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Home My WebLink About2004-09-28 CC Meeting Packet EnclosureS ENCLOSURE Oak Park ` Request for Council Action Meeting Date: Sep tember 2 8th., 2004 Agenda Item Title: H. S.I. Utilities Time Required 1 minute Agenda Placement: Consent A enda originating Department/ R.equ c,�`. Eric o son �� 1��inunlsr:�`a�or r- �A� - Requester's Signature .coon Requested: o /er and ,A ro-I . S.I. Utility �eent k��O� Backgr Justification (Please indicate any previous action, financial imp lications including budget infor nation and recommendations). H.S.I. has received tentative approval from the City of Stillwater to construct a 6 unit housin g facility on N. Panama Ave, I have enclosed a copy of the concept design. However, this structure must be serviced by Oak Park Heights utilities. Accordingly an appropriate agreement must put. in place that would allow such connections. The Stillwater City Attorney, Dave Magnuson has prepared e agreement and Mark vierlin the appropr�at g has reviewed such document and has stated that the document is acceptable. A v L C-81A.11 .4e� '0 ------- st Orman -street k0 IL I I"Id C '], 9- th • Streml. vi, 4 . 7- Fw"A LU. Z O - , T . i lz j � ti � � CJ "M= li`�• r it I ' 3 � + 1 Imo .. _.._ � fir+ i1,,.4••• E let i •t , •I, y�� i't: 4LO rP Jaw r I I. a- — CIT Vf 5 Kit spaces) . ------- L l , L t_h f { .4 – '4_.j A P1 ( g ar w e F–_ f a, wristrucooft -al"If I tj ' Home ree F ILI 1 r 0 4 T-0 tits I 5 U09 Ba-0 rib IV it n x i c a we d 'M J la notes: wq it P x ro 1 Nvoi w 4 AU a 1T1 rry wr im't A&. vm Yr. L4-.117 von W I rrT,4 f �.•1 I%- a l," W.. W. a. Cw r n I. a X L I ., r P. WA v kAs%w fluir-1 p,,!;i ta 1 4w. (m Lw3 vi. T 11•• Zt.111A ■ f. 1. P1 1, 0; %..1P I w I I v I MIA, "AAL. .k"l a jr k a M IA'tj • W't I ! -UW% L W. ^: C I Arr-•T•T r, v mi *r mv -t-. Ml. b^w ft.Th4A k? I P IF", 4 Irf 14`0 i6v� r. I S 4; lj L j ' X '.' T4 ' a ,. 4 . I"–. , ",' ij, i t'. �: % 11 & 'K• ilk 40a rjw k r;w I I w.'Ll V IV I vl or J- k w III v ".P 4, • rw. 1j.. _&a. • .1%I11w * W Lfte,viv. L.."AIA� Ilf '.'4L7L7 Ur. at I. del rp. 4% �w *1 ft Fm1n4 rahk daW: Uj Uj LCT AFrk 40,770 � IF. crr.--A jr_?rt. z 'Xk i TY, I Lw1tfvvP,95ck.A of1a;4le-A GqtN C) �.iiZMFSCMT. 1 ;)l I M A RFAF (Irr"I Iv ',m �vz ret� ricer 2.497 5dC,-Jr,d la plan . ficale. 1' tD L-2 0 4' TNT BD. WRAPPED L5, t LINTEL5 NTI-D WD. BALLUSTE 5, L5 * P`05T5 ffA5T ft�VAT[ON )rMAL1 Z"MINULtn NYL 5M INGLE5 NYL 5lDiNG lrTAL WRAPPED 2X M, TYP. @ WiNDOW5 .NYL WlNDt7W'5, TYP EMENT BD. 510ING NOKTH EL EVATION ./all = . Horne Free CERNL�K for Humarr Services fnroox) ��1�� l•�T��S mlod �> �� C u`bwwat@f IN June 24, 2004 LAW OFFICES OF Eckberg, L Briggs, Wolff & Vie ng, P.L.L.P. Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 oak Park Boulevard North P. 0. Box 2007 Oak Park Heights, Minnesota 55082 Lyle J. Eckb erg (1916- -2003) Paul A. Wolff (1 944- 1996) + QuaMed Neutral Arbitrator * Cerdited Real Estate Specialist +Qualifed Neutral Mediator SEP 2 1 20-04 Ls Re: Draft By David T. Magnuson of Agreement Relative to HSl Project- Oak Park Heights Utilities Dear Eric: 1 have reviewed the draft Agreement prepared for execution relative to the above. referenced project, by David Magnuson. The Agreement, as prepared, is consistent with the s agreements that we have had relative to exchange of utility services between. oak Park Heights and Stillwater on several properties, where it was more expeditious, convenient or practical to have those