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Home My WebLink AboutOPH to Stillwater 1978 xeR:: - , : .:. . Ifus':. � '�,..•. �,•-.LJ . . .s • ` . •e4 h�'_•, " ::•'+4.'�•,.''.� • ,�- "',1.0:'.',...7.:,- :,..,' r+ -. f =,e:;`s 'r� ::i,. - <,: "t....:%•-•,!... t!:''` ' Iy... m w 9.,' ••. s ,. .a, `- r:'• ` 1.., . •. ' !. ,"�fir i•• •',•'.. -Irr •!: '7:. 3 r1' � . .i,� J . :' '.y•-... In . -y w'.6y., M1t :.7. ' p f$ r 6 $ .T x y. ✓, ii • 410F Atiy74). STAT1. OF MINNLSOTA OFFICE OF THE ATTORNEY GENERAL Si . I U!. 551:i;> WARREN SYANNAUS ADM) HIT! v lc/ ATTORNEY GENERAL 515 I1:1NSP(OKIAIION 131 IX, July 29, 1981 SI +'.ul , \IN SS155 I i l I I'HUNI : 0,121 29'-2U40 Clerk of Washington County District Court Washington County Courthouse 14900 61st Street North Stillwater, Minnesota 55082 Re: In the Matter of the Joint Resolution of the City of Stillwater for the Orderly Annexation of Certain Lands to the City of Stillwater Dear Sir/Madam: Enclosed for filing in the above—rreferenced matter, please find the Minnesota Municipal Board's NOTICE OF APPEARANCE, together with Affidavit of Service. By copy of this letter, service is hereby made upon the City of Oak Park Heights and its attorneys, Lyle J. Eckberg and Mark J. Vierling, David T. Magnuson and William E. Jepsen. Very truly yours, COOPER S. ASHLEY Special Assistant Attorney General Telephone: 612/2966438 CSA:bb Enc. cc: City of Oak Park Heights.0., Lyle J. Eckberg and Mark J. Vierling David T. Magnuson William E. Jepsen (all with enclosure) AN EQUAL OPPORTUNITY EMPLOYER STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT In the Matter of the Joint Resolution ) NOTICE OF APPEARANCE of the City of Stillwater for the ) Orderly Annexation of Certain Land ) MMB Docket No. OA-117-3 to the City of Stillwater ) TO: Clerk of Washington County District Court , Petitioner, City of Oak Park Heights, and its attorneys, Lyle J. Eckberg and Mark J Vierling, 126 South Second Street, P. 0. Box 40, Stillwater, Minnesota 55082 Now comes the Minnesota Municipal Board, by its attorneys, Warren Spannaus, Attorney General of Minnesota and Cooper S. Ashley, Special Assistant Attorney General, and makes this appearance and states that 1. The Board had jurisdiction to act. 2. The Board acted within its jurisdiction. 3. The administrative decision of the Board of which petitioner seeks judicial review herein is constitutional, lawful and proper in all respects and should, therefore, be affirmed. WHEREFORE, the Minnesota Municipal Board prays that petitioner's petition for judicial review be dismissed and all relief sought therein be denied, and the Board awarded its costs and disbursements. Dated: July 29, 1981. WARREN SPANNAUS Attorney General State of Minnesota - By C ;,.O-� - �<) t COOPER) S. ASHLEY Special Assistant Attorney General 515 Transportation Building St. Paul , Minnesota 55155 Telephone: 612/296 -6438 Attorneys for Minnesota Municipal Board • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS & WOLFF, P. A. 126 SOUTH SECOND STREET STILLWATER. MINNESOTA 55082 439-2878 LYLE J. ECKBERG OF COUNSEL: JAMES F. LAMMERS June 14 , 1978 WINSTON E. SANDEEN ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING Mr. Ken Heuer, Clerk City of Oak Park Heights 6141 Panama Avenue North Oak Park Heights, Minnesota 55082 Re: Joint Resolutions of the City of Stillwater and Town of Stillwater for Orderly Annexations before the Minnesota Municipal Board Dear Ken: The above entitled matter, at its first hearing on June 14, 1978, has been continued by the Board until September 8 and 9, 1978, at 9:00 o' clock a.m. , at which time the City of Stillwater will proceed with it' s evidence. Please note these dates on your calendar, and we shall get in touch with you about a week prior thereto. Yours very truly, g/(/ (-,////m Mark J ierling MJV: jf Oh-117-3 Stillwater • • BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Gerald J . Isaacs Chairman Robert W . Johnson Vice Chairman Thomas J . Simmons Member County Commissioner Ex-Officio Member County Commissioner Ex-Officio Member IN THE MATTER OF THE JOINT RESOLUTION ) OF THE CITY OF STILLWATER AND THE TOWN ) OF STILLWATER FOR THE ORDERLY ANNEXATION ) NOTICE OF HEARING OF CERTAIN LAND TO THE CITY OF STILL- ) WATER PURSUANT TO MINNESOTA STATUTES 414 ) Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes 414 , as amended , before the Minnesota Municipal Board in the above-entitled matter. The hearing will be held on the 12th day of April , 1978 , in the Commissioners ' Room , Washington County Courthouse , Stillwater , Minnesota , commencing at 9 : 00 a .m. All persons shall be given an opportunity to be heard orally and to submit written data , statements or arguments concern- ing 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 Board. (The rules of the Minnesota Municipal Board may be purchased from the Documents Section , 140 Centennial Building , St. Paul , Minnesota . ) The property proposed for annexation is described as follows : The Southeast (SE ) Quarter of the Southwest (SW ) Quarter of Section 33, Township 30 , Range 20 West , except the West one-half (Z) of the West one-half (2) of the Southeast (SE ) Quarter of the Southwest ( SW) Quarter of Section 33 , Township 30 , Range 20 West ; and • -2 �► That part of the Northwest (NW) Quarter of the Southwest (SW) Quarter , Section 33 , Township 30 , Range 20 West being the south 170 feet of the north 270 feet of that part of said quarter- quarter , except the south ten ( 10 ) feet of the North 270 feet as described as follows : Beginning at the Southwest (SW ) corner of said tract and running thence north along the west line of said tract 822 feet to a point, running thence east at right angles 489 feet more or less to the center line of the traveled road running northerly and southerly across said tract , running thence south along the center line of said traveled road to the south line of said quarter-quarter and running then west along the south line of said tract to place of beginning . After all testimony is complete and the record is closed , the Board will meet from time to time to deliberate , approve and issue its findings and order. Persons desiring to be present at such meetings or conference calls should contact the Board office . Dated this 13th day of March , 1978. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building • St. Paul , Minnesota 55101 oel - Patricia D. Lundy Assistant Executive Secretary • OA-117-3 Stillwater • 110 BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Gerald J . Isaacs Chairman Robert W. Johnson Vice Chairman Thomas J . Simmons Member Wesley Scheel Ex-Officio Member Millard Axelrod Ex-Officio Member IN THE MATTER OF THE JOINT RESOLUTION OF) THE CITY OF STILLWATER AND THE TOWN OF ) STILLWATER FOR THE ORDERLY ANNEXATION OF) NOTICE OF CONTINUED HEARING CERTAIN LAND TO THE CITY OF STILLWATER ) PURSUANT TO MINNESOTA STATUTES 414 ) Notice is hereby given that a continued hearing will be held pur- suant to Minnesota Statutes 414 , as amended , before the Minnesota Municipal Board in the above-entitled matter. The continued hearing will be held on the 12th day of May, 1978, in the Board Room , Washington County Courthouse , Stillwater , Minnesota , commencing at 9 : 00 a . m. All persons shall be given an opportunity to be heard orally and to submit written data , statements or arguments concern- ing 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 Board. (The rules of the Minnesota Municipal Board may be purchased from the Documents Section , 140 Centennial Building , St. Paul , Minnesota . ) The property proposed for annexation is described as follows : The Southeast (SE ) Quarter of the Southwest ( SW) Quarter of Section 33 , Township 30 , Range 20 West , except the West one-half (2) of the West one-half (Z) of the Southeast (SE ) Quarter of the Southwest (SW) Quarter of Section 33, Township 30, Range 20 West; and -2- i i E That part of the Northwest ( NW) Quarter of the Southwest (SW) Quarter , Section 33 , Township 30 , Range 20 West being the south 170 feet of the north 270 feet of that part of said quarter- quarter , except the south ten ( 10) feet of the North 270 feet as described as follows : Beginning at the Southwest (SW) corner of said tract and running thence north along the west line of said tract 822 feet to a point , running thence east at right angles 489 feet more or less to the center line of the traveled road running northerly and southerly across said tract , running thence south along the center line of said traveled road to the south line of said quarter-quarter and running then west along the south line of said tract to place of beginning . After all testimony is complete and the record is closed , the Board will meet from time to time to deliberate , approve and issue its findings and order. Persons desiring to be present at such meetings or conference calls should contact the Board office . Dated this 21st day of April , 1978. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul , Minnesota 55101 Patricia D . Lundy Assistant Executive Dire or OA-117-3 Stillwater 4 BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Gerald J . Isaacs Chairman Robert W . Johnson Vice Chairman Thomas J . Simmons Member Wesley Scheel Ex-Officio Member Millard Axelrod Ex-Officio Member IN THE MATTER OF THE JOINT RESOLUTION OF) THE CITY OF STILLWATER AND THE TOWN OF ) STILLWATER FOR THE ORDERLY ANNEXATION OF) NOTICE OF CONTINUED HEARING CERTAIN LAND TO THE CITY OF STILLWATER ) PURSUANT TO MINNESOTA STATUTES 414 ) Notice is hereby given that a continued hearing will be held pur- suant to Minnesota Statutes 414, as amended , before the Minnesota Municipal Board in the above-entitled matter . The continued hearing will be held on the 12th day of May, 1978, in the Board Room , Washington County Courthouse , Stillwater , Minnesota , commencing at 9 : 00 a .m. All persons shall be given an opportunity to be heard orally and to submit written data , statements or arguments concern- ing 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 Board. (The rules of the Minnesota Municipal Board may be purchased from the Documents Section , 140 Centennial Building , St. Paul , Minnesota . ) The property proposed for annexation is described as follows : The Southeast (SE ) Quarter of the Southwest ( SW ) Quarter of Section 33, Township 30, Range 20 West , except the West one-half (z) of the West one-half (2) of the Southeast (SE ) Quarter of the Southwest ( SW) Quarter of Section 33, Township 30, Range 20 West; and That part of the Northwest (NW) Quarter of the Southwest (SW) Quarter , Section 33, Township 30 , Range 20 West being the south 170 feet of the north 270 feet of that part of said quarter- quarter , except the south ten ( 10 ) feet of the North 270 feet as described as follows : Beginning at the Southwest (SW) corner of said tract and running thence north along the west line of said tract 822 feet to a point , running thence east at right angles 489 feet more or less to the center line of the traveled road running northerly and southerly across said tract , running thence south along the center line of said traveled road to the south line of said quarter-quarter and running then west along the south line of said tract to place of beginning . After all testimony is complete and the record is closed , the Board will meet from time to time to deliberate , approve and issue its findings and order . Persons desiring to be present at such meetings or conference calls should contact the Board office. Dated this 21st day of April , 1978. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul , Minnesota 55101 %-c, e;.,/..„, Patricia D . Lundy Assistant Executive Dire or • June 16, 1978 Mr. Mark J. Vierling Attorney at Law Eckberg, Lammers, Briggs and Wolff 126 South Second Street Stillwater, Minnesota 55082 RE: Oak Park Heights Annexation - Stillwater Orderly Annexation Dear Mark: I received Y our letter on the above referenced subject, indicating the matter has been continued for hearing on 8 or 9 September. Would you please reverify these dates, as they are a Friday and Saturday. I would also appreciate receiving any background information and documentation which your office has pertaining to this matter. This will not only be beneficial in preparing for the forthcoming hearing, but also in our current comprehensive planning work for the City. Very truly yours, MIDWEST PLANNING AND RESEARCH, INC.. David R. Licht, AIP President DRL/nd cc: Ken Heuer (798.02) I • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS 8c WOLFF, P. A. 128 SOUTH SECOND STREET STILLWATER. MINNESOTA 55082 439.2878 LYLE J. ECKBERG Or COUNSEL: JAMES F. LAMMERS June 20, 1978 WINSTON E. SANDEEN ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING Mr. David Licht Midwest Planning and Research 416 East Hennepin Avenue Minneapolis, Minnesota 55414 Re: Oak Park Heights Annexation/Stillwater Orderly Annexation Dear Dave: Thank you for correcting the error in the dates stated for the next hearing of the above referenced subject . The correct dates are the 7th and 8th of September. For background information, you may wish to note that the area involved in the present Stillwater Orderly Annexation is substantially the same property that was the subject of annexation proceedings held in 1975 and 1976. The property involved borders the northern part of Highway #212 and is specifically related to properties owned by Crown Auto, Burger King , Zantigo, Nash-Finch and several others. As you know, this property has already been the subject of annexation proceedings in 1975 and 1976, those proceedings currently pending appeal in the District Court. As we have a transcript of the hearings which have already been conducted regarding these properties, should you wish to see a copy of your testimony as was given in those proceedings, I would be more than happy to send you one. Aside from the transcript, there are no other documents at this time which are available to me. However, upon obtaining any, I shall forward them to you immediately. Your ver tru nMa ierling MJV:jf t...ecr: Mr. Ken Heuer I • • MEMORANDUM TO: File FROM: David Licht DATE: 29 August, 1978 RE: Oak Park Heights-Annexation Brekke At the City Council Meeting on 28 August, Mr. Eckberg advised me that he wanted me in attendance at the hearing on the Brekke Annexation which was scheduled for 9:30 a:.m. on 30 August. He indicated that he did not know how long I would have to be there,but that my presense was necessary. I indicated that I would attended as requested. L.,,pc<1.--<en Heuer (798.02) cork • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS 8e WOLFF, P. A. 126 SOUTH SECOND STREET STILLWATER. MINNESOTA 55082 439-2878 LYLE J. ECKBERG September 1, 1978 OF COUNSEL: JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING Mr. Ken Heuer, Clerk City of Oak Park Heights 6141 Panama Avenue North Oak Park Heights, Minnesota 55082 Re: Annexation of Certain Lands in Stillwater Township to the City of Stillwater Dear Ken: As I noted to you earlier, there will be a hearing before the Municipal Commission in the Board Room of the Washington County Court House on September 7 and 8, 1978, to consider annexation of certain lands within Stillwater Township to the City of Stillwater. As this is a continuation of the Orderly Annexation Hearings which had been held previously regarding parts of these lands, I have enclosed for your review and inspection a copy of your testimony given at the previous hearing. Also enclosed please find a brief sketch outlining the area to be annexed, which was provided me by the attorney for the City of Stillwater. You will note that the area in which we are primarily concerned with affects the area north. of Highway 212, including the Zantigo and Burger King restaurants, the Warehouse Market, and Crown Auto. The only other parcel to be affected by annexation is one which lies west of Greeley Street and is in between the self-serve Mobile Station and Bike Shop, which would be apparently of little concern to the City of Oak Park Heights. Should you have any questions or require any further information, please contact me at your earliest convenience. Thank you for your cooperation in this matter. Yours . ery truly, Ma k J. ierling MJV:jf Enc. Midwest • • Planning: Researchs ■unnu ■e 1 [1nr it IL 1(]f n ae�aaae ■ee!ei ��a...a ��aal�e urban planning • design • market research M■��e■■ a■r■■� nnnt ]ni JI l�� ■■■:■■■■�■■ae■aaooaaa •sfaUu■■,■ O I �ni ]nr ff lfii 1J. �...*ii }aie.a�n;ea�a '■ipa�;ea 416 east hennepin avenue mimeapolis aa�oos.a 1 -TIT] N ]^■ �a/aa■ Emma 'ri tr . Eef.a■.eseeeae■•eee■ea minnesota 55414 (612)379-4600 September 12, 1978 Mr. Mark Verling Attorney at Law 126 So. Second St. Stillwater, MN 55082 Re: Oak Park Heights - Stillwater Annexation Dear Mark: With the time dela y granted by the Municipal Co mm i ss ion in extending the hearing date on the Stillwater Township - Stillwater Orderly Annexation, it would appear advisable for the City Staff to organize its thoughts as to what our objectives, in terms of accomplishment, are. In the limited amount of time given to review the case and prepare for the anticipated hearing on 7 and 8 September, it appeared to me that the City Staff was not certain as to which direction it was following and which properties were to be secured within the City boundaries. As a result of this situation, it is my recommendation that you organize a meeting of representatives from your office, Mr. Bonestroo's firm as well as Midwest Planning and Ken Heuer, to put together a strategy as to what our objective and plan should be. In view of the fact that Stillwater and Stillwater Township ara now apparently united against the City of Oak Park lifeights, I feel thata concerted effort on the part of Oak Park Heights City Staff is the only hope which we have in deriving a benefit for the community. I would furthermore suggest that the earlier this meeting could be arranged, the better off for all involved. I would believe it unfortunate to wait till the last minute and try to put together our case. In regard to organizing a meeting, or accepting a potential hearing date, I do wish to advise you that I will be on vacation the week of October 2nd as well as the week of October 23rd extending until the 1st of November. Should you desire my personal input into the matter, those dates will have to be scheduled around. • • • • September 12, 1978 page two Please contact me at your convenience on the above referenced matter. Very truly trul yours, Y MIDWEST PLANNING AND RESEARCH INC. David R. Licht, AIP President cc: Ken Heuer Otto Bonestroo Lyle Eckburg (798.02-78.04) mot. t OA-117-3 Stillwater • • BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Gerald J. Isaacs Chairman Robert W. Johnson Vice Chairman Thomas J. Simmons Member Wesley Scheel Ex-Officio Member Millard Axelrod Ex-Officio Member IN THE MATTER OF THE JOINT RESOLUTION OF THE CITY OF STILLWATER AND THE TOWN ) NOTICE OF CONTINUED HEARING OF STILLWATER FOR THE ORDERLY ANNEXATION ) OF CERTAIN LAND TO THE CITY OF STILLWATER) PURSUANT TO MINNESOTA STATUTES 414 ) Notice is hereby given that a continued hearing will be held pursuant to Minnesota Statutes 414, as amended, before the Minnesota Municipal Board in the above-entitled matter. The continued hearing will be held on the 3rd day of November, 1978, in the Commissioner's Room, Washington County Courthouse, Stillwater, Minnesota, commencing 9:00 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 Board. (The rules of the Minnesota Municipal Board may be purchased from the Documents Section, 140 Centennial Building, St. Paul, Minnesota. ) The property proposed, for annexation is described as follows: The Southeast (SE) Quarter of the Southwest (SW) Quarter of Section 33, Township 30, Range 20 West, except the West one-half (2) of the West one-half (2) of the Southeast (SE) Quarter of the Southwest (SW) Quarter of Section 33, Township 30, Range 20 West; and That part of the Northwest (NW) Quarter of the Southwest (SW) Quarter, Section 33, Township 30, Range 20 West being the south 170 feet of the north 270 feet of that part of said quarter-quarter, except the south ten (10) feet of the North 270 feet as described as follows: Beginning at the Southwest (SW) corner of said tract and running thence north along the west line of said tract 822 feet to a point, running thence east at right angles 489 feet more or less to the center line of the traveled road running northerly and southerly across said tract, running thence south • (T' • -2- �. along the center line of said traveled road to the south line of said quarter-quarter-and running then west along the south line of said tract to place of beginning. li After all testimony is complete and the record is closed, the Board will meet from time to time to deliberate, approve and issue its findings and order. Persons desiring to be present at such meetings or conference calls should contact the Board office. Dated this 3rd day of October, 1978 MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul, Minnesota 55101 Patricia D. Lundy Assistant Executive Director OA-117-3 Stillwater BEFORE THE MUNICIPAL ,BOARD OF THE STATE OF MINNESOTA Gerald J. Isaacs Chairman Robert W. Johnson Vice Chairman Thomas J. Simmons Member Wesley Scheel Ex-Officio Member Millard Axelrod Ex-Officio Member IN THE MATTER OF THE JOINT RESOLUTION OF THE CITY OF STILLWATER AND THE TOWN ) NOTICE OF CONTINUED HEARING OF STILLWATER FOR THE ORDERLY ANNEXATION ) OF CERTAIN LAND TO THE CITY OF STILLWATER) PURSUANT TO MINNESOTA STATUTES 414 Notice is hereby given that a continued hearing will be held pursuant to Minnesota Statutes 414, as amended, before the Minnesota Municipal Board in the • above-entitled matter. The continued hearing will be held on the 3rd day of November, 1978, in the Commissioner's Room, Washington County Courthouse, Stillwater, Minnesota, commencing 9:00 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 Board. (The rules of the Minnesota Municipal Board may be purchased from the Documents Section, 140 Centennial Building, St. Paul, Minnesota. ) The property proposed for annexation is described as follows: The Southeast (SE) Quarter of the Southwest (SW) Quarter of Section 33, Township 30, Range 20 West, except the West one-half (2) of the West one-half (1) of the Southeast (SE) Quarter of the Southwest (SW) Quarter of Section 33, Township 30, Range 20 West; and That part of the Northwest (NW) Quarter of the Southwest (SW) Quarter, Section 33, Township 30, Range 20 West being the south 170 feet of the north 270 feet of that part of said quarter-quarter, except the south ten (10) feet of the North 270 feet as described as follows: Beginning at the Southwest (SW) corner of said tract and running thence north along the west line of said tract 822 feet to a point, running thence east at right angles 489 feet more or less to the center line of the traveled road. running northerly and southerly across said tract, running thence south _2- 4111 • along the center line of said traveled road to the south line of said quarter-quarter and running then west along the south line of said tract to place of beginning. After all testimony is complete and the record is closed, the Board will meet from time to time to deliberate, approve and issue its findings and order. Persons desiring to be present at such meetings or conference calls should contact the Board office. Dated this 3rd day of October, 1978 • MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul, Minnesota 55101 '-1-1--"4-44/7) Patricia D. Lundy Assistant Executive Director • • • • 110 <cf? ovvvtAP-" fq LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS 8c WOLFF, P. A. 126 SOUTH SECOND STREET STILLWATER. MINNESOTA 55082 439-2878 LYLE .1. ECKBERG Or COUNSEL: JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT G. BRIGGS October 6, 1978 PAUL A. WOLFF MARK J. VIERLING Mr . Otto G. Bonestroo Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 West Trunk Highway 36 St. Paul, Minnesota 55113 Mr . David Licht Midwest Planning & Research, Inc . 416 East Hennepin Avenue Minneapolis, Minnesota 55414 Ir . Ken Heuer, Clerk City of Oak Park Heights 6141 Panama Avenue North Stillwater, Minnesota 55082 Re: City of Stillwater/Township of Stillwater proposed annexation Gentlemen: We have received notice from the Minnesota Municipal Board that the continued hearing in regard to the above matter will be held on November 3, 1978, in the Commissioner ' s Room of the Washington County Court House at Stillwater, commencing at 9:00 a.m. Please note the date and time and plan to attend.. Yours very truly, Ma k J. erling MJV:kf Midwest • Sri c L - 4 Afx/�� ■■■■■■■■ aResearchE ■. : : :: :+ :: ::;.` urban planning design • market research r■■■■■■�n aiir-111 •••••40.m.. plane' 9 • 9 mu•Uta�i AU°o�R°n�� worn i ± i••••••••••••••••Nutwom■lisis.' 416 east hennepin avenue minieapolis s. � � } mili ■ma 1!m]r]rrtTrAf t■■■■■■■■■■■■■■■1■■a■'■■■■s■■ mmnesota 55414 (612)379-4600 MEMORANDUM TO: Lyle Eckberg Mark Vierling Otto Bonestroo 'Cen Heuer FROM: David R. Licht DATE: 20 October 1978 RE: Oak Park Heights - Stillwater Annexation - 78.06 Attached please find a draft statement and position on the Stillwater/Stillwater Township matter. We have tried to cover all the points raised at our meeting on 9 October, plus add to these where appropriate. Due to a shortage of time, the draft may need additional work. Possibly we could discuss the matter further by phone or, if necessary, through a personal meeting on 2 November when I return from vacation. During my absence, if something further is needed from our office, please contact Steve Ryan or Bob Hill . (798.02) December 5, 1978 *. Otto Bonestroo Bonestroo, Rosene, Anderl ik and Associates 2335 West Highway 36 St. Paul, Minnesota 55113 RE: Oak Park Heights - Stillwater Annexation Area Dear Otto: This letter forwards a copy of the plan which we have prepared for the area west of Oak Park Heights and north of 212 presently within the Stillwater Township jurisdiction, which h proposed for annexation. The plan which has been modified from earlier concepts has been accepted during a brief meeting with the City Council on Monday evening. As yo u are possibly aware, a meeting has been scheduled with the residents of Forest Hills to review the proposed plan. The meeting is set for 8:00 p.m. on 6 December at the Presbyterian Church near the Washington County Court House. Prior to that meeting, i would appreciate receiving any comments or suggestions which you have regarding Ow plan. Sincerely yours, MIDWEST PLANNING AND RESEARCH, INC. David R. Licht, AICP President DRL/nd cc: Ken Heuer Enclosure (798.02 - 78.06) Speed Lettere 4 4 902 N///////////ff I M111 r 11:1411111111 11111111111111111E /1111!fel&11/' II I ,, �` ,/ Speed Letter® Gicf1� To /FAG( OP' ' From 7)Atzi ,( "fie £/6i'1t - S�Ce V4 t 1,(401- /sum (7e od� Subject a/�" � /� Ms.N is fOth MESSAGE Owe PIP'S '/A), /efoickeit. 