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HomeMy WebLinkAboutBaytown to OPH 1981 E y • HAROLD D. KIMMEL ATTORNEY AT LAW 124 SOUTH SECOND STREET P. 0. BOX 18 STILLWATER, MINNESOTA 55082 STILLWATER 439-6065 JOHN L. GUNDERSON AREA CODE 612 May 7, 1981 City of Oak Park Heights 11168 N. 57th St. Oak Park Heights Stillwater, Minnesota 55082 Gentlemen: Re: Petition for Annexation I am enclosing a Petition for Annexation for 35 acres of property located in Baytown Township which is contiguous to the City of Oak Park Heights as shown in the Petition. It is my understanding that before this Petition may be submitted, it must be approved by a Resolution of the City. We hope you will have an opportunity to favorably consider this Petition at your next meeting. Please advise us if you would like g> any appearance by us at the meeting at which it is to be considered. Thank you for your consideration. Very truly truly yours, Harold D. Kimmel HDK/p Encls. cc: Lyle J. Eckberg • .104 • • • f BEFORE THE MUNICIPAL BOARD OF THE STA TE OF MINNESOTA In the Matter of the Petition of certain Persons for the Annexation PETITION of Land to the City of Oak Park Heights, Washington County, Minnesota . I. That the undersigned are 100% of the owners of the following described real estate which is located in the Township of Baytown, Washington County, Minnesota , to-wit: All of the Northwest !quarter of the Northeast !quarter (NT e of NEn) of Sec- tion Nine (9), Township Twenty-nine (29) North, Range Twenty (20) West except the following: Commencing at the Northeast (NE) corner of the Northwest Quarter of the Northeast Quarter (NW* of NE*) of Section Nine (9); thence South along the East line of said Northwest Quarter of the Northeast nuarter (NW* of NE:1-) of Sec- tion Nine (9) two hundred ninety-four (294) feet to the point of beginning; thence West at right angles for two hundred (200) feet; thence South and parallel with the Fast line of said Northwest Quarter of the Northeast Quarter (NW of NE1) of Sec- tion Nine (9) for seven hundred twenty-nine and four tenths (729.4) feet; thence West and parallel with the South line of said Northwest Quarter of the Northeast Quarter (NW1 of NTF- ) of Section Nine (9) for four hundred seventy (470) feet; thence South and parallel with the East line of said Northwest Quarter of the Northeast Quarter (NW of NE ) of Section Nine (9) for one hundred twenty-five (125) feet; thence East and parallel with the South line of said Northwest Quarter of the Northeast Quarter (N of NEl) of Section Nine (9) a distance of six hundred seventy (670) feet to the East line of said Northwest Quarter of the Northeast Quarter (NW1 of NE1) of Section Nine (9); thence North along the East line of said Northwest Quarter of the Northeast Quarter (N1 of NE ) of Section Nine (9) a distance of eight hundred fifty-four and four tenths (854.4) feet more or less to the point of beginning. Also excepting the following: Commencing at the Northeast (NE) corner of the Northwest Quarter of the Northeast Quarter (NW4 of NE1) of Section Nine (9); thence South along the East line of said Northwest Quarter of the Northeast Quarter (NW4 of NEn) of Section Nine (9) a distance of one thousand one hundred ninety-eight and four tenths (1,198.4) feet to the point of beginning; thence continue South along the Fast line of said Northwest Quarter of the Northeast Quarter (NW of NE4) of Section Nine (9) for one hundred twenty-five (125) feet more or less to the South- east corner of said Northwest Quarter of the Northeast Quarter (Nw4 of NE1) of Section Nine (9); thence West along the South line of said Northwest Quarter of the Northeast Quarter (N. of NEB) of Section Nine (9) for five hundred four and seven tenths (504.7) feet; thence North at right angles for a distance of one hundred twenty-five (125) feet; thence East and parallel with the South line of said North- west Quarter of the Northeast 'quarter (NW* of NE) of Section Nine (9) for five hundred four and seven tenths (504.7) feet more or less to the point of beginning. Subject to a fifty (50) foot road casement, the centerline G f which is des_ cribed as follows: Commencing at the Northeast (NE) corner of the Northwest Quarter of the Northeast Quarter (NW of NE) of Section Nine (9); thence South along the Fast line of said Northwest Quarter of the Northeast Quarter (NW-14 of NE1) of • , • , ill o Section Nine (9) for one thousand one hundred seventy-three and four tenths (1,173.4) feet to the point of beginning of the centerline of this fifty (50) foot easement; thence West and parallel with the South line of said Northwest Quarter of the Northeast Quarter (NW* of NE) of Section Nine (9) for six hundred seventy (670) feet, and there terminating. II. That the above area is unincorporated and abuts upon the City of Oak Park Heights in that said property touches the City of Oak Park Heights at its northwest corner, and that along its entire northerly boundary the only property intervening between it and the City of Oak Park Heights is owned by the State of Minnesota. III. That the total area of Oak Park Heights is 1,800 acres and that the total area of the territory sought to be annexed is 35 acres. IV. That the natural terrain of the area, including general topography, major watersheds, soil conditions, rivers, lakes and major bluffs is as follows: Generally rolling terrain, draining south and east. V. That t!-e preliminary population estimates for the 1980 census for the City of Oak Park Heights is 2,330, for the Town of Baytown is 850, and that the population of the property subject to annexation is 0 (none). VI. That the property is presently zoned as single family residential (5 acre minimum) and agricultural under the Washington County zoning plan; that it is being utilized for agricultural purposes; and that the proposed development of the property would be residential under a PUD. VII. That present governmental services being provided in the area are provided primarily by Washington County. VIII. That no sewer or water services are presently provided but that the same are available to the property through the City of Oak Park Heights. That develop- -2- . II • . • • ! oit ment of the property on any basis except large lots (5 acres or more) is not practical without harm to the environment without central water and sewer services. Ix. That the City of Oak Park Heights has an assessed valuation as of 1980 of $43,343,294, the mill rate as of 1980 is 10.840, and the bonded indebtedness as of 1980 is approximately $1,760,000.00. The assessed valuation as of 1980 of the area proposed for annexation is $8,045.00. The assessed valuation of the township is approximately $4,105,745.00 as of 1980 and the mill rate is 2.457. The mill rate of the other governmental entities levied upon which this property which would remain unaffected by annexation are: County 26.330, Metro District 4.007, and School District 43.286 as of 1980. X. That if the property is to be developed for residential purposes, annexa- tion to the City of Oak Park Heights is the best alternative to provide required governmental services. XI. That the ability of the remainder of the Township to continue to function wol'ld remain unimpaired by annexation of the subject property. XII. That the parties entitled to notice of this Petition under Minnesota Statutes 414.09 -are: City of Oak Park Heights, City of Oak Park Heights Planning Commission, Washington County, Washington County Planning Commission, Baytown Township, and Baytown Township Planning Commission. Based upon the foregoing facts, the undersigned respectfully petition the Minnesota Municipal Commission for annexation of the above described property to the City of Oak Park Heights in accordance with the provisions of Minnesota Statutes 414.931. Dated this 22nd day of April, 1981. /- \/ -3- Speed Message ker l rcue� La vonne Wilson 9, ■ ■ Subject, Petition for Annexation Date May 18 Enclosed is a copy of the petition for annexation of 35 acres south and west of the prison site. Should you require further information, please do not hesitate to contact me. Enclosnae Signed . _ WiisonJones GRAVURE FORM 44-900 2-PART 01976•PRINTED INU.S.A. 411 _44) CITY OF OAK PARK HEIGHTS MINU'rFS OF MEETING HELD MONDAY, MAY 11 , 1981 Call to order by Mayor Mondor. Present : O' Neal , Westphal , Seggelke, Eckberq, Wilson, Eronken and Anderlik.Present : Lang Clerk read public hearing notice, presented affidavit of publication and mailing list for hearing on application for a conditional use t permit for Fred ' s Tire Company. Westphal moved to close hearing with O'Neal seconding. 4 aye votes. Carried. Seggelke moved to adopt a resolutior1 to approve the CUP based on the following requirements. Individual entrance and exits to provide better circulation throughout, removal of existing canopy, installation of perimeter curbing and grassy area in order to compliment and augment the business community, submit details on colors and materials, provision for noise control and proper site drainage with the approval of the City Engineer. Seconded by O' Neal . Roll call vote taken with 4 aye votes . Carried. Mondor moved to approve the bid for 10 ceiling lights at X2 .00 each. Seconded by Westphal . 4 aye votes . Carried . Continuance of hearing for Swager Bros. , 60th and Stagecoach variance request. O'Neal moved to close hearing with Seggelke • seconding. 