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HomeMy WebLinkAbout06-09-15 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, JUNE 99 2015 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. 11. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff 7:10 p.m. 111. Visitors/Public Comment A. Presentation by Ms. Sally Anderson, Community Thread (pg. 3) 7:15 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—May 26, 2015 (pg. 7) C. Approve Change Order 92—2015 Street Reconstruction—Oren Ave Water Main (pg. 11) D. Approval of Request for Deferral of Special Assessments Based on Exceptional and Unusual Circumstances (Applicant 2015-1) (pg. 15) E. Authorize Execution of 5K Run Event for Special Olympics Minnesota on June 19, 2015 (pg. 21) F. Waive Statutory Tort Limits for Liability Insurance Offered by LMCIT for 2015 (pg. 31) 7:20 p.m. V. Public Hearings A. Oak Park Heights Senior Living—Phase IV— Green Twig Villas Bond Issuance Assistance (pg. 33) 7:20 p.m. VI. Old Business A. St. Croix River Crossing Project Update (no enclosure) B. Street Reconstruction Update (no enclosure) C. Tobacco Compliance Violation—Walgreens (pg. 41) 7:30 p.m. VII. New Business A. Consider Scheduling a"Ribbon Cutting" Event for Oak Park Crossing Park(pg. 43) B. Consider Ordinance Amendments—Off-Sale Growlers and Sunday On-Sale Start Time (pg. 45) Page 1 of 50 Agenda June 9,2015 Page 2 7:35 p.m. VIII. Other Council Items or Announcements 7:35 p.m. IX. Closed Session (closed pursuant to Minn. Stat. 13D. 01) 7:50 p.m. X. Adjournment Page 2 of 50 Oak Park Heights Request for Council Action Meeting Date June Wh, 2015 Time Required: 5 Minutes Agenda Item Title: Presentation by Ms. Sally Anderson, Community Thread Agenda Placement +s't 7-cIL Originating Department/Reque or ric Johnson Administrator Requester's Signature Action Requested Discuss' n Possible Action Background/Justification (PI se indicate if any previous action has been taken or if other public bodies have advised): Ms. Sally Anderson, Executive Director of Community Thread would like to present the City Council with a short presentation that outlines what their organization performs and does within the community and to thank the City Council for their generous support of their organization. The City did allocate$3,000 to Community Thread for 2015. Page 3 of 50 Printing About Community Thread Page 1 of I Who We Are Community Thread has been providing service to the Washington County Area since 1967. Our service area, where once rural„ is now becoming more suburban with each passing year. Community Thread of the St. Croix Valley is a 601(c)3 organization with an annual budget of approximately $600,000. Funding for Community Thread is diversified: • UNITED WAY 8% • FOUNDATIONS 49% • MUNICIPALITIES 3% y • SPECIAL PROJECT GRANTS 14% • BUSINESSES AND ORGANIZATIONS 4% �r • INDIVIDUALS 3% • EARNED INCOME 19% A staff of eleven full- and part-time employees and the work of 1,172 volunteers deliver our programs and services. Comunity Thread offers the following direct service programs as they relate to volunteerism: Volunteer Center, Stillwater and Bayport Senior Centers, Transportation Program, Chore Services ~ Program, Medical Reserve Corps, and Holiday Hope Program. Community Thread functions are accomplished by: • Building public awareness and understanding of the importance of volunteerism, • Mobilizing volunteers to meet community needs. • Recognizing volunteers who make a difference in the communities where they serve. • Providing training and technical assistance in the areas of volunteerism. • Recruiting and matching volunteer drivers to individuals in Washington County that have no other means to get to medical/necessary appointments. • Providing a focal point for senior programming for I.S.D. #834. • Distributing community donations of food, clothing and toys to families in need of assistance at Christmas. • Strengthening neighborhoods through barter exchange. Community Thread programs are intended to be inclusive of all individuals within the community. Annually, we provide services and volunteer opportunities to nearly 20,000 individuals. Page 4 of 50 http://vvwNv.commuiutythreadmn.org/index.php?mact—Printing,cntnt0l,output.0&cntntOl url... 6/4/2015 Community Thread :: Stillwater MN - Engaging, Enriching and Connecting People Page 1 of 2 Engaging, Enriching and Connecting People Community Thread's vision is a community where all people are engaged, enriched and connected. We leverage resources and volunteers to improve the quality of life for adults and tl families in our local community. We do this by providing services aimed at older adults, particule those who desire to age in place, as well as advocating for and supporting volunteers throughoL the St. Croix Valley region. Our name symbolizes our belief that each act of service is a thread t ties people, communities and lives together. NEWS AND UPCOMING EVENTS River Rally: St. Croix River Clean Up Tuesday, July 14 fRiff A family-friendly volunteer activity, open to ages 14 and older. The event engages local volunteers annually in July TSMCF-50PRiver Clean rp to support the preservation, protection, and appreciation of community thread the St. Croix River_. Sign-up will open in early June. Learn more. Baubles & Bangles Jewelry Sale BAUBLES & BANG [. Wednesday, August 19 - Preview Party 5:30-7:30pm Thursday, August 20 - Public Sale - 9 am-5pm Donations of jewelry, purses and scarves being accepted NOW! SALE JEWELRY • BAG.' Learn more. 2014 Annual Report Available 2014 by the Numbers community three Over 1500 Volunteers engaged with Community Thread in 2014 and there were more than 19,000 visits to the Stillwater and community thread Bayport Senrior Center programs. Learn more in our Annual Report. Or contact us to request a copy be mailed to you. And see who all of our loyal supporters are in our list of donor and volunteers which is available online here. Thank you to our Connecting Partners for Supporting Our Signature Service Initiatives. Page 5 of 50 li ttp://wNvw.communitythreadmn.org/ 6/4/2015 Community Thread :: Stillwater MN - Engaging, Enriching and Connecting People Page 2 of 2 Andersen ."" AN"A" LAKE ELM© BANK A TRADITION OF SERVICE Member FDIC QR ESC Q 0 0 DEVELOPMENT CHILD Where it all begins. Strategic asset I'reservatzon,Inc Caring About Your Retirement Follow Us Sign . for E-Newsletterl 91 ® i Page 6 of 50 http://www.communitythreadmn.org/ 6/4/2015 A Oak Park Heights Request for Council Action Meeting Date June 9, 2015 Agenda Item. Approve City Council Minutes May 26, 2015 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Admi ation/Jennifer Pinsk] Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 7 of 50 CITY OF OAK PARK HEIGHTS TUESDAY, MAY 26, 2015 CITY COUNCIL MEETING MINUTES 1. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 7:03 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present. City Administrator Johnson, City Attorney Vierling, Public Works Director Kegley, and City Engineer Mlejnek. Absent: City Planner Richards, Mayor McComber added "Street Reconstruction—Area D—Testing" to Consent Agenda as Item O, and pulled Item G from the Consent Agenda. Councilmember Dougherty requested Item L be pulled from the Consent Agenda for a separate vote so he could abstain. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5-0. IL Council/Staff Reports: A. Mayor McComber: She reported the May Parks Commission meeting was cancelled due to lack of quorum, and the next Parks Commission meeting was set for June 15 at 7:00 p.m. with a worksession at 6:00 p.m. B. Councilmember Dougherty: No report. C. Councilmember Liljegren: No report. D. Councilmember Runk: No report. E. Councilmember Swenson: No report. F. Staff. Deputy Clerk Pinski reported that Sharon Haynes of 5648 Osgood Avenue North and Doug and Melissa Wilson of 5519 Oakgreen Place North were chosen as the recycling award winners for the month of May. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Worksession Notes—April 28, 2015 C. Approve City Council Minutes —April 28, 2015 D. Approve License for Sale and Storage of Fireworks for Wal-Mart#1861 Page 8 of 50 City Council Meeting Minutes May 26, 2015 Page 2 of 3 E. Approve Resolution Offering City Position on the Proposed Transfer of TH 5 from the State of MN to Washington County F. Approve up to $3,500.00 for Trail Installations at Oak Park Crossing Park G. REMOVED FROM THE AGENDA H. Provide LMC Board of Directors Endorsement—2"d Vice President for Mayor McComber I. Adopt Resolution—Minimal Impact Design Standards J. Approve Fiscal Year 2015 —2016 Budgets for Central St. Croix Valley Joint Cable Commission and Valley Access Channels K. Refund of Fees to Hostelling International USA—Related to the Minnesota Ironman Bike Ride Event L. PULLED FOR SEPARATE VOTE M. Approve Revised Public Hearing Date for Oak Park Heights Senior Living --Phase IV Planned Unit Development Bond Issuance Assistance N. Approve Budget Adjustment—Public Works Request O. Street Reconstruction—Area D - Testing Councilmember Swenson, seconded by Councilmember Runk, moved to approve Consent Agenda Items A--F, H—K, and M— O. Roll call vote taken. Carried 5- 0. Mayor McComber moved to Approve Consent Agenda Item L: Approve 2015 Fireworks Funding. Motion failed per lack of a second. IV. Public Hearings; None VI. Old Business: A. St. Croix River Crossing Project Update: City Administrator Johnson reported that punch list items were being worked on. No action was taken. B. Street Reconstruction Update: Mayor McComber reported that she attended the neighborhood meeting on May 20, and there was concern about the number of trees being removed. City Administrator Johnson reported that a second notice was hand-delivered to residents with trees marked for removal. No action was taken. C. Adopt Resolution Relating to and Approving the Three Party Apycement on North Frontage Roadway: City Attorney Vierling reported that his office was still trying to gather data to provide an opinion on the title. He stated he spoke with MNDOT, and they indicated they would provide any title work they had. Page 9 of 50 City Council Meeting Minutes May 26, 2015 Page 3 of 3 Councilmember Dougherty, seconded by Councilmember Swenson, moved to approve the Resolution. Roll call vote taken. Carried 4-1, Liljegren opposed. VII. New Business: A. Tobacco Compliance Violation- Walgreens: Councilmember Runk, seconded by Councilmember Liljegren, moved to schedule a Hearing to Show Cause on June 9, 2015 with the purpose of reviewing the incident for imposition of a $500 sanction. Carried 5-0. VIII. Other Council Items or Announcements: Councilmember Runk provided the City Council with copy of the Washington County Comprehensive Plan which showed they had the City taking approximately 5,600 feet of roadway. IX. Closed Session City Attorney Vierling reported that the City Council would go into a closed session to discuss two matters: Northland Securities and property clean-up at 15105 63rd Street North. Councilmember Runk, seconded by Councilmember Liljegren, moved to go into closed session. Carried 5-0. The City Council resumed open session. City Attorney Vierling reported that both matters were discussed and no votes were taken in the closed session. X. Adiournment Councilmember Swenson, seconded by Councilmember Dougherty, moved to adjourn the meeting at 7:55 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 10 of 50 F Oak Park Heights Request for Council Action Meeting Date June 9h, 2015 Time Required: 1 Minute Agenda Item Title: Approve Changewr z43 -2015 Street Reconstruction-Oren Ave Water Main Agenda Placement Consent end Originating Dcpartment/Requ for J nson. City Administrator Requester's Signature Action Requested: A rove Ch' e rder#2 -2015 Street Reconstruction- Oren Ave Water Main Background/Justification(Pie indicate if any previous action has been taken or if other public bodies have advised): The enclosed.CHANGE ORDER#2 associated with the City's 2015 Street Reconstruction Project provides the City the continued ability to implement the Oren Ave. Water Main Project at no additional cost due to additional time requested.. The pricing would be held through August 2015 and provides the City the needed flexibility to facilitate anticipated timing between the State and County NFR Project. Please note this Change Order does not order the contractor to proceed,rather it gives the City the capacity to order the Contractor to proceed in the future. Page 11 of 50 Owner: City of Oak Park Heights, P. O. Box 2007,Stillwater, MN 550: Dote June 4,2015 (�Stantec Contractor: A-I Excavating, nc.,408 26th Ave., Bloomer,WI 54724 Bond Cc:Western Surety Co-333 S. Wabash Ave., Chicago, IL 60604 Bond No: 929591853 CHANGE ORDER NO. 2 2015 STREET RECONSTRUCTION-ALTERNATE NO.3 ONLY STANTEC PROJECT NO, 393801994D Descrintlon of Work This Change Order provides that the City of Oak Park Heights can add Alternate No.3-Oren Avenue Watermain to the Contract via Change Order, by August 31, 2015,should the City so choose,without modifications except for Start and Completion dates and without penalty. Upon notice to proceed the work will be completed within four weeks. e 193801494-D CHOZ.km i J" Page 12 of 50 Ep Original Contract Amount $3,385,037,70 Previous Change Orders ($139,427,50) This Change Order $0.00 Revised Contract Amount (including this change order) $3,245,610.20 CHANGE IN CONTRACT TIMES Original Contract Times: none Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: none Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: none Substanfiai Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Date: 6/4/2015 Approved by Contractor: Approved by Owner: A-1 EXCAVATING, INC. CITY OF OAK PARK HEIGHTS Date Date I 3 I cc: Owner Contractor Banding Company Stantec 19',801994-D C H02 xlsm Page 13 of 50 1 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 14 of 50 1, 1 Oak Park Heights Request for Council diction Meeting Date June 6, 201 Time Required: 1 min Agenda Item.Title: Approval of Request for Deferral of Special Assessments based on Exceptional and Unusual Circumstances (Applicant 201,E-1) Agenda Placement Consent Originating Department/Requestor Finance — Betty Caruso Requester's Signature Action Requested Approval Request for Deferral of Special Assessments based on Exceptional and Unusual Circumstances (Applicant 2015-1) Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): A resident ( Applicant 2015-1) applied for a 2015 Street Special Assessment Deferral using the guidelines of Resolution 13-10-38 (attached) POLICY STANDARDS AND GUIDELINES FOR SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP FOR SPECIAL ASSESSMENT DEFERRAL. In accordance with the qualifications the resident meets all of the requirements except for Guideline 1.F. The annual household income exceeds the Federal Poverty amount of $15,930 for 2 persons and therefore would be denied the deferral. In review of the policy, the council may consider the deferral under exceptional and unusual circumstances pertaining to the applicant not covered under the standard and guidelines as set forth in the resolution. For that reason, I am requesting that council utilize this exception to defer this assessment based on the applicant's disability due to illness obtained as a member of our armed services, with the requirement of the applicant to notify the city should there be a change in his disability status. Page 15 of 50 RESOLUTION 13-10-38 A RESOLUTION ESTABLISHING POLICY STANDARDS AND GUIDELINES FOR SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP FOR SPECIAL ASSESSMENT DEFERRAL WHEREAS, Minnesota Statute Chapter 435 . 193 (or as amended) provides that a statutory city making a special assessment may in its discretion defer the payment of that assessment for any homestead property owned by a person 65 years of age or older, or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; and, WHEREAS, said statute further provides that a statutory city shall adopt an ordinance or resolution establishing standards and guidelines for determining the existence of a hardship for determining the existence of a disability. That the following standards and guidelines for determining the existence of a hardship and for determining the existence of a disability are hereby established: 1 . Persons seeking deferment of a special assessment imposed by the City shall have the following qualifications : A. Be the record owner of the property proposed to be assessed, which property shall be the homestead of the applicant (for the purposes of application of this paragraph, an individual or individuals who possess a life estate over property which they have qualified as their homestead shall be treated as if they were the record owners of the property proposed to be assessed) and; B. Be 65 years of age or older or be retired by virtue of or demonstrate total disability based upon the following guidelines : 1 . total and permanent loss of sight in both eyes; 2 . loss of both arms at the shoulder; 3 . loss of both legs so close to the hips that no artificial members can be used; 4 . complete and permanent paralysis; 5 . total and permanent loss of mental faculties; or 6 . any other injury which total incapacitates the applicant from working at an occupation which brings him, an income; C. Further, the total amount of any assessment proposed to be deferred under the terms hereof must exceed the sum of $1, 000 . 