77Afii "iff AAP, "fix of a/1nt",/,/c s cGvb$o 5-ei ff r/re e XI" d wises re? 1'7f€ ñ " �.r-G L r?se e)s'file ,06Y AJle � 11 Qflr/cc• /+F e/1,4) 4 ix/4( ,•i U kc R Tit 04 Date 1°46 ,* igned • fN I o a 'aw E'S /ter v REPLY No.6FOLO *N U/POLO Date Signed WllsonJones "' E"" f 144 UAL&"'Tr RETAIN WHITE COPY,RETURN PINK COPY • r' Midwest . f P o sears[ ■ ••I...aau eua■•... ■....ael urban anning • design • market research 1 g ...� 'usss 1 fi lalla7o ••••e•MBA•11•��rt••'a'•i••i••••• allot aa$" f lualinnoo aai��l {aaii•11'1a�i■fi(�a��lli11�J0ai.1•�a�•{1a 416 east hennepin avenue minneapolis a•UUU tUU r°1°nn iDimm.Ut..i i minumesaat U i minnesota 55414 (612)379-4600 OAK PARK HEIGHTS STILLWATER TWP ANNEXATION POSITION STATEMENT DRAFT 10/20/78 1 . Area proposed for addition to Oak Park Heights: An "L" shaped tract of land extending along Highway 36th frontage road from the existing City boundary to Oasis Street and north along Oasis to the north boundary line of the school district property. (see attached map #1) 2. Vacant area to north of Market Warehouse not included: A. Area should develop as residential in same charactor as the developed residential area immediately north (Forrest Hills) B. Drainage of this area to the north - not a major consideration in the decision. C. Utility service would be a continuation of existing Stillwater lines. 3. Justification for proposed annexation area: A. Oak Park Heights presently services the properties in the proposed area. The addition to the City would allow collection of deferred assessment fees (Amount ? ) see attached maps #2 & 3 (Otto to expand) B. The continuation of similar land uses from existing Oak Park Heights border to Oasis. C. The Oasis/Highway 36th interchange is a major access point to Summit Hill existing and proposed development within Oak Park Heights. (Median crossing existing at Omaha to Highway 36 possibly to be closed)the City as a consequence, should have control. The City has already been approached by Baytown Township and Washington County to contribute to signalization of the Oasis/ Highway 36 intersection. D. City control of frontage on both sides of Highway 36. (A map could be prepared) Upon the owner's petition, property south of Highway 36 is presently being considered for annexation by ordinance to which Baytown Township has stated it would not object. • 110 Baytown Township has also indicated willingness to discuss annexation on a planned orderly basis. E. City growth capability: Due to public land (DNR Game Management area to the south) the only direction in which the City can expand is to the west. F. Area protection: City is in the process of finalizing its Comprehensive Plan and updated Zoning Ordinance. Notably, the new Zoning Ordinance will provide and require screening on the part of commercial/industrial uses to buffer and protect the residential extension of Forrest Hills. • • 1 (/4 � r a ., .s o x+ I�1c� •. a-Yr; I `rii i kli'll141,OA /� j 60566 J D. 1 I '� `M��.� •Lk rE��' 1 !•// ICE ARE/y I //�//)/ 1 ! \ /////' (LICE ASHA / - ,. ,/LAKE • \ STILLWATER V/// RECREATIOR /w = E. III `/V/� CD.TER) _ TWP. (iII!IIII �I '!'II 1 j / R-4 K ,z:,;I�'�� .�c.. • i .- RESIDENTIAL �!��'�� III ��)�� h/ _ f �IIIIiIi 1.111 j : 1 1 I •I �-I e+.c�wcerraNCSa■izw•Yw■ T iuluiLuiu fo ET-un �' - ) �_ .. M� N wll'wN■N10�■.WI`coRG Lau s_71- IR „..� �� A, .. .. •...m. ■N■ww STI WA TWP. / [7--'-.4'{-T- I••••N.ww ■Nt .■■■■•�...ww■wwN■NNNIiwN■■.....r R_Ii:�..m, t fw NN U.■.w••••N■.wuww■■w■■.INDUSTRIA� RESIDENTIAL .' I , ••.w■w.■■w�� R.aN.w.m.... e gwNN■...�wYw.N■.Nw■N.■.N.NN• A.■.■_—..__- =_ats % fi---3-'- j w..■....w.■■..N. ■...N..N....■wN....N■sfMa,.t_= Cf ck rER. YMPEP 6365 STL�.'�� Nw.w. ./. •wYN.NNw. . "WM. RDT IN CITY Nr-- N■N..N. < - -.■N�■yiiNNi.�■.�i■iw.w•�■L.-... rV i4, q .NwwN■....w.w■• ..wMN■N■..N�...�.Ww.. ¢ - _- 7.:_ - 63R. S ■■ N... NwNNNN = _ ^" di. �/ 1 I.C'II 177 i,_ / • Y :' ;;��m.p.......- A..�....MN.�--- ''. -- 4rir � . totI,! i ! I M NwwNiij „if __r: ��.. `OR.'LW47E [!A/.OS n dI. � �'�••••■ STILLWATER - _ ► ��.i pp inn _ . STILLWATER p T .. TWP. , TWP. INDUSTRIAL a■~I L.B. r. ■ �:._ f�►`�'ViI'�`*��air RTM—F InEnsIMMUMIII6OOTIMMOOEEEE6EEI ----- -- • . rt — _ STILL WATER TWP. IN /iefte4 Pta ed.,cGO . fID Vil STILLWAT Fe, tL ALl.)F� nelG ors R-I . .. . je CA ?" R-2, R-3, R-4 .., f I AMILY C IILY L.B. 600 60C .600 G.B. 90UNDARY i OUNDARY VA I I j T ( Fl� ESTILLWATER, MINNESOTA • ZONING MAP • /pi, 012 • PREPARE,10 d �� RANIyTER AMDT/15lCICt6TE5RSdE 6.-..%a AVy.�• • G�1i1Y.Wlev.n 1,5 1 . ., . 11111i II ,_ , S E i ' �, 5 i W , / { Se W • UI y .111 12. •776' ,2 f r l Goo, 14 17 Ole' ..0 y 5 lill ‘ j11 os E � c % �� { � � _ ■ ,r' 1 ,I z. o 10 ja. II $ a / N ri,' {1 11 ,E N CL 5 W 1 ii ,1 ii '', y'y� W C / ; J = •V 3 0 ad G h N d}/" := i ii I_ 3a , _, _ a� _' i �IG� -.a o - A� C y A.e•v - N • .00ev3a O 2 -��1 L C i _N,' V1Va 2 4- IIL xl V, c r \ -v cr) N O _8 �i C - .� Cl. O a� Q.wig .- • } 4) 0' a :, N1 Gt:F .; ® O C co i N3ro� N il i N r itl a) a. C d 1 u ■ 4 � N C Allbi.�_ i. n lir 1 _ � a a; W t -I TIM I LT]� { _ ■ tE I �j a El 1 O 41 Ei LI] L 1L�]E1 81 1 in. • ` ; IPa 3 i' :` ' -- z° fa e !. ' i ilitit t! . , / , 11 i i i n' .4 ' • i j t • r )j 10 111'6‘ 4S 6" i / Gil i 1 j{y�4y}+}1y /• / 1 0` ii�'■ N I a�� N a 1 ' VO "4111 ,,,,,, i0._ 4,1 woeeae X 0 C N z c ti __ iaoa p-,... :'+" VI i N O ■ swvNaa N -D-11 0 ' ^ � N . N3� IrrMl4 Cii n9 ® / I L L V O N O O C ov- — C ► yO.a 0 N J 0 0. I 1.1 rAlk ',.1 W C : w • I• 0 8 0 - ‘7111F I' z - Y 1 I' Vin ' I d .i.„., ...0 ...■ LI. - ��JU 1 Ne 1i a 3 3 79 December 5, 1978 Mr. Lyle Eckberg Attorney at Law Eckberg, Lammers, Briggs and Wolff 126 South 2nd Street Stillwater, Minnesota 55082 RE: Oak Park Heights - Stillwater Annexation Area Plan Dear Lyle: This letter forwards a copy of the layout which we have prepared for the proposed �Y Stillwater Township Annexation area. We have attempted to modify the Plan based on comments which were received from the City Council some two to three weeks ago. Note should be made that the single family houses at the end of the current street running from Stillwater are on a cul-de-sac which supposedly would take no snow maintenance or street repair from the City of Oak Park Heights. A note to be made, however, is that sewer service is still envisioned to be provided to the north half of the area from the Stillwater facilities. At a brief meeting with the City Council on 4 December, they indicated their agree- ment with the plan as now drawn. Also as you are possibly aware, there is a meeting scheduled for 8:00 p.m. on 6 December with the Forest Hills neighborhood to review our planning concepts. Prior to that time, should you have comments, please contact us accordingly. Sincerely yours, MIDWEST PLANNING AND RESEARCH, INC. David R. Licht, AICP President DRL/nd cc: Ken Heuer Enclosure (798.42 - 78.06) y S 4. III r: j December 9, 1978 Minnesota Municipal Board 165 Metro Square Building St. Paul, Minnesota 55101. Attn: :illiam Neiman, Executive Director Dear Sir: We, the residents of the Forest Hills area of Stillwater, have studied proposed zoning and development plans for the plot of land between Highway 212 and the pre_sent Forest Hills area. It is our joint opinion that the Joint Powers Planning Commission proposal is more acceptable and that this area should be annexed by the City of Stillwater for the following reasons: 1. The proposed plan of the Joint Powers Commission does not alter the streets of the established neighborhood. There is a strong concern that the traffic pattern in the present Forest Hills site is inadequately designed to handle a higher traffic volume. 2. Zoning for limited commercial businesses, such as office buildings, will have less negative impact on adjacent property than high-density multiple family or townhouse developments. 3. An acceptable green belt, surrounding the Forest Hills area, with appropriate plantings, landscaping, and light control is seen as an effective buffer zone between existing single family residences and future structures. 4. The City of Stillwater has shown sound judgement in recent zoning decisions in contrast to a number of Oak Fark Heights developments including the business area on the South Side of Highway 212. 5. The City of Stillwater is more likelt, to plan the area with the input and consideration of Forest Hills residents because we are voting tax payers of the City. 6. Both proposals of the municipalities appear to be inadequately designed for positive development of this tract including; road placement, utility services, and environmental impact. '' e urge your consideration of the above points and would appreciate a decision in keeping with the interests of the residents of this area. F ■ NAT .' • ADDRESS • ;,o,. _,.! :; , D7 s ,e.. v ditie " _.- ( i C-'''6-c_6' • i a . 0 h J l I r J r 1 1 .z•. (f6k/'(`-e41 t, ' . .)4.- kle'.7 — / Ploy,- Je (RA9 , (.. ' , ,6/7 r , r / 7 /c. /& / /(i–G C e - ' . Ato-pt--/ %-r-e;61-7E–,/ .� a C.1 ,\N_ - ,.. k, , \\0, _tc?,, i \N\._,C2- L. kr-_,-42_,1/4..e■ 0-N.‘..NIV4tre 1., ( \6-2 a pad .1 " , 1 ' ;11:1 . / j// ! //M: 717or^/), ,,- r Y7-2/616'nk .\. ea.l. 11- 49/ai--- /‘66 <72)(1--:/iu-i7firie-i2 1) ) lei 1-24-6-61101Z4 ' �l . A,titer✓ J%/ '- /Gl7d -u. /2e ee , ,,,,,,,,,,,,,I_O-74a, /66,g , - ,...„io, , . / , r , ,---- ,/, p i .cam.t .r,..A..9..- ✓ `.446.._' I 4 /60 6- _ .. "7- , /(7,,/ :„.... . .6741./ 4/, - -,ky.t5:::?,;_;_ ,„„... 7 ,_,, / / )et:t.:L.��.�„ l .e- _.-t t' •-.:.lam--vI ,'[� 0:>- ) J C--4_c LA-,-•c,2kG—CC/r7-24-'' �C ,,-i- Lt �-C,U tc t J , OPP --.— 417 ., , ,,/,/, r NAM-, • ADDRESS • • r /v 10 v' 1,02 • . 4/- � As ... ..4 , A ,41.∎... a i A, �1 /J !4 l .- i 4 0 * fl i , 411.44=1141111:4114( -.(-114 6. - , i h . Sit/a it c¢ 7 0 �_ . I f &id/1671i , jjaektha -jZe i212 .47,,,,L.-„zis-- -II \ /, 1.0 3 _ 1 ♦ .• • dir 11 1 /417 ,f t-,./4(... 41w • • 1...ota7 '1...v‘r/ff (7 e) I ai:it.:Air V' 4 s ,0'.- l ,4IZ,.4. " ' Vir 02 -r r / _ . - a - OF' 1�1' S � �, ' -- / _ /co r , . I,i• ; rO.D.A.1> D ,�7 C' S'. 1) ' i t IN ' / , i., _,y/ .:_ad-d67A. ._5 -//. - z21)4ez -7r- / -7 . � 4 . f.rg9 - ie4orit.ve17.8Welez _c A ° i t iv e Ste. --Vo _ w.r. cam - •.,. "1i .• • d �' ,n n(anuru 1503 5o. ' ' , ' ,.7.9-u-,_...kir -4-0--j-..0.)-6 IS-01 Cso 4cuocA/ / Irkilzuc4:0 ei I(/2..-P b Q►a r i' til , ,,-• J . "z(Z- y e } Ae___L--,xx-a_-- Xelt_e_i_e0_,.... 7,I' e_e.,,,e,e_ee, A.,: Ax.2ed.,-.... ' NAFE e ADDRESS . SO-,t5r 9. --' - 7/a aeL - - • -tig.eitn Oj� /f 6- L!/Js-o7► A' 't , 4Z/Vel&A-1, V.124,w-tiOlt& d, 01`-'2 ,-/N-_, 1 (003 d, sr%S . f .) A/ A Wit/, C7 . ltp/) CO, Id e?h, a. „le,'4 1 ' / 'J C9.e.r .%,..);,,,- i t (I,0 41 A,Q; ' 7 S .. 5Tittuvra 1 , ,� !! ... ii.[:. -JAI: _..L.1 * A'L!�.4 I • _ _ . - t ' lfc.6 - I \ 6 ('-' 6. , kAA._, 4, �j / ' ' Ce- '3 CY ' / . iv . ) - 0 Zlie!") 'C 5 c+ r2) e_.-t4. 41,/,10411k 6 - 0/ / AwfiA/L,, A ,, _,/,./_, -; e:Yr _we.4 . ., ./.0.,.4 .10-- .i.f. .. .:", !, illF4.). e . /012 (k�-f-� ' C 7 ' • C. +.... r.- S t o 'Pa a-tzoGw C1-,. Si.i l 1WG_Cir- JLJ 7/0 2 z-&- ASP/� r /r i 4-.I, - �� / / l a r i .57'.e'.57'.e' LL . L /// '& ,Z ist��UZ`` ,_ e► ,�-[ _ �/.& _ / di / I / ,....,,,. .. . „,,,, ..._ - . /.._... I _ if f Nivire „ti. -L) - , 100,) (-44 ---. leo; Ecti44' 6-tAs- c --. CI-Surg---- 1 III (---) I'� -c,,c4„11, , 7,c_d_zs-71,..„ r ,,z_. 6-• 6c,c14,64,-(-' J (vi- - 6-ttactjfai'7 1 i •' . 4 . . NAME • ADDRESS • • --.44,-)r".•-• ./Za-,,,,_...... OreitVvei72/../_,_/ 4. .4e,"---,-,/,e-ce-r-, IL-- 411. • A/ -- 0 _ xf ..,, . .. . , „,„_ .........-c,„.., , 5-7CA,--4...ef.,...„, , \ /iCJ J14, 6 0--1 I /Y, . , - Yet; /(,. -‘,,zd-4 7 e7 4,:d 4. lii.-/ --/". z7 ki•. , • 7 02 , 1 70 / -763 // ,,zet A r: - -Z' t.I U-,'I • Pi 4-e..— , a li & At 19'A A Al rt b II A... ,!...■. 0 1 I , / / • 76/ , Y- -7-272-/&-r--- 4)77, 57-74,-/-4, --z•>7.-_,._,, if A/ • ''-----K.44f 4/-,...,- ,----;,,,,,./ . ../Z ..--/ (-171cele:-( f //, /..2, ./-:-,1/ti:4 L-7-) /i • I. • .. '4-1 ' / ' / l' i,....,, -' Avyji •1. _ \ alb'1,- r <l'-i -4/-- 4 , ji L7 . gi „of WT. Al z- - it- . . . / , Alud . - . -. r. 4....•40-. ,/ _ - ■ - / . f, I / „ ,..4....0_,e,,,,.., :we ' __________ I • • NATO. ADDRESS /6-4 - XZe-E-2-1(ZeiCirtZ0 Midwest • Planning Researchl ■■■11■■■■. LlEICTI M i■■■■■■ ■••■■•••■■•••■■■•••■ • ■SU■■■■U i�ff J■■ a *Oliss• a urban planning design • market research lotams• ' �r.�o� ]�i%ii%i ^ii.i.•• .1.1 pints i 416 east hennepin avenue minneapolis ■■a■■■■■ LJn[]L 7� o,■■■■a ■�e■■ ■i■�■■■■��ru■■■■a • minnesota 55414 (612)379-4600 December 20, 1978 Mr. Bruce A. Folz Bruce A. Folz and Associates 14791 60th Street North Stillwater, Minnesota 55082 RE: Oak Park Heights - Stillwater Township Annexation Area (78.06) and Baytown Annexation Area (78.14) Dear Bruce: Steve Ryan of our office indicated you called with regard to the above referenced areas and the City of Oak Park Heights' plans which have been established should these parcels be annexed. As I believe Steve advised you, a joint powers committee composed of Stillwater and Stillwater Township is also pursuing annexation of the northern area to the City of Stillwater. The Washington County Planning Department should, as a consequence, be consulted for the plans and development patterns which they have offered. In view of the City of Oak Park Heights' interest in this same area, we have also proposed a development scheme. A copy of our proposal is attached. The City of Oak Park Heights is also generally interested in annexing the area south of Highway 212 between the current City limits westerly to County Road 66. Our proposed development plan for this area, as indicated in the attachment from the Comprehensive Plan, is for a mixed uses - apartment/office/low intensity commercial . Once you have had an opportunity to review ours, as well as the County plan, do not hesitate to contact me should you have questions. Note should be made, however, that the City of Oak Park Heights services a majority of the areas in question and related comments should be directed to Otto Bonestroo. Sincerely yours, MIDWEST PLANNING AN' 1 David R. Licht, • ICP President DRL/nd cc: LaVone Wilson, City Clerk Otto Bonestroo, City Engineer Lyle Eckberg, City Attorney (798.02) Midwest Planning! • • Research "ma" a•aa"aaa-waaa ..U. a•aa• i0aa00a• urban planning • design • market research s' ■a••aa■ �a■ ■aaa� soma _ ■ 4aa�•a••• 416 east hennepin avenue minneapolis ■■�a�aa■ -—' a � r ■a�UIJU■ ■-aaaaa■ 1111•5•••••••••• ■a; ■ssisikse. {{■allon l• !as■ ayaaa ms ■•pia{{a.a ■aia aaa r ssu■ ESN ta•iaaaaaia■ ■ ssso1• minnesota 55414 (612)379-4600 September 20, 1979 Mr. Lyle Eckberg, Attorney at Law Eckberg, Lammers, Briggs & Wolff 126 South 2nd Street Stillwater, Minnesota 55082 RE: Oak Park Heights - Stillwater Annexation Dear Lyle: I just encountered the attached information in the weekly newsletter from the Metropolitan Council pertaining to annexation involving Stillwater and Stillwater Township. I am uncertain as to what this involves or what the implications may be for Oak Park Heights. Advise if you wish us to follow-up or if you learn anything. Very truly yours, MIDWEST PLANNING AND RESEARC I . / /APP7411/ i David R. Licht, Al President DRL/nd cc: LaVonne Wilson Otto Bonestroo Enclosure (798.02) Z4" 3 "C) 3 wr •." r" 70• zavn • __ �• Z £ Z .. i ': ;. mmm2 O 300 METRO SQUARE BLDG. iD H m 2a ST. PAUL. MN. 55101 . General Office Telephone (612) 291-6359 o z ' m `� f vim a r _ . _ . . __ - 'v Z z - n 22 C7 I . m -�4 vin r vi c r REVIEW r o _ 4 n^r.i a Metropolitan Council RECD Bulletin for Community Leaders For more information on items 7 mentioned in this publication, call the -4 Public Information Office at 291-6464. September 14, 1979 in• a •ro.osed -n ex. ..• • m • • • ' . - . (4.dro art. 1. or •. - • . •. • MI •• - • . u .' ipal ACTIONS LAST WEEK(September 10-14) ;MA a•op '•cri eria an guidelines or t e deve opment of .- -and-ride facilities in the Region;said it found no conflict METROPOLITAN COUNCIL with a proposed cable television service area in Spring Lake Park- Coon Rapids and regional planning;decided to continue partici- _ In Water Quality Planning, the Council decided to secure in- pation in the ambulance licensing application of North Memorial dependent consultant assistance to assess operating performance Medical Center;and approved comments on proposed Title III at the Metropolitan Wastewater Sewage Treatment Plant and Older Americans Act regulations developed by the Advisory Corn- make recommendations to the Council.The plant,operated by mittee on Aging for presentation to the federal Commissioner on the Metropolitan Waste Control Commission(MWCC),is not Aging. in compliance with its permits. The Council also held a public hearing on its proposed 1980 The Council approved several amendments to the MWCC's work program and budget. Council action on the program and 1979 capital budget to provide for a secondary power source at budget is expected at its next meeting. the Metro Plant,improvements to the Hastings Treatment Plant, and construction of a maintenance and dispatch facility at the COMMITTEES OF THE COUNCIL Seneca Plant. A Spring Park request to acquire a sewer lift station in the The Physical Development Committee said the proposed community as a metropolitan facility was denied because it does Anoka sewer interceptor is consistent with regional plans. The not meet the definition of a"metropolitan"as opposed to a committee also recommended approval of Lino Lakes' interim "local"facility. comprehensive sewer plan. The Council approved a resolution cancelling tax levies for The committee was briefed on issues to be considered during sewer bonds because sewer revenues have been sufficient to meet preparation of a new regional park and open space plan. bond costs for 1980. In Park Planning, the Council approved a $62,200 grant to PUBLIC HEARINGS Carver County to construct a bathhouse at Baylor Regional Park. The Council said acquisition of additional land along the bluff in Metropolitan Health Board-September 26,6 p.m., Minne- Hidden Falls-Crosby Farm Regional Park as proposed by St.Paul apolis Public Library, 300 Nicollet Mall. The subject of the public is consistent with regional planning. It also approved a Ramsey hearing is an application for a three-part certificate of need by County request for$400,000 to acquire mushroom cave property Fairview Community Hospitals to close Lutheran Deaconess as part of Lilydale-Harriet Island Regional Park. Hospital in Minneapolis,renovate and expand Minneapolis Fair- The Council approved a resolution reducing the tax levy to view,and build a new 150-bed hospital and a 64-bed chemical pay debt service on regional park bonds. dependency center in Burnsville. In Housing Planning, the Council said an application by Women's Advocate for 12 one-bedroom Section 8 family units in SPECIAL MEETING ON HOUSING ALLOCATION PLAN St.Paul and an application by the Minneapolis Housing and Re- development Authority for 50 scattered-site single-family units The Human Resources Committee is holding a special public are consistent with regional planning. he Council alto hired meeting on the Council's allocation plan for subsidized housing Midwest Research Institute M'nn to hel• •• . on September 24 at 7 p.m. in the Council offices. • y vlrr►a�••- •T •• The purpose of the meeting is to hear public comments on In Criminal Justice P •nning,•the Council recommended proposed changes in the plan,which the Council is revising for • approval of funding for the Minneapolis Community Crime 1980-1982.Changes involve distribution of housing subsidy Prevention Program, a comprehensive city-wide effort to reduce dollars instead of units,eliminating priority areas.broader dis- crime under a $400,000 LEAA grant.The Council endorsed a tribution in the rural area,and a variety of alternative formulas State Crime Control Planning Board proposal to secure $496,128 for dividing federal subsidized housing funds into categories,and in LEAA funds to expand training related to arson in the state. for distributing funds among Area communities.Two documents The Council recommended that an application by the Center for explain the changes.They are Proposed Changes in the Metro- Urban Encounter for LEAA funds for an anti-crime program for politan Council's Subsidized Housing Allocation Plan, and Esti- elderly and handicapped people be denied. mated Housing Assistance Needs and Program Mix Goals for In other subject areas,the Council: said the proposed Boisclair Metropolitan Area Communities, For copies,call 291-6464. No development in the east bank riverfront area in Minneapolis is charge. consistent with critical area regulations;adopted a position regard- OA-117-3 (Stillwater) BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Thomas J . Simmons Chairman Robert W. Johnson Vice Chairman Robert J . Ferderer Member Wesley Scheel Ex-Officio Member In the Matter of the Joint Resolution • FINDINGS OF FACT, of the City of Stillwater and the Town CONCLUSIONS OF LAW of Stillwater for the Orderly Annexation AND ORDER of Certain Land to the City of Stillwater The above-entitled matter came on for hearing before the • Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended , on April 12 , 1978 , at Stillwater , Minnesota. The hearing was conducted by William Neiman , Executive Director pursuant to Minnesota Statutes 414.01 , Subd . 12 . Also in attendance was County Commissioner Wesley R . Scheel and former Commissioner Millard W. Axelrod . Testimony was heard, and records and exhibitts were received . The hearing was continued from time to time . The City of Stillwater appeared by and through Da.vid.. T . Magnuson, Esquire ; the City of Oak Park Heights appeared by and through Lyle J . Eckberg, Esquire ; and the Township of Stillwater waived any appearance , since the matter was before the Municipal Board on the Joint Resolution • of both the Township of Stillwater and the City of Stillwater. Testimony was served and records and exhibits were received. The hearing was continued from time to time . • After due and careful consideration of all the evidence, together with all he files , recc•rds and p :oco_edi.ng , the Minnesota Municipal Board hereby makes and files the following Findings of Fact , Conclusions c usions of Law and Order. FINDINGS OF FACT • I. That a Joint Resolution for orderly annexation was adopted by the City of Stillwater and the Township of Stillwater. on August 21 , 1975, and duly accepted by the Minnesota Municipal Board. 111 • II. The Resolution was filed by one of the signatories to the Joint Resolution, the City of Stillwater, on February 9 , 1978, requesting annexation of certain portions of the orderly annexation area. The Resolution contained all of the information required by statute, including description of the territory subject to annexation which is as follows : PARCEL A: The Southeast Quarter of the Southwest Quarter of Section Thirty-three (33) , Township Thirty (30) , Range Twenty (20) West, except the West One-Half of the West One-Half of the Southeast Quarter of the Southwest Quarter of Section Thirty- three (33) , Township Thirty (30) , Range Twenty (20) West. PARCEL B: That part of the Northwest Quarter of the Southwest Quarter of Section Thirty-three, Township Thirty, Range Twenty West, being the South 170 feet of the North 270 feet of that part of said Quarter Quarter, except the South 10 feet of the North 270 feet as described as follows : Beginning at the Southwest corner of said tract and thence running North along the West line of said tract 822 feet to a point, running thence East at right angles 489 feet more or less to the centerline of the travelled road running Northerly and Southerly across said tract, running thence South along the centerline of said travelled road to the South line of said Quarter Quarter and running thence West along the South line of said tract to the place of beginning. III. d u e legal notice of the hearing Due, timely and a eq at g g was published, served and filed. IV. Geographic features : a) The area subject to annexation is unincorporated and Parcel A abuts both the City of Stillwater and the City of Oak Park Heights; Parcel B is unincorporated and abuts the City of Stillwater. b) The total area of the City of Stillwater is 3 ,674 acres . The total area of the territory subject to annexation is 38. 