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HomeMy WebLinkAbout1990 Resolutions RESOLUTION 90 -12 -49 CITY OF OAR PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DESIGNATING THE COURIER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF OAK PARK HEIGHTS FOR CALENDAR YEAR 1991 WHEREAS, Minnesota Statute requires that cities designate the official publication for the City annually; and, WHEREAS, the City has been approached by "The Courier" requesting to be designated as the official newspaper for the City of Oak Park Heights within calendar year 1991; and, WHEREAS, the City Council has conducted a comparison of the various publishing rates, effective coverage, readership of the respective newspapers within the community and other factors to determine which publication would best serve the interests of the residents of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of for the City of Oak Park Heights, that "The Courier" is herewith designated to be the official newspaper for the City of Oak Park Heights for calendar year 1991 and shall be the source of all publications that are required by statute to be officially published by the City of Oak Park Heights within calendar year 1991. Passed by the City Council of the City of Oak Park Heights this 26th day of December , 199 . Frank O. Sommerfeldt Mayor Attest: r,- '27 �� a onn i 1 s &n Administrator /Treasurer • RE S O L U T I O N #90 -12 -48 WHEREAS, the Washington County Court Administrator, in the interest of providing standardized fines throughout Washington County, has requested that all townships and municipalities in Washington County adopt a uniform fine schedule as to parking violations. This fine schedule excludes handicapped parking violations, and other fines set by statute. NOW THEREFORE, IT IS HEREBY RESOLVED THAT the following fine schedule is approved and adopted: All parking violations $25.00 Dated D ee em b etc 104h 1 9 9 0� (Signature) Ma ym (Title) CITY OF OAK PARK HEIGHTS • RESOLUTION 90 -11 -46 CITY OF OAR PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A SOLUTION DESIGN FRANK 0. ATING DECOMER 10, 1990 AS 4ERFELDT APPRECIATION DAY Oak Park Heights, Frank O. Sommerfeldt, the Mayor of the City of has announced his retirement and shall end his term of Mayor of the City of December 31, 1990; and, Mayor since andnk O. Sommerfeldt has served the City as Of Oak Park He ghtsraskcouncilpersondt has also served the city the death of Ramie Johnson) interim mayor (following commissions dating back to then incorporation of Cit y of Oak Park Heights; and, contributio therank o.ntsmanditldt has made a significant and has been instrumental in directing the growth and devel he City of Oak Park Heights Of the community, Garin Of its residents q for the safety and the qualify of lfe the Cit y as it and providing the leadership and continues to grow and develop; and, SEAS, during Frank O. Sommerfeldt's administration as Mayor, the City has seen significant P including the renovation and expansionOfthemSt. Croix acquisition and improvement of the City's Croix Mall, facilities, growth and development of he City's abusinessati community and the development of housing and neighborhoods fo the residents of the City, all of which has contributed t o and provide a better life for the le of the City; r people , City, AREAS, the residents and business community of this his fellow councilpersons and City staff all wish to show guidance that he has Years of service, leadership and their appreciation for the provided to the City of Oak Park Heights. is hereb NOW, LAAs&'l .r,uiVb� BE IT RESOLVED that y declared as Frank O. Oak Park Heights. Sommerfeldt Day the City of t BE IT r uimi�i RESOLVED, that this community expresses is sincere appreciation to Frank O. Sommerfeldt for hi dedicated service and leadership and extends to Frank its warmest and best wishes on his retirement. s Years of Passed by the City Council of the Cit Heights this 26th day of of Oak Park November 199 Attest: a O'Neal, Acting Mayor cline Wilson Administrator /Treasurer • • • RESOLUTION 90- -id - - la- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 1991 BUDGET WHEREAS, the City staff has prepared and submitted to the City Council the proposed budget for calendar year 1991; and, WHYS, public notice has been duly given as provided by law with public hearings being conducted by the City Council from the public to the proposed budget, receiving no adverse comment 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 as follows: • I. That the 1991 budget is hereby approved as presented by the City Auditor in the total General Fund amount of $1,518,735. 2. 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 1991 in the amount of $1,107,962. 3. That the scheduled payments on the 1982 General Obligation Bonds in the amount of $16,000 and the scheduled payments on the 1987 General Obligation Bonds in the amount of $48,000 are hereby also approved for collection in calendar year 1991 and are to be certified to the County Auditor - Treasurer for collection purposes by the City Clerk. 4. That the City Clerk is also authorized and directed to certify to the County Auditor - Treasurer for collection the sum Of $27,592 for improvements to Storm Sewer Improvement Tax District No. 1, the same to be collectable in calendar year 1991 with the real estate taxes on the affected properties. Passed by the City Council for the City of Oak Park Heights this 26th day of November 1 90. Frank O. Sommerfel Mayor Attest: LaVonne Wilson, Administrator /Treasurer 1R ;; • RESOLUTION 90-10-41A 10 41A CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACKNOWLEDGING AGREELIENT WITH THE CITIES OF STILLWATER AND BAYPORT IN THE HIRING OF BRIGGS & MORGAN TO REPRESENT THE REPRESENTATIVES OF THE CITIES OF STILLWATER, BAYPORT AND OAK PARK HEIGHTS AS IT AFFECTS CENTR THE ANNE T. DAMS VS. AL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS ACTION alle WHEREAS, an action has been commenced by Anne T. Davis ging a cause of action against certain defendants who are members of the Central St. Croix Valley Joint Cable Communications Commission; and, WHEREAS, the cities of Bayport, Oak Park Heights and Stillwater have appointed representatives to serve on that Commission on behalf of the cities; and, • WHEREAS, the City of Oak Park Heights finds it advisable and desirable to advance funds as may be necessary to the Central St. Croix Valley Joint Cable Communications Commission to secure the timely payment of legal fees representing all parties defendant in this matter; and, WHEREAS, the cities of Bayport, Stillwater and Oak Park Heights are in agreement to pro rata share the expenses of legal fees incurred in the defense of the representatives of the member cities and the Central St. Croix Valley Joint Cable Communications Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the City ratifies the action of the Central St. Croix Valley Joint Cable Communications Commission in hiring the law firm of Briggs and Morgan to tender defense on behalf of the various city representatives in the Central St. Croix Valley Joint Cable Communications Commission to the action commenced as above referenced. Be it further resolved that the City of Oak Park Heights shall advance sums as may be necessary to the Central St. Croix Valley Joint Cable Communications Commission to pay for legal fees that are not provided for within the Central St. Croix Valley Joint Cable Communication Commission budget, subject to reimbursement agreement to be negotiated and agreed to between • the cities of Bayport and Stillwater as has been agreed to between counsel for the various cities. Passed by the City Coun=c�'k y of tie 91t of Oak Park Heights this 9th day of Oc Frank O. Sommerfeldt Mayor Attest: LaVonne Wilson Administrator/Treasurer • • EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: October 9, 1990 Pursuant to due call and notice thereof, a special 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 Tuesday, the 9th day of October, 1990, at 7:00 o'clock — M., for the purpose of authorizing the issuance of, and awarding the sale of, $300,000 General Obligation Improvement Bonds of 1990 of the City. The following members were present: Mayor Frank Sommerfeldt, Council Members Dean Kern, Barbara O'Neal and Richard Seggelke and the following were absent: Jack Doerr Member Richard Seggel ke introduced the following • resolution and moved its adoption: #90 -10 -42 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $300,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1990, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Oak Park Heights, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $300,000 General Obligation Improvement Bonds of 1990 of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (the "Improvements "); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and • 7984 • C. WHEREAS, no other obligations have been sold pursuant to a private sale within the last twelve (12) calendar months of the date hereof which when combined with this issue would exceed the $1,200,000 limitation on negotiated sales as required by Minnesota Statutes, Section 475.60, Subdivision 2(2); and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Oak Park Heights, Minnesota, as follows: 1. Acceptance of Offer,. The offer of Juran & Moody, Inc. (the "Purchaser "), to purchase $300,000 General Obligation Improvement Bonds of 1990 of the City (the "Bonds ", or individually a "Bond "), in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $294,120, plus interest accrued to settlement, is hereby accepted. 2. Title; Oriainal Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Improvement Bonds of 1990 ", shall be dated October 1, 1990, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds • shall mature, without option of prepayment, on December 1 in the years and amounts as follows: Year Amount Year Amount 1992 $50,000 1993 -1994 $125,000 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing June 1, 1991, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: • 7984 2 • Maturity Interest Maturity Interest Year Rate Year Rate 1992 6.40 1994 1993 6.50 6.60 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their maturity. 6. Bond Registrar. First Trust National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: • • 7984 3 • UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS R- $ GENERAL OBLIGATION IMPROVEMENT BOND OF 1990 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE OCTOBER 1, 1990 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Oak Park Heights, Washington County, Minnesota (the "Issuer ") , certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, without option of prepayment, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing June 1, 1991, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of First Trust National Association, in St. Paul, Minnesota (the "Bond Registrar ") , acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date ") . Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who 7984 4 • is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Oak Park Heights, Washington County, Minnesota, by its City Council has caused this • Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Administrator - Treasurer, the corporate seal of the Issuer having been intentionally omitted as permitted by law. • 7984 5 • Date of Registration: Registrable by: FIRST TRUST NATIONAL ASSOCIATION Payable at: FIRST TRUST NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF OAK PARK HEIGHTS, CERTIFICATE OF WASHINGTON COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the /s/ Facsimile Resolution mentioned Mayor within. /s/ Facsimile FIRST TRUST NATIONAL Administrator - Treasurer ASSOCIATION Bond Registrar By Authorized Signature • • 7984 6 • ON REVERSE OF BOND No Redemption,. The Bonds of this issue (the "Bonds ") are not subject to redemption and prepayment prior to their maturity. Issuance; Purbose; General Obliaation. This Bond is one of an issue in the total principal amount of $300,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on October 9, 1990 (the "Resolution "), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds of 1990 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchanae; Resolution,. The Bonds are • issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation) , of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. • 7984 7 _ r • Fees upon Transfer or Loss,. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Reaistered Owners,. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication,. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax - Exemot Obligation,. This Bond has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 7984 8 • ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used • though not in the above list. • 7984 9 • ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: • Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) • 7984 10 • 8. Execution; Temaorary Bonds. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and Administrator - Treasurer and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Administrator - Treasurer. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. • 9. Authentication,. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is October 1, 1990. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchanae. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as- the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of • 7984 11 • transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer • provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar • 7984 12 to close its transfer books between record dates and payment dates. The Administrator - Treasurer is hereby authorized to negotiate and execute the terms of said agreement. 11. Riahts Upon Transfer or Exchanae. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. • 13. Treatment of Reaistered Owner,. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Deliverv: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator - Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts,. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds of 1990 Fund" (the "Fund ") to be administered and maintained by the Administrator - Treasurer as a bookkeeping account separate and apart from all other funds maintained in the' official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be 7984 13 • maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account ", respectively. (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less capitalized interest in the amount of $38.062.50 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before June 1, 1992), plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended • balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) capitalized interest in the amount of $ 38,062.50 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before June 1, 1992); (d) • 7984 14 • any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (e) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (f) all investment earnings on funds held in the Debt Service Account; and (g) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which • under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time • 7984 15 • limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than 8.00 per annum: Improvement Collection Desianation Amount Levv Years Years Valley Point $ 293,000.00 1991 -1993 1992 -1994 2nd Addition At the time the assessments are in fact levied the City Council shall, based on the then - current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Lew: Coveraae Test,. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: • 7984 16 • Year of Tax Year of Tax Levv Collection Amount 1993 1994 $ 500.00 The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. General Obliaation Pledae,. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or • without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Reaistration,. The Administrator - Treasurer is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 20. Records and Certificates,. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. • 7984 17 • 21. Neaative Covenant as to Use of Proceeds and, Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 22. Tax - Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small- issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a • private activity bond, (3) ninety -five percent (95 %) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (C) of the Code. 23. Desianation of oualified Tax - Exempt Obliaations. In order to qualify the Bonds as "qualified tax - exempt obliga- tions" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code, treating "qualified 501(c)(3) bonds as not being private activity bonds; • 7984 18 • (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1990 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1990 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 24. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 25. Headinas. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member _Dean Kern and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: All Members present and the following voted against the same: None adopted. Whereupon said resolution was declared duly passed and • 7984 19 • STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS I, the undersigned, being the duly qualified and acting Administrator - Treasurer of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of, and awarding the sale of, $300,000 General Obligation Improvement • Bonds of 1990 of said City. WITNESS my hand and the seal of said City this 9th day of October , 1990. Administrator - Treasurer (SEAL) • 7984 20 • RESOLUTION 90 -10 -43 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DIRECTING THE CITY ta�vjumSism TO PREPARE PLANS AND SPECIFICATIONS NECESSARY TO MUNICIPAL WATER AND SANITARY SEWER SERVICES TO THE DAHL -TECH PROPERTY WITHIN THE CITY OF OAR PARK HEIGHTS WHEREAS, the City Council for the City of Oak Park Heights has received from Dahl -Tech Plastics requesting approval of the plans to expand the manufacturing facility located upon the Dahl -Tech property so as to accommodate additional 15,000 square feet of manufacturing space; and, WHEREAS, the Dahl -Tech property is currently not served by City water and sewer; and, WHEREAS, in order to accommodate the applicant's request for Building Permit, municipal water and sewer services will have to be extended to the applicant's property at the applicant's expense; and, WHEREAS, it is necessary for the City Engineer to determine feasibility and also to prepare appropriate plans and specifications to project for the extension of municipal water and sewer services to the Dahl -Tech property. NOW, Y "Arzrurirs, BE IT RESOLVED by the City Council of for the City of Oak Park Heights, that the City Engineer is herewith directed to prepare plans and specifications for the extension of municipal sewer and water services to the Dahl -Tech Plastics facility as located within the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 22nd day of October 1990 Frank O. sommerfeld�/ Mayor Attest: a onne Wilson, Administrator /Treasurer • RESOLUTION 90 -10 -44 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A PARK STUDY AS OUTLINED i`iiiai.l� THE CITY PLANNER'S REPORT DATED AUGUST 23, 1990 WHEREAS, the City Council for the City of Oak Park Heights has received a report from the City Planner dated August 23, 1990; and, WHEREAS, the Planner's recommendation to the City is that a park study be approved in the manner outlined within said report; and, WHEREAS, the City Council has determined that a park study to be completed in the manner recommended by the City . Engineer would be in the best interests of the City. NOW, L rk z r uzLn, BE IT RESOLVED by the City Council for the City of Oak Park Heights that a park study shall herewith be performed in the manner outlined within the City Planner's Report and letter dated August 23, 1990, which report shall not exceed the sum of $2,700.00 in its preparation and completion. Passed by the City Council of the City of Oak Park Heights this 22nd day of October , 1990. ` Gam' ���� rank O. Sommerfeldt Attest: LaVonne 1 son Administrator /Treasurer • RESOLUTION 90 -10 -45 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PAYMENT REQUEST NO. 1 TO RICHARD KNUTSON, INC. IN THE AMOUNT OF $40,603.00 WHEREAS, the City of Oak Park Heights has received the recommendation from the City Engineer's office as it affects the approval of contractor's payments on City projects; and, WHEREAS, the City Engineer's office has certified that the services provided for within Request No. 1 to Richard Knutson, Inc. in the amount of $40,603.00 have been provided and are satisfactory. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that payment Request No. 1 to • Richard Knutson, Inc. in the amount of $40,603.00 is herewith approved, and the City Clerk /Treasurer is herewith authorized and directed to issue a check forthwith for payment in the manner requested by the City Engineer. Passed by the City Council of the City of Oak Park Heights this 22nd day of October , 1990. rank J 0. Sommerfeldt,,Mayor Attest: p 6:: L3a,nne Wilson Administrator /Treasurer ( � r •_ r 1 RESOLUTION 90 0 9 - 3 4 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA WHER.FUMS, Minnesota Statute 414.03:, Subdivision Z provides for the initiation of proceedings for the annexation of unincorporated property to abutting :municipalities, allowing same to be initiated by Resolution of the annexing municipality; and, WHER.EA.3, the City of Oak Park Heights, a Minnesota z;:atutory city, has been requested to annex certain lands within Baytown Township by affected property owners; and, WHEREAS, the area proposed for annexation is legally described as follows: 1 *11 that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the • center line of Stillwater Boulevard North, also }mown as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 21 except the South 1,733.15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1,733.15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 114 of Section 5, Township. 29 North of Range 24 West. The North 1/ of the Northwest z/4 of Section 5, Township 29 North of Range 24 West, excepting therefrom thlat part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota, and, WHEREAS, the Minnesota Municipal Board has or will receive a Petition from affected property owners seeking the • annexation of the aforementioned lands to the City of Oak Park Heights; and, WHO, the area proposed for annexation abuts the City of Oak Park Heights on the City's westerly boundary thereof and none of it is presently a ;part of any incorporated city or in any area designated for orderly annexation; and, WHHREiS, the total acreage of the area proposed for annexation is 392 acres; and, WHEREAS, the City of Oak Park Heights believes that all this property is or is about to become urban or suburban in character; and, WHEREAS, the wishes of Independent School District No. • 8 ?4 as it affects lands of which they have an interest in is to secure municipal water and sewer services which are not available. ;_t: the area through Baytown Township; and, WHEREAS, the necessary governmental services can best be provided through annexation to the City of Oak Park Heights of the above described property; and, WHEREAS, the existing Township government is not ._dequate to protect the public health, safety and welfare or provide municipal ,services as are requested by the affected property owners; and, WHEREAS, the proposed annexation of these lands to the "-ty of Oak Park Heights would be in the best interests of the area under consideration. • r . NOW THEREFORE, BR IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: • I. That pursuant to Minnesota Statute Section 414.031, Subdivision 1 (A) and (C), the City of Oak Park Heights herewith requests the annexation of the following described real property now located within Baytown Township to be annexed to the City of Oak Park Heights. The property sought for annexation to the City of Oak Park Heights is legally described as follows, to -wit: All that part of Section S, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733.15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1,733.15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. 