HomeMy WebLinkAboutOPH to Stillwater 1963 411 41,
CITY OF STILLWATER
On the Picturesque St. Croix
STILLWATER, MINNESOTA
DEAN CHARLEEN, MAYOR March 4, 1963 COUNOILMENI
LESTER R. BROWER, CITY CLERK & TREASURER E. O. IVERSON
DONALD NOLDE
WILLIAM PDWELL
EDWARD SIMONET, JR.
Mr. C. A. Howalt, Chairman
Oak Park Township Board
Stillwater, Minnesota
R # 1
Dear Sir:
The mayor and councilmen of the City of Stillwater would
appreciate the attendance of the members of the Oak Park
Township Board at a meeting with them to discuss acquisi-
tion of land for governmental purposes .
This meeting is of utmost importance to the City of Still-
water and your board 's cooperation is necessary to success-
ful finalizing of this matter.
The meeting will be held on Tuesday, March , 1963 , at 7:30
o'clock P.M. , in the Stillwater City Hall.
Yours very truly,
Xi/11
Dean Charlsen, Mayor
DC :dk
• •
;O . P&klldghtSSets
Two
.Annexation Hearings
f" The council of the village of ing included in the system.
It Park Heights has ordered As the engineers.and financial
paid. it hearing olh'annexation pro- concerns in charge of the ,in' e -
seeding# affecting three different gation advised that a larger aye "
tracts of land contiguous to the tern than then contemplated Weeld
village."Two,'of these tracts lie di- result in a large savings in cost to the.
rectly west of Oak Park Heights, the individual home °owner, the trat
in the town of Baytown,_while the, neighboring-communities were en- slick
j third ia'l brth of the village in the couraged to file petitions for an- miss
tievela tsid,i( c'P;ark. It includes that vexation:
fast o ;the town between High- One of the village officials scat- l
" Way 212 and the river. ed today that if the petitions are tt
s Some bf:these tracts sob- approved,'after the heax'inga,, ;gi- pt.
witted' pe tione for`,arinexa- neering plans will be.} .TAAri to N.
Coo soiree time ago but these include the new territories,,new l'
been held'181 41betYitnce surveys would,be z % . bos
a '' ; Male"council deliberated costs, and the present wirer:and kt
'ton..as,ta,wh tber.;the_.,: water-cOmmittes.will•bey-eraiarted . by
• limits of the village to include members from,. the`a - of
° should.Frei extended or net. : Hexed communities: -apprve$
It a that' plans
*14 $ sevitoes,'
i
cer Salt' c ° r .' y holdln_ t l
,:. iii would' be provided fpr fror
the ,l necessary publc'hear
�� � `tiret*nrlvW'te-rrilories rt, ,"
for , at+,vatlrach time an the affect- iy,,but action' regarding , Wad
ed parties,.could be present and er and water service would but
present their views before any de- have to be delayed_until the , viver
ination wouuld be made on the revised plans are drawn and T.
.to ;_ -final fi'nanoial. arrarigemerits ,terg
Ne ikr- , The action taken by the COWItil are, approved by the commit- watt,
at, is an outgrowth of the invest iga .N" .and
for tion undertaken by the village 11C
p 'some months ago, regarding the The hearing for tie Baytown 8`
as possibility of furnishing sewer and trays will be held at 7:110 'p.m.
water service for its residents. M 5 in the Oak Park,Heights, Ir
When news got around that village ball, and that tor the'Oak
i,
Such an investigation was being Park township tract saute Cu,`
'4',1 4- made, 4 nelghberhoo t communities hour and in the 'plane on tior
hat s� r king inquiries about be- May 14.
,ter► ., �� ,� ��
of
/Woo*. gt
• •
OAK PARK TOWNSHIP
will hold a meeting on
ANNEXATION
at the
New Oak Park School
Tuesday Evening,
March 26th , 1963
from 8:00 until 10:00 o'clock A
OAK PARK TOWNSHIP
will hold a meeting on
ANNEXATION
at the
New Oak Park School
Tuesday Evening,
March 26th , 1968
from 8:00 until 10:00 o'clock
Alik
oil r.:a fn , '
jigar`f
ry-
. : ,. - , .n.)ves ,
. ,
s ,,,....-, '
, nnexa too -.,,,k ''.4',B ,i r
, Oak Park Township citizens,
480"strong,Voiced:their diisapprav-
ei^of a suggested proposal to an-
To the Editor:
Ism their township to Stillwater• As a' neighboi and,t I hope, a
at a meeting held in Oak Park friend, I a to you and tom,
school Tuesday`night: Pi ,
,Citiaens instead asked that the cam' 'Stillwater ;tR cox# der
carefully the annexation mrhich
to a€ ip: b 4, get a?T:.attorpeY 4 yai}r city }r r „ trying ta.