6 acres, subject to easement of record. c) The perimeter of the area to be annexed is in regard to Parcel A - 19% bordered by the City of Stillwater, and 25% bordered by the City of Oak Park Heights ; and in regard to Parcel B - the area to be annexed is 100% bordered by the City of Stillwater. d) The natural terrain of the area, including general topography, major watersheds , soil conditions , rivers , lakes and major bluffs is as follows : -2- • 410 There is a relatively flat shelf of Parcel A that is on approximately the same grade as Minnesota State Trunk Highway No. 212 and 36 which borders the South end of Parcel A. The balance of Parcel A contains rolling hills some of which are relatively steep . The natural watershed of the area was tributory directly to the St. Croix River but due to the intervening construction of State Trunk Highway No. 212 and other man-made structures , the property no longer drains directly towards the St. Croix River. The current drainage pattern of the property is to the Northwest into the City of Stillwater, which drainage ultimately enters Brick Pond and Lily Lake within the City of Stillwater. There are no rivers , lakes or major bluffs in the area described in Exhibit A of the petition. The area described in Exhibit B is a relatively narrow parcel of property that compromises both a drainage ditch and a prospective right of way for a future road leading into the Stillwater Industrial Park from County Road 66 otherwise known as Oasis Avenue. Parcel B is unremarkable in geographic conditions . V. Population Data: a) The City of Stillwater in the year 1970 was populated by 10,196 residents. The present estimated population of the City of Stillwater , according to the April, 1979 , estimates provided by the Metropolitan Council is 13 ,480 persons . In 1990, the projected population of the City of Stillwater is 13 , 500. b) In the area subject to annexation prior to 1975 , one dwelling house was located thereon that is now a duplex and it is estimated that seven people resided therein. All other property in the area proposed for annexation is either commercially developed or is vacant and has no population attributable to it . The projected population of the area proposed for annexation does not show any increase and it is contemplated the area will be developed according to its zoning which is commercial. c) In the Township of Stillwater in 1970, there were 990 residents residing therein. The present estimated population of the Township , according to the most recent Metropolitan Council estimate dated April, 1979, is 1,430. By 1990, the projected -3- 411 • • population is 3, 600 persons . VI. Development Issues : a) The pattern of physical development, including land already in use, in the process of being developed and remaining for various uses include the following: 1) Area in Use. (a) Existing Land Use, March, 1979, City of Stillwater: Land Use Type Area in Acres Residential 1, 258 .5 Apartments & Nursing Homes (16 .0) Duplexes (14.0) 3-4 Units (3.9) 1-Family (1, 224. 6) Commercial 34.0 Industrial 53 .4 Utilities 1.3 Railroad 30.0 Schools 161. 9 County 14.2 Federal 1. 2 State 21. 7 City 220.0 Parks (143.7) Semi-Public 159. 6 Public Streets 765. 2 Water Bodies 584.0 Vacant 369 .0 Total Acres 3, 674.0 (b) In the area subject to annexation, 36.80 acres in Parcel A that is partially zoned Limited Business and partially zoned General Business and 1 .8 acres in Parcel B that is currently zoned Two-Family. (c) In the Township of Stillwater, there remains approximately 18 square miles of property that is zoned in a combination of various uses. 2) Area Being Developed. (a) In the City of Stillwater, there is currently 3 acres of residential property, 11 acres of commercial property, and 3 acres of industrial property wherein construction is now underway or about to begin. -4- . (b) In the area subject to annexation, there is no actual construction or construction or development about to begin. (c) There was no evidence presented as to ,the area being developed in the Township of Stillwater. 3) Area Remaining for Various Uses. (a) In the City of Stillwater there is the following area remaining for various uses : (1) Residential - 15 acres . (2) Institutional - 156 acres . (3) Commerical - 100 acres . (4) Industrial - 108 acres. (5) Agricultural - 0 acres . (b) In the area subject to annexation, there are approx- . imately 18 acres remaining undeveloped which is zoned a combination of General and Limited Business in regard to Parcel A and the entire Parcel B remains undeveloped . (c) In the Township of Stillwater there was no evidence presented relative to area remaining for various uses. 4) Transportation. (a) The present transportation network in the City of Stillwater is adequate to serve all municipal needs . The City is bounded on the southern boundary for the most part by Minnesota State Trunk Highway No. 212 and is also served by State Highway No. 95 and State Highway No. 96 . The City of Stillwater is intersected by many county • highways, has an adequate number of collector streets that intersect with these highways to provide municipal residents with adequate 'transportation. (b) In the area subject to annexation in regard to Parcel A, the property is bordered on the South by the northerly service lane of Minnesota State Trunk Highway No. 212 and currently has no through collector streets transecting the parcel. It was recommended by the various planners testifying at the hearing that no North and South streets -5- 411 be extended through Parcel A and that at the most an intersecting Last and West street at some time in the future be located through the geographic center of Parcel A. As far as Parcel B is concerned, the East boundary line of the property is currently the border of Oasis Avenue also known as County Trunk Highway 66 and there was testimony that the entire parcel be at some time in the future might constitute nothing more than the right of way of an East - West street serving the Stillwater Industrial Park, with the balance being used to house a drainage ditch or other storm water drainage facilities . VII. Land Use Controls and Planning, Including Comprehensive Plans in the City and the Area Subject to Annexation: a) The City of Stillwater currently has in effect, zoning and subdivision regulations and submitted as evidence at the hearing, the official map of the City. There was evidence that the City of Stillwater employs a Building Inspector, has adopted the Uniform Building Code, has a full time Public Safety Director which position has the supervisory capability over both the Police Department and the Fire Department. The City of Stillwater has a full time Fire Department that is complemented by volunteer help and a Police Department that has both full time and reserve capabilities . Testimony indicated that the zoning and subdivision controls along with the Fire Department, Police Department, Building Inspector and Planning Commission provide adequate municipal services to the City of Stillwater and are capable of providing the area proposed for annexation with the same services. b) There was no evidence presented by the Township of Stillwater relative to zoning and subdivision controls , the comprehensive plan, and official map or a capital improvements program. No evidence was submitted as to a Building Inspector or any other municipal services. c) In the area subject to annexation, evidence was presented that the area is administered by the Joint Powers Committee which was initiated by the Orderly Annexation Agreement facilitating this present -6- • annexation. The Joint Powers Committee initiated in 1975 and subsequently ratified by an act of the Legislature provides for zoning and land use controls within the entire Joint Powers Area, which constitutes the southern one-half of the area designated for orderly annexation. Currently adopted by the Joint Powers Committee has been the Washington County Model Subdivision Code together with the Washington County Model Zoning Ordinances and other ordinances contained in the Washington County Development Code. There was evidence presented that the Washington County Planning and Zoning Department currently administrates subdivision and zoning matters within the area proposed for annexation and that if the annexation were allowed to the City of Stillwater, the same ordinance , subdivision controls and General Development Guide would apply to the area since it is part of the Joint Powers Area and administered by the Joint Powers Committee whether it is in the City of Stillwater or the Township of Stillwater. Evidence was presented that the Joint Powers Committee is currently in the process of preparing a Comprehensive Plan for the area and that there is no inconsistency between any proposed development for the area and the planning and land use controls that are now in effect. The planning and land use controls would remain the same at least until the year 1985 when the Joint Powers Agreement and Orderly Annexation Agreement expire according to its terms . VIII. Governmental Services : a) There was no evidence presented relative to governmental services provided to the area subject to annexation by the Township of Stillwater. b) The City of Stillwater currently provides its residents with the following services : 1) There is a complete municipal water department, is operated independently but still is a branch of the municipal government of the City of Stillwater. 2) The City of Stillwater is also the owner of laterals and interceptors providing complete sanitary sewer service and storm sewer service to the people of the City of Stillwater. The laterals and interceptors owned by the City empty into -7- 410 • a Metropolitan Waste Control Commission Sewer Plant located in the City of Stillwater. The sewer plant was constructed by the City of Stillwater in 1959 and has subsequently been expanded and its capacity increased and acquired by the Metropolitan Waste Control Commission. 3) The City of Stillwater also has a Class 5 Fire Rating, including a Fire Department that is comprised of full time and part time help, with two men on duty 24 hours a day. The reserve capacity of the Fire Department is complemented by approximately 30 volunteers . The Fire Department has 4 pumpers, a ladder truck, a rescue truck, a tanker truck and pickup trucks for the handling of small grass fires . 4) The Police Department of the City of Stillwater is comprised of 14 full time policemen along with 12 part time officers . The Police Department has five marked squad cars and two unmarked cars and is connected to the Washington County Emergency Communications System which is a central clearing house for radio messages operated by the Washington County Sheriff' s Office. 5) There is a regular street improvement plan for the City of Stillwater wherein streets are sealcoated on a regular basis and needed improvements are made according to a street maintenance and improvement plan. 6) Recreational facilities of the City of Stillwater include many and varied parks including Lowell Park adjacent to the St. Croix River in Downtown Stillwater and Pioneer Park located on the North Hill of Stillwater; a large ice arena which provides indoor ice facilities to various hockey teams and figure skating groups throughout the Washington County area. 7) A public library is provided by the City of Stillwater which recently has undergone a large renovation to provide library facilities to the people of the City. -8- • • 3) Additional administrative services are provided in the City Hall of the City of Stillwater which houses a number of offices , including the financial center of the City and the City Clerk' s Office. c) The City of Stillwater currently provides the area subject to annexation with fire protection and police protection and the City of Oak Park Heights currently provides portions of the Parcel A adjacent to the frontage road with sewer and water facilities. Parcel B, however, is provided with the full range of municipal services from of Stillwater. ce rom the City o t llwater. In regard to Parcel A, the evidence indicated that the City of Stillwater is capable of providing the full range of municipal services to Parcel A, including fire protection, police protection, street improvement, street maintenance, administrative services , library, recreational facilities and in addition, could provide the area proposed for annexation, both Parcel A and Parcel B that is not already provided with municipal sewer and water facilities with sewer and water facilities . Engineering testimony indicated that the balance of Parcel A that is not already provided with sewer and water facilities from the City of Oak Park Heights could be feasibly sewered through existing sewer facilities in the City of Stillwater to the Northwest of the property proposed for annexation with the construction of an additional lift station and that this manner of providing municipal sewer services to the area proposed for annexation is reasonable. d) There appeared to be no existing or potential environmental problems relative to the land proposed for annexation. e) The plans and programs of the annexing municipality to provide needed governmental service for the area proposed for • annexation include: 1) Plans to continue providing both police and fire protection to the property proposed for annexation, in addition to plans for providing for the recreational and administrative needs of any residents of the area proposed for annexation, including providing any needed street improvements or street maintenance and the capability of furnishing the remaining area in both parcels proposed for annexation with sewer and water services . -9- • Ix. Tax Base : a) In the City of Stillwater the tax base includes the following: 1) Residential property assessed in 1978 payable in 1979 , was assessed at $27 ,482, 754.00. 2) Commercial property assessed in 1978 payable in 1979, was assessed at $4, 216,303.00. 3) Industrial property assessed in 1978 payable in 1979 , was assessed at $314, 562 .00. 4) Agricultural property assessed in 1978 payable in 1979 , was assessed at $81, 022.00. 5) Vacant land assessed in 1978 payable in 1979, was assessed at $62, 184. 00. 6) Non-taxable property, including institutional use, was last assessed in 1974 and has an assessed value of $11 ,456,203.00. b) In the Township of Stillwater the tax base includes the following: 1) Residential property assessed in 1978 payable in 1979 , was assessed at $4, 597 , 513.00. 2) Commercial property assessed in 1978 payable in 1979 , was assessed at $290, 661.00. 3) There was no industrial property located in the Township and therefore, it was assessed at zero. 4) Agricultural property assessed in 1978 payable in 1979 , was assessed at $1, 338 ,488. 00. 5) Non-taxable property, including institutional use, was last assessed in 1974 at $677 ,928. 00. c) In the area subject to annexation, assessed in £978 payable in 1979 , the tax base includes the following: Property Number Assessed Value 95033-2010 $ 36, 685 95033-2030 138,443 95033-2055 22, 081 95033-2060 11,308 95033-2820 4, 825 95033-2825 473 95033-2000 2,129. TOTAL: 215 , 944 -10- • X. Tax Data: a) Mill Rate Trends : Payable 1976 Payable 1977 Payable 1978 Payable 1979 City of Stillwater Urban 23.24 Urban 24.80 Urban 32.45 Urban 31.44 Rural 4.74 Rural 7.51 Rural 11.50 Rural 10.71 Annex 11.23 Annex 17.32 Annex 21.42 Annex 12.31 Annex 16.42 Stillwater Township 7.26 7.58 7.28 6.40 School District 834 59.40 59.93 58.09 54.24 Washington County City 24.85 City 23.82 City 23.08 City 23.92 Township 26.08 1kanshp 25.15 Tk,mshp 24.50 Twnshp 25.32 b) Bonded Indebtedness : 1) City of Stillwater - $5 ,439,000 outstanding on the year ended December 31, 1978 . 2) Township of Stillwater - $101, 000 outstanding on the year ended December 31, 1978 . XI. The City will bear increased costs as the result of this annexation. These costs have been experienced since 1975 and will continue in all of the areas designated for orderly annexation since incidental to the agreement, the City of Stillwater and the Township of Stillwater agreed to provide full police protection and fire protection to the area for $1. 00 per year. In addition, the entire administrative and governmental functions of the City of Stillwater will be needed to provide services to this area even though only a portion of the tax attributable to the area will be returned to the City in each year and the full tax generated by the area subject to annexation will not be returned to the City until five years from the date of this Order. In spite of the sharing of taxes as aforesaid, the City of Stillwater is required to provide the full gamut of municipal services to the area. XII. The City of Oak Park Heights was allowed to participate in this hearing and allowed to submit evidence in regard to development issues in the City of Oak Park Heights , the area in use in the City of Oak Park Heights , area being developed, and the area remaining for various uses . Evidence was also presented by Oak Park Heights in regard to transportation issues, land use controls , planning and comprehensive plans for the area proposed for annexation. Oak Park -11- . • v Heights presented evidence as to governmental services that they allege were available, including water, sewer, fire protection, street improvements and maintenance , recreational and other administrative services . Annexation to the City of Stillwater, however, is the best alternative for the following reasons : a) The area proposed for annexation is part of an area being designated for in need of orderly annexation to the City of Stillwater and is currently and has been planned by the Joint Powers Committee, comprised on representatives of the City of Stillwater and the Township of Stillwater and the County of Washington. The area proposed for annexation has been studied and planned for the eventual inclusion into the City of Stillwater. b) The area proposed for annexation is part of a logical planning area that includes the City of Stillwater and the area proposed for annexation, since State Trunk Highway No. 212 is a prominent physical barrier that separates the City of Oak Park Heights from the City of Stillwater. This is a much more natural logical boundary between the City of Stillwater and the City of Oak Park Heights and would allow the City of Stillwater to develop a park strip on the North end of the property proposed for annexation in order to buffer development on the property proposed for annexation from the residential district located adjacent and to the North of the property proposed for annexation and in the City of Stillwater. c) The plan of the City of Stillwater reveals that traffic would not be routed from the area proposed for annexation through an existing street in the City of Stillwater but would rather be coordinated from on an East to West basis . d) State Trunk Highway No. 212, a four-lane divided highway, that separates most of the City of Oak Park Heights from the area proposed for annexation is owned by the state of Minnesota and local cooperation is not needed for its maintenance. It is like a river that flows between the area designated for orderly annexation and the City of Oak Park Heights . The barrier allows for the easy -12- 110 410 identification of community and municipal services and the annexation of the property proposed to the City of Stillwater would assist in the smooth flow of municipal services based on easy municipal identification. e) Annexation of the property proposed for annexation would provide the City of Stillwater with additional needed commercial and industrial tax base , which they will be able to service with sewer, water and other governmental services . f) The area abuts on a residential area in the City of Stillwater and would allow for one government to plan for the clash in uses between the property proposed for annexation and the residential area to the North. It would be in the best interests of all areas involved that the parties affected in the residential area to the North of the property proposed for annexation be given the opportunity to be a part of the same government that handles the development issues and the property proposed for annexation. g) The City of Stillwater has a Fire Department with full time staff. The City of Oak Park Heights has no Fire Department and must contract with the City of Bayport for protection. Stillwater has a fire rating of 5 and Oak Park Heights has a fire rating of 6. h) The City of Stillwater will be called upon to handle storm drainage for commercial development within the annexation area and therefore, it should have control over zoning and land use within the area. The visual development of the area, including acquisition and dedication of a park strip on the North end of the property proposed for annexation could be better accomplished by the City of Stillwater. i) The Township of Stillwater is unable to deliver the full range of municipal services to the property proposed for annexation. j) All necessary governmental services can best be provided to both parcels proposed for annexation by annexation to the City of Stillwater rather than to any other community. k) The present assessed valuation of the Township of Stillwater is $6,289 , 366. 00. The present assessed valuation of the property proposed for annexation is $215 , 944, 00. The new assessed valuation -13- 4 r of the Township of Stillwater, if the entire area is annexed, is $6,073,422. 00. 1) The Township of Stillwater can continue to function without the area subject to annexation and the area could not be incorporated separately or combined with any other governmental unit. XIII. The annexation is consistent with the Joint Powers Agreement referred to herein variously as the Joint Resolution for Orderly Annexation by and between the City and Township of Stillwater. ,. CONCLUSIONS OF LAW I. The Minnesota Municipal Board duly acquired and now has jurisdiction of the within proceeding. II. The area subject to annexation is now or is about to become urban or suburban in nature and the City of Stillwater is capable of providing services required by the area within a reasonable time. III. The existing Township form of government is not adequate to protect the public health, safety, and welfare. IV. The annexation would be in the best interests of the area proposed for annexation. V. The. annexation does not conflict with terms of the Joint Powers Agreement. VI. Because of potential increased costs, the City of Stillwater may qualify for a special levy. VIII . That the Orderly Annexation Agreement between the City of Stillwater and Township of Stillwater prevails over any claim upon the annexation agreement by the City of Oak Park Heights . IX. An Order should be issued by the Minnesota Municipal Board annexing the area described herein . -14- 411 1110 • ORDER_ i e r ' I. IT IS HEREBY ORDERED, that the property described bed herein situated in the County of Washington, State of Minnesota, be and hereby is annexed to the City of Stillwater, Minnesota, the same as if it had been originally made a part thereof. II. IT IS FURTHER ORDERED, that the assets and obligations of the Township of Stillwater and the City of Stillwater being subject to the P rovisions of Minnesota Statutes 414. 067 , are apportioned as follows : That the City of Stillwater will assume none of the bonded indebtedness of the Township of Stillwater and the Township of Stillwater will assume none of the bonded indebtedness of the City of Stillwater; and that real estate taxes generated from the property proposed for annexation shall be shared between the Township of Stillwater and the City of Stillwater according to the terms of the Orderly Annexation Agreement referred to herein. I II IT IS FURTHER ORDERED, that th e population of the City of I Stillwater has not increased by reason of this annexation and that the population of the Township of Stillwater has not decreased for all purposes until the next federal census. IV. IT IS HEREBY ORDERED, that the Minnesota Municipal Board hereby retains jurisdiction for the purpose of allowing a special levy pursuant nt a to Minnesota Statutes 414. 01 , Subd. 15. V. IT IS FURTHER ORDERED, that the mill levy of the City of Stillwater on the property herein ordered annexed shall be increased in substantially equal proportions over a period five years to equality with the mill levy of the property already within the City. VI. IT IS FURTHER ORDERED, that the effective date of this Order is on the date of its execution by the Minnesota Municipal Board. Dated this day of Q( 1�JL , 1979 , MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St .. Paul , Minnesota `5101 a. /flth Terrence A . Merritt Executive Director _15- k,d44) • OA-117--3 (Stillwater) BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Thomas J . Simmons Chairman Robert W. Johnson Vice Chairman Robert J . Ferderer Member Wesley Scheel Ex-Officio Member AMENDED In the Matter of the Joint Resolution FINDINGS OF FACT, of the City of Stillwater and the Town CONCLUSIONS OF LAW of Stillwater for the Orderly Annexation AND ORDER of Certain Land to the City of Stillwater The above-entitled matter came o n for hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended , on April 12 ; 1978 , at Stillwater, Minnesota. The • W llianf Neiman hearing was conducted by i Neiman , Executive Director pursuant to Minnesota Statutes 414 .01 , Subd. 12 . Also in attendance was County Commissioner Wesley R. Scheel and former Commissioner Millard W. Axelrod . Testimony was heard , and records and exhibitts were received. The hearing was continued from time to time . The City of Stillwater appeared by and through David T . Magnuson , Esquire ; the City of Oak Park Heights appeared by and through Lyle J . Eckberg, Esquire ; and the Township of Stillwater waived any appearance , since the matter was before the Municipal Board on the Joint Resolution • of both the Township of Stillwater and the City of Stillwater. testimony was served and records and exhibits were received. The hearing was continued from time to time . • • After due and careful consideration of all the evidence, together with all the files , records and proceedings , the Minnesota Municipal Board hereby makes and files the following Findings of Fact , Conclusions of Law and Order. FINDINGS OF FACT I• That a Joint Resolution for orderly annexation was adopted by the City of Stillwater and the Township of Stillwater on. August 21 , 1975 , and duly accepted by the Minnesota Municipal Board. • • • II . The Resolution was filed by one of the signatories to the Joint Resolution, the City of Stillwater, on February 9 , 1978, requesting annexation of certain portions of the orderly annexation area. The Resolution contained all of the information required by statute, including description of the territory subject to annexation which is as follows : PARCEL A: The Southeast Quarter of the Southwest Quarter of Section II' Thirty-three (33) , Township Thirty (30) , Range Twenty (20) I!