4 aye votes. Carried. Seggelke moved to deny the variance request, seconded by O'Neal. Roll call vote taken with 4 aye votes. Denied. Clerk read public hearing notice, presented affidavit of publication and mailing list for hearing on application for variance for S. Kuehn. The proposal to build a garage as specified on the site plan does not require a variance. westphai moved to refund Mr. Kuehn $70.00. Seconded by Seggelke. 4 aye votes. Carried. Seggelke moved to adopt a r ,,gpl.pproving the petition for vannexation as submitted by H. Kimmel for 35 acres of property located in Baytown Township which is contiguous to the City of Oak Park Heights. Seconded by O'real. Roll call vote taken with four aye votes cast. Adopted. Mr. Joe Anderlik from the Engineer' s office presented the Council with data regarding the proposed water and sewer increases. Public hearing date will be scheduled May 26th for some time in June or July. • Seggelke moved to adopt an amendment to rtAg a' i nA 08024 correcting mechanical permit fees. Minimum permit to cost $30 .00 . One percent of contract for the first $•100, 004.00 and one-half percent over and above $100, 000,00. Seconded by O'Neal. Roll call vote taken with four aye votes. Adopted. _ , • • • HAROLD D. KIMMEL ATTORNEY AT LAW 124 SOUTH SECOND STREET P. 0. BOX 18 STILLWATER, MINNESOTA 55082 STILLWATER 439-6065 JOHN L. GUNDERSON AREA CODE 612 June 4, 1981 Mr. Lyle J. Eckberg Attorney at Law 126 South Second Street Stillwater, Minnesota 55082 Dear Lyle: I am enclosing the Agreement which Mark Vierling submitted to me. Leighton got out of town without signing it but I have discussed it with him and he concurs. It is my understanding as far as the attorney's fees that it is your intention that I will handle the proceedings insofar as is possible. Thank you for your help. /. ---71/7 Ve truly yours, Y Harold D. Kimmel HDK/p Encls. 110 AGREEMENT WHEREAS, the undersigned are the owners of real property located in Baytown Township, being more specifically described in the attached proposed resolution submitted to the City of Oak Park Heights; and, WHEREAS, the City of Oak Park Heights will necessarily incur expenses for the appearance, preparation, and testimony of city staff engineers, planners, and attorneys at annexation hearings that may be conducted by the Minnesota Municipal Board with regard to this proposed annexation. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. That the undersigned shall fully and completely reimburse and pay to the City of Oak Park Heights all costs, and expenses incurred by the City of Oak Park heights for attendance, preparation and testimony of city staff, engineers, planners, and attorneys at any annexation hearings conducted before the Minnesota Municipal Board with regard to the proposed annexation and any and all legal expenses reasonably related to subsequent appeals from 410 111 To : MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St . Paul , Minnesota 55101 A-0001 , XYZ City and ABC Township S T I P U L A T I O N The City of and the Town of stipulate and agree to the following facts concerning Minnesota Statutes 414 .031 to-wit: Section 414. 031 , Subd . 4(a ) Population Data : a . The City of • 1 . In there were residents . 2 . The present estimated population •i s S 491 fro, 3. By , the projected population is b . The area subject to annexation : 1 . In there were residents . 2 . The present estimated population is 3. By , the projected population is • c . The Township of 1 . In there were residents . 2 . The present estimated population is 3. B y _ , projected population is Section 414.031 , Subd. 4(b) (c ) Geographic Features : a . The area subject to annexation is unincorporated and abuts the City of of the City a b . The total area y of is approximately Y acres/miles . The total area of the territory subject to annexation is approximately acres/miles . c . The perimeter of the area to be annexed is approximately % bordered by the municipality. d . The natural terrain , including general topography, major water- sheds , soil conditions , and natural features such as rivers , lakes , and major bluffs is : Section 414. 031 , Subd. 4(d) - i` The pattern of physical development , including land already in use , in the process of being developed , and remaining for vari•,us uses . • 1 . Area in use • a. In the City of 1 . Residential : acres 4. Industrial : acres . 2 .. Institutional : acres 5. Agricultural : acres 3. Commercial : acres 6 . Vacant land : acres • b . In the area subject to annexation : 1 . Residential : acres 4. Industrial : acres 2 . Institutional : acres 5. Agricultural : acres 3 . Commercial : acres 6 . Vacant land : acres I . • 1 -2- c . In the Township of 1 . Residential : acres 4. Industrial : acres 2 . Institutional: acres 5 . Agricultural : acres 3 . Commercial : acres 6 . Vacant land : acres 2 . Area being developed a . In the City of 1 . Residential : acres 4. Industrial : . - acres 2 . Institutional : acres 5 . Agricultural : acres 3. Commercial : acres b . In the area subject to annexation : 1 . Residential : acres 4. Industrial : acres 2 . Institutional : acres 5 . Agricultural : acres 3 . Commercial : acres • c. In the Township of 1 . Residential : acres 4 . Industrial : acres 2 . Institutional : acres 5 . Agricultural : acres . 3. Commercial : acres 3. Area remaining for various uses a . In the City of •• 1 . Residential : acres 4 . Industrial : acres 2 . Institutional : acres 5 . Agricultural : acres 3 . Commercial : acres b . In the area subject to annexation : 1 . Residential : acres 4 . Industrial : acres 2 . Institutional : acres 5 . Agricultural : acres 3. Commercial : acres • • c . In the Township of 1 . Residential : acres 4. Industrial : acres 2 . Institutional : acres 5 . Agricultural : acres 3 . Commercial : acres _ Section 414. 031 Subd. 4(d) Transportation : 1 . The present transportation network is : a. In the City of b . In the area subject to annexation : 2 . Potential transportation issues include: Section 414. 031 , Subd . 4(e) Land use controls and planning , including comprehensive plans , in the city and the area subject to annexation : 1 . In the City of a . Zoning b . Subdivision Regulations c . Comprehensive Plan d . Official Map e . Capital Improvements Program f . Fire Code g . Building Inspector h . Planning Commission i . Other • -3-� 2 . In the Township of a . Zoning b. Subdivision Regulations c . Comprehensive Plan d . - Official Map e . Capital Improvements Program f . Fire Code g . Building Inspector h . Planning Commission i . Other 3. In the' County of a . Zoning b. Subdivision Regulations c. Comprehensive Plan d . Official Map e . Capital Improvements Program f. Fire Code g . Building Inspector h . Planning Commission i . Other 4. * The Metropolitan Council provides the following planning and land use services : Section 414. 031 , Subd. 4 (e) If there is an inconsistency between the proposed development and the planning and land use controls for the area , what is the reason for said inconsistency? • Section 414. 031 , Subd. 4(f) (g ) (h ) Governmental Services : 1 . The Town of provides the area subject to annexation with the following services : a . water: b . sewer : - c. fire protection and rating : d. police protection : e. street improvements : f. street maintenance : • g . recreational : • h. administrative services : i . other: 2 . The City of provides its residents with the following services : a . water : b . sewer: c. fire protection and rating : d. police protection : e. street improvements : f. street maintenance : g . recreational : h. administrative services : i . other : 3 . The City of provides the area subject to annexation with the following services : III -4i • • a . water : b . sewer : c. fire protection : d. police protection : e . street improvements : f . street maintenance: g . recreational : h . administrative services : i . other : Existing or potential environmental problems and the need for additional services to resolve these problems : Plans and programs by the annexing municipality to provide needed governmental services for the area proposed for annexation include : . Section 414. 031 , . Subd. 4( i ) 1 . Tax Base a .' In the City of , the tax bas.e includes the following : 1 ) Residential property in was valued at $ generating $ in taxes or _ % of the total . • 2 ) Commercial property in was valued at $ generating $ _ in taxes or % of the total . 3) Industrial property in was valued at $ generating $ in taxes or % of the total . 4) Agricultural property in was valued at $ , generating $__ in taxes or -% of the total . 5) Vacant land in was valued at $ , generating $ in taxes or % of the total . 6) Non-taxable property a . Institutional use in included acres worth , as developed , $ b . Other non-taxable uses (such as roadways , parks ) in included acres/miles . • b . In the Township of , the tax 'base includes the following : 1 ) Residential property in was valued at $ generating $ in taxes or % of the total . 2) Commercial property in was valued at $ generating $ in taxes or % of the total . 3) Industrial property in was valued at $ generating $ in taxes or % of the total . 4) Agricultural property in was valued at $ generating $ in taxes or % of the total . • 5 ) Vacant land In was valued at $ generating $ • in taxes or . % of the total . 6 ) Non-taxable property a . Institutional use in included acres worth , as developed , $ • 4 410 b . Other non-taxable uses (such as roadways , parks ) in included acres/miles . c . In the area subject to annexation , the tax base includes the following : 1 ) Residential property in was valued at $ generating $ in taxes or % of the total . 2 ) Commercial property in was valued at $ generating $ in taxes or % of the total . 