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HomeMy WebLinkAboutOPH to Stillwater 1972 air► 410 I\9 4641 4 RESOLUTION PROPOSING THE ADOPTION OF ORDERLY L:' A NE ATIO`r PROCEEDINGS BY THE STILLWATER CITY COUNCIL AND THE STILLWATER TOWN BOARD. WHEREAS, the communities of Stillwater and Stillwater Township have been and now are involved in two annexation proceediHgs in which interests important to both communities are at stake ; and WHEREAS, it is vitally important for the City of Stillwater to expand its boundaries to provide for future commercial, industrial and residential growth; and WHEREAS, there are currently two proposals for the development of portions of Stillwater Township which are contingent upon •annexation to the City of Stillwater: 1. Wild Pines (107 acres) , Municipal Commission No. A-1985 2 . Hooley-Feely (175 acres) , Municipal Commission No. A-2056 WHEREAS, the development of both of the above parcels of land is deemed to be extremely important to the entire St. Croix Valley as a . stimulant to existing commerce and industry , as a source of new jobs, and as• a provider of housing for current and future residents of the area and the delay of which might permanently and seriously impare the proper growth and development of the City and its environs; and • WHEREAS, the Stillwater City Council does appreciate the concern 'of the Stillwater Town Board over the problems created by annexations; and WHEREAS, the City Council of the City of Stillwater recot7izes that such expansion of its boundaries can create problems for the Town of Stillwater for which said Town will require an opportunity to plan; and WHEREAS, it is recognized that sound development of the entire Stillwater Area can only come as the result of sound planning and effective plan enforcement; and • 2 . 411 WHEREAS, it is recognized and agreed to by the Stillwater City Township Council that the area of Stillwater/now bounded by the Village of Oak Park Heights, T. H. No. 212 , Washington County Road No. 37 , T. H. No. 96, and the Stillwater City Limits is the area of the Township which is most likely to develop and to be in need of both urban services and extensive land use planning in the forseeable future ; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that it hereby proposesthat the two communities of Stillwater and Stillwater Township enter into orderly annexation proceedings, as authorized by Minnesota Statutes, Chapter 414.032, for that portion of the Township bounded by the Village of Oak Park Heights, T. H. No. 212, Washington County Road No. 37, T. H. No. 96, and the Stillwater City Limits. Such agreement shall be accomplished by joint Resolution of the two governing bodies. BE IT FURTHER RESOLVED, that the City proposes that the joint Resolution shall contain the following conditions : 1. That the Stillwater Town Board will withdraw its objections and opposition to the above cited Wild Pines and Hooley-Feely annexa- tion proceedings so that annexation and consequently the desired developments will take place 2. That for a period of three years subsequent to the approval of such orderly annexation proceedings by the Minnesota Municipal Commission, no portions of Stillwater Township mill be annexed to the City. 3 . That during said three year period, should development of property in Stillwater Township occur which requires urban 'services which can best be provided by the City, the City will contract with the Township to provide such services. 411 S 3. 4. That the parties will engage a Planner who is mutually acceptable to prepare a detailed comprehensive land use plan for the undeveloped areas of the City and of the Township south of T. H. No. 96. Said Planner shall be urged to make full use of existing plans and studies of the area and shall consult with both City and Town officials in his studies. The Washington County Advisory Planning Commission shall act as the arbiter of disputes between the City Council and the Town Board over the proper land use for a portion of the planning area or over other matters which may arise in the formulation of the Plan. Upon completion, the Plan shall be adopted by the City Council and by the Town Board as the official plan for the area. In the formulation of the Plan, consideration shall be given to long range plans for the needs of that portion of the Township lying north of T. H. 96. 5. That the costs of the Plan shall be apportioned between the City and the Township based on the official 1970 Census: City of Stillwater 10, 191 91% Stillwater Township 1,014 9% 6. That as to annexations which occur after the three year moratorium, the City will request the Municipal Commission, pursuant • to Minnesota Statutes, Chapter 414.032, subd. 4, to allow a period of five years for the Township mill rate to be increased to the level of the City's mill rate. Properties annexed to the City but not judged to be urban in nature shall be included in a Rural Taxing District pursuant to Ordinance No. 427 of the City of Stillwater and Minnesota Statutes, Chapter 272.67 . BE IT FURTHER RESOLVED, that copies of this Resolution are directed to be sent to the : Stillwater Town Board Washington County Board of Commissioners s • 4. Minnesota Municipal Commission State Senator Robert Brown State Representative Howard R. Albertson State Representative Richard O 'Dea Adopted by the Stillwater City Council this 14th day of September , 1971. Publish-- 9-17-71 A-2056 Stillwater • BEFORE THE MUNICIPAL COPIMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chairman Robert J. Ford Vice Chairman Harold J. Dahl Member Two County Commissioners Ex-Officio Members IN THE MATTER OF THE PETITION FOR THE) ANNEXATION OF CERTAIN LAND TO THE ) NOTICE OF HEARING CITY OF STILLWATER, MINNESOTA ) Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes 414, as amended, before the Minnesota Municipal Commission in the above-entitled matter. The hearing will be on the 24th day of February, 1972, in the Commis- sioner's Room of the Washington County Office Building, Stillwater, Minnesota, commencing at 10:00 A.M. All persons shall be given an opportunity to be heard orally, and to submit written data, statements or arguments concerning the above-entitled matter. The right to testify and the admission of testimony and other evidence shall be governed by the Rules of the Minnesota Municipal Commission. (The rules of the Minnesota Municipal Commission are found in Minnesota Statutes Annotated, at the end of Chapter 414. They may also be obtained from the Coitnuission upon request.) The property proposed for annexation is described as per attached. Dated this 6th day of January, 1972 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building St. Paul, Minnesota 55101 Bruce Rasmussen Executive Secretary • • • Stillwater Annexation A-2056 • Parcel No. 1: The South Half of the Northeast Cuarter of the • Southeast Cuarter (S1 of of SE?) of Section Thirty-two (32), Township Thirty (30) North, Range Twenty (20) :Jest, and Blocks Three '(3), Four (4), Seven (7) and Eight (8) of Ramsey & Carter's Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds in and for Washington County, . Minnesota. Owners: Leonard Roman Feely and Elizabeth Lucille • Feely.. Parcel No. 2: The Southerly 1045 feet of the asterly 990 feet of the Southeast Cuarter of the Southwest quarter of • Section 32, Township 30 North, Range 20 West, except that part thereof conveyed to Glenn M. Dell and Lucile M. Bell, husband and wife, by warranty deed dated August 24, 1964, recorded September 4, 1964 in Book 271 of Deeds, pane 233, and except that part thereof conveyed to Glenn H. Bell and Lucile M. Bell, : us:.)ard • and wife, by deed dated January 23, 1956, recorded February 7, 1956 in Book 198 of Deeds, page 635-636, subject to the right of way of Minnesota Highway 212 as the- same now exists. The Southerly 1045 feet of the Southwest Cuarter of the Southeast Cuarter of Section 32, Township 30 North, Range 20 .,re=U, subject to the right of way of • Minnesota Highway 212 as the Mme now exists. The Southerly 645 feet of the•Southeast Cuarter