assessment
searches.
The motion for the adoption of the foregoing Resolution was
duly seconded by Member Doerr; 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
and the following voted against same:
None
• and the following abstained from the vote:
2
• EXHIBIT "A"
Legal Description of property to be assessed:
That part of the East 350.00 feet Northeast Quarter of
Section 6, Township 29 North, Range 20 West, Washington
County, Minnesota lying Southerly of the North 801.21
feet thereof and Northerly of the North line of KERN
EDUCATION ADDITION, according to the Plat on file in the
office of the County Recorder, Washington County,
Minnesota.
Also, that part of said Northeast Quarter lying Westerly
of the East 350.00 feet thereof; lying Southerly of the
North 801.66 feet thereof; lying Easterly of the East
line of KERN CENTER, according to the plat on file in
said office of the County Recorder; and lying Northerly
of said North line of KERN EDUCATION ADDITION.
Amount to Be Assessed: $130,000.00
(Amount compiled from Change Order No. 1 dated October 20, 1993,
to the City of Oak Park Heights from Northdale Construction Company
• and also compiled from a letter dated December 6, 1993, from
Bonestroo, Rosene, Anderlik & Associates affecting engineering
costs at $19,000.00 as it affects Change Order No. 1 for the
extension of 58th Street).
Total Amount of Assessment: $130,000.00
•
3
. Councilmember Dean Kern.
Whereupon said Resolution was declared duly passed and
adopted, and was signed by the Mayor and attested by the City
Clerk.
STATE OF MINNESOTA )
M:
COUNTY OF WASHINGTON)
CITY OF OAR PARR 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 assessment pursuant to the Petition
for Improvements for the O.L. Kern Irrevocable Trust.
WITNESS my hand as such Clerk and the official seal of the
• City of Oak Park Heights, this /G rA day of �� e..�,�n� - 1993.
� J oea�n.2/ (A
`ZaVonne Wilson, City Clerk
4
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
LYLE J. ECKBERG
JAMES F. LAMMERS
(612) 439 -2878
ROBERT G. BRIGGS
FAX (612) 439 -2923
PAUL A. WOLFF
MARK J. VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDNER December 15, 1993
SUSAN D. OLSON
Ms. La Vonne Wilson
City Clerk DEC � 6 1993
City of Oak Park Heights
P. O. Box 2007
Oak Park Heights, MN 55082
Re: Extract of Minutes - -Kern Irrevocable Trust
Dear La Vonne:
Enclosed herewith please find please find the Extract of the
Minutes of the Meeting of the City Council regarding Resolution 93-
12-50, Kern Irrevocable Trust.
If you have any questions in t�14 matter, please do not
hesitate to contact me. ++
V y my yours,
r J. Vierling -- �
MJV :kam
Enclosures
•
• RESOLUTION 93 -12 -47
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 1994 GENERAL FUND LEVY
WHEREAS, the City Staff has prepared and submitted to the
City Council the proposed general fund levy for calendar year
1994; 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 1994 in the amount of $1,244,884.00.
2. That the City Clerk is also authorized and directed to
certify to the County Auditor - Treasurer for collection
the sum of $22,636.00 for improvements to Storm Sewer
Improvement Tax District No. 1, and the sum of $470.00
for General Improvement Bonds of 1990, the same to be
collected in calendar year 1994 with the real estate
taxes on the affected properties.
Passed by the City Council for the City of Oak Park Heights
this 13th day of December, 1993.
Barbara H. O'Neal, Mayor
Attest:
• a Vonne Wilson
Administrator /Treasurer
•
RESOLUTION 93 -12 -46
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 1994 BUDGET
WHEREAS, the City Staff has prepared and submitted to the
City Council the proposed budget for calendar year 1994; 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 1994 budget is hereby approved as presented by
the City Auditor in the total General Fund amount of
$1,781,920.00.
Passed by the City Council for the City of Oak Park Heights
this 13th day of December, 1993.
�_" `_"�'-� -,� �• lam Barbara H. H. O'Neal, Mayor
Attest:
(./ a Vonn i lson
Administrator /Treasurer
•
RESOLUTION 93 -11 -45
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE ADOPTION OF ORDINANCE AMENDMENTS TO
CHAPTER 310 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK
HEIGHTS ESTABLISHING STANDARDS FOR STORM WATER DRAINAGE AND
DEVELOPMENT PRACTICES EFFECTING ISSUES OF EROSION AND
SEDIMENTATION CONTROL
WHEREAS, the City Council, for the City of Oak Park Heights
has received and reviewed a copy of a proposed ordinance amending
Chapter 310 and Chapter 404 of the Code of Ordinances of the City
of Oak Park Heights; and,
WHEREAS, the City of Oak Park Heights has adopted this
ordinance so as to implement appropriate development practices
effecting soil erosion and sedimentation control pursuant to the
request of the Metropolitan Council; and,
WHEREAS, the City of Oak Park Heights has conducted public
hearings on the proposed amendments and has received no adverse
public comment thereon; and,
WHEREAS, the Council has reviewed the proposed ordinance
amendments and determines them to be in the best interest of the
residents of the City of Oak Park Heights.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Oak Park Heights that Ordinance No. 93- 310/404 -08
regulating and establishing standards for storm water drainage
and development practices effecting issues of erosion and
sedimentation control within the City of Oak Park Heights is
hereby approved and the Mayor and the Clerk are herewith
authorized to execute the same on behalf of the City of Oak Park
Heights and proceed with publication as required by law.
Passed by the City Council of the City of Oak Park Heights
this 22nd day of November, 1993.
Ail
B rbara O'Neal, Mayor
Attest:
rd Vonne Wilson
• Administrator /Treasurer
• EXTRACT OF THE MINUTES OF THE MEETING
OF THE CITY COUNCIL OF THE CITY OF OAR PARR HEIGHTS
WASHINGTON COUNTY, MINNESOTA
HELD: NOVEMBER 22, 1993
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 22nd day of November, 1993, at 7:00 o'clock p.m.
The following members were present:
Mayor O'Neal
Counci] members: Doerr, Schaaf, Kern and Seggelke
and the following were absent:
Member Schaaf introduced the following Resolution
and moved its adoption:
• RESOLUTION NO. 93- 11 -44
RESOLUTION ADOPTING ASSESSMENT PURSUANT
TO PETITION FOR IMPROVEMENT FROM THE
O.L. KERN IRREVOCABLE TRUST
WHEREAS, the City had previously received a Petition for
Improvements from the O.L. Kern Irrevocable Trust requesting the
construction of certain street improvements along 58th Street North
as located within the City of Oak Park Heights consisting of the
providing of fill and finish grade and bituminous surfacing of
approximately 750 feet of 58th Street North; and,
WHEREAS, said Petition for Improvements waived notice of
public hearing otherwise required under Minnesota Statute §§
429.031 and 429.061 and further waived rights of appeal under
Minnesota Statute § 429.081; and,
WHEREAS, the City has received the engineering report and
change orders indicating completion of the construction and has a
report from its engineer on the total costs thereof; and,
WHEREAS, said total cost of said improvements with engineering
expense included therein is in the approximate amount of
$ 130.063.72 and,
• WHEREAS, the City has agreed pursuant to said Petition for
Improvements to defer said assessment without interest during the
period of deferment; and,
WHEREAS, said deferment shall expire upon development of the
O.L. Kern Trust property as described herein requiring the
extension of water and sewer utilities thereto and /or applications
for building permits thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, AS FOLLOWS:
1. That the proposed assessment, copy of which is annexed
hereto as Exhibit " A " and incorporated by reference herein, shall
constitute the special assessment against the lands named therein
and each such tract or parcel of land therein is hereby found to
be benefited by the proposed improvement.
2. That such assessments shall be deferred pursuant to the
terms of the Petition accepted by the City of Oak Park Heights and
made by the O.L. Kern Irrevocable Trust seeking deferment without
interest until such time as the property develops requiring
extension of water and sewer utilities thereto and /or requiring the
application of building permits therefore.
3. That the City Clerk shall herewith note in her records
as it affects this property the existence of this deferred
assessment and shall report same to any individual requiring or
requesting an assessment search pursuant to the policies
established within the City of Oak Park Heights for assessment
searches.
The motion for the adoption of the foregoing Resolution was
duly seconded by Member Seaaelke ; and upon a voice vote being
taken thereon the following voted in favor thereof:
Mayor O'Neal
Councilmembers: Schaaf, Doerr, Kern and Seggelke
and the following voted against same:
None
and the following abstained from the vote:
None
Whereupon said Resolution was declared duly passed and
adopted, and was signed by the Mayor and attested by the City
Clerk.