00 . D. The average annual payment for all assessments to the homestead must exceed 10 of the adjusted qhrgpfV-0f50 annual income of the applicant . E . The total assets of the applicant must not exceed the sum of $50, 000 . 00 excluding the value of the homestead. F. The annual household income of the applicant and the applicant ' s spouse, if any, shall not exceed 1000 of the official F e d e r a 1 poverty level within the calendar year during which the assessment is being deferred. 2 . A person seeking a deferment of assessments shall make application to the City on forms prescribed by the City Administrator together with other information as required by the City. The application shall be dated and shall contain a certification by the applicant of the information therein or made a part thereof as true and correct . The application shall contain a financial statement in a form customarily used by a lending institution and shall contain a copy of the previous two year ' s Minnesota income tax returns if one was prepared or submitted to the state . 3 . Simple Interest (Interest = Principal X Rate X Time Periods) shall accrue on an assessment deferred by the Council until the same is paid in full, the rate of interest to be that rate of interest as applied to the assessment as levied. 4 . The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any one of the following events : A. the death of the applicant when there is no spouse who is eligible for deferment (or, in the case of those individuals having a life estate over property which they have claimed homestead, the death of the life tenant when there is no surviving spouse who is also named as a life tenant with the deed of conveyance creating the life tenancy, who is also eligible for the deferment) ; B . the sale, transfer or subdivision of all or any part of the property; C . the loss of homestead status on the property; D. the determination by the City Council for any reason that there would be no hardship to require immediate, complete or partial payment; E . Notwithstanding any provision herein contained restricting hardship, the City Council may consider exceptional and unusual circumstances pertaining to an applicant not covered under the standards and guidelines herein as set forth. However, any determination shall be made a nondiscriMinFg®Vbf50 manner and shall not give the applicant an unreasonable preference or advantage over other applicants . 5 . As to all assessments so deferred under the terms of this policy, the City of Oak Park Heights hereby determines that the deferred assessment with interest when paid, shall under no circumstances be collected in an amount greater than would have been collected had the assessment not been deferred and paid when due, assuming payment on an annual basis over the entire term of the assessment . 6 . The City Council may annually review all deferments previously made pursuant to the standards and guidelines set forth herein. 7 . This Resolution shall supplant any previous resolution adopted by the City Council . Passed by the City Council for the City of Oak Park Heights this 8th day of October, 2013 . Mary McComber, Mayor ATTEST: Eric Johnson, City Administrator INCOME GUIDELINES 1000 of the official poverty level, as defined by the appropriate Federal Department; for 2013 this maximum income is : Family Size 100% Income Guideline 1 Person 11, 490 2 Persons 15, 510 3 Persons 19, 530 4 Persons 23, 550 5 Persons 27, 570 6 Persons 31, 590 r✓�`�.�' ;�� ',�'�` :,�: `f 7 Persons 35, 610 8 Persons 39, 630 For each additional person in the household add: $4, 020 /annually Page 18 of 50 2015 HHS Poverty Guidelines for Affidavit of Support USCIS of� J4T Department of Homeland Security Form 1-864P U.S. Citizenship and Immigration Services Supplement 2015 HHS Poverty Guidelines* :1linimum income Requirements for Ilse in Completing Form 1-864 For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands: T Sponsor's Household Size 1.00%of HHS Poverty Guidelines* 125%of HHS Poverty Guidelines* For sponsors on active duty in the U.S.Armed Forces who are petitioning For all other sponsors for their spouse or child 2 $15,930 $19,912 3 $20,090 $25,112 4 $24,250 $30,312 5 $28,410 $35,512 6 $32,570 $40,712 7 $36,730 $45,912 8 $40,890 $51,112 Add$4,160 for each Add$5,200 for each additional person, additional person. For Alaska: For Hawaii: Sponsor's 100%of HHS 125%of HHS Sponsor's 100%of HHS 125%of HHS Household Size Poverty Guidelines* Poverty Guidelines* Household Size Poverty Guidelines* Poverty Guidelines* For sponsors on active For sponsors on active duty in the U.S.Armed duty in the U.S.Armed Forces who are For all other sponsors Forces who are For all other sponsors petitioning for their petitioning for their spouse or child spouse or child 2 $19,920 $24,900 2 $18,330 $22,912 3 525,120 $31,400 3 $23,110 $28,887 4 $30,320 $37,900 4 $27,890 $34,862 5 $35,520 $44,400 5 $32,670 $40,837 6 $40,720 $50,900 6 $37,450 $46,812 7 $45,920 $57,400 7 $42,230 $52,787 8 $51,120 $63,900 8 $47,010 $58,762 Add$5,200 for each Add$6,500 for each Add$4,780 for each Add$5,975 for each additional person, additional person. additional person. additional person. Means-Tested Public Benefits Federal Means-Tested Public Benefits.To date,Federal agencies administering benefit programs have determined that Federal means-tested public benefits include Food Stamps,Medicaid,Supplemental Security Income(SSI),Temporary Assistance for Needy Families(TANF),and the State Child Health Insurance Program(SCHIP). State Means-Tested Public Benefits.Each State will determine which,if any,of its public benefits are means-tested.If a State determines that it has programs which meet this definition,it is encouraged to provide notice to the public on which programs are included.Check with the State public assistance office to determine which,if any,State assistance programs have been determined to be State means-tested public benefits. Programs Not Included: The following Federal and State programs are not included as means-tested benefits: emergency Medicaid;short-term, non-cash emergency relief,services provided under the National School Lunch and Child Nutrition Acts;immunizations and testing and treatment for communicable diseases;student assistance under the Higher Education Act and the Public Health Service Act;certain forms of foster-care or adoption assistance under the Social Security Act;Head Start Programs;means-tested programs under the Elementary and Secondary Education Act;and Job Training Partnership Act programs. *These poverty guidelines remain in effect for use with Form 1-864,Affidavit of Support,from March 1,2015 until new guidelines go into effect in 2016. Form 1-864P 03101/15 N Page 1 of 1 Page 19 of 50 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 20 of 50 Oak Park Heights Request for Council Action Meeting Date June 9th, 2015 Time Required: 1 Minutes Agenda Item Title:_ 5K Event upon City Property—Special Olympics Agenda Placement Consent Agenda Originating Department/Requestor/ Eri Johnson City Administrator Requester's Signature Action Requested Authorize the execution of the 5k Run Event for Special Olympics Minnesota to be held on June 19th 2015 Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): As part of the upcoming Special Olympics Event at the Stillwater Area High School, a 5K fun run being held by the Special Olympics of Minnesota Organization—on June 19'' . Following the City's past practices, enclosed is a copy of the DRAFT Permit Agreement required by the City of such organization if they desire that these events move through the City. There are no requested nor committed City or Police Services for the 5K fun run, similarly there are not anticipated to be dedicated City staff. Like all similar permits, the Permit does require that a fee of$1,500 ($1,000 escrow and$500 impact fee)be paid to the City however,they may through 12/1/15 request that the $500 fee be refunded as the group is a non-profit, 501 c3 corporation. Staff would recommend approval subject to the final approval of the Chief of Police and City Attorney of a final Agreement document. (Draft enclosed). Page 21 of 50 May 5, 2015 SPOCia! 