2. The City of Oak Park Heights herewith requests the .Minnesota Municipal Board to schedule a public hearing upon notice in the manner provided pursuant to Minnesota Statute 414.031, Subd. 2 for purposes of hearing of this request. 3. That the City Clerk for the City of Oak Park Heights • is herewith directed and authorized to execute a certified copy 1 I. of this Resolution with its attachments and exhibits and forward • same directly to the Township Clerk for Baytown Township. 4. That the City Clerk for the City of Oak Park Heights ia� herewith directed to file a certified copy of this Resolution -pith the Minnesota Municipal Board paying the appropriate filing .sae therefor as authorized in the manner provided for by Mi nnesota statute 414.031. Passed by the City Council of the City of Oak Park Heights this 10th day of September, 1990. Frank 0. Sommer f9 t, mayor Attest: LaVonne Wilson, Administrator /Treasurer • • • RESOLUTION 90 -9 -35 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE INCREASE OF SANITATION RATES TO BE PAID TO .i unAisK SANITATION FROM $14.75 PER HOUSEHOLD PER MONTH TO $17.10 PER HOUSEHOLD PER MONTH WHEREAS, Junker Sanitation Service, Inc. provides for refuse removal within the City of Oak Park Heights currently has a household rate of $14.75 per household; and, WHEREAS, Junker Sanitation has provided the City of Oak Park Heights a proposal requesting an increase in the household rate established for the City of Oak Park Heights due to increases that it has had for tipping fees at the NSP Washington County garbage facility at Newport; and, WHEREAS, the City Council has reviewed the report of • Junker Sanitation and has determined that the increase as recommended and requested are reasonable; and, WHEREAS, there is no public opposition presented at the time of public hearing in this matter to oppose the increase. NOW, �rYdnnr%.onm, BE IT RESOLVED by the City Council for the City of Oak Park Heights that sanitation rates shall be increased from $14.75 per household per month to the rate of $17.10 per household per month within the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 10th day of September , 1990. /4" Frank O. Sommerfeldt Mayor Attest: aVoh a Wilson Administrator /Treasurer • RESOLUTION 90 -9 -36 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING OF THE INSTALLATION OF A STOP SIGN TO CONTROL SOUTH BOUND TRAFFIC ON O•BRIEN AVrwuts .wn.Lr, AT THE OF 54TH ajL9L .l A .ur,,.jX WHEREAS, the Chief of Police for the City of Oak Park Heights has conducted a traffic study affecting traffic movement in and about the area and the intersection of O'Brien Avenue North at the corner of 54th Street North and recommends the installation of a stop sign to control the south bound traffic on O'Brien Avenue North at the corner of 54th Street North; and, WHEREAS, it appears to be in the best interest of the public safety and welfare that such stop sign be installed as requested and recommended by the Chief of Police for the City of Oak Park Heights. • NOW, L & & - r%jxLA, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the Public Works Department is herewith authorized and directed to install a stop sign controlling south bound traffic on O'Brien Avenue North at the corner of 54th Street North within the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 10th day of September , 1990. Frank O. Sommerfeldt, Mayor Attest: / L onne Wilson Administrator /Treasurer I I I i RESOLUTION 90 -9 -37 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TRAFFIC CONTROL SIGNAL AGREEMENT NO. 67568 WHEREAS, the City Council for the City of Oak Park Heights has long advocated improvement of traffic control devices along Highway 36 bordering the City of Oak Park Heights and the City of Stillwater; and, omL6r iSd -iS, the Minnesota Department of Transportation has agreed to install traffic control signal devices at Oak Green and Highway 36 and Osgood and Highway 36 to assist in traffic control and public safety; and, WHEREAS, the Minnesota Department of Transportation is • requesting that the City enter into an agreement between it and the City of Stillwater and the State of Minnesota as it affects the maintenance, control and repair of those traffic control devices. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the Minnesota Department of Transportation Traffic Control Signal Agreement No. 67568 is herewith approved for execution, and the Mayor and the Clerk are herewith authorized and directed to execute same. Passed by the City Council of the City of Oak Park Heights this 10th day of September , 1990. Prank O. Sommerfeldt�aayor Attest: L:� Administrator /Treasurer • RESOLUTION 90 -9 -38 CITY OF OAK PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION INCREASING RECYCLING CHARGES $.50 PER HOUSEHOLD WITH COSTS TO BE PAID FROM THE 1990 SANITATION WASTE AND REKOVAL FUND WHEREAS, the City Council for the City of Oak Park Heights have received a report from Junker Sanitation detailing the expenses incurred by the City's residents in recycling household wastes of paper, glass and metal and tin cans throughout the year; and, WHEREAS, the recycling contractor has identified the increases of expenses that have been incurred by the company for purposes of providing such recycling services; and, U u rsk -tS, the recycling contractor is requesting a $.50 per household increase; and, WHEREAS, the City Council for the City of Oak Park Heights determines said increase to be reasonable. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the recycling charges are herewith increased by $.50 per household with all costs to come from the 1990 Sanitation Waste and Removal Fund, which has been established for that purpose. Passed by the City Council of the City of Oak Park Heights this 24th day of Sep tember , 1990. Frank O. Sommerfeldt, Attest: s q� o l /�".��s�--� C� L V, Wilson Administrator /Treasurer • • RESOLUTION 90 -9 -39 CITY OF OAK PARK HEIGHTS WA.�O,Y-LA%XJLON %,..l�jrO i Z, MINNESOTA A RESOLUTION APPROVING THE CITY OF OAK PARK HEIGHTS EMPLOYEES JOINING THE uat Y i aim; STATES CONFERENCE OF MAYORS . -.AV r..... rd J COMPENSATION PROGRAM WHEREAS, the employees of the City of Oak Park Heights have recommended to City Council that they be allowed to join the United States Conference of Mayors Deferred Compensation Program establishing an opportunity for the employees at their own expense to establish a deferred compensation /pension type program for themselves from their monthly compensation; and, WHEREAS, said program does not create any expense for the City of Oak Park Heights other than nominal administrative expense and record keeping; and, • WHEREAS, the City Council determines that it is a reasonable benefit to be provided to the employees of the City of Oak Park Heights that they should be allowed to join into a form of deferred compensation program. NOW, aaY ^a• rv ns , BE IT RESOLVED by the City Council for the City of Oak Park Heights that the United States Conference of Mayors Deferred Compensation Program is herewith approved for use by the city employees for the City of Oak Park Heights, and the City does herewith sponsor said program, making same immediately available to all employees of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 24th day of September , 1990. Frank O. Sommerfeldt y Attest: �onne Wilson Administrator /Treasurer • • RESOLUTION 90 -9 -40 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AGREEING TO A STIPULATION WITH THE COMMISSIONER OF t r. a rte. uis WHEREAS, the City Auditors for the City of Oak Park Heights have advised the City that the 1990 tax levy as adopted inadvertently exceeded the levy limits established by the state of Minnesota; and, WHEREAS, the City Auditor has determined that the 1991 tax levy as proposed could be established at $1,199,544.00, being a .5% decrease over the prior year which would satisfy the requirements of the Commissioner of Revenue to compensate for the excess levy in calendar year 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the recommendations of the City Auditor is herewith adopted and that the stipulation is herewith entered into with the Commissioner of Revenue for the state of Minnesota reducing the payable 1991 tax levy to a level of $1,199,554.00, the same representing a .5% decrease over calendar year 1990. Passed by the City Council of the City of Oak Park Heights this 24th day of September , 1990. Frank O. Sommerfeldt Ma yor Attest: L �Vonne Wilson Administrator /Treasurer • RESOLUTION 90 -09 -41 CITY OF OAK PARK HEIGHTS WASHINGTON � -uujL� 1 jL , MINNESOTA A RESOLUTION APPROVING THE AGREEMENT FOR AUDITING/ ACCOUNTING SERVICES FOR 1990 /1991 WITH VOTO, TAUTGES, REDPATH & CO., LTD. WHEREAS, the City of Oak Park Heights has received a proposal by Voto, Tautges, Redpath & Co., Ltd. for auditing /accounting services for calendar years 1990 and 1991; and, Voto, Tautges, Redpath & Co., Ltd. is presently the City Auditors for the City of Oak Park Heights and has been in that position for several years; and, WHER EAS, Cou conditionss of the proposal foracc accounting/auditing s auditing servicesfor 1990 -91 with Voto, Tautges, Redpath & Co. is herewith approved. Passed by the City Council of the City of Oak Park Heights this 24th day of Sep tember , 1990. Frank O. Sommerfeldt, Mayor Attest: LaVonne Wilson, Administrator /Treasurer • RESOLUTION 90 -8 -26 CITY OF OAR PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE A PRELIMINARY REPORT FOR UTILITY AND STREET EXTENSIONS FOR VALLEY POINT II ADDITION AND A PORTION OF CLEVELAND TERRACE WHEREAS, the City has been petitioned to provide utility services to Valley Point II Addition and also to provide utility benefits that will impact a portion of the plat of Cleveland Terrace, all within the City of Oak Park Heights; and, WHEREAS, it appears reasonable that the City should consider the extension of public utilities to both Valley Point II Addition and the plats of Cleveland Terrace, in whole or in part. • NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the City Engineer is herewith authorized and directed to prepare a preliminary report affecting utility and street extensions for Valley Point II Addition and a portion thereof that benefits property owners in Cleveland Terrace. Passed by the City Council of the City of Oak Park Heights this 13th day of August , 1990. Frank 0. Sommerfeldt. Mayor Attest: �n Wi son Administrator /Treasurer i • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA HELD: AUGUST 6, 1990 Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Oak Park Heights, Minnesota, was duly