Loading...
HomeMy WebLinkAbout1987 Resolutions 1 EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA HELD DECEMBER 28, 1987 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, December 28, 1987, at 7:00 O'clock P.M. The following members were present: Frank Sommerfeldt Jack Doerr Richard Seggelke Barry Torgerson and the following were absent: Barbara O'Neal. • Also present was La Vonne Wilson, the City Administrator - Treasurer. Member Torgerson introduced the following resolution and moved its adoption: RESOLUTION NO. 87 -12 -54 RESOLUTION OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, OBJECTING TO COUNTY COMMISSIONERS' SUBSTANTIAL SALARY INCREASE WHEREAS, the Board of County Commissioners of the County of Washington did increase their annual compensation by thirty - five percent (35 %); and WHEREAS, said increase is much greater than the cost of living, as determined by the Department of Commerce of the United States; and WHEREAS, it does not appear that said increase is warranted in view of the responsibility of said commissioners, . and is not commensurate with the pay scale of other comparable counties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oak Park Heights, Washington County, Minnesota opposes said increase, and that the County Board of Commissioners reconsider the same and in the event any increase is given, that it reflect the cost of living increase that occurred in the last year. BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Board of County Commissioners, and all other interested parties. • The motion for the adoption of the foregoing resolution was duly seconded by Member Doerr, 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 Administrator - Treasurer. /s/ Frank Sommerfeldt Mayor ATTEST: /s/ La Vonne Wilson City Administrator - Treasurer • 2 - t 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 City of Oak Park Heights objecting to the County Commissioners'substantial salary increase. WITNESS my hand as such Administrator - Treasurer and the • official seal of the City this day of 1988. La Vonne Wilson Administrator - Treasurer (SEAL) • 3 - • EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA HELD DECEMBER 14, 1987 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, December 14, 1987, at 7:00 o'clock P.M. The following members were present: Frank Sommerfeldt Jack Doerr Richard Seggelke Barry Torgerson Barbara O'Neal and the following were absent: None. Also present was La Vonne Wilson, the City Administrator - Treasurer. Member Doerr introduced the following resolution and moved its adoption: RESOLUTION NO. 87 -12 -53 RESOLUTION OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, APPROVING AND SUPPORTING THE MOTOR VEHICLE EXCISE TAX TRANSFER WHEREAS, the road, bridge and transit systems of the State of Minnesota are an integral part of its economic development, and contribute greatly to the quality of life of the people of the State; and WHEREAS, local governments are partners with the State of Minnesota in the construction and maintenance of the transportation system; and • WHEREAS, the transportation funding mechanism agreed upon by the State Legislature in 1981 provided for a phased transfer of the motor vehicle excise tax to the Highway User Distribution Fund, but this has been consistently delayed due to the fact that said funds have been used to help balance the State budget; and WHEREAS, the City of Oak Park Heights, Washington County, Minnesota, contains a population of approximately 2,500 residents, and the officials of said City and its citizens wholeheartedly support Minnesota's transportation system through the use of motor vehicle excise taxes which were paid for the specific purpose of being used for the maintenance of the transportation system of this State. • NOW, THEREFORE, BE IT RESOLVED that the City officials of the City of Oak Park Heights, on behalf of its citizens, do hereby support the enactment of a fair and equitable transportation funding package in 1988 that includes a phased transfer of the motor vehicle excise tax to the Highway User Tax Distribution Fund. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Washington County legislative delegation, to -wit: Senator A. W. Diessner, Senator Gary W. Laidig, Rep. Harriet McPherson, Rep. Len Price, Rep. Pat Beard and Rep. Doug Swenson. BE IT FURTHER RESOLVED that copies of this resolution also be sent to the House and Senate Transportation Committee • chairmen, to -wit: Senator Clarence Purfeerst and Rep. Henry Kalis. - 2 - a The motion for the adoption of the foregoing resolution was duly seconded by Member Torgerson, 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 Administrator - Treasurer. /s/ Frank Sommerfeldt Mayor ATTEST; /s/ La Vonne Wilson City Administrator- Treasurer 3 - L a 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 City of Oak Park Heights approving and supporting the Motor Vehicle Excise Tax Transfer. WITNESS my hand as such Administrator - Treasurer and the official seal of the City this 16th day of December 1987. La Vonne Wilson Administrator- Treasurer (SEAL) 4 - LAW OFFICES OF • ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P. O. BOX C STILLWATER. MINNESOTA 55082 (612) 439-2678 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS PAULA. WOLFF December 18, 1987 MARK J. VIERLING JAMES I. MOBERG VICKI L. GIFFORD TO: Washington County Legislative Delegation Senator A. W. Diessner Senator Gary W. Laidig Rep. Harriet McPherson Rep. Len Price Rep. Pat Beard Rep. Doug Swenson House and Senate Transportation Committee Chairmen Senator Clarence Purfeerst Rep. Henry Kalis Re: Motor Vehicle Excise Tax Transfer Gentlemen and Madam: Enclosed is a copy of an Extract of Minutes of Meeting of City Council of the City of Oak Park Heights held December 14, 1987, which contains a Resolution adopted by the City Council approving and supporting the motor vehicle excise tax transfer. Your ery,/ ru y, ` � � l Lyle Ec erg Oak Park eights Ci Attorney LJE:ks Enclosure c: Jeff Hanson, Washington County kta Vonne Wilson, City Administrator - Treasurer r w RESOLUTION 87 -11 -51 • CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION OPPOSING THE SITING OF A DUMP FOR THE LAKE ELMO REGIONAL PARR BY THE METROPOLITAN COUNCIL WHEREAS, the City Council of the City of Oak Park Heights has been advised that the Lake Elmo Regional Park has been sited by the Metropolitan Council as a possible location for a dump and is in the process of conducting environmental studies to determine its environmental suitability for such purposes; and, WHEREAS, the Lake Elmo Regional Park is regarded by the City Council for the City of Oak Park Heights, on behalf of its citizens, as a major recreational resource for residents and individuals in the Washington County and greater metropolitan area; and, WHEREAS, the City Council finds the siting and potential location of a dump within a major recreational facility to be an inconsistent and inappropriate use of a major recreational resource within Washington County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: That the City of Oak Park Heights opposes the siting and potential location of a dump within the Lake Elmo Regional Park. BE IT FURTHER RESOLVED, That the City Clerk of the City of Oak Park Heights forward a certified copy of this resolution to the Metropolitan Council and the Washington County Board of Commissioners so that the views of the citizens in the City of Oak Park Heights will be known as to this issue. Passed by the City Council of the City of Oak Park Heights this 9, day of November, 1987. rank 0. Sommerfel , Mayor Attest: La onne Wi son City Clerk- Administrator • RESOLUTION 87 -11 -50 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING ANNEXATION AND DETACHMENT OF CERTAIN LANDS LYING WITHIN THE CITY OF OAK PARK HEIGHTS AND THE CITY OF BAYPORT WHEREAS, the City Council of the City of Oak Park Heights has been contacted by the City of Bayport with regard to the cooperative request to detach and annex certain lands within the Cities of Bayport and Oak Park Heights; and, WHEREAS, the same affects the property owned by the Minnesota Correctional Facility at Bayport; and, WHEREAS, such detachment and annexation is consented to by the Department of Administration and the Department of Administration and the Department of Corrections for the State of Minnesota, the fee owner of the property. i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights in conjunction with the City Council of the City of Bayport as follows: 1. That the petition for detachment and annexation of certain lands from the City of Bayport to the City of Oak Park Heights be and the same is hereby approved, and the City Attorney is authorized to proceed in conformance therewith to provide the necessary documents and filings with the Minnesota Municipal Board in such case made and provided. Passed by the City Council of the City of Oak Park Heights this 9th day of November, 1987. rank 0. Sommerfeld , Mayor Attest: L.- Wilson City Clerk- Administrator � s RESOLUTION 87 -11 -49 CITY OF OAK PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING PETITION FOR ANNEXATION OF CERTAIN LANDS FROM BAYTOWN TOWNSHIP TO THE CITY OF OAR PARK HEIGHTS WHEREAS, a petition has been presented to the City of Oak Park Heights pursuant to Chapter 414 of the Minnesota Statutes, requesting petition of certain lands within Baytown Township to the City of Oak Park Heights; and, determined Htthatssuch the lands are invneeddofaannexation and has provision of water and sewer municipal services; and,for the WHEREAS, it appears that annexation of such lands to the City of Oak Park Heights is in conformance with the City's Comprehensive Plan in such case made and provided; and, WHEREAS, the City has existing capacity within its water and sewer municipal lines to extend to and serve the territory requested for annexation; and, WHEREAS, the homeowners and property owners affected have requested such annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the petition as presented by for annexation of lands to the City of Oak Park Heights as described within said petition affecting lands within Baytown Township is herewith accepted and approved by the City Council of the City of Oak Park Heights. 2. That the City Attorney is herewith authorized and directed to proceed on said petition, make necessary filings and provide notices to the Minnesota Municipal Board and adjoining communities, property owners and other interested parties as specified within such statute. Passed by the City Council of the City of Oak Park Heights this '", day of November, 1987. r Attest: ank O. Sommerf v e t, Mayor La onne Wilson City Clerk- Administrator • RESOLUTION 87 -11 -48 CITY OF OAK PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING ORDINANCES 87- 1003 -05 AND 87- 1004 -06 GRANTING TO NORTHERN STATES POWER COMPANY A FRANCHISE FOR PROVISION OF NATURAL GAS AND ELECTRIC TRANSMISSION LINES WHEREAS, Northern States Power Company has applied to the City of Oak Park Heights for a franchise providing for the non - exclusive right to provide electric and natural gas transmission lines to the City of Oak Park - Heights to residential and commercial homeowners; and, WHEREAS, such ordinances have been reviewed by staff and approved; and, WHEREAS, no adverse comment has been received by the public affecting the provision of such franchise to Northern • States Power Company. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the Mayor and the Clerk are herewith authorized and directed to execute Ordinance Nos. 87- 1003 -05 and 87- 1004 -06 and thereafter provide publication of same as required by law to be effective. Passed by the City Council of the City of Oak Park Heights this day of November, 1987. Frank 0. Sommerfeldt, Mayor Attest: vL Vonne Wilson City Clerk Administrator • • • • • • RESOLUTION 87 -10 -47 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING EMPLOYEE MILEAGE REIMBURSEMENT AT $.22 h PER MILE WHEREAS, the City of Oak Park Heights reimburses its employees for mileage as to vehicles, trips and transportation taken on City business; and, WHEREAS, the City has reviewed its reimbursement policy with the City Engineer and Administrator affecting such costs; and, WHEREAS, the City Council has received a recommendation from City staff for an increase in the mileage reimbursement to the level of $.22 h per mile. NOW, THEREFORE, BE IT RESOLVED by the City Council of • the City of Oak Park Heights as follows: 1. That all employee mileage reimbursement shall herewith be estimated and calculated at the rate of $.22 h per mile, with such reimbursement being provided all employees whenever such employees' vehicles are being used for City business per authorization. Passed by the City Council of the City of Oak Park Heights this day of October, 1987. Frank O. Sommerfe1 Mayor Attest: LaVonne Wilson City Clerk- Administrator a • RESOLUTION 87 -10 -46 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE LOW BID FROM ODLAND CONSTRUCTION, INC. FOR PARR DEVELOPMENT PROJECT IN THE AMOUNT OF $47,420.00 AND AUTHORIZING AND DIRECTING THE MAYOR AND THE CLERK TO EXECUTE THE CONTRACT WHEREAS, the City Council of the City of Oak Park Heights has duly solicited bids pursuant to statute and ordinance in such case made and provided for the Park Development Project; and, WHEREAS, bids have been received from the City of Oak Park Heights and tabulated by the City Auditor and Engineer; and, WHEREAS, the lowest responsible bidder on said project is Odland Construction, Inc., submitting its bid for the Park Development Project in the amount of $47,420.00. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: That the bid of Odland Construction, Inc. for the Park Development Project in the amount of $47,420.00 is herewith accepted. That the Clerk is authorized to return to all other bidders their bid bonds, retaining the bid bond of Odland Construction, Inc. BE IT FURTHER RESOLVED, That the Mayor and the Clerk of the City of Oak Park Heights are herewith directed to execute the contract as reviewed by City staff in conformance with the bid specifications and project requirements under the supervision of the City Engineer. Passed by the City Council of the City of Oak Park Heights this . day of October, 1987. x� Frank 0. Sommerfe t, Mayor Attest: . L- lLaVonne Wilson City Clerk- Administrator • RESOLUTION 87 -10 -45 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION TRANSFERRING THE BALANCE IN THE REVENUE SHARING FUND OF $1,752.71 PLUS INTEREST TO THE GENERAL FUND, MAYOR'S CONTINGENCY FUND WHEREAS, there exists a balance as of this date in the Revenue Sharing Fund of $1,752.71; and, WHEREAS, based upon recommendation of City staff and City Auditor who recommend that the balance be transferred to the General Fund, Mayor's Contingency Fund which complies with all revenue sharing requirements and federal regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the present balance contained within the Revenue Sharing Fund of the City of Oak Park Heights in the amount of $1,752.71 be and the same is hereby transferred to the General Fund, Mayor's Contingency Fund as maintained on the books of record of the City Auditor and City Administrator. Passed by the City Council of the City of Oak Park Heights this 13th day of October, 1987. Frank 0. SommerfelAt, Mayor Attest: La onne Wilson City Clerk- Administrator a • • • • • �'� -- � • RESOLUTION 87 -10 -44 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE MAYOR AND THE CLERK TO EXECUTE AN AMENDMENT TO ORDINANCE NO. 206 BY DELETING 206.23 FROM THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS WHEREAS, The Code of Ordinances of the City of Oak Park Heights currently has Section 206.23 which provides residential requirements for all new employees within the City of Oak Park Heights within six months after completion of their probationary period and further requiring all present employees to reside within one -half mile of the City limits of the City of Oak Park Heights; and, WHEREAS, based upon opinions from legal counsel of the City of Oak Park Heights, it appears that said provisions are no longer authorized or valid within the State of Minnesota; and, WHEREAS, the aforementioned provisions should be repealed from the Code of Ordinances of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the Mayor and the Clerk are herewith authorized and directed to execute the necessary ordinance repealing Section 206.23 from the Code of Ordinances of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 13th day of October, 1987. Frank 0. Sommerf el--6-t, Mayor Attest: �La ne Wilson City Clerk- Administrator RESOLUTION 87 -10 -43 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION CHARGING 10% INTEREST ON LATE UNPAID UTILITY ACCOUNTS THAT ARE CERTIFIED TO THE COUNTY FOR 1988 TAXES, COLLECTABLE IN 1989 WHEREAS, Chapter 1001 and Chapter 1007 of the Code of Ordinances of the City of Oak Park Heights authorize the imposition of utility fees for water and sewer services and municipal utilities to all commercial and residential structures and property owners within the City of Oak Park Heights; and, WHEREAS, the ordinances for the City of Oak Park Heights authorize the imposition of late charges to delinquent properties who have not paid for municipal utilities as otherwise authorized under the ordinances of the City of Oak Park Heights; and, WHEREAS, the statute in such case made and provided authorizes the certification of such delinquent accounts with late charges to the County Auditor /Treasurer for purposes of collection on the tax roles; and, WHEREAS, the City Council of the City of Oak Park Heights deems it to be in the best interest of the public and the taxpayers of the City of Oak Park Heights to impose a late charge on unpaid utility billings within the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That there shall be imposed effective immediately a 10% charge on all late unpaid utility accounts that are to be certified to Washington County for 1988 taxes, collectable in 1989. 2. That the City Clerk is further authorized and directed to certify to Washington County all delinquent utility billings as of this date for 1988 taxes collectable in 1989, together with such imposed late charge. Passed by the City Council of the City of Oak Park Heights this 13th day of October, 1987. Frank 0. Sommerf dt, Mayor Attest: a nne Wilson' City Clerk Administrator L CI�OF OAK PARK HEIGHTS, MINNESOTO A RESOLUTION ESTABLISHING A GENERAL FUND RESERVES AND /OR DESIGNATIONS • #87 - 10 - 42 WHEREAS, the City's auditors have, in their management report dated December 31, 1986, recommended that the City maintain an adequate level of fund balance in the General Fund in order to provide for the financial strength and integrity .of the City; and WHEREAS, the Council recognizes that an adequate level of fund balance is necessary to provide for: 1. Cash flow requirements 2. Contingent employee benefit: • Compensated absences • Accrued sick leave 3. General contingencies and emergencies NOW, THEREFORE BE IT RESOLVED, as a matter of City policy, that the following General Fund reserves /designations be established and maintained as far as practicable: 1. Cash Flow Reserve /Designation equal to one -half of the General Fund property tax levy plus anticipated State aids for the ensuing year ($432,500 at December 31, 1986) 2. Contingent Employee Benefit Reserve /Designation for Compensated Absences and Accrued Sick Leave equal to amounts computed at each December 31st based upon existing City policy and generally accepted accounting principles ($79,593 at December 31, 1986) 3. General Contingency (including emergencies) Reserve /Designation equal to 15% of the City's General Fund Expenditures Budget for the ensuing year ($130,914 at December 31, 1986) BE IT FURTHER RESOLVED, that the Administration shall annually calculate the amounts of the above Reserves /Designations (based upon the above) and report such Reserves /Designations in the City's Annual Financial Report; BE IT ALSO FURTHER RESOLVED, that the City Council shall periodically review its Reserve /Designation needs and requirements and make such changes to this policy statement as required to provide for the financial strength and integrity of the City. Adopted this 13 _CZ day of 1987. Mayor (� ( / o^-rt Clerk- Treasurer 0 0 • RESOLUTION 87 -10 -41 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE REPEAL OF ORDINANCE NO. 87- 1101 -04 RELATING TO REGULATION OF MOTOR VEHICLES AND THEIR PARKING ON RESIDENTIAL PROPERTIES WHEREAS, the City Council of the City of Oak Park Heights did enact Ordinance No. 87- 1101 -04 relating to the regulation of motor vehicles so as to regulate and control parking of motor vehicles upon lots occupied by residential dwellings; and, WHEREAS, the City Council of the City of Oak Park Heights feels that the provisions set forth within said ordinance are more adequately addressed after extended public discussion and debate takes place over the parking issues and policies of the City of Oak Park Heights affecting zoning and related matters; and, • WHEREAS, the City Council feels that the public interest will not be impaired by the repeal of the ordinance at the present time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That Ordinance No. 87- 1101 -04 amending Chapter 1101 of the Code of Ordinances of the City of Oak Park Heights be and the same is hereby repealed. Passed by the City Council of the City of Oak Park Heights this 13th day of October, 1987. Frank 0. Sommerf dt, Mayor Attest: C -� J "�� ne Wilson City Clerk Administrator • L RESOLUTION 87 -10 -40 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING AMENDMENT TO ORDINANCE NO. 502 OF THE CODE OF ORDINANCES OF THE CITY OF OAR PARR HEIGHTS WHEREAS, the City Clerk has duly caused to be published a proposed amendment to Ordinance No. 502, relating to the disposal of garbage and refuse so as to require separation of grass clippings and leaves; and, WHEREAS, public hearing has been duly held before the City Council on the 13th day of October, 1987 to receive public comment with regard to same; and, WHEREAS, no adverse public comment was received; and, WHEREAS, the City Council of the City of Oak Park Heights determines it to be in the best interests of the citizens . of the City to mandate separation of leaves and grass clippings for purposes of collection and disposal by the City's garbage hauler. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the Chapter 502 of the Code of Ordinances of the City of Oak Park Heights shall be amended to require separation of leaves and grass clippings by the citizens and residents of the City of Oak Park Heights so as to assist the garbage hauler in their proper disposal and collection. Passed by the City Council of the City of Oak Park Heights this 13th day of October, 1987. i ftankl. Sommer d t, Mayor Attest: LaVonne Wilson City Clerk Administrator • • RESOLUTION 87 -10 -39 CITY OF OAR PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE APPLICATION FOR VARIANCE SUBMITTED BY DAVID FOLEY REQUESTING 5 FOOT REAR YARD SETBACK FOR GARAGE WHEREAS, application has been made to the City of Oak Park Heights by Mr. David Foley, seeking a variance to a rear yard setback so as to allow him to locate a garage within five feet of the rear property line; and, WHEREAS, notice has been duly mailed and published as required by ordinance and statute in such case made and provided; and, WHEREAS, public hearing was duly held before the City Council of the City of Oak Park Heights the 13th day of October, 1987 with no adverse comment received thereby; and, WHEREAS, the City Council of the City of Oak Park Heights has determined that a hardship exists as defined within the text of the zoning code due to the unique configurations of the Foley property, the inability to utilize property fully and reasonably without the location of a garage encroaching into the setback area, and additionally finding that granting of the variance will not have an adverse impact on neighboring properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the application for variance as submitted by Mr. David Foley, requesting permission to locate a garage and requesting a five foot rear yard setback for the location of said garage, is hereby granted. Passed by the City Council of the City of Oak Park Heights this 13th day of October, 1987. Frank 0. Sommerfe t, Mayor Attest: LaVonne Wilson City Clerk- Administrator RESOLUTION NO. 87 -9 -38 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE LOW BID FROM TOWER ASPHALT, INC. IN THE AMOUNT OF $166,277.50 FOR A STREET IMPROVEMENT PROJECT - SWAGER BROS. 9TH ADDITION WHEREAS, the City Engineer has duly prepared request for bids and specifications affecting Street Improvement Projects for the Swager Bros. 9th Addition within the City of Oak Park Heights; and, WHEREAS, the lowest responsible bidder as determined by the City of Oak Park Heights affecting said project is Tower Asphalt, Inc., who has submitted its bid in the amount of $166,277.50 for the Street Improvement Project, Swager Bros. 9th Addition; and, WHEREAS, the bid as submitted by Tower Asphalt, Inc. is in due and proper form as certified to by City staff. 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 herewith accepts the low bid from Tower Asphalt, Inc. in the amount of $166,277.50 for the Street Improvement Project, Swager Bros. 9th Addition. That the City Clerk is directed and authorized to return to all other bidders the bid bonds submitted in relation to said project, retaining the bid bond submitted by Tower Asphalt, Inc. affecting said project. Passed by the City Council of the City of Oak Park Heights this 28th day of September, 1987. r rank O. SommerfplOt, Mayor Attest: -- �L2fVonne Wi1gS"rf City Clerk Administrator • • r • • • RESOLUTION NO. 87 -9 -37 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY ENGINEER TO REQUEST BIDS FOR THE 1987 PARK IMPROVEMENT PROJECT WITH BIDS TO BE PRESENTED OCTOBER 15, 1987 AT 2:00 P.M. WHEREAS, the Park Commission of the City Council of the City of Oak Park Heights desire to receive bids for the 1987 Park Improvement Project as discussed and reflected within reports from the City Engineer on file and of record in the office of the City Clerk of Oak Park Heights in and for Washington County, Minnesota; and, WHEREAS, it is necessary pursuant to law to request bids affecting the improvements to the City parks; and, WHEREAS, the City Council of the City of Oak Park Heights desires to authorize the City Engineer to request bids on behalf of the City of Oak Park Heights for the 1987 Park Improvement Project with bid opening to be conducted October 15, 1987 at 2:00 p.m. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the offices of the City Engineer, Bonestroo, Anderlik & Associates, are hereby authorized and directed to secure bids for the 1987 Park Improvement Project with bid opening to be conducted October 15, 1987 at 2:00 p.m., all in a manner as authorized by statute and ordinance in such case made and provided. Passed by the City Council of the City of Oak Park Heights this 28th day of September, 1987. Prank O. ommerfeldt Mayor Attest: a onne Wilson City Clerk- Administrator RESOLUTION NO. 87 -9 -36 • CITY OF OAK PARR HEIGHTS WASHING'T`ON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 1988 BUDGET WHEREAS, the City staff has prepared and submitted to the City Council a proposed budget for 1988; and, WHEREAS, public hearing has been duly held by the City Council with regard to the proposed budget, receiving no adverse comment with regard thereto; and, WHEREAS, the City Council of the City of Oak Park Heights has determined that the proposed budget as submitted by staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the 1988 budget is approved in the following categories: Cateqory Total - All Funds • General Government $224,240 Public Safety $391,500 Streets and Highways $ 76,800 Sanitation $182,055 Parks & Recreation $116,150 Contingency $ 30,325 Transfer Out $125,000 2. That there be and the same is also approved a tax levy in the amount of $24,731.00 for Storm and Sewer Bonds of 1982, with the City Clerk being duly authorized and directed to certify same to Washington County for collection with the taxes on the affected properties. Passed by the City Council of the City of Oak Park Heights this 28th day of September, 1987 . r rank 0. Sommerfeldt, Mayor Attest: aVonne Wilton City Clerk- Administrator • RESOLUTION NO. 87 -9103 -3 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA i A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS APPROVING A FIVE FOOT REAR YARD SETBACK VARIANCE FOR THE LOCATION OF A GARAGE ON THE APPLICATION OF DAVID FOLEY WHEREAS, the City Council of the City of Oak Park Heights has received an application requesting variance for the location of a garage and accessory structure on the property of Mr. David Foley; and, WHEREAS, notice and publication have been duly complied with as required by statute and ordinance in such case made and provided; and, WHEREAS, the City Council of the City of Oak Park Heights duly conducted a public hearing on September 28, 1987 affecting such application; and, WHEREAS, the City Council of the City of Oak Park Heights determined there to be a hardship existing upon the Foley property due to the unique configuration of the property and has determined that a variance is justified and if granted will not impair any adjoining property owners' lands or values but will allow the applicant to fully use his existing property. 10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the variance requesting a five foot rear setback for the garage to be located upon the property of Mr. David Foley is hereby granted. 2. That the request of Mr. David Foley for an additional 296 sq. ft. addition to the garage affecting said request is denied with Mr. Foley being allowed to construct a garage with a maximum square footage of 1,000 sq. ft. pursuant to the ordinances of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 28th day of September, 1987 Lt rank O. Sommerfe t, Mayor Attest: �onne so n City Clerk - Administrator Resolution 87 -9 -35 rescinded by motion dated September 28, 1987. Motion made by O'Neal, seconded by Doerr. Roll call vote taken with five aye votes cast, voting in favor of rescinding the aforementioned resolution. • � • • • RESOLUTION NO. 87 -90 �/ CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA A RESOLUTION DIRECTING AND AUTHORIZING THE MAYOR AND THE CLERK TO SIGN THE PARKING LEASE AGREEMENT BETWEEN THE CITY AND NORTHERN STATES POWER COMPANY ON LOTS 1 AND 2, BLOCK 9, OAK PARK ADDITION TOGETHER WITH THAT PART OF THE VACATED THIRD STREET PURSUANT TO DOCUMENT NO. 272275 ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR WASHINGTON COUNTY, MINNESOTA WHEREAS, the City Council of the City of Oak Park Heights has received a request that the City execute a certain Parking Lease Agreement between the City of Oak Park Heights and Northern States Power Company affecting Lots 1 and 2, Block 9, Oak Park Addition, together with that part of the vacated Third Street, pursuant to Document No. 272275 in the office of the County Recorder in and for Washington County, Minnesota; and, WHEREAS, the City Council of the City of Oak Park Heights determines it to be in the best interests of the residents of the City of Oak Park Heights that such Lease Agreement be executed between the City and Northern States Power Company; and, • WHEREAS, no adverse public comment has been received b y the City Council of the City of Oak Park Heights with regard to the execution of said contract and lease; and, WHEREAS, the City Council of the City of Oak Park Heights has reviewed such request together with comments from City staff and finds it to be appropriate at this time to execute such agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the Mayor and the Clerk are hereby authorized and directed to sign the Parking Lease Agreement between the City of Oak Park Heights and Northern States Power Company as it affects the aforementioned real property. Passed by the City Council of the City of Oak Park Heights this 14th day of September, 1987. rank � O.Sommerfeot, Mayor • Attest: LaVonne Wilson City Clerk- Administrator • � • • • RESOLUTION NO. 87 -9 -33 • CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION INCREASING THE QUARTERLY CHARGE FOR RESIDENTIAL HOMEOWNERS IN THE CITY OF OAR PARR HEIGHTS FOR REFUSE PICKUP COMMENCING JANUARY 1, 1988 WHEREAS, the City Council of the City of Oak Park Heights has by ordinance issued an exclusive right of contract to haul residential garbage within the City of Oak Park Heights; and, WHEREAS, such garbage contract is subject to negotiation from time to time between the City and the contract hauler; and, WHEREAS, the ordinances of the City of Oak Park Heights in such case made and provided require resolutions to be adopted from time to time increasing or modifying the charge to homeowners within the City of Oak Park Heights affecting such refuse and garbage pickup; and, WHEREAS, the City Council of the City of Oak Park • Heights has determined it to be appropriate at this time to increase the charge for refuse pickup within the City of Oak Park Heights by $2.00 effective January 1, 1988. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: I. That effective January 1, 1988 residential customers of the City of Oak Park Heights affecting garbage pickup shall have their quarterly bills increased $2.00 per quarter to cover the additional cost of garbage collection and disposal within the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 14th day of September, 1987. 