3) Industrial property in was valued at $ generating $ in taxes or % of the total . 4 ) Agricultural property in was valued at $ , generating $ in taxes or % of the total . 5 ) Vacant land in was valued at $ generating $ in taxes .or % of the total . 6 ) Non-taxable property • a . Institutional use in included acres worth , as developed , $ • b. Other non-taxable uses (such as roadways , parks ) in included acres/miles . 2 . Fiscal Data a . In the City of 1 ) Mill rate in is/was 2 ) Bonded indebtedness in is/was b. In the Township of •• 1 ) Mill rate in is/was 2 ) Bonded indebtedness in is/was c. In the area subject to annexation : 1 ) Mill rate in is/was 2) Bonded indebtedness in is/was d. Mill rate in 1 ) County in is/was 2 ) School district in is/was 3) Township in is/was Section 414 . 031 , Subd. 4(j ) Relationship and effect of the proposed annexation on area school districts and on adjacent communities : Section 414 . 031 , Subd . 4( k) Adequacy of town government to deliver services to the area proposed for annexation : Section 414. 031 , Subd . 4(1 ) Could necessary governmental services best be provided by incor- poration or annexation to an adjacent municipality or township? 411 - -6411 , • Section 414. 031 , Subd . 4(m ) Present assessed valuation of the Town of • Present assessed valuation of ro osed annexation p p exation area : New valuation of the Town of if entire area is annexed: If the annexation is approved , should the remainder of the township : a. be incorporated? b . be annexed to another municipality? c . be annexed to another township? Section 414. 031 , Subd . 5 A majority of property owners have/have not petitioned the Minne- sota Municipal Board requesting this annexation . AGREED BY : • City of , this day of 19 . Mayor City Clerk AGREED BY : Town of , this day of , 19 • Chairman Town Clerk (REV. 3/78) A-3826 Oak Park Heights • • • BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Thomas J. Simmons Chairman Robert W. Johnson Vice Chairman Robert J. Ferderer Member County Commissioner Ex-Officio Member County Commissioner Ex-Officio Member • IN THE MATTER OF THE PETITION ) FOR THE ANNEXATION OF CERTAIN ) NOTICE OF HEARING LAND TO THE CITY OF OAK PARK ) HEIGHTS 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 2nd day of September, 1981 in the Oak Park Heights City Hall, Council Chambers, 14168 -- 57th Street No. , Oak Park Heights, Minnesota commencing at 9:30 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 purchased from the Documents Section, 117 University Avenue, St. Paul, Minnesota 55155. ) The property proposed for annexation is described as follows: All of the Northwest (`darter of the Northeast nuarter (Nr1 of NE ) of Sec- tion Nine (9), Township Twenty-nine (29) North, Range Twenty (20) West except the following: Commencing at the Northeast (NE) corner of the Northwest Quarter . of the Northeast Quarter (NW of NEn) of Section Nine (9); thence South along the East line of said Northwest Cuarter of the Northeast fuarter (N4 of NE1) of Sec- tion Nine (9) two hundred ninety-four (291t) feet to the point- of beginning; thence West at right angles for two hundred (200) feet; thence South and parallel with the Fast line of_said Northwest Quarter of the Northeast Quarter (N . of Pte;) of Sec- tion Nine (9) , for seven hundred twenty-nine and four tenths (722.4) feet; thence . West and parallel with the South line of said Northwest Quarter of the Northeast • Quarter of NF-4) of Section Nine (9) for four hundred seventy (1170) feet; thence South and parallel with the East line of said Northwest Quarter of the . Northeast.Quarter. (NG. of NE? ) of Section Nine (9) for one hundred twenty-five • (125) feet; thence East and parallel with the South line of said Northwest Quarter of the Northeast Quarter (N:v`• of Wt) of Section Nine (9) a distance of six hundred seventy (670) feet to the East line of said Northwest Quarter of the Northeast Quarter (NW of NE:) of Section Nine (9); thence North along the Fast line of said Northwest Quarter of the Northeast Quarter (N??q of NFr?.) of Section Nine (9) a • distance of eight hundred- fifty-four and four tenths (854.4) feet more or less to the point of beginn ng. Also excepting the following: Commencing at the Northeast (NE) corner of the Northwest Quarter of the Northeast Quarter (NWT of NF?-) of Section Nine (9); thence South along the East line of said Northwest Quarter of the Northeast Quarter (NW* of NE1) of Section Nine (9) a distance of one thousand one hundred ninety-eight and • four tenths (1,198.4) feet to the point.of beginning; thence continue South along the Fast line of said Northwest Quarter of t'.'e Northeast Quarter (NW of NEt) of Section Nine (9) for one hundred twenty-five (125) feet more or :Less to .the South- east corner of said Northwest Quarter of the Northeast Quarter (10V of NE!;) of Section Nine (9); thence West along the South line of said Northwest Quarter of the • • . • - 2 - Northeast (hiarter (NW;- of NF ) of Section Nine (9) for five hundred four and seven tf'=nths (5Oi4.7) J7ce"i.; thence North at right angles for a distance of one hundred • ' twenty-five (l25) feet; thence Fast and ,)arallel with the South line of said North- west quarter of the Northeast 'quarter (NW of NE ) of Section Nine (9) for five hundred four and seven tenths (50)4,7) feet more or less to the, point of beginning. Subject to a fifty (50) foot road easement, the centerline of which is des- cribed as follows: Co mencing at the Northeast (liE) corner of the Northwest Quarter of the Northeast Quarter (Nw of Ni )s of Section Nine (9); thence South along the Fast line of said Northwest Quarter of the Northeast Quarter (Ny of NE ) of Section Nine (9) for one thousand one hundred seventy-three and four tenths (1,173. ): feet to the point of beginning of the centerline of this fifty (50) foot easement: thence West and parallel with the South line of said Northwest Quarter of the Northeast Quarter (N1",?i of N 'y) of Section Nine (9) for six hundred seventy (670) feet, and there terminating. After the 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 3th day of August, 1981 MINNESOTA MUNICIPAL BOARD Suite 165 Metro Square Building ' St. Paul, Minnesota 55101 1//)) MA j IA-Ajt Terrence A. Merritt Executive Director • • • • • 1 t.�; { 1 '\ i4 TICE F HEARING t , BEFORE-NEMUNICIPAL BOARD OP THE STATE OF MINNESOTA was J.Simmo Chairman n ine"dnB jR MMrlhAll. Robert W. erdeo the Vice.Chairman Northwest(�/4 of N#t/4) Of WOW Rouen Commissioner J. s Nine (9); thence South along the Slat Member i(ne of said Northwest Quarter of the i,nty' ficM Ex Officio ssIOn Northeast Quarter (No1/4 of NE1/4).of • om issem r Section Nine (9) a distance of one � county C � thousand one hundred ninety-sight and THE MATT MATTER OF THE PETITION four tenths one hundr feet n the ht point a d of IN TNT MANNER OP LAN THE ANNEXATION CI AF CERTAIN beginning; thence said continue w South along LAND TO THE CITY OF TO PARK the East line of HEIGHTS PURSUANT TO MIN- of the Northeast Quarter (NW1/4 of Nfd$OTA hereby iventhatapublichearing NE1/4) of Section Nine (9) for f mere or Notice e d pursuant ugY0 hundred twenty-five the Minnesota less to the Southeast corner of said will be held bo�,ennesota Statutes Northwest Quarter of the Northeast. 414, as Municipal Boa Northw- (NTQIar of Nf the aT )the st mt he Board in the above•entifled ■ Nine (9);.Thence West along the South ai d on t e 2nd a of Quarter of the ,Tia#ringwi(C be lei it line of said, Northwest Qua Tie 1 Cn the rs, 4168 ll�hS Northeast Quarter (NW1/4 of NE1/4)of Sep� a Height 1+/Mi1 - sot Sc Section Nine (9) for five hundred four Minnesota corn- and seven tenths (504.7) feet; thence NO-,mewing ":3 a.m. Ail persons shell be elvenini) at flrf iemr+ibAbe heard orally,and North at right angles for a distance of one yCVe u n _ statements' or hundred twenty-five (125) feet; thence bn is written data, East and parallel with th)the the South line inen to st► the above-entitled ao orthwest Q arguments coi+cerntn9 said N evidence shall be Quarter (NW1/4 of NE1/4) of Section matter.The right to testify and the admission Nine(9)for five hundred four and seven and other Municipal a the Rules of flth".Minnesota tenths (504.7) feet more or less to the MuniCipat goal;d.