_ West, except the West One--Half of the West One-Half of the Southeast Quarter of the Southwest Quarter of Section Thirty- three (33) , Township Thirty (30) , Range Twenty (20) West. PARCEL B: That part of the Northwest Quarter of the Southwest Quarter of Section Thirty-three, Township Thirty, Range Twenty West, being the South 170 feet of the North 270 feet of that part of said Quarter Quarter, except the South 10 feet of the North 270 feet as described as follows : Beginning at the Southwest corner of said tract and thence running North along the West line of said tract 822 feet to thence East at right an a point, running th angles 489 feet more g & P or less travelled road running Northerly to the centerline of the travelled and Southerly across said tract, running thence South along the centerline of said travelled road to the South line of said Quarter Quarter and running thence West along the South line of said tract to the pla ce of beginning. III . Due, timely and adequate legal notice of the hearing was published, served and filed. IV. Geographic features : a) The area subject to annexation is unincorporated and Parcel A abuts both the City of Stillwater and the City of Oak Park Heights ; Parcel B is unincorporated and abuts the City of Stillwater. b) The total area of the City of Stillwater is 3 , 674 acres . . The total area of the territory subject to annexation is 38. 6 acres , subject to easement of record. c) The perimeter of the area to be annexed is in regard to City of Stillwater, and 25% bordered • Parcel A - 19/a bordered by the i y , by the City o g f Oak Park Heights ; and in regard to Parcel B - the area to be annexed is 100% bordered by the City of Stillwater, d) The natural terrain of the area, including general topography, major watersheds , soil conditions , rivers , lakes and major bluffs is as follows : • -2- 411 411 There is a relatively flat shelf of Parcel A that is on approximately the same grade as Minnesota State Trunk Highway No. 212 and. 36 which borders the South end of Parcel A. The balance of Parcel A contains rolling hills some of which are relatively steep . The natural watershed of the area was tributory directly to the St . Croix River but due to the intervening construction of State Trunk Highway No. 212 and other man-made structures , the property no longer drains directly towards the St. Croix River. The current drainage pattern of the property is to the Northwest into the City of Stillwater , which drainage ultimately enters Brick Pond and Lily Lake within the City of Stillwater. There are no rivers , lakes or major bluffs in the . area described in Exhibit A of the petition. The area described in Exhibit B is a relatively narrow4parcel of property that compromises both a drainage ditch and a prospective right of way for a future road leading into the Stillwater Industrial Park from County Road 66 otherwise known as Oasis Avenue. Parcel B is unremarkable in geographic conditions . V. Population Data: a) The City of Stillwater in the year 1970 was populated by 10,196 residents . The present estimated population of the City of Stillwater , according to the April, 1979 , estimates provided by the Metropolitan Council is 13 ,480 perccns . In 1990, the projected population of the City of Stillwater is 13 , 500. b) In the area subject to annexation prior to 1975 , one dwelling house was located thereon that is now a duplex and it is estimated that seven people resided therein. All other property in the area proposed . for annexation is either commercially developed or is vacant and has no population attributable to it . The projected population of the area proposed for annexation does not show any increase and it is contemplated the area will be developed according to its zoning which is commercial. c) In the Township of Stillwater in 1970, there were 990 residents residing therein. The present estimated Population of the Township , according to the most recent Metropolitan Council • estimate dated April , 3.979 , is 1 ,430. By 1990, the projected -3- • . population is 3 , 600 persons . VT. Development Issues : • a) The pattern of physical development; including land already in use, in the process of being developed and remaining for various uses include the following: • 1) Area in Use. (a) Existing Land Use, March, 1979, City of Stillwater: Land Use Type Area in Acres Residential 1, 258. 5 Apartments & Nursing Homes (16 .0) Duplexes (14.0) 3-4 Units (3 .9) 1-Family (1 , 2.24. 6) • Commercial 34.0 Industrial 53 .4 Utilities 1.3 • Railroad 30.0 Schools 161.9 County 14.2 Federal 1.2 State 21.7 City 220.0 Parks (143. 7) Semi-Public 159. 6 Public Streets 765. 2 Water Bodies 584.0 Vacant 369 .0 fota1 Acres 3, 674.0 (b) In the area- subject to annexation, 36.80 acres in Parce'_ A that is partially zoned Limited Business and partially zoned General Business and 1 .8 acres in Parcel B that is currently zoned Two-Family. c In the Township of Stillwater, there remains ( ) P approximately 18 square miles of property that is zoned in a combination of various uses . 2) Area Being Developed. (a) In the City of Stillwater, there is currently 3 acres of residential property, 11 acres of commercial property, and 3 acres of industrial property wherein construction is now underway or about to begin. -4- !II 110 (b) In the area subject to annexation, there is no actual construction or construction or development about to begin. (c) There was no evidence presented as to '.the area being developed in the Township of Stillwater. 3) Area Remaining for Various Uses . (a) In the City of Stillwater there is the following area remaining for various uses : (1) Residential - 15 acres . (2) Institutional - 156 acres . (3) Commerical -- 100 acres . (4) Industrial - 108 acres . (5) Agricultural - 0 acres . (b) In the area subject to annexation, there are approx- . • imately 18 acres remaining undeveloped which is zoned a combination of General and Limited Business in regard to Parcel A and the entire Parcel B remains undeveloped . (c) In the Township of Stillwater there was no evidence presented relative to area remaining for various uses . 4) ' . Transportation. (a) The present transportation network in the City of Stillwater is adequate to serve all municipal needs . The City is bounded on the southern boundary for the most part by Minnesota State Trunk Highway No . 212 and is also served by State Highway No. 95 and State Highway No. 96 . • The City of Stillwater is intersected by many county highways , has an adequate number of collector streets that intersect with these highways to provide municipal residents with adequate transportation. (b) In the area subject to annexation in regard to Parcel A, the property is bordered on the South by the northerly service lane of Minnesota State Trunk Highway No. 212 and currently- has no through collector streets transecting the parcel. It was recommended by the various planners testifying at the hearing that no North and South streets . -5- • S be extended through .Parcel A and that at the most an ' intersecting East and West street At some time in tt}1e future he located through the geographic center of Parcel A. As far as Parcel B is concerned, the East boundary line of the property is currently the border of Oasis Avenue also known as County Trunk Highway 66 and there was testimony that the entire parcel be at some time in the future might constitute nothing more than the right of • way of an East - West street serving the Stillwater Industrial Park, with the balance being used to house a drainage ditch or other storm water drainage facilities . ' a VII. Land Use Controls and Planning, Including Comprehensive Plans in the City and the Area Subject to •Annexation: a) The City of Stillwater currently has in effect, zoning and subdivision regulations and submitted as evidence at the hearing, the official map of the City. There was evidence that the City of Stillwater employs a Building Inspector, has adopted the Uniform Building Code, has a full time Public Safety Director which position has the supervisory capability over both the Police Department and the Fire Department. The City of Stillwater has a full time Fire Department that is complemented by volunteer' help and a Police Department that has both full time and reserve capabilities . Testimony indicated that the zoning and subdivision controls along with the Fire Department, Police Department, Building Inspector and Planning Commission provide adequate municipal services to the City of Stillwater and are capable of providing the area proposed for annexation with the same services . b) There was no evidence presented by the Township of Stillwater relative to zoning and subdivision controls , the comprehensive plan, and official map or a capital improvements program. No evidence was submitted as to a Building Inspector or any other municipal services. c) In the area subject to annexation, evidence was presented that the area is administered by the Joint Powers Committee which was initiated by the Orderly Annexation Agreement facilitating this present -6- I annexation. The Joint Powers Committee initiated in 1975 and subsequently ratified by an act of the Legislature provides for zoning and land use controls within the entire Joint Powers Area, which constitutes the southern one-half of the area designated for orderly annexation. Currently adopted by the Joint Powers Committee has been the Washington County Model Subdivision Code together with the Washington County Model Zoning Ordinances and other ordinances contained in the Washington County Development Code. There was evidence presented that the Washington County Planning and Zoning Department currently administrates subdivision and zoning matters within the area proposed for annexation and that if the annexation were allowed to the City of Stillwater, the same ordinance, subdivision controls and General Development Guide would apply to the area since • 4 it is part of the Joint Powers Area and administered by the Joint Powers Committee whether it is in the City of Stillwater or the Township of Stillwater. Evidence was presented that the Joint Powers Committee is currently in the process of preparing a Comprehensive Plan for the area and that there is no inconsistency between any proposed development for the area and the planning and land use controls that are now in effect. The planning and land use controls would remain the same at least until the year 1985 when the Joint ' Powers Agreement and Orderly Annexation Agreement expire according to its terms. VIII, Governmental Services : a) There was no evidence presented relative to governmental services provided to the area subject to annexation by the Township of Stillwater. b) The City of Stillwater currentl y provides its residents with the following services : 1) There is a complete municipal water department, that is operated independently but still is a branch of the municipal government of the City of Stillwater. 2) The City of Stillwater is also the oinzer of laterals and interceptors providing complete sanitary sewer service and storm sewer service to the people of the City of Stillwater. The laterals and interceptors owned by the City empty into -7" 411 a Metropolitan Waste Control Commission Sewer Plant located in the City of Stillwater. The sewer plant was eonstr.°ucted by the City of Stillwater in 1959 and has subsequently been expanded and its capacity increased and acquired by the Metropolitan Waste Control Commission. 3) The City of Stillwater also has a Class 5 Fire Rating, including a Fire Department that is comprised of full time and part time help, with two men on duty 24 hours a day. The reserve capacity of the Fire Department is complemented by approximately 30 volunteers . The Fire Department has 4 pumpers , a ladder truck, a rescue truck, a tanker truck and pickup trucks for the handling of small grass fires . 4) The Police Department of the City of Stillwater is comprised of 14 full time policemen along with 12 part time officers . The Police Department has five marked squad cars and two • unmarked cars and is connected to the Washington County Emergency Communications System which is a central clearing house for radio messages operated by the Washington County Sheriff' s Office. 5) There is a regular street improvement plan for the City of Stillwater wherein streets are sealcoated on a regular basis and needed improvements are made according to a street maintenance and improvement plan. 6) Recreational facilities of the City of Stillwater include many and varied parks including Lowell Park adjacent to the St. Croix River in Downtown Stillwater and Pioneer Park located on the North Hill of St-illwater; a large ice arena which provides indoor ice facilities to various hockey teams and figure skating groups throughout the Washington County area. 7) A public library is provided by the City of Stillwater which recently has undergone a large renovation to provide library facilities to the people of the City. -8- . • 411 8) Additional administrative services are provided in the City Hall of the City of Stillwater which houses a number of offices , including the financial center of the City and the City Clerk' s Office. • c) The City of Stillwater currently provides the area subject to annexation with fire protection and police protection and the City of Oak Park Heights currently provides portions of the Parcel A adjacent to the frontage road with sewer and water facilities . Parcel B, however, is provided with the full range of municipal services from the City of Stillwater. In regard to Parcel A, the evidence indicated that the City of Stillwater is capable of providing the full range of municipal services to Parcel A, including fire protection, police protection, street improvement, street maintenance, jadministrative services , library, recreational facilities and in addition, could provide the area proposed for annexation, both Parcel A and Parcel B that is not already provided with municipal sewer and water facilities with sewer and water facilities . Engineering testimony indicated that the balance of Parcel A that is not already provided with sewer and water facilities from the City of Oak Park Heights could be feasibly sewered through existing sewer facilities in the City of Stillwater to the Northwest of the property proposed for annexation with the construction of an additional lift station and that this manner of providing municipal sewer services to the area proposed for annexation is reasonable. d) There appeared to be no existing or potential environmental problems relative to the land proposed for annexation. e) The plans and programs of the annexing municipality to provide needed governmental service for the area proposed for annexation include: 1) Plans to continue providing both police and fire protection to the property proposed for annexation, in addition to plans for providing for the recreational and administrative needs of any residents of the area proposed for annexation, including providing any needed street improvements or street maintenance and the capability of furnishing the remaining ErCn il both parcels proposed for annexation with sewer and water services . _g.. • S Ix. Tax Base : a) In the City of Stillwater the tax base includes the following: 1) Residential property assessed in 1978 payable in 1979 , was assessed at $27 ,482,754.00. 1978 payable in 1979, Commercial property assessed in 197 y 2) P p was assessed at $4, 216,303.00, 3) Industrial property assessed in 1978 payable in 1979 , was assessed at $314,562 .00. I ' 4) Agricultural property assessed in 1978 payable in 1979, was assessed at $81, 022.00. 5) Vacant land assessed in • 1978 payable in 1979, was assessed at $62 , 184.00. 6) Non-taxable property, including institutional use, was last assessed in 1974 and has an assessed value of $11,456, 203 .00. I . b) In the Township of Stillwater the tax base includes the : f llowin o g 1) Residential property assessed in 1978 payable in 1979, $4 597 513 .00. was assessed at , 2) Commercial property assessed in 1978 payable in 1979 , was assessed at $290, 661.00. 3) There was no industrial property located in the Township and therefore, it was assessed at zero . 4) Agricultural property assessed in 1978 payable in 1979 , • 338 was assessed at $1 , 338 ,488. 00. 5) Non-taxable property, including institutional use, was last assessed in 1974 at $677 , 928 . 00. c) In the area subject to annexation, assessed in 1978 payable in 1979 , the tax base includes the following: Property Number Assessed Value 95033-2010 36, 685 38,4 95033-2030 138,443 95033-2055 11 , 308 95033-2060 95033-2820 4,825 473 95033-2825 2 ,129 95033-2000 TOTAL: 215 , 944 -10- X. Tax Data : a) Mill Rate Trends : • Payable 1976 Payable 1977. Payable 1978 Payable 1979 City of Stillwater Urban 23.24 Ubn 24�B5 Urban 32.45 Urban 31.44 Rural 4.74 Rural 7.51 Rural 11.50 Rural 10.71 Annex 11.23 Annex 17.32 Annex 21.42 Annex 12.31 Annex 16.42 • Stillwater Township 7.26 7.58 7.28 6.40 School District 834 59.40 59.93 58.09 54.24 Washington County City 24.85 City 23.82 City 23.03 City 23.92 Township 26.08 rl'wnshp 25.15 Twnshp 24.50 Itanshp 25.32 b) Bonded Indebtedness : 1) City of Stillwater - $5 ,439 , 000 outstanding on the year ended December 31, 1978 . 2) Township of Stillwater - $101 , 000 outstanding on the year ended December 31, 1978 . ,XI. The City will bear increased costs as the result of this annexation. These costs have been experienced since 1975 and will continue in all of the areas designated for orderly annexation since incidental to the agreement , the City of Stillwater and the Township of Stillwater agreed to provide full police protection and fire protection to the area for $1. 00 per year. In addition, the entire administrative and governmental functions of the City of Stillwater will be needed to provide services to this area even though only a portion of the tax attributable to the area will be returned to the City in each year and the full tax generated by the area subject to annexation will not be returned to the City until five years from the date of this Order. In spite of the sharing of taxes as aforesaid, the City of Stillwater is required to provide the full gamut of municipal services to the area. XI I. The City of Oak Park Heights was allowed to participate in this hearing and allowed to submit evidence in regard to development issues in the City of Oak Park Heights , the a::-L,a in use in the City of Oak Park Heights , area being developed, and the area remaining for various uses . Evidence was also presented by .Oak Park heights in regard to transportation issues , land use conti:ols , planning and comprehensive plans for the area proposed for annexation. Oak Park -11- • Heights presented evidence as to gover'nmental services that they allege were available, including water, sewer, fire protection, street improvements and maintenance , recreational and other administrative services. Annexation to the City of Stillwater, however, is the best alternative for the following reasons : a) The area proposed for annexation is part of an area being designated for in need of orderly annexation to the City of Stillwater and is currently and has been planned by the Joint Powers Committee, comprised on representatives of the City of Stillwater and the Township of Stillwater and the County of Washington. The area proposed for annexation has been studied and planned for the eventual inclusion into the City of Stillwater. b) The area proposed for annexation is part of a logical planning area that includes the City of Stillwater and the area proposed for annexation, since State Trunk Highway No . 212 is a prominent physical barrier that separates the City of Oak Park Heights from the City of Stillwater. This is a much more natural logical boundary between the City of Stillwater and the City of Oak Park Heights and would allow the City of Stillwater to develop a park strip on the North end of the property proposed for annexation in order to buffer development on the property proposed for annexation from the residential district located adjacent and to the North of the property proposed for annexation and in the City of Stillwater. c) The plan of the City of Stillwater reveals that traffic would not be routed from the area proposed for annexation through an existing street in the City of Stillwater but would rather be coordinated from on an East to West basis . d) State Trunk Highway No . 212, a four--lane divided highway, that separates most of the City of Oak Park Heights from the area proposed for annexation is owned by the state of Minnesota and local cooperation is not needed for its maintenance. It is like a river that flows between the area designated for orderly annexation and the City of Oak Park Heights. The barrier allows for the easy -12- IPPP • • identification of community and municipal services and the annexation of the property proposed to the City of Stillwater would assist in the smooth flow of municipal services based on easy municipal identification. e) Annexation of the property proposed for annexation would provide the City of Stillwater with additional 'needed commercial tax base , which the and industrial to e s c they will be able to service with sewer, water and other governmental services . f) The area abuts on a residential area in the City of Stillwater and would allow for one government to plan for the clash i n uses between the property proposed for annexation and the residential area to the North. It would be in the best interests of all areas involved that the parties affected in the residential area to the North of the property proposed for annexation be given the opportunity to be a part of the same government that handles the development issues and the property proposed for annexation. g) The City of Stillwater has a Fire Department with full time staff. The City of Oak Park Heights has no Fire Department and must contract with the City of Bayport for protection. Stillwater has a fire rating of 5 and Oak Park Heights has a fire rating of 6. h) The City of Stillwater will be called upon to handle storm drainage for commercial development within the annexation area and therefore, it should have control over zoning and land use within the area. The visual development of the area, including acquisition and dedication of a park strip on the North end of the property proposed for annexation could be better accomplished by the City of . Stillwater. i) The Township of Stillwater is unable to deliver the full range of municipal services to the property proposed for annexation. j) All necessary governmental services can best be provided to both parcels proposed for annexation by annexation to the City P P � Y 5 of Stillwater rather than to any other community. k) The present assessed valuation of the Township of Stillwater is $6, 289 ; 366. 00. The present assessed valuation of the property proposed for annexation is $215 , 9/ 4 , 00 . The new assessed valuation -13- 410 Y of the Township of Stillwater , if the entire area is annexed,, is $6, 073 ,422 . 00.- 1) The Tdwush_ip of Stillwater can continue to function without the area subject to annexation and the area could not be incorporated separately or combined with any other governmental unit. XIII . The annexation is consistent with the Joint Powers Agreement referred to herein variously as the Joint Resolution for Orderly Annexation by and between the City and Township of Stillwater. CONCLUSIONS OF LAW • I . The Minnesota Municipal Board duly acquired and now has jurisdiction of the within proceeding. II . The area subject to annexation is now or is about to become � urban or suburban in nature and the City of Stillwater is capable • of rovidin services required by the area within a reasonable time. P g III. The existing Township form of government is not adeq• ate to P P protect the public health, safety, and welfare. IV. The annexation would be in the best interests of the area proposed for annexation. d V. The annexation does not conflict with terms of the Joint Powers Agreement . • VI . Because of potential increased costs , the City of Stillwater may qualify for a special levy. VIII . Five years will be required to effectively provide full That the Grderly Annexali-en Agreefflent between the Sity municipal services to the annexed area, or to comply with the terms of Stillwater and 'Township e€ Stillwater prevails ever, any elaim and conditions of the Orderly 'Annexation. Agreement as it relates apen the annexat-ien agreement by the Sity e€ Oak Park Heights,- to the mill levy step up rate . IX . • • An Order shduld be issued by the Minnesota Municipal Board annexing the area desert hed herein . - 14 - PPP' 1 !II 110 ORDER I. IT IS HEREBY ORDERED, that the property described herein situated in the County of Washington, State of Minnesota, be and hereby is annexed to the City of Stillwater, Minnesota, the same as if it had been originally made a part thereof. II. IT IS FURTHER ORDERED, that the assets and obligations of the • Township of Stillwater and the City of Stillwater being subject to • the provisions of Minnesota Statutes 414. 