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HomeMy WebLinkAbout2005 Resolutions CITY OF OAK PARK HEIGHTS REVISED RESOLUTION 05 -01 -01 A RESOLUTION APPROVING APPOINTMENTS FOR THE CITY OF OAK PARK HEIGHTS IN 2005 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following for 2005: Deputy Mayor (Mayor Pro -tem): Jack Doerr Civil Defense Director: Lindy Swanson Deputy Civil Defense Director: Mark Swenson Parks Commission Liaison: Les Abrahamson Parks Commission Liaison Alternate: Mark Swenson Planning Commission Liaison: Mary McComber Planning Commission Liaison Alternate: Jack Doerr Cable Commission - Council: Jack Doerr Cable Commission - Council: Mark Swenson Cable Commission - Citizen: Taking Applications Middle St. Croix WMO: David Beaudet Middle St. Croix WMO Alternate: Les Abrahamson Joint Cooperation Committee: David Beaudet Les Abrahamson Jack Doerr Mary McComber Mark Swenson Chamber of Commerce: David Beaudet Assistant Weed Inspector: Katherine D Widen Coalition of Utilities Cities: David Beaudet Coalition of Utilities Cities 1 St Alternate: Jack Doerr Coalition of Utilities Cities 2nd Alternate: Mary McComber Data Compliance: Judy Holst Nuisance Mediation Committee: David Beaudet Lindy Swanson Nuisance Mediation Committee Resident Liaison: Scott Bol Lower St. Croix River/ Boundary Area Planning: David Beaudet Passed by the City Council of Oak Park Heights this 8th day of February, 20 5. i Oayor , ATTEST: Ze ric. son, City Administrator CITY OF OAK PARK HEIGHTS RESOLUTION 05 -01 -01 • A RESOLUTION APPROVING APPOINTMENTS FOR THE CITY OF OAK PARK HEIGHTS IN 2005 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following for 2005: Deputy Mayor (Mayor Pro -tem): Jack Doerr Civil Defense Director: Lindy Swanson Deputy Civil Defense Director: Mark Swenson Parks Commission Liaison: Les Abrahamson Parks Commission Liaison Alternate: Mary McComber Planning Commission Liaison: Jack Doerr Planning Commission Liaison Alternate: David Beaudet Cable Commission - Council: Jack Doerr Cable Commission - Council: Mark Swenson Cable Commission - Citizen: Taking Applications Middle St. Croix WMO: David Beaudet Middle St. Croix WMO Alternate: Les Abrahamson Joint Cooperation Committee: David Beaudet Les Abrahamson Jack Doerr Mary McComber • Mark Swenson Chamber of Commerce: David Beaudet Assistant Weed Inspector: Katherine D Widen Coalition of Utilities Cities: David Beaudet Coalition of Utilities Cities Alternates: Jack Doerr Mary McComber Data Compliance: Judy Holst Nuisance Mediation Committee: David Beaudet Lindy Swanson Nuisance Mediation Committee Resident Liaison: Scott Bol Lower St. Croix River/ Boundary Area Planning: David Beaudet Passed by the City Council of Oak Park Heights this l It January 2005. David Beaudet, Mayor AT c John ,City Administrator CITY OF OAK PARK HEIGHTS RESOLUTION 05 -01 -02 A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS FOR THE CITY OF OAK PARK HEIGHTS IN 2005 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following consultants for 2005: City Engineer: Bonestroo, Rosene, Anderlik and Associates City Auditor: Tautges, Redpath, Inc. City Planner: Northwest Associated Consultants City Attorney: Eckberg, Lammers, Briggs, Wolff & Vierling City Arborist: Plant Health Associates Passed by the City Council of Oak Park Heights this 11th anuary, 2005 David Beaudet, ayor ATT c A. Johns , City Administrator • CITY OF OAK PARK HEIGHTS RESOLUTION 05 -01 -03 A RESOLUTION DESGNATING THE COURIER NEWS AS THE CITY OF OAK PARK HEIGHTS OFFICAL NEWSPAPER FOR NON -TIME SENSITIVE PUBLICATIONS WHEREAS, the City of Oak Park Heights has determined the need to designate two newspapers as the official newspaper of the City for 2005 due to time sensitive publications. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights designates the Courier News as the official newspaper for publication of non -time sensitive items for 2005. Passed by the City Council of Oak Park Heights thi l It of January, 20 5. v' udet, ayor AT 4John7s�, Eric A City Administrator • • CITY OF OAK PARK HEIGHTS RESOLUTION 05 -01 -04 A RESOLUTION DESIGNATING THE STILLWATER GAZETTE AS THE CITY OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER FOR TIME SENSITIVE MATERIALS WHEREAS, the City of Oak Park Heights has determined the need to designate two newspapers as official newspapers for the City for 2005 due to time sensitive publications; and WHEREAS, for time sensitive publications, the Stillwater Gazette will be the paper used by the City. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights designates the Stillwater Gazette as the official newspaper to handle time sensitive publications for 2005. Passed by the City Council of Oak Park Heights this 11 of January, 2005. • ia Mayor ATT n�ohnson, ty Administrator . CITY OF OAK PARK HEIGHTS RESOLUTION 05 -01 -05 A RESOLUTION DESIGNATING 2005 CHECKING & BANK DEPOSITORIES Central Bank — Checking and Investments Lake Elmo Bank — Investments First State Bank and Trust — Investments US Bank — Investments Jennings State Bank — Investments Eagle Valley Bank - Investments Wells Fargo Bank — Investments League of Minnesota Cities 4M Fund — Investments Salomon Smith Barney — Investments Edward Jones — Investments Northland Securities — Investments Passed by the City Council of Oak Park Heights is 1 lth da January, 2005. • David Beau, Mayor ATT c A. Jo son dministrator • • RESOLUTION 05 -01 -06 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM FIRST STATE BANK & TRUST AND DIRECTING THE FUNDS TO BE UTILIZED BY THE POLICE DEPARTMENT. Whereas, Oak Park Heights business, First State Bank & Trust wishes to donate two - hundred and fifty dollars ($250.00) to the City of Oak Park Heights Police Department; and, Whereas, the City of Oak Park Heights is grateful for First State Bank & Trust's donation and concern for their community. Now, therefore, be it resolved by the City Council of the City of Oak Park Heights that the City shall accept First State Bank & Trust's donation and that the Police Department of the City is authorized to expend such funds for the purposes of enhancing the Department. Passed by the City Council for the City of Oak Park Heights this 11 day of January, • 2005. David Beaudet, Mayor Attest: ric Johnso ity Administrator • • RESOLUTION 05 -02 -08 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTUIONS OF SHARON BAKER WHEREAS, for nearly 30 years Sharon Baker has reported on local issues of concern in the St. Croix River Valley, and WHEREAS, for the past several years Sharon Baker served as the Editor of the Courier News, and WHEREAS, as Editor of the Courier News she wrote many thoughtful editorial columns for public and elected officials to take issue with, and WHEREAS, she understood the local issues and had the ability to find a common sense position in exploring issues of concern. NOW, THEREFORE, BE RESOLVED; that the City of Oak Park Heights . recognizes Sharon Baker for her outstanding contributions to the community and her work as Editor of the Courier News, and FURTHER, BE IT RESOLVED that the City Council encourages all citizens to subscribe to a local newspaper and submit letters to the editor, encourage the local newspaper to remain independent and to maintain a high degree of excellence. Passed by the City Council of Oak Park Heights this 8th day of February, 2005. Q David Beau et A S Mayor ric A. John on City Admi str for RESOLUTION 05 -02 -07 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF WHITETAILS UNLIMITED CHAPTER METRO AREA TO CONDUCT A ONE -DAY RAFFLE AT THE VFW CLUB #323 ON APRIL 9, 2005 WHEREAS, Lindell Blanchette, on behalf of Whitetails Unlimited Chapter Metro Area has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one -day raffle on April 9, 2005 at the site of VFW Post #323, 5880 Omaha Avenue North; and WHEREAS, The City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the raffle permit as applied for by Whitetails Unlimited Chapter Metro Area with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR • THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of Whitetails Unlimited Chapter Metro Area with the State of Minnesota Gambling Control Board to conduct a one -day raffle on April 9, 2005 at the site of the VFW Post #323, 5880 Omaha Avenue North within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 8th day of February, 2005. Ovid 6 Bea ' et TEST: Mayor ric A. Jo s City Ad ni rator • RESOLUTION NO. 05 -02 -09 • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY WAL -MART FOR A CHANGE IN COMPREHENSIVE PLAN LAND USE DESIGNATION FROM CENTRAL BUSINESS DISTRICT TO COMMERCIAL AND A CHANGE IN ZONING FROM CBD, CENTRAL BUSINESS DISTRICT TO B -2, GENERAL BUSINESS DISTRICT FOR PROPERTY AT 5815 NORELL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Wal -Mart for a change in Comprehensive Plan land use designation from Central Business District to Commercial and a change in zoning from CBD, Central Business District to B -2, General Business District for property at 5815 Norell Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the • request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject site and planned Wal -Mart expansion area is designated and zoned as Central Business District. The applicant proposes a change of land use to Commercial and zoning to B -2, General Business District; and 4. City staff prepared a planning report dated January 6, 2005 and January 27, 2005 reviewing the request for a change in the Comprehensive Plan and zoning • classification; and . 5. Said reports provided background information, maps, and analysis of the land use and zoning issues for the CBD; and 6. The Planning Commission held a public hearing at their January 13, 2005 meeting, took comments from the applicants and the public and continued the meeting to a special meeting held on February 1, 2005. The Planning Commission also requested a joint work session with the City Council to discuss the CBD for the same date; and 7. The City Council and Planning Commission held a work session on February 1, 2005 to discuss the Central Business District land use and zoning issues; and 8. At the February 1, 2005 Planning Commission special meeting, the Planning Commission took comments from the applicant, closed the public hearing, and recommended that the land use designation be changed to commercial and the zoning to B -2, General Business District for the Wal -Mart property and expansion area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Wal -Mart for a change in Comprehensive Plan land use designation from Central Business District to Commercial and a change in zoning from CBD, • Central Business District to B -2, General Business District for property at 5815 Norell Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. That approval is contingent upon Metropolitan Council review and approval of the change in land use designation from CBD to Commercial. Approved by the City Council of the 4Daitidbe'a'ulet�, ak ights this 8 da f February 2005. Mayor TEST: Enc A. Jo on, City Administrator 2 • Attachment A Washington County GEO Code: 05.29.20.12.0034 Legal Description: Lots 3 & 4, Block 1, Wal -Mart Additon Physical Address: 5815 Norell Ave. N. ATTACHMENT B • ,s Comprehensive Plan & Zoning District Amendments Wal -Mart Stores, Inc. — 5815 Norell Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: January 5, 2005 Required Approvals: Comm Plan Amendment Rezoninq Planning Commission 4/5 4/5 City Council 4/5 4/5 r r RESOLUTION NO. 05-02-10 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING THE APPLICATION OF WASHINGTON COUNTY SEEKING DETACHMEMT OF LANDS FROM THE CITY OF OAK PARK HEIGHTS WHEREAS, the City of Oak Park Heights received an application dated November 5, 2004 from Washington County as applied for by Mr. Donald Wisniewski, the Director of Public Works, requesting the City to the detachment of certain lands from the City of Oak Park Heights and annex the same to the City of Stillwater; and, WHEREAS, the application as submitted also requested the City to vacate its interest in and to certain tax forfeited lands, and otherwise agree to the detachment and annexation of those lands to the City of Stillwater in order to facilitate the County's future plans for development of its surrounding campus, both for parking lot and building purposes; and, WHEREAS, the County does not have any definite plans that it was able to present relative to future buildings in the northeast corner of the campus, rendering their application premature and speculative at this point in time; and, WHEREAS, the County has not identified what municipal services it requires in order to implement its development goals and plans and projections for the balance of its property within the City of Oak Park Heights, demonstrating cause as to why that could not be accomplished under the ordinances of the City of Oak Park Heights; and, WHEREAS, the City of Oak Park Heights is willing to work with Washington County to facilitate and respond to definite plans for expansion parking facilities, buildings and other improvements under the Code of Ordinances of the City of Oak Park Heights; and, WHEREAS, the City Council for the City of Oak Park Heights has not received ample information from the County identifying why its building proposals could not be implemented under existing regulations provided under the City of Oak Park Heights; and, WHEREAS, the City of Oak Park Heights has, through staff initiative, contacted the City of Stillwater relative to annexation/detachment issues affecting the Washington County Government Center campus and is willing to continue those discussions at a staff level to determine whether or not the mutual interests of both communities affecting land development, public safety, public utility utilization, storm water management, adjacent trunk highway development and related interests can be addressed through future discussions between the two communities; and, WHEREAS, the City Council determines that there is at present no valid public interest to be served by the detachment of its lands at this time as requested by the applicant insofar as: (a) existing public utilities will continue to be provided by the City of Oak Park Heights to the campus of the Government Center notwithstanding requests for changes in municipal boundaries; (b) the adjacent land owners and competing neighborhood interests within the City of Oak Park Heights will still be present regardless of the municipal boundary designation of the property and those interests are best addressed within the City of Oak Park Heights; (c) there are ample opportunities under the development code of the City of Oak Park Heights to facilitate the reasonable utilization of the Washington County Government Center campus with lands located within the City of Oak Park Heights; (d) Washington County has not sufficiently identified nor demonstrated its methods to protect Oak Park Heights existing utilities, roadways and residential neighborhoods within its application; (e) the interests of the City of Oak Park Heights in the replacement, repair and relocation of city utilities which need to remain in to serve County facilities, as well as neighborhood facilities, all being provided through the City of Oak Park Heights have not been sufficiently addressed by the applicant to preserve the ongoing infrastructure needs of the City; (f) Washington County has failed to identify an appropriate plan for repair, maintenance and replacement of 62 Street and Oxboro Avenue and portions of Paris Avenue and/or frontage • roads now serving the government center facility. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: 1. That the application of Washington County as submitted on November 5, 2004 be and the same is hereby denied. 2. City staff is hereby authorized and directed to continue its discussions with the city staff of the City of Stillwater to address mutual concerns and development needs as it affects the Washington County Government Center campus. Passed by the City Council for the City of Oak Park Heights this _ day of February, 2005. David Beaudet Mayor ST: Eric Itrator Ci A • RESOLUTION 05 -03 -15 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE APPLICATION OF STILLWATER VFW POST #323 FOR GAMBLING CONTROL BOARD PREMISES PERMIT FOR OPERATION OF GAMBLING ACTIVITIES WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the Stillwater VFW Post #323 has applied with the State of Minnesota Gambling Control Board for a Premises Permit to operate pull tab activities at the site of the Millroad Inn, 15506 59 Street North, within the City of Oak Park Heights; and WHEREAS, The City of Oak Park Heights has reviewed the application of the Stillwater VFW Post #323 and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the premises permit as applied for by the Stillwater VFW Post #323 with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of the Stillwater VFW Post #323 with the State of Minnesota Gambling Control Board to operate gambling activities on the site of the Millroad Inn located at 15509 59 Street North within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 29 day of March, 2005. a audet T: Mayor ? rnic . Jo son istrator RESOLUTION 05 -02 -11 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION BY THE PARTNERS OF THE ST. CROIX VALLEY AREA COMMUNITY FAMILY CENTER SUPPORTING A FINANCIAL CONTRIBTUION FOR THE POSITION OF A PROJECT COORDINATOR WHEREAS, the partners of the St. Croix Valley Area Community Family Center are committed to developing an integrated facility to meet the educational, recreational and wellness needs of families and individuals in the St. Croix Valley; and WHEREAS, the partners of the St. Croix Valley Area Community Family Center have held several meetings over the past year to discuss the initial development of this facility; and WHEREAS, to move the project forward, the partners of the St. Croix Valley Area Community Family Center have agreed that it is necessary to solicit the planning services and expertise of a project coordinator; and WHEREAS, the partners of the guiding team of the St. Croix Valley Area Community Family Center, which consists of the City of Bayport, City of Oak Park Heights, City of Stillwater, Stillwater Area School District, Courage St. Croix, United Way, and YMCA, have each agreed to financially contribute a minimum of $2,000.00 to aid in the financial expenditure toward a project coordinator; and WHEREAS, upon declaration of this financial support, the partners of the St. Croix Valley Area Community Family Center will solicit financial assistance from various agencies to match the financial contribution of the guiding team of the St. Croix Valley Area Community Family Center, to aid in the financial expenditure toward a project coordinator; NOW, THEREFORE, BE IT RESOLVED by the City of Bayport, City of Oak Park Heights, City of Stillwater, Stillwater Area School District, Courage St. Croix, United Way and YMCA do hereby ordain as follows: The partners of the guiding team of the St. Croix Valley Area Community Family Center hereby agree to financially contribute a minimum of $2,000.00 to aid in the financial expenditure toward a project coordinator, and the City of Oak Park Heights specifically agrees to contribute $2,000.00. Passed by the City Council of Oak Park Heights this 22" d day qfiNbruary, 2005. X vidudet ;n Er� ic T: Mayor hnso City 7p inistrator RESOLUTION 05 -03 -12 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF DUCKS UNLIMITED, INC. TO CONDUCT A ONE -DAY RAFFLE AT THE VFW CLUB #323 ON MAY 5, 2005 WHEREAS, Brian Foley, on behalf of Ducks Unlimited, Inc. has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one -day raffle on May 5, 2005 at the site of VFW Post #323, 5880 Omaha Avenue North; and WHEREAS, The City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the raffle permit as applied for by Ducks Unlimited, Inc. with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: • That the application of Ducks Unlimited, Inc. with the State of Minnesota Gambling Control Board to conduct a one -day raffle on May 5, 2005 at the site of the VFW Post #323, 5880 Omaha Avenue North within the City of Oak Park Heights and the same are hereby approved with no waiting period. Passed by the City Council of Oak Park Heights this 8th day of March, 2005. fCn David beaudef Mayor hn or • h RESOLUTION 05 -03 -13 • CITY OF OAK PARK HEIGHTS' RESPONSE OF TRANSPORTATION LETTER FROM THE MINNESOTA DEPARTMENT WHEREAS; In 1958 the Minnesota Department of Transportation formally began looking for a new St. Croix River bridge crossing at the time of construction of a 4 -lane Highway 36 extension from Minneapolis to Stillwater, and WHEREAS; the Minnesota Department of Transportation sounded the St. Croix River bottom in the winter of 1961 -1962 in the central corridor location for a proposed bridge, and WHEREAS; this proposed 1958 new river bridge crossing did not require any highway improvements to the new expanded Highway 36, and WHEREAS; the average annual traffic count crossing the St. Croix River was less than 6,000 vehicles a day, and, due to the lack of funding and downtown in Stillwater business opposition to the loss of through traffic, the project was suspended and WHEREAS; in the early 1970's a new effort began to locate a new bridge across the St. Croix River, with the proposed Highway 212 expansion to four lanes from downtown St. Paul to Wisconsin, due to the lack of funding, in m interest a new 4 -lane freeway to St Paul the project was suspended in 1972, and • WHEREAS; in the 1972 roadway proposal, local business owners saw the massive road way changes to the local highways proposed by the Minnesota Department of Transportation and understand the considerable impact these changes may have on the local business community, and WHEREAS; in the early 1980's a new effort began to locate a new bridge across the St. Croix River, the Minnesota Department of Transportation took the position that bridges in Wild and Scenic Riverways were not reviewable by the National Park Service. The 1995 project was Park conditionally_approved by the City of Oak Park the National 1 Park Service Veto 9n April 1998, Service and Federal District Court and upheld and WHEREAS; in the summer of 1998 renewed efforts began to find a compromise for a new St. Croix River crossing and in the fall of 2000 Braun C compromise was reached DNR most of the to parties, however, the mitigation plan for Wisconsin land use and W 2001 Minnesota remove the existing lift bridge brought on a new project impasse and in January Department of Transportation suspended the project, and WHEREAS; the MNDOT cost estimate to build Highway 36 with the Braun C location and buttonhook freeway design was $169.7 million, an • • WHEREAS; beginning in 2000 an intraregional corridor study began to study the Highway 36 roadway design from the Highway 95 to Interstate Highway 694 determining that the lane capacity of the new bridge would have a direct impact on the existing Highway 36 roadway, and that the increase of traffic crossing a new proposed bridge would require Highway 36 be a freeway from Highway 95 to Interstate 694. The Minnesota Department of Transportation found no support from Lake Elmo, Grant, Pine Springs or Mahtomedi to create a freeway design out of Highway 36, and WHEREAS; in 2002 the 12 -month Trunk Highway Partnership study was completed, which supported converting Highway 36 into a freeway design with buttonhooks interchanges in the Stillwater and Oak Park Heights area, however, many local businesses did not support the study's outcome, and WHEREAS; Congressional Representatives Kennedy and Kind requested $135 million in extra federal funds for the States of Minnesota and Wisconsin's 80% federal funds share of the new St. Croix River bridge, and WHEREAS: in the fall of 2003 the Technical Advisory Group formed by MNDOT, to minimize the impacts of the Highway 36 buttonhook design at their final meeting in March 2004, the TAG did not pass any final recommendations for a Highway 36 design, the conflict between the Minnesota Department of Transportation and the parties could not be resolved, and • WHEREAS; at a joint Oak Park Heights, Stillwater and Washington County workshop held on November 30, 2004 the Minnesota Department of Transportation indicated that the buttonhook freeway highway design would not be part of the Supplemental Environmental Impact Statement and that the 1995 plan will be their preferred highway design (among existing plans). The communities requested the Minnesota Department of