(The rules p c the eed from the point of beginning. Muali ipai Board may 17 University Ayg1Ue, Subject to a fifty (50) foot road p. Paul,fs $ iota 15155) 1 easement, the centerline of which Is St.Paul,Minnesota at proposed described as follows:Commencing at the The property proPos�,for annexation is Northeast(NE)corner-of the Northwest h ih Northeast Quarter(NW1/4 T P Quarter of Qua (9); thence follows: Nine (4), as fol file Section Ni deNortheast d of NE1/4)'of Sect NE1/4) of Ail of the Northwest Quarter Of South along the East line of,slid Nor- (29)tion Nine (99),ToWnship�Twenty-ni a South along the of the Northeast s Quarter. (29) North, Range Twenty (20) West (NW1/4 of NE1/4)of Section Nine(9)for except the following:Commencing at the one thousand one hundred seventy-three and four tenths one hundred feet to seventy-three point Northeast the coat!)of the Northwest of and fr tenths of the cent)feet o the flint Quarter E1 o)the Northeast Quarter Ie 9);(thence (50) foot beginning of the centerline thence o f his and of,rsl&1/4) of Sec (50)parallel with the South thence Said North- Quarter the of said )ter the Nine of Sa Quarter hundred along Quarts Quarter of SOU he st a lowest Quarter of the N+2i'! a west (it► feet to the (NW1/4 of NE1/4)of Section Nine (9)for 1.NW1/4of NEt/4l of Section Nine(9)two point of ninety-four thence six,hundred seventy,(670)teet,and there point of beginning; Hence West at right the 1 terminating,angles (200)feet;thence After the testimony is complete will mee from saidhend Parallel a ter the East the st. record is closed, the Boa aril t W 4 Quarter of the Northeast time to time to deliberate,approve and issue Nine (9)for seven of NErld) of tyt Section its findings and order.Persons desiring to be thence West present at such meetings or conference ca Nine (9) forseyen hunatred fwettty-nlne should Corned the goai'd Office. andTaliir l with th Het;dine and hwest with the South line Noof rtheast said bated *MS 3rd day of August., 1 Northwest `Quarter. of the of Section MiNNESOTA'MUNICIPAL B ARD art(9)for to of hundred of Se 47©) Suite 165 Metro Square Building . Nine (9)ice four handed all seventy i St. Paul,Minnesota 55101 thence South and parallel with the � /s/Terrance A. Merritt East Torrance A. Merritt East fine of said Northwest Quarter o 4 orran ve Direct; ki - the Me t nn t Quarter(NW1/4 of NE1f4) Ion' Nine ee for one hundred ,} , , . aM ( 5)feet; thence East and ; WOW Quarter arM the sPe Mo Hite of said North- i,1 west Qu#fifer of the Northeast Quarter (4W'1//4 of'NE1/4)Of Section Nine (9)a d► . - distan of six hundred seventy(670)feet to the East' line of Said Northwest Quarter of the Northeast Quarter(NW1/4 of NE1/4) of Section Nine (9); thence North along the East line of said Nor- , Quarter M�p� ) strat Mae Si a f� • i • City of Oak Park Heights Minutes of meeting held Monday, August 24, 1981 Page two - continued O'Neal moved to amend the original Conditional Use Permit for Fred's Tire Company to include the placement of a pre-built garage on the northeast corner of the property subject to the Building Code requirements and enforced by the City Building Official and the Planner's recommendations in their report dated July 8, 1981 . Seconded by Westphal. 4 aye votes. Carried. Seggelke moved to authorize City Planner to initiate public hearing and prepare appropriate reports with regard to the amendment to the OPH Comprehensive Plan annexing the proposed Kimmel addition of approximately thirty five acres, west of Osgood and south of the DNR property. Public Hearing to be scheduled Monday, September 14, 1981 at 8: 15 P.M. Seconded by O'Neal. 4 aye votes. Carried. Seggelke moved to waive the one million dollar general liability insurance from Horak Trucking and reduce it to five hundred thousand dollars and authorize Mayor and Clerk to sign agreement for diseased tree removal. - . Seconded by O'Neal. 4 aye votes. Carried. Seggelke moved to direct clerk to contact Washington County regarding clean up of brush in ravine south of 6142 Paris Avenue.due to a-citizen complaint. Seconded by Westphal. 4 aye votes. Carried. O'Neal moved to accept the Auditing/Accounting Services for 1981/1982 of DeLa Hunt Voto & Co. , LTD and direct Mayor and Clerk to sign the agreement. Seconded by Seggelke. 4 aye votes. Carried. Seggelke moved to direct Mayor aed Clerk to sign the 1981 Shade Tree Program agreement. Seconded by Westphal. 4 aye votes. Carried. Seggelke moved to approve banking. ;ansactions. Details available at Clerk's office. Seconded by 0' 14 4 aye votes. Carried. Seggelke moved to direct acting 16syor Lang to sign agreement with DeLaHunt Voto & Co. , LTD dealing with financial managemlent and planning services and concurring with their letter dated August 18, 1981. Seconded by Westphal. 4 aye votes. Carried. O'Neal moved to table and delay the selection process for appointment of vacancy of Mayor until September 14th meeting. Seconded by Westphal. 4 aye votes. Carried. Westphal moved to adjourn with Seggelke seconding. 4 aye votes. Adjourned. C:27:-. e)16.4,--%Oa'"1/440110.910. La Vonne Wilson, Clerk-Treasurer City of Oak Park Heights �� • !1n Equal Opportunity Employer Phone: 296-2428 Q, � MIN1�E" STATE OF MINNESOTA MUNICIPAL BOARD Suite 165 Metro Square 7th & Robert Streets St. Paul, Minnesota 55101 August 4, 1981 MMB Docket No. A-3826 Oak Park Heights (Kimmel, Peterson, Swanson, Johnson) Ms. LaVonne Wilson City Clerk/Treasurer City Hall 14168 - 57th Street No. Oak Park Heights, Minnesota 55082 Be: Preparation for hearing Dear Ms. Wilson: A hearing will be held by the Municipal Board on the above-proposed boundary adjustment. Minnesota Statutes 414 requires the Municipal Board to consider certain specified factors in arriving at its decision. It is important that you are prepared to present adequate testimony so that the board can arrive at the best decision for the total area. The evidence presented on the record will serve as the basis for the order subsequently issued by the board. Stage aids to your governmental unit may be adjusted because of the board's decision and will be based upon the evidence received a t the hearing. One example is that the Department of Revenue will adjust the Local Government Aids distribution based on the data you present at the board hearing on the following: (1) population breakdown of the territory proposed for annexation, the city, and the township, (2) the assessed value of the property proposed M for annexation, the city, and the township, (3) the township mill levy, for township purposes only, on the area proposed for annexation payable in the year of the annexation. The parties involved may jointly stipulate facts into the record to expedite the proceeding. Enclosed with this letter is a possible format for preparing a stipulation. This format may also serve as a guide for the presentation of evidence at the hearing. The stipulation should not be regarded as complete evidence for the proceeding, but rather as a useful tool to assist in the preparation for the hearing. If complete and accurate information and maps are presented at the hearing it will facilitate a more expeditious decision. ! i i Page Two • We recommend that you purchase the Minnesota Municipal Board Rules of Practice from the Documents Section, 117 University Avenue, St. Paul 55155. These rules outline the procedures fr the conduct of an Annotated immedatelg The rules are also contained following Chapter 41/ in the pocket part. If you are going to have legal representation at the hearing, it is strongly recommended that you forward this letter to your attorney. Please contact our office if you have any questions. Sincerely, MUNICIPAL BOARD • , Patricia D. Lundy Assistant Executive Director PUL:mem (Rev. 11/80) • • • • • • • • 4titar1 sw olq �!. . 0� ¢' Terry Merritt, Executive Director Minnesota Municipal Board August 26, 1981 300 Metro Square Building Page Two Saint Paul, Minnesota 551W Telephone 612/291-6359 If this property is annexed, the City will need to amend both its Comprehensive Plan and its Comprehensive Sewer Plan. In addition, all parties involved in this proposal should be cognizant of the two most critical factors the Council will consider in reviewing an amendment. First, does there appear to be a justifiable need for additional land available for development? Second, will the amendment exceed the sewer capacity and/or flow allocation? While the previous two items are the most probable areas of concern to the Council, the Plan amendment will be reviewed against all Council policies and system plans. Since there appears to be the potential for substantial departure from or inconsistencies with Council plans and policies, we wish to alert you to the potential impacts as early in the process as possible. Sincerely, METROPOLITAN COUNCIL • Celevtiamot/ Charles R. Weaver Chairman CRW:dk cc: aVonne Wilson, Clerk, City of Oak Park Heights Russell Kirby, Clerk, Baytown Township Harold Kimmel, Attorney Mary Hauser, Metropolitan Council District No. 14 ,,g ` tdv An Agency Created to Coordinate the Planning and.Development of the Twin Cities Metropolitan Area Coniprisi ng: Anti-..t Antt-..t I'vunty t"Carver Crniaty i Dakot;t cowl iienno pin County Ramsey County r Scott Cott try o Wasinngt ,_;uz, • • alitao tr" Coo goict Mb jGri1 Any August 26, 1981 rN cyTttiy�`� •300 Metro Square Building Terry Merritt, Executive Director Saint Paul,Minnesota 55101 Minnesota Municipal Board Telephone 612/291-6359 165 Metro Square Building St. Paul, Minnesota 55101 Dear Mr. Merritt: This letter is in response to a hearing notice received proposing the annexation of land from Baytown Township to the City of Oak Park Heights (File A 3826), and to bring to your attention the potential impacts of this proposal . From the information available to us, it appears that the proposal raises potentally serious questions about its consistency with local and regional plans. In a discussion with the attorney representing the petitioners (the four people who own the property) , the most probable use of this property will be for townhouses or single-family residential uses. The attorney also indicated that the area would be served by sanitary sewer. This would require the extension of sewer through a large (100 acre) conservation/open space area which lies between the nearest interceptor at the new state prison and the annexation area. The review of Oak Park Heights' Comprehensive Plan was completed on May 14, 1981 and was found to be consistent with all metropolitan systems. However, the Plan forecasted a sewer flow in excess of the flow allocation found in the regional Water Quality Management Policy Plan (WQMPP). This excess flow is due to the new state prison facility. When the WQMPP is amended, the flow forecast will reflect the anticipated flow from the new prison. However, the Oak Park Heights Comprehensive Plan flow forecast will still be slightly higher than the WQMPP. With the addition of this annexation area and its potential for residential development, the City's sewer flow would significantly exceed its allocated flow. Oak Park Heights is part of the Stillwater Freestanding Growth Center which includes Stillwater, Bayport and part of Stillwater Township. The Oak Park Heights' Plan review indicates that the expected development in the Freestanding Growth Center will be accommodated by the existing supply of land for development in the area without the need for additional land. The Plan also addressed areas which, at the time of its writing, were proposed for annexation. Two of the three areas discussed were annexed to Oak Park Heights. These areas added to the City's supply of developable land. The area currently proposed has not been planned for by the City nor has Baytown Township's Plan been submitted for review, so plans for this area by either community are unknown at this time. • An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: .'