067 , are apportioned as follows : That the City of Stillwater will assume none of the bonded indebtedness of the Township of Stillwater and the Township of Stillwater will assume none of the bonded indebtedness of the City of Stillwater; and that real estate taxes generated from the property proposed for annexation shall be shared between the Township of Stillwater and the City of Stillwater according to the terms of • the Orderly Annexation Agreement referred to herein. III. IT IS FURTHER ORD;RED, that the population of the City of Stillwater has not increased by reason of this annexation and that the population of the Township of Stillwater has' not decreased for all purposes until the next federal census . IV. IT IS HEREBY ORDERED, that the Minnesota Municipal Board hereby retains jurisdiction for the purpose of allowing a special levy ' pursuant to. Minnesota Statutes 414. 01 , Subd. 15. V. IT IS FURTHER ORDERED, that the mill levy of the City of Stillwater on the property herein ordered annexed shall be increased in. substantially equal proportions over a period five years to equality with the mill levy of the property already within the City. VI. IT IS FURTHER ORDERED, that the effective date of this Order is on the date of its execution by the Minnesota Municipal Board . Amended Order Dated this Dated this day of 00,41-CA, , 1979, 17th day of July , 1981 . MINNESOTA ,MUNICIPAL BOARD 165 Metro Square Building MINNESOTA MUNICIPAL BOARD 165 Metro Square Building. St • Paul, Minnesota 5.a 1.01 St . Paul , Minnesota 551.01 i �� Me/Mitt Terrence A.• Merritt ^1a Executive Director • Terrence A . Merritt ' Executive Director • • :1.5- PPP . ' OA-117-3 Sti.l.lwat M E M O R A N D U M 110 On October 20, 1980 , District Court Judge Esther M. Tomljanovich remanded OA-117-3 Stillwater to the Minnesota Municipal Board for further consideration in conformity with the attached memorandum . The Minnesota Municipal Board allowed counsel for the it parties to present oral agguments on OA-117-3 after parties had submitted written memoranda on the issue . These arguments were made to the Minnesota Municipal Board on March 13 , 1981 . Minnesota Municipal Board reviewed and on May 27 , 1981 . The P the procedures it used in making its decision , and the facts supporting , its decision . After due and careful consideration and review, the Board aga in determined, that the City of Oa k Park Heights had fully participated in the evidentiary hearing process spanning three days before the Municipal Board. Judge Tomljanovich had found that Oak Park Heights had fully participated in the hearing process before the Municipal Board. Further , the Board in making this determination , reviewed the evidence presented it and found that the statutory burden to support the annexation • of the property to the City of Stillwater had been met . and that • it was in the best interests of the property that it be annexed to the City of Stillwater. Further , the Orderly Annexation Agreement had been the jurisdictional vehicle through which the matter was brought before the Board, but not a determinative factor as to whether the ro erty should be annexed to the City p P of Stillwater . After review of the evidence the Board found the weight of the evidence supported the annexation of the area before it to the City of Stillwater. Accordingly, the Minnesota Municipal Board amends its order in conformity with Judge Tomljanovich ' s 0 de . of October 20 , 1981 . July 17 , 1981 • r • • 1/, 1 1 MR. ECKBERG: Call Mr . Heuer . 2 KEN HEUER 3 upon being called was duly sworn and testified as follows 4 EXAM I N A T I O N 51 6 By Mr . Eckberg: 7 Q State your full name, please . 8 A .. Ken Heuer. 9 Q And what is your capacity in the city of Oak Park 10 Heights ? 11 I A City clerk-treasurer . 12 Q And how long have you been city clerk-treasurer? 13 { A I was appointed in 1965 . 14 Q And you have served in that capacity ever since. that 15 ' time? 16 A Yes . 17 Q And where do you live, Mr. Heuer? 18 A 6141 Panama. 19 1! Q And that is in the city of Oak Park HeightsZ 20 i+ A Right . 21 1 Q And can you tell us what kind or type of government 22 Oak Park Heights has ? 23 A A mayor-council form of government and an appointed 24 city clerk-treasurer. 25 Q You have four councilmen and a mayor? John C . Chegwyn 1 • 15 110 1 A That is right . 2 Q And that has been the same type of government that has been in existence since the village was organized? 4 A Yes . 6 Q But they have consolidated two of the offices into 6 one, the offices of clerk and treasurer? 7 A Yes . 8 Q And can you tell us briefly the history of Oak Park 9 Heights as far as the original incorporation and so forth? 10 A The city of Oak Park Heights was incorporated in April 111 of 1959 and since that time there has been periodic annexations . 12 In March of 1966 the former township of Oak Park Heights was 13 f annexed to the now city of Oak Park. That consisted of about 14 312 acres and included a portion north of Highway 212 . It. 15 I specifically excluded the site of the Washington County office 16 building. 17 In July of 1966 approximately 100 acres of the town- 18 [ . ship of Baytown was annexed to Oak Park Heights , and in April 19 of 1971 an additional 196 acres of Baytown was annexed. The 20 I most recent portion was a tract of about 35 acres that was an- 21 vexed from the township Hof $tillwater that lies north of Highway 22 212 and west of Osgood Avenue . 23 Q And what is the present area of the city? 24 A The city is about 1,160 acres; about 1. 80 square miles . 25 Q Will you briefly advise the Commission of what those John C . Chegwyn 16 • 1 boundaries are ? 2 A Bounded on the east by the St . Croix River; on the 3 j north by the city of Stillwater, and in some areas the township 4 of Stillwater; and on the west by the township of Stillwater 5 I and also the township of Baytown; and on the south by the town- 6 ship of Baytown and by the city of Bayport . 7 Q And what highways intersect the village of Bayport? ( ) 8 ! A The main artery is Highway 212 and 36 . 9 Q Are there any county roads that intersect the village i0 A Yes . 11 II 12 ' (an exhibit is marked for ) (identification as Petitioner' ) 13 (Exhibit A ) • 14 I Q I will show you what has been designated as the offi- 15 cial county map of Wahsington County. .g Y 16 ,jl MR. MOOSBRUGGER: I have no objection. 171 MR. ECKBERG: We introduce into evidence Petitioner's 18 A which is the official map of tashington County and 1{ 20 � 191I, showing a part of Oak Park Heights as it is located within the County of Washington and designated in green in approximately 21 the center of the map, below the city of Stillwater and above 22 the city of Baytown, and we offer this . 23 MR. KIMMEL: No objection to its being offered. 24 MR. MOOSBRUGGER: No objection to its being offered 25 for illustrative purposes and no objection to its foundation. John C. Chegwyn 17 1 MR. ECKBERG: You have no objection in other words? any MR, MOOSBRUGGER: Oh, no . I may object to a y m a teria l 3 error in the map if one is found. Its probative value is for 4 the Board, 5 MR, ECKBERG: Right . 6 Can exhibit is marked for iden- i 7 Ctification as Petitioner' s (Exhibit B 8 9 Q Now we have here what has been identified as the • 10 annexation study map , Mr. Heuer, have you had occasion to 11 I examine the map? 12 A Yes , 13 M Q And can you tell us briefly what this is? 14 A Well, it is a map that notes the corporate limits of 15 the city of Oak Park Heights; shows the boundary between the 16 city of stillwater and Oak Park Heights . 17 Q And it shows the annexation area? 18 A The striped line indicates the area as being consid- 19 j' ered today. 20 Q Colored in what color? 21 A In orange color. 22 Q And you have the city of Oak Park Heights in reddish? 23 A In pink, and the city of Stillwater in yellow. 24 Q The town of Stillwater is in white, is that correct? r +. 25 A Correct . John C . Chegwyn 18 1 1 1 MR. ECKBERG: We would offer that as Exhibit B. 2 MR. MOOSBRUGGER: Is that offered for illustrative S purposes only? 4 MR. ECKBERG: Well, we can lay further foundation. 5 MR. KIMMEL: We have no objection although I think it 6 contains some errors . 7 MR. ECKBERG: Yes . I know. It is right over here . 8 MR. MOOSBRUGGER: I have no objection as to foundation 9 but all other objections are reserved. 10 VICE-CHAIRMAN ISAACS : Accepted. 11 Ij Q And can you, Mr. Heuer, point out to the Commission `3 12 _-_ just step over there --- briefly where the highway 212 is 13 located in the area? 14 I A 212 runs in an east-west direction through the city 15 and village and down along the St . Croix River. 16 Q And can you show us where the city hall is? Where we 17 , are located now? 18 A We should be located right up in this section, right 19 �� up in the corner. 20 1 Q And has the city acquired additional land to the north 21 of that which is still in the town of Baytown? 22 A They made a purchase in here for a new well that has 23 been completed -- or is in the process of being completed --- 24 and possibly a proposed site for a future expansion of the 25 municipal building. John C . Chegwyn III .19 I II k 1 Q And it is in the town of Baytown? 2 A At this point it is in the town of Baytown. i 8 i Q And can you tell us , roughly, what the acreage is of 4 the area to be annexed that we are talking about? 5 I A This area here is about 35 acres . 6 Q No, no. That area to be annexed. . 1 7 A Up here? 8 Q Right . 9 A Just a minute . 10 Q Would you say 125 acres ? 11 ( A Yes . ( . 12 ' q And we have here the city facilities , and the staff 13 of the city employees , and can you tell us briefly what we have . 14 1 A We have a building inspector, and actually two plumb- 15 ( ing inspectors , both of which are paid on a fee basis . 16 I Q The building inspector is full-time? 17 iI A No. Neither of the inspectors are full-time . They !. 18 operate as needed on a part-time basis . 19 ': Q And the building inspector we have is not engaged in 20I any building business? 21 A No . He is a retired fellow. ' 22 Q And the plumbing inspectors? 23 A The plumbing inspector in one case is a retired in- 24 dividual, and in the other case is an operating plumber, an 1 r: P operating plumbing contractor. He does not inspect his own John C . Chegwyn • • 20 t 1 work. 2 Q And do we have a planhing consultant? 3 A We have a planning consultant and also we use a plan- 4 g 4 ning commission. They handle all of the matters that relate 5 to planning. They review the requests for special use permits, 6 platting and the platting and the zoning. 7 Q That is on a fee basis as needed? 8 A Yes . -- 9 Q Whom do we have for that? 10 A Nason, Wehrman and Chapman from Golden Velley . 11 � Q And you have a legal consultant? U 12 A Yes . 13 Q And the engineering? 14 A The engineering is also on a consultant basis --- on 15 a fee basis --- and handled all of our projects . 16 Q They are Bonestroo and Anderlik? 17 A Right . 18 1` Q And do you have an auditing firm? 19 II A Yes . We do. We have a certified CPA, and they audit 20 the books on a yearly basis , and they are from White Bear. The 21 name is De La Hunt . 22 Q By a certified auditor --- 23 A (interrupting) --- with the state auditor. ( 24 Q And the electrical inspections or inspectors? `r 25 A The electrical inspections are handled by the state John C . Chegwyn i • t 21 )II ' I 1 of Minnesota. `. 2 Q What else do we have? 3 EA We have a tree inspector that we'llave adopted or en- 4 ga=y to handle the diseased tree problem we are faced with. We 5 ( al- have an aborist which is taking surveys of the diseased 6 tr as well as other trees in the area, and we have an active 7 pl. ing program. This past year, 1975, we planted 232 trees 8 on e boulevard. These are not seedlings . They are ten or 9 tw e foot trees, and last year, in 1974, we planted 185 simi- 10 1. . rees . The program is going to continue until we have trees 11 pl. -d on all the boulevards . We have replaced some of the 12 di zed trees that have been removed. 13 We also have a part-time dog catcher that is used in 14 I co ction with the city of Bayport; it is a mutual aid program 15 He rks for Oak Park Heights and services the area, and he is 16 al' used by the city of Bayport . 17 Q And who is the arborist that we have? 18 II A He is John Wendt; the firm name is Wendt Tree, Lawn 19. ,' an hrubbery Care from Waite Park near St . Cloud. 20 ' And has he started an extensive planning program? Q t p ann ng p gram 21 He surveyed the area and is conducting a study on 22 wh the diseased trees have been, and are, and future problems 23 an -s prepared a tree planning program so we can continue on 24 a i ly basis . 25 4 And we have a police department? John C . Chegwyn 410 22 1 A We have three officers , two police squad cars , port- 2 able radios; all the necessary police equipment that is required . 8 i The police department operates out of this building. They are 4 dispatched by the county sheriff's office . We also have an 5 auxiliary police department or force which consists of --- I. 6 think it has at the present time that we have people on that 7 staff and they work in conjunction with the three full-time 8 officers . 9 Q And you mentioned how many police cars ? 10 A Two vehicles . 11I Q And what is the fire protection? c x 12 A We contract our fire protection with the city of 13 Bayport on a yearly basis . 14 Q And how many employees do we have in the utility and 15 recreation department? 16 ! A We have one full-time employee that takes care of 17 { the sewer --- the water facilities --- and any of the lateral 18 (` problems we have, and he also takes care of the recreational 19 1' program as far as the maintenance of the parks and playgrounds 20 that we have . 21 Q You have indicated that you have a part-time how many 22 people? 23 A During the winter time and in the summer time also 24 we have part-time people that man the warming house for the skating rink. They have two permanent-type employees , one at I John C. Chegwyn 23 1 411 111 1 each of the two playgrounds, and these are serviced with toilet 2 facilities, and we have a full-time attendant at these parks and 8 I playgrounds when the skating season is in effect . 4 Q Do you also have a clerk-treasurer and a deputy clerk- 5 I treasurer? 6 A Yes . 7 Q Can you tell the Commission briefly the development 8 that has ..been in the city of Oak Park Heights in the last seven 9 or eight years? 10 A Well, most of the commercial development has been in 11I� the area along Highway 36 and 212 . The newest area is on the 12 south side of that highway. The St . Croix Mall Shopping Center 13 is located there . The VFW club has just completed a new public 14 and private facility. The St . Croix Bowl has opened up in the 15 past year. It is a bowling alley with combination restaurant 16 � and bar facilities . I 17 The Oak Park Heights State Bank which contains a full 18 and complete banking operation as well as rented office space 19 I� for accountants, real estate, and travel, and insurance agents 20 1� and attorneys . 21 VICE--CHAIRMAN ISAACS: Excuse me . Can I see the 22 attorneys for a moment . 23 Ca discussion takes place) 24 (an exhibit is marked for (identification as Petitioner' . ) 25 (Exhibit C John C . Chegwyn 110 24 1 MR. ECKBERG : We offer Petitioner' s Exhibit C, a 2 memorandum of facts relating to the village . 8 I VICE-CHAIRMAN ISAACS: For the public, this is just 4 a written copy, and we are going through it, and the other at- 5 torneys have copies of it and will read it, and it will save us ; 6 some time here . 7 Any objections to it? 8.. MR. MOOSBRUGGER: I assume we will have an opportunit 9 to cross-examine on it . No objection to foundation; all other 10 rights reserved. 11 ( j MR. KIMMEL: No objection. } 12 MR. MOOSBRUGGER: It may be stipulated that if Mr. 13 E Heuer continued to be examined on direct examination by the 14 city of Oak Park Heights the testimony he would offer would be 15 the information contained on what has been offered in evidence 16 as Petitioner's Exhibit C. 17 18 1` (some exhibits are marked ) (for identification as ) 19 (Petitioner 's D, E, F, and G) 201 MR. ECKBERG: At this particular time, Mr. Moosbrug- 21 ger and Mr. Kimmel, I would offer Exhibit D which is a certifi- 22 cafe signed by Marvis Scheel, Washington County Assessor, as to 23 the assessed value of the area that is petitioned for to be 24 annexed to Oak Park Heights . A �.f 25 MR. MOOSBRUGGER: No objection as to foundation.. )/ John C . Chegwyn �5 ( r 1 MR. KIMMEL: This is the same amount as you stated 2 in the? 3 MR. ECKBERG: Yes . Exactly. 4 Then we have Exhibit E which is the assessed value of 5 the town of Stillwater, including land and buildings for the • ' 6 years indicated which are '73, '74, and '75; the assessed value 7 of the city of Stillwater for the same years and also for Oak 8 Park Heights . 9 Any objections? 10 MR, MOOSBRUGGER:- No objection as to foundation. All 11 other objections reserved. 12 MR. KIMMEL: No objection. 13 MR, ECKBERG: Exhibit F is a statement by Mr . Thomas 14 R., Greeder with reference to the mill levies of the three •muni- 15 cipali.ties, the City of Stillwater, the town of Stillwater, and 16 Oak Park Heights . 17 MR. MOOSBRUGGER: All objections reserved except as to 18 j foundation. 19 1 MR, ECKBERG: What do you mean by that? 20 MR. MOOSBRUGGER: No objectton as to foundation. All 21 other objections as to relevancyand materiality are reserved. 22 MR. ECKBERG: All right .. That isn't what you said. 23 MR, MOOSBRUGGER: All other objections are reserved 24 other than foundations . ' 25 MR, ECKBERG: We have here a statement in regard_ to John C . Chegwyn 26 i • C 1 the census of the area conducted by Mr . Robert Eardley which has 2 been marked Exhibit G, indicating there are 26 people living in 8 the area to be annexed. 4 MR. MOOSBRUGGER: No objection as to foundation. All 6 other objections are reserved. 6 MR. KIMMEL: I have no objection. 7 VICE-CHAIRMAN ISAACS: Accepted. 8 Q Just briefly, the city of Oak Park Heights has a sewer 9 system and a water system, is that correct? 10 A That is true . 11 Q And they serve the entire area? C 12 A The entire property . 13 Q And approximately how many homes do you have? 14 A About 430 single family homes . • 15 Q And you also have some sanitary sewers installed in 16 the village --- storm sewers? 17 A Yes . About half of the city is serviced with storm 18 sewers . 19 I Q And there is something that isn't in here . What type 20 of garbage collection do they have? 21 A We have a contract system that serves the residential 22 units that is picked up by the city. Three residential garbage 23 pickups . 24 Q How about the collection? 25 A The contractor is the same . It is handled on a fee John C . Chegwyn • • �7 1 basis . 2 Q And will you tell us briefly what the bond situation 8 i is, what unpaid bonds you have? 4 A We have three bond issues . One at 900,000; one at 5 500,000; and another one at 173,000 . Those were the original 6 issues . The balance due on each of them at this time is 745,001 ; 7 470,000; and 155,000 . 8 Q And you have ordinances as attached to this exhibit? 9 A That is true . 10 Q And the mill rates , and so forth, the assessed values , 11I' have been submitted? 12 A Yes . 13 Q In regard to the area that seeks annexation to the 14 ( city of Oak Park Heights, can you tell us briefly what type of 15 '; an area that is as far as activity, commercial or residential? 16 A Basically it is a light industry or commercial area. 17 The units in there right now are --- I know of only perhaps 18 three residential units in there . The bulk of it is commercial 19 � and light industry . 20 I Q Some of the area is undeveloped? 21 A That is right . 22 Q And you have furnished a list of the businesses that 23 generally are in the area? 24 A Right . 25 MR. ECKBERG: I have no further questions . John C . Chegwyn 110 28 1 VICE -CHAIRMAN ISAACS: Any questions, Mr. Moosbrugger? 2 MR. MOOSBRUGGER: I think I will let the city of Still- 8 water go first . 4 E X A M I N A T I O N 5 6 By Mr. Kimmel: 7 Q You have it broken down as to annexation area, $163,910 8 but apparently there are --- supposedly there are 16 petitioners . 9 You don't know what portion of the valuation they represent in 10 the area? 11 A No. (`) 12 MR, KIMMEL: There is some information here relative 13 to the sanitary sewer and water. I assume, Mr. Eckberg, that 14 i be covered in more detail as far as your engineer is con- 15 will v y g 16 cerned? 16 MR, ECKBERG: Yes . 17 MR, KIMMEL: I have no further questions . 18 . 19 I E X A M I N A T I O N 20 By Mr. Moosbrugger: 21 Q You actually have four full-time employees of the city 22 of Stillwater do you not, Mr. Heuer? 28 A Oak Park Heights . 24 Q Oak Park Heights . Pardon me . 25 Four full-time employees? John C . Chegwyn • 410 31 f I \ J 1 Q I see . Thank you. . I 2 Have all of these three full-time police officers and 3 seven auxiliary police officers been certified under the Minne- 4 sota Police Officers ' Training Program? 6 A All the full-time officers have been, yes . 6 Q Have any of the auxiliary police officers been certi- 7 fied? 8 A I can't answer that . I don't know. 9 Q Does the city of Oak Park Heights have a listed tele- 10 phone number? 11 A Yes . 12 Q What is that telephone number? 13 A 439 - 4439 . 14 Q Where would that telephone ring if one were to call 15 that number? 16 A The other side of the wall . 17 I Q In this building? 18 A True . 19 Q And during what hours of the day is anyone present 20 in this building as a routine matter to answer that telephone 21 when it rings ? 22 A Well, all routine calls for business of the city are 23 taken at my home phone . 24 Q Well, how does one learn what number to call? Is your y_. 25 number 439 - 4439 ? John C . Chegwyn 29 r , 1 A Yes . 2 Q Three of them are policemen and one is a utility and 8 1 maintenance worker, is that right? 4 A Yes . 5 Q These three full time police officers work how many 6 hours a week? What do you mean by full-time ? 7 A They work on a monthly basis, and I think they work ..8 about 8 hours a day like anyone else . 9 Q And how many hours a month? 10 A We have coverage about 214 hours a day by using the 11 auxiliary police . 0 12 Q How many hours does each of the full-time policemen 13 put in in a week or a month? 14 A I would say an eight hour day, a forty hour week. Just 15 like any other position-type thing they are called upon at cer- 16 tain times for duty beyond that which they are on call. 17 I Q But each of the three full-time policemen work actually 18 i , at least 140 hours a week? 19 � A That is true . 20 Q And the full-time utility and maintenance worker works, 21 I assume, at least 40 hours a week, is that true? 22 A That is true . 23 Q All of the other eo le whom P P you have listed as employes 24 of the city of Oak Park Heights , with the exception of the seven 25 auxiliary police officers , work on a fee basis do they not?. John C . Chegwyn - 1 . 30 1 A That is true . 2 Q You listed them in your Exhibit C, on page 3, and all 8 1 of the people listed, numbers one through nine , work on a fee 4 basis, don't they? 5 t A True . 6 Q So in effect you merely contract for their services , 7 isn't that true? 8 A Well, I guess the building inspector ana the plumbing 9 inspector have a contract as such. No formal contract with 10 them, but in each case they get a portion of the building permit 11 fee or the plumbing permit fee as their reimbursement . 12 Q And the seven auxiliary police officers are paid on 13 an hourly basis? 14 A True . • 15 Q How much time do they put in in the average week? 16 Each of them. 17 I A I really don' t have much to do with their scheduling. 18 ' . I see their total work sheets or time reports , and, of course, 1 19 their salary checks . It varies with the amount of time they hav= 20 available . I would guess on the average we are talking about 21 anywhere from 15 to 30 hours a week, depending upon their needs 22 or demands . 23 Q So each of these seven auxiliary officers puts in 24 anywhere from 15 to 30 hours a week? i 25 A Put it on a monthly basis; not a weekly basis . • - John C . Chegwyn (! • • 3 2 r 1 A No. 2 Q What is your number? 8 A 439 - 4407. 4 Q Is that listed, that number 4407, listed to the city 5 of Oak Park Heights? 6 A No, it is not . 7 Q The only number that is listed to the city of Oak Park 8 Heights , then, is 439 - 4439? 9 A Yes . 10 Q If one calls the only number that is listed to the 11 city of Oak Park Heights , and the phone rings , it rings only L1 12 in this building, is that right? 13 A True. 14 Q What hours of what days is someone routinely present 15 in this building to answer that phone when it rings? g P 16 A Well, it depends upon the police officer here from 17 time to time and the utility man; no set schedule . 18 Q So, in other words, if the utility man or the police 19 1 officers are not out of the building on some business but rather 20 happen to be in the building when the phone rings , then the phon= 21 would be answered and not otherwise, is that a fair statement? 22 A Yes . 23 Q You, as clerk-treasurer, of the city of Oak Park Heights , 24 actually have broader duties than merely keeping tilack of the t-' 25 money, writing checks, and making bank deposits, and keeping • John C. Chegwyn 410 (- 1 minutes , don't you? 2 A I don't think my duties are any more broader than the 8 average clerk-treasurer of any community . 4 Q Would you say that your duties are similar to those 6 of a city manager? 6 A I am not familiar with the city manager form of govern- 7 ment; so, I couldn't compare it . 8 Q You get involved in questions of building permits and 9 zoning permits , and so forth? 10 A Yes . 11 Q Are you the person that people are supposed to see if 12 they have a problem with zoning or needing a building permit or 13 anything of that kind? 14 A That is where they start; that is the first step . 15 Q Are you employed full-time outside of your duties as 16 clerk-treasurer for the city of Oak Park Heights? 17 A Yes . I am. 18 Q Did the township of Stillwater request some time in 19 the spring or early summber of 1975 that the city of Oak Park 20 Heights agree to the extension of a 12-inch sewer main from its 21 existing system along the south side of State Highway 36 to the 22 north under Highway 36 to serve a certain portion of Stillwater 23 Township? 