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HomeMy WebLinkAbout2005 Campus Expansion Detachment & Annexation `.1 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 February 7th,2011 Mr. Don Theisen,Director/County Engineer Washington County Public Works Dept. 11660 Myeron Road Stillwater,MN 55082 RE: Roadway Reconstruction Dear Don: As stated in the Addendum#1 to the Developer's Agreement of March 2008,the City is anticipating that Washington County will undertaking the specified reconstruction of two roadway segments in 2011,those being: Segment#1 being that portion of 62n Street N. from Osgood Ave. easterly to Panama Ave and Segment#2 being Oxboro Ave from 62nd street N. to its terminus at the STH 36 frontage road. The City does have utility infrastructure in these areas and would be interested in replacing/ updating, inclu4ng but not limited to the water and sanitary sewers at the time of this reconstruction/Accordingly,what is the anticipated timeline for these improvements so that our work can ..tone in concert so as to not cause delays and to possibly find economies of scale? Regards /"rfric City Administrator ' `J I Cc: Weekly Notes Chris Long, Bonestroo Artli 2oa� AMENDMENT#1 BETWEEN TO AGREEMENT THE CITY OF STILLWATER, THE CITY OF OAK PARK HEIGHTS, AND THE COUNTY OF WASHINGTON FOR DEVELOPMENT ON THE CAMPUS OF THE WASHINGTON COUNTY GOVERNMENT CENTER THIS AGREEMENT amends the Joint Powers Agreement entered into by and among the City of Stillwater("Stillwater"), Washington County, Minnesota y ("County"), and the City of Oak Park Heights ("OPH"), and dated October 4, 2005, as follows: 1. The following definitions of road segments are added and effective for the oses of this Amendment as follows: p DEFINITIONS 1. Road Segment#1 shall be defined as that portion of 62' Street North from Osgood Avenue(County State Aid Highway 24) easterly to Panama Avenue, total length approx. 0.25 miles. 2. Road Segment#2 shall be defined as that portion of Oxboro Avenue from 62' Street North south to terminus at TH 36 frontage road, total length approx. 0.21 miles. 2. SECTION TWO is amended by adding the following provision: 5. Seasonal Weight Restrictions Stillwater delegates to the County its statutory authority to post seasonal weight restrictions on Road Segment#1 except that the County will not be authorized to allow weights in excess of 9 tons per axle. 3. SECTION THREE is amended by adding the following provision: 7. Seasonal Weight Restrictions OPH delegates to the County its statutory authority to post seasonal weight restrictions on Road Segments#1 and#2 except that the County will not be authorized to allow weights in excess of 9 tons per axle. tY Page 1 of 3 4. SECTION FOUR is amended by adding the following provisions: 9. Seasonal Weight Restrictions. The County will provide all necessary signing for posting seasonal weight restrictions on Segment#1 and Segment#2. 10. Routine Road Surface Maintenance. The County will provide all customary maintenance for Segment#1 and Segment#2 maintaining roadway surfaces in safe and passable condition beginning on the Amendment#1 effective date of March 14, 2008. Routine maintenance includes but is not limited to: a. Pothole patching and crack repair b. Street Sweeping c. Pavement striping and pavement messages d. Highway signing e. Snow and ice removal 11. Road Surface Repairs. The County will immediately repair any damage caused by truck construction traffic in and about the County Government Center 12. Jurisdictional Transfer. The County Engineer will initiate discussions with Stillwater and OPH City Engineers on jurisdictional transfer of Segment#1 and Segment#2 to Washington County under MN Stat. 163.11 for designation as a County Road. The County will make good faith effort to complete jurisdictional transfer by August 1, 2008. All parties hereto agree to cooperate and pursue to completion the transfer of roadway authority for road segment 1 and 2 to the County. 13. Road Improvements. The County will reconstruct Segments#1 and Segment#2 by December 31st, 2011. The County may not alter street parking signage as currently installed on Segment#2 or change or close street access thereto from the Oak Park Apartments or Oakridge Place without the consent of the City of OPH, or until such time the County has complete roadway jurisdiction over this Segment. #2 . a. The project scope will include improvement of traffic flow to the public parking areas, improvement in pedestrian facilities, and shall at a minimum meet the MNDOT State Aid for Local Transportation standards for an urban road section. b. Oak Park Heights and Stillwater financial participation will be limited to any costs associated with improvements made to City utilities (water, sanitary sewer and storm sewer). The cities shall retain all necessary utility easements as required by each City Engineer Page 2 of 3 1 and cities shall not be responsible for final site restoration costs should such utilities require maintenance, service, replacement or other needed access. 14. The terms and provisions of this agreement shall be incorporated by reference into the August 10, 2007 Developer's Agreement executed between the City of Oak Park Heights and Washington County. OPH may retain$50,000.00 of the Letter of Credit to secure the reconstruction of the segments. This may be secured until the reconstruction has been completed or the County assumes jurisdiction of the segments, whichever comes first. IN WITNESS WHEREOF,the parties have executed this Amendment#1 as of the date first hereinabove written and is agreed to be effective as of March 14, 2008. M r1.x' CITY OF-4 0 °w IGHTS IC CITY OF STILLWATER D, •rd : 'det, Mayor . - . 'arycki, Mayor By / ` — By .En ohnson, City Admin. • . Larryy Hansen, City Administrator Dated: 24 -0 1 Dated: "Y-//—D k Ai). •ved .: to Form Approved as to Form By: 1 CI e 'omey 0- ,�y� = City Attome illwater COUN OF WASHINGTON By _ .- icli • • .46,.,-_........he Denn' . Hegber ,, C Or ty Board i By . James R. Schug,Admi i strator Dated 7 — ) D Y APPROVED alS TO RM By Coun Atto ly Page 3 of 3 ECKBERG,, pb, LAMMERS OW_ ATTORNEYS AT LAW --- Stillwater Office: 1809 Northwestern Avenue Writer's Direct Dial: Stillwater, Minnesota 55082 (651)351-2118 (651)439-2878 Fax(651)439-2923 W E-mail: Writer's ri mvierling@eckberglammers.com Hudson Office: 2417 Monetary Boulevard April 28, 2008 Hudson, Wisconsin 54016 (715)386-3733 Fax(651)439-2923 Eric Johnson www.eckberglammers.com City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: Amendment No. I to Agreement Between City of Stillwater and the City of Oak Park Heights and Washington County Regarding Development of the Washington County Campus Dear Eric: Enclosed herewith I have reviewed and provided back to you the three original agreements with regard the above-referenced project. I have retained a photocopy of sam- g to route the originals back to the signing ile and trust that you will g g parties. Yo M, . 'ierling MJV/sdb Enclosure ECKBERG, LAMMERS, BRIGGS, WOLFF 8 VIERLING, PLLP Family Law/Divorce • Business and Commercial Law • Criminal Law • Personal Injury/Wrongful Death Estate Planning/Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation t I D-428 Oak Park Heights/A-7378 Stillwater Oak Park Heights Resolution No. 05-09-37 Stillwater Resolution No. 2005-212 * STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS , ' /D- _S IN THE MATTER OF THE DETACHMENT AND ) ANNEXATION OF CERTAIN LAND BETWEEN ) FINDINGS OF FACT THE CITIES OF OAK PARK HEIGHTS AND STILLWATER PURSUANT TO MINNESOTA ) CONCLUSIONS OF LAW ) AND ORDER STATUTES 414 WHEREAS, on November 4,2005,Municipal Boundary Adjustments received resolutions from the Cities of Oak Park Heights and Stillwater, requesting the concurrent detachment and annexation of certain property between the two cities pursuant to Minnesota Statutes 414.061. WHEREAS,Reorganization Order No. 192, effective March 8,2005,has transferred the duties of the Director to the Chief Administrative Law Judge; and After review of the resolutions, the Chief Administrative Law Judge hereby makes and files the following Findings of Fact, Conclusions of Law, and Order. FINDINGS OF FACT 1. That resolutions were duly filed with the Office of Administrative Hearings- Municipal Boundary Adjustments requesting concurrent detachment and annexation of certain property from the Cities of Oak Park Heights and Stillwater. 2. The resolutions contained all the information required by statute including a description of the territory proposed for concurrent detachment and annexation,which is as follows: Those parts of Lots 16 through 30 Block 5, Lots 1 through I5 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 ' _2_ 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 S and the easterly extension thereof and northerly of the following described Line "X". g 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 X"there terminating. Together with: The south 30 feet of the north 50 feet of Lots 16 through 30 Block 5, McMillan and Coole 's Addition to Stillwater, MN. Y 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. Together with: Those parts of Blocks 1 and 2 of MURDOCKS ADDITION TO OAK PARK,those parts of Blocks l and 2 now vacated of MURDOCKS ADDITION TO OAK PARK,that part of Hubert Street and that part of'62"d Street North(platted as Prairie Street) Iocated in the Southwest Quarter of Section 34,Township 30 North,Range 20 West of the 4h Principal Meridian, Washington County,Minnesota being described as follows: Beginning at the southeast corner of Lot I,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"d 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: -4 annexation. CONCLUSIONS OF LAW 1. The Office of Administrative Hearings has duly acquired and now ow has Jurisdiction of the within proceeding. 2. An order should be issued by the Chief Administrative Law Jude g concurrently • detaching and annexing the area described herein. ORDER 1. IT IS HEREBY ORDERED: That the property described in Findings of Fact 2 be, and the same hereby is, detached from the City of Oak Park Heights and annexed to the City the same as if it had originally been made ty of a part thereof. Dated this 10th day of November,2005. For the Chief Administrative Law Judge 658 Cedar Street,Room 300 St.Paul Minnesota 55155 Christine M. Scotillo Executive Director Municipal Boundary Adjustments • r■enettKr" STATE OF MINNESOTA o,=;: OFFICE OF ADMINISTRATIVE HEARINGS •: ,� MUNICIPAL BOUNDARY ADJUSTMENTS UNIT 658 Cedar Street, Room 300 St. Paul, Minnesota 55155 •'`�*i85sk , Telephone(651)284-3383 Fax(651)284-3545 TTY 800-627-3529 November 8, 2005 Ann Pung-Terwedo Washington County Senior Planner Washington County Government Center 141949 - 62nd Street,North P. O. Box 6 Stillwater,MN 55082-0006 Re: D-428 Oak Park Heights/A-7378 Stillwater Oak Park Heights Resolution 05-09-37/Stillwater Resolution 2005-212; 5.85 acres) Dear Ms. Peterson: The Office of Administrative Hearings acknowledges receipt of the cities' resolutions for concurrent detachment and annexation. Please refer to the above docket number in future communications regarding this proposed boundary adjustment. As discussed, you will be submitting the $100 filing fee. (Filing fees are $4 per acre with a minimum fee of$100 and a maximum fee of$600.) This matter will be scheduled for review. The property description will be reviewed, and you will be contacted if there are any problems. If you have any questions,please contact this office. Sincerely, [k ,C(.0-HL Christine M. Scotillo Executive Director Municipal Boundary Adjustments CMS:ry c: Ivtva Peterson, Washington County Board Chair ric Johnson, Oak Park Heights City Administrator Diane Ward, Stillwater City Clerk ECKBERG4p4, LAMMERS ,,11 ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 Stillwater, Minnesota 55082 Writer's direct dial number: (651)439-2878 (651) 351-2118 Fax(651)439-2923 www.eckberglammers.com October 13, 2005 James Lammers Robert Briggs Mark Vierling Thomas Weidner Susan Olson Mr. Richard Hodson David Snyder Assistant County Attorney Sean Stokes Washington County Government Center Baiers Heeren 14949—62nd Street North Laura Domagala Joshua Christensen P.O. Box 6 Stillwater, Minnesota 55082 Re: County Parking Lot Expansion Dear Dick: Enclosed please find the original Reconveyance Deed signed by the City of Oak Park Heights with regard to the alley affected by the joint agreement between the City of Stillwater and the City of Oak Park Heights and Washington County with regard to development on campus for the Washington County Government Center. I assume that you will continue to proceed ahead with the filing of the agreement and the various resolutions with the Minnesota Municipal Board and keep up copied on the various transmissions that go forward in this matter so that we can adjust our records accordingly. If you are requiring additional documents from the City,please feel free to contact me directly. Yours very truly, Mark J.Vierling MJV/sdb Enclosure cc: Eric Johnson, City Administrator ECKBERG, LAMMERS, BRIGGS, WOLFF G VIERLING, PLLP Family Law/Divorce • Business and Commercial Law • Criminal Law • Personal Injury/Wrongful Death Estate Planning/Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation a II r �' � PT Form 975(Revised 04/03) Minnesota Department of Revenue Reconveyance of Forfeited Lands to the St By a Governmental Subdivision o Minnesota Under Minnesota Statutes,Section 282.01, Subdivision id State Deed Tax Due Hereon: 11,61 WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to 1c, the State i f h day of to of Minnesota, on the a governmental subdivision of the State of Minnesota (hereinafter "Governmental Subdivision"),�he_City f flak '� ^�'��S ----- the real property described below(hereinafter"Property") ston"), by state deed numbered P rtY")to be used for an authorized public use,and WHEREAS, the Governmental Subdivision has either failed to put the Property to th conveyed,or has abandoned the public use for which it was conveyed, and now desires to reconvey the Property Statutes, Section 282.01, Subdivision Id to the State of Minnesota, to be held in trust according the public use for which it was 281.25, a rh' under s,Section rdmg to Minnesota Statutes, Section NOW THEREFORE,the Govenunental Subdivision,pursuant to said laws,and pursuant to the n duly adopted resolution of its governing body number property n the Coun oP , dated in �' WdShingt0n . does hereby grant and convey the described as follows,together with all appurtenances thereunto belonging: Part of Lots 16 through 30, inclusive being the South 30 feet of North 50 feet SD lots (Audit Block 5; McMillan & Cooley's Addition, Parcel 60955-2250) or Treasurer's Plat/ to the State of Minnesota,to be held in trust as provided by effect as if the Property n enta Subdivision Statutes,for a public 281.e. upon like conditions and with like p rty had not been conveyed to the Governmental Subdivision for a public use. Cit of ak Pa • (Name of Governmental Subdivision)141� II f, '1,,,r-,"' Title �.� D.to By. ../ 4- 4-0)1/414,972')--a /0 _7 -49..S STATE OF MINNESOTA Title ) Date County of SH T aI TCn )ss. WA On this _dill__ ,� (,, --- ill_- day of bap V b the Ma�0 r and --_' and the Ci td Admi"; respectively of the governmental su named in the foregoing instrument, appeared before me and acknowledged that they executed subdivision and deed of said governmental subdivision pursuant to the statutes in such case made and provided. ti • (1 _ JULIE R.JOHNSON ti .-i' NOTARY PUBLIC-MINNESOTA i� 4 / My Commission Expires Jan 31 2010 Notary 1�\' � 7 Date * Tax wherein Statements the proper(if any)is for located,i the real property described in this instrument. should be sent to the County Auditor of the County ty n care of the County Courthouse Approved by the Attorney General, This instrument was drafted by the Commissioner of Revenue,Minnesota Department of Revenue,St.Paul,MN 55146. Approval The undersigned,acting for the Commissioner of Revenue of the State of Minnesota,under delegation of authority duly filed with the Secretary of State,does hereby approve the foregoing conveyance to the State of Minnesota. Dated: STATE OF MINNESOTA Commissioner of Revenue By: The duly appointed delegate of the Commissioner of Revenue, for these purposes. STATE OF MINNESOTA) COUNTY OF RAMSEY ) This Approval was acicnowledged before me on appointed delegate of the commissioner of revenue for these purposes. by the duly Notary Date 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 October 10,2005 MEMO TO: Larry Hansen,City of Stillwater Jim Schug,Washington County FROM: Eric Johnson r Detachment/Annexation Agreement Enclosed you will fmd an original copy of the Agreement that has been ecuted by all parties.The City will be filing the Reconveyance of the alleyway with the State of Minnesota in the next few days.Please let me know if you have any questions. t--- 1 1■.) PC—L.--- CopES ' , A IN • •U • Contract# v� 9 • Dept k.nc 1. l'fl . - G0 Div. Term I o S" AGREEMENT BETWEEN THE CITY OF S i •• • • , THE CITY OF OAK PARK HEIGHTS,AND THE COUNTY OF WASHINGTON FOR DEVELOPMENT ON THE CAMPUS OF THE WASHINGTON COUNTY GOVERNMENT CENTER THIS AGREEMENT is made this L1 day of Qc-1-0 b e," , 2005, ("Effective Date") between the City of Stillwater, Washington County, Minnesota("Stillwater"), the City of Oak Park Heights, Washington County, Minnesota("OPH") and Washington County,Minnesota (the "County"), relating to the land use management of the campus of the Washington County Government Center (the "Campus") and constitutes a joint power agreement made pursuant to Minnesota Statutes § 471.59 in order to facilitate the Joint Resolution for Concurrent Annexation-Detachment made between Stillwater and OPH as authorized by MINN. STAT. § 414.061. NOW, THEREFORE, in consideration of the premises, covenants and provisions set forth herein, the parties agree as follows: AGREEMENT SECTION ONE GENERAL PROVISIONS 1. Amendment of Agreement. This Agreement may be amended from time to time by mutual written agreement of the original parties. SECTION TWO RIGHTS AND OBLIGATIONS OF STILLWATER 1. Development and Control of Development. Stillwater will allow the County to develop the Campus in accordance with the terms and conditions of this Agreement and the ordinances of the City of Stillwater. 2. Permitted Uses. The permitted uses of the Campus are those identified in the Stillwater Zoning District PA-0 (Public Administration Office) as they now or in the future may exist. • 3. Police and Fire Service. Police and fire service, and building code enforcement will be provided to the Campus by Stillwater. 4. Stillwater will meet and confer with the County with regard to County security needs that are not met by normal levels of police protection, giving recognition to the duties and authority of the Washington County Sheriff. SECTION THREE RIGHTS AND OBLIGATIONS OF OPH 1. Traffic Control. The following streets will remain within the jurisdiction and City of OPH: a. Oxboro Avenue from TH 36 right of way to 62nd Street. b. Portions of 62nd Street from Osgood Avenue to Paris Avenue as are now located in OPH. c. Paris Avenue from 62nd Street extended to the TH 36 right of way. 2. Utility Management. OPH will continue to provide municipal water and sewer service to the Campus area, subject to the following conditions: a. No OPH utility lines or services currently serving the Campus area will be removed,relocated or altered without the written consent of OPH. b. OPH will charge the County a rate for utility service consistent with commercial/institutional rates charged in the community. c. "As built" surveys will be required for any and all new improvements constructed by the County for the Campus. d. The County will conduct analysis of stormwater flows from the Campus due to planned improvements and will work with the City and Mn/DOT to determine the most practical and reasonable methods for handling additional surface water runoff. 3. OPH shall by resolution promptly transfer the alleyway legally described as: 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. 2 "In-fee" to the State of Minnesota to return to uor sew The oo tuhen tt r o oCp ra o re s og s ta hec l e t uc l h o this property be transferred to the County from the State to be used for parking purposes. 4. OPH shall vacate the existing al 1 e s e e n t legally described as: The south 30 feet of the north 50 feet of Lots 16 through 30 Block 5,McMillan and Cooley's A d i t i o n 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. 5. OPH and Stillwater shall by Joint Resolution allow for, authorize and support the detachment of all the existing County owned propert ies, including the alley, to allow annexation of these properties into the City of Stillwater. 6. OPH and Stillwater agree to allow the future detachment from OPH and annexation to Stillwater of three parcels of land as maybe acquired by the County without the use of eminent domain proceedings 0106e and 34030203 Ogl4resently identified as parcels numbered 3403020330105; 340302033 , SECTION FOUR COUNTY RIGHTS AND OBLIGATIONS 1. Traffic Man agement. The County will not construct additional internal roadways (i.e. those not currently present) within teetin swith adjacen prop rty ownersr The meetings County conducts neighborhood pubh g shall display final layouts and proposals of future and proposed land use changes and improvements. The meeting shall be prior to the filing of any application with the City of Stillwater to obtain approval for same and be held at least 120 days in advance of any construction. The County shall include a written notice of such meetings to OPH. a. No new roadways, drives or parking facilities will be constructed that do not provide at least a 20 foot buffer from the Washington County property lines along the North from Panama to Paris Avenue b. No new roadways, dnv of buf er from the1tWashington County property lines provide at least a 30 fo along the East (along Paris Avenue). c. Suitable landscaping and vegetation must be provided to reduce and mitigate traffic and site impacts for adjacent property owners. t d. All traffic signage and control devices needed to serve traffic generated by the Campus activities will be placed at the expense of the County, including but not 3 limited to, traffic control devices at 62nd Street/Oxboro Avenue and Osgood/4th Street, including intersection improvements if needed and pedestrian sidewalk crossing areas. 2. Utility Management. a. The County will continue to use existing City utilities and easements within the Campus in which municipal utilities are located unless the affected City and the County agree to another use or location. b. Since surface improvements may be constructed by the County over existing utilities, the County will bear the cost of replacing any improvements that must be disrupted if an underlying utility is moved,repaired or replaced. c. OPH approval is required for any improvement affecting OPH utilities or the surface over a utility. 3. The County shall pay that portion of any improvement to 62nd Street and Oxboro Ave that are shown by appraisal not to add benefit to adjoining private properties and/or not assessable under law by the local government unit. The County and Cities affected shall have an agreement as to the project elements to be constructed before any such project proceeds. The affected City(ies) and County shall jointly select an appraiser for the purposes of conducting all such appraisals on benefit and the cost thereof shall be equally divided between them. With the consent of the affected City the County may choose to implement improvements to street surfaces at its own cost and expense. 4. The County shall assume the responsibility for snowplowing Oxboro Avenue from 62nd Street to the TH 36 frontage road. 5. The County will accept full jurisdictional responsibility and bear unreimbursed state costs of any needed reconstruction and maintenance of the TH 36 frontage road located south of the Campus from Oxboro Avenue to Panama Avenue. 6. The County shall grant the necessary and reasonable easements as required by the OPH engineer for city utilities that may be relocated on County property as a result of planned parking lot expansion and vacation of MN/DOT right of way for TH 36. 7. The County will pay for utility line relocation approved by the affected City and necessary to accommodate an expanded parking area in the southwest corner of the Campus and once installed, the County will pay for all finish site restoration work should such utility lines need service or replacement, including necessary asphalt, concrete, curb and gutter, or landscaping. If any TH 36 improvements require the utility easements to be eliminated, the County shall grant the necessary and reasonable easements to OPH across other County property at no charge to OPH. 4 8. In the northeast Campus area in the vicinity of Paris Avenue and 62nd Street, OPH will only consider these options if the County owns all properties south of 62nd Street between Panama Avenue and Paris Avenue and west of Paris Avenue from 62nd Street to Highway 36. a. The setback for all future structures and equipment shall be not less than 30 feet from the property lines abutting Paris Avenue and not less than 20 feet from the property lines abutting 62nd Street. b. All lighting structures shall fully comply with OPH's lighting standards. c. The County may widen 62nd Street between Panama Avenue and Paris Avenue at its expense, however, should the County in the process of widening the street add elements to the project that add value to adjacent property such as new curb and/or water services for those property owners, those elements shall be assessed by the City of Oak Park Heights against those property owners to the extent that benefit is demonstrated. 62nd Street may not be enlarged or widened northward. All expansion of roadway width shall be to the south. The County shall design and reconstruct this portion of 62nd Street, including curbing and appropriate storm water infrastructure, according to standards reasonably set by the OPH engineer. d. Paris Avenue will not be widened or enlarged south of 62nd Street and there shall be no ingress to the County facilities from Paris Avenue. The currently unpaved roadway may be paved and shall only be utilized as a secondary access for police and emergency vehicles. If the County installs a full ingress and egress from Paris Avenue, the County shall provide the funding for the design and reconditioning, according to the standards of OPH engineer, of Paris Avenue from 62nd Street to the point of ingress and egress, including the installation/replacement of curbing and appropriate storm water infrastructure. SECTION FIVE GENERAL 1. Each party hereby finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of the citizens of each party. 2. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 3. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide 5 • and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. SECTION SIX NOTICES Any notice or communication required hereunder must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. Such notice or communication shall be given to the parties or their successors at their addresses set forth below: If to the County: James Schug, County Administrator Washington County Government Center 14949 62nd Street No. P.O. Box 6 Stillwater, MN 55082 If to OPH: Eric Johnson, City Administrator Office of City Clerk Oak Park Heights City Hall P.O. Box 2007 Oak Park Heights,MN 55082 If to Stillwater: Larry D. Hansen, City Administrator Stillwater City Hall 216 North Fourth Street Stillwater,MN 55083 SECTION SEVEN COUNTERPARTS This Agreement is executed in three (3) duplicate counterparts, each of which is deemed to be an original. This Agreement consists of (7) pages which constitute the entire understanding and agreement of the parties. The exhibits are identified as follows: 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first hereinabove written. CITY OF OAK PARK : IGHTS 4 CITY OF STILLWATER A to" 41141, By Of if f 1 , 7 David t/ det, ., or �„' ble ayor By f By c Johnso Ti Administrator L D.41114.sen ty arty sen, City Administrator Dated: �r 2� � Dated: /D.. z -a e / WASHINGTON COUNTY, a Minnesota county corporation By (X\ Myra Pet on, air Washington County Board of Commissioners By I 1 ',1 J. /R. Schug, Administrator Dated: /O/41/f>S Approved/ to form: Assistant ashington County Attorney 7 • RESOLUTION NO. 05-09-37 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA 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, Minnesota on: Adopted this 27th day of September, 2005. ‘4C11611/11Z 0 441101/1 ■ Davie : -:udet M.- or i 1 ric Jo , , City • ,4 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 4th 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 "X". 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 X"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"d Street North(platted as Prairie Street) located in the Southwest Quarter of Section 34, Township 30 North, Range 20 West of the 4th 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"d 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 4th 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"d 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 4th 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 4th 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 . 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 1 t 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 27th day of 1 September,2005. 470, & tip , A 4__ 4 O!'ci'Beaudet' ayor ET: Eric Johns% City Administrator . , . PT Form 975(Revised 04/03) Minnesota Department of Revenue Reconveyance of Forfeited Lands to the State of Minnesota By a Governmental Subdivision Under Minnesota Statutes,Section 282.01,Subdivision Id State Deed Tax Due Hereon: $1.65 WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to lc, the State of Minnesota, on the A..---` /(...-- , •' 15th day of Nnvemhar ,_1986 ,conveyed to The City of flak Park Heights a governmental subdivision of the State of Minnesota (hereinafter "Governmental Subdivision"), by state deed numbered n ag72n6 , the real property described below(hereinafter"Property")to be used for an authorized public use,and �V l� /1 1.10 WHEREAS, the Governmental Subdivision has either failed to put the Property to the public use for which it was V conveyed,or has abandoned the public use for which it was conveyed,and now desires to reconvey the Property under Minnesota Statutes,Section 282.01,Subdivision 1d to the State of Minnesota,to be held in trust according to Minnesota Statutes,Section 281.25, NOW THEREFORE,the Governmental Subdivision,pursuant to said laws,and pursuant to the duly adopted resolution of k 0�0 its governing body number , dated , does hereby grant and convey the property in the County of Washington ,described as follows,together with all appurtenances thereunto belonging: Part of Lots 16 through 30, inclusive, Block 5; McMillan & Cobley's Addition, /e''' -� being the South 30 feet of North 50 feet SD lots (Auditor-Treasurer's Plat/ Parcel 60955-2250) 1 to the State of Minnesota,to be held in trust as provided by Minnesota Statutes,Section 281.25,upon like conditions and with like effect as if the Property had not been conveyed to the Governmental Subdivision for a public use. City of Oak Park Heights (N4a7;Gornen&SubdMsion)vern fp i, >^� Title D.le OP7f• By. j / t^t 11'Dri1pAA.97ti✓"O /D-7 'vS a�' Title Date STATE OF MINNESOTA ) )ss. County of 'WASHTNrTON ) ��yy,.,((,,, On this 'l�h day of Ol%1VtJ , 2(1O, , David Reaudet and Eric Johnsen , respectively the Mayor and the City Administrator of the governmental subdivision named in the foregoing instrument,appeared before me and acknowledged that they executed the same as the free act and deed of said governmental subdivision pursuant to the statutes in such case made and provided. u JULIE R.JOHNSON ` / 10/11 1 NOTARY PUBLIC.MINNESOTA ww \ My Commission Expires Jan.31 2010\ Notary Date • Tax Statements(if any)for the real property described in this instrument should be sent to the County Auditor of the County wherein the property is located,in care of the County Courthouse. Approved by the Attorney General.This instrument was drafted by the Commissioner of Revenue,Minnesota Department of Revenue,St Paul,MN 55146. • Approval The undersigned,acting for the Commissioner of Revenue of the State of Minnesota,under delegation of authority duly filed with the Secretary of State,does hereby approve the foregoing conveyance to the State of Minnesota. Dated: STATE OF MINNESOTA Commissioner of Revenue By: The duly appointed delegate of the Commissioner of Revenue, for these purposes. STATE OF MINNESOTA) )ss. COUNTY OF RAMSEY ) This Approval was acknowledged before me on by ,the duly appointed delegate of the commissioner of revenue for these purposes. Notary Date fr, 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 September 28,2005 Mr.Jim Schug,Administrator Washington County PO Box 6 Stillwater,MN 55082 RE:Detachment I Annexation Dear Jim, Enclosed you will find four(4)copies of the signed agreement as discussed over the last few months between our entities.Please similarly sign each copy and then forward to Larry Hansen at Stillwater for their signature.I will contact Larry and ask him to then direct all four copies back to me. Once I have these documents,Oak Park Heights can then sign and release the"re-conveyance"of the alleyway to the State and execute the City's resolutions which require a dated Agreement,(Effective Date), which we will also affix to page one on each copy of the Agreement when returned. Ultimately,I will return a fully executed copy to your attention. Please let me know if you have : y questions. �= el uson City •dministrator Cc: Weekly Notes Mark Vierling Larry Hansen #s-4,9 7 Zoa� GENERAL TIMELINE ON COUNY DETACHMENT AND ANNEXATION November 9th,2004 The Council initiated the review of the County Annexation/Detachment request under the tradition 120 timeline. Some discussion sue was sent to the Novd30�meeting and concepts and the payment of fees. The a Public Hearing was set. November 30th, 2004 The City Council held a public hearing on the detachment and annexation. Public Notices were sent out to persons within 500'. Public Comments were: • John Smith, representing the First Presbyterian Church, expressed concern over the potential loss of parking spaces with improvements to the intersection of Osgood Avenue and 62's Street and how the City would view the loss of parking spaces required for the site. • George Hoeppner, 6175 Paris Avenue, questioned the anticipated use of the property to the west of his, across Paris Avenue. Mr. Wisniewski explained that this area could potentially be used for the ring road if there is a need to move traffic around the site, or it may be used for staging during construction of the new courts building. • Debbie Junker, 6198 Beach Road, asked if 62nd Street would be widened. Mr. Wisniewski replied that 62''Street would not be widened at this time. • John Junker, 6198 Beach Road, commented on past promises made by the County, noting that residents were promised a berm as a buffer and that some of the trees planted as a buffer have died Staff was directed to begin the creation of an agreement between the cities and the Public Hearing remained open till the next meeting. December 14th,2004 The City continued its Public Hearing. Staff did resend Public Hearing notices, but did not re-advertise in paper. There were no comments made at this meeting. The meeting was kept open and the City would notify residents when item was to be back on the agenda r February 22, 2005 The City passed a resolution(5-0) denying the request for Detachment and Annexation by Washington County. Staff was directed to continue to work with the City of Stillwater. The action taken by the Council on 2/22/05 was not previously noticed to the surrounding property owners. July 12, 2005 City Council approved the agreement between the cities and the County as presented by staff. NOV 9/ v 7 2&o / 1 C. Washington County Annexation/Detachment FROM 11/9/04 Minutes City Administrator Johnson reported on the status of the Washington County annexation/detachment request and noted that the City has requested a formal application with a fee of$3,000. Washington County has submitted the application and requested a waiver of the fee. Lengthy discussion was held concerning street reconstruction and maintenance issues. Mayor Beaudet stated that the"ring road"and widening of 62nd Street is a concern for Oak Park Heights residents. Mayor Beaudet also stated that Oxboro Avenue should be split between Oak Park Heights and Stillwater with maintenance and repair shared between the two cities. Jim Shug, Washington County Administrator, stated that the Countdy has conducted traffic analyses and concluded that a traffic signal at 62n Street and Osgood Avenue will be needed soon as well as a four way stop at 62nd Street and Oxboro Avenue. Mr. Shug also stated that splitting Oxboro Avenue is a new issue for the County to consider. Discussion was held concerning the$3,000 application fee. City Administrator Johnson explained the purpose of the fee and Mr. Shug indicated that the County would agree to reimburse the City for up to $3,000 in costs but requested a waiver of the fee because the County has done much of the work preparing documents and applications. Mayor Beaudet, seconded by Councilmember Swenson,moved to waive the$3,000 fee and place the application on the November 30,2004 Council Agenda. Carried 5 —0. Mayor Beaudet, seconded by Councilmember Doerr,moved to direct staff to review traffic,water and sewer utilities and road ownership issues and report findings to the Council. Carried 5 —0. i11 0 i/ 3o ' oloc) CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, NOVEMBER 30, 2004 CITY COUNCIL MEETING MINUTES Call to Order/Pledge of Allegiance/Approval of Agenda: he meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: r ouncilmembers Abrahamson,Doerr,McComber and Swenson. Staff pre -nt: Administrator Johnson,Police Chief Swanson, City Attorney Vierlin_ Finance Director Holst and City Engine: Postler. Absent: None. City Administrato Johnson removed the Executiv; Session from the Agenda and moved Consent ite E to New Business item F. f ouncilmember McComber, seconded by Counci ember Doerr, moved to a prove the Agenda as amended. Carried 5 —0. II. Department/Council L :ison Reports: A. Planning Commiss .n: Council -mber McComber reported that the next regular meeting is s eduled for,I ecember 9th but may be cancelled due to a lack of new applica ions. B. Parks Commission: C.' cil c ember Abrahamson reported that the Parks Commission will meet on D cember 20, 2004 at 6:30 p.m. C. Cable Commission: Co 'ilmember Doerr provided a correction to his earlier announcement of , e Cable Commission Christmas Party. The correct date is Decembe 1 , 2004 from 1:00 to 3:00 p.m. at the Valley Access Channels Studi c an. the public is invited to attend. The next Cable Commission m:-ting 1 scheduled for December 15, 2004. D. Water Management 'l rganizati,ns/Middle St. Croix: Mayor Beaudet reported that the Mi 4 dle St. Cro will meet on December 9, 2004, 7:00 p.m. at the Water . d Soil Conse ation District office. E. Other Liaison/St.,f Re sorts: Coun ilmember McComber reported that she will be tradi g places with a Co cilmember from Rochester under the"Walking a ile"program coorsl ated by the League of Minnesota Cities. Mayor Beaud.t reported that a joint worksession was held prior to the Council Mee ing to discuss the Cut and Cover proposal for Highway 36. III. Visitors/Public C 11 ment: Recycling Award. Administrative Secretary Johnson reported that the recycling award recipient for the second prize in November was Thomas Huninhake of 6407 St. Croix Trail North. City Council Meeting Minutes November 30,2004 Page 2 of 5 IV. Consent Agenda: A. Approve Bills&Investments B. Approve City Council Minutes—November 9,2004 C. Approve National Adoption Month Proclamation D. Approval of Fixed Asset Policy and Procedures E. Community Development Block Grant Application Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Consent Agenda. Roll call vote taken. Carried 5 —0. V. Public Hearings: Washington County Proposal to Detach and Annex Public Hearing was held to consider a proposal from Washington County to detach property adjacent to the Washington County Government Center and annex it to the City of Stillwater. Don Wisniewski spoke on behalf of Washington County,explaining that the detachment/annexation request is to accommodate additional parking at the Government Center and to allow for a future expansion of the courts building. Mr. Wisniewski reviewed a map of the site, noting