HomeMy WebLinkAbout1997-11-13 CA Ltr Draft to Proposed Annexation Area Property Owners LAW OFFICES OF DRAFT
Eckberg. Lammers. Bri.g8s. Wolff & P.L.L.P.
1835 Northwestern Avenue
L y le J. Eol<berg Stillwater. Minnesota 55082 Susan D , Qlson
James F. Lammers (612) 439 -2878 David K. Snyder
Robert G. Briggs** FAX (612) 439-2923 Lre3! Plet ;clt
Mark J. Vierl;ng*
Gregor G. Galler. Pau! A. Wolff
Thomas J. Weidner* 0944-199G)
*Qualified Neutral arbitrator & Mediator
Direct Dial No.: 351 -2118 l *Qualified Yeutr•l arbitrator
*Certified Real Estate Specialist
November 13, 1997
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Property Owners Within the
Proposed Annexation Area
Re: Annexation Issues
Municipal Board File No. A -5821
Dear Property Owners:
In order to clarify the City's position on the
annexation, we are providing you this document with a list of items
that the City would expect to see in an orderly annexation
agreement. Please keep in mind that an orderly annexation
agreement would require the cooperation of both Baytown Township
and Lake Elmo to implement these items:
1. Tax Rate. The City would agree to phase in a tax rate
over a period of years. The proposal that is in place at the
present time would be to phase the tax rate at 40 percent of the
urban rate in the year of annexation and 10 percent thereafter for
each and every year for the next six consecutive years.
2. Implementation of Utilities Service. The City is willing
to extend, after concluding agreements with Mr. Screaton, water and -
sewer utilities to Kern Center and the surrounding properties. The
City was then and is now willing to implement deferrals of
assessments against the property owners choosing not to connect the
water and sewer services with the charges and services being kept
in deferred status until such time as a connection to the system
would actually be made. This system is part of the Screaton
proposal which you are already familiar with.
3. Use of Existing Individual Septic and Well Systems. The
City will not mandate the discontinuation of existing well and
septic systems. As long as individual well and septic systems
continue to function and do not fail, they may be used by the
effective property owners indefinitely.
4. Building Code - Fire Suppression Systems. As to those
properties already constructed within the proposed annexation area,
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November 13, 1997
Page 2
the City agrees to extend and use Baytown Building Code provisions
for a period of eight years from the date of annexation. As
Baytown Building Code provisions do not currently require
sprinkling or fire suppression systems, those existing buildings
and properties will have the opportunity to construct additions,
make modifications, etc. without having to implement sprinkling
systems for fire suppression.
5. Garbage Rates. The City of Oak Park Heights under its
contract with United Waste individually regulates commercial rates.
The City would commit that all existing commercial rates now being
experienced by business owners within the area will be maintained.
The City's contract with United Waste Systems expires in 1999 and
the existing City Council has indicated that any new contract with
any provider will not include commercial service.
6. Residential Development South of 55th Street.
Residential development south of 55th Street shall not implement a
density that is greater than three homes per acre.
If the communities of Lake Elmo and Baytown are willing
to negotiate a orderly annexation agreement over the area with Oak
Park Heights, the Municipal Board decision will assign the area in
question to one of the communities and the opportunity to negotiate
provisions such as these to the benefit of property owners will be
lost.
Yours very truly,
Mark J. Vierling
MJV /sdb