24 A You are talking ab out a formal, now, or a formal 25 written request ? John C . Chegwyn 3� • • c 1 Q Any request . Formal or informal. 2 A I think that the engineer that was engaged by the 8 town of Stillwater sent a letter requesting certain information. 4 I don't know that we can say that we had a formal request from t e 5 town board for such services . 6 Q Do you recall if that request, or as you phrase it, 7 for information, from the engineer of the town of Stillwater 8 was in connection with the development, the construction , of 9 a building by Mr. Kern which we now know as the Torseth Builain:? 10 A I guess that I don't recall, really, the language of 11 that letter . 12 Q I am not requesting you to recall the language of the 13 letter, Do you recall meeting many times and discussing the 14 matter of extending the sewer north of 36 to serve the Torseth 15 Building which was then under construction by Mr. Kern? g u y 16 A No . I recall meetings of that nature . 17 1 Q Do you recall that at one of the meetings between the 18 j • city of Oak park Heights and the town of Stillwater that --- 19 here in this building --- that you or your engineer for Oak 20 Park Heights, or your mayor, Mr. Johnson, stated that the city 21 a 12-inch sewer under 36 t. of Oak Park Heights could not extend 3 22 serve that portion of Stillwater Township for Which this exten- sion 8-inch s could only extend an 8 nc i on was requested, but that you coul y 24 sewer because you had limited capacity to serve the area in 25 question? John C . Chegwyn 111 35 1 A The t hing th at I remembe r is that the capacity of the 2 pipe that is installed underneath the highway is of lesser size 8 --- I believe it is an 8-inch pipe --- and to extend a 12-inch 4 pipe to flow into an 8-inch pipe , there was some question as to 5 the feasibility of that . 6 Q I don't understand it . You are saying that there is 7 already an 8-inch sewer pipe under Highway 36 running from the 8 existing sewer line along the south side of 36 to the north? 9 Can you describe the situation? 10 A Rather than me guess at the dimensions of those pipes 11 I guess that this is something you should direct to our engineer . 12 If you want an opinion, I think that the line underneath that 18 highway is an 8-inch pipe . At any rate what I recall is that 14 the size of the line is less than the size of the line that the 15 township was proposing that we extend to the west . So, you are 16 proposing to have a 12-inch line flow into an 8-inch line, and 17 + that was a question of capacity; whether or not 12 inches of 18 fluid e..ould flow through an 8-inch pipe . 19 Q Just to simplify a little bit , the area in question 20 where the Torseth Building has been constructed is adjacent, 21 immediately adjacent, to the west of the area that you now pro- 22 pose for annexation, is it not? 23 A I believe it is in the area. 24 Q It is in the area proposed for annexation, and this 25 area is not now served by the Oak Park Heights sewer main is it? John C . Chegwyn 4 36 1 A The Torseth Building is not . 2 Q In fact you recall from the meeting that when the Tor- g seth building was constructed the city of Oak Park Heights had i 4 refused to make an extension of its sewer to serve the Torseth 5 ' building, and therefore the Torseth building has its own private 6 septic system, isn't that true? 7 I Q Are you going to deny that the township of Stillwater g requested that Oak Park Heights agree to the construction of a 9 12-inch sewer main to serve the area of the Torseth building 10 to be constructed on the north side of Highway. 36 to connect to 111 an existing 12-inch sewer main owned by the city of Oak Park 12 1 Heights on the south side of Highway 36? 13 A You are going to have to ask that question again 14 MR. MOOSBRUGGER: Would the reporter read the question 15 I don't think I can repeat it . 16 (the question beginning on line 7 is read back) f 17 A Well, first of all I guess we go back to the original 18 statement that I don't believe we have gotten a formal request, 19 even today, from the township of Stillwater, and, secondly, 20 ,1 the only stipulation that we made was that we have a mutual 21 agreement --- the term --- joint agreement with the town of 22 Stillwater. This was originally --. - this agreement was propose. 23 originally by the town of Stillwater in the latter part of 197k . 24 We disagreed with some of the wording in it, and after several 25 revisions submitted this same petition --- agreement , rather -- John C . Chegwyn 37 110 C 1 to the town of Stillwater which would have controlled and set 2 up the system for operating sewer and water in that area. The 3 town has never ever agreed or approved or denied that joint 4 agreement, and that is , I think, what the hangup was; but in 5 no way did we refuse any kind of service . 6 Q Well, now, first of all, the agreement that you are 7 talking about which Oak Park Heights approved and the town boar. 8 did not sign was an agreement that covered the management of 9 all sewers , sewer systems , in Stillwater Township which flowed 10 through Oak Park Heights ' sewer mains , wasn't it? 11 A Yes, sir. ( _ 12 i I am not asking you about that agreement . I am not 13 asking you about the agreement that was discussed-,or proposed 14 and signed by the city of Oak Park Heights and never accepted 15 by the township of Stillwater. 16 I am just asking you, first , is there a 12-inch sewer 17 1 main along the south side of State Highway 36 as shown on your 18 Exhibit D and extending as far west as Oasis Avenue? 19 I A I will not answer as to the size of that pipe . I 20 think that you should direct that to the engineer. There is a 21 pipe there . I acknowledge that . 22 Q You don't know the size of the pipe . How far west 23 does that sewer pipe go on the south side of 36 ? From approxi- 24 mately Oasis Avenue? 25 A A little west of it . Again, direct that to the . John C . Chegwyn 410 38 1 1 engineer. 2 Q And are you testifying that there is , or that you 3 i believe there is , an 8-inch pipe connecting to that sewer pipe 4 which runs north and under State Highway 36? 5 A Again, there is a pipe that runs north and under 6 Highway 36 . 7 Q And just to identify the area we are talking about, 8 you do recognize that the Torseth building that we have been 9 referring to is located in the area that you have proposed for 10 annexation, do you not? 11 �1 A That is true . ( 12 Q Now, regardless of whether or not you ever received 13 a formal request from Stillwater Township for approval for the 14 township to construct a 12-inch main on the north side of High- 15 ' way 36 to connect to the existing pipe owned by the city of 16 I+ Oak Park Heights , you do concede that no such permission was 1? ever granted by the city of Oak Park Heights to Stillwater 18 I, Township to connect such a sewer pipe? 19 I A Without a request we couldn't give permission or 20 deny permission. 21 Q Your position then is that you don't know whether 22 a formal request was ever made or not? 23 A It has never come to me . 24 Q What do you mean by a formal request? 25 A I think it would be a written request describing and John C . Chegwyn 39 411 110 C 1 deciding the area you want serviced and the kind of service 2 you want . 3 Q Well, let 's talk about written requests first . Did 4 you receive a letter from the Stillwater Township engineer ask- 6 I ing you if you would agree that the township of Stillwater may 6 construct a 12-inch sewer main to connect to the Oak Park Height 7 system at this point? 8 A I think that you referred to that letter previously 9 that we did get such a letter. 10 Q You- did? 11 A Yes . 12 Q Have you got it with you? 13 { A No. 14 Q Did you reply to the letter? 15 ( A I know I called him, and I think there was a meeting 16 set up and --- which one of these meetings --- that he attended 17 !( here . 1! 18 Q Pardon? 19 II A I know, I say, I called him because there was some 20 in my mind as to what he was asking for, and I know 21 that I called him at least; whether or not I answered him in 22 a letter --- 23 Q All right . Were there further discussions between 24 you and the township engineer regarding this matter? 25 A Only at a public meeting that everyone attended. I John C. Chegwyn 411 lip uo 1 don't think that he and I had any further conversation. 2 Q At the public meetings , do you recall someone --- 3 � yourself or someone on behalf of the city --- stating that you 4 would only agree to an 8-inch extension and then only because 5 you did not have capacity to put in a 12-inch pipe to serve thi 6 part of Stillwater Township? 7 A If you are talking about capacity again, I guess you 8 are talking about the 8-inch pipe, if that is what it is , under 9 the highway . Now, you can look at capacity of different things 10 If you are talking about the capacity of an interceptor, or the 111 capacity of a lateral that flows into the interceptor, I guess 12 that is really what should be clarified. 13 Again, if you are going to try to force 12 inches of 14 fluid into an 8-inch pipe, it gets a little sticky; so, it is 15 the capacity of the lateral, I guess , that is of concern here . 16 Q I want to show you a copy of a letter dated January 17 i 21, 1975, and ask you if you recognize that? 18 A That is a letter that I sent to the tb Rnjp engineer. 19 d Q Was that sent in response to the township engineer' s 201 request for permission for the township to build a 12-inch 21 sewer? 22 A I will have to read the letter first . 23 (silently reads a letter) 24 Now, your question, please, in regard to this ? 25 Q My question was : was that the letter you wrote to John C . Chegwyn 41 1 110 1 the township engineer in response to his letter requesting 2 permission to connect a 12-inch sewer main to be constructed 3 i by the township to connect to the city of Oak Park Height ' s 4 sewer main? 5 A I can't tell you exactly what I was responding to 6 there . There could have been another letter or comment . This 7 is obviously a position that the city has taken that they do 8 not choose to extend a line until such joint agreement has been 9 agreed to by both parties . 10 Q All right . In that case I have no further questions 11 1, that matter. (-; 12 In about 1972, the Minnesota Municipal Commission 13 handed down an order in a proceeding by the city --- then the 14 village --- of Oak Park Heights --- to annex approximately 120 15 .� acres of land in Stillwater Township . You recall that? 16 i A Yes . I do. 17 Q The petition resulted in the annexation of about 40 18 [ acres of the township to the city of Oak Park Heights , did it 19 not? 20 I A It did. • 21 Q And the remaining 80 acres that the city of Oak Park 22 Heights requested would correspond roughly to the area indicate. 23 on your exhibit B, lying directly to the west of Omaha Avenue 24 as indicated on Exhibit B, for a distance of about a half a 25 mile, and terminating just about a quarter-mile west of Oasis John C . Chegwyn • i ii • • 42 II 1 Avenue, did it not? 2 A In general that was the area. I don't know. I would s j expect it to cover the area in the orange and black stripes . 4 MR. ECKBERG: Mr . Chairman, I would make an objection 5 to this form and line of questionning. It is irrelevant and 6 immaterial . The file of the Commission speaks for itself on 1 7 this other proceeding. 8 Q My next question was : has anything changed regarding 9 the need of the area which is noW petitioned for annexation 10 since the Minnesota Municipal Commission's order in that prior 11 11 annexation proceeding in 1972? 1 LI 12 1 A Well, there has been additional development since 13 I that time in that area. Nash-Finch has built a warehouse mar- 14 ket there; Crown Auto has built there . I believe that has all 15 + been since the time that this area --- the previous annexation 1 16 1 that was referred to, determined, there has been other construe- 17 tion. Currently a school building is being built out there; a 18 school office building; a restaurant is being built out there . 19 I Those kinds of developments have occurred. I believe there have 20 II been several other businesses . Bob Bertle Y has a business out 21 there. I think it has been built since that time, and the Bell 22 Telephone Company has a building out there that serves . 23 Q So the area has continued to develop? 24 A It has . . 25 Q And it was developing at the time the Commission made +( \` John C . Chegwyn 43 411 1 its order in 1972? 2 A They were building there before 1972 . 3 j Q It was beginning to develop? 4 A Yes . 5 i Q And is there anything different about that develop- 6 ment than the development that is occurring within the city of 7 Oak Park Heights and has occurred in the past four or five years . 8_ A You are asking me the fifference in the development? 9 Q Is there any difference in the development at all? 10 II A I think it is more of an industrial nature than we 11 1� have in Oak Park Heights . 12 Q Whereas the development that has occurred in Oak Park 13 Heights has been what? How would you describe it? 14 I A Commercial . 15 ' Q You mean restaurants? 16 A Well, various kinds of office buildings; commercial 17 } structures . The Bell Telephone Company I don't think you can 18 ---- I guess perhaps that is a type of commercial business . 19 1 Q Is that in Oak Park Heights or Stillwater Township? 20 A In Stillwater Township . 21 Q I 'm just referring now to the Oak Park Heights kind 22 of development that you had since 1972 . 23 A I 'fI was to compare them I guess again, this is 24 something maybe you should ask the planner, but in my opinion 25 the development in Oak Park Heights has been more of a commer- John C . Chegwyn 44 410 1 1 cial nature . The township, perhaps some commercial, but more of 2 an industrial nature . 3 Q With the exception of the bank that was constructed in 4 Oak Park Heights , al 1 of the development since 1972 has been 5 restaurants , a bowling alley, liquor store establishment; that 6 type of thing? 7 A No. We have an apartment complex, a 72 unit complex 8 and is in operation; and quite a sophisticated, I should say, 9 apartment condominium complex on the St . Croix River which is 10 known as Sunnyside and St . Croix; very modern, plush kind of a 11 1 unit . • 12 Q All of that since 1972? 13 A Yup . 14 I Q And anything else? Other than restaurants or liquor 15 establishments? 16 ! A Goodyear Tire Company built a tire and appliance shop; 17 the St . Croix Mall Annex serves about four or five different 18 commercial ventures . There is a Chinese type of restaurant; a 19 I Red Saddle Shop; an army recruiting station, and a printing shop . 20 Action Rental is a unit that has gone in since that time which 21 is a rental of equipment of chain saws or various types of things 22 Q Relatively small buildings ? 23 A Yes . Compared to what? Yes . Relatively small . 24 Q Do you have any figures on the value of the restaurant 25 development that has occurred in Oak Park Heights since 1972 John C . Chegwyn +I . . 4 5 If 1 as compared to the value of non-restaurant --- 2 A (interrupting) No. . 3 ' MR. MOOSBRUGGER: I have no further questions . 4 MR. KIMMEL: I have no questions . 5 EXAM I N A T I O N 6 7 By Mr, Eckberg: 8 Q Do we have a deputy clerk-treasurer? 9 A Yes . We do. 10 Q And she happens to be your wife, is that correct? 11 I A That is correct . 12 I Q And she is generally available? 13 A One of us is always available, and there is really 14 ' no question of people knowing where to call by the number of 15 I calls we get, and not only during the day, but I get them at 16 the office at work . I thirk we are porbab'•_y more accessible 17 iI than any other clerk operation in the state, perhaps . We get 18 calls at all hours of the day and night . 191 Q You are available in the evenings ? 20 A Yes , 21 Q Just briefly on this . Did you ever receive any kind 22 of a proposal as far as the town of Stillwater in extending the 23 so-called 12-inch main to the Torseth building as far as financ- 24 ing, and so forth, that would be required and who was going to 25 pay for it? A None whatso ever. John C . Chegwyn • 46 6 i 1 Q And to your knowledge you never received a formal 2 request from the town of Stillwater? 8 A No, sir. 4 Q That we had submitted to them previously an agreement 5 --- Mr. Moosbrugger, I believe --- but we have never received 6 that returned to us? 7 A True . 8 Q With any comments or signed? 9 A True . 10 Q We are, the city of Oak Park Heights , is now serving . 11 considerable areas , as far as sewer, in the town of Stillwater, 12 isn't that correct? 13 A That is true . 14 Q Can you name several of the:buildings that are being 15 sewered? 16 A Nash-Finch is one; Crown Auto, Oasis Petroleum. The 17 Country Kitchen, which is currently under construction, is con- 18 ' netted. 19 11 Q The Country Kitchen is in the town of Stillwater at 20 the present time? 21 A True. 22 Q It is a restaurant operation? 23 A True . 24 Q What else do we have up here on Oasis Avenue? 25 iman is the ---? A Harriman - John C . Chegwyn !II 411 47 1 Q How about the school administration building? 2 A That will be hooked on to our facilities when it is 3 i completed, but it is still under construction at the present 4 time, still in the construction stage . 5 Q Can you think of any others ? 6 A I believe that Yoone ( ?) is also accessible . 7 MR, ECKBERG: I have no further questions . 8 MR, KIMMEI-: Are you sure that the Stillwater School 9 District is going to be hooked up to your sewer? 10 THE WITNESS: They called me and asked me for the 11 II permit . The only reason I say that they did is because they �-✓ 12 called me and asked me the questions and the hook-up charges 13 and that sort of thing. Now, I guess the elevation of the two 14 I buildings is quite different . So maybe that is the answer. I 15 ,� am basing that answer on the calls I got . 16 E X A M I N A T I O N 17 18 I` By Mr. Moosbrugger: 19 i Q Did you say that the city of Oak Park Heights owns 20 1 some sewer mains a ns in the town of Stillwater. 21 A I don't believe I said that . 22 Q Just to make the record clear, the city of Oak Park 23 Heights does not own any sewer mains , or any other property, 24 which is not in the town. of Stillwater? 25 A No. John C. Chegwyn • 8 1 Q And that includes the area which is now e p titioned for 2 annexation to the city of Oak Park Heights? S j A Yes . 4 Q As a matter of fact ,a the town of Stillwater and the 5 city of Oak Park Heights entered into a joint powers agreement 6 in about 1968 to construct sewer mains and both of these govern- 7 ments contributed a share of the total cost of the construction E. of these sewer mains , isn't that right? _ _ - - 9 A Each to their own cost . 10 Q And that point whether each unit contributed their own 11 I fari share of the cost has often been raised in the discussions 12 between the city of Oak Park Heights and the town of Stillwater, 13 hasn't it? - - 14 A Well, as it has related to certain utilities or appur- 16 tenances , yes , 16 Q But the sewer mains which flow from the town of Still- 17 water into the city of Oak Park Heights are part of a system that 18 was built pursuant to this joint powers agreement in 1 68 and _ j P g 9 19 I 1969, isn't that true? 20 A True . 21 Q It is your understanding that all of the sewer m s 22 i,n the township of Stillwater are owned by the township of Still- water? isn't that true ? 24 A That is my understanding. 25 MR. MOOSBRUGGER: That is all . John C . Chegwyn . 49 1 (I EXAM I N A T I O N 1 2 By Mr. Nieman: 8 Q Does the arrangement, then, with the buildings which 4 are using, somehow, the services of the Oak Park Heights sewer 5 + system lines, on a contractual basis? 6 A That was the intent, but that is not being followed at this point . There are two under that arrangement, but the 7 P g , g others have not complied with our requirement. 9 Q I am not clear. The pipes are not the property of Oak 10 Park Heights , the pipes that go under and to the edge of town, 11 the pipes are the property of Stillwater Township? 12 A Yes . 13 I Q In what sense do they use your system? 14 A Well, if they had a pipe that goes in front of their 15 ' property and that is all the pipe they have; they have nothing 16 but a pipe there. There is no end. 17 Now, the pipe is connected to our lateral system, and 18 1.�. the water that is extended is connected to our water pipe . 19 II Q Sewer and water? 20 A A In the case of Crown Auto and Nash-Finch, sewer and 21 water, 22 Q Paid for by Crown Auto by contract with the city of 23 Oak Park Heights? 24 A In those two, Crown Auto and Nash-Finch only . 25 Q Okay. What is happening to the other properties that are John C . Chegwyn • • 50 1 are utilizing your services this way? 2 A Well, I think that the original intent was for those 1 3 f operations to use the dame facilities and to pay the same fees 4 that our residential people pay, or our commercial people pay, 5 within the corporate limits . This is not being followed. 6 Q You mean they are breaching a contract, a verbal con- ! 7 tract? Or was it verbal? 8 i A In my opinion it is true . 9 MR. KIMMEL: Either or? Which is true? 10 A (continuing) There is no written --- well, there is 1 111 --- go back to 1967 , 1968, agreement . There was language in f.� 12 there that indicated that they would condtrtict a certain facilit 13 1 and also that the township of Stillwater was going to construct 14 .I the lines , and what have you, in there , within their limits , 15 within their boundary lines , and they would connect to our fa- 16 cilities . 171 There is also some talk in there about that the people 18 in the township would pay the same fees and have the same arrange 19 1' I` ments as those people that are residents or commercial operators 20 1 within the limits of Oak Park Heights . It is those things that 21 are not being adhered to by some of the operations out on Oasis 22 Avenue . 23 MR. KIMMEL: Isn't it a fact that those contracts were 24 automatically terminated NT the taking over of the treatment fa- 25 cilities by the Metropolitan Sewer Board? John C . Chegwyn • . 51 II 1 THE WITNESS : I guess you are asking the wrong guy . 2 MR. KIMMEL: As a practical matter, the charges, the g service charges, the plant that treats this --- the treatment -- plant ,4 of it - is a Metropolitan Sewer District p a , isn't that 5 i correct? 6 THE WITNESS: That is true . 7 MR. MOOSBRUGGER: I want to ask some questions on the g point raised by Mr. Kimmel . 9 E X A M I N A T I O N 10 11 ( By Mr. Moosbrugger: 12 Q With respect to the users of sewer in Stillwater Town- 13 ship and which connect to the Oak Park Heights sewer mains , what 14 expenses , if any, Oak Park Heights having as a result of sew- 15 Y, g 15 age flowing from Stillwater Township through the Oak Park Height . 16 mains to a plant in the city of Stillwater which is not owned 17 1 by the city of Oak Park Heights but is owned by the Metro Waste 18 Disposal Agency? 19 i': A Well, Mr. Moosbrugger, what would happen if there 20 weren't any lines for that pipe from Stillwater Township to flow 21 into? If nothing else, it is a moral obligation. 22 Q That is not my question. 23 A I think it would be a moral obligation if nothing 24 else . 25 Q I think you missed my whole point . Mr. Heuer, the John C. Chegwyn • 52 1 1 city of Oak Park Heights and the town of Stillwater agreed to 2 construct a sewer system to serve portions of both communities 3 in 1968 and expanded the agreement to construct more facilities 4 in 1969 . The sewer lines were laid, and at that time Oak Park 5 had a sewer plan of its own, and a treatment plant of its own, 6 and subsequently that was bought out by the Metropolitan Waste 7 Disposal System --- we used to call it the Metropolitan Sewer 8 Board -- and the Oak Park Heights sanitary sewage treatment 9 plant was closed down, and all of the sewage that comes from 10 the Township of Stillwater and the city of Oak Park Heights 11 ( flows into sewer mains that are owned by the city of Stillwater (�1 12 and flows into the treatment plant at the city of Stillwater 13 which is owned and operated by the Metropolitan Waste Disposal 14 Agency at the present time, is that true? 15 .� A That is true . 16 Q All right . Now, my question was : what expense does 17 it the city of Oak Park Heights have as a result of the fact that 18 ' . some sewage from the town of Stillwater C3®ws through the Oak 19 -1 Park Height 's mains on its way to this treatment plant in the 1{ 20 city of Stillwater? 21 A Probably no more expense than it would have from the 22 flow from the residential or commercial within the city . 23 Q What I am asking you to do is to identify those ex- 24 penses . Have you had to. dig up and re-lay some of that pipe? 25 Have you had problems with it? Have you got any expenses of John C . Chegwyn • 110 53 1 any kind with this pipe? 2 A Not to date. 3 j Q You haven't had. All right . 4 If you had some expenses with that pipe, wouldn't you 5 ask the township of Stillwater to bear its fair share of the 6 ( expenses of repairing that pipe based on the same proportions 7 that the two communities contributed to the initial construction 8 of that pipe in 1968? 9 MR. ECKBERG: Objected to as speculative and assuming 10 facts not in evidence, and what will happen in the future is ii I something that you can't know. 12 VICE-CHAIRMAN ISAACS: Agreed. 13 Q But you had no expense at all with regard to the 14 j sewage flowing from the township through the city pipes , have 15 ( you, Mr. Heuer? 16 I MR. ECKBERG: He has answered that question. It is 17 I repetitious . He said there were no particular expenses . 18 : THE WITNESS : No capital equipment expenses , no 19 expenses . 20 ! Q What are you referring to when you said the agreement 21 ( was not being adhered to, Mr. Heuer? 