areas to be detached and the location of future improvements. A traffic study was reviewed and discussion held concerning the possibility of future need for a circular road around the perimeter of the site. Mr. Wisniewski stated that the County's engineering consultant does not recommend a perimeter road at this time. Discussion was held concerning the location of City utilities,particularly the water main located on the south edge of the property. Mr. Wisniewski stated that the County would either relocate and lower the water line or leave it in place with insulation and grant an easement to the City. Mayor Beaudet stated that Oxboro Avenue ownership,the City sanitary sewer line and the process to be used for the annexation remain as outstanding issues. City Attorney Vierling suggested a joint resolution for orderly annexation between Stillwater and Oak Park Heights be used for the detachment and annexation. John Smith,representing the First Presbyterian Church, expressed concern over the potential loss of parking spaces with improvements to the intersection of Osgood Avenue and 62nd Street and how the City would view the loss of parking spaces required for the site. George Hoeppner, 6175 Paris Avenue, questioned the anticipated use of the property to the west of his, across Paris Avenue. Mr. Wisniewski explained that City Council Meeting Minutes November 30, 2004 Page 3 of 5 this area could potentially be used for the ring road if there is a need to move traffic around the site, or it may be used for staging during construction of the new courts building. Debbie Junker, 6198 Beach Road, asked if 62nd Street would be widened. Mr. Wisniewski replied that 62nd Street would not be widened at this time. John Junker, 6198 Beach Road, commented on past promises made by the County,noting that residents were promised a berm as a buffer and that some of the trees planted as a buffer have died. Jim Shug, Washington County Administrator, stated that Washington County long term planning calls for expansion of the campus as outlined by Mr. Wisniewski and also for the construction of service centers in the north and south ends of the county. The service centers are anticipated to prevent the need for additional building on the main campus once the new courts building is constructed. Councilmember Swenson, seconded by Councilmember McComber, moved to direct staff to work with the City of Stillwater to begin to draft an annexation/detachment agreement. Carried 5—0. The Public Hearing was not closed so that discussion could continue at the next Council meeting. VI. New Business: A. RT Minneapolis Franchise, LLC—Request for New On-Sale Liquor and Sunday On-Sale Liquor Licenses for Ruby Tuesday Finance Director Holst reported that Ruby Tuesday is hoping to have construction completed by March 15,2005. Councilmember McComber, seconded by Councilmember Swenson, moved to approve the liquor licenses for Ruby Tuesday. Carried 5—0. B. Darren Eikeland and Justin Eikeland dba Full Moon Liquor LLC— Request for New/Change Of Sale Liquor, Off-Sale Non-Intoxicating Liquor and Tobacco Licenses Councilmember Swenson, seconded by Councilmember McComber, moved to approve the licenses for Full Moon Liquor LLC. Carried 5—0. C. Amendment to Chapter 802 of City's Ordinances Councilmember Swenson, seconded by Councilmember Abrahamson, moved to approve the amendment to Chapter 802. Carried 5—0. City Council Meeting Minutes November 30, 2004 Page 4 of 5 Discussion was held concerning consumption of alcohol under the alcohol permit. City Attorney Vierling advised that details on alcohol consumption can be addressed by staff in the permit and be adjusted as needed. Mayor Beaudet, seconded by Councilmember Abrahamson,moved to direct staff to draft the alcohol permit to indicate that consumption of alcohol is restricted to within twenty five feet of the park shelter. Carried 4— 1, Swenson opposed. E.D. 2005 Lobb in. with Le'islative Associates Inc. for Ba II ort Storm Sewer Mayor Beaudet requested that the Council approve up to $4,000 for lobbying at the State Capitol for the Bayport Storm Sewer Project. Ed Cain of Legislative Associates reviewed the progress of lobbying efforts in the previous legislative session, noting that the project was included in the House bill but not in the Senate bill. New bills will have to be introduced in both the House and Senate for the new session with an eight-percent increase in the project cost. Mr. Cain stressed the importance of beginning lobbying efforts immediately. Councilmember Swenson, seconded by Councilmember McComber, moved to table discussion to the next Council meeting and direct staff to send correspondence to legislators requesting their support of the project. Carried 4— 1, Beaudet opposed. Consider Cancellation of December 28 2004 Ci Council Meetin. Councilmember McComber, seconded by Councilmember Doerr, moved to reschedule the December 28, 2004 Council Meeting from 7:00 p.m. to 4:00 p.m. Carried 5—0. F. A•'rove Resolution for Renewal of 2005 Li•uor Tobacco and Amusement Licenses Councilmember McComber, seconded by Councilmember Swenson, moved to adopt the Resolution renewing 2005 liquor,tobacco and amusement licenses. Roll call vote taken. Carried 5—0. VII. Old Business: A. Washin. on Count Pro.osal to Detach and Annex No action taken. City Council Meeting Minutes November 30, 2004 Page 5 of 5 C.B. Kern Center Pond Expansion City Engineer Postler reviewed the bid results,noting that two items are still outstanding for the project: a final Agreement with Brown's Creek Watershed District and a drainage permit from MnDOT. Postler offered four alternatives for proceeding with the project and recommended option two. Finance Director Hoist reviewed connection charges paid by Kern Center property owners and the amounts remaining to be collected. Discussion was held concerning the funds available for the project. City Attorney Vierling added that the Kern Center Pond issue has been outstanding for a long time and development could be stopped if a solution isn't found. Attorney Vierling also warned that Stillwater might not accept additional water in the AUAR. Councilmember McComber, seconded by Mayor Beaudet,moved to schedule a special council meeting immediately following the Truth in Taxation Hearing on December 6th. Carried 5—0. Comment to MPCA Re ardin Xcel Ener MERP City Administrator Johnson reviewed draft correspondence prepared as directed by the City Council, outlining three issues with requests for corrective action on each issue. Mayor Beaudet, seconded by Councilmember McComber,moved to approve the draft correspondence and direct staff to draft a fourth issue regarding payment of property tax on attached equipment. Carried 5—0. VIII. Adiournment Councilmember McComber, seconded by Mayor Beaudet, moved to adjourn at 9:08 p.m. Carried 5—0. Respectfully submitted, Approved as to Content and Form, Julie Johnson David Beaudet Administrative Secretary Mayor Dec . ` 2ZOOt i V. Public Hearin s: Washin on Coun Pro osal to Detach/Annex � ( No new information was presented and there were no comments from the public. Mayor Beaudet, seconded by Councilmember McComber,moved to keep the Public Hearing open and notify residents when the item is back on the Agenda. Carried 5—0. VI. Ne, Business: A. hi a otle Mexican Grill of Colorado LLC re.uest for new On-S.,e Wine • e On-Sale Non-Intoxicatin_ Li.uor Licenses Coun ilmember McComber, seconded by Councilmember wenson, moved 1 approve the liquor licenses for Chipotle Mexi•. Grill. Carried 5-0. B. Sto a Si a s o' 54th Street and U a .er 54th Street Mayor Beaudet -viewed staff recommendati, s for additional patrols in the area in respon • to resident concerns ov; traffic speed and safety. Nancy Solberg of 1 159 Upper 54th Stree ked that the speed limit be posted in the neighbo •ood. Mayor Beaudet, seconde I ay Coun ' ember McComber,moved to approve the staff recommen, .tio .. Carried 5—0. C. Andersen Windows' PUD • A'ment—Trailwa Commitments City Administrator Johns, reviewe. the proposal from Andersen Corporation for an ame . ent to the ' D allowing the City to accept a gift of$50,000 from •. dersen Corporate n in lieu of construction of a trail on the St. Croix all site. Johnson no -d that the Parks Commission recommended that 4 e Council not change th. PUD. Bill Moore spo e on behalf of Andersen Corpora 'on, stating that the proposal wo d allow foot traffic on the parking to . d allow for the constructio of a trail connection from Swager Park , the parking lot with the gifte a ds to be used by the City for construction f the trail connec 'on. Ma,or Beaudet, seconded by Councilmember Doerr,moved .. direct staff to coordinate with Andersen Corporation to develop a Resoluti; for "---------_________) Council approval that wou w for the City to receive the gifted funds and construct a trail connecti . arried 4—0— 1, Swenson abstained. VII. Old Business: A. Washin on Coun Pro osal to Detach/Annex No action taken. Fibs VII. Old Business. From 2/22/05 Minutes A. Washington County Detachment Request City Administrator Johnson stated that the Council must take action prior to expiration of the 120 day deadline in early March. Administrator Johnson reported that the proposed agreement received from the City of Stillwater combined two separate agreements and contains amendments that are not acceptable. Administrator Johnson noted that the proposed Resolution denying the request for detachment also contains language authorizing City staff to continue discussions with the City of Stillwater. Councilmember Swenson, seconded by Councilmember Doerr, moved to approve the Resolution denying the application of Washington County seeking detachment of lands and to direct staff to continue discussions with Stillwater and Washington County. Roll call vote taken. Carried 5—0. , NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF A PORTION OF THE SOUTH 30 FEET OF THE NORTH 50 FEET OF LOTS 16 THROUGH 30 BLOCK 5, MCMILLAN AND COOLEY'S ADDITION TO STILLWATER WITHIN THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Oak Park Heights,Washington County,Minnesota shall hold a public hearing upon the requested vacation of an alley within McMillan and Cooley's Addition to Stillwater as located within the City of Oak Park Heights. The public hearing shall be held before the City Council on Tuesday, September 27, 2005, at 7:00 o'clock p.m. at the City Hall, 14168 Oak Park Blvd., Oak Park Heights, Minnesota 55a n. The alley proposed to be vacated is legally described as follows: to-wit: " 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." And, is located along the southernmost portions of the South parking lot of the Washington County Government center. All written and oral comments will be considered. N' Dated this 6 day of September,2005. BY 0 ' II 'R OF ' CITY COUNCIL ric Johnso City Admi r .trator FILE COPY A=11■1 --))0 f\ 1? tPI () A -k, (i) )TW YWU 1-)C. rY:C1 Jam'and Smudge Free Printing www.avery.com AVERY 5160® Use Avery®TEMPLATE 5160® '��' 1-800-GO-AVERY 1J 1ST PRESBYTERIAN CHURCH ANDREWS,ROBERT A ETAL BELL,DYLAN 6201 OSGOOD AVE N 6640 LYNDALE AVE S STE 100 15051 N 63RD ST STILLWATER MN 55082 %METES&BOUNDS MGMT CO STILLWATER MN 55082 RICHFIELD MN 55423 CHOINIERE,CATHLEEN N , !' ' OF OAK P•RK HEIGHTS DECORSEY,MATTHEW J ' � 15024 N 62ND ST I 14168 •- - P • BLVD 15015 63RD ST N STILLWATER MN 55082 PO BOX 2►. STILLWATER MN 55082 STILL. 'TER MN 55082 DELICH,JUDITH A FITZPATRICK,DIANNE F GOSSO,ROBERT L&SANDRA F 15073 63RD STN 15072 N 62ND ST 15085 62ND ST N OAK PARK HTS MN 55082 STILLWATER MN 55082 OAK PARK HGTS MN 55082 GREENBRIER PARTNERS HANKE,EUGENE R&BARBARA J HOLMEN OFFICE ASSOC 1875 PLAZA DR-STE 201 6307 PANAMA AVE N N 19476 DAULTON RD EAGAN MN 55122 STILLWATER MN 55082 PO BOX 155 GALESVILLE WI 54630 HORSTEAD,RUSSELL F HURLEY,LAWRENCE J&ELIZABET IND SCH DIST#834 15081 63RD ST N 6065 PANAMA AVE N 1875 S GREELEY ST STILLWATER MN 55082 OAK PARK HGTS MN 55082 STILLWATER MN 55082 JENSEN,WILLIAM P KIMKER,ELIZABETH ANN MADDOCK,JEFFREY P&KATHLEEN H 15055 N 60TH ST 15098 N 62ND ST 1 I 15042 63RD ST N STILLWATER MN 55082 I j STILLWATER MN 55082 OAK PARK HEIGHTS MN 55082 MASLOWSKI,LAWRENCE M&DAWN MCGEE,LARRY W MILLER,MELISSA J 15056 N 63RD ST 15082 62ND STN 6257 PANAMA AVE N OAK PARK HEIGHTS MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 OAK PARK ASSOCIATES OAK RIDGE PLACE OF OAK PARK QUAST,LONNIE J 1717 PARK SHORE DR#3100 7380 FRANCE AVE S 15061 63RD ST N ARDEN HILLS MN 55112 STE 100 OAK PARK HEIGHTS MN 55082 EDINA MN 55435 SALEM EVANGELICAL LUTHERAN SIMS,JEFFREY D STATE OF MN-DOT 14940 62ND STN 15048 62ND STN 395 JOHN IRELAND BLVD STILLWATER MN 55082 STILLWATER MN 55082 MAIL STOP 632 ST PAUL MN 55155 SWANSON,GENE R&ANNA C THIETS,MICHAEL L&JULIANE VIEHMAN,MICHAEL A 15041 63RD STN 5230 MUIR AVE N 15095 63RD ST N OAK PARK HEIGHTS MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 A113AV-O9-008-L 0091S 31aege6 91 zasiii;n ®0965 elt213Ab (`U woYA.iane•Mnam ® apide.t a6etpes a;a a6eunoggue uoissa.dwi iamtand Smudge Free Printing MI= www.avery.com l AVERY®5160® Use Avery®TEMPLATE 5160® 1-800-GO-AVERY I WASH CO BD OF COMMISSIONERS WASHINGTON CO i 14900 N 6I ST ST 11660 N MYERON RD I l�l% � W C STILLWATER MN 55082 STILLWATER MN 55082 ®09L5 ®JlZ13Ad/ Aa3AV-O9-008-L a ®091.5 I<!aege6 ai zasiiilr1 tuoY itaane•MMM ® apidea e6eyras a le e6eaanoggue uoisseaduii Parcel Ownership List Owner Other Owner Geocode: HANKE,EUGENE R&BARBARA J 3403020320097 6307 PANAMA AVE N STILLWATER MN 55082 Geocode: MADDOCK,JEFFREY P&KATHLEEN H 3403020320098 15042 63RD ST N OAK PARK HEIGHTS MN 55082 Geocode: MASLOWSKI,LAWRENCE M&DAWN 3403020320099 15056 N 63RD ST OAK PARK HEIGHTS MN 55082 Geocode: THIETS,MICHAEL L&JULIANE 3403020320100 5230 MUIR AVE N STILLWATER MN 55082 Geocode: VIEHMAN,MICHAEL A 3403020320107 15095 63RD ST N STILLWATER MN 55082 Geocode: HORSTEAD,RUSSELL F 3403020320108 15081 63RD ST N STILLWATER MN 55082 Geocode: DELICH,JUDITH A 3403020320109 15073 63RD ST N OAK PARK HTS MN 55082 Geocode: QUAST,LONNIE J 3403020320110 15061 63RD ST N OAK PARK HEIGHTS MN 55082 Geocode: BELL,DYLAN 3403020320111 15051 N 63RD ST STILLWATER MN 55082 Page 1 I , x Parcel Ownership List Owner Other Owner Geocode: SWANSON,GENE R&ANNA C 3403020320112 15041 63RD ST N OAK PARK HEIGHTS MN 55082 Geocode: DECORSEY,MATTHEW J 3403020320113 15015 63RD ST N STILLWATER MN 55082 Geocode: CHOINIERE,CATHLEEN N 3403020320114 15024 N 62ND ST STILLWATER MN 55082 Geocode: MILLER,MELISSA J 3403020320115 6257 PANAMA AVE N STILLWATER MN 55082 Geocode: SIMS,JEFFREY D 34030203201.17 15048 62ND ST N STILLWATER MN 55082 Geocode: SIMS,JEFFREY D 3403020320118 15048 62ND ST N STILLWATER MN 55082 Geocode: SIMS,JEFFREY D 3403020320119 15048 62ND ST N STILLWATER MN 55082 Geocode: FITZPATRICK,DIANNE F 3403020320120 15072 N 62ND ST STILLWATER MN 55082 Geocode: MCGEE,LARRY W 3403020320121 15082 62ND ST N STILLWATER MN 55082 Page 2 Parcel Ownership List Owner Other Owner Geocode: KIMKER,ELIZABETH ANN 3403020320123 15098 N 62ND ST STILLWATER MN 55082 Geocode: WASHINGTON CO 3403020330121 11660 N MYERON RD STILLWATER MN 55082 Geocode: WASHINGTON CO 3403020330122 11660 N MYERON RD STILLWATER MN 55082 Geocode: WASHINGTON CO 3403020330123 11660 N MYERON RD STILLWATER MN 55082 Geocode: WASHINGTON CO 3403020330124 11660 N MYERON RD STILLWATER MN 55082 Geocode: WASHINGTON CO 3403020330125 11660 N MYERON RD STILLWATER MN 55082 Geocode: WASHINGTON CO 3403020330104 11660 N MYERON RD STILLWATER MN 55082 Geocode: JENSEN,WILLIAM P 3403020330106 15055 N 60TH ST STILLWATER MN 55082 Geocode: HURLEY,LAWRENCE J&ELIZABET 3403020330105 6065 PANAMA AVE N OAK PARK.HGTS MN 55082 Page 3 Parcel Ownership List Owner Geocode: WASHINGTON CO Other Owner 3403020330111 11660 N MYERON RD STILLWATER MN 55082 Geocode: WASHINGTON CO 3403020330112 11660 N MYERON RD STILLWATER MN 55082 Geocode: erode. WASHINGTON CO 3403020330113 11660 N MYERON RD STILLWATER MN 55082 Geocode: GOSSO,ROBERT L&SANDRA F 3403020330114 15085 62ND ST N OAK PARK HGTS MN 55082 Geocode: WASHINGTON CO 3403020330116 11660 N MYERON RD STILLWATER MN 55082 Geocode: WASHINGTON CO 3403020330115 11660 N MYERON RD STILLWATER MN 55082 Geocode: code: STATE OF MN-DOT 3403020330103 395 JOHN IRELAND BLVD MAIL STOP 632 ST PAUL MN 55155 Geocode: ANDREWS,ROBERT A ETAL 3303020410029 6640 LYNDALE AVE S STE 100 %METES&BOUNDS MGMT CO RICHFIELD MN 55423 Geocode: code' HOLMEN OFFICE ASSOC 3303020440023 N19476 DAULTON RD PO BOX 155 GALESVILLE WI 54630 Page 4 Pa_____ nershi List Geocode: Owner 3303020440020 HOLMEN OFFICE ASSOC Other Owner N19476 DAULTON RD PO BOX 155 GALESVILLE WI 54630 Geocode: 3303020440018 HOLMEN OFFICE ASSOC N19476 DAULTON RD PO BOX 155 GAL.ESVILLE WI 54630 Geocode: 3303020410030 ANDREWS,ROBERT A ETAL 6640 LYNDALE AVE S STE 100 %METES&BOUNDS MGMT CO RICHFIELD MN 55423 Geode: 3303020440006 1ST PRESBYTERIAN CHURCH 6201 OSGOOD AVE N STILLWATER MN 55082 Geocode: 3303020440007 OAK PARK ASSOCIATES 1717 PARK SHORE DR#3100 ARDEN HILLS MN 55112 Geocode: WASHINGTON CO 3303020440010 11660 MYERON RD N STILLWATER MN 55082 Geocode: WASHINGTON CO 3303020440011 11660 N MYERON RD STILLWATER MN 55082 Geocode 3303020440012 CITY OF OAK PARK HEIGHTS 14168 OAK PARK BLVD PO BOX 2007 STILLWATER MN 55082 Geocode: WASH CO BD OF COMMISSIONERS 3303020440016 14900 N 61ST ST STILLWATER MN 55082 Page 5 ParcelOwnershi List Geo= Owner 3303020440014 WASHINGTON CO Other Owner 11660 MYERON RD N STILLWATER MN 55082 Geocode: WASHINGTON CO 3303020440015 11660 MYERON RD N STILLWATER MN 55082 Geode: 3303020440013 WASHINGTON CO 11660 N MYERON RD STILLWATER MIvT 55082. Geocode: OAK RIDGE PLACE OF OAK PARK 3303020440025 7380 FRANCE AVE S STE 100 EDINA MN 55435 Geocode_ 3303020410017 SALEM EVA:NGEIICAI.LUTHERAN 14940 67'ND ST N • STILLWATER MN 550S2 Geocode: SALEM EVANGELICAL LUTHERAN 3303020410016 14940 62ND ST N STILLWATER MN 55082 Geocode; IND SCH DIST#834 3303020410019 1875 S GREELEY ST STILLWATER MN 55082 Geocode: 3303020410019 IND SCH DIST#834 1875 S GREELEY ST • • STILLWATER MN 55082 Geo�e. IND SCH DIST#834 3303020410019 1875 S GREELEY ST STILLWATER MN 55082 • Page 6 ParcelOwnershi List Geocode: owner 040292011000 GREENBRIER PARTNERS Other Owner —�--- 1875 PLAZA DR-STE 201 • EAGAN MN 55122 Total Parcels: 55 Date: %7j iQ • Page -7 • • Washington County Survey and Land Management 14949 62nd Street N. INVOICE P. O. Box6 Stillwater,MN 55082-0006 DATE INVOICE# (651)430-6875 9/7/2005 1005954 BILL TO: CITY OF OAK PARK FIGHTS 14168 OAK PART{BLVD P 0 BOX 2007 OAK PARK HEIGHTS MN 55082 CHARGED BY: Julie Hultman � JOB NO. ITEM NET 30 bjw IIMMIIIIIII DESCRIPTION MU PARCEL SEA... File No. 05104(PIDs 3303020440001-0005, QUANTITY. TOTAL 0026) 1 55 total parcels 50.00 50.00. • Addl Parcels Mailing Label 32 labels 30 0.50 Sales Tax 2 15.00 1.00 2.00 6.50% 0.00 Please make checks payable to WASHINGTON COUNTY SURVEYOR. Total Charged: $67.00 asl� „,....9., °2' DEPARTMENT OF TRANSPORTATION -:-.... ..-County- Iw i( PHYSICAL DEVELOPMENT SuJVey and Land Management Donald J.Theisen,P.E. ' Director/County Engineer 0- Michael J.Welling,P.L.S. County Surveyor Government Center• 14949 62nd Street North—P.O.Box 6,Stillwater,Minnesota 55082-0006 Phone: 651-430-6875 • Fax: 651-430-6888 • TTY: 651-430-6246 Date of request 9 U,- Parcel Search File No. Q S 1(� - -:- RE 1 VEST FOR SURROUNDING PROPERTY O -•-•-•- -•-•-•-•-•-._._._._._. '�'NERSANDADDRESSES Requested by: Name - - - -'-'-'- - - - - _ _ U i.+r Business n.�R :u 1 ( ,1 i f h Street address • II City/State/Zip code At w * • • , Daytime Phone ((p•1) _ List of owner names and addresses for parcels located within y �i-�/�� Parcel ID(if known) �—feet of Owner's 4d/E/(, [ (' .I.I #. eta —009. 1 ) Name Street address � • • t' � k� (if different fro above) I . •f� ' City or Township >,. t :ir Date needed: �•��} P ,��� Mailing labels: Yes _No Mail report Pick up report #of sets of labels: -�_ { PARCEL SEARCH FEES _._._._._._._.-•- - - _.. 1 1st 25 parcels,including subject parcel ($50.00) i..•Y h-'`+ 1 sheet of 30 labels($1.00/set) ) $ �� Postage,if parcel search is mailed ($2.13) Fee,if parcel search is faxed($2.13) Total Prepayment: $ Prepayment date Received by Completion date fit' 0�/°" •_•_•_ _ Service Rep t7 . _ _ _ _ _ _ _ _ - - -.. Total#of parcels ,E-' Total#of labels • #of additional parcels #of add'I sheets of labels x 00= � 0 �_x 1.00= Amount due: $n i� **,- Payment date ` (�' Payment received by �� THIS INFORMATION WAS COMPILED FROM WASHINGTON COUNTY SURVEYOR MAPS AND COUNTY ASSESSOR I DATA FILES.THE COUNTY SURVEYOR'S OFFICE IS NOT RESPONSIBLE FOR ANY INACCURACIES IN INFORMATION RELIED UPON IN THIS PARCEL SEARCH. THE inimmunimmenimmimini....._1 t_ _ MARS> S oECOND 9 ADDITION S � R 6 0 9 ,ne R ° R 60 � 6.. 1�,� ,nz ,we 8 ..,. 9 13 9 12 9 30 7J *Y ■ ,n0 d a CSAH 24 „ , ,M ,> ,m 1m CSAH 23 STILLWATER EAST ORLEANS STREET a ' 65TH STREET NORTH CC rn OAK PARK HEIGHTS CSAH 23 u,12 ° 60 M w 30 ... H STREET y ,ST ✓ r' r^ '10 6 f W12...-•er _/ :: i: 'i :_ 9 2 t > A � 3 O PK HTS„ a. J b� 3 rc f} m., n R 2 ydµ } 6 N � r^'° m a,...w r,,,r ?,,.r ✓.°•n"` s^'"` a, pr'°� Z I to Ya, Y , wnt 6„ ) y #TILLWA I ER y 11 16 IV N w 22 2A 20 z 26 3] 26 24,3: 30 y 7 6 = 7 6 t.. 6 4 L'' { Q p p ,ww IRK. m fJ .N• r e �, VACATED ST ROIx STREET ` * .e.+-^P y w 6 ! ST GRHxsT PER PRAT OAK PARK HEIGHTS 64TH STREET N w B1t 153 Ds EC 148 p W'(t` VACATED Sr ceolx ST OOC 38664 6 64TH STREET NORTH R21W R20W R19W l} = LU R "CATEDSTCI"'5rDOC33'711. STILLWATER s _I Y RA,{I OF 2 n 11 2 1, 2 m w1s .�,3 1A, 1I S S 7.-'°r" rjO ✓'w a T32N to to ] J 4 $ T32N 9 IX 3 Q y.. 5 41. 3 , I 5 ...) t0 6 3 y . 3 w R T31 N T31 N C r 7 e CIC NO 76 d7 " p ° ���y OAF,.r,co,s, s ,_0 ao p,6 1 to 9v., 20 z, 2 23 z,, 25 21,01 27 2e 21,,, 3o T3ON Y01.1/ARE HERE ilo m s ORCHARD PARK CONI.`OMINIUM �!," — O 6 111 6 0 6 .a.... 7 i 6 7 fi g U U OAK PARK HTS ar g ° ° MD NDST PER FIAT .° R tv ooc oaaw STILLWA pERR Z " ,s\- UPPER 63RD STREET T29N T29N Yt m m tx Q 12 1 s w 1z fib s w s S 3 y 2 1 PAgior(oo,9) 2 tt 2 ® f. 3 •✓✓'''+' Ne ✓° 5✓° w T28N T28N S 10 1 ] .ft ¢ 10 2'...-. ; XsR� 10 1' 2 pISk..I I.'o I12 s. 10 ° .a ° r.+ 4 Iy _y 99 7 1 4 9 y 10 � T27N T27N Iy�3 O � s 9ART.E(0019) 5 y pI6 17 20 i. 22m 23 24 26 240. 28 4„I 30 rn. 999 6 Sf fi i° i V ,337, r.,. °° y 6 + 6 Q 1222W R2I W R2U W o 63RD - REET NORTH o 66w6R =56 op6.6�74° I STILLWATE;` 63R∎ STREET NORTH s,e u R VAC GROVE Sr PER OK S M30 PG 382 OA PK t, w y 12 1 12 1 y 0 S w w •�°o”"� ea Z R mmv x:.«x 9 a.+w8,•,.,bK.7 p W w N Is —s-13 12 fi 5 p 4< K16 x-^'° yeA yyr p.+•" y 11 2 W ~ 11 2 0 ^" .n..-4...-w� a R �e �.. w w 015 p'''.2 9 14 14 O PK HT �. . 5 R S 0 13 (�.,, 3 10 I Z m toa < 20 U " w'STILLWA Eli 15 i y e 5 a m w `� 5 g MCKENTY'S ADDITION Q re' 9 ,,.• Y„ M a p O 0160 17 la 196 200 216 220.230 240 256 266 270 286 290 3061 pis '7 16 22 2 24 2 M 20 ]0 TO STILLWATER 3R 3I• oa 0 a 7 6 a O Z - r"•P,,-" R 6 ,9 m w w M w w w w w ° '°-• 3o w S w eo 62ND STREET NORTH 1 w w '° m m - _.. o s 62ND STREET 6 t4 13 t2 11 ,0 9 e > 5 4 3 2 t „ ,IN 3TILLWATER� �_' ✓,'_ '_ w 6 6 w R 6 Vicinity Map w w w p 6 R 6 6 p �` �: � VVV��z ii\i, •' 14 13 ¢ 11 10 9 7 6 5 d '.i it d _00" � �h.:-r'n° r"r°^'"Yr✓'a OAK PARK HEIG T8 a O 1fi 17 16 19 20 21 22 z3 20 25 26 27 28 29 30 ,z<IN �' STILLWATER 1 � W 6 -.'6'' Z - w w � - k � � �. 15 1fi 17 I6 19 20 2 3 24 2 28 2r�27 w° � w, d Y"a r"'P y..w dI„,„„7../11,14 2 5 F VACATE HUBER STREET PER BK,5M60,PG 715 ,, S 9 e...� vHUBERT � z w , w, :w° wa .aa ws w .a, o, w3 ai '' f �// N ii =-. .. ..i. . �� . . i �° ° ( J ° 'STREET w 5 4- 1 12 ,i 0 : 6 > 6 5 3�'"'2 w 14 13 12 10 9 6 7� B 5 g a g R. w 5 g w w 6 w w w. w. w C9 a�� w h p 7 7 ti r7MClpNII}pLL€DAN AND CttO(a'T ' ����O s ' t q ` ' ' ,��1•� I d°..'^F•r.` kA--• i d'. i i f d {+} t d T! d 1~ Q .;` \ i--.---',..7”- ✓'1�„s✓`.✓"✓'✓✓"'r'' `3 122''- .�1 w �� s�` —E {{ a It `r L F 2 O e 'm 6 17.. _ 6200 ,!. p 233 N p 250 26 r 2 .i5 is \ �.1. ,-,'o ,1�� Q e•"�+''P s•'K.'1.w^'Y'".r ae"'. =.re ✓�'.r/�,..,-as mBTILLN'ATE L • S O \ � > j.0158 1fi t) 19 20 21 22 27 24 25 `3I��x88 1 z wz :wz EUGENE R a e7R t YA / / / / • TEwrtmere'av,.En ..ME / / NG Z a ma W w z .oz w 6 p 9 ; °'s' 6p p OAK PARK HEIGHTS GAR m��_ �- ''.::' ' :NI d J d y p 1 y n n 6 m 0 4 �r A n _ �. Z o W fY'E d 4 :_ o a...y W HI..-OAK P HIS ,w w O 15 .--'17 5 18 19 20 21 22 T3 24- 6 27 9•6 29 30 rot , W,GF.o SEMENI 60 .o �o_ r 2 Q K ' ar w, w w ww * 4 m 0 250 �.., ® fr.�. B r ; I wz V TED WALLAC REET BK 215 EDS G 7 Z S r P m� Scale in Feet ilk,• i SESR E,.n eK.to7 147 15 p p p 14 p 13 12 11 10 b 8 7 fi 5 p,. 4 3 2 1 'M STILLWAT. MIW�w-w- {{{ � s0 .'15 w - - - p.. 6 6 N p.. 75142 p 6': ,.9. - XRS BOEEDS PG 463 '3 t4 13 12 11 1, 9 5- - w 6 w w w p p p. „ ,,,,Dam y. 8 5 BR,m W F 6 60TH STREET 2 1 �,_._ NORT 6 w p PER pE v ' �.o.A�.w,. I ..-�«_�.. PWY EASEMENT PER fiK 281 DEEDS,PG 3.738 ENS 266 05506.PG 435 16 17 18 19 20 21 22 2 24 25 26 27 28 29 30 ............ 6 q.... 6_ p R- 6 w w 6 6 6 w w - w 6 170 N p p. i ^ u -16- - to 0...19" zb p zt"x2 p'..z3'-"z4"-'2s"-'xs"-' n'-"ze` 29- 30 STATE HIGHW` 6 s , STA E HWY RAN PER BK 123 DEE05 FG 246 ASEMEHi PER aK,02 DEEDS PG 195 1010 .vev.r .. �� •w H STREET NORTH NV, p 0205505 PD 459 8 Y. .,,.• I A ,e°aee p ,.,1e R1T ,m i'"""'•'^ lw.$ u°z.,. BK 122 OEED3 P025woaas c` V R e k q S ouTLOR pp r 8 A<5, 2 6 t ' per.IS R.,. ul me ez �,. 3 i ,TS .� FOX HOLD, 9p 6`m k 20 FT wiGE ul N �. 1 9 yam, M EP`£ HGOT sees :w 8 Y 9p LOTA 3 siDRM SEINER 1,ENi iuw 1200° N urrn ii H ,MM zzo " P nw zw 1 p .00 wn 10000 8117 Y" ..k�. 84 2 g3 7 ° 9 9.. le/t?'. 8 18 `n` vzw : 9, 6 2 8, 6 p Y y 9 8 1 — =" o4ti fi W w R Aw 59TH STAN„- P w zs mm ''R ,1 w s ww ,9, � OUTLOTG 24 4 C` TLOTC ,\6\51-'C' OUTLOTq ,sow 1` n py.ei....•. .8. ' .,, R 2e V aP , S !� 9 '• S f'9 19 18 6 - K 4 'R �^ 2128 9�920 8 Y 93 Y 8 ,3 £ 1"'' ,0n0 m m ,s1M rose m 30 GO MOD mm nm..:zem 1129 �, 2600 CIC NO 74 CIC NO 74 '°_'° s p SECOND SUPL THIRD SUPL VAI.I,L:V VIEW VALLEY VILW : CONDOMINIUMS N5RSDNDOMINIUMS NOI1 I-I m '..s Ts IL 60 a P 1 1 o,,B6, , °` ' RAYMI OHNSON ESTATES CIC NO 74 g W 1 RLS NO 69 6,A e� ��T6,0 w 1 05 o ,ar69ar9a, ,w° w a s ,- This drawing is the result of a compilation Y Cr 510 74 vnl.l LV VILW I 050 E45EMEM DOC 456T and repmtlu riou of Washington County offices. 5 The drawing should be used for reference W : 205 F5005 w NoRTNERNSUre3POwER<o EASEM=N, purposes only.Washington County is not slowIir "=M 5 to o,,o ° w responsible for any inaccuracies. Location Map 58TH STREET NORTH a Source:Washington County Surveyor's Office. A Phone(651)430-6875 w e Parcel data based on A5400 information o ,( S r u.N, O 00 7� CIC no 7 CIC NO 75 n wER en j current through:July 31,2005 vU,SUPI I LYII o I'I ST SI I 1 I I:M(.\1 (SIC 00 75 30 0 25 °,. «,�%� ��' Map printed:September 7,2005 Washington County Survey and Land Management 14949 62nd Street N. P. o. Box 6 INVOICE Stillwater, MN 55082-0006 (651) 430-6875 DATE 1 00595 # 9/7/2005 1005954 BILL TO: CITY OF OAK PA 14168 OAK PARK HEIGHTS ARK BLVD P O BOX 2007 OAK PARK HEIGHTS MN 55082 CHARGED BY: TERMS CLERK Julie Hultman JOB NO. ITEM NET 30 bjw �__ DESCRIPTION PARCEL SEA... i — — /File No. 05104 (PIDs 3303020440001:0005,0—_ QUANTITY 0026) --_ PRICE TOTAL 155 total 1 50.00 Add'1 Parcels parcels 50.00 Mailing Label 32 labels Sales Tax 30 0.50 i I 2 1.00 15.00 6.50% 0.00 I I I I i I I i I I I I I I 1 I I iiPlease make checks payable to WASHING OT N COUNTYSURVEYOR Total Charged: — ----- ----------- $67.00 Wash;;� iron #,,,,r1..Couny �3" DEPARTMENT OF TRANSPORTATION&PHYSICAL DEVELOPMENT EVELOPMENT Styvey and Land Management Donald J.Theisen,P.E- Director/County Engineer Michael J.Welling,P.L.S. County Surveyor Government Center. 14949 62nd Street Noah—P•O•Box 6,Stillwater, Phone: 651-430-6875 Fax: 651-430-6888 Ti'?:(} Minnesota 55082-0006 Date of request + 651 430 6246 Parcel Search File No. 0 S 1(2 _ _ _ _ RE 1 UEST FOR SURROUNDING PROPERTY -•_•_._._•_._ _ OWNERS AND ADDRESSES Requested by Name 'l . _ _ _ _ _ - _ _._._•_._ _ _ _ _ U rJ _ _ Business --44 '�''' Street address ( ‘ I fl1el City/State/Zip code 1) ' +`' .. Daytime Phone ((a - ,i . c —r 7 List of owner names and addresses for G � F Jc�{ E f parcels located within `� c-'y� Parcel ID(if known) U feet of Parcel ID Name wn) L''t_��r.",, l r jj// \j a.' i/ Street address(if different A City or Township ii, , above) j�/ • ' • alf t frO"' Date needed: 4 A P L Mailing labels: Yes � '�_ Mail report #of sets of labels: NO _ Pick up report j PARCEL SEARCH FEES S - 1-'Y,n c� (c 1st 25 parcels,includin 1 sheet of 30 labels g subject parcel ($50.00) ($1.00/set) $ -''� ,, Postage,if parcel search is v Fee,if parcel search is faxed mailed ($2.13) ' ($2.13) Total Prepayment: $ rj Prepayment date --t- -•- -•-._._ _ _ _ Received by Completion date 9 7 D5"• -'-•- -•_ _ _ _ _ Service Rep _ _ _ _ _•_•_ _. Total#of � _._._._.-•-•-.. parcels , Total#of labels ‘if/ #of additional parcels -- __ x .50= $ /3700 #of add'l sheets of labels _x1.00= Amount due: 410.. Payment date 7 $ Payment received by 1 ( THIS INFORMATION W THS FILES.THE CODAS COMPILED FROM WASHINGTON COUNTY SURVEYOR MAPS AND COUNTY ASSESSOR INFORMATION RELIED UPON IN THIS PARCEL SEARCH. SURVEYOR'S OFFICE IS NOT RESPONSIBLE FOR ANY INACCURACIES IN THE ECKBERG LAMMERS i ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 Stillwater, Minnesota 55082 Writer's direct dial number: (651)439-2878 (651) 351-2118 Fax(651) 439-2923 www.eckberglammers.com September 1, 2005 James Lammers Robert Briggs Mark Vierling Thomas Weidner Susan Olson David Snyder Sean Stokes Mr. Eric A. Johnson Baiers Heeren Laura Domagala City Administrator Joshua Christensen City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: County/City of Stillwater Annexation Detachment Matter Dear Eric: Enclosed herewith please find the following documents for your review and potentially for use at the second Council meeting in September. The documents I am providing you are as follows: 1. Four(4) original copies of agreement between the City of Stillwater and the City of Oak Park Heights and the County of Washington for development on the campus of the Washington County Government Center; 2. Reconveyance of Forfeited Lands to the State of Minnesota by Governmental Subdivision; 3. Resolution Approving the Detachment of Lands from the City of Oak Park Heights and Annexation of Same to the City of Stillwater Pursuant to Agreement; 4. Notice of Public Hearing on Alley Vacation; 5. Resolution Approving the Vacation of the Alley Within McMillan and Cooley's Addition. ECKBERG, LAMMERS, BRIGGS. WOLFF 8 VIERLING. PLLP Family Law/ Divorce • Business and Commercial Law • Criminal Law • Personal Injury/Wrongful Death Estate Planning/ Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation _ r ' September 1, 2005 Page 2 If you have any questions with regard to these documents,please feel free to contact me. Yours very,/truly, ark J. Vier i MJV/sdb Enclosure cc: Jim Schug (w/enc) David Magnusson (w/enc) Oak Park Heights Request for Council Action Meeting Date July 12th, 2005 Agenda Item Title: Washington County Detachment and Annexation Time: 8 Minutes Agenda Placement Old Business Originating Department/Re• .r E • ®_ son Ci Administrator Requester's Signature / t/ Action Requested onsider A ement with Washington County and the City of Stillwater q . • Background/Justification(Pleas, indicate if any previous action has been taken or if other public bodies have advised): Attached you will find an Agreement between the City of Oak Park Heights,the City of Stillwater and Washington County that deals with the issues related to our much discussed "detachment and annexation" of certain lands surrounding the Washington County complex. Over the last 8-10 weeks, Mark Vierling and I have met with both the City of Stillwater and Washington County staff to find language to hopefully resolve this issue. The attached Agreement is a summation of this effort. Many of the key issues have been addressed some highlights are: • County responsibility to pay for street improvements,not assessable to other parties for both Oxboro and 62 Street; • County pays for moving City utilities and all future finish restoration should maintenance be needed; • County plows Oxboro and the frontage road; • 62nd street may not be widened to the north; • 20' setback from 62nd street and 30' setback from Paris; • City is granted necessary easements for it utilities should these need to be relocated as a result of the STH 36 project; • City transfers the "alley"back to tax forfeiture status. Please carefully review this document. Accordingly the approval of the Agreement is recommended, subject to minor amendment by the City Attorney's office. 1 AGREEMENT BETWEEN THE CITY OF STILLWATER, THE CITY OF OAK PARK HEIGHTS,AND THE COUNTY OF WASHINGTON FOR DEVELOPMENT ON THE CAMPUS OF THE WASHINGTON COUNTY GOVERNMENT CENTER THIS AGREEMENT is made this day of ,2005, ("Effective Date")between the City of Stillwater,Washington County,Minnesota("Stillwater"),the City of Oak Park Heights,Washington County,Minnesota("OPH")and Washington County,Minnesota (the"County"), relating to the land use management of the campus of the Washington County Government Center(the "Campus") and constitutes a joint power agreement made pursuant to Minnesota Statutes § 471.59 in order to facilitate the Joint Resolution for Concurrent Annexation-Detachment made between Stillwater and OPH as authorized by MINN. STAT. § 414.061,dated ,a copy of which is attached for reference as Schedule"A." NOW, THEREFORE, in consideration of the premises, covenants and provisions set forth herein,the parties agree as follows: AGREEMENT SECTION ONE GENERAL PROVISIONS 1. Amendment of Agreement. This Agreement may be amended from time to time by mutual written agreement of the original parties. SECTION TWO RIGHTS AND OBLIGATIONS OF STILLWATER 1. Development and Control of Development. Stillwater will allow the County to develop the Campus in accordance with the terms and conditions of this Agreement and the ordinances of the City of Stillwater. 2. Permitted Uses. The permitted uses of the Campus are those identified in the Stillwater Zoning District PA-O(Public Administration Office)as they now or in the future may exist. 3. Police and Fire Service. Police and fire service, and building code enforcement will be provided to the Campus by Stillwater. 4. Stillwater will meet and confer with the County with regard to County security needs that are not met by normal levels of police protection,giving recognition to the duties and authority of the Washington County Sheriff. SECTION THREE RIGHTS AND OBLIGATIONS OF OPH 1. Traffic Control. The following streets will remain within the jurisdiction and City of OPH: a. Oxboro Avenue from TH 36 right of way to 62nd Street. b. Portions of 62nd Street from Osgood Avenue to Paris Avenue as are now located in OPH. c. Paris Avenue from 62nd Street extended to the TH 36 right of way. 2. Utility Management. OPH will continue to provide municipal water and sewer service to the Campus area,subject to the following conditions: a. No OPH utility lines or services currently serving the Campus area will be removed,relocated or altered without the written consent of OPH. b. OPH will charge the County a rate for utility service consistent with commercial/institutional rates charged in the community. c. "As built" surveys will be required for any and all new improvements constructed by the County for the Campus. d. The County will conduct analysis of stormwater flows from the Campus due to planned improvements and will work with the City and Mn/DOT to determine the most practical and reasonable methods for handling additional surface water runoff 3. OPH shall by resolution promptly transfer the alleyway legally described as: (legal description) "in-fee"to the State of Minnesota to return to"tax-forfeited" status. The County shall request this property be transferred to the County from the State to be used for parking purposes. 4. OPH shall vacate the existing alley easement legally described as: (legal description) 5. OPH and Stillwater shall by Joint Resolution allow for, authorize and support the detachment of all the existing County owned properties,including the alley,to allow annexation of these properties into the City of Stillwater. 6. OPH and Stillwater agree to allow the future detachment from OPH and annexation to Stillwater of three parcels of land as may be acquired by the County without the use of eminent domain proceedings those properties being presently identified as parcels numbered 3403020330105;3403020330106;and 3403020330114. SECTION FOUR COUNTY RIGHTS AND OBLIGATIONS • 1. Traffic Management. The County will not construct additional internal roadways (i.e. those not currently present) within the Campus of the Government Center until after the County conducts neighborhood public meetings with adjacent property owners. The meetings shall display final layouts and proposals of future and proposed land use changes and improvements. The meeting shall be prior to the filing of any application with the City of Stillwater to obtain approval for same and be held at least 120 days in advance of any construction. The County shall include a written notice of such meetings to OPH. a. No new roadways, drives or parking facilities will be constructed that do not provide at least a 20 foot buffer from the Washington County property lines along the North from Panama to Paris Avenue b. No new roadways, drives or parking facilities will be constructed that do not provide at least a 30 foot buffer from the Washington County property lines along the East(along Paris Avenue). c. Suitable landscaping and vegetation must be provided to reduce and mitigate traffic and site impacts for adjacent property owners. d. All traffic signage and control devices needed to serve traffic generated by the Campus activities will be placed at the expense of the County,including but not limited to,traffic control devices at 621th Street/Oxboro Avenue and Osgood/4th Street, including intersection improvements if needed and pedestrian sidewalk crossing areas. 2. Utility Management. a. The County will continue to use existing City utilities and easements within the Campus in which municipal utilities are located unless the affected City and the County agree to another use or location. w_3� b. Since surface improvements may be constructed by the County over existing utilities, the County will bear the cost of replacing any improvements that must be disrupted if an underlying utility is moved,repaired or replaced. c. OPH approval is required for any improvement affecting OPH utilities or the surface over a utility. 3. The County shall pay that portion of any improvement to 62nd Street and Oxboro Ave that are shown by appraisal not to add benefit to adjoining private properties and/or not assessable under law by the local government unit.The County and Cities affected shall have an agreement as to the project elements to be constructed before any such project proceeds. The affected City(ies) and County shall jointly select an appraiser for the purposes of conducting all such appraisals on benefit and the cost thereof shall be equally divided between them. With the consent of the affected City the County may choose to implement improvements to street surfaces at its own cost and expense. 4. The County shall assume the responsibility for snowplowing Oxboro Avenue from 62nd Street to the TH 36 frontage road. 5. The County will accept full jurisdictional responsibility and bear unreimbursed state costs of any needed reconstruction and maintenance of the TH 36 frontage road located south of the Campus from Oxboro Avenue to Panama Avenue. 6. The County shall grant the necessary and reasonable easements as required by the OPH engineer for city utilities that may be relocated on County property as a result of planned parking lot expansion and vacation of MN/DOT right of way for TH 36. 7. The County will pay for utility line relocation approved by the affected City and necessary to accommodate an expanded parking area in the southwest corner of the Campus and once installed, the County will pay for all finish site restoration work should such utility lines need service or replacement, including necessary asphalt, concrete, curb and gutter, or landscaping. If any TH 36 improvements require the utility easements to be eliminated, the County shall grant the necessary and reasonable easements to OPH across other County property at no charge to OPH. 8. In the northeast Campus area in the vicinity of Paris Avenue and 62nd Street,OPH will only consider these options if the County owns all properties south of 62nd Street between Panama Avenue and Paris Avenue and west of Paris Avenue from 62nd Street to Highway 36. a. The setback for all future structures and equipment shall be not less than 30 feet from the property lines abutting Paris Avenue and not less than 20 feet from the property lines abutting 62nd Street. b. All lighting structures shall fully comply with OPH's lighting standards. • c. The County may widen 62n1 Street between Panama Avenue and Paris Avenue at its expense, however, should the County in the process of widening the street add elements to the project that add value to adjacent property such as new curb and/or water services for those property owners,those elements shall be assessed by the City of Oak Park Heights against those property owners to the extent that benefit is demonstrated. 