and,take necessary steps to halt promote.,
the annexation :suggestion of the Many people throughout the
city of Stillwater,' while a fact. county and espeelanY in School
finding group attempts to gather Eis 834 have been,working long
facts and •'figures that will ex- unpaid hours to ensure orderly
plain just what tat increases Oak - eu�
Park, Township'can expect if the growth in this area and to prevent Qa_a
present Stillwater proposal comes
another Thompson drove. To make r the ., Ai , I
% this possible, it is necessary not lined ., , + `°, u C
to pass' only to have adequate planning
Oak Park Township citizens to Passes'r
and zoning, but also to encourage L
gathered-together:-Tuesday when .S no
it was announced that the Stillwal • be forfarmers to keep farming and not
iryOr
ter council Was "toying" with the be forced to sell by ever higher atlon •
possibility off annexing the town- taxes and asses9ments.Ai er a bru .1 and 2 Anne Bills
to fact that t most farmers more 1, has
Ship No official action hag been than pay their way and most to `°a Dispatch caa�ta�.stye
au
taken by lal action hoS bee, housing units do not. ' Unit- The senate passed two
t ad no.y Sail will t r hake veri Now, however, your elected off- measures relating to annexe--
the matter until after April ficiala have decided that a new (tens tion procedures in the metro
the
following an Oak`Park re sewer line is necessary:to the west g i a politan area.
19 quest to,refrain from any re-
side side of Stillwater to service the i the. One, which now •o ute
>, govern, calls`for v itt;'
lion for`� days. i}ew school and other expansion flan, �
there. To acComplaill this they ailed areas to be annexed and'e -,
Stillwater s purpose in annex-
ing able` mates annexatiOSt'ei'. #�Mt
' p propose to annex all .along high- 1P
ing the township would be to salve ' road icon acres Of,
way 212 and cc irity road 4 inciud- „
the'problemt of acquiring land for ing about 3oO acres of farm land. an• by a petition Of.s main it r
a sewer,trunk.line in the future tam of the Lancond
by annexing*rather _thatr by ac- This farm land, which your amts} run The secom, whtich go$ i
planners have recommended ,be �t�,• back the house #�lr
icing easements for the right of zoned for long term industrial and
g tself On sin, #s' smettd#nest8;� "
However it was stressed Wed- ' commercial.expansi« will be zon- con- vides that petitions for's*
ed one /Wily residential to justify and nexation must be approved bt:
nesday that: the sewer line, and the farmers in :totes township board and tisa
2 No resolution whatever was cuestiori will be formed to sell out 'm t county C011lnfissiOn 's.
made to annex Oak Park Town- by an assessment for the sewer awn. These twoinesuumen are the
ship by the Stillwater council; result Of the 81n��Of tea
line of about $5Q0 per acre.
NO petition has been drawn Not only could this be 'discs- I for Northern totes rower Co."
up or rsent tb the Minnesota Mu- Biagi$Aag •wt , :} . ,., •,i .
trous to the careful:`' laid school went r ,
t sipal C 1nrnissi,n; district plans, but'it ill put ev- let'of ' e, ;,' '
$ And filially, no official ac- e f rmer in the'area on notice eniig 1 , ,
t 3' annexatiOti' 1 a
tion'of any kind Was ever Start-
that lie is welcome only until he
new-
ed in'motion to try to annex Oak "et/. an, the matter no*is,
Perk Township: Rather; it was in your way awe ation •is ,,; ., i, ,,,, ' °a�
suggested by Stillwater' officials z iP f .
to mention,the possibility of an-
necessary and desirable, kilt please t
nmi ation to..see how the citizens mil;~ it thiiit' ea/Wilily affects with full
of the T shi would feel about, regard but your it affects rat only
p' you, but your neighbor too. A
such a,matter. wave of scare selling to developers}
Oak Park citizens Tuesday left could be,tile end of our lovely v
ma 'in the minds of anyone 1
did, of waft to be an-
•
Yours trulY�
noted by,Stillwater and that they ,
_ 'happy and contented",as an a}Luitdgpist
pairalOgporated Township ,pv4th a ,
of only 84 Mills and low ; 4 i
` r F�2it= t#ng of the Oak Park
%
' ,a p , the gather-
t ,. -y 5 ,,, was
E,t,-m+t ry a, „.„„:,4
, ? ,
3 �y
31n9pendQttt Aclaut 5izstrrct a. S
THOMAS C. CAMPBELL REV. PAUL L. KAUFMAN
SUPERINTENDENT pp�r CLERK OF SCHOOL BOARD
STILLWATER, MINN. 1'1•2Ishingtl:7nt QLCruntg, 4ItunE8uth STILLWATER, MINN.
In the Friendly St. Croix Valley
March 27, 1963
Mr. C. A. Howalt, Chairman
Oak Park Township Board
E. Orleans St.
Stillwater, Minnesota
Dear Mr. Howalt:
It appears that there is some misunderstanding stemming from the
injection of the construction of an additional elementary school in District
834 into the discussion of possible annexation of territory to the City of
Stillwater. The Board of Education and the school district are not involved
in the plans or discussions for annexation. As individuals with the rights
of citizens residing anywhere in the area, individual school board members
may have thoughts and opinions regarding this program, but it in no way
relates to the activity of the Board and the district in the construction of
additional school facilities.