•
2
• STATE OF MINNESOTA )
M:
COUNTY OF WASHINGTON)
CITY OF OAR PARR 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 assessment pursuant to the Petition
for Improvements for the O.L. Kern Irrevocable Trust.
WITNESS my hand as such Clerk and the official seal of the
City of Oak Park Heights, this +'' day of 1993.
_
LaVonne Wilson, City Clerk
•
•
3
• PETITION FOR IMPROVEMENTS
The O.L. Kern Irrevocable Trust, the undersigned being the
owner of all real property as identified in the attached Exhibit
" A " which is incorporated by reference herein.
Does hereby petition the City Council for the City of Oak Park
Heights to undertake without public hearing under Minnesota Statute
§ 429.031, the following improvements along 58th Street North as
located within the City of Oak Park Heights between Trunk Highway
5 (Stillwater Boulevard North) and the second (bus) access to the
Stillwater area high school property, the following improvements:
a. to provide fill, finish grade and bituminous surface
• approximately 750' of 58th Street North from its current
termination point at the first driveway access of the
Stillwater area high school to the second bus access of the
Stillwater area high school, a distance of approximately 750',
together with curb and gutter, municipal utility connections
and other finished improvements to be designated by the City
Engineer for the City of Oak Park Freights as it affects said
project for a sum not to exceed One Hundred Thirty Thousand
Dollars ($130,000.00),
and to defer the assessment of the entire cost thereof against our
property abutting said improvements based on benefits received
without regard to cash valuation with such deferral being without
charge for or calculation of interest during the period of
• deferment with such deferment ending upon the development of our
• property requiring extension of water and sewer utilities thereto
and /or the application for a building permit thereon.
The undersigned hereby waives Notice of Public Hearings
otherwise required under M.S. §§ 429.031 and 429.061 and waives
Right of Appeal under M.S. § 429.081 and requests said improvements
be made forthwith.
Dated this j ` day of - _,� j t_ Y ,ti:[ < , 1993.
I �
O.L. FERN IRREVOCABLE TRUST
r
BY: �. ��
Violet E. Ke T� stee
BY: J 44rls
Leon R. Ho , Trustee
t
BY:
Bill J. a ley, Trustee
STATE OF MINNESOTA )
: i ce/
COUNTY OF WASHINGTON)
On this day of , ; 1J93, before me, a
Notary Public, within and for said County &nd State, personally
appeared Violet E. Kern, Leon R. Hoffman and Bill J. Pauley,
Trustees under the Q.L. Kern Irrevocable Trust, to me known to be
the persons described in and who executed the foregoing instrument
and acknowledged that they executed the same as their free act and
deed on behalf of the O. Irrevocable Trust.
i
/ Notary Public
(Notarial Seal)
•
2
'STATE OF MINNESOTA )
COUNTY OF SS:
• On this day 19 before me, a
Notary Public within and fo4sid Count , ap 'VIOLET E. Y KERN
Trustee under the O. L. Kern Irrevocable Trust, to me personally
known to be the person described in and who executed the foregoing
instrument and acknowledged that she executed the same as her free
act and deed on behalf of the O.L. Kern Irrevocable Trust.
[0: ELIZABETH J. SCHEI NOTARY PUBLIC•M:NNF_SOTA ` Not a y Pub1
RAM
COUNTY L/
MY COMMISSION EXPIRES
MARCH C iggg
M
STATE OF MINNESOTA )
COUNTY OF , yl „ . SS
On this /{'day of 19 before me, a
Notary Public within and fo said County, appeared LEON R.
HOFFMANN, Trustee under the O. L. Kern Irrevocable Trust, to me
personally known to be the person described in and who executed the
foregoing instrument and acknowledged that he executed the same as
his free act and deed on behalf of the O.L. Kern Irrevocable Trust.
CAWLYN J. KOWALM �� �✓
PAAMMY 0 1 i s
M+�. E�pineMro1,1lW
STATE OF MINNESOTA )
� )
COUNTY OF 1 'Pi � �� I , ) SS
On this e day of 19 before me, a
Notary Public within and for said County, appeared BILL J. PAULEY,
Trustee under the O. L. Kern Irrevocable Trust, to me personally
known to be the person described in and who executed the foregoing
instrument and acknowledged that he executed the same as his free
• act and deed on behalf of the O.L. Kern vocab a Trust.
,x
GARY D. Mc WELL ->
c NOTARY PUBLIC — MINNESOTA Nota Public
HENNEPIN COUNTY
My Commission Expires Feb. 15, 1997
!R X
•
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•
• EXHIBIT "A"
That part of the East 350.00 feet Northeast Quarter of Section 6, Township 29
North, Range 20 West, Washington County, Minnesota lying Southerly of the
North 801.21 feet thereof and Northerly of the North line of KERN
EDUCATION ADDITION, according to the Plat on file in the office of the
County Recorder, Washington County, Minnesota.
Also that part of said Northeast Quarter lying Westerly of the East 350.00 feet
thereof; lying Southerly of the North 801.66 feet thereof; lying Easterly of the
East line of KERN CENTER, according to the plat on file in said office of the
County Recorder; and lying Northerly of said North line of KERN
EDUCATION ADDITION.
•
•
i RESOLUTION #93 -11 -41
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE BOARD OF GOVERNMENT INNOVATION AND COOPERATION
FOR THE COOPERATIVE PLANNING GRANT TO COMPLETE THE PHASE II STUDY
FOR THE CITY OF BAYPORT, MINNESOTA, CITY OF OAK PARK HEIGHTS,
MINNESOTA, TOWNSHIP OF BAYTOWN, MINNESOTA.
WHEREAS: The City of Bayport, the City of Oak Park Heights and
Township of Baytown, have been working cooperatively
over the last year to look at opportunities to provide
more cost effective services for their residents, and;
WHEREAS: The communities have completed a Phase I of a two phase
project which review, among other items, fiscal
implications of combining the three communities, and;
WHEREAS: The communities have, to date, spent $21,000.00 to fund
Phase I of the Study, $17,500.00 of which is a loan
from the Metropolitan Council and must be repaid, and;
WHEREAS: The communities wish to complete a Phase II of their
Study which will look at alternative service delivery
systems, opportunities for joint cooperation and cost
• saving potentials, and;
WHEREAS: It is anticipated that Phase II of the Study will cost
approximately $50,000.00.
NOW THEREFORE BE IT RESOLVED: By the City Council of the City of
Oak Park Heights, Washington County, Minnesota, does hereby
authorize the City of Bayport's City Administrator to submit an
application to the Board of Government Innovation and Cooperation
for Cooperative Planning Grant to complete the Phase II Study.
Passed by the City Council of the City of Oak Park Heights this
4th day of November, 1993.
Barbara O'Neal, Mayor
Attest:
• C La Vonne Wilson
Administrator /Treasurer
RESOLUTION #93 -09 -40
•
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION CONGRATULATING THE CITY OF STILLWATER
ON THE CELEBRATION OF THEIR SESQUICENTENNIAL
WHEREAS, the City of Stillwater is celebrating their 150th
Anniversary of their organization within this year; and,
WHEREAS, the residents of the City of Stillwater can
justifiably take pride in their community, and the many benefits
and contributions that they have made to the St. Croix Valley and
all of the communities that comprise this St. Croix Valley; and,
WHEREAS, the citizens of the City of Oak Park Heights have
long appreciated their neighbors and fellow residents within the
City of Stillwater and wish to extend to that community their best
wishes on the Sesquicentennial celebration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
• of Oak Park Heights that on behalf of the citizens of Oak Park
Heights, the City Council of Oak Park Heights herewith extends its
congratulations to the residents and the City of Stillwater on
their Sesquicentennial celebration.
Passed by the C't ouncil of the City of Oak Park Heights
this ;Z 1 7 day of , 1993.
Barbara O'Neal, Mayor
Attest:
La Vonne Wilson
City Clerk /Administrator
•
•
RESOLUTION 93 - -
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 1994 PROPOSED BUDGET
WHEREAS, the City Staff has prepared and submitted to the
Council it's proposed budget for calendar year 1994; 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
Oakj Park Heights.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Oak Park Heights as follows:
1. That the 1994 proposed budget is hereby approved as
presented by City Administration in the total General
Fund amount of $1,784,405.00.
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 calendar year 1994 in the amount of
$1,247,369.00.
3. That the City Clerk is also authorized and directed to
certify to the County Auditor - Treasurer for collection
the proposed sum of $22,636.00 for improvements to
Storm Sewer Improvement Tax District No. 1, and
Proposed Debt Service Levy on General Improvement Bonds
of 1990 in the amount of $470.00, the same to be
collected in calendar year 1994 with the real estate
taxes on the affected properties.