22 A The portion of the agreement that said that the people 23 connecting in the township would pay the same fees and have the 24 same rate schedule , and 40 on, that the connections of the city 25 would have, John C. Chegwyn i i 54 1 Q Well, what rate schedule are you referring to? Can 2 you describe them, please? 3 j A The monthly rate schedules for water and sewer facili- 4 ties , rental fees . 6 Q Let's take sewer separate from water. What sewer 6 rental fees do you charge your Oak Park Heights residents ? 7 I A The residential fee is $7 . 50 a quarter. 8 Q -What is that used for? General governmental revenues? 9 It is , isn't it? _ 10 A No. It is a separate water and sewer operating 11 11 account . '. 12 ( Q You don't have any expense with that pipe that was 13 {I{ already built under the joint agreement? 14 1 A We have expense from the Metro Sewer Board of the 1 15 Waste Control Commission. 16 Q Oh, that ' s a charge for the treatment of your sewage, 17 ! isn't it? 18 A True . Stillwater Township pays its share of that, too. We 20 ► all get billed by the Metro Sewer. You realize that? 21 A I'm aware of that . 22 Q How many customers in Stillwater Township do you suppl 23 water to? 24 A Two, 25 Q And are they both paying for the water? John C . Chegwyn 55 1 411 1 A Yes . They are . 2 Q And that is Nash-Finch and Crown Auto? Is that true? 3 A True . 4 (the witness is excused) 5 VICE-CHAIRMAN ISAACS: At this time we will take about 6 a ten minutes ' recess, and we are going to come back and continu • 7 this hearing until approximately one o'clock. The Commission I'I 8 I has another meeting at two . If we are not through by one we wil 9 pick another date that this hearing will be continued to . 10 (recess taken, and during the recess Petitioner' s) (Exhibits H and I were marked for identification ) li 11 12 VICE-CHAIRMAN ISAACS: (resuming the hearing) I i 13 At this time I would like to ask if there is anybody 14 in the audience here that would like to be heard from that will 15 be unable to attend the hearing that we will probably get into 16 that will be continued to a later date . If they have anything 17 that they would like to say t hat would be short , or heard from, 18 V and cannot make the other hearing, which we will pick a date of 19 December 2nd at ten o 'clock here in this same building. If we 20j do continue, it will probably continue beyond the one o' clock. 21 If there is anybody here that cannot make that and would like to 22 make a statement for the record, I will be glad to hear it right now. 24 We are going to recess again at one o 'clock. 25 Okay, hearing nobody, we will continue . John C. Chegwyn . • AU li 6 2 1975 • . . • • Seventh Draft : ., .. ...,, 8-20-75 . JOINT RESOLUTION AS TO ORDERLY ANNEXATION CITY. AND TOWN OF STILLWATER • WHEREAS , the Municipal Commission of the State of Minnesota presently has before it for hearing and consideration the matter of annexing certain portions of Stillwater Township to the City of Stillwater; and , • WHEREAS , the Township and City Stillwater are parties to said • p 5 p proceedings ; and, • • • WHEREAS , there is a basis for agreement between the parties upon which the matters 'presently before the Minnesota Municipal Commission • be settled, and . the. governmental parties hereto desire to set forth such .terms of settlement by means of this resolution , NOW, THEREFORE , BE IT RESOLVED by the Township and City of Stillwater, as follows • . 1. : . That the following described area in Stillwater Township • is properly subject to orderly annexation under and pursuant to Minnesota Statutes 414. 032 and the parties hereto do hereby designate this area as in need of orderly annexation as provided by statute : • • ' All portions of Stillwater Township lying in- ' Sections 32 and 33 and the East Half of Section • : 31, Township 30 North, Range 20 West , Washington County, Minnesota and Cochrane' s Long Lake Addition according to •the plat thereof on file and of record • in the office of the Register of Deeds for Washington County. • That the Township of Stillwater does upon passage of this • _ resolution and its adoption by the Council of the City of Stillwater, confer jurisdiction upon the Minnesota Munici- pal Commission so as to accomplish said orderly annexation in accordance with the terms of this resolution . • • 2. In that portion of the orderly annexation area located cast of County- Road No. 5 , the City may annex all property now developed as zoned which is contiguous to the City; and property which is not now developed as zoned may be annexed as provided in narar raph 3 below. . As an exception to .this paragraph, no property developed as 4 single family residence • on two acres or more of land shall be annexed, except upon petition of the owners . n___ 3. . Land within the orderly annexation 'area not subject to .. immediate Illexation under paragraph above may be annexed • • by the City when it is developed as zoned or about to be • developed as zoned, and there is available municipal services . • " such as water, sanitary sewer and storm sewer, etc . which Y , willbe extended to the property within two years , and if such land is contiguous to the City. • As an exception to this paragraph, no property developed as • a single family residence on two acres or more of land which is situated in that part of the orderly annexation area west of. County Road No. 5 , shall be annexed except upon petition • . of the owners . • - ' 4. Notwithstanding any contrary provisions of paragraphs 2 and 3 above, the township will not oppose any unanimous petitions • • of the owners of any lands within the orderly annexation area which are contiguous to the City of Stillwater, regard- • . less of whether those lands are developed or undeveloped. • The purpose of this agreement is to preserve the option • of owners of single family residential properties situated • on tracts of two acres or more to remain in the township during the term of this agreement , including existing resi- dential properties and those which may be developed hereafter; and, to provide for`•the annexation of other property which is , or about to be , developed for other than single family residential purposes and which will require municipal water and sewer service; and, to grant the right to owners of any property which is contiguous to the City to petition for annexation without opposition by the township . - 5, That "any property annexed to- the City pursuant to this • . agreement shall receive a graduated increase in mill rates . • from the town rate to the city rate over a three to five year period depending on the length of time necessary to . provide full municipal .services to the area annexed. • w Both the city and township agree to apply• for the maximum five year step-up in all such annexations, in accordance with the following schedule : . • • . Maximum increase not Year After to exceed % amount city • ' Actual Annexation and town - levies • 1 20% of difference • • 2 25% of then existing difference •3 33% of then existing difference • 4 50% of then existing difference . 5 • Full city mill rate • G. That all t1-.3 L `, shall be placed in the city' s Rural Taxing District until such time as they are actually developed. In the Rural Taxing District, the city' s property tax levy will be 100% of the bonded indebtedness levy and 10% of the general • levy. ' 7. That 'in these of annexation of develped property, the I P City agrees to compensate the township for lost tax revenue over a five year period to ease the financial adjustment • • burcen on the remainder of the township . Lash payments • will be made to the township based on the assessed value of the annexed properties as of the date of. annexation as applied to the township ' s mill rate for the year of payment , • . in accordance with the following schedule : • • Percent of Above computed Year After tax to be returned Actual Annexation . to the township 1 100% 2 80% 3 60% 4 40% • 5 20% • 8. That the city agrees not to approve the proposed plat of the Croixwood Seventh Addition , until traffic access is • restricted from Croixwood to 72nd Street and drainage into • Long Lake is approved by the Department of Natural Resources and Stillwater Township . • 9. That the city agrees not to extend unitary sewer into. any other areas of the township without the permission of the town board. All extensions .will be in accordance with the Metropolitan Waste Control Commission' s approved Comprehen- sive Sewer. Plan for the area. This section shall not apply • if the city is ordered to extend sewer to abate a public health nuisance by an order of the Minnesota Pollution Control Agency or the State Health Department. 10. That the city agrees to assume the responsibility for the administration of the township sanitary sewer system and the maintenance of all sewer lines currently located in the area covered by this agreement . All customer revenues and • Sewer Board services charges shall accrue to the city. 11. That the city agrees to assist the town board in petitioning. the Metropolitan Sewer Board to restrict .the size of the area in which the town board must collect SAC charges and if possible, to obtain rebates for those who have already paid SAC charges but who in all probability will never have sanitary sewer services available tc the:;. 12. That the city agrees not to accept any annexations of territory outside the orderly annexation area for ten years from the date of signing this agreement , without township • approval . -T 13. That the town board agrees not to approve any subdivisions . with lots of, or building permits on lots of, less than 23i ' acres in size , which are contiguous to the city without central sewer and water being: .available , except where approved by the city council. 14. That the City agrees to enter into a Fire Protection Contract with the Township for the period of May 1 , 1976 to April 30, 1979 , for the sum of $7 , 000 per year. In • • determining charges for Fire Protection Contracts for sub sequent . years , the city shall calculate the loss of assessed '..,.` ° valuation which the township has sustained due to annexation • • of property to the city and increases shall be adjusted • . downward accordingly. • • • 15. That the city agrees to investigate the possibility of • • sharing 'facilities , equipment and manpower with the .township to forestall the duplication of facilities and to reduce the overall costs of government in the area. • 16. That both` parties agree to the dismissal of all pending • court- appeals involving commission orders , relative to the • City of Stillwater and Stillwater Township . • 17 . That it is agreed and understood by the parties that this • • agreement shall terminate after ten years and be renegotiated . - between the parties to 'better reflect the conditions of that • • • • time . .18. That it is agreed and understood by the parties that the terms of this Joint Resolution and those of the accompany- • . ing Joint Power Planning Agreement will not take effect until they have been approved by the Minnesota Municipal Commission in the format approved by the City and the Township . • • • CITY OF STILLWATER • f . P sed. and adopted by the City of Stillwater this day of , if L2 s7' , 1975 • • amity Clerk 9By Its Mayor r. • • • -• TOWN OF STILLWATER • . • • . • , • P sscd and adopted by thc. town of Stillwater this 0 y 2 / . day ,of �11i(SGc , 1975 . • ATTEST: " / L r) 1)1; d • Town Clerk • . By Its Chairman • • • • ' 4t WASHINGTON COUNTY • Passed and adopted by the Washington County Board of • • Commissioners this day of , 1975 . • • 'Attest : • • . . By Its Chairman "The foregoing statement has been duly adopted by • • the City of Stillwater, Washington County and the • Town of Stillwater and certified copies of the resolutions adopting said agreement having been filed with the Commission, the Minnesota Municipal . Commission does hereby approved the foregoing agreement . " • • MINNES TA : U,'ICIPAL. COMISST N • • BY (( • T airm. n Minnesota Muni si.nal Commission • J• I i • OA-117-1 Stillwater, City/Town BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Thomas J. Simmons Chairman Robert W. Johnson Vice Chairman Gerald J. Isaacs Member Two County Commissioners Ex-Officio Members IN THE MATTER OF THE JOINT RESOLUTION ) OF THE CITY OF STILLWATER AND THE TOWN ) OF STILLWATER FOR THE ORDERLY ANNEX- ) NOTICE OF HEARING ATION OF CERTAIN LAND TO THE CITY OF ) STILLWATER ) Notice is hereby g iven that a public hearing will be held pur- suant to Minnesota Statutes 414 , as amended, before the Minnesota Municipal Commission in the above-entitled matter. The hearing will be held on the 22nd day of January, 1976 in the Washington County Courthouse , Board Room, Stillwater, Minn- esota commencing at 10 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 may be purchased from the Documents Section, 140 Centennial Building, St. Paul, Minnesota. ) The property proposed for annexation is described per the attached. Jy' i 411 111 t t e • A After all testimony is complete and the record is closed, the commission will meet from time to time to deliberate, approve and x issue its findings and order. Persons desiring to be present at such meetings or conference calls should contact the commission office. Dated this 3rd day of December, 1975 MINNESOTA MUNICIPAL COMMISSION 165 Metro Square Building Saint Paul, Minnesota 5 101 \\■-g! -> S_____ --------- Patricia D. Lundy Assistant Executive Secretary !II . 1. 95302-2250 Oscar L. Kern Part of the Southeast Quarter (4) of the Southeast Quarter (4) Section 32 , Township 30, Range 20, being the South 660 feet of the East 330 feet, subject to an easement 2. 95032-2300 Oscar L. Kern Part of the Southeast Quarter (4) of the Southeast Quarter (4) of Section 32 , Township 30 , Range 20, being the North 660 feet of the East 330 Feet subject to an easement 3. 95033-2300 Independent ' School District No . 834 Part of the Southwest Quarter (4) of the Southwest Quarter (4) Section 33 , Township 30, Range 20 beginning at the Northeast Corner of said Quarter (k)thence West along the West Line 828. 7 feet to center line of County Highway 66 as same is located and traveled thencedeflect to L at angle 93 degrees , 1 minute and on bearing 3 degrees , 1 minute East along, center line of said road 250. 351 feet thenoaEast and parallel with North line of said Quarter (4) 250 feet southerly therefrom for 819 . 72 feet to East line of said Quarter(4) , thence 0 degrees 56 minutes West along said East line 250. 03 feet to point of beginning 4. 95033-2350 Oasis Petroleum Co. Part of the Southwest Quarter (4) of the Southwest Quarter (4) Section 33, Township 30, Range 20, being the South 200 feet of the North 550 feet lying between the West line of Section 33 and centerline of County State Aid Highway #66 except the West 195. 5 feet subject to easements 5. 95033-2400 Trust Property Company Part of the Southwest Quarter (4) of the Southwest Quarter (4) Section 33 , Township 30, Range 20 beginning at the Northwest Corner of said Quarter (4)thence westerly along the North line of said Quarter (4) 486. 3 feet to center line of County Road No. 66 thenceSouth 3 degrees , 50 minutes East along said centerline of said road for 200. 5 feet, thence Westerly and parallel with said North line of said Quarter (4) for 501. 6 feet to West line of said Section 33, thenoNorth along said West line of Section 33 for 200 feet to point of beginning. 6. . 95033-2450 George W. Olsen Construction Co. Part of the Southwest Quarter (k) of the Southwest Quarter (4) of Section 33, Township 30, Range 20 , being the South 150 feet of the North 350 feet of that part of said Southwest Quarter (4) of the Southwest Quarter (4) lying between the West line of said Section 33 and the centerline of County Road No. 66, subject to Highway easement. • • 7. 93033-2500 Oasis Petrol, Company P Y Part of the Southwest Quarter (4) of the Southwest Quarter (4) of Section 33 , Township 30 , Range 20, commencing at the Northwest corner of said Quarter (4),therice South along the West Line of said Quarter (4) 350 'feet to point of beginning of this descrip- tion , thencnEast and parallel with the North line of said Quarter (4) 195 . 5 feet,thence Southerly and parallel with said West line �. of said Quarter (4) 200 feet then Westerly and parallel and 550 feet South of said North line of said Quarter (4) 195 . 5 feet to its intersection with the West line of said Quarter (4) , thence Northerly along the West line of said Quarter (4) 200 feet to point of beginning, subject to road easements 8. 95033-2550 Oscar L. Kern Part of the Southwest Quarter (4) of the Southwest Quarter (4) Section 33 , Township .30, Range 20 commencing at the Northwest • Corner of said Quarter (4) , . thence Southerly along the West line of said Quarter (4) 550 feet to point of beginning of this description, thence Easterly and parallel with the North line of said Quarter (4) 510 feet to its intersection with the center line of County Road No. 66 , thence Southerly along said center line of County Road No. 66 for 533 feet more or less to its intersection with the Northerly right-of-way line Minnesota Highway 212 , thence Westerly along the Northerly right-of-way line with Highway 212 for 492 feet more or less to its intersection with the Westerly line of said Quarter (' ) , thence Northerly along said West line of said Quarter (4) to point of beginning. 9. 95033-2850 United Fabricators & Electronics , Inc. Part of the Northwest Quarter (4) , of the Southwest Quarter (4) , Section 33 , Township 30 , Range 20 being the South 200 feet lying West of the centerline of County Highway No. 66 subject to an easement 10. 95033-2900 Beim Construction Company Part of the Northwest Quarter (4) of the Southwest Quarter (4) Section 33 , Township 30, Range 20 being the North 122 feet of the South 322 feet lying West of the centerline of County Highway No. 66 11. 95033-2950 Joog Corporation Northwest Quarter (4) of the Southwest Quarter (4) , Section 33 , Township 30, Range 20, being the North 130 feet of the Southerly 552 feet of said Quarter (4) lying West of the centerline of County Highway No. 66, subject to an easement. • All 12. 95033-3000 Robert E. & Marion 110 L. Eardley Part of the Northwest Quarter (4) of the Southwest Quarter (4) Section 33 , Township 30, Range 20, being the North 100 feet of the South 422 feet of said Quarter (4) lying West of the center- line of County Highway 66, subject to easements . 13. 95033-3010 St . Croix Mold Co. , Inc. Part of the Northwest Quarter (4) of the Southwest Quarter (4) Section 33, Township 30 , Range 20 being the North 100 feet described as follows : Beginning at the Southwest corner of said tract and running thence Northerly along the West line of said Tract 822 feet to a point running thence Easterly at a right angle 489 feet more or less to centerline of the traveled road running Northerly and Southerly across said tract running thence Southerly along the centerline of said traveled road to the South line of said tract and running thence Westerly along the South line of said tract to place of beginning. 14. 95033-3055 Swager Bros . Part of the Northwest Quarter (4) of the Southwest Quarter (4) of Section 33 , Township 30 North, Range 20 West commencing at a point in the centerline of the travelled road running Northerly and Southerly across said tract at a point 302 . 7 feet Northerly • from the . South line of said tract ; thence running East 835 . 3 feet, more or less , to the East line of said tract; thence running North along the East line of said tract for 654.7 feet to a point; thence running West for 661. 16 feet to a point ; thence running South at right angles 131 . 82 feet to a point ; thence West at right angles for 151. 02 feet (rec. 172 . 18 ' ) to said centerline of the travelled road; thence deflecting to the left an angle of 85 degrees 46 minutes 20 seconds and Southerly along said centerline of the travelled road for 60. 16 feet to the point of beginning of this description; thence deflecting to the left an angle of 94 degrees 13 minutes 40 seconds and Easterly for 155 .46 feet; thence deflecting to the left an angle of 13 degrees 47 minutes 14 seconds and Northeasterly for 95 . 00 feet ; thence deflecting to the right an angle of 13 degrees 47 minutes 14 seconds. and Easterly for 172. 98 feet ; thence South at right angles for 129. 61 feet;. thence deflecting to the right an angle of 114 degrees 38 minutes 46 seconds and Northwesterly for 72 . 88 feet ; thence deflecting to the left an angle of 30 degrees 14 minutes and Southwesterly for 155 . 4 feet ; thence deflecting to the left an angle 8 degrees 12 minutes and Southwesterly for 215.48 feet to said centerline of the travelled road; thence Northerly along said centerline of the travelled road for 143. 38 feet , more or less , to the point of beginning, subject to the right-of-way of Oasis Avenue North and subject also to a utility . easement. • i/Fr - ' • " 15. 95033-3100 Olson Transfer Company Part of the Northwest Quarter (4) of the Southwest Quarter(4) Section 33 , Township 30, Range 20 beginning at a point on the centerline of the Hospital Road at a point 455 . 98 feet north of the South line of said tract and running thence East on a line parallel to said South line of said tract 665 feet to an iron pipe monument , thence Northwesterly by a deflecting angle of 95 degrees 34 minutes to the left 97. 85 feet to an iron pipe monument , thence by a deflection angle of 57 degrees 25 minutes to the left 115 . 6 feet to an iron pipe monument , thence by a defection angle of 2 degrees 30 minutes to the left 97 . 8 feet to an iron pipe monument , thence by a deflection angle of 30 degrees 14 minutes to the left 155 . 4 feet to an iron pipe monument thence by a deflection angle of 8 degrees 12 minutes to the left 218. 4 feet to the centerline of said road thence South along said centerline to the point of beginning. 16. 95033-3150 Olson Transfer Company Part of the Northwest Quarter (4) of the Southwest Quarter CO Section 33 , Township 30, Range 20 beginning at a point on the center line of the Hospital Road at a point of 302. 7 feet North of the South line of said tract and running thence Easterly on a line parallel to said South line of said tract 672 . 9 feet to an iron pipe monument, thence Northwesterly by a deflection angle of 95 degrees 34 minutes to the left 153 . 9 feet to an iron pipe monument thence Westerly on a line parallel to said South line 665 feet to the center line of said road, thence Southerly along . said center line of said road 153 . 28 feet to point of beginning. 17. 95033-3250 Stillwater Development Corp . Part of the Northwest Quarter (4) of the Southwest Quarter t4) Section 33 , Township 30, Range 20 beginning at the Southeast Corner, thence North on the East line 303 . 76 feet to a point 26. 72 feet South of the Centerline of Grove Street of Ramsey and Carters Addition, thence West Parallel with the center line of Grove Street 835 ..3 feet to center of road, thence Southerly along center of Road 302. 7 feet to the South line , thence East on the South line 836. 4 feet to beginning. • U • OA-117-1 Stillwater BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Thomas J. Simmons Chairman Robert W. Johnson Vice Chairman Gerald J. Isaacs Member IN THE MATTER OF THE JOINT RESOLUTION ) BETWEEN THE CITY OF STILLWATER AND THE ) FINDINGS OF FACT, TOWNSHIP OF STILLWATER FOR THE ORDERLY ) CONCLUSIONS OF LAW, ANNEXATION OF CERTAIN LAND TO THE CITY ) AND ORDER OF STILLWATER The above-entitled matter came on for hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended, on January 22, 1976, at the Washington County Courthouse, Stillwater, Minnesota. The hearing was conducted by Chairman, Thomas J. Simmons. County Commissioners Don Cafferty and A. B. Schaefer, ex-officio members of the Board, had voluntarily disqualified themselves , at the request and with the concurrence of all parties, from all proceedings related to this parcel of land. The City of Stillwater appeared by and through Harold Kimmel, City Attorney. The City of Oak Park Heights appeared by and through Lyle Eckberg, Attorney at Law. The Town of Stillwater appeared by and through Gordon Moosbrugger, Attorney at Law. Testimony was heard and records and exhibits were received. After due and careful consideration of all evidence, together with all records, files and proceedings the Minnesota Municipal Board hereby makes and files the following Findings of Fact, Conclusions of Law and Order. FINDINGS OF FACT 1. That a joint resolution for orderly annexation was adopted by the City of Stillwater and the Township of Stillwater and duly filed with the Minnesota Municipal Board. This joint resolution was a product of more than one year of discussions between the various parties . 2. A resolution was filed by one of the signatories to the joint resol- ution, the City of Stillwater, on October 28, 1975 requesting annexation of certain properties within the orderly annexation area. The resolution con- tained all the information required by statute including a description of the territory subject to annexation which is as follows: VOA_117-1Stii1wtter : : . 1. 95302-2250 Oscar L. Kern Part of the Southeast Quarter (3 ) of the Southeast Quarter (k) Section 32., Township 30, Range 20, . being the South 660 feet of • the East 330 feet, subject to an easement . • • 2. 95032-2300 Oscar L. Kern , . ' Part of the Southeast Quarter (4) of the Southeast Quarter (k) of Section 32 , Township 30 , Range 20, being the North 660 feet of the East 330 feet 'subject to an easement • 3. . 95033-2300 Independent School District No. 834 Part of the Southwest Quarter (4) of the Southwest Quarter (k) Section 33 , Township 30, Range 20 beginning at the Northeast Corner of said Quarter (k)thence West along the North Line 828 . 