4 rank 0. Sommerf dt, Mayor Attest: La�onne Wilton City Clerk- Administrator • L • • • RESOLUTION NO. 87 -9 -32 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROPRIATING $3,000.00 FROM THE CONTINGENCY FUND TO BE ALLOCATED TO THE STILLWATER AREA JAYCEES ATHLETIC COMPLEX WHEREAS, the City of Oak Park Heights has been requested to contribute to the cost incurred in the construction of the Stillwater Area Jaycees athletic complex located on property within the City of Stillwater but maintained for the benefit of all area residents; and, WHEREAS, the City Council of the City of Oak Park Heights finds that the athletic complex which serves the Oak Park Heights, Bayport and Middle St. Croix Valley provides a distinct and substantial benefit to the citizens and residents of the City of Oak Park Heights; and, • WHEREAS, the City Council of the City of Oak Park Heights determines it to be in the best interests of the citizens of the City of Oak Park Heights to contribute to the cost of construction and maintenance of said athletic complex. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: I. That the sum of $3,000.00 be allocated and expended from the City's Contingency Fund to the Stillwater Area Jaycees athletic complex. Passed by the City Council of the City of Oak Park Heights this 14th day of September, 1987. 7 rank 0. Sommerfel , ayor Attest: a o�wils City Clerk - Administrator • a • RESOLUTION NO. 87 -9 -31 CITY OF OAR PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING THE REQUEST OF DAVID LINQUIST FOR REZONING OF REAL PROPERTY FROM OPEN SPACE CONSERVATION DISTRICT TO GENERAL BUSINESS DISTRICT WHEREAS, the City Council of the City of Oak Park Heights has received an application from David Linquist requesting the rezoning of real property located within the City of Lake St. Croix Beach from its present zoning classification as Open Space Conservation District, requesting to be rezoned to General Business District (B -2); and, WHEREAS, publication and mailing has been duly affected as required by statute and ordinance in such case made and provided; and, WHEREAS, public hearing was duly held before the City Council of the City of Oak Park Heights on September 14, 1987 and no adverse comment was received from the public with regard to such application; and, WHEREAS, the real property in issue, which is the subject of the request for rezoning, is legally described as follows, to -wit: See Attached Exhibit "A" and, WHEREAS, the City Council of the City of Oak Park Heights determines that a rezoning of the property as applied for by the applicant is consistent with the provisions of the City's comprehensive plan provided that Parcel "B" be recognized as a legally nonconforming land use, as it affects land uses now in existence and further delineated within the Planner's report affecting said property; and, WHEREAS, the City Planner's Office has reviewed such application and provided its written comment dated August 18, 1987, a copy of which was read into the record at the public hearing held in the aforesaid matter. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the subject property is rezoned from "O" -Open Space Conservation District to "B- 2 "- General Business District, subject to Parcel "B" thereof (see attached), being recognized as a legally nonconforming land use for application of the zoning code of the City of Oak Park Heights and subdivision code of the City of Oak Park Heights. Further, that if the applicant should ever desire to expand said use on Parcel "B" a variance would be needed to be obtained and approved or the three parcels affected by this request would have to be resubdivided in order to bring the Parcel "B" into conformity with the lot area requirement. That the applicant has been advised to same and agrees to it. Passed by the City Council of the City of Oak Park Heights this 14th day of September, 1987. v Z me r ank Somrfel t, J Ma Attest: a onne Wilson City Clerk- Administrator • • � } � • 1 • • • RESOLUTION NO. 87 -9 -30 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION DEFYING REQUEST FOR SIGN VARIANCE FOR GREENBRIER OFFICE WHEREAS, application has been made for variance from the sign ordinance by the owners of the Greenbrier Office located within the City of Oak Park Heights; and WHEREAS, publication and mailing was duly held and effected pursuant to ordinance and statute in such case made and provided; and, WHEREAS, public hearing was duly held on September 14, 1987, receiving comments from the public with regard to the application for the variance; and, WHEREAS, the City Council of the City of Oak Park Heights has determined that there is no hardship as defined within the context of the zoning code affecting the request for such variance and that adequate provisions for signage are allowed for within the text of the ordinance which the applicant could meet and utilize. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the application for variance to the sign ordinance of the City of Oak Park Heights submitted by the owners of the Greenbrier Office are herewith denied. Passed by the City Council of the City of Oak Park Heights this 14th day of September, 1987. i Prank 0. Sommerfel , Mayor Attest: a onne Wilson City Clerk- Administrator • i RESOLUTION NO. 87 -9 -29 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION ACCEPTING LOW BID FROM MILLER TREE SERVICE IN THE AMOUNT OF $8,650.00 FOR THE REMOVAL OF DISEASED TREES WHEREAS, pursuant to notice as provided by law, bids were duly solicited by the City of Oak Park Heights for the removal of 96 diseased trees within the City of Oak Park Heights; and, WHEREAS, the lowest submitted bid was from Miller Tree Service in the amount of $8,650.00 for the removal of the 96 diseased trees; and, WHEREAS, said bid conforms in all respects to the requirements of law and the ordinances of the City of Oak Park Heights, and the City Council has determined Miller Tree Service to be the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the bid of Miller Tree Service in the amount of $8,650.00 for the removal of 96 diseased trees within the City of Oak Park Heights is herewith accepted. The City Clerk shall notify all other bidders of the rejection of their offers and bids, returning to them any bid bonds submitted in conjunction therewith. Passed by the City Council of the City of Oak Park Heights this 14th day of September, 1987. vL taL.B. rank O. ommerfeld,f, Mayor Attest: 'Lap nne Wilson City Clerk- Administrator • • • • • RESOLUTION NO. 87 -8 -28 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DIRECTING THE CITY ENGINEER TO PROCEED WITH PLANS AND SPECIFICATIONS IN CONJUNCTION WITH THE CITY ENGINEER'S PARK DEVELOPMENT STUDY WHEREAS, there has been completed within the City of Oak Park Heights a Park Development Study as prepared by the offices of the City Engineer, Bonestroo, Rosene, Anderlik & Associates; and, WHEREAS, said Park Development Study has been available for public review and inspection and recommends various capital improvements and maintenance items to be completed within the City of Oak Park Heights; and, WHEREAS, the City Council deems it expedient at this time to obtain bids based on plans and specifications to be prepared by the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the City Engineer, Bonestroo, Rosene, Anderlik & Associates, proceed with plans and specifications on capital improvements and other projects referenced within said study. Passed by the City Council of the City of Oak Park Heights this 24th day of August, 1987. Frank 0. Sommerf dt, Mayor Attest �Ianne Wilson City Administrator /Treasurer • • • • • i • • RESOLUTION NO. 87 -8 -27 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MIMESOTA A RESOLUTION APPROVING ON -SALE, SUNDAY AND CIGARETTE LICENSES AS APPLIED FOR BY BOB TANNER-- ESTEBAN'S MEXICAN RESTAURANT WHEREAS, the City Council of the City of Oak Park Heights has received applications pursuant to the City's ordinance for On -Sale, Sunday and Sunday liquor sales on cigarette licenses; and, WHEREAS, investigations by the Chief of Police and the City Attorney's office have been completed with regard to said applications and recommend approval of same; and, WHEREAS, the public has been duly advised by a published Notice of Public Hearing affecting the issuance of liquor license and there has been no adverse comment received therefrom. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the application for On -Sale liquor, Sunday liquor and cigarette licenses as applied for by Bob Tanner, Esteban's Mexican Restaurant is hereby approved. Passed by the City Council of the City of Oak Park Heights this 24th day of August, 1987. Frank 0. Sommerf dt, Mayor Attest: II LaVonne Wilson City Administrator /Treasurer • • RESOLUTION NO. 87 -8 -26 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION INSTRUCTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR THE 1987 SEALCOAT PROJECT WHEREAS, the City Council of the City of Oak Park Heights has embarked upandrprotectetheoinfra- structurelofl streets in order to preserve the City of Oak Park Heights; and, WHEREAS, as a part of the sealcoating project of the City of Oak Park Heights, it is necessary to begin preparation of plans and specifications for the 1987 sealcoat project; and, WHEREAS, the Council would instruct the City Engineer to prepare plans and specifications e18 ,81987aato10:00oO'clock with bids to be open on Tuesday, August e ugust • a.m. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the City Engineer for the City of Oak Park Heights, Bonestroo, Rosene, Anderlik & Associates, are hereby directed to prepare plans and specifications for t 197 18, 1987 sealcoat project. Bids shall be open on Tuesday, at 10:00 o'clock a.m. Passed by the City Council of the City of Oak Park Heights this 10th day of August, 1987. Frank O.'Sommerf t, Mayor Attest: `- �La�lonne Wilson City Administrator /Treasurer • . RESOLUTION NO. 87 -7 -25 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING AN INCREASE TO $75.00 FOR DEPOSITS ON WATER METERS WHEREAS, Chapter 1001, Section 1001.03 of the Code of Ordinances of the City of Oak Park Heights regulates water meters connected to the City's municipal water system and establishes a deposit therefor; and, WHEREAS, the City of Oak Park Heights has been advised by its utility department of an increase in cost for water meters to be secured for connection to the City's municipal water system; and, WHEREAS, the City Council has determined it to be in the best interests of the residents that the water system be self - sustaining financially and that any increased costs for water meters be passed on to users of the water system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that effective immediately the deposit for water meters established pursuant to ordinance within the City of Oak Park Heights is hereby increased to $75.00 per water meter, with said deposit to be paid to the City Clerk. Passed by the City Council of the City of Oak Park Heights this 27th day of July, 1987. Frank O. Sommerfe -1 , Mayor Attest: LaVonne Wi'Ison City Administrator /Treasurer RESOLUTION NO. 87 -7 -24 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE MAYOR AND THE CLERK TO SIGN A CONTRACT BETWEEN C. W HOULE, INC • AND THE CITY OF OAK PARK HEIGHTS FOR UTILITY AND STREET IMPROVEMENTS TO SWAGER BROS. 9TH ADDITION WHEREAS, The City of Oak Park Heights has received the report of its consulting engineers, Bonestroo, Rosene, Anderlik & Associates, Inc., dated April 22, 1987 affecting the utility and street improvements to Swager Bros. 9th Addition; and, WHEREAS, the City of Oak Park Heights previously, within Resolution 87 -5 -16, ordered the