HomeMy WebLinkAbout2007-01-05 CA Ltr Re Annexation By Ordinance - Baytown TownshipECKB ERG
LAMMERS
ATTOIINEYS AT LAW
Writer's Direct Dial:
(651) 351
Writer's Email:
mvierling@eckberglammers.com
Ladies:
Ms. Christine Scotillo
Office of Administrative Hearings
Municipality Boundary Adjustments
300 Centennial Office Building
658 Cedar Street
St. Paul, MN 55155
Ms. Molly O'Rourke
Washington County Auditor
Washington County Government Center
14949 — 62 Street North
Stillwater, MN 55082
January 5, 2007
Re: Minnesota Statute §414.033, Annexation by Ordinance
City qf Oak Park Heights Annexing Jurisdiction
Baytown Township
1809 Northwestern Avenue, Suite 110
Stillwater, Minnesota 55082
(651) 439-2878
Fax (651) 439-2923
www.eckberglammers.com
Secretary of State
State of Minnesota
180 State Office Building
100 Rev. Dr. Martin Luther King, Jr. Boulevard
St. Paul, MN 55155
Enclosed you will find the following documents relative to the annexation by ordinance initiated on
Petition of the affected property owner, which annexation by ordinance request was granted by the City
of Oak Park Heights at its City Council meeting of December 12, 2006. The following documents are
provided to you as a part of this request:
1. Certified copy of the Waiver of Application of Minnesota Statute §414.033, Subd. 2b as executed
by the Board of Supervisors for Baytown Township waiving and releasing requirements otherwise
specified under Minnesota Statute §414.033, Subd. 2b and consenting to the armexation.
2. Copy of the minutes of Baytown Township for the meeting of December 4, 2006.
3. Waiver of Application of Minnesota Statute 014.033, Subd.13 and Petition for Annexation
signed by the property owner, Mr. Timothy Nolde, President of Arichobaypro, Inc.
4. Resolution No. 2006-12-58, City of Oak Park Heights, Washington County, Minnesota allowing
ECKBERG, LAMMERS, BRIGGS, WOLFF t;i VIERLING, PUT
Family Law 1 Divorce * Business and Commercial Law Criminal Law * Personal injury 1 Wrongful Death
Estate Planning 1 Probate 6 Real Estate e Land Use Law * Mediation Municipal Law * Civil Litigation
11512007
Page 2 of 2
the annexation of property to the City of oak Park Heights.
5. Ordinance #1500-04 of the City of Oak Park Heights annexing lands to the City of Oak Park
Heights being PIN 05029201 10024 as passed by the City Council on December 12, 2006.
6. original. Waiver of the application of Minn Stat. 4 1 4.03 6 signed by both Baytown and Oak Park
Heights releasing compliance with tax reimbursements as provided for by Statute.
The City hereby submits the documents to the authorities listed above pursuant to statute requesting that
they process the annexation action of the City of Oak Park Heights as consented to by Baytown
Township and the property owner through their respective offices and transfer the property into the
jurisdiction of the City of Oak Park Heights. Additionally, l am enclosing this firm's check in the
amount of $ 1 00.00 as and for the City's filing fee.
l`4,T 1sdb
Yours very truly,
Mark T. \Tierling
cc: Eric .Johnson, City Administrator,
City of Oak Park Heights
Ms. Connie Fredkove-Baytown Township Clerk
STATE OF MINNESOTA }
COUNTY OF WASHINGTON}
Constance M. Fredkove, being first duly sworn on oath, state and certify as follows:
Attached hereto as EXHIBIT A is a true, correct and 'corplete copy of the WAIVER OF
APPLICATION adopted by the Town Board of the Town of Baytown at the meeting held
on December 04, 2006. As provided therein, such WAIVER OF APPLICATION was
adopted by Resolution at a meeting duly called and held at 4020 McDonald Drive North,
Stillwater, Minnesota on December 04, 2006, at which time such Resolution was
approved by the Town Board, and such Resolution has not been rescinded, amended or
modified.
