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Age two - Minutes 7/10/89
O'Neal, seconded by Doerr, moved to approve minutes as presented
of June 12th and 26th. 5 aye votes. Carried.
Seggelke , seconded by Kern, moved to direct Clerk to `notify
p/ Washington County as to the availability of using Oak Park
`-, Heights water services for the County expansion project. A
f ` 1 formal agreement will be pursued. 5 aye votes. Carried.
Doerr , seconded by O 'Neal , moved to approve payment of bills and
`,` Treasurer' s report as presented. Details available at Clerk' s
1,' office. 5 aye votes. Carried.
r`
1' O'Neal, seconded by Kern, moved to approve Change Order #1 in the
amount of $3, 011. 00, File No: 5585, for Hall Expansion Project.
5 aye votes. Carried.
Doerr , seconded by O'Neal , moved to adopt Resolution #89-7-38
authorizing Mayor and Clerk to sign agreement with Edward
Johnston, Developer of Gregory Garins and Grays Addition. Roll
call vote taken with 5 aye votes cast. Resolution adopted.
Park Committee will meet at City Hall Monday, July 31 , 1989 at
6:30 p.m.
Doerr, seconded by O'Neal , moved to adjourn. 5 aye votes.
Adjourned at 8:55 p.m.
Cam' La Vonne Wilson
Administrator/Treasurer
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CITY OF
OAK PARK HEIGHTS
14168 - 57th Street North -Box 2007 5 g
OAK PARK HEIGHTS, MINNESOTA 55082
439-4439
PrAr
July 14, 1989
Charles Swanson, County Administrator
14900 North 61st Street
Stillwater, MN. 55082
Dear Mr. Swanson:
The City Council has requested I contact you, advising the availa-
bility of water hook up to the City lines for your expansion pro-
ject.
Should you have questions on this matter, please contact Roger Ben-
son at 439-4439.
Thank You.
Sincerely yours,
CITY OF OAK PARK HEIGHTS
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La Vonne Wilson
Administrator/Treasurer •
PC: Lyle Doerr
Dick Herold
Joe Anderlik
OFFIC•F WASHINGTON COUNTY IIKORNEY
RICHARD `tyGTON C
Y 2�
March 24
3? ` `
Washington County Government Center 24, 1989
14900 61st Street North—P.O.Box 6 m� s_ 'i� e
Stillwater,MN 55082-0006 96�i.=°�sb
Honorable Frank Sommerfeldt
Mayor of the City of Oak Park Heights
Post Office Box 2007
Stillwater, Minnesota 55082
Ms. : LaVonne Wilson
Clerk of the City of Oak Park Heights
Post Office Box 2007
Stillwater, Minnesota 55082
Dear Mayor Sommerfeldt and Ms. Wilson:
This letter is to give you NOTICE that Washington County intends to proceed with
the expansion of the Washington County Courthouse on certain property owned by
the County and which was recently annexed to the City of Stillwater. The land
is more fully described in the County's and City's Petition for Concurrent
Detachment and Annexation action to which the City of Oak Park Heights was a
party.
As you are aware, the District Court, by an order issued March 17, 1989 has
dismissed the City of Oak Park Height's appeal of the Minnesota Municipal
Board's Order allowing detachment and annexation. Therefore, the County plans
to proceed forthwith with construction of the Courthouse expansion. The County
has met the requirements set forth in the City of Stillwater's Comprehensive
Plan and Zoning Ordinance and has obtained approval from Stillwater to build the
facility; the County is now in the final stages of obtaining a building permit
from the City of Stillwater. As a condition of the permit, the City of
Stillwater is requiring a 308 space parking lot to be built as part of the
facility, which is to be located on the recently annexed land. To comply with
that requirement, the Department of Public Works is beginning the statutory bid
process for construction of the parking lot. On April 25, 1989 at the regularly
scheduled County Board meeting, the Public Works Department will seek permission
from the Board to proceed with the bid process. If the "go-ahead" is given, the
Department projects a bid award date of May 30, 1989, with construction on the
parking lot to begin soon thereafter.
Very truly yours,
RICHAR M. ARNEY, COUNTY ATTORNEY
WASHI TON 0 TY, MINNESOTA
George uprian
Assistant County Attorney
GK/sf
cc: Wallace Abrahamson, Mayor of City of Stillwater I
Mark Vierling, Oak Park Heights City Attorney 31T
David Magnuson, Sti l lwater City Attorney
Administration nRA W I s n tAnAol, Pub 1 cmiWW17JrJe
Divisions Social Services Division Victim/Witness Division Facsimile Machine
(612)779-5405 (612)779-5463 (612)779-5405 (612)779-5404 (612)779.5405 (612)779-5498
Affirmative Action/Equal Opportunity Employer s•41110.0
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LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF Sc VIERLING
1635 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
LYLE J. ECKBERG (612)439-2878
JAMES F. LAMMERS FAX(612)439-2923
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J.VIERLING
VICKI LGIFFORD March 20 , 1989
GREGORY G. GALLER
Mr . Frank Sommerfeldt, Mayor
City of Oak Park Heights
14168 N. 57th Street
Stillwater , Minnesota 55082
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�L., . Jack Doerr , Councilman
14520 N. Upper 56th Street
Oak Park Heights, Minnesota 55082
Ms. Barbara O'Neal, Councilwoman
6215 Panama Avenue North
Stillwater , Minnesota 55082
Mr . Richard Seggelke , Councilman
14256 N. 57th Street
Oak Park Heights, Minnesota 55082
Mr. Barry Torgerson, Councilman
15244 N. Upper 63rd Street
Stillwater , Minnesota 55082
Re: Oak Park Heights v. City of Stillwater
Annexation/Detachment Matter ; and
Washington County Jail Annexation
Dear Mayor and Council :
I am enclosing a copy of the Findings of Fact ,
Conclusions of Law and Order which was entered by the Honorable -
Bruce R. Douglas on March 16 , 1989 denying the appeal of the City
of Oak Park Heights affecting the annexation of lands to the City
of Stillwater to facilitate the construction of a jail for
Washington County. You will note from review of the Order that
the Judge made no analysis of the issues in the appeal and merely
recited the items that the statute requires that he recite in
affirming the Municipal Eloard . Consequently , there is no
opportunity to analyze his Order .