properties served by one community or another when they were physically located in the other community's J urisdiction. i have rio problem wiax the City'' approving iris A.gr=n.en.t anci executin g ii in the form as provided. MN /mkr 1835 North Avenue James F. Lammers Stillwatet, Minnes 55082 Robert G. Briggs Mark J. vierling * (651) 439 --2878 Th omas J. Weidner Susan D. Olson � ,. �'A� (651) 4.39--2 23 David K. Snyder Writer's dir di numb Sean P, Stokes (651) 351 -2118 Baiers C. Heeren Laura L. Doma0a Joshua D. Christensen September 20, 2004 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 oak Park Boulevard North P. 0. Box 2007 Oak Park Heights, Minnesota 55082 Lyle J. Eckb erg (1916- -2003) Paul A. Wolff (1 944- 1996) + QuaMed Neutral Arbitrator * Cerdited Real Estate Specialist +Qualifed Neutral Mediator SEP 2 1 20-04 Ls Re: Draft By David T. Magnuson of Agreement Relative to HSl Project- Oak Park Heights Utilities Dear Eric: 1 have reviewed the draft Agreement prepared for execution relative to the above. referenced project, by David Magnuson. The Agreement, as prepared, is consistent with the s agreements that we have had relative to exchange of utility services between. oak Park Heights and Stillwater on several properties, where it was more expeditious, convenient or practical to have those properties served by one community or another when they were physically located in the other community's J urisdiction. i have rio problem wiax the City'' approving iris A.gr=n.en.t anci executin g ii in the form as provided. MN /mkr M pfflm� LtcENssn IN MnN�,MsornAND wIscoNSTrr J)ffi DESCU OFFICB 13= 1NG 333 NORTH MAIN SS 1 5tapa ;4202 % r,0, Box M % ST`I.L1VA'T�� SoB� Tjjwu ; (651) 43s -9464 'FAx; (651)439-6641 D AVID T, MA "vsoN September 17, 2004 FAX — 439 -2923 Mark vierling Eckber g, Lw=ers, Bn`ggs, �'a ff Vier ling 1835 orthwes tern Met e Stillwater, MN 5 S 4 S 2 R Hsi pro } `ec t — Oa k ,dark Heights Uti Dear Mark: MARG.AR T Me MURPHY Agreement for the ��x reject. I used as a basis for this Enclosed is a su ggest ed faun of A��ree p r A • oe�ne�t, a document drafted by Mark in 1994 that dealt with a hookup of the .Allern� prapert'. ' des for bath water and sewer seirices. According you will note that the Agreement provi to tile Water Department, the closest City w ater sery ice is an First Street and that private service ` din on Orleans. ji McKnight t�s it would be is brought all the way to the front of the b�� e for Oak 'ark to provide water seq. - vices as well. feasible P Let me know what you think. Yours very truly, David To Magnuson Stillwater City Attorney DTIvlJnm Enclosure cc. Eric Jokwson (bar fax) Larry D, Hansen (by fax) 0 11:40 MPGNUSO ! LAW FIRM NU . V o l VV.Q • ` -4 � AGREIEWNT THIS AGREEMENT made this day of � 2004, between the City of • • • referred to as "Stillwater'; the City of oak Park St a m un ici p a l c orporation, h ereinafter Heights, a mun ' anon , hereinafter referred, to as "Oak Park Heights ", and Ilurnan Serv , Inc., a Minneso non roft oration, hereinafter referred, to as , Hs r", being the F corporation, within the City of Stillwater, Counter of. Washington and State of owners of real property located ty Mnnesom, being legally described as follows, to -Wit: Lots 5 6 and the East Y of vacated East St. Croix Street, Block 1, Webster's 3rd Addition. WHI�;:�t.EAS, HSI have made application to the City of Oak Park Heights and to the City s O ak Park Heig hts muni he "Utili�.es '� of S�llv�ater to