It would be an injustice to the residents of the school district, taken
as a whole, and to the educational program of the children of this district,
were there to be confusion stemming from an attempt to try to tie the construc-
tion of school facilities into annexation.
Apparently the guesses that are being made, are made on the basis
of the potential construction of sewer facilities to the southwest and south
of the city of Stillwater. The assumption is wrongly made that these sewage
facilities are necessary for the possible construction of an elementary school
to the west of the city of Stillwater. This is not true. The contacts that the
school district has had with the city of Stillwater regarding the availability
of water and sewer facilities to various school sites has been explored on the
basis of existing sewers and the possibility of the school tying into existing
sewage lines, and not with the construction of additional trunk lines.
We are advised by the city engineer that the several sites the school
district has under consideration are served by sewer lines adequate to take care
of an elementary school of the size that we expect this one to be ultimately.
. F • •
Mr. Howalt 2. 3/27/63
It is with this fact in mind that I state that the Board of Education of
Independent School District No. 834 will provide educational facilities for the
boys and girls of this school district where needed and when approved by the
citizens of the district without regard to the shifting of other municipal or
governmental bound aries.
The Board of Education is, and has been, interested in cooperating
with all governmental agencies in the school district for the orderly development
of the area in the best interests of the educational program for children and an
adequate tax structure to support the needs of the residents of the school
district.
We do not feel that the construction of the additional elementary
school has any part to play in the pros and cons of annexation and we merely
ask that this construction not be injected into this discussion.
Sincerely,yours,
Thomas C. Campb 1
TCC:mm Superintendent
IRVING W. BEAUDOIN • •
RAYMOND PAVLAK
EDWARD H. RASMUSSEN / , i(.. g41e)142A
ATTORNEYS AND COUNSELORS
210 Schult Building
South St. Paul, Minnesota
Telephone: Glenview 1-1341
May 28, 1963
FIF Mr. C. A. Howalt
Chairman of the Town Board
Town of Oak Park
County of Washington
Dear Mr. Howalt:
As I indicated to you yesterday morning the Judge
has set the matter over until June 10, 1963. Mr. Eckberg has
asked that I meet with him prior to this time. I would guess
that we will be able to work out a solution to the present
lawsuit and that it will be dismissed.
The alternative is for the Village of Oak Park
Heights to now proceed under the law as amended and file the
petitions with the appropriate bodies and at that point we
would have an opportunity to object. Even if the matter
were taken before the Municipal Commission the township would
then have an opportunity to vote on the final recommendations
of the Municipal Commission. At this point we would take
advantage of the new act (House File 159) which allows this
procedure.
I am sure that by taking this action we will buy
Y g Y
a considerable amount of time and the township will have a
chance to go over the merits of any proposal with all the
citizens and this will give you an opportunity to make your
own determination as to how you would like to develop your
township.
I am also enclosing a copy of the letter that I
sent today to Mr. Eckberg. I will notify you when I have a
chance to sit down and discuss this problem with Mr. Eckberg.
Very truly yours,
BEAUDO,i;,• & PAVLAK
�i/ / 11,!'-
EHR:kaf By: Edward H. Rasmussen
:
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IRVING W. BEAUDOIN IIII 110
RAYMOND PAVLAK /�EDWARD H. RASMUSSEN /d,/ , / ` e(�• WIA/a4
ATTORNEYS AND COUNSELORS
210 Schult Building
South St. Paul, Minnesota •
Telephone: Glenview 1-1341
June 1t., 1963
Mr. C. A. Howalt
Chairman of the Town Board
Town of Oak Park
County of Washington
Stillwater, Minnesota
Dear Mr. Howalt:
I had a conversation today with Lyle Eckberg and
evidently it will not be necessaryfbr us to make a court
appearance. He has talked to the Village Council, Oak
Park Heights, and they have agreed to dismiss the present
action and proceed through the Municipal Commission.
This is the result we wanted out of this action.
At this point in the proceedings we will enter into a
Stipulation for the dismissal of the action. When the
action is dismissed, I will arrange to have a meeting with
you and the Town Board and discuss the procedure and the
action that is necessary on your part to further contest
this matter before the Municipal Commission.
Enclosed is a copy of a proposed Stipulation
so that you may see just what action we had contemplated.
If you have any questions please feel free to call me. Also
would you please advise me of the next regularly scheduled
meeting of the Town Board.
Very truly yours,
B EAUDO I N & PA A ' -
r-'
��By: E ward
of
H. `asmussen
EHK:mac
Enclosure
40
CITY OF STILLWATER
On the Picturesque St. Croix
STILLWATER, MINNESOTA
DEAN CHARLSEN, MAYOR June 7, 1963 COUNCILMEN:
LESTER R. GROWER, CITY CLERK & TREASURER E. O. IVER5ON
DONALD NOLDE
WILLIAM POWELL
EDWARD SIMONET, JR.