Dated: t
Town of Baytown
Y
(a Minnesota public corporation)
l•
STATE OF MINNESOTA }
COUNTY OF WASHINGTQN}
By: Constance M. Fredkove
Town Clerk, Town of. Baytown, State of Minnesota
The foregoing instrument was acknowledged before
2006 by Constance M. Fredkove, Clerk of the Town
corporation
4
Todd A. Erickson
Notary Public, Washington County, Minnesota
My commission expires January 31, 2009
me this day of December,
of Baytown, a Minnesota public
WAIVER of APPLICATION OF
MINNESOTA STATUTE §414.033, SURD. 2b
WHEREAS, the subject property sought for the annexation is owned by AnchoabyPro,
is y y
Inc. and s described as follows:
All that part of the Northeast Quarter of the Northeast Quarter (NE '14 of NE 1/4)
of Section Five ( Township Twenty --nine (29), Range Twenty (20) described
as follows: Beginning at a point on the South line of said Northeast Q Q uarter of
Northeast Quarter (NE 1 /4 of NE %) Three hundred eighty-five (385) -five feet West of
the Southeast corner thereof; thence North on a line parallel with the East line
thereof Eighty (80) feet to a point; thence East on a line P arallel to the South line
thereof Two hundred twenty -five (225) feet to a point; thence South on a line
parallel with the East line thereof Eighty (80) feet to the South line thereof;
thence West on the South line thereof Two hundred twenty -five (225) feet to the
point of beginning; together with an easement over the North Thirty (30) feet of
the South One hundred ten ( 110) feet of the East 385 feet of the said Northeast
Quarter of the Northeast Quarter (NE 1 /4 of NE � /4) for ingress and egress, County .
of Washington and State of Minnesota.
WIETEREAS, the undersigned does not require, need or desire a notice or other
information as the subject property is urban and ready for redevelopment and,
9
WHEREAS, the undersigned consents that the property be annexed to the City of Oak
Park Heights.
NOW THEREFORE, the undersigned Township does hereby waive and release any
requirement upon the City of Oak Park Heights to provide notice otherwise specified by
Minnesota Statute §414.033, subd. 2b, and further consents that the City of Oak Park Heights
annex the property.
Constance M. Predkove, Town Clerk
IBIT A
By
TOWN o BAYTO
Ike t ` ran ren. d, Chair
Board of Supervisors
Chairman Kent Grandlienard called the December 4, 2006 Supervisors Meeting to order at 7:30
pm, Baytown Community Building, 4020 McDonald Dr. N., Baytown. Members present were
Bill Nelsen, Mike Amundson, and Ron Fredkove. Absent: Anders Hansen. Also present were
Dave Magnuson, Township Attorney, Connie Fredkove, Town Clerk and Bonnie Beecroft,
Treasurer. There were 15 citizens present.
Minutes approved and payment of bills.
Ron Fredkove moved to approve the November minutes as published, seconded by Bill Nelsen,
all in favor. Motion passed.
Ron Fredkove moved to pay the November bills as read, seconded by Mike Amundson, all in
favor. Motion passed.
Utility Permits --- Dave Magnuson
Deferred to next meeting
BAYTOWN TOWNSHIP
4220 Osgood Ave. N.
Stillwater, MN 55082
Township Workshop November 27, 2006 — Kent Grandlienard (recap)
Kent Grandlienard asked Mr. Magnuson if Baytown Township could utilize Washington
County to review the plans and plats for watershed permitting. The discussion was held
concerning the 2 different rules of the 2 watersheds that are part of Baytown Township.
We would like a consistent set of rules. Dave Magnuson stated that the Township can
adopt by resolution the rules of each of the applicable Watersheds and even be more
restrictive is necessary.
UP review assignments
The CUP's assignments were given out to the supervisor's to for review.
Ron Langer -- 4177 Omaha Ave, presented his concerns whether Craig Premoli
(YardMaster) should be required to have a CUP's. Mr. Premoli is running an active
business out of his residences. A general discussion was held in this matter. A question
was asked as to the Township criteria for a CUP. Dave Magnuson stated our criteria is:
any commercial activities that have outside impact to the neighborhood.