called and held at the City Hall in said City on the 6th day of August, 1990, at 7:00 p.m. The following members were present: Frank Sommerfeldt, Mayor Barbara O'Neal, Councilperson Jack Doerr, Councilperson Richard Seggelke, Councilperson Dean Kern, Councilperson and the following were absent: none. Also present was La Vonne Wilson, the City Administrator /Treasurer. Member Seggelke introduced the following resolution and moved its adoption: RESOLUTION NO. 90 -08 -27 RESOLUTION RECEIVING P RE• — NARY REPORT AND CALLING PUBLIC HEARING ON VALLEY POINT 2ND ADDITION S OF 1990 WHEREAS, the City Council deems it necessary and expedient that the City of Oak Park Heights, Minnesota, construct certain improvements, to -wit: street, storm sewer, sanitary sewer, and water service improvements and appurtenances thereto, in the City as described in and in accordance with the preliminary plans and report prepared by Bonestroo, Rosene, Anderlik & Associates, consulting engineers; and WHEREAS, the City Council has been advised by the consulting engineers that said Valley Point 2nd Addition Improvements of 1990 are feasible and should best be made as proposed, and the consulting engineers' report to this effect has heretofore been received by the Council, and filed with the City • Administrator /Treasurer; and • WHEREAS, the statute provides that no c shall be made until the Council shall have held s a public o hearing on such improvements following mailed notice and two publications thereof in the official newspaper stating time and place of the hearing, the general nature of the improvement, the estimated costs thereof, an the area proposed to be assessed, in accordance with law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: 1. A public hearing will be held at the time and place set forth in the Notice of Public Hearing attached hereto as Exhibit " A" to consider said proposed improvements. 2. The nature of the improvements, the estimated cost of each major portion thereof, and the areas proposed to be assessed therefor are described in the form of Notice of Public Hearing hereto attached. 3. The notice of said public hearing shall be in substantially the form contained in the notice hereto attached. • 4. The City Administrator /Treasurer is hereby authorized and directed to cause notice of said hearing to be given two publications in the official newspaper. Said publications shall be one week apart, and at least three days shall elapse between the last publication and the hearing. Not less than ten days before the hearing the Administrator /Treasurer shall mail notice of the hearing to the owner of each parcel of land within the area proposed to be assessed as described in the notice. For the purpose of giving such mailed notice, owners shall be those shown to be such 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 the County Treasurer, the Administrator /Treasurer shall ascertain such ownership by any practicable means and give mailed notice to such owners. The motion for the adoption of the foregoing resolution was duly seconded by member O'Neal, and upon a vote being taken thereon, the following voted in favor thereof: Frank Sommerfeldt Barbara O'Neal Jack Doerr Richard Seggelke • Dean Kern and the following voted against the same: none. - 2 - • Whereupon said resolution was declared adopted, and signed by the Mayor and attested to Administrator /Treasurer. /s/ Frank Sommerfeldt Mayor ATTEST: /s/ La Vonne Wilson City Administrator /Treasurer • 3 - • STATE OF MINNESOTA COUNTY OF WASHINGTON I, the undersigned, being the duly qualified and acting Administrator /Treasurer of the City of Oak Park Heights, 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 held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the receiving of the preliminary report and calling for a public hearing on Valley Point 2nd Addition Improvements of 1990. WITNESS my hand as such Administrator /Treasurer and the official seal of the City this day of , 1990. L�nne Wilson Administrator /Treasurer . ( SEAT., ) i 4 BX�.IBIT "A" NOTICE OF PUBLIC HEARING ON PROPOSED J1 1, STORK SEWER, SANITARY SEWER, AND WATER SERVICE IMPROVEMENTS AND APPURTENANCES CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City Oak Park Heights, Washington County, Minnesota, will meet on Monday, August 27, 1990, at 7:00 p.m. C.D.T. at the Municipal Building, 14168 - 57th Street North within said City, for the purpose of holding a public hearing on the proposed street, storm sewer, sanitary sewer, and water service improvements and appurtenances thereto. The estimated cost of said improvements is $234,300.00. The area proposed to be assessed for said improvements is as follows: All lots and parcels in the South 427.7 feet of the SW1 /4 of the NW1 /4 of Section 4 and in the North 354.7 feet of the NW1 /4 of the SW1 /4 of Section 4 except that land platted as Swager Bros. 9th Addition; and all lots and parcels in the South 662.8 feet of the SE1 /4 of the NE1 /4 of Section 5, all lying in Township 29, Range 20, City of Oak Park Heights, Washington County, Minnesota. Included in the above is the plat of Cleveland Terrace, on file and of record in the office of the County Recorder in and for Washington County, Minnesota, and the proposed plat of Valley Point 2nd Addition. All lying and being within the City of Oak Park Heights, Washington County, Minnesota. Preliminary plans may be inspected in the office of the City Clerk- Administrator of the City of Oak Park Heights. All persons interested may appear and be heard at said time and place. Dated this 9th day of August, 1990. • BY ORDER OF THE CITY COUNCIL B /s/ La Vonne Wilson La Vonne Wilson City Clerk- Administrator • RESOLUTION 90 -8 -28 CITY OF OAK PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 58TH STREET AND OSGOOD Avr�nuh IMPROVE LENTS CONTRACT WHEREAS, the office of the City Engineer and City Attorney have presented to the Council for review and approval the 58th Street and Osgood Avenue Improvements Contract; and, WHEREAS, said Improvements Contract provides for improvements at the area of Osgood and 58th Street so as to construct an intersection so as to improve traffic flow and provide for a reasonable and orderly traffic pattern in the area of the St. Croix Mall and Osgood Avenue; and, WHEREAS, the submitted agreement and Improvements Contract provides for same in the manner specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the Mayor and the Clerk are herewith authorized and directed to execute on behalf of the City of Oak Park Heights the 58th Street and Osgood Avenue Improvements Contract. Passed by the City Council of the City of Oak Park Heights this 6th day of August 1990. f� jt"", vy\ Frank O. Sommerfeldt/ Mayor Attest: a onne Wilson Administrator /Treasurer i • RESOLUTION 90 -8 -29 CITY OF OAR PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE EXECUTION OF THE r, .&nits /OLSON AGREEMENT FOR THE 57TH /58TH PROJECT WHEREAS, the City of Oak Park Heights in conjunction with Washington County has cooperated to provide for an improvement to Osgood Avenue in the area of 57th and 58th Street; and, WHEREAS, construction of the St. Croix Mall requires additional accesses to be provided to the Mall at the area of 57th /58th Street; and, WHEREAS, property owners Brekke and Olson have agreed with the City to provide for said improvement and realignment of roads facilitating the movement of traffic in and about the area; . and, WHEREAS, an agreement has been prepared by the office of the City Attorney and is submitted for recommendation; and, WHEREAS, the City Council for the City of Oak Park Heights finds said agreement to be in conformance with the needs of the City to provide orderly traffic flow and reasonable development of lands in the area. NOW, j BE IT RESOLVED by the City Council for the City of Oak Park Heights that the Mayor and the Clerk are herewith authorized and directed to execute the Brekke /Olson agreement for the 57th /58th Street project. Passed by the City Council of the City of Oak Park Heights this 13th day of August , 1990. Frank 0. SommerfeldV Mayor Attest: LaVonne Wilson • Administrator /Treasurer • RESOLUTION 90 -8 -30 CITY OF OAK PARR HEIGHTS WASHINGTON r... ��� Y , MINNESOTA A RESOLUTION GRANTING Nur.L "s r.� STATES POWER COMPANY A CONDITIONAL USE PERMIT AND MINOR SUBDIVISION PERMITS CONTINGENT UPON COMPLIANCE WITH PLANNER'S RECOMMENDATION WHEREAS, Northern States Power Company has requested of the City of Oak Park Heights issuance of a Conditional Use Permit and Minor Subdivision to locate facilities within the City of Oak Park; and, WHEREAS, all public hearings have been duly conducted with regard to said request, receiving no adverse public comment thereon; and, WHEREAS, the City of Oak Park Heights has received its report on the proposed project from the City Planner in • correspondence dated August 23, 1990, which recommends nine conditions to be met as part of the issuance of the Conditional Use Permit and Minor Subdivision. NOW, L oo. e BE IT RESOLVED by the City Council for the City of Oak Park Heights as follows: 1. That Northern States Power Company is herewith granted a Conditional Use Permit to locate its facilities in the manner applied for within the City of Oak Park Heights and is further granted Minor Subdivision approval. That the approvals are contingent upon Northern States Power Company's compliance with the recommendations as set forth within the correspondence of the City Planner, which report is dated August 23, 1990. Passed by the City Council of the City of Oak Park Heights this 27th day of August , 1990. Frank O. Sommerfeldt /Mayor Attest: • �nne ) Wilson Administrator /Treasurer EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA HELD: AUGUST 27, 1990 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota, was duly called and held at the City Hall in said City on the 27th day of August, 1990, at 7:00 p.m. The following members were present: Frank Sommerfeldt, Mayor Barbara O'Neal, Councilperson Jack Doerr, Councilperson Richard Seggelke, Councilperson Dean Kern, Councilperson and the following were absent: none. Also present was La Vonne Wilson, the City • Administrator /Treasurer. The meeting was held pursuant to resolution adopted August 6, 1990, calling a public hearing on the proposed Valley Point 2nd Addition improvements in said City, as more particularly described in the Notice of Public Hearing ordered at said August 6, 1990, meeting, a copy of which is attached hereto. The City Administrator /Treasurer presented affidavits showing the due publication and mailing of the notices of hearing and the Mayor announced that the Council would hear all persons who cared to be heard for or against the improvements as outlined in the Notice of Public Hearing. All persons present were afforded an opportunity to present their views and objections to the making of said improvements, and no objections were presented. Member Seggelke introduced the following resolution and moved its adoption: RESOLUTION NO. 90 -08 -31 RESOLUTION ORDERING IMPROVEIUITS (AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS) • WHEREAS, after due Notice of Public Hearing on the construction of improvements for the City of Oak Park Heights, Minnesota, a hearing on said improvements was duly held and the IL Council heard all persons desiring to be heard on the matter and fully considered the same; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: 1. It is advisable, expedient and necessary that said improvements as described in the Notice of Public Hearing thereon be constructed, and the same are hereby ordered made. 2. The improvements described in said Notice of Public Hearing are hereby designated and shall be known as Valley Point 2nd Addition Improvements of 1990. 