■■unt.y 0 Carver C'nunty ,, Dakota Cua,r<t. tlennwpin County F;<tnoo'y County Scott Coruety O'W.nshington county September 3, 1981 Stillwater Casette Stillwater, Mn. 55082 Gentlemen: Please publish the following notice Friday, September 4, 1981. NOTICE OF PUBLIC HEARING :AMMENOMENT TO COMPREHENSIVE PLAN , . f IN THE CITY OF OAK PARK HEIGHTS WARRINGTON COUNTY, MINNESOTA DICE IS HEREBY GIVEN that the City Council of the City of Oak Park Heights, Washington county, Minnesota, shall hold a public hearing to consider an ammrendment_ to the City Comprehensive Plan for annexation of property consistin8... of approximately 35 acres .lying south of the DNR property and west of Osgood Avenue North. The hearing shall be held Monday September 14, 1981 at 8:15 P.M. at the Municipal Building, 14168 37th St. North, Oak Park Heights, Minn, All written and oral teetimoney will be considered. Dated this 3rd day of September, 1981. La Vonne Wilson, Clerk-Treasurer Cijp of Oak Park Heights l a t< • • • Iltara firN_ htt Mh August 26, 1981 I N C1' 300 Metro Square Building'. Terry Merritt, Executive Director Saint Paul,Minnesota 5510 Minnesota Municipal Board Telephone 612/291-6359 165 Metro Square Building St. Paul, Minnesota 55101 Dear Mr. Merritt: • This letter is in response to a hearing notice received proposing the annexation of land from Baytown Township to the City of Oak Park Heights (File A 3826) , and to bring to your attention the potential impacts of this ) � 9 Y P p proposal . From the information available to us, it appears that the proposal raises potentally serious questions about its consistency with local and regional plans. In a discussion with the attorney representing the petitioners (the four people who own the property) , the most probable use of this property will be for townhouses or single-family residential uses. The attorney also indicated that the area would be served by sanitary sewer. This would require the extension of sewer through a large (100 acre) conservation/open space area which lies between the nearest interceptor at the new state prison and the annexation area. The review of Oak Park Heights' Comprehensive Plan was completed on May 14, 1981 and was found to be consistent with all metropolitan systems . However, the Plan forecasted a sewer flow in excess of the flow allocation found in the regional Water Quality Management Policy Plan (WQMPP) . This excess flow is due to the new state prison facility. When the WQMPP is amended, the flow forecast will reflect the anticipated flow from the new prison. However, the Oak Park Heights Comprehensive Plan flow forecast will still be slightly higher than the WQMPP. With the addition of this annexation area and its potential for residential development, the City's sewer flow would significantly exceed its allocated flow. Oak Park Heights is part of the Stillwater Freestanding Growth Center which includes Stillwater, Bayport and part of Stillwater Township. The Oak Park Heights' Plan review indicates that the expected development in the Freestarding Growth Center will be accommodated by the existing supply of land for development in the area without the need for additional land. The Plan also addressed areas which, at thd`time of its writing, were proposed for annexation. Two of the three areas discussed were annexed to Oak Park Heights. These areas added to the City's supply of developable land. The area currently proposed has not been planned for by the City nor has Baytown Township's Plan been submitted for review, so plans for this area by either community are unknown at this time. c An.Agency Created to r;oordinato the Planning; ,potent of the Twin Cities Metropolitan Area Comprising: :1.,:,h c •l iiiy C ryer t'mwnty 1)„1 ,1 1.. ti..r.,,..i,;t ., i. • • tit a 6? ® ai 0� 7 w Terry Merritt, Executive Director 4t, <wiN ct1'wg�r Minnesota Municipal Board August 26, 1981 August Two 300 Metro Square Building Saint Paul, Minnesota 55101 Telephone 612/291-6359 • If this property is annexed, the City will need to amend both its Comprehensive Plan and its Comprehensive Sewer Plan. In addition, all parties involved in this proposal should be cognizant of the two most critical factors the Council will consider in reviewing an amendment. First, does there appear to be a justifiable need for additional land available for development? Second, will the amendment exceed the sewer capacity and/or flow allocation? While the previous two items are the most probable areas of concern to the Council, the Plan amendment will be reviewed against all Council policies and system plans. Since there appears to be the potential for substantial departure from or inconsistencies with Council plans and policies, we wish to alert you to the potential impacts as early in the process as possible. Sincerely, • METROPOLITAN COUNCIL Charles R. Weaver Chairman CRW:dk cc: LaVonne Wilson, Clerk, City of Oak Park Heights Russell Kirby, Clerk, Baytown Township Harold Kimmel , Attorney Mary Hauser, Metropolitan Council District No. 14 An Agency Created to C mrdinato the Planning and Development of tho Twin Citiee Metropolitan Area Comprising: r\11Ok. . uutily • Carver 1 uII. v j),.{..,•i.∎ (•.fIU,'l,t v ) IttUUr„•^ I ,.,u•t, , ... r MENDUM • T0: Oak Park Heights C Council y FROM David Licht f'• ' ' DATE: 11 September 1981 NORTHWEST ASSOCIATED CONSULTANTS RE: Comprehensive Plan Amendment-Kimmel Incorporated Anexation 4820 Minnetonka Boulevard, Suite 420 FILE NO: 798.02-81.22 Mpls., Mn. 55416 612/925-9420 A public hearing on a Comprehensive Plan Amendment addressing the Kimmel anexation matter is scheduled for Monday, 14 September. We are in the process of still assembling information on this matter and as a consequence would recommend that the hearing simply be opened and continued until 28 September. We do not anticipate this creating any major problem as the Municipal Commission has tabled consideration of the matter until late October. cc: LaVonne Wilson Lyle Eckberg Brad Lemberg II , munmrgiwmgmnirmmiPPmw-P- a City of Oak Park Heights Minutes of meeting held September 14, 1981 Page two Due to the holiday, Seggelke moved to hold the October 12th meeting on October 13th. Seconded by O'Neal. 4 aye votes. Carried. Seggelke moved to amend the comprehensive plan to incorporate • the Donald R. Anderson, et al, petition for annexation at the October 13th meeting at 7:00 P.M. Seconded by Lang. 4 age votes. Carried. Clerk read public hearing notice,& presented affidavit of publication , for public hearing on amendment to comprehensive plan. O'Neal moved to continue the hearing September 28th at 7:00 P.M. in order / to give the planner' s further time to compile information. Seconded by Westphal. 4 aye votes. Carried. Acting Mayor Lang called for nominations to fill the vacant position of Mayor. Westphal moved to nominate Lang, with Lang seconding. O'Neal moved to nominate Seggelke, with Seggelke seconding. O'Neal moved to close nominations, with Westphal seconding. 4 aye votes. Carried. One aye vote was cast by Westphal for Lang and one aye vote was cast by O'Neal for Seggelke. Being a tie vote, acting mayor Lang will make an appointment September 28, 1981. Acting Mayor Lang requested that anyone interested in the • position of Mayor should contact him at 439-3845. Westphal moved to accept the revised engineering rates which will become effective January 1, 1982. Seconded by Seggelke. 4 aye votes. Carried. O'Neal moved to approve reinvestments, details available at clerk' s office. Seconded by Seggelke. 