improvements for Swager Bros. 9th Addition and directed the City Engineer to prepare final plans and specifications with regard thereto, and to proceed on bids on said project as soon as is legally possible; and, WHEREAS, pursuant to said bid specifications, as prepared by the office of the City Engineer, the City received bids for the utility work to be completed within Swager Bros. 9th Addition; and, WHEREAS, sealed bids having been received from the City of Oak Park Heights and duly opened at a public opening, as required by law, has determined that the lowest responsible bidder for said project was C. W. Houle, Inc. for the amount set forth within said bids; and, WHEREAS, copies of the contract documents have been reviewed at the offices of the City's engineer at Bonestroo, Rosene, Anderlik & Associates, Inc. and recommended for approval to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the Mayor and the Clerk are hereby authorized and directed to execute the contracts as approved by the offices of the City engineers, contracting for utility improvements to Swager Bros. 9th Addition with said improvements to be provided by C. W. Houle, Inc. Passed by the City Council of the City of Oak Park Heights this 27th day of July, 1987. Frank J PSom�merfel , Mayor Attest: Z�taVonne Wilson City Administrator /Treasurer 5150 • EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: JULY 13, 1987 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Washington County, Minnesota, was duly held at the City Hall in said City on Monday, the 13th day of July, 1987, at 7:00 o'clock P.M. for the purpose in part of authorizing the issuance of, and awarding the sale of, $995,000 General Obligation Improvement Bonds of 1987 of the City. The following members were present: Sommerfeldt, O'Neal, Torgerson, Seggelke and Doerr; and the following were absent: none. Member Torgerson introduced the following resolution and moved its adoption: #87 -7 -23 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $995,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1987 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 $995,000 General Obligation Improvement Bonds of 1987 of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (hereinafter referred to as the "Improvements "); and 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 $995,000 General Obligation Improvement Bonds of 1987 of the City (hereinafter referred to as the "Bonds ", or individually as a "Bond "), in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $975,498, plus interest accrued to settlement, is hereby accepted. 2. Title; Original Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Improvement Bonds of 1987 ", shall be dated July 1, 1987, 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 • 1989 - 1992 $200,000 1993 195,000 All dates are inclusive. 3. Purpose. The Bonds shall provide funds to finance the construction of various improvements in the City. 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. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year, commencing December 1, 1987, 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: 2 0 Maturity Interest Year Rate 1989 1990 1991 1992 1993 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their maturity. 6. Bond Registrar. First Trust Company, Inc., 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 to be issued hereunder, • 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: • 3 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS R- $ GENERAL OBLIGATION IMPROVEMENT BOND OF 1987 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP July 1, 1987 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 December 1, 1987, 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 Company, Inc., 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 4 Date (the "Regular Record Date "). Any interest not so timely • paid shall cease to be payable to the person who is the Holder hereof as of the .Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to 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. 5 Date of Registration: Registrable by: FIRST TRUST Payable at: FIRST TRUST COMPANY, INC. 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 COMPANY, INC. Administrator - Treasurer Bond Registrar By Authorized Signature 6 ON REVERSE OF BOND No Redemption. The Bonds of this issue are not subject to redemption and prepayment prior to their maturity. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $995,000, 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 on July 13, 1987 (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 1987 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered Bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount 7 equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax - Exempt Obligations. The Bonds have been designated by the Issuer as "qualified tax - exempt obligations for purposes of Section 265(b)(3) of the federal Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA Custodian (Gust) (Minor) under Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. 8 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.) 9 0 8. Execution; Temporary 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; 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 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 July 1, 1987. 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; Exchange. 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 10 Registrar shall provide for the registration of Bonds and the • registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) 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. 11 • Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 11. Rights Upon Transfer or Exchange. 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 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 Registered 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. Delivery; 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 12 Improvement Bonds of 1987 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 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 $ 112,872.50 (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 , 1989), 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 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 are hereby pledged and shall be used only to pay principal and interest due on the Bonds. (ii) Debt Service Account. There is hereby pledged and there shall be credited to the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied and either initially credited to the Construction Account and required to pay any principal and interest due on the Bonds or collected • 13 • 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 $112,872.50 (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 , 1989); (d) any collections of all taxes which may hereafter be levied in the event that the special assessments herein pledged to the payment of the principal and interest on the Bonds are insufficent therefore; (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 (5a) 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 the 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 14 • 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 federal Internal Revenue Code of 1986, as amended (the "Code "). 16. Assessments. It is hereby determined that no less than one hundred percent (100 %) 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 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 7 % per annum: Improvement Collection Designation Amount Levy Years Years Swager Bros. $995,000.00 1988 -1992 1989 -1993 9th Addition 15 • At the time the assessments are in fact levied the City Council shall, based on the then - current estimated col- lections 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. General Obligation Pledge. 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. 18. Certificate of Registration. 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 Auditor's certificate that the Bonds have been entered in the Auditor's Bond Register. 19. 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 represen- tations of the City as to the facts recited therein. 20. Negative Covenant as to Use of Improvements. The City hereby covenants not to use the Improvements or to 16 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. 21. 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 requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and 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 small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines and declares that the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of 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. 22. Designation of Qualified Tax - Exempt Obligations. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) 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 subordinate entities of the City) during this calendar year 1987 will not exceed $10,000,000; and 17 (d) not more than $10,000,000 of obligations issued by the City during this calendar year 1987 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. 23. Severability. 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. 24. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Seggelke and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: Sommerfeldt, O'Neal, Torgerson, Seggelke and Doerr; • and the following voted against the same: none. Whereupon said resolution was declared duly passed and adopted. 18 . • 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, • $995,000 General Obligation Improvement Bonds of 1987 of said City. WITNESS my hand and the seal of said City this day of 1987. Administrator - Treasurer (La Vonne Wilson) (SEAL) • 19 i . RESOLUTION NO. 87 -7 -22 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING ORDINANCE NO. 87- 1101 -04 AMENDING CHAPTER 1101 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS RELATING TO THE REGULATION OF MOTOR VEHICLES SO AS TO REGULATE AND CONTROL THE PARKING OF MOTOR VEHICLES UPON LOTS OCCUPIED BY RESIDENTIAL DWELLINGS WHEREAS, the City Council of the City of Oak Park Heights has reviewed a proposed ordinance that would regulate parking of motor vehicles on residential lots within the City of Oak Park Heights; and, WHEREAS, the Council finds that there is a need within the City to control parking of vehicles on places other than the parking pad established on residential lots; and, • WHEREAS, the City Council of the City of Oak Park Heights has determined it to be in the best interests of its residents to prohibit the unsightly and disorganized parking of motor vehicles and related objects upon places within a residential lot other than the parking pad and driveway apron. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that Ordinance No. 87- 1101 -04 is hereby adopted and enacted. BE IT FURTHER RESOLVED that the City Clerk is hereby duly authorized and directed to publish same within the Stillwater Gazette, the official newspaper for the City of Oak Park Heights, so as to provide said ordinance to be effective as required by law. Passed by the City Council of the City of Oak Park Heights this 13th day of July, 1987. A ra o n'l J 0.4cZ,mmerf dt, Mayor Attest: • aVonne Wiison City Administrator /Treasurer 0 RESOLUTION NO. 87 -6 -21 CITY OF OAK PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE REQUEST FOR A SUBDIVISION WAIVER REGARDING A POTENTIAL LOT SPLIT OF LOT 14, BLOCK 1, ST. CROIX MALL PUD WHEREAS, the City Council of the City of Oak Park Heights has received a request from the owner of Lot 14, Block 1, St. Croix Mall PUD to allow a split of that lot as applied for within the text of their application, copies of which are on file and of record in the office of the City Clerk and available for public inspection; and, WHEREAS, the City staff, with the exception of the City Attorney's office, has had the opportunity to review the application as submitted by the applicant; and, WHEREAS, no public hearing is required pursuant to said request under the ordinances of the City of Oak Park Heights in such case made and provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the applicant's request for a subdivision waiver regarding the potential split of Lot 14, Block 1, St. Croix Mall PUD is herewith approved, subject to the consent and approval of the City Attorney. Passed by the City Council of the City of Oak Park Heights this 22nd day of June, 1987. Frank 0. Sommerf dt, Mayor Attest: LaV'onne Wilson City Administrator /Treasurer • i RESOLUTION NO. 87 -6 -20 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE TRANSFER OF $2,080.00 FROM THE GENERAL FUND TO THE STORM SEWER DRAINAGE IMPROVEMENT FUND (403) IN THE MANNER RECOMMENDED BY THE CITY AUDITOR IN ORDER TO ALLOW THE CLOSING OF THE FUND WHEREAS, the City Council of the City of Oak Park Heights has received a report from its City Auditor recommending the transfer of $2,080.00 from the General Fund of the City of Oak Park Heights to the Storm Sewer Drainage Improvement Fund (403) in a manner that would allow for the closing of the fund; and, WHEREAS, the transfer, as recommended by the City Auditor, complies with existing statutory and regulatory requirements as imposed by state and federal statute and ordinance of the City of Oak Park Heights; and, WHEREAS, the City Council of the City of Oak Park Heights determines it to be in the best interests of the citizens to adopt said transfer and authorize same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the transfer of $2,080.00 from the General Fund to the Storm Sewer Drainage Improvement Fund (403), as recommended by the City Auditor in order to close the Storm Sewer Drainage Improvement Fund (403), is hereby approved. That the City Treasurer is herewith authorized and directed to implement said transfer pursuant to the terms of the report of the City Auditor and consultant. Passed by the City Council of the City of Oak Park Heights this 22nd day of June, 1987. � � d�� _ Frank 0. SommerfelaFt, Mayor Attest: LaVonne Wilson City Administrator /Treasurer RESOLUTION NO. 87 -6 -18 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE AMENDMENT TO THE ST. CROIX MALL PLANNED UNIT DEVELOPMENT WHEREAS, the City of Oak Park Heights received an application requesting amendment to the St. Croix Mall Planned Unit Development Agreement as originally dated April 18, 1979; and, WHEREAS, public hearings have been duly held as required by City ordinance in such case as made and provided; and, WHEREAS, the City Council has received the review and recommendation of City staff and planner with regard to the proposed amendment to the St. Croix Mall Planned Unit Development Agreement; and, • WHEREAS, the City Attorney's Office has prepared an amendment to the St. Croix Mall Planned Unit Development Agreement to be executed by the Developer referencing the amendment and the pertinent provisions thereof affecting surveying, parking and vehicle circulation, lighting plan, shared parking access, grading and drainage plans, utilities and landscaping plans; and, WHEREAS, the City Council duly held public hearing on June 8, 1987; and, WHEREAS, concerned residents appeared at the time of the public hearing requesting that Orin Avenue now temporarily closed from the south of the Mall to the neighboring properties in Brekke's Garden Hills to the south remain closed; and, WHEREAS, the City Council having reviewed the matter has determined that construction scheduling will require that Orin Avenue continue to be closed until at least April 1, 1988; and, WHEREAS, the City Council of the City of Oak Park Heights has scheduled a hearing for the first meeting in April of 1988 with regard to the issue relating to the opening of Orin Avenue following construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: I 1. That the amendment to the St. Croix Mall Planned Unit Development dated April 18, 1979 and St. Croix Mall Survey filed as document No. 388949 in the Office of the County Recorder in and for Washington County, Minnesota is conditionally approved. 2. That as a condition of the approval of the amendment to the St. Croix Mall Planned Unit Development, the issue of the continued closing or the potential opening of Orin Avenue to resume traffic circulation to the St. Croix Mall from its southern extension to neighboring residential properties is hereby specifically reserved to the City Council for future decision, specifically to be calendared as an agenda item on the first meeting of the City Council of the the City of Oak Park Heights in April of 1988. 3. That the applicant, Oak Park Development Company, shall execute the Amendment to the St. Croix Mall Planned Unit Development Agreement in the manner and form as provided for in the draft of same provided by the City Attorney's Office. Passed by the City Council of the City of Oak Park Heights this 8th day of June, 1987. v • Frank 0. Sommerfeld , Mayor Attest: La onne Wilson City Clerk /Administrator i I • RESOLUTION NO. 87 -5 -17 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 1986 IN'F'ER -FUND ADJUSTMENTS WHEREAS, the City's Auditor and Treasurer have filed a report with the City Council recommending 1986 Inter -fund adjustments to the various funds of the City of Oak Park Heights; and, WHEREAS, such Inter -fund adjustments comply with all state and federal regulations and statutes in such case made and provided; and, WHEREAS, the same are recommended by the City Treasurer and Auditor for fiscal purposes and accounting within the City of Oak Park Heights; and, • WHEREAS, a true and correct copy of the City Auditor's report is on file in the office of the City Clerk, open to public inspection and available for public review and comment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the 1986 Inter -Fund Adjustments, as recommended by the City's Auditor pursuant to said report, be and the same are hereby adopted. Passed by the City Council of the City of Oak Park Heights this 26th day of May, 1987. Frank 0. Sommerfe t, Mayor Attest: �LaVne Wilson City Administrator /Treasurer L 5 • EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA HELD MAY 26, 1987 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 Tuesday, May 26, 1987, at 7:00 o'clock P.M. The following members were present: Frank Sommerfeldt Jack Doerr Richard Seggelke Barry Torgerson and the following were absent: Barbara O'Neal. Also present was La Vonne Wilson, the City Administrator - Treasurer. The clerk presented an affidavit as to the mailing of the Notice of Public Hearing to consider the installation of sanitary and storm sewer and appurtenances thereto, water mains, house services and appurtenances, sanitary sewer lift stations and force main, street improvements, curb and gutters in Swager Bros. 9th Addition, Washington County, Minnesota, to all property owners proposed to be assessed for said improvements, and an Affidavit of Publication showing publication of the Notice of Public Hearing on said proposed improvements in the official newspaper of the City. Said affidavits were examined, approved, and ordered placed on file in the office of the City • Administrator- Treasurer. The Mayor then announced that the meeting was open for public hearing for said proposed improvements and all persons present who desired to do so were afforded the opportunity to express their views. No objections to making said improvements or to the levy of assessments to pay the costs thereof were made. The City Engineer was present and discussed said project. There being no further questions, the hearing was closed. Member Doerr introduced the following resolution and moved its adoption: RESOLUTION NO. 87 -5 -16 RESOLUTION OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, ORDERING IMPROVEMENTS FOR SWAGER BROS. 9TH ADDITION BE IT RESOLVED by the City Council of the City of Oak Park Heights, Washington County, Minnesota, as follows: 1. It is hereby found and determined that the Notice of Public Hearing on improvements for Swager Bros. 9th Addition in the City of Oak Park Heights was duly mailed and published in the official newspaper of the City, as required by Minnesota Statutes. 2. A public hearing having been held on this date and opportunity having been given at such hearing to all persons to make known their views on said improvements, and this Council, being fully advised of the pertinent facts, does hereby order the construction of said improvements, in accordance with the description thereof contained in said Notice of Public Hearing. 3. The estimated cost of such improvements is ' $1,100,000.00, and the area to be assessed to pay the cost of 2 - said improvements shall include the property described in the Notice of Public Hearing. 4. The City Engineer is hereby authorized and directed to prepare final plans and specifications for said improvements, and proceed to bids on said project as soon as legally possible. The motion for the adoption of the foregoing resolution was duly seconded by Member Torgerson, 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 Administrator - Treasurer. /s/ Frank Sommerfeldt Mayor ATTEST: /s/ La Vonne Wilson City Administrator - Treasurer 3 - r 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 City of Oak Park Heights approving the installation of sanitary and storm sewer and appurtenances thereto, water mains, house services and appurtenances, sanitary sewer lift stations and force main, street improvements, curb and gutters for Swager Bros. 9th Addition in the City, and authorizing the City Consulting Engineer to prepare final plans and specifications for said public improvements. WITNESS my hand as such Administrator - Treasurer and the official seal of the City this /© - day of 1987. L- /La Vonne Wilson Administrator- Treasurer ( SEAL) - 4 - • RESOLUTION NO. #87 -5 -15 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION VACATING A PORTION OF 61ST STREET NORTH 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 61st Street North (formerly Franklin Street), the same being legally described as follows, to -wit: All that part of 61st Street North (formerly Franklin Street), lying and being South of the South line of Lot Seven (7), Block Three (3), of Elfelt's Addition and North of the North line of Lot One (1), Block Two (2), of said Elfelt's Addition, and lying between the East line of said Lot Seven (7), Block Three (3), projected Southerly to the NorthE:ast corner of said Lot One (1), Block Two (2), and the West line of said Lot Seven (7), Block Three (3), projected Southerly to the Northwest corner of said Lot One (1), Block Two (2), all in said Elfelt's Addition to Oak Park, Washington County, Minnesota. and WHEREAS, all owners of abutting property to