of' the Southeast quarter except the East 10 acres of said Southeast Cuarter of the Southeast :uarter of Section 32, Township 30 North, Range 20 West, subject to the right of way of Minnesota Highway 212 as the same now exists, except Parcel No. 4. Owners: John W. Hooley, Joyce M. Hooley, Charles M. Hooley, Nancy S. Hooley, Robert S. Thueson, • Dorothy Thueson and Thomas J. Hooley. Parcel No. 3: The Easterly 990 feet of the Southwest 'un rter of Section 32, Township 30 'worth, Range 20 West, except the Southerly 1045 feet thereof, and The West Half of the Southeast Cuarter of Section 32, Township 30 North, Range 20 Wcst, except the Southerly 10115 feet thereof. Owners: R. •M. Hadrath and Stella M. Hadrath. • • Stillwater Annexation A-2056 • • • Parcel No. 4: All that part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 30 North of Range 20 West, Stillwater Township, Washington County, Minnesota described as follows: Commence at the south quarter • . corner of Seiction 32, Township 30, Range 20; thence east along the south lia) of said Section 32 for 2310 feet more or less to the southeast corner of a tract of land conveyed by Warranty Deed from Moeliter to Hooley dated May 2, 1966 and recorded May 11, 1966 in Book 288 of Deeds, page 641, in the office of the Register of Deeds • in and for ,;ashington County, Minnesota; thence north 245 feet more or less to the north right-of-way line of Minnesota Highway No. 212, also being the point of be- ginning of this description; thence continuing north 100 . feet more or less; thence west and parallel with the said north right-of-way line of Minnesota Highway No. 212 for 95 feet, more or less; thence south for 100 feet to said north right-of-way line of Minnesota Highway No. 212; thence east along said north right-of-way line of Minnesota Highway No. 212 for 95 feet more or less to the point of beginning; according to the United States Government survey thereof. Owners: Roy N. Warren and Bonnie 'B. Warren • . • A-2056 Stillwater (Feeley-Hooley) BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chairman Robert J. Ford Vice Chairman Harold J. Dahl Member Peter E. Tibbetts Ex-Officio Member Don L. Cafferty Ex-Officio Member IN THE MATTER OF THE PETITION FOR) THE ANNEXATION OF CERTAIN LAND TO) NOTICE OF CONTINUED HEARING THE CITY OF STILLWATER A-2056 ) Notice is hereby given that the hearing scheduled in the above-described matter before the Municipal Commission for the 24" day of February, 1972, has been continued. The continued hearing will be held pursuant to Minnesota Statutes 414 as amended, before the Municipal Commission on a 21st day of March, 1972, commencing at 9:30 A.M. in the County Office Building, Stillwater, Minnesota. All persons shall be given an opportunity to be heard orally, and to submit written data, statements, or arguments concerning the above- entitled matter. The right to testify, and the admission of testimony and other evidence shall be governed by the Rules of the Municipal Commis- sion. (The rules of the Commission are found in Minnesota Statutes Annotated, at the end of Chapter 414.) The property proposed for annexation was described in the Notice of Hearing dated January 6, 1972. Dated this 16" day of February, 1972 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building, St. Paul / Bruce Rasmussen Executive Secretary 1 • A-2056 Stillwater BEFORE THE MUNICIPAI COMMISSION • OF THE STATE OF OINNESOTA Robert W. Johnson Chairman Robert J. Ford Vice Chairman Harold J. Dahl Member Peter Tibbetts Ex-Officio Member Don Cafferty Ex-Officio Member Idor Pederson Ex-Officio Member IN THE MATTER OF THE PETITION AND) RESOLUTION FOR THE ANNEXATION OF ) CERTAIN LAND TO THE CITY OF ) NOTICE OF HEARING STILLWATER, MINNESOTA ) The Minnesota Municipal Commission or March 21, 1972, held a hearing in the matter of the petition and resolution for the annexa- tion of certain property as described in N`unicipal Commission Notice of Hearing dated January 6, 1972, Commissi- n Docket Number A-2056 (Feeley, Hooley, et. al petition). At the March 21st hearing the Municipal Commission expanded the area under consideration by adding the following-described property: All of the Town of Stillwater, T30, R20, lying southerly of State Trunk Highway 96,Washington County NOTICE IS HEREBY GIVEN that a public hearing will be held on A-2056 Stillwater (Feely ley) BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA . Robert W. Johnson Chairman Harold J. Dahl Vice Chairman Robert J. Ford Member Peter Tibbetts Ex-Officio Member Don Cafferty Ex-Officio Member IN THE MATTER OF THE PETITION AND ) RESOLUTION FOR THE ANNEXATION OF ) NOTICE OF CONTINUED HEARING CERTAIN LAND TO THE CI`T'Y OF ) STILLWATER, MINNESOTA ) Notice is hereby given that a continued hearing will be held pursuant to ' Minnesota Statutes 414, as amended, before the Minnesota Municipal Commission in the above-entitled matter. The continued hearing will be held on the 4th day of August, 1972 in the Oak Park Bei hts Municipal Buildin: th Street North Oak Park Hei_hts, Minnesota, commencing at 10:00 a.m. All persons shall be given an opportunity to be heard orally, and to submit written data, statements, or arguments concerning g Y� the above-entitled matter. The right to testify, and the admission of testimony and other evidence shall be governed by the Rules of the Minnesota Municipal Commission. (The Rules of the Minnesota Municipal Commission are found in Minnesota Statutes Annotated, at the end of Chapter 414. They may also be obtained from the Minnesota Municipal Commission upon request. ) The property proposed for annexation was described in Minnesota Municipal Commission Notice of Hearing dated January 6, 1972. Dated this 19th day of July, 1972 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building P� 'n.e t. 010 St. Paul, 5 ; '_ Howard L. ' aibel, Jr. Executive Secretary • • A-2056 Stiliwnter (1.'eeley-Hooley) aj!? )l THE MUNICIPAL C 1 its ., O OF THE STV, . OF MINN77.30IA Robert W. Johnson Chairman Robert J. Ford Vice Chairman Harold J. Dahl Member Peter E. Tibbetts Ex-Officio Member Don L. Cafferty Ex-Officio Member • IN THE MATT iZ OF THE PETITIOV FOR THE ANNEXATION OF CE MIN Iry LUO TO FINDINGS OF FACT, CONCLUSIONS THE CI[Y OF STILSWATER A-2056 OF M*/ AND ORDER - D THIS PROCEEDING under Minnesota Statutes, Chapter 114, as amended, for annexation to the City of Stillwater of certain property located in the Township of Stillwater, Washin~ton County, Minnesota, more particularly described in the Petition on file herein, came duly on for hearing before the Minnesota Municipal Commission in the City of Stillwater in the County Office Building on the 2hth day of February, 1972, after due notice and service and publication of the same, at which time said proceeding was continued to March 21, 1972. In attendance at said continued hearing were Chairman Robert W. Johnson, and Commissioners Robert J. Ford, Harold J. Dahl, Peter E. Tibbetts. and Don L. Cafferty. Said Petition dated August 10, 1971 and a Resolution approving the same - by the City Council of the City of Stillwater dated August 19, 1971 were received by the Commission and determined, with amendments to the same, to be regular and complete and in compliance with the Statutes of the State of Minnesota and the Rules of the Minnesota Municipal Commission. At said hearing the Commission moved to expand the area and consideration of said Petition to include all. of Township of Stillwater located in Township 30, Rance 20, south of Minnesota thru Highway 96, Washington County, within the scope of the proceeding. Thereupon the proceeding was continued until May 2L, 1972, at T,7hi.ch time it was combined for purposes of hearing with Proceeding7; ,,,_l98>, and by stinnlation of all parties, all evidence in that Proceeding'and ?roceedin A-1981 could be considered as evidence in this Proceeding. • L Appearances were made by the City of Stillwater and the Town of Still- water. The City of Stillwater was represented by Harold D. Kimmel and the Town Y p Y of Stillwater was represented by,James D. Gibbs. The Commission, having considered the testimony of the witnesses, the exhibits received in evidence, and all of the evidence, files and records herein, being fully advised in the premises, makes the following Findings of Facts, Conclusions of Law and Order: FINDINGS OF FACTS: 1. That due, timely and adequate legal notices of the Petition and subsequent amendments to the same, and hearings thereon and continuances of the same, were duly published and served in accordance with law. 2. That due, timely and adequate objections to the proposed annexation of property described in said objections was filed by the Town of Stillwater, Washington County, Minnesota by authority of its Town Board. 