Bill Nelsen moved to have Dave Magnuson initiate the Conditional Use Permit process to
Craig Premoli - (YardMaster.), seconded by Mike Amundson. All in favor. Motion
passed.
Kent Grandlienard asked to have input from as to if there are any other business that
should have CUP's in the township. There are currently 12 Conditional Use Permits
issued and administered by the Township.
Township Elections - Filing is open for 2 positions
The filing for Town Offices will be held for a two week period beginning January 2,
2007. Affidavits of Candidacy shall be filed with the Town Clerk at 4220 Osgood Ave.
N., Stillwater MN from January 2, 2007 to January 16, 2007 until 5:00 p.m. Last day for
a candidate to withdraw from a town election is January 18, 2006 until 5:00 p.m. Those
offices to be filled by the March 13, 2007 Township Election is as follows: two Town
Supervisors (Seat 3) currently held by Ron Fredkove and (Seat 4) held by Bill Nelsen.
Both are for three -year terms.
Comp. Plan Amendments
TKDA is currently working on two Comprehensive Plan Amendments for submittal to
the Metropolitan Council.
First, the G.V Properties CPA refers to property located at 3 076 Stagecoach Trail North
and is complete and ready to submit to the Met Council and distribute to B aytown's
neighboring communities for review.
Second, the Keefer CPA refers to a portion of the property located at 5380 Oakgreen
Avenue. This is the property the Keefer's wish to sell to Presbyterian Homes for
development as a continuation of the B outwell s Landing Senior Housing Development.
TKDA has reviewed the files supplied by the Township and is in the process of
completing the CPA.
The Town does not need to take action on these items until the Met Council has reviewed
and made comments.
A discussion has been held with the mayor of Oak Park Heights. There maybe some
bonding that the township may have to do, but there will not be a debt to the township.
A.n exat .o - Anch-o aypro ot- akgreen Ave
There is currently an island of land in Oak Park which is approximately 80 ft by 200 ft. It
is in the area that Tim Nolde is building townhomes, just east of the Lowes. Dave
Magnuson gave copies of a map showing the property. Oak Park Heights is asking for
the township to waive the 90 day waiting period for the annexation of this parcel.
Copies of the legal waiver were presented by Dave Magnuson.
Ron Fredkove moved to approve the waive and release any requirement upon the City of
Oak Park Heights to provide notice otherwise specified by Minnesota Statute 414.033,
subd.2b, and further consents that the City of Oak Park Heights annex the property as
stated, seconded by Mike Amundson. All in favor. Motion passed.
Supervisor reports/announcement.
Ron Fredkove - nothing at this time.
Roads --
Mike Amundson has had a conversation with MNDot concerning Highway 5 and 53 St.
He was told there maybe funding is available for street lights in 201 1. An update will
be p ut in the January newsletter concerning streetlights on 5 and 53 Julie Bunn will be
contacted concerning this matter. The new Speed limit sign is in on McDonald drive.
Bill Nelsen led a discussion concerning special needs signs and if the township is
obligated to pay for these. It's a public service. Bill will work with the homeowner for
location of the 2 signs that will be put up. The Homeowners association will be contact
for their approval.
Bill Nelsen moved to approve the purchase of one more special needs sign for Paris Ave
in Huntington Meadows, seconded by Ron Fredkove, all in favor. Motion passed.
Tom Prew has requested the developers get the signs inventories that are required in the
developers agreements.
CrimeWatch will be putting up signs throughout Baytown Township.
New Business
Letter of Credit deduction for Raspberry Ridge requested by Mark Enter.
Ron Fredkove moved to reduce the letter of credit for Raspberry Ridge to $14,1790.00
contingent on the approval of Tom grew, Township Engineer, second by Mike
Amundson. All in favor. Motion passed.
Change January meeting date.
Mike Amundson moved to change the monthly meeting of the Baytown Board o f
Supervisors that would have fallen on January 1, 2007 to be rescheduled for Monday,
January 8, 2007 at 7:30 p.m, seconded by Ron Fredkove. All in favor. Motion passed.
A
playset has been donated to the township from a homeowner. The township will be
looking at the liability issue. Installation of this playset is a Baytown Neighbors
responsibility as it will be placed on the Community Center land.