62n1 Street may not be enlarged or widened northward. All expansion of roadway width shall be to the south. The County shall design and reconstruct this portion of 62nd Street, including curbing and appropriate storm water infrastructure, according to standards reasonably set by the OPH engineer. d. Paris Avenue will not be widened or enlarged south of 62n1 Street and there shall be no ingress to the County facilities from Paris Avenue. The currently unpaved roadway may be paved and shall only be utilized as a secondary access for police and emergency vehicles. If the County installs a full ingress and egress from Paris Avenue,the County shall provide the 8, funding for the design and reconditioning, according to the standards of t' OPH engineer,of Paris Avenue from 62nd Street to the point of ingress and egress, including the installation/replacement of curbing and appropriate storm water infrastructure. SECTION FIVE • GENERAL 1. Each party hereby finds and determines that execution of this Agreement is in the best interests of the public health,safety and general welfare of the citizens of each party. 2. If any term,provision,covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 3. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. SECTION SIX NOTICES Any notice or communication required hereunder must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. Such notice or communication shall be given to the parties or their successors at their addresses set forth below: ;5 If to the County: James Schug,County Administrator Washington County Government Center 14949 62°a Street No. P.O.Box 6 Stillwater,MN 55082 If to OPH: Eric Johnson,City Administrator Office of City Clerk Oak Park Heights City Hall P.O.Box 2007 Oak Park Heights,MN 55082 If to Stillwater: Larry D.Hansen,City Administrator Stillwater City Hall 216 North Fourth Street Stillwater,MN 55083 SECTION SEVEN COUNTERPARTS This Agreement is executed in three(3)duplicate counterparts, each of which is deemed to be an original. This Agreement consists of pages and exhibits, which constitute the entire understanding and agreement of the parties. The exhibits are identified as follows: • IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first hereinabove written. CITY OF OAK PARK HEIGHTS CITY OF STILLWATER By By David Beaudet,Mayor Jay A.Kimble,Mayor By By Eric Johnson,City Administrator Larry D.Hansen,City Administrator Dated: Dated: WASHINGTON COUNTY, a Minnesota county corporation By Myra Peterson,Chair Washington County Board of Commissioners By James R.Schug,Administrator Dated: Approved as to form: Assistant Washington County Attorney 05/29/2005 09:23 ECKBERG LAW 4 4390574 NO.616 9003 05(27/05 14:50 MAGNUSON LAW FIRM NO.981 D02 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN Tea Dasal OPTICS BUILDING 333 NoRT1 MAIN STRE IT•SOTS 0202•P.O.Box 43B •SrtuW ATEa•!dN$SO$2 11azp)aoE:(631)4394464 •Fnele4us: (65 I)439.$641 DAVID T.MA.GNUSON MARGAti rr M.Mux1:HX May 27,2005 By FAX--439-2923 Mark Vierling Eckberg,Lammers, Briggs,Wolff&Vierling 1835 Northwestern Avenue Stillwater,MN 55082 Re: LSl Project— Oak Park Heights Utilities Dear Mark: Larry and I reviewed your markup of the proposed Agreement between Stillwater, Oak Park and Washington County. The following is our reaction: • 1. We suggest no changes to the first or second page. 2. In the Traffic Management Section, the first sentence provides that the City will not construct additional internal roadways. Later in the paragraph there is a process for constructing roadways. We believe it is a red flag to prohibit the County from constructing internal roadways on their own campus. We also think that a 30—foot buffer from the property line might be an excessive requirement, since this would leave approximately 42 feet of open space between the curb and a parking structure. 3. Under Utility Management, 2.a. seems reasonable,but 2.b. as changed appears to be a red flag since it gives the City's Engineering Department absolute discretion to decide about the moving of utilities. • 4. Under Paragraph 3 of that Section, we think the language about sharing assessments is reasonable,but we think that the County should be able to do these improvements as they see fit and without the consent of either municipality if they pay for 100%of its costs. 5. The remainder of your marked up draft looks okay. Respectfully, s !E611.12. David T. Magnuson Stillwater City Attorney DTMJnrn cc: Larry D. Hansen(by fax) 05/29/2005 09:23 ECKBERG LAW -> 4390574 NO.616 P001 • LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff& Vierling, P.L.L.P. 1835 Northwestern Avenue James F.Lammers Stillwater,Minnesota 55082 Paul A_Wolff Robert G.B, * (19441996) Mark J.Vier1 •4 (651) 439-2878 -.- Gregory G.Gaiter Lyle J..Ell Thomas J.Weidner•+ FAX(651) 439-2923 Susan D.Olson+ •Qualified Neutral Arbitrator David K.Snyder *Certified Real Estate Specialist Timothy lei Kelley +Qualified Neutral Mediator COVER SKEET-FACSIMILE TRANSMISSION DATE: May 29,2005 Please deliver the following page(s)to: FAX NO: (651)439-0574 NAME: Eric Johnson FROM: Mark J.Vierling/Sandy TOTAL NUMBER OF PAGES 3 .INCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff&Vierling. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. Violation of this confidentiality notice could constitute a basis for a claim for damages against the violation. If you received this communication in error,please immediately notify us by telephone at(651)439-2878. IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL US BACK AS SOON AS POSSIBLE AT(651)439-2878 COMMENTS: Re: Stillwater Res•once to Draft on Coun Parkin• Lot A• eement. Ho.- to talk with ou Tuesday on this * * * * * * * * * * * HARD COPY WILL FOLLOW BY MAIL 05/29/2005 09:23 ECKEERG LAW 4 4390574 NO.616 D002 651 439 9464 N0.981 D01 05/27/05 14:50 MAGNUSON LAW FIRM MAGNUSON LAW FI tM LICENSED M MINNESOTA AND WISCONSIN TM DESCH OFFICE BUILDING 333 Nowt MAIN Smarr•Sorts 8202•P.O.Box 438• $1 U.WATE ,MN 55082 TELENIONE, (651)43949464•FACIIbq.r:(631)439-5641 DAVID T.MAGNUSON MARGARET M.MURPHY FACSIMILE COVER SHEET DATE: May 27, 2005 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: ' TO: Mark Vierling FAX NO. 439-2923 CC: Larry Hansen FAX NO. 430-8809 FROM: David T. Magnuson SPECIAL REMARKS: If you did not receive all pages,please contact Nancy at 651/439-9464. The information contained in this facsimile message is attorney privileged and confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient,you are hereby non:fled that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this fax in error,please immediately notify us by telephone, and return the original message to us at the above address via the US. Postal Service. We will be responsible for postage costs. y F e LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F.Lanuners Stillwater,Minnesota 55082 Lyle J.Eckberg Robert G.Briggs * (1916-2003) Mark J.Vierling•o (651) 439-2878 Thomas J.Weidner Paul A.Wolff Susan D.Olson. FAX(651) 439-2923 (1944-1996) David K.Snyder Writer's direct dial number. Sean P.Stokes (651) 351-2118 •Qualified Neutral Arbitrator Baiers C Heeren *Certified Real Estate Specialist Laura L.Domagala 4-Qualified Neutral Mediator Joshua D.Christensen May 25, 2005 Mr. Eric A. Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Acquisition of Land Interest in Tax Forfeited Properties (Public Alley by Washington County for Inclusion into the Expansion of the Washington County Government Center) Dear Eric: Enclosed herewith for your review please find copy of letter dated May 23, 2005 received from Richard Hodsdon regarding the above-referenced matter. If you have any questions regarding this correspondence, please do not hesitate to contact me directly. Yours very truly, Mark J. Vierling MJ /sdb Enclosure Office of the Washington Washington Count Attorney '~ County Y Y \•1MY•AOG•� Doug Johnson May 23, 2005 County Attorney Mark J. Vierling y Eckberg, Lammers, Briggs, Wolff& Vierling, PLLP 1835 Northwestern Avenue Stillwater,MN 55082 Re: Acquisition of City of Oak Park Heights Land Interest in Tax Forfeited Properties (Public Alley by Washington County for Inclusion into the Expansion of the Washington County Government Center) Dear Mr. Vierling: A copy of your letter to Sharon Price of the Washington County Department of Transportation and Physical Development was forwarded to me by Ms. Price. Although the letter indicates that you have copied it to me, as of this date, I have not yet seen it. In any case, I respond on behalf of Washington County as follows. We will provide the information you request as to specifics of negotiations in the near future, although a large amount of that information should already be in your file or that of your client's since it was through written correspondence between recently retired Director of Transportation and Physical Development, Donald Wisniewski, and representatives of the City of Oak Park Heights. In any event, as to your last paragraph relative to what you may or may not assume as to any response from the County, you are free to assume anything you wish. However, your assumptions do not make anything a fact and the County believes that it has been more than reasonable in its efforts at reasonable negotiations with the City of Oak Park Heights. Very truly yours, DOUG JOHNSON, COUNTY ATTORNEY WASHINGTON COUN Y, MINNESOTA jvc\,\) Richard D. Hodsdon Assistant County Attorney RDH/sf Government Center• 14949 62nd Street North—P.O. Box 6, Stillwater, Minnesota 55082-0006 Main Phone: 651-430-6115 • Fax: 651-430-6155 • Civil Division: 651-430-6116 • Fax: 651-430-6163•TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action I LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F.Lammers Stillwater,Minnesota 55082 Lyle J.Eckberg Robert G.Briggs * (1916-2003) Mark J.Vierling•¢ (651) 439-2878 Thomas J.Weidner• Paul A.Wolff Susan D.Olson. FAX(651) 439-2923 (1944-1996) David K.Snyder Sean P.Stokes Direct Dial No (651)351-2118 Baiers C Heeren •Qualified Neutral Arbitrator Laura L.Domagala *Certified Real Estate Specialist Joshua D.Christensen Qualified Neutral Mediator May 18,2005 Mayor David Beaudet Councilmember Les Abrahamson 6400 Lookout Trail North 13990—56th Street North Oak Park Heights, Minnesota 55082 Oak Park Heights, Minnesota 55082 Councilmember Mark Swenson Councilmember Jack Doerr 14846 Upper 55th Street North 14520 Upper 56th Street Oak Park Heights,Minnesota 55082 Oak Park Heights, Minnesota 55082 Councilmember Mary McComber F;. 5728 Penfield Avenue North D `� Oak Park Heights, Minnesota 55082 Re: Privileged Communication—Attorney/Client Matters and Litigation Washington County Eminent Domain Proceeding Threatened Against the City of Oark Park Heights Relative to Alley in Vicinity of County Government Center Dear Mayor and Council: I thought I would take this opportunity just to provide you with a status report and/or suggestions from our office in terms of how we intend to proceed should the County actually proceed to eminent domain proceedings. The City has already received by correspondence dated May 6 a copy of the appraisal and the County's offer of acquisition. I presume that this is an attempt by the County to otherwise comply with Minn. Stat. §117.036. That statute requires the County relative to acquisitions for roads and transportation facilities which I assume this is one to comply with both the provision for supplying an appraisal and to exhaust good faith efforts to complete negotiations prior to the commencement of any eminent domain proceeding. You will see in correspondence that you will receive from Mr. Eric Johnson our inquiry of the County on those specific issues. However,I do expect that the County will proceed to eminent domain proceedings and it would be my recommendation to the Council if they do so that we immediately commence a procedural motion before the Court to dismiss those proceedings as it is my impression and advice to you that the City of Oak Park Heights indeed does not own the alley in question at all,but merely holds same in trust for the taxing districts of the State of Minnesota by virtue of the tax forfeiture r Mayor and Councilmembers May 18, 2005 Page 2 conveyance that created the City's interest in the land. As you know,the City has certified a public use and acquired property that otherwise would have been auctioned by the State of Minnesota. Under the statute,the City merely holds the use of the property for its public purposes and has no saleable rights to the property in interest. It would be my intent to bring a motion for summary judgment/motion for dismissal if the County actually commences the action,but of course, it would depend in large measure on whether or not the State of Minnesota is joined as an additional party defendant in that action or whether indeed the State of Minnesota has signed any consents to the County of Washington relative to its interest in the property. The County Attorney has contacted me on the matter and I know they are well aware of the issue under the law which would normally under general purposes preclude a lesser government entity from acquiring a public interest from a greater public entity, i.e. the County normally does not have the authority to acquire an interest in property owned by the State of Minnesota and it is my impression and view that this subject property is indeed owned by the State of Minnesota. We will obviously have to wait and see what transpires as this matter plays out,but it is my understanding at the present time that although the City has certified its need for the alley when it acquired the interest some years ago from the State of Minnesota,that there are in fact no public utilities in the alley at the present time. I am sure the City would not wish to expend a significant economic outlay into this particular issue with the County as the larger issue is being presented by the impending petition for annexation. In that regard, on the annexation issue, it is my impression that the City staff of the City of Stillwater does not have the desire to take on this issue on behalf of the County. However,I am not at all sure as to what the elected officials of the City of Stillwater are supporting or not supporting relative to the County's desire to acquire this area from the City of Oak Park Heights. The City Staff of the City of Stillwater is keenly aware of the deteriorating situation at 62"d Street in addition to Oxboro Avenue and has their own issues with the County relative to maintenance,repair and construction of that street which they would like to accomplish as a condition of any agreement to accept any further annexed property into the City of Stillwater relative to county use. They also have a number of other fiscal concerns with regard to the County operations which could otherwise be a burden to the City of Stillwater. My point is, of course, at this point in time I think it would be advantageous for those of you who do have a good working relationship with members of the City Council of the City of Stillwater to seek their support in making sure that they are not in support of a county's effort to simply sidestep a city's interest in its own land by detaching it from one city and trying to barter it to another. The same issues that we have with the County,the City of Stillwater will have with the County and it is best that both cities take a united front in dealing with the County government center. From a staff perspective, I know the City staffs of Stillwater and Oak Park Heights concur with regard to the municipal interests that are prevalent throughout the County government center area and also agree on holding the County accountable for street damage, reconstruction and related interests that will occur regardless of who is in control of the affected streets. In many respects, it appears to me that Mayor and Councilmembers May 18, 2005 Page 3 this issue of detachment and annexation, as well as the condemnation of the alley, is more of a political issue which has now evolved its way into the legal arena,but I am confident that if members of the City Council of the City of Stillwater recognize that issue and the potential problems that they may have with the County with regard to 62nd Street and related land use and neighborhood complaints,that they may be more supportive of the City of Oak Park Heights' position and less inclined to jump into a role of supporting the County of Washington on these issues. If they were more supportive of the City of Oak Park Heights and less receptive to the County's position,that communication would bear a significant impediment to the County's desire to proceed for annexation and detachment as the lack of the supporting resolution from a receiving community is almost always fatal to an annexation/detachment request. It is also probable that we will need to schedule an attorney/client meeting session in either late May or early June, dependent upon the timing and the County's determination to proceed. We will continue to monitor matters as they transpire and, of course, keep you informed on issues. Naturally, if any of you have any questions at any time, .lease feel free to contact me directly. Yo 4 ark J. Vierling MJV/sdb cc: Eric Johnson,City Administrator • , LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F.Lammers Stillwater,Minnesota 55082 Lyle J.Eckberg Robert G.Briggs * (1916-2003) Mark J.Vierling•¢ (651) 439-2878 Thomas J.Weidner Paul A.Wolff Susan D.Olson 4- FAX(651) 439-2923 (1944-1996) David K.Snyder Writer's direct dial number. Sean P.Stokes (651) 351-2118 •Qualified Neutral Arbitrator Baiers C Heeren *Certified Real Estate Sperialist Laura L.Domagala 4-Qualified Neutral Mediator Joshua D.Christensen May 18, 2005 Ms. Sharon M. Price \`� ) 1" '2 Property Acquisition Manager Washington County Department of Transportation- Physical Development 11660 Myeron Road North Stillwater, Minnesota 55082 Re: Acquisition of City of Oak Park Heights Land Interest in Tax Forfeited Properties (Public Alley by Washington County for Inclusion into the Expansion of the Washington County Government Center) Dear Ms. Price: I am in receipt of your correspondence of May 6, 2005 directed to the City of Oak Park Heights and City Administrator Mr. Eric Johnson. I presume that the correspondence that you forwarded was in an attempt to comply with Minn. Stat. §117.036 relative to appraisal and negotiation requirements. Relative thereto, we have a copy of the appraisal that was provided and will have the opportunity to review same. However, specific relative to the requirements of Subdivision 3 of the aforementioned statute, I am requesting information from your offices relative to the specific efforts required of Washington County under that statute. Specifically, I wish to know the following: 1. The specific "good faith efforts"to negotiate personally with the "owner" of the property in order to acquire it by direct purchase instead of the use of eminent domain proceedings. In this regard, I wish to know the persons representing Washington County that were involved in such direct negotiations, the date upon which those negotiations took place and the specific individuals identified on behalf of the "owner"of the property relative to acquiring it instead of use of eminent domain proceedings. Ms. Sharon M. Price May 18, 2005 Page 2 I can only conclude that since Washington County has initiated the process under the statute by delivering the appraisal, it feels it has concluded all negotiation processes specified under the statute and has completed its good faith efforts as required by law. If I receive nothing back from your offices prior to the time any eminent domain proceedings are commenced, I will assume the County will then acknowledge that no such negotiations have taken place as otherwise required or provided for under statute. Yours very truly, Mark J. Vierling MJV/sdb cc: Richard Hodsdon, Assistant County Attorney Eric Johnson, City Administrator • ., Department of Transportation %Vashingtonand Physical Development ClintY ', Donald C.Wisniewski,P.E. O Director Donald J.Theisen,P.E. County Engineer/Deputy Director May 6,2005 Mr.Eric A.Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights,MN 55082 Re: Acquisition of the City of Oak Park Heights land interest in tax forfeit properties(Public Alley)by Washington County for inclusion into the expansion of the Washington County Government Center(Public Use) Dear Mr.Johnson: The Washington County Board of Commissioners has authorized acquisition of the above land interests(alley)located in the City of Oak Park Heights for inclusion into the expansion of the Washington County Government Center. Based upon the appraisal received from William J.Peterson,Appraisal Concepts, Inc.,the parcel to be acquired is not compensable. This acquisition is for tax forfeit lands deeded to the City of Oak Park Heights in 1985 from the State for alley purposes. Washington County seeks to acquire the interest in this land for public purpose and is described as follows: The South 30 feet of the North 50 feet of said 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. The County desires to acquire the interest in the former tax forfeit property by direct purchase for the sum of one dollar, MI good and valuable consideration. If you do not accept the County's offer,it will be necessary for Washington County to initiate eminent domain proceedings 30+days after this offer in order to complete the Government Center expansion project in a timely manner. Although eminent domain proceedings will be initiated after 30 days,it is Washington County's desire to continue discussion with you in order to reach agreement on the acquisition. To aid in your decision,you may want to secure your own appraisal. Washington County will reimburse you in an amount not to exceed$1,500.00 for the actual cost of an appraisal. Reimbursement cannot be made,however,until the necessary property rights are acquired. If you have any questions,please contact me at 651-430-4391. Sincerely, n. MAY - Sharon M.Price Property Acquisition Manager Enclosure-Appraisal 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action i e.,. 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 April 6,2005 Ms.Myra Peterson,County Board Chair Washington County,MN PO Box 6 Stillwater,MN 55082 Mr.Jim Schug,Administrator Washington County,MN PO Box 6 Stillwater,MN Dear Ms.Peterson and Mr. Schug, Just a note to thank you for taking time to meet to discuss our two issues-County Environmental Charge and Detachment/Annexations. I think we can agree that we came to no new conclusions or made any practical headway on solving these issues,although,this was not the intention of the meeting.Instead it was just to keep our positions on the table and to reflect a bit on how we got to where we are. We will surely be discussing these items in the future,hopefully to the benefit of all parties. Sincerely Eric Johnson City Administrator Cc: Weekly Notes 1 BOARD OF COMMISSIONERS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. March 8, 2005 Transportation and Physical DATE DEPARTMENT Development MOTION BY COMMISSIONER SECONDED BY COMMISSIONER • RESOLUTION TO ACQUIRE LANDS ADJACENT TO THE WASHINGTON COUNTY GOVERNMENT CENTER WHEREAS, Washington County proposes to improve the Government Center Campus by expanding the parking area south of Lot A, and WHEREAS, the alley connecting Oxboro Avenue and Panama Avenue and land within the TH 36 easement must be purchased to expand the parking lot, and NOW, THEREFORE, BE IT RESOLVED that the Department of Transportation and the County Attorney is hereby authorized to proceed to acquire the aforementioned property. ATTEST: YES NO COUNTY ADMINISTRATOR HEGBERG KRIESEL PETERSON PULKRABEK CHAIRPERSON, COUNTY BOARD STAFFORD p WASHINGTON COUNTY REQUEST FOR BOARD ACTION 4B TIME REQUIRED 10 minutes � March 8, 2005 ( AGENDA ITEM NO. BOARD MEETING DATE ORIGINATING DEPARTMENT/SERVICE BOARD ACTION REQUIRED Transportation&Physical Dev. Request to approve a resolution to acquire property adjacent to.the Washington REQUESTOR'S SIGNATURE/DATE County Government Center for purposes of expansion of parking lot A. Donald Wisniewski REVIEWED BY/DATE 111 2r,S BACKGROUND/JU I ICATION The City of Oak Park Heights has denied the county's application to detach county owned properties from the city for annexation property)south into the of the l Government Center parking lot A back to the State city to transfer the alley so that the land could tax be forfeited property)south o designated for public use for parking lot expansion. Since we could not reach agreement with the City of Oak Park Heights, it will now be necessary to acquire the alley before we can proceed with a formal petition to the State of Minnesota to detach the property intended for parking lot expansion. In addition, the lot expansion will encroach onto the TH 36 easement, which will be permitted by Mn/Dot; however, the underlying ownership of the easement must be acquired by Washington County. negotiations ti tions a resolution authorizes the the alley anDepartment the land encumbered aby the Mn/Dot highway easement.proceed with negotlatlons purchase completion of the acquisition process, the next formal action will be a request to approve and forward a detachment and annexation petition to the State of Minnesota. It will also be necessary to obtain a resolution of support for the annexation from the City of Stillwater. PREVIOUS ACTION ON REQUEST/OTHER PARTIES ADVISED MEDIA CONTACT Board workshops and reviews/County Attorney Don Wisniewski DATE/TIME RECEIVED BY . COUNTY TTORNEY REVIEW/DATE FINANCIAL IMPLICATIONS $ mow COUNTY ADMINISTRATOR A 2 2005 BUSINESS UNITS `, 7� //*f'' OBJECTS • COUN Y ADMINI TRATOR/DATE ADMINI TRATIVE RECOMMENDATION BUDGETED YES NO OE APPROVAL •.❑ DENIAL FUNDING ❑ NO RECOMMENDATION LEVY OTHER COMMENTS COMMENTS **County Bonds Department of Transportation • WTashington and Physical Development ti Donald C.Wisniewski,P.E. County � �"%�' Director Donald J.Theisen,P.E. County Engineer/Deputy Director May 6,2005 Mr.Eric A.Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights,MN 55082 Re: Acquisition of the City of Oak Park Heights land interest in tax forfeit properties(Public Alley)by Washington County for inclusion into the expansion of the Washington County Government Center(Public Use) Dear Mr.Johnson: The Washington County Board of Commissioners has authorized acquisition of the above land interests(alley)located in the City of Oak Park Heights for inclusion into the expansion of the Washington County Government Center. Based upon the appraisal received from William J.Peterson,Appraisal Concepts,Inc.,the parcel to be acquired is not compensable. This acquisition is for tax forfeit lands deeded to the City of Oak Park Heights in 1985 from the State for alley purposes. Washington County seeks to acquire the interest in this land for public purpose and is described as follows: The South 30 feet of the North 50 feet of said 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. The County desires to acquire the interest in the former tax forfeit property by direct purchase for the sum of one dollar, good and valuable consideration. If you do not accept the County's offer,it will be necessary for Washington County to initiate eminent domain proceedings 30+days after this offer in order to complete the Government Center expansion project in a timely manner. Although eminent domain proceedings will be initiated after 30 days, it is Washington County's desire to continue discussion with you in order to reach agreement on the acquisition. To aid in your decision,you may want to secure your own appraisal. Washington County will reimburse you in an amount not to exceed$1,500.00 for the actual cost of an appraisal. Reimbursement cannot be made,however,until the necessary property rights are acquired. If you have any questions,please contact me at 651-430-4391. Sincerely, MAY - 9 Sharon M.Price Property Acquisition Manager Enclosure-Appraisal 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action e., 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 April 6,2005 Ms.Myra Peterson,County Board Chair Washington County,MN PO Box 6 Stillwater,MN 55082 Mr.Jim Schug,Administrator Washington County,MN PO Box 6 Stillwater,MN Dear Ms.Peterson and Mr. Schug, Just a note to thank you for taking time to meet to discuss our two issues-County Environmental Charge and Detachment/Annexations. I think we can agree that we came to no new conclusions or made any practical headway on solving these issues,although,this was not the intention of the meeting.Instead it was just to keep our positions on the table and to reflect a bit on how we got to where we are. We will surely be discussing these items in the future,hopefully to the benefit of all parties. Sincerely Eric Johnson City Administrator Cc: Weekly Notes t 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 February 24t,2005 Mr.Don Wisniewski Washington County Department of Transportation and Physical Development 11660 Myeron Road North Stillwater,MN 55082-9573 RE:Annexation&Detachment Request Dear Mr.Wisniewski, Enclosed you will find an executed copy of City Resolution 05-02-10 that denies the County's request for detachment and annexation of certain lands lying in the City of Oak Park Heights.The City will be continuing our discussions with the City of Stillwater over the next few weeks. Please let me know if you have any questions. B- Regards nc oli:•i City flittis .tor Cc: Mark Vierling City Council Members • RESOLUTION NO. 05-02-1 0 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION DENYING THE APPLICATION OF WASHINGTON COUNTY SEEKING DETACHIVIEMT 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 i 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 end 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, ■Alir tie 2005. David Beaudet/4ge Mayor tit • ST: Eric s iron Ci i A. 's'strator Oak Park Heights Request for Council Action Meeting Date February 22,2005 Agenda Item Title: Washington County Detachment Request Time: 10 minutes Agenda Placement Old Business Originating Department/Requestor Eric J. •s I son,City Administrator Requester's Signature Action Requested Consider and - 'p s ve Resolution Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Attached is a resolution that formally rejects Washington County's request for detachment of certain lands in the City of Oak Park Heights as well as the County's request that the City vacate the alley lying south of the Oxboro parking lot. As you recall the Staff has discussed this issue with the city of Stillwater and provided certain resolutions that we believed to best address our intergovernmental issues and left the County issues for a separate document and agreement. Contrary to that process, Stillwater has incorporated the County's concerns into ONE document and also inserted amendments that are not acceptable to the City. Accordingly, Staff at this point is recommending that the City formally reject the County's application as the 120-day timeline will expire in early March. (County submission date was 11/5/04).However,the resolution also authorizes staff to continue discussions relative to this matter with the staff of the City of Stiliwater. Enclosed: 1. Resolution 2. Proposed agreement received from D. Magnuson,Stillwater City Attorney. LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F.Lammers Stillwater,Minnesota 55082 Lyle J.Eckberg Robert G.Briggs * (1916-2003) Mark J.Vierling•o (651) 439-2878 Thomas J.Weidner Paul A.Wolff Susan D.Olson o FAX(651) 439-2923 (1944-1996) David K.Snyder Writer's direct dial number. Sean P.Stokes (651) 351-2118 •Qualified Neutral Arbitrator Balers C Heeren *Certified Real Estate Specialist Laura L.Domagala +Qualified Neutral Mediator Joshua D.Christensen February 7, 2005 Mr. David Magnuson City Attorney City of Stillwater P 333 North Main Street v° Stillwater,Minnesota 55082 Re: County Parking Lot Expansion Dear Mr. Magnuson: I have received your correspondence of January 27 proposing basically what in essence has been the County proposal relative to their parking lot expansion project. We will re-bring this matter to the City Council;however, the introduction of the County's issues into the document, as well as the County will re-introduce the City's issues relative to the County into the matter as well. The County's positions, as previously articulated, I see have been carried forward in your draft. Those positions were, of course,previously objected by the City of Oak Park Heights as being cont . to the t ity's interest and needs. Yo very trul Mark J. Vierling MJV/sdb cc: Eric Johnson, City Administrator • FEB - 8 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET•SUTTE#202•P.O. Box 438•STILLWATER,MN 55082 TELEPHONE: (651) 439-9464 • TELECOPIER: (651) 439-5641 DAVID T.MAGNUSON MARGARET M.MURPHY January 27, 2005 Mark Vierling Eckberg, Lammers, Briggs, Wolff&Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 Re: Agreement between City of Stillwater, City of Oak Park Heights and County of Washington Dear Mark: Enclosed, at long last, is a copy of the work, all of which is based upon your first draft. The document was modified to include Washington County as a party, even though, technically as a property owner, they are not entitled to be part of the Orderly Annexation Agreement, We look forward to working with you to finalize matters. Y urs very truly, Davi T. Magnuson Stillwater City Attorney DTM/jmo cc: Rich Hodgson Larry Hansen ric Johnson Jim Shug ■ LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F.Lammers Stillwater,Minnesota 55082 Lyle J.Eckberg Robert G.Briggs * (1916-2003) Mark J.Vierling•o (651) 439-2878 Paul A.Wolff Thomas J.Weidner•4 Susan D.Olson d FAX(651) 439-2923 (1944-1996) David K.Snyder Sean P.Stokes Direct Dial No: (651)351-2118 Baiers C Heeren •Qualified Neutral Arbitrator Laura L.Domagala *Certified Real Estate Specialist Joshua D.Christensen 4-Qualified Neutral Mediator December 14, 2004 Mayor David Beaudet Councilmember Les Abrahamson 6400 Lookout Trail North 13990— 56th Street North Oak Park Heights, Minnesota 55082 Oak Park Heights, Minnesota 55082 Councilmember Mark Swenson Councilmember Jack Doerr 14846 Upper 55th Street North 14520 Upper 56th Street Oak Park Heights, Minnesota 55082 Oak Park Heights, Minnesota 55082 Councilmember Mary McComber 5728 Penfield Avenue North Oak Park Heights, Minnesota 55082 Re: County Parking Lot Expansion Project/Annexation Detachment Request Dear Mayor and Council: On Wednesday of last week, Eric and I met with City Coordinator Larry Hanson and David Magnusson of the City of Stillwater to review the issues surrounding the County proposal for annexation and detachment. We had provided the City of Stillwater at that time a draft of an agreement that would provide for the cooperative annexation and detachment of lands of Washington County from Oak Park Heights to Stillwater and also provided a joint resolution that would support that with the Municipal Board. There are a number of issues surrounding this request of Washington County for which the City staff is attempting to position the City favorably to negotiate. Those issues include the following: 1. Preserving the City's rights in established public utility easement areas, particularly for the City's water, storm sewer and sanitary sewer lines and connections that are now in place within the Government Center campus. Mayor and Councilmembers December 14, 2004 Page 2 2. Providing for the opportunity for the City's residents on the east side of the Government Center campus to have timely and valued input into future development issues dealing with the campus and making sure that whatever has developed is set back at a reasonable distance from their properties so as to provide them with some mitigation of impact. 3. Preserve the City's position in negotiating future road improvement/replacement on Oxboro Avenue and Paris Avenue and portions of 62nd Street that belong to the City of Oak Park Heights. 4. To preserve and limit the opportunity for future annexations and detachments from the Government Center campus for at least the next 25 years. 5. Secure the City's position with regard to utilization of city utilities such as water, sanitary sewer and storm sewer so as to preserve the City's interest and capacity in development issues of its utilities. There are, of course, different facets or subsets of these overall principals that are also represented by the staff concerns. In terms of a tactical position,we originally addressed the issues with the County in an effort to reach what might be resolved as a global solution. It is our current position and recommendations to the City that we bifurcate this process. That is to say, deal separately with the City of Stillwater on annexation issues and deal separately with Washington County on land development and related issues. It is for that purpose that we have approached the City of Stillwater to suggest that an agreement be reached in the manner and form that is annexed to this letter. You will note that letter does not specifically address cost sharing issues with Oxboro Avenue and Paris Avenue as those are perceived to be primarily issues not between the Cities of Stillwater and Oak Park Heights,but rather between Oak Park Heights and Washington County. Similarly,there are land development principles set forth within the agreement between the Cities of Oak Park Heights and Stillwater preserving,buffering and mitigating for the City's residents along the western edge of the campus development, as well as principles securing the City's right to maintain its easements in place within the campus to serve water and sanitary sewer and storm sewer needs of the City now reflected by those lines and easements. Particular aspects of those issues,however, specifically those dealing with Washington County and the campus,I feel,will be best addressed in a separate agreement directed to the County after the City has concluded its agreement with the City of Stillwater on detachment and annexation. I suggest this for a couple of different reasons. Mayor and Councilmembers December 14, 2004 Page 3 1. Roads. Specifically with regard to cost sharing of road development, maintenance or replacement, the County's proposal is insufficient. Where the City would need to be relative to effectively having a position that would secure the City really has no involvement with the City of Stillwater,who does not have any desire to tale over or participate in the roads immediately surrounding the County campus. Moreover, the City is in some degree of influence over that issue,not only because we own the roads but because the City has no effective incentive to make improvements to them unless the County participates to a significant level that we feel is fair. Particularly, Oxboro Avenue is used almost exclusively by County campus generated traffic and the County has in effect recognized the reality of that circumstance by the fact that they now maintain that property for purposes of snow plowing, pothole filling and related purposes. The City itself is under no particular duty to make any improvements to that road but can leave the County in a position of doing their marginal maintenance until such time as their users complain to them to the point where they are willing to make a larger financial contribution. 2. Utility Moving. The County will not be in an effective position to require or change any effective easements now in the locations that they are at without the City's participation and approval. The current pipes that serve the facility and areas beyond it now go through the County campus area and will have to remain in place in order for them to maintain their own services for their own buildings and as much as they would like to move them, they are not going to be in a position to force the City to relocate them into an area that we do not wish to accept. 