0/ympics fpplrl�141 Minnesota City of Oak Park Heights Eric Johnson 14168 Oak Park Blvd. N. PO Box 2007 Oak Park Heights, MN 55082 Dear Mr.Johnson, Nearly 1,500 Special Olympics athletes from across Minnesota wilt compete at the 2015 Summer Games,June 18-20. One of seven annual state Special Olympics Minnesota competitions,Summer Games includes track and Field events,volleyball, tennis and gymnastics at Stillwater Area High School. More than 1,500 volunteers will help make Summer Games possible, and A competitions are free and open to the public. In correlation with Summer Games, Special Olympics Minnesota would like to conduct a SK to be a part of the weekend's events on Friday,June 19, 2015 at S:30pm.The route for the 5K is attached,which will start and finish at Stillwater Area High School and follows off street trails to avoid street closures.Through our tong-standing relationship with law enforcement,Special Olympics Minnesota will call on our law enforcement volunteers to help staff the route for safety. This is the third year Special Olympics Minnesota has held the 5k Summer Games at Stillwater Area High School, We're looking to further grow this into an event the Stillwater Area community can get involved in. We feel that a 5K that is open to the public will help encourage individuals to get involved with Special Olympics Minnesota Summer Games. Prior to the event, participants will have the chance to mingle and interact with Special Olympics athletes. Following the event, individuals wilt be welcome and encouraged to stay for Food,entertainment and the Summer Games Dance.We Feel confident that the Summer Games 5K wilt be a great start to integrating the Stillwater Area community with our annual Summer Games.This integration witl have a positive effect on both the community and Special Olympics Minnesota. Thank you for your consideration. If you have questions, please contact Molty Swanson at rnolly.swanson(@somn.arq OF 612-6041284. i Bill Fish IVIC3lly]wdI1501I Executive Vice President of Development Development Associate Special Olympics Minnesota 100 Washington Avenue South,Suite 550,Minneapolis,MN 55401 Tel 600.783.7732 Fax 612.333.8782 Email info @somn.org www.SOMN.org Created by Joseph P Kennedy Jr Foundaban.Authorized and uccre6ted by-Wial Oiympics,Inc.for the benefit afpesans with intellectual Page 22 of 50 AGREEMENT - 2015 CITY OF OAK PARK HEIGHTS—SPECIAL OLYMPICS—- 5K EVENT PERMT TERMS AND CONDITIONS THIS AGREEMENT is made this day of , 2015 between the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota ("City"), and the Special Olympics Minnesota(SOMN). RECITALS 1. Event. The City hereby authorizes SOMN to organize and conduct an event on June 19"', 2015 : the Events is: a Special Olympics Torch Run Event and 5K Run; both are anticipated to be held upon City trails and right-of-ways held in conjunction with the Special Olympics Event being held at the Stillwater Area High School. The 5K will be held after 4:00 PM+/-. 2. Torch Run:/ 5K Race Route. (See Maps—"Exhibit A") No route deviations shall occur in the City without the prior approval of the Chief of Police. The SOMN agrees that the number of Race and activity participants for all race(s) will be limited to a total of 500 participants. 3. Traffic Control Points. The intersections of all streets and roads on the Route within the City of Oak Park Heights shall be controlled by Washington County Sheriff Deputies and County Forces at the sole expense and coordination of the SOMN. If, as an alternative, they are not licensed officers from another jurisdiction and are civilians they will need to have independent documented training if they are stationed at a roadway. All persons at roadway intersections either directing traffic or first-aid personnel etc., police officer or volunteer, will be required to were OSHA / ANSI compliant safety vests as per OSHA and NTSB rule and supplied by SOMN. At no time shall any roadways or trails be closed to the travelling public. The maps in Exhibit A shall clearly depict all road and trail crossings. 4, Garbage and Rubbish Removal. All garbage and refuse generated by the Event including any left by spectators, will be removed properly and disposed of by sundown on the day of the event by the SOMN. The SOMN will be responsible to reimburse the City for any subsequent cleaning determined to be necessary by the City as a result of the Race. 5. Closing of the Course. There shall be no closure of any City right-of way, roads, trails or other public ways without the further written consent of the City_ This Agreement does not authorize or convey any exclusive access to City trails or roadways, at all times these facilities shall be open to the general public. 6. Community Information. The SOMN shall provide a letter of information to area property owners advising them of the upcoming events and what they may expect to see in the area for the event as well as the hours anticipated for the general Special Page 23 of 50 Olympics Events. A copy of this communication shall be supplied to the City prior to June 12'h, 2015. 7. Insurance, Hold Harmless, and Indemnity. The SOMN agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement. The SOMN shall also indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City from any participants of this event as contemplated in this Agreement. 8. Police Power. The Chief of Police or his designee will be contacted directly 10 minutes prior the start of the event to confirm that all traffic control points are covered and the route is safe for the start of the race within Oak Park Heights. The race will not start until this "all clear" has been received from the Oak Park Heights Police Chief or his designee. 9. Use of City Parks. SOMN may separately request in writing the use of various City Parks during set up, execution of the Race, and tear-down. The City shall endeavor to facilitate such use subject to prior reservations of record and in all situations, use of City park and shelters shall operate under City Ordinances and shall remain open to the public. 10. City Costs. SOMN is responsible to ensure that the City is reimbursed for all costs incurred by the City to allow such Race, including but not limited to City Police Department, Public Works Department, and Fire Department and as needed to safely conduct and maintain the event. A refimdable cash deposit of$1,000.00 and the $500 impact fee (unless specificallz waived by the City Council) must be made to the City by SOMN no later than June 12 , 2015. This amount shall serve as a security to the City and shall be reimbursed to SOMN at such time SOMN pays to the City all costs incurred by the City and/or penalties due The City shall invoice SOMN within 60 days of the Race for all City costs incurred for the Race. SOMN may have until 12/1/15 to seek a reimbursement of the $500 impact fee from the City Council. 11. Term. The term of this Agreement is for six-months unless terminated earlier by the City. Notwithstanding the conditions as outlined in Section 12, the City may terminate this Agreement for just-cause as determined by the City Council and with 10 days written notice. 12. Compliance. Failure on the part of SOMN to comply with specific provisions of this Agreement, including the providing of the preparatory documents and actions may result in the City implementing monetary penalties in the amount of$200.00 for each violation and/or the City's revocation of permission to hold this race within the City. 2 Page 24 of 50 The City will provide written notice to SOMN for each violation and will bill SOMN for such violation. The City may also conclude, through the decision of the Chief of Police that SOMN has not provided the required documentation in the required timelines the City may then revoke the permission to hold the race within the City limits, as determined by the Chief of Police. It remains SOMN's sole responsibility to provide the required documents in a fashion wholly consistent with the dates stated in this Agreement. 13. Insurance. SOMN shall provide the City proof of liability insurance in an amount not less than $1,000,000 and such document shall name the City as an additionally insured. This document shall be supplied to the City not later than June 121h, 2015 14. Emergency Plan. SOMN shall have in place a comprehensive Emergency plan that addresses issues related to injury, evacuation, communication, and other relatable emergency protocols for such event. SOMN shall supply a copy of this document to the City not later than June 12th, 2015 and shall be affixed here to as "Exhibit B". 