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HomeMy WebLinkAbout1999-02-29 CA Ltr to Judge CarlsonJames F. Lammers Robert G. Briggs*. Marl{ J. \' icrliiiq* Gre G. Gaiter. 'Fl omas 1. Susan 1.). Olson. David K. Sn Urosh Piletich* Eckber Re: Dear Judge Carlson: LAW OFFICES OF Lammers, Briggs. W0Iff & Vier 1835 Northwestern Avenue Stillwater, Minnesota. 5508 (6651) 459 -2878 FAY (951) 439 -2925 Direct Dial No.: (651) 351 -2118 The Honorable Mary Carlson Judge of District Court Washington County Government Center 14900 - 61st Street North Stillwater, Minnesota 55082 February 26, 1999 PCdU1 1 1. wow (19.1 -1 -1996) *Quali is \ t c ui �► :rLitrator & 'lediatar •Qucil} ified Neutr,i1 :,r•lDitrator * ertrfied Real Estate Specialist •Quali#iecI Neutral Mediator C‘CI Greg and Cathy Kunz, Tom and Lisa Edison, Petitioners (no Respondents denoted) Court File Number Undetermined Date of Hearing: Tuesday, March 2, 1999, 9 :00 a.m. The above matter has been assigned to you for hearing on Tuesday, March 2 at 9:00 a.m. The matter represents a request to the Court to issue a Peremptory Writ of Mandamus and, at the time that we were apprised of this attempt, we sought on behalf of our client to have the matter assigned for hearing and consequently the office of the Court Administrator made the assignment to you. In anticipation of a Tuesday, March 2 hearing date, I am herewith supplying on behalf of my client, the City of Oak Park Heights, who is the principal target of this action, although not denominated in the caption as a Respondent or other party, the following documents: 1. Memorandum of Law of the City of Oak Park Heights; 2. Response of the City of Oak Park Heights to the Request for a Peremptory Writ by Greg and Cathy Kunz and Tom and Lisa Edison; and, g Hon. Mary Carlson Judge of District Court February 26, 1999 Page 2 MJV /sdb 3. Affidavit of Kristin Danie Enclosure cc: Thomas Melena, City Administrator, City of Oak Park Heights Thomas E. McEllistrem, Attorney for Petitioners Patrick Flynn, Attorney for Independent School District #834 Development Director, City Yours v Mar J. V rling Community Heights. STATE OF MINNESOTA COUNTY OF WASHINGTON Greg and Cathy Kunz, and Tom and Lisa Edison, Petitioners. DISTRICT COURT CIVIL COURT DIVISION TENTH JUDICIAL DISTRICT Case Type: Court File No. MEMORANDUM OF LAW ON BEHALF OF THE CITY OF OAK PARK HEIGHTS OPPOSING THE PETITION FOR PEREMPTORY WRIT OF MANDAMUS HISTORY The City of Oak Park Heights is a Minnesota statutory city located along Highway 36 within Washington County. Within its borders is located the Stillwater Area High School, which was constructed in 1991. The Stillwater Area High School is located in a zone of the City of Oak Park Heights that is denoted as "0", open space. Independent School District #834 in 1990 and 1991 applied for conditional use permits to the city government of the City of Oak Park Heights for the purpose of locating and building the Stillwater Area High School. Pursuant to zoning ordinance existing at that time, the city government conducted public hearings and ultimately issued a conditional use permit on December 10, 1991. Pursuant to the terms of the conditional use permit issued by the City on December 10, 1991, in Paragraph 2 under the "General Description" section of the permit, the conditional use permit provides: "Construction of any facilities, buildings or structures not specifically shown within the existing site plan drawings, shall not be allowed except upon application to amend the conditional use permit." In 1998, the Stillwater Area High School located and constructed in the rear portion of their property at the high school facility a ropes course recreational structure. The ropes course structure is visible to residential properties located distant to the south and provoked the objection of several homeowners who appeared at school board meetings to object to the ropes course. Although meetings were held between the affected property owners and the Independent School District #834 School Board, no resolution was reached. Thereafter property owners complained to the City of Oak Park Heights that the facility had been constructed without permit. After review of the conditional use permit and the City's zoning ordinance, the City Administrator informed high school officials that although the existing city ordinance would provide a recreational structure such as this as being permitted and not otherwise requiring any special permits from the City, nonetheless as a result of the 1991 conditional use permit that was issued to the school district and particularly that section which is cited above, that they would have to apply for an amended conditional use permit. By application dated February 11, 1999, Independent School District #834 through its business manager applied to the City of Oak Park Heights to amend the conditional use permit. The City of Oak Park Heights accepted the application and fee and thereafter published, posted and mailed notice of the public hearing to affected property owners within 500 feet of the high 2 school.' Stillwater Area High School is surrounded by residential properties of the City of Oak Park Heights on its east, by commercial properties within the City of Oak Park Heights on its north, and commercial /industrial properties of the City of Oak Park Heights on its western borders. The southern boundary of the city of the Stillwater Area High School abuts Baytown Township and the residential property owners who serve as the Petitioners within this proceeding. Petitioners brought action before the district court seeking to compel the City Administrator who also serves as the Zoning Administrator to issue an order to the Stillwater Area High School to remove the ropes course structures. The City Administrator declined to do so inasmuch as public hearings are pending upon the applications that have been received and, should those applications be granted or should the City Council of its own motion amend the conditional use permit to delete the language which causes the need for the amended permit, the issue would then otherwise be resolved and rendered moot. Dissatisfied with the response, the Petitioners seek a peremptory writ of mandamus to compel the Zoning Administrator to order the removal of the ropes course structure notwithstanding pending hearings and applications which are yet to be ruled upon by the City of Oak Park Heights Planning Commission and City Council. 'This existing city ordinance requires mailing only to property owners within 350 feet; nonetheless, the city in this instance mailed to all property owners surrounding the high school within 500 feet. 3 ARGUMENT I. A PEREMPTORY WRIT OF MANDAMUS IS A .iT INAPPROPRIATE REMEDY UNDER THESE CIRCUMSTANCES. Mandamus will only issue when the Petitioner is shown the existence of a legal right to the act demanded which is so clear and complete as to not admit any reasonable controversy. State ex rel. Anderson v. Bellows, 287 N.W.2d 373, 179 N.W.2d 307 (1970) . Similarly, mandamus will only lie to compel performance of a duty which the law clearly and positively requires. International Union of O. erat in• En• ineers Local No . 49 v . Cit of Minnea •ol is , 305 Minn. 364, 374, 233 N.W.2d 748, 754 (1975) . By contrast to an alternate writ of mandamus, a peremptory writ of mandamus may issue upon first showing that the right to require the performance of the act is clear, and that it is apparent that no valid excuse for nonperformance can be given. Minn. Stat. §586.04; also see Day v. Wright Co., 391 N.W.2d 32 (Minn. App. 1986). In this particular instance, not only is a writ of mandamus inappropriate, either in alternate or peremptory form, but the actions from the Petitioners is premature and violative of their duty to exhaust administrative remedies. A. There is no clear duty established in law requiring the City of Oak Park Heights Zoning Administrator to order the removal of the ropes structures. The Petitioners have rested their claim on an alleged legal duty of the Zoning Administrator to order the removal of the ropes structure based upon the Petitioners' interpretation of the 4 City's Zoning Ordinance, specifically Section 401.07B, Subparagraph 6, which provides in pertinent section: "Duties of the Administrative Officer. The Zoning Administrator shall enforce this ordinance through the proper legal channels and, in addition therefor and in furtherance of said authority, shall: . . 6. Notify in writing any person responsible for violating any provision of this ordinance, indicating the nature of the violation and ordering the action necessary to correct it." Obviously, the Petitioners only view an order to remove the structure and recreational equipment as the only "action necessary to correct it." Clearly their bias in issue has blinded them to the fact that a simple amendment to the conditional use permit deleting the language in issue and no longer requiring this type of equipment to be submitted for amended conditional use permits would also resolve the matter. Further, a technical amendment to the conditional use permit as has been applied for by Independent School District #834 to obtain permission under the conditional use permit to allow the continued location of this equipment is also one that will constitute an action "necessary to correct it" as well. The City Administrator and Zoning Official of the City of Oak Park Heights' exercised reasonable action under the zoning code when he directed Independent School District #834 to apply for an amended conditional use permit if they wished to retain the ropes course structures. Clearly, if they had refused to do so, he could Thomas Melena, the City Administrator, also serves as the Zoning Administrator for the City of Oak Park Heights under the terms of the zoning code. 5 have directed the removal of the structure and pursued further enforcement of same. However, the Independent School District #834 acknowledged that they wished to retain the structure and that they would cooperate with the application for an amended conditional use permit and, given that process, which is one that will allow the public, including the Petitioners, an opportunity to be heard on the matter before a final decision is made by the City of Oak Park Heights, it is clear that the Zoning Administrator acted reasonably and responsibly and is not required to issue an order compelling the removal of the structure. Indeed, the very language of the ordinance does not require that. The language of the ordinance affords the Zoning Administrator the opportunity to elect whatever reasonable options are available to him under any circumstances that will result in "action necessary to correct" the noncompliance. Consequently, in this circumstance it is eminently obvious that there is no defined and clear legal right to compel the City Administrator to do anything other than to take a form of action, at his option, which is necessary to lead to the ultimate correction of the issue. Consequently, the petition seeking a peremptory writ of mandamus is fatally flawed and must be dismissed. 6 B. The Petitioners will further argue that Oak Park Heights Ordinance No. 401.07B(7) compels the Administrator to order "the removal of illegal bui ldings o" In this particular case, there is no illegal building. There is a structure which is in nonconformity with the existing conditional use permit, which conformity issue is pending public hearings and determination by the City Council. It is noteworthy that there is a definition within the Oak Park Heights Zoning Code of what constitutes a "nonconforming structure, use or lot - illegal." That definition provides "a lot, building, structure, premise, lot, or use unlawfully established and in violation of regulations applicable at the time of development or initiation." 401.02B. In this particular instance, it is also noteworthy that the Oak Park Heights Zoning Code in Section 401.21D, Accessory Uses, provides: "The following are permitted accessory uses in a "o" district: . 5. Recreational vehicles and equipment; G. Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residence of the residents of the principal use and their guests when fully in compliance with all applicable state standards." The Oak Park Heights Zoning Code has been recently amended and is different than that which existed at the time of the issuance of the 1991 conditional use permit. Indeed, if the high school were to be built today and the singular issue of the accessory use were to be addressed by the Oak Park Heights City 7 Council, it would be unquestioned but that the use of the ropes course and its structure and construction would be a permitted use within the City's Zoning Code, which means that no special permits, conditional or otherwise, would be required for its construction. Inasmuch as the ropes course is permitted under 401.21D as a permitted accessory use, it can not by definition be an illegal structure under the definitional sections as it does clearly conform "with the applicable conditions or provisions of this ordinance for the district in which the structure or use is located" which clearly makes it, under that definition, a legal, nonconforming structure use or lot under the provisions of 401.02B. Consequently, the ropes course structure is not illegal. There is, of course, a contractual or conditional use permit amendment which is necessitated by virtue of the conditional use permit which was signed and executed between the City of Oak Park Heights and Independent School District #834 in 1991. It is also important to acknowledge the fact that the accessory use of the ropes course is now permitted under the City's Zoning Code as it will have an impact on the public hearings to amend the conditional use permit. It is clear under established case law within the State of Minnesota that where one seeks a conditional use permit, or in this case an amendment to a conditional use permit, and establishes that the proposed use meets all of the standards prescribed within the ordinance, the City Council has no discretion to deny the permit. Enright v. City of Bloomington, 295 Minn. 186, 203 N.W.2d 396 (1973) . 8 Consequently, not only is the ropes course clearly not an "illegal structure" subject to being ordered to be removed by the Zoning Administrator, but it is also a clearly "permitted structure" under the terms of the existing Oak Park Heights Zoning Code which presumes that City government will be required to grant an amendment to the existing permit to allow its retention. Writs of mandamus and writs of prohibition are, of course, extraordinary writs. Both are well grounded in the equitable powers of the Court and it is, of course, fundamental that courts of equity do not commit waste nor do they permit unnecessary damage. To order Independent School District #834 to remove the ropes course prior to public hearings which have been scheduled which presume that the same are a permitted use and absent special circumstances will probably be retained, is to do nothing other than to commit forced judicial waste upon the premises of Independent School District #834 to the detriment of the taxpayers. No reason in law and certainly no reason in equity requires an order to issue to remove those structures until the public and the City's public hearing process have had the opportunity to debate the issues relative to that structure. 9 C. Petition seeking Peremptory Writ of Mandamus also violates the principles of law which require exhaustion of the administrative remedy The City of Oak Park Heights, in the administration of conditional use permits and its public hearings affecting the same, acts in an administrative role. Minnesota state law requires an individual to exhaust administrative remedies before seeking judicial review. Minnesota Statute §462.361, Subd. 2 provides: "Exhaustion of Remedies. In actions brought under this section, a municipality may raise as a defense the fact that the complaining party has not attempted to remedy the grievance by use of procedures available for that purpose under ordinance or charter, or under sections 462.351 to 462.364. If the court finds that such remedies have not been exhausted, it shall require the complaining party to pursue those remedies unless it finds that the use of such remedies which serve no useful purpose under the circumstances of the case." It is, of course, contradictory that the Petitioners seek to utilize the city ordinance under their interpretation to force removal of the ropes course structure, then in opposition to prohibit the enforcement of the city ordinance which would otherwise compel the conducting of public hearings to receive public input on the proposed amendment as sought by Independent School District #834. Clearly, as part of an administrative procedure, this matter is not ripe for judicial review. Public hearings that have now been scheduled before the Oak Park Heights Planning Commission on March 4 and potentially the Oak Park Heights 10 City Council on March 9. The Petitioners, as all affected property owners and any persons desiring to be heard, have the opportunity at public hearing to inform the Planning Commission of the City of Oak Park Heights as to their objections or concerns with regard to the ropes course structure. The City has indeed established under its ordinances review criteria that will be studied by the Planning Commission and the City Council in reviewing the subject. Until such time as those hearings have been concluded and final action by the city of Oak Park Heights has been taken, no judicial review of this matter is appropriate. CONCLUSION Petitioners' application for peremptory writ of mandamus must be denied. Dated this 26th day of February, 1999. ERs, VIE Respectfully sub ECKBERG, WOLFF 11 GC's, NG, P.L.L. P. ark J ±erling Attorneys for City of Oak Park Heights 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439 -2878 Attorney I.D. 112823 'If the Planning Commission makes a final recommendation to the Council. STATE OF MINNESOTA COUNTY OF WASHINGTON Greg and Cathy Kunz, and Tom and Lisa Edison, Petitioners. TO: THE HONORABLE DISTRICT COURT FOR WASHINGTON COUNTY C � P� DISTRICT COURT CIVIL COURT DIVISION TENTH JUDICIAL DISTRICT Case Type: Court File No. RESPONSE OF THE CITY OF OAK PARK HEIGHTS TO THE REQUEST FOR PEREMPTORY WRIT BY GREG AND CATHY KUNZ AND TOM AND LISA EDISON The Respondent, City of Oak Park Heights, through the office of its City Administrator, does hereby respectfully represent to the Court: 1. That the City of Oak Park Heights is a Minnesota statutory city, organized pursuant to statute. 2. That located within the City of Oak Park Heights is the Stillwater Area High School. 3. That on December 10, 1991, the City of Oak Park Heights did issue to the Stillwater Area High School and Independent School District #834 a Conditional Use Permit allowing the location of the Stillwater Area High School within the City of Oak Park Heights. That the zoning district specified under which the property is utilized by Independent School District #834 is classified within the City of Oak Park Heights as "0", open space district. 4. That by facsimile transmission to the office of our City Attorney, Mark J. Vierling, the City received notice that a Petition for Peremptory Writ of Mandamus was being filed on behalf of Greg and Cathy Kunz and Tom and Lisa Edison, denoting themselves as "Petitioners' and not identifying any Respondents. That other than said facsimile transmission, no service of the Petition for Peremptory Writ of Mandamus has been served upon the City of Oak Park Heights. 5. That the Petitioners apparently object to the construction by the Independent School District #834 in the Stillwater Area High School of a ropes course in the rear portion of the high school property as the same is located within the City of Oak Park Heights. The ropes course as so constructed is considered by City Ordinance No. 401.21B as an accessory use and recreational facility. That section specifically provides as follows "401.21B. Accessory Use. The following are permitted accessory uses in an "0" district. (6) Swimming pool. Tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the resident of the principal use and their guests when fully in compliance with all applicable state standards." 6 That as a permitted accessory use under the strict terminology of the City of Oak Park Heights Zoning Code, the ropes course, poles and related facilities constructed by the Stillwater Area High School are a permitted use and would not otherwise require any special or conditional use permit to be issued by the City of Oak Park Heights. 7. That it is only by virtue of the Conditional Use Permit that was issued to the Independent School District #834 on December 10, 1991 that an amendment to the Conditional Use Permit is required as a result of the construction of the ropes course 2 inasmuch as under I., Paragraph 2 of the Conditional Use Permit, the same specifically provides as follows: "Construction of any facilities, buildings or structures not specifically shown within the existing site plan drawings shall not be allowed except upon application to amended Conditional Use Permit." 8. That the Stillwater ropes course recreational equipment was constructed on the site of the Stillwater Area High School by the high school. 9. That the structure known as the Stillwater Area High School ropes course is a recreational use and is considered as recreational equipment for purposes of application of the City of Oak Park Heights Zoning code. 10. That upon request of the Petitioners' attorney, the City of Oak Park Heights did make inquiry of the Stillwater Area High School and received data with regard to the nature of the facility and structure that had been constructed known as the ropes course. 11. After staff review of the data as so provided by the Stillwater Area High School to the City Attorney, it appears to City staff that the structure as constructed is compliant with the City's ordinances. It is only by terms of the application of Paragraph 2 of the December 10, 1991 Conditional Use Permit that an amendment to the Conditional Use Permit is required. 12. That the City of Oak Park Heights' Zoning Code in Section 401.07B, Subparagraph (6) provides specifically as follows "Duties of the Administrative Office. The Zoning Administrator shall enforce this ordinance through 3 proper legal channels and in addition therefor and in further of said authority shall: (6) notify in writing any person responsible for violating any provision of this ordinance indicating the nature of the violation and ordering the action necessary to correct i t . " 13 . That Thomas Melena as the City Administrator for the City of Oak Park Heights is the Zoning Administrator for the City pursuant to resolution adopted by the City Council. 14. That the violation, if any, existing on the site of the Independent School District #834 /Stillwater Area High School property is by virtue of a conflict with Paragraph 2 of the Conditional Use Permit issued on December 10, 1991 and is not an ordinance violation per se inasmuch as the ropes course is considered as a permitted accessory use under Section 401.21.D 5 and 6 of the Oak Park Heights Zoning Code and therefore is a legal structure under the ordinance. 15 . That the City Administrator did upon learning of the construction of the ropes course and determining the nature of its status pursuant to staff review did personally contact Stillwater Area High School personnel and indicated to them that it is appropriate that they file an application with the City of Oak Park Heights to pursue an amendment to their Conditional Use Permit. An application pursued to amend the Conditional Use Permit, if successful through the public hearing process, would correct the nature of the conflict with Paragraph 2 of the December 10, 1991 Conditional Use Permit, a copy of which is annexed hereto and incorporated by reference herein. 4 16. That the Stillwater Area High School and Independent School District #834 did make application to the City of Oak Park Heights to amend the Conditional Use Permit, which application has been accepted by the City. 17. That the Planning Commission for the City of Oak Park Heights is established Thursday, March 4 at 7:00 o'clock p.m. to conduct a public hearing on the request to amend the Conditional Use Permit to allow the ropes course in its present status as an amendment to the December 10, 1991 Conditional Use Permit. That annexed hereto and incorporated by reference herein is a schedule of the meetings and workshops for the months of February and March of 1999 for the City of Oak Park Heights verifying the existence of the public hearing status as it affects the application by Independent School District #834. 