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Home My WebLink About1997-11-15 Baytown Township Ltr to OPH 11/17/97 08:44 ECKBERG LAW - 5959837 NO.015 P03 'NOU -15 -1997 00:12 ` TY OF OPH • P.02/05 Baytown Township Washington County Stillwater, MN 55082 November 15, 1997 Mayor David Schaaf City of Oak Park Heights 14168 North 57th Street Oak Park Heights, MN 55082 RE: Orderly Annexation Discussion for Portions of Section 6, lying west of Hwy. 5 Dear Mayor Schaaf: Baytown and Lake Elmo have given consideration to your October 31st response letter finally indicating that Oak Park Heights consents to the exchange of ideas related to a possible orderly annexation agreement for portions of the proposed annexation area with concessions being addressed. If Oak Park has sincere intentions of negotiating in good faith so that the interests and concerns of all impacted parties can be addressed in this matter. Baytown and Lake Elmo have identified the following points of a preliminary plan for your review prior to our November 17th Joint Meeting. Items for your consideration include the following: 1) Kern Center allowed to be annexed into Oak Park Heights . a) Creation of a rural taxing district and a phased in tax rate at 40% of the urban rate in the year of the annexation and 10 % for each year for six successive years. Taxes received by Oak Park based upon tax capacity generated from the annexed areas in the year of annexation will be paid to the town and thereafter reduced by a negotiated percentage each year until the amount reaches zero (0) to reduce the fiscal impact on the Township. b) If annexation becomes effective on or before August 1st of any year the City may levy on the annexed area beginning with that year. If after August 1st, the Town may continue to levy and the City may not levy in the annexed area until the following year. c) An assessment policy will be adopted that will protect individuals from special assessments and utility charges for sanitary sewer, storm sewer, water, street improvements, and other urban infrastructure 11/17/97 08:44 ECKBERG LAID 4 5959837 NO.015 PO4 'NOV -15 -1997 00 :12 W TY OF OPH • P.03/05 improvements in the annexation area who are not subdividing or requesting municipal services. G ' d) Guaranteed use of existing sepfiC systems and wells indefinitely by — � 5 �� i tin property owners a s long systems continue to function. ` / ti� existing p Y /�I e) Existing businesses guaranteed application of Baytown Building Code for eight to ten years: Sprinkling and fire suppression systems for existing buildings not mandated. 1) Guarantees that existing Kern Center businesses be allowed to operate under present Conditional Use Permit requirements agreed to during Baytown / Washington County permitting process. g) Consideration of any other reasonable protections / guarantees identified in future discussions by existing businesses/ landowners necessary to reduce impact or hardship of being annexed into Oak Park Heights. 2) Screaton / Oakgreen Farms parcels totaling approximately 48,5 acres to be annexed into Oak Park Heights with Smith 4.6 acre residential parcel. ( l o \ a) Density of residential development on these parcels to be negotiated 1 a with at least a one dwelling unit per acre density along 55th Street u °' S N orth. Additional densities to be less than the three units per acre to p rovide consistency and transition to existing area residential evelopment in Baytown and Lake Elmo.. b) Oak Park development plans for the area must be disclosed. f / tc)_342w_imizatt, Tight commercial Of any) to be limited and placed near Highway 5. d) Every effort s. Use of earthen b ng and land woodlands wetland screening will be considered in the development of the property. 3) All property west of the Kern Center and north of 55th Street North to become Lake Elmo. The Buberl (19.1 acres) parcel will be considered for annexation to Oak Park Heights should Mr. Buberi desire this. 4) The Smith parcel (approx. 