Transportation to respond with a plan for additional highway design work and it was agreed that any MNDOT design recommendations were to be included in the Supplemental Environmental Impact Statement must be complete by March 1, 2004, and WHEREAS; Highway 36, with the 1995 roadway design up to the new river crossing, would according to MNDOT estimate, reduce the overall cost of the project from $425 million to $315 million, and WHEREAS; the Minnesota Department of Transportation's response to the affected communities request for Highway 36 design planning is provided in a letter dated January 6, 2005, and given the conditions of further study and the late response time gives no reasonable time for each community to prepare a recommendation to be incorporated into the Supplemental Draft Environmental Impact Statement, and WHEREAS: the 1995 plan submitted to the City in January 2005 by the Minnesota Department of Transportation substantially deviates from_the1995 plan conditionally approved by the City of Oak Park Heights in 1995, and • 4 s w WHEREAS; the Minnesota Department of Transportation indicates that due to the lack of funding and a need to reduce the funding requested to from Congress, Highway 36 freeway buttonhook design will be postponed and be added to the State of Minnesota Transportation Improvement Plan for the year 2025, and WHEREAS; the Minnesota Department of Transportation currently projects that it will only spend $20 million to improve Highway 36 under their latest version of the 1995 plan, and WHEREAS; the cost of the project, local opposition from the freeway design, stopped the Minnesota Department of Transportation from including the Highway 36 buttonhook freeway design proposal into the Supplemental Environmental Impact Statement, and WHEREAS; the City Council of the City of Oak Park Heights indicated in a letter to the Minnesota Department of Transportation in January 2001, that it would not support a new river bridge crossing without improvements to Highway 36. NOW, THEREFORE IT BE RESOLVED, that any proposed Highway 36 improvements must minimize the social, environmental, economic, infrastructure, and community burdens, and local traffic impacts to the City of Oak Park Heights; and BE IT FURTHER RESOLVED; the City of Oak Park Heights in its review of this project will • use, among other review processes, the 2000 municipal consent process to fully explore options, community impacts and economic efficiencies to find an acceptable design solution to Highway 36 that fulfills the best interests of its residents; and BE IT FURTHER RESOLVED; that the City of Oak Park Heights requests that the Minnesota Department of Transportation support the TEA -21 Bill which includes $500,000 for design study to determine a final layout for Highway 36; and BE IT FURTHER RESOLVED; that the City of Oak Park Heights requests that the Minnesota Department of Transportation request the State of Minnesota and Congress to fully fund the local utility relocations and other local economic losses and impacts of this project. Approved by the City Council of the City of Oat eights this 8�' �h 2005. Da ' eaudet, ayor e son rty Administrator ' RESOLUTION NO. 05 -03 -14 • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OFT CT AND RESOLUTION OF THE CITY COUNCIL REQUEST BY WAL -MART FOR AN AMENDED CONDITIONAL USE PERMIT FOR OPEN LOT COMBINATION, SIGN CONDITIONAL SALES AND STORAGESUBDIVISION RM AND VARIANCE AND SITE PLAN/DESIGN GUIDELINE REVIEW BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Wal -Mart for an amended conditional use permit for open and outdoor sales and storage, subdivision and lot combination, sign conditional use permit and variance and site plan/Design Guideline review; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: • l . The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject site and planned Wal -Mart expansion area was designated as a commercial land use in the Comprehensive Plan and was zoned B -2, General Business District by the City Council on February 8, 2005; and 4. City staff prepared a planning report dated February 3, 2005 reviewing the requests by the applicant for the expanded Wal -Mart development; and 5. Said report recommended approval of the applications subject to the fulfillment of conditions; and • • 6. The Planning Commission held a public hearing at their February 10, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Wal -Mart for an amended conditional use permit for open and outdoor sales and storage, subdivision and lot combination, sign conditional use permit and variance and site plan/Design Guideline review and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights is the following: • Amended conditional use permit to allow open and outdoor sales and outdoor storage (includes seasonal garden center, temporary semi and shipping container storage, and remote drive- through pharmacy). • Subdivision/Lot Combination. • Sign Conditional Use Permit and Variance. • • Site Plan/Design Guidelines Review. And subject to the following conditions: 1. The final plat and all required easements shall be subject to review and approval of the City Engineer and City Attorney. 2. All access to Norell Avenue shall be subject to review and approval of the City Engineer. 3. There shall be no drive entrance to the applicant's land extending south from the cul -de- sac terminus of Novak Avenue North (as projected to be built as part of this project). Rather, the driveway access shall be extended due west from the cul -de -sac terminus of Novak Avenue North to the applicant's property. The applicant shall the extend sidewalk/pathway east from the front of its store to the eastern boundary line in a manner approved by the City Planner, 4. A plan for a crosswalk on Norell Avenue and sidewalk access to the front of the Wal- Mart store shall be provided by the applicant subject to review and approval of the City Engineer. 5. All parking shall comply with the minimum dimensional standards of the Zoning Ordinance subject to review and approval of the City. 2 • 6. All lighting shall comply with the minimal standards of the Zoning Ordinance for height, type of fixture, and foot candle levels. 7. The landscape plan is subject to review and approval of the City Arborist. 8. The applicant shall provide the proposed eight foot wood fence and landscaping to fully screen the truck loading and outdoor storage area subject to review and approval of the City. 9. Wheeled semi- trailers shall not be stored on site. Exterior storage shall be limited to shipping containers within the designated area as approved by the City. 10. The grading, drainage and erosion control plans are subject to review and approval by the City Engineer and applicable watershed district. 11. The utility plans are subject to review and approval of the City Engineer. 12. The front elevation sign that reads "We Sell For Less" be removed from the allowable signage. The "Low Prices" sign shall be changed to read "Retail Center." The "Liquor" sign shall not be red in color but shall be a color consistent with the other wall signage. 13. No signage shall be allowed on the south building elevation other than directional and informational signage as allowed in the Zoning Ordinance. • 14. One freestanding monument sign shall be allowed on site that shall be conforming with all provisions of the Zoning Ordinance. The existing pylon sign shall be removed. 15. All trash/recycling activities shall be totally contained within the building or enclosures. There will be no outside dumpster storage. Trash and recycling material pick up shall be limited to the hours between 7 :00 AM and 9:00 PM. The City Council reserves the right of future review and modification to all trash, recycling and trash compactor issues. 16. The applicant shall provide adequate screening, subject to review and approval of the City, of all roof mechanical equipment, The roof equipment shall be painted to match the fagade colors. 17. The Planning Commission is favorable to the proposed building architecture, materials selection, and colors and the City Council hereby finds the design consistent with the City's Design Guidelines. 18. The area identified on the submitted site plan as "gas lease area" shall be deleted and replaced with grass and landscaping. An Amended Conditional Use Permit with a revised site plan will need to be applied for and approved by the City Council before allowing any automotive fuel station operations on the site. • 3 19. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 20. There shall be no exterior storage of automobile parts, parked cars, or related items on the site but used batteries may be stored as per MPCA guidelines in an outside enclosure as shown on the site plans. All other storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order and properly licensed. 21. All noise created from automotive repair operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. No outdoor speaker systems for the automotive repair operation shall be allowed. 22. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County for the Tire and Lube Express. 23. The Tire and Lube Express operation may not accept new customers for service between the hours of 10:00 PM and 6:00 AM. 24. The applicant shall provide battery and oil recycling programs as part of the Tire and Lube Express for small volume generators. 25. A condition of this approval is that the Applicant enter into a Development Agreement as • prepared by the City Attorney and approved by the City Administrator containing provisions including but not limited to, the construction and placement of financial security for site improvements, payment of city connection and park dedication fees, placement of financial security and requirements for extension and construction of City utilities for the site and related water sanitary sewer and storm sewer improvements. 2005. Approved by the City Council of the City of Oak Park Heights this 8 day of March ^� David Beaudet, Mayor ,�' >Jr c A. Jo on, City Administrator 4 Attachment A Washington County GEO Code: 05.29.20.12.0034 Legal Description: Lots 3 & 4, Block 1, Wal -Mart Additon Physical Address: 5815 Norell Ave. N. t ATTACHMENT B i Amended Conditional Use Permit (CUP), Subdivision & Variance Wal -Mart Stores, Inc. — 5815 Norell Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: January 26, 2005 Planning Commission Public Hearing & Recommendation: February 10, 2005 Required Approvals: CUP Amendment. Subdivision & Variance Planning Commission 4/5 City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) CUP Amendment: An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplication for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance 401. (401.03.C.5) Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) • RESOLUTION 0 5 - 0 3 -16 CITY OF OAK PARK HEIGHTS A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM CHRIS AND SHEILA MARIN AND DIRECTING THE FUNDS TO BE UTILIZED BY THE POLICE DEPARTMENT. Whereas, Oak Park Heights residents Chris and Sheila Martin wish to donate twenty - five dollars ($25.00) to the City of Oak Park Heights Police Department; and, Whereas, the City of Oak Park Heights is grateful for their donation and their concern for the community. Now, therefore, be it resolved by the City Council of the City of Oak Park Heights that the City shall accept such donation and that the Police Department of the City is authorized to expend such funds for the purposes of enhancing the Department. Passed by the City Council for the City of Oak Park Heights to day of March, 2005. 6 &ae et, Mayor Eric Jo qh, City Administrator • RESOLUTION 05 -04 -17 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE APPLICATION OF THE AMERICAN CANCER SOCIETY TO HOLD A ONE DAY RAFFLE WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the American Cancer Society has applied with the State of Minnesota Gambling Control Board for an Exempt Permit to conduct a one day raffle at the site of the Stillwater Senior High School, 5701 Stillwater Boulevard North, within the City of Oak Park Heights; and WHEREAS, The City of Oak Park Heights has reviewed the application of the American Cancer Society and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the premises permit as applied for by the American Cancer Society with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of the American Cancer Society with the State of Minnesota Gambling Control Board to operate gambling activities on the site of the Stillwater Area High School located at 5701 Stillwater Boulevard within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights thi4 f April 2005. udet AT Mayor c A. J son City Ad istrator RESOLUTION NO. - -a5= -0 4 -18 • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUN REQUEST BY LOWE "S HOME CENTERS INC. E PERMIT, PLANNED UNIT DEVELOPMENT /COND A CONDITIONAL USE PERMIT FOR REDUCTION HEIG A CONDITIONAL USE G-) A CONDITIONAL USE ERMI FOR OPEN AND OUTDOOR SALES AND STORAGE, AND A CONDITIONAL USE PERMIT AND VARIANCE FOR SIGNAG BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights h received a request from Lowe's Home Centers Inc. for a planned unit development /conditional use permit, a conditional use permit for reduction in parking, a conditional use permit for building height, a conditional use permit for open and outdoor sales and outdoor storage, and a conditional use permit and variance • for signage; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject site is zoned B -3, Highway Business/Warehouse in which retail establishments, as proposed, are a permitted use; and 4. City staff prepared a planning report dated February 3, 2005 reviewing the applications; and • • 5. Said report recommended approval of the applications subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their February 10, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Lowe's Home Centers Inc. for a planned unit development/conditional use permit, a conditional use permit for reduction in parking, a conditional use permit for building height, a conditional use permit for open and outdoor sales and outdoor storage, and a conditional use permit and variance for signage and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights is the following: • Planned unit development/conditional use permit • • Conditional use permit for reduction in parking • Conditional use permit for building height Conditional use permit for open and outdoor sales and outdoor storage • Conditional use permit for wall signs to exceed the allowable area • Variance to allow three signs And subject to the following conditions: 1. City Engineer review and approval of access curb cuts. 2. All City Engineer recommendations for road and traffic upgrades at Highway 5 and 58 Street North and on Memorial Avenue North shall be implemented by the applicant. 3. The applicant shall work with the City Engineer on potential sidewalk locations for 58` Street and Memorial Avenue based upon the City's Park and Trail Plan. Required trails shall be installed by the applicant. 4. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 5. The submitted utility plan should be reviewed and approved by the City Engineer. • 2 • 6. The back of the front facade parapet structures, including all structural steel, shall be painted to match the building facade colors. 7. The applicant shall provide full cut off shoe box style building and parking lot lighting for the site subject to review and approval of City staff. There shall be no flood lighting of building facades. 8. The City Council agrees that it will consider a vacation of Morning Dove Avenue. 9. Review and approval by the City Attorney of the utility easement in the vacated Morning Dove Avenue. 10. The City Council approved the revised front facade design and Lowe's sign as presented at the April 26, 2005 City Council meeting with plans dated April 26, 2005. 11. The applicant shall be required to remove the front facade parapets so that the building complies with the 35 foot height limit if the Lowe's store at this location ceases operations. 12. Submittal of an erosion control plan and approval by the City Engineer. 13. Additional screening shall be provided around the loading area next to Highway 5 subject to review and approval of the City Arborist. The applicants shall revise the plan on the • Highway 5 frontage to provide more plant variety and visual interest subject to review of the City Arborist. 14. Review and approval of the landscape plan by the City Arborist. 15. The applicant shall provide a minimum of 500 parking spaces on site. The City Council shall review the parking requirements for the building before a new tenant is allowed an occupancy permit if the Lowe's store at this location ceases operations. 16. The revised outdoor sales area plan presented at the April 26, 2005 City Council meeting with plans dated April 26, 2005 is approved. 17. A condition of this approval is that the applicant enter into a development agreement, as prepared by the City Attorney and approved by the City Administrator, containing provisions including, but not limited to, the construction and placement of financial security for site improvements, payment of applicable City connection and park dedication fees, placement of financial security and requirements for extension and/or construction of City roadways, utilities for the site and related water, sanitary sewer and storm sewer improvements. • 3 . Approved by the City Council of the City of Oa ark H ghts this of April 2005. Dav d Beau de ayor E ric A. Jo n, City Administrator • • 4 Attachment A Legal Description: Lot 2, Block 1, Oak Park Station ATTACHMENT B i Planned Unit Development (PUD) /Conditional Use Permit (CUP) & Variance Lowe's Home Center Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /2011 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: January 26, 2005 Planning Commission Public Hearing & Recommendation: February 10, 2005 Required Approvals: Planning Commission 3/5 City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) J • RESOLUTION NO. 0 5- 0 5 -19 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY OAK PARK HEIGHTS DEVELOPMENT LLC FOR A COMPREHENSIVE PLAN MAP AMENDMENT, REZONING TO R -3, MULTIPLE FAMILY RESIDENTIAL DISTRICT, CONCEPT /GENERAL PLAN OF DEVELOPMENT PUD AND PRELIMINARY AND FINAL PLAT FOR A 26 UNIT TOWNHOME PROJECT KNOWN AS PINE GROVE GARDENS ON OAKGREEN AVENUE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Oak Park Heights Development LLC for a Comprehensive Plan amendment, rezoning to R -3, Multiple Family Residential District, Concept/General Plan of Development PUD, and Preliminary and • Final Plat for a 26 unit townhome project known as Pine Grove Gardens on Oakgreen Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject site is designated in the Comprehensive Plan as R -B, Residential Business Transitional and it is zoned O, Open Space Conservation. The applicant has requested that the property be redesignated as medium density and rezoned to R -3, Multiple Family Residential District; and • 4. The applicant has requested a Planned Unit Development Concept and General Plan review for the project. The PUD is required to allow access from private driveways; and • 5. City staff prepared planning reports dated March 4, 2005 and May 5, 2005 reviewing the applications, and the May 5, 2005 report recommended approval of the applications subject to conditions; and 6. The City Council, at their March 29, 2005 meeting, voted 3 to 2 to deny approval of the Pine Grove Gardens Comprehensive Plan amendment and rezoning; and 7. The City Council, at their April 12, 2005 meeting, voted to reconsider consideration of the application and to direct the application back to the Planning Commission; and 8. The Planning Commission held a public hearing at their March 10, 2005 and May 12, 2005 meetings, took comments from the applicants and public, closed the public hearing, and recommended the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Oak Park Heights Development LLC for a Comprehensive Plan amendment, rezoning to R -3, Multiple Family Residential District, Concept/General Plan of Development PUD, and Preliminary and Final Plat for a 26 unit townhome • project known as Pine Grove Gardens on Oakgreen Avenue, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights is the following: • Comprehensive Plan Amendment to Medium Density Residential (exclude area identified as Outlot A) 0 Zoning Amendment to R -3, Multiple Family Residential District (exclude area identified as Outlot A) • PUD Concept and General Plan Approval 0 Preliminary and Final Plat And subject to the following conditions: 1. The final plat shall be subject to any comments or requirements imposed by the City Engineer and City Attorney. The City Attorney shall provide comment and recommendation on the proposed separate developable parcel designated as an outlot, with recommendations to be incorporated into the development agreement. All drainage and ponding areas provided in the outlot shall be preserved by easement or otherwise for • the benefit of the overall development and shall be maintained to City standard by the developer or homeowners association. No further development of the outlot shall proceed until the City has taken a final position on the St. Croix River Crossing TH 36 project. 2 • 2. The applicant shall be required to pay a cash park dedication fee based upon the requirements of Section 402.08 of the Subdivision Ordinance. The applicant shall provide the City with a property appraisal acceptable to the City Attorney. 3. The City Council is agreeable to allowing encroachments of decks into the required setbacks, as provided for on a plan approved by City staff. 4. The Police Chief and Fire Chief shall comment on the accessibility of the project for emergency vehicles. 5. The proposed trail locations and applicant's responsibility in construction costs shall be subject to review and approval by the City Council. 6. The applicant shall submit a snow removal plan that shall be subject to the review and approval of City staff. 7. The applicant shall provide updated grading, drainage and utility plans to the City reflecting the revised concept/general plan. All final grading, drainage and utility plans shall be subject to the review and approval of the City Public Works Director and City Engineer and review of the Middle St. Croix Watershed District. • 8. The applicant shall provide updated landscape and tree preservation plans to reflect the revised site plan. The fmal landscape plan and tree preservation plans are subject to review and approval of the City Arborist. 9. The applicant shall provide a photometric plan for the project subject to City staff review and approval. 10. The City Council is agreeable to the garage forward design and general architecture of the project. The siding materials should be steel, concrete masonry board, or an equivalent material approved by City Council. The applicant shall provide building materials samples for City Council review. 11. A development agreement shall be required subject to review and approval of the City Council and City Attorney. 12. The homeowners documents and declarations shall be provided to the City Attorney for his review and approval. 13. The concept/general plan shall be revised to comply with the setback provisions of the Wetland Ordinance, subject to review and approval of the City Engineer. • 3 Approved by the City Council of the City of Oak Park Hei is this 24 day of May 2005. David Beaudet, Mayor ATT c A o on, City Administrator • 4 Attachment A Washington County GEO Code: 04.29.20.22.0009 04.29.20.22.0010 Physical Address: *5769 Oakgreen Ave. N. & Outlots A & B ATTACHMENT B Comprehensive Plan Map Change & Zoning District Amendments Pine Grove Gardens — 5769 Oakgreen Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: February 23, 2005 Public Hearings Conducted: March 10, 2005 & May 12, 2005. Required Approvals: Comp. Plan Amendment Rezoninq Planning Commission 4/5 4/5 City Council 4/5 4/5 RESOLUTION 05 -05 -20 CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA RESOLUTION ADOPTING THE 2005 CITY COUNCIL GOALSETTING AND TEAMBUILDING RETREAT EXECUTIVE SUMMARY WHEREAS, on April 30 2005 the City Council and Staff of the City of Oak Park Heights participated in a comprehensive Goal Setting and Teambuilding Retreat at the St. Croix Bluff Regional Park; and, WHEREAS, the discussions and issues raised at the retreat were effectively communicated and considered. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts and adopts the Executive Summary of the 2005 Leadership — Goal setting — Teambuilding Retreat as an important guidance tool to be utilized by the City Council and Staff BE IT FURTHER RESOLVED that the City Council adopts the following "Values" as fundamental to the mission and success of the City: • Excellence and Quality in the Delivery of Services • Fiscal Responsibility • Ethics and Integrity • Treating Citizens with Respect as our Customers • Positive Relations with the Community • Responsiveness • Visionary Leadership and Planning BE IT FURTHER RESOLVED that the City Council does hereby adopt the following items as its primary objectives for 2005 and 2006: • Effectively plan for the retirement of the Police Chief and Finance Director • Fund Street Reconstruction Projects • Develop A Plan to Improve or Replace Aging Facilities • Reach a Decision of the City's Third Well • Reach a Final Decision on the City's Central Business District Passed by the City Council of Oak Park Heights this 24 day of May, 2005. vid Beau t VJoso Mayor • CITY OF OAK PARK HEIGHTS RESOLUTION 05 -06 -21 A RESOLUTION APPROVING THE APPLICATION OF EAGLES AERIE 94 STILLWATER FOR GAMBLING CONTROL BOARD PREMISES PERMIT FOR OPERATION OF GAMBLING ACTIVITIES WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, Eagles Aerie 94 Stillwater has applied with the State of Minnesota Gambling Control Board for a premises permit renewal application to continue to operate a gambling activity at the site of Eagles Aerie 94, 13523 60 Street North, within the City of Oak Park Heights; and, WHEREAS, the application would be effective through August 31, 2007; and, WHEREAS, the City of Oak Park Heights has reviewed the application of the Eagles Aerie 94 Stillwater and finds that its purposes meet the necessary community standards, proceeds being dedicated to the support of charitable activities within the St. Croix Valley; and, WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the renewal application for the premises permit as applied for by Eagles Aerie 94 Stillwater with the State of Minnesota Gambling Control Board. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of Eagles Aerie 94 Stillwater with the State of Minnesota Gambling Control Board to operate gambling activities on the site of Eagles Aerie 94, 13523 60 Street North within the City of Oak Park Heights through August 31, 2007 and the same are hereby approved. Passed by the City Council of Oak Park Heights this 14th day of June 05. Mayor t* David Beaudet Xd - mistr or Eric A. ohnson CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA RESOLUTION 05 -06 -22 A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF CHUCK OSWALD AS PLANNING COMMISSIONER FOR THE CITY OF OAK PARK HEIGHTS FROM 2003 TO 2005 WHEREAS, Chuck Oswald served as a Planning Commissioner for the City of Oak Park Heights from May 2003 through June 2005; and WHEREAS, the City Council of the City of Oak Park Heights relies upon the recommendations of the Planning Commission to assist in shaping the vision of the City's development and growth; and WHEREAS, Chuck Oswald will continue his public service to the City. Since Fall of 1999 Chuck has served as a volunteer fireman with the City of Bayport; and WHEREAS, Chuck Oswald has worked to assist the City of Oak Park Heights in shaping the vision of the City's development and growth through his many hours of participation as a Commissioner; and • WHEREAS, Chuck Oswald's contribution of time, effort and dedication to the Planning Commission has been valuable and sincerely appreciated. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights commends Chuck Oswald for his years of public service as Planning Commission Representative and acknowledges his dedication and commitment to the interests of the citizens of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 14 day of June 2005. i eau et Attest: Mayor Eric A. Jo s City A in' rator . RESOLUTION NO. 0 5- 0 6- 2 3 OF THE CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A Resolution Directing the Acquisition of Tax Forfeited Lands by the City of Oak Park Heights. Whereas, the City of Oak Park Heights has been notified that a parcel of property within the City has lapsed in tax forfeiture status, and; Whereas, the property is defined by its Washington County Property Identification Number - 34.030.20.31.0116, and; Whereas, Minnesota Statutes 282.01 et seq. allows the local government unit to assume title on behalf of the State of Minnesota for tax forfeited lands allowing them to be put to public use; and, Whereas, the City desires to acquire such property from the State of Minnesota for the following public purposes: park and trail development. • NOW, THEREFORE, BE IT RESOLVED that the City of Oak Park Heights-does herby certify and affirm its intent to acquire such lands for the public good and to use same for park and trail development purposes. BE IT FURTHER RESOLVED that the City Administrator is authorized and directed to prepare and submit the avp.k. V..ate documentation to Washington County to facilitate the acquisition of the Property for the above stated public uses. Passed by the City Council for the City of Oak Park Heights this 14 day of June, 2005. David Beav&4, Mayor Attes Eric J City Administrator • • RESOLUTION 05 -06 -24 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING A TAX INCREMENT FINANCING POLICY WHEREAS, the City Council deems it advisable and in the best interest of the City of Oak Park Heights to adopt policies relating to tax increment financing (TIF). WHEREAS, the City Council intends that these policies not be construed as exclusive but instead to provide general guidelines for addressing TIF in the City and in enacting these policies, the City Council acknowledges that special cases and variations may be required based on the particular facts present in any given situation. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Oak Park Heights that the following policy will be followed in the City of Oak Park Heights: Summary: It is the policy of the City to consider the judicious use of Tax Increment Financing (TIF) • for those projects which demonstrate a substantial and significant public benefit by constructing public improvements in support of developments that will: create new jobs, significantly benefit the City's fiscal future, retain existing employment, eliminate blight, strengthen the economic base of the City, increase property values and tax revenues, reduce poverty, create economic stability, stabilize and upgrade current neighborhoods and areas and implement projects that are consistent with the City's Comprehensive Plan. Policy Considerations: The City of Oak Park Heights will consider providing Tax Increment Financing (TIF) for projects that achieve the following: 1. Demonstrate long -term benefits to the community. 2. Provide quality employment opportunities. 3. Will significantly add to the City's commercial and industrial tax base, by providing a high- quality development. Policy Statements 1. The City intends to use TIF to provide the developer assistance and to provide • direct funding for public improvements. Y • 2. The use of TIF shall be in accordance with Minnesota law. Because changes are frequently made to state law regarding the use of TIF, conflicts in the regulations may arise. If a conflict does arise between this policy and Minnesota law, the more restrictive language shall apply. 3. Projects must be consistent with the City's Comprehensive Plan as determined by the City Council. 4. Projects that promote the completion of major public improvement projects within the City, such as major trunk sanitary or water lines, and major transportation projects are preferred. 5. The level of assistance provided to developers will be determined on a case - by -case basis. When determining the level of assistance the City will judge the quality of the development and/or the quality of the employment opportunities generated. Based on the extent to which the project achieves the policy consideration (1 -3 above), the City will consider providing TIF assistance to projects falling in the following categories: • • Commercial or residential projects that encourage substantial redevelopment of substandard properties. • Research and development; educational entities • Manufacturing companies • Major office, production and warehouse facilities • Multi- family affordable housing projects that meet all of the requirements for tax credits under Section 42 the Internal Revenue Code of 1986 as amended. 6. TIF assistance will be allocated for appropriate statutorily authorized uses, including but not limited to the following: • Land Acquisition • Loans • Site Preparation and improvement • Public Improvements • Demolition • Bonding Costs • Capitalized Interest • • Specifically stated actual costs of legal and engineering fees • Additional Requirements: Application for TIF Assistance must be accompanied with a signed "Development Application" and the payment of a $3,000 non - refundable Application Fee. Additionally a $10,000 escrow payment must accompany application for TIF assistance, these escrow funds are utilized to ensure payment of bond counsel, financial consultants, attorney's fees, etc. The applicant is responsible to pay for all fees related to the application and development of the TIF plan and its implementation. A final Development Agreement outlining terms and conditions of the final TIF plan shall be completed and signed by the City and TIF Applicant. WHEREUPON, said Resolution was declared duly passed and adopted by the City Council for the City of Oak Park Heights this 14 day of June, 2005. David Beaudet, Mayor . ATTEST: 11- Eric John n, ty Administrator • RESOLUTION NO. 0 5- 0 6- 2 5 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY XCEL ENERGY FORCONDITIONAL (FILLING PERMIT FOR LAND RECLAMATION AND GRADING OF LAND) NECESSARY TO INSTALL NEW INTERNAL ROADWAY SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Xcel Energy for a conditional use permit for land reclamation and grading necessary to install a new internal roadway at the Allen S. King Plant, 1103 King Plant Road; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: I. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned Industrial (I), under which power plant and ancillary facilities are a permitted use — subject to the a s issued Conditional Use Permits and River Impact District regulations; and 2. Final drainage plans and design shall be subject to the final review and approval of the City Engineer. 3. Xcel Energy shall submit drainage plans to the Middle St. Croix Water Management Organization for final review, once comments are provided Xcel may then potentially proceed. Comments received shall be provided to the City prior to the commencement of roadway construction. 4. Xcel Energy shall submit drainage plans to Minnesota DNR, Ms. Molly Shodeen for review, once comments are provided Xcel may then potentially proceed. Comments received shall be provided to the City. 5. Prior to roadway construction Xcel Energy pay the City the required tree replacement fee, $2,000, as calculated by City Arborist Kathy Widin. 6. Barbed -wire must be eliminated from the proposed gate /fence. Approved by the City Council of the City of Oak Park Heights this 28 day of June 2005. G� David Beaudet, Mayor Ar.J hA inistra tor Attachment A Washington County GEO Code: 02.029.20.23.0004 Legal Description: Entire Gov't Lots 2 & 3, Section 2, T29, R20 as included in NSP Torrence RT of Title #44483 Physical Address: Xcel Energy, Inc. —A.S. King Plant 1103 King Plant Rd. ATTACHMENT B Conditional Use Permit Xcel Energy /A.S. King Plant — Land Reclamation & Grading Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X1 7 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Planning Commission Public Hearing & Recommendation: June 9, 2005 Required Approvals: CUP City Council 4/5 Conditional Use Permit, - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) RESOLUTION NO. 0 5- 0 6- 2 6 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY BAHR CONSTRUCTION FOR A CONDITIONAL USE PERMIT TO MOVE A SINGLE FAMILY HOME ONTO A VACANT LOT AT 15403 58 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Bahr Construction for a conditional use permit to move a single family home onto a vacant lot at 15403 58 Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: • SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned R -1, Single Family Residential District in which single family dwellings are a permitted use; and 4. Section 401.15.J of the Zoning Ordinance specifies criteria for review of a conditional use permit specific to the relocation of a structure within the City of Oak Park Heights; and 5. City staff prepared a planning report dated May 26, 2005 reviewing the request for the home relocation; and 6. Said planning report recommended that the Planning Commission approve the home relocation with conditions; and • r 7. The Planning Commission held a public hearing at their June 9, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Bahr Construction for a conditional use permit to move a single family home onto a vacant lot at 15403 58 Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. Upon relocation and additional construction, the building shall comply with the applicable requirements of the Uniform Building Code subject to approval of the City's Building Inspector. 2. A performance security of $5,000.00 is provided to the City as specified in Section 401.08 of the Ordinance. • 3. The relocated structure is read for occupancy within eight Y P Y g months from the date of location on the site. 4. A site plan showing an enhanced landscape plan is provided and approved by the City Arborist. 5. Approval of a grading plan by the City Engineer. 6. Submittal of a transportation plan showing the route for moving the structure and a permit from the County for movement on county roads. 7. Review and approval from Excel Energy concerning clearance for movement beneath power lines. 8. Approval of the City Engineer for utility connections and subsequent road patching. 9. The addition of a silt fence along the north side of the property during construction. 10. Deed of conveyance from previous owner to Bahr Construction for this property. 11. Any required State environmental permitting for the site shall be obtained by the applicant and written copies provided to the City within ten days of receipt. 2 • 12. Applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during excavation to ensure that there are not findings of inappropriate buried materials and/or tanks. Should any inappropriate materials be found during excavation, all work shall cease and the City shall be immediately notified. Upon completion of excavation, the specialist will provide written comments to the City that no inappropriate, inconsistent or hazardous materials were found. 13. Submittal of a plan for house movement through Oak Park Heights to the site that addresses clearance under significant trees over the ROW. House moving plans shall require pre - approval by the Chief of Police and City Engineer. 14. A concrete foundation shall be required. Approved by the City Council of the City of Oak Park H ' is this 28 h da e 2005. � e • David Beaudet, Mayor ST: Eric A. ohns , City Administrator • 3 i • Attachment A Washington County GEO Code: 03.029.20.21.0045 Legal Description: Lot 7 & 8, Block 6, Oak Park Addition Physical Address: 15403 58 St. N. • ATTACHMENT B Conditional Use Permit Bahr Construction LLC- Residential Dwelling Move -In (Relocated from Lake Elmo to 15403 58 St. N.) Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: May 25, 2005 Planning Commission Public Hearing & Recommendation: June 9, 2005 • Required Approvals: CUP City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) • • RESOLUTION NO. 05 -07 -27 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY RONALD GULLICKSON FOR A CONDITIONAL USE PERMIT TO EXPAND HIS NON - CONFORMING THREE UNIT DWELLING TO A LAWFUL FOUR UNIT DWELLING AT 5480 STAGECOACH TRAIL NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Ronald Gullickson for a conditional use permit to expand his non - conforming three unit dwelling to a lawful four unit dwelling at 5480 Stagecoach Trail North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: • 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject site is zoned R -2, Low and Medium Density Residential in which multiple family structures of not more than four units may be allowed through a conditional use permit; and 4. City staff prepared a planning report dated July 6, 2005 reviewing the applications; and 5. Said report recommended that the application be approved subject to the fulfillment of conditions; and • • 6. The Planning Commission held a public hearing at their July 14, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Ronald Gullickson for a conditional use permit to expand his non - conforming three unit dwelling to a lawful four unit dwelling at 5480 Stagecoach Trail North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1) Proposed uses of additional rooms and approximate additional square footage of floor area are submitted. 2) New addition and existing structure shall be made compliant with MN State Building Code and Standards Division per section 1306.003 E 1, regarding fire sprinkler systems • and MN Building Conservation Code per section 104 as required by the Building Official. 3) Wall and floor plan is submitted and subject to Building Official Approval. 4) Location of the expansion meets R -2 standards for setbacks. Permission must be granted from adjoining property owner to the north to construct retaining wall and driveway less than five (5) feet from property line. 5) Expansion construction is consistent with the architecture and materials of the existing home. 6) Landscape plan is subject to City Arborist approval. Plan must include demarcation of screening/plantings in accordance with Section 401.15.E. 7) Purchase agreement is submitted from Xcel Energy for the parcel acquisition of seven thousand five hundred and seventy five (7,575) square feet. 8) Grading & drainage plan is submitted and subject to approval of City Engineer and the Middle St. Croix Watershed District. 9) Utility plan is submitted and subject to approval of City Engineer and Public Works Director. • 2 • 10) Construction and occupancy must be complete within nine (9) months of issuance of the conditional use permit. 11) No work may commence until all real estate parcels /lots are legally joined through the City's minor subdivision process into one unified tax parcel. This process requires the submission of a certified survey depicting the current and final property lines and final legal description. 12) A site plan shall be submitted indicating location of at least four outdoor parking spaces, in compliance with the Zoning Ordinance, subject to review and approval of City staff. Approved by the City Council of the City of Oak Park Heights this 26th day of July 2005. DL f iiea t, M ayor AT ST • A. ohnson, City Administrator 3 Attachment A Washington County GEO Code: 03.29.20.31.0007 Legal Description: All that part of the NE1 /4 of the SW % and all that part of the NW1 /4 of the SE1 /4, all in Section 3, Township 29 North, Range 20 West, Washington County, Minnesota, more particularly described as follows, to -wit: Commencing at the center of Section 3, Township29 North, Range 20 West, Washington County, Minnesota, thence Westerly along the Northerly line of said NE1 /4 of SW1 /4 on an assumed bearing of S 888 degrees 47'08 "W (Rec. S88degrees30'W) for 10 rods (165 feet); thence S 2 degrees 13'21 "E (Rec. S1 1 /2degreegsW) and parallel with the East line of said NE1 /4 of SW1 /4 for 72.00 feet; thence N 88 degrees 47'08 "E for 245.55 feet to the Westerly line of Stagecoach Trail North (formerly Stillwater and Point Douglas Road); thence N 13 degrees 46'08 "E • along said Westerly line of Stagecoach Trail No. for 74.52 feet to the North line of said NW1 /4 of SE1 /4; thence S 88 degrees 47'08 "W along said Northerly line NW1 /4 of SE1 /4 for 101.08 feet to the point of beginning. Physical Address: 5480 Stagecoach Trail, N. • ATTACHMENT B Conditional Use Permit Ron Gullickson- 4 -plex Residential Dwelling in R -2 Zoning District ( 5480 Stagecoach Trail, N.) Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: June 29, 2005 Planning Commission Public Hearing & Recommendation: July 14, 2005 Required Approvals: CUP City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) • RESOLUTION NO. 05-07-28 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY DANIEL RADUENZ OF STILLWATER MOTORS FOR A CONDITIONAL USE PERMIT TO ALLOW FOR EXPANSION OF THE STILLWATER MOTORS BUILDING AND OUTDOOR SALES, A VARIANCE FOR WALL SIGNAGE, AND A DESIGN GUIDELINES REVIEW AT 5900 STILLWATER BOULEVARD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Daniel Raduenz of Stillwater Motors for a conditional use permit to allow for expansion of the Stillwater Motors building and outdoor sales area, a variance for wall signage, and a Design Guidelines review at 5900 Stillwater Boulevard; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be • approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject site is zoned B -3, Highway Business District in which open and outdoor sale areas are a listed conditional use; and 4. A variance has been requested to exceed the number and allowable square footage of wall signage; and 5. City staff prepared a planning report dated July 7, 2005 reviewing the applications; and • 6. Said report recommended approval of the applications subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their July 14, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Daniel Raduenz of Stillwater Motors for a conditional use permit to allow for expansion of the Stillwater Motors building and outdoor sales area, a variance for wall signage, and a Design Guidelines review at 5900 Stillwater Boulevard and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. All parking setbacks, curbs and stormwater drainage systems shall be constructed and • brought into compliance with the Zoning Ordinance regulations in accordance with the three and five year phasing plan as indicated on the approved site plans dated 6/15/05. 2. Revisions to the landscape plan showing shade trees along 59 St, the frontage road to Hwy 5, and in appropriate places around the parking area. Revision to the landscape plan shall be reviewed by the City Arborist. 3. The grading, drainage, and utility plans shall be reviewed and approved by the City Engineer and the Browns Creek Watershed District. 4. Customer, employee, and display parking shall be delineated on the site plan and all customer parking stalls shall be appropriately signed. 5. Detailed and completely labeled building elevations shall be resubmitted to show all building materials and colors. A materials board shall be submitted for the City Council review. 6. A detailed photometric plan showing lot perimeter and street centerline foot candles shall be provided. All lighting shall be installed or retrofitted to be in compliance with the lighting standards of the Zoning Ordinance. 7. An approval of the sign variance allowing a total of ten wall signs and eliminating the two 34 square foot "showroom" signs as proposed on the building elevations. The is applicant shall provide an accurate rendering of all wall signs for review and approval of 2 . the City Council. The City Council shall approve the overall number and square footage of allowable wall signage for the project. 8. The applicant shall remove the large pylon sign at the northwest corner of the site and all checkered banners prior to issuance of a certificate of occupancy for the remodeled building. 9. The materials utilized for the proposed trash enclosure shall be the same materials used on the building. 10. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 11. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall be internal to the building. The applicant shall provide a site plan indicating the location of the car storage area and fencing details subject to review and approval of City staff. Any cars under repair that are to be stored outside of the building shall be parked within said car storage area. 12. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. • 13. The outdoor paging system shall be replaced with a personal communication system that is non - audible beyond the property lines. 14. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the Stillwater Motors operation. Approved by the City Council of the City of Oak P ghts this 26`" July 2005. 1 Da au et, ayor oJoAdministrator 3 • Attachment A Washington County GEO Code: 06.029.20.12.0004 & 0014 Legal Description: Lot 1, Block 1, Kern Center Physical Address: 5900 Stillwater Blvd. N. ATTACHMENT B Conditional Use Permit (CUP), Variance (Signage) & Design Guidelines Review Stillwater Motors — 5900 Stillwater Blvd. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: June 29, 2005 Planning Commission Public Hearing & Recommendation: July 14, 2005 Required Approvals: Planning Commission 3/5 City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) r • RESOLUTION NO. 05-07-?,9 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY FOX HOLLOW EAST, LLC FOR APPROVAL OF A PUD GENERAL PLAN AMENDMENT FOR THE FOX HOLLOW DEVELOPMENT, LOCATED SOUTH OF 60 STREET AND WEST OF OSGOOD AVENUE TO ELIMINATE AN OFFICE BUILDING AND MODIFY THE OTHER APPROVED OFFICE BUILDING TO ACCOMMODATE MORE OFFICE SPACE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Fox Hollow East, LLC for approval of a PUD general plan amendment for the Fox Hollow development, located south of 60 Street and west of Osgood Avenue to eliminate an office building and modify the other approved office building to accommodate more office space; and • after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject site is zoned B -2, General Business District in which commercial office buildings are a permitted use; and 4. The City Council approved the PUD general plan of development for the Fox Hollow project in August of 2004; and • 5. An amendment to the PUD is required to make substantial site plan changes for an approved project; and • 6. City staff prepared a planning report dated July 7, 2005 reviewing the application; and 7. Said report recommended that the application be approved subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their July 14, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Fox Hollow East, LLC for groval of a PUD general plan amendment for the Fox Hollow development, located south of 60 Street and west of Osgood Avenue to eliminate an office building and modify the other approved office building to accommodate more office space and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject • to the following conditions: 1. The Planning Commission and City Council find that the 25 foot front yard setback for the office buildings is acceptable as part of the general plan of development approval. 2. Lot 1, Block 1 shall be merged with the adjacent lots for tax purposes and deed restrictions shall be placed upon the lot so no construction can occur on the property in the future. The lot merger and deed restriction documents shall be subject to review and approval of the City Attorney. 3. The parking lot drive aisles shall be properly signed as one -way where applicable. The parking lot signage plan shall be subject to review and approval of the City Engineer. 4. The grading and drainage plans shall be subject to review and approval of the City Engineer and applicable watershed district. 5. The utility plans are subject to review and approval of the City Engineer. 6. The landscape plans, tree removal plans, and preservation plans are subject to review and approval of the City Arborist. 7. All lighting fixtures shall be in compliance with the lighting requirements of the Zoning • Ordinance. 2 ri • 8. The proposed monument sign shall be provided with a landscaped base or planter and the signage portion of the sign must be no more than eight feet in height. 9. The City Council finds that the building design is consistent with the Design Standards. 10. A development agreement amendment as required by the City Attorney, between the City and applicant, subject to review and approval of the City Attorney. 11. All conditions approved by the City Council on August 24, 2004 for the Fox Hollow development general plan of development approval. 12. Any other conditions of City staff and City Council. Approved by the City Council of the Cit gaudet, TMaor s this 26 da my 2005. Da AT ST :� Eric A. J n, City Administrator • 3 1 • Attachment A Washington County GEO Codes: 04.029.20.11.0125 Legal Description: Outlots A -C, Fox Hollow PUD Physical Address: None Assigned Washington County GEO Codes: 04.029.20.11.0126 Legal Description: Lot 1, Block 1, Fox Hollow PUD Physical Address: None Assigned • Washington County GEO Codes: 04.029.20.11.0127 Legal Description: Lot 2, Block 1, Fox Hollow PUD Physical Address: 14937 60 St. N. (Condominium Building) Washington County GEO Codes: 04.029.20.11.0128 Legal Description: Lot 1, Block 2, Fox Hollow PUD Physical Address: 14985 60 St. N. (Office Building) is a ' ATTACHMENT B Planned Unit Development (PUD) Amendment FOX HOLLOW PUD - (FORMERLY EAST OAKS 2 ND ) Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements) /Legal Description(s) Conference With City Staff Upon Application Submittal: June 29, 2005 Planning Commission Public Hearing & Recommendation: July 14, 2005 Required Approvals: PUD Amendment Planning Commission Majority Vote City Council Majority Vote • RESOLUTION NO. 05 -07 -30 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE CITY OF OAK PARK HEIGHTS HAS DETERMINED THAT THE COMPREHENSIVE PLAN LAND USE DESIGNATION OF THE CENTRAL BUSINESS DISTRICT TO BE CHANGED FROM THE CENTRAL BUSINESS DISTRICT DESIGNATION TO COMMERCIAL DESIGNATION IN THE COMPREHENSIVE PLAN WHEREAS, the City of Oak Park Heights has determined that the Comprehensive Plan land use designation of the Central Business District be changed from the Central Business District designation to Commercial designation in the Comprehensive Plan; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the change be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is described as follows, to wit: SEE ATTACHED MAP and 2. The City has developed supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject site is designated and zoned as Central Business District; and 4. City staff prepared a planning report dated July 7, 2005 reviewing the request for a change in the Comprehensive Plan; and 5. Said reports provided background information, maps, and analysis of the land use and zoning issues for the CBD; and • 6. The City Council and Planning Commission held a work session on May 24, 2005 to discuss the Central Business District land use and zoning issues; and • 7. At the July 14, 2005 Planning Commission meeting, the Planning Commission took comments from the applicant, closed the public hearing, and recommended that the land use designation of the Comprehensive Plan be changed to Commercial for the Central Business District area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The City of Oak Park Heights has determined that the Comprehensive Plan land use designation of the Central Business District be changed from the Central Business District designation to commercial designation in the Comprehensive Plan and affecting the real property as follows: SEE ATTACHED MAP Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. That approval is contingent upon Metropolitan Council review and approval of the change in land use designation from Central Business District to Commercial. • Approved by the City Council of the City of Oak Park Heights this 26 th day of July 2005. , aea ayor ST: 1 Eric A. J nso , City Administrator 2 -- Attachment A (MAP) ; l Current area now zoned CBD to be rezoned to B -4 STH 3 I a) rn \ 58th Street RESOLUTION NO. 05 -07 -31 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ELIMINATING THE CENTRAL BUSINESS DISTRICT DESIGN GUIDELINES WHEREAS, the City Council of the City of Oak Park Heights established a Central Business Zoning District at its August 11, 1998 meeting; and WHEREAS, the City of Oak Park Heights recognized the unique nature of the desired development for the Central Business District and established Central Business District Design Guidelines at its May 23, 2000 meeting; and WHEREAS, the City of Oak Park Heights has determined that the Central Business District zone and Design Guidelines are no longer appropriate for guiding the desired development in this area; and WHEREAS, the City of Oak Park Heights Planning Commission, at its July 14, 2005 meeting, recommended that the areas currently zoned Central Business District • be rezoned to a newly created zoning district referred to as B -4, Limited Business District; and WHEREAS, the City of Oak Park Heights Planning Commission, at its July 14, 2005 meeting, recommended that the Central Business District Design Guidelines be eliminated and the areas to be zoned B -4, Limited Business District would be subject to the 1998 City of Oak Park Heights Design Guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS, that the Central Business District Design Guidelines be eliminated and no longer applicable to any area of the City and the areas to be zoned B- 4, Limited Business District would be subject to the 1998 City of Oak Park Heights Design Guidelines. APPROVED by the City Council for the City of Oak Park Heights this 26 day of July 2005. CIT RK HEI By: t�(, Mayor By F . : ATTES / ric A ohnson, City Administrator • RESOLUTION NO. 05 -08 -32 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY EQ LIFE FOR A SITE PLAN REVIEW, DESIGN GUIDELINES REVIEW, AND A SIGN VARIANCE FOR A PORTION OF THE FORMER RAINBOW FOODS STORE LOCATED AT THE OAK PARK PONDS SHOPPING CENTER AT 58 STREET AND NEAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from eq life for a site plan review, Design Guidelines review, and a sign variance for a portion of the former Rainbow Foods store located at the Oak Park Ponds Shopping Center at 58 Street and Neal Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: • 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned PUD, Planned Unit Development in which retail sales and services are a permitted use; and 4. The site plan review is required to consider changes to the front fagade entrance and the rear loading dock/trash storage area. Design Guidelines review is required for the fagade changes to the building; and 5. A sign variance is required to allow a total of five wall signs where two would be permitted; and • • 6. City staff prepared a planning report dated August 4, 2005 reviewing the request for the site plan review, Design Guideline review, and sign variance; and 7. The August 4, 2005 planning report recommended approval of the site plan review, Design Guideline review, and limited sign variance approval subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their August 11, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by eq life for a site plan review, Design Guidelines review, and a sign variance for a portion of the former Rainbow Foods store located at the Oak Park Ponds Shopping Center at 58 Street and Neal Avenue North and affecting the real property as follows: SEE ATTACHMENT A • Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following findings of fact for the sign variance: 1. The applicant proposes to increase the number of signs for eq life, Geek Squad, Caribou Coffee, and PrairieStone Pharmacy to five signs from the allowable two signs. 2. The total requested square footage of signage is significantly less than what is allowed by the Zoning Ordinance. 3. The overpass of Highway 36 and Highway 5 provides a significant visibility barrier for businesses in Oak Park Ponds Shopping Center, resulting in a hardship for advertising this location. 4. Geek Squad, Caribou Coffee, PrairieStone Pharmacy and eq life spa and salon are separate entities within the same retail space not resulting in a multi -tenant condition for calculating allowable signage. The application is approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The variance for signage shall be approved to allow three additional wall signs over the two allowable wall signs for a total of five wall signs. • 2 • 2. The applicant shall provide details on the gate for the trash compactor enclosure and noise information for the compactor for City Council review. 3. All lighting at the rear entrance /loading dock shall be required to be full cut off and compliant with Zoning Ordinance provisions. 4. The Planning Commission makes a finding that the fagade design and materials are in compliance with the Design Standards. 5. No window signage shall be allowed other than store identification, hours of operation and other informational signage at the front door to the business. 6. Any other comments of the City Council or City staff. Approved by the City Council of the City of Oak Park. Heights this 23 da . - fAugust 2005. {' Davi Beaudet, MVor • TE ric A. hnson, City Administrator • 3 Attachment A Washington County GEO Code: 06- 029 -20 -11 -0011 Legal Description: Lot 2, Block 1, Oak Park Ponds Addition (shared with 5801 Neal Ave. N.) Physical Address: 5803 Neal Ave. N. • ATTACHMENT B Site Plan Review, Design Guidelines Review & Signage Variance E.Q. Life — 5803 Neal Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: July 27, 2005 Planning Commission Public Hearing & Recommendation: August 11, 2005 Required Approvals: Planning Commission 3/5 City Council 4/5 Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) RESOLUTION 05 -09 -33 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2006 PROPOSED BUDGET AND GENERAL FUND LEVY WHEREAS, the City Staff has prepared and submitted to the City Council it's proposed budget for calendar year 2006; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights as follows: 1. That the 2006 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $2,999,262.00. • 2. That the City Administrator is hereby authorized and directed to certify to Washington County the Proposed General Fund levy for the City of Oak Park Heights for the calendar year 2006 in the amount of 2,618,920.00. Passed by the City Council for the City of Oak Park Heights this 12th day of September 2005. �-° 7 E 7 i Be e"t, Mayor Att Z4 i� Johnson Admi 'strator 46 RESOLUTION 0 5- 0 9- 3 4 40 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM HAROLD AND ARLINE BROWN AND DIRECTING THE FUNDS TO BE UTILIZED BY THE PARKS DEPARTMENT. Whereas, Oak Park Heights residents, Harold and Arline Brown, wish to donate twenty - five dollars to the City of Oak Park Heights Parks Department; and, Whereas, the City of Oak Park Heights is grateful for Brown's donation and concern for their community. Now, therefore, be it resolved by the City Council of the City of Oak Park Heights that the City shall accept such donation and that the Park's Department of the City is authorized to expend such funds for the purposes of enhancing the Department. Passed by the City Council for the City of Oak Park Heights this 12 day of Septembe 2005. David Beaudet, Mayor ric John , City Administrator • RESOLUTION NO. 05 -09- 35 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING THE OAK PARK HEIGHTS POLICE DEPARTMENT TO MAKE APPLICATION IN CONJUCTION WITH THE STILLWATER AND BAYPORT POLICE DEPARTMENTS TO THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY OFFICE OF TRAFFIC SAFETY FOR ENROLLMENT WITHIN THE SAFE AND SOBER COMMUNITY PROJECT FOR THE PERIOD OF TIME OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006 WHEREAS, Safe and Sober is a National Traffic Safety Campaign designed by the National Highway Traffic Safety Administration seeking to unite national, state and local efforts to reduce impaired driving crashes and increase safety belt and child seat use with enhanced and enforcement efforts in public information and educational activities; and, WHEREAS, the Chief of Police for the City of Oak Park Heights has • recommended to the City Council that the City of Oak Park Heights coordinate and enter into a Grant application with the Stillwater Police Department and the Bayport Police Department to be submitted to the Minnesota Department of Public Safety, Office of Traffic Safety for Grant funds, which would enable the City of Oak Park Heights to enter the Safe and Sober Community's Project for the period of time of October 1, 2005 through September 30, 2006; and WHEREAS, the implementation of the Safe and Sober Program within the Oak Park Heights Community could have a significant effect on public safety by increasing public awareness of the risks associated with highway travel and educating the public as to what can be done to manage those risks by use of seat belts and sober driving and to publicly communicate to the community a special enforcement efforts that are about to be implemented within the community effecting the safe and sober program and also providing a report back to the community with regards to the result achieved through the program; and, WHEREAS, the City Council for the City of Oak Park Heights feels that the best interest and public safety of its citizens could be furthered by applying for the Grant Application in conjunction with the Stillwater Police Department and the Bayport Police Department. f NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the Oak Park Heights Police Department enter into a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled "Safe and Sober Communities" during the period of time from October 1, 2005 through September 30, 2006. BE IT FURTHER RESOLVED, that Chief of Police, Lindy Swanson of the Oak Park Heights Police Department is hereby authorized and directed to execute such agreements as may be necessary to implement the project on behalf of the City of Oak Park Heights Police Department. BE IT FURTHER RESOLVED, that Sgt. Nate Merideth of the Stillwater Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the City of Oak Park Heights Police Department. Passed by the City Council for the City of Oak Park Hei hts this 12 d of September, 2005. David B udet, Mayor • A T: 'BFI A. Jo son City Ad istrator • 1 S RESOLUTION NO. 05 -09 -36 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING A PORTION OF AN ALLEY EASEMENT IN MCMILLAN AND COOLEY'S ADDITION AS CONTAINED WITHIN THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA WHEREAS, the City Council for the City of Oak Park Heights has received a Petition from Washington County requesting the vacation of a public alley; and WHEREAS, The City of Oak Park Heights has agreed with Washington County and the City of Stillwater to transfer lands from Oak Park Heights to Stillwater by Agreement dated October 4, 2005; and WHEREAS, as part of the aforementioned agreement the City of Oak Park Heights has agreed to vacate this alley finding it to be of no public use or benefit. WHEREAS, that it is unlikely that the area now sought for vacation would ever be utilized for purposes of locating a public road; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the City Council for the City of Oak Park Heights does hereby vacate the following lands: " The south 30 feet of the north 50 feet of Lots 16 through 30 Block 5, McMillan and Cooley's Addition to Stillwater, MN. McMillan and Cooley's Addition to Stillwater, MN being amended by the Perfected Plat of the City of Stillwater by Myron Shepard recorded as Document No. 416049 in the Office of the County Recorder, Washington County, Minnesota." BE IT FURTHER RESOLVED, that the City Administrator 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 the land affected thereby. Such notice shall be presented to r the County Auditor - Treasurer who shall enter the same in his transfer records and note upon the instrument over his official signature the words "entered in the transfer records." The notice shall then be filed with the County Recorder, all as required by Minn. Stat. §412.851. Passed by the City Council for the City of Oak Park Heights this 27' day of September, 2005. 1 Beaudet, ayor E T: Eric Johns n City Administrator RESOLUTION NO. 05-09-37 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, NHNNESOTA A RESOLUTION APPROVING DETACHMENT OF LANDS FROM THE CITY OF OAK PARK HEIGHTS AND ANNEXATION OF SAME TO THE CITY OF STILLWATER PURSUANT TO AGREEMENT WHEREAS, the City of Oak Park Heights agreed with Washington County and the City of Stillwater to the detachment of certain lands from the City of Oak Park Heights and annexation of the same to the City of Stillwater all pursuant to the agreement being dated October 4, 2005; and, WHEREAS, the October 4, 2005 agreement as provided also has the City of Oak Park Heights returning to the State of Minnesota its interest in and to certain tax forfeited lands, and otherwise agreeing to the detachment and annexation of those lands to the City of Stillwater in order to facilitate the County's future plans for development of its surrounding campus, both • for parking lot and building purposes all pursuant to the signed Agreement; and, WHEREAS, the City Council for the City of Oak Park Heights has previously approved the agreement authorizing the detachment and annexation of lands to the City of Stillwater; and, WHEREAS, the City of Oak Park Heights hereby requests by this resolution the Department of Administration - Municipal Boundary Adjustments to detach certain properties described herein from the City of Oak Park Heights and make a part of the City of Stillwater as described in Attachment "A "; and, WHEREAS, the property is situated within the City of Oak Park Heights, abuts the municipal boundary of the City of Stillwater in the County of Washington. The petitioned area abuts on the City of Stillwater's south and east boundary; and, WHEREAS, the property proposed for detachment is urban in character and will be developed to support the Washington County Government Center campus; and, WHEREAS, the number of acres in the property proposed for detachment is 5.85 acres and is described as follows: SEE LEGAL DESRIPTIONS (Attachment A) • WHEREAS, the reason detachment is requested is that the area is be part of the • Washington County Government Center campus which is in the City of Stillwater, the County Seat of Washington County; and, WHEREAS, the subject area will become a parking lot, vehicular access and provide areas for future Washington County Government Center campus planning; and, WHEREAS, the number of residents in the area proposed for detachment is zero; and, WHEREAS, there are no buildings on said properties; and, WHEREAS, The subject property is predominantly owned in fee by Washington County and as such, is exempt from the payment of real property taxes; and, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY OF OAK PARK HEIGHTS, MINNESOTA that it hereby detaches the following legally described property (Attachment A) and allow it to be attached into the corporate limits of the City of Stillwater, Minnesotaon: October 4, 2005 Adopted this 27th day of September, 2005. • Davi udet M or ric JohIsVn, City nistrator • • SCHEDULE A LEGAL DESCRIPTIONS Detachment / Annexation City of Oak Park Heights / City of Stillwater June 09, 2004 November 18, 2004 rev 1 February 04, 2005 rev 2 February 09, 2005 rev 3 July 27, 2005 rev 4 file: d: /gov_ center _parking _lot /detach_annex.doc Page 1 of 4 • • Those parts of Lots 16 through 30 Block 5, Lots 1 through 15 Block 8, together with vacated Wallace Street and that part of Panama Avenue North (platted as Hazel Street) of McMillan and Cooley's Addition to Stillwater, MN., together with any part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 30 North, Range 20 West of the 4 th Principal Meridian, Washington County, Minnesota lying southerly of the south line of the north 20 feet of said Lots 16 through 30 Block 5 and the easterly extension thereof and northerly of the following described Line "V. Line "X" being described as follows: Beginning at a point on the east line of said Southeast Quarter of the Southeast Quarter 262.83 feet north from the southeast corner of said Southeast Quarter of the Southeast Quarter, said point being the intersection of said east line with the north right of way line of State Highway 36, thence westerly parallel with the north line of said Block 8, McMillan and Cooley's Addition to Stillwater, MN. to the west line of said Block 8 and said "Line V there terminating. Together with: The south 30 feet of the north 50 feet of Lots 16 through 30 Block 5, McMillan and Cooley's Addition to Stillwater, MN. McMillan and Cooley's Addition to Stillwater, MN being amended by the Perfected Plat of the • City of Stillwater by Myron Shepard recorded as Document No. 416049. Page 2 of 4 • • Together with: Those parts of Blocks 1 and 2 of MURDOCKS ADDITION TO OAK PARK, those parts of Blocks 1 and 2 now vacated of MURDOCKS ADDITION TO