3. That the area proposed for annexation in the original Petition herein . is located adjacent to and abuts the corporate limits of the City of Stillwater, 'Washington County, Minnesota, as does that portion of the To w n of Stillwater ter lying south of Highway No. 96, which, by the terms of the Commission Order, were included in this proceeding as an amendment to the initial Petition. 4. That thirteen property owners, being all of the property owners in • the area initially included in the Petition, joined in the petition- for annexa- tion. 5. . That pursuant to the Order of this Commission dated October 30, 1972 the population of the City of Stillwater is 10,203 people; and that the property included in the original annexation petition in this proceeding contained a • population of five persons. 6. That all of the property located in Stillwater Township lying south of Highway No. 96, and particularly those portions of Stillwater Township lying in the southerly and westerly sections thereof, that is, Sections 30, 31 and 32, are experiencing a great deal of pressure for urban development; that Lire Long -2- • . 1 • LaKc area, whzctz as .Locra'i,ch an oeccaons JO atie i.L, while ;; aarnel;/ dcvelopuu at present, is experiencing pressure for urban residential growth and is about to become and, to a limited extent, is urban and suburban in character; that a portion of the Long Lake area.located within Section 31 has for a number of years been within the ,jurisdiction of the City of Stillwater and that an additional portion of Long Lake was, by order of this Commission dated October 30, 1972, annexed to the City of Stiflwater; and that Long Lake is a natural resource, the protection of which is required, and that this protection can be better achieved if development around the perimeter is controlled by one municipality. That such control is required to protect the public health, safety and welfare in reference to plat control and land development and construction which may be ' reasonably expected to occur within a reasonable time. That the property included in the original petition which commenced this proceeding, hereinafter referred to as Hooley-Feely property, is owned primsarily by persons who are actively seeking to develop the same or sell the same for development for urban purposes and is about to become urban in character and that municipal government of the property is required to protect the public health, safety and welfare in reference to plat control or land development and construction which may be reasonably expected to occur within a reasonable time. That the Hooley-Feely property is, to a large extent, devoted to industrial zoning. The assessed valuation per capita of the City of Stillwater indicates that new industrial, commercial and residential growth is required if the City is to continue to function effectively. 7. That the municipal services available through the City of Still- water, including sewer, water, fire, police and recreational facilities are adequate to provide services to the area in question and that a comprehensive sewer plan has been approved by the Metropolitan Sewer Board for the whole area. 8. • That the zoning of the area in Stillwater Township lying south of —3— • Highway 96 is presently controlled by Washington County and'the pattern of development of property located within the City of Stillwater is consistent with that zoning, the Hooley-Feely area being primarily industrial and the Long Lake area being residential. 9. That the City of Stillwater has adequate zoning, housing and building codes and subdivision re-ulations which would be operational if any portion of the property in question were annexed to the City of Stillwater, and under the terms of that ordinance the zoning would remain unchanged. 10. That the 1971 valuation of the City of Stillwater was S5,315,660.00 and the municipal mill rate for the City of Stillwater for that year was 120.23. 11. That the 1971 mill rate for the Town of Stillwater was 29.22. 12. That all of that portion of Stillwater Township located south of Highway No. 96, as well as all of the City of Stillwater, is located within School District No. 834 and, assuming normal patterns of development and no substantial change in zoning, the annexation to the City of Stillwater and development within the City of Stillwater would have the same impact as develop- ment of the property in Stillwater Township. 13. That it is to the best interests of the annexing municipality and the property hereinafter described that said property be annexed to the City of Stillwater, to-wit: • -.14- Bon_I ''< < 1.``..P'r'. Parcel No. 1: the Soeth Half of the Northeast Quarter of the Southeast Quarter (:', of N- n F' ('1 1 (1,"4 "'L, ,,4-4 i 4 4,, /1,1 1 rn' •r • i. ... y (21 lest, and Blocks Throe (3), Four (I1), , even (7) and -r.'.ic;ht (8) of P.arr. ey P Carter's Ae'ctit.ion to `'ts.11 ater, as surveyed and platted and now on file and of record in the office of the Register of Deeds in and .for Wa c:hin ton County, M i n n e s o to. Parcel No 2: `i' . Te Southerly 1045 feet of the iasterly 990 feet of the Southeast Quarter of the Southwest Quarter of Section 32, Township 30 North, Range 20 West, except that part thereof conveyed to Glenn M. Bell and Lucile M. Bell, husband and wife, by warranty deed dated Auk ust 28, 1964, recorded September 4, 1964 in Book 271 of Deeds, page 233, and except that part thereof conveyed to Glenn . Bell and Lucile N. Bell, husband and wife, by deed dated January 23, 1956, recorded February 7, 1956 in Book 198 of Deeds, page 635-636, subject to the right of way of Minnesota Highway 212 as the same now exists. The Southerly 1045 feet of the Southwest °carter of the Southeast Quarter of Section 32, Township 30 North, Range 20 West, subject to the right of way of Minnesota Highway 212 as the same now exists. The Southerly 645 feet of the Southeast Carter of the Southeast Quarter except the Fast 10 acres of said Southeast Quarter of the Southeast Quarter of Section 32, Township 30 North, Range 20 West, subject to the right of way of Minnesota Highway 212 as the same now exists, except Parcel No. 4. Parcel No. 3: The Easterly 990 feet of the Southwest Quarter of Section 32, Township 30 North, Range 20 West, except the Southerly 1045 feet thereof, and the West Half of the Southeast Quarter of Section 32, Township 30 North, Range 20 .Jest, except the Southerly 1045 feet thereof. Parcel No. 4: All that part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 30 North of Range 20 West, Stillwater Township, -Washington County, Minnesota described as follows: Co :mence at the south quarter corner of Section 32, Township 30, Range 20; thence east along the south line of said Section 32 for 2310 feet more or less to the southeast corner of a tract of land conveyed by Warranty Deed from Moelter to Hooley dated May 2, 1966 and reco: ed ' ay 11, 1966 in Book 288 of Deeds, page 641, in the office of the Register of Deeds in and for Washington County, Minnesota; thence north 245 feet more or less to the north right-of-way line of Minnesota Highway No. 212, also being the point of beginning of this description; thence continuing north 400 feet more or less; thence west and parallel with the said north right-of-way line of Minnesota Highway No. 212 for 95 feet, more or less; thence south for 400 feet to said north right-of-way line of Minnesota Highway No. 212; thence eat along said north right-of-way line of Minnesota Highway No. 212 for 95 feet more or less to the point of beginning; according to the United States Government survey thereof„ • • • • • -5- • 411 Lon ; Lake Aron The Northwest Quarter of the Southwest Quarter. (Nt•T of SU :) of Section 29; The North Half of the Southeast Quarter (NA of SE4) of Section 30; The Southwest Quarter of the Southeast Quarter (SAn of SE4) of Section 30; The Southeast Quarter of the Southwest Quarter (SE of SW ) of Section 30; The Northeast Quarter of the Southwest Quarter (NE4 of SW 4) of Section 30; The Northeast Quarter of the Northwest Quarter (NE4 of N4)of Section 31; The Southeast Quarter of the Northwest Quarter (SEZ. of NW4) of Section 31; The Northeast Quarter of the Southwest Quarter (NE4 of SW4) of Section 31; The Northwest Quarter of the Southeast Quarter (NU4 of SE4) of Section 31; The North Half of the Northeast Quarter of the Southeast Quarter (Ni- of NE4, of SE?