said street as proposed to vacation have been notified of this proceeding; and WHEREAS, the portion of 61st Street North proposed fo vacation has never been developed for use as a public street an 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 61st Street North - (formerly Franklin Street) as described above. a • NOW, THEREFORE, BE IT RESOLVED that all that art of 61st Street North (formerly Franklin Street) being specifically described as follows, to -wit: All that part of 61st Street North (formerly Franklin Street), lying and being South of the South line of Lot Seven (7), Block Three (3), of Elfelt's Addition and North of the North line of Lot One (1), Block Two (2), of said Elfelt's Addition, and lying between the East line of said Lot Seven (7), Block Three (3), projected Southerly to the Northeast corner of said Lot One (1), Block Two (2), and the West line of said Lot Seven (7), Block Three (3), projected Southerly to the Northwest corner of said Lot One (1), Block Two (2), all in said Elfelt's Addition to Oak Park, Washington County, Minnesota, be and the same is hereby vacated. BE IT FURTHER RESOLVED, that the City Clerk shall prepare a Notice of Completion of these proceedings which shall contain the name of the City, the identification of the vacation, 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 f Heights this 26th day of May, 1987. CITY OF OAK PARK HEIGHTS By \ i 'Frank 0. Sommerf dt, Mayor i Attest: i r La Vonne Wilson -Q�� City Clerk /Administrator • i 2 - I! RESOLUTION NO. 87 -5 -14 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM MAURICE BRERRE FOR STREET PURPOSES AND DEDICATION TO THE CITY OF OAR PARR HEIGHTS WHEREAS, the City of Oak Park Heights has been notified by Maurice Brekke that he wishes to donate to the City of Oak Park Heights by conveyance real property for street purposes and dedication to the City of Oak Park Heights for such public purposes; and, WHEREAS, the City Council for the City of Oak Park Heights determines that it is in the best interests of the citizens to accept such dedication for street purposes of real property offered by Maurice Brekke. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the City accepts the conveyance from Maurice Brekke for street purposes and public dedication to the City of Oak Park Heights that real property tendered within that deed by Maurice Brekke, the same being on file and of record with the City Clerk as of this 11th day of May, 1987. That a true and correct copy of said real property and its description is annexed hereto by exhibit and incorporated by reference herein. Passed by the City Council of the City of Oak Park Heights this 11th day of May, 1987. Frank O. Sommerf dt, or Attest (:::::: onne Wilson City Administrator /Treasurer • � s RESOLUTION NO. 87 -5 -13 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DIRECTING THE CITY ENGINEER TO REQUEST BIDS ON SWAGER BROS. 9TH ADDITION UTILITY AND STREET IMPROVEMENTS WHEREAS, the City Council of the City of Oak Park Heights has been petitioned by the property owner of Swager Bros. 9th Addition to make improvements for utility and street improvements upon the affected property; and, WHEREAS, the property owner of Swager Bros. 9th Addition has agreed to be responsible for the payment of all charges and expenses incurred by the City with regard thereto; and, WHEREAS, it is necessary for the City Engineer, pursuant to ordinance and statute in such case made and provided, to establish a request for bids with regard to the construction of • municipal utilities and street improvements with regard to said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the City Engineer, Bonestroo, Rosene, Anderlik & Associates is hereby directed to request bids as to Swager Bros. 9th Addition for the construction of municipal utility and street improvements as to said property with quotations or bids obtained with regard thereto to be presented to the City Council on June 8, 1987. Passed by the City Council of the City of Oak Park Heights this 11th day of May, 1987. Frank 0. Sommerfel , Mayor Attest: � LaVonne Lj' W " ilson City Administrator /Treasurer • i • • RESOLUTION NO. 87 -5 -12 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY CLERK TO DEVISE AN APPLICATION FOR WAGON VENDORS AS SPECIFIED BY CHAPTER 1401 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS WHEREAS, Chapter 1401 of the Code of Ordinances of the City of Oak Park Heights regulates wagon vendors and their activities within said City; and, WHEREAS, said ordinances also establish the need for the City Clerk to create an application form for wagon vendors to apply for the permits as required within the text of said ordinance; and, WHEREAS, it is necessary for the City Council, pursuant to said ordinance, to establish a fee for such permits. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the City Clerk is hereby authorized and directed to create an application form for wagon vendors to apply for the permits as set forth within Chapter 1401 of the Code of Ordinances of the City of Oak Park Heights. BE IT FURTHER RESOLVED that the fee for the first year on said applications is to be $25.00 and on each renewal thereafter, $10.00 for each succeeding year. Passed by the City Council of the City of Oak Park Heights this 11th day of May, 1987. 1f ".0 Frank O. Sommerf dt, Mayor Attest: �J LaVonne Wilson City Administrator /Treasurer • RESOLUTION NO. 87 -5 -11 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECLASSIFYING ZONING ON REQUEST OF THE APPLICANT AFFECTING THE FRANCIS DEVELOPMENT FROM RESIDENTIAL BUSINESS TO B -2 WHEREAS, the City Council of the City of Oak Park Heights has received an application from Francis Development for a rezoning request affecting its property within the City of Oak Park Heights; and, WHEREAS, mailed notice to affected property owners and publication of a Notice of Public Hearing having been duly concluded with no adverse comment received from the public with regard thereto; and, WHEREAS, the City Council has received the comments of City staff and planners affecting the proposed rezoning of the property to B -2 from its current R -B zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the application of Francis Development for rezoning of their property from R -B to B -2, pursuant to the application submitted by the applicant, is hereby granted. Passed by the City Council of the City of Oak Park Heights this 11th day of May, 1987. Prank 0. Sommerf dt, Mayor Attest: (:g aVon p ne Wilson City Administrator /Treasurer • RESOLUTION NO. 87 -5 -10 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING CONDITIONAL USE PERMIT TO ROBERT HAGSTROM WITH REGARD TO THE ORCHARD PARR PROJECT IN THE MANNER AND FORM APPLIED FOR WHEREAS, the City Council of the City of Oak Park Heights has received an application for a conditional use permit by Robert Hagstrom, in the manner and form applied for, affecting use of property designated as the Orchard Park Project; and, WHEREAS, the City Council of the City of Oak Park Heights has caused publication of a Notice of Public Hearing and mailing to affected property owners affecting same; and, WHEREAS, said public hearings upon said request having been concluded; and, WHEREAS, the City Council has received the comments favoring the grant to the conditional use permit from City Staff and planners; and, WHEREAS, the City Council of the City of Oak Park Heights determines it to be in the best interests of the citizens of the City of Oak Park Heights to grant the request for conditional use permit in the manner and form applied for pursuant to the comments and recommendations of City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that said conditional use permit request is herewith granted. Passed by the City Council of the City of Oak Park Heights this 11th day of May, 1987. Frank 0. Sommerf dt, Mayor Attest: �onne Wi lson City Administrator /Treasurer • RESOLUTION NO. 87 -5 -09 CITY OF OAR PARR HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE REZONING OF THE ORCHARD PARK DEVELOPMENT TO RESIDENTIAL BUSINESS TRANSITIONAL DISTRICT (R -B) WHEREAS, application was received by the City of Oak Park Heights from Robert Hagstrom requesting rezoning of the Orchard Park Project from its current zoning status to that of Residential- Business Transitional District (R -B); and, WHEREAS, public hearing was duly held following publication and mailing as required by law on all affected property owners affecting said request; and, WHEREAS, the public has been afforded the opportunity both to comment upon the request of Robert Hagstrom affecting said rezoning and to review all pertinent facts and materials on file and open for public display within the office of the City i Clerk of the City of Oak Park Heights; and, WHEREAS, there was no adverse public comment received with regard to said proposed rezoning; and, WHEREAS, the City Council of the City of Oak Park Heights has received the comments of staff which recommend the approval of the rezoning. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the application of Robert Hagstrom requesting the rezoning of the Orchard Park Project to the zone to be designated as Residential- Business Transitional District (R -B), be and the same is hereby approved. Passed by the City Council of the City of Oak Park Heights this 11th day of May, 1987. Frank 0. Sommerf dt, Mayor Attest: �La ' o I nne Wilson . City Administrator /Treasurer • RESOLUTION NO. 87 -4 -08 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION CONDITIONALLY APPROVING THE FINAL PLAT OF SWAGER'S 9TH ADDITION SUBJECT TO WASHINGTON COUNTY APPROVAL AND AUTHORIZING THE MAYOR AND THE CLERK TO EXECUTE SAME WHEREAS, application for plat approval for Swager's 9th Addition has been previously submitted to the City of Oak Park Heights; and, WHEREAS, pursuant to the City's codes and ordinances affected thereby public hearings have been duly held affecting the proposed platting and land development within said area; and, WHEREAS, all such public hearings and public comment generated thereto have been concluded; and, WHEREAS, recommendations from City staff and planners affecting uses of the proposed platted area, location of municipal utilities and other aspects of development have been addressed through said public hearings; and, WHEREAS, the City Council of the City of Oak Park Heights determines it to be in the best interests of the citizens and residents of the City of Oak Park Heights to grant the application for Swager Bros. 9th Addition as currently proposed by the developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that approval is hereby granted for the final plat of Swager's 9th Addition, subject to Washington County approval. BE IT FURTHER RESOLVED that the Mayor and the Clerk are hereby authorized and directed to execute same on behalf of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 27th day of April, 1987. r Frank O. Sommer 1 t, Mayor Attest: 'LaVonne Wilson City Administrator /Treasurer 0 • • RESOLUTION NO. 87 -4 -07 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DESIGNATING THE NAME OF "COVER PARK" FOR THE LOWER PARK AND RECREATIONAL AREA LOCATED SOUTH OF THE NORTHERN STATES POWER PROPERTY AND WEST OF STAGECOACH TRAIL AND PENROSE AVENUE WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, John Cover was the first mayor of