15. City Commitments. The City of Oak Park Heights has not committed any specific resources to benefit or assist in this Event. City patrol officers shall be on standard patrol duty throughout the City. The SOMN takes and assumes full responsibility for any emergency operations required escort, special patrol or other public safety presence requested as part of the Event though the City. 16. VSSA Permissions. Prior to June 12th, 2015, The SOMN shall supply the City with a letter of permission from Boutwell's Landing / VSSA the owners of the cul- de-sac portion of Nolan Ave, lying south of Nolan Circle as depicted in map as shown authorisng the use of such private roadways. (or any others that may be applicable) A` I. _ a Private Road Section oX is F S6 ,,T r a j sa5e 2j 3 Page 25 of 50 IN WITNESS WHEREON, the parties have set their hands effective the day and year first written above. Special Olympics Minnesota By Its Dave Dorn,President STATE OF MINNESOTA } )0 COUNTY OF WASHINGTON } The foregoing instrument was acknowledged before me this _th day of June, 2015,. by the , the duly authorized agent for the Special Olympics Minnesota. Notary Public City of Oak Nark Heights Mary McComber, Its Mayor ATTEST: Eric Johnson, Its City Administrator STATE OF MINNESOTA ) }ss COUNTY OF WASHINGTON } The foregoing instrument was acknowledged before me this day of June, 2015, by Mary McComber,Mayor,and Eric Johnson,Administrator,for the City of Oak Park Heights. Notary Public 4 Page 26 of 50 Exhibit Route Map »n y °^ i3fivil7�Py r Ql. nlY�c.rrf�',Ire Av,^.N i 41 a .0 1xY. wR. F7oviYMf�t 1. •' 27 of r Exhibit B Emergency Plan special Olympics Minnesota « Special Olympics Minnesota Summer Games 5K 2015 Event Operations and Information Sheet Activities Plan Event Date June 19,2015 Event Site Stillwater Area High School 5701 Stillwater Blvd North Oak Park Heights,MN 55082 Activities Registration—4:00-5:00 p.m. SK start-5:30 p.m. 5K end—5:45-6:30 p.m. Participants Between 100-500 participants Inclement Weather Plan StillwaterArea High School will be utilized as the inclement weather shelter with an advisory team making the determination to adjust the schedule based on weather.The advisory team will consist of, Mark Anderson,Senior Manager of Unified Sports&Competition,Special Olympics of Minnesota;Tim Maurer,Coordinator of Facility Use and Adult Athletics,Stillwater Area Public Schools;Ricky Michel, Activities Director,Stillwater Area High School;and Molly Swanson,Development Associate,Special Olympics Minnesota. Parking Spaces Stillwater Area High School parking lot capacity for this event is 865 spaces. Security Plan Kipps Security will be providing security and they also cover Stillwater Area High School during the school year.There will be overnight security to monitor the on-site setup and daily event security.The hours of coverage on the 19''will be: 6 Page 28 of 50 Overnight Security Friday,June 19, 10:00 PM to 7:00 AM Event Security Friday,June 19,8:00 AM to 10:00 PM Emergency Medical Plan The Institute of Sports Medicine will be providing two certified athletic trainers at all competition times in the medical tent located between Stillwater Area High Schaal and Stadium.A Special Olympics staff registered nurse will be on site during Friday evening events.A designated radio channel will be utilized to communicate with the medical staff accessible by all staff and key volunteers.Local ambulance service will be on site when available and has been contacted and made aware of our event at the site. Important Contact Numbers The following personnel are the key contacts for this event and wilt be available 24-hours a day. Additionally,one of them will be on site during ail activities. Name Organization Cell Phone Mark Anderson Special Olympics Minnesota (612)910-4021 Tim Maurer Stillwater Area Public Schools (651)592-4289 Ricky Michel Stillwater Area Public Schools (651)442-9337 Molly Swanson Special Olympics Minnesota (612)986-1418 Page 29 of 50 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 30 of 50 A Oak Park Heights Request for Council Action Meeting Date June 6, 2015 Time Required: 1 min Agenda Item Title: Liability Coverage - LMCIT Waiver of Statutory Tort Limits Agenda Placement Consent Originating Department/Requester Finance - Betty Caruso Requester's Signature Action Requested Waive the statutory tort limits for City liability insurance as offered by the LMCIT for 2015. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City's statutory tort limits for liability are $500,000 per individual, $1,500,000 per occurrence/aggregate. If the City chooses to "waive the tort limits to the extent of the insurance coverage purchased" the limits would then become $2,000,000 per individual and $2,000,000 per occurrence/aggregate. The increase in premium cost to the city for "waiving the limits" is estimated to be $1600. In effect, the City is purchasing increased insurance coverage. The City has typically made this choice of"waiving the limits" and acquiring more coverage. The "waive" limit of $2,000,000 reflects an increase as compared to 2014 limit of $1,500,000 per individual and $1,500,000 per occurrence/aggregate. However there is not a price increase. Staff does recommend the "waiving of the limits" as expressed above as it provide addition liability coverages for minimal cost. Please see the attached sheet from the LMCIT for more information. Page 31 of 50 r 0 1 E OF CONNECTING & INNOVATING INNESOTA SINCE 1913 CITIES LIABILITY COVERAGE - WAIVER FORM LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. Please return the completed form to your underwriter or email to pstech @lmc.org This decision must be made by the member's governing body every year. You may also wish to discuss these issues with your attorney. League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to$1,500,000. These statutory tort limits apply regardless of whether the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is$2 million.) The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LMCIT Member Name Check one: ❑ The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. 0 The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04 to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council/governing body meeting Signature Position 145 UNIVERSITY AVE. WEST PHONE: (651)281-1200 FAx:(651)281-1299 ST. PAUL, MN 55103-2044 TOLL MEE: (800)925-1122 wES:www.L mc.oac Page 32 of 50 Oak Park Heights Request for Council Action Meeting Date June 9th 2015 Time Required: 10 Minutes Agenda Item Title: Oak Park Ileigl?ts Senior Living—Phase IV—Green Twig Villas Bond Issuance AssiWWe. Agenda Placement Public Heari Originating Department/Req stor Eri J son City Admiaistrator Requester's Signature Action Requested Please se b ow. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo and associated resolution. Page 33 of 50 w City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 June 411, 2015 MEMO T0: Mayor and City Council mem:bers FROM: Eric Johnson, City AdminiW6 RE. PUBILC HEARING &Consider/Approval for Nolde- Revenue Bond Request $7.2 Million. l Developer Tim Nolde is requesting that the City issue a$7.2 Million dollar revenue bond to fund the construction of his proposed 62-unit—two level affordable senior housing facility. The$7.2 Million Dollar bond amount is the maximum amount to be issued. The City's issuance would not constitute a debt of the City and the City would pledge no taxes or other revenues to repay the Bonds. Rather,the bond issuance utilizing the name of the City is conduit revenue financing, which results in a tax-exempt interest rate on the Bonds. Tax-exempt interest rates are significantly lower than taxable interest rates. Additionally,the Developer will be able to access a tax credit for which the Developer can save investment costs. Savings from the tax-exempt revenue bonds and the available tax credits are therefore passed on to eligible residents of the facility. The City has issued in the past similar Revenue Bonds for both Mr. Nolde and VSSA(Boutwell's Landing). The City charges a 1.0% loan fee which would be approximately$72,000 (based on the maximum principal amount of$7.2 Million)and a continuing financial reporting fee per year of 0.1% annually based on the remaining principal balance of the debt,or about$7,000 per year. The Developer is also responsible to pay application fees and escrow deposit to cover all of the City's costs in this transaction. It is important to note that the planned development would be AGE RESTICTED so that the primary resident in the household would need to meet that age requirement of 55 years old.And that these are not"Section 8"or other direct renter subsidy housing. Each occupant will be required to meet a federally