Mrs. Alice Groth, Clerk
Town of Oak Park
Stillwater, Minnesota
Dear Mrs. Groth:
I was directed by the councilman in charge of the
fire department to remind you that you do not have a
signed contract with the City of Stillwater for fire
protection at the present time.
The councilman felt that your township officials should
make a decision about this matter on or before June 29,
1963.
Will you please let us hear from you as soon as possible
in regard to the decision about the new contract.
Yours very truly,
L.R. Brower, City Clerk
LRB:dk
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
r.rrr�..�arr.rrlul..r�r�r.. ....��r1.y.�.►4___..v..___
TOWN OF OAK PARR, Washington County,
Minnesota, C. A. HOLWALT and EMMETT
McLEER,
Plaintiffs,
-vs- STIPULATION
VILLAGE OF OAK PARK HEIGHTS, HAROLD
FORCIEA as Mayor of the Village of
Oak Park Heights, and GEORGE L. DOE
as Clerk of the Village of Oak Park
Heights,
Defendants.
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IT IS HEREBY STIPULATED AND AGREED by and between
the parties hereto that:
1. For the purposes of this Stipulation that the
Plaintiffs above named shall hereafter be referred to as the parties
of the first part and the Defendants above named shall be referred
to as the parties of the second part.
2. The parties of the first part and the parties of
the second part agree that the above entitled action may be dismissed
without predjudice to either of the parties.
3. The parties of the second part will proceed with
the annexation petition for part of the Township of Oak Park in
accordance with Chapter 807, Laws of Minnesota for 1963.
4. The parties of the first part will not require a
new petition of the parties of the second part in order for the parties
of the second part to proseed under Chapter 801, Laws of Minnesota 1963.
5. The parties of the second part agree that they will
take no further action to make Ordinance No. 16 effective.
6. The bond in the above entitled action be
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IRVING W. BEAUDOIN S
RAYMOND PAVLAK p
EDWARD H. RASMUSSEN eC• WItia4
ATTORNEYS AND COUNSELORS
210 Schutt Building
South St. Paul, Minnesota
Telephone: Glenview 1-1341
July 3, 1963
Mr. C. A. Howalt
Chairman of the Town Board
East Orlean Street
Stillwater, Minnesota
Dear Mr. Howalt:
Pursuant to our telephone conversation of this
morning, I am enclosing original and copy of a Stipulation
that Mr. Eckberg and I have agreed upon. I believe this
agreement also expresses the desire of the Township of
Oak Park. As soon as we can get this signed and filed,
our case in Stillwater District Court will be completed.
Would you kindly sign and have Mr. McLeer sign
also and return the Stipulation to me. I am enclosing a
stamped self-addressed envelope for this purpose.
Very truly yours,
BEAUDOIN-. PA Ii
By: Edward H. `Ra mussen
EHR:mac
Enclosures
STATE Of MINNESOTA DISTRICT COURT
OHM Or WASHINGTON TENTH JUD/CTAL DISTRICT
TINNy1+IMM�FM1�'y11MMMMaIVUM�►MA1n1Y!yN�rM!MRy11IINp4Y?M+RIr++MPM1i+M7+�IwFNM.MM�/MM1'yM'MM'M1`N
O CAC PAM, Washington Cbubte,
Minnesota, C. , . HOLWALT
Mink
Plaintiffs,
..vsw. STIPULATION
eILLAGE or On PARK S
ISA as Mayor of the Village of
Oak Pam Heights, end GEORGE L. peg
as Clerk of the Village of Osk Fad..
Heights,
Defendants.
TT 1$ HUM STIPULATED MUSD by od between
parties hereto that
1. The Defendant will proceed to file copies of the
Petition for Annexation of part of the Town of Oak Perk in accordance
with Chepter $07, Laws of Minnesota for 19b3 and otherwise comply
with said statute
2, All parties to this action reserve legal rights
they .may have to challenge the validity of the annexation petition
or
3. Upon objection by any of the governing bodies with
wham a copy of the annexation petition is filed Ordinance $o. 16 of
the Village of Oak Park Heights and all pro c- . .,a$,,; thereunder shall
become l and void and the Court enter = Order dismissing this
action without prejudice to either party end the bond way be discharged.
e. The restraining herein l remain in effect
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' STATE OF MINNESOTA
MUNICIPAL COMMISSION
51 State Office Building
St. Paul, Minnesota 55101 221-2428
JOSEPH ROBBIE
Minneapolis
Chairman
ROBERT W. JOHNSON July 19, 1965
Anoka
Vice Chairman
TERRANCE O'TOOLE
St. Paul
IRVING R. KELDSEN
Richfield Mr. Ken Heuer, Cik.
Secretary Oak Park Township
R. 1, Stillwater, Minnesota
Dear Mr. Heuer:
Per our agreement in our telephone conversation of
July 16th, the expenses of conducting the annexation
election and the printing of ballots are to be borne
by the township and the petitioners. The petitioners,
Mr. Simpson, and Mr. Norgren, have agreed to contribute
$50 towards such expense.