There seems to be a wave of mailbox damage.
Ron Fredkove moved to adjourn the meeting, seconded by Bill Nelsen. All in favor,
motion passed. Meeting adjourned at 9:00 p.m.
Next monthly Meeting -- January 8, 2006.
Submitted by:
Connie Fredkove
Baytown Clerk
WHEREAS, Minnesota Statute §414.033, Subd. 13 requires the proposed
annexing municipality to provide to the Petitioner a notice relative to the cost of electric utility
service that may be impacted by change in annexation from a township to municipality; and,
WHEREAS, the subject property sought for the annexation is owned by the
undersigned and is described as follows:
All that part of the Northeast Quarter of the Northeast Quarter (NE 'A of NE 1/4) of Section Five (5),
Township Twenty -nine (29), Range Twenty (20) described as follows: Beginning at a point on the
South line of said Northeast Quarter of Northeast Quarter (NE k�� of NE 14) Three hundred eighty -
five (385) feet West of the Southeast corner thereof; thence North on a line parallel with the East
line thereof Eighty (80) feet to a point; thence. East on .a line parallel to the South line thereof Two
hundred twenty -five (225) feet to a point; thence South on a line parallel with the East line thereof
Eighty (80) feet to the South line thereof; thence West on the South line thereof Two hundred
twenty -five (225) feet to the point of beginning; together with an easement over the North Thirty
(30) feet of the South One hundred ten (110) feet of the East 385 feet of the said Northeast Quarter
of the Northeast Quarter (NE '44 of NE /) for ingress and egress, County of Washington and. State
of Minnesota.
; and,
WHEREAS, the undersigned does not require, need or desire such a
noticefinformation as the subject property is going to be redeveloped by demolition and
reconstruction.
Park Heights.
NOW THEREFORE, the undersigned as property owner and fee owner of the
property does hereby waive and release any requirement upon the City of Oak Park Heights to
provide notice otherwise specified by Minnesota Statute §414.033, Subd. 13. AND further
Petitions the City of Oak Park Heights to annex same.
Certified to be a
true and correct
copy of the orig-
inal document.
WHEREAS, the undersigned desires the property be annexed to the City of Oak
WAIVER OF APPLICATION OF
MINNESOTA STATUTE 0014.033, SUED. 13
AND PETITION FOR ANNEXATION
Ti= othy Nolde, President
P.O. Box 2118
Stillwater, Minnesota 55082
R.ESQLUTIaN NO. 2006- 12-58
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ANNEXING BY ORDINANCE CERTAIN
LANDS INTO THE CITY OF OAK PARK HEIGHTS PURSUANT TO
MINNESOTA STATUTE 414.033 Subd. 2
WHEREAS, the City of Oak Park Heights has been approached by Timothy Nolde,
the President of Anchobaypro, Inc., requesting annexation of certain property owned by Mr. Nolde
at 5762 Oakgreen Avenue North, the same being Property 1.D. No. 0502920110024, being further
identified in annexed Exhibit "A" and incorporated by reference herein; and,
WHEREAS, the property is presently in Baytown Township; and,
WHEREAS, Anchobaypro, Inc., is the fee owner of the property, desires
development of the parcel in conjunction with adjoining lands currently being developed; and,
WHEREAS, the City of Oak Park H eights is presently providing and capable of
providing services for municipal utilities, police, fire and related facilities and utilities and none are
currently being provided by Baytown Township,
NOW THEREFORE, BE IT RESOLVED, by the City Council for the City of
Oak Park Heights that the City Attorney and the City Administrator herewith authorize and direct to
implement procedures specified under Minnesota Statute §414.033, Subd. 2 for the annexation of
the subject lands by way of ordinance.
Passed by the City Council for the City of Oak Park Heights this j�. may of
September, 2006.