-,) of Section 31; and The North Half of the Northwest Quarter of the Southwest Quarter (NA of NWL of SW ) of Section 32 ; all of the foregoing being located in Stillwater Township, Township 30 North. Range 20 'Jest , Washington County, Minnesota. 14. That precise data as to population, . assessed valuation and property ownership within the Long Lake Area are not available in evidence and that a supplementary hearing will be necessary to gather this information only. 15. That the remainder of Stillwater Township can continue to carry on the functions of government after annexation of the above described property without undue hardship. CONCLUSIOTS OF LAW 1. The Minnesota Municipal Commission duly acquired and now has jurisdiction of this annexation proceeding. 2. That the boundaries of the area proposed for annexation in the original petition should be increased to include additional property which is or is about to become urban or suburban in character and in order to improve the symmetry of the. area. 3. The area proposed for annexation is so conditioned and so located as to be properly subject to the municipal government of the City of Stil w<ater , ''iashin ,ion County, Minnesota. -6- • 110 4. There is no need for the continuance of any township government within the area proposed for annexation., 5. - The City of Stillwater, Washington County, Minnesota is capable and is best situated to provide the governmental services presently needed and those services which will become necessary in the future in the area proposed for annexation. 6. The proposed annexation to the City of Stillwater, Washington County . Minnesota will not materially affect the capability of the Township of Stillwater to continue its normal operation. 7. The annexation of the area to the City of Stillwater, Washington County, Minnesota would be in the best interests of the area affected. $. An Order should be issued by the Minnesota Municipal Commission annexing to the City of Stillwater the real estate located in Washington County, Minnesota and described herein. ORDER IT IS HEREBY ORDERED : That the real estate situated in the County of Washington, State of Minnesota , described as follows be and the same is hereby annexed to the City of Stillwater, Minnesota, the same as if it had been originally made a part thereof: Hooley-Feely ¢area Parcel No. 1 : The South half of the Northeast Quarter of the Southeast Quarter (Si of 1:E1-, of SE*) of Section Thirty-two (32 ) , Township Thirty (30) North, Range Twenty (20) West , and Blocks Three (3 ) , Four (4) , Seven (7) and Eight (8) of Ramsey & Carter' s Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds in and for Washington County, Minnesota. Parcel No. 2 : The Southerly 1045 feet of the Easterly 990 feet of the Southeast Quarter of the Southwest Quarter of Section 32 , Township 30 North, Range 20 West, except that part thereof conveyed to Glenn 1. Bell and Lucile 11. Bell , husband and wife, by warranty deed dated August 24, 1964, recorded September 4. 1964 in Book 271 of Deeds, page 233 , and except that part conveyed conveed to Glenn ' T?�,"1 , „ r� T.. , .. -,11 'e • i - dated January 23 , 1.95 6. recorded February 7, 1.956 in- Hook 198 of Deeds, page 6350636, subject to the right of way of Minnesota Highway 212 as the same now exists. The Southerly 1015 feet of the Southwest Quarter of the Southeast Quarter of Section 32 . Township 30 North, Range 20 West , subject to the right of way of Minnesota Highway 212 as the same now exists. The Southerly 645 feet of the Southeast Quarter of the Southeast Quarter except the East 10 acres of said Southeast Quarter of the Southeast Quarter of Section 32 . Township 30 North Range 20 West, subject to the right of way of Minnesota Highway 212 as the same now exists, except Parcel Teo. 4. • Parcel I'o. : The Easterly 990 feet of the Southwest Quarter of Section 32 , Township 30 North , Range 20 West , except the Southerly 1045 feet thereof, and the West Half of the Southeast Quarter of Section 32, Township 30 North, Range 20 West, except the Southerly 10!5 feet thereof. Parcel No. 4: All that part of the Southeast Quarter of the Southeast Quarter of Section 32 , Township 30 North of Range 20 West , Stillwater Township, Washington County, Minnesota described as follows: Commence at the south quarter corner of Section 32, Township 30, Range 20; thence east along the south line of said Section 32 for 2310 feet more or less to the southeast corner of a tract of land conveyed by Warranty Deed from Toelter to Hooley dated May 2, 1966 and recorded ilay 11, 1966. in Book 28$ of Deeds, page 641, in the office of the Register of Deeds in and for Washington County, Minnesota; thence north 245 feet more or less to the north right-of-way line of Minnesota Highway No. 212 , also being the point of beginning of this description; thence continuing north 400 feet more or less; thence west and parallel with the said north right-of-way line of Minnesota Highway No. 212 for 95 feet , more or less; thence south for 400 feet to said north right-of-way line of Minnesota Highway No. 212 ; thence east along said north right-of-way line of i innesota Highway Ho. 212 for 95 feet more or less to the point of beginning; according to the United States according Government survey thereof. Long Lake Area The Northwest Quarter of the Southwest Quarter (NW4 of SW ) of Section 29; - The North Half of the Southeast Quarter (NL of SE4) of Section 30; The Southwest Quarter of the Southeast Quarter (SW4 of SE);-) of Section 30; The Southeast Quarter of the Southwest Quarter (SE1- of S? ) of Section 30; The Northeast Quarter of the Southwest Quarter ( IE4 of ST;) of Section 30; The Northeast Quarter of the Northwest Quarter (NE of RI of Section 31 ; The Southeast Quarter of the Northwest Quarter (SEA;, of NW,:( of Section 31; Northeast the Southwest -;,. of S�'. -) of Section 31; The T�•�ortheast Quarter of .,he �outh,�aest Quarter ( :�,1�. �. The Northwest Quarter of the Southeast Quarter ( W of SEA) of Section 31; The North Half of the Northeast Quarter of the Southeast Quarter (NL- of 1E of SE ) of Section 31; and The North half of the Northwest Quarter of the Southwest Quarter (Ni of NW of SW,I;) of Section 32 ; all of the foregoing being located in Stillwater Township, Township 30 North, Range 20 West , a 3iijnr,ton County, :'innesota. III 110 - . IT IS FURTHER ORDERED: That the Secretary of the Commission shall designate a time and place for a supplementary hearing in accordance with Minnesota Statutes Section 414.09, subdivision 1 within 30 days which hearing shall be limited to evidence as to the population, assessed valuation and property ownership of the Long Lake Area. A supplementary order shall be issued establishing these facts and fixing a day for an election if it is shown that this proceeding was not initiated by a majority of the property owners annexed. IT IS FURTHER ORDERED : That all other assets and obligations of the Town of Stillwater shall remain the property and responsibility of the Township. irA Dated this day of January 1973 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building St. Paul , Minnesota 55101 a' i XII t,I&O ' .