The annexation election is to be held on September 14th
and it is necessary that the enclosed notice be posted
in three public places in the area to be annexed not
less than 20 days before September 14th. Please send
the Commission an Affidavit of Posting. The Municipal
Commission shall cause the notice to be published.
The ballots shall bear the words "For Annexation" and
"Against Annexation" with a square before each.
Cordially,
MUNIC • 1 ISSION
IN .� 'r� .rte,
I 7"li
Iry ng R. Keldsen
n S c r e t a r y
cc: Mr. Sandeen
411 410
A-780
BEFORE THE MUNICIPAL COMMISSION
OF THE STATE OF MINNESOTA
Joseph Robbie Chairman
Robert W. Johnson Vice Chairman
Terrance O'Toole Member
Roy F. Johnson Washington County Auditor
Robert Wright Chairman, Washington County
Board of Commissioners
IN THE MATTER OF THE ANNEXATION OF OAK PARK TOWNSHIP,
WASHINGTON COUNTY, MINNESOTA, TO THE CITY OF STILLWATER,
MINNESOTA
The petition for annexation of the following described
real estate located in Oak Park Township, Washington County,
Minnesota, more particularly described as:
All of Blocks 12, 13, and 14 of Webster's Third Addition
by the owners, Fairview Cemetery Association, and Earnest Money
Contract purchasers, James L. Simpson and Robert Norgren, doing
business as J & B Realti Co. of Stillwater, Minnesota, to the
City of Stillwater, Minnesota came on for hearing before the
Municipal Commission at the Court House in the City of Still-
water on the 17th day of May, 1965, at to:00 A.M. and after
hearing testimony from those present, the hearing was continued
to May 27, 1965, at 11:00 A.M. at the office of the Commission,
Room 51 State Office Building, St. Paul, Minnesota, and which
hearing was continued to June 3, 1965 at 10:00 A.M. at the
office of the Commission. Robert W. Johnson, Vice-Chairman,
and Terrance O'Toole, Commission Member, attended the hearings
together with Irving R. Keidsen, Secretary; Roy Johnson,
Auditor of Washington County and Donald Ca 'ferty County
Commissioner, at May 17th hearing; and Robert Wright, County
Commissioner at subsequent hearings.
The petitioning property owners were represented by
Winston E. Sandeen. The Board of Trustees of Oak Park Township
were represented by Richard Hiniker and William Fleming.
The Commission ordered a continued hearing to be held on
June 14, 1965 at 10:00 A.M. in the Oak Park Elementary School,
Stillwater, Minnesota, the purpose of the hearing being to
alter the boundaries of the land described in the petition by
increasing the area so as to include the entire Township of
Oak Park, Washington County, Minnesota, and to consider annexa-
tion of the entire said township to the City of Stillwater,
Minnesota, which scheduled hearing was continued to June 18,
1965, at 10:00 A.N. inthe Oak Park Elementary School, Stillwater,
Minnesota.
The Commission having duly considered the testimony of the
witnesses, the exhibits received in evidence, and all other
evidence, and upon all the files and records, being fully advised
in the premises, makes and enters the following:
FINDINGS OF FACT
I.
Due, timely and adequate legal notices of the hearings
herein, including adjourned sessions thereof, were posted,
published, served and mailed.
II.
The population, according to the 1960 census, of Oak Park
Township is 582, and of the City of Stillwater, $,310.
III.
The area of Oak Park Township is approximately 320 acres
and the area of the City of Stillwater is approximately 2323
acres.
IV.
The assessed valuation of Oak Park Township is $221, 571.00
and the assessed valuation of the City of Stilswate is
$3, 804, 562.00.
V.
The City of Stillwater has been a growing community, in-
creasing from 8,310 population in 1960 to approximately 8,560
410 410
population in 1965 and increasing in area since 1960 by approx-
imately 100 acres. The expansion of the City of Stillwater has
been on to the south, into Oak Park Township, and south and west
into the formerly agricultural area of Stillwater Township. The
east boundary of the City of Stillwater is the St. Croix River
and the State of Wisconsin, which stops expansion to the east.
The improvement of Highway #212 from a two-lane highway
Y
into a divided four-land highway with frontage roads bordering
part of and traversing through part of Oak Park Township indicates
the expansion of the City of Stillwater into this suburban and
formerly agricultural area.
Commercial developments appeared to have grown up along
Highway #212 and would indicate further commercial use of the
area to the south and west of the City of Stillwater and
including the area of Oak Park Township.
VI.
Vacant space for expansion of the City of Stillwater is
available through annexation of vacant lands except to the east.
Oak Park Township is one of the few vacant land areas abutting
to the City of Stillwater on the south.
VII.
One of the petitioners, J & B Realti Co., proposes to spend
approximately $500,000.00 in construction of apartment buildings
in the area to be annexed.
In all probability, taxes will increase by annexation, but
should be proportional to the benefits received, including city
utility services, improved police and fire protection, improved
streets and street maintenance, reduction of insurance rates,
sewer and water service, and other benefits of city service.