18. That if the matter is referred by recommendation of the Planning Commission following their public hearing of March 4, 1999, the matter could appear on the agenda of the City Council for final action on Tuesday, March 9, 1999. 19. That the undersigned, as City Administrator and Zoning Administrator for the City of Oak Park Heights, did take prompt action in advising the Stillwater Area High School and Independent School District #834 of the technical violation of the December 10, 1991 Conditional Use Permit. That the provisions of Subparagraph (6) of Section 401.073 do not require the issuance of an order to compel the removal of that structure, but require, if 5 anything, as it affects an ordinance violation, that "action necessary to correct it" be taken. 20. It is the opinion of the Zoning Administrator of the City of Oak Park Heights that the notice to the Independent School District #834 to apply for an amendment to their Conditional Use Permit, which will resolve the issue if the Conditional Use Permit amendment is granted by the City Council will, in fact, constitute action necessary to correct the matter. That the directive of the City Administrator to the Independent School District #834 to file an application for amended Conditional Use Permit is reasonable and appropriate and is directed to resolving the issue. 21. That the City Council for the City of Oak Park Heights, of its own action, could determine to amend the Conditional Use Permit of December 10, 1991 to delete or otherwise modify the language of Paragraph 2 of the Conditional Use Permit of December 10, 1991 which, if done, would also resolve the issue. 22. That the City of Oak Park Heights respectfully advises the Court that the actions of its staff in reviewing the issue and processing the application of the Stillwater Area High School and Independent School District #834 on this matter are reasonable and that neither the ordinance nor the practical application of facts and common sense require an order compelling removal of the structure pending public hearing on this matter. 23. That this matter at this stage is premature and that the Petitioners have not exhausted their remedies with the City of Oak Park Heights nor is this matter ripe for judicial determination 6 inasmuch as an administrative process is pending within the City of Oak Park Heights to deal with the conflict over the ropes course issue between the neighbors constituting the Petitioners and Independent School District #834. The duty of the Zoning Administrator is clear, but allows multiple options within which to deal with the issue, which options have been reasonably directed and implemented by the Zoning Administrator for the City of Oak Park Heights. That the City of Oak Park Heights is not compelled under the terms of its own ordinances to order the removal of the structure to which the Petitioners complain, but has taken reasonable action under its ordinances to resolve the issue. WHEREFORE, your Respondent, City of Oak Park Heights, does respectfully request of the Court that the submitted Peremptory Writ of Mandamus be dismissed and that the City of Oak Park Heights be granted its reasonable attorney's fees, court costs and disbursements for the necessity of having to respond to this matter. Dated this 2-5 day of ECKBERG, L■ ERS,_BRIGGS, WOLFF VIE • - 1NG, P.L.L.P. Mark J. Vierling Atto neys for Respondent City of Oak Park Heights 1835 Northwestern Avenue Stillwater, MN 55082 (651) 439 -2878 Attorney I.D. 112823 7 1999. STATE OF MINNESOTA ) } ss. COUNTY OF WASHINGTON) VERIFICATION Thomas Melena, being first duly sworn on oath, deposes and says that he is the City Administrator for the City of Oak Park Heights; that he has read the foregoing Response of the City of Oak Park Heights to the Request for Peremptory Writ of Greg and Cathy Kunz and Tom and Lisa Edison and knows the contents thereof; and that the same is true, except as to those matters therein stated on information and belief, and, as to those matters, he believes them to be true. Subscribed and sworn to before me this 2_5 day of February, 1999. Thomas Melena JULIE A. HU .TMN4 NOTARY PUBUO MINNESOTA WASHINGTON COUNTY My Cootalesion Ecites 1 8 CITY OF OAK PARK HEIGHTS INTERIM CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT NO. 834 HIGH SCHOOL File No. Date Issued: 12/10/91 Legal Description: (Washington County Plat- Parcel No See Exhibit A attached hereto Owner: Inde ■endent School District No. 834 Address: 1875 South Greele Street Stillwater Minnesota 55082 Present Zoning District: 11 0 11 Permitted uses set forth in Ordinance _ADD___ Section 401.01 et seg. I CONDITIONAL USE PERMIT FOR: construction and use - hiq -schoo 1 facility All uses shall be subject to the following conditions and /or restrictions imposed by the City Council of the City of Oak Park Heights® General Description: 1. Property shall be used for the construction of a senior high school with related facilities as are currentl described and shown in site plans and drawings attached to and incorporated within the Develo ■er's A•reement to be executed between the Develo■er and the Cit •rior to ssuance of the Conditional Use Permit. 2. Construction of an facilities buildings or structures not specifically shown within the existing site plan drawings shall not be allowed except u_pan anpl ication to amend the Conditional Use Permit. 3. Curb cuts and median cuts in excess of 24 feet as shown along 58th Street as depicted on -site drawings September 3 1991. 4. Applicant has received a variance as to height allowing the h school to exceed the 35 ft. hei ■ht restrictions otherwise set forth within the ordinance in order to allow construction of portions of the building to exceed that limitation as follows: Auditorium to 60 feet in height; cafeteria to 39 feet in height; administrative media building► 43.8 feet in hei ■ht Resolution granting variance attached as Exhibit 1.4. 5. A licant has received a variance to si na■ e aliowin • high school to post identification sianage in excess of that which is provided for by the ordinance. Reso1utionrantinq variance as to si +na ■e attached hereto as Exhibit 1.5. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. A. Accessory Buildings B. Fencing 2 The following additional restrictions and provisions being part of the Conditional Use Permit to be issued herein affecting the following matters shall be: None other than those which presently exist on the site and which are displayed on the site plan, being the Southwest Site Plan dated September 3, 1991. Cyclone fencing to be constructed along the west, south and east property borders per fencing and screening plan attached hereto as Exhibit B. c. Exterior Storage None other than seasonal athletic equipment which may be displayed and left out on the athletic fields. D. Chemical /Pollutant Storage and Disposal Applicant /Permit Holder shall obtain a Hazardous Waste Generator's license from the Minnesota Pollution Control Agency /Washington County Department of Health, and comply with all MPCA and Department of Health Regulations with regard to waste and hazardous waste disposal. E. screening Per attached Exhibit B - Fencing, Landscaping and Screening Plan. E. Landscaping Per attached Exhibit Be G Lighting Design of all exterior lighting shall provide hooded or controlled lighting features. Building security lighting shall also be specifically identified by the Applicant and Site Plans and subject to approval by the City Engineer. The provisions of Chapter 400 § 4 01 m o 3 of the Code of Ordinance for Oak Park Heights affecting glare shall be complied with, H. Parking Parking shall be initially constructed to that which is shown on Area Site Plans dated September 3 1991. The City may require the Applicant to upgrade or add additional parking spaces so as to provide for additional growth or use of the facility to be constructed by the applicant as student populations increase. The ratio to be used to require additional spaces shall be one parking stall per 2.5 students. Actual usage of the school parking facilities and plans by Independent School District No. 834 to effect a limitation on car transportation /parking needs of the facility shall be considered by the City of Oak Park Heights with regard to future review of parking facilities. 3 1. Hours of Operation Not applicable. J. Advertising /Signage Signage allowed per Signage Plan--also see I.5 K. Drainage Must conform to city approved Drainage Plan (Exhibit E) and Valley Branch Watershed District permits and regulations, (See Valley Branch Watershed District letter dated November 20, 19 91 attached as Exhibit l l . K . ) L. Circulation and Access Three access points to the site shall be provided as is demonstrated within the Applicant's Site Plan. A second access onto 58th Street leading directly into the bus corral shall be restricted to bus or truck traffic only ► leading to the bus loading area Vehicle circulation around the building up to the kitchen loading dock is provided for Applicant /Permit Holder shall provide sufficient access required by the City Planner and City Engineer to the entire exterior of the building for emergency vehicles without constructing driveway around the entire building. M. Trash Receptacles Applicant shall provide within its drawings, specific locations for trash receptacles and clearly identify same. If trash containers are to be located on the exterior portions of the building, all trash containers must be screened from view from residential areas. Screening materials shall be provided as recommended by the City Planner. (See 11.E. above) N. Other: Subject to Development Agreement to be executed between the parties prior to issuance of the Conditional Use Permit and after resolution of drainage plans and permits with Valley Branch Watershed District. 4 III. REVIEW: Periodic review of this Interim Conditional Use Permit is imposed as a condition of its grant. This Conditional Use Permit shall be reviewed annually by the City Council which shall notify the permit holder of the date of the annual review at least thirty (30) days prior to the review hearing. The City of Oak Park Heights shall provide to the Applicant /Permit Holder staff comments as it affects compliance issues with the Conditional Use Permit at least fifteen (15) days prior to the permit review date. Activities and uses not specifically provided for within this permit are prohibited. Applications to amend this permit may be applied for in the manner set forth within the zoning ordinance of the City of Oak Park Heights. Issuance of the Conditional Use Permit is awaiting final resolution of drainage plans and permits from Valley Branch Watershed District. Independent School District No. 834 recognizing that it proceeds in this matter at its own risk should the Conditional Use Permit not be issued for any reason. IN WITNESS WHEREOF the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS Date: BY: Barbara O'Neal, Mayor Date: - L Date: J O V iq9 BY: Date: 1 1991 La Vonne Wilson City Administrator /Treasurer INDEPENDENT SCHOOL DISTRICT NO. 834 Its: V© 0 AND . � the tract described in Document No. �i 68927 EXCEPT that part thereof being o file in atha office of the County tenor dQr, Washington ash�.tt tort Count Y recorded and n Minnesota, Subject to Trunk Highway 5 along the Northwesterly line Lhersof. The total area of this parcel is 118.00 acres, more or inns. s ements of record and subject to drainage and pond tng Subject to restrictions and ea 6, Township North, Range that art of the Northeast Quarter of Section , easement o P Easterly of the Easterly right of line 20 Went Washington County, Minnesota lying � 'gunk Highway 5 described an follows ; ion of eo ter line of ea id Trunk llighw�r y 5, as Commencing at tha 3.nterseot �n of said Section 6: d if presently traveled, and the South line of the North tz� ea 12 sgeunds East, assumed bearing, along said thence North 34 c�egraos 17 minutes center 1lito 268.78 root to the point of beginning thence South 55 degrees 42 minutes A 8 aacond9 East 85.00 t30 feat thence South 11 (Invent; 42 minutes 48 seconds East 115.00 fact, t~ � ��on • ce South 8t4 degrees 42 mLnittes 448 annum'!" East 110.00 feet; thence North 00 degrees 21 � s �inutaa 42 seconds East 248.93 feet; therms North 55 degrees 42 minutes 4$ seconds West 125.00 feet to said center line; thence South ds West along said center line 180.00 feet to the 34 degrees 17 min�Gan 12 seconds g ga point of beginning, ba innin containing 0.71 acres, more or less. Outlet 'A' and Outlot ' S' , Kern's Education Addition, as platted and on file and of record in the Office of the County Recorder of Washing ton County, Minnesota and 0,1ir:,d ssa� L • .ate , , r i DIN i N iF.