Passed by the City Council for the City of Oak Park Heights
this 13th day of September, 1993.
/�_ vl/, n�a�
Barbara H. O'Neal, Mayor
Attest:
-'La Vonne Wilson
Administrator /Treasurer
• RESOLUTION 93 -09 -38
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING MONDAY, DECEMBER 13, 1993
AT 7:00 O'CLOCK P.M. AS THE OFFICIAL PUBLIC
HEARING FOR THE 1994 BUDGET RATIFICATION
WHEREAS, the City Council for the City of Oak Park Heights is
required to set public hearings on budget ratification; and,
WHEREAS, the office of the City Administrator has recommended
the establishment of December 13, 1993 at 7:00 o'clock p.m. as the
public hearing for the 1994 budget ratification; and,
WHEREAS, the City Council for the City of Oak Park Heights has
determined that said public hearing would afford residents and
other interested parties within the City of Oak Park Heights
opportunity so as to provide comment with regard to budget
ratification in the manner prescribed by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that Monday, December 13, 1993 at 7:00 o'clock
p.m. is hereby established as the official time for the public
hearing as it affects the 1994 budget ratification.
Passed by the City Council of the City of Oak Park Heights
this 13th day of September, 1993.
Barbara O'Neal, M yor
Attest:
C�J�
"La onne Wilson, City Clerk
•
� eT1
• RESOLUTION #93_p6-_3l
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION VACATING A PORTION OF 58TH STREET
NORTH, EAST OF OSGOOD AVENUE AND UNOPENED 57TH
STREET BETWEEN OSGOOD AVENUE AND OSMAN AVENUE
WHEREAS, the City of Oak Park Heights entered into an
agreement with affected property owners, Morris A. Brekke, Trustee
of the Brekke Trust dated April 17, 1980, Neil and Carol Olsen, and
Swager Bros., Inc. in calendar year 1990 to relocate a portion of
58th Street North located to the east of Osgood Avenue North; and,
WHEREAS, the affected parties with the City of Oak Park
Heights have agreed that the City would vacate the former 58th
Street North surface that would no longer be needed with a new
realignment of 58th Street North located to the east of Osgood
Avenue; and,
WHEREAS, the parties agreed to a relocation of a driving
access on Upper 56th Street North located to the east of Osgood in
exchange for which a portion of the unopened 57th Street would be
vacated as the same is located between Osman and Osgood Avenues;
and,
WHEREAS, Morris A. Brekke, Neil Olsen and Carol Olsen are the
owners of the real property affected by the relocation of 58th and
57th Street accordingly and have petitioned for said improvement;
and,
WHEREAS, The City had duly entered into an agreement to make
said road relocation in calendar year 1990; and,
WHEREAS, such relocations have been completed as it affects
58th Street North.
NOW, THEREFORE, BE IT RESOLVED that all that part of 58th
Street North located to the east of Osgood Avenue and described as
follows, be and the same is hereby vacated excepting that the City
of Oak Park Heights does reserve unto itself easements for
municipal utilities, water, sewer and storm sewer now in place in
the areas described below. (This vacation is for street /roadway
purposes only):
That part of Tract E, Registered Land Survey No. 69,
Washington County, Minnesota, which lies west of the east
• 60 feet thereof, except that part taken for County Road
No. 67.
• That part of 58th Street North as dedicated in Raymie
Johnson Estates, Washington County, Minnesota, which lies
northerly and northwesterly of a line described as
commencing at the southwest corner of Lot 1, Block 1,
said Raymie Johnson Estates; thence west along the north
right of way line of said 58th Street North 142.82 feet
to the point of beginning of the line to be described;
thence westerly 99.41 feet along a tangential curve
concave to the south having a central angle of 45 degrees
00 minutes and a radius of 126.57 feet and said line
there terminating.
BE IT FURTHER RESOLVED that all that part of the unopened 57th
Street located between Osgood Avenue and Osman Avenue and which is
more fully described below, be and the same is hereby vacated
excepting that the City of Oak Park Heights does reserve unto
itself easements for municipal utilities, water, sewer and storm
sewer now in place in the areas described below. (This vacation
is for street /roadway purposes only):
Subject to Osgood Avenue, that part of Tract I,
Registered Land Survey No. 69, Washington County,
Minnesota lying within the following described lines:
Commencing at the Southwest corner of the Southeast
• Quarter of the Northeast Quarter of Section 4, Township
29 North, Range 20 West; thence North 2 degrees 12
minutes 40 seconds West (assumed bearing) along the West
line of said Southeast Quarter of Northeast Quarter a
distance of 1002.81 feet to the point of beginning of the
lines to be herein described; thence continuing North 2
degrees 12 minutes 40 seconds West a distance of 60.44
feet; thence North 80 degrees 47 minutes 41 seconds East
a distance of 167.75 feet to the West line of Osman
Avenue North as platted in Sun View Addition; thence
South 2 degrees 12 minutes 40 seconds East along the
southerly extension of said West line a distance of 60.44
feet to the South line of 57th Street North as platted
in Sunview Addition; thence South 80 degrees 47 minutes
41 seconds West along the southwesterly extension of said
South line of 57th Street North a distance of 167.75 feet
to the point of beginning.
BE IT FURTHER RESOLVED that the City Clerk shall prepare a
Notice of Completion of these proceedings which shall contain the
name of the City, the identification of the vacation, statement of
the time of completion thereof and a description of the real estate
and land affected thereby. Such notice shall be presented to the
County Auditor who shall enter the same in his transferred records
and note upon the instrument over his official signature the words,
• 2
� r
• "entered in the transfer records ". The Notice shall then be filed
with the County Recorder all as is required by Minnesota Statute
§ 412.851.
Adopted by the City Council of the City of Oak Park Heights
this 28th day of June, 1993.
ar ara O'Neal, Mayor -
Attest:
`-Z,aVonne Wilson,
City Clerk
•
• 3
•
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) S.S. CLERK'S CERTIFICATION
CITY OF OAK PARK HEIGHTS)
I, La Vonne Wilson, the undersigned, being the duly
qualified and acting City Clerk /Treasurer for the City of Oak
Park Heights, Washington County, Minnesota, do hereby certify
that on the 28th day of June, 1993, the City Council of the City
of Oak Park Heights acting at a regular meeting of the City
Council being duly called and held at the City Municipal Building
in said City at 7:00 p.m., did approve Resolution #93 -06 -31
VACATING A PORTION OF 58TH STREET NORTH, EAST OF OSGOOD AVENUE
• AND UNOPENED 57TH STREET BETWEEN OSGOOD AVENUE AND OSMAN AVENUE.
I further hereby certify that I have compared the attached
foregoing with the original thereof on file in my office, and
that the same is a full, true and complete transcript of the
content of said Resolution passed by the City Council of said
City duly called and held on the date therein indicated.
Witness my hand and seal of said City, this 11th day of
August, 1993.
La Vonne Wilson
City Clerk /Treasurer
(seal)
•
• NOTICE OF COMPLETION
OF VACATION PROCEEDING
TO: R. H. STAFFORD, AUDITOR- TREASURER, WASHINGTON COUNTY,
MINNESOTA
PLEASE TAKE NOTICE, that the City of Oak Park Heights has
completed proceedings for the vacation of the following described
streets in the City of Oak Park Heights, Washington County,
Minnesota:
1. 58th Street:
That part of Tract E, Registered Land Survey
No. 69, Washington County, Minnesota, which
lies west of the east 60 feet thereof, except
that part taken for County Road No. 67.
That part of 58th Street North as dedicated in
Raymie Johnson Estates, Washington County,
Minnesota, which lies northerly and
northwesterly of a line described as commencing
• at the southwest corner of Lot 1, Block 1, said
Raymie Johnson Estates; thence west along the
north right of way line of said 58th Street
North 142.82 feet to the point of beginning of
the line to be described; thence westerly 99.41
feet along a tangential curve concave to the
south having a central angle of 45 degrees 00
minutes and a radius of 126.57 feet and said
line there terminating.
2. 57th Street located between Osgood Avenue and Osman
Avenue:
Subject to Osgood Avenue, that part of Tract
I, Registered Land Survey No. 69, Washington
County, Minnesota lying within the following
described lines: Commencing at the Southwest
corner of the Southeast Quarter of the
Northeast Quarter of Section 4, Township 29
North, Range 20 West; thence North 2 degrees
12 minutes 40 seconds West (assumed bearing)
along the West line of said Southeast Quarter
of Northeast Quarter a distance of 1002.81 feet
to the point of beginning of the lines to be
herein described; thence continuing North 2
• degrees 12 minutes 40 seconds West a distance
of 60.44 feet; thence North 80 degrees 47
minutes 41 seconds East a distance of 167.75
feet to the West line of Osman Avenue North as
platted in Sun View Addition; thence South 2
degrees 12 minutes 40 seconds East along the
southerly extension of said West line a
distance of 60.44 feet to the South line of
57th Street North as platted in Sunview
Addition; thence South 80 degrees 47 minutes
41 seconds West along the southwesterly
extension of said South line of 57th Street
North a distance of 167.75 feet to the point
of beginning.