7 • feet to center line of County Highway 65 as same is located and traveled thencedeflect to L at angle 93 degrees , 1 minute and on bearing 3 degrees , 1 minute East along, center line of said road 250. : feet tieno East and parallel with North line of said Quarter (4) 250 feet southerly therefrom for 819 . 72 feet to East line of said Qua.rter(4) , thence North 0 degrees 56_minutes West along said East lir • 250. 03 feet to point of beginning • 4. 95033-2350 Oasis Petroleum Co. • Part of the Southwest Quarter (4) of the Southwest Q uarter (4) v feet - Section 33, Township 30, Range 20, being the South 200 Lee� of > g d •the North 550 feet lying between the West line of Section 33 and • Y center line of Count y State Aid Highway j66 except the West 195. 5 feet subject to , easements • 5. 95033-2400 Trust Property Company Part of the Southwest Quarter (4) of the Southwest Quarter (4) . Section 33 , Township 30 , Range 20 beginning at the Northwest Corner of said Quarter (4)thencu easterly along the North line of said Quarter CO 456. 3 few to center line of County Road No. 66 thenceSouth 3 degrees, 50 minutes East along said centerline of said road for 200. 5 feet, thence Westerly and parallel with said North line of said Quarter (4) for 501 . 6 feet to West line of said Section 33, thence North along said West line of Section 33 for 200 feet to point of beginning. . • 6. . 95033-2450 George W. Olsen Construction Co. • Part of the Southwest Quarter (k) of the southwest Quarter (- ) • of Section 33 , Township 30, Range 20, being the South 150 feet of the North 350 feet of that part of said Southwest Quarter (-':;) of the Southwest Quarter (k) lying between. the West line of said Section 33 and the centerline of County Road No. 66, subject •• to Highway easement. ___ 7. 93033-2500 • Oasis Petroleum Company ' Part of the Southwest Quarter (k) of the Southwest Quarter ('-) • of Section 33 , Township 30 , Range 20 , commencing at the Northwest • corner of said Quarter (' ),thence South along the West Line of said Quirt-' r ('•) 150 'feet to point 2f bnt'inn;nr. of !-11i r. ,, Lion , thenw East and parallel with the North line of said Quarter (;;) 195 . 5 fect,thence Southerly and parallel with said West line of said Quarter (',) 20() feet then Westerly and parallel and 55() feet South of said North line of said Quarter (',;) 195 . 5 feet to its intersection with the West line of said Quarter (k) , thence Northerly along the West: line of said Quarter (k) 200 feet to • point: of beginning, subject to road easements 8. 95033-2550 _3_ Oscar L. Kern . Part of the Sou,st Quarter ('-4) of the •thwesc Quarter (k) Section 33 , Township .30, Range 20 commencing at the Northwest Corner of said Quarter (k) , . thence Southerly along the West line of said Quarter (k) 550 feet to point of beginning of this description, thence Easterly and parallel with the North line • • of said Quarter (k) 510 feet to its intersection with the center line of County Road No'.. 66 , thence Southerly along said center line ' of County Road No. 66 for 533 feet more or less to its intersection • with the Northerly right-of-way line Minnesota Highway 212 , thence Westerly along the Northerly right-of-way line with Highway 212 •for 492 feet more or less to its intersection with the Westerly line of said Quarter (k) , thence Northerly along said West line of said Quarter (4) to point of beginning. • 9. , 95033-2850 United Fabricators & Electronics , Tne. Part of the Northwest Quarter (') , of the Southwest Quarter (k) , Section 33 , Township 30 , Range 20 being the South 200 . feet lying West of the centerline of County Highway No. 66 subject to an easement 10. 95033-2900 • Beim Construction Company Part of the Northwest Quarter (k) of the Southwest Quarter (k) Section 33, Township 30, Range 20 being the North 122 feet of the South 322 feet lying West of the centerline of County Highway No. 66 11. 95033-2950 Joog Corporation Northwest Quarter (4) of the southwest Quarter (k) , Section 33 , Township 30, Range 20, being the North 130 feet of the Southerly - . 552 feet of said Quarter (k) lying West of the centerline of County Highway No. 66, subject to and 'easement . • • 12. . 95033-3000 ' Robert E. , & Marion L; Eardley Part of the Northwest Quarter (k) of the Southwest Quarter (k) Section 33 , Township 30 , Range 20, being the North 100 feet of the South 422 feet of said Quarter (k) lying West of the center- line of County Highway 66, subject to easements . • • 13. 95033-3010 St. Croix Mold Co. , Inc. • Part of the Northwest Quarter (k} of the Southwest Quarter CO Section 33 , Township 30 , Range 20 being the North 100 feet • described as follows : The northerly 100' of the southerly 822 ' lying westerly of the centerline of County Highway ##66 . • • 14. 95033-3055 • Swager Bros. Part of the Northwest Quarter (k) of the Southwest Quarter . (k) of Section 33 , Township 30 North, . Range 20 West commencing at a point in the centerline of the travelled road running Northerly and Southerly across said tract at a- point 302 . 7 feet NorLhIly the t ..�. v� .,.a a i.i.LL , i tt, �' running.; Last b37 ..i, reet , more or less , to�'the East line of said tract ; thence running North along the East line of said tract for 654. 7 foot to a point ; thence running West for 661. 16 feet to a point ; thence running South at right angles 131 . 82 feet to a point ; thence West at right angles for 151. 02 feet (rec. 172 . 18 ' ) to said centerline of the travelled road; thence deflecting to the left an angle of 85 degrees 46 minutes 20 seconds and Southerly along said centerline of the travelled road for. 60. 16 feet to the point beginning of thialescription; thence def ing to the left an angle of 94 d ees 13 minutes 40 seconce, and Easterly for • 155 . 46 feet; thence deflecting to the left an angle of 13 degrees 47 minutes 14 seconds and Northeasterly for 95 . 00 feet ; thence deflecting to the right an angle of 13 degrees 47 minutes 14 seconds and Easterly for 172. 98 feet ; thence South at right angles • for 129. 61 feet ; thence deflecting to the right an angle of . 114 - degrees 38 minutes 46 seconds and Northwesterly for 72 . 88 feet ; thence deflecting to the left an angle .of 30 degrees 14 minutes and Southwesterly for 155 . 4 feet ; thence deflecting .• % o the left an angle 8 degrees 12 minutes and Southwesterly for • z15. 48 feet to said centerline of the travelled road ; thence • Northerly along said centerline of the travelled road for 143. 38 feet , more or less , to the point of beginning, subject to the right-of-way of Oasis Avenue North and subject also to a utility easement. • • • • 15. 95033-3100 Olson Transfer Company Part of the Northwest Quarter (-r,) of the Southwest Quarter(;;) Section 33 , Township 30 , Range 2.0 beginning at a point on the centerline of the Hospital Road at a point 455 . 98 feet north of the South line of said tract and running thence East on a line parallel to said South line of said tract 665 feet to an iron pipe monument, thence Northwesterly by a deflecting angle of 95 degrees 34 minutes to the left 97. 85 feet to an iron pipe monument , thence by a deflection angle of 57 degrees . 25 minutes to the left 115 . 6 feet to an iron pipe monument , • thence by a deflection angle of 2 degrees 30 minutes to the • left 97. 8 feet to an iron pipe- monument , thence by a deflection angle of 30 degrees 14 minutes to the left 155 . 4 feet to an • iron pipe monument thence by a deflection angle of 8 degrees 12 minutes to the left 218. 4 feet to the centerline of said road thence South along said centerline to the point of beginning. • 16. 95033-3150 " . Olson Transfer Company • Part of the Northwest Quarter (4) of the Southwest Quarter (4) Section 33 , Township 30, Range 20 beginning at a point on the center line of the Hospital Road at a point of 302 . 7 feet North of the South line of said tract and running thence Easterly on a . line parallel to said South line of said tract 672 . 9 feet to an iron pipe monument , thence Northwesterly by a deflection angle of 95 degrees 34 minutes to the left 153 . 9 feet to an iron pipe monument thence Westerly on a line parallel to said South line 665 feet to the center line of said road, thence Southerly along said center line of said road 153 . 28 feet to point of beginning. • 17. 95033-3250 Stillwater Development Corp . Part of the Northwest Quarter (4) of the Southwest Quarter (-',;) Section 33 ; Township 30, Range 20 beginning at the Southeast Corner , thence North on the East line 303 . 76 feet to a point 26. 72 feet South of the Centerline of Grove Street of Ramsey and Carters Addition, thence West Parallel with the center line - of Grove Street 535..3 feet to center of road, thence Southerly along center of Road 302. 7 feet to the South line , thence East on the South line 836. 4 feet to beginning. • • • • • • • • -5- 3. Due, timely and adequate legal notice of the hearing was published, served and filed. 4. Geographic Features a. The area subject to annexation is unincorporated and abuts the City of Stillwater. b. The total area of the City of Stillwater is 2, 520 acres. The total area of the territory subject to annexation is about 35 acres of approximately 12,000 acres within Stillwater Township. c. The degree of contiguity of the boundaries between the annexing municipality and the proposed annexed property is as follows: 10 - 20%. d. The natural terrain of the area, including general topography, major watersheds, soil conditions,' rivers, lakes and major bluffs is as follows : Relatively flat plateau. To the northeast is a steep slope. To the north is a lake. 5. Population Data a. The City of Stillwater 1) Past population growth: 1870 - 1970 4, 123 to 10, 191 2) Present population: 11,692 (estimate) 3) Projected population: By the year 2000, an estimated 16, 000 population. b. The area subject to annexation is commercial/industrial properties 1) Past population growth: 0 2) Present population: 0 3) Projected population: 0 6. Development Issues a. What, if any, are the comprehensive plans for the development of property proposed for annexation and/or the annexing municipal- ity, including development projected by the metropolitan council. A joint agreement providing for joint land use control and planning has been executed between the Township of Stillwater and the City of Stillwater. 1 • • • -6- b. What land use controls are presently being employed. 1) In the City of Stillwater a) Zoning - Yes b) Subdivision regulations -Yes c) Housing and building codes - Yes d) Other - Minnesota Plumbing, Mechanical, and Fire Prevention Codes. 2) In the area to be annexed: a) Zoning - yes - the Washington County Zoning Ordinance; the area is zoned for commercial and industrial development. b) Subdivision regulations - certain restrictions contained in the orderly annexation agreement. c) Housing and building codes - Unknown d) Other - Unknown c. Does the City require future growth. space? Yes. If so, will the area subject to annexation provide the City of Stillwater with necessary growth space? Yes, although the area is not being re- lied upon to provide physical growth space, it will provide economic growth opportunities. d. The present pattern of physical development is: 1) In the City of Stillwater: a) Residential - Yes, further, a viable, residential area is nearby the area to be annexed, and these citizens have, justifiably, a very substantial interest in its eventual development. b) Industrial - Yes c) Commercial - Yes d) Institutional - Yes 2) In the area subject to annexation: a) Residential - No b) Industrial - Yes c) Commercial - Yes . d) Institutional - No 7. Govcr_^_m^n,-:l a. Presently, the Township of Stillwater provides the area subject to annexation with the following services: I • • -7- 1) Water - No 5) Street Improvements - Unknown 2) Sewer - Unknown 6) Street Maintenance - Unknown 3) Fire Protection - No- 7) Recreational - Unknown Contracts with the City of Stillwater 8) Other - Unknown 4) Police Protection - No Contracts with the City of Stillwater b. Presently, the City of Stillwater provides its citizens with the following services : 1) Water - Yes - 50 mile 5) Street Improvements - Yes - 98% water main, 5 wells, of the 55 miles are improved 5 person department, Health Dept. rating: 6) Street Maintenance - Yes - 9 92 person department 2) Sewer - Yes - 36 miles 7) Recreational - Yes - 120 acre sanitary sewer - 20 miles park land, developed facilities, storm sewer-2 person dept. 4. person department 3) Fire Protection - Fire 8) Other - Library - 40, 000 books, rating 6 , 6 full-time Administrative Staff - 5 full-time fire fighters - 8 persons emergency vehicles. 4) Police Protection - Yes - 12 sworn officers, 24 hour service c. Presently the City of Stillwater provides the area subject to annexation with the following services : 1) Water - Yes - for approx- 5) Street Improvements - Unknown imately 20 years 6) Street Maintenance - Unknown 2) Sewer - No, but the line terminates just north of 7) Recreational - Unknown Oasis Avenue. 8) Other - Unknown 3) Fire Protection - Yes, with certain limitations, by con- tract with the Township 4) Police Protection - Yes - Full service by contract with the Township d. Plans to extend municipal services to the area subject to annex- ation include the following: The orderly annexation agreement provides that all city services, including sewer, be provided within a reasonable time. e. There are existing or potential pollution problems which are: pollution of Lily Lake, particularly by storm water. 111E .trii l/YVi.iay wadi Liulial bet V.LI.CD will it le 1CbU1VC ihib .bi Lu doll: The City of Stillwater presently maintains this lake and city sewer will help preserve it. -8- f. That the City of Stillwater is capable of and it is practical for it to provide to the area proposed for annexation the listed municipal services within the next 5 years . 8. Fiscal Data a. In the City of Stillwater, the assessed valuation trend as of 1975 is $24,832, 138 - steadily rising, the mill rate trend as of 1975 is $27. 76 - decreasing - stable over last three years and the present bonded indebtedness as of January 1, 1976 is $6 , 310, 000 . b. In the area subject to annexation, the assessed valuation trend as of 1975 is$458, 959 (approximately 12% of the Township' s assessed value) and the present bonded indebtedness is unknown. c. The mill rate trends in the following units of government are: 1) State - Unknown 3) School Districts - as of 1975 - ' 63.47 - Decreasing - stable over 2) County - as of 1975,25. 89 ; last three years Decreasing - stable over._: last three years 4) Township - as of 1975 - 7 . 85 9. This annexation is within an area designated for orderly annexation, as described in the joint resolution, a copy of which is attached hereto CONCLUSIONS OF LAW 1. The Minnesota Municipal Board duly acquired and now has jurisdiction of the within proceeding. 2. The area subject to annexation is now or is about to become urban or suburban in nature. 3. The City of Stillwater is capable of providing the services required by the area described herein within a reasonable time. 4. The mill levy of the annexing municipality on the area proposed for annexation should be increased in substantially equal proportions over a 5 year period. • 5. This order incorporates by reference those applicable provisions of the orderly annexation agreement, a copy of which is attached hereto. 6. An order should be issued by the Minnesota Municipal Board annexing the area described herein. O R D E R IT IS HEREBY ORDERED: That the following described property lying in the Township of Stillwater, County of Washington, State of Minnesota, be and the same hereby is annexed--to the City of Stillwater the same as if it had originally been made a part thereof: 0A-117-1 Stillwater •• • • • • • 1. 95302-2250 Oscar L. Kern Part of the Southeast Quarter (' ) of the Southeast Quarter (4) Section 32 , Township 30, Range 2.0, being the South. 660 feet of • the East 330 feet, subject to an easement . • • 2. 95032-2300 • Oscar L. Kern • , • ' Part of the Southeast Quarter (4) of the Southeast Quarter (u) of Section 32 , Township 30 , Range 20 , being the North 660 feet . of the East 330 Feet . subject to an easement • 3. 95033-2300 Independent School District No : 834 • - • Part of the Southwest Quarter (4) of the Southwest Quarter (4) • Section 33 , Township 30, Range 20 beginning at the Northeast Corner of said Quarter (4)thence West along the North Line 828 . 7 feet to center line of County Highway 66 as same is located and . traveled thencedeflect to L at angle 93 degrees , 1 minute and on bearing 3 degrees , 1 minute East along, 'center line of said road 250. : feet thence East and parallel with North line of said Quarter (4) • 250 feet southerly therefrom for 819 . 72 feet to East line of said Quarter(4) , thence North 0 degrees 56_minutes West along said East lir 250. 03 .feet to point of beginning • 4. 95033-2350 Oasis Petroleum Co. • Part of the Southwest Quarter (k) of the Southwest Quarter. (t) Section 33, Township 30, Range. 20, being the South 200 feet of- the North 550 feet lying between the West line, of Section 33 and center line of County State Aid Highway ;i66 except the West 195. 5 feet subject to . easements. • . • • . 5. 95033-2400 Trust Property Company Part of the Southwest Quarter (= ) of the Southwest Quarter (4) Section 33 , Township 30 , Range 20 beginning at the Northwest Corner of said Quarter (4)thence easterly along the North line of said Quarter (4) 486. 3 feet to center line of County Road No . 66 . thenceSouth 3 degrees , 50 minutes East along said centerline of said road for 200. 5 feet, thence Westerly and parallel with said North line of said Quarter (?4) for 501 . 6 feet to West line of said Section 33, thenoa North along said West line of Section 33 • for 200 feet to point of beginning. . • • 6. . 95033-2450 George W. Olsen Construction Co. Part of the Southwest Quarter (4> of the southwest Quarter (= ) of Section 33 , Township 30, Range 20 , being the South 150 feet of the North 350 feet of that part of said Southwest Quarter (k) of the Southwest Quarter (k) lying between. the West line of said Section 33 and the centerline of County Road No. 66, sub_le:ct to Highway easement. 7. 93033-2500 Oasis Petroleum Company Part of the Southwest Quarter (;;) of the Southwest Quarter (,,) • of Section 33 , Township 30 , Range 20, . commencing at the Northwest • corner of said Quarter (k),thence South alonrr West Q ( 4), �, the t�c.st. L.cnc. of • • said Quarter (' ) 350 •feet_ to noi.nt . of boreinnin h of rhii r tion , t:hencu East ;Ind parallel with the North line of said Quart:c'r. (4) 195 . 5 feet,thc; ce Southerly and parallel with said West lire of said Quarter (`.,) 200 feet then Westerly and parallel and 550 - feet South of sa North line of said Quarter (k) 195 . 5 feet to its intersection ' 211 the West line of said Quarter (?4) , thence Northerly along < West line of said Quarter (k) 2.00 feet to point of beginna.: ,, subject to road easements • . 8. 95033-2550 Oscar L. Kern -10- Par t of the So41,1west Quarter ('4) of the llOuthwest Quarter ( ) Section 33 , Township ,30, Range 20 commencing at the Northwest Corner of said Quarter (') , . thence Southerly along the West line of said Quarter (h;) 550 feet .to point of beginning of this description, thence Easterly and parallel with the North line • . of said Quarter (4) 510 feet to its intersection with the center line of County Road No.. 66 , thence Southerly along said center line of :County Road No. 66 for 533 feet more or less to its intersection with the Northerly right-of-way line ,Minnesota Highway 212 , thence Westerly along the Northerly right-of-way line with Highway 212 .for 492 feet more or less to its intersection with the Westerly line of said Quarter (N) , thence Northerly along said West line of said Quarter (4) to point of beginning. • • 9. 95033-2850 United Fabricators & Electronics , Inc. Part of the Northwest Quarter (k), of the Southwest Quarter (4) , Section 33 , Township 30 , Range 20 being the South 200 feet lying West of the centerline of County Highway No . 66 subject to an easement 10. 95033-2900 Beim Construction Company • Part of the Northwest Quarter (4) of the Southwest Quarter (4) Section 33 , Township 30, Range 20 being the North 122 feet of the • South 322 feet lying West of the centerline of County Highway No. 66 11. . 95033-2950 Joog Corporation Northwest Quarter (3) of the Southwest Quarter (4) , Section 33 , Township 30, Range 20, being the North 130 feet of the Southerly . 552 feet of said Quarter (4) lying West of the centerline of County Highway No. 66, subject to an• 'easement . • 12. 95033-3000 • Robert E. & Marion L. Eardley • Part of the Northwest Quarter (4) of the Southwest Quarter CO Section 33 , Township 30 , Range 20, being the North 100 feet of the South 422 feet of said Quarter CO lying West of the center- line of County Highway 66 , subject to easements . • • • 13. 95033-3010 St. Croix Mold Co. , Inc. Part of the Northwest Quarter (y) of the Southwest Quarter (1) • . Section 33 , Township 30 , Range 20 being the North 100 feet - described as follows : The northerly 100 ' of the southerly 822 ' • lying westerly of the centerline of County Highway x{66 . • • 14. 95033-3055 . Swager Bros . Part of the Northwest Quarter ( ) of the Southwest Quarter , (k) . of Section 33 , Township 30 North , Range 20 West commencing at a point in the centerline of the travelled road running Northerly and Southerly across said tract at a point 302 : 7 feet North ir1 v from Lhe iCiiil it iil:c Ot 63j(1 Lracu ; thence running East 835 . 3 feet , more or less , to ' Che East line of said tract ; thence running . Forth alone the East line of said tract for 654 . 7 feet to a point ; thence running West for 661 . 16 feet to a point ; thence running South at right angles 131 . 82 feet to a point ; thence West at right angles for 151. 02 feet (roe. 172 . 18 ' ) to said centerline of the travelled road; thence deflecting to the left an angle of 85 degrees 46 minutes 20 seconds and Southerly along said centerline of the travelled road for 60. 16 feet to the point of . beginning of thi�• description ; thence clef Ling to the left an angle of 94 d�ees 13 minutes 40 secon and Easterly for • 155 .46 feet ; thence deflecting to the left an angle of 13 degrees 47 minutes 14 seconds and Northeasterly for 95 . 00 feet ; thence deflecting to the right an angle of 13 degrees 47 minutes 14 seconds and Easterly for 172 . 98 feet ; thence South at right angles for 129. 61 . feet ; thence- deflecting to the right .an angle of 114 degrees 38 minutes 46 seconds and Northwesterly for 72 . 88 . feet: ; thence deflecting .to the left an angle of 30 degrees .°s.] l minutes and Southwesterly crl y for 155 . feet thence zce deflect ing inf o� • .- .. x,.� Lhe left an angle 8 degrees ces 12 minutes and Southwesterly for z15. 48 feet to said centerline of the travelled road ; - c xo d , thence - .• Northerly along said centerline of the travelled road for 143. 38 feet , more or less , to the point of beginning, subject to the right-of-way of Oasis Avenue North and subject also to a utility easement. • • 15. 95033-3100 Olson Transfer Company • Part of the Northwest Quarter (3) of the Southwest Quarter (3/4) Section 33 , Township 30, Range 20 beginning at a point on the . centerline of the Hospital Road at a point 455 . 98 feet north • . • of the South line of said tract and running thence East on. a • line parallel to said South line. of said tract 665 feet to an iron pipe monument, thence Northwesterly by a deflecting angle . of 95 degrees 34 minutes to the left 97 . 85 feet to an iron • - pipe monument , thence by a deflection' angle of 57 degrees • . 25 minutes to the left 115 . 6 feet to an iron pipe monument , • thence by a deflection angle of 2 degrees 30 minutes to the • left 97. 8 feet to an iron pipe.. monument , thence by a deflection angle of 30 degrees 14 minutes to the left 155 . 4 feet to .an iron pipe monument thence by a deflection angle of 8 degrees 12 minutes to the left 218. 4 feet to the centerline of said road thence South along said centerline to the point of beginning. 16. 95033-3150 Olson Transfer Company Part of the Northwest Quarter (4) of the Southwest Quarter (4) Section 33 , Township 30 , . Range 20 beginning at a point on the center line of the Hospital Road at a point of 302 . 7 feet North of the South line of said tract and running thence Easterly on a line parallel to said South line of . said tract 672 . 9 feet to an • iron pipe monument, thence Northwesterly by a deflection angle of 95 degrees 34 minutes to the left 153 . 9 feet to an iron pipe monument thence Westerly on a line parallel to said South line 665 feet to the center line of said road, thence Southerly along said center line of said road 153 . 28 feet to point of beginning. • 17. 95033-3250 Stillwater Development -Corp . . Part of the Northwest Quarter (4) of the Southwest Quarter (4) Section 33 , Township 30, Range 20 beginning at the Southeast Corner, thence North on the East line 303 . 76 feet to as point . 26. 72 feet South of the Centerline of Grove Street of Ramsey . and Carters Addition, thence West Parallel with the center line • of Grove Street 535:.3 feet to center of road, thence Southerly along center of Road 302 . 7 feet to the South line , thence East on the South line 836. 4 feet to beginning. • • • • • • • • -12- IT IS FURTHER ORDERED: That the mill levy of the City of Stillwater on the property herein ordered annexed shall be increased in substantially equal proportions over a period of 5 years to equality with the mill levy of the property already within the City. IT IS FURTHER ORDERED: That the population of both the City of Stillwater and the Township of Stillwater be and the same hereby is determined to be un- changed. IT IS FURTHER ORDERED: That the effective date of this order is April 12, 1976 . Dated this 12th day of April, 1976 MINNESOTA MUNICIPAL BOARD 165 Metro Square Building Saint Paul, Minnesota 55101 William A. Neiman Executive Secretary •