31.0 acres) will become Lake Elmo as well as the Gleason (1.0 acres) parcel and St. John's Church. a) The rural taxing district and phased taxes will apply to any property annexed by Lake Elmo as well, 5) Oak Paris Heights and Lake Elmo will plan for and assume responsibility for downstream studies and remedial improvements from their future 11/17/97 08:44 ECKBERG LAW 4 5959837 N0.015 P05 NOU .15 -1997 00:1;' •ITY OP OPH • P.04/05 development on the annexed parcels and its Impact on Baytown's Cloverdale Lake and Lake McDonald. •'7 6) Oak Park Heights will not support or pursue any annexation requests for o S Baytown or Lake Elmo properties for a period of seven to ten years. 1; 7) Creation of a Joint Powers Land Use / Planning Committee to monitor the T � f development of this annexation area; Baytown and Bayport have a C CI similar cooperative agreement for the 245 acre Andersen Windows planned expansion and this facilitates information exchange between (rya communities as well as being able to communicate areas of concern. This committee could be comprised of two township members, two Lake l4 ty � Elmo and Oak Park members, one area citizen at large, and could ,I, � 4 / have a sunset date established. lij n t 8) The final Orderly Annexation Agreement will be completed through the 1 ,a1 communities' designated agents as agreed upon. 9 � i11 I � "u' `�r '� � It is Baytown 's and Lake Elmo 's desire to have Oak Park Heights carefully �• assess the importance of expediting a cooperative agreement prior to the �' � � � November 24th hearing date, not only for the impacted landowners, but for the '\ benefit of this entire area of Washington County. It is anticipated that if Oak Park fails to give careful, respectful consideration to the above plan, Baytown and Lake Elmo will proceed with vigorous preparations for the Municipal Board hearings and support of the Writ of Mandamus proceedings. Very truly yours, B - own Board o Supervisors r % , . r. Ronald J. edkove Chairman 11/17/97 08:44 ECKBERG LRW + 5959837 NO.015 DOS •NOU -15 -199? DU:13 •1TY OF OPH • • • P.05/05 + , ,,,,,„,, ; • • . rAris "r, 4, ar ...1, I ...Ai, my. 01.,hrir a : 7 , . ■ f �� I (� ra•� ,�....._.........._. Nay I , ,�� '�► a I r .. ,II f • . - 4 1 e 0 10 lat illr ftill a 1 A ''' • 1 CA A G J .6 , . 1 3 0 v 1 , , , . . paiimmroicaviallw . , 4 40004 4 0, . i r,,, lit. 0 .:. ov` I VAITAW i kl/ r N : . / i N , . . !• • ...-; ,,,, ..3 . , mil 11 ‘. -_,,: 0 ,./ k t i . e . , ... 10 ...i { * I ll MI LeniK_Jo + ( iii ,,t,..., �� I11 (1 gliC / LIN i IA I I - a l!A I I I 1 Ili111: :::.; . ots 1 ika illitiVINE 1 51 7 ,/ r --- - • Ag i F i l , ., w, \..N til� / 1111 p%■- ii 0 \\N . ,67,' nr-loP . _..,... * .. . . 4161111lik 4. Twig � i ._1 .4. I _, . c 1 4F 4 'er •' c ' Wi t , ' A 1� 1 � TOTAL P.05 11/17/97 08:44 ECKBERG LAW - 5959837 NO.015 D01 • • LAW OFFICES OF Eckberg. Lammers. Briggs. Wolff & Vierlin P.L.L.P. (` 1835 Norlhwe:,Iern Avenue L..L ..) L'ul:bcrs Sllllwalrr. tllfnOSOId 55082 $YNdfl D QIyAD .1Anlc;1 I..mmcrx ((312) 439 -2878 David K. Snyder ItuI,uri G, br,gQro• _ 1 \�Jrlt .�. V crl:ngr PAN (612) 139-2925 Ps.) A. Wolff Gi. G G.Ilcr• COVER SHEET - FACSIMILE TRANSMISSION (1941 - I99e) tt , ^. .1 ' u;d rt RQual: rrd Ne A.6 ;1,.411. is ��edi.w♦ Ne., rat Ar6il►.ler •Cere ;l;.d R..1 F.1.1. Sp..•;.I:.1 DATE: 1/- /? - Please deliver the following page(s) to: FAX NO: NAME: FROM: 01( TOTAL NUMBER OF PAGES 6, , INCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff & Vierling. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. Violation of this confidentiality notice could constitute a basis for a claim for damages against the violation. If you received this communication .in error, please immediately notify us by telephone at (612) 439- 2878. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE LET US KNOW AS SOON AS POSSIBLE AT (612) 439 -2878 COMMENTS: 11 5- 12i2-‘J a (4) 4 Car • • * * * * * * * * * * * HARD COPY WILL (NOT) FOLLOW BY MAIL 11/17/97 08:44 ECKBERG LRW -* 5959837 NO. 015 902 - NOU- 15 6O: 12 TY OF OPH P.01/b5 CI1YUt • • ice. ` OAK PARK HEIGHTS - 14168 N. 57th Street - Box 2007 Oak Park Heights, MN 55082 • Phone: (612) 439 -4439 • FAX 439 -0574 Fax Transmittal To: 1'' u r 1 < ._ � .� Fax #: From: M.4,6L� l kith t Date: 11 -1 - c 7 Subject: fleshy 'a - Total Number of Pages, including cover sheet: S / S / 7 r S ( • •Ck` P /(4 *.` • • • • • • Tree City U.S.A.