Said vacations are for street purposes only, and the City of
Oak Park Heights continues to retain easements for municipal water,
sanitary sewer and storm sewer in the areas of the streets so
vacated.
Said proceeding was completed on the 28th day of June, 1993.
a Vonne Wilson, City Clerk
•
• 2
i
•
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) S.S. CLERK'S CERTIFICATION
CITY OF OAK PARK HEIGHTS)
I, La Vonne Wilson, the undersigned, being the duly
qualified and acting City Clerk /Treasurer for the City of Oak
Park Heights, Washington County, Minnesota, do hereby certify
that on the 28th day of June, 1993, the City Council of the City
of Oak Park Heights acting at a regular meeting of the City
Council being duly called and held at the City Municipal Building
in said City at 7:00 p.m., did complete proceedings for vacation
of: 1. 58th Street. 2. 57th Street located between Osgood
Avenue and Osman Avenue. (Please refer to attached property
• descriptions.)
I further hereby certify that I have compared the
attached foregoing with the original thereof on file in my
office, and that the same is a full, true and complete transcript
of the content of said Vacation passed by the City Council of
said City duly called and held on the date therein indicated.
Witness my hand and seal of said City, this 11th day of
August, 1993.
La Vonne Wilson
City Clerk /Treasurer
(seal)
•
RESOLUTION 93 -06 -30
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RATIFYING THE JUNKER SANITATION CONTRACT
WITH MODIFICATIONS TO ADDRESS ISSUES RELATING TO
SUNNYSIDE I AND SUNNYSIDE II
WHEREAS, the City of Oak Park Heights has prepared in draft
form a Memorandum of Understanding and Agreement with Junker
Sanitation, Inc. dealing with the implementation of volume based
regulations on garbage collection; and,
WHEREAS, following the receipt of public comment on the
various provisions of the Memorandum of Understanding implementing
volume based regulations within the City of Oak Park Heights, the
Council has prepared and the contractor has reviewed and
tentatively agreed a draft of the Memorandum of Understanding; and,
WHEREAS, further modifications need to be implemented as it
affects the specific collection issues and site restrictions as
exist on Sunnyside I and Sunnyside II within said contract.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that the Memorandum of Understanding is hereby
given preliminary approval with the understanding that
modifications will be implemented to address the specific
collection issues presented on Sunnyside I and Sunnyside II within
the text of the Memorandum of Understanding.
Passed by the City Council of the City of Oak Park Heights
this 28th day of June, 1993.
Barbara O'Neal, Mayor
Attest:
LaVonne Wilson, City C erk
CITY OF OAK PARK HEIGHTS
RESOLUTION
Date: June 28, 1993 Resolution No. #93 -06 -29
Motion B Y= Schaaf Seconded By: Kern
RESOLUTION ESTABLISHING AN INTERIM POLICY FOR NON -POINT SOURCE
POLLUTION CONTROL AS PART OF THE CITY'S COMPREHENSIVE PLAN AND LAND
USE REGULATIONS.
WHEREAS, the City of Oak Park Heights has agreed to amend the
Comprehensive Plan and City land use regulations by October 31,
1993, incorporating the Metropolitan Council's Interim Strategy for
Non -Point Source Pollution Control.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that 1) the City of Oak Park Heights will apply
National Urban Runoff Program (NURP) Standards for the design of
new storm water ponds and the MPCA's Urban Best Management
Practices entitled Protectina Water Oualitv in Urban Areas to the
review of any proposed development occurring in the City of Oak
Park Heights to reduce non -point source pollutant loadings in storm
water runoff; and 2) this policy will be included in the Community
Facilities /Service Goals and Policies section of the Comprehensive
Plan on pages 41 and 42; and 3) this policy will be explained in
reference to storm drainage controls as part of the Community
Facilities Plan section of the Comprehensive Plan on page 85; and
the regulations necessary to enforce those standards and policies
will be included in Section 308 of the City Code entitled "Water
Drainage and the Filling of Land ".
APPROVED AND ADOPTED this 28th day of June, 1993.
CITY OF OAK PARK HEIGHTS
By: - ,a��- a-�-o�
Barbara O'Neal, Mayor
ATTEST:
By:
• a onne Wilson, City Clerk
• RESOLUTION 93 -05 -27
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING FUND TRANSFERS AS
OF DECEMBER 31, 1992 AS OUTLINED IN THE MEMO
FROM THE FINANCE DIRECTOR DATED MAY 18, 1993
WHEREAS, the City Council for the City of Oak Park Heights has
received a Memo from the City's Finance Director, Judy Holst, dated
May 18, 1993 recommending certain fund transfers be implemented as
of December 31, 1992; and,
WHEREAS, the said Memo and its content have been reviewed by
the Office of the City Auditor and it has also been recommended for
passage; and,
WHEREAS, there is pending a contingency on the effectiveness
of the Memo which is dependent upon a change order having taken
place as outlined within said Memo to the City of May 18, 1993;
and,
• WHEREAS, the City Council determines it to be in the best
interest to implement said fund transfers contingent upon the
implementation of the change order having taken place.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that the fund transfers outlined within the
Memo of May 18, 1993 from the City's Finance Director be, and the
same are hereby, approved and authorized for implementation as of
December 31, 1992 contingent upon the change order having taken
place as is outlined within said Memo.
Passed by the City Council of the City of Oak Park Heights
this 24th day of May, 1993.
OLA
J
Barbara O'Neal, Mayor
Attest:
• ( - LaVonne Wilson, City -Clem
RESOLUTION 92-05 26
CITY OF OAR PARR HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DETERMINING FINDINGS OF FACT
AND PROVIDING A DUE PROCESS HEARING PRIOR
TO IMPOSITION OF EMPLOYMENT SANCTIONS
WHEREAS, the City of Oak Park Heights has determined that
within calendar years 1992 and to date 1993, the following facts
and events and have transpired within the Building Department of
the City of Oak Park Heights and within the employment relationship
of Mr. Michael Kaehler to the City of Oak Park Heights as its
Department Supervisor of the Building Inspection Department, as
follows:
1. In early 1992, the Oak Park Heights Building Department
was staffed by one individual being Mr. Michael Kaehler who had
been hired by the City following a conclusion of a practice of the
City of Oak Park Heights which had previously contracted for
building services from outside sources.
2. That during the course of calendar year 1992 with the
demands placed upon the City to provide building inspection
services as it relates to significant building projects i.e. the
construction of the Senior High School facility by Independent
School District No. 834, construction of WalMart Store and other
commercial and residential development properties. The City
determined to add a second part -time individual to assist Mr.
Kaehler in his duties as building inspector. The individual was
hired on a limited basis with the understanding that the position
would terminate as of December 31, 1992.
3. That in the fall of 1992 and during the course of
consolidation meetings which were being conducted between the City
of Oak Park Heights, the City Bayport and Baytown Township, the
City of Oak Park Heights representatives received inquiries from
both representatives of Baytown and Baytown Township as to the
possibility of providing building inspection services to those
communities from the City of Oak Park Heights.
4. That Bayport was interested in obtaining building
inspection services from the City of Oak Park Heights as it was
considering changing its present building inspection service to one
of obtaining those services by contract. That Baytown Township was
interested in changing its building inspection services which had
been previously contracted for through Washington County.
5. That within calendar year 1992, councilperson Joseph
Carufel, after receiving directive from the council began
discussing and negotiating with Bayport and Baytown Township to
extend Oak Park Heights Building Inspection Services to those
• communities by way of contract. All such services were considered
to be extended within calendar year 1993 and discussions began
between the City of Oak Park Heights and those communities began
the fall and winter of 1992.
6. As part of the discussions and negotiations between the
City of Oak Park Heights conducted by Mr. Joseph Carufel and the
other communities, Mr. Joseph Carufel also enlisted and utilized
the services of Mr. Michael Kaehler, the Supervisor of the Building
Inspection Department both to provide data and information upon
which the contracts would be based and also to utilize his
information as it affects the negotiation and discussion of the
services to be rendered.