OAK PARK, that part of Hubert Street and that part of 62 Street North (platted as Prairie Street) located in the Southwest Quarter of Section 34, Township 30 North, Range 20 West of the 4 th Principal Meridian, Washington County, Minnesota being described as follows: Beginning at the southeast corner of Lot 1, Block 2, MURDOCKS ADDITION TO OAK PARK; thence West 83.78 feet to the southwest corner of Lot 2 of said Block 2; thence North 189.74 feet to the southwest corner of vacated Lot 27, Block 1 of said MURDOCKS ADDITION TO OAK PARK; thence West 41.88 feet to the southwest corner of vacated Lot 26, Block 1; thence North 139.57 feet to the northwest corner of vacated Lot 26, Block 1; thence West 358.81 feet to the intersection of the south line of vacated Lot 12, Block 1 and the east line of the west 18.00 feet of said vacated Lot 12; thence North 139.42 feet along the east line of the west 18.00 feet of said vacated Lot 12 to the north line of said vacated Lot 12; thence North 25.00 feet, continuing along the last described course, to the centerline of 62 Street North (platted as Prairie Street); thence easterly along said centerline to the northerly extension of the east line of said Block 1; thence southerly along said extension and the easterly line of said Blocks 1 and 2 to the point of beginning. EXCEPT all that part of the Southwest Quarter of Section 34, Township 30 North, Range 20 • West, Washington County, Minnesota described as follows: Vacated Lots 4, 5 and 6, Block 1, MURDOCKS ADDITION TO OAK PARK. Together with: That part of the Southwest Quarter of the Southwest Quarter of Section 34. Township 30 North, Range 20 West, of the 4 th Principal Meridian, Washington County, Minnesota described as follows: Beginning at a point on the west line of said Southwest Quarter of the Southwest Quarter 262.83 feet north from the southwest corner of said Southwest Quarter of the Southwest Quarter, said point is also the intersection of said west line with the north right of way line of State Highway 36; thence East along said right of way line 351.31 feet; thence North, parallel with the east line of Panama Avenue North (platted as Hazel Street, McMillan and Cooley's Addition to Stillwater, MN.) 166.00 feet to the intersection of a line that is parallel with said north right of way line of State Highway 36, said parallel line beginning at a point on said west line of the Southwest Quarter of the Southwest Quarter 890.04 feet South from the centerline of 62 Street North (formerly Prairie Street); thence West along said parallel line 351.20 feet to said west line of the Southwest Quarter of the Southwest Quarter; thence South 166.00 feet to the point of beginning. • Page 3 of 4 • EXCEPT all that part of the Southwest Quarter of the Southwest Quarter, Section 34, Township 30 North, Range 20 West of the 4 th Principal Meridian, Washington County, Minnesota, described as follows: Commencing at a point on the west line of said Southwest Quarter where said west line intersects the north right of way line of State Highway 36; thence East, along said right of way line, 155 feet to the point of beginning; thence continue East, along said north right of way line, 105 feet; thence North, parallel with said west line of the Southwest Quarter, 166 feet; thence West, parallel with said north right of way line, 105 feet; thence South, parallel with said west line of the Southwest Quarter, 166 feet to the point of beginning. ALSO EXCEPT all that part of the Southwest Quarter of the Southwest Quarter, Section 34, Township 30 North, Range 20 West of the 4 th Principal Meridian, Washington County, Minnesota, described as follows: Commencing at a point on the west line of said Southwest Quarter where said west line intersects the north right of way line of State Highway 36; thence East, along said right of way line, 260 feet to the point of beginning; thence continue East, along said north right of way line, 90 feet; thence North, parallel with said west line of the Southwest Quarter, 166 feet; thence West, parallel with said north right of way line, 90 feet; thence South, parallel with said west line of the Southwest Quarter, 166 feet to the point of beginning. Page 4 of 4 THIS PAGE LEFT INTENTIONALLY BLANK • • RESOLUTION 05 -09 -38 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (BOUTWELLS LANDING PROJECT), SERIES 2005, TO REFUND CERTAIN TAX EXEMPT OBLIGATIONS ISSUED BY THE CITY; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF THE BONDS AND VARIOUS DOCUMENTS RELATING THERETO AND APPROVING THE ISSUANCE AND SALE OF THE BONDS WHEREAS, the City of Oak Park Heights, Minnesota (the "Issuer "), is authorized by Chapter 462C, Minnesota Statutes, as amended (the "Act "), to issue revenue bonds for the purpose of financing or refinancing projects including any land, building or other improvement and real or personal property, whether or not in existence, to the end that more adequate residential housing facilities for seniors and low- and middle - income families and persons may • be provided, to enter into financing agreements with others for the purpose of providing revenues to pay such bonds, and further to secure the payment of such bonds; and WHEREAS, pursuant to the terms of the Act, the Issuer issued its (a) $10,000,000 Senior Housing Development Refunding Note (Boutwells Landing Project), Series 2000, (b) its Tax Exempt Loan Participation Notes (Boutwells Landing Project), $10,000,000 Series 2000A, $10,000,000 Series 20000B, and $10,000,000 Series 2000C and (c) its Tax Exempt Loan Participation Notes (Boutwells Landing- McKean Square Project), $10,000,000 Series 2003A, $9,985,000 Series 2003B and $4,015,000 Series 2003C; (collectively, the "Prior Bonds ") to finance the acquisition, installation and construction of 421 residential rental apartment units and site improvements known as Boutwells Landing, McKean Square and Town Centre, located at and adjacent to 5600 Norwich Parkway in Oak Park Heights, Minnesota (the "Project "); and WHEREAS, VSSA Boutwells Landing, LLC, a Minnesota limited liability company (the "Borrower ") has requested the Issuer to issue variable rate demand multifamily housing revenue refunding bonds in the maximum aggregate principal amount of $62,500,000 in accordance with the provisions of the Act and to loan the proceeds thereof to the Borrower to refinance the costs of the Project and refund the outstanding principal amount of the Prior Bonds; and WHEREAS, proposed forms of the following documents (the "Bond Documents ") have been submitted to the City Council of the Issuer (the "Council ") and filed in the office of the City Administrator of the Issuer (the "City Administrator ") and are there available for public • inspection: (a) an Amended and Restated Financing Agreement to be dated as of • November 1, 2005 (the "Financing Agreement "), among the Issuer, the Borrower and U.S. Bank National Association, a national banking association (the "Trustee "); (b) an Amended and Restated Multifamily Note to be dated as of November 1, 2005 (the "Note ") from the Borrower to the Issuer and its Assigns; (c) a Trust Indenture, to be dated as of November 1, 2005 (the "Indenture ") between the Issuer and the Trustee; (d) an Assignment and Intercreditor Agreement to be dated as of November 1, 2005 (the "Intercreditor Agreement "), among the Issuer, the Trustee and the Federal Home Loan Mortgage Corporation, a shareholder -owned government sponsored enterprise organized and existing under the laws of the United States ( "Freddie Mac ") and acknowledged by the Borrower; (e) a Bond Purchase Agreement (the "Bond Purchase Agreement ") among the Issuer, U.S. Bancorp Piper Jaffray Inc. (the "Underwriter ") and the Borrower; and (f) an Official Statement (the "Official Statement ") pertaining to the Bonds as hereinafter defined; and WHEREAS, the Borrower has proposed that the refunding bonds be supported by a • credit enhancement facility (the "Credit Facility ") provided by Freddie Mac; and WHEREAS, the Council desires to issue its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Boutwells Landing Project), Series 2005, in the maximum aggregate principal amount of $62,500,000 (the "Bonds "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA, THAT: Section 1. Abnrovals and Authorizations. The forms of the Bond Documents are hereby approved. The Mayor and the City Administrator are hereby authorized and directed to execute the Bond Documents (except the Official Statement) and to affix the seal of the Issuer thereto and the Mayor and the City Administrator are further authorized and directed to execute and authenticate such other documents, instruments or certificates as are deemed necessary or desirable by bond counsel or the City Attorney in order to issue and secure the Bonds. Such documents are to be executed in substantially the form hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Resolution. Copies of all of the documents shall be delivered, recorded, and filed as provided therein. When executed, the right, title and interest of the Issuer in, to and under the Financing Agreement (except as therein provided) shall have been assigned to the Trustee pursuant to the Indenture and Freddie Mac pursuant to the Intercreditor Agreement. • The use, distribution and circulation of the Official Statement by the Underwriter are hereby approved, ratified, confirmed and authorized, subject to such further amendments or 2 additions thereto as may be required by the Bond Purchase Agreement, and the Underwriter is • hereby authorized to use, distribute and circulate the Official Statement in connection with the marketing of the Bonds. The Mayor and the City Administrator are also hereby authorized and directed to execute such assignments or endorsements of the Note and any mortgages relating to the Prior Bonds or the Bonds as are necessary to carry out the provisions of the Bond Documents. Section 2. Issuance of Bonds. The issuance of the Bonds is hereby authorized and the sale thereof pursuant to the Bond Purchase Agreement is hereby approved. The form of Bonds set forth in the Indenture is hereby approved; the Bonds shall be executed with the manual or facsimile signatures of the Mayor and the City Administrator on the face of the Bonds in substantially such form with appropriate insertions and variations, and the seal of the Issuer or a facsimile thereof is hereby adopted and authorized to be affixed or imprinted thereon; and the Mayor or the City Administrator are authorized and directed to deliver the Bonds to the Trustee for authentication under the Indenture and, when they have been authenticated, to deliver them or cause them to be delivered to the Underwriter pursuant to the Bond Purchase Agreement against receipt of the purchase price as specified therein, plus any accrued interest due, and to deposit the amount so received as provided in the Indenture. Section 3. Terms of Bonds. The Bonds shall be in the maximum aggregate principal amount of $62,500,000, shall be dated as of the date of issue, or as otherwise provided in the Indenture, and shall be issued as fully registered bonds without coupons in denominations of • $100,000 and $5,000 multiples in excess thereof or as otherwise provided in the Indenture. The Bonds may be issued in book -entry -only form. The Bonds shall mature on November 1, 2035 and shall bear monthly or semiannual interest payable on the first or fifteenth day of each month or appropriate semiannual payment dates, as set forth in the Indenture, commencing as soon as practicable after their date of issuance, at a rate or rates which shall be determined as provided in the form of the Bonds and Indenture. The Bonds may be made subject to purchase at the election of the owners thereof, to mandatory redemption prior to maturity and to redemption prior to maturity at the option of the Borrower in such manner as provided in the Indenture. The actual interest rates of the Bonds shall be established by the Underwriter, as remarketing agent, in the manner contemplated by the Indenture, provided that such rates shall not exceed twelve percent (12 %) per annum. The numbers and provisions for redemption of the Bonds, the provisions for tender of the Bonds by the registered owners thereof, the registration and exchangeability privileges, the medium and place of payment, and the priorities in revenues under the Indenture, shall be as set forth (a) in the form of the Bonds, which form is hereby approved and incorporated herein by reference as if set forth in full, and (b) in the form of the Indenture hereinbefore approved and so incorporated. Section 4. Determinations. In accordance with the Act, it is hereby found, determined and declared that: (a) the refinancing of the costs of the Project will promote the public health, welfare, safety, convenience and prosperity by providing more adequate residential housing facilities for elderly and low- and middle- income families and persons; 3 (b) the amount necessary in each year for the payment of maturing principal of and interest on the Bonds shall be determined in the manner and subject to the limitations set forth in the Indenture and the Financing Agreement, under which the maximum amount of interest which may be payable in any year is limited to twelve percent (12 %) on the outstanding principal amount of the Bonds, and the maximum amount of principal which may become payable in any year by reason of maturity, redemption in advance of maturity, or otherwise is the original principal amount of the Bonds, provided that smaller amounts of principal may be payable in particular years by reason of redemptions in advance of maturity; (c) except as may be required by Freddie Mac in connection with the Credit Facility, no reserve funds are required in connection with the retirement of the Bonds or the maintenance of the Project; and (d) the Financing Agreement provides and shall provide that the Borrower shall maintain or cause to be maintained the Project and carry or cause to be carried all proper insurance with respect thereto. Section 5. Authentication of Bonds. The Trustee is hereby requested to authenticate the Bonds and to deliver them to, or upon the order of, the Mayor or the City Administrator. Section 6. Investment of Funds. The Trustee shall be, by virtue of this Resolution and without further authorization from the Issuer, authorized, directed and requested to invest and reinvest all moneys available therefor held by it pursuant to the Indenture which by the terms of the Indenture may be invested, or to deposit and redeposit such moneys in such accounts as may be permitted by the Indenture, at the direction of the Borrower and subject to the terms and limitations contained in the Indenture. Section 7. Incidental Action. The proper officers of the Issuer are hereby authorized and directed to prepare and furnish to bond counsel certified copies of all proceedings and records of the Issuer relating to the Bonds and to execute and deliver such other documents, and to take such other action as may be necessary or appropriate in order to effectuate the delivery of the Bond Documents, the performance of the Issuer's obligations thereunder, and the issuance and sale of the Bonds. The approval hereby given of the various documents referred to above includes the approval of such additional details and revisions therein as may be necessary or convenient to carry out the purposes of this Resolution, and as may be approved by bond counsel or this Resolution, and as may be approved by bond counsel or the City Attorney prior to the execution of the documents. The execution of any instrument by the appropriate officers of the Issuer herein authorized shall be conclusive evidence of the approval by the Issuer of such instrument in accordance with the terms hereof. Section 8. Nature of Oblifzation. Under the provisions of the Act, and as provided in the Financing Agreement and the Indenture, the Bonds shall be special, limited obligations of the Issuer payable solely from, and secured by a pledge of, the revenues derived from the Trust Estate, as defined in the Indenture. The Issuer will not pledge any of its property or secure the 4 payment of the Bonds with its property. The Bonds and the interest thereon shall never i constitute the debt, indebtedness or financial obligation of the Issuer within the meaning of any provision or limitation of the Constitution or statutes of the State of Minnesota and shall neither constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. The Issuer will not pay out of its general fund or otherwise contribute any part of the cost of the Project or the refinancing thereof. Neither the members of the Council nor any officer, employee or agent of the Issuer shall incur any personal liability by reason of the issuance of the Bonds or the other actions contemplated by this Resolution. Section 9. Resolution Irrepealable. After the Bonds are issued, this Resolution shall constitute a contract between the Issuer and the owners of the Bonds and shall remain in force until the Bonds, both principal and interest, shall be fully paid, canceled and discharged. Nothing herein shall prevent the amendment, in accordance with their terms or as may be permitted or required by law, of the documents authorized hereby. Section 10. Ratification. All action heretofore taken by the Issuer and by the officers thereof inconsistent herewith directed toward the refinancing of the costs to the Project incurred to acquire, construct and install senior housing facilities, the refunding, in whole or in part, of the Prior Bonds and the issuance and sale of the Bonds is hereby ratified, approved and confirmed. Section 11. Severabilitv. If any paragraph, clause or provision of this Res except Section 8 hereof, such judgment shall not affect, impair or invalidate remaining paragraphs, clauses or provisions hereof. Adopted: September 27, 2005. By: Its: Mayor ATTE Eric A. son City A inistrator 5 RESOLUTION NO 05 -09 -39 • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY CSM EQUITIES LLC FOR A PUD CONCEPT PLAN REVIEW TO INCLUDE A LOWE'S HOME IMPROVEMENT CENTER AND OTHER RETAIL DEVELOPMENT ON PROPERTY SOUTH OF 60 STREET NORTH AND WEST OF THE PROPOSED NOVAK AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from CSM Equities LLC for a PUD concept plan review to include a Lowe's Improvement Center and other retail development on property south of 60 Street North and west of the proposed Novak Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. • The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned B -4, Limited Business District in which retail sales and services are a permitted use; 4. City staff prepared a planning report dated September 1, 2005 reviewing the request for the PUD concept plan review; and 5. The September 1, 2005 planning report recommended approval of the concept plan review subject to the fulfillment of conditions; and • 6. The Planning Commission held a public hearing at their September 27, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommend that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR • THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by CSM Equities LLC for a PUD concept plan review to include a Lowe's Improvement Center and other retail development on property south of 60 Street North and west of the proposed Novak Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. A preliminary /final plat is submitted as part of the general plan of development. 2. The applicant provide a property appraisal for those areas subject to park dedication. 3. A public hearing shall be held for vacation of existing right -of -way and utility easements. The development agreement shall specify the amount and terms for reimbursement to the City for the vacated right -of -way and easements. 4. The street design of Novak Avenue shall be subject to review and approval of the City • Engineer. The project developers shall dedicate 100 feet of right -of -way for Novak Avenue from the northerly edge of the Xcel power line easement south to 58 Street. 5. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan and required improvements shall be subject to review and approval of the City Engineer. 6. The Planning Commission and Park Commission shall review the public trail and sidewalk system for the area as part of the general plan of development stage. 7. The City Council accepts a 20 foot setback for buildings adjacent to Norwich Avenue North for concept plan approval providing the general plan of development submittal addresses building detailing and landscaping for said buildings and setback area. 8. A 30 foot setback from all parking and drive aisles with plans for berms, fencing and screening be provided at the south property line of the development. The revised plans shall be provided at the general plan of development stage. 9. The building plans for Lowe's to be submitted for general plan of development review shall address screening of roof mechanicals. 10. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. All parking lot islands shall be increased to at least 15 feet in width. 2 • 11. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 12. The Zoning Ordinance parking requirement of six parking spaces per 1,000 square feet may be varied for the Lowe's portion of the development as part of the general plan of development approvals. Applicants shall work with City staff to determine appropriate ratio for the development. 13. The parking lot design shall be revised to comply with all Zoning Ordinance parking stall and drive aisle dimension standards. 14. The general plan of development submittal shall address site details such as pedestrian access, loading areas, and trash enclosures. 15. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 16. The plat shall dedicate right -of -way for Novak Avenue and all required easements as required by the City Engineer and City Attorney. 17. The Planning Commission and City Council shall comment on the design of Novak Avenue including screening, landscaping and boulevards that may be required at the general plan of development review. 18. Detailed architectural plans for the proposed buildings in the project shall be required for g P J q general plan of development review. 19. The architectural appearance of the structures shall be subject to Design Guidelines review as part of the general plan of development consideration. 20. The applicant shall be required to enter into a development agreement with the City subject to review and approval of the City Attorney and City Council. All cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney. 21. The City encourages discussion between Wal Mart and CSM /Lowe's to provide a cross access between the two properties. Approved by the City Council of the gaet, k Park Heights h day of September 2005. Mayor AT arc A. Jo son, City Administrator 3 EXHIBIT A Parcel 1 • All that part of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the Northwest corner of the East 1093.00 feet of said North half of the Northeast Quarter, as measured at a right angle to the East line of said North Half of the Northeast Quarter; thence South 01 degrees 52 minutes 14 seconds East, assumed bearing, along the Westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet to the West line of the East 1013.