► . i ; EXHIBIT 1.4. RESOLUTION 91-12-64 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A VARIANCE AS TO HEIGHT RESTRICTIONS FOR INDEPENDENT SCHOOL DISTRICT NO 834 WHEREAS, the City of Oak Park Heights has received an application for variance submitted by Independent School District No. 834 seeking to vary from the height restrictions and dimensions set forth within the zoning code of the City of Oak Park Heights; WHEREAS, publication and notice is required within the Ordinance has been duly provided for; and, WHEREAS, the City Council for the City of Oak Park Heights has received public comment at the public hearing in this matter; and, WHEREAS, the City Council has considered before it all the files, records and proceedings herein. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that: 1® The variance sought by Independent School District No 834 as to height of the auditorium to the level of 60 feet, the cafeteria as to 39 feet in height, to the administrative /media building to 43.8 feet in height, is hereby granted. 2. The City Council specifically finds hardship due to the nature of the facility that is being constructed upon the land is so located and given the unique nature of the facility, the Council has determined that a hardship does exist so that if the Council were to require Independent School District No. 834 to construct the building within the existing height limitations of the zoning ordinance that such standards are unreasonable given the magnitude of the facility sought to be constructed and the purposes for which it would be used. BE IT FURTHER RESOLVED that the City Council specifically finds that there is no adverse impact to any adjoining property owner as a result of the grant of this variance nor is their likely to be impact upon future uses of adjoining lands as a result of the issuance of this variance. Passed by the City Council of the City of Oak Park Heights this 9th day of December, 1991. Attest: /s/ La Vonne Wilson LaVonne Wilson, Administrator /Treasurer 1E/ Barbara O'Neal Barbara O'Neal, Mayor EXHIBIT 1.5. RESOLUTION 91- 12-63 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING INDEPENDENT SCHOOL DISTRICT NO. 834 A VARIANCE AS TO SIGNAGE FOR THE STILLWATER SENIOR HIGH SCHOOL WHEREAS, Independent School District No. 834 has applied with the City of Oak Park Heights to receive a variance from the signage provisions of the zoning code of the Code of Ordinances at the City of Oak Park Heights; and, WHEREAS, publication and mailing as required within the Ordinance has been completed and recommendations of the staff and public have been received as it effects the application for variance; and, WHEREAS, public hearings have been conducted on the issues presented with the input of the public being received and considered by the City of Oak Park Heights NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the application for variance as to signage in the manner applied for by Independent School District No. 834 as it effects the final construction location of the Stillwater Senior High School facility to be constructed within the City of Oak Park Heights is hereby granted subject to the conditions and the review of the City Planner as contained within the annexed report attached hereto as Exhibit 1 and incorporated by reference herein. BE IT FURTHER RESOLVED that the City Council specifically finds hardship within the application of Independent School District No. 834 given the magnitude and the use of the facility sought to be constructed for the use of up to and possibly exceeding 2000 high school students adjacent to Trunk Highway 5 requiring the need for signage in excess of that which is provided for within the existing ordinance so as to provide orderly identification of the facility given the dimensions of the parcel and the volume of anticipated traffic that will be generated by the use of the effected property. BE IT FURTHER RESOLVED that the City Council determines that this variance does not adversely impact adjoining property owners as to the use of their properties and will not diminish or impair the value of adjacent lands or create sight or other transportation impairments and obstructions within the area effected thereby. Passed by the City Council of the City of Oak Park Heights this 9th day of December, 1991. Attest: /s/ La Vonne Wilson LaVonne Wilson, City Clerk _ /S/ Barbara O'Neal Barbara O'Neal, Mayor E C - .� . 1 PLANNING REPORT - ADDENDUM TO: FROM: DATE: RE: FILE NO: Background: P1 0w-1 1 5 : I. Northwest Associated Consultants, Inc. U R B A N P L A U N I N G • D E S I G N I M A R K E T R � 5E A R G H bXEC[TT23 SIIVZLAAY Independent School District 184 has applied for a variance from the sign standards set forth in the zoning Ordinance. The School District is applying for two freestanding signs to be located at Highway 5 and 58th Street and the south entrance on Highway 5 Both signs are proposed to be approximately 234 square feet and 5 feet 8 inches high. Re commendation: L1 Oak Park Heights Mayor and City Council Allan Hunting /Scott Richards 27 November 1991 Oak Park Heights - School District Sign Variance 798.02 - 91.06 m L: 2 Based upon the review that follows, our office recommends granting a variance from the sign requirements for freestanding signs in the "o" District for the School District signs based on the dimensions in the plans submitted. 5775 Wayzata Blvd. •Suite 555 • St. Louis Park, MN 55416 (612) 595963'6Fax, 595 -9837 D E C 7" �� .... .9 1 r1 CI 1'1 1 5 : 1. 2 LX$ .a ID The following table compares t he zoning • signs wi within ordinance standards r� the 0, open Space Conservation District f oz the School. District a i Zoning and ppZ�cat�.on. Proposed : b i y Allowed n r 2 by n nce Number of freestanding signs Square footage of sign 234 24 (65' actual lettering) Height of sign The School District will therefore be requesting n� ��.� a variance for number of signs, size of signs, and height of signs In considering all requests for a variance subsequent action, variance, and in takin ion, the City Staff and the Board of Zoning Adjustments shall make a n finding of fact that will g the proposed action of 1. Impair an adequate supply of light and air to adjacent e lac nC property. 2 . Unreasonably increase the congestion ion in the public street. 3. Increase the danger of fire or endanger the ubl is safety. y. 4. Unreasonably diminish or impair established property values within the neighborhood, p ghborhood, or in any other way be contrary to the intent of this Ordinance. The freestanding sign located at Highway 5 and 58th Street is located 20 wa. Y feet from the Highway 5 right-of-way line or 78 feet from edge of pavement and 43 feet from the p edge of pavement on 58th Street. Due to their size ,,and location, both signs will not impair light ht p g or air to any adjacent property, nor will they affect property values, increase traffic Y p p Y ease traf f is conges tion or fire danger. The signs are located outside of the street corner sight triangles and as such, their added height and dimension should not impair traffic visibility from either site location. 2 9 1 8 11 8' D E 1� Of the 234 •total equate feet only approximately is used for lettering. 65 s ar f� tering , 'the freestanding sign feet � District are very re �'n requirements in the y strictive and do not necessarily account the scale or the School take into ��.strict District's application. Due to highly restrictive requirements identification licit' � ements on �.dent�.fication signs, strict application ion of the ordinance would crew the School District in th to a hardship for that signs allowed by Ordinance would be so small they would not be vi s ib]w e . as identification he signs are meant as signs and help establish ish the location of the e e high The size of the signs are in relation to the size i e s�+�.e of the school, i in that they are not excessive n size compared to the schoo]. building. The construction materials i. � with of the sign are also consistent t �.nt with those used on the school building which ' the signs blend into wz.11� help the site. Granting these variances does not conflict with any of the purposes of the "O' District. The size and number of signs d ens ace s o not conflict with the open p intent of the district. cONCI,t7S ZQN co i-'i +5 Based on the very limiting sign requirements, our office recommends granting a variance for number of e igns , size, and height of sign. pc: LaVonne Wilson Mick Ka ehl e r Mark Vierling Dan Parker 3 .� CI 4 ti;■:.;?:6sS:14,1 t‘ ;14: t t LAf.,,17,?...,. Z.1!fi.li:•.4"1";'.*1)•,:ti:rit....:,;:t.1; 141, g:;,s, ..t • , .4 i2.1(...;:13.11 Aft,s1■1;■40.‘P:•%.4...,1 (.1111•4•;11:1?-.0;:•;1i `).1,k11 ."eW'ih .■% f :1 •-■ .171 •••A :5;s. 01?;;;11 •*. • ,1• • • ',. .'•;;.'; ‘ 1 .;; • c,,,eNNIf..•,„,..,;•..,•;;(111,1 ,„'..5,7:411.•eff.se;b1A• • 4,41%.0.:•41. * )41..1,•‘c,71;.,,•A%'%.*-,' • 1: 0,111 A :1,0"0,'?') #r1/4'4. '" •;1'..•114;'.1"/ •A levkitiVie'rt• r r. "7 :C. • • 1" 7 If` i x 'I .1":(1 I.". 1: • PriseltP:i; %.• 4 . t `,1,•;: , 't Ai ,* 1:1..‘,••••••*160'11 ' .1.1..)";:j e4r41.5441,,q, ■;#1.4i1::iag!"!4'N;;I i s i l ; 4:41 ; :1%1 .'• 1Nt At.tly "1'1 1. • k :1. „ . •7:1:t • %0 11 • .40*, 4. • t. .",* • ii I * ic7 %.1 . • Le—T.— • 0, s " • • az CC ••■•••••■••••• a 1 1 1,400:••••■.••••••••=0,110•••x••••••.•••••••••••••••••••••••••••••,6441••••••••••••• ..•••.•••••••••••••••••••••• E - cr. El 5 ,5‘ 0 • DE ry°�° 4 A ; 4 Pa ... mil.. P - 1 c.i otr,e "r L.r..V.4 10 (:OTH t S1CAS s 14% .SCHOOL. SIGIN) X El tt+ , „ , i 9, ' SCHOO ■ ., ., A . v Cad,r 5rtCIAL ,$ Is CC& anVwt. L. I 4rti A& : + 'dc- tr'QC tobL F bw sc.E. ;mT 5d Cori" ! 4 * r' 12 'NW oPo 54 w/' 2• 7 copkIr wf' a cow Arc maT L i'istt4 -PT bLAC)4 r Stet : PTA site 4 DEPTH . 140 ,'P11L4bi ,vO f Cal " el 7 11 . Dear Mr. Matzke: EXHIBIT I I K Mr. Andy Matzke Armstrong, Torseth, Skold and Rydeen, Inc. Architects/Engineers 4 901 Olson Memorial Highway Minneapolis, MN 55422 November 20, 1991 RE: Stillwater Senior High School Project - Oak Park Heights, Phi Enclosed is the Valley Branch per L t for your project. Please note the following conditions Lies ed by the Managers, which are also listed on the p back of the permit: 1. Per *-s s icn is granted to construct the detention pond in the o no hwest corner of the school site, according to plans dated Septeer 3, 1991. 2. Per= s s icn is o4 an te: to temporarily pump pater from the detention d pond in the northwest corner or the school site to the Kern Center pond. This becomes effective when the Board receives evidence in writing of the approval of do its tr eazi proper ;r owners, the MN Dept. of Transportation, Browns Creek + "MO and Bayzown Township, prior to co=es4c :men rr ❑ f. work. 3. The mitigation plan for the filling of the 0.5-acre wetland in the sod ,field is approved. The approved plan calls for a 0.82-acre expansion of an existing wetland east of the construction site, in the Environmental Learning Center area. 4. Conditions /1, 12 and i3 are contingent upon the D is tric engineer's approval of a temporary erosion control plan. 5. This permit does not approve all activities requested on your November 13, 1991 permit application. Other items still requiring review and approval are listed below. In addition, the Board has authorized its engineer to study the impacts of the development of the school site on the water levels of Cloverdale and McDonald ALLEN DORNFELD RUSSE =...1. KIRBY GORDON C. MCOSBAUGGER RAY BRENNE.R WTLLAM RCHRER VALLEY BRANCH WATERSHED DISTRICT P.O. Box 838 LAKE ELMO, MINNESOTA 55042-4538 Mr. Andy Matzke subsequent permit requests. November 20, 1991 Page 2 Lakes, which may affect future Board approval. The approvals granted in this permit do not commit the Board to approve If the permit applicant chooses to proceed with these permitted activities, the applicant does so at his own risk. The following items still require review and approval, and will need to be addressed in future permits: 1. The trunk store sewer system design must be completed; at that time, the review of the lateral storm sewer system can be completed. 