VIII.
The proposed commercial use of part of the area to be
annexed and the health and welfare of the community show a need
410 410
for such governmental services as city water service, city
sewage disposal system, city zoning, city street planning, city
police and city fire protection.
Ix.
Oak Park Township has not undertaken to supply water or
provide sewage disposal facilities on a community governmental
basis and no plans to do so in the foreseeable future were
disclosed.
X.
Oak Park Township relies upon the Sheriff's Department of
Washington County, Minnesota for police protection.
XI.
The City of Stillwater will have available to the area to
be annexed adequate city water and adequate city sewer connec-
tions. The city will put in streets required with proportionate
costs being paid by the owners of the abutting property. City
planning services, police departments and fire departments will
be available to serve the area.
XII.
The annexation should operate with mutual benefit to the
Oak Park Township and to the City of Stillwater.
XIII.
The following described lands should be annexed to the
City of Stillwater:
All of the Town of Oak Park, County of
Uhshington, State of Minnesota
CONCLUSIONS OF LA's
I.
The Minnesota Municipal Commission duly acquired, and
now has, jurisdiction of the within proceedings
II.
The area of land to be annexed is so conditioned and so
located as to be properly subjected to municipal government
by the City of Stillwater.
III.
110 411
The annexation of the area described in Pa g ra raph XIII of
the Findings of Fact herein by the City of Stillwater would be
in the best interest of the area affected and the City of
Stillwater.
IV.
Municipal government of the area to be annexed herein is
necessary and is required to protect public health, safety
and welfare and to provide needed governmental services.
V.
The township form of government is not adequate to cope
with the problems of the proposed commercial expansion and
with the problems of urban and suburban growth in said area.
VI.
The City of Stillwater can feasibly and practicably
provide for and best serve the need for governmental services
presently existing and as they become necessary in the future
in the area to be annexed.
VII.
An Order should be issued by the Minnesota Municipal
Commission annexing to the City of Stillwater the real estate
located in Washington County, Minnesota, described as follows:
All of the Town of Oak Park, County of
Washington, State of Minnesota
and said Order shall fix a day, after the entry of such Order,
when an election shall be held at a place designated by the
Commission, within the area to be annexed, wherein the qualified
voters of said area may vote "For Annexation" or "Against
Annexation."
410 4
MEMORANDUM OPINION
The Municipal Commission received on March 5, 1965, a petition
for annexation of certain property described as all of Blocks 12,
13, and 14 of Webster's Third Addition to the City of Stillwater.
The petition was initiated by the owners of said property. A
hearing was held May 17, 1965, and testimony was received. The
Municipal Commission ordered a continued hearing on June 1$, 1965,
the purpose of the hearing being to alter the boundaries of the
land described by increasing the area to include the entire
Township of Oak Park.
The evidence submitted at the first hearing by the petitioners
relating to all of Blocks 12, 13 and 14 of Webster's Third Addi-
tion clearly supported the fact that the property was urban in
character, that the owners of the property were entitled to
receive urban services, and that in order for them to develop
the property to its full and maximum value it was necessary that
these services be provided. It was also manifestly clear that
the township was either unable or unwilling to provide the urban
services required. The testimony at this first hearing further
established that the township residents at their annual town
meeting had requested the township supervisors to explore the
possibility of the township merging either with the City of
Stillwater or with Oak Park Heights. The Commission wishes to
commend the residents of the township for their wisdom and far-
sightedness in undertaking this type of approach. The evidence
futther indicated that formal inquiries in either of these dir-
ections had not been made.
The Commission viewed the Township of Oak Park, the Village
of Oak Park Heights, and the City of Stillwater and rioted the
g Y
community of interest that was obvious between the township and
the City of Stillwater. The residents of the township for all
practical purposes as far as community programs are concerned
are considered to be a part of Stillwater.
410
In considering the geographical location and the topography
of the Town of Oak Park in regard to the two municipalities that
were under consideration it was perfectly obvious to the Commission
that the entire township needs urban services and that many of
these services are presently obtained from the City of Stillwater
such as recreational programs, library services, and similar
types of service programs. It was also evident to the Commission
that the topography and geographical location was such that the
only logical municipality to provide other types of municipal
services necessary for the orderly growth of the community (water,
sewer, fire, and police protection, etc. ) would be from the City
of Stillwater.
The Commission had jurisdiction over this matter by virtue
of the petition as alluded earlier in the Memorandum Opinion
relating to Blocks 12, 13, and 14 of Webster's Third Addition,
all located in Oak Park Township. It was the Commission's
unanimous and considered judgment that we should then expand the
hearing to include the entire township to afford the residents of
the township the opportunity to join with the City of Stillwater.
This is in keeping with the request as has been indicated earlier
in the Memorandum Opinion where the residents of the township
at the annual meeting had expressed a need for a merger of their
township with one of the two adjacent municipalities.