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to said East line and a point hereinafter referred to as Point "A "; thence South 01 degrees 52 minutes 14 seconds East along said Westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degrees 52 minutes 08 seconds East 363.61 feet to the Southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West along said Southerly line 609.66 feet; thence North 01 degrees 52 minutes 08 seconds West 594.73 feet to a point hereinafter referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West from the before mentioned Point "A "; thence South 89 degrees 51 minutes 37 seconds East along a line, hereinafter referred to as Line "AB ", for 479.01 feet to the intersection with the Westerly line of the East 1193.00 feet of said North Half of the Northeast Quarter; thence North 01 degrees 52 minutes 14 seconds West 633.29 feet to the Northerly line of said North Half of the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds East along said Northerly line a distance of 100.07 feet to the point of beginning. Torrens Property Torrens Certificate No. 60763 Parcel 2 A portion of Tract A, Registered Land Survey No. 114, Washington County, Minnesota. Torrens Property Torrens Certificate No. 57414 (Includes other land) Parcel 3 Outlot B, Haase Addition, according to the recorded plat thereof, Washington County, Minnesota. Torrens Property Torrens Certificate No. 56075 Parcel 4 The northerly 73 feet of the easterly 686.39 feet of Outlot A, BOUTWELLS LANDING, Washington County, Minnesota. AND, The northerly 73 feet of the westerly 83 feet of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West. ATTACHMENT B Planned Unit Development (PUD): Concept Plan CSM Equities — Village At Oak Park Heights Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: August 23, 2005 Planning Commission Public Hearing & Recommendation: September 27, 2005 Required Approvals: Planning Commission 4/5 City Council 4/5 PUD: General Concept — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and /or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) RESOLUTION NO. 05 -10 -40 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS ESTABLISHING LIQUOR LICENSE FEES WHEREAS, the ordinances of the City of Oak Park Heights reserve the authority to establish license fees to the City Council from time to time; and WHEREAS, the City has not experienced a license fee adjustment in the area of on -sale liquor sales since 2004; and WHEREAS, the City Staff has reviewed neighboring communities as it affects fees for licenses charged therein and reviewed administration and enforcement costs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That on -sale liquor license fees shall be established as of January 1, 2006 in the amount of $2,770.00. Passed by the City Council for the City of Oak Park Heights this 11 Day of October 2005. a David Beaudet, Mayor AT ST ric ohnson Adm' strator • RESOLUTION NO. 05-10-41 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS ESTABLISHING TOBACCO LICENSE FEES WHEREAS, the ordinances of the City of Oak Park Heights reserve the authority to establish license fees to the City Council from time to time; and WHEREAS, the City has not experienced a license fee adjustment in the area of tobacco sales since 2004; and WHEREAS, City Staff has investigated the costs associated with code enforcement and administrative expense in the supervision of tobacco licenses within the city, and WHEREAS, the City Staff has reviewed neighboring communities as it affects fees for licenses charged therein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That Class A and Class B tobacco license fees shall be established as of January 1, 2006 in the amount of $150.00. Passed by the City Council for the City of Oak Park Heights this 11 day of October 2005. J Davi eaude , ayor AT tri A Johnson A ' istrator • RESOLUTION NO. 05-10-42 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY UNITED PROPERTIES FOR SIGN VARIANCES TO ALLOW AN INCREASE IN OVERALL PYLON SIGN AREA FOR THE OAK PARK PONDS SHOPPING CENTER AND AN INCREASE IN THE ALLOWABLE SIGN AREA FOR KOWALSKI'S MARKET AT 5801 NEAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from United Properties for sign variances to allow an increase in overall pylon sign area for the Oak Park Ponds Shopping Center and an increase in the allowable sign area for Kowalski's Market at 5801 Neal Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. • The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned PUD, Planned Unit Development in which the retail sales operations are a permitted use for the property; and 4. The sign variances have been requested to allow the Oak Park Ponds pylon sign to be increased to a total of 310 square feet and to allow a total of 520 square feet of total signage for Kowalski's. Under Section 401.15.G, Signs of the Zoning Ordinance, the pylon sign would be limited to 200 square feet and Kowalski's a total of 500 square feet of allowable signage; • • 5. City staff prepared a preliminary report dated October 6, 2005 reviewing the request for the sign variances; and 6. The October 6, 2005 planning report recommended approval of the sign variances subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their October 13, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by United Properties for sign variances to allow an increase in overall pylon sign area for the Oak Park Ponds Shopping Center and an increase in the allowable sign area for Kowalski's Market at 5801 Neal Avenue North and affecting the real property as follows: SEE ATTACHMENT A • Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following findings of fact: 1. The application requests an increase in allowable signage from 200 square feet to 310 square feet for the Oak Park Ponds Shopping Center pylon sign. 2. The application requests an increase in allowable signage from 500 to 520 square feet for Kowalski's Market. 3. The overpass of Highway 36 and Highway 5 provides a significant visibility barrier for businesses in Oak Park Ponds Shopping Center, resulting in a hardship for advertising in this location. The application is approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The Oak Park Ponds area identification pylon sign shall be allowed to be increased in size to a maximum of 310 square feet and contain individual tenant identification. 2. The pylon sign shall not exceed a total height of 35 feet. 3. Kowalski's Market shall be permitted to have up to a total of 520 square feet of wall and freestanding signage. • 2 4. All sign panels shall be lit in accordance with the Zoning Ordinance sign provisions • including the requirement that signs with internal lighting shall include illumination of only the text and/or logo portion of the message. Approved by the City Council of the City of Oak Park Heights this 25 day of October 2005. David Beaudet, Mayor A rhcA. son, City Administrator • 3 • Attachment A Washington County GEO Code: 06- 029 -20 -11 -0011 Legal Description: Lots 2,4, 5 & 6, Block 1, Oak Park Ponds Addition Physical Address: 5801 Neal Ave. N. ATTACHMENT B • ./7C ix .. Sign Variance Oak Park Ponds & Kowalski's Market — 5801 Neal Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) Conference With City Staff Upon Application Submittal: September 28, 2005 Planning Commission Public Hearing & Recommendation: October 13, 2005 Required Approvals: VARIANCE City Council 4/5 Variance - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the variance. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.04.C.4.1 and 2) w . RESOLUTION 05 -10 -43 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION IN SUPPORT OF PRESERVATION OF THE HISTORIC SHODDY MILL BUILDINGS WHEREAS, the City of Oak Park Heights recognizes the historic aspects of the Shoddy Mill and Warehouse buildings and desires that they be given the opportunity to be preserved for future generations; and WHEREAS, the City of Oak Park Heights cannot currently commit to provide adequate funding and necessary resources for the rehabilitation and ongoing maintenance of the Shoddy Mill facilities; and WHEREAS, the City of Stillwater has expressed interest in acquiring the Shoddy Mill facilities for use at a future park site at the Terra Terminal in the City of Stillwater; and WHEREAS, the Minnesota Department of Transportation has determined that the Terra Terminal site would be an acceptable setting for the Shoddy Mill facilities. NOW, THEREFORE, BE IT RESOLVED that the City of Oak Park Heights supports the relocation of the Shoddy Mill and Warehouse Facilities, and MnDOT is hereby requested to pursue an agreement with the City of Stillwater or another governmental unit for relocation and rehabilitation of the Shoddy Mill facilities within the middle St. Croix Valley area. Passed by the City Council of Oak Park Heights this 25th day of October, 2005. v d det A Mayor Eric A. son City inistrator RESOLUTION #05 -11 -44 RESOLUTION OF THE CITY OF OAK PARK HEIGHTS PROCLAIMING NOVEMBER 19, 2005 AS SUPPORT INDEPENDENTLY OWNED LOCAL BUSINESS DAY WHEREAS, studies from a small town in Maine, a Chicago neighborhood and Austin, Texas found that locally owned independent businesses create about two to three times the local economy than businesses that are not locally owned do; and WHEREAS, hometown businesses pay local employees, use goods and services of other locally owned independent businesses and give back to community institutions far more than businesses that are not locally owned; and WHEREAS, shopping on one Saturday in November generates over a million dollars in retail sales in Bayport, Lake Elmo, Oak Park Heights and Stillwater. If these sales all were at locally owned businesses, the local economic benefit to the cities of Bayport, Lake Elmo, Oak Park Heights and Stillwater local economies would be 70 percent higher than if all the sales were at stores not locally owned and operated; and • WHEREAS, locally owned independent businesses make the communities of Bayport, Lake Elmo, Oak Park Heights and Stillwater unique places for people to find shopping and eating experiences; and WHEREAS, locally owned businesses fit into the existing buildings that help to preserve our familiar shopping areas, small scale inviting business places on a human scale and preserving our local buildings and community histories. NOW, THEREFORE, BE IT RESOLVED that the City of Oak Park Heights proclaims November 19, 2005 as "Support Independently Owned Local Business Day" in Bayport, Lake Elmo, Oak Park Heights and Stillwater. Passed by the City Council of Oak Park Heights this 9th day of November, 2005. Davl'&Beaudet Mayor. • Eric hnson Ci inistrator • CITY OF OAK PARK HEIGHTS RESOLUTION 05 -11 -45 A RESOLUTION APPROVING PROPOSED ANNUAL LIQUOR, TOBACCO, AND AMUSEMENT LICENSES WHEREAS, the City Council for the City of Oak Park Heights has received applications for the year 2006 liquor, tobacco, amusement, and bingo licenses from businesses located within the City limits. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that the following licenses (See Exhibit A) are hereby approved. Passed by the City Council Oak Park Heights this 22nd day of • November, 2005. David Beaudet Mayor Att ' a y A W ric Johnson City dministrator • EXHIBIT A • CITY OF OAK PARK HEIGHTS 2006 LICENSES Off -Sale Liquor Licenses Cellars Wines & Spirits of O.P.H., Inc. dba Cellars Wines & Spirits Timark Inc. dba Millroad Inn On -Sale Liquor Licenses Apple American Ltd Ptsp of MN dba Applebee's Neighborhood Grill /Bar Phil's Tara Hideaway Inc. dba Club Tara Hideaway Timark Inc. dba Millroad Inn RT Minneapolis Franchise, LLC., dba Ruby Tuesday Letru Inc. dba Stillwater Bowl & Lounge Stillwater Eagles Aerie 94 dba Stillwater Eagles VFW 323 dba Greeder -Hinds Comfort Post On -Sale Sunday Liquor Licenses Apple American Ltd Ptsp of MN dba Applebee's Neighborhood • Grill /Bar Phil's Tara Hideaway Inc. dba Club Tara Hideaway Timark Inc. dba Millroad Inn RT Minneapolis Franchise, LLC., dba Ruby Tuesday Letru Inc. dba Stillwater Bowl & Lounge Stillwater Eagles Aerie 94 dba Stillwater Eagles VFW 323 dba Greeder -Hinds Comfort Post On -Sale Wine License Dailey Incorporated - dba Carbones Pizza Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill On -Sale Non - Intoxicating Liquor License Dailey Incorporated - dba Carbones Pizza Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill Sky Ventures LLC - dba - Pizza Hut #013822 Off -Sale Non - Intoxicating Liquor License • Cellars Wines & Spirits of O.P.H., Inc. dba Cellars Wines & Spirits Speedway SuperAmerica LLC - dba - SuperAmerica #4549 Speedway SuperAmerica LLC - dba - SuperAmerica #4453 • City of Oak Park Heights 2006 Licenses Page 2 Amusement Licenses Timark Inc. dba Millroad Inn Letru Inc. dba Stillwater Bowl & Lounge Theisen Vending Company for Wal -Mart Store #1861 Tobacco Licenses Cellars Wines & Spirits of O.P.H., Inc. - dba Cellars Wines & Spirits Holiday Stationstore #237 Timark Inc. - dba Millroad Inn Snyder's Drug Store #5075 Speedway Superamerica #4453 Speedway Superamerica #4549 Stillwater Eagles Aerie 94 dba Stillwater Eagles VFW 323 - dba Greeder -Hinds Comfort Post Walgreens #06916 Wal -Mart Stores, Inc. dba Wal -Mart Store #1861 • Bingo Licenses Stillwater Eagles Aerie 94 dba Stillwater Eagles VFW 323 dba Greeder -Hinds Comfort Post • CITY OF OAK PARK HEIGHTS RESOLUTION 05 -11 -46 A RESOLUTION APPROVING OFF -SALE LIQUOR, OFF -SALE NON - INTOXICATING LIQUOR, AND TOBACCO LICENSES FOR LYPALAO COMPANIES LLC WHEREAS, the City Council for the City of Oak Park Heights has received applications for off -sale liquor, non - intoxicating off - sale liquor, and tobacco licenses for Lypalao Companies LLC d /b /a Liquor Time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that the off -sale liquor, non - intoxicating off -sale liquor, and tobacco licenses for Lypalao Companies LLC d /b /a Liquor Time are hereby approved for the period beginning December 15, 2005 and ending December 31, 2005. Passed by the City Council of Oak Park Heights this 22nd day of Nove 2005. David Beaudet Mayor Att Eric A. ohnson City A inistrator • RESOLUTION NO. 2005-09-47 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the City Council of the City of Oak Park Heights has received and acted upon applications of Wal -Mart Stores, Inc. to vacate drainage and utility easements existing in the Plats of WAL -MART ADDITION and Outlot A, HASSE ADDITION, as platted and of record in the City of Oak Park Heights, Washington County, Minnesota; and, WHEREAS, the property owners have agreed to relocate the drainage and utility easements within the new Plat of WAL -MART 2ND ADDITION; and, WHEREAS, the City Council find that there is good and sufficient consideration in the exchange and replacement of the drainage and utility easements between old and new plats. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: is 1. That the existing drainage and utility easements now located in: "Lot Three (3), Block One (1), WAL -MART ADDITION, AND Lot Four (4), Block One (1), WAL -MART ADDITION, According to the plat thereof on file and of record in the office of the Registrar of Titles, in and for the County of Washington and State of Minnesota (Certificate No. 54938) AND OUTLOT A, HASSE ADDITION," be and the same are 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 the land affected thereby. Such notice shall be presented to the County Auditor - Treasurer who shall enter the same in his transfer records and note upon the instrument over his official signature the words "entered in the transfer records." The notice shall then be filed with the County Recorder, all • as required by Minn. Stat. §412.851. Passed and adopted by the City Council for the City of Oak Park Heights, Washington County, Minnesota this 27th day of September, 2005. 0 • • • • DVeaudet,or ES -tr'ic Johnso City Adm' ' trator • • • • • M NOTICE OF COMPLETION OF VACATION PROCEEDINGS CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA TO: Auditor - Treasurer Washington County, Minnesota Please take Notice that the City of Oak Park Heights has completed proceedings for the vacation of the following drainage and utility easements within the City of Oak Park Heights, Washington County, Minnesota: Resolution 2005 -09 -47 1, That the existing drainage and utility easements now located in: "Lot Three (3), Block One (1), WAL -MART ADDITION, AND Lot Four (4), Block One (1), WAL -MART ADDITION, According to the plat thereof on file and of record in the office of the Registrar of Titles, in and for the County of Washington and State of Minnesota (Certificate No. 5493 8) AND OUTLOT A, HASSE ADDITION," be and the same are hereby vacated." Said proceeding was completed on September 27, 2005. The only lands affected thereby are those described above. This notice is presented to the County Auditor - Treasurer who by statute is to enter the same in his transfer records and note upon the instrument over his official signature the words "entered in the transfer records." k Dated this '� day of 9,e c , 2005 CITY OF OAK PARK IGHTS BY \ nc Johns , City A strator 0 • • • F RESOLUTION NO. 2005-09-47 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the City Council of the City of Oak Park Heights has received and acted upon applications of Wal -Mart Stores, Inc. to vacate drainage and utility easements existing in the Plats of WAL -MART ADDITION and Outlot A, HASSE ADDITION, as platted and of record in the City of Oak Park Heights, Washington County, Washington County, Minnesota; and, WHEREAS, the property owners have agreed to relocate the drainage and utility easements within the new Plat of WAL -MART 2ND ADDITION; and, WHEREAS, the City Council find that there is good and sufficient consideration in the exchange and replacement of the drainage and utility easements between old and new plats. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the existing drainage and utility easements now located in: "Lot Three (3), Block One (1), WAL -MART ADDITION, AND Lot Four (4), Block One (1), WAL -MART ADDITION, According to the plat thereof on file and of record in the office of the Registrar of Titles, in and for the County of Washington and State of Minnesota (Certificate No. 54938) AND OUTLOT A, HASSE ADDITION," be and the same is hereby vacated. hall prepare a notice of RESOLVED, that the City pep BE IT FURTHER RES , tY Clerks 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 the land affected thereby. Such notice shall be presented to the County Auditor - Treasurer who shall enter the same in his transfer records and note upon the instrument over his official signature the words "entered in the transfer records." The notice shall then be filed with the County Recorder, all as required by Minn. Stat. §412.851. Passed and adopted by the City Council for the City of Oak Park Heights, Washington County, Minnesota this 27th day of September, 2005. r • RESOLUTION 05 -12-48 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2006 GENERAL FUND LEVY WHEREAS, the City Staff has prepared and submitted to the City Council the proposed general fund levy for calendar year 2006; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed general fund levy as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the City Administrator is hereby authorized and directed to certify to the Washington County Tax Accounting and Research Department the General Fund levy for the City of Oak Park Heights for calendar year 2006 in the amount of $2,474,455.00. Passed by the City Council for the City of Oak Park Heights this 12th day of December 2005. David Beaudet, Mayor Attest: Eric A. Johnson Administrator v' • • s RESOLUTION 05 -12-49 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2006 BUDGET WHEREAS, the City Staff has prepared and submitted to the City Council the proposed budget for calendar year 2006; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights: That the 2006 budget is hereby approved as presented by the City Finance Director in the total General Fund amount of $2,927,772.00. • Passed by the City Council for the City of Oak Park Heights this 12th day of December 2005. David Beaudet, Mayor Attest: , Eric A. Johnson Administrator f` • • • RESOLUTION 05 -12 -50 RESOLUTION CHANGING THE CITY'S MILEAGE REIMBURSEMENT POLICY WHEREAS, the City mileage reimbursement policy was $0.40.5 per mile in 2005; and, WHEREAS, Treasury regulations require that mileage reimbursement over $0.44.5 per mile to be treated as taxable wages. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: That the City's mileage reimbursement policy shall be increased to $0.44.5 per mile as of January 1, 2006 in accordance with Federal Treasury requirements. Passed by the City Council for the City of Oak Park Heights on this 13th day of December, 2005. CITY OF O RK HEIGHTS Davi Beaudet v Attest: Mayor / ErjicJohnson Cinistrator • • • RESOLUTION NO. 0 5 - 11 - 51 • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY CSM EQUITIES LLC FOR A PUD GENERAL PLAN; STREET AND EASEMENT VACATION; PRELIMINARY/FINAL PLAT; AND CONDITIONAL USE PERMITS FOR BUILDING HEIGHT, PARKING AND SIGNAGE; AND A VARIANCE FOR SIGNS TO ALLOW THE OAK PARK COMMONS DEVELOPMENT SOUTH OF 60" STREET AND EAST OF WAL MART APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from CSM Equities LLC for a PUD general plan; street and easement vacation; preliminary /final plat; and conditional use permits for building height, parking and signage; and a variance for signs to allow the Oak Park Commons development south of 60 Street and east of Wal Mart; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park • Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned B-4, Limited Business District in which retail sales and services are a permitted use; and 4. The City Council, at their September 27, 2005 meeting, approved a concept plan for the project known as the Oak Park Commons; and 5. City staff prepared a planning report dated November 3, 2005 reviewing • the request for the PUD general plan and other applications; and r /► 1 • I • • 6. The November 3, 2005 planning report recommended approval of the PUD general plan and other applications subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their November 10, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by CSM Equities LLC for a PUD general plan; street and easement vacation; preliminary /final plat; and conditional use permits for building height, parking and signage; and a variance for signs to allow the Oak Park Commons development south of 60 Street and east of Wal Mart and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. A preliminary/final plat is subject to review and approval of the City Engineer and City Attorney. 2. The applicant provide a copy of the purchase agreement to establish property values for those areas subject to park dedication. Park dedication shall be paid at time of final plat. 3. A public hearing shall be held for vacation of existing right -of -way and utility easements. The development agreement shall specify the amount and terms for reimbursement to the City for the vacated right -of -way. A property appraisal shall be submitted to establish fair market value of the properties that must be conveyed to the applicants. All reimbursement shall be paid to the City at the time of final plat. 4. The street design of Novak Avenue shall be subject to review and approval of the City Engineer. S. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan and required improvements shall be subject to review and approval of the City Engineer. 6. The City Council approves the following private and public trail and sidewalks for the area. Specific sidewalks /trails to be added include: a. The sidewalk on the west side of Novak Avenue North extend from 58 Street to • 60' Street. 2 • • • • b. A trail along 60'' Street North connecting Norwich Avenue and Novak Avenue shall be required. C. A sidewalk connection between Lowe's and Wal Mart to connect the VSSA property to the south and the CSM development to the north. 7. The City Council finds the proposed building layout and setbacks to be adequate and approves the general site plan as proposed. Only Buildings A and B of the CSM development are approved as part of this general plan of development approval. 8. Revised landscape plans and fence details shall be provided for City Council review and approval related to the screening for the south and east property lines of the Lowe's store. 9. The landscape plans shall be revised according to review and approval of the City Arborist. Revised plans shall be submitted prior to City Council review. Tree replacement payments, as calculated by the City Arborist, shall be made at the time of final plat signing. 10. The grading, drainage and utility plans are subject to the review and approval of the Public Works Director, City Engineer, and the Brown's Creek Watershed District and the Middle St. Croix Watershed District. . 11. The City accepts the parking ratio of one space per 237 square feet of floor area for the Lowe's store, resulting in the construction of 529 parking stalls. 12. The trash enclosures shall be relocated or incorporated within Buildings A and B of the CSM development. The applicant shall provide designs and building materials for the enclosures. 13. All parking lot and building lighting for the development shall be compliant with the Zoning Ordinance lighting requirements. 14. Deliveries for the CSM development businesses shall be staged at off -peak hours so as not to create traffic flow issues. 15. The City Council approves the proposed building design and materials for the Lowe's store and CSM development on plans dated 10/12/05. 16. The freestanding monument sign shall not exceed 20 feet in height or include more than 100 square feet of signage area. All signage shall feature light colored text and logos with a dark background. 