the City of Oak Park Heights; and, WHEREAS, Kerry Cover, his spouse, was a school teacher within the Oak Park Heights - Stillwater area for over 60 years; and, WHEREAS, land over which the parkland owned by the City of Oak Park Heights, located south of the NSP property and west of Penrose and Stagecoach Avenues within the City of Oak Park Heights, has been donated for parkland purposes by Liz Cover; and, WHEREAS, the City Council deems it appropriate to name said lower park area after John Cover, the first mayor of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the lower park area and parklands located south of the NSP property and west of Stagecoach Trail and Penrose Avenue be designated "Cover Park" in honor of John Cover, the first mayor of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 13th day of April, 1987. rank 0."Sommerfe t, Mayor Attest: LaVonne Wilson City Administrator /Treasurer RESOLUTION NO. 87 -3 -06 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING AMENDMENTS TO CHAPTER 701 AND CHAPTER 302 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS RELATING TO HOUSE AND BUILDING NUMBERS (701) AND FURTHER RELATING TO PERMITS FOR CONTRACTORS AND SUBCONTRACTORS PERFORMING WORK WITHIN THE CITY (302) WHEREAS, the City Council of the City of Oak Park Heights has received recommendation from City staff with regard to amendments to the Code of Ordinances of the City of Oak Park Heights relating to the establishment of requirements affecting house and building numbers to be posted upon residential and commercial structures within the City and, further, relating to permits to be issued to contractors and subcontractors for performing work within the City; and, WHEREAS, the City Council of the City of Oak Park Heights has duly caused publication of Notices of Public Hearing to be published within the Stillwater Gazette, pursuant to statute in such case made and provided; and, WHEREAS, said public hearings having been duly held and the city Council having received no adverse comment with regard to the proposed amendments; and, WHEREAS, copies of said proposed amendments have been on file with the City Clerk and been available for public inspection prior to said public hearing; and, WHEREAS, the City Council of the City of Oak Park Heights determines that the proposed amendments which amend Chapter 302, Section 302.03 and Section 302.09 of the Code of Ordinances of the City of Oak Park Heights relating to permits for contractors and subcontractors doing or performing work within the City of Oak Park Heights and the amendments to Chapter 701 of the Code of Ordinances of the City of Oak Park Heights to add a subparagraph D to Section 701.02 requiring specifications to be met with regard to the placement of building numbers upon residential structures, be and the same are hereby determined to be in the best interest of the citizens of Oak Park Heights. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: • 1. That Ordinance No. 87 -302, entitled an "Ordinance Amending Chapter 302, Section 302.03 and Section 302.09 of the Code of Ordinances of the City of Oak Park Heights Relating to Permits for Contractors and Subcontractors Doing or Performing Work Within the City of Oak Park Heights ", be and the same is hereby enacted, and the Mayor and the Clerk are authorized to execute same on behalf of the City of Oak Park Heights. 2. That Ordinance No. 87 -701, entitled an "Ordinance Amending Chapter 701 of the Code of Ordinances of the City of Oak Park Heights Relating to House and Building Numbers ", be and the same is hereby enacted, and the Mayor and the Clerk are herewith authorized to execute same on behalf of the City of Oak Park Heights. 3. That the City Clerk is hereby authorized and directed to cause publication of both of the aforementioned ordinances within the Stillwater Gazette in the manner and form as required by law to become effective. Passed by the City Council of the City of Oak Park Heights this 23rd day of March, 1987. Frank Sommer ld , Mayor Attest: a onne Wilson City Administrator /Treasurer I • RESOLUTION NO. 87 -3 -05 CITY OF OAK PARR HEIGHT'S WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING VFW COMMANDER JAMES COOK FOR HIS BRAVERY IN ASSISTING AND EFFECTING AN ARREST OF A SUSPECT WHILE THE SUSPECT WAS STRUGGLING WITH A POLICE OFFICER FOR THE OFFICER'S WEAPON WHEREAS, the City Council of the City of Oak Park Heights has been made aware from its Police Department that VFW Commander, James Cook, rendered valuable assistance to a peace officer who was attempting to effect an arrest of a suspect; and, WHEREAS, the City Council of the City of Oak Park Heights has been advised that during the attempt of the peace officer to effect the arrest of the suspect, a struggle ensued for the officer's weapon during which time VFW Commander, James Cook, intervened so as to assist the peace officer and prevent • personal injury either to the suspect or the peace officer; and, WHEREAS, the City Council of the City of Oak Park Heights has received the recommendation from its Chief of Police that VFW Commander, James Cook, be commended for his assistance to the peace officer during the incident; and, WHEREAS, the City Council of the City of Oak Park Heights is appreciative of the efforts of VFW Commander, James Cook, in this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that VFW Commander, James Cook, be and the same is hereby commended for his bravery in assisting and effecting an arrest of a suspect while the suspect was struggling for a peace officer's weapon. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to spread this resolution upon the permanent minutes of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this day of 1987. 1�1 • rank 0. Sommer ld , Mayor Attest: �aVnne Wilson City Administrator /Treasurer Id • RESOLUTION NO. 87 - - CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACKNOWLEDGING AND DESIGNATING OUTLOT B OF SWAGER BROS. 9TH ADDITION PLAT AS A BUILDABLE LOT WHEREAS, the City Council of the City of Oak Park Heights has received an application requesting acknowledgment of the City that Outlot B of Swager Bros. 9th Addition Plat be declared a buildable lot; and, WHEREAS, the City Council of the City of Oak Park Heights has received the staff reports from the Building Inspector, City Planner and City Attorney recommending the designation of said parcel of land as a buildable lot within the City of Oak Park Heights, subject to development pursuant to the • zoning ordinances and codes of the City of Oak Park Heights; and, WHEREAS, the City Council of the City of Oak Park Heights has received no adverse public comment with regard to said request; and, WHEREAS, designation of the affected lot as a buildable lot will place same on the tax rolls to the benefit of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that Outlot B of Swager Bros. 9th Addition, as the same is platted and of record in the office of the County Recorder in and for Washington County, Minnesota, be and the same is hereby regarded as a buildable lot for the purposes of application and enforcement of the Code of Ordinances of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 9th day of March, 1987. Frank 0. Sommerf dt, Mayor Attest: � Wilson City Administrator /Treasurer � r • RESOLUTION NO. 87 -2 -03 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE TRANSFER OF REMAINING ASSETS FROM THE IMPROVEMENT BOND FUNDS OF 1976 TO THE CLOSED BOND FUND WHEREAS, the City Council of the City of Oak Park Heights in 1976 did establish the Improvement Bond Fund of 1976 dedicated to the repayment of improvement obligations of the City of Oak Park Heights pursuant to statute in such case made and provided; and, WHEREAS, the City Council of the City of Oak Park Heights has received the recommendation from its auditor and from the City Treasurer recommending the transfer of the remaining assets within said bond fund of 1976, being approximately $60,000 in amount, to be transferred to the Closing Bond Fund; and, • WHEREAS, the City Council of the City of Oak Park Heights has received the opinion of legal counsel that the City is no longer required to maintain said Improvement Bond Fund of 1976, and the proposed transfer is authorized by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the City Treasurer is hereby authorized to transfer the remaining assets of the 1976 Improvement Bond Fund to the Closed Bond Fund, with such assets being transferred being in the approximate amount of $60,000. Passed by the City Council of the City of Oak Park Heights this 9th day of February, 1987. Frank O. Sommer 1 t, Mayor Attest: �ne Wilsori City Administrator /Treasurer • • RESOLUTION NO. 87 -2 -02 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY OF OAK PARK HEIGHTS TO EXECUTE THE JUNKER SANITATION AGREEMENT WHEREAS, the City Council of the City of Oak Park Heights pursuant to ordinance duly adopted reviews from time to time the garbage removal contract with the garbage hauler within the City of Oak Park Heights; and, WHEREAS, there has been presented to the City of Oak Park Heights a sanitation agreement pursuant to said ordinances; and, WHEREAS, said agreement has been reviewed by City staff and recommended for approval; and, • WHEREAS, the City Council has sought the public comment with regard to the adoption of such agreement and has received no adverse public comment with regard thereto; and, WHEREAS, the City Council finds it to be in the best interests of the citizens of the City of Oak Park Heights to execute the proposed sanitation agreement and contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the sanitation agreement as proposed by Junker Sanitation Company be approved, and the Mayor and the Clerk are herewith authorized to execute same on behalf of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this day of ,�° , 1987. Frank 0. Somm feldt, Mayor Attest: `- -ZaVbnne Wilson City Administrator /Treasurer • • • • RESOLUTION NO. 87 -1 -01 CITY OF OAR PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING VARIANCE REQUEST SUBMITTED BY MTR CONCEPTS WHEREAS, the City of Oak Park Heights is in receipt of an application filed by MTR Concepts requesting a variance to lot area requirements of the City's zoning ordinance; and, WHEREAS, the application has been submitted in conformance with the City's ordinances and resolutions affecting requests for variance; and, WHEREAS, notification has been duly published within the Stillwater Gazette as required by law and City ordinance; and, WHEREAS, mailings to affected property owners have been completed as required by ordinance; and, • WHEREAS, public hearings were duly held before the City Council of the City of Oak Park Heights on January 26, 1987, and the City received no adverse comment from the public with regard to same; and, WHEREAS, the City staff has reviewed the application and the City Council is in receipt of the recommendation from the City Planner affecting the requested variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights as follows: 1. That the variance request sought by MTR Concepts requesting an 80 square foot lot area variance is hereby granted. Passed by the City Council of the City of Oak Park Heights this 26th day of January, 1987. Frank O. Sommerf ldt, Mayor Attest: �nne Wilson City Administrator /Treasurer • i • C � •