3. Protection of the City's Residents. Staff feels that adequate safeguards to at least give the residents the critical items that they requested, i.e. reasonable advance notice before the County would make any improvements and the proximity to their home are built into the agreement that we have with the City of Stillwater. Once that agreement is in place, Stillwater land use regulations, as well as this agreement, will effectively require the County to implement those before any improvements go forward. The item on the agenda for the evening of December 14 is there to let the Council know that we are proceeding in this fashion. If there is a Council belief that the staff's view towards having this matter bifurcated separating the County from the City of Stillwater is in error, it would be best to communicate to the staff that position from the Council on the 14`". Otherwise,we will continue along the lines that we have mapped out to secure the City's negotiating position on these various issues by dealing with Stillwater and the County in a separate fashion. I would note that there are some items that the Councilpersons had expressed some interest in that we do feel that are either supported or accepted by either the City of Stillwater or Washington County. The concept of a reverter of excess lands from the City of Stillwater in the County Government Center campus to the extent that they would not be used in the future is not Mayor and Councilmembers December 14, 2004 Page 4 supported either by the City of Stillwater or Washington County. We do not see any realistic probability of being able to negotiate and ask for that within the context of agreements that we would have in place with regard to either entity. Naturally,we welcome the Council's comments and suggestions, either through the format of the Council meeting or by direct communication bac a om 'ndividual Councilmembers. Yours v-. truly, Mar J. Vierling MJV/sdb Enclosure cc: Eric Johnson, City Administrator rr County parking lot Page 1 of 2 Eric A. Johnson From: Mark Vierling[mvierling@eckberglammers.com] Sent: Tuesday, December 07, 2004 4:54 PM To: Eric A. Johnson Subject: County parking lot Eric, FYI just a short bullet list of the Mayors concerns DB Issues: Borders Oxboro repair Paris st. repairs and upgrades if it goes to thru street status Reverter to OPH Water Main Pipes Sewer Pipes not in TH ROW/parallel to Frontage Roads Replacement easements not in ROW Ring road set back 30 feet from County Land Boundary Landscape Buffer to Paris 3 homes left in sight opportunity to be bought out but not condemned No further annexations Mark J. Vierling Eckberg Law Firm 1835 Northwestern Avenue Stillwater,Minnesota 55082 Telephone: (651)439-2878 Direct Dial No: (651) 351-2118 mvierling @eckbelammers.com ***Internet E-Mail Confidentiality Statement*** Information contained in this e-mail transmission is intended only for the use of the addressee(s) named above and is privileged and confidential. If you are not the addressee,or the person responsible for delivering it to the addressee,you are hereby notified that any reading or dissemination, distribution or copying of this communication or any of its contents is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and immediately delete the original message and any copy of it. Thank you. • IF THIS E-MAIL MESSAGE CONTAINS ATTACHED FILES AND DOCUMENTS,PLEASE NOTE THE FOLLOWING INFORMATION: Unless otherwise noted,this information is in a Microsoft Word format. These files and documents are legal documents that have been prepared by ECKBERG, LAMMERS, BRIGGS, WOLFF &VIERLING as drafts or final executable versions of the documents. These files and documents should only be printed for further review or execution as instructed. Any alteration, modification, addition, deletion or other changes to these documents may result in changes to the legal effect of these documents and the rights and remedies of parties involved. ACCORDINGLY, YOU ARE ADVISED NOT TO 12/8/2004 i Memo Bonestroo 0 Rosene VI Anderlik& Associates Engineers&Architects Project Name: Washington County Government Client: Oak Park Heights Center - Proposed Expansion File No:55-04-000 To: Eric Johnson From: Dennis Postler Date: 11/30/04 Re: Issues Analysis As requested by City Council, we have reviewed the proposed Washington County Government Center proposed campus expansion for engineering-related issues. Ultimate proposed expansion includes additional courts and an expanded law enforcement center, additional parking lots on the south side of the site, and a possible (future) "ring road" along the southeast and eastern edge of the site. Yesterday we also received a copy of a Draft Technical Memorandum prepared by SRF Consulting Group, Inc. for the Washington County Department of Transportation & Physical Development addressing Traffic Impact Analysis issues. The following comments address proposed street and utility improvements noted in the County's draft Agreement with Oak Park Heights for Detachment of Properties Owned by Washington County submitted with their 11/5/04 detachment application, and the findings in the draft traffic impact analysis, including the proposed ring road concept, Street Improvements: • The County proposes to reconstruct Oxboro Avenue North from the Highway 36 frontage road to 62nd Street North and pay for the engineering and 75% of the construction costs. This portion of Oxboro Avenue N. lies completely within the City of OPH jurisdiction. The County proposes to remove the existing 41/2" of bituminous and replace it in kind. We agree with this proposed scope of work, and recommend that any existing curb & gutter that is damaged also be replaced with these improvements. The City needs to decide whether the County's offer of design and 75% construction is sufficient (based upon the majority of traffic utilizing this roadway for access to the Government Center). The City will also be expending resources to inspect the improvements. • The County also proposes to assume responsibility for snow plowing and make a one-time payment of $20,000 to the City for future maintenance costs. Through discussions with Washington County, the $20,000 figure anticipates covering costs for the next 10 years of maintenance. After this time, the City would again assume 100% responsibility for the street's maintenance and consider assessments for future street improvements/maintenance. Water Main: • The permanent conditions plan for the Government Center proposes to relocate the City's water main approximately 15' south of its current location. From conversations with SRF Consulting Group, Inc., it appears the primary reason for doing this is to relocate the water main outside of the proposed parking/drive lane improvements in the boulevard area to avoid disturbing the parking improvements if the water main ever needed repair. However, the proposed location is only 5' outside the proposed curb and only 5' from the proposed MnDOT right-of-way. If the water main was ever in need of repair, being only 5' away from these elements would still require disturbing the parking improvements and Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36+ St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 Bonestroo Memo • v Rosene Anderlik& VII Associates Engineers&Architects also require a permit from MnDOT for working within their right-of-way. Also, we have heard a verbal estimate of this water main relocation of $53,000. It is our opinion that it is in the City's best interest to leave this water main in its current location and maintain an easement for it from the County and an agreement that they are responsible for all finish site restoration work should the water main ever need service or replacement, including necessary asphalt, concrete, curb and gutter or landscaping. Additionally, the County would save the cost of relocation at this time. Sanitary Sewer: • No sanitary sewer is proposed to be relocated as a result of these improvements (other than possible manhole adjustments). We recommend the City televise those lines under Oxboro Avenue N. and under Panama Avenue N. where proposed County improvements will be located to verify existing pipe conditions. If any portions are in need of repair, coordinating the work while the streets and/or parking lots are being (re)constructed with the County's improvements would be cost efficient for the City. Storm Sewer: • Existing storm sewer under Oxboro Avenue from the frontage road to the alley is owned and maintained by the City. This storm sewer should also be inspected and any necessary repairs be incorporated with this project. (Existing storm sewer under Oxboro Avenue from the alley to 62nd Street N. is owned and maintained by the County.) • Storm water runoff from the proposed parking lot improvements will be taken to the east to an existing small storm water ponding area (just west of Paris Avenue N.). This ponding area has an existing storm sewer outlet under Highway 36 ultimately to Perro Pond. The pond is conceptually proposed to be enlarged to account for the additional storm water runoff generated by these improvements. Storm water runoff calculations are required for review, as is review by the Middle St. Croix Water Management Organization. Traffic Impacts: • We concur with the draft traffic impacts analysis report regarding proposed improvements on Osgood Avenue and future traffic control (signals or 4-way stops) at several intersections, including the following: • Osgood Avenue and 62nd Street N. • Osgood Avenue and 65th Street N. (Orleans St.) • 65th Street N. (Orleans St.) and S. 3rd St. (Osman Avenue N.?) • 62nd Street N. and Oxboro Avenue N. We do recommend that any/all traffic control improvements installed be at the expense of the County, regardless of which quadrants of a given intersection are in which City. • We also concur with the report regarding the Ring Road not providing significant benefit in the near future, and therefore, not being recommended at this time. If it is warranted in the future, further analysis of the geometrics of this connection is needed. • The report does not address the following issues that should be analyzed further in varying degrees: • Lane needs on 62nd Street N. at Osgood and at Oxboro Avenue N. (i.e., recommended turn lanes, etc.) • Future (2010 or 2025) service levels or queuing (storage length needs). It is mentioned in the front of the report, but a LOS analysis is needed to determine lane needs, etc. Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36 + St. Paul, MN 55113+ Phone: 651-636-4600+ Fax: 651-636-1311 Bonestroo Memo 0 Ander lik& wig Associates Engineers 5 Architects • Future Highway 36 and frontage road improvements, specifically how the west leg of the Osgood & 62nd Street N. intersection could become the improved frontage road alignment and the effects of the Beach Road on/off ramp closures to Highway 36. • Frontage road connection through Walgreen's parking lot traffic counts and need for this connection in the future. • Existing and proposed on-street parking scenarios, specifically on Oxboro Avenue N. and on 62nd Street N. • Existing and proposed sidewalk and/or bicycle trail needs. K:\55\55GEN\Word\Work In Progress\Wash.Co.Govt Ctr.Expansion-issues memo_11-30-04.doc Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 CONSULTING GROUP I NC Transportation•Civil•Structural•• •Environmental. ••Planning ••Traffic•Landscape Architecture•• •:Parking•Right of Way SRF No.0045099 DRAFT TECHNICAL MEMORANDUM TO: Wayne Sandberg,P.E.,County Traffic/Transportation Engineer Joe Lux,Senior Transportation Planner WASHINGTON COUNTY, DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT FROM: David K.Montebello,P.E.,Principal Jeff Bednar, Senior Traffic Engineering Specialist DATE: November 28,2004 SUBJECT: TRAFFIC IMPACT ANALYSIS FOR A WASHINGTON COUNTY GOVERNMENT CENTER(WCGC)EXPANSION IN STILLWATER,MINNESOTA INTRODUCTION As you requested, we have completed a traffic impact analysis for the subject Washington County Government Center Expansion (see attached WCGC Site Master Plan). Based on this traffic impact analysis the following summary of findings, conclusions and recommendations is offered for your consideration. Washington County is proposing the construction of a multi-phase Government Center Expansion project on the existing site. This expansion will include an addition to the courts building and law enforcement center(LEC) as well as additional parking throughout the campus. As part of this traffic impact analysis a concept to develop a site access ring road will be evaluated. It is the intent of this traffic impact analysis to address the following issues: • Washington County Government Center Site Access Ring Road Concept. • Site expansion specific trip generation estimates to include adjustments for on-site multi- purpose/multi-use trips, pass-by trips and diverted link trips. These trip generation estimates will be developed for the weekday morning and afternoon peak hours. A combination of ITE trip generation data, parking supply and demand and a County Departmental/Functional survey of the existing and future services to be provided at the Washington County Government Center will be used to develop these trip generation estimates. One Carlson Parkway North, Suite 150,Minneapolis,MN 55447-4443 Telephone(763)475-0010 •Fax(763)475-2429 •http://www.srfconsulting.com An Equal Opportunity Employer 4 WASITINGTON C,OUN 'f Y . J COURTS EXPANSION ) 1 I I CD El DL-I ED ID j.. t. \,1 ‘\ . J i . J 1 runs, — - --, .t.t 1....ii.....b...1 .i:...7. e- LOT'F' 11 = rftwou.s 1. i 0 P TA00 02. T.1 '1,01' 00 STALLS ,,,,...,...,..... rf-Tr--Tr,.: mgefes,,,avolow L... nioniliiii.pic • ..t., 4 . i' ' Tar _ ,,, 1 , •,,• .,... _.-.. . , COIMMOOOE ipaiitie, /' -,-1 , „... 1 3 /1,, .., ,, .. _sensia.„. /7, "11 .,./'% Idailist INhlik___ ,si ' 8 4 // . ..,, I) LOT'A' /,/ i. 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Background traffic will be considered for scenarios With and Without a New St. Croix River Crossing. • Identify the traffic impacts at the study area key intersections to include roadway/intersection geometrics and traffic control plus a queuing spillback specific analysis (turn lane lengths) for each traffic forecast/analysis horizon and Build and No Build Expansion scenarios. • The primary study area is bounded by; Orleans Street on the north, Beach Road/4th Avenue on the east,Highway 36 on the south and Osgood Avenue on the west. • 62nd Street between Osgood Avenue and Beach Road/4th Avenue will be a primary focus in the supporting site roadway system. SUMMARY OF FINDINGS AND CONCLUSIONS EXISTING CONDITIONS 1. Existing traffic volume levels in the study area can be characterized as "moderate to heavy" resulting in generally acceptable traffic operations conditions (Levels of Service - LOS C or better) at the study area key intersections (see attached traffic volume maps for the morning and afternoon peak hours plus the existing Average Daily Traffic (ADT) volumes—Figures 1, 2 and 3). The exception to this finding is at the existing side street stop controlled intersection of CSAH 24 (Osgood Avenue) and 62nd Street where the westbound left-turn currently operates at LOS F during the afternoon peak periods. FORECAST CONDITIONS Background Traffic(No Build WCGC Expansion) 1. Background traffic estimates (traffic forecasts for the study area without new traffic generated by the WCGC Expansion) were developed for Year 2010 plus long-range Year 2025 traffic forecast/analysis horizons (see Figures 4 and 5). These background traffic estimates were developed based on the traffic forecasts used in the recent St. Croix River Crossing S.D.E.I.S. traffic operations analysis. Background traffic was developed only for a scenario with a New St. Croix River Crossing since a tentative and general agreement to go forward with a new St. Croix River Crossing has been reached by the appropriate agencies. 2. Year 2010 Background Traffic operations conditions at the existing side street stop controlled intersection of CSAH 24 (Osgood Avenue) and 62nd Street and specifically the westbound left-turn (currently LOS F) will further degrade during the afternoon peak periods. Future traffic control improvements (All-Way Stop or Traffic Signal control) will be needed at this intersection to improve traffic operations to acceptable levels even without the additional WCGC Expansion generated traffic. 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".'•••:-.',:::::•:;. :;;;• Eill off +J7 :. .: .. .. a.Y O° Wayne Sandberg -3 - November 28,2004 Joe Lux 3. Year 2010 background traffic volumes on CSAH 24 (Osgood Avenue)between Highway 36 and 62nd Street (2010 background ADT volume projected at nearly 18.000 — see Figure 4) will reach levels that will justify consideration of a multi-lane facility (state aid rules require consideration of a four-lane facility when projected ADT volumes are greater than 15,000). 4. Year 2025 background traffic volumes on CSAH 24 (Osgood Avenue) between 62nd Street and Orleans Street(2025 background ADT volume projected at over 23.000— see Figure 5) will reach levels that will justify consideration of a multi-lane facility (state aid rules require consideration of a four-lane facility when projected ADT volumes are greater than 15,000). Washington County Government Center Expansion Generated Traffic(Build Scenario) 1. An estimate of the proposed WCGC expansion generated traffic (see attached Trip Generation Table)was completed based on the assumed concept plan. These trip generation estimates were based on a combination of the existing parking space supply and demand and the appropriate trip generation rates (from the Institute of Transportation Engineers (ITE), 2003 "Trip Generation"report, 7th Edition) applied to the proposed new building space plus a County Departmental/Functional survey of the existing and future services to be provided. 2. The number of parking spaces proposed will increase on-site parking from the existing 895 parking spaces to a future 1,833 parking spaces, approximately doubling the on-site parking supply. And as can be seen in the attached Trip Generation Table, the site-generated trips will closely follow this doubling trend. 3. The directional trip distribution for employee and visitor trips (see Figures 6 and 7)between the WCGC and the external roadway system was estimated based on an analysis of the geographic distribution of WCGC employees (see attached employee distribution map) and a selected zone analysis of the Washington County traffic assignment zones (TAZ) in the Regional Travel Forecasting Model(see attached TAZ map). The visitor trip distribution was adjusted for the locations of other competing Washington Court and County Service Centers. 4. The directional trip distribution for employee trips to and from the Wisconsin area was further reviewed due to the higher rate of future growth projected for households in Wisconsin compared to the rate of projected household growth in Minnesota. This review indicated that an increase from the previously assumed 15% proposed for employee trips to and from Wisconsin to 20% (see Figure 6)is reasonable and was used in this analysis. 5. An assignment of the morning and afternoon peak hour as well as the daily WCGC expansion-generated trips to the existing and future roadway system (see Figure 8) was completed using a small area traffic assignment model for each of the study area key intersections and roadways, for each WCGC Ring Road alternative scenario. 6. Note that the proposed WCGC Ring Road connection serves primarily the east side of the WCGC campus (see Figure 8). Therefore, this WCGC Ring Road connection primarily provides for WCGC expansion-generated trips to and from the northeast and southeast. Because the number of WCGC expansion-generated trips to and from the northeast and southeast is relatively modest (see Figures 6 and 7), the WCGC Ring Road connection related volumes are likewise relatively modest. a U O Q0Q c W a U cro 0 0 U QO _C W I- 0 J >, 0 ,_ O J CO n yY c U G Ce 7 = N 0 a' 7 .1" N co i5 5 d y c 0�. 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COON '•.i.tt > . - .^l 0 11th Z t , r=te Q d a �rrr.+y 1 il::::...::••11,.: A!::::;.::::g!:.i.... • ® •q-�r . r 007 O_T TT11111 N -' '!7s � . ti z La F. 01 O I... rli� �— 0• m i,,, Q r . ` O r, '.. d V-a.. .. • «.,:C . - .,:::R1 V co 0 ::..,:.:.f>31,5.. • •:.::.::::. ..:.5.•ti,•• .:::::.::.::'..:J.:: i::::.::::':'•.'..:.:.:G6.5117:;.77:77:-'f.---:...- :::.::::::::'.:.•-:.::::.::::•::::.,::::. i.:•:•..• •:.:.:::::!...., -. :...' .'.•::. !...L::L.6:...:.!..,:!••„• ::'1.. p 7 � .F- a u. x:c W, . •^ � ...• .;... . .�.... � •.•• •• .:.:;fir'-+ O•:.. X.X.. �.•. .�■k. - :.,.': .::::'...:\�'�: N (7:y __.--'X o as _ � � c 00 . Q Wayne Sandberg -4- November 28,2004 Joe Lux 7. Although the projected traffic volumes on Paris Avenue and Upper 61St Street more than double with the WCGC Ring Road connection,these forecast traffic volumes remain within a range considered reasonable for local streets (less than 1,000 ADT volume). Without the Ring Road connection the volumes on these roadways remain generally unchanged. 8. The WCGC expansion-generated trips were combined with the 2010 and 2025 background traffic forecasts to provide the 2010 and 2025 Build WCGC Expansion traffic forecasts (see Figures 9 and 10). The WCGC expansion-generated trips when combined with the background traffic forecasts result in no significant adverse study area traffic impacts. SUMMARY OF RECOMMENDATIONS 1. The WCGC Ring Road connection does not appear to provide significant benefit within the near future. Therefore, the WCGC Ring Road connection is not recommended at this time. However, the County should reserve the capability to make this connection should future conditions change that would result in more significant benefit and justification. Such future conditions would include scenarios without a new St. Croix River Crossing or a Highway 36 commercial segment alternative (such as the Cut and Cover alternative) that would refocus access to the WCGC campus away from CSAH 24(Osgood Avenue)at 62' Street. 2. The County should consider future traffic control improvements (All-Way Stop or Traffic Signal control) at the intersections of CSAH 24 (Osgood Avenue) and 62 Street, CSAH 24 (Osgood Avenue) and Orleans Street as well as at Orleans Street and South 31'd Street, in order to improve traffic operations to acceptable levels before Year 2010. These traffic control improvements will be needed with or without the WCGC Expansion. 3. The County should consider future roadway improvements on CSAH 24 (Osgood Avenue) between Highway 36 and 62' Street to provide a multi-lane facility before Year 2010. This roadway improvement will be needed with or without the WCGC Expansion. 4. The County should consider future roadway improvements on CSAH 24 (Osgood Avenue) between 62nd Street and Orleans Street to provide a multi-lane facility before Year 2025. This roadway improvement will be needed with or without the WCGC Expansion. 5. The County should consider future traffic control improvements (All-Way Stop or Traffic Signal control) at the intersection of 62°d Street and Oxboro Avenue before Year 2010. This traffic control improvement will be needed only with the WCGC Expansion. 6. The County should continue to monitor traffic conditions on Paris Avenue, Upper 61"Street, the connection between Osgood Avenue and the Highway 36 north frontage road (through the Walgreen's parking lot) and the private alley between Osgood Avenue and Oxboro Avenue south of 62 Street. It is recommended that should future traffic operations problems become apparent on any of these facilities, the county and cities consider appropriate mitigative actions(traffic calming or neighborhood traffic control measures). CUB\5099\memos\11-28-04.doc Y.. -_ y ■ L ti m.a� to es P CJ m _. }�f ,r J -A‘Ni. . './C;?°1- ' . '7.'"- o - `^ ,,, ,'', fib: W ' ti t ■ R I 5 Ig p'1E2\7 to*: ~4 z■ _ f t5� �„ . . , ' ,.. • Cr • 1/ _. 4 O M -M � U r_ O " � C„1 . Lcr___I--• , I w V) , C o , p c N j a o'Y v �' I b O, � c O i O - ' ' - v-, ki t - - ... n..•l .. LU 33 Dc.-1-4.. IM . .....__ W W C Y • 11\,‘\<N _7 1 • r r O Z"' i-z O j N Q N � � 7 .. U 2F1. r' �}J" ,_ l �F N ri,Y V I cci,' C r J (, O C 0 s � ;o a m t� ra /yc� o oU °m.v Uv Z :m 3 O a �UdT .W E— n n v o o City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007•Oak Park Heights,MN 55082•(651)439-4439•Fax 439-0574 November 18,2004 Mr. Don Wisniewski Washington County Department of Transportation and Physical Development 11660 Myeron Road North Stillwater,MN 55082-9573 RE: County Submission of November 5th, 2005 Dear Mr. Wisniewski, The City is in receipt of your application for Detachment/Annexation. You had personally delivered such documents to the City on November 5th, 2004. City Staff is currently reviewing such items. Jim Schug, Washington County Administrator did appear at the November 9th City Council meeting where the he and the City Council engaged in a discussion regarding the request for detachment of certain parcels and the terms and conditions under which the City would consider such detachment from an orderly detachment/annexation viewpoint. It was understood that this dialogue would continue. The City Council did take the following actions relative to your submission: 1. The City did agree to waive the "Application Fee"of$3,000 but the County will be required to reimburse the City for actual out-of-pocket expenses related to the City's analysis of your request. The City will have significant expenditures of engineering time to review actual design drawings of utilities to be moved and street reconstructions as well as inspection fees. These would be costs ultimately borne by the County. However, these costs certainly can be mitigated by the sharing of engineering data assembled by the county with the city engineering consultant. 2. The City Council did agree to hold a public hearing on the request at its Nov 30th, 2004 meeting. This was in lieu of the Planning Commission holding a public hearing. At such meeting the County will present its generalized "campus" plan to the Council and discuss the relevant issues of traffic patterns including the "ring- road",utilities,road expansions,etc. The City has posted such meeting and placed the proper advertisements. The County is to be dropping off(by 11/18/04) mailing labels for properties within 500 feet of the County facilities so public hearing notices can be mailed out. 3. City staff was to receive from the County and review the pertinent traffic and utility/street engineering issues related to the request. The City will also investigate some history of why the adjacent roadways remain totally in Oak Park Heights. One last item,the City is bound to very specific timing requirements when it comes to dealing with written requests for zoning actions,which may include detachment/ annexations. Accordingly,this letter does convey to you that the City hereby extend the time necessary to consider the application by an additional 60 days due to the long range surd--intercor ty-planning-aspeetsof-the-propo alTinfrastrueture-anulysis-r-equired, real estate title reviews and neighborhood comments that need to be received. Please let me know if you have any questions,otherwise I look forward to seeing you on November 30th. est R`.. ds, nc oil ,, 1 City A. 1 stator Cc: City Council Members Mark Vierling, City Attorney Mr. Jim Schug, County Administrator Planning File 0 Oak Park Heights Request for Council Action Meeting Date November 9th, 2004 Agenda Item Title Washington County Annexation/Detachment Time Required: 10 minutes Agenda Placement: Old Busin- Originating Department/Re' io ric Jo• - on, City Administrator Requester's Signature Action Requested: Discussion an. 'ossible Action Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Please see attached memo and materials. " �°� 2ta� Geeit■IdttektV (----- c /M14 Ik.- tity ti°II° 10414 SihizA- --_ 7, lieu D2 T" /4-tr{e 41 . --5 C dk °-e 517 fnc/G c 9/21 T ✓tepivv' The Contested Case proceedings will protract the decision process for Washington County and may complicate their timetables for a spring construction and will cost Stillwater-ultimately Washington County-legal and staff expenses. But such contested case will also cost Oak Park Heights dollars in attorney's fees and staff time as well.Neither party will be assured of a particular outcome. Lastly,these contested case proceedings do not however relate to the City's ownership of the alleyway. It is important to keep in mind that Washington County may have some recourse to adversely secure that property from the City, such as in a condemnation action. Council may also wish to consider this discussion be brought to the Planning Commission for some feedback. The County has submitted most of the required materials in a timely fashion for the Dec 9th meeting and could be back to the Council on December 14th. ATTACHMENTS: 1) November 5th letter from Don Wisniewski 2) Draft Agreement 3) City's October 4th Letter to Don Wisniewski 4) Washington County formal Development Application 5) Oak Park Heights Resolution for Detachment&Legal Descriptions(Unreviewed) 6) Stillwater Resolution for Detachment& Legal Descriptions 7) Reconveyance PT Form 975 - For Alleyway 8) Washington County Petition to State of Minnesota 9) City document passed out at 9/28/04 worksession 10) Submitted Map from Washington County depicting the properties to be detached. 11) City GIS Maps -reference only. Department of Transportation • and Physical Development Donald C.Wisniewski,P.E. Director C Donald J.Theisen,P.E. County Engineer/Deputy Director November 5, 2004 Mr. Eric Johnson, City Administrator Oak Park Heights P 0 Box 2007 Oak Park Heights, MN 55082 DETACHMENT APPLICATION Dear Mr. Johnson: Enclosed herewith please find: 1) A completed application with maps and parcel descriptions 2) A draft copy of the Oak Park Heights resolution accepting detachment to be executed if the City approves the application 3) A draft copy of the Washington County resolution requesting detachment of properties from Oak Park Heights and annexation of the same properties to Stillwater (Formal action on this resolution will occur as soon as possible after the City decision regarding this application.) 4) A draft copy of the Stillwater resolution for acceptance of the subject parcels through annexation (Formal action on this resolution will occur as soon as possible after the City decision regarding this application.) 5) A reconveyance resolution document (PT Form 975)for transfer of the formerly "tax- forfeited" alley to the State of Minnesota The narrative of the detachment application request is as follows: The existing Washington County government center, law enforcement center, parking ramp, and other surface parking areas are located in the City of Stillwater. Land parcels s Avenue to the government center campus in a two block area between Oxboro Avenue, 62nd Street, and State Highway 36 have been purchased over the last several years. These parcels are located in the City of Oak Park Heights. Development of the government center campus plan has been according to a planned unit development (PUD) approved by the City of Stillwater. Inclusion of the various land parcels currently located in the City of Oak Park Heights into the Stillwater PUD will aid in the campus planning for future courts and law enforcement center improvements and associated parking accommodations. We have now completed demolition and removal of the residential homes served by the alley. Through this application process, gshg the for public pack ngback to the be used b State of Minnesota so that it can by Wa 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action Page two Letter to Eric Johnson — Detachment Application November 5, 2004 A formal letter requesting approval of the detachment/annexation proposal was sent to the City on April 12, 2004. Since that time, there have been meetings and discussions between City Council members, County Commissioners, city staff and county staff. Proposals have been discussed relating to an agreement between the city and the county to allow execution of the detachment of the land parcels from Oak Park Heights and transfer of the alley back to the State of Minnesota under specified conditions. Terms of this agreement are open for further discussion. However, the County is requesting an affirmative communication that the City does intend to transfer the alley back to the State of Minnesota and will approve the detachment application. We are respectfully requesting that the $3,000 application fee for this detachment request be waived. All of the attached documents have been prepared by the County Surveyor and reviewed by the County Attorney's office. We will provide any additional exhibits, descriptions, or documents in order to implement the detachment and alley transfer. Plans to improve and expand the parking area adjacent to the existing southwest lot are being developed. The County does want to make the parking improvements in the next construction season, beginning in late April 2005. Therefore, we are requesting that the City respond to this application by December 15, 2004. I appreciate the time and attention you have given this letter. I shall look forward to your response to the application. Sincerely, Donald C. Wisniewski, P.E. Director of Transportation & Physical Development Enclosures DCW:cr M.USERS\PW\CMREYNO\WORD\DCW\Johnson Detachment Application Letter.doc 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action , 4 DRAFT Agreement with Oak Park Heights for Detachment of Properties owned by Washington County Washington County Detachment of Properties Agreement With City of Oak Park Heights THIS AGREEMENT is by and between the City of Oak Park Heights, a municipal corporation, hereinafter referred to as the "City" and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County." WHEREAS, the County owns properties adjacent to the Washington County Government Center that are located in the City; and WHEREAS, the County is planning improvements to the Government Center campus, including providing additional parking and enhanced internal traffic circulation around the campus site, and WHEREAS, the County desires to include all of its properties within the existing planned unit development presently filed with City of Stillwater; and WHEREAS, the City and County have reached agreement regarding which real property may be detached from the City and annexed into the City of Stillwater; and WHEREAS, the County agrees that it will be responsible for certain costs relating to street improvements and utility relocation either on or adjacent to the Government Center campus. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: vJN 1. Washington County shall pay for 75 percent of the design and reconditioning of,s the pavement, according to standards set by the City Engineer, of Oxboro Avenue from 62"d rct Street to the Highway 36 frontage road by December 31, 2006. 2. Washington County shall assume the responsibility for snowplowing for this portion of Oxboro Avenue and make a one-time payment of$20,000 to the City to defray other further and future maintenance costs on this roadway segment. 3. Washington County will accept full jurisdictional responsibility and bear full cost of any needed reconstruction and maintenance of the Highway 36 frontage road located just south of the County Government Center from Oxboro Avenue to Panama Avenue. 1 4. Washington County shall grant the necessary and reasonable easements as required by the City Engineer for City utilities that may be relocated on County property as z result of planned parking lot expansion and vacation of MN/DOT right of way for Highway 36. 5. The County will pay for utility line relocation and once installed, the County will pay for all finish site restoration work should such utility lines need service or replacement, including necessary asphalt, concrete, curb and gutter, or landscaping. If any Highway 36 improvements require the easements to be eliminated, the County shall provide necessary easements to the City across other County property at no charge to the City. • 6. In the northeast Government Center campus area in the vicinity-6f Paris Avenue and 62nd Street, the City will only consider these options if the County owns all properties south of 62nd Street between Panama Avenue and Paris Avenue and west of Paris Avenue from 62nd Street to Highway 36. A. ,fetback for all future structures and equipment shall be not less than I' .,40.f9bt from the property lines abutting Paris Avenue and 62nd Street. B. All structures shall comply with the City's lighting standards. C. Washington County may widen 62nd Street between Panama Avenue and Paris Avenue at its expense. 62nd Street may not be enlarged or widened northwardly. All expansion of roadway width shall be to the south. Washington County shall design and reconstruct this portion of 62nd Street including curbing and appropriate storm water infrastructure, according to standards reasonably set forth by the City Engineer. D. Paris Avenue will not be widened or enlarged south of 62nd Street and there shall be no ingress to the County facilities from Paris Avenue. The currently unpaved roadway shall be paved and curbed and shall only be utilized as an emergency exit. If Washington County installs a full ingress and egress from Paris Avenue, the County shall provide the funding for the design and reconditioning, according to standards of the City Engineer, of Paris Avenue from 62nd Street to the point of ingress and egress including the installation/replacement of curbing and appropriate storm water infrastructure. 7. The City shall by resolution promptly transfer the alleyway legally described as: "in-fee" to the State of Minnesota to return to "tax-forfeited" status. Washington County shall request this property be transferred to the County from the State to be used for parking purposes. 8. The City shall vacate the existing alley easement legally described as: • 2 9. The City shall by resolution allow for, authorize and support the detachment of all the County owned properties, including the alley, to allow annexation of these properties into the City of Stillwater. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS R.H. Stafford Date David Beaudet Date Chair, County Board Mayor James R. Schug Date Eric Johnson Date County Administrator City Administrator Approved as to form: County Attorney Date 3 p fz- City of Oak Park Heights 14168 Oak Park Blvd N..Box 2007•Oak Park Heights,MN 55082•(651)439-4439•Fax 439-0574 October 4`h, 2004 Mr. Don Wisniewski Washington County Physical Development PO Box 6 Stillwater,MN 55082 RE: Detachment Don, As we discussed,the City Council held a worksession this past Tuesday where the lone topic was detachment/annexation of the two areas and the various list of potential accommodations both entities would be willing to consider further. While I cannot provide any commitments for the City at this time,there did not appear to be an unwillingness to discuss the matter further. There remains concern on the issue of reattachment of such parcels. At the end of the session,the Council reached consensus, for the placement on the 9/28/04 Council Agenda the position that Washington County must first make a FORMAL application to the City, including the submission of the $3,000 application fee prior to the City giving the matter of an orderly detachment/reattachment further and formal consideration. Such item was amended to that evening's agenda and was unanimously passed. Therefore,the following items are required for further consideration. 