2. The mitigation plan for the alteration of the south wetland needs to be completed. Our engineer reviewed the proposed mitigation outline on November 11, 1991 and had concerns about accepting fringe areas as wildlife habitat and accepting a partial mitigation plan with the remainder of the mitigation to be performed at a later unspecified date, off of the school property. 3. The Board will require evidence that all necessary easements and approvals have been obtained before granting approval of the construction of the south pond outlet to Cloverdale Lake. Approval must be obtained from the adjacent property owners (Paul Bischoff) for the alteration of the south wetland. 4. All parking lot runoff must drain to skimmer /sump manholes before flowing into the south wetland. The skimmer /sump manhole locations must be shown on the storm sewer plans. 5. Drainage easements up to the 140-year flood elevation must be shown for all ponding areas; drainage easements must also be shown for all storm sewer pipes and drainage routes. In addition, please provide 100-year flood level computations far the two large wetlands immediately east of the construction site. Mr. Andy Matzke November 20, 1991 Page 3 Thank you for your cooperation with the District's permit program. If you have any questions, feel free to call either me at 777-5590 or Karen Chandler at 832- W2813. ce Russell Kirby Ray Marshall Karen Schultz Karen Chandler LaVonne Wilson Joe Anderlik Patricia St. Claire Charles Wetzler Dan Parker Dan Johnson John Stine Gary Elftmann Sincerely, ed Allen Dornfeid, P esident HOARD OF MANAGERS A $750 escrow deposit shall accompany this permit, unless waived by the Board of Managers. (Governmental Bodies are not required to pay a fee). Applicant acknowledges familiarity with the Rules, Regulations, and Ordinances of the Valley Branch Watershed District. Send Permit Applications to Valley Branch Watershed District, c/o Barr Engineering Co, , 7803 Clenroy Road, Minneapolis, MN 55439 -3123 OWNER ISD #834 1 At tn: Dan Parker PHONE 430-8201 ADDRESS t llwater MN ZIP CODE 55082 APPLICANT ATS &R Inc. 1 Attn: Andy Matzke PHONE 545-3731 ADDRESS 4901 Olson Memorial, Hwv... Minnea polis ZIP CODE 55422 Signature VALLEY BRANCH WATERSHED DISTRICT PERMIT APPLICATION For Approval of a Project DATE NOTE: The applicant assumes all responsibility for compliance with permit conditions. PROJECT NAME ti l�.aater Senior Hi. h School ADDRESS . v d. N. T.H. 5 and 55th St. N. LEGAL • Section 6 in the Municipality or Township of 1/4 Section NE & S E Township Oak Park Hei• hts 29N Range PURPOSE OF PROJECT Proposed Hi- h School and related facilities. Attached are plans and supporting documents for: Land Development . S tormwatar Management Northwest Storm Detention Site Drainage To City Trunk Storm Sewer Floodplain Development X Wetland Alteration-Filling 0.5 Acre Wetland Riparian Improvement- Shoreline Setback Pon: Private Drainage System X Other: Explain Use and/or Appropriation l. t atipu -0.82 acre expansion of of Public Water Southeast Wetland • 2. Temporary Pumping (Nov -Dec. 1991) of perched Bridge & Culvert. T ground water to Kern's Center pond on west side of Highway 5 for new pond excavation. START OF PROJECT ESTIMATED COMPLETION TIME June 1, 1993 Is an environmental assessment or environmental impact statement being Construction prepared for this project _-_ -ves To be completed by May * .'c fir.' *- :;n:- rf eltr - * :` -A-A -I rk riri 'c ri h :'r inic ry'c** 1n'r**-Ir*** ESCROW DEPOSIT kit RECEIVED November 13 1991 AGENDA November 14 1991 SEE REVERSE FOR CONDITIONS OF APPROVAL OR REASONS FOR DENIAL VBPA /327,0/dad No, 91 -24 . l3 17 20W 1991 . l VALLEY BRANCH VATERSHED DISRICT Approved 4 , 19 j •RM I I Permission is granted to do the work proposed in application number 91„.14 (attached) , in accordance with the Rules and Regulations and Overall Plan of the District; subject to the following provisions: 1. Permission is granted to construct the detention pond in the northwest corner of the school site, according to plans dated September 3, 1991. 2. Permission is granted to temporarily pump water from the detention pond in the northwest corner of the school site to the Kern Center pond. This becomes effective when the Board receives evidence in writing of the approval of downstream property owners, the MN Dept. of Transportation, Browns Creek WMO and Baytown Township, prior to commencement of work. 3. The mitigation plan for the filling of the 0.5-acre wetland in the sod field is approved. The approved plan calls for a 0.82 acre expansion of an existing wetland east of the construction site, in the Environmental Learning Center area. 4. Conditions 11, i2 and 13 are contingent upon the District engineer's approval of a temporary erosion control plan. 5. This permit does not approve all activities requested on your November 13, 1991 permit application. Other items still requiring review and approval are listed below. in addition, the Board has authorized its engineer to study the impacts of the development of the school site on the water levels of Cloverdale and McDonald Lakes, which may affect future Board approval. The approvals granted in this permit do not commit the Board to approve subsequent permit requests. If the permit applicant chooses to proceed with these permitted activities, the applicant does so at his own risk. The Board reserves the right to review and revise these special provisions as circumstances may require. This permit: is valid for a period of one year from date of issuance unless otherwise noted and may be suspended for failure to comply with the above specified provisLonq. Signature , Title VALLEY BRANCH WATERSHED DISTRICT NOTE: The granting of this permit in no way purports to permit acts which may be prohibited by other governmental agencies. Armstrong, Torseth, Skold and Rydeen, Inc. Architects /Engineers 4901 Olson Memorial Highway Minneapolis, Minnesota 55422 1 12F1- 9 )Z-g`t (612) 545 -3731 / FAX (612) x-8$99 g4 1€h'1 � ka,wi , fi r; TO: 1 e �'� l8'05 Dr{-' ern AvunNe, RE: 5O82 r'n n r� Signature: WE ARE SENDING: Attached Under Separate Cover Via the following items: Shop Drawings Copy of Letter 1 Cooies Date No. THESE ARE TRANSMITTED as For Approval For Your Use As Requested For Review & Comment T DA A 1 Pet A ARA I it Prints Change Order DATE: ¢(i Plans Specs ,_, sugrArsic, ; r . 16 -{ chef(ed below: Approved as Submitted Approved as Noted Returned For Corrections Please acknowledge by sig7 ng below and returning one transmittal to this office. For Checking: Make corrections and retain one copy for your files. Send our office and balance of copies to General Contractor. Please sign all copies. Retain (1) copy for your files and return remaining copies to our office. We will forward a completely signed copy upon receipt from the Owner. Please sign copies and return copies to this office. +1 IZ.(O D p t Date: 0 LETTER OF TRANSMITTAL on Other EXHIBIT 13 & E PROJECT #: Resubmit cc: For Appr :vm Submit cc: Distribution, Return ---- Corrected Prints copies to 00 32. L 14 • • --_ . - ---. - . __. • •<: � • ' r - ` KY x mvr�^ » - `�// C �xu --��'- . . 4. ___, v.: ) .... • ,;. "'- ---- ../J -7...„,........:, -- --. 4/.....-.% ~., ..,.. -.. . ~ _ ' _ g " /( ) v.)//).) . ��/�� ' ��m^e;� ' ' �� ,•( '_'`����/ °`...�~=~ " ^.-�x�^~ z�*nx `- ~.~'' .. ....... . � n��*�� �, . - �u�' ' 1' — " ' ' ' ' mm ~ = .````� ` ` �r� ~ ' `~. �n' �` ` ~~. � � ��` - / �`^ -~-` ~= `. ^° ~. �^ ,i,??.i-,!.. H "!t. , i, r. 8 -:� EXHIBIT A- REFERENCE PLAN') �n ▪ - ` ---� ■ ; • • sa = ~_ • ' -'. ' '. � �' ' .`.'' 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NO4i1VJ 1 7fii Remarks: Please sign DATE: A\ RE: I:: ETTER. OF TRANSMITTAL PROJECT ECT # 4 Change Order Specs copies and return copies to this office. WE ARE SENDING: xx Attached Under Separate Cover Via the following items: Shop Drawings Prints P1 ans Copy of Letter Other THESE ARE TRANSMITTED as checked below: Approval Approved as Submitted Resubmit cc: For Approval For Appr ., p For Your Use Approved as Noted Submit cc: Distribution As Requested Returned for Corre Corrections Return Corrected Prints For Review/Comment •• 1 =; • I • • • f - H. ■i ar Cf F + • / ti 't .._.. �... :.k , . • -•..ut • .. • + • • �� �•. ... TIM A t• ti � a i Imgmairga d m • MERE NUM • . • C:) !! •:•••• • s• • ft)i ft •• —••• . 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VI ' 1 '• r.■ = rr .f N,'N 1 . 7 1 '‘.1 \ • 1 • \_ ':•t'-...--..:.r rrr ••-. ...-i a Z :":-": = ' ' t : - :: :: ::7 - 5::.: : :::::::::::....: 1 : i ■ ' ...`....r, J.' •1 ti d.. ■ • - . r ;jt A .a ,� ► � �} +' `- -_ 'car • ■ i $ t 1' 1 J Js Cr; Monda February 22 Tuesda February 23 Wednesda February 24 7'b.ursda February 25 Monda Marc} 1 Wednesda March 3 Thursda March 4 Monda March 8 Tuesday, March 9 Thursda Marcia 11 Saturda March 13 Tuesda March 16 CITY COUNCIL MEETINGS & WORKSHOPS FEBRUARY & MARCH, 1999 11 :00 a.m. 6:00 p.m. 7:00 p.m. 11 :30 a.m. — 1:00 p.m. 7:00 p.m. 6:30 p.m. M :00 p.m. 7:00 p.m. 6:30 p.m. 7:00 p.m. 10:00 a.m. 8 :30 a.m. -4:00 p.m. 6:00 p.m. February 18, 1999 Meeting with NInDOT to discuss Braun C Bridge Proposal (Oak Park Heights City Hall) EDA Wor session Cit Council Meeting (Council Chambers) Social Gathering at Applebee's to follow Stillwater Area Camber of Commerce Annual Meeting (Grand Banquet Hall) . Planning Commission Meeting (Council Chambers) Parks Commission Workshop Strategic Planning Committee Meeting with Ba (Ba Cit Hall) Public Hearing re: Ropes Course Ryder 'Transportation Public Info. Mtn. (Large Conference Room) Cit Council Meeting (Council Chambers) Social Gathering at Applebee's to follow Coahtion of Utilities Cities (League of Minnesota Cities Blue Mound Room) Strategic Planning - location to be determined Council Worksession (Large conference room) Social Gathering at Applebee's to follow STATE OF MINNESOTA COUNTY OF WASHINGTON Greg and Cathy Kunz, and Tom and Lisa Edison, Petitioners. STATE OF MINNESOTA } } ss. COUNTY OF WASHINGTON) DISTRICT COURT CIVIL COURT DIVISION TENTH JUDICIAL DISTRICT Case Type: Court File No. AFFIDAVIT OF KRISTIN DANIELSON, COMMUNITY DEVELOPMENT DIRECTOR CITY OF OAK PARK HEIGHTS Kristin Danielson, upon being first duly sworn on oath, deposes and states that she is the Director of Community Development for the City of Oak Park Heights. In that regard, she has reviewed the file as it affects the application submitted on February 11, 1999 by the Stillwater Area High School /Independent School District #834 to amend their Conditional Use Permit. 1. That annexed hereto as Exhibit 1 and incorporated by reference herein is a cover letter of Mr. Daniel Parker of the Stillwater Area Schools dated February 11, 1999 referencing the attached completed development application and including maps, drawings, detail on the high ropes course, a signed application on the form prescribed by the City of Oak Park Heights and payment for filing. 2. That annexed hereto as Exhibit 2 is a copy of an invoice that the City of Oak Park Heights received from the Washington County Surveyor's office providing a certification of properties within 500 feet of the Stillwater Area High School. 3. That annexed hereto as Exhibit 3 is a copy of a faxed request made by the City of Oak Park Heights to the Washington County Surveyor's office dated February 3, 1999 requesting the property owners certification within 500 feet of 5701 Stillwater Boulevard North, which is the senior high school facility. 4. That annexed hereto as Exhibit 4 is a copy of the notice forwarded to the Courier News from the City of Oak Park Heights requesting publication of public hearings. 5. That attached hereto as Exhibit 5 is a copy of a fax from the City of Oak Park Heights directed to the Washington County Surveyor's office requesting additional information with regard to property owners and geo codes identified. 6. Exhibit 6 attached hereto and incorporated herein by reference is a copy of the completed parcel ownership list as was mailed to by the City of Oak Park Heights on the application for Amended Conditional Use Permit, which mailing took place initially on February 19, 1999 and thereafter on February 22, 19 9 9 to include additional properties. 7. That annexed hereto as Exhibit 7 is a copy of the Notice of Public Hearing published and mailed by the City of Oak Park Heights identifying March 4, 1999 at 7:00 o'clock p . m . as the date and place of hearing for the public to comment with regard to the request for an Amended Conditional Use Permit to allow the ropes course at the Stillwater Area High School. 