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Home My WebLink About1997-09-09 Metropolitan Council Committee Meeting Memo Meeting of the Community Development Committee of September 15, 199'i METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 -1634 (612) 291 -6359 FAX (612) 291 -6464 TDD (612) 291 -0904 DATE: September 9, 1997 TO: Chair and Members of the Community Development Committee FROM: James Uttley, Principal Reviewer, Office of Local Assistance 602 -1361 SUBJECT: Proposed Annexation of 235 Acres of Baytown Township by Oak Park Heights Metropolitan Council District 12 Referral File No. 16589 -1 MMB Reference No. A -5821 Oak Park Heights BACKGROUND: The Metropolitan Municipal Board has before it two proceedings having to do with annexation of 235 acres in Baytown. First, one -third of the property owners of an area of 235 acres of land located in the northwestern corner of Baytown Township, in Washington County, have petitioned the Minnesota Municipal Board (MMB) for annexation to the city of Oak Park Heights. The city of Oak Park Heights has agreed to the annexation. Baytown Township has entered the proceedings as a party to contest the annexation. The city of Lake Elmo has also entered the proceedings as a party to contest the annexation. The MMB set September 17th as the date for the hearing on the annexation petition. Under MMB rules, there is a 60 day period after filing when the MMB orders the parties to meet, confer and try to reach an agreement on the matter so that a contested case hearing can be avoided if possible. The meet and confer period ends on October 13, 1997. The annexation hearing, originally set for September 17, 1997, is expected to be continued to allow the discussion to proceed. There are three parties meeting at the present time on this matter: the cities of Oak Park Heights and Lake Elmo, and Baytown Township. Second, in a separate proceeding, the city of Lake Elmo and Baytown Township have filed an orderly annexation agreement with the MMB for the same area. It calls for the 235 acres to be annexed at a future, unspecified date to the city of Lake Elmo; and, advises the MMB that Lake Elmo and Baytown are exploring the possibility of future consolidation. The orderly annexation proceeding was tabled by the Board for 60 days until October 14, 1997, on which date the MMB will again consider the orderly annexation. COUNCIL'S AGREEMENT WITH THE MMB: The Metropolitan Council entered into a Memorandum of Understanding (MOU) with the MMB in 1983 in which the Council agreed to provide for the MMB hearing record certain types of information, including Council reviews and recommendations on comprehensive plan amendments affecting the issue before the Board. The MOU also provides that the Council may choose to enter as a party into the proceeding in those instances where no proposed comprehensive plan amendment has been submitted to the Council or the Council review has not been completed prior to the Board hearing and the proceeding involves a potential impact on metropolitan systems or a major plan inconsistency. The Council has not received any plan amendment from the city of Oak Park Heights or Baytown Township regarding the proposed annexation. • On June 19, 1997, the Committee of the Whole discussed the Council's working relationship with the MIvIB and reaffirmed its interest in participating in the MMB process and in entering as a party in cases where the Council has a strong regional interest that needs to be considered by the MMB in making its decision. The Committee defined a "regional interest" as actions affecting the Council's ability to carry out its regional growth strategy, actions having a potential impact on a regional system and actions affecting the delivery of cost - effective services, regional and local. At its meeting on June 29, 1997, the Council affirmed the Committee position. ISSUES RAISED BY LEE PROPOSED ANNEXATION: The proposed annexation of the area by Oak Park Heights and its eventual urbanization is consistent with the Regional Growth Strategy and the Council's regional system plans. No adverse impacts on regional systems are anticipated from such an annexation or future urbanization. The principal issue is not the proposed annexation by Oak Park Heights, but the potential negative impact of the alternatives. Lake Elmo and Baytown Township propose that the area be annexed in the future to Lake Elmo, and have begun discussions towards eventual consolidation. Regional Growth Strategy The Council's regional growth strategy map shows this area of Baytown Township as "urban reserve" for the urban center made up of the cities of Stillwater, Oak Park Heights and Bayport. All of these cities are constrained by the presence of the St. Croix River and the state boundary from expanding