7. That in December of 1992, the City Council anticipating
that it would be receiving the contracts to provide services for
Bayport and Baytown Township, extended the employment of the part -
time building inspector which had been previously hired in 1992 and
whose employment would otherwise terminate at the end of 1992. The
decision of the council does so extend that employment was
expressly predicated on the provision of building inspection
services by contract in neighboring communities by the Building
Inspection Department of the City of Oak Park Heights. That
Building Inspection Department supervisor Michael Kaehler was aware
of the council decision in this regard and participated in the
discussions with the council on issues related thereto prior to
• such a decision being made by the council.
8. That prior to calendar year 1993, the City of Oak Park
Heights had never provided outside building inspection services to
any other neighboring community.
9. On February 1, 1993, the City of Bayport entered into a
contract with the City of Oak Park Heights to provide building
inspection services within their community.
10. That within February of 1993, based upon discussions that
had been previously held between officials of Baytown Township and
the City of Oak Park Heights, the City of Oak Park Heights
forwarded proposed contracts to Baytown Township to provide
building inspection services through the Oak Park Heights City
Building Inspector's Department.
11. That the City of Oak Park Heights never received formal
word from Baytown Township with regard to the acceptance or
rejection of the contracts as proposed.
12. That in the first part of April, 1993 Building Inspector
Michael Kaehler advised certain members of the City Council that
he had concluded his own contract for providing building inspection
services to Baytown Township and the City thereby first became
• aware that Baytown Township was no longer considering entering in
to the Oak Park Heights proposed contract for building inspection
services.
y
• 13. To date, Baytown Township is not formally respondent to
the City of Oak Park Heights as it affected the original proposal
for providing contract services for building inspection as was
originally extended to that community by the City of Oak Park
Heights in February of 1993.
14. That some time in late March and /or early April, 1993
Michael Kaehler began providing building inspection services on a
private basis to Baytown Township operating from his home in the
City of Oak Park Heights without first receiving a home occupation
permit otherwise provided for by the ordinances of the City of Oak
Park Heights.
15. Michael Kaehler did not apply for home occupations permit
for the City of Oak Park Heights to operate building inspection
services business out of his home until April 12, 1993, which
matter was established to be set for public hearing before the City
Council on May 24, 1993.
16. On May 12, 1993, the City Council through the Mayor of
the City of Oak Park Heights directed Mr. Kaehler to cease and
desist from his practice and business of providing building
inspection services to Baytown Township granting him until May 24,
1993, to comply with the order. That the directive to Michael
Kaehler was first provided verbally by the Mayor on May 12, 1993,
• and then followed by written correspondence of May 13, 1993, a copy
of which is annexed hereto and incorporated by reference herein.
17. That the City of Oak Park Heights is also been advised
by Mr. Michael Kaehler that he refuses to acknowledge the cease and
desist order and will not comply with the directive of the council
to cease and desist in providing private building inspection
services to Baytown Township.
18. That since it began providing private building inspection
services for Baytown Township the City Staff has received several
calls and in person visits from customers of Mr. Kaehler's seeking
him to provide building inspection services in Baytown Township
during regular business hours upon during which he was to be in the
employe of the City of Oak Park Heights. That the City staff
through the offices of the Administrator has received several calls
for Mr. Kaehler during the business day all related to Baytown
Township employment which is distractive to the City staff in their
duties and in inappropriate as it constitutes a private business
enterprise by Mr. Kaehler which is interfering with his duties to
the City of Oak Park Heights.
19. That the City Council finds that the providing of
building inspection services by separate contract by Michael
Kaehler to Baytown Township is in conflict with his employment and
role as the supervisor of the Building Inspections Department at
• the City of Oak Park Heights for the following reasons:
IL
• (a) Mr. Michael Kaehler is not merely an employee of the
City of Oak Park Heights in the Building Inspections
Department he is the Department Supervisor of the
Department which is a department whose budget is
dependent upon providing building inspection
services ton neighboring communities. Michael
Kaehler's separate contract with Baytown Township
places him in a position of competing against his
own department and precludes the City of Oak Park
Heights extension of services to Baytown Township.
(b) Michael Kaehler's separate contractual relationship
with Baytown Township breaches his duty of loyalty
and service to the City of Oak Park Heights who is
his primary employer. Specifically: (1) Since he
began his employment with Baytown Township, the City
offices have received phone and customer contacts
for Mr. Kaehler during business hours seeking his
attention to Baytown matters, all of which indicates
demands on his time to provide for a private
business enterprise during which time he should be
in the employment of the City of Oak Park Heights
and attending to the tasks that are assigned to him
from the City. (2) The very nature of the building
trades industries requires inspection services
during regular business hours and during the regular
• business day all of which conflicts with Michael
Kaehler's duties to the City of Oak Park Heights.
It is unreasonable to expect that the demands of
building inspections for Baytown Township and duties
related thereto can be performed consistently after
hours of employment with the City of Oak Park
Heights have been concluded by Mr. Kaehler. These
demands for services will inevitably conflict with
his duty to provide primary service to the City of
Oak Park Heights.
WHEREAS, Michael Kaehler has been duly directed by the City
Council to cease and desist from his activities of providing
private building inspection services for Baytown Township as the
same is in conflict with his role and duties to the City of Oak
Park Heights; and, whereas, Mr. Kaehler has refused to comply with
the cease and desist order as provided to him by the Mayor of the
City of Oak Park Heights.
NOW, THEREFORE, be it resolved and determined by the City
Council for the City of Oak Park Heights as follows:
1. That prior to the imposition of employment sanctions
which may include but not be limited to the discharge of employment
from the City of Oak Park Heights, the City shall conduct due
process hearing at which time Mr. Michael Kaehler may be given the
• opportunity to show cause if any he has why the City should not
impose employment sanctions and possible discharge from employment
L r
• as a result of his failure to follow the directives of the cease
and desist order as were provided to him verbally by the Mayor of
the City of Oak Park Heights on May 12, 1993, and by written
directive on May 13, 1993.
2. That the offices of the City Attorney of the City of Oak
Park Heights shall arrange through the offices of Administrative
Hearings of the State of Minnesota to secure an independent hearing
examiner to conduct the due process hearings.
3. That the hearings, as so conducted, shall issue findings
and recommendations on the following issues:
a. Whether or not Mr. Michael Kaehler breached his duty
of loyalty to the City of Oak Park Heights when he
privately negotiated a contract with Baytown
Township to secure its building inspection services
to himself during the time that he was the
department supervisor for the building inspections
department for the City of Oak Park Heights.
b. Whether or not Mr. Michael Kaehler presently as an
employee of the City of Oak Park Heights and
supervisor of the Building Inspections Department
has a conflict of interest in providing building
inspection services to Baytown Township.
•
C. Whether or not the City of Oak Park Heights was
authorized to issue a cease and desist order to Mr.
Kaehler of May 12, 1993, delivered to him verbally
on May 12, 1993, and by written correspondence of
May 13, 1993.
d. Whether or not the City of Oak Park Heights may
discharge Mr. Kaehler from his employment or impose
other employment sanctions against Mr. Kaehler as
an employee and department supervisor of the
Building Inspections Department of the City of Oak
Park Heights given his refusal to abide by the
aforementioned cease and desist order.
Dated this 24th day of May, 1993.
By Order of Th Zayokr i Council
arbara O'Neal,
Attest:
('�' �LaVonne TWMstn, City Clerk
CITY OF nn D
w�
OAK PARK HEIGHT
A MINNESOTA STAR CITY
May 13, 1993
Mr. Michael Kaehler
Building Inspector
City of Oak Park Heights _
P. 0. Box 2007
Oak Park Heights, MN 55082
Re: Conflict of Interest - Building Inspection
Services for Baytown Township
Dear Mr. Kaehler:
Following my verbal direction to you on May 12, 1993, I am
Thereby confirming in writing, you are herewith advised that the,
Council has and is directinu you through this written
correspondence to cease and desist from anv further buildinct
,-insmection activities for Bavtown Township. Notwithstanding this
directive, the Council has determined that you should be granted
an appropriate time to conclude your services for Baytown Township.
Consequently, this cease and desist order shall become effective
at 6:15 o'clock p.m. on Mav 24. 1993.
Your solicitation and acceptance of private employment from
Baytown Township has been determined by the Council to be in
conflict with your position as the head of the building inspections
department of the City of Oak Park Heights which has, in calendar
year 1992, expanded to provide services to other communities and
which hires an assistant building inspector for the express
purposes of providing those and other services.
In addition to competing with your own department, your
provision of private services to Baytown Township violates your
common law duty of loyalty to your employer which prohibits you
from soliciting the employers potential customers for yourself.