8. That your affiant also advises the Court that an additional submission was made by the Stillwater Area High School consisting of a more detailed site drawing which was subsequently 2 received by the City of Oak Park Heights and which is part of our file which has been made available to the public. 9. That your of f iant further advises the Court that under the provisions of City Ordinance No. 401.03A on amendments to conditional use permits, request for amendments or conditional use permits shall be filed with the City on an official application form at least 20 days prior to the date set for the public hearing. Applications are to be accompanied by a fee, copies of documentation, and a list of property owners within 350 feet . That it is the established practice of the City of Oak Park Heights either to have the applicant provide the list of mailings of property owners within 500 feet or that the applicant can have the City obtain those directly from the Washington County Surveyor's office, which, if done, will then be billed directly back to the applicant. That this is the standard practice within the City and has been used with all applications and is not unique to the application of the Stillwater Area High School and Independent School District #834. 10. That your off ±ant also advises the Court that under the provisions of 401.03C dealing with conditional use permits under "Information Required ", Paragraph 3 provides: "The information required for all conditional use permit applications generally consist of the following items, and shall be submitted when re ested b the Cit Q . 11. In this particular instance, the matter sought for review by the applicant consists of an amendment to an established Conditional Use Permit which was issued by the City in 1991. The information received by the City of Oak Park Heights was deemed by 3 my office as well as that of the City Zoning Administrator to be sufficient for purposes of receiving the application and the supplemental information received during the course of this process has also been appended to the file. 12. It has been your of f iant' s experience that it is customary for cities to receive additional information on applications pending before the city, not only from applicants, but from other interested persons and to make that part of the public record at such time as the matter is submitted for formal public hearing. opinion the City of Oak Park Heights has been consistent within its practices and substantially followed the requirements of its ordinances. 14. That your affiant is convinced that the public has been and will be afforded a full, fair and adequate opportunity to discuss and have their comments heard with regard to the application of Independent School District #834 as it affects this application. FURTHER YOUR AFFIANT SAYETH NOT. Subscri this No ary Public 13. That your affiant advises the Court that in her d and sworn to before me day .oaf February, 1999. MA MARK J. VIERLING NOTARY PUBLIC ~ MINNESOTA WASHINGTON COUNTY My Comm. Expires Jan. 31, 2000 ristin Danielson 4 EXHIBIT 1 CITY OF OAK PARK HEIGHTS ■ DEVELOPMENT APPLICATION 14168 57th Street North P.O. Box 2007 Oak Park Heights, MN 55082 612/439 -4439 Fax: 612/439 -0574 Please read carefully and answer all questions thoroughly. only complete applications will be accepted i P PP epted after validation by the City Administrator and prior to acceptance of required processing fees /de osits. g P Street Location of Property: 5701 Stillwater Blvd. N, Stillwater, MN 55082 Legal Description of Property (Attach additional sheet if necessary): Property I.D. o R 06.029.20.41.0002 Owner: Name: Stillwater Area Schools (District #834) Address: City: Type of Request(s): Description of Request(s): 1875 So. Greeley Street Stillwater Telephone (Home): Applicant (If other than owner): Name: Address: ......... ......... . City: _._..__.. Telephone(Home): Zoning District Amendment Conditional Use Permit (Amendment) Variance: Single Family Residential Variance: Other Residential /Commercial /Industria.l Subdivision Subdivision: Minor State: State: Base .R ee: $300 Escrow Amt: s/00 Date Hat MN Zip: (Business): (651) 351 -8321_ � (Fax): _(651) 35 -8330 Zip: (Business): � (Fax): , Home Occupation Home Occupation: Minor PUD: Concept Plan PUD: General Plan Comprehensive Plan Amendment Street Vacation 1 : 0 4 4 o9 lilt 11'3 55082 it to include Roses Course Page Two, City of Oak Park Heights Development Applicat If a request for a pianninglzoning action on the subject site or any part thereof has been previously it below: Y p n pre'�ausiy sought, please What? Where? The undersigned acknowledges that sheltie understands that before this request can be considered and/or approved, all required information and fees, including any deposits, must be paid to the City, and if additional fees are required ,f q ed to cover costs incurred by the City. the City Administrator has a right to require additional payment from one or more jointly i .�' of the undersigned, who shall belotntly and severely liable for such fees. Please refer to the fee schedule, as updated by City Council on page 3 of this application. p An incomplete application will delay the processing and may necessitate a re-scheduling of the review time frame. g f The application approval time line commences and an application is considered complete when all required information and fees are submitted to the City. q Sixty (60) Day Waiver: The City hereby notifies the applicant that development review m not be completed within a3' P the required 60 days clue to pubes hearing requirements and agency review; therefore, the City is taking an automatic 60- day y extension for development review. Development review will be completed within 120 days unless additional review extensions are approved by the applicant. Signature(s) of Owner(s): Signature(s) of Applicant(s): Approved ta,L, LA-4-4 e- 5S MA Denied by the City Council on: Date: Date: Date: Date: (date) ) a 7 e_ VT INDEPENDENT SCHOOL DISTRICT NO. 834 STILLWATER, MINNESOTA 55082 834 ACCOUNT NUMBER CHECK DATE 0 1/15/99 VOUCHER CHECK AY 70 THE .O RDER OF CHECK NO. STILLWATER AREA SCHOOLS ISD # 834 1875 SOUTH GREELEY STREET STILLWATER, MINNESOTA 55082 R f AMOUNT Tp VENDOR NO. V 104003 500.00 96455 TOTAL * * * * ** *500 DOLLARS 00 CENTS CITY OF OAK PARK HEIGHTS 14168 NORTH 57TH STREET PC BOX 2007 STILLWATER MN 55082 -3007 CITY OF OAK PARK HEIGHTS T # T2 DATE P.O. NO. INVOICE NO. 01/14/99' 600.00 KH ..... �. .... . RBI. .. T. .... �RM J EI � c ` . W ............... ...... ... . 04003 10O c iti55 1 1 4 I :09 1.9 L❑ L9Eu: in L ° VENDOR NAME 01/15/99 LAKE ELMO BANK LAKE ELMO, MN 55042 independent 5cht o1 District 96455 1 F 1 CREDIT M. PERMIT -ROPES ; CRS F � VOID AFTER 90 DAYS E 1 THIS MOUNT :. $600.0 rta44L. g fr/ ' . mac f aeri&TREAsusErt CONTROL NUMBER 0964E ACC" CONTROL NUME 0964'5 75 -1079 MIRA 6r ■ ma STILLWATER AREA SCHOOLS February 11, 1 999 Ms. Chris Danielson Community Development Director City of Oak Park Heights P. O. Box 2007 Oak Park Heights, MN 55082 Re: CUP -- Stillwater Area High School Dear Ms. Danielson: Attached is the completed Development Application as requested. This request is to amend the CUP for the high school to include the Ropes Course completed during 1998. Also included is informational material regarding the individual apparatus and the site plan. A detailed site plan will be provided showing the location of each piece of equipment and the fence that was installed in accordance with Building Permit 4BP- 98- 00672. The Sr. High School auditorium has been reserved the evening of March 4 for the planning commission meeting. Additional information will be submitted in the next several days. Please r let me know how many copies you would like for distribution. Sincerely, Daniel C. Parker Business Manager DCP be Enclosures cc: Cabinet File Effective Learning Through Excellence in Education 1875 SOUTH GREELEY STREET STILLWATER, MINNESOTA 55082 351 -8340 V -TDD: 351 -8338 • •• • • +■ 1 . • • f 1+. - • • • 4■ • • - - •� • ■• fi r ■ • • • ■• • O • %r • • kfl; • • •• • , • • rt• .* \ .r-i�� •y.•t ���- •�■'w• / . - -" r • • ~ ti • •• •■ce 1. ■ • ! • a 1 t . , ••..„ •.rw r..r • ,••i• • • I 1 1 f 1 • -...7--- 1 :N\' _ I) 0 . /.07'1. ••.: ., i ii)whil A i',I.c,...-.z.• iiii... • ■ , tt... ....„..,,...„.;,,,, . -...,:/ 4..,....„....... .......„,.b., \--.--.,., . i x. A . . ‘ • • • • 5 •• o i t ; ■ •• , •; • 1 . .', -.:-. r.,...7..i.,,, ....„............. . _ ‘,--. .....,,, , .. .. . _.,,,.... 1 .-...,,„.....,,,.... , ....-_-----__ ..- r, ((....._,....:::--- /7. - ..1-...—_--7::- • • EXHIBIT A - REFERENCE PLAN • • 1 • •. l • ii+tl 1 . _•. • �f / 1; 7 • • .• t t t .' �. • � ■iP��� 1. 7 .t :. ■ 1 • o • 1 11 ".! f amateraassavan 40 COURSES * a • Stillwater High School HIGH ROPES COURSE, ZIPLINE a %. CLIMBING TOWER TEAMS and LOW ROPES COURSE PROPOSAL April 20, 1998 . 4 P.O. Box 259 1.34.4 12th. St. Martin, MI 49070 616 -672 -9173 m a 0.) (7)) .> 0 LLI a: Q � Z W Q < 0 C 0 0 u 43 Lf) ( ' 11 ' V1 0 a v w 0 0 rt ‘+r 0 J 1 00 cu 4 v 0 a ti * w Q ,. 0 0 0 v r �. 'CO v C rCi CL 0 a.n • v J cn o o c °0 co, D 0 0 • may. : ^P ��:•� ry. Y, X'' _C: - be 0-) c 2 w u o o 2 v 4 — w LU C u w Q C 0 Y...1 co 0 LU CX v) tt 0 43 U v) N � W o cu CO 0 ( tu o it I Q 0 43 U a i � m � 0 W QJ _J as 0 ▪ -2 w a � o W - t, a.) LL C�1 L �„ � � o 4-2 a. v 0 • L) cL • . ti • = l -' :'- � --'fsti jr :,frC'�Zr` � 'C� CI) d :a o !LI Lei B U cz 9)- az CY to O �C % t 012 o a o p L o4E-5p 0 -c V vl j ..., t 0 rz L7.. , _a c v fG .2- U _c 0 • ' �;;; �.•. �:�:,;� , 3 �•. • ` yw. � r iC'•y 'Yr7i7 "Ky. a rr`7� •r? D i - r.•`, \ - �ri?e'v�ti uJ LL. 03 112 o - u c E t > CU rG cy o ° • a l S ( 1) ?: LJ 0 • L.) a. LU w LL c E C E 0 n z 3 v L.,L) 2 o� c v cn c Q.) u 1'62' rz o 0 c • r c E 0 v F. v z v - c cc U c c D o 0 76 L $J W C aJ CU L� = > 2 (G p E u aJ tt L o c r c c c c w 0 z CC w w w 0 z w w 0 CC w w w w 2S AVal.2Nf - LL1ny4 w CC w EXHIBIT 2 WASHINGTON COUNTY SURVEYOR'S OFFICE 14949 62nd Street No., P.O. Box 6 Stillwater, MN 55082 -0006 (651) 430 -6875 BILL TO City of Oak Park Heights 14168 57th Street North P.O. Box 2007 Oak Park Heights, MN 55082 ITEM Parcel Search Adel Parcels Mailing Label Parcel Search #99026 Project: Stillwater Area Sr High Sales Tax DESCRIPTION The property owners' names and addresses can NOT be sold or used for business purposes, if the business purpose consists of conducting surveys, marketing, or solicitation. (Pursuant to 1997 Minnesota Laws, Chapter 3, Section 27.) TERMS NET 30 QTY Please make checks payable to WASHINGTON COUNTY SURVEYOR. 1 29 4 REP LAR RATE Total DATE Invoice INVOICE # 2/22/1999 299043 1)10-A ak.