set income level and follow all Federal and State regulations.Again, the only subsidy in play is the tax credit rebate the developer receives to reduce his operating costs AND the reduced interest charges from the tax-exempt Revenue Bond issuance as compared to taxable direct lender financing. NEEDED ACTION: 1. For the June 9th, 2015 meeting,the City Council must hold the public hearing as outlined in the PUBLIC HEARING NOTICE as attached. a 2. If the City Council does desire to move forward with this issuance the City should adopt the enclosed resolution setting forth the parameters of the conduit revenue financing and a housing program. It should be noted again that all final agreements and layouts would be consistent with earlier tarty Council approvals from a zoning, land use and density perspective. J Page 34 of 50 y EXHIBIT A PUBLIC NOTICE NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF OAK PARK HEIGHTS,MINNESOTA,TO CONSIDER THE ISSUANCE OF REVENUE BONDS BY THE CITY TO FINANCE THE ACQUISITION, CONSTRUCTION, AND EQUIPPING BY GREEN TWIG VILLAS,LLLP OF A MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE LOCATED IN THE CITY NOTICE 1S HEREBY GIVEN that the City Council (the "Council") of the City of Oak Park Heights, Minnesota(the "City"), will hold a public hearing on Tuesday,,tune 9, 2015, at or after 7:00 p.m. at City Hail, 14168 Oak Park Boulevard in the City, to consider a proposal that the City authorize the issuance of revenue bonds (the"Bonds"), in one or more series, under Minnesota Statutes, Chapter 462C, as amended (the "Act") and pursuant to a housing program prepared in accordance with the Act (the "Housing Program"). The Bonds are proposed to be issued to finance the: (i) acquisition, construction and equipping of an approximately 62-unit, two-story senior apartment building with an underground parking garage, to be located at the southeast intersection of Nova Scotia Avenue North and Upper 58th Street North in the City (the "Project"), (ii) payment of interest on the Bonds during the construction of the Project; (iii) funding of one or more reserve funds to secure the timely payment of the Bonds; and(iv) the payment of all or a portion of the costs of issuing the Bonds. The Project will be owned and operated by Green Twig Villas, LLLP, a Minnesota limited liability limited partnership (the "Borrower"). The estimated aggregate principal amount of the Bonds will not exceed $7,200,000. Following the public hearing, the Council will consider a resolution approving the Housing Program, and granting approval to the issuance of the Bonds. A draft copy of the Housing Program is available for public inspection during normal business hours, Monday through Friday, at City Hall in the City. The Bonds will be special, limited obligations of the City and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bond will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any assets, revenues, or other property of the City. Before issuing the Bonds, the City will enter into an agreement with the Borrower, whereby the Borrower will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Bonds when due(which will be assigned and pledged to the payment of the Bonds). Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. In addition, interested persons may file written comments respecting the proposal with the City Administrator at or prior to the public hearing. [Publish May 221 Page 35 of 50 RESOLUTION RESOLUTION RELATING TO A MULTIFAMILY HOUSING DEVELOPMENT, AND THE ISSUANCE OF REVENUE BONDS TO FINANCE THE COSTS THEREOF UNDER MINNESOTA STATUTES,CHAPTER 462C,AS AMENDED; GRANTING PRELIMINARY APPROVAL THERETO; APPROVING A HOUSING PROGRAM; AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO (GREEN TWIG VILLAS PROJECT) BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota(the "City"), as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance or refinance multifamily housing developments located within the City. 1.02. As a condition to the issuance of such revenue bonds, the City must adopt a housing program providing the information required by Section 462C.03, subdivision I a, of the Act(the"Housing Program"). 1.03. Green Twig Villas LLLP, a Minnesota limited liability limited partnership (the "Borrower"), has proposed that the City, pursuant to the Act, issue its revenue bonds in an aggregate principal amount not to exceed $7,200,000, in one or more series at one time or from time to time (the "Bonds"),the proceeds of which will be loaned by the City to the Borrower to be applied by the Borrower to the(i)acquisition, construction,and equipping of an approximately 62-unit,two-story senior apartment building with an underground parking garage to be located at the southeast intersection of Nova Scotia Avenue North and Upper 58th Street North in the City (the "Project"); (ii) payment of interest on the Bonds during the construction of the Project; (iii) funding of one or more reserve funds to secure the timely payment of the Bonds; and (iv)payment of all or a portion of the costs of issuing the Bonds. 1.04. Under Section 147(f) of the Internal Revenue Code of 1486, as amended (the"Code"), prior to the issuance of the Bonds a public hearing duly noticed must be held by the City Council. Under Section 462C.04, subdivision 2, of the Act, a public hearing must be held on the housing program after one publication of notice in a newspaper circulating generally in the City, at least fifteen(15) days before the hearing. 1.05. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation may be made pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act") after the City has granted preliminary approval to the issuance of the Bonds and has authorized the submission of an application to Minnesota Management& Budget for an allocation of bonding authority with respect to the Bonds to finance the Project. Section 2. Preliminary_Findings. Based on representations made by the Borrower to the City to date, the City Council of the City hereby makes the following preliminary findings, determinations, and declarations: 462434v1 3SB AK 145-6 Page 36 of 50 (a) The Project consists of a housing development designed and intended to be used for rental occupancy. (b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan will be applied to: (i)the acquisition, construction, and equipping of the Project; (ii) payment of interest on the Bonds during the construction of the Project; (iii) funding of one or more reserve funds to secure the timely payment of the Bonds; and (iv) the payment of all or a portion of the costs of issuing the Bonds. The City will enter into a loan agreement (or other revenue agreement) with the Borrower requiring loan repayments from the Borrower in amounts sufficient to repay the loan when due and requiring the Borrower to pay all costs of maintaining and insuring the Project, including taxes thereon. (c) In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition, construction, and equipping of the Project and related costs, the City's purpose is to further the policies of the Act. (d) The Bonds will be limited obligations of the City payable solely from the revenues pledged to the payment thereof, and will not be a general or moral obligation of the City and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 3. Public Hearing. On the date hereof, the City conducted a public hearing on the Housing Program, the Project, and the issuance of revenue obligations by the City, notice of which hearing (the "Public Notice") was published as required by Minnesota Statutes, Section 462C.04, subdivision 2, of the Act, and Section 147(f) of the Internal Revenue Code of 1986, as amended. The Public Notice provided a general, functional description of the Project, as well as the maximum aggregate face amount of the obligations to be issued for the purposes referenced above, the identity of the initial owner, operator, or manager of the Project, and the location of the Project. The Public Notice was published in a newspaper circulating generally in the City on a date at least 15 days before the meeting of the City Council at which the public hearing will take place. At the public hearing a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of revenue obligations. Section 4. Housing Pro am. The Housing Program was submitted the Housing Program to the Metropolitan Council for its review on or before the date of publication of the Public Notice. The Housing Program is hereby approved. Section 5. Preliminary Approval. The City Council hereby provides preliminary approval to the issuance of the Bonds in the approximate aggregate principal amount of$7,200,000 to finance all or a portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i) receipt of an allocation of the bonding authority from the State of Minnesota; (ii)final approval following the preparation of bond documents; and(iii) final determination by the City Council that the financing of the Project and the issuance of the Bonds are in the best interests of the City. Section 6. Submission of an Application for an Allocation of Bonding Authority. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made to Minnesota Management & Budget pursuant to the requirements of the Allocation Act. The City Council hereby authorizes the submission of an application for allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act in accordance with the requirements of the Allocation Act. The Mayor of the City, the City Administrator, and Kennedy&Graven, Chartered, acting as bond counsel with respect to the Project and the Bonds, are hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to submit an application for an allocation of bonding authority. 462434v1 JSB AK145fi 2 Page 37 of 50 Section 7. Costs. The Borrower has deposited funds in escrow to pay any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, including legal fees, as further required by the City's policy on the issuance of tax-exempt bonds, which has been communicated to the Borrower and is on file with the City Administrator. In addition, the Borrower must also pay the administrative fee of the City on the date of issuance of the Bonds. Section 8. Commitment Conditional. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a result of information made available to or obtained by the City during its review of the Project, it appears that the Project or the issuance of Bonds to finance or refinance the costs thereof is not in the public interest or is inconsistent with the purposes of the Act, the City reserves the right to decline to give final approval to the issuance of the Bonds. The City also retains the right, in its sole discretion, to withdraw from participation and accordingly not issue the Bonds should the City Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not to issue the Bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents for the transaction. The motion for adoption of the foregoing resolution was made by Member , duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Adopted by the City Council of the City of Oak Park Heights, Minnesota, this 9th day of June, 2415. CITY OF OAK PARK HEIGHTS, MINNESOTA By its Mayor Attest: By its City Administrator 462434v1 3SB AK145-6 3 Page 38 of 50 STATE OF MINNESOTA } } COUNTY OF WASHINGTON ) SS. CITY OF OAK PARK HEIGHTS ) 1,the undersigned, being the duly qualified and acting City Administrator of the City of Oak Park Heights, Minnesota(the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on June 9,2015, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to calling a public hearing on the City's revenue bonds to finance a senior housing revenue project. WITNESS My hand as Administrator and the corporate seal of the City this day of June, 2015. City Administrator City of Oak Park Heights,Minnesota 4624341 JSB AK145-6 Page 39 of 50 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 40 of 50 Oak Park Heights Request for Council Action Meeting Date: May 26"', 2015 Time Required: 1 min Agenda Item Title: Tobacco Compliance Violation - Walgreens Agenda Placement: New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Schedule Hearing to Show Cause- Walgreens Background/Justification: On April 22, 2015 the Oak Park Heights Police Dept. conducted routine tobacco compliance checks on all vendors licensed within the city of Oak Park Heights, MN. During the compliance check an officer of the OPII P.D. was assisted by a less than 18 year old volunteer. The volunteer entered the business of Walgreens asking the store clerk for a pack of cigarettes. The clerk asked for identification. The clerk completed the sale of a pack of cigarettes. The under 18 year old volunteer completed the transaction using US Currency that was provided by the OPH P.D. The OPH P.D. Officer then returned immediately to the store and advised the store manager and the clerk of the offense. The clerk is being charged criminally under MNSS 609.685.1A- I"violation misdemeanor offense. The merchant Walgreens has had previous violations however;no violations apply to the look back period of 24 months in compliance with city resolution. In conformance with OPH Resolution 01-02- 13,I recommend the council schedule a Hearing to Show Cause on June 91', 2015 with the purpose of reviewing the incident for imposition of a $500 sanction. UPDATE—06-03-2015 I have had conversation with Walgreens Corporate Legal staff and they have acknowledged the offense and stipulate to the $500 sanction. They said they will be mailing the sanction ASAP. With this information we continue with imposing the sanction, but no hearing or appearance will be i required by the vendor. Page 41 of 50 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 42 of 50 P"- - Oak Park Heights Request for Council Action Meeting Date June 9`1', 2015 Time Required: 5 Minutes Agenda Item Title: Consider Scheduling an "Ribbon. Cutting" Event for Oak Park Crossing, Park Agenda.Placement New Business Originating; Department/Requestor Mayor McComber Requester's Signature Action Requested Discussion Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In conjunction with the anticipated new sign placement, I would like the City Council to consider the possibility setting a date in the near future for a ribbon cutting or other event for an official opening of Oak Park Crossing Park. Once the Council selects a date, we can coordinate with the Park Commission and others including Xcel Energy, other volunteers, etc. Page 43 of 50 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 44 of 50 Oak Park Heights Request for Council Action Meeting Date June 91". 2015_ Time Required: 5 Minutes Agenda item Title: Consider Ordinance Amendments Off- Sale Growlers & Sunday ON Sale— Start Time. Agenda Placement New Business Originating Department/Requestor Mayor McComber Requester's Signature Action Requested Discussion , Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I would like the City Council to consider the possibility of developing City Ordinance amendments that relates to two new actions taken in this past session by the State Legislature,specifically the Off-Sale Growlers and the"Bloody Mary" laws. The City may not have any business now that are eligible for Growler sales or may not be seeking the earlier on-sale of intoxicating liquor; but the City can be proactive in considering it and be prepared in the event the request is made. Specifically: (notes from the LMC) Off-sale growlers on Sunday the law amends Minnesota Statutes,section 340A.301, subdivisions 6d and 7 to allow a brewer to sell growlers on Sundays. The city may be approached by a state-licensed brewer that is interested in Sunday off-sale of growlers of malt liquor produced and packaged by the brewer, To do so,the brewer will need an off-sale license and general approval of Sunday growler sales from the city council. If a brewer already has an off-sale license(to sell growlers), the city must simply approve Sunday growler sales in general,as well as the hours off-sale can occur. Upon publication of an ordinance doing this, the licensed brewer may sell growlers on Sunday. If the brewer doesn't have an off- sale license,and the city wishes to grant such a license, first the city needs to make sure the city ordinance allows for such a license. The city must still approve Sunday sales and the hours for which Sunday sales of growlers are permitted. Once such an ordinance is published, and the new license is approved by the state, Sunday growler sales are legal. If the city doesn't wish to allow Sunday sales of growlers, it need not issue this license. `Bloody Mary' law In cities where Sunday on-sale has been authorized by voters, a restaurant, club, bowling center or hotel (with a seating capacity of at least 30 persons)that holds an on-sale intoxicating liquor license and a Sunday license may now serve intoxicating liquor with food on Sundays as early as 8 a.m., due to the law's changes to Minnesota Statutes,section 340A.504, subdivision 3. Previously, no alcohol could be served by an establishment prior to 10 a.m. on Sunday. How a city must proceed depends on whether it wishes to allow the earlier start time and whether it has set specific hours of Sunday on-sale service by ordinance. If a city has explicitly stated hours of Sunday on-sale liquor service in ordinance and wishes to allow Sunday sales as early as 8 a,m,, it will have to change the ordinance. If the city doesn't wish to change the specific hours set in ordinance, the city need not change them, and businesses must continue to follow the ordinance. If the city has not set hours of Sunday on-sale in ordinance or simply defers to state law on the matter, it need not change its ordinance now unless it wants to set a start time other than 8 a.m. City Ordinance 1202.10-cites the City's 10 am requirement and could be amended to 8:00 am-See Enclosed. Page 45 of 50 GZfi between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except as provided by Subdivision 2. 