The City Council is also concerned as it affects possible
confusion of the public and imposition of liability to the City as
a result of your activities and an obvious practical conflict with
your position within the City of Oak Park Heights. The City has
14168 North 57th Street • Box 2007 e Oak Park Heights, Minnesota 55082 -2007
Phone: 612- 439 -4439 • Fax: 612 - 439 -0574
Page 2
• May 13, 1993
To: Michael Kaehler
Re: Conflict of Interest
received several phone calls and personal contacts during the
business day from residents of Baytown Township which has been
continuing since you began this activity. The very nature of
building inspections and the demands of the construction industry,
require that building inspectors be available during regular
business hours to make inspections on request of various
contractors and it is unreasonable to expect that those demands can
be delayed until after your work hours with the City of Oak Park
Heights. In practice over the past few weeks, the contrary
situation has displayed so - that demands are being made upon
you or upon City offices by way of phone calls or personal visits
from persons seeking building inspection services or other building
inspection work. Clearly this demonstrates that your work for
Baytown will inevitably conflict with your duty as building
inspector of the City of Oak Park Heights as well as head of the
building inspections department.
Sincerely,
Barbara O'Neal
Mayor, City of Oak Park Heights
BO:sms
cc: Richard Seggelke
Jack Doerr
David Schaaf
Dean Kern
La Vonne Wilson
•
• RESOLUTION 9 3 - 04 -24
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REAFFIRMING CONNECTION CHARGES
ESTABLISHED WITHIN THE AREAS WEST OF OAKGREEN
AVENUE /NORTHBROOK BOULEVARD IN THE CITY OF
OAK PARK HEIGHTS AND SOUTH OF TRUNK HIGHWAY 36
WHEREAS, the City of Oak Park Heights did obtain by annexation
order from the Minnesota Municipal Board certain lands located to
the south of Trunk Highway 36 and west of Oakgreen /Northbrook
Boulevard; and,
WHEREAS, the City of Oak Park Heights has received development
and planning information from the office of the City Planner,
Northwest Associated Consultants; engineering information from the
office of the City Engineer, Bonestroo, Rosene, Anderlik &
Associates, Inc.; and physical data and planning information from
the office of the City Auditors, Tautges, Redpath & Co., Ltd.; and,
• WHEREAS, the City has entered into a plan for the development
of the aforementioned property with the delivery of municipal
services therefore; and,
WHEREAS, the City finds that it is necessary in order to
implement the delivery of municipal services to the area above
described and it is necessary to establish water, sewer and storm
sewer connection charges which are specifically directed to the
delivery of those municipal services; and,
WHEREAS, the City has authority to establish connection
charges within its community pursuant to the provisions and
authority provided it within Minnesota Chapter 444.01, et. seq. and
related statutes; and,
WHEREAS, the connection charges so established have been
uniformally implemented in the aforementioned property since its
annexation to the City Oak Park Heights with all such connection
charges being collected from developments as they have occurred.
NOW, THEREFORE, BE IT IS RESOLVED by the City Council for the
City of Oak Park Heights that the City's existing plan of
connection charges for the area contained within the City of Oak
Park Heights located to the west of Oakgreen /Northbrook Boulevard
and south of Trunk Highway 36 originally adopted in Resolution 91-
02 -08 on February 25, 1992 is hereby reaffirmed and shall be
uniformally applied to all developments occurring within the area
specified.
r
BE IT FURTHER RESOLVED that connection charges shall be
similarly collected for the storm sewer systems in the area above
described with such charges being collected in the same manner as
water and sewer connection charges and such charges shall be in
amounts as follows:
A. Municipal Storm Sewer System:
(a) Connection charges for the municipal storm
sewer system located in the above referenced
area shall be as follows:
1. low density (single family) residential
$2,406.00 per acre;
2. high density (multiple family) residential
$3,937.00 per acre;
3. commercial developments $4,648.00 per
acre.
Passed by the City Council of the City of Oak Park Heights
this 2(;-h day of April, 1993.
Barbara O'Neal, Mayor
Attest:
La Vonne Wilson,
City Clerk
i 2
` O 0
•
D. Upon the granting of a Planned Unit Development
permit and /or granting of a Development Agreement relating to a
Planned Unit Development;
E. Upon the granting of any Conditional or Special Use
Permit for the allowance of use and construction of a facility
intended to be connected to the public facilities of the City of
Oak Park Heights.
That the following connection charges shall be collected
in each such instance based upon the proposed development
aforementioned and based upon the following computations or
fractional proportions thereof:
A. Trunk sewer connection charges shall be collected at
the rate of $2,110.00 per acre;
B. Trunk water works connection charge shall be
collected at the rate of $3,670.0 p er acre;
BE IT YuxrnrK RESOLVED that all such computation shall
• be made by the office of the City Clerk and confirmed with the
offices of the City Engineer prior to collection thereof and
prior to issuance of any permit allowing development upon
property within the aforementioned areas of the City of Oak Park
Heights.
BE IT ruxrny -m RESOLVED that the aforementioned system of
charges and rates shall be adjusted from time to time by the City
Council based upon report and recommendation from the office of
the City Engineer and the office of the City Auditor. All such
adjustments and amendments thereto, if any, shall be effective
immediately upon adoption and shall be applied to all
developments thereat pending which have not received approval by
the City of Oak Park Heights or which may be applied for after
which such amendments have been approved by the City Council.
i
BE IT r RESOLVED that the aforementioned
connection charges are in addition to and not in lieu of costs to
be assessed to particular properties for the providing of
sanitary sewer, storm sewer and water improvements to each
property as may be petitioned for same or for which improvements
have been ordered by the City Council pursuant to Minnesota
Statute 429.031.
BE IT ru.K nrK RESOLVED that upon the recommendation of
the City Engineer, the City Fiscal Consultant and staff, the City
• Council may delay or defer payment of any part or all of a
• RESOLUTION 93 -04 -23
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT TO BE
EXECUTED BETWEEN THE CITY OF OAK PARK HEIGHTS AND HERITAGE
DEVELOPMENT CORPORATION FOR RIVER HILLS SECOND ADDITION
WHEREAS, Heritage Development Corporation has petitioned the
City of Oak Park Heights for approval of River Hills Second
Addition; and
WHEREAS, the City has received the comment of the City
Engineer, City Planner and City Attorney affecting said
application; and,
WHEREAS, the Ordinances of the City of Oak Park Heights as
well as staff have recommended the entry between the City of Oak
Park Heights and Heritage Development Corporation of a Development
Agreement specifying the terms and conditions of the approval of
said plat and the development commensurate therewith; and,
WHEREAS, copies of said Development Agreement have been duly
P P g Y
reviewed by City staff and the City Council; and,
• WHEREAS, the City Council has received no adverse input from
the public as it affects the terms and conditions of the
aforementioned Development Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that the Development Agreement as prepared by
the offices of the City Attorney are hereby approved and the Mayor
and the Clerk are herewith authorized and directed to execute same
on behalf of the City of Oak Park Heights.
BE IT FURTHER RESOLVED, that thereafter following execution
of the Development Agreement, a true and correct copy thereof shall
be filed of record in the office of the County Recorder in and for
Washington County, Minnesota.
Passed by the City Council of the City of Oak Park Heights
this 26th day of April, 1993.
60 ,6--
B rbara O'Neal, Ma or
Attest:
• aVonne Wilson, City Clerk
I
• RESOLUTION 93 -04 -21
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING CASH TRANSFERS AS
RECOMMENDED IN THE CITY'S AUDITOR REPORT
DATED MARCH 17, 1993
WHEREAS, the City Council for the City of Oak Park Heights has
received a Memorandum from the Deputy Clerk enclosing and providing
to the City Council a report as provided for by the office of the
City Auditor dated March 17, 1993; and,
WHEREAS, said report reviews the financial status of certain
funds within the City of Oak Park Heights and recommends that cash
transfers be made; and,
WHEREAS, the City Council has reviewed said report and finds
that recommendations to be in the best interest of the citizens of
the City of Oak Park Heights and the financial integrity of the
funds referenced therein.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that the report of the City Auditor dated March
17, 1993 with the recommendations on cash transfers as set forth
therein are hereby approved and directed to be made by the office
of the City Clerk.
Passed by the City Council of the City of Oak Park Heights
this 12th day of April, 1993.