- -4i Z 50.00 0.50 1.00 6.50% JOB NO. Julie Hultman AMOUNT 50.00 1 4.50 4.00 0.00 I $68.50 THIS INFORMATION WAS COMPILED FROM WASHINGTON COUNTY SURVEYOR MAPS AND COUNTY ASSESSOR DATA FILES. THE COUNTY SURVEYOR'S OFFICE IS NOT RESPONSIBLE FOR ANY INACCURACIES IN THE INFORMATION RELIED UPON IN THIS PARCEL SEARCH. Alexander Home Builders Inc Alk , Amdahl, Chris B &Julie M 1024 Dennis St S 1386 Hilltop Rdg 5630 Newberry Ave N Maplewood Mn 55119 Houlton Wi 54082 • Stillwater Mn 55082 Anthony, Sharon M & Willett, J 12811 53rd St Stillwater Mn 55082 Aslin, Matthew J & Mary T 5690 Newberry Ave N Stillwater Mn 55082 Bischoff, Paul W & Doris A 5040 N Neal Ave Stillwater Mn 55082 Brackey, Robert L & Janet M 1336 Jackson St St Paul Mn55117 Cates Construction Inc 13040 56th St N Stillwater Mn 55082 Charpentier, David J & Jane M 13045 56th Ave N Stillwater Mn 55082 Dwyer, John P & Elizabeth A 5680 Newberry Ave N Stillwater Mn 55082 Felling, Michael A & Susan L 5665 Newell Cir N Stillwater Mn 55082 Furlong, Kevin J & Jill A 5605 Newgate Ave N Stillwater Mn 55082 Arcon Development Inc 7625 Metro Blvd Ste Edina Mn 55439 Ballot, Gerald A & Kathleen M 13 340 51st St Ct N Stillwater Mn 55082 Bowman, Kenneth L & Christine 5645 Newberry Ave N Stillwater Mn 55082 Bradley, Stephen L & Claudia M 5680 Newell Cir N Stillwater Mn 55082 Cates, Jeffrey A & Jennifer L 13185 56th St N Stillwater Mn 55082 City Of Oak Park Heights 14168 N 57th St Po Box 2007 Stillwater Mn 55082 Edison, Thomas J & Lisa J 5343 Monarda Ave N Stillwater Mn 55082 Fetter, Patricia A & Lawrence 5640 N Newberry Ave Stillwater Mn 55082 Gibb, Donald C & Lucy D 5650 Newell Cir N Stillwater Mn 55082 Ashland Inc 539 S Main St Tax Dept Findlay Oh 45840 Berger, Mark W & Daria R 5685 Newberry Ave Stillwater Mn 55082 Brackey, Robert 1336 Jackson St St Paul Mn 55117 Brookman, Clavin J &Shoernaker 11144 N Stillwater B Lake Elmo Mn 55042 Cervantez, Anthony A & Lisa M 5755 Newberry Ave Stillwater Mn 55082 Doyle, Kenton B & Deborah Ann 13220 N 56th St Stillwater Mn 55082 Evan Luth St Johns 5274 Stillwater Blvd Stillwater Mn 55082 Fredricksen, Terry P & Susan 5640 Newell Cir N Stillwater Mn 55082 Gilbertson, William C & 13089 53rd St PIN Stillwater Mn 55082 Grigg, Bryan L & Diane E 13023 53rd St N Stillwater Mn 55082 Haseman, Larry A & Laura J 5660 Newell Cir N Stillwater Mn 55082 Husten, Stephen P & Carolyn S 13 160 56th St N Stillwater Mn 55082 Jensen, Robert R & Loretta M 5355 Monarda Ave Stillwater Mn 55082 Johnson, John A & Kris S 13085 56th StN Stillwater Mn 55082 Kern, John W Po Box 2205 Stillwater Mn 55082 Ktj Limited Partnership Eleven 900 2nd Ave S Ste 4 Minneapolis Mn 55402 Larson, Philip & Smith, Jeanne 4147 Goodwin Ave N Oakdale Mn 55128 Leroux, Charles P & Deborah D 13145 56th St N Stillwater Mn 55082 Martinucci, Arthur & Rita 5650 Newberry Ave Stillwater Mn 55082 Haase, Elmer 6604 N 29th St Oakdale Mn 55128 Haug, Thomas A & Hillary E 5695 Newberry Ave N Stillwater Mn 55082 Irwin, Donald C & Margaret B 5645 Newell Cir N Stillwater Mn 55082 John Low & Associates, Inc 324 Main St S Ste 2 Stillwater Mn 55082 Jungquist, Terri & David J G 13165 56th St N Stillwater Mn 55082 Kern, Violet 21 080 Olinda Trl N Scandia Mn 55073 Kunz, Gregory F & Cathleen A 12820 N 53rd St Stillwater Mn 55082 Lee, Joseph A & Helen M 13020 53rd St N Stillwater Mn 55082 Lorentz, Christine M & Daniel 13140 N 56th St Stillwater Mn 55082 Meinert, Michael J & Pamela R 5735 Newberry Ave N Stillwater Mn 55082 Hallas, Ricky A & Dianna M 5775 Newberry Ave N Oak Park Heights Mn 55082 Hebert, Peter D & Evonne R 5665 Newberry Ave Stillwater Mn 55082 Jacoby, Michael James & Susan 5295 Neal Ave N Stillwater Mn 55082 Johnson, Christopher T & 12880 53rd St N Stillwater Mn 55082 Kemper, Fredrick L 1386 Hilltop Ridge Houlton Wi 54082 Kozo 1, Jr, Theodore J 12340 53rd St N Stillwater Mn 55082 Labelle, Michael J & Dorf Meli 5670 N Newberry Ave Stillwater Mn 55082 Leitz, Nancy 5670 Newell Cir N Stillwater Mn 55082 Makowski, Patricia Ann 5245 Neal Ave N Stillwater Mn 55082 Melchior, Barry R & Barbara A 12980 53rd St N Stillwater Mn 55082 Murphy, Michael P & Susan L 5715 N Newberry Ave Stillwater Mn 55082 Oak Park Llc 324 Main St S Stillwater Mn 55082 Presbyterian Homes Hsg &Assist Print 3220 Lake Johanna BI on, Richard J & Lisa K R J Amu 5320 N Monarda Ave cements Inc 14221 N Lynch Rd Attn:president Stillwater Mn 55082 Hugo � 55038 Raduenz, Jr, Arthur F Etal 705 Harriet Dr Stillwater Mn 55082 Savage, Larry D & Patricia G 5265 NealAveN Stillwater Mn 55 082 Sergot, Stanley J & Gail L 13025 56th St N Stillwater Mn 55082 Soukup, Alvin E & Lori S 5690 N Newell Cir Stillwater Mn 55082 State Of Minnesota 395 John Ireland Blv St Paul Mn 55155 Stillwater West Llc 1 200 Nightingale Blv Stillwater Mn 55082 Teel, Michele I & Michael A 5610 Newberry Ave Stillwater Mn 550$2 Napiwocki, Henry H & Grazyna E 12961 53rd St Stillwater Mn 55082 Panciera, Lawrence A & Kathlee 5710 N Newberry Cir Stillwater Mn 55082 Rheinberger, Francis J & Karen 5325 Monarda Ave Stillwater Mn 55082 Scott, Edwin L & Jennifer R 5730 Newberry Cir N Stillwater Mn 55082 Smith, Betty S 5340 Stillwater Blvd Box #264 Stillwater Mn 55082 Speedway Superarnerica Llc 539 Main St S Findlay Oh 45840 State Of Mn Department Of 395 John Ireland Blv St Paul Mn 55155 Stohler, Andrew A & Marsha J 5720 N Newberry Cir Stillwater Mn 55082 Thurk, Daniel L & Patricia A 13060 N 56th St Stillwater Mn 55082 Nikolai Eric A & Cie 5270 Muir Ave N A Stillwate Mn 55082 Pozzini, Gloria J 5360 Monarda Ave N Stillwater Mn 55082 Ruoho, Paul A & Kelly J 5340 Monarda Ave N Stillwater Mn 55082 Screaton, David R Partnership 2474 Oakgreen Ave N Stillwater Mn 55082 Smith, Peter G & Elizabeth A 13120 56th St N Stillwater Mn 55082 Stark, Jeff D & Patricia A 13180 56th St N Stillwater Mn 55 082 Stesniak, John P 12850 53rd St N Stillwater Mn 55082 Swenson, Neil J & Susan M 13200 N 56th St Stillwater Mn 55082 Tieszen, Michael D & Mary A 5323 Stillwater Blvd Stillwater Mn 55082 Torrence, Joan M 5660 Newberry Ave N Stillwater Mn 55082 Utermoehl, John & Judy A 13350 51st StN Stillwater Mn 55082 waldock, Robert F & Nancy K 13060 53rd St N Stillwater Mn 55082 wooddale Builders Inc 422 W Co Rd D New Brighton Mn 55112 Town Of Baytown 1 4949 30th St N Stillwater Mn 55082 Viessman, Bradley D & Teresa 12930 53rd St N Stillwater Mn 55082 Wasescha, Warren J & Ann M 5675 Newberry Ave N Stillwater Mn 55082 Young, Brian S & Annette K 5655 Newell Cir Dr Stillwater Mn 55082 Unger, David A & Sandra M 5750 N Newberry Cir Stillwater Mn 55082 Voll Susan J & Reid L 5121 Neal Ave Stillwater Mn 55082 Weersma, Mark A &Kathleen S 12420 53rd St N Stillwater Mn 55082 EXHIBIT 3 COVER SHEET tiantk-du COMMENTS: To: Lucia Roberts, Washington County Surveyor's Office Fax #: 430 -6888 Subject: Parcel Search Request Date: February 3, 1999 Pages: 1, including this cover sheet. FAX Please accept this fax as a request for a parcel search for the properties 500' from the project address of 5701 Stillwater Blvd., No, Oak Park Heights, MN. The GEO Codes for this address are 06- O29 -2O -14 -0004 06.029 -20 -14 -0005 This property is the Stillwater Area Senior High School. It is my understanding that the City of Oak Park Heights has and account with you and will be billed for this service. Please give me a call at 439-4439 when this search can be picked up from your office. The Public Hearing for this is tentatively scheduled for March 4, 199, with notification anticipated to be mailed no later than February 22, 1999. If you need further information, please let me know. Thank you for your assistance. From the desk of... Julie Hultman Community Development City of oak Park Heights 14168 N. 57th St., P.O. Box 2007 Oak Park Heights, MN 55082 EXHIBIT 4 COMMENTS: Facsimile 4iyiLd 2- 1)(499 b.51 Qm • T id_t) , To: The Courier News (Sharon) Fax #: one Touch Dial Subject: Public Hearing Notice Publication Date: February 16, 1999 Pages: 2, including this cover sheet. Kindly publish the following Public Hearing Notice to consider an amended conditional use permit for a ropes course structure at the Stillwater Area High School in your legal publication section on Thursday, February 18, 1999. Thank you for your assistance. If you have any questions, please give me a call. From the desk of... Julie Hultman Community Development City of Oak Park Heights 14168 N. 57th St., P.D. Box 2007 Oak Park Heights, MN 55082 (651) 439-4439 Fax: (651) 439 -0574 EXHIBIT 5 COVER SHEET COMMENTS: Hi Lucia: To: Lucia Roberts, Washington County Surveyor's Office Fax #: 430 -6888 Subject: Parcel Search Request Date: February 17, 1999 Pages: 1, including this cover sheet. You recently did a parcel search for me for the properties 500" feet from the project address of 5701 Stillwater Blvd. (Stillwater Area Senior High School). The two GEO codes searched from were 06- 029- 20- 14 -0004n and 06- 029-20 -14 -0005. Apparently there are two additional GEO codes for this address. Will you please accept this fax as a request for an additional parcel search for the properties 500' from the project address 5701 Stillwater Blvd., N., Oak Park Heights, MN. The additional GEO Codes for this address are 06- 029 - 20-14 -0006 06- 029 -20 -41 -0002 This property is the Stillwater Area Senior High School. FAX As you may recall, a special meeting has been scheduled for Public Hearing on March 4, 1999 with mailing to be done by February 22n I appreciate any assistance you can lend to have this completed in time for proper mailing so as to not be in default of legal guidelines. It is my understanding that the City of Oak Park Heights has and account with you and will be billed for this service. Please give me a call at 43 9 -443 9 when this search can be picked up from your office. If you need further information, please let me know. Thank you for your assistance. From the desk of... Julie Hultman Community Development City of Oak Park Heights 14168 N. 57th St., P.O. Box 2007 Oak Park Heights, MN 55082 EXHIBIT 6 Owner Geocode: 0502920230023 Alexander Home Builders Inc 1024 Dennis St S Maplewood Mn 55119 Geocode: 0602920130002 Ally 1386 Hilltop Rdg Houlton Wi 54082 Geocode: 0502920230019 Amdahl, Chris B & Julie M 5630 Newberry Ave N Stillwater Mn 55082 Geocode: 0502920230007 Arcon Development Inc 7625 Metro Blvd Ste Edina Mn 55439 Geocode: 0502920230009 Arcon Development Inc 7625 Metro Blvd Ste Edina Mn 55439 Geocode: 0602920130005 Ashland Inc 539 S Main St Tax Dept Findlay Oh 45840 Geocode: 0502920230013 Aslin, Matthew J & Mary T 5 690 Newberry Ave N Stillwater Mn 55082 Geocode: 0502920230026 Berger, Mark W & Daria R 5685 Newberry Ave Stillwater Mn 55082 Parcel Ownership List Page 1 Other Owner tacaneh # I Owner Geocode: 0502920230022 Bowman, Kenneth L & Christine 5645 Newberry Ave N Stillwater Mn 55082 Geocode: 0602920120010 Brackey, Robert 1336 Jackson St St Paul Mn 55117 Geocode: 0502920220009 Brackey, Robert 1336 Jackson St St Paul Mn 55117 Geocode: 060292011 0005 Brackey, Robert L & Janet M 1336 Jackson St St Paul Mn 55117 Parcel Ownership List Geocode: 0502920230071 Bradley, Stephen L & Claudia M 5680 Newell Cir N Stillwater Mn 55082 Geocode: 0602920 120007 Brookman, Clavin J &Shoemaker 11144 N Stillwater B Lake Elmo Mn 55042 Geocode: 0502920230020 Cates Construction Inc 1304056thStN Stillwater Mn 55082 Geocode: 0502920230030 Cervantez, Anthony A & Lisa M 5755 Newberry Ave Stillwater Mn 55082 Page 2 o ther Owner Owner Geocode: 0502920230003 City of oak Park Heights 14168 N 57th St Po Box 2007 Stillwater Mn 55082 Geocode: 0602920110010 Dolphin Real Estate Partnershi 258 Hennepin Ave S Minneapolis Mn 55401 Geocode: 0502920230014 Dwyer, John P & Elizabeth A 5680 Newberry Ave N Stillwater Mn 55082 Geocode: 050292023 0018 Fetter, Patricia A & Lawrence 5640 N Newberry Ave Stillwater Mn 55082 Geocode: 0502920230075 Fredricksen, Terry P & Susan 5640 Newell Cir N Stillwater Mn 55082 Geocode: 0502920230074 Gibb, Donald C & Lucy D 5650 Newell Cir N Stillwater Mn 55082 Geocode: 0502920230073 Haseman, Larry A & Laura J 5660 Newell Cir N Stillwater Mn 55082 Geocode: 0502920230027 Haug, Thomas A & Hillary E 5695 Newberry Ave N Stillwater Mn 55082 Parcel Ownership List Page 3 Other Owner Owner Geocode: 050292023 0024 Hebert, Peter D & Evonne R 5665 Newberry Ave Stillwater Mn 55082 Geocode: 0602920140006 Ind Sch Dist 834 1875 S Greeley St Stillwater Mn 55082 Geocode: 0602920410002 Ind Sch Dist 834 1875 S Greeley St Stillwater Mn 55082 Geocode: 0602920130001 John Low & Associates, Inc 324 Main St S Ste 2 Stillwater Mn 55082 Geocode: 0602920130003 Kemper, Fredrick L 1386 Hilltop Ridge Houlton Wi 54082 Geocode: 0602920310005 Kern, John W Po Box 2205 Stillwater Mn 55082 Geocode: 0602920240003 Kern, Violet 21080 Olinda Trl N Scandia Mn 55073 Geocode: 0602920110011 Ktj Limited Partnership Eleven 9002ndAveS Ste4 Minneapolis Mn 55402 Parcel Ownership List Page 4 Other Owner Owner Geocode: 0602920110012 Ktj Limited Partnership Eleven J p 900 2nd Ave S Ste 4 Minneapolis Mn 55402 Geocode: 0602920 140009 Ktj Limited Partnership Eleven 900 2nd Ave S Ste 4 Minneapolis Mn 55402 Geocode: 0602920140010 Ktj Limited Partnership Eleven 900 2nd Ave S Ste 4 Minneapolis Mn 55402 Geocode: 0602920140011 Ktj Limited Partnership Eleven 900 2nd Ave S Ste 4 Minneapolis Mn 55402 Geocode: 0502920230015 Labelle, Michael J & Dorf Meli 5670 N Newberry Ave Stillwater Mn 55082 Geocode: 0502920230072 Leitz, Nancy 5670 Newell Cir N Stillwater Mn 55082 Geocode: 0502920230017 Martinucci, Arthur & Rita 5650 Newberry Ave Stillwater Mn 55082 Geocode: 0502920230029 Meinert, Michael J & Pamela R 5735 Newberry Ave N Stillwater Mn 55082 Parcel Ownership List Page 5 Other owner Owner Geocode: 0502920230028 Murphy, Michael P & Susan L 5715 N Newberry Ave Stillwater Mn 55082 Geocode: 0502920230012 Panciera, Lawrence A & Kathlee 5 710 N Newberry Cir Stillwater Mn 55082 Geocode: 0602920120008 Raduenz, Jr, Arthur P Etal 705 Harriet Dr Stillwater Mn 55082 Geocode: 0502920230010 Scott, Edwin L & Jennifer R 5730 Newberry Cir N Stillwater Mn 55082 Geocode: 0502920230076 Sergot, Stanley J & Gail L 13025 56th St N Stillwater Mn 55082 Geocode: 0502920230070 Soukup, Alvin E & Lori S 5690 N Newell Cir Stillwater Mn 55082 Geocode: 0602920120012 