It is the considered judgment of the Municipal Commission
that the interest of the residents of the Town of Oak Park would
best be served by a favorable vote on the proposed annexation.
The township would then become a part of the City of Stillwater
and would receive not only the services that Stillwater can offer
but would assume the responsibility of governing the very munici-
pality that is providing the services and become participating
citizens in the programs that they and their children are using.
IIIr
t
A-780
BEFORE THE MUNICIPAL COflMISSION
OF THE STATE OF MII'NESOTA
Joseph Robbie Chairman
Robert W. Johnson Vice Chairman
Terrance O'Toole Member
Roy F. Johnson Washington County Auditor
Robert Wright Chairman, Washington County
Board of Commissioners
IN THE MATTER OF THE ANNEXATION OF OAK PARK TOWNSHIP,
WASHINGTON COUNTY, MINNESOTA, TO THE CITY OF STILLWATER,
MINNESOTA
The petition for annexation of the following described
real estate located in Oak Park Township, Washington County,
Minnesota, more particularly described as:
All of Blocks 12, 13, and 14 of Webster's Third Addition
by the owners, Fairview Cemetery Aasociation, and Earnest Money
Contract purchasers, James L. Simpson and Robert Norgren, doing
business as J & B Realti Co. of Stillwater, Minnesota, to the
City of Stillwater, Minnesota came on for hearing before the
Municipal Commission at the Court House in the City of Still-
water on the 17th day of May, 1965, at to:00 A.M. and after
hearing testimony from those present, the hearing was continued
to May 27, 1965, at 11:00 A.M. at the office of the Commission,
Room 51 State Office Building, St. Paul, Minnesota, and which
hearing was continued to June 3, 1965 at 10:00 A.M. at the
office of the Commission. Robert W. Johnson, Vice-Chairman,
and Terrance O'Toole, Commission Member, attended the hearings
together with Irving R. Keldsen, Secretary; Roy Johnson,
Auditor of Washington County and Donald Cafferty County
Commissioner, at May 17th hearing; and Robert Wright:, County
Commissioner at subsequent hearings.
The petitioning property owners were represented by
Winston E. Sandeen. The Board of Trustees of Oak Park Township
were represented by Richard Hiniker and William Fleming.
410
The Commission ordered a continued hearing to be held on
June 14, 1965 at 10:00 A.M. in the Oak Park Elementary School,
Stillwater, Minnesota, the purpose of the hearing being to
alter the boundaries of the land described in the petition by
increasing the area so as to include the entire Township of
Oak Park, Washington County, Minnesota, and to consider annexa-
tion of the entire said township to the City of Stillwater,
Minnesota, which scheduled hearing was continued to June 18,
1965, at 10:00 A.M. inthe Oak Park Elementary School, Stillwater,
Minnesota.
The Commission having duly considered the testimony of the
witnesses, the exhibits received in evidence, and all other
evidence, and upon all the files and records, being fully advised
in the premises, makes and enters the following:
FINDINGS OF FACT
I.
Due, timely and adequate legal notices of the hearings
herein, including adjourned sessions thereof, were posted,
published, served and mailed.
II.
The population, according to the 1960 census, of Oak Park
Township is 582, and of the City of Stillwater, 8,310.
III.
The area of Oak Park Township is approximately 320 acres
and the area of the City of Stillwater is approximately 2323
acres.
IV.
The assessed valuation of Oak Park Township is $221,571.00
and the assessed valuation of the City of Stillwater is
$3, 804, 562.00.
V.
The City of Stillwater has been a growing community, in-
creasing from 8,310 population in 1960 to approximately 8,560
•
population in 1965 and increasing in area since 1960 by approx-
imately 100 acres. The expansion of the City of Stillwater has
been on to the south, into Oak Park Township, and south and west
into the formerly agricultural area of Stillwater Township. The
east boundary of the City of Stillwater is the St. Croix River
and the State of Wisconsin, which stops expansion to the east.
The improvement of Highway #212 from a two-lane highway
into a divided four-land highway with frontage roads bordering
part of and traversing through part of Oak Park Township indicates
the expansion of the City of Stillwater into this suburban and
formerly agricultural area.
Commercial developments appeared to have grown up along
Highway #212 and would indicate further commercial use of the
area to the south and west of the City of Stillwater and
including the area of Oak Park Township.
VI.
Vacant space for expansion of the City of Stillwater is
available through annexation of vacant lands except to the east.
Oak Park Township is one of the few vacant land areas abutting
to the City of Stillwater on the south.
VII.
One of the petitioners, J & B Realti Co., proposes to spend
approximately $500,000.00 in construction of apartment buildings
in the area to be annexed.
In all probability, taxes will increase by annexation, but
should be proportional to the benefits received, including city
utility services, improved police and fire protection, improved
streets and street maintenance, reduction of insurance rates,
sewer and water service, and other benefits of city service.
VIII.
The proposed commercial use of part of the area to be
annexed and the health and welfare of the community show a need
• •
for such governmental services as city water service, city
sewage disposal system, city zoning, city street planning, city
police and city fire protection.