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Mayor and Councilmembers
City of Oak Park weights
Page 2
March 20 , 1989
Needless to say, we are very disappointed with the
Order , not only in its result , but also in its
*a llack of
explanation. The city has a right of appeal to
Court of ?appeals should you wish to exercise that right , however ,
appeals would have to be filed within thirty days of the date of
entry of the judgment which would require a filing on or before
April 15 , 1989 . Although there would certainly be expense
incurred with the appeal , much if not all of the briefing that
has already been completed would be applicable to any app
Consequently, I would not regard the cost of appeal to be
significant from the standpoint of document hich need to be
prepared.
= .r . v- tru
/Ma J. Vierling
MJV:brs
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/// STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WASHINGTON
TENTH JUDICIAL DISTRICT
Court File No.C1-88-005009
I
City of Oak Park Heights, 1
a municipal corporation, FINDINGS OF FACT,
CONCLUSIONS OF
Petitioner, OF LAW AND ORDER
Fuel �I SAS - �oo"�
vs. F WAFHInfc,T!ln! (rt JNTYF
C - -
The City of Stillwater, a 1 1
municipal corporation, � -?
and Washington County, L MAR i ' c
E MARIE SUNU"!S E
Respondents. D COURT ADMINISTRATOR
11 nelvtY1
The above-entitled matter came on for hearing before the
undersigned on January 25, 1989, pursuant to an appeal by the
City b of Oak Park Heights of a decision by
the Minnesota
Municipal Board.
Mark J. Vierling, Esq. , appeared on behalf of the
Petitioner. David T. Magnuson, Esq. , appeared on behalf of the t
.
Respondent City of Stillwater. Howard R. Turrentine, Esq. ,
Assistant Washington County Attorney, appeared in behalf of the
Respondent Washington County.
The parties, through their respective ective attorneys, stipulat ed
at the court hearing on January 25, 1989 that the record of the
proceedings to be considered by the court for purposes of this
be the entire record of the proceedings
appeal herein shall P
before the Minnesota Municipal Board, including th e transcript of
all testimony and all exhibits presented to the Minnesota
Municipal Board; and further stipulated that the markings and
III i
/' exhibit numbers used on those exhibits before the Minnesota
Municipal Board be adopted by the court herein rather than
requiring that those exhibits be remarked.
The court heard the arguments of counsel. Based upon these
arguments, upon all files, records and proceedings herein, and
being fully advised in the premises, the court makes the
following:
FINDINGS OF FACT
1
On March 7, 1988 a petition for concurrent detachment and
annexation of certain property owned by Washington County was
filed with the Minnesota Municipal Board by Washington County and
the City of Stillwater, pursuant to Minnesota Statutes Chapter
414 .
II
Pursuant to Minnesota Statutes Chapter 414, a hearing was
held on Washington County's petition for concurrent detachment
and annexation of certain land owned by Washington County on June
15, 1988 and June 29, 1988.
III
In an order dated November 2, 1988 the Municipal Board
ordered the detachment from the City of Oak Park Heights and the
annexation to the City of Stillwater of certain lands owned by
the County of Washington.
. IV
By notice of appeal dated November 8, 1988 the City of Oak
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Park Heights brought the matter before this court seeking review
of the November 2, 1988 order of the Municipal Board.
V
The City of Oak Park Heights' notice of appeal recited, as
grounds for the appeal:
A. That the Board had no jurisdiction to act;
B. That the Board exceeded its jurisdiction;
C. That the order of the Board was arbitrary,
fraudulent, capricious or oppressive, or was in
unreasonable disregard of the best interests of the
territory; or
D. That the order was based upon an erroneous theory
of law.
VI
The November 2, 1988 of the Minnesota Municipal Board order
is nine pages long, consisting of forty-nine Findings of Fact and
five Conclusions of Law.
CONCLUSIONS OF LAW
1 1. The Minnesota Municipal Board had jurisdiction to act
upon the petition of the City of Stillwater and Washington County
and order the concurrent annexation and detachment of certain
land owned by Washington County.
2 . The Minnesota Municipal Board did not exceed its
jurisdiction by ordering the concurrent annexation and
detachment of certain land owned by Washington County.
3. The Municipal Board's ordering of the concurrent
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detachment and annexation of certain property owned by Washington
County was not arbitrary, fraudulent, capricious or oppressive.
4 . The order of the Minnesota Municipal Board reasonably
considers the best interests of the territory affected by the
concurrent annexation and detachment of certain property owned
by Washington County.
5. The order of the Minnesota Municipal Board is based upon
a correct theory of law.
6. The Findings of Fact and Conclusions of Law in the
November 2, 1988 order of the Minnesota Municipal Board show
that the Board considered the factors listed in Minnesota
Statutes Sections 414 . 061, subd. 5, and 414 .041, subd. 5 in
reaching its decision.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
The November 2, 1988 order of the Minnesota Municipal Board
is affirmed and the appeal, by the City of Oak Park Heights, for
review of an order by the Minnesota Municipal Board order dated
December 2, 1988 is hereby dismissed.
Dated 3 lla _ 89 !=,
Bruce R. Douglas
Judge of District Cou
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