Speedway Superamerica Llc 539 Main St S Findlay Oh 45 840 Geocode: 0602920130004 State of Minnesota 395 John Ireland BIv St Paul Mn 55155 Parcel Ownership List Page 6 Other Owner Owner Geocode: 0602920140007 State Of Mn Department Of 395 John Ireland Blv St Paul Mn 55155 Geocode: 0602920140007 State Of Mn Department Of 395 John Ireland Blv St Paul Mn 55155 Geocode: 0602920240006 Stillwater West Llc 1200 Nightingale Blv Stillwater Mn 55082 Geocode: 0502920230011 Stohler, Andrew A & Marsha J 5720 N Newberry Cir Stillwater Mn 55082 Geocode: 0502920230021 Teel, Michele I & Michael A 5610 Newberry Ave Stillwater Mn 55082 Geocode: 0502920230016 Torrence, Joan M 5660 Newberry Ave N Stillwater Mn 55082 Geocode: 0602920240014 Town Of Baytown 14949 30th St N Stillwater Mn 55082 Geocode: 0502920230008 Unger, David A & Sandra M 5750 N Newberry Cir Stillwater Mn 55082 Parcel Ownership List Page 7 Other Owner Geocode: 050292023 0025 Total Parcels 57 Date: 2/ 9/99 Owner Wasescha, Warren J & Ann M 5675 Newberry Ave N Stillwater Mn 55082 Parcel Ownership List Other Owner Geocode: 050292023 0023 caner Alexander Home Builders Inc 1024 Dennis St S Maplewood Mn 55119 Geocode: 0602920130002 "Alk 1386 Hilltop Rdg Houlton Wi 54082 Geocode: 0502920230019 / Amdahl, Chris Chris B & Julie M 5630 Newberry Ave N Stillwater Mn 55082 Geocode: 0602920440003 ' Anthony, Sharon M & Willett, J 12811 53rd St Stillwater Mn 55082 Geocode: 0502920230005 /Arcon Development Inc 7625 Metro Blvd Ste Edina Mn 55439 Geocode: 050292023 0007 /Arcon Development Inc 7625 Metro Blvd Ste Edina Mn 55439 Geocode: 05 0292023 0009 /Arcon Development Inc 7625 Metro Blvd Ste Edina Mn 55439 Geocode: 0502920230032 /Arcon Development Inc 7625 Metro Blvd Ste Edina Mn 55439 Parcel Ownership List Page 1 Other Owner Owner Geocode: 0602920130005 /Ashland Inc 539 S Main St Tax Dept Findlay Oh 45840 Geocode: 05 0292023 0013 /As l in, Matthew J & Mary T 5690 Newberry Ave N Stillwater Mn 55082 Parcel Ownership List Geocode: 0502920340010 Ballot, Gerald A & Kathleen M 13340 51st St Ct N Stillwater Mn 55082 Geocode: 0502920230026 /Berger, Mark W & Daria R 5685 Newberry Ave Stillwater Mn 55082 Geocode: 0602920310006 Bischoff, Paul W & Doris A 5040 N Neal Ave Stillwater Mn 55082 Geocode: 0502920230022 Bowman, Kenneth L & Christine 5645 Newberry Ave N Stillwater Mn 55082 Geocode: 0602920120010 / Brackey, Robert 1336 Jackson St St Paul Mn 55117 Geocode: 0502920220009 t/Brackey, Robert 1336 Jackson St St Paul Mn 55117 Page 2 Other Owner Owner Geocode: 0602920110005 /Brackey, Robert L & Janet M 1336 Jackson St St Paul Mn 55117 Geocode: 0502920230071 ,Bradley, Stephen L & Claudia M 5680 Newell Cir N Stillwater Mn 55082 Geocode: 0602920120007 4rookman, Clavin J &Shoemaker 11 144 N Stillwater B Lake Elmo Mn 55042 Geocode: 0502920230020 /Cates Construction Inc 13040 56th St N Stillwater Mn 55082 Geocode: 0502920230084 Geocode: 0502920230077 Cates, Jeffrey A & Jennifer L 13185 56th St N Stillwater Mn 55082 Charpentier, David J & Jane M 13045 56th Ave N Stillwater Mn 55082 Geocode: 0502920230003 /City Of Oak Park Heights 14168 N 57th St Po Box 2007 Stillwater Mn 55082 Parcel Ownership List Geocode: 0502920230030 Aervantez, Anthony A & Lisa M 5755 Newberry Ave Stillwater Mn 55082 Page 3 Other Owner Geocode: 050292023 0058 Owner Doyle, Kenton B & Deborah Ann 13220 N 56th St Stillwater Mn 55082 Geocode: 0502920230014 `Dwyer, John P &Elizabeth A 5680 Newberry Ave N Stillwater Mn 55082 Geocode: 0602920420005 Edison, Thomas J & Lisa J 5343 Monarda Ave N Stillwater Mn 55082 Geocode: 0602920340009 Evan Luth St Johns 5274 Stillwater Blvd Stillwater Mn 55082 Geocode: 0502920230065 Felling, Michael A & Susan L 5665 Newell Cir N Stillwater Mn 55082 Geocode: 0502920230018 /Fetter, Patricia � A. & Lawrence 5640 N Newberry Ave Stillwater Mn 55082 Geocode: 0502920230075 "Fredricksen Terry P & Susan � n 5640 Newell Cir N Stillwater Mn 55082 Geocode: 0502920230035 Furlong, Kevin J & Jill A 5605 Newgate Ave N Stillwater Mn 55082 Parcel Ownership List Page 4 Other Owner » wner Geocode: 0502920230074 Gibb, Donald C & Lucy D 5650 Newell Cir N Stillwater Mn 55082 Geocode: 0502920330007 Gilbertson, William C & 13089 53rd St PIN Stillwater Mn 55082 Geocode: 0502920330004 Grigg, Bryan L & Diane E 13023 53rd St N Stillwater Mn 55082 Geocode: 0502920230031 Hallas, Ricky A & Dianna M 5775 Newberry Ave N Oak Park Heights Mn 55082 Geocode: 0502920230073 Haseman, Larry A & Laura J 5660 Newell Cir N Stillwater Mn 55082 Geocode: 0502920230027 Haug, Thomas A & Hillary E 5695 Newberry Ave N Stillwater Mn 55082 Geocode: 05 0292023 0024 "Hebert, Peter D & Evonne R 5665 Newberry Ave Stillwater Mn 55082 Geocode: 0502920230060 Husten, Stephen P & Carolyn S 13160 56th St N Stillwater Mn 55082 Parcel Ownership List Page 5 Other Owner Owner Geocode: 0502920230063 Irwin, Donald C & Margaret B 5645 Newell Cir N Stillwater Mn 55082 Geocode: 0502920320003 Jacoby, Michael James & Susan 5295 Neal Ave N Stillwater Mn 55082 Geocode: 0602920420004 Jensen, Robert R & Loretta M 5355 Monarda Ave Stillwater Mn 55082 Geocode: 0602920130001 John Low & Associates, Inc 324 Main St S Ste 2 Stillwater Mn 55082 Geocode: 0602920410003 Johnson, Christopher T & 12880 53rd St Stillwater Mn 55082 Geocode: 0502920230079 Johnson, John A & Kris S 13085 56th St N Stillwater Mn 55082 Geocode: 0502920230083 Jungquist, Terri & David J G 13165 56th St N Stillwater Mn 55082 Geocode: 0602920130003 Kemper, Fredrick L 1386 Hilltop Rid Houlton Wi 54082 Parcel Ownership List Page 6 Other Owner Geocode: 06029203100 05 Kern, Jahn VU Po Box 2205 Stillwater Mn 55082 Geocode: 0602920240003 / Kern, violet 21080 Olinda Tr' N Scandia Mn 55073 Geocode: 0602920340006 Kozo!, Jr, Theodore J 12340 53rd St N Stillwater Mn 55082 Owner Other Owner Geocode: 0602920110011 Ktj Limited Partnership Eleven 900 2nd Ave S Ste 4 Minneapolis Mn 55402 Geocode: 0602920140009 /Ktj Limited Partnership Eleven 900 2nd Ave S Ste 4 Minneapolis Mn 55402 Geocode: 0602920140010 /Ktj Limited Partnership Eleven 900 2nd Ave S Ste 4 Minneapolis Mn 55402 Geocode: 0602920140011 /Ktj Limited Partnership Eleven 900 2nd Ave S Ste 4 Minneapolis Ivin 55402 Geocode: 0602920410006 Kunz, Gregory F & Cathleen A 12820 N 53rd St Stillwater Mn 55082 Parcel Ownership List Page 7 . Geocode: 0502920230015 Labelle, Michael J & Dorf Meli 5670 N Newberry Ave Stillwater Mn 55082 Geocode: 0602920420003 Larson, Philip & Smith, Jeanne 4147 Goodwin Ave N Oakdale Mn 55128 Geocode: 0502920320001 Lee, Joseph A & Helen M 1302053rdStN Stillwater Mn 55082 Geocode: 0502920230072 Leitz, Nancy 5670 Newell Cir N Stillwater Mn 55082 Geocode: 0502920230061 Leroux, Charles P & Deborah D 13145 56th St N Stillwater Mn 55082 Geocode: 0502920230082 Lorentz, Christine M & Daniel 13140 N 56th St Stillwater Mn 55082 Geocode: 0502920320005 Makowski, Patricia Ann 5245 Neal Ave N Stillwater Mn 55082 Geocode: 45029202 0017 Martinucci, Arthur & Rita 5650 Newberry Ave Stillwater Mn 55082 Parcel Ownership List Page 8 Other Owner Geocode: 0502920230029 Geocode: 0602920410005 o wner Meinert, Michael J & Pamela R 5735 Newberry Ave N Stillwater Mn 55082 Melchior, Barry R & Barbara A 12980 53rd St N Stillwater Mn 55082 Geocode: 0502920230028 "Murphy, Michael P & Susan L 5715 N Newberry Ave Stillwater Mn 55082 Geocode: 0602920440011 Napiwocki, Henry H & Grazyna E 12961 53rd St Stillwater Mn 55082 Geocode: 0602920440004 Nikolai, Eric A & Carrie A 5274 Muir Ave N Stillwater Mn 55082 Geocode: 0602920240004 'Oak Park Llc 324 Main St S Stillwater Mn 55082 Geocode: 0502920230012 "Panciera Lawrence A & Kathlee 5710 N Newberry Cir Stillwater Mn 55082 Geocode: 0602920420002 Pozzini, Gloria J 5360 Monarda Ave N Stillwater Mn 55082 Parcel Ownership List Page 9 Other Owner . Kern, Violet 21080 olinda Trl N Scandia Mn 55073 Geocode: 0502920240002 Parcel Ownership List Owner Other Owner Presbyterian Homes Hsg &Assist Haase, Elmer 3220 Lake Johanna BI 6604 N 29th St Attn:president Oakdale Mn 55128 New Brighton Mn 55112 Geocode: 0502920310003 /Presbyterian Homes Hs g &Assist Haase, Elmer 3 220 Lake Johanna BI 6604 N 29th St Attn :president Oakdale Mn 55128 New Brighton Mn 55112 Geocode: 060292043 0011 Geocode: 0602920240005 Printon, Richard J & Lisa K 5320 N Monarda Ave Stillwater Mn 55082 R J Amusements Inc 14221 N Lynch Rd Hugo Mn 55038 Geocode: 0602920120008 /Raduenz, Jr, Arthur F Etal 705 Harriet Dr Stillwater Mn 55082 Geocode: 0602920420006 Rheinberger, Francis J & Karen 5325 Monarda Ave Stillwater Mn 55082 Geocode: 0602920420001 Ruoho, Paul A & Kelly J 5340 Monarda Ave N Stillwater Mn 55082 Geocode: 0502920320004 Savage, Larry D & Patricia G 5265 Neal Ave N Stillwater Mn 55082 Page 10 Owner Geocode: 0502920230010 / Scott, Edwin L & Jennifer R 5730 Newberry Cir N Stillwater Mn 55082 Geocode: 0602920320003 Screaton, David R Partnership 2474 Oakgreen Ave N Stillwater Mn 55082 Geocode: 0502920230076 Sergot, Stanley J &Gail L 13025 56th St N Stillwater Mn 55082 Geocode: 0602920310009 Smith, Betty S 5340 Stillwater Blvd Box #264 Stillwater Mn 55082 Geocode: 0502920230081 Smith, Peter G & Elizabeth A 1312056thStN Stillwater Mn 55082 Geocode: 0502920230070 Soukup, Alvin E & Lori S 5690 N Newell Cir Stillwater Mn 55082 Geocode: 0602920120012 / Speedway Superamerica Llc 539 Main St S Findlay Oh 45840 Geocode: 0502920230059 Stark, Jeff D & Patricia A 1318056thStN Stillwater Mn 55082 Parcel Ownership List Page 11 Other Owner Owner Geocode: 0602920310008 , State of Minnesota 395 John Ireland Blv St Paul Mn 55155 Geocode: 0602920130004 / State of Minnesota 395 John Ireland Blv St Paul Mn 55155 Geocode: 0602920140007 / State Of Mn Department Of 395 John Ireland Blv St Paul Mn 55155 Geocode: 0602920140007 /State Of Mn Department Of 395 John Ireland Blv St Paul Mn 55155 Geocode: 0602920410007 Stesniak, John P 12850 53rd St N Stillwater Mn 55082 Geocode: 0602920240006 'Stillwater West Llc 1200 Nightingale Blv Stillwater Mn 55082 Geocode: 0502920230011 Stohler, Andrew A & Marsha J 5720 N Newberry Cir Stillwater Mn 55082 Geocode: 050292023 0057 Swenson, Neil J & Susan M 13200 N 56th St Stillwater Mn 55082 Parcel Ownership List Page 12 Other Owner Owner Geocode: 0502920230021 Teel, Michele I & Michael A 5610 Newberry Ave Stillwater Mn 55082 Geocode: 0502920230078 Thurk, Daniel L & Patricia A 13060 N 56th St Stillwater Mn 55082 Geocode: 06 02920310004 Tieszen, Michael D & Mary A 5323 Stillwater Blvd Stillwater Mn 55082 Geocode: 0502920230016 /Torrence, Joan M 5660 Newberry Ave N Stillwater Mn 55082 Geocode: 0602920240014 /Town Of Baytown 14949 30th St N Stillwater Mn 55082 Geocode: 0502920230008 ' Unger, . David A & Sandra M 5750 N Newberry Cir Stillwater Mn 55082 Geocode: 0502920340011 Geocode: 0602920410004 Utermoehl, John & Judy A 13350 5 lst St N Stillwater Mn 55082 Viessman, Bradley D & Teresa 12930 53rd St N Stillwater Mn 55082 Parcel Ownership List Page 13 Other Owner Geocode: 05029203 3 0009 V Geocode: 0502920320002 Geocode: 0502920230025 wasescha, Warren Jr & Ann M 5675 Newberry Ave N Stillwater Mn 55082 Geocode: 0602920340007 Weersma, Mark A &Kathleen S 12420 53rd St N Stillwater Mn 55082 Geocode: 0502920230062 Wooddale Builders Inc 422 W Co Rd D New Brighton Mn 55112 Geocode: 0502920230080 Wooddale Builders Inc 422 W Co Rd D New Brighton Mn 55112 Geocode: 0502920230064 Young, Brian S & Annette 5655 Newell Cir Dr Stillwater Mn 55082 Total Parcels 111 Date: 2/22/99 Owner Volkman, Susan J & Reid L 5 121 Neal Ave Stillwater Mn 55082 waidock, Robert F & Nancy K 13 060 53rd St N Stillwater Mn 55082 Parcel Ownership List Page 14 Other Owner EXHIBIT 7 CITY OF • OAK PARK HEIGHTS 14168 North 57th Street • P.O. Box 2407 • oak Park I;1 ights, MN 55052 -2007 • Phone: e: 651/43.9 -4434 I~ t (Zb iiuucat,L,41,6a(„, Thomas M. Melena City Administrator CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDED CONDITIONAL USE PERMIT FOR A ROPES COURSE STRUCTURE AT THE STILLWATER AREA HIGH SCHOOL The Planning Commission of the City of Oak Park Heights will hold a ublic hearing o p g n Thursday, March 4, 1 999 at 7:00 PM at the Oak Park Heights City Hall located at 141 Y 14168 North 57th Street to consider an amended conditional use e ermit to allow for a ropes ps course structure at the Stillwater Area High School. Said ropes course is Iocted on the Stillwater Area High School grounds at 5701 Stillwater Boulevard North, Oak Park Heights. Ali who wish to comment are asked to attend and be heard. Date: February 9, 1 999 BY ORDER OF THE CITY COUNCIL Tree City U.S.A. CO Y 6,S 11439 -74