Eric .1 ! ' - "son
City dministrator
f5
David Beaudet, Mayor
Certified to be a true
and correct copy of
the original document
EXyHIBIT "A"
All that part of the Northeast Quarter of the Northeast Quarter (NE "42
of NE 1 4) of Section Five (5) , Township Twenty-nine (2 9) , Range Twenty
(2 0) described as follows: Beginning at a point on the South line of
said Northeast Quarter of Northeast Quarter (NE '- of NE ' -) Three
hundred eighty -five (385) feet West of the Southeast corner thereof;
thence North on a line parallel with the East line thereof Eighty (80)
feet to a point; thence East on a line parallel to the South line
thereof Two hundred twenty -five (22 5) feet to a point; thence South on
a line parallel with the East line thereof Eighty (80) feet to the
South line thereof; thence West on the South line thereof Two hundred
twenty -five (225) feet to the point of beginning; together with an
easement over the North Thirty (30) feet of the South One hundred ten
(110) feet of the East 385 feet of the said Northeast Quarter of the
Northeast Quarter (NE 'i of NE ;1) for ingress and egress, County of
Washington and State of Minnesota.
AMITY MAP1SEC. 5, T29N, R2OW
L
-
1
5117:i S T
T
t _.
SITE
TT5
5,379S, (J.07
OAKGREEN VILLAGE
EASE:IIENT DETAIL
trrxilr 17S+Currtrt .V1(
OUTLOT B
sa8.54'og7
272.78
. _ .
N8,2655" W
?" .LTTI:t`17 70_97
we.s7.5'55
II 1111
11111
OUTLOT D
, At1AAS 5.4(17 Cd
Si
OUTLOT C
,
A
111
L1
16,
101
3
SW:n.27
,
L
me,54'o0"lt
389,29
OUTLOT A
OUTLOT G
,
L
O. 41
.C.GAI SCA I
O • TX MI
r =mmaimm
100 2.
SEM"
OUTLOT
Fol.., Freeman, Erickson., Inc.
i A ND PLANNING • SURVEYING e ENGINEFAING
OUTLOT C
„
DEN.ES Ito rcol x ir, Tray.N.0
SC1 AND wARKE0 vAlEt A PEAS”. CAP
To:SC.:0 'FREEMAN PIS 1.09 LtNiESS
SHONE: OIHETT 'MSC
TPA.
1,..orn
SEE SHEET 3 FOR DETAILS
OF OUTLOTS D, E, F AND G.
THIS GSA.. SYSTETA IS Int .ST
UNE Cr, Itt ximrotEnSi OUAtilth 0, SEC11.
N.1,1 e•I d) 0 24 SECONDS KS1
1
S88 `OP
3 23
275.00
.S1,28 57
S8,2887".F.'
27.5.00
7 1 0
, I
"
OUTL0.1 1.5:;■
I:, g*
r 9
• • S89,28 87
150.00
rttr=t, .
S09
t.4
TO
— 4
200.08
SW2057
SW00'3011'
187.00 -
5620 ),(EMORIAL AWN&TE NORM
STI LIMA TYR, MINNESOTA 53062
(1.; 430.9331
NOTES
589
33.01
A
!."
. 33.02
381
.•
1- '11
s
170.08
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2006- 1 5 04 --04
AN ORDINANCE ANNEXING LANDS TO THE
CITY OF OAK PARK HEIGHTS BEING PROPERTY
I.D. NO. 0502920110024 OWNED BY ANCHOBAYPRO, INC.
INTO THE CITY OF OAK PARK HEIGHTS PURSUANT
TO MINNESOTA STATUTE §414.033
Certified to be a
true and correct
copy of the orig-
inal document
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
Section 1. Annexation. Pursuant to Minn. Stat. §414.033 the City of Oak Park
Heights does hereby declare certain lands annexed to the municipality as such lands are deemed to
be urban or suburban in character and as the land is completely surrounded by the municipal limits
of the City of Oak Park Heights, said land being Property I.D. No. 0502920110024 with property
address located at 5762 Oakgreen Avenue North, Stillwater, Minnesota 55082 and legal description
therefor being as set forth:
All that part of the Northeast Quarter of the Northeast Quarter (NE / of NE 'h) of
Section Five (5), Township Twenty -nine (29), Range Twenty (20) described as follows:
Beginning at a point on the South line of said Northeast Quarter of Northeast Quarter
(NE % of NE /) Three hundred eighty-five (385) feet West of the Southeast corner
thereof; thence North on a line parallel with the East line thereof Eighty (80) feet to a
point; thence East on a line parallel to the South line thereof Two hundred twenty-five
(225) feet to a point; thence South on a line parallel with the East line thereof Eighty
(80) feet to the South line thereof; thence West on the South line thereof Two hundred
twenty -five (225) feet to the point of beginning; together with an easement over the
North Thirty (30) feet of the South One hundred ten (110) feet of the East 385 feet of
the said Northeast Quarter of the Northeast Quarter (NE x/4 of NE 'h) for ingress and
egress, County of Washington and State of Minnesota.