Bhrbara O'Neal, Mayor
Attest:
LaVonne Wilson, City Clerk
•
L
• RESOLUTION 93- 04 -20A
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE ISSUANCE OF LICENSE
NUMBER A- 00259 -001 TO EAGLES AERIE 94 BY THE MINNESOTA
GAMBLING CONTROL BOARD
WHEREAS, the City of Oak Park Heights has received the
application of Eagles Aerie 94 to conduct a charitable gambling
activity upon its premises; and,
WHEREAS, an application has been provided to the City of Oak
Park Heights pursuant to the regulations of the Minnesota Gambling
Control Board; and,
WHEREAS, Eagles Aerie 94 has previously conducted charitable
gambling activities upon their premises with licenses and
permissions as issued by the City of Oak Park Heights and the
Minnesota Gambling Control Board; and,
WHEREAS, Eagles Aerie 94 is a charitable non - profit
organization which will dedicate the proceeds of such activities
to civic, community, and other non - profit activities.
• NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Oak Park Heights:
1. That Charitable Gambling License Number A- 00259 -001 as
applied for by Eagles Aerie 94 to the State of Minnesota Gambling
Control Board be and the same is hereby approved by the City of Oak
Park Heights.
Passed by the City Council of the City of Oak Park Heights
this 12th day of XNg, 1993.
April
� lQ..ac�c -cam„
Barbara O'Neal, Mayor
Attest:
e SEE �
aVonne Wilson, City Clerk
•
RESOLUTION 93 -04 -20
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE REQUEST FROM EAGLES AERIE
94 TO CHARITABLE GAMBLING LICENSE NUMBER B- 00259 -002
WHEREAS, the City of Oak Park Heights has received the
application of Eagles Aerie 94, Stillwater, to conduct a charitable
gambling activity on the premises of the St. Croix Bowl located at
6862 Omaha Avenue North in the City of Oak Park Heights; and,
WHEREAS, the Eagles Aerie 94 is a charitable non - profit
organization duly organized and recognized as a bona fide non-
profit organization within the City of Oak Park Heights; and,
WHEREAS, the Eagles Aerie 94 has previously had permits to
conduct charitable gambling activities upon their premises and has
always complied with the regulations of the City of Oak Park
Heights; and,
WHEREAS, all funds to be generated by such organization in
such endeavor shall be utilized for charitable, community or other
civic benefit.
• NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Oak Park Heights:
1. That License Number B- 00259 -002 as applied for by Eagles
Aerie 94 with the State of Minnesota Gambling Control Board be and
the same is hereby approved by the City of Oak Park Heights.
Passed by the City Council of the City of Oak Park Heights
this 12th day of XAS, 1993.
April
Barbara O'Neal, Mayor
Attest:
aVonne Wilson, City Clerk
• RESOLUTION 93 -03 -16
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 1993 WATER AND SEWER
RATE REVIEW AS PRESENTED BY THE CITY ENGINEER
WHEREAS, the City Council for the City of Oak Park Heights has
received from the office of the City Engineer a review and study
of the current water and sewer utility rates and relevant data
pertinent thereto; and,
WHEREAS, said study and review request modification to the
City's existing water and sewer rates which would request an
increase in sewer system rates to $26.50 per quarter for users
utilizing up to 15,000 gallons per quarter and further requests an
increase of $1.76 per thousand gallons for usage over 15,000
gallons of water based upon the winter quarter meter readings; and,
WHEREAS, the City Council has heard and received public debate
on said water and sewer increases; and,
WHEREAS, the Council finds it necessary in order to sustain
the integrity of the City's utility system to have rates that are
commensurate with the expenses incurred by the City for the
• utilization of those utilities as well as rates which project the
depreciation and replacement of those utilities over time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that the 1993 water and sewer rate review
report as presented by the office of the City Engineer is hereby
approved.
BE IT FURTHER RESOLVED that effective immediately sewer system
rates will increase to $26.50 per quarter for up to 15,000 gallons
of usage and $1.76 additional for every additional thousand gallons
used over the 15 000 g allon minimum based on winter quarter meter
readings.
Passed by the City Council of the City of Oak Park Heights
this 22nd day of March, 1993.
,�JM-0 ,,�
Barbara O'Neal, Mayor
Attest:
C- "LaVonne Wilson, City Clle
•
• RESOLUTION 93- 03 -15
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE LOAN APPLICATION
FOR PHASE ONE OF THE CONSOLIDATION STUDY
WHEREAS, the communities of Bayport, Baytown Township and the
City of Oak Park Heights have been considering entering into a
consolidation study to better review and analyze the pros and cons
of the possible consolidation between the three communities; and
WHEREAS, the Metropolitan Council has available to communities
involved in such studies local planning assistance loans; and
WHEREAS, the loan is available to fund up to 75% of the cost
of the study; and
WHEREAS, the communities of Bayport and Baytown Township
support the process of applying for the loan; and
WHEREAS, all communities will still have to review allocation
for responsibility for the loan as well as the nonfunded portions
of the cost of phase one of the consolidation study.
. NOW, THEREFORE, BE IT IS RESOLVED by the City Council for the
City of Oak Park Heights:
1. That the loan application form as prepared through the
offices of the city administrator for the City of Bayport is hereby
approved for execution by the Mayor and Clerk on behalf of the City
of Oak Park Heights.
2. The Mayor and the Clerk are herewith authorized to submit
said loan application on behalf of the City of Oak Park Heights.
3. That prior to acceptance of any loan proceeds or
expenditures being incurred with regard to phase one of the
consolidation study, the three communities, Oak Park Heights,
Bayport and Baytown Township, shall enter into a formal agreement
recognizing their individual financial responsibility for the cost
of that study and establishing a mechanism to repay same.
Passed by the City Council of the City of Oak Park Heights
this 8th day of March, 1993.
Barbara O'Neal, Mayor
Attest: J
LaVonne Wilson,
City Clerk
• RESOLUTION 93 -03 -14
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL
CROSSOVER REFUNDING BONDS OF 1993
WHEREAS, the City Council for the City of Oak Park Heights has
received the report of its Bond Consultant, Steve Mattson of Juran
& Moody, municipal financial advisers; and
WHEREAS, the City Council has reviewed the issues raised by
the fiscal advisers and the City Auditor as it affects the issuance
of General Obligation Crossover Refunding Bonds of 1993; and,
WHEREAS, the City Council has reviewed Bond rates and
determines them to be favorable to take advantage of issuing
Crossover Refunding Bonds; and,
WHEREAS, the issuance of the General Obligation Crossover
Refunding Bonds of 1993 has been recommended by the office of the
City Auditor as well as that of the financial bond consultant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that the Mayor and Clerk are herewith
authorized to execute and issue on behalf of the City of Oak Park
Heights General Obligation Crossover Refunding Bonds of 1993. All
such Bonds shall be stamped and dated as of March 8, 1993 and shall
be issued in conformance with their laws and regulations of the
State of Minnesota pertaining thereto.
Passed by the City Council of the City of Oak P rk Heights
this 8th day of March, 1993.
�pQt�t.G`
arbara O'Neal, Mayor
Attest
`'LaVonne Wilson, City Clerk
N
v
• RESOLUTION 93 -03 -13
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE INCREASE OF MINIMUM FEES IN
HEATING, VENTILATION, AIR CONDITIONING AND PLUMBING
PERMITS IN RESIDENTIAL AND COMMERCIAL PROJECTS
WHEREAS, the building inspection department of the City of Oak
Park Heights has recommended to the City Council that there be an
increase in minimum fees for heating, ventilation, air conditioning
permits from $30.00 to $75.00 in residential projects; minimum fees
of $75.00 for commercial projects or one percent (1 %) of the
commercial contract and plumbing fees increased from the current
$5.00 per fixture to a flat $75.00 for residential permits and, in
commercial projects, plumbing fees be increased to a minimum of
$75.00 or one percent (1 %) of the contract, whichever is greater;
and,
WHEREAS, the City Council did conduct public hearings on the
recommended increases as set forth by the office of the building
inspector and building inspection department and received no
• adverse comment from either commercial or residential construction
enterprises or citizens; and,
WHEREAS, the building inspection department had recommended
the effective date of implementation of the charges of the new fees
be Tuesday, March 9, 1993 at 8:00 o'clock a.m.; and,
WHEREAS, the Council has reviewed the proposed fees and found
them to be reasonable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that the following fee structure for hearing,
ventilation, air conditioning and plumbing permits is hereby
implemented effective March 9, 1993 at 8:00 o'clock a.m.:
a. for residential projects minimum fees will be $75.00;
b. in commercial projects minimum fees will be $75.00 or one
percent (1 %) of the construction contract.
BE IT FURTHER RESOLVED that plumbing fees shall be adjusted
as follows effective March 9, 1993 at 8:00 o'clock a.m.:
a. residential plumbing fee shall be $75.00;
b. commercial plumbing fee shall be at $75.00 or one percent
• (1 %) of the commercial construction contract whichever
is greater.
• Passed by the City Council of the City of Oak Park Heights
this 8th day of March, 1993.