-, al,Cigj Ho;-lard t. a_Lbel , or. Executive Secretary _9_ A-2056 FcHy-litl'y • MEMORANDUM In a commission memorandum, dated October 30, 1972, accompanying our order in the "Wild Pines" annexation (Commission Docket No. A-1985), we indicated that we were postponing final action -on this petition for a period of thirty days "in order to give the governments involved one more opportunity to work out an agreement for orderly annexation". We noted in that memorandum that "The Stillwater City Council has enacted a proposal for orderly annexation. If that proposal is unacceptable to the town board, they have yet to submit a counter proposal". The township response is contained in a letter to the commission dated December 18, 1972, "You were misinformed. The township has said no!" We have today decided that progress in the negotiations between the city and town has not been forthcoming and that further delay would be unwise and unjust. Our earlier memorandum indicated that, "We have expanded the hearing on this petition to consider all of the area south of Highway 96 and have thoroughly considered testimony as to how we might improve on the pending petition in some limited way". Today's order provides for that improvement by squaring off the boundaries of the city and by placing the lake of Long Lake and the land around it in one municipality to allow for unified land and lake use control. While we have no statutory power to control zoning in the area annexed, we note the concerns expressed by the Washington County Planning Commission • and urge, in the strongest way possible, that any changes in the zoning or comprehensive plan for this area should be made only with the full concurrence of the county planning commission and the Metropolitan Council. We wish to emphatically re-emphasize our intention to discourage further piecemeal annexation in the Stillwater area. We remain hopeful that a comprehensive long range solution to boundary problems in this area may still be arranged. In this regard, we announce today our decision to grant the request of petitioners to postpone action on the consolidation petition between the township and the Village of Oak Park Heights (Commission Docket No. Cll-mt) in order to thoroughly study what the long range solution should be. the i•a t.iopoiiLau Cuuuci.l Las to conduct a special study in this regard during that period. • A-2056 Stillwater (Feeley- Iooley) B3EFORE THE MUNICIPAL CO MISSION OF THE STATE OF MINNN.SOI Robert H. Johnson Chairman Robert J. Ford Vice Chairman Harold J. Dahl Member Peter E. Tibbetts Ex-Officio Member Dons L. Cafferty Ex-Officio Member IN THE MATTER OF THE PETITION FOR AMENDED THE ANNEXATION OF CERTAIN LAND TO FINDINGS OF FACT, CONCLUSIONS THE CITY OF L`.`i TILL:'.ATER A-2056 OF lAW AND ORDER R THIS PROCEEDING under Minnesota Statutes, Chapter 4141 as amended, for annexation to the City of Stillwater of certain property located in the Township of Stillwater, Washin:ton County, Minnesota, more particularly described in the Petition on file herein, came duly on for hearing before the Minnesota Municipal Commission in the City of Stillwater in the County Office Building on the 2l.ith day of February, 1972, after due notice and service and publication of the same, at which time said proceeding was continued to March 21, 1972. In attendance at said continued hearing were Chairman Robert W. Johnson, and Commissioners Robert J. Ford, Harold J. Dahl, Peter E. Tibbetts and Don L. Cafferty. Said Petition dated August 10, 1971 and a Resolution approving the same by the City Council of the City of Stillwater dated August 19, 1971 were received • by the Commission and determined, with amendments to the same, to ,be regular and complete and in compliance with the Statutes of the State of Minnesota and the Rules of the Minnesota Municipal Commission. At said hearing the Commission moved to expand the area and consideration of said Petition to include all. of Township of Stillwater located in Township 30, Range 20, south of Minnesota thru •Highway 96, Washington County, within the scope of the proceeding. Thereupon the proceeding was continued until May 24, 1972, at which time it was combined for purposes of hearing with Proceeding -1981, and by stipulation of all parties, all evidence in that Proceeding and Proceeding A-1981 could be considered as evidence in this Proceeding. • • • Appearances were made by the City of Stillwater and the Town of Still- water. The City of Stillwater was represented by Harold D. Kimmel and the Town of Stillwater was represented by James D. Gibbs. The Commission, having considered the testimony of the witnesses, the exhibits received in evidence, and all of the evidence, files and records herein, being fully advised in the premises, makes the following Findings of Facts, Conclusions of Law and Order: FINDINGS OF FACTS: 1. That due, timely and adequate legal notices of the Petition and subsequent amendments to the same, and hearings thereon and continuances of the same, were duly published and served in accordance with law. 2. That due, timely and adequate objections to the proposed annexation of property described in said objections was filed by the Town of Stillwater, Washington County, Minnesota by authority of its Town Board. 3. That the area proposed for annexation in the original Petition herein is located adjacent to and abuts the corporate limits of the City of Stillwater, Washington County, Minnesota , as does that portion of the Town of Stillwater lying south of Highway No. 96, which, by the terms of the Commission Order, were included in this proceeding as an amendment to the initial Petition. 4. That thirteen property owners, being all of the property owners in the area initially included in the Petition, joined in the petition- for annexa- tion. 5. That pursuant to the Order of this Commission dated October 30, 1972 the population of the City of Stillwater is 10,203 people; and that the property included in the original annexation petition in this proceeding contained a population of five persons. 6. That all of the property located in Stillwater Township lying south of Highway No. 96, and particularly those portions of Stillwater Township lying in the southerly and westerly sections thereof, that is, Sections 30, 31 and 32, are experiencing a great deal of pressure for urban development; that the Long -2- \ I Lake area, which is located in Sections 30 and 31, while sparsely developed at present, is experiencing pressure for urban residential growth and is about to become and, to a limited extent, is urban and suburban in character; that a portion of the Long Lake area located within Section 31 has for a number . of years been within the jurisdiction of the City of Stillwater and that an additional portion of Long Lake was, by order of this Commission dated October 30, 1972, annexed to the City of Sti'l.lwate r; and that Long Lake is a natural resource, the protection of which is required, and that this protection can be better achieved if development around the perimeter is controlled by one municipality. That such control is required to protect the public health, safety and welfare in reference to plat control and land development and construction which may be reasonably expected to occur within a reasonable time. That the property included in the original petition which commenced this proceeding, hereinafter referred to as Hooley-Feely property, is owned primsarily by persons who are actively seeking to develop the same or sell the same for development for urban purposes and is about to become urban in character and that municipal government of the property is required to protect the public health, safety and welfare in reference to plat control or land development and construction which may be reasonably expected to occur within a reasonable time. That the Hooley-Feely property is, to a large extent, devoted to industrial zoning. The assessed valuation per capita of the City of Stillwater indicates that new_industrial, commercial and residential growth is required if the City is to continue to function effectively. 