02.. L --} 2. Intoxicating liquor Sunday sales on-sale.A restaurant,club,bowling center or hotel with a seating capacity for at least thirty(30)persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on th ises ill conjunction with the sale of food between the hours o 10:00• 'In. on Sundays and 1:00 a.m. on Mondays, provided that the icensee is in conformance with the freedom to Breathe Act of 2007. 3. Intoxicating liquor"Off-Sale." No sale of intoxicating liquor may be made by an off-sale licensee: a. On Sundays; b. before 8:00 a.m. on Monday through Saturday; C. after 10:00 p.m. on Monday through Saturday at an establishment located in the City; d. on Thanksgiving Day; e. on Christmas Day, December 25; or f. after 8:00 p.m. on Christmas Eve, December 24, 4. No licensee under this Ordinance for sale of intoxicating liquor for purposes of consumption on premises shall permit any person to consume intoxicating liquor on the licensee's premises within the time when the sale thereof is prohibited as specified in Section 1202.10 L,except for a period offifteen(1 S)minutes after the closing hours set forth above. During the time such consumption is prohibited, such licensee shall not permit any non-consumed intoxicating liquor or any glasses, bottles, or other containers,tables or booths where the customers are ordinarily served in his place of business. It shall be unlawful for any person or customer other than the licensee or his employees to remain on the premises after fifteen (15) minutes of the closing hours set for above, 1202.11 Revocation. The Council may suspend or revoke any liquor license for violation of any provision or condition of this Ordinance or any State law regulating; the sale of intoxicating; liquor and shall revoke such license if the licensee willfully violates any provision of 5 Page 46 of 50 340A.504 MINNESOTA STATUTES 2014 2 (5) after 8:00 p.m. on Christmas Eve,December 24. Subd. 5. Bottle clubs. No establishment licensed under section 340A.414, may permit a person to consume or display intoxicating liquor, and no person may consume or display intoxicating liquor between 1:00 a.m, and 12:00 noon on Sundays,and between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. Subd. 6. Municipalities may limit hours. A, municipality may further limit the hours of on and off sales of alcoholic beverages,provided that further restricted on-sale hours for intoxicating liquor must apply equally to on-sale hours of 3.2 percent malt liquor, A city may not permit the sale of alcoholic beverages during hours when the sale is prohibited by this section. Subd_ 7. Sales after 1:00 a.m.; permit fee. (a)No licensee may sell intoxicating liquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has obtained a permit from the commissioner. Application for the permit must be on a form the commissioner prescribes.Permits are effective for one year from date of issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in which the permit is issued, and is at the following rates: (1)up to$100,000 in gross receipts, $300; (2)over$100,000 but not over$500,000 in gross receipts, $750; and (3)over$500,000 in gross receipts, $1,000. For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a retailer of 3.2 percent malt liquor,the fee is$200. (b) The commissioner shall deposit all permit fees received under this subdivision in the alcohol en- forcement account in the special revenue fund. (c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish to the com- missioner the information necessary to administer and enforce this subdivision. History: 1985 c 139 s 1; 1985 c 305 art 7 s 4, 1Sp1985 c 16 art 2 s 3 Subd 1; 1987 c 5 s 4; 1987 e 152 art 1 s 1; 1988 c 420 s 1; 1989 c 49 s 3-5; 1990 c 554 s 14; 1991 c 249 s 21,22,31; 1992 c 513 art 3 s 60; 1994 c 611 s 26; 1997 c 129 art 1 s 8; 2002 c 318 s 2; 2003 c 126 s 10-12; 1Sp2003 c 19 art 2 s 59,79,- 2005 c 131 s 8-10,- 2005 e 136 art 8 s 18,19; 2006 e 210 s 13 Copyright C 2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. Page 47 of 50 Chapter 9 - Minnesota Session Laws Page 1 of 1 I1 /r OF_ SSE (20,,1 r2 S FFECTIVE DATE. This section is effective the day following final enactment. See. 2.Minnesota Statutes 2014,section 340A.301, subdivision 6d, is amended to read: Subd.6d. Small brewer license. (a)A brewer licensed under subdivision 6, clause (c), (i), or 0),may be issued a license by a municipality for off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the commissioner. The amount of malt liquor sold at off-sale may not exceed 500 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located,and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores except that malt liquor in growlers only maybe sold at off-sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may established by those jurisdictions. The malt liquor shall be packed in 64- ounce containers commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles shall bear a twist-type closure, cork, stopper,or plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container or bottle. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor,bear the name and address of the brewer selling the malt liquor, and shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. (b) A brewer may, but is not required to, refill any growler with malt liquor for off- sale at the request of a customer.A brewer refilling a growler must do so at its licensed premises and the growler must be filled at the tap at the time of sale.A growler refilled under this paragraph must be sealed and labeled in the manner described in paragraph(a). (c)A brewer may only have one license under this subdivision. (d) A municipality may not issue a license under this subdivision to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. (e)The municipality shall impose a licensing fee on a brewer holding a license under this subdivision, subject to limitations applicable to license fees under section 340A.408, subdivision 3, paragraph(a). Page 48 of 50 https://www.revisor.rnn.gov/Laws/?id-9&year=2015&type=0 6/4/2015 Chapter 9 - Minnesota Session Laws Page 1 of 1 I J �1 EFFECTIVE DATE.This section is effective July 1,2015. Sec. 7. Minnesota Statutes 2014,section 340A.504, subdivision 3,is amended to read: Subd. 3. Intoxicating liquor; Sunday sales; on-sale.(a)A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of-1.0:00 8:00 a.m. on Sundays and 2:00 a.m. on Mondays. (b)An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. The license must be issued by the governing body of the municipality for a period of one year,and the fee for the license may not exceed $200. (c) A city may issue a Sunday intoxicating liquor license only if authorized to do so by the voters of the city voting on the question at a general or special election. A county may issue a Sunday intoxicating liquor license in a town only if authorized to do so by the voters of the town as provided in paragraph(d).A county may issue a Sunday intoxicating liquor license in unorganized territory only if authorized to do so by the voters of the election precinct that contains the licensed premises, voting on the question at a general or special election. (d)An election conducted in a town on the question of the issuance by the county of Sunday sales licenses to establishments located in the town must be held on the day of the annual election of town officers. (e) Voter approval is not required for licenses issued by the Metropolitan Airports Commission or common carrier licenses issued by the commissioner. Common carriers serving intoxicating liquor on Sunday must obtain a Sunday license from the commissioner at an annual fee of$75, plus$30 for each duplicate. Page 49 of 50 https://www.revisor.nin.gov/laws/?id=9&year-2015&type=0 6/4/2015 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 50 of 50