17. Outdoor storage and sales areas for the Lowe's store shall comply with the plans dated 10/12/05 and approved as part of this application. • 3 • • • s. 18. The project developers shall continue to work with Wal Mart on establishing a cross connection at the front of the Wal Mart and Lowe's buildings. 19. The applicants shall remove the outdoor advertising sign (billboard) adjacent to 60' Street North not more than 90 days after issuance of the first building permit for the project. 20. The applicant shall be required to enter into a development agreement with the City subject to review and approval of the City Attorney and City Council. All cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney. All terms of the development improvements and payment to the City for right -of -way and park dedication shall be specified in the agreement. 21. The applicant shall bear the costs associated with the construction of Novak Avenue. 22. The applicant secure any and all necessary plat approvals and access /right -of -way permits from the Minnesota Department of Transportation, the Brown's Creek Watershed District, and/or the Middle St. Croix Valley Water Management Organization, as may be required. Approved by the City Council of the City of Oak Park Heights this 22 °d day of m • 2005. Davi eau d et, Mayor /E trator 4 • • • ,y EXHIBIT A Parcel 1 All that part of the North Half of the Northeast Quer of Section 5, Range 20 West, Washington County, Minnesota,, described as follows•ownship 29 North, Beginning at the Northwest corner of the East 1093.00 feet of said North half of the Northeast Quarter, as measured at a right angle to the East line of said North Half of the Northeast Quarter; thence South 01 degrees 52 minutes 14 seconds East, assumed bearing, along the Westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet to the West line of the East 1013.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to said East line and a point hereinafter referred to as Point "A "; thence South 01 degrees 52 minutes 14 seconds East along said Westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degrees 52 minutes 08 seconds East 363.61 feet to the Southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West along said Southerly line 609.66 feet; thence North 01 degrees 52 minutes 08 seconds West 594.73 feet to a point hereinafter referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West from the before mentioned Point "A'; thence South 89 degrees 51 minutes 37 seconds East along a line, hereinafter referred to as Line "AB ", for 479.01 feet to the intersection with the Westerly line of the East 1193.00 feet of said North Half of the Northeast Quarter; thence North 01 degrees 52 minutes 14 seconds West 633.29 feet to the Northerly line of said North Half of the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds East along said Northerly line a distance of 100.07 feet to the point of beginning. • Torrens Property Torrens Certificate No. 60763 Parcel 2 A portion of Tract A, Registered Land Survey No. 114, Washington County, Minnesota. Torrens Property Torrens Certificate No. 57414 (Includes other land) Parcel 3 Outlot B, Haase Addition, according to the recorded plat thereof, Washington County, Minnesota. Torrens Property Torrens Certificate No. 56075 Parcel 4 The northerly 73 feet of the easterly 686.39 feet of Outlot A, BOUTWELLS LANDING, Washington County, Minnesota. AND, The northerly 73 feet of the westerly 83 feet of the Southeast Quarter of Section 5, Township 29 North, Range 20 West Quarter of the Northeast • • ATTACHMENT B r.4 Planned Unit Development (PUD): General Plan, Street & Easement Vacation, Preliminary /Final Plat, Conditional Use Permits and Variance CSM Equities — Oak Park Commons (formerly known as Village At Oak Park Heights) Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: October 26, 2005 Planning Commission Public Hearing & Recommendation: November 10, 2005 Required Approvals: Planning Commission 4/5 City Council 4/5 • • • • V?U L y RESOLUTION NO. 0 5 - 11 - 5 2 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY VSSA FOR CONCEPT PLAN APPROVAL FOR A SKILLED CARE ADDITION, MEMORY CARE ADDITION, AND A HISTORIC VILLAGE ON THE BOUTWELLS LANDING CAMPUS AT 58 STREET AND NORWICH AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from VSSA for concept plan approval for a skilled care addition, memory care addition, and a historic village on the Boutwells Landing Campus at 58 Street and Norwich Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: • 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned PUD, Planned Unit Development District in which the proposed uses are permitted and conditional uses; 4. The City staff prepared a planning report dated November 1, 2005 reviewing the request for the PUD concept plan review; and 5. The November 1, 2005 planning report recommended approval of the concept plan review subject to the fulfillment of conditions; and i • • • 6. The Planning Commission held a public hearing at their November 10, • 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by VSSA for concept plan approval for a skilled care addition, memory care addition, and a historic village on the Boutwells Landing Campus at 58 Street and Norwich Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. Concept plan approval shall extend to December 31, 2008 for this application. The applicant shall provide a letter each year by December 31 updating the City Council on the status of the approvals and timeline for project completion. 2. The 28 stall parking lot adjacent to the historic village shall be allowed as proof of parking and constructed as needed or as required by the City. • 3. The City Engineer shall approve all driveway locations from 58 Street. 4. Detailed floor plans with dimensions and square footages shall be provided for general plan of development review. 5. Detailed elevation diagrams with dimensions shall be provided for each building to determine building heights as part of general plan of development review. 6. The City and VSSA should discuss construction of a park shelter in the City park as a joint venture. 7. A sidewalk be constructed on the west side of Norwich Avenue to connect the front of the main campus to 58 Street. 8. The applicant shall submit detailed plans as part of general plan of development review related to off - street parking locations, design and number of stalls. 9. Material samples for all proposed buildings shall be required as part of general plan of development review. 10. The applicant shall submit a detailed lighting plan as part of general plan of development review. 2 • • • . 11. The applicant shall submit tree removal and tree preservation plans subject to review of the City Arborist. 12. The applicant shall submit detailed landscape plans as part of general plan of development approval subject to approval of the City Arborist. 13. Signage details will need to be provided as part of general plan of development approval. 14. A detailed grading and drainage plan will need to be submitted subject to review and approval of the City Engineer. 15. The utility plan is reviewed as part of general plan of development and is subject to review and approval of the City Engineer. 16. A snow removal and storage plan shall be submitted by the applicant. 17. The Police Chief and Fire Chief should comment on any safety vehicle access issues of the access points, driveways, or of the general site plan. 18. The applicant shall work with the City in addressing the issue of medical calls to Boutwells Landing. 19. As part of the General Plan of Development submittal, the applicant shall provide plans to screen the trash handling area. 20. The applicant shall be required to enter into an amended development contract with the City specifying the conditions of approval and address the issues related to phasing the development. Approved by the City Council of the City of Oak Park Heights this 22 day of November 2005. DXBeaudet, ST ric son, City Administrator 3 • • EXHIBIT A Parcel 1 All that part of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the Northwest corner of the East 1093.00 feet of said North half of the Northeast Quarter, as measured at a right angle to the East line of said North Half of the Northeast Quarter; thence South 01 degrees 52 minutes 14 seconds East, assumed bearing, along the Westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet to the West line of the East 1013.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to said East line and a point hereinafter referred to as Point "A "; thence South 01 degrees 52 minutes 14 seconds East along said Westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degrees 52 minutes 08 seconds East 363.61 feet to the Southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West along said Southerly line 609.66 feet; thence North 01 degrees 52 minutes 08 seconds West 594.73 feet to a point hereinafter referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West from the before mentioned Point "A "; thence South 89 degrees 51 minutes 37 seconds East along a line, hereinafter referred to as Line "AB ", for 479.01 feet to the intersection with the Westerly line of the East 1193.00 feet of said North Half of the Northeast Quarter; thence North 01 degrees 52 minutes 14 seconds West 633.29 feet to the Northerly line of said North Half of the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds East along said Northerly line a distance of 100.07 feet to the point of beginning. Torrens Property Torrens Certificate No. 60763 Parcel 2 A portion of Tract A, Registered Land Survey No. 114, Washington County, Minnesota. Torrens Property Torrens Certificate No. 57414 (Includes other land) AND Parcel 3 Outlot B, Haase Addition, according to the recorded plat thereof, Washington County, Minnesota. Torrens Property Torrens Certificate No. 56075 AND The northerly 73 feet of the easterly 686.39 feet of Outlot A, BOUTWELLS LANDING, Washington County, Minnesota. and, The northerly 73 feet of the westerly 83 feet of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West. • • • ATTACHMENT B Planned Unit Development (PUD): General Concept Plan BOUTWELL'S LANDING SKILLED CARE, MEMORY CARE AND HISTORIC VILLAGE ADDITIONS Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: October 26, 2005 Public Hearing: November 10, 2005 • Required Approvals: Planning Commission 4/5 City Council 4/5 PUD: General Concept — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and /or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to 10 proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) • • • s s RESOLUTION# 05 -11 -52 RESOLUTION CALLING FOR A PUBLIC HEARING • ON A PROPOSAL FOR SKILLED HEALTH CARE FACILITIES WITH TAX EXEMPT BONDS AND AUTHORIZING PUBLICATION OF A NOTICE OF THE HEARING (a) WHEREAS, Minnesota Statutes, Section 469.152 to .1651, as amended, relating to municipal industrial development (the "Act "), gives municipalities and economic development authorities the power to issue revenue bonds for the purpose of promotion, attraction, encouragement and development of economically sound commerce, preserving a nd developing a tax base adequate to finance necessary public services, and encouraging employment opportunities for the citizens of the municipality; and (b) WHEREAS, the City Council of the City of Oak Park Heights, Minnesota (the "City "), has received from Valley Senior Services Alliance, a Minnesota nonprofit corporation (the `Borrower "), a proposal that the City assist in financing a project hereinafter described, through the issuance of tax- exempt revenue bonds (the "Bonds "); and (c) The Borrower or a related entity proposes to construct and equip an approximately 110 -bed, 127,000 square foot skilled nursing facility to be located at 5600 Norwich Parkway as part of the Boutwells Landing facility; and • (d) WHEREAS, before proceeding with consideration of the request of the Borrower, it is necessary for the City to hold a public hearing on the proposal. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: 1. A public hearing on the proposal of the Borrower will be held at the time and place set forth in the Notice of Public Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of Bonds to be issued to finance the proposal are described in the attached form of Notice of Public Hearing. 3. Drafts of documents related to the Bonds are on file in the office of the City Administrator. 4. The City staff is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City, not less than 15 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. • 1845710v1 �. • • • Adopted by the City Council of the City of Oak Park ,H Minneso s 22nd day of November, 2005. Mayor qty dministrator 1845710vi 2 R 0 A Resolution by the Cities of Bayport, Oak Park Heights, Stillwater and Baytown Township to Support the Construction of a New 150 -Bed Segregation Unit at the Stillwater Correctional Facility Located in Bayport, Minnesota. WHEREAS; the City of Bayport, the City of Oak Park Heights and the City of Stillwater, and Baytown Township, have positive and long- standing relationships with the Minnesota Department of Corrections Facilities located in Bayport and Oak Park Heights; and, WHEREAS; the Department of Corrections, through its local Citizen Advisory Committees, have provided the local communities information of the events, issues and procedures at the Stillwater Correctional Facility; and, WHEREAS; the Minnesota Department of Corrections has proposed the construction of a 150 -bed, state -of -the -art Segregation Unit at the Stillwater Correctional Facility: and WHEREAS; the Segregation Unit is designed to humanely separate inmates with special mental health needs and difficult -to- handle personalities from the general prison population, and WHEREAS; the construction of the proposed Segregation Unit will have a positive impact on improving correctional officer safety at the Stillwater Correctional Facility. NOW, THEREFORE, BE RESOLVED: the Cities of Bayport, Oak Park Heights, Stillwater and Baytown Township do support the proposed construction of the Segregation Unit at the Stillwater Correctional Facility located in Bayport, Minnesota. Passed by the City Council for the City of Bayport this day of December, 2005. Attest: Mayor City Administrator Passed by the City Council for the City of Oak Park Heights this L5 day of December, Wayor Attest: City Administrator Passed by the City Council for the City of Stillwater this day of December, 2005. Attest: Mayor City Administrator Passed by the Township Board for Baytown Township this day of December, 2005. Attest: Chair Clerk RESOLUTION 05 -12 -54 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM MR. AND MRS. GLENN CRAINE AND DIRECTING THE FUNDS TO BE UTILIZED BY THE POLICE DEPARTMENT. Whereas, Oak Park Heights residents Mr. and Mrs. Glenn Craine wish to donate two - hundred dollars ($200.00) to the City of Oak Park Heights Police Department; and, Whereas, the City of Oak Park Heights is grateful for Mr. and Mrs. Craine's donation and concern for their community. Now, therefore, be it resolved by the City Council of the City of Oak Park Heights that the City shall accept Mr. and Mrs. Craine's donation and that the Police Department of the City is authorized to expend such funds for the purposes of enhancing the Department. Passed by the City Council for the City of Oak Park Heights this 13 day of December, 2005. Davi &Beaudet, Mayor AA e s ` ric son, City Administrator • • RESOLUTION #05 -12 -55 FINAL NOTE RESOLUTION CITY OF OAK PARK HEIGHTS, MINNESOTA $10,000,00 HEALTH CARE REVENUE NOTE OF 2005 (BOUTWELLS LANDING CARL CENTER PROJECT) • ADOPTED: December 27, 200 -5 • 1850404v1 ,f � � . • • • TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS ..................1 1.1 Definitions ""' .....1 ................................................................ ............................... . 1.2 Legal Authorization ................. .............................. 1.3 Findings ................................................................................ ..............................2 1.4 Authorization and Ratification of Project ........................ •.. .. ............................... ........... ............................... ARTICLE 2 NOTE ................................... ..............................4 2.1 Authorized Amount and Form of Note .................................. .............................. 2.2 The Note ................... .........................,...................... ..............................4 2.3 Execution .............................................................................. .............................. 2.4 Delivery of Note ........... ............................... ......................... ..............................4 2.5 Disposition of Note Proceeds • • • • • • • • . • • • " "' 5 2.6 Registration of Transfer ....................................................... .............................. 2.7 Mutilated, Lost or Destroyed Note ........................................ .............................. 2.8 Ownership of Note .......................................................... ............................... . 2.9 Limitation on Note Transfers " " 2.10 Issuance of New Notes ............................ .................. • ..6 ........ ............................... ARTICLE 3 GENERAL COVENANTS ......................... 3.1 Payment of Principal and Interest .......................................... .............................. 3.2 Performance of and Authority for Covenants ...................................................... 7 3.3 Enforcement and Performance of Covenants ......................... .............................. 3.4 Nature of Security ............. ..............................7 3.5 Designation of Qualified Tax Exempt Obligations ................ .............................. ARTICLE 4 MISCELLANEOUS .... ............................... ................... .............................. 4.1 Severability ................. ............................... ........................... ..............................9 4.2 Authentication of Transcript ................................................. .............................. 4.3 Authorization to Execute Agreements ................................... .............................. 1850404vi 1 NOTE RESOLUTION BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: ARTICLE 1 DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1.1 Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: Minnesota Statutes, Section 469.152 through .1651, as amended; Bond Counsel: the firm of Briggs and Morgan, Professional Association, of Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; Borrower: VSSA Care Center, LLC, a Minnesota limited liability company, its • successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; City the City of Oak Park Heights, Minnesota, its successors and assigns; Disbursine Agreement: the Disbursing Agreement to be executed among the Borrower and the Purchaser; Land the real property and any other easements and rights described in Exhibit A attached to the Loan Agreement; Loan Agreement: the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower to finance the Project, including any amendments or supplements thereto made in accordance with its provisions; Note the $10,000,000 Health Care Revenue Note of 2005 (Boutwells Landing Care Center Project), to be issued by the City pursuant to this Resolution and the Loan Agreement; Note Register: the records kept by the City Administrator to provide for the registration of transfer of ownership of the Note; 1850404v1 • • Pledize Agreement: the agreement to be executed by the City and the Purchaser pledging and assigning the Loan Agreement to the Purchaser; Principal Balance: so much of the principal sum on the Note as has been disbursed and remains unpaid at any time; Project (a) the acquisition of the Land which is adjacent to the Company's existing facilities located at 5600 Norwich Avenue; Oak Park Heights; and (b) the construction and equipping of a 110 -bed, approximately 127,000 square foot, skilled nursing facility thereon; Proiect Costs: the total of all "Acquisition Costs" and "Loan and Carrying Charges," as those terms are defined in the Loan Agreement; Purchaser: Piper Jaffray & Co., a Delaware corporation, Minneapolis, Minnesota, its successors and assigns; Refunding: the issuance of bonds to redeem and refund the Note and finance the Project; Resolution: this Resolution of the City adopted December 27, 2005, together with any supplement or amendment thereto; All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instrument as originally executed. The words "herein," "hereof' and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1.2 Legal Authorization. The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the multifamily housing development herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1.3 Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) the City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) the City has made the necessary arrangements with the Borrower for the establishment within the City of a Project as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and execution of the Loan Agreement, the Pledge Agreement and the Note, which documents specify the terms and • conditions of the refinancing of the Project; 1850404v1 2 (3) the proceeds of the Note will be used to finance the Project Costs, including the costs and estimated costs permitted by the Act; (4) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the Project; (5) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City is pledged for the payment of the Note or interest thereon; and (6) the Note is a "qualified 501(c)(3) bond" within the meaning of Section 145(a) of the Internal Revenue Code of 1986 (the "Code ") and is to be issued within the exemption provided under Section 103(a) of the Code; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemption if, and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project; and (7) the City hereby designates the Note as a "qualified tax- exempt obligation" under Section 265(b)(3) of the Code. 1.4 Authorization and Ratification of Proiect. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of the Act and subject to the terns and conditions set forth in the Loan Agreement, to provide for financing the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority. 1850404vi 3 ARTICLE 2 NOTE 2.1 Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form set forth on d or Exhibit A hereto, with such appropriate variations,, omissions t ioe and insertions hereof; ar e an the total required by this Resolution, and in accordance with provisions principal amount of the Note that may be outstanding to Secton2der is expressly limited to $10,000,000 unless a duplicate Note is issued pursuant 2.2 The Note. The Note shall be dated as of the date of delivery, shall be payable at the times o c an such manner, shall bear interest at a rate not to exceed 10% per annum, and shall be other terms and conditions as are set forth in the shall constitute fixing of h in�terest Execution of the Note by the Mayor and Administrator and final maturity date for purposes of the Act. 2.3 Execution. The Note shall be executed on behalf of the City by the signatures owits Mayor u and Administrator and shall be sealed with the seal of the City. In case any shall appear on the Note shall cease to be such officer before the li the same as Note, such signature shall nevertheless be valid and sufficient for all purposes, or the remained in office until delivery. In the event of the absence of the City disability of the Mayor in their Administrator such officers of the City as, in the op behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2.4 Delivery of Note. Before delivery of the Note there shall be filed with the Purchaser (except to the extent waived by the Purchaser) the following items: (1) an executed copy of each of the following documents: (a) the Loan Agreement; (b) the Pledge Agreement; (c) the Disbursing Agreement; (d) a Cost Certificate signed by the Borrower certifying the use of the • proceeds of the Note. issaaoavi 4 (2) an opinion of Counsel for the Borrower as prescribed by Bond Counsel and Purchaser; Note; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Purchaser may reasonably require for the closing. 