7. That the municipal services available through the City of Still- water, including sewer, water, fire, police and recreational facilities are adequate to provide services to the area in question and that a comprehensive sewer plan has been approved by the Metropolitan Sewer Board for the whole area. 8. That the zoning of the area in Stillwater Township lying south of w -3- • Highway 96 is presently controlled by Washington County and the pattern of development of property located within the City of Stillwater is consistent with that zoning, the Hooley-Feely area being primarily industrial and the Long Lake area being residential. 9. That the City of Stillwater has adequate zoning, housing and building codes and subdivision re -ulations which would be operational if any portion of the property in question were annexed to the City of Stillwater, and under the terms of that ordinance the zoning would remain unchanged. 10. That the 1971 valuation of the City of Stillwater was $,315,660.00 and the municipal mill rate for the City of Stillwater for that year was 120.23. 11. That the 1971 mill rate for the Town of Stillwater was 29.22. 12. That all of that portion of Stillwater Township located south of Highway No. 96, as well as all of the City of Stillwater, is located within . School District No. 83I and, assuming normal patterns of development and no substantial change in zoning, the annexation to the City of Stillwater and development within the City of Stillwater would have the same impact as develop- ment of the property in Stillwater Township. 13. That it is to the best interests of the annexing municipality and the property hereinafter described that said property be annexed to the City of Stillwater, to wit: • • • • Hooley-Feely Area Parcel No. 1: the Sovth Half of the Northeast Quarter of the Southeast Quarter (S--'; of NE of S1' ) of erection 'i'turty-two ljG), Jownsnip 'J'niriy , u) Nortn, Ronirc 'Twenty (21 West, and Blocks Three (3), Four (4), Seven (7) and Eight (8) of Ramsey Carter's Pv dition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds in and for Washin.;ton County, Minnesota. Parcel No. 2: The Southerly 1045 feet of the Easterly 990 feet of the Southeast Quarter of the Southwest Quarter of Section 32, Township 30 North, Range 20 :lest, except that part thereof conveyed to Glenn M. Bell and Lucile N. Bell, husband and wife, by warranty deed dated August 24, 1964, recorded September 4, 1964 in Book 271 of Deeds, page 233, and except that part thereof conveyed to Glenn M. Bell and Lucile M. Bell, husband and wife, by deed dated January 23, 1956, • recorded February 7, 1956 in Book 198 of Deeds, page 635-636, subject to the right of way of`Minnesota •Highway 212 as the same now exists. The Southerly 1016 feet of the Southwest r?uarter of the Southeast fluarter of Section 32, Township 30 North, Range 20 West, subject to the right of way of Minnesota Highway 212 as the same now exists. The Southerly 645 feet of the Southeast fuarter of the Southeast Quarter except the Fast 10 acres of said Southeast Quarter of the Southeast Quarter of Section 32, Township 30 North, Range 20 West, subject to the right of way of Minnesota Highway 212 as the same now exists, except Parcel No. 4. Parcel No. 3: The Easterly 990 feet of the Southwest Quarter of Section 32, Township 30 North, Range 20 '.lest, except the Southerly 10115 feet thereof, and the West Half of the Southeast Quarter of Section 32, Township 30 North, Range 20 ;lest, except the Southerly 10115 feet thereof. Parcel No. 4: All that part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 30 North of Range 20 West, Stillwater Township, 7-.7ashi.ngton County, Minnesota described as fo11ows:. Co^ nonce at the south quarter corner of Section 32, Township 30, Range 20; thence east along the south line of said Section 32 for 2310 feet more or less to the southeast corner of a tract of land conveyed by Warranty Deed from Moelter to Hooley dated May 2, 1966 and recor::.ed ' ay 11, 1966 in Book 288 of Deeds, page 641, in the office of the Register of Deeds in and for Washington County, Minnesota; thence north 245 feet more or less to the north right-of-way line of Minnesota Highway No. 212, also being the point of beginning of this description; thence continuing north 400 feet more or less; thence west and parallel with the said north right-of-way line of Minnesota Highway No. 212 for 95 feet, more or less; thence south for 400 feet to said north right-of-way line of Minnesota Highway No. 212; thence eat along said north right-of-way line of Minnesota Highway No. 212 for 95 feet more or less to the point of beginning; according to the United States Government survey thereof,. • • • • • • • • -5- • • • • Long Lake Area The Northwest: Quarter of the Southwest Quarter (NA of SW1) of Section 29; The North Half of the Southeast Quarter (N1 of SE4) of Section 30; The Southwest Quarter of the Southeast Quarter (SWt of SE4) of Section 30; The Southeast Quarter of the Southwest Quarter (SE4 of SA) of Section 30; The Northeast Quarter of the Southwest Quarter (NE4 of SW1) of Section 30; The Northeast Quarter of the Northwest Quarter (NEt of NW4) of Section 31; The Southeast Quarter of the Northwest Quarter (SE4 of NA-) of Section 31; The Northeast Quarter of the Southwest Quarter (NE4 of SW4) of Section 31; The Northwest Quarter of the Southeast Quarter (NA of SE4) of Section 31; The North Half of the Northeast Quarter of the Southeast Quarter (NZ of NE; of SE4) of Section 31; and Tke-Neftk-Hai_€-a€-kke-Nef }west-Qaafter-a€-tie-Semtliwest-Quarter 0I1/2-a€-WW4-of-SW 4-a€-See“ea-32; The Southwest Quarter of the Northeast Quarter (SW4 of NE4) of Section 31; and That art of the North Half of the North 2 of the Southwest Quarter (?tT2 of NZ of SWL) of Section 32 which is not included in the above described "Feely-Hooley Area"; all of the foregoing being located in Stillwater Township, Township 30 North, Range 20 West, Washington County, Minnesota. • 14. That precise data as to population, assessed valuation and property ownership within the Long Lake Area are not available in evidence and that a supplementary hearing will be necessary to gather this information only. 15. That the remainder of Stillwater Township can continue to carry on the functions of government after annexation of the above described property without undue hardship. CONCLUSIONS OF LAW 1. The Minnesota Municipal Commission duly acquired and now has jurisdiction of this annexation proceeding. 2. That the boundaries of the area proposed for annexation in the original petition should be increased to include additional property which is or is about to become urban or suburban in character and in order to improve the symmetry of the area. 3. The area proposed for annexation is so conditioned and so located as to be properly subject to the municipal government of the City of Stillwater, Washington County, Minnesota. -6- • • • 4. There is no need for the continuance of any township government within the area proposed for annexation. 5. The City of Stillwater, Washington County, Minnesota is capable and is best situated to provide the governmental services presently needed and those services which will become necessary in the future in the area proposed for annexation. 6. The proposed annexation to the City of Stillwater, Washington County . Minnesota will not materially affect the capability of the Township of Stillwater to continue its normal operation. 