The foregoing lands be and therefore are hereb: , annexed to the City of Oak Park Heights and shall
become part of the municipality as provided by l:aw.
Section 2. Effective Date. This ordinance shall be in full force and effect from and
after its passage and publication according to law.
Passed by the City Council of the City of Oak Park Heights, Washington County,
Minnesota, on this 1 � day of e c , 2006.
CITY OF OAK PARK HEIGHTS
Eric
City ministrator
IN THE MATTER OF THE ANNEXATION OF
CERTAIN LANDS TO THE CITY OF OAK PARK HEIGHTS
PURSUANT TO MINNESOTA STATUTE §414.033, SUED. 3
AFFECTING PETITIONER ANCHOBAYPRO, INC.
Property I.I. 0502920110024 Being Located at
5762 Oakgreen Avenue North, Oak Pak Heights, Minnesota 55052
WHEREAS, Minnesota Statute §414.036 provides for City reimbursement to
townships relative to annexation of taxable property; and,
WHEREAS, the City of Oak Park Heights has annexed by ordinance real
property described as follows:
All that part of the Northeast Quarter of the Northeast Quarter (NE. ' /. of NE 1/4)
of Section Five (5), Township Twenty -nine (29), Range Twenty (20) described as
follows: Beginning at a point on the South line of said. Northeast Quarter of
Northeast Quarter (NE �I� of NE �I�) Three hundred eighty-five (385) feet West of
the Southeast corner thereof; thence North on a line parallel with the East line
thereof Eighty (80) feet to a point; thence East on a line parallel to the South line
thereof Two hundred twenty -five (225) feet to a point; thence South on a line
parallel with the East line thereof Eighty (80) feet to the South line thereof;
thence West on the South line thereof Two hundred twenty -five (225) feet to the
point of beginning; together with an easement over the North Thirty (30) feet of
the South One hundred ten (110) feet of the East 385 feet of the said Northeast
Quarter of the Northeast Quarter (NE 1 /a of NE 'A) for ingress and egress, County
of Washington and State of Minnesota
which property is identified further by Washington County Tax Identification No.
05029201.1 0024; and,
WHEREAS, the Township of Baytown has consented to the annexation of the
aforementioned property; and,
WHEREAS, Minnesota Statute §414.036 requires that the order of annexation
must provide for a reimbursement from the municipality to the town for all or part of the taxable
property annexed as part of the order, with reimbursement being completed in substantially equal
payments of not less than two (2) nor more than eight (8) years from the time of annexation; and,
WHEREAS, the aforementioned property was not subject to any assessments
from either the Township of Baytown or the City of Oak Park Heights; and,
WHEREAS, the Township of Baytown has no debt incurred relative to the land
to be annexed to the City of Oak Park Heights for which special assessments have not yet been
levied; and,
WHEREAS, the property in question is less than one-half acre and generates
marginal taxable revenue.
NOW THEREFORE, the City of Oak Park Heights and the Township of
Baytown do hereby agree to waive the application of Minnesota Statute §414.036 relative to this
application.
Date:
Date:
AGREED TO by the local government unit on the date noted below.
4//07
CITY 0 A ' ' .. HEIGHTS
A
id Beaudet
Its Mayor
Eric .J "ohnson
Its,- City Administrator
TOWNSHIP OF B° YTOWN
/) (*)
Kent Cirandlienard
Its Town Board Chairman
Connie Fredkove
Its Township Clerk