2.5 Disposition of Note Proceeds. Upon delivery of the Note, the Purchaser shall, on behalf of the City, advance at least $50,000 into the Construction Fund to be held by the Purchaser on behalf of the City as provided in the Disbursing Agreement. Until the Refunding, no amounts in the Construction Fund (except for interest earnings thereon) may be disbursed. If the Refunding has not occurred by December 1, 2006, amounts in the Construction Fund shall be applied to prepay the Note on such date. Earnings on amounts in the Construction Fund may be disbursed to pay interest on the Note. The Purchaser or the Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs. 2.6 Registration of Transfer. The City will cause to be kept at the office of the Administrator a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Purchaser and shall be transferable upon the Note Register by the Purchaser in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the Administrator, duly executed by the Purchaser or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Note of the City of Oak Park Heights, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City with full power of substitution in the premises. The undersigned certifies that the transfer be made in accordance with the provisions of Section 2.9 of the Resolution relating to the above Note. Dated: Registered Owner 1850404vl 5 • j ,NTF -N710 TsLAN�4 Upon such transfer the Administrator shall note the date of registration and the name and address . of the new Purchaser in the Note Register and in the registration blank appearing on the Note. 2.7 Mutilated. Lost or Destroved Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Purchaser's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8 Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9 Limitation on Note Transfers. • The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from . such registration requirements. 2.10 Issuance of New Notes. Subject to the provisions of Section 2.9, the City shall, at the request and expense of the Purchaser, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Purchaser or such transferee as may be designated by the Purchaser. 18 50404v1 6 . ARTICLE 3 GENERAL COVENANTS 3.1 Payment of Principal and Interest,. The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the Pledge Agreement and the Disbursing Agreement, and which revenues and proceeds are hereby, specifically pledged to the payment thereof in the manner and to the extent specified in the.Note, the Loan Agreement, the Pledge Agreement and the Disbursing Agreement; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of . the City. 3.2 Performance of and Authority for Covenants,. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota • including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note, the Loan Agreement, the Pledge Agreement and the Disbursing Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Purchaser is and will be a valid and enforceable special limited obligation of the City according to the terms thereof. 3.3 Enforcement and Performance of Covenants,. The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement and Disbursing Agreement, upon request of the Purchaser and being indemnified to the satisfaction of the City for all expenses and claims arising therefrom, and to perform all covenants and other provisions pertaining to the City contained in the Note and the Loan Agreement and subject to Section 3.4. 3.4 Nature of Security. Notwithstanding anything contained in the Note, the Loan Agreement, the Pledge Agreement or any other document referred to in Section 2.4 to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability • of the City or, to the extent permitted by law, any of the City's officers, employees and agents. 1850404v1 7 No holder of the Note shall ever have the right to compel any exercise of the taxing power of the . City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City other than the revenues pledged under the Pledge Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation, but nothing in the Act impairs the rights of the Purchaser to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Pledge Agreement and the Disbursing Agreement, and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Purchaser; provided that in any event, the agreement of the City . to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement, the Pledge Agreement and the Disbursing Agreement shall be subject at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. 3.5 Desienation of Qualified Tax Exempt Oblieations. The Note is designated by the City as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Code. 1850404v1 8 • • ARTICLE 4 NIISCELLANEOUS 4.1 Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 4.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of • the City as to the correctness of all statements contained therein. 4.3 Authorization to Execute AQ - reements. The forms of the proposed Loan Agreement and Pledge Agreement are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Mayor and of the Administrator of the City are authorized to execute the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the Administrator such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 1850404x1 9 Adopted: December 27, 2005 n Oa r of the City of Oak Park Heights yt • 1850404v1 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS HEALTH CARE REVENUE NOTE OF 2005 (BOUTWELLS LANDING CARE CENTER PROJECT) $10_,000,000 No. R -1 FOR VALUE RECEIVED the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota. (the City) hereby promises to pay PIPER JAFFRAY & CO., in Minneapolis, Minnesota, its successors or registered assigns ( of e TEN 1�,LIO o AND NO/ 00 DOLLARS manner hereinafter provided, the principal sum ($10,000,000), or so much thereof as has been advanced and remains unpaid from time to time (the "Principal Balance "), with interest thereon at the rate of seven and one -half percent (7 /z %) ) hereof, in any coin or per annum or at such higher rate as hereinafter provided in paragraph 1(b, S currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms her set forth. (1) (a) Interest shall accrue on the Principal Balance from and after the date hereof. Interest shall be due and payable on the earlier of (i) date of the Refunding (as defined in the Resolution authorizing this Note), (ii) December 1, 2006, (iii) the date the Purchaser transfers this Note to another person through assignment or purchase, (iv) the date of payment in full of this Note, and (v) on December 1, 2035 (the "Final Maturity Date ") at which time the entire remaining Principal Balance and accrued interest shall be fully due and payable. (b) If the interest on this Note should become subject to federal �� income taxation pursuant to a Determination of Taxability" as that term is defined in Section 4.07 of the Loan a Minnesota limited date herewith between the City and V55A Cale liability company (the "Borrower "), and the Purchaser delivers to the Borrower a copy of the notice of the "Determination of Taxability ", the interest rate shall be immediately adjusted to be equal to ten percent (10 %) and each monthly installment thereafter payable shall be accordingly adjusted. In addition the Purchaser shall be entitled to receive upon demand an amount equal to the aggregate difference between (i) the monthly payments theretofore made to the Purchaser on this Note between the "Date Taxability") of receipt by the Borrower of Section 4.07 of the Loan Agreement, and the date notice of such "Determination of Taxability ", and (ii) the monthly payments A -1 1850404x1 which would have been made during such period if the adjusted rate had been in effect throughout such period. (2) In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 360 day year but shall be payable on the actual days elapsed. (3) Principal and interest and premium due hereunder shall be payable at the principal office of the Purchaser, or at such other place as the Purchaser may designate in writing. (4) This Note is issued by the City to provide funds for a project, as defined in Section 469.153, Minnesota Statutes, consisting of the acquisition of land and the construction thereon of a 110 -bed, approximately 127,000 square foot, skilled nursing facility by the Borrower, and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Section 469.152 through .1651, Minnesota Statutes, and pursuant to a resolution of the City Council duly adopted on December 27, 2005 (the "Resolution "). (5) This Note is secured by a Pledge Agreement of even date herewith by the City to the Purchaser (the "Pledge Agreement "). Amounts held by the Purchaser relating to the Note shall be disbursed pursuant to the Disbursing Agreement of even date herewith among the Borrower and the Purchaser (the "Disbursing Agreement "). The Purchaser shall authorize disbursements from the Construction Fund to or at the order of the Borrower upon compliance with the terms and conditions of the Disbursing Agreement. The Lender shall authorize disbursements from the Construction Fund to or at the order of the Borrower upon compliance with the terms and conditions of the Disbursing Agreement. (6) The City, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor; and to the extent permitted by law, the Purchaser may extend interest and/or principal of or any service charge or premium due on this Note, or release any part or parts of the property and interest subject to any security document from the same, all without notice to or consent of any party liable hereon or thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Note is no longer exempt from the Federal income tax. In no event, however, may the Final Maturity Date be extended beyond December 1, 2035. (7) This Note may be prepaid in whole on any date on or after March 1, 2003 at the option of the Company, at a redemption price equal to the Principal Balance of the Note plus accrued interest thereon. The Note is subject to extraordinary mandatory redemption in whole but not in part on December 1, 2006, unless extended as provided below, if the Refunding of the Note has not occurred on or before such date, without notice, at a redemption price equal to the Principal Balance to be redeemed plus accrued 1850404v1 A -2 interest thereon, without premium. The extraordinary mandatory redemption date shall be extended one or more times to a date notes ter base 0 Dan of Bon Counsel to the of the Purchaser and upon delivery to the P effect that such extension will not adversely affect the tax exempt status of interest paid on the Note. (8) In the event of prepayment of this Note, the Purchaser shall apply any such prepayment first against accrued interest onothh hl Prmcipa due under paragraph 1 t principal amounts due under the Note. Them y payments hereof, shall continue to be due and payable in full until the entire Principal Bance ad a ccrued interest due on this Note have been paid regardless of any p prepayment made hereunder unless otherwise agreed to by the Purchaser. (9) As provided in the Resolution and subject to certain limitations set forth therein, this Note is only transferable upon the books of the City at the office of the Administrator by the Purchaser in person or by its e alwritten instrument of transfer Purchaser's expense, upon surrender hereof together satisfactory to the Administrator, duly executed by l not the date of registration on the agent. Upon such transfer the Administrator w below. name and address of the new registered Holder hose name the N to i blank stp egistee d upon The City may deem and treat the person the books of the City with such registration noted on the Note, s the owner hereof, whether or not overdue, for the purpose of receiving p Ym n the • account, of the Principal Balance, redemption price or interest and for all other purposes, d and and all such payments so made to the Purchaser extent of the sum or effective to satisfy and discharge the liability upon the Note to the sums so paid, and the City shall not be affected by any notice to the contrary. (10) All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Loan Agreement, the Pledge Agreement and the Disbursing Agreement are hereby made a part of herein. Note to the same extent and with the same force and effect as if they were fully s e f (11) This Note and interest thereon and any service charge or premium due hereunder are payable solely from the revenues and P roceeds derived from the Loan Agreement, the Pledge Agreement and the Disbursing Agr eement and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to thereof, and do not g the payment give rise to a pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute the agreement of the City to perform or equitable, upon any property of the City, an dcharge, cause the performance of the covenants and other provisions ther funds fa for such s at all times to the availability of revenues A -3 1850404x1 purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. (12) It is agreed that time is of the essence of this Note. If an Event of Default (as that term is defined in the Disbursing Agreement or the Loan Agreement) shall occur, then the Purchaser shall have the right and option to declare the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same, plus any Reinvestment Charge, default prepayment, premium or service charges, shall be due and payable, but solely from sums made available under the Loan Agreement, the Pledge Agreement and Disbursing Agreement. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. (13) The remedies of the Purchaser, as provided herein and in the Loan Agreement, the Pledge Agreement and the Disbursing Agreement are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Purchaser, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. (14) The Purchaser shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Purchaser and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. • (15) This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption. from such registration requirements. (16) This Note has been designated by the City as a "qualified tax- exempt obligation" for purposes of Section 165(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. 1850404vi A -4 s IN WITNESS WHEREOF, the -City has caused this Note d has caused the corporate its name by the manual signatures of the Mayor and Administrator seal to be affixed hereto, and has caused this Note to be dated December 29, 2005. CITY OF OA ARK HEIGHTS, SOTA Mayor Attest: A nistrator (S A -5 1850404v1 PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Oak Park Heights in the name of the holder last noted below. Date of Name and address Signature of Reeistration Resstered owner Administrator Piper Jaffray & Co. 800 Nicollet Mall, 13'' Floor December 29, 2005 Minneapolis, MN 55402 1850404v1 A -6 RESOLUTION NO. 05-12-56 • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY DAVID AND POLLY NEMEK FOR A PUD AMENDMENT /CONCEPT AND GENERAL PLAN OF DEVELOPMENT FOR AN ADDITION TO THE OAK PARK PONDS SHOPPING CENTER LOCATED AT THE CORNER OF 58 STREET AND NEAL AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David and Polly Nemek for a PUD amendment /concept and general plan of development for an addition to the Oak Park Ponds Shopping Center located at the corner of 58 Street and Neal Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. • The City Council makes the following findings of fact and resolution, 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned PUD, Planned Unit Development District in which the proposed retail and service uses are permitted; and 4. The concept plan approvals in 1997 for the Oak Park Ponds Shopping Center included the potential for this expansion; and 5. The City staff prepared a planning report dated December 1, 2005 reviewing the request for the PUD amendment /concept and general plan approvals; and • • • • 6. The December 1, 2005 planning report recommended approval of the • PUD amendment/concept and general plan subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their December 8, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by David and Polly Nemek for a PUD amendment /concept and general plan of development for an addition to the Oak Park Ponds Shopping Center located at the corner of 58 Street and Neal Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The applicant shall provide lighting specifications for the wall fixtures as part of the building permit application. The wall fixtures shall match the existing building fixtures • or comply with all lighting regulations of the Zoning Ordinance. 2. All signage shall comply with the Zoning Ordinance requirements. Signage proposed for the retail center shall be subject to City staff approval. 3. The proposed utility, grading, and drainage plans shall be subject to the review and approval of the City Engineer and Valley Branch Watershed District. 4. The proposed building plans, design and materials shall be subject to review and approval of City staff. 5. The floor plans be altered to allow access during business hours from all tenant spaces through the space labeled as Unit 103 in the floor plans to the trash enclosure area and the exterior of the building. 6. The Service Availability Charges (SAC) will not be transferred from 5850 Omaha Avenue North. 7. The cross easements, declarations, and agreements are subject to review and approval of the City Attorney. • 2 • • • Approved by the City Council of the City of Oak Park Heights this 27th day of December 2005. David Beaudet, Mayor ATTEST: Eric A. Jo n, City Administrator i 3 • • • RESOLUTION NO. 2005-12- 5 7 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING CERTAIN STREET, DRAINAGE AND UTILITY EASEMENTS WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the City Council of the City of Oak Park Heights has received and acted upon application of CSM Equities, L.LC., to vacate certain street, drainage and utility easements existing in the Plat HAASE ADDITION, as platted and of record in the City of Oak Park Heights, Washington County, Washington County, Minnesota; and, WHEREAS, the City Council find that there is good and sufficient consideration in the development of lands to which this request is related to which supports the request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the existing street, drainage and utility easements now located in: a) Drainage and utility easements over and across that part of the South 10.00 feet of Outlot B, HAASE ADDITION, lying East of the West t0 feet of said Outlot B. b) Street, drainage and utility easements over that P art of 59 Street North dedicated in the plat of HAASE ADDITION, lying easterly of the southerly extension of the West line of Outlot B, HAASE ADDITION, Washington County, Minnesota. be and the same is hereby vacated, contingent on CSM Equities, L.L.0 execution of the Development Agreement with the City as approved by the City Attorney. 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 the land affected thereby. Such notice shall be presented to the County Auditor - Treasurer who shall enter the same in his transfer records and note upon the instrument over his official signature the words "entered in the transfer records." The notice shall then be filed with the County Recorder, all as required by Minn. Stat. §412.851. Passed and adopted by the City Council for the City of Oak Park Heights, Washington County, Minnesota this 13th day of December, 2005 - I Da W John A strator • • RESOLUTION NO. 2005 - 12 - 58 • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL USE BY VSSA FOR A CONDITIONAL E PERMIT O MOVE A SCHOOLHOUSE STRUCTURE TO THE HISTORIC VILLAGE SITE ON THE BOUTWELLS LANDING CAMPUS BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from VSSA for a conditional use permit to move a schoolhouse structure to the Historic Village site on the Boutwells Landing campus; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. VSSA has requested a conditional use permit to move the historic schoolhouse as soon as possible to protect the integrity of the structure. 4. The subject property is zoned PUD, Planned Unit Development District in which the proposed uses are permitted; and 5. The City staff prepared a planning report dated November 30, 2005 reviewing the request for a conditional use permit; and 6. The November 30, 2005 planning report recommended approval of the conditional use permit subject to the fulfillment of conditions; and • • • • 7. The Planning Commission held a public hearing at their December 8, 2005 • meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED CITY CO CIL CUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE FOLLOWING: A. The application submitted by VSS Busland affecting the real se structure to the Historic Village site on the outwells Landing camp property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights for approval subject to the following conditions: 1. The general plan of development is approved for the Historic Village site on the Boutwells Landing campus. 2. Upon relocation, the building shall comply with the applicable requirements of the Uniform Building Code subject to approval of the City's Building Inspector. • 3. A performance security is provided to the City as specified in Section 401.08 of the Ordinance. 4. The relocated structure is ready for occupancy within eight months from the date of location on the site or as required by the City Council. 5. Approval of a grading plan by the City Engineer. 6. Submittal of a transportation plan showing e County roads. moving the structure and a permit from Washington County for movement 7. Review and approval from Xcel Energy concerning clearance for movement beneath power lines. 8. Submittal of a plan for house movement through Oak Park Heights to the site that addresses clearance or other issues within the right -of -way. 9. Other conditions as required by the Planning Commission, City Council and City staff. • 2 • • • • Approved by the City Council of the City of Oak Park Heights th day of December 2005. Davi let, Mayor AT ST Eric . Jo son, City Administrator r' 3 • • • f EXIBBIT A. Parcel l af Section 5, Township 29 North, part of the North Half of the Northe e All that ad rter o ascribed as follows: Range 20 West, Washington County, Minn Be ' g at the Northwest comer of the East 1093.00 ast line f said North Half of the Northeast Quarter, as measured at a nigh t angle to th Northeast Quarter. thence South 01 degrees 52 minutes 14 seconds East, assumed bearing, along the Westerly line thereof, a dirt oc o f 633 of the East S 00 feet degrees 51 minutes 37 seconds East 80.05 feet said East line of said North Half of the Northeast Quarter, as measured at a nigh t angle to s and a point hereinafter referred to as point "A"; thence ��en S minu k degrees seconds East along said Westerly line a distance of 226.10 42 minutes 13 seconds West 49.31 feet; thence South 01 degr e Northea min 08 secon the nce East 363.61 feet to the Southerly line of said North Half s West South 89 degrees 42 minutes 13 second s West t 59 Southerly o a po�9he thence North 01 degrees 52 minutes 08 seconds W referred to as Point "B" which bears North 89 degrees e sQUutes 37 seconds W est from t he before mentioned Point' "AY; thence South 89 gr along a line, hereinafter referred to as Line "AB ", for 47 feet te N Q alf the Westerly line of the East 1193.00 feet of said North i es 14 seconds thence North 01 degrees 52 minut South de deg 43 minutes O seconds said North Half of the Northeast Quarter; thence Sou East along said Northerly line a distance of 100.07 feet to the point of beginning• Torrens Property Torrens Certificate No. 60763 parcel 2 act A, Regi stered Land Survey No. 114, Washington County, Minnesota. A portion of Tr Torrens Property Torrens Certificate No. 57414 (Includes other land) AND Parcel 3 putlot B, Haase Addition, according to the recorded plat thereof, Washington County, Minnesota. Torrens Property Torrens Certificate No. 56075 AND The northerly 73 feet of the easterly 686.39 feet of Outlot A, BO-UTWELLS LANDING, Washington-County, Minnesota. and, The northerly 73 feet of the westerly 83 feet of th2 outheast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range • • i ATTACHMENT B Conditional Use Permit Boutwells Landing - Historic Village: School House City File No. 2005 -12 -30 Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Planning Commission Public Hearing & Recommendation: December 8, 2005 Required Approvals: CUP City Council 4/5 Conditional Use Permit, - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) •