eastward. If further urbanization is to occur in support of the Council's Regional Growth Strategy that growth will have to extend to the north, south and west. The area proposed for annexation is in the northwest corner of Baytown Township. It is bounded on the north by TH 36, on the east by TH 5, on the west by the city of Lake Elmo and a town road, and on the south by 50th Street North. Baytown Township's comprehensive plan shows about one -third of the area as commercial (along TH 5) and the remainder as rural residential (5 acre lots). There is considerable commercial development in the area. It includes an automobile dealership, a parts dealer, several office buildings, a clinic, and a miniature -golf course. The remainder of the area is used for active farming and farm residences. The adjacent area of Lake Elmo is shown in the Regional Growth Strategy as permanent rural, and is planned as rural residential by the city. Expansion of the city of Lake Elmo into the proposed annexation area appears intended to prevent urbanization, as the city will be unable to provide the area with urban services. The adjacent area of Baytown Township immediately south of the subject property is shown as permanent rural in the Regional Growth Strategy and is planned and partially developed as single family estates on 2 1/2 acres lots and as rural residential on 5 acres lots. The remainder of the township (approximately the eastern two- thirds) which is adjacent to the cities of Oak Park Heights and Bayport is shown as urban reserve in the Regional Growth Strategy, but planned by the Township as a mixture of 2 1/2 and 5 acre lots. The Council's principal concern is not the annexation and future urbanization of the area by Oak Park Heights, but the possibility that the area might be prevented from being urbanized by actions of the city of Lake Elmo and Baytown Township. Regional Systems The proposed annexation area is not considered likely to impact the regional aviation system or the regional recreation open space system. There are no airports, regional parks, park reserves or trails in the 2 immediate vicinity, although the Lake Elmo airport is actually located in Baytown Township approximately three miles south of the subject property, and Lake Elmo Regional Park is located approximately three miles to the southwest. The Council's Transportation Policy Plan (TPP) identifies TH 36 as a principal arterial and TH 5 as an A -minor arterial in the regional highway system. A new grade- separated interchange is under construction at the intersection of TH 36 and TH 5. The proposed annexation area has superior access to the regional highway system and there appears to be adequate capacity to service the annexation area if it is urbanized. Urban development of the site is not expected to adversely impact the regional highway system, although direct property access to either highway will be constrained by MnDOT. The city of Oak Park Heights has a municipal sewer system which flows to the Council's wastewater treatment plant (WWTP) in Oak Park Heights. This WWTP was recently upgraded and has capacity to service the proposed annexation area. Urban development of the site is not expected to adversely impact the Metropolitan Disposal System. CONCLUSIONS: • The proposed annexation of 235 acres of Baytown Township by Oak Park Heights will allow future urbanization of the area consistent with the Regional Growth Strategy. • • There are no adverse regional system impacts foreseen from such an annexation and there appears to be adequate regional system capacity to support urban services to the area of proposed annexation. • The proposed alternative future annexation of the same area via an orderly annexation agreement between the city of Lake Elmo and Baytown Township appears intended to prevent urbanization of the subject area which is inconsistent with the Regional Growth Strategy. RECOMMENDATIONS: That the Council authorize staff to take the necessary step to enter as a party into the Minnesota Municipal Board's proceeding on the annexation of 235 acres of Baytown Township by the city of Oak Park Heights, providing testimony in support of that annexation and regarding the adverse effect of the proposed annexation of the subject property via Orderly Annexation Agreement between the city of Lake Elmo and Baytown Township; and That the Council notify all parties identified in the Board's Certificate of Mailing of the Council's intent to enter the proceeding as a party. v:\ library\commundv\referral\reports\mmb l 7.doc 3 M 8 Y JUL 29 79 ti �_ ..:. , 7 .-- CITY OF OAK PARK HEIGHTS ;_7..m. „ ,:,. • > r °" Screaton /Kern annexation Study . -` 3 �.._ Ainalvszs and Conoluszons July 19 22 Jv . - _ P171111111"11111.1"= . 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