/6" 2G.�
Barbara O'Neal, Mayor
Attest:
a onne Wilson, City Clerk
•
•
• RESOLUTION 93 -03 -12
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING AMENDMENT TO SECTION 301.04B
OF CHAPTER 301 OF THE CODE OF ORDINANCES OF
THE CITY OF OAK PARK HEIGHTS
WHEREAS, the building inspection department of the City of Oak
Park Heights has recommended to the City Council that an amendment
be implemented as it affects building permits to not require
building permits for remodel or alteration work having a valuation
of less than $1,500.00 provided that the proposed construction
shall not increase the physical size nor alter the structural
framework of the existing building; and,
WHEREAS, the City Council finds that over the years the
inflationary value of work that is being completed within the City
of Oak Park Heights including normal upkeep and repair of homes and
other commercial enterprises involves numerous small projects of
under $1,500.00, none of which has any structural impact on the
building being worked upon; and
WHEREAS, the building inspector recommends the amendment to
the Ordinance; and,
• WHEREAS, the Council has received the input from the public
and has not received any adverse comment thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that Section 301.04B of the Code of Ordinances
of the City of Oak Park Heights shall be amended to not require
building permits for remodeling or alteration of work having a
valuation of $1,500.00 or less as long as the construction does
not increase the physical size nor alter the structural framework
of the building.
Passed by the City Council of the City of Oak Park Heights
this 8th day of March, 1993.
Barbara O'Neal, Mayor
Attest:
�rsrre.L --�
aVonne Wilson, City Clerk
•
• RESOLUTION 93 - 02 -10
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION VACATING AN ALLEY LYING
EAST AND ADJACENT TO LOTS 1, 2, AND 3,
BLOCK 1, ELFELTS ADDITION TO OAR PARR
HEIGHTS (FORMALLY LAKE STREET)
WHEREAS, the City Council for the City of Oak Park Heights has
received a petition from property owners to consider a vacation of
that alley now depicted within the plat of Elfelts Addition to Oak
Park Heights as shown as being located to the east of and adjacent
to Lots 1, 2, and 3 Elfelts Addition to Oak Park Heights (formally
Lake Street); and,
WHEREAS, all the owners of the abutting property of said
street /alley as proposed to be vacated have been notified of this
proceeding; and,
WHEREAS, said alley has never been developed or used as a
public street and it is improbable that there will ever be any
• public need for that part of the street, and that moreover, by the
vacating of same, the property will be returned to the tax roles
and will enhance the taxable value of all abutting lands thereon
affected by; and,
WHEREAS, said alley is not required or needed for access
purposes to any parcel of land; and,
WHEREAS, for the foregoing reasons, it appears to be in the
public interest to vacate that alley located adjacent to and to the
east of Lots 1, 2, and 3, Block 1, Elfelts Addition to the City of
Oak Park Heights (formally Lake Street).
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Oak Park Heights that all of that part of the alley lying
east of and adjacent to Lots 1, 2, and 3, Block 1, Elfelts Addition
to Oak Park Heights (formally Lake Street) be and the same is
hereby vacated.
BE IT FURTHER RESOLVED that the City Clerk shall prepare a
Notice of Completion of these proceedings which shall contain the
name of the City, the identification of the vacation, statement of
the time of completion thereof, and a description of the real
estate and land affected thereby. Such notice shall be presented
to the County Auditor who shall enter the same and transfer records
and note upon the instrument over his official signature the words
• "entered in the transfer of record ". The Notice shall then be
filed with the County Recorder all as is required by Minnesota
Statute § 412.851.
• Adopted by the City Council of the City of Oak Park Heights
this 22nd day of February, 1993.
4 4-4-1�
Barbara O'Neal, Mayor
Attest:
LaVonne Wilson,
City Clerk
•
2
Y
RESOLUTION 93 -02 -08
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION SUPPORTING THE ACQUISITION BY
ANDERSEN CORPORATION OF A TWO HUNDRED FORTY -FIVE
(245) ACRE SITE ADJACENT TO COUNTY ROAD 21
FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
WHEREAS, Andersen Corporation has ninety (90) years of
presence within the St. Croix Valley, eighty (80) years within the
City of Bayport and presently provides over 3700 jobs throughout
the St. Croix Valley and surrounding areas; and,
WHEREAS, Andersen Corporation is proposing to acquire a two
hundred forty -five (245) acre site adjacent to County Road 21 on
property that is currently owned and managed by the Minnesota
Department of Natural Resources; and,
WHEREAS, the Minnesota Department of Natural Resources has
acquired the property from the Minnesota Department of Corrections
• through an inter - department transfer within the State of Minnesota,
the property having been originally acquired by the Department of
Corrections for consideration for use as part of the correctional
facilities maintained by the Department within the area; and,
WHEREAS, the acreage in issue is owned presently by the
Minnesota Department of Natural Resources, does not have any
significant or unique value to the Minnesota Department of Natural
Resources and is currently used as farm land and also allows
certain public hunting upon the property; and,
WHEREAS, it is a common practice for excess land acquired by
departments of the State of Minnesota to be transferred to the
Department of Natural Resources when the purposes for which they
were originally acquired are no longer being fulfilled; and,
WHEREAS, their exists far more significant land with unique
features that are more adaptable to the use and purpose of the
Minnesota Department of Natural Resources that could be acquired
with the proceeds of funds that would be available to the Minnesota
Department of Natural Resources should this land be sold to
Andersen Corporation; and,
WHEREAS, the St. Croix Valley has a significant interest in
retaining and promoting the growth of Andersen Corporation; and,
• WHEREAS, Andersen Corporation proposes to acquire the property
in issue and over a phased development could create an additional
2000 jobs for the St. Croix Valley; and,
f s .
• WHEREAS, Andersen Corporation has shown itself to be a civic
and corporate leader within the St. Croix Valley communities and
has had a distinct and positive impact on the quality of life
within the St. Croix Valley Communities; and,
WHEREAS, Andersen Corporation's acquisition of the property
in issue would resolve existing environmental issues affecting the
clean up and disposal sites now located upon the property, better
provide for landscaping and development of the property, preserve
the existing wetlands and add additional ponding increasing wetland
development from the existing four (4) acres to twelve (12) acres;
and
WHEREAS, Andersen Corporation has shown itself to be committed
to conducting its business and providing jobs and growth in a
manner that is consistent with the environmental goals necessary
to provide for the protection of the St. Croix Valley as an
environmental resource to this community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Oak Park Heights that this City herewith goes on
record as supporting Andersen Corporation in its proposal
to acquire a two hundred forty -five (245) acre site
adjacent to County Road 21 from the Minnesota Department
• of Natural Resources.
BE IT FURTHER RESOLVED the City of Oak Park Heights
herewith commends Andersen Corporation on its corporate
and civic leadership within the St. Croix Valley and its
surrounding communities all of which has had a beneficial
impact on the quality of life for all of the residents
within the St. Croix Valley.
Pass _@d by the City Council of the City of Oak Park Heights
this day of February, 1993.
arbara O'Neal, Mayor
Attest:
'i�onne Wilson,
City Clerk
2
RESOLUTION 93 -1-3
• CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION DRSIGXA:Tj, - NG OppICIA:, DEPOSITORIES
FOR CA3LMIDAR YEAR 199
WHEREAS, State law requires municipalities to designate by
resolution official depositories to be utilized by the offices of
their city clerks and treasurc�rs affecting the deposits of funds
of the City from time to time; and,
WHEREM, the office of the Administrator / Treasurax of the City
of Oak Park Heights has provided to the City a listing of all
depositories utilized by the city of flak Park Heights and,
WHEREAS, the City Council desires to continue to use such
depositories within calendar year 1993; and,
WHEREAS, all such depositories have demonstrated compliance
with the security regulation.ea of the State law with regard to
public deposits thereby enabling them to be used as official
• depositories for public funds;. and,
WHEREAS, the office of the City Administrator Treasurer
recommends the continued use of these depositories within this
calendar year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Oak Park Heights that the official depositories for the holding
of City funds and investments for calendar year 1993 are as
follows:
Firstar Bank of Stillwater
Central State Bank of Stillwater
Metropolitan Federal Bank
Juran & Moody - AIM Fund
Lake Elmo State Bank
First State Bank of Bayport
Norwest Bank N.A.
The City Staff, including auditor and treasurer shall be
allowed to freely direct investments and deposits within the
aforementioned banks and depositories in such manner as may be
approved by the City council from time to time.
f-
Passed by the City Council of the City of Oak Park Heights
this 11th day of January, 1993.
Barbara O'Neal, Mayor
Attest:
M& vonne Wilson
Administrator /Treasurer
2
•