IX.
Oak Park Township has not undertaken to supply water or
provide sewage disposal facilities on a community governmental
basis and no plans to do so in the foreseeable future were
disclosed.
X.
Oak Park Township relies upon the Sheriff's Department of
Washington County, Minnesota for police protection.
XI.
The City of Stillwater will have available to the area to
be annexed adequate city water and adequate city sewer connec-
tions. The city will put in streets required with proportionate
costs being paid by the owners of the abutting property. City
planning services, police departments and fire departments will
be available to serve the area.
XII.
The annexation should operate with mutual benefit to the
Oak Park Township and to the City of Stillwater.
XIII.
The following described lands should be annexed to the
City of Stillwater:
All of the Town of Oak Park, County of
Washington, State of Minnesota
CONCLUSIONS OF LAW
I.
The Minnesota Municipal Commission duly acquired, and
now has, jurisdiction of the within proceedings.
II.
The area of land to be annexed is so conditioned and so
located as to be properly subjected to municipal government
by the City of Stillwater.
• •
III.
The annexation of the area described in paragraph XIII of
the Findings of Fact herein by the City of Stillwater would be
in the best interest of the area affected and the City of
Stillwater.
IV.
Municipal government of the area to be annexed herein is
necessary and is required to protect public health, safety
and welfare and to provide needed governmental services.
V.
The township form of government is not adequate to cope
with the problems of the proposed commercial expansion and
with the problems of urban and suburban growth in said area.
VI.
The City of Stillwater can feasibly and practicably
provide for and best serve the need for governmental services
presently existing and as they become necessary in the future
in the area to be annexed.
VII.
An Order should be issued by the Minnesota Municipal
Commission annexing to the City of Stillwater the real estate
located in Washington County, Minnesota, described as follows:
All of the Town of Oak Park, County of
Washington, State of Minnesota
and said Order shall fix a day, after the entry of such Order,
when an election shall be held at a place designated by the
Commission, within the area to be annexed, wherein the qualified
voters of said area may vote "For Annexation" or "Against
Annexation,"
• •
MEMORANDUM OPINION
The Municipal Commission received on March 5, 1965, a petition
for annexation of certain property described as all of Blocks 12,
13, and 14 of Webster's Third Addition to the City of Stillwater.
The petition was initiated by the owners of said property. A
hearing was held May 17, 1965, and testimony was received. The
Municipal Commission ordered a continued hearing on June 18, 1965,
the purpose of the hearing being to alter the boundaries of the
land described by increasing the area to include the entire
Township of Oak Park.
The evidence submitted at the first hearing by the petitioners
relating to all of Blocks 12, 13 and 14 of Webster's Third Addi-
tion clearly supported the fact that the property was urban in
character, that the owners of the property were entitled to
receive urban services, and that in order for them to develop
the property to its full and maximum value it was necessary that
these services be provided. It was also manifestly clear that
the township was either unable or unwilling to provide the urban
services required. The testimony at this first hearing further
established that the township residents at their annual town
meeting had requested the township supervisors to explore the
possibility of the township merging either with the City of
Stillwater or with Oak Park Heights. The Commission wishes to
commend the residents of the township for their wisdom and far-
sightedness in undertaking this type of approach. The evidence
futther indicated that formal inquiries in either of these dir-
ections had not been made.
The Commission viewed the Township of Oak Park, the Village
�•
of Oak Park Heights, and the City of Stillwater and noted the
community of interest that was obvious between the township and
the City of Stillwater. The residents of the township for all
practical purposes as far as community programs are concerned
are considered to be a part of Stillwater.
• .
In considering the geographical location and the topography
of the Town of Oak Park in regard to the two municipalities that
were under consideration it was perfectly obvious to the Commission
that the entire township needs urban services and that many of
these services are presently obtained from the City of Stillwater
such as recreational programs, library services, and similar
types of service programs. It was also evident to the Commission
that the topography and geographical location was such that the
g g ra P
only logical municipality to provide other types of municipal
services necessary for the orderly growth of the community (water,
sewer, fire, and police protection, etc. ) would be from the City
of Stillwater.
The Commission had jurisdiction over this matter by virtue
of the petition as alluded earlier in the Memorandum Opinion
relating to Blocks 12, 13, and 14 of Webster's Third Addition,
all located in Oak Park Township. It was the Commission's
unanimous and considered judgment that we should then expand the
hearing to include the entire township to afford the residents of
the township the opportunity to join with the City of Stillwater.
This is in keeping with the request as has been indicated earlier
in the Memorandum Opinion where the residents of the township
at the annual meeting had expressed a need for a merger of their
township with one of the two adjacent municipalities.
It is the considered judgment of the Municipal Commission
that the interest of the residents of the Town of Oak Park would
best be served by a favorable vote on the proposed annexation.
The township would then become a part of the City of Stillwater
and would receive not only the services that Stillwater can offer
but would assume the responsibility of governing the very munici-
pality that is providing the services and become participating
citizens in the programs that they and their children are using.
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