7. The annexation of the area to the City of Stillwater, Washington County, Minnesota would be in the best interests of the area affected. Minnesota Commission $. An Order should be issued by the I�sinnesota annexing to the City of Stillwater the real estate located in Washington County, Minnesota and described herein. ORDER IT .IS HEREBY ORDERED : That the real estate situated in the County of Washington, State of Minnesota , described as follows be and the same is hereby annexed to the City of Stillwater, Minnesota, the same as if it had been originally made a part thereof: Hooley-Feely area Parcel No. 1 : The South Half of the Northeast Quarter of the Southeast Quarter (Si of NE4-. of SEA ) of Section Thirty-two (32 ) , Township Thirty (30) North, Range Twenty (20) West . and Blocks Three (3 ) o Four (4) , Seven (7) and Eight ( 8) of Ramsey & Carter' s Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds in and for Washington County, Minnesota. Parcel No. P : The Southerly 1045 feet of the Easterly 990 feet of the Southeast Quarter of the Southwest Quarter of Section 32 , Township 30 North, Range 20 West, except that part thereof conveyed to Glenn M. Bell and Lucile M. Bell, husband and wife , by warranty deed dated August 24, 1964, recorded September 4, 1964 in Book 271 of Deeds, page 233 , and except that part thereof conveyed to Glenn id. Bell and Lucile M. Bell, husband and wife, by deed -7- • dated January 23 , 1956, recorded February 7, 1956 in Book 198 of Deeds, page 6350636, subject to the right of way of Minnesota Highway 212 as the same now exists. The Southerly 1015 feet of the Southwest Quarter of the Southeast Quarter of Section 32 , Township 30 North , Range 20 West , subject to the right of way of Minnesota Highway 212 as the same now exists. The Southerly 645 feet of the Southeast Quarter of the Southeast Quarter except the East 10 acres of said Southeast Quarter of the Southeast Quarter of Section 32 , Township 30 North Range 20 West, subject to the right of way of Minnesota Highway 212 as the same now exists, except Parcel No. 4. Parcel No. 3 : The Easterly 990 feet of the Southwest Quarter of Section 32 , Township 30 North , Range 20 West , except the Southerly 1045 feet thereof, and the West Half of the Southeast Quarter of Section 32, Township 30 North, Range 20 West, except the Southerly 1045 feet thereof. Parcel No. 4• All that part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 30 North of Range 20 West, Stillwater Township, Washington County, Minnesota described as follows: Commence at the south quarter corner of Section 32, Township 30, Range 20; thence east along the south line of said Section 3 3 2 for 2310 feet More or less to the southeast corner of a tract of land conveyed by Warranty Deed from Moelter to Hooley dated May 2 , 1966 and recorded May 11, 1966 in Book 2$8 of Deeds, page 641, in. the office of the Register of Deeds in and for Washington County, . Minnesota; thence north 245 feet more or less to the north right-of-way line of Minnesota Highway No. 212 , also being the point of beginning of this description; thence continuing north 400 feet more or less; thence west and parallel with the said north right-of-way line of Minnesota Highway No. 212 for 95 feet , more or less; thence south for 400 feet to said north right-of-way line of Minnesota Highway No. 212 ; thence east along said north right-of-way line of Minnesota Highway No. 212 for 95 feet more or less to the point of beginning; according to the United States Government survey thereof. • Long Lake Area The Northwest Quarter of the Southwest Quarter (N II of S 1,—) of Section 29; The North Half of the Southeast Quarter (NL of SEfl of Section 30; The Southwest Quarter of the Southeast Quarter (SW4 of SE?;) of Section 30; The Southeast Quarter of the Southwest Quarter (SEt of SVJ) of Section 30; The Northeast Quarter of the Southwest Quarter (NE4 of S?: -�) of Section 30; The Northeast Quarter of the Northwest Quarter (NE . of M'T of Section 31; The Southeast Quarter of the Northwest Quarter (SE- of NTT 1'-'( of Section 31; The Northeast Quarter of the Southwest Quarter (;,TES of S'; .) of Section 31; The Northwest Quarter of the Southeast Quarter M4 of SEw) of Section 31 ; The North Half of the Northeast Quarter of the Southeast Quarter (Nz of NE of SEA:) of Section 31; .4144 �=-Yee-N�:atk- I= ?� '-�r -t rr -I�► k : e c e --Qua e r--(-N- -of.-NW The Southwest quarter of the Northeast Quarter (S`A of NEB) of Section 31; and That part of the North Half of the North 's of the Southwest Quarter (N)5 of N1 of SW4) of Section 32 which is not included in the above described "Feely-Uool.ey Area"; all of the foregoing being located in Stillwater Township, Township 30 North, Range 20 West, Washington County, Minnesota. -8- / S IT IS FURTHER ORDERED: That the Secretary of the Commission shall designate a time and place for a supplementary hearing in accordance with Minnesota Statutes Section 414.09, subdivision 1 within 30 days which hearing shall be limited to evidence as to the population, assessed valuation and property ownership of the Long Lake Area. A supplementary order shall be issued establishing these facts and fixing a day for an election if it is shown that this proceeding was not initiated by a majority of the property owners annexed. IT IS FURTHER ORDERED : That all other assets and obligations of the Town of Stillwater shall remain the property and responsibility of the Township. Dated this S day of January 1973 MINNESOTA MUNICIPAL COT MISSION 304 Capitol Square Building St. Paul , Minnesota 55101 A; #(11/44/- Howard L. a;aa he. , or. Executive Secretary Amended Order dated this 30th day of January 1973 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building St. Paul, Minnesota 55101 • I ' • Yll Howard L. Kaibel, Jr. Executive Secretary -9- 1110 A-1985 Sti 11wnter (Wild Piles) A-2056 Stillwater (Feely-Floolcy) BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chairman Robert J. Ford Member Thomas J. Simmons Member Peter E. Tibbetts Ex-Officio Member Don L. Cafferty Ex-Officio Member IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND TO ) THE CITY OF STILLWATER A-2056 ) MEMORANDUM ACCOMPANYING AMENDED ORDER IN THE MATTER OF THE PETITION ) IN A-2056 TO ANNEX CERTAIN LAND TO THE ) CITY OF STILLWATER A-1985 ) The purpose of this memorandum is to clarify for the record two problems with property descriptions in the above-entitled matters. There was no attempt to call these ministerial errors to the attention of the commission until a map was presented to the courts in an attempt to enjoin further proceedings. They are remedied by the amended order which accompanies this memorandum. The first property description problem involves the status of the Southwest Quarter of the Northeast Quarter (SW'4 of NE4) of Section 31, Township 30, Range 20. This quarter-quarter section was unintentionally omitted from the property description in the "Wild Pines" A-1985 Order dated October 30, 1972. It is clear from all of the records, testimony and arguments received by the commission in the various hearings that all parties and the full commission assumed that the area proposed for annexation in A-1985 included this quarter- quarter section. Maps submitted by both the Township and the City included this 40 acres. A further examination, however, clearly confirms that the quarter-quarter section was not included in the annexation order and remained a part of the township. This became an island completely surrounded by the City of Stillwater pursuant to the Order in "Feely-Hooley" A-2056 which squares out the city boundaries. The amended order corrects this error by annexing this property, a result which both the parties and the commission thought had already been S • achieved in A-1985. The second property description problem appears in the original "Feely- Hooley" A-2056 Order issued January 5, 1973, which left a small sliver of property separating the petitioned "Feely-Hooley" property from the expanded "Long Lake Area". The amended order corrects this defect and squares out the boundaries of the city improving their symmetry as was originally intended. The amendment is not an attempt to add new property but is merely an attempt to accurately describe what the commission originally intended. i A-2056 Stillwater • S BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chairman Robert J. Ford Member Thomas J. Simmons Member Peter Tibbetts Ex-Officio Member Don Cafferty Ex-Officio Member IN THE MATTER OF THE PETITION AND ) RESOLUTION FOR THE ANNEXATION OF ) CERTAIN LAND TO THE CITY OF ) SUPPLEMENTARY HEARING NOTICE STILLWATER, MINNESOTA ) Notice is hereby