1) Completed Application- (enclosed) and submission of maps showing parcels to be detached and their legal descriptions, 2) Submission of application fee of$3,000, 3) Narrative of Request, 4) Copy of the executed authorizing resolution(accepting the parcels) from the City of Stillwater This list is only to initiate a further review of the matter by the Council. Ultimately there may need to be additional data and documentation necessary to craft an appropriate agreement between the cities and the County. The City will accommodate a meeting with our City Engineer to discuss the parameters of the road "reconstruction" elements in order CITY OF OAK PARK HEIGHTS *DEVELOPMENT APPLICATION 14168 Oak Park Boulevard Pe4 -V P.O. Box 2007 ' Base Fee: � 3f a�aD �&,� Oak Park Heights, MN 55082 Escrow Amount: o (651) 439-4439 Fax: (651) 439-0574 Street Location of Property Adjacent to 14949 62nd St. N. , P 0 Box 6, Stillwater, MN 55082-0006 Description of Property Y (See attached) Owner: Name Washington County Address: 14949 62nd St N, P 0 Box 6 City: Stillwater State: MN Zip: 55082 Telephone: (Home) (Business) 651-430-6000 (Fax) (Other) Applicant: Name Washington County c/o Donald Wisniewski Address: 11660 Myeron Road North City: Stillwater State: MN Zip: 55082 Telephone: (Home) (Business) 651-430-4300 (Fax) 651-430-4350 (Other) Type of Request(s) Zoning District Amendment Home Occupation Conditional Use Permit Site Plan Review Variance: Single Family Residential PUD: Amendment Variance: Other Residential/Commercial/Industrial PUD: Concept Plan Subdivision PUD: General Plan Subdivision: Minor Street Vacation Comprehensive Plan Amendment X City Financial Assistance - Eg ' Description of Request(s): ,.hacilmolt Detachment of properties as described in attached documents. If a request for planning/zoning action on the subject site or any part thereof has been previously approved, please describe it below: • Owner/Applicant Initials • y Development Application, Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved, all required information and fees, including any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30) days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31'of each year. Property Address 14949 62nd Street North, P 0 Box 6, Stillwater, MN 55082-0006 ` L WASINIt4GTot1 C.Oviu Date: 1 04 Ow ner Signature S/ S� 9 SALAi Date: 11 S O Applicant Signature 1 . , CITY OF OAK PARK HEIGHTS RESOLUTION NO. RESOLUTION OF THE CITY OF OAK PARK HEIGHTS FOR CONCURRENT DETACHMENT/ATTACHMENTOF CERTAIN LAND PURSUANT TO M.S. 414.061 WHEREAS, the City of Oak Park Heights hereby requests by 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. WHEREAS, the property is situated within the City of Oak Park Height, 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; 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 WHEREAS, there are no buildings on said properties WHEREAS, The subject property is owned in fee by Washington County and as such, is exempt from the payment of real property taxes WHEREAS, proposed public improvements on said properties will be a parking lot to support Washington County Government Center services and staging areas for expansion of the campus NOW, THEREFOR, 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. Minnesota on: City of Oak Park Heights Washington County Adopted this day of , 20_ Mayor City Administrator ATTACHMENT A L�CEC� L� DCSC� IG° TE1©�1S • PARCELS IN SECTION 33, T.30N. R.20W. 33-030-20-44-0012 (ALLEY) Doc. No. 497206 City of Oak Park Heights Part of Lots 16 through 30, inclusive, Block 5, McMillan and Cooley's Addition to Stillwater MN being the south 30 feet of the north 50 feet of said lots. 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. DESCRIPTION FOR MNDOT EASEMENT PARCEL All that part of Block 8, McMillan and Cooley's Addition to Stillwater MN lying north of the following described "Line X" and south of the north line of said Block 8. Line "X" being described as follows: Beginning at right of way monument 131 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82 —86; 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 X" there terminating. • 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. DESCRIPTION FOR PANAMA AVENUE NORTH All that part of Panama Avenue North (platted as Hazel Street) lying north of the following described "Line X" and south the north line of the south 30 feet of the north 50 feet of Lots 16 through 30 inclusive, Block 5. McMillan and Cooley's Addition to Stillwater MN extended easterly to the east right of way of said Panama Avenue North. Line "X" being described as follows: Beginning at right of way monument B1 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82—86; thence westerly parallel with the north line of Block 8, McMillan and Cooley's Addition to Stillwater MN to the west line of said Block 8 and said"Line X"there terminating. 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. r J ' Together with the following described parcels. 33-030-20-44-0014 Doc. No. 3413048 Washington County All that part of Lots Sixteen (16), Seventeen (17) and Eighteen (18), Block Five (5), and that part of vacated Wallace Street of McMillan & Cooley's Addition to Oak Park, described as follows: Commencing at a point on the west line of said Lot Sixteen (16), which is one hundred eighty five (185) feet south of the northwest corner of said Block (5) of McMillan & Cooley's Addition to Oak Park; thence South along the west line of said Lot Sixteen (16), and the extension thereof, a distance of one hundred forty-five (145) feet to the south line of vacated Wallace Street; thence East along the south line of vacated Wallace Street distance of one hundred (100) feet; thence North and parallel with the west line of said Lot Sixteen (16) and the extension thereof a distance of one hundred forty-five (145) feet to a point; thence West parallel with the north line of said Block Five (5) for one hundred (100) feet, to the place of beginning. Containing 0.33 acre, more or less. 33-030-20-44-0010 Doc. No. 3423589 Washington County All that part of Block 5 [together with that part of vacated Wallace Street], McMillan and Cooley's Addition to Stillwater, Washington County, Minnesota, described as follows: Commencing at a point on the north line of Block 8 of McMillan and Cooley's Addition to Stillwater, 400 feet West of the west line of Hazel Street of said McMillan and Cooley's Addition, said north line of Block 8 being the south line of vacated Wallace street and the point of beginning of this description; thence North and parallel with the west line of Hazel Street 145 feet to an iron stake; thence West and parallel with the north line of said Block 8, 100 feet to an iron stake; thence South and parallel with the east line of said tract 145 feet to an iron stake on the north line of said Block 8; thence East along said north line of Block 8, 100 feet to an iron stake and the place of beginning. 33-030-20-44-0015 Doc. No. 933044 Washington County All that part of Lots Twenty-one (21), Twenty-two (22), and Twenty-three (23) of Block Five (5) [together with that part of vacated Wallace Street] of McMiIlan and Cooley's Addition to Stillwater, according to the plat thereof on file and of record in the office of the Register of Deeds in and for the County of Washington, State of Minnesota, described as follows: Commence at a point on the west line of Hazel Street sixty (60) feet south of the southeast corner of said Block Five(5); thence West along the south line of what was formerly Wallace Street (now vacated) a distance of three hundred (300) feet to the point of beginning of this description; thence West along the south line of what was formerly Wallace Street (now vacated) a distance of one hundred (100) feet; thence North and parallel with the west line of Hazel Street a distance of one hundred forty-five (145) feet; thence East and perpendicular to the last described line a distance of one hundred (100) feet to a point; thence South on a line parallel with the west line of Hazel Street a distance of one hundred forty-five (145) feet to the point of beginning. Containing 0.33 acres, more or less. 33-030-20-44-0011 Doc. No. 981389 Washington County The East Half (E '/ ) of Lot 23, all of Lots 24 and 25, Block 5, McMillan and Cooley's Addition to Stillwater, and vacated Wallace Street adjacent to said lots, EXCEPT the North 50 feet thereof; also being described as follows: All that part of Block Five (5) of McMillan and Cooley's Addition to Stillwater, and vacated Wallace Street in said addition, described as follows: Commencing at a point on the north line of Block Eight (8) of McMillan and Cooley's Addition to Stillwater, two hundred (200) feet west of the west line of Hazel Street of said McMillan and Cooley's Addition to Stillwater, said north line of Block Eight (8) being the south line of vacated Wallace Street; thence North and parallel with the west line of Hazel Street one hundred forty-five (145) feet to an iron stake; thence West and parallel with the north line of said Block Eight (8), one hundred (100) feet to an iron stake; thence South and parallel with the east line of said tract one hundred forty-five (145) feet to an iron stake on the north line of said Block Eight(8); thence East along said north line of Block Eight (8), one hundred (100) feet to an iron stake and the place of beginning. 33-030-20-44-0013 Doc. No. 960726 Washington County That part of Lots 26, 27, and 28, Block 5 [together with that part of vacated Wallace Street], McMillan &Cooley's Addition to Oak Park, described as follows: Commencing at the southeast corner of said Block 5 of McMillan & Cooley's Addition to Oak Park; thence West along the south line of said Block 5 for 100 feet; thence North and parallel with the east line of said Block 5 for 70 feet to the point of beginning of this description; thence North and parallel with the east line of Block 5 a distance of 15 feet; thence West parallel with the south line of said Block 5 a distance of 100 feet; thence South and parallel with the east line of said Block 5 a distance of 15 feet; thence East and parallel with the south line of said Block 5 a distance of 100 feet to the point of beginning. and Commencing at a point on the north line of Block 8 of McMillan & Cooley's Addition, 100 feet west of the west line of Hazel Street of said McMillan & Cooley's Addition, said north line of Block 8 being the south line of vacated Wallace Street; thence North and parallel with the west line of Hazel Street 130 feet to an iron stake; thence West and parallel with the north line of said Block 8, 100 feet to an iron stake; thence South and parallel with the east line of said tract, 130 feet to an iron stake on the north line of said Block 8; thence East along said north line of Block 8, 100 feet to an iron stake and the place of beginning. 33-020-20-44-0016 Doc. No. 638141 Donald B. Swenberg trust Nora S. Swenberg trust All that part of Lots Twenty-eight(28) Twenty-nine (29) and Thirty (30) of Block No. Five (5) [together with that part of vacated Wallace Street] of McM1LLAN and COOLEY'S ADDITION TO STILLWATER, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for the County of Washington, State of Minnesota, described as follows: Beginning at a point on the West line of Hazel Street Sixty (60) feet South of the Southeast corner of said Block No. Five (5); thence West along the South line of what was formerly Wallace Street (now vacated) a distance of One Hundred (100) feet; thence North and parallel with the West line of Hazel Street a distance of One Hundred Forty-five (145) feet; thence East and perpendicular to the last described line a distance of One Hundred (100) feet to the West line of said Hazel Street; thence South along the West line of said Hazel Street a distance of One Hundred Forty-five (145) feet to the point of beginning, containing 0.33 acres, more or less. PARCELS IN SECTION 34, T.30N. R2OW. 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"d Street North (platted as Prairie Street) located in the Southwest Quarter of the Southwest Quarter of Section 34, Township 30 North, Range 20 West, 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 the Southwest Quarter (SW1/4 of SW1/4) 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. The above description intending_to describe the following tax parcels: 34-030-20-33-0116 Doc. No. 581637 Washington County All that part of Southwest Quarter(SW 1/4) of the Southwest Quarter (SW 1/4) of Section Thirty-four (34), Township Thirty(30) North, Range Twenty (20) West, Washington County, Minnesota described as follows; Commencing at a point thirty(30) feet east and twenty-five (25) feet south of the northwest corner of said Southwest Quarter of the Southwest Quarter, said northwest corner also being the northwest corner of MURDOCKS ADDITION TO OAK PARK; thence East along the south line of Prairie Street a distance of one-hundred (100) feet to the point of beginning; thence East along the south line of Prairie Street a distance of 113.4 feet; thence South and parallel with the east Line of Hazel Street a distance of 140 feet; thence West and parallel with the south Line of Prairie Street a distance of 113.4 feet; thence North and parallel with the east Line of Hazel Street a distance 140 feet to the point of beginning. 34-030-20-33-0115 Doc. No. 572711 Washington County All that part of the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW '/4) of Section Thirty- four (34), Township Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota described as follows: Commencing at a point thirty (30.00) feet east and twenty-five (25.00) feet south of the northwest corner of the Southwest Quarter of the Southwest Quarter(SW 1/4 of SW '/a) of said Section 34; thence East along the south line of Prairie Street a distance of two hundred thirteen and four tenths (213.4) feet to the point of beginning; thence South perpendicular to the south line of Prairie Street a distance of one hundred forty (140.00) feet; thence East parallel with the south line of Prairie Street a distance of one hundred twenty-one (121.00) feet to the southeast corner of vacated Lot Seven (7), Block One (1) of MURDOCKS ADDITION TO OAK PARK; thence North along the east line of said vacated Lot Seven (7) Block One (1) a distance of one hundred forty (140.00) feet to the south line of Prairie Street; thence West along the south line of Prairie Street a distance of one hundred twenty-one (121.00) feet to the point of the beginning. 34-030-20-33-0113 34-030-20-33-0119 Doc. No. 566820 Washington County All that part of the Southwest Quarter (SW 1/4 ) of the Southwest Quarter (SW '/4) of Section Thirty- four (34), Township Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota, described as follows: Beginning at the northwest corner of Lot 2, Block 1, MURDOCKS ADDITION TO OAK PARK; thence southwesterly along the west boundary of said lot to the southwest corner thereof; thence westerly forty-two (42) feet; thence northerly to the south line of Chestnut Street to a point forty-two (42) feet west of the northwest corner of said Lot Two (2); thence East along the south line of Chestnut Street to the point of beginning. Also known as vacated Lot 3, Block 1, MURDOCKS ADDITION TO OAK PARK. Together with: Lot 2, Block 1 MURDOCKS ADDITION TO OAK PARK. 34-030-20-33-0112 Doc. No. 568134 Washington County That part of the Southwest Quarter of the Southwest Quarter (SW1/4 of SW`/+) of Section 34, Township 30 North, Range 20 West, Washington County, Minnesota described as follows: Vacated Lots 1, 26 and 27, Block 1, MURDOCKS ADDITION TO OAK PARK, except the south 102.5 feet thereof. 34-030-20-33-0111 Doc. No. 639476 Washington County That part of the Southwest Quarter of the Southwest Quarter (SW'/ of SW1/4) of Section 34, Township 30 North, Range 20 West, Washington County, Minnesota described as follows: The south 102.5 feet of vacated Lots 26, 27, and 28, Block 1 MURDOCKS ADDITION TO OAK P ARK. Together with all streets, alleys or roadways that may have accrued to said property by reason of vacations. 34-030-20-33-0120 Doc. No. 938739 Washington County LOTS 1 AND 2, BLOCK 2 OF MURDOCK'S ADDITION TO OAK PARK Together with the following: • 34-030-20-33-0104 Doc. No. 850445 Washington County That part of the Southwest Quarter of the Southwest Quarter (SW`/ of SW1/4) of Section 34, Township 30 North, Range 20 West, Washington County, Minnesota described as follows: Beginning at a point on the west line of said Southwest Quarter of the Southwest Quarter where said west line intersects the north line of present Minnesota Trunk Highway 212; thence East along said north line of Minnesota Trunk Highway 212 a distance of 155 feet; thence North parallel with said west line of the Southwest Quarter of the Southwest Quarter a distance of 166 feet; thence West parallel with said north line of Minnesota Trunk Highway 212 a distance of 155 feet; thence South along said west line of the Southwest Quarter of the Southwest Quarter a distance of 166 feet to point of beginning,. Together with all that part of Panama Avenue that accrues to said property by virtue of City of Stillwater Resolution No. 91-10, Resolution Vacating Part of Panama Avenue North, adopted January 15, 1991, recorded February 12, 1991 as Document No. 653110. CITY OF STILLWATER RESOLUTION A RESOLUTION SUPPORTING A PETITION FOR CONCURRENT DETACHMENT AND ANNEXATION WHEREAS, the City of Stillwater was presented with a Petition brought by the County of Washington ("Petitioner"), a property owner pursuant to Minnesota Statute 414.061, Subd. 5, for the concurrent detachment of land from the City of Oak Park Heights and annexation to the City of Stillwater. WHEREAS, the subject area consists of approximately 5.85 acres of property within the City of Oak Park Heights; and WHEREAS, the area is proposed to be developed by the Petitioner into a parking lot and points of vehicular access, and the planned expansion of the Washington County Government Center Campus; and WHEREAS, the City of Stillwater has reviewed the Petition and has determined that the proposed development would be a benefit to the Community and that the City can adequately serve the area with City services. NOW, THEREFORE,BE IT RESOLVED, that the City Council of the City of Stillwater hereby supports the Petition for concurrent detachment and annexation from the property described in this Petition (Exhibit A) and requests that the Department of Administration Municipal Boundary Adjustments assume jurisdiction of these proceedings and conduct bearings and issue its Order pursuant to Minnesota Statute 414.09. Adopted by the City Council of the City of Stillwater this,day of 2004. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk • ATTACHMENT A LE,G L DC SC HIPTgONS PARCELS IN SECTION 33,T.30N. R.20W. 33-030-20-44-0012 (ALLEY) Doc.No. 497206 City of Oak Park Heights Part of Lots 16 through 30, inclusive, Block 5, McMillan and Cooley's Addition to Stillwater MN being the south 30 feet of the north 50 feet of said lots. 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. DESCRIPTION FOR MNDOT EASEMENT PARCEL All that part of Block 8, McMillan and Cooley's Addition to Stillwater MN lying north of the following described"Line X" and south of the north line of said Block 8. Line "X" being described as follows: Beginning at right of way monument B1 as shown on MINNESOTA ESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82 —86; 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 X" there terminating. 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. DESCRIPTION FOR PANAMA AVENUE NORTH All that part of Panama Avenue North (platted as Hazel Street) lying north of the following described "Line X" and south the north line of the south 30 feet of the north 50 feet of Lots 16 through 30 inclusive, Block 5. McMillan and Cooley's Addition to Stillwater MN extended easterly to the east right of way of said Panama Avenue North. Line "X" being described as follows: Beginning at right of way monument B1 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82—86; thence westerly parallel with the north line of Block 8, McMillan and Cooley's Addition to Stillwater MN to the west line of said Block 8 and said"Line X"there terminating. 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. Together with the following described parcels. 33-030-20-44-0014 Doc. No. 3413048 Washington County All that part of Lots Sixteen (16), Seventeen (17) and Eighteen (18), Block Five (5), and that part of vacated Wallace Street of McMillan & Cooley's Addition to Oak Park, described as follows: Commencing at a point on the west line of said Lot Sixteen (16), which is one hundred eighty five (185) feet south of the northwest corner of said Block (5) of McMillan & Cooley's Addition to Oak Park; thence South along the west line of said Lot Sixteen (16), and the extension thereof, a distance of one hundred forty-five (145) feet to the south line of vacated Wallace Street; thence East along the south line of vacated Wallace Street distance of one hundred (100) feet; thence North and parallel with the west line of said Lot Sixteen (16) and the extension thereof a distance of one hundred forty-five (145) feet to a point; thence West parallel with the north line of said Block Five (5) for one hundred (100) feet, to the place of beginning. Containing 0.33 acre, more or less. 33-030-20-44-0010 Doc. No. 3423589 Washington County All that part of Block 5 [together with that part of vacated Wallace Street], McMillan and Cooley's Addition to Stillwater, Washington County, Minnesota, described as follows: Commencing at a point on the north line of Block 8 of McMillan and Cooley's Addition to Stillwater, 400 feet West of the west line of Hazel Street of said McMillan and Cooley's Addition, said north line of Block 8 being the south line of vacated Wallace street and the point of beginning of this description; thence North and parallel with the west line of Hazel Street 145 feet to an iron stake; thence West and parallel with the north line of said Block 8, 100 feet to an iron stake; thence South and parallel with the east line of said tract 145 feet to an iron stake on the north line of said Block 8; thence East along said north line of Block 8, 100 feet to an iron stake and the place of beginning. • 33-030-20-44-0015 Doc. No. 933044 Washington County All that part of Lots Twenty-one (21), Twenty-two (22), and Twenty-three (23) of Block Five (5) [together with that part of vacated Wallace Street] of McMillan and Cooley's Addition to Stillwater, according to the plat thereof on file and of record in the office of the Register of Deeds in and for the County of Washington, State of Minnesota, described as follows: Commence at a point on the west line of Hazel Street sixty (60) feet south of the southeast corner of said Block Five(5); thence West along the south line of what was formerly Wallace Street (now vacated) a distance of three hundred(300) feet to the point of beginning of this description; thence West along the south line of what was formerly Wallace Street (now vacated) a distance of one hundred (100) feet; thence North and parallel with the west line of Hazel Street a distance of one hundred forty-five (145) feet; thence East and perpendicular to the last described line a distance of one hundred (100) feet to a point; thence South on a line parallel with the west line of Hazel Street a distance of one hundred forty-five (145) feet to the point of beginning. Containing 0.33 acres, more or less. 33-030-20-44-001 1 Doc. No. 981389 Washington County The East Half (E '/ ) of Lot 23, all of Lots 24 and 25, Block 5, McMillan and Cooley's Addition to Stillwater, and vacated Wallace Street adjacent to said lots, EXCEPT the North 50 feet thereof; also being described as follows: All that part of Block Five (5) of McMillan and Cooley's Addition to Stillwater, and vacated Wallace Street in said addition, described as follows: Commencing at a point on the north line of Block Eight (8) of McMillan and Cooley's Addition to Stillwater, two hundred (200) feet west of the west line of Hazel Street of said McMillan and Cooley's Addition to Stillwater, said north line of Block Eight (8) being the south line of vacated Wallace Street; thence North and parallel with the west line of Hazel Street one hundred forty-five (145) feet to an iron stake; thence West and parallel with the north line of said Block Eight (8), one hundred (100) feet to an iron stake; thence South and parallel with the east line of said tract one hundred forty-five (145) feet to an iron stake on the north line of said Block Eight(8); thence East along said north line of Block Eight (8), one hundred (100) feet to an iron stake and the place of beginning. 33-030-20-44-0013 Doc. No. 960726 Washington County That part of Lots 26, 27, and 28, Block 5 [together with that part of vacated Wallace Street], McMillan &Cooley's Addition to Oak Park, described as follows: Commencing at the southeast corner of said Block 5 of McMillan & Cooley's Addition to Oak Park; thence West along the south line of said Block 5 for 100 feet; thence North and parallel with the east line of said Block 5 for 70 feet to the point of beginning of this description; thence North and parallel with the east line of Block 5 a distance of 15 feet; thence West parallel with the south line of said Block 5 a distance of 100 feet; thence South and parallel with the east line of said Block 5 a distance of 15 feet; thence East and parallel with the south line of said Block 5 a distance of 100 feet to the point of beginning. and Commencing at a point on the north line of Block 8 of McMillan & Cooley's Addition, 100 feet west of the west line of Hazel Street of said McMillan & Cooley's Addition, said north line of Block 8 being the south line of vacated Wallace Street; thence North and parallel with the west line of Hazel Street 130 feet to an iron stake; thence West and parallel with the north line of said Block 8, 100 feet to an iron stake; thence South and parallel with the east line of said tract, 130 feet to an iron stake on the north line of said Block 8; thence East along said north line of Block 8, 100 feet to an iron stake and the place of beginning. 33-020-20-44-0016 Doc. No. 638141 Donald B. Swenberg trust Nora S. Swenberg trust All that part of Lots Twenty-eight (28) Twenty-nine (29) and Thirty (30) of Block No. Five (5) [together with that part of vacated Wallace Street] of McMILLAN and COOLEY'S ADDITION TO STILLWATER, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for the County of Washington, State of Minnesota, described as follows: Beginning at a point on the West line of Hazel Street Sixty (60) feet South of the Southeast corner of said Block No. Five (5); thence West along the South line of what was formerly Wallace Street (now vacated) a distance of One Hundred (100) feet; thence North and parallel with the West line of Hazel Street a distance of One Hundred Forty-five (145) feet; thence East and perpendicular to the last described line a distance of One Hundred (100) feet to the West line of said Hazel Street; thence South along the West line of said Hazel Street a distance of One Hundred Forty-five (145) feet to the point of beginning, containing 0.33 acres, more or less. PARCELS IN SECTION 34,T.30N. R2OW. 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"d Street North (platted as Prairie Street) located in the Southwest Quarter of the Southwest Quarter of Section 34, Township 30 North, Range 20 West, 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"d 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 the Southwest Quarter (SW`/a of SW'/,) 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. The above description intending to describe the following tax parcels: 34-030-20-33-0116 Doc. No. 581637 Washington County All that part of Southwest Quarter(SW '/,) of the Southwest Quarter(SW 1/4) of Section Thirty-four (34), Township Thirty (30) North,Range Twenty(20) West, Washington County, Minnesota described as follows; Commencing at a point thirty(30) feet east and twenty-five (25) feet south of the northwest corner of said Southwest Quarter of the Southwest Quarter, said northwest corner also being the northwest corner of MURDOCKS ADDITION TO OAK PARK; thence East along the south line of Prairie Street a distance of one-hundred (100) feet to the point of beginning; thence East along the south line of Prairie Street a distance of 113.4 feet; thence South and parallel with the east Line of Hazel Street a distance of 140 feet; thence West and parallel with the south Line of Prairie Street a distance of 113.4 feet; thence North and parallel with the east Line of Hazel Street a distance 140 feet to the point of beginning. 34-030-20-33-0112 Doc. No. 568134 Washington County That part of the Southwest Quarter of the Southwest Quarter (SW1/4 of SW1/4) of Section 34, Township 30 North, Range 20 West, Washington County, Minnesota described as follows: Vacated Lots 1, 26 and 27, Block 1, MURDOCKS ADDITION TO OAK PARK, except the south 102.5 feet thereof. 34-030-20-33-0111 Doc. No. 639476 Washington County That part of the Southwest Quarter of the Southwest Quarter (SW1/4 of SW1/4) of Section 34, Township 30 North, Range 20 West, Washington County, Minnesota described as follows: The south 102.5 feet of vacated Lots 26, 27, and 28, Block 1 MURDOCKS ADDITION TO OAK PARK. Together with all streets, alleys or roadways that may have accrued to said property by reason of vacations. 34-030-20-33-0120 Doc. No. 938739 Washington County LOTS 1 AND 2, BLOCK 2 OF MURDOCK'S ADDITION TO OAK PARK Together with the following: 34-030-20-33-0104 Doc. No. 850445 Washington County That part of the Southwest Quarter of the Southwest Quarter (SW1/4 of SW1/4) of Section 34, Township 30 North, Range 20 West, Washington County, Minnesota described as follows: Beginning at a point on the west line of said Southwest Quarter of the Southwest Quarter where said west line intersects the north line of present Minnesota Trunk Highway 212; thence East along said north line of Minnesota Trunk Highway 212 a distance of 155 feet; thence North parallel with said west line of the Southwest Quarter of the Southwest Quarter a distance of 166 feet; thence West parallel with said north line of Minnesota Trunk Highway 212 a distance of 155 feet; thence South along said west line of the Southwest Quarter of the Southwest Quarter a distance of 166 feet to point of beginning,. Together with all that part of Panama Avenue that accrues to said property by virtue of City of Stillwater Resolution No. 91-10, Resolution Vacating Part of Panama Avenue North, adopted January 15, 1991,recorded February 12, 1991 as Document No. 653110. BEFORE THE DEPARTMENT OF ADMINISTRATION MUNICIPAL BOUNDARY ADJUSTMENTS STATE OF MINNESOTA In the Matter of the Petition for the Concurrent Detachment of PETITION Land from the City of Oak Park Heights and Annexation to the City of Stillwater This is a Petition brought by the property owner, of the entire affected property, pursuant to Minn. Stat. §414.061, subd, 5, for the concurrent detachment of land from the City of Oak Park Heights and annexation to the City of Stillwater. I. The land, legally described in Exhibit "A" (the "Area") is approximately 5.85 acres of property within the City of Oak Park Heights that lies north, south and east, immediately adjacent to Washington County Government Center that is now within the City of Stillwater, all within the County of Washington, Minnesota. II. The Area is proposed to be developed by the Petitioner into parking lots and points of vehicular access and the planned expansion of the Washington County Government Center Campus. III. The City of Oak Park Heights does have the ability to provide fire and police services to the Area however both fire and police services can be most efficiently provided to the area by the City of Stillwater. Also, the pattern of development of the Area makes the extension of the City v . of Stillwater's jurisdiction to the Area logical because the Area is adjacent to the remainder of the Washington County Government Center Campus that is entirely located within the City of Stillwater. IV. The subject property is owned by Washington County and as such, is exempt from the payment of real property taxes. V. That the concurrent detachment of the Area from Oak Park Heights and annexation to the City of Stillwater will be in the best interests of the affected municipalities and the property owner. WHEREFORE, your Petitioner prays that the Department of Administration, Municipal Boundary Adjustments assume jurisdiction of the proceeding pursuant to Minn. Stat. §414.061, subd. 5, and conduct hearings and issue its order pursuant to Minn. Stat. §414.09, detaching the Area from the City of Oak Park Heights and annexing the property to the City of Stillwater. WASHINGTON COUNTY By Its - 2 - ■ r PT Form 975(Revised 11/99) Minnesota Department of Revenue Reconveyance of Forfeited Lands to the State of Minnesota By a Governmental Subdivision Under Minnesota Statutes,Section 282.01,Subdivision 1d State Deed Tax Due Hereon: $1.65 WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to lc, the State of Minnesota, on the 15th day of November 1985 ,conveyed to The City a governmental subdivision of the State of Minnesota Subdivision"),Of Oak a deed Heights, (hereinafter "Governmental Subdivision"}, by state deed numbered 497206 , the real property described below(hereinafter"Property")p rty")to be used for an authorized public use,and WIIEREAS the Governmental Subdivision has either failed to put the Property to the public use for which it was conveyed, or has abandoned the public use for which it was conveyed, and now desires to reconvey the Property under Minnesota Statutes, Section 282.01,Subdivision 1 d to the State of Minnesota,to be held in trust according to Minnesota Statutes,Section 281.25, . NOW THEREFORE,the Governmental Subdivision,pursuant to said laws,and pursuant to the duly adopted resolution of its governing body number , dated does hereby grant and convey the property in the County of Was hi ngton ,described as follows,together with all appurtenances thereunto belonging: g; Part of Lots 16 through 30, inclusive, Block 5, McMillan & Cooley's Addition, being the South 30 feet of North 50 feet SD lots (Auditor-Treasurer's Plat/Parcel 60955-2250) to the State of Minnesota,to be held in trust as provided by Minnesota Statutes,Section 281.25,upon like conditions and with like effect as if the Property bad not been conveyed to the Governmental Subdivision for a public use. City of Oak Park Heights (Name of Governmental Subdivision) By: Signature Title Date By: . Signature Title Date STATE OF MINNESOTA ) County of Washington )ss.) On this day of and . respectively the and the of the governmental subdivision named in the foregoing instrument, appeared before me and acknowledged that they executed the same as the free act and deed of said Eovernrnental subdivision pursuant to the statutes in such case made and provided. Notary ___.._ .� . _. Mt:. • w , w ~ 1 • M The Parking Lot Area • Washington County shall pay for 75%of the design and reconditioning(to standards as necessary by City Engineer)of Oxboro Ave from the northern edge of 62nd Street to the Hwy 36 frontage road by December 31, 2006. Improvements of curbing and storm water facilities will be funded via current City practices such as a frontage foot charges and/or contribution area calculation. Washington County shall assume the responsibility for regular snowplowing for such street and make a one time payment of$20,000 to defray other future maintenance costs on this roadway segment. (NOTE: In order to estimate the full cost of this clause, the County requests at least one meeting with the City Engineer to discuss the scope of the reconditioning.) • Washington County will accept full jurisdictional responsibility and bear the full cost of any reconstruction and maintenance of the now frontage road(Hwy 36 frontage road)from Waigreen's to the Panama Ave just south of the County Gov't. Center, including street reconstruction, street maintenance, and snow plowing. The timeline and needs for such street maintenance or reconstruction shall be as determined by the time schedule set forth by MN/DOT as part of the TH 36 improvements. • Washington County shall grant the necessary easements as required by the City Engineer for City utilities that may be required to be relocated onto County property as a result of this parking lot expansion and vacation of MN/DOT right of way. County shall pay for such lines to be relocated and once such lines are installed the County shall be required to pay for all finish site restoration work should such utility lines need service/replacement, this shall include asphalt, blacktop, concrete, curb and gutter, landscaping, etc. Should these easements be eliminated by MN/DOT due to the Hwy. 36 reconstruction or other incidence the County shall provide necessary easements to the City across County property at no charge. • The City will transfer the alleyway"in-fee"to the State of Minnesota to return to"tax-forfeited" status. Washington County will request this property to be transferred to the County to be used for parking purposes. • Any portion of the detached area that in the future becomes privately held or benefits a private interest shall be reattached to the City of Oak Park Heights. AU costs necessary to reattach such lands including surveys,descriptions,administrative,and legal fees shall be paid by Washington County. This clause is not acceptable to the County. , I A NE Campus Area(Paris and 62nd Street) The City will only consider these options if the County owns all properties south of 62nd Street between Panama and Paris and west of Paris from 62nd Street to TH 36. • The setback for all future structures and equipment should be not less than 40 feet from the property lines abutting Paris and 62nd Street. • All structures shall comply with the City's lighting standards. • Washington County may seek to widen 62nd Street between North Panama and Paris Avenue at their expense; 62nd Street may not be enlarged or widened northwardly, all expansion shall be to the south. Washington County shall design and reconstruct(to standards as necessary by City Engineer)this portion of 62nd Street including its curbing and appropriate stormwater infrastructure. • Paris Avenue will not be widened or enlarged south of 62nd Street and there shall be no ingress to the County facilities from Paris Avenue; the current unpaved roadway shall be paved/curbed and shall only be utilized as an emergency exit. Should Washington County wish to install a full ingress and egress from Paris Avenue,Washington County shall provide the funding for the design and recondition (to standards as necessary by City Engineer)of Paris Avenue from 62nd Street to the point of ingress and egress including the installation/replacement of curbing and appropriate stormwater infrastructure. • Any portion of the detached area that in the future becomes privately held or benefits a private interest shall be reattached to the City of Oak Park Heights. All costs necessary to reattach such lands including surveys,descriptions,administrative,and legal fees shall be paid by Washington County. This clause is not acceptable to the County. O A i N r N M , 1 k� a Oy cx O) C) >{ ww } i I C tL � 'Sl} N•y , r c � # U W i a i Y R kit £ g I • 1 k, 2 1 FOP£ • r c��� C -S O cn 1 c lot - w} 1 I r !p fir— s M tlI` '0. olio Ira a 1 i 'ILL. \ ,. / N..., .,J - ;krr dr'lir_t r t ill , , , ___ •y . _ . a ,n1,_t,...n ra ? ' M i. nr w N_ I >>, enua . "'w al ig,.,V .- r�Z��F Z einanuO r } r ► 6 II r ' tTR -, c IS CM 0 9 L L tn O. co c { Y O C w o t m` t ■ .' fk. , , k E , , U co a co co 0 4 y, �k h i ,yi@ -- 1 4'' W 1' pry . > c 41, n i 1, #v` O Q V84Z 6.sata«I�_ >> 0 9 _ LO£ c r I, cis U c mo HVSO — H „ bZ HtSo £� c CC N A c E a 3 U) U. to C as re • V ti .. N N O >, O N t \d C O 0) t" ',i C LL Ljt- .— \ { m M ✓e{! o O . pop„a 2 t Y I J £sue O :y shed r a:,, a", 1 t� c,,n 0, © a a 17.1 fill! a O A— .co , d r ., 11 t w 1 1 m 1 F- + ! .it 1 41 1s6 1I ., , , :-, i -/114_ '.1 , _,T, i al 0 zuris 11 , 1 s=1=1 1'Ia.Li1L-I-I f e a ''' rl'{� E+' .* ti 1 g 1 tr if CA 4 4 < , Ili 0 .0 t; it . , 1 - . to �c O. N O wo ' t O Wr,-- .-- 0 g".1 c0 C Q U+ . ., r W O Y1 L CO "" N - E �• 34 t L r " ci C a N + . . C m . c o C ;i 1 i > C U r ., . . 0 = :u >, O - 6L «,9. C C6 4- _ 1 i C CI � 405 ,. ,; I 0) C 14 z sic-/-1 MovbzHHSO� 4 .. V QI000s. c. I4 .. J O w C _ 3 w N co n d a) C WASHINGTON COUNTY ,: COURTS EXPANSION j 1 \ J C :) \ \ . J U" ( is ) r- 1 e FUTURE --� lEirs. L OT'F'i 171 STALLS • LOTS E!3 STALLS (37000 SG.FT) ' s V`s (REORSANIZATIOR/ .. !Mifflin,'4 1 v------ :=L-rni- 1...!— 4 l PARING RAMP = u i. Q =9 I = —i 'i COURTHOUSE j ROPOSSE%D , ` 1 .d? • ` r �,' O PROPOSED L.E.O. ® O • ( I . All I k././1 A it ../... .... ;:z;:t i , : '::' LOT'A' U ;;;:�" PUBLIC PARKING • D GO 1 o i. CENTER =... SHORT J ' TERM LOT FUTURE:, ..; FUTURE ACCESS mug= TED • ROAD STRUCTURE. / c_ _; Y.;:. FUTURE I :•c FUTURE I LOT'D' I LOT V 1 3 PAR4E1.5 1 E72 STALLS 1 3 PARG83 1 83065 50.FTJ 1 154 STALLS 1 (60.000 50.PT) �,/ POTENTIAL RETENTION POND• 6 PARCELS 266 STALLS (106',500 SQ.FT) . SITE MASTER PLAN 0 50' 100' 150' Page 15 WOLD ARCHITECTS AND ENGINEERS • Washington County Wold Architects and Engineers Strategic Facility Plan August, 2003 Parking Expansion Matrix -Stillwater Campus Expansion Option Lot Size Projected Timeline Project Costs* 1. Construct Lot DI TrTI117111 I 1 1 I iI I IiIiI I I 1 1 I I I I I I I I I I i I I I I I I I i 111131 2008 $ 1,420,000 +132 stalls (`11111 II11111111111111111111I1111111111111111 :1 1111 (3 Parcels) +266 stalls 1 1 1 1'1' , I 1 1 I1 II°IIIIII1I1IIIIIIII1IIIIII�1IIII 3 Parcels (6 Parcels) ±106.500 Sq.Ft —r 2. Reorganize Lot'B' 2008 $ 160,000 +133 stalls ±38,800 Sq.Ft 3. Construct Lot'E' I I I I I 111,1 I I ITI I I I I 111 I I 111 I I I I I Ii 2015 $ 960,000 +154 s t a l l s 1 1 1 1 1 1 1 I I IfI I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1- I111111=111I'I11 111111YIII ±106,500 Sq.Ft 4. Construct Lot'F' IIIII 1111 i ii I I I l i l 1 111 I I I1 I I i I I i i i t 1 I 1 111 I I I f (As needed) $ 550,000 +171 stalls 1111111 1111111111111111111111 I 1 1111111 I II I 11 111 I I'ii N II tI 1111111111111111 11 I 1 111111 I1 11 ±57,000 Sq.Ft 5. Construct Lot'G' III 111 i I:I 1 111111'1111 Ill I1 (As needed) $ 100,000 +54 stalls 111111111111111111 I I i i i l t` ±17,300 Sq.Ft 5. Addition to Lot'C' �- ' (As needed) $ 1,936,000 +160 stalls _ Costs are projected upon a base year of 2003 dollars with ±57,500 sq.Ft inflation factors required for indicated project year costs. 