4 aye votes. Carried. Seggelke moved to authorize clerk and deputy clerk to attend cash management - investment seminar October 7, 1981 and city to cover registration expense of $26.00. Seconded by O'Neal. 4 aye votes. Carried. Westphal made motion to adopt the resolution (with corrections) commemorating the dedicated services of the late Donald (Dewey) Mondor, Mayor of the City, to be formally presented to his family Sunday, September 20, 1981. Seconded by O'Neal. Roll call vote taken with 4 aye votes cast. Carried. • 1 • ! NORTHWEST ASSOCIATED CONSULTANTS INC. 10)1 or MEMORANDUM / TO: - Brad Lemberg FROM: Anne Bronken DATE: 15 September 1981 RE: Kimmel Property Annexation FILE NO: 798.02 - 81.22 The hearing for the Kimmel Property Annexation has been set for September 28, 1981. It appears that the utility service to the site and the means of assessment will be the major issues, especially due to the probability of the need for a lift station to provide sanitary sewer service. While the need for the Kimmel property is the immediate concern, it is also necessary to examine the annexation potential of surrounding land, as well . We would like to include all of Section 9 (T29N R2OW) in our study. Due to the nearness of the hearing date, we would appreciate receiving your findings on the provision of utility service to the (1) Kimmel Property and (2) Section 9, as well as general cost estimates and your view as to how the cost should be assessed. To guide your analysis, I have enclosed the Metropolitan Council 's criteria for reviewing annexation requests. Many of the criterion depend upon the sewer plans and facilities. Thank you for your prompt attention to this matter. cc: LaVonne Wilson Lyle Eckberg Otto Bonestroo 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 'R �. • • • NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Oak Park Heights City Council FROM: Anne Bronken DATE: 23 September 1981 RE: Kimmel Property Annexation FILE NO: 798.02 - 81.22 BACKGROUND Harold Kimmel has presented to the City a petition for annexing a 32.4 acre site located immediately south of the DNR property and west of Osgood Avenue. The northeast corner of the site is contiguous to Oak Park Heights. The property is currently in agricultural use. Much of the eastern edge of the property is backing 1 acre residential lots that front along Osgood Avenue. There is also residential development on the east side of Osgood Avenue. The site is bordered on the south and west by agricultural land. The property to the- ndrth is part of the state-owned Bayport Wildlife Management area and to the northeast is the new Minnesota State Prison site. The applicant has indicated an intention to develop the site residentially. However, the City will need to evaluate any potential annexation with regard for the City's development needs. It is also necessary to examine the area surrounding the specific site to determine whether additional annexable land lies in the general direction of the proposed annexation. For the purpose of this analysis, the remaining portion of Section 4 and all of Section 9, which encompass the subject site, has been chosen to define the study area (see Exhibit A). ISSUES AND ANALYSIS Development Factors 1. Utilities. In the event that annexation occurs, public utilities .will need to be extended to the site. Sewer and water service could be extended from the Osgood Avenue lines. The lines currently extend only as far south as the Valley View Park. It is likely that a lift station will be needed for the sanitary sewer line due to the drop and rise in elevation. The City Engineer is studying this matter. Due to the cost, the provision of utilities will be a major issue in the annexation determination. 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 41, Oak Park Heights City Council 23 September 1981 Page Two 2. Police and Fire Protection. Eugene Ostendorf, Oak Park Heights Chief of Police, foresees no problem with providing protection to the subject property. The response time would be one minute or less. Oak Park Heights contracts with the City of Bayport for fire protection. The Bayport Fire Chief, Sargeant Charles Swartz, also feels that good fire protection could be provided to the proposed annexation property. 3. BWMA Property. The DNR controlled Bayport Wildlife Management Area (BWMA) which lies directly to the north of the Kimmel property has been identified in the Comprehensive Plan as restriction to City growth (see Site Location Map, attached). It has been the subject of much concern in past years due to its utilization for hunting, since homes in the City of Oak Park Heights have allegedly been struck by bullets from the DNR land. However, when asked about the status of this property, a DNR representative stated that the State intended to maintain ownership of the property with no change in usage. (It should be noted that the only means of relinquishing state ownership of the BWMA is by replacement with another piece of land.) 4. Prison. Any development of the annexation property should be considered in relation to the new. Minnesota State Prison, located northeast of the property. In regard to residential development near the facility, a representative of the State Department of Corrections stated that some- times problems can arise after the unopposed prison and/or residences are in operation, such as complaints about lighting, etc. A representa- tive of the Oak Park Heights prison doesn't feel this particular facility will be aesthetically offensive to residences in the area due to the design of the site. He feels that residential development is compatible and desirable in the prison proximity. 5. Physical Conditions. The study area is a glacial moraine characterized by a mixture of soil patterns and irregular topography with slopes of up to 12 percent. The soils are generally silty loam in texture. The combination of the fine textured soil and topography create many poorly drained, wet, depressions across the study area. The soil and drainage conditions present severe limitations for individual septic sewer systems due to the wetness and slow rate of percolation. . The physical site conditions are generally good for both site development and r agricultural uses (moderate limitations are due to slopes and wet areas): ` • • 410 t y Oak Park Heights City Council 23 September 1981 Page Three 6. Airport. The Kimmel property is two miles northeast of Lake Elmo Airport. Nigel Finney of the Metropolitan Airports Commission has reviewed the property location and has confirmed in a letter dated 2 September 1981 that the airport will have no impact nor affect the development of the property. No part of the study area is located in an airport zone that imposes limitations on development. 7. Parks and Recreation. The northern edge of the property is mile from the City's Valley View Park and Brekke Park (the maximum recommended service radius of a park facility). The study area is 1 2 miles east of the County Fairgrounds, 1 mile west of the County Bike Trail that runs along Highway 95. The Lake Elmo Regional Park Preserve is 3 1 miles from the study area. It appears that no part of the study area is located so as to interfere or adversely impact a park or recreation area, or any natural system associated with the park area. 8. Transportation. Olinda Boulevard (Highway 14) and Osgood Avenue, two major arterials transect the study area. These existing circulation elements are exactly consistent with future area transportation plans. Oak Park Heights is the only city to which these minor arterials provide direct access. 9. Annexation Plans. The City of Oak Park Heights has included in the Comprehensive Plan proposed uses of contiguous land (see Exhibit B, attached) in anticipation of annexation. The Minnesota Municipal Board states in a letter dated August 26, 1981 that the Kimmel property has not been planned for as a potential annexation. However, it .should be clarified that only the three most probable annexation sites were speci- fically cited in the plan text and only the immediate perimeter area was indicated graphically. It was not the intent of either the text or the graphic to include all possible annexation sites. Especially the graphics were intended to be a conceptual indication of the most suitable use with regard to the direction of growth. On the Oak Park Heights proposed contiguous land use plan, the Kimmel property is situated between an urban residential designation to the north and a rural residential designation to the east. The following policies apply specifically to annexation: • Continue existing land use and development patterns into newly annexed land, except where physical barriers and/or conflicting land uses erg present. • Where annexation is not staged, ensure that development of the newt , annexed area is accomplished in a staged contiguous growth pattern o prevent excessive and unnecessary service costs. f . Oak Park Heights City Council 23 September 1981 Page Four The DNR property cannot be considered a physical barrier in the sense that it will permanently divide land such as a freeway, large wetland, or a mountain. However, the present usage as a hunting ground creates sufficient conflict to question the continuance of the existing land use, i.e. , residential . Although not absolutely necessary to achieve contiguity, the inclusive of the DNR property in the proposed annexation would create a more orderly growth pattern. USE ANALYSIS All property that is annexed to the City is automatically zoned 0, Open Space Conservation. Independent of the particular wishes of the land owners, the City must then determine the most appropriate use of the property as well as the need for that type of use. Utilizing the Comprehensive Plan Development Framework, the site will be analyzed with respect to each general land use. The following policies apply to general land use determinations: • Avoid over allocation of use types on a community as well as subarea, development district basis. • Accomplish transitions between distinctly differing types of land uses in an orderly fashion which does not create a negative (economic, social or physical ) impact on adjoining developments. • Prohibit development on wetlands, flood plains and other natural features that perform important environmental functions in their natural state. Commercial The suitability of the Kimmel Property for commercial development should be determined by applying the appropriate policies from the Comprehensive Plan. Page 32 • Strongly discourage any further spot or uncoordinated linear commercial development in favor of a unified development pattern. Page 33 • Establish the Highway 212 (36) commercial center as the primary retail and service focal point of the community and promote and facilitate through direct public involvement further complementary development in, this area.