connect to � al sewer and water systems (t g p representing that they will hoo p �' k u to the C i t y of Oak Park Heights' Utilities subject to the expenses incurred therein and to the following certain conditions. sub` payment of all fees and e�pe�a J RE 13H IT AGREED by and between the parties hereto as follows: T hat in the e vent Stillwater constructs a sanitary sewer system or water system in the future that would otherwise serve the property, BSI hereby waives any objection to the t , which obj ection o�nstruction of the Stillwater sys tem, has as its basis or foundation that the , .l prop erty is alrea served by the City of Oa Park Heights' system. P � � 2. HSI also waives any objection to assessments from the City of Stillwater for a Stillwater surer or water system, phi � ` whi objecti ors has its basis o foundation that the property is already served by the City of Oak park Heights' system. 3, That HSI agrees that the terms and conditions set forth herein shall operate as a covenant which shall nw with the land and bind the land and be appurtenant to the land and &rther be binding 011 alb fu xe owners assn eC$, transferees, personal representatives or trustees of HST. 4, That HSI hereby agrees that the Cit o f Stillwater may, upon written certificarion by the City Clerk of the City of Oak Park Heights, certify for collection with real estate taxes, any delinquent Oak Park Heights' sewer or water bills. 5. That the City of Oak Park Heights will provide mtimicipal water and sanitary sewer service to the property and HST agrees to pay the following fees: (a) Plumbing inspection fee $ (b) Sewer Hook up charge $ (c) Water Took up charge $ (d) S.A.C. charge $ (e\ Payment of monthly sewer and grater service charges at the rate established f or similar properties in. the City of Oak paz'k. Heights, (fj That HSI Aurtber Agrees that the property must hook up to the sewer and water system of the City of Oak Park Heights under the supervision of the Director of Public Utilities for the City of Oak �'�u'k Heights, its en.gimeer, plumbing inspector, and maintenance department. All installation and/or restoration costs will be borne entirely by the property ovvxier. IN FITNESS WHEREOF, the parties have set them hands this dap of zaoa. +CITE'' OF STYLLWATEIa. Jay L. Kimble, 'Its Mayor ATTEST: Diane F. Ward, Its City Clerk wo 2we 09/1?/04 11 : 416 MHL NUbUN LHW t- i INU I= J. VUa STATE OF MI4NESOTA 55 COUNTY OF WASHINGTON � The foregoing instnunent was acknowledged before me this day of September, 2004, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public CITY of oar PARK zGSTs David Beaudet, Its Mayor Eric Johnson, Its City Admu"istrator STATE OF NiNNESOTA ) )SS COUN'TY OF WASHINGTON The f oregoing instrument was acknowledged before me this day of September, by David Beaudet May and Mc Johnson, Administrator, for the City of Oak Park. pleightst Notary public HUMAN SERVICES, INC., a Minnesota non—profit corporation By; Robml Butler, Ph.D. Its. Chief Executive Officer -.3- F a ti • � r i r t STATE OF MII�NE50TA � )SS COUNTY OF WASHTNGTON ) as acknowledged b efore me this .�.�.r.... day of September, 'fie foregoing tns� ent �v' g 2004 by Robert Butler, Ph.D. the Chief Executive Officer, duly authorized agent for Human Services, Inc., a M=` esota non— profit corporation, Votary Public THIS INSTRUMENT DRAFTED BY: ]avid T. Magnuson Magnuson Law Fir 333 North Main Street, Suite 202 Stillwater, M` 55082 651.439464 telephone 651 -439 --5641 fax