9 Commission No.022103 •rwa r 8dUWV15 aria Cnglneers Masterplanning Analysis Auger 2003 4.04 Expansion Option Diagram#3 t . x R liv •,L .,„. . ,, ,„„-,..,:c.,k„,,:.,-..,„ i_. ..,. .. _,,,,, _ 14- h aA it-41 . ! ... i —f,.. ,,,,r ,...prlottits*„ :1 'a'a 2 ? .. ", gal °sx`R,p.#M' ,fti C, 4 e 1 I __... ..,..„,,... t .,_ rr�� 3 T'` t' __ 4 C��6 _ c e,3 ' {i i hex C s ct b 4 t� s--- 4, n f } _y.e . ,. ,. ; r ,e 4`3 x:7 •f , r$:. � .�° k� ixa �. s L � } C Mb . kJd . � " •^t..e-- ::>:3 ms's -�" rl '' `YY3 ` n�7br :wn }.Jwfi :.a5. . .#:. `Z3 ;G. 3x.5 . . _ s , E _.+;+.'.rM.� S1 ,�t 3t� '. v,.., Expansion beyond 201 N eeds .°. Construct Lot'D' +288 stalls construct Lot'F' +171 stalls Reorganize Lot.(3, +133 stalls Construct Lot'G' +54 stalls Constrict Lot'E' +154 stalls Upper Level Lot'C' +160 stalls 938 Net additional stalls 10 Commission No.022103 -c a 0 a 0 m ' � W CD E L w ° a C) O > c (B - 0 J > CO 7 ° CO y h �U 5.N 7 N N O. 7 N N Q w > a .N ID V LL > _ E U LL > W W J LL W J LL ap 0) LC) N i ems- O (c0 w co a. 0 03 M ,_ (0 ''1' M N 0) L N- E' a) a) v ..+ W E 0) ... N LL .0 l� O � N co Lo M CO N co W N lL ._ O O CO M CO N O a) N- s) CO N- 0 Y an .0. O Q O (Ni co i i M CO 0 co co Q Q Q 0 , 0 0 0 a0 co co CO C a) `_) ~ N a) N- :_ 0) C0 C 7 1- M LL C M i i CO N .a Il •- CO M V ,_ 00) 1- 1- W CA C .-C 0 •- -X C a) W 0 a) C• N li m co I I co I I ■ N (00 ID I� L OMO Z N LL N c(00 CO co a) c w° ( N Cr) (O N e- r. N 0) 0 N I°- Z CL w _ - it C 5 O co O O f0 CD 0 0 W LL 0 I = ° o 0 0 0 CO CD CO CO CO 0 0 0 0 0 0 0 N V . \ J J J J J J 'N C) ll as (`0 \ M Cr) O O O O M M ,- 'Cr Q .r G CO a o o0 0o (oC0O000 (0(NI a. 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" 2 y 22: ,..L ■ 2 • License ■ ' M �i li 232 164 .. 1 1 ' APPRAISAL OF: Alley - Oak Park Heights ' Lying adjacent north of lots fronting 60th Street Between Panama & Oxboro Oak Park Heights, Minnesota 55082 1 ' VALUATION DATE : August 25, 2004 William J. Peterson, SRA, SRPA Minnesota License #4000619 ' APPRAISAL CONCEPTS, INC. 2565 Hamline Avenue North, Suite B Roseville, Minnesota 55113 (651) 636-2565 I APPRAISAL CONCEPTS, INC. Residential-Commercial-Industrial-Equipment ISeptember 9, 2004 2565 Hemline Avenue North, Suite B Roseville, Minnesota 55113 IReal Estate-(651)636-2565 Ms . Sharon Price Equipment-(651)633-0779 I Property Acquisition Manager Fax-(651)633-0394 Dept . of Transportation and Physical Development Washington County I 11660 Myeron Road North Stillwater, Minnesota 55082-9573 IRe : Alley-Oak Park Heights Lying adjacent north of lots fronting I 60th Street, between Panama & Oxboro Oak Park Heights, Minnesota IDear Ms . Price : IIn accordance with your request, I have completed an appraisal of the above referenced property for the purpose of estimating its probable market value in the fee simple interest . The following I written report presents the findings, analysis and conclusions of this appraisal . I have made a complete inspection of the subject property and have fully identified the real estate in the written Ireport . After careful consideration of the many factors influencing value I and after due consideration to special circumstances existing between two government entities it is my opinion that the taking described as of August 25, 2004 is not compensable. IThe undersigned certifies to the best of his knowledge and belief that the statements of fact contained in this report are true and I correct . The report and analysis, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are the undersigned' s unbiased professional analysis, opinions I and conclusions . The undersigned has no present or prospective interest in the property that is the subject of the report and no personal interest or bias with respect to the parties involved. I Compensation is not contingent upon the reporting of a predetermined value or direction in value that II 1 ' May 11, 2004 Page Two ' favors the cause of the client, the amount of value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event . The undersigned ' s analysis, opinions and conclusions were developed and this report has been prepared in conformance with the Uniform Standards of Professional Appraisal ' Practice . The undersigned has made a personal inspection of the property that is the subject of the report . ' If you have any questions or comments after reading this appraisal, please contact the undersigned. APPRAISAL CONCEPTS, INC. ' Certified to this 9th day of September, 2004 . ' William J. Pete son, SRA, SRPA Certified Federal General Appraiser Minnesota License #4000619 1 II II II II TABLE OF CONTENTS 1 PURPOSE OF APPRAISAL II FUNCTION OF APPRAISAL 1 SCOPE OF THE REPORT 1 CONFORMANCE 1 II PROPERTY RIGHTS APPRAISED 1 AREA AND NEIGHBORHOOD ANALYSIS 2 SITE 2 ZONING 5 I 6 HIGHEST AND BEST USE 7 7 MARKET APPROACH I SALES SALES COMPARISON 9 DISCUSSION OF SALES AND ADJUSTMENTS 13 I 15 FINAL RECONCILIATION 16 ' MARKETING TIME ADDENDUM 17 1 1 II II II II II I , ■ VIEW EAST DOWN ALLEY FROM SIDE OF OXBORO I 1 qr. f'41St assim.r4 ; ■' - o� ' a f *w4 " , "' ;x �a _' rPtt aye s '": ' °.n , +• d I I I I I I I I I l I VIEW NORTH UP OXBORO FROM ALLEY I I I • I Nie _ it .. I _ I I I I I I I I VIEW OF GOV'T CENTER AND ALLEY FROM OXBORO 1 } fit" Ii I VIEW WEST DOWN ALLEY FROM PANAMA I 1. s.:-.-.. ..., 1 ik' 1 I I I I I I I I I I 1 VIEW NORTH UP PANAMA, GOV'T CENTER LEFT I A. Eyok Ilk I milk, z 1 I I VIEW NORTH UP PANAMA, LAW ENFORCEMENT CENTER RIGHT I I 1. • I ;. \1111._: ril '� - ',.. �Or•ew.x� I I , ^w,t r rM1:a 4, _,H' c • t - - Sao* " , I l I I I I I I I I VIEW WEST DOWN ALLEY FROM PANAMA I r try r, r a.„ .....—••K__ _ -ice v. � w T `Cs„ & , I I I I I I I I VIEW WEST DOWN ALLEY ABOUT MIDWAY I •4. 4;. r Ti =4. • if h • r • r. I: ''';;:e.'- ''. 4 x �`,,l 'a.`,,j raw „,....,,,,%, r 7r”. "4 - - /, 1 I I I I I I I I VIEW EAST DOWN ALLEY ABOUT MIDWAY I s,..., 4,. 1 - M 1 I ,,=„s” , . . .-'„. ,-;d1=1,, ,,,,...:--,,,,,,''',,•.,. .","r gi„< '' „, „° ..) , i s I I I I I I I I SE CORNER OF PANAMA AND 61ST I I 4 A I I pY i 4. k�4 j a v.' 7 i ti,•di! Ga 'M��, i' I i , • • y "r�. i. 7 Yf I14., .,,,,. --,0.„ ,..‘,.• .1 •t . -'.,",. ■ : • I 1 I I I I I I I 1 ' ' APPRAISAL OF: Alley ' City of Oak Park Heights Washington County, Minnesota PURPOSE OF APPRAISAL: The purpose of this appraisal is to estimate the market value of the subject property' s real estate as it currently exists . FUNCTION OF APPRAISAL: The function of this appraisal is for purpose of negotiation with ' City of Oak Park Heights for possible acquisition of the subject to be a part of the Washington County Government Center parking lot expansion. SCOPE OF THE REPORT: ' Our data gathering and analysis procedures are based on an on-site inspection of the subject property. Data for cost analysis, ' comparable sales and income and capitalization analysis comes from all available sources . These typically include all non- confidential data contained in our files, data from information ' exchanges, courthouse records and data obtained from individuals including data on the subject itself . ' The analysis includes establishing the most probable use and valuation of the Cost, Market and Income (economic) Approaches, or whichever of these are appropriate . CONFORMANCE: This appraisal is in conformance with the Uniform Standards of ' Professional Practice (USPAP) , as we understand them. 1 ' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i AREA, NEIGHBORHOOD AND LOCATION: ' Stillwater, Oak Park Heights and Bayport are contiguous communities located on the west shore of the St . Croix River. The ' St . Croix which is designated a "Wild and Scenic" River is also the east boundary of the State of Minnesota & Wisconsin. Stillwater is the first chartered city in the State of Minnesota ' and dates from the mid 1800 ' s when it was a center of the logging industry in the area. Today it is a vibrant community with its own hospital , all levels of schools including new state of the art ' high school and commercial base . The city is a center of tourism as it is on the St . Croix River. The housing stock ranges from modest tract type of development up to mansion class properties ' which date from the days of the lumber barons . Situated in the northeast quadrant of the 2 1/2 million person metropolitan area, it is a popular area to live and work. Many of the inhabitants ' commute to the metropolitan area for work. The subject is specifically located in the northern most portion ' of Oak Park Heights, which is adjacent to Stillwater proper on the south. Oak Park Heights has their own economic base which is primarily located on the south side of Highway 36, from ' approximately Osgood Avenue to County Road 5 . Uses include retail, including grocery, new and used auto sales, power generation and Minnesota correctional facility. ST. PAUL - MINNEAPOLIS METROPOLITAN AREA: ' The area is considered to include the seven counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington, with the core being St . Paul and Minneapolis, located in Ramsey and Hennepin Counties respectively. The location is in the southern third of the state just west of the Wisconsin border, 115 miles north of Iowa, 200 miles east of South Dakota and 300 miles south ' of Canada. The 1990 census shows St . Paul to have a population of 272 , 235, and Minneapolis, 368 , 383 , essentially the same as they ' were in the 1980 census . The suburban area has a population of 1, 648, 103 , for a total 1990 census population of 2 , 288 , 721 people for the seven county metropolitan area. The 1996 population ' estimates show St . Paul to have a population of 279, 441 and Minneapolis 364 , 382 , with the metropolitan area population being 2 , 482 , 858 . As can be seen, St . Paul and Minneapolis are essentially stabilized in terms of population. 3 I 1 1 1 1 1 Since this is essentially a land appraisal , only the Market Approach will be used, consisting of sales of essentially vacant land. Market Value: is defined as the most probable price which a property should bring in a competitive and open market under all ' conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not ' affected by undue stimulus . Implicit in this definition is the consummation of a sale as of a ' specified date and the passing of title from seller to buyer under conditions whereby: ' 1 . buyer and seller are typically motivated. 2 . both parties are well informed or well advised, and each acting in what he considers his own best interest . 3 . a reasonable time is allowed for exposure in the open ' market . 4 . payment is made in terms of cash and U. S . dollars or in terms of financial arrangements comparable thereto. 5 . the price represents a normal consideration for the ' property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale . PROPERTY RIGHTS APPRAISED: As noted, the fee value of the entire tract will be appraised, subject to any easements of record. LEGAL DESCRIPTION: Part of lots 16 through 30, inclusive, Block 5, McMillan & Cooley' s Addition, being the south 30 ' feet of north 50' feet of said lots (auditor- treasurer' s plat/parcel 60955-2250) 2 1 1 1 1 I 1 I St . Paul is the county seat of Ramsey County and also the capital II I of the state of Minnesota, while Minneapolis is Hennepin County' s county seat . I Climate-wise, the area is favorable, with four season living. The coldest month is January, with an average temperature of 12 degrees . The warmest month is July, with an average of 72 II degrees . There are generally 17 days annually of 90 degree weather, and 166 days between killing frosts . The annual rainfall averages 26 inches, and the average snowfall is 40 inches . The Ielevation is 900 feet . The area constitutes one of the nation' s largest transportation I centers, served by major rail trunk and switching lines . Major airlines serve the area through the Minneapolis St . Paul International Airport, located on the south side of both cities . I Major industries include food processing and products, dairy products, textiles and apparel , lumber and furniture, paper, printing and publishing, primary and fabricated metals, machinery II and electronics . There are fifteen colleges and universities in the metropolitan I area. These include both private and public, and include several church-affiliated schools . The largest is the University of Minnesota, with both St . Paul and Minneapolis campuses . IMajor spectator sports include the Minnesota Vikings, Twins, and Timberwolves, involving football, baseball, and basketball Irespectively. There are nine television stations and two daily II Imetro-wide newspapers . I I 4 I 1 1 1 1 II IISUBJECT TRACT: Site: IIThe subject of this appraisal is the alley, which runs east to west between Panama Avenue and Oxboro Avenue behind, north of the I lots fronting 60th Street, a frontage road of State Highway 36 . The alley also runs parallel along the south side of Washington County Government Center. This alley is 30 X 600 long. There is I little variance in grade from end to end. The lots on the south side of the alley are generally at grade while the parking lot on west end is estimated to be about 1' above alley grade . The I residential homes in that area occupied the lots between the alley and 60th Street have now been removed except the eastern most property however the alley remains more or less undisturbed. The Ialley is primarily bituminous that is in overall fair condition. Access: IThe subject is the alley between Panama and Oxboro in Oak Park Heights . This is one block east of Osgood and 1 block north of I frontage road along Highway 36 . Highway 36 is a state trunk highway and provides direct access to St . Paul and Minneapolis west and west Wisconsin. IFor some time now transportation authorities have been planning the upgrade of Highway 36 and a new bridge to west Wisconsin bu I there have been delays due to environmental and ecological consideration, in addition to questions with respect to design of the new highway. The time line at this point has still not been Idetermined. History: IIt is our understanding the alley ey was deeded to the City of Oak Park Heights as tax forfeited land from the State of Minnesota I November 15, 1985 . No other activity has occurred since, that we are aware . IUtilities: It is our understanding that there are no utilities on or under I the alley being appraised. The only improvement to the alley is a bituminous overlay observed to be in fair condition. II II 5 I 1 1 1 I i ' Zoning: The zoning of the adjoining lots to the south is RM-2 "Low to ' medium density residential" . City administrator for Oak Park Heights has advised us that alleys are not specifically zoned, that they are "public" . ' Courthouse Information: ' Property ID# : 60 955 2250 Owner of Record: City of Oak Park Heights Assessed Value : No value assigned ' Taxes : Tax exempt 1 I 1 6 1 1 1 1 1 s ' Trends: Trends in terms of real estate value have been steadily increasing ' in past several years . Specifically we have seen steadily increasing median sales prices in the. Stillwater area market . For example the median sales price for single family property in 2000 ' was $208, 900 in 2001 it was $224, 950 in 2002 it was $235, 500 and in 2003 the median sales price was $260, 950 which represents a 10 . 8% increase over 2002 median sales prices . MARKETING PERIOD: ' The subject "Alley" was originally installed for the convenience of the owners of the properties fronting 60th Street . It is owned and maintained by the City of Oak Park Heights . Aside from the ' utility of access the alley provided adjacent landowners it provided little to the remainder of the market . In its present state there is deemed to be very little demand, other than to adjacent landowners . HIGHEST AND BEST USE: ' This is generally defined as the reasonable and probable the highest p e use that g present value as defined as of the date of ' the appraisal . Alternatively, the highest and best use is the use from among reasonably probable and legal alternative uses found to be physically possible, appropriately supported, financially feasible and which results in the highest present land value . ' Land: The subject is zoned R-2 low to medium density residential . ' Formerly the alley provided access to the rear of lots fronting 60th Street between Panama and Oxboro. As of the date of viewing and the appraisal these homes have been removed to facilitate ' Washington County Government Center parking lot expansion. Recognizing that the utility the alley once provided residential user' s has ended, also with consideration to future upgrade of ' Highway 36 and requirements of the county to provide adequate facilities, it is our opinion that subjects highest and best use is a public use. 7 I1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' MARKET APPROACH The Market Data Approach is based on the , principal of substitution, which notes that "when a property is replaceable in the market, its value tends to be set by the cost of ' acquiring an equally desirable substitute property, assuming no costly delay in making the substitution. " In this approach, ' properties of a similar nature which are sold within a reasonable length of time are collected. Adjustments are made to these ' sales when needed, and the appropriate units of value are applied to the subject property to arrive at an estimate of value . 1 1 I 1 I 8 1 1 I 1 1 1 1 1 1 1 I II Land Sales: II #1 LOCATION: 3312 Pioneer Place I LEGAL: SITE SIZE: Lot 10 Block 5, Liberty on the Lake 3rd. 116 X 126 X 84 X 154 = 14, 000 . SALES DATE: 2/20/2004 I ZONING: SFR SELLER: Todd Allen Homes UTILITIES All IICOMMENTS : Corner Liberty and Pioneer. A level lot served with all utilities . Some tree cover, various II species includes birch and evergreen. Construction not yet started. SALES PRICE: $92 , 000 $6 . 57 PSF 1 I 1 1 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I , , I COMPARABLE SALE#1 I I 1 '' .� ..s, c rx fr ' . ', J.,, A, ,H,,yy 'OFF . R f 5I"`g t't ,,�5 `ifs I . r + 4 1 I I I I I ' , #2 I LOCATION: LEGAL: Eagle Ridge Trail Lot 2 , Block 1, Neal Meadows 3rd Addition. SITE SIZE: 88 X 163 = 14 , 344 I SALES DATE: ZONING: 7/15/2003 SFR SELLER: Manchester Homes I UTILITIES All COMMENTS : NW corner Eagle Ridge and Neal . A fair amount of traffic on Neal Avenue which has stop signs . I Consistency of design & Development . SALES PRICE : $84 , 900 $5 . 92 PSF I II I I 11 I I I I I II I 10 I I COMPARABLE SALE#2 I '_.i:1 I i I I ---- .� w y "e"m= FraawnwiJ ` r.\ r 171 fl ( r I Y . r , 1 1 i I $� ;� t ':--dnd I I I I I I I #3 II LOCATION: 333 Laurel Street LEGAL: Lot 8 Block 5, Sabins Addn. 3rd Ward. SITE SIZE: 60 X 152 = 9, 120 I SALES DATE : 8/18/2004 ZONING: RB-2 SELLER: Gorder I UTILITIES All COMMENTS : This lot is in a vintage neighborhood of homes of mixed ages . Some older some newer. Typically I modest improvements . The site slopes off to a walkout, overlooks a ravine with a creek & bicycle path. I SALES PRICE: $95, 000 $10 .42 PSF II I II II II II II I I II II 1 11 I I COMPARABLE SALE#3 I I . .. . .v., ' *.141Ev ;4: •,;•A L ....-..."' , 1,-,, fi9 ,,::;' :' 4, .03" ' ,''No *` .. * ,..'', ' '1( I , , ,,,,, t, . ' :,' ,,, , > ,:::',,,'ve ;'q• ' ".-1 \ `', - 4i *. • , .'c.r.:4,,,.- ,,,..i.,. ..,..b,, .i.,-.4.-'.. — ,,,iitW'r.It. -.Y` .:.. - • ',,44',,,„„c4,4,4;- ,-..-., .'• k.. ..-- - ,,.• -- ,:,,-, 4 :..,, ,. : ..- .- . , f , •, -,. , A.::- . .tf...- ,e. I 4,.. %.tt,' ,..,,,,.- . ,, ,,,,,- . , • -., , i , ,,,r,,, . - ,,:.:, .e. .,....014-: --4 ," ,- , . s Or,,s,' k , ' ' ' 0' ' ' .t" *;:'....;/•': '''', .'Of';'s '-f —s ', 0' 0 '-' .'''-' .'...'*:.•' .hr " '...,- . "`.. . '-'...4. I 1. ...., . „....,......4 . ... . re'■••■;.(-- 4:,('''y ' ' ,.2, 4. f' • , t 1 ' - • . • ..• .. c • ., --‘14,'CI,' 0. •;', 0 ' ..'Z''44 ic. , •. - 1 I , . . , ,•,,. - a, '01 1 N 10 . ,,=.... „ trik. . -, , •,410,..,., ...... ..,,., ...,.. „„.. „„ . , , . ,4„..,,,,,, • — - r.4... ' , - „4:-:.' ' ' ' -,,,,,,,,,; ...„,..' ='-"',••,4?-.- ''....- II "I .... „ . , 111 111 I I I 1 I I I #4 I LOCATION: 3174 Summer Fields LEGAL: Lot 18 Block 1, Liberty on the Lake 4th SITE SIZE: 73 X 130 X 126 X 146 = 13 , 731 I SALES DATE: 9/10/2003 ZONING: SFR BUYER: Kllemhagen I UTILITIES All COMMENTS : A level lot, backs to elementary school playground. Just south of Rutherford Elementary, Liberty on the ILake, 4th Addition. SALES PRICE: $94, 000 I $6 . 85 PSF PHOTO II II II II II II II II II II II II 12 I I COMPARABLE SALE#4 I I I* t 14, • 4. - Al' .- ` 'If + ' 4, rn V6 1 . in I I I I I I I I I I a) ■ I I I [*+ o .0 a+ u) o A U O O O ko Id I H N \ -r-+ o ,H ' •n in � o >C N b -� A 00 a co 4 L77 Z ) I m 0 o H • 0 0 in rn in o rn in Cr) lD yO Q �, o rn CO N Ln I \ G Cr) a) 0 Cz rn m •t'1 rn Cl) H H Q L7 m �r rn- H -in- . I o O 0 N \ p • 0 d N HH (2 H 00 O Q Ln o 0 ‘..0 Ln H I \ 4.4 \ 0 (IA Ol H co co d' cn I Co Cl) 01 3 C. u) -Tn. IC o in di Ol N N in N LC) N m H P; m 0 0 Q .q' 0 N [� Ill \ C.14 d' a) a) 0 CT.r co in rn IN I N Cn H tx Q L7 CO -CO- VI H cti 0 O O • O I \ O f31 H O N N (Yl in 0 LC)ON Q' 0 I ra) 0 0 N Ol N N M N \ G-, d' � O 0 w rn w � irr HI N Cl) H H a L7 U] • • 1 up a) ai u w H w w f3+ W [�—+ � r-I O � CI) w w 0 P4 w Z 0 (l -H J 1 Q •w I c� •• Cl) w cn .. w CO \ H a) ni a) Ra 0 0 r-+ C H Q Z W C7 m g U) W U] 5 0 N (d a) •H 0 U) fx b W W H Q (31 0 W U W U J -H 0 -H •- Q.i 1-) 4-1 W I w u Q H ) N a U a H w C/) a h H - m cn U) 44 a 0 44 g I IIDiscussion of Sales and Adjustments Before: II The subject is an alley running east-west between Oxboro and Panama Street and across the rear of what was formerly a block of single family detached homes . Alleys are typically public II property serving the needs of adjacent land owners and rarely do they sell or trade . When an alley is vacated they are typically II split down the middle and each side accrues to the adjoining land owner. Recognizing that a cities infrastructure is interwoven in the fabric of the community we have analyzed single family, residential lot sales as a measure of value in this appraisal . IIThree of the sales cited are from newer developments in this market and one sale is from a seasoned neighborhood. Time elapsed since sale is adjusted based primarily on the change in median IIsales prices in this MLS District . The subject neighborhood is influenced to a certain degree by the IIproximately to Highway 36 which has a certain level of noise associated in addition to activity in conjunction with the Government Center. These conditions are the basis for the Ilocation adjustment performed. Sale # 2 is at corner of Neal Avenue, which carries a fair amount of traffic . Judged equal in this case . Sale #3 has an appealing walkout lot overlooking Iravine, creek and bicycle path a superior condition. There is often a inverse relationship between unit size and unit values IIwhich is the basis for the size adjustment in this case . A major component of the value of these sites is represented by the utilities to the site. For example water, sewer and electrical Iservice . There are no utilities present in the alley, only a bituminous overlay. The adjustment for special features, represent the value in the utilities and is adjusted on a dollars IIper front foot basis . superior characteristic common to all of the sales cited in that IA these sales are buildable lots marketed for development with single family homes . The subject, an alley with dimensions of 30 600 has a configuration that is extremely limited with respect Ix to development or alternative use . With this in mind we have adjusted for functional utility of the site based upon our Iexperience with properties of limited utility. In recognition of the limited potential and demand for this parcel we have reconciled to the lower end of the indicated range of Ivalue . In our opinion subject value as of August 25, 2004 was $2 . 50 PSF X 18 , 000 SF = $ 45, 000 . II 15 II II Special Consideration-after: Public streets, byways and alleys rarely sell or "change" hands and therefore a comparison analysis was undertaken considering former residential uses adjacent to the alley to form an opinion IIof value in the before position. There are court decisions however, that hold that there are circumstances in which a taking I can occur and no compensation is necessary. This situation arises where as a result of the taking, the property which was taken is no longer needed for its original purpose, nor is there a need for II a substitute property. For example, if a government unit took a street from a lesser government unit, but in the process took all of the other land that was previously affected by the street, thus eliminating the need for the street in the entirety the court has IIheld that no damages need be awarded to compensate the lesser unit of government fully for the taking. Indeed, at least one court decision held that what the greater unit of government has done is IIessentially a "favor" to the lesser unit of government in that it has relieved it of a burden that it used to have to maintain a Istreet that is no longer necessary. The subject "alley" formerly provide access to garage facilities II and rear of lots facing 60th Street . Subsequently all of the properties between Oxford and Panama have been acquired by Washington County and therefore there no longer is a need for an I alley since the original use has ceased. In recognition of this condition and some court decisions it is our opinion that the taking is not compensable . IRECONCILIATION: I In this appraisal we appraised the alley in the before position based upon value of adjoining land, not uncommon methodology in certain circumstances . However, of note there are court decisions I handed down that state certain takings by government agencies from another unit of government under certain circumstances is not compensable . This situation occurs when as a result of the I taking, the property which was taken is no longer needed for its original purpose, nor is there a need for a substitute . Clearly in this case, as we have shown all former uses of the alley it I providing access to garaging and rear of residential lots have ceased and there is virtually no demand for the utility the alley once provided. IITherefore it is our opinion the taking of the alley being appraised in not compensable . I I 16 ' Marketing Time : This alley is a unique commodity with a limited market . Respectfully submitted, William J. eterson, SRA, SRPA ' Certified Federal General Appraiser Minnesota License #4000619 1 17 1 ADDENDUM 1 1 1 1 1 1 1 I ' , 1 1 CREEIi�DE� - IT n. rE _ / E.wD» C . "yHp 8I A, = `I \,1 i ti(--. Lx '' 3 121" a zl St woo co i 4 LE "ENE' '..- T/SNERRII)LL %F4 ,sz t I to Air >F + LN 'MckNsid' ,BDOIIf., ,yyyy��Ld _ r �p UTN _t 1.BIIEEII TIME E T .NENA DR� T' `..,L t MRE,pM/ A E :<NR911AC1®1 WA'i j BTp A- -"y"�111�: sue/ E remnrr T T� N 70. 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Ill." . . *4" r a. tip' ri.v '44 r „ oe rb. : E, • ! ar * U., — Tf.. ,,,,,,,,,,:, :111.. , _ .•1 , ,b,..s. � t "S 11111. �, 44' N !�'n Aw.. I - I' No, 165673 STATE DEED tinder Minnesota Statutes,Section 282 01 Subdivision I. 111111111•■•■11111111■1■111■11=•111=11d11■•■•••■■ STATE OF MINNESOTA 113 Tax statements for the real property de- scnbed in dill immanent*Quid be sent to: Nmne: The city of Oak Park Heights do La Yonne Wilson, Clerk-Administrator A!die5. City Hall ill ...........-- —....... Oak Park Heights• Minnesota 111 i:; -17.'7.-.7 17.! • ,‘ • — --T• 7.7r-Z -,171 `44 AC: '; :-- ..'': .. .V.• '- '. •■i'.; ';c. ..\DTA , I --.7.-7)*-10- • a'Zi . . ,'1...Z57- 1-; H. :.)-1.• , . .,...,... .;,-■.,-.:R ,,!, .. DEPUTY I eV C2141661.46*.412111diglIt' I .enroP■. .... INIMOIMIs111/N OFFICE OF REGISTER OF DEEDS I 0 F t: ;497206 (; 1141( C' NTY.MN 1 CiR ,'.t. . th',;/.!" '-' le Nov15 t2 07 ill. '8S - , I mc . 497206 1.1 I _ ...—OrPUTY Z.. . I ,,7 - i Mir gill• . I -_ - A ' I .,.:..1[. 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I PERTINENT INFORMATION — OAK PARK HEIGHTS—ALLEY Owners: City of Oak Park Heights c/o Eric Johnson City Administrator 14168 Oak Park Blvd. Oak Park Heights, MN 55082-2007 Legal Part of Lots 16 through 30, inclusive, Block 5, McMillan & Cooley's Description: Addition, being the South 30 feet of the North 50 feet of said lots (Auditor-Treasurer's Plat/Parcel 60955-2250) Acreage: .41 acres Allowed Use: Other (alley) 1 Geo Code: ,33.030.20.44.0012 I 1 I 1 /The MN Department`of Employment and Economic Development 'Community rofile for 1 ' a —Trade &— EConomic Oak Park Heights, Minnesota Development www.deed.state.mn.us Show Map II Overview ILocation County: Washington ' Region: East Twin Cities Metro Distance from Minneapolis: N/A Distance from nearest MSA*: 0 Miles from Minneapolis-St.Paul MSA 'US Congressional District: 6 MN Legislative District(s): 56A Web site: www.cityofoakparkheiehts.com Last Updated: 9/6/2002 Population Area 2002 Estimate 2000 Census 1990 Census Community: 4,329 3,957 3,486 County: 210,724 201,130 145,858 Nearest MSA: 3,062,944 2,968,806 2,538,776 I Minnesota: 5,033,661 4,919,479 4,375,099 Source.U.S.Census,State Demographer *Metropolitan Statistical Area IMajor Employers Employer NAILS Products/Services Employee Count I Andersen Window Corporation 2381 Foundation,Structure&Bldg.Exterior Contractors 300 MCF-Oak Park Heights 9221 Justice,Public Order,&Safety Activities 280 Stillwater Area High School 6111 Elementary&Secondary Schools 215 I Routson Motors 4411 Automobile Dealers 160 Rainbow Foods 4451 Grocery Stores 125 Wal-Mart 4539 Other Miscellaneous Store Retailers 125 Stillwater Motors 4411 Automobile Dealers 105 United States Postal Service Carrier Annex 4911 Postal Service 100 Xcel Energy-Allen S.King Plant 2211 Electric Power Generation,Transmission&Dist. 100 4237 Hard.,&Plumb.&Heating Equip.&Supplies 60 Menards Merchan View All Employers 1 I 1 1 I Workforce Washington County Metro Council(11) Econ Der Region ITotal Employment 117,630 1,562,609 Available Workforce 122,685 1,638,125 Unemployment Rate 4.1% 4.6% ISource:DEED-Labor Market Information:LA US Annual Average 2003 I . Employment By Industry Washington County Metro Council(11) Econ Der Region INatural Resources and Mining 768 3,233 Construction 4,023 71,463 Manufacturing 11,303 188,096 ITrade,Transportation and Utilities 14,312 308,474 Information 682 42,365 Financial Activities 5,583 134,448 Professional and Business Services 5,418 233,912 Education and Health Services 7,133 188,914 Leisure and Hospitality 9,511 139,097 Other Services 2,459 54,978 Government 9,153 194,126 N/A-No Data Available Source:DEED-Labor Market Information:CEW Annual Data 2003 (upations and Wages in Seven County Mpls-St Paul,MN Job Title Wage/Hr Job Title Wage/Hr 1hitecture and Engineering Occupations $27.35 Healthcare Support Occupations $12.64 11 s,Design,Entertainment,Sports,and Media Occupations $20.19 Installation,Maintenance,and Repair Occupations $19.66 Building and Grounds Cleaning and Maintenance Occupations $10.61 Legal Occupations $31.69 iness and Financial Operations Occupations $25.05 Life,Physical,and Social Science Occupations $25.78 unity and Social Services Occupations $16.58 Management Occupations $41.86 omputer and Mathematical Occupations $30.64 Office and Administrative Support Occupations $14.68 t struction and Extraction Occupations $24.63 Personal Care and Service Occupations $9.95 cation.Training,and Library Occupations $18.86 Production Occupations $15.18 ming,Fishing,and Forestry Occupations $10.67 Protective Service Occupations $13.39 Food Preparation and Serving Related Occupations $8.24 Sales and Related Occupations $13.07 lthcare Practitioners and Technical Occupations $25.05 Transportation and Material Moving Occupations j $14.02 tew All Occupations and Wages I Source:DEED-Labor Market Information:OES Second Quarter,2004 I I I lities . , fity Type Utility Name Utility Phone Contact Contact Phone Electricity Xcel Energy (800)642-6066 Ken Stabler (612)330-5834 ural Gas Xcel Energy (800)642-6066 Ken Stabler (612)330-5834 stewater Metropolitan Council Environmental Svc (612)222-8423 Jeff Syme (612)229-2109 ter Information Wastewater Information Water Source: Wells Treatment Type: Mechanical Plant ICaparage Capacity: 750,000 gal. city of Plant: 3,000,000 gal./day ping Capacity: 850 gal./minute Average Demand: 4,500,000 gal./day , verage Demand: 550,000 gal./day Peak Demand: 2,900,000 gal./day P k Demand: 900,000 gal./day Usage Charge: Base chg.$3.50/qtr.;$1.95/1,000 gal.> 15,000 ga al Water Hardness: 236 ppm In ustrial Water Rate: Base chg.$18.30/qtr.;$.95/1,000 gal.> 15,000 ga Immunications Telephone Information al Telephone Company: US West Communications phone Number: (800)603-6000 Contact: Karen Jothen phone Number: (612)663-5675 • ital Central Switch: Yes Equal Access Market: , Yes nded Area Service: t Yes Yes ustomized Local Area Services: Yes rent Technologies: - ISDN I rnet Service L al Public Internet Access Site: No Multiple Internet Service Providers: No id of Service: D Certification as E-Commerce Ready: No spapers Information ,spaper Name Telephone Frequency 41 Courier News (612)430-3037 Weekly S Croix Valley Press (612)429-7781 Weekly water Gazette (612)439-3130 Daily Additional Telecommunication Providers T�communication Type Provider Name Phone Commercial Transportation & Shipping 1 hway Information I state Miles From Community Load Limit in Tons Seasonal Limit In Tons I-694 6 I-Lane Miles From Community Load Limit in Tons Seasonal Limit In Tons MN-36 Within 5 Within N 95 Within r Miles From Community Load Limit in Tons Seasonal Limit In Tons 15 0 10 10 CO-21 1 10 10 C123 0 10 10 CI124 0 10 10 CO-67 0 10 10 ck Information ruck Lines: 334 ivck Terminals: 0 igable Water Information ater Name Depth II Information r-Modal Facility: Yes Inter-Modal Facility Distance: 0 miles ill Line Frequency Reciprocal Switching Distance to Main Line .Passenger Service Union Pacific Daily Yes 0 No iService Information International Local Regional lle Mpls./St.Paul Intl.Airport Lake Elmo Airport anon Bloomington Lake Elmo Miles to 25 2 gest Runway Length 10,000 Feet 2,500 Feet ace Type Paved Paved Lighted Yes Yes tons Yes No ice Type Charter,Commercial,Freight,Jet Navigational Aids BEACON,DME,ILS,VOR/DME , BEACON 'ther Info Systems AWOSA/MNWAS,SAWRS AWOSA/MNWAS or Airlines American,Continental,Delta,Northwest,TWA,United Airlines,US Air y Flights To MSP-Minneapolis-St.Paul Intl.: 1 Additional Commercial Transportation Providers T• sportation Type Provider Name Phone Housing& Commercial Activity IHousing Information Single Family Units: 718 Percentage Owner Occupied: 62 Multiple Family Units: 642 Median Sales Price: --- IMobile Homes: Median Assessed Value: --- Number of Units Built Since Last Census: Median Rent: $482 Number of Residential Building Permits for: Vacancy Rent: 4 IValue of Residential Building Permits for: Source: US Census ICommercial Activity Information Number of Commercial Building Permits for: IValue of Commercial Building Permits for: Number of Public Building Permits for: Value of Public Building Permits for: IRetail Sales Information Year Community Sales County Sales I2000 $0 $2,158,900,641 1990 $25,509,968 Source:MN Dept.of Revenue II Business & Community Services ancial Institutions Information Name Phone Total Assets Capital as%of Assets t State Bank of Bayport 651 439-2655 w All Financial Institutions Bing&Meeting Facilities Information acility Number of Facilities Facility Size Teleconferencing Teleconferencing Available Available Available to Public el 3 109 rooms Yes Yes tel 12 178 rooms Yes Yes Conference Center 2 Yes Yes iditional Lodging&Meeting Facilities Facility Type Facility Name Phone L cal Medical Facilities Information IF ilin�Type Nbr of Facilities Total Nbr of Beds Telemedicine Available is 1 tilt No 1 No Doctor 0 No petal 0 No sing Home 0 Yes Ie of Nearest Hospital(if none in community): Lakeview Hospital,Stillwater s to Nearest Hospital: 2 itional Local Medical Facilities ility Type Facility Name Phone Telemedicine Available Assisted Living Boutwell's'Landing (651)439-2200 Yes L al Transit Information � Service Available Service Available I r-Community Bus Yes Taxi/Cab Yes I -Community Bus Yes Disabled Transportation Yes ijr al Transit Providers nsit Type Name Phone Disabled Transportation HSI Transporter Iir-City Bus Greyhound I r-City Bus Jefferson Intra-City Bus MCTO I -City Bus Minnesota Valley Transit Auth i/Cab Stillwater Taxi jrary Information to Phone Internet Access Metropolitan Regional Library No VII hington County Library Yes ship Information t ship Type Worship Name Phone Membership urch Calvary Assembly of God 651 439-7238 Church First Presbyterian 651 439-4380 , r reation Information Facilities 1vling Alley,miniature golf,virtual golf,2+miles of public trails,parks,recreational activities on St.Croix River. Festival/Arts I Lertown&Fall Colors Arts Festivals;Music on the Waterfront;Garage Sale Day; local shopping mall presents:craft show,sportsman's show,antique show,holiday ion show,baseball card show. ice Organizations mber of Commerce,VFW,Eagles,Lions,Business&Professional Women. Education I Post-Secondary Information Nearest Technical College&Specialty Location Miles To 12 Nearest Community College&Specialty Location Miles To I I Nearest Public College/University&Specialty Location Miles To 25 Nearest Private College/University&Specialty Location Miles To University of St.Thomas St.Paul and Minneapolis 20 I The University of St.Thomas is a comprehensive,co-educational,Catholic university.It seeks to develop morally responsible individuals who combine career competency with cultural awareness and intellectual curiosity.In its undergraduate program,the university is committed to the development of the student through a liberal arts education within the living Catholic tradition and through a high degree of personal attention in a spiritually and intellectually stimulating campus environment.Graduate programs emphasize the integration of theory with practice,enhance the Iprofessional competence and ethical judgment of their students,and foster personal growth and an appreciation of lifelong learning. Telecommunications Use Available at Area Post-Secondary Institutions: Yes ILocal K-12 Information School Type Nbr of Schools Enrollment Grades Pupil/Teacher Ratio I Elementary Middle School Junior High ' Senior High 1 2,300 10-12 17:1 Private/Parochial ISchool District: Stillwater Telecommunications Use Available at Local K-I2: Yes High School Graduates Attending Post-Secondary: 81% IState Wide Average: 65% Education Institutions IEducation Type Name Phone I ernment ' tructure Information anization: Mayor\Council get: $1,950,000 unity Bond Rating: Moody's--A Comprehensive Land Use Plan: - Yes ally Controlled Loan Program: No ycling: Yes Fire Insurance Rating: 6 I�strial Plans Approved By: City Council lie Protection Services ice Type Regular Part-Time Volunteer Seasonal Fire --- --- 25 --- P ce 9 2 --- --- riff --_ __ T --- Pliperty Taxes- Payable 2004 Property Tax Information Assessed Market Value Information Tax Rate e e 54.45% Commercial $106,422,733 icipal Tax Rate 35.50% Residential $223,054,600 County Tax Rate 33.30% Other $77,287,867 01 Tax Rate 26.66% 110 c.Tax Rate 5.85% Total Tax Rate 155.76%Total $406,765,200 nesota commercial real estate taxes are based upon market value of taxable property as set by the local assessor.To compute the tax for the year 2004,first l� compute the tax capacity by multiplying all property value up to$150,000 times.015,plus any value over$150,000 times.02.Tax capacity times the tax rate equals s owed. In some localities where voters have approved referendums,an additional referendum tax must be added,calculated by multiplying the referendum tax r times the total market value of the commercial property. t tax capacity on a$200,000 business property:($150,000*.015)+($50,000*.02)=$2,250+$1,000=$3,250 Sirce:League of Minnesota Cities based on Minnesota Department of Revenue tax abstracts. Commercial Buildings and Land Sites lding Name Type of Building Contact Name gelress Total Bldg Sqft Organization 'City,State Zip Code Photo Total Available Phone Number Land Site Space Available Contact Name la Address Build To Suit Organization State Zip Code Zoning Phone Number Photo er of Hi hwa 5&58th Street 11.8 Acres Kim Meyer SWQ Highway 36&Highway 5 United Properties BO Park Heights,MN 55082 (952)831-1000 I I I loomi Development Services Economic Development Authority: Yes Incentives 0 using Redevelopment Authority: No Tax Increment Financing. unty Development Corporation: No amber of Commerce: Yes �nAuthority: tact Information Kris Danielson David Beaudet Christine White mmunity Development Director Mayor President of Oak Park Heights Oak Park Heights,City of Stillwater Area Chamber of Commerce 68 Oak Park Blvd N,P.O.Box 2007 14168 Oak Park Blvd N,P.O.Box 2007 Brick Alley Bldg Oak Park Heights,MN 55082 Oak Park Heights,MN 55082-2007 Stillwater,MN 55082 11)439-4439 (612)439-4439 (612)439-7700 Economic Development Organizations te Name Phone Fax o City of Oak Park Heights 651 439-4439 651 439-0574 Disaster & Emergency Services xc Phone Number(s) Fillic Safety emergency resources 1-800-422-0798 or metro 651-649-5451 Federal Emergency Management Agency Region V FEMA 312-408-5500 Ill Business Administration Disaster Resources Disaster Area Offices 404-347-3771 Inquiries regarding this community's data'go to Kris Danielson Print This Page-Contact Us Copyright©1999-2004 Minnesota Department of Employment and Economic Development All rights reserved.Information in this system is deemed reliable,but is not guaranteed. IRead Full Disclaimer I I I I I I I I U IMap , Page 1 of 1 Powered by NM!1A1PINES . I Your Map: Oak Park Heights NW N NE I 14 31E r Weston 5, m �-- 1., ;�. 