3. The consulting engineers, Bonestroo, Rosene, Anderlik & Associates, are hereby directed to prepare final plans and specifications for said improvements. 4. The City Council shall let the contract for all or part of the work for said improvements or order all or part of the work done by day labor or otherwise as authorized by Minnesota Statutes, Section 429.041, Subdivision 2, within one (1) year of the date of this resolution ordering said improvements. • The motion for the adoption of the foregoing resolution was duly seconded by member Kern, and upon a vote being taken thereon, the following voted in favor thereof: Frank Sommerfeldt Barbara O'Neal Jack Doerr Richard Seggelke Dean Kern and the following voted against the same: none. Whereupon said resolution was declared duly passed and adopted, and signed by the Mayor and attested to by the City Administrator /Treasurer. /s/ Frank Sommerfeldt Mayor ATTEST: 1s/ La Vonne Wilson City Administrator /Treasurer • 2 STATE OF MINNESOTA COUNTY OF WASHINGTON I, the undersigned, being the duly qualified and acting Administrator /Treasurer of the City of Oak Park Heights, 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 held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the ordering of the improvements for Valley Point 2nd Addition. WITNESS my hand as such Administrator /Treasurer a d the official seal of the City this �'/ -� day of 1990. �Lanne meson Administrator /Treasurer (SEAL) • • 3 - r RESOLUTION NO. 90 -08 -32 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING THE 1991 BUDGET wmLA&AutS, the City staff has prepared and submitted to the City Council the proposed budget for calendar year 1991; and *nraiwiS, 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, and 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 City staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, BE IT RESOLVED by the City Council of the City of Oak Park Heights, as follows: 1. That the 1991 budget is hereby approved as presented by the City Auditor in the total general fund amount of $1,518,735.00. 2. That the City Administrator /Treasurer is hereby duly authorized and directed to certify the same to the Washington County Auditor /Treasurer as required by law. 3. That the scheduled payments on the 1982 general obligation bonds in the amount of $16,000.00 are also hereby approved for collection in calendar year 1991. J ' 4. That the City Administrator /Treasurer be and hereby is authorized and directed to certify collection on the 1982 general obligation bonds in the amount of $16,000.00 to the Washington County Auditor /Treasurer's office for purposes of collection with the 1991 taxes on the affected properties. Adopted by the City Council of the City of Oak Park Heights this 27th day of August, 1990. CITY OF OAK PARK HEIGHTS B Frank O. Sommerf dt; Mayor Attest: eta 'Vonne Wilson City Administrator /Treasurer 2 L NOTICE OF PUBLIC HEARING ON PROPOSED Jat".L, STORK SEWER, SANITARY SEWER, AND WATER SERVICE IIC?ROVEISENTS AND APr usuj&tANCES 1 - z .L v CITY OF OAR PARR HEIGHTS, WASHINGTON COUNTY, XDMESOTA NOTICE IS HEREBY GIVEN that the City Council of the City Oak Park Heights, Washington County, Minnesota, will meet on Monday, August 27, 1990, at 7:00 p.m. C.D.T. at the Municipal Building, 14168 - 57th Street North within said City, for the purpose of holding a public hearing on the proposed street, storm sewer, sanitary sewer, and water service improvements and appurtenances thereto. The estimated cost of said improvements is $234,300.00. The area proposed to be assessed for said improvements is as follows: All lots and parcels in the South 427.7 feet of the SW1 /4 of the NW1 /4 of Section 4 and in the North 354.7 feet of the NW1 /4 of the SW1 /4 of Section 4 except that land platted as Swager Bros. 9th Addition; and all lots and parcels in the South 662.8 feet of the SE1 /4 of the NE1 /4 of Section 5, all lying in Township 29, Range 20, City of Oak Park Heights, Washington County, Minnesota. Included in the above is the plat of Cleveland Terrace, on file and of record in the office of the County Recorder in and for Washington County, Minnesota, and the proposed plat of Valley Point 2nd Addition. All lying and being within the City of Oak Park Heights, Washington County, Minnesota. Preliminary plans may be inspected in the office of the City Clerk- Administrator of the City of Oak Park Heights. All persons interested may appear and be heard at said time and place. Dated this 9th day of August, 1990. BY ORDER OF THE CITY COUNCIL • B /s/ La Vonne Wilson La Vonne Wilson City Clerk- Administrator RESOLUTION 90 -7 -22 CITY OF OAK PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING CONCEPT APPROVAL AND SUPPORTING THE PLANS OF THE INDEPENDENT SCHOOL DISTRICT 834 TO LOCATE A NEW SENIOR HIGH SCHOOL WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the City Council for the City of Oak Park Heights has received a report from the Independent School District 834 and from its representatives Mr. Kenneth Peterson and Mr. Daniel Parker anticipating the location of a new senior high school in Baytown Township and seeking annexation of the lands thereto to the City of Oak Park Heights; and, WHEREAS, it appears it is necessary to supply municipal water and sewer services to the new senior high school in order to allow it to be occupied and built in the manner provided; and, WHEREAS, it appears to be in the best interests of the School District of the City of Oak Park Heights and Baytown Township that the City of Oak Park Heights annex lands necessary for the location of the new senior high school. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the City herewith grants concept approval to the request for the annexation of lands to the City of Oak Park Heights from Baytown Township necessary to annex those lands into the City for the preparation and building of the new senior high school. BE IT run.Lnrn RESOLVED that the City legal staff and other City departments are herewith authorized and directed to cooperate to prepare the necessary reports and requests to proceed ahead with the annexation of the aforementioned lands. Passed by the City Council of the City of Oak Park Heights this 23rd day of July , -��� -t Frank O. Sommerfeld Mayor Attest: ll L'aVonne Wilson Administrator /Treasurer • EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA HELD JULY 23, 1990 A regular meeting of the City Council of the City of Oak Park Heights, Washington County, Minnesota, was duly held at the Oak Park Heights City Hall on Monday, July 23, 1990, at 7 :00 o'clock P.M. The following members were present: Frank Sommerfeldt Barbara O'Neal Dean Kern Jack Doerr Richard Seggelke Also present was La Vonne Wilson, the City . Administrator- Treasurer. Member Seggelke introduced the following resolution and moved its adoption: RESOLUTION NO. 90 -07 -23 RESOLUTION OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, APPROVING GAMBLING OPERATION AT ST. CROIX BOWL WHEREAS, the Fraternal Order of Eagles #94, located at 13523 60th Street North, Oak Park Heights, Minnesota, has applied for a Class B gambling license to the State of Minnesota Department of Gaming to lease space at the St. Croix Bowl, 5862 Omaha Avenue North, Oak Park Heights, Minnesota, and operate • Class B gambling at that location; and WHEREAS, the Fraternal Order of Eagles #94 has operated under a Class A license at its main location, and said • organization has observed the regulations and operated such uch gambling in a commendable manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Washington County, Minnesota, as follows: 1. That the application of the Fraternal Order of Eagles #94 to operate under a Class B gambling license at the St. Croix Bowl is hereby approved. 2. That said organization shall file a monthly report with the City of Oak Park Heights as to the income and disbursements of the gambling operation at the St. Croix Bowl. 3. That the 60 -day waiting period for such gambling • operation is hereby waived. BE IT FURTHER RESOLVED that a certified copy hereof be furnished to the State of Minesota Department of Gaming. The motion for the adoption of the foregoing resolution was duly seconded by Member Kern, and upon vote being taken thereon, all of the members present voted in favor thereof. Whereupon said resolution was declared duly passed and adopted, and signed by the Mayor and attested to by the City Ad ministrator - Treasurer. /s/ Frank So ATTEST: Mayo ;Z4 > • /s/ La Vonne Wilson City �dministrato i Treasurer 2 - STATE OF MINNESOTA COUNTY OF WASHINGTON I, the undersigned, being the duly qualified and acting Administrator- Treasurer of the City of Oak Park Heights, 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 held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the approval of the gambling application by the Fraternal Order of Eagles #94. WITNESS my hand as such Administrator- Treasurer and the official seal of the City this ZG day of , 1990. C a Vonne Wilson Administrator - Treasurer (SEAL) a 3 - L • RESOLUTION 90 -7 -24 CITY OF OAK PARK HEIGHTS WASHINGTON �u,o„tlt, MINNESOTA A RESOLUTION ACCEPTING THE LOW BID FROM TOWER ASPHALT COMPANY ON THE 58TH Alntj 1 AND OSGOOD IMPROVEMENTS WHEREAS, bids having been duly advertised for as it affects the 58th Street and Osgood Avenue Improvement Project produced a number of returns from various contractors seeking said bid; and, r Administrator/Clerk h and City havef duly o tabulated y the g bids r submitted as it affects the above established project; and, WHEREAS, Tower Asphalt Company appears to be the lowest responsible bidder submitting a bid for $109,875. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the low bid of Tower Asphalt Company for the 58th Street and Osgood Avenue Improvement Project at a cost of $109,895 be and the same is herewith approved and accepted. That the City Clerk is herewith authorized to advise Tower Asphalt that its bid has been accepted and to retain the two bid bonds on the next lowest two bids until such time as a contract for on the project is signed by Tower and the City of Oak Park Heights in the manner specified within the engineering plans and specifications on said project. Passed by the City Council of the City of Oak Park Heights this 23rd day of Jules, 1990. P rank O. Sommerfeldt,Aayor Attest: �� -' L Vonne Wilson Administrator /Treasurer • RESOLUTION 90 -7 -25 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING MINOR SUBDIVISION APPROVAL TO JOHN HAASE CONTINGENT UPON THE PLANNER'S RECOMMENDATION WHEREAS, Mr. John Haase has petitioned the City of Oak Park Heights to allow minor subdivision of his lands located within the City of Oak Park Heights; and, thereon with n�o�ad p ubli c heari ersepubliccomment being d uly ngreceived and, WHEREAS, the City Planner has set forth his recommendations generally recommending the subdivision based on several conditions which recommendation is set forth within his letter of July 5, 1990. NOW, -Lx n ruxLn, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the subdivision request submitted by Mr. John Haase is herewith granted contingent upon full compliance with the terms and stipulations outlined in Item No. 2 of the City Planner's letter dated July 5, 1990. Passed by the City Council of the City of Oak Park Heights this 23rd day of Jules, 1990. P, Frank O. Sommerfeldt, yor Attest: LaVonne Wilson Administrator /Treasurer RESOLUTION 90 -6 - 21 CITY OF OAR PARK HEIG SOTA WASHINGTON COUNTY, A RESOLUTION APPROVING BUDGET TRANSFER INCREASE