given that a Supplementary Hearing will be held pursuant to Minnesota Statutes 414, as amended, before the Minnesota Municipal Commission in the above-entitled matter. The hearing shall be limited to evidence as to the population, assessed valuation and property ownership of the Long Lake Area. The Supplementary Hearing will be held on the 2nd day of February, 1973, in the Washington County Office Building, Commissioner's Room, Stillwater, Minnesota, commencing at 2:00 p.m. All persons shall be given an opportunity to be heard orally, and to submit written data, statements, or arguments concerning the above-entitled matter. The right to testify, and the admission of testimony and other evidence shall be governed by the Rules of the Minnesota Municipal Commission. (The Rules of the Minnesota Municipal Commission are found in Minnesota Statutes Annotated, at the end of Chapter 414. They may also be obtained from the Minnesota Municipal Commission upon request. ) Dated this Ida y of January, 1973 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building St. Paul, Minnesota 55101 .11- / ' 411jkaillab Howard L. Kaibel, Jr. Executive Secretary bor 0 A-2056 Stillwater i (Feeley-Howley) 1 BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA t Robert W. Johnson Chairman Robert J. Ford Vice Chairman Thomas J. Simmons Member Peter E. Tibbetts Ex-Officio Member Don L. Cafferty Ex-Officio Member 0 IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND TO ) SUPPLEMENTARY ORDER THE CITY OF STILLWATER A-2056 ) 9 The Municipal Commission issued its Amended Findings of Fact , Conclusions of Law and Order on the above entitled matter on January 30, 1973 . The Minnesota Municipal Commission on all records, files, arguments and proceedings herein, being fully advised in the premises , 1 hereby issues its Supplementary O R D E R ki IT IS HEREBY ORDERED: That the Amended Order issued January 30, 1973 be revised to eliminate all reference to the "Long Lake Area" described therein, which property shall remain a part of the township. IT IS FURTHER ORDERED: That the effective date of the annexation of the remaining "Feeley-Hooley Area" shall be the date of this Order. ' IT IS FURTHER ORDERED: That the annexation herein ordered was rs initiated by a unanimous petition of the property owners and an election is therefore unnecessary. ` IT IS FURTHER ORDERED: That the population of the City of Stillwat be increased by 5 persons to 10,208 for all purposes until the next a State or federal census . Supplementary Order dated this 22nd day of March, 1973 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building St. aul, Minnesota 55101 f Howard L. Kaibel, Jr. Executive Secretary .y .; . III I A-20SG Stillwater (Fe 1 ,w-Noolev) M E M O R A N D U M '' During the last two years the commission has devoted an enormous amount of its time and resources to the 4 consideration of this boundary dispute between the City and Township 'of Stillwater. In that period we have held a total of 22 formal hearings and meetings,taking testimony, hearing 1a h; arguments and deliberating. Many additional hours were spent • in informal meetings and discussions with the parties attempting to resolve the conflict. The commission has consistently advocated some long range broader solution at the local level, without success . ` In an attempt to achieve a more comprehensive solution, r the In initiated an expansion of the pending petition, putting all of Long Lake in one municipal jurisdiction and straightening out the city boundaries. This statutory power : to expand an annexation is utilized infrequently and cautiously. a The expansion resulted in subjecting the commission order to a referendum of residents annexed. This statutory referendum was vigorously objected to by virtually everyone involved. City and Township residents who have a substantial interest in the boundaries of their communities were not entitled to vote. .i Persons owning annexed property residing outside of the area annexed were also prohibited from participating. The original petitioners who unanimously sought to have their land included in the city, suddenly found their request subject to a veto of IP , III I residents in the expanded area. . The District Court ordered the commission to reopen the proceeding on March 1 , 1973 . (We, note for the record that such reconsideration could have been accomplished without court action by a motion of the parties pursuant to Minnesota Municipal Commission Rule 14 . ) The commission did reopen and reconsider its decision hearing further argument from the parties . After careful and lengthy deliberation, the commission has decided to rescind the proposed expansion and approve the annexation only of the petitioned property. We will next proceed to hear and decide the pending consolidation petition of the Township and the Village of Oak Park Heights. r# The commission' s action should not be taken as an indication that we have revised our expressed conclusion that Long Lake should ultimately be placed within one municipality and that the symmetry of municipal boundaries should be improved. We have continuing jurisdiction under the 1 consolidation proceeding to determine what the boundaries ki should be The commission is required under this section of 0 1 the statute to determine what part of the area would be better served by the City of Stillwater as well as whether part of "' the area is not about to become urban or suburban in character and should thus remain in the township. A comprehensive F ' determination of future boundaries will be forthcoming in that order. .4 2 • A )104 ' III III Until this broader decision is reached, boundary questions will remain unsettled and other property owners may seek annexation to the city. Despite our strongly stated opposition to piecemeal annexation ,the commission will continue to receive and consider petitions for annexation in this area. • t i i Q • 3 4 • III 4 LAW OFFICES LEVANDER EN ARTHUR GILL Q ROGER C. MILLER ,. Vander, Gillen, Miller & Magnuson PAUL A.C. MILLER ON j/`pV Miller W HAROLD LEVANDER, JR. 200 DROVERS BANK BUILDING • SOUTH ST. PAUL. MINNESOTA 55075 PAUL H. ANDERSON . TELEPHONE (612) 451.1691 . March 29, 1973 Mr. Raymond N. Johnson Mayor of Oak Park Heights 14922 North 60th Street Oak Park Heights, Minn. 55082 Re: Annexation matter A-2056 Dear Mr. Johnson: Enclosed herewith please find a copy of the most recent order of the Minnesota Municipal Cmumt 1therC y oft Stillwater Xatln essence of the Township of Stillwater expanded Long Lake what the supplementary order does is eliminate the area from the annexation and order only the original Feele i 100ley area annexed to the City of Stillwater. By this change the Municipal Commission eliminates the need for an election in the annexed area. I have been in touch with Lyle Eckberg with respect council the etsuppMemdntal order, and I am planning to be present at your night to discuss the present status of the a nexation titho you and so the other members of the council. I am sending that you may have an opportunity to review it and the attached memorandum prior to the council meeting. ry i Very truly yours, " LeVander, Gillen, Miller & Magnuson 1 A>n. Paul H. Anderson PHA/]b } cc: Mr. Kenneth Heuer encl • a . :ROSERT J. BROWN a 4 Jw ry COMMITTEES SENATOR 3157 DISTRICT 1 ' '� HEALTH,`WELFARE.AND CORRECTIONS W. 106 . WI:KIN STREET RULES AND ADMINISTRATION STI',WATER,MINNESOTA 55082 TRANSPORTATION AND GENERAL LEGISLATION State Of,,Ittt17rco=s-o-t SENATE March 30, 1973 Minnesota Municipal Commission Capitol Square Building St . Paul, Minnesota Attention: Mr. Bob Johnson, Executive Secretary Gentlemen: We understand th_P Commission has concluded its action some time ago on the matter of the Bayport-Oak Park Heights annexation questions and I have been informed by local officials that no order has yet been issued. Could you please tell me what the disposition is of this Ilf matter or approximately when you plan on issuing an order. Very truly yours , Robert J . Brown Senator, District 51 RJB/br cc Mr. Ken Heuer �r Oak Park Heights