1 — H)`, :'3t 4mi i 4khtn o Hugo tip= la �4I ( ?0206C ® eadonal I I — ` __ { withrowo i Arcolao ,JNew Richmond, mi 61 — 4, 35 1,1- _Bald 'Ole bite;Bear Lake *�'� .- I41) d 'a'rs-Heig,is 75th SQ tillwater b�*- Ho m•ns Corner r» 694' /36 ,.,.` 1, ----r-'`"– ' County Rd «' < • I , . we �"' w 4 Bayport Burkhardt E , h St. Paul , fY, I 36 e Ji ��55��i�{y �La`ke Elmo i 'North Hudson 6�;�,� city t y � iridvale oe, � �� : Y,.. dson I Sb�T;junction 10 j b-; .kda le I �� �A _ o I 253, I Oak II® yhores'.---- k -... L-ilyd'al- ' Mt rro .I t ti I 6` , �4r� �..1 ood ury Afton QGlotrer H -I I- street I F l �' ,�, h.5t.Raul 95 .z zoom level 02004 Mapquest.com, Inc.;020D4 GDT, Inc. t .. _ SW • S SE I Q. ra .:,,i; These maps/directions are informational only.No representation is made or warranty given as to their content,road + ►}, conditions or route usability or expeditiousness.User assumes all risk of use.MapQuest,Minnesota Department of Trade and Economic Development,and their suppliers assume no responsibility for any loss or delay resulting from such use. zoom IYour Location; I Oak Park Heights MN Find A New Location .. )Oak Park Heights Address/Intersection City IMN US IState ZIP code Country Map IMapQuest.com,Inc.Tertns of Use and Copyright Information I I 1 I http://www..../mginterconnect.exe?name=Oak+park+Heights&fc=Oak+Park+Heights&fs=M 8/24/04 ISO hone e166 n Rev 9.791 • R V.0267241 497206 I STATE OF MINNESOTA DEPARTMENT OF REVENUE CONVEYANCE OF FORFEITED LANDS I (Issued pursuant to Minnesota Statutes.Section 282.01,'Subdivision i) ' THIS INDENTURE,made this 15th day of November 19 85 , between the State of Minnesota.as party of the first part.and The City of Oak Park neigh* , a Governmental Subdivision , as party of the second part, WITNESSETH: WHEREAS,the land hereinafter described was duiy forfeited to the State of Minnesota for the nonpay- I ment of taxes,and, WHEREAS, pursuant to Minnesota Statutes Section 282.01, Subdivision 1, the party of the second part has applied to the Commissioner of Revenue for the conveyance 3f lands hereinafter described to be I used by it exclusively for alley pceprs ec ,and, WHEREAS, the Board of County Commissioners of the County of Washington , State of Minnesota, has recommended to the Commissioner of Revenue by resolution adopted on th I _ 5t'_day of November -.19. &,that such conveyance be made, NOW,THE..EFORE.The State of Minnesota,pursuant to said laws and in consideration of the prem- ises, does hereby pant, bargain, sell and convey unto the party of the second part,forever,all the tracts I or parcels of land'lying and being in the County of tiasttingrnn State of Minnesota, described as follows,to-wit: I , Part of Lots 16 through 30, inclusive, Block 5, McMillan & Cocley's Addition, being the South 30 feet of North 50 feet SD lots (Auditor-Treasure 's Plat/Parcel 60955-2250) , I I TO HAVE AND TO HOLD TiIE SAME,together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part so long as it shall con- tinue tinue to use said land for the purpose aforesaid, and upon condition that if such use shall cease said land shall revert to the party of the first part as provided by law. No deed tax will be payable on this conveyance. I IN TESTIMONY WHEREOF, the State of Minnesota,party of the first part, has caused this deed to be executed in its name in the City of St. Paul, Ramsey County, Minnesota, the day and year first above written. I In presence of: STATE OF MINNESOTA T. J. TRI _ P �, �L1 Co issioner of Revenue'; (�\ - _ By: .e..∎.,,-...2_' \ ,...^..., STATE OF 14 INNESOTA- 1 I )ss. County of Ramsey ) On this 15th day of November — . 19.85 , before me personal1) appeared DENNIS J. EP.NO, Assistant ,Commissioner of Revenue of the State of Mhuneaota, to me known to be the person who executed the foregoing conveyance in behalf of the State of Minnesota,and acknowledged that he executed the same as the free net and deed of said state pursuant to the statutes in such ease made and eruvided:.... . , , . This Instrument wee DPelted bV D;,1- /, ', " 1 The Commissioner of Symms State of Minnesota Department of Rev-nua St Paul.Minnesota 65149 „ „ , i / INIMININIIIr IMap ' Page 1 of 1 Powrr•d by MA •QVE$' - I Your 'Map: Stillwater NW N NE I �Ma 4 T - P \I 3 i �� - - 4km4mi qp 4 �� --Huntington: ,� " iStanton t M,hlit- ® 0 ugo �,� 95 Johannesburg m o as r 1- 9' i ! Withrow 0 R-1 Arcola ; x 3_, LNew Richmond I _ d agle r' bite: ar Lake r r }C _; A G _,,Bb., l-5 He,Ig is 75th St f iIlvua er f W X545 • Amps' ■ E Gh In orner 111 ,a _ � � c , bounty,Rd `� sa ?_ ort Burkhardt �INI� St Paul i Z}, Yp x 65 4111„,, S r� r.y. Pt?r ..1 Elmo y? 2"ri.4i"91i Palk ®, kdale: dson --I.-4 - Riliktrrit c) 1 111F ' keland hores--- r -�- ;- !..�,-,` — 1 r.. , - -' FF V, y - —L fp- i IF F� • 56 ■1 .}y 4i cJi16101'y I o�ilo4er �� zoom level Aft o n ®2004 Maria uest.co m, Inc.;02004 GUT, Inc. _= ;' r— SW S .�,1 :::.: -. SE IThese maps/directions are informational only.No representation is made or warranty given as to their content,road ate', if conditions or route usability or expeditiousness.User assumes all risk of use.MapQuest,Minnesota Department of Trade and Economic Development,and their suppliers assume no responsibility for any loss or delay resulting from such use. ZOOM IYour Location: Stillwater MN IIFind A New Location I !Stillwater Address/Intersection City IMN 1 lUS IState ZIP code Country Nap IMapQuest.com,Inc.Terms of Use and Copyright Information 1 A I I httn://www.mnpro.conl/scrints/mainterconnect.exe?name=Stillwater&fc=Stillwater&fs=MN 9/2/2004 Community Search Results Page 1 of 1 ' Minnesota Department of Employment and Economic Development Community Profile Results on MNPRO Show Map Community Latest Population Figure Primary Contact Contact Phone ' County Distance From Twin Cities Contact Organization DTED Region Stillwater* 16,109 (2002) Diane Rollie 651-439-4001 Washington N/A Stillwater Area Chamber of Commerce East Twin Cities Metro * - Indicates a complete profile. Print This Page - Contact Us Copyright©1999-2004 Minnesota Department of Employment and Economic Development 1 All rights reserved.Information in this system is deemed reliable,but is not guaranteed. Read Full Disclaimer 1 1 1 1 1 1 1 1 1 1 1 h ttP://www.mn ro.com/communit search2.as 9/2/2004 P Y_ P IMinnesota Community Profile Page 1 of 8 1 1 Format Page for Printing I T4 6pt Adobt Reader IThe MN Department of Employment and Economic Development I Community Profile for • • aonor is Development Sti I (water, Minnesota 1 www.deed.state.mn.us IShow Map Overview I The same mid-1800's homes and downtown built by the lumber barons of an earlier era,are preserved today and serve as bed and breakfast inns,boutique and antique shops for today's visitors from all over the world. Stillwater has a unique charm that draws people back again and again. It is known for its fun and excellent restaurants from many Iethnic backgrounds,elegant and informal alike. Location ' County: Washington Region: East Twin Cities Metro Distance from Minneapolis: N/A I Distance from nearest MSA*: 0 Miles from Minneapolis-St.Paul MSA US Congressional District: 6 MN Legislative District(s): 52B56A .. I Web site: N/A Last Updated: 9/24/2002 Population I Area 2002 Estimate 2000 Census 1990 Census Community: 16,109 15,143 13,882 I County: 210,724 201,130 145,858 3 Nearest MSA: 3,062,944 2,968,806 2,538,776 Minnesota: 5,033,661 4,919,479 4,375,099 ISource:U.S.Census.State Demographer *Metropolitan Statistical Area I Major Employers Employer NAICS Products/Services Employee Count Executive Legislative,&Other Gen. I Washington,County of 9211 970 Govt. Support Stillwater Public Schools-ISD#834 6111 Elementary&Secondary Schools 920 UFE Inc 3252 Resin, Synth.Rubber&Art. Synth. 800 Fibers&Fil.Mfg. Cub Foods 4451 Grocery Stores 550 Lakeview Hospital 6221 General Medical&Surgical I 457 Hospitals Design Fabricated Parts Inc 3363 Motor Vehicle Parts Manufacturing 330 htt ://www.mn ro.com/detail .as P P p P 9/2/2004 IMinnesota Community Profile Page 2 of 8 I . Scientific Research&Development 250 DiaSorin 5417 Services Target . 4521 Department Stores 197 I Navig.,Meas.,Electromedical& 50 WR Medical Electronics 3345 Control Instrum.Mfg. Lonnie Lovness 3399 Other Miscellaneous Manufacturing 24 I . Newspaper,Periodical,Book,& 24 Stillwater Gazette Inc 5111 Directory Publishers Machine Shops;Tumed Prod.;& 18 Ideal Tool&Machine 3327 Screw,Nut&Bolt Mfg. ICopy Cat Digital Imaging Ctr 3231 Printing&Related Support Activities 15 K-Sun Corp 3231 Printing&Related Support Activities 15 I Heritage Embroidery&Design 4243 Apparel,Piece Goods,&Notions 14 Merchant Wholesalers View All_Employers I Workforce Database Connection Error. IUtilities Utility Type Utility Name Utility Phone Contact Contact Phone I Electricity Northern States Power Co (800)642-6066 Ken Stabler (612)330-5834 Natural Gas Northern States Power Co (800) 642-6066 Ken Stabler (612)330-5834 Wastewater Metropolitan Council Environmental Svc (612)222-8423 Jeff Syme (612)229-2109 I Water Information Wastewater Information Water Source: Wells Treatment Type: Mechanical Plant IStorage Capacity: 1,700,000 gal. Capacity of Plant: 4,500,000 gal./day Pumping Capacity: 5,000 gal./minute Average Demand: 3,000,000 gal./day I Average Demand: 1,500,000 gal./day 3,700,000 gal./day Peak Demand: Peak Demand: Usage Charge: Base chg. $2.40< 10,000 gal. Total Water Hardness: 200 ppm 1 Industrial Water Rate: Base chg. $12 50/qtr $1.25/1,000 gal. Communications ITelephone Information Local Telephone Company: US West Communications I Telephone Number: (800)603-6000 Contact: Karen Jothen Telephone Number: (612)663-5675 I Digital Central Switch: Yes Equal Access Market: Yes Extended Area Service: Yes I Custom Calling Feautures: Yes Customized Local Area Services: Yes Current Technologies: I Internet Service Local Public Internet Access Site: No http://www.mnpro.com/detailp.asp 9/2/2004 IMinnesota Coi'nmunity Profile Page 3 of 8 1 Multiple Internet Service Providers: No Speed of Service: I DTED Certification as E-Coriunerce Ready: No Newspapers Information Newspaper Name Telephone Frequency I Minneapolis Star Tribune (612)673-4000 Daily St.Paul Pioneer Press (612)222-5011 Daily Stillwater Gazette (612)439-3130 Daily IThe Courier News (612)430 3037 Weekly The St. Croix Valley Press (612)429-7781 Weekly I Additional Telecommunication Providers Telecommunication Type Provider Name Phone I Commercial Transportation & Shipping Highway Information Interstate Miles From Community Load Limit in Tons Seasonal Limit In Tons I-35E 15 I-494 10 II 1-694 10 I-94 7 Four Lane Miles From Community Load Limit in Tons Seasonal Limit In Tons MN-36 Within Other Miles From Community Load Limit in Tons Seasonal Limit In Tons MN-5 0 I MN-95 0 Truck Information Truck Lines: 334 ITruck Terminals: 0 Navigable Water Information I Water Name Depth St. Croix River 10 Feet Rail Information I Inter-Modal Facility: No Inter-Modal Facility Distance: 25 miles 111 Rail Line Frequency Reciprocal Switching Distance to Main Line Passenger Service I Air Service Information International Local Regional Name Mpls./St.Paul Intl.Airport Lake Elmo Airport I Location Bloomington Lake Elmo Miles to 40 7 http://www.mnpro.com/detailp.asp p pro.com/detailp.asp 9/2/2004 IMinnesota Community Profile Page 4 of 8 ILongest Runway Length 10,000 Feet 2,500 Feet Surface Type Paved Paved Lighted . Yes Yes ICustoms Yes No Service Type Charter, Commercial,Freight,Jet Navigational Aids BEACON,DME,ILS,VOR/DME BEACON Weather Info Systems AWOSA/MNWAS, SAWRS AWOSA/MNWAS Major Airlines American, Continental,Delta,Northwest,TWA,United IAirlines,US Air Daily Flights To MSP-Minneapolis-St. IPaul Intl.: Additional Commercial Transportation Providers ITransportation Type Provider Name Phone Housing & Commercial Activity Housing Information Single Family Units: 3,747 Percentage Owner Occupied: 75 Multiple Family Units: 1,315 Median Sales Price: --- ' Mobile Homes: Median Assessed Value: --- Number of Units Built Since Last Census: Median Rent: $459 Number of Residential Building Permits for: Vacancy Rent: 2 ' Value of Residential Building Permits for: ' Source: US Census Commercial Activity Information ' Number of Commercial Building Permits for: Value of Commercial Building Permits for: Number of Public Building Permits for: IValue of Public Building Permits for: Retail Sales Information I Year Community Sales County Sales 2000 $0 $2,158,900,641 1996 $261,050,075 $1,330,801,109 I1995 $229,183,757 $978,722,654 Source:MN Dept. of Revenue I Business & Community Services IFinancial Institutions Information Name Phone Total Assets Capital as %of Assets Norwest Bk MN NA $15,453,887,000 7% IUS Bank $14,566,983,000 8% Firstar Bk of MN NA $1,229,633,000 8.6% htt ://www.mn ro.c p p om/detailp.asp 9/2/2004 IMinnesota Community Profile Page 5 of 8 IViev, All Financial Institutions. I Lodging&Meeting Facilities Information Facility Number of Facilities Facility Size Teleconferencing Teleconferencing Available Available Available to Public I Hotel 1 42 rooms No No Motel 3 161 rooms No .No Conference Center 3 392 rooms No No IIAdditional Lodging&Meeting Facilities Facility Type Facility Name Phone I Local Medical Facilities Informatton I Facility Type Nbr of Facilities Total Nbr of Beds Telemedicine Available Clinic I Yes Dentist 30 No I Doctor 42 No Hospital 1 90 Yes Nursing Home 3 289 No ' Name of Nearest Hospital(if none in community): Miles to Nearest Hospital: IAdditional Local Medical Facilities Facility Type Facility Name Phone Telemedicine Available Local Transit Information I Service Available Service Available Inter-Community Bus Yes Taxi/Cab Yes Intra-Community Bus Yes Disabled Transportation Yes ILocal Transit Providers Transit Type Name Phone IDisabled Transportation HSI Transporter Disabled Transportation MCTO Inter-City Bus MCTO IIntra-City Bus St. Croix Valley Transit Taxi/Cab Airport Taxi ITaxi/Cab Stillwater Taxi Library Information I Name Phone Internet Access Metropolitan Regional Library No Stillwater Public Library No I Worship Information 1 h ://www.mn ro.com/detai ttP p 1p.asp 9/2/2004 Minnesota Community Profile Page 6 of 8 IWorship Type Worship Name Phone Membership - I Recreation Information Facilities Lily Lake Arena--indoor hockey,ice skating.Lily Lake,Croixwood, Staples Field--tennis courts. Croixwood O'Brien Field--ball fields. Old Athletic Field--ball fields.Parks. Festival/Arts I Rivertown Arts Festival,Arts and Crafts Show,AAUW Antique Show,RTR Historic Homes Tour,Valley Chamber Chorale,Grand Theatre--Half Moon productions, Lumberjack Days. I Service Organizations American Legion,VFW,Boy/Girl Scouts, Camp Fire Girls,4-H,Chamber of Commerce,Elks,Jaycees,Lions,Masons, Rotary,Garden Clubs,Historical Society,Nat'l. Organization for Women,Rivertown Restoration, Senior Center,United Way,Red Cross IEducation Post-Secondary Information INearest Technical College&Specialty Location Miles To Century College White Bear Lake MN 10 Century College offers a solid liberal arts and sciences program designed for transfer to four-year institutions I and over 60 challenging technical and occupational programs.Accounting Auto Body Technology Automotive Service Technology Business Administration Business Management Chemical Dependency Computer Applications/Office Technology Computer Science Cosmetology Criminal Justice Dental I Assistant Dental Hygiene Emergency Medical Services Engineering Engineering CAD Technology Facility Systems Technology Heating,Ventilation,and Air Conditioning Technology Human Services Information and Telecommunication Technology Interior Design Kitchen and Bath Design New! Law Enforcement Machine Tool Technology Marketing Medical Assistant Microcomputer Support Technology Nursing-Basic and Accelerated Orthotic and Prosthetic Programs Pharmacy Technician Quality Technology Radiologic Technology Sports Facilities Management New! Visual Communications Technologies Women's Studies Nearest Community College&Specialty Location Miles To INearest Public College/University&Specialty� Location Miles To IUniversity of Minnesota Minneapolis and Saint Paul Nearest Private College/University&Specialty Location Miles To I Northwestern College Roseville 20 Northwestern College exists to provide Christ-centered higher education equipping believers to grow intellectually and spiritually,to serve effectively in their professions,and to give God-honoring leadership in Ithe home,church, community,and world. Telecommunications Use Available at Area Post-Secondary Institutions: Yes ILocal K-12 Information School Type Nbr of Schools Enrollment Grades Pupil/Teacher Ratio I Elementary 4 2,915 K-6 Middle School Ih ://www.mn ro.co ttp p m/detailp.asp 9/2/2004 IMinnesota Community Profile Page 7 of 8 IJunior High 1 1,277 7-9 30:1 Senior High 1 2,001 10-12 IPrivate/Parochial 2 506 PreK-8 20:1 School District: I Telecommunications Use Available at Local K-12: Yes High School Graduates Attending Post-Secondary: 80% IState Wide Average: 65% Education Institutions Education Type Name Phone Government IStructure Information Organization: Mayor\Council I Budget: $15,000,000 Community Bond Rating: Moody's--A Comprehensive Land Use Plan: Yes ' Locally Controlled Loan Program: No Recycling: Yes Fire Insurance Rating: 3 ' Industrial Plans Approved By: City Council,Design Review Board,Planning Commis Public Protection Services ' Service Type Regular Part-Time Volunteer Seasonal Fire 7 26 --- --- I Police 17 6 -_- --- Sheriff 186 2 EMT 2 --- --- 12 IProperty Taxes- Payable 2004 Property Tax Information Assessed Market Value Information IState Tax Rate 54.45% Commercial $198,954,967 Municipal Tax Rate 52.64% Residential $1,002,524,300 I County Tax Rate 30.30% Other $15,365,080 School Tax Rate 26.66% Misc.Tax Rate 6.72% ITotal Tax Rate 170.78% Total $1,216,844,347 I Minnesota commercial real estate taxes are based upon market value of taxable property as set by the local assessor. To compute the tax for the year 2004, first compute the tax capacity by multiplying all property value up to$150,000 times .015,plus any value over$150,000 times .02.Tax capacity times the tax rate equals taxes owed. In some localities where voters have approved referendums, an additional referendum tax must be added, calculated by multiplying the I referendum tax rate times the total market value of the commercial property. Net tax capacity on a$200,000 business property: ($150,000* .015)+($50,000* .02)=$2,250+$1,000=$3,250 htt ://www.mn ro. p p com/detailp.asp 9/2/2004 IMinnesota Corhmunity Profile Page 8 of 8 ISource: League of Minnesota Cities based on Minnesota Department of Revenue tax abstracts. I Commercial Buildings and Land Sites Building Name Type of Building Contact Name IS Address Total Bldg Sqft Organization ' City,State Zip Code Total Available Phone Number Photo I Land Site Space Available Contact Name WI Address Build To Suit Organization Photo City,State Zip Code Zoning Phone Number IEconomic Development Services Economic Development Authority: Yes Incentives I Housing Redevelopment Authority: No The Stillwater Area Economic Development Committee(SAEDC) County Development Corporation: No promotes and supports the retention,expansion and establishment of Chamber of Commerce: Yes businesses that primarily market products and services to customers outside the SAEDC area.The SAEDC encourages residential and Port Authority: No commercial growth through planning assistance on site design,land use,needs assessment and other information. Contact Information ' Diane Rollie Jim Kellison Nile Kriesel Executive Director Chairman City Coordinator Stillwater Area Chamber of Commerce Stillwater Area Econ Dev Committee Stillwater,City of I Brick Alley Bldg Brick Alley Bldg 216 Fourth St N Stillwater,MN 55082 Stillwater,MN 55082 Stillwater,MN 55082 651-439-4001 (612)439-7700 (612)439-6121 IEconomic Development Organizations Type Name Phone Fax Disaster& Emergency Services Name Phone Number(s) I Public Safety emergency resources 1-800-422-0798 or metro 651-649-5451 Federal Emergency Management Agency Region V FEMA 312-408-5500 Small Business Administration Disaster Disaster Area Offices 404-347-3771 IResources Inquiries regarding this community's data go to Patty Schachtner -....__. _ Print This P._____ age Contact Us Copyright©1999-2004 Minnesota Department of Employment and Economic Development I All rights reserved.Information in this system is deemed reliable,but is not guaranteed. Read Full Disclaimer I I h ://www.mn ro.com/ ttp p detailp.asp 9/2/2004 1 ' CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS CERTIFICATION: The appraiser certifies and agrees that: 1.The Appraiser has no present of contemplated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation of it, ' is contingent upon the appraiser value of the property. 2.The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the participants to the sale. The "Estimate of Market ' Value" in the appraisal report is not based in whole or in part upon the race, color, or national origin of the prospective owners or occupants of the property appraised, or upon the race, color or national origin of the present owners or occupants of the properties in ' the vicinity of the property appraised. 3. The Appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of ' the appraiser's knowledge and belief, all statements and information in this report are true and correct, and the appraiser has not knowingly withheld any significant information. 4. All contingent and limiting conditions are,contained herein(imposed by the terms of the assignment or by the undersigned, affecting the analysis, opinions and conclusions contained in the report.) 5. This appraisal report has been made in conformity with and is subject to the ' requirements of the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated. 6. All conclusions and opinions concerning the real estate that are set forth in the ' appraisal report were prepared by the Appraiser whose signature appears on the appraisal report, unless indicated as "Review Appraiser." No change of any item in the appraisal report shall be made by anyone other that the Appraiser, and the Appraiser shall have no ' responsibility for any such unauthorized change. 7. The Appraiser has the appropriate knowledge and experience required to complete this assignment competently. ' 8. This report and all it's contents are governed by the Bylaws and Regulations of the appraisal Institute. Neither all or any part of this report, most specifically the ' conclusions of value, the identity of the Appraiser or any reference to the Appraisal Institute or to the MAI designation shall be disseminated to the public through advertising, public relations or sales media, or by any other public means of ' communication without the express,prior written consent and approval of the Appraiser, 9. This appraisal assignment was not based on a requested minimum valuation or specific valuation or on the approval of a loan. ' CONTINGENT AND LIMITING CONDITIONS: The certification of the Appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the Appraiser in the report. 1 I . , . 1. The appraiser assumes no responsibility for matters of a legal nature I affecting the property appraised or the title thereto, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under I 2. responsible ownership, Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The Appraiser I has made no survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in I 4. question, unless arrangements have been previously made therefore. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. I The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The appraiser assumes that there are no hidden or Inapparent Iconditions of the property, subsoil, or structures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering, which might be required to Idiscover such factors. 1 1 APPRAISAL CONCEPTS, INC. Residential—Commercial—Industrial-Equipment 2565 Hamline Avenue North, Suite B Roseville,Minnesota 55113 Real Estate— 651 636-2565 PROFESSIONAL QUALIFICATIONS OF Equipment—(651)633-0394 ' Q Fax—(651)633-0394 WILLIAM J. PETERSON, SRA, SRPA ' PROFESSIONAL AFFILIATIONS: Appraisal Institute designations: ' SRA, Senior Residential Appraiser, 1981 SRPA, Senior Real Property Appraiser, 1990 Certified Federal General Appraiser Licensed in State of Minnesota& Wisconsin SPECIALIZED EDUCATION AND RECENT CONTINUING EDUCATION: *Apartment Appraisal: Concepts &Application, Universi ty of St. Thomas . *Valuation Trends Workshop: Metro/Mn., Chapter Appraisal Institute . ' *Fundamentals of Relocation Appraisal,University of St. Thomas . *Senior Demographics/Impact on Housing, University of St. Thomas . *Uniform'Standards of Professional Appraisal Practice, ' Mn. Assoc. of Professional Appraisers . *Emerging Trends in Real Estate Metro/Mn Chapter Appraisal Institute . *How to Perform FHA Appraisals Within HUD Guidelines ' *Standards of Professional Practice Parts A &B, University of St. Thomas *Appraisal Review Income Properties *Evaluating Residential Construction ' *Americans with Disabilities Act *Condemnation: Legal Rules and Appraisal Practices ' *The Appraiser's Legal Liabilities *Feasibility Analysis—Discounted Cash Flow Analysis *The Appraisal of Partial Acquisitions, Course#401, International Right of Way * Applied Income Property Valuation, SREA Course#202 ' * Special Applications of Real Estate Analysis, SREA Course# 301 *Instructors Clinic, SREA, Purdue University, West Lafayette, Indiana ' *Creative Financing and Cash Equivalency Seminar, SREA * Appraisal Review Seminar,National Association of Review Appraisers *Rural Appraisal Course F,Assessment and Appraisal, University of Minnesota ' * Principles of Income Property Appraising, SREA Course#201 *R-2 Examination, SREA *Narrative Report Seminar, SREA * Introduction to Appraising Real Property, SREA Course#101 f i 1 ■ ' EXPERIENCE: Senior Vice President/Finance and co-founder of Appraisal Concepts, Inc. ' Senior Real Estate Appraiser/Reviewer for the State of Minnesota, Department of Administration, Real,Estate Management Division,April 1978 to July 1981 Residential Real Estate Appraiser for Twin City Federal Savings and Loan, ' October 1972 to April 1978 President, Society of Real Estate Appraiser, St.Paul Chapter# 16, 1986-87 and 1987-88 ' Commissioner and Chairman of the Washington County Housing and Redevelopment Authority, 1984-87 Member, Lake Elmo Planning Commission, 1982-83 Instructor at Lakewood Community College, SREA Course# 101 and various seminars in continuing real estate education Testified as expert witness for Ramsey,Hennepin and Dakota County District ' Courts The appraim assnt type s , ' and vacant residentialser hasco , commercial pleted and appraisal industriaignmel ls and of all and improved s of properties inglemultiple in all areas of the Twin City Metropolitan Area. ' Client list available upon request. Certification Statement As of the date of this report, I William J. Peterson has completed the requirements of the continuing education program of the Appraisal Institute. i 11111 , • d 4 ; • — 4'1°1'7 City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007•Oak Park Heights,MN 55082•(651)439-4439•Fax 439-0574 August 2,2004 Mr.Don Wisniewski Washington County PO Box 6 Stillwater,MN 55082 RE: County Parking Lot Expansion Dear Don, This letter is in response to your June 10th,2004 d tes correspondence. order respond to the to summarize request material or detachment.l l Please note that I hope I have covered the entirety of County's reque our issues,please excuse any deletions. • The Parking Lot Area City staff sta would suggest that Washington County shall design and reconstruct(to City Engineer)Oxboro Ave from the northern edge of 62"d standards as necessary by ty � � Engineer-perhaps AfA Street to the HWY 36 frontage road by a date set by the City Engin p a within 5 years. We would also suggest that a permanent maintenance and repair City relative to that street. agreement be executed between the Ci and County N""' staff will agree in perpetuity bear the full ,ori • City sta would suggest that Washington County cost of any reconstruction and maintenance of thnow frontage f County Gov. frontage road)from Walgreen's to the Panama Ave just plowing.The timeline Gov. for Center,including reconstruction,maintenance and snow p such street maintenance or reconstruction shall b e City outlined in erCity' s Street Maintenance/Management Plan or as defin y on County will grant the necessary easements • City staff would suggest that Washington to be lot(as required by the City Engineer)for City utilities that may be rqu and vacation relocated onto County property as a result of this parking expansion of MNDOT right-of-way.The County shall be service/replacement,qireofor all this shall include restoration work should such utility lines need c�,I,he County will also asphalt,blacktop,concrete, curb& gutter,landscaping, provide necessary easements to the City at no charge for City utilities that may need • relocation due to the STH 36 reconstruction • City staff would suggest that the City would not transfer the alleyway "in-fee"to the • County,but will grant a non-exclusive easement over the alleyway for the sole purpose of the parking lot expansion. • City staff would suggest that any detached area that in the future becomes privately held or benefits a private interest shall automatically be reattached to the City of Oak Park Heights. All costs necessary to reattach such lands including surveys, descriptions,administrative and legal fees shall be paid by Washington County. ity staff would suggest that Washington County waive its right to object to any future special assessments as allowed by law that may become necessary upon properties abutting Oxboro Ave,Panama,Frontage Road or 62nd Street. N.E. Campus Area(Paris and 62°d Street) As to the area located along Paris Ave and eastern 62nd Ave,the County's request may be premature. When the County has prepared a viable campus plan with a better probability for completion the City would be better suited to entertain the discussion in more detail. However, if the County does wish to pursue the detachment of this area the City Staff would have the following issues that would need to be addressed,also in an appropriate agreement. 3 The setback for all future structures and equipment should be no less than 40 feet • from the property lines abutting Paris and 62nd Street. • � � There shall be no ' �N^�-yam � ss from Paris Avenue;the current unpaved roadway shall be eliminated. 0 All future structures shall comply with the City's lighting standards. Washington County shall design and reconstruct(to standards as necessary by City ngineer)Paris Ave from its northern edge at 62nd Street to its terminus approximately 1,000 feet south- by a date set by the City Engineer. tperin z,,(-Q0 46 Washington Co ty shall design and reconstruct(to standards as necessary by City Engineer)62nd treet from the western edge of Oxboro Ave to the eastern edge of Paris Ave -by a date set by the City Engineer. We would also suggest that a anent maintenance and repair agreement be executed between the City and County relative to this street. iii62nd Street will not be enlarged or widened between N. Panama Ave. and Paris Ave. 'aris Avenue will not be widened or enlarged south 62nd g uth of 62 Street. • Any detached area that in the future becomes privately held or benefits a private interest shall automatically be reattached to the City of Oak Park Heights. All costs IPnecessary to reattach such lands including surveys, descriptions, administrative and legal fees shall be paid by Washington County. Now that you have a document that better delineates what the issues may be to consider • this project further you can begin to estimate your options and costs. To consider this request further and pursuant to the City's written policy on Annexations/ Detachments, Washington County would need to submit the appropriate documentation for detachment/annexation to my attention(a list would be provided)along with the non-refundable base fee of$3,000.00. The City would additionally require that Washington County reimburse the City for any and all out-of-pocket fees that are in excess of the$3,000 sum. Fees cover the cost of researching the request,drafting the appropriate documents and potential agreements and will cover the City's other out-of- pocket expenses related to your request. Please note that the policy assumes a detachment from another jurisdiction into the City, so the intention would be modified somewhat. However,the administrative requirement and process would remain. Coming full-circle on this matter,the City Staff does not have an immediate objection to the County's parking lot expansion project. While you would be required to proceed through the standard development process,the County would not need to move through this detachment/annexation. Lastly, for Parking lot expansion,the City and the County could also enter into a joint-powers agreement that would(in-effect)coordinate our zoning conditions to those of Stillwater. ncere • ric Jo City A 'strator Cc: City Council Members Mr. Jim Schug, County Administrator Mr. Mark Vierling, City Attorney • - Development Application, Page 3 • CITY OF OAK PARK HEIGHTS 14168 Oak Park Blvd. N. P.O. Box 2007 FEE SCHDULE (Updated 07-24-03) Oak Park Heights, MN 55082 COMMUNITY DEVELOPMENT DEPARTMENT BASE FEE * ESCROW FEES Zoning District Amendment $400 $1,000-3,000 Conditional Use Permit/Amendment $400 $1,000-3,000 Variance: Single Family Residential $150 N/A Variance: Industrial/Commercial $200 $1,000-3,000 Subdivision: Major $400 $1,000-3,000 Subdivision: Minor $200 $500 Home Occupation $100 N/A Site Plan Review $400 $1,000-3,000 Street Vacation $100 $500 PUD: Amendment $700 $1,000-3,000 PUD: Concept Plan $500 $1,000-3,000 PUD: General Plan $700 $1,000-3,000 Comprehensive Plan Amendment $500 $1,000-3,000 Non-Refundable City Financial Assistance Eg: TIF, Tax Abatement, Special Assessme s, Annexation, $3,000 N/A Special District Projects, Etc.. *Escrow: Escrow is a guarantee that all final bills for the project will be paid. Based on Number of Units: 1-9 $1,000 10-50 $2,000 51+ $3,000 If the project exceeds 10 acres in size an individual escrow will be calculated for the project All new subdivisions must satisfy park dedication requirements. Home Occupation and Home Occupation Minor are renewed annually and require $10 annual renewal fee. G:1Forms\Comm.Dev\Development PacketDevelopment Application 07-03 Updated.doc Point Paper Oak Park Heights Annexation/Consolidation Policy • These criteria for annexation or consolidation are an attempt to ensure a fair deal to all parties so that one group of citizens does not benefit at the expense of the other. At the same time,the City would have in place a public policy known to all on this important issue/policy. 1. In the event of consolidation, create a rural taxing/service district-Under the laws of the State of Minnesota,the two parties may agree to the establishment of a rural taxing and service district. That taxing and service district would continue with the present level of services and the present taxing as well as the present rural housing type of zoning. Instead of doing a mass rezoning of the area and averaging the total tax rate, thereby lowering the city's taxes and raising township taxes,the city would fmd it beneficial to keep two separate service and taxing districts. An example of this is the Red Wing and Burnside Township consolidation of the early 1970's. The separate service/tax districts still continues to this day with the two separate taxing jurisdictions. Part of the rationale is,if the area does not need extra services,why charge them for extra services? The result,Township taxes stay the same as do City taxes,with neither area abusing the other. 2. In the event of consolidation, create a Transition Area-There are certain areas outside of any community that may, in the next 20 years,become more urbanized in nature. They may develop either as multi-family, single-family/urban or industrial/commercial areas. This needs to be spelled out so that only these areas would 411 go into transition and would have the potential for developing into a higher density. It should also be guaranteed that the only time that those areas would develop is if the landowners themselves approach the community and ask for the zoning changes. These changes would have to go through the normal rezoning process and, at the same time, would guarantee that the developers would pay all costs of utility services to their areas. This would be the only way that the development could happen. 3. In the event of consolidation- Governance -By state law,the cities have the capability of expanding their City Councils to seven members. If there were to be a consolidation by contract,the parties would guarantee that at least two members would come from the township. If more members run from the township and beat all other candidates,there would be an option having more than two township members. However,there would be a guarantee of two out of the seven members on the City Council coming from the former township area. At the same time,their Planning Commission would be expanding to seven members with the same guarantee of at least two members from the former township area. Additionally,the Park Commission would be expanded to seven members with the guarantee of at least two members from the former township area. Another issue would be the name of the finalized community. To give a transition time for people that live in the community, a combination name would be used to provide a transition time so a decision could be made as to what the city would like and time for the name to be a cepted. • 4. •I e City of Oak Park Heights will not independently petition or initiate '; A o'property outside of the City limits. All property for annexation must be requested by the property owner of the area in question. All costs of said petition and annexation request must be borne by the petitioner. 5. Detachment/Attachment The City of Oak Park Heights will not initiate actions for •= . • I.ent/attac ii- . •.a ess we are first petitioned by the affected land • owner. As part of the petition,the land owner must first demonstrate efforts to work with the city in which they currently exist. Only after those actions have failed will the City of Oak Park Heights accept a petition from the property owner. Once the petition has been accepted,the City would only act as a supporter and recipient of the property/project in questions. The land owner would be the prime petitioner/proponent for the detachment/attachment to the appropriate state or regional agencies. All City costs associated with the request must be paid by the property owner requesting the action. • 411 2v91 � /j�y'GTON C� Q' S� .ti.; oo� • %\Tashington /3= ?,, Department of Transportation County and Physical Development a°SSA ecwFS�/ Donald C.Wisniewski,P.E. '_`-- Director Donald J.Theisen,P.E. June 10, 2004 County Engineer/Deputy Director Mr. Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. - Box 2007 Oak Park Heights, MN 55082 Washington County Government Center Improvements Dear Mr. Johnson: As a result of our meeting with the Oak Park Heights City Council on May 25th to discuss our request for a detachment of properties owned by Washington County, I have summarized the key issues which were addressed, and I have written the items in a format that would facilitate inclusion in an agreement document between the County and the City. I am also sending this letter to Mayor David Beaudet, Chairman R. H. Stafford, and County Administrator Jim Schug. A. Washington County will design and construct a pavement preservation project for Oxboro Avenue from 62nd Street to the frontage road of TH 36. B. Washington County will participate up to 75% in the construction costs for the pavement preservation work on Oxboro Avenue. C. Washington County will bear the full cost of any reconstruction and maintenance of the TH 36 frontage road from the Walgreen's property to Panama Avenue if not reimbursed by Mn/Dot. D. Washington County will grant an easement for the water utility and will relocate the City water line presently located on the south side of the residential homes as part of the construction of a parking lot. This water line will be situated on Washington County property, and the County will reach agreement with Mn/Dot that any future repairs to the line can be accomplished by entry onto the TH 36 right of way. E. Washington County will agree to perform all winter maintenance responsibilities for Oxboro Avenue (62nd St. to TH 36 frontage road) and the TH 36 frontage road (Walgreen's property to Panama Ave.). F. Washington County will perform an engineering analysis to determine whether a ring road is necessary to serve the County campus. The study will also develop alternative alignments, which will be presented to the City of Oak Park Heights for review and comment. If the ring road analysis shows positive benefit and it would incorporate segments of 62nd Street and Paris Avenue that would have to be improved, the County would bear the full cost of these improvements. In addition, the County would agree to perform all 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430 4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action • Page two Letter to Eric Johnson June 10, 2004 winter maintenance responsibilities on the portions of the ring road that utilize the 62nd Street and Paris Avenue segments. G. The City of Oak Park Heights would by resolution agree to return the alley land title to the State of Minnesota. The County would then petition the State to use this former alley for a parking lot within the County government campus. H. The City of Oak Park Heights would by resolution agree to detachment of the County owned properties, including the alley, from the City of Oak Park Heights. I. The City of Oak Park Heights will agree to an anticipated future detachment of the three remaining privately owned properties located within the two block County Government Center campus after the County purchases these properties. J. The County will agree to pay its prorated share of unreimbursed sewer utilit y relocation costs that may be incurred by the City as a result of the TH 36 improvements. I believe that the items listed above have included all of the questions raised by the City Council at their workshop. The County does want to reach agreement with the City so that we can a lengthy adversarial detachment process. I look forward to your response to this o to develop an agreement addressing city and county concerns. proposal to avoid Sincerely, Donk Donald Wisniewski Director of Transportation and Physical Development c: Washington County Commissioners N:\WORD\DCW\Johnson OPH Detach Letter doc 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430 4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action r z “4- ',1 .-,* City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007•Oak Park Heights,MN 55082•(651)439-4439•Fax 439-0574 May 14th,2004 TO: Mr.Don Wisniewski. �� p/E1�c11 Director of Transportation and Physic: 1..t ,- ••ment IV Washington County Washington County PO Box 6 Stillwater,MN 55082 A MAY 1 7 2004 FROM: Eric Johnson,City Administrat. ItitAii Transportation& RE:Tree Removal in in Proposed Parking Lot . i1 Physical Development If y opmen Dear Don, Since our last discussion you now have had an opportunity to communicate directly with Kathy Widin our City Arborist and review the Tree Protection Ordinance.Prior to a site development of this magnitude you would ordinarily be required to submit a full tree protection plan and have the same approved by Kathy and the City prior to any tree clearance. Due to your timetable,you are seeking some form of an expedited process to facilitate some tree removal versus a full site development review.The City is agreeable with such request to allow you to remove some trees with the following conditions: 1. The County shall appropriately mark all trees to be removed and shall erect tree protection fencing/yellow tape around all trees to remain.A general site plan showing what trees are to be removed shall be submitted to the City Arborist for her approval. 2. Prior to any tree removal,the City Arborist shall visit the site and inspect such tree marking and protection. The City Arborist may be onsite during such tree removal and will make a final inspection upon completion of such tree removal. 3. The County shall replace significant live trees lost per 1307.070 of the City's Ordinances.The City Arborist shall provide the correct calculation for tree replacement and/or payment in lieu of such replacement-if any. 4. Prior to any tree removal,the County shall submit an escrow payment to the City in an amount of$5,000 to cover the costs of the City Arborist and/or tree replacement(s).Unutilized funds shall be returned to the County. 5. By August 31',2004,Washington County shall complete a full tree inventory of the site.Should such tree inventory not be completed by October 1s`,2004 the balance of the escrow funds shall be utilized to complete full tree inventory.Any overages will be further compenseable to the City. 6. All tree removal shall be performed by a City Licensed contractor,which includes providing proof of single limit liability insurance of not less than$300,000.00. 7. Should the County detach/annex this area from Oak Park Heights into the City of Stillwater prior to the further removal of trees,the County shall only be responsible to provide tree replacement funds for such trees actually removed while the property was within Oak Park Heights. If these conditions are acceptable to you please acknowledge as such by signing below and have such signature notarized.Keep in mind that all elements of the City Tree Protection Ordinance 1307 or others that apply remain in ffect and may not necessarily coincide with this document. c.Xa—i Wt,d.reA e,�0rdi. date 5/11 /cal For Washington County Pier Also Print are and Title: 'DOli i4 L D 1Sa)f q.4.),:,sw I/ —D►(Lie-Cott R- 0 F 7iZ�1 OSS Po R-T -T loot) i ��- g� 445 date s/r7/OV -111.5%C4L- . -0 LCQM fT Notary • 1".....""AlMFAI • t., _ �DAVyID M.McKEN-Y ,01p NIThRY PUBLIC-MINN-.,-A IIYOOMYSSION EXPIRES 1.31-2005 • Washington /NCT ON ,�: �2�' Department of Transportation County ��1 and Physical Development ,CSR paob�s,/ Donald C.Wisniewski,P.E. Director Donald J.Theisen,P.E. County Engineer/Deputy Director Mr. Eric Johnson City Administrator May 13, 2004 City of Oak Park Heights 14168 Oak Park Blvd. N. Box 2007 Oak Park Heights, MN 55082 Re: Tree Restoration Plan Dear Mr. Johnson: Enclosed herewith is the aerial map illustrating the trees that will be removed as part of the house moving/demolition project. As we discussed on the telephone earlier this week, we will submit an entire inventory and restoration plan upon completion of the parking lot design. We do want to incorporate the identified trees as part of this plan. We would like to proceed in this manner because we have awarded contracts for all house removals, and as you are aware, we are still working on the parking plan with the City. I appreciate the time and attention you have given this letter. I look forward to working with you on the forthcoming parking plan. Sincerely, Donald Wisniewski Director of Transportation and Physical Development Cc: Mary Erickson, Facilities Manager 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430-4300 • Fax: 651-430 4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007•Oak Park Heights,ts ,MN 55082• (651)439-4439•Fax 439-0574 April 301,2004 Mr.Don Wisniewski. Director of Transportation and Physical Development Washington County PO Box 6 Stillwater,MN 55082 RE:County Facilities Expansion Dear Don, As you and I have discussed,the City Council is interested in setting up a workshop with the County Board to discuss the items relative to your recent detachment/annexation request.Accordingly,May 11th and the 25th were two potential dates selected. You indicated that the May 25 date would be workable and also is for Oak Park Heights.Therefore we will be more than happy to meet with our following:Nile Kriesel,Dick Stafford,Jim Schug and yourself)at our City Hall 5 pm�on such td e The City does have some questions/comments about the County's plan that should be considered prior to the meeting although not necessarily responded to.Likewise,should you have questions/comments of Oak Park Heights please get those to us and we will provide the same consideration. However,our concerns stated herein are likely not exhaustive.The matter may draw down to a policy decision on that is not tenable for the other. Who knows? Take a look and let me know if you have any ,uestions,otherwise we look forward to the 25`h. lards, Eric, City dministrator Cc: Weekly Notes Mr.Jim Schug,County Administrator Genera the C has the ollowin concerns: 1• Previous County communication with Oak Park Heights has expressed a desire to work with only one community for its planning and campus development.It is our understanding that the County feels that working with two communities is somehow a difficulty,the City of Oak Park Heights respectfully asks that the County elaborate on this concern. Oak Park Heights has expressed a willingness to accommodate Washington County via a joint- powers agreement thereby allowing the County to work with only one community without detachment.Additionally,Washington County could seek and attain the proper rezoning/PUD approvals from the Oak Park Heights that would also accommodate any plans the County may have.While there is some legal wrangling as to the former process,the City believes such process is viable and practical. We also stand ready to process the County's traditional development application. Lastly on this point, Washington County is served by Oak Park Heights water and sewer services, therefore if the issue of overlapping jurisdictions is not a problem for these items,why then does the County feel that this partnership cannot be duplicated in this boundary area? 2. The City's review capacity of any HWY 36 expansion/project under Municipal Consent applies only to communities with the highway system lying within a municipality- (Minnesota Statute 161.164-subdivision 1). The City relinquishing property on the northern side of Hwy 36 could have profound impacts as the Statute is unclear as to what "lying within"means. The County should clarify this point with MNDOT that such detachment shall have no negative impacts on the City as to our capacity to grant/withhold Municipal Consent on any aspect of the Hwy 36 project now,or in the future,being contemplated should the annexation/detachment proceed. Such analysis from MNDOT should be in writing to the City. 3. Relating to the property not seeking annexation(Gosso)along 62"d street,what is the status of this property?Is the County seeking to purchase it?The County should address these property issues specifically in writing to the City. Oak Park Heights has concerns with the plans that may be put in place with a Law Enforcement Center expansion that is the impetus for this area's annexation into Stillwater. Such project could negatively impact OPH residents on 62nd Street and on Paris Ave. but our capacity to prevent or mitigate an LEC expansion would be limited should the annexation proceed now. When those plans are better identified the annexation should be addressed then, but if the County feels now is a better time,please indicate such reasoning. The road conditions of Paris and 62nd street are poor to fair.How the LEC expansion impacts these streets-which would still be in Oak Park Heights-is a significant issue. These streets need full reconstruction to handle any further traffic load or a new accessway. 4. The City has a significant watermain that runs east-west through the property to be detached and converted into a parking lot. The watermain currently sits within the MNDOT right-of-way.How the County is expanding its parking lot southwardly into the MNDOT right-of--way needs to be clarified;has MNDOT approved such plan?To date the City has not been informed from MNDOT as to any potential action on this right-otf- way. This watermain is significant to the City's ability to serve the County facilities but also the upper east side of our community. This annexation could ultimately facilitate the County to preclude the City from dealing with issues that may arise with the replacement/repair of such watermain as their parking lot would be over our water main. The City would,at the very least,require an easement of at least 20'for the watermain and require an agreement they are responsible for parking lot/landscape repir should the watermain require that services. 5. As to the City relinquishing the alley, such issue would generally hinge on the overall annexation/detachment process or the choice to not seek such detachment. 6. From the County's perspective,why is this plan good for the City of Oak Park Heights? ry �.t,sy Oak Park Heights Request for Council Action Meeting Date: April 27, 2004 Agenda Item Title: Washington County Detachment Request / Disposal of City Owned Alley - forfeited lands Time Required: 5 minutes Agenda Placement: New Business Originating Department/Req sto : it ohnson Ci Administrator Requester's Signature Action Requested: Consider Resolutio 86 Re•uest Background/Justification (Please in■ cate any previous action, financial implications including budget info ►ation and recommendations). Attachments: 1. Letter From Don Wisniewski - Washington County 2. Detachment / Annexation Request - via joint resolution. 3. Reconveyance of Forfeited Lands (alley property) 10:40 WASH CTY TRANS 651 430 4350 P.02i02 Uinchlnotnn Cnun`W APR 1 9 7 WASHINGTON COUNTY ATTORNEY'S rronsportn INTER-OFFICE CORRESPONDENCE Physiaal Development CIVIL DIVISION DATE: April 16, 2004 `� TO: Don Wisniew ski, Transportation and Physical Development FROM: George Kuprian, Assistant County Attorne SUB y .1ECT: Delegation of Planning and Zoning Authority As part of the Government Center's parking lot expansion obtained or is in the process of obtaining roe p ion project, the County to detach this property 8 p P rty in conjunction with the project and is seeking P perty from the City of Oak Park Heights and annex it to the City o The City of Oak Park Heights has balked at endorsing the detachment an alternative to annexation adetachment, Oak pa �' f Stillwater. As within its borders, but to and dle ate through achment and annexation petition. property zoning er authority in the effected areas delegate hrough a Joint Powers Agreement the planning a keep the but, even if Stillwater were to agree, this office has reservations planning and Stillwater. Stillwater has yet to embrace this proposal; proceeding in this manner and would counsel the County to proceed instead concerning the efficacy of and annexation petition. nstead with its detachment The Minnesota Joint Exercise of Powers Act, MINN. STAT.governmental units to TAT. more go units. jointly or cooperatively exercise any§ 4 wer permits two the body contacting one units. as a corollary to this basic proposition, subd. 10 of the Act allows common governing the perform on behalf of that unit any service or function which the governmental a governing agreement with another governmental it providing unit to service is authorized to provide for itself and is the principle Oak Park ernmentas wishes providing the in this instance. Since the City of Stillwater is invested with ark Hei would appear a first blush the that Oak Park Heights wisg authority,to mploy coning and a zoning and permitting t to pass permitting authority over the subject properties to Stillwater.ers agreement to pass its Harvey: " ... now for the rest of the story.' But, to paraphrase Paul Minnesota has long held to the common administrative power calling for judgment discretion imperative a tibe that neither legislative power nor of Owatonna, 24 N.W.2d 244 y delegated Alexander Co. v. Cdty changed (Minn. 1946), and it does not appear that the Joint Powers Act has this precept. No less an authority than Floyd B. Olson, who is the "godfather" of joint powers jurisprudence s Agreement golf ma considered Joint most w rs may be used to � has stated that it is unclear whether a Joint Powers another. See ah transfer traditionally nondelegable powers from one municipality the Joint Exercise of Powers; Floyd B. Olson; Bench &Bar of Minnesota;25-30. It was unclear in 1985, and it remains unclear today. uni°ipality to nnesota; August, nrK-mob-2004 10:40 WASH CTY TRANS 651 430 4350 P.01/02 The regulation of the use of property within a political subdivision's border is the of sovereignty; and, if there were any essence y governmental function that could not be delegated to another entity, it would be planning and zoning. See, Op. Atty. Gen. 1007, July 8, 1977 above-referenced Attorney. General's Opinion, it was opined that without a specific In the authority such as found in MINN. § 394,32 which allows a municipal governing grant to STAT. temporarily delegate certain planning and zoning power to the county board, a city delegate its planning and zoning authority to another governing g rmng b°dy to Attorney General's Opinion addressed the situation where the signatories � may not g erning body. The aforementioned Agreement created a disparate board comprised of members from the to Citye Joint Powers Stillwater Township and Washington County and invested it with planning nd zoning Although admittedly not totally on point, this opinion does y of Stillwater, companion smit to ly not rota g th authority. specifically granting the delegating authority, the Joint Powers Act that may a not be used as a medium to transfer nondelegable power. This conclusion comports may common law principle that is loath to delegate discretionary p rts with the proposal would be at variance with the proscription against delegating rotherwisernondele able authority through a Joint Powers Agreement, gable This memo is not intended to be an unequivocal statement on the impropriety unit of government delegating its planning and zoning authority over portions Rather, it is meant to alert the decision makers to the of a local established legal principle and that there are safer ways to proceed. P ns of its domain. fact that such delegations are not is that it leads to a process that may y The problem with innovating Damocles" over your head wondering notfr provide legal closure, and you stand with the "sword of if you were to prevail against all the challenges,whence" the the cost i n money,challenge will come. Even would probably not be worth proceeding this way. money, time, delay and anxiety may become disaffected with the Joint Powers arrangement;rescind its ed le a io Park Height and declare the Agreement void ab initio with discommoding attendant legal consequences.n of authority it would be our advice not to acquiesce to the joint powers idea, but rather t So, course of detachment and annexation, proceed on the safer GK/sf CV-2004-538 Post-It°Fax Note 7671 Dare # p�.Q 1psgeof s� pC To — . ,►).L/1.4AA From 1.1� Ca/Dept. / Co, Phone# Phone v Fax# Fax# \47ashington /`p}GTOry } 2 �O l t! -;) y Department of Trans portation \L,SR n Gp4 and Physical Development Donald c.Wisniewski,P.E. Director April 12, 2004 Donald J. Theisen,P.E. County Engineer/Deputy Director Mr. Eric Johnson, City of Oak Park Heightsdministrator 14168 Oak Park Blvd. Heights, N. - Box 2007 Oak Park Hei g MN 55082 Washington County Government Center Improvements Mr. Johnson: Washington County y is preparing plans for Government Center. The two- building Oak Park Het block county g and parking lot improvements advantageous to consolidate City Y g°vernment complex p meets at the y of Stillwater. As we includes land in g both the City the majority all of the county owned we are advantageous s consolidate county p l Y properties the site design, it will be y of the questing that the y pro ert e City into one city's County City of Oak Park is situated in the City Y s jurisdiction. the are e requesting lands ark Hei y°f Stillwater.on granting For this reason, City of Stillwater consider noted in ghts consider a resolution the City nsider a resolution A. At the same g Y of Stillwater. granting mo tth e, a detachment g an annexation of the same are requesting that On another matter, the properties into formerly tax-forfeited alley located south of the exclusively for"alley property' was conveyed government center homes south of they pure°ses." Over the last several of Oak Park Heights lot, which was parking expansion on alley, former it is our the this spring ghto allow be used plan to remove the County has properties or the mer lots. The alley homes this s purchased the expansion. government center. y will no longer pring to allow for a resolution or the e, The alley ger bed as pa to serve are requesting area could be used as ►ve the residential document, Form y g the forfeited lands back te e City of Oak Park of the land occupied eyi is included ark HTt parking pied by the alley with this letter. Upon of Minnesota. f Form consider the a will request a conveyance wlll again revert pOn execution and filing implementation yanl e from the back to tax-forfeited status and °f For State to use the m 97p the We appreciate the time property Washington County to discuss any Y exclusively for parkin and attention you have Y dhtatis or s given this g purposes. specific questions you may regarding d g these are available Y have re at any j garding these requests, y time Donald U Director of Transportation portation and Physical Development c: Washington Count Jim Schu y Commissioners g, County Administrator M:IUSERSIPWIDOWISNIIWORDIDetachment-OakPKHghts.doc 11660 Myeron Road North, Stillwater Phone: 651-430-4300 • Fax: 651-43 Minnesota 5651- �,w�, 0-4350 • TTY: 9573 Equal Employment 651-430-6246 mployment Opportunity/Affirmative Action • City of Oak Park . 14168 Oak Park Blvd N.•Box � He1g�1tS 2007.Oak Park Heights,MN 55082•(651)439-4439.Fax 439-0574 March 10,2004 Mr.Don Wisniewski. Director of Transportation and Physical Development Washington County PO Box 6 Stillwater,MN 55082 RE:Expansion ofparking lot area. Dear Mr. Wisniewski, Hopefully you found our recent staff meeting H the County's found our recent parking lot ti g fruitful as to getting providing you and your staff to g this project reviewed will not be burdensome. project The City is hopeful that some direction as At this stage,I suspect �process towards development is unfit that AS must internally decide a few items before rtalcen. traditional Process of land 1) The issue of annexation/detachment. Obviously,this is Obviously,I would the prime�driving issue.If the Cotmtys annexation,I you j f formally request such action by the eCit a in fact d review and/or project Ice County does not wish to pub such'via the COQ City would generally include any other applicant-for which a 60 day action,then a City would 2) rezoning and a conditional use Permit.��able should be adequate-and The acquisition of the alley from the City. The City is the fee owner of the via forfeited tax deed. The City alley and it is my understanding alley makes up a The of under strict a regimen on how ta City secured such This could consider this Parking lot expansion. parking and would need before To the City T1'i�indicating suggest a formal request of some sort be dimmed to the City opts and procedures for conveyance could be. it a may reason and what It is my hope that the County will will do its best to to not seek an process and that the City gores, City A• Cc: Mr:Jim Schug.County Admin. • , • Ms.Ann Turwedo,Senior Planner 3//0/9 41.e '�• NVi2S/ 7 lr r /i1)9 C-E OF 41/9-y Ifer4 (Kt 00711/4sul asE "wmi hh6kk / Tat: Zrvven too y 2' T�o��l ?- � hit A-4-141 Acet, / - �- mse vrn o S ?x,14,fr,ftis 6 . 4rpVcd‘tr i cak r)!N fIOt, 7 Oak Park Heights Request for Council Action Meeting Date: Februa 24 2004 Agenda Item Title: Consideration of the dis.osal of the Ci County Pa_ king Lot owned alle _ - abuttin Time Required: 5 minutes Agenda Placement: New Business Originating Department/Requ sto r ri Jo. - on Requester's Signature on, Cl 'Administrator a Action Requested: Discussion and Pro I e Staff Direction Background/Justification (Please indic.to any previous implications including budget information and r m endaho com ion, financial ns). The City has received notice from Washington County of David Carisen's property(see map) for what we assume would intent their it "condemn"final iec their effort to acquire all these frontage road properties. I ' the County wishes to expand their parking lot would be their final piece of It is our understanding that 9 t southwardly. The City however is the fee owner of the alley that runs the current parking lot. At some point, should the County lot, they current parking i required to engage t between these homes/lots and the City on its use/ownership rof thle alley.parking City does not maintain any public utilities under the alley. ey. The The City maintains the alley as a public roadway to get to their home, as it is the only aY for persons, such as David Carlsen, these properties the City cannot dispose of this alley. 7' Y public accessway. Until the County secures all will also not be a simple "vacation", as the City received t Y The City disposing the the alley way of"forfeited deeds"; meaning the City would have to the property it back from the State by who could then pass such land to the County. give it back to the State - A last item for discussion may be the County wishing to this property and annex into Stillwater so that their properties 9 have Oak Park Heights detach in one city. can be consistently held The questions that require some discussion are: 1) Does the City wish to relinquish its control of the alley-even after the County ounty acquires all abutting 2) The issue of such parking lot expansion. 3) The ultimate issue of detachment/annexation. LAW OFFICES OF Eckberg, Lammers, Briggs Wolff & Vierling, P,I,,L.P. James F.Lammers 1835 Northwestern Avenue Robert G.Briggs s Stillwater,Minnesota 55082 Mark].Vierling•¢ Thomas].Weidner•¢ Lyle].Eckberg* Susan D.Olson-0- (651) 439-2878 (1916-20lff ------------------------- David K.Snyder AX (651) 439_2923 Timothy Paul A.Wolff y M.Kelley (1944-1996) Sean P.Stokes Writer's Direct Dial: (651)351-2118 Balers C.Heeren Laura L.Domagala *Qualified Neutral Arbitrator Joshua D.Christensen *Certified Real Estate Specialist -0-Qualified Neutral Mediator February 20,2004 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: County of Washington v. David I. Carlsen et al. Dear Eric: Enclosed herewith please find a co , condemnation proceeding. The City is technically entitled to its filin relative to this dismissal. Would you�,�, copy of the County's dismissal of its those? want us to file the necessar y g fees and court costs documents in order to obtain Yours very tru • k J Vierling MJV/mkr Enclosure OFFICE 414 A FICEOF THE WASHINGTON COUNTY ATTORNEY l nson, County Attorney RNEY ETON LC i 14949 62nd Street North, P.O. Box 6 Stillwater, MN 55082-0006 Gam`4"'GSTRY•PROGPESSa~oQ February 13, 2004 ©0 PYMark J. Vierling Eckberg, Lammers, Briggs, 1835 Northwestern Avenue Wolff& Vierling Stillwater, MN 55082 Re: County of Washington v. David I. Carlsen, et al Court File No. C4-04-236 Dear Mr. Vierling: Enclosed herewith and served upon you by United States mail is involving the above-captioned condemnation matter, the original of which is being filed with the court this date. This file will now be closed. s a copy of a Notice of Very truly yours, DOUG JOHNSON, COUNTY ATTORNEY WASHINGTON COUNTY, MINNESOTA Richard D. Hodsdon Assistant County Attorney /sf Enclosure Administration/Criminal/Juvenile/Victim Witness (651)430-6115 Civil Facsimil (651)430-6116 TDD/TTY (651)430-6246 Main (651)430-6155e Machines WASHINGTON COUNTY IS AN AFFIRMATIVE ACTION Civil (651)430-6163 N/EQUAL OPPORTUNITY EMPLOYER l 'Y EXHIBIT A • WASHINGTON COUNTY GOVERNMENT CENTER Fee Owner: David I. Carlsen and Marguerite A. Carlsen 14904 60th Street North Stillwater, MN 55082 Mo—'–g US Bank 213 Chestnut Street East Stillwater, MN 55082 Otter City of Oak Park Heights City Hall P.O. Box 2007 Oak Park Heights, MN 55082 - State of Minnesota Department of Transportation Commissioner of Department of Transportation Lieutenant Governor Carol Molnau MS 100 395 John Ireland Boulevard St. Paul, MN 55155 Ac�auisitio Total purchase of property fee Appraised Value = $205,000.00� � simple) as of October17, 2003 Appraised by William J. Peterson SRA, SRPA Certified Federal General Appraiser, License Number 4 Appraisal Concepts, Inc. 000619 Legal Description All that part of Block 5. McMillan and Cooley's Addition to Stillwater, County, Minnesota, described as follows: Commencing at a Washington line of Block 8 o£ McMillan and Cooley's Addition to Sttiillwater, of the West line of Hazel Street of said McMillan and Co point on the North the of Block 8 being the Street South line of vacs 400 feet said North h Cooley's Addition, saip North beginning of this description; thence North and parallel to the being the point of Street 145 feet to an iron stake; thence West and parallel to th Block 8, 100 feet to an iron stake; thence South and West line of Hazel said tract 145 feet to an iron stake on the North line of the North line of said said said North line an Block 8, 100 feet no paidllBl Block the bent line t said Blocn 8;the place e of beginning. Together with an easement for public travel asst forth the place in document filed September 21, 1960 in Book 233 of Deeds, Page rth in that certain Tax Collector: Washington County 9 25. Dpa 62ennt of Assessment & Taxation Stillwater, Minnesota 55 556082 ECkbe1'g La LAWpFFICES OF Lammers, Briggs, Wolff James o F. 1835 No�we & Vierl P.L.L,p, Mark'Vierl Briggs* Stillwater, stern Avenue Thomas J Weidner Minnesota 55082 Susan D.Olson Lyle J.Ewe David K.Snyder (651) 439-2878 (1916 2oo�j Tlmoth D. Kelley FAX(651) 439-2923 Sean stokes Writer's direct dial Balers C Heeren number: Paul A Wolff Laura L.Douce (651) 351-2118 (19441996) Joshua D.Christensen 'Qualified Neutral*Certified ied Real Estate Arbitrator o ¢ mod Neutral Mediator February 16, 2004 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights,Minnesota 55 082 Re: County of Washington Condemnation v David I. Carlson Action , City of Oak Park Heights, et Dear Mr. Johnson: As you I thought I would t by Y are aware, the County take this opportunity Y the City of Oak Y would Washington this to correspond with through 30,Block 5,Park Heights Washi goo ha you relative to this McMillan ublic alle action to Conde matter. and Coulee's Ad N'�'av road existing condemn property owned 1 ion. g over p�of Lots 16 as Exhibit«A ,A copy of deed of acquisition of from the Department City, of course the City's interest in that property alley, Partment City,y, of co as, acquired its interest b Y, a few of the properties in issue along the front is attached hereto understand it, is o having their exclusive conveyance of forfeited lands I expand acquire not their access via this alley.along the frontage road are County, Pandits parking facility not t serve alley, but also the six homes located to of the County, r by this the Washington County Government to the south thereof pro.e Initially, I note that went Center, and to WaIhiti on I note the City do s not ave conveyance of forfeited By operation rfeited B State of deeds, the only .., ince the We�nvev Minnesota through y action the City City acquired the then be able to acquire it.�the Department of Y COUId take is to reconvey property of State all However Revenue and presumably Y their interest to the Y those to that are . Hod by ' the City has an interest in Y sure that Y this alley, making Washington County would Y have continued access to sere that its property P owners, their property until such time Mr. Eric Johnson February 16, 2004 Page 2 J( as the Count success are vacated. 'The Cit fillly completes the acquisition access. responsibility completes the of the residential from Consequently, and liability properties a public the City Council to those home owners the Properties Washington policy and judgment will first have to deal with hers tom e sure gton c polio via the standpoint it wishes to relinquish he issue its nt st i that they indemnification from Department ofRevenue quish or release its interest or not matter. I believe it the County and a reimbursement secondly Interest in and to input relative o to from the appropriate County time to address for its expenses the inc should receive an the issue before dress these issues phases incurred in reviewing contact is with the �eWing this made ' Council with.,, • ngto, 'ounty. and get their Yours -ry hu MJV/sdb ark J. Vierling Enclosure EXHIBIT "A" • Sp Porn,9661Rsv.9/791 R V•02672.01 STATE OF MINNE SOTA W 49/IG/� DPPARTMENT OF REVENUE CONVEYANCE OF F (lSaUed pursuant to Minnesota Statutes, LANDS s,Section 282.01.Subdivision I) THIS INDENTURE State of THIS/N ota, ,made this 15th aGovernmental ty of the first pa"-- rt day of November subdivision The City of 19 B5 . WHEREAS �` Park lies 5 between the ment of taxes,and, eland hereinafter described patty of the second was duly forfeited to the State of pert, Wr the nonpay- ment WHEREAS, Pursuant to Minnesota for the nonpa _ Part has applied to the Comm'Minneso►a Statutes Section y used by it exclusively for fOnrenue for one 282.01, Subdivision 1, conveyance of lands here e in flay de the second WHEREAS scribed to be Stale of the Board of Count Minnesota, has recommended Commissioners Minnesota, of the Commissioner the County of —.and, `�er"�- mhsioner of Revenue bwution t� , NOW,THEREFORE. ,that such conveyance be � does hereby �•The State of made, adopted on the y Brant, bargain, sell Minnesota,pursuant to or Parcels h land lying and and convey said la described as follows, being in the County Y unto the party laws and in consideration of the ws,tg and tY of t tY of the second part, forever,all the tracts State of Minnesota, Part of Lots 16 • through 30. inclusive Cools � Block 5 Y s Addition 5, McMI•llan & SD lots (Auditor-Treasurer's, being the South 30 feet of North 50 feet Plat/Parcel 60955-22503, unto belonging AND TO HOLD time to HAVE or in anywise THE SAME,together with all the heredita cod shall revert to the pa the purpose aforesaid, party of the second ants and appurtenances there- shall party of the first part as provided upon condition that 1f such so long as it shall con- tinue IN TESTIMONY provided by law. No deed tax W111 be payable se.Said be exei:uted�lM�� WHEREOF, the State of onthis written. ante H in the WHEREOF, of St. Minnesota, party of the first Paul, Ramsey County,Minnesota, part,has In presence of: ta, the day caused this dead to .. Y and year.fits! above STATE OF MINNESOTA q : tf tmissioner o Revenue ' STATE OF MINNESOTA- County of Ramsey )8s. On this 15th appeared n this � day of Naber the State of DENNIS J. BR NO,to RNO, Assistant • 19,om before me Revenue thevSta a in Minnesota,a known to t who utnalia executed e! State file peewit t'yerittar of the same as thy, the of Minnesota who exi'`'utha the remade and trey act and Bred of said state,and acknowledged that This instrument d�lrovidpd. he executed Tagco missions,titAwhaW fna.� ` ..... ,..... 1r7tuant to thl!afa MM,IS� na m statutes in S mentdr',avenur t p,�;Y �'C::� _ i•.tl,,• attCh Cam. /sw,Mlnnsrets 3315 t.j1. , • a. ors'A Yy, v«•,.„:are:•, 4::;; "�'— } LAW OFFICES OF Eckberg, Lammers, Briggs, Lammers 1835 Wolff& Vierlihg, �',L JamesP.L .T .�, Robert G.Briggs* 5 Northwestern Avenue Mark J.Vierling•� Stillwater, Minnesota Thomas"Weidner• 55082 Susan D.Olson C Lyle J.Eckberg David K.Snyder (651) 439 2878 (1916-2003) Timothy M.Kelley FAX(651) 439-2923 Sean P.Stokes Paul A.Wolff Balers C.Heerett writer's Direct Dial: (1�4�1-1996) Laura L.Domagala (651)351-2118 'Qualified Neutral Arbitrator ato *Certified Rea!Estate Specialist Mr. Eric Johnson February 2,2004 ¢Qualified Neutral Mediator City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: 'Washington County Dear Eric: Condemnation Action of a couple Relative to the acquisition action started by Was enclosing a map that homes I es along frontage road lying on Co outlining the interest of the City Y1ng soudZ of the Government epar nation that County ro m ring to acquire we have in alley went Center I s is attempting County Public ' P e for leY that lies be Works Department, Revenue, is a November acq their parking lot. The City of Oak Par between the houses that via on onve of 1985 by conveyance of the Minnesota De k Heights acquired property. Department of perspective The CitS'staff should ad not the ' in terms it whether should address the issue from a City has any not we have planning and engineering not, the City Y interests in the alley any utilities in that location not the Y Well have to then in y as a dedicated and/or whether or gton Co dress whether or not it wishes or r other County as part of these proceedings, wishes gre Purposes. If the property to be acquired by week, if that could be appreciate Public Works possible. and Pl. 'I_ eview of the issue in the next Yours vey �, MJV/mkr Mark J. Vierling Enclosure e`l Z 17.• E.4 P 4 big - °° op 3 ,C1- co 84;g rgz e a a ipinn - j a Ve.• 'a sz sc,-3 p g z 111174 a) —r1R c 8, gilal" < p " .111;114. 1! 241,„4.4 it, - •• •4) !el 2 g gE.4 P.. giMEI J1 al 9st ■-■ ° 11.1 co co 0 co vs' 8 N CO" CU ES.S9t C/) tc15 I 8 X a. 8; >- , r.) co EVS9t < r— • cD • CO In 4.7 •••• 5%; a , 42AV VOIVNV • cl C1.3.1.VOVA I 1 3f1N3Ay vv „,,, vv Z5'594 (231vovAi se& 991 3AV VIWNV: 019 121 gcegt. get set 0 set c.1 . 8 Sit 8 ?i co cs, set (NI set set Set c," c0 81 Set Set S14. 8 0, set --- set • St t 0 ct CO o! CO 8 set set ic 8 Nr, Get Sex 0 I V I co . SEt cs4 Si 0 a bj I 6 0 r , set set co SM. . • • tu co 01 ,^ to 1 to NI- • „ nt Set 'II CV 8. ; co 0 Set Set 0 IL 8 z cr. al set 4 LU 0 a- set Ct. tr) stt • co' . 1_ 1 • co 1.1.1 ri .1;;) set w a; CV Ltj ; Set St4 cn -= 00: set c,11 (/) Set sit ct,,cv a re YcI.v- I__ 15 CO- MeV o CO W I St t WI 1 IV. • ctf Set (7.4- LLJ — 0 Set Set L11 I CU-- a. , • - c7s •aC; 0 Sel. 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(x§t.SI f{ Y r !!r # co ��-...,,.:.��„r 1. 4 r !�'P�#d ��� � 1 '��1 Eckberg, LAW OFFICES OF g, Lammers, Briggs, Wolff& Vierling PAL. n Robert CLB mess 1835 L..l Briggs * Stillwater, Avenue Mark].F. tillwater, Thomas Q Minnesota 55082 J•Weidner Susan D.Olson Q Lyle J.Eckberg David K Snyder (651) 439-2878 Susan FAX (651) 439- 1944 2003) Timothy M.Kelley 2923 Sean P.Stokes Paul A 13aiers Wolff C.Heeren Writer's direct dial (1944-razor Laura L.Do number: magala (651)351-2118 'Qualified Neutral *Certified Real Arbitrator Q Estate Specialist J Qualified Neutral Mediator Mr. Richard D. January 22, 2004 Assistant County Office of the Y Attorney Office of Washington Count Street North, P.O. Y Attorney Stillwater, Minnesota 55082 B°x 6 ©Cpr 2 Re: County of Washington v. Carlso Dear Mr Hodson: net al. the City The Petition in the above-referenced ma Y Administrator for the City of Oak Park Heights,matter has been forwarded Heights ghts, as we se �'a1'ded to this office by ghts in Exhibit A, Court and provided to m serve as city the interest in this action under the category of"Other,"client, merely attorneys. Your which would Please the caf y Other c i t relative e to the identify to us w and is inerest your r research the is Oak Park ould indicate that o hat real estate interest Whiche o ld indic to ur client has an yopr ty tat City's acquired, if indeed, main. I would also a any interests in and to the has disclosed, is acquire involved ye eminent a one has been appreciate a drawing Property that you seek to prepared by the affected department g or oy of the acquisition. of area sought to be Washington County that I would appreciate a prompt response tot this correspondence. Yours very truly, MJV/rnlcr Mark J. Vierling Enclosure cc:Eric Johnson, City Administrator, City of Oak Park Heights/ ---..■mmuniniiiinime W -1 ,SilIN (; 'I' UIV (; O r N I IY I COURTS MANSION J U o 7 ::n:_____:________ �o f:` in Sr: .c.:...,,.:.:.:::.:.:.:.:.:..;.,:i1.:..:;; * ::: nrtc►u Au Ls �7 s rs7�Scz PrJ 1 PARKING RAMP 1 j . COIRi}pUgE i PROPOSED ' couarbi , .< I I c:_-:= 3 c::: , al 0 c==== == �.. I �� U f.7:, Mx Sr,�S �-;;� - �sa Pt) -----.... :P „ 7.0,0, s �', �TURE 8 1CL08Ep .: TnUOT / .. , Acme Rom O FUME LOT'y j _:.. .... FUTURE I 3 PARCELS 32 Srµ15 030'63 sn Pr) LOT�+ 3 P�GL13 a STALLS (eon so.PTJ POTEAMAL 266 S ALLS b>gp RlN 626.500 50 POW N SITE MASTER PLAN 0 6O' too• moor Page 15 11 u I 1 i 1 I; ■ 11 I immill i ( 1 s k \ I) I. � c, 1 \ 1 1 I;