ENGINEERING FUND FRON $3,0 W $�.375 0 0 $A DECREASE CONTINGENCY FUND WHEREAS, the City Council for the City Of Oak Park Heights has received a report and recommendation from the office of the City Auditor; and, WHEREAS, said recommendations of the City Auditor recommend budget transfer to increase the Engineering Fund from $3,000 to $10,000 and to decrease the Contingency Fund from $36,375 to $29,375; and, WHEREAS, the office of the City Clerk /Administrato concurs in the recommendation. NOW, BE IT RESOLVED by the City Council for • the City of Oak Park Heights that the City Clerk /Administrato and Auditor are herewith authorized to implement ad to $10,000 transfer increase in the Engineering Fund from $3, 000 and to decrease the Contingency Fund from $36,375 to $29,375. Passed by the City Council of the City Of Oak Park Heights this 11th day of June , 19 Frank O. Sommerfeldt Mayor Attest: L,,- Wilson Administrator /Treasur • RESOLUTION 90 -5 -17 CITY OF OAK PARK HEIGHTS WASHINGTON U1O1Y, MINNESOTA A RESOLUTION AMENDING ASSESSMENT ROLL AS IT AFFECTS THE RAPID OIL PROJECT WHEREAS, the office of the City Engineer has recommended to the City of Oak Park Heights that the assessment roll as adopted on the Rapid oil Project be amended; and, WHEREAS, the recommendation from the City Engineer provides for the collection of the assessment as follows: 1991 $13,354.04 1992 $12,449.58 1993 $11,545.12 all to be collected within an interest rate assessed thereon at the rate of 8.5% per annum; and, WHEREAS, there are no objections parties to amend said assessment roll. from the affected NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the Engineers recommendations establishing an amended assessment roll on the Rapid oil Project be and the same are herewith approved. That the following collections on the assessment shall be made: 1991 $13,354.04 1992 $12,449.58 1993 $11,545.12 The above figures represent the principle amount due and payable in each year, and that the same shall also accrue interest at the rate of 8.5% per annum from the date of the original assessment adoption. Passed by the City Council of the City of Oak Park Heights this 14th day of May_ 1990. Frank O. So mmerfeldt Mayor Attest: v LaVonne Wilson Administrator /Treasurer • RESOLUTION NO. #90- 05 -17A CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION VACATING A PORTION OF 59TH STREET NORTH and VACATING A PORTION OF THE ALLEY IN BLOCK 9 OF THE PLAT OF OAK PARK WHEREAS, the City Council of the City of Oak Park Heights has received a Petition to consider the vacation of a part of a public street dedicated as 59th Street North (formerly Kennett Street), and also a portion of the alley in Block 9 of the plat of Oak Park, the same being legally described as follows, to -wit: The South One -half (S1 /2) of Upper 59th Street (formerly Kennett Street) lying between the east line of Beach Road North (formerly South Avenue) and west of the west • line of Peller Avenue North (formerly Third Street); Reserving, however, to the City of Oak Park Heights and its grantees and permittees an easement for utilities over, under and across the North Ten (10) feet of the South Twenty (20) feet of said Upper 59th Street formerly Kennett Street) as hereinbefore described with the right to enter upon and repair utilities now installed and that may be installed in the future, all according to the plat of Oak Park on file in the Office of the County Recorder in and for Washington County, Minnesota. AND All that part of the alley in Block 9 lying and being North of the South line of Lot 5 and Lot 12 in said Block 9, according to the plat of Oak Park, on file in the office of the County Recorder in and for Washington County, Minnesota. and WHEREAS, all owners of abutting property to said street and alley as proposed to vacation have been notified of this • proceeding; and • WHEREAS, the portion of 59th Street North and the alle in Block 9 of the plat of Oak Park proposed for vacation has y never been developed for use as a public street and it is improbable that there will ever be any public need for that part of said street, and that moreover by the vacating of same, the property will be returned to the tax rolls and will enhance the taxable value of all abutting lands thereon affected thereby; and WHEREAS, for the foregoing reasons it appears to be in the public interest to vacate that portion of 59th Street North (formerly Kennett Street) and that portion of the alley in Block 9 of the plat of Oak Park as described above; and WHEREAS, the City has a need for an easement for utilities as now installed and that more utilities be installed in the future; and WHEREAS, it is necessary to reserve an easement for the above purposes over the North 10 feet of the South 20 feet of said 59th Street North. NOW, THEREFORE, BE IT RESOLVED that all that part of 59th Street North (formerly Kennett Street), together with that portion of the alley in Block 9 of the plat of Oak Park, being • specifically described as follows, to -wit: The south one -half (S1 /2) of Upper 59th Street (formerly Kennett Street) lying between the east line of Beach Road North (formerly South Avenue) and west of the west line of Peller Avenue North (formerly Third Street); Reserving, however, to the City of Oak Park Heights and its grantees and permittees an easement for utilities over, under and across the North Ten (10) feet of the South Twenty (20) feet of said Upper 59th Street formerly Kennett Street) as hereinbefore described with the right to enter upon and repair utilities now installed and that may be installed in the future, all according to the plat of Oak Park on file in the office of the County Recorder in and for Washington County, Minnesota. AND All that part of the alley in Block 9 lying and being North of the South line of Lot 5 and Lot 12 in said Block 9, according to the plat of Oak Park, on file in the office of the County Recorder in and for Washington County, Minnesota. • be and the same is hereby vacated. - 2 - • BE IT FURTHER RESOLVED, that the City Cler k Prepare a Notice of Completion of these proceedings which l shall contain the name of the City, the identification of the vacation, a 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 the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record ". The Notice shall then be filed with the County Recorder, all as required by Minnesota Statutes §412.851. Adopted by the City Council of the City of Oak Park Heights this 14th day of May, 1990. CITY OF OAK PARK HEIGHTS �7 By Frank 0. Sommerfel , Mayor Attest: • La �Vonn�eWi`lson��� City Clerk /Administrator • 3 - • NOTICE OF COMPLETION OF VACATION PROCEEDINGS PLEASE TAKE NOTICE that the City Council of the City of Oak Park Heights completed proceedings for the vacation of the following described street and alley within the City of Oak Park Heights, Washington County, Minnesota, to -wit: The South One -half (S1 /2) of Upper 59th Street (formerly Kennett Street) lying between the east line of Beach Road North (formerly South Avenue) and west of the west line of Peller Avenue North (formerly Third Street); Reserving, however, to the City of Oak Park Heights and its grantees and permittees an easement for utilities over, under and across the North Ten (10) feet of the South Twenty (20) feet of said Upper 59th Street formerly Kennett Street) as hereinbefore described with the right to enter, repair and install utilities now installed and that may be installed in the future, all according to the plat of Oak Park on file in the Office of the County Recorder in and for Washington County, Minnesota. • AND All that part of the alley in Block 9 lying and being North of the South line of Lot 5 and Lot 12 in said Block 9, according to the plat of Oak Park, on file in the office of the County Recorder in and for Washington County, Minnesota. Said proceeding was completed on the 14th day of May, 1990. The only lands affected thereby are the lands abutting the above - described street and alley. Dated at the City of Oak Park Heights this of 1990. / day CITY OF OAK PARK HEIGHTS By 'w Aa V nne Wilson (f City Clerk /Administrator • • RESOLUTION 90 -05 -18 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOMMENDING THE CENTRAL CORRIDOR BRIDGE AL'T'ERNATIVE AS THE PREFERRED LOCATION FOR THE NEW ST. CROIX RIVER BRIDGE WHEREAS, the City Council for the City of Oak Park Heights has received the Planner's review dated May 24, 1990, recognizing the regional and local need to improve the traffic, access and mobility through the St. Croix Valley; and, WHEREAS, the City of Oak Park Heights has studied the various options that have been presented to improving existing traffic patterns, as well as the "no build" options that are also presented within said report; and, WHEREAS, the City of Oak Park Heights has received the input from its citizens and staff affecting the various options that are available to the community affecting the rebuilding of • Trunk Highway 36/212 and the location of a new bridge across the St. Croix River. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Washington County, Minnesota that the City of Oak Park Heights herewith goes on record as recommending the Central Corridor bridge alternative as the preferred location for a new St. Croix River bridge. This alternative will maintain the necessary traffic and land use patterns in sustaining successful business along Trunk Highway 36 while minimizing the acquisition and relocation impacts of residents within the City. BE IT FURTHER RESOLVED that the City Council finds that the various environmental, social, economic, visual and physical impacts of the Central Corridor are the least adverse in comparison to all other options being considered at the present time. BE IT FURTHER RESOLVED that the City of Oak Park Heights herewith continues to request MN DOT and WI DOT to continue to explore all possible access locations to Trunk Highway 36 in its conversion to a limited access highway. Of critical importance is the access to Osgood Avenue within the City of Oak Park Heights. The City would expect that the final Environment Impact • Statement will provide an alternative design for public comment, establishing a highway access at Osgood Avenue in addition to those preliminary access locations already provided for within the draft Environmental Impact Statement. i. • • BE IT FURTHER RESOLVED that the City herewith goes on record as opposing both the North Corridor option and the South Corridor option otherwise being considered by the Minnesota Department of Transportation and the Wisconsin Department of Transportation. The Council finds that the North Corridor option of the Stillwater - Houlton draft EIS will severely impact the City's existing commercial businesses and the City's capacity to attract new development and growth. This option also ignores the significant expenditures to maintain and foster a success of business along Trunk Highway 36 and the commercial district that the City has undertaken in recent years. The North Corridor option, if implemented, would make these measures useless as it would take away the basic life line of these businesses and have a severe impact on the City's economy. BE IT FURTHER RESOLVED that the City finds that the South Corridor options present great adverse impacts. First, there would be an adverse affect upon the City's primary residential neighborhoods, requiring relocations of approximately 50 homes and imposing severe social and financial hardship upon relocated residents and those remaining within the disrupted neighborhoods. Secondly, there would be an adverse fiscal impact upon the City's tax base as well. While the impact upon the balance of the community would not be as significant as other options, the impact upon the eastern section of the City of Oak • Park Heights outweighs all other potential benefits making this corridor unacceptable. Passed by the City Council of the City of Oak Park Heights this 29th day of May, 1990. Frank 0. Sommerfelc�, Mayor Attest: � ._.. f onne `�LaV Wilson, Administrator /Treasurer • • RESOLUTION 90 -05 -19 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION EVIDENCING THE CITY'S INTENT TO CONTINUE TO WORK WITH AND SUPPORT SAEDC AS THE STAR CITY COMMISSION WHEREAS, the City of Oak Park Heights is participating in and working with the Stillwater Area Economic Development Corporation to provide Star City status for the cities of Stillwater, Bayport and Oak Park Heights as it relates to matters of industrial and commercial planning and land use; and, WHEREAS, the City of Oak Park Heights and its professional consultants and planners recommend continuation of the city's relationship with that organization as the Star City Commission on matters relating to planning and land use; and, WHEREAS, the City Council for the City of Oak Park Heights deems it to be in the best interest of the city to continue that relationship. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Washington County, Minnesota that until further resolution or order of the City Council to the contrary, the City of Oak Park Heights shall continue to work with and support the Stillwater Area Economic Development Corporation as the Star City Commission and work with same on matters relating to industrial and commercial planning and land use within the City of Oak Park Heights, the City of Stillwater, the City of Bayport and surrounding communities. Passed by the City Council of the City of Oak Park Heights this 29th day of May, 1990. Frank 0. Sommerfel , Mayor Attest: a onne Wilson, Administrator /Treasurer • T9 1 i t -/ • RESOLUTION 90 -05 -20 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OAR PARR HEIGHTS AND THE ST. CROIX LAND CO., INC. WHEREAS, there has been presented to the City of Oak Park Heights a Development Agreement to be executed between the City of Oak Park Heights and the St. Croix Land Co., Inc.; and, WHEREAS, the City has received the input of City staff as it affects that Development Agreement; and, WHEREAS, the St. Croix Land Co., Inc. owes the City of Oak Park Heights fees for park dedication and sewer and water hookup and approval. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that contingent approval is herewith • granted the Development Agreement to be executed by the City of Oak Park Heights and the St. Croix Land Co., Inc. That the approval is contingent upon the payment of all necessary fees inclusive of application, park dedication fees, sewer and water hookup fees and approval by the Public Works Department. That upon certification by the City Administrator/ Treasurer that all fees required under the ordinances and resolutions of the City of Oak Park Heights have been paid by St. Croix Land Co., Inc., the Mayor and the Clerk are herewith then authorized to execute on behalf of the City of Oak Park Heights the Development Agreement. Passed by the City Council of the City of Oak Park Heights this 29th day of May, 1990. ran 0. Sommerfeldt Mayor Attest: A�ao nn lj eWilson, Administrator /Treasurer • I RESOLUTION NO. 90 -04 -16 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPOINTING DIRECTOR OF PUBLIC WORKS AND SUPERVISOR OF PUBLIC PARKS FOR THE CITY OF OAK PARK HEIGHTS WHEREAS, Roger Benson has been for many years in charge of the Department of Public Works for the City of Oak Park Heights, Minnesota; and WHEREAS, Jeff Kellogg has been and now is performing the duties of Supervisor of Public Parks under the supervision of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, as follows: 1. That Roger Benson is hereby appointed Director of Public Works for the City of Oak Park Heights. 2. That Jeff Kellogg is hereby appointed Supervisor of Public Parks for the City of Oak Park Heights, under the supervision of the Director of Public Works. 3. That the above job descriptions shall become effective upon passage of this Resolution. Adopted by the City Council of the City of Oak Park Heights this 9th day of April 1990. CITY OF OAK PARK HEIGHTS By - -._e.� rank 0. Sommerfe M y �'�` Attest: LaVonne i son Administrator /Treasurer • RESOLUTION 90 -3 -12 CITY OF OAR PARR HEIGHTS WASHINGTON ..., ��� 1 , MINNESOTA A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR THE METROPOLITAN WASTE CONTROL PROJECT WHEREAS, the City of Oak Park Heights has received an application for Conditional Use Permit from the Metropolitan Waste Control Commission affecting the project and the development of their property with the City of Oak Park Heights; and, WHEREAS, public meetings have been duly held in the manner required by law in said project. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the Conditional Use Permit applied for by the Metropolitan Waste Control Commission be and the same is herewith granted. Passed by the City Council of the City of Oak Park Heights this 12th day of March , 1990. Frank O. Sommerfeldt, NI?"Yor Attest: a onne Wil Administrator /Treasurer • • RESOLUTION 90 -3 -13 CITY OF OAR PARK HEIGHTS WASHINGTON -uvit1Y, MINNESOTA A RESOLUTION APPROVING THE VARIANCE REQUEST FROM THE METROPOLITAN WASTE COMNIISSION CONTINGENT UPON THE PLANNER'S RECOMMENDATIONS CONTAINED WITHIN ITS CORRESPONDENCE OF MARCH 7, 1990 WHEREAS, the City of Oak Park Heights has received a request for variance from the Metropolitan Waste Control Commission affecting its facilities within the City of Oak Park Heights; and, WHEREAS, the City has received much public comment from the residents of Sunnyside on the St. Croix Development affecting said request; and, WHEREAS, said request has been studied by the office of the City Planner, and he has filed his report with the City Council for the City of Oak Park Heights making recommendations thereon, which report is dated, of file and is of record as of March 7, 1990; and, WHEREAS, the City Council for the City of Oak Park Heights has duly conducted public meetings and hearings on the request in the manner required by law. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the variance request submitted by the Metropolitan Waste Control Commission is herewith approved contingent upon full compliance with the recommendations of the City Planner contained within its letter of March 7, 1990 and also being met and approved by the residents of the Sunnyside on the St. Croix Condominiums before the Building Permit is to be issued. Passed by the City Council of the City of Oak Park Heights this 12th day of March , 1990. Frank 0. Sommerfeld Mayor Attest: aVonne Wilson Administrator /Treasurer RESOLUTION 90 -3 -14 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE ASSESSMENT ROLL INCLUDING INTEREST AS IT AFFECTS THE 59TH AND OSGOOD AVENUE IMPROVEMENTS PROJECT WHEREAS, pursuant to notice duly given as required by law, the City Council has met, heard and passed upon any and all objections to the proposed assessment for the 59th and Osgood Avenue Improvements Project of 1990 and has received from the Engineer the proposed assessment as it deems just; and, WHEREAS, the City Council has determined that the assessments proposed, as prepared by the office of the City Engineer, are just and equitable. NOW, THEREFORE, BE IT RESOLVED by the City Council for • the City of Oak Park Heights as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against lands named therein and each tract of land therein is hereby found to be benefited by the proposed improvement. 2. Such assessments shall be as follows: A. The assessment shall be payable in equal installments including principle and interest extending over a period of three years with interest to be paid at the rate of 8.5% per annum in the amount annually required to pay the principle over such a period at such rate, the first of said installments to be payable and collectable with the general taxes for the year 1991 and collectable with such taxes during the year 1991. B. The owner of the property so assessed may at any time prior to the certification of the assessment to the County Auditor pay to the City Treasurer and, thereafter, at any time prior to November 15 of any year to the County Auditor the whole of the principle amount of the assessment on such property provided that no such prepayment shall be accepted without payment of all installments due to and including December 31 of • the year of prepayment, and the original principle amount reduced only by the amounts of principle included in such installments computed on an annual amortization basis. • 3. The City Clerk shall forthwith transmit a certified duplicate copy of the assessment roll through the County Auditor to be extended on the tax list of the County. Passed by the City Council of the City of Oak Park Heights this 26th day of March 1990. Frank O. SommerfeldY Mayor Attest: La onne Wi on Administrator /Treasurer • • RESOLUTION NO. 90 -03 -15 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING SEWER AND WATER RATE INCREASES EFFECTIVE APRIL 1, 1990 WHEREAS, Chapter 1001 of the Code of Ordinances of the City of Oak Park Heights regulates the use of municipal water and certain charges related thereto; and WHEREAS, Chapter 1007 of the Code of Ordinances of the City of Oak Park Heights regulates the use of permissible fees and charges relating to the municipal sewer system owned by the City of Oak Park Heights; and WHEREAS, the City Council of the City of Oak Park Heights has received the recommendation from the City Engineer and City Administrator with regard to the establishment of sewer and water rates for 1990; and WHEREAS, in reviewing the projected expenses and other increases that the City will experience with regard to the . maintenance of the water and sewer system, the City Council has determined that it is in the best interest of the City of Oak Park Heights to increase water and sewer rates effective April 1, 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, as follows: 1. Effective April 1, 1990, sewer rates within the City of Oak Park Heights shall be at the rate of $23.00 per quarter for usage of up to 15,000 gallons, and thereafter a surcharge of $1.53 per thousand gallons for utilization of water over the 15,000 gallon limit. 2. That effective April 1, 1990, as and for water rates within the City of Oak Park Heights there shall be a minimum charge of $14.00 per quarter up to 15,000 gallons of water utilized by any individual or entity, and thereafter a surcharge of $.90 per thousand gallons for usage over the 15,000 gallon limit. 3. That all other charges related to water and sewer connection shall remain in effect for 1990 as they were in 1989. • Adopted by the City Council of the City of Oak Park Heights this 26th day of March , 1990. CITY OF OAK PARK HEIGHTS Frank 0. Sommerfiidt, Mayor Attest: Z4, La Vonne Wilson City Clerk /Administrator • • • RESOLUTION 90 -2 -5 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DESIGNATING THE COURIER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF OAK PARK HEIGHTS WHEREAS, state law requires all municipalities to designate an official newspaper to receive all official publications and notices to be published as required by law within the municipality; and, WHEREAS, the City Council for the City of Oak Park Heights has reviewed the applications by various newspapers to provide said service; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that The Courier provides the most reasonable service to provide said service to the citizens of the • City of Oak Park Heights at an economical cost and also to assure reasonable notice being received by the residents. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that "The Courier" is designated to be the official newspaper for the City of Oak Park Heights to receive all publications within calendar year 1990. Passed by the City Council of the City of Oak Park Heights this 26th day of February , 1990. A00i- Frank O. Sommerfeldt Mayor Attest: � J nn Wil on� Administrator /Treasurer L RESOLUTION 90 -2 -6 CITY OF OAR PARK HEIGHTS WASHINGTON �.u i Y , MINNESOTA A RESOLUTION ADOPTING A CONCEPT PLAN AND POLICY FOR THE CONSTRUCTION OF MUNICIPAL IIKPROVE14ENTS ALONG HIGHWAY 36 WHEREAS, the City Council for the City of Oak Park Heights has received a report and direction from the City Engineer, Auditor and Planner as it affects providing utility services along newly annexed territories along Highway 36 within the City of Oak Park Heights; and, WHEREAS, said plan as proposed appears reasonable to provide utility services to the properties in that area. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that in concept, the Engineer /Auditor's plan and policy to provide utility services • along Highway 36 to newly annexed areas and, further, providing for the construction of a second water tower, second well, additional water main and additional sanitary sewer and lift stations is herewith conditionally approved. Passed by the City Council of the City of Oak Park Heights this 12th day of February , 1990. Prank 0. Sommerfeldt, Attest LaVonne Wilson Administrator /Treasurer • _. J . RESOLUTION NO. 90 -02 -07 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION DIRECTING CLOSING OF CENTER MEDIAN AT MINNESOTA HIGHWAY 36 AND OMAHA AVENUE WHEREAS, Minnesota Trunk Highway 36 which serves the City of Oak Park Heights has experienced a considerable increase in traffic in the last few years; and WHEREAS, the accident rate of motor vehicles has also increased considerably as a result of increased traffic; and WHEREAS, in the last several years many deaths have occurred on said highway as it borders and disects the City; and WHEREAS, there are several dangerous intersections and turn -offs, and it appears they contribute greatly to the confusion of drivers. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, as follows: That the turn -off in the center median of Minnesota Trunk Highway 36 located between the east and west traffic lanes of said highway which is located opposite Omaha Avenue be closed. BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Minnesota Department of Transportation, State Senator Gary Laidig, State Representative Harriet McPherson, the County of Washington, the City of Stillwater, and any other interested persons. Adopted by the City Council of the City of Oak Park Heights this 26th day of February, 1990. CITY OF OAK PARK HEIGHTS B 'Frank 0. Sommerf Ydt, Mayor Attest: �La Vonne Wilson City Clerk /Administrator i r 1%. . RESOLUTION NO. 90 -02 -08 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION LOWERING SPEED LIMIT FROM MINNESOTA HIGHWAY 5 THROUGH THE CITY OF OAK PARK HEIGHTS WHEREAS, Minnesota Trunk Highway 36, which borders and disects the City of Oak Park Heights, Washington County, Minnesota, has experienced a considerable increase in traffic in the last few years; and WHEREAS, the vehicular traffic generally appears to exceed the speed limit; and WHEREAS, as a result of the increase in speed and traffic volume, the accident rate in the area from Minnesota Trunk Highway 5 east on Highway 36 has increased and has resulted in a considerable number of fatal accidents as well as many non- fatal accidents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, as follows: 1. That a lower speed limit of 40 miles per hour be established on Minnesota Trunk Highway 36 east from Minnesota Trunk Highway 5. 2. That a study by conducted by the Minnesota Department of Transportation to determine the necessity of adjusting the arterial traffic lights as they exist on Minnesota Trunk Highway 36 east of Minnesota Trunk Highway 5 so that the traffic be slowed. 3. That stricter enforcement of the speed limit be conducted by the Minnesota Highway Patrol and the local police departments. 4. That a copy of this Resolution be sent to the Minnesota Department of Transportation, State Senator Gary Laidig, State Representative Harriet McPherson, the County of Washington, the City of Stillwater, and any other interested persons. Adopted by the City Council of the City of Oak Park • Heights this 26th day of February, 1990. IL • CITY OF ONK PARK HEIGHTS By ?�vv1c' 1d Frank 0. Sommerf dt, Mayor Attest: La Vonne Wilson City Clerk /Administrator • 2 - • RESOLUTION 90 -2 -9 CITY OF OAK PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING AND DIRECTING PAYMENT OF $23,553.37 TO GREAT LAKES BUILDING SYSTEMS, INC. WHEREAS, the City has previously entered into a contract with Great Lakes Building Systems, Inc. to provide for improvements on the 59th Street and Osgood Avenue Improvement Project within the City of Oak Park Heights; and, WHEREAS, the contractor has submitted a bill for payment in the amount of $23,553.37; and, WHEREAS, the City Engineer has approved the payment of this bill certifying compliance by the contractor to the contract between the contractor and the City of Oak Park Heights. • NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the City Clerk be and the same is hereby authorized and directed to make payment in the amount of $23,553.37 to Great Lakes Building Systems, Inc. relating to the 59th Street and Osgood Avenue Improvement Project. Passed by the City Council of the City of Oak Park Heights this 26th day of February , 1990. Frank O. Sommerfeld , Mayor Attest: r C J. �a onne Wilson Administrator /Treasurer • i RESOLUTION NO. 90 -02 -10 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING HIRING OF FULL -TIME CLERK - TYPIST WHEREAS, the City Council of the City of Oak Park Heights has determined that it is necessary to employ a full -time clerk - typist due to the greater work load in the City Admini- strator's office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, as follows: 1. That the City of Oak Park Heights proceed to hire Julie Dietzmann as a qualified full -time person to be employed as a clerk - typist in the City offices. • 2. That such employee shall be entitled to all full - time benefits furnished by the City to its employees. 3. That the salary for such employee shall be deter- mined to be $7.25 per hour with a further salary increase at 3 month review if deemed advisable. 4. That such employee shall be required to serve a probationary period of 3 months, after which time said employee shall be condisered permanent. Adopted by the City Council of the City of Oak Park Heights this 26th day of February, 1990 CITY OF OAK PARK HEIGHTS By��j&( Frank 0. Sommerfeld[:, Mayor Attest: • v La Vonne Wi son Administrator /Treasurer 1 • RESOLUTION 90 -2 -11 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RETAINING AAutx�t..Ln KAISER AS THE CITY ARBORIST FOR THE 1990 SEASON WHEREAS, Kenneth Kaiser has served as the City Arborist in past years and has provided valuable service to the City in that capacity; and, WHEREAS, Kenneth Kaiser has submitted his letter to the City of Oak Park Heights dated February 16, 1990, indicating a willingness to perform same or similar services for 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that Kenneth Kaiser shall be retained as the City Arborist for the 1990 season pursuant to the terms outlined within his letter of February 16, 1990. • Passed by the City Council of the City of Oak Park Heights this 26th day of February , 1990. ,,7,J Frank O.'Sommerfeldt ayor Attest: a on Administrator /Treasurer • • RESOLUTION 90 -1 -1 CITY OF OAK PARK HEIGHTS WASHINGTON �.'N �,1Y 1 , MINNESOTA A RESOLUTION DESIGNATING THE COURIER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF OAK PARK HEIGHTS WHEREAS, state law requires all municipalities to designate an official newspaper to receive all official publications and notices to be published as required by law within the municipality; and, WHEREAS, the City Council for the City of Oak Park Heights has reviewed the applications by various newspapers to provide said service; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that The Courier provides the most reasonable service to provide said service to the citizens of the City of Oak Park Heights at an economical cost and also to assure reasonable notice being received by the residents. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that "The Courier" is designated to be the official newspaper for the City of Oak Park Heights to receive all publications within calendar year 1990. Passed by the City Council of the City of Oak Park Heights this 8th day of January , 1990. Frank O. Sommerfeldt Mayor Attest: IaVonne Wilson Administrator /Treasurer • • RESOLUTION 90 -1 -2 CITY OF OAK PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO THE METROPOLITAN SYSTEM POLICY PLANS WHEREAS, the City of Oak Park Heights has received from the Metropolitan Government a series of Metropolitan System Policy Plans, all of which have been reviewed by the City Planner; and, WHEREAS, the Policy Plans so proposed fit within the general framework of the comprehensive plans that have already been adopted by the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the Metropolitan System Policy Plans be and the same are herewith approved. • Passed by the City Council of the City of Oak Park Heights this 8th day of January 1990. rank O. Sommerfeld#/, Mayor Attest: a �bnne �WilZ Administrator /Treasurer i • • RESOLUTION 90 -1 -3 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A 4$ SALARY INCREASE FOR NON -UNION EMPLOYEES FOR CALENDAR YEAR 1990 WHEREAS, the Personnel Committee for the City of Oak Park Heights has reviewed a request of non -union employees for salaries in 1990; and, WHEREAS, the Committee has recommended the City Council for the City of Oak Park Heights that a 4% salary increase for non -union employees be implemented for calendar year 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that within calendar year 1990 the non -union employees of the City of Oak Park Heights shall be granted a 4% salary increase. • Passed by the City Council of the City of Oak Park Heights this 8th day of January, 1990. Frank O. Sommerfeldt,/kayor Attest: a onne Wi son Administrator /Treasurer • • RESOLUTION NO. #90 -1 -04 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA WHEREAS, the City Council of the City of Oak Park Heights has been duly advised by the Chief of Police, other administrative staff and personnel with regard to the hiring of a full -time police officer for the City of Oak Park Heights; and, WHEREAS, the City Council of the City of Oak Park Heights has duly considered all of the reports, recommendations of staff and other relevant data regarding such hiring, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of _Oak Park Heights - as follows: 1. That Kenneth Ray Anderson is hereby hired as a full -time police officer for the City of Oak Park Heights. • 2. That a certified copy of this Resolution shall be forwarded by the City Clerk to the Public Employees Retirement Association verifying that the position to be held by Mr. Anderson is that of a police officer thereby enabling payment into the special fund as opposed to the coordinated fund. 1990. PASSED BY THE CITY COUNCIL THIS 22nd DAY OF January, By Z Frank rfeldt Mayor ATTEST: La ionne Wilson, City Administrator