` The center is intended to encompass major retail , service, entertainment and governmental uses, as well as higher density housing on the periphery. • Encourage commercial development which assists in the creation of a cohesive, integrated image for the center. s • . • Oak Park Heights City Council 23 September 1981 Page Five Page 34 • Allow the development of additional neighborhood convenience centers only when there is clear and demonstrable evidence indicating a need for the uses proposed for the center. This evidence shall include, among other related considerations, the delineation of the retail support area and its population, purchasing power of the retail support area by type of goods as well as the proportion which could be reasonably expected to be captured by the uses posed, location of competitive facilities, and anticipated dollar volume per square foot of retail floor area. • Provide limited convenience type service and commercial centers within easy immediate access of residential neighborhoods. • Relate peripheral commercial areas to the primary transportation modes. These policies indicate a generally negative suitability for commercial use for the following reasons: 1. Due to the size and location of the subject site, commercial development would be considered spot development and would tend to weaken the Highway 21Z commercial center that the City is attempting to develop. 2. The site is less than one mile from this commercial center in Oak Park Heights (as well as less than one mile from the Bayport Commercial Center) therefore making the success of the new site unlikely. 3. The site could gain access from Osgood Avenue, a minor arterial, however, the commercial development would be located inside the existing tier of residences fronting on Osgood Avenue. An unincompatible situation would result due to commercial traffic cutting through and behind residences. The commercial uses would also lack public visibility. 4. The surrounding residential development is, so far, unsubstantial for the site to have potential as a neighborhood convenience center. Realizing that Oak Park Heights will experience a great increase in population in the next 20 years, the Comprehensive Plan states (page 65) that the amount of vacant predesignated commercial land in Oak Park Heights is anticipated to accommodate much of the needed development. Industrial The following policies from the Comprehensive Plan apply to the suitability of' industrial .development on the Kimmel property: Page 34. • . Require new industrial development to locate in the existing industrial area. Oak Park Heights City Council 23 September 1981 Page Six • Prohibit penetration of residential neighborhoods by traffic generated by industrial activity. Page 30 • Protect low density residential neighborhoods from encroachment or . intrusion of incompatible higher use types and by adequate buffering and separation from other residential as well as nonresidential use categories. The first policy above is derived from the text regarding industrial development (page 66) stating that Oak Park Heights will not likely experience pressure to develop any additional industrial development other than small scale (owner- operator) type industrial uses Thus, it would appear that adequate vacant land is available for future development and relocation needs. The need for industrial land could be questioned in light of the current difficulty in finding a relocation site for the excavating company. However, the physical limitations (wetland and slope) and the substantial residential development to the east discourage the consideration of this site for industrial uses. r Residential The following policies can be applied to the potential for residential develop- ment of the Kimmel property: Page 30-31 • Existing undeveloped single family residential lands shall be developed in a manner responsive to determined needs and compatible with surround- ing development. • Provide for access to major streets on the periphery of residential neighborhoods. • Encourage innovation in subdivision design and housing development through the use of devices such as the cluster and planned unit develop- ment concepts. • Concentrate higher density, apartment-type housing in proximity to areas which offer a wide range of existing supportive service, commercial and recreational facilities. With regard to the first policy above, and prior discussion of other uses, residential development appears to be the most compatible use for the area. The only negative issue that would be confronted is the use of the BWMA property to the north as hunting grounds. 4 Oak Park Heights City Council 23 September 1981 Page Seven The last two policies imply that the type of residential should be less than high density due to the lack of supportive services in the immediate proximity and that a planned unit development device should be utilized. As for the need of additional residential land, the Comprehensive Plan states: "The Metropolitan System Statement Projections indicate a doubling of both the population and the number of households (in Oak Park Heights) by the year 2000. To accommodate this new growth, either a substantial amount of annexation, or a significant change in housing character would have to occur. Considering the limited directions in which Oak Park Heights could expand through annexation, it is likely that much of the projected growth will occur within the existing city boundaries." (Page 60) As a partial solution to the residential land shortage the Comprehensive Plan states: "The City's population and number of households will double in the next 20 years and while some vacant residentially zoned land exists, a comparison of the projected housing units to available land area suggests that a greater number of multiple family units would need to be constructed." (Page 61) However, in accordance with the following policy, the choice of single family and lower density types of housing should not be precluded. Page 30 • Provide sufficient housing options to meet the needs of all segments of the population, including the elderly and those of low and moderate income. CONCLUSION It can be. concluded that there is a need for annexation to the City mainly for residential development. The main issues that will need consideration and resolution will be the hazardous hunting to the north and the cost of extending sanitary sewer to the site. Due to the sensitive natural features and the severe limitations for individual septic systems, a planned unit development approach should be utilized with the provision of public utilities. • 4111 4111 Oak Park Heights City Council 23 September 1981 Page Eight A low to medium low density is also recommended to maintain housing options. Development of the Kimmel property or any part of the study area will not adversely impact area or regional transportation or recreation systems. cc: LaVonne Wilson Lyle Eckberg Brad Lemberg Harold Kimmel r r= -. -,....,..„ 4 ..„..., " ,.,__ _ ;-. -r ,'.1___ _ 4,65----.,x/524. / ,;(/7 0,‘ 4,1), l o rz,,-).,,' n!:".......„."----).---- "-_:-..•II'L. z 0_ ,: /P .al; 4, alai . .. ... ,a_ -:i--. 1.05 ____I. licm.1 __......-.7,-:.04 1 w v) §._ , , .y,) , , % ji I +'n` II ��a���% -a •lm,m, v�_ c:A•.art,sirl tiii+r- t..�.A —~�� ,•t^y \\40f s ` (�s Ct 'I�t'. ij .c i�!!III�!14�IIP11p�T�I�im r ✓:°�tic — 7 t�L'* .�11 `: f el Oil I II� 1"III f �.-_, �1f (t11�i1, - 18- � t �_ Qr!�►. ==1 L" ' 1 °1° / fi ♦- ` < `l ��� \ �� i . 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Discussion held regarding HRA projects, with Mr. Licht informing the council that the preliminary phasing plan "would be completed for the council meeting October 26th, and that further discussion on the Chaves matter Could be continued at that time. Lang moved to close the hearing_ , with O'Neal seconding. 5 aye votes. Carried. Sommerfeldt called regular meeting to order at 7:00 P.M. and opened public hearing on the Anderson/Lindquist Annexation ammendment to the city comprehensive plan. Clerk read public hearing notice and presented affidavit of publication. Lang moved to adopt a resolution adopting the proposed annexation as part of the comprehensive plan. Seconded by O'Neal. Roll call vote taken with 5 aye votes . Adopted. O'Neal moved to authorize the planner to submit the above ammendment to Metro Council and to add a text ammendment to the city comp plan. Seconded by Seggelke. 5 aye votes. Carried. Seggelke moved to close the hearing, with Lang seconding. 5 aye votes. Hearing closed. Clerk read public hearing notice and presented affidavit of publication for the liquor license transfer request from Mill Road Inn, Inc. to Timark, Inc. Application and bonds being in order, comments were called for. Being no objections, Mayor Sommerfeldt called for a motion. Seggelke moved to adopt a resolution to approve the liquor license transfer, seconded by Westphal. Roll call vote taken with 5 aye votes. Transfer approved. Lang moved to close the hearing, with Seggelke seconding. 5 aye votes. Hearing closed. Mayor Sommerfeldt opened and continued the public hearing on e Kimmel annexation request. In order to gather further data Vegarding utility connections, Lang moved to continue the hearing October 26th. Seconded by O'Neal. 5 aye votes. Carried. Westphal moved to adopt a resolution instructing Chief Ostendorf to request informational signs from the State to be posted at the scenic overlook. Seconded by O'Neal. Roll call vote taken with 5 aye votes cast. Adopted. • )6"< October 13, 1981 . N CI"Ct'° 300 Metro :square Buiidinp, Saint Paul, Minnesota 5510i Telephone 612/291-6359 Howard R. Turrentine Turrentine and Magnuson, Attorneys-at-Law Oak Park Heights State Bank Building Suite #203 Stillwater, MN 55082 Dear Mr. Turrentine: This is in reply to your letter of October 1, 1981, requesting a formal response from the Metropolitan Council regarding the annexation of land in Baytown township to the City of Oak Park Heights (Minnesota Municipal Board file A-3826). Under a policy adopted March 10, 1977, the Metropolitan Council has elected to become a party of MMB proceedings only when the Council finds that an annexation proposal has an impact on metropolitan systems. Short of participating as a party, the Council does provide information for the MMB proceedings so that Council plans and policies can be taken into account by the MMB in making its determination. In such instances Council staff testify only if subpoenaed by the MMB or by one of the parties to the proceedings. The testimony presented by Council staff is generally limited to the content of the Council statement to the MMB. A copy of the Council statement to the MMB on the annexation in question is attached. The Council 's statement to the MMB notes that the proposed annexation raises issues of consistency with local and regional plans. The Council has mechanisms other than participation in MMB proceedings to resolve these issues. In order to be granted sewer extensions for an area not included in its adopted comprehensive plan, the City of Oak Park Heights must amend its comprehensive plan and its comprehensive sewer plan. In that amendment process the City will have to demonstrate that additional land is needed to meet demands for growth in the area, that adequate sewer capacity is available for the proposed development, and that growth in excess of Council forecasts will 4° . An Agency CI Bated to Coordinate tae Plxdol l.:.i;add 3),::v+rf .,)m( . ,,e t C+d ui Cit ie i't<'l ru �: :a'.:u.Are:,-Comprirbing: i ar, • l!'.a ..i ;t•+n Conn, • 0jtta� 4, NeA `. Alho W 0 Howard R. Turrentine ciow��r Turrentine and Magnuson, Attorneys-at-Law October 14, 1981 Page TWO 300 Metro Square Building Saint Paul, Minnesota 55101 Telephone 612/291-6359 not adversely affect other parts of the Region. The Metropolitan Council has the authority to approve or disapprove amendments to the comprehensive plan and to the comprehensive sewer plan. Without the Council 's approval no sewer extensions will be granted for the area proposed for annexation. Sincerely, METROPOLITAN COUNCIL Charles R. Weaver Chairman CRW:ad Attachment • cc: La Vonne Wilson, Clerk, City of Oak Park Heights Russell Kirby, Clerk, Baytown Township Harold Kimmel , Attorney Terry Merritt, Executive Director, Minnesota Municipal Board Mary Hauser, Metropolitan Council District No. 14 • i An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropo!itan Area CoraprisiP.g f ',j . .1"< . uc:sy W;: .),11;t Goon Speed Message To Otto Bonestroo From La Vonne Wilson • • Subject Date October 15 19_41 , Dear Otto_ • • c. .. w,.•.. .' 1 Signed • WilsonJones GRAVURE FORM 44-900 2-PART 0 1976•PRINTED IN U.S.A. • • • NORTHWEST ASSOCIATED CONSULTANTS INC. October 15, 1981 Mr. Harold D. Kimmel 124 South Second Street P.O. Box 18 Stillwater, Minnesota 55082 RE: Oak Park Heights - Kimmel Annexation —Comp Plan Amendment File No: 798.02 - 81.22 Dear Mr. Kimmel : The City of Oak Park Heights has recently approved a resolution re- garding the fees and procedures for processing an amendment to the Comprehensive Plan. Since your annexation request is currently being processed, I have enclosed a copy of this resolution for your information and use. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. Anne Bronken cc: LaVonne Wilson Lyle Eckberg Enclosure 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 SF-00006-01 STATE ANNESOTA DEPARTMENT Municipal Board Office Memoran um TO Parties of Record DATE: October 21, 1981 FROM : Karen Juliot NJ PHONE: (612)296-2428 Secretary to the Director SuE,JECT: A-3826 Oak Park Heights Annexation This memo serves as a reminder that at the hearing conducted on September 2, 1981 this matter was continued until November 25, 1982 at 9:30 a.m. in the Oak Park Heights City Hall. If you have any questions or concerns about this matter, please feel free to contact this office. kj • • • F J • • • NORTHWEST ASSOCIATED CONSULTANTS INC. October 27, 1981 Mr. Brad Lemberg Bonestroo, Rosene, Anderlik & Associates 2335 W. Highway 36 St. Paul, Minnesota 55113 Mr. Mark Vierling Attorney at Law Eckberg, Lammers, Briggs & Wolff 126 South 2nd Street Stillwater, Minnesota 55082 RE: Oak Park Heights - Kimmel Annexation II; File No: 798.02 - 81.22 Gentlemen: The Municipal Commission's hearing on the Kimmel Annexation continues to come closer (25 November 1981) and we have yet to resolve the City's accep- tance of this proposed land addition. From a planning perspective we have generally recommended a favorable response to this addition of potential low to medium density housing to the City. This is, however, with reservation generated by the DNR hunting area lying between the existing City border and the Kimmel land. Notwithstanding this consideration, service capability is also seen as a potential major obstacle. The significant factor in this regard is not sewer capacity in view of the Comprehensive Sewer Plan of the City. The issue at hand is sewer and water line extensions, and most importantly who and how will they be paid for and financed. Our concern, and I believe that of the Mayor and City Council , is that the City not be strapped with excessive, unanti- cipated costs should the Kimmel Addition be added to the community. From a parallel perspective, I doubt whether Mr. Kimmel wants or could afford expensive extensions. While we may be incorrect, we believe the K' Y � Kimmel Annexation points to the probable addition of other areas in Baytown Township eventually coming into the City of Oak Park Heights. It is seen as necessary therefore to take this factor into account, as well as no other additions being made in reviewing and presenting to the City Council options and alternatives on utility extensions. 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 4 - • • • Mr. Brad Lemberg Mr. Mark Vierling October 27, 1981 Page Two At this point we are uncertain as to whose jurisdiction it is to outline the utility extension implications to City officials. If necessary, we would propose a staff meeting to resolve the matter. It is our sincere hope, however, that a staff report addressing this cost and financing question could be prepared by the end of this week so that the Council can conclude its action on 9 November and if necessary that a Comprehensive Plan amend- ment can be filed with the Metropolitan Council as far in advance of the Municipal Commission's 25 November hearing as is possible. Please contact me at your earliest convenience on this matter and how you would recommend that we proceed. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson • • • NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: LaVonne Wilson FROM: David Licht DATE: 30 October 1981 RE: Oak Park Heights - Kimmel Annexation FILE NO: 798.02 - 81.22 For the 9 November Council meeting, please place the Kimmel Annexation matter on the agenda. Based upon conversations with Brad Lemberg and Mark Vierling which I had today, it appears staff is in general agreement that the addition is premature based upon utility costs. Mr. Vierling will be contacting Mr. Kimmel and hopefully persuade him to withdraw the request. I assume Mark will brief the Council on the status of the matter and that the Comprehensive Plan Amendment Hearing can be closed and dropped. Give me a call should you have further questions. cc: Mark Vierling Brad Lemberg 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 41/ CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, NOVEMBER 9, 1981 Call to order and HRA meeting continued by Chairman Seggelke at 6: 45 P.M. Present : O'Neal, Westphal, Lang, Sommerfeldt, Vierling, Licht and Wilson. Sommerfeldt moved to schedule a meeting between himself, chairman, city attorney and planner with Mr. Chaves and his attorney for further negotiations and report at next HRA meeting. Seconded by Lang. 5 aye votes. Carried. • Sommerfeldt moved to table the East Area Improvement Phasing Plan with O'Neal seconding. Aye votes cast by Sommerfeldt and O' Neal. Nay votes cast by Lang, Seggelke and Westphal. Westphal moved to change his vote to aye. Motion approved. Lang moved to adjourn the meeting to November 23rd with O ' Neal seconding. 5 aye votes. Carried. Clerk read public hearing notice, presented affidavit of publication and mailing list for hearing on CUP and variance requested by, H. Peulen. Lang moved to adopt a resolution granting the variance for parking on Mr. Peulen ' s property up to the south line, persuant to the plan presented to the council. Seconded by Westphal. 5 aye votes by roll call. Resolution adopted. Five minute recess called for by Mayor Sommerfeldt. Clerk read public hearing notice and presented affidavit of publication for the transfer of on sale wine and 3. 2 beer licenses from Valentine Bar-B-Q, Inc. to Robert E. Bode and Donn R. Bode. Mr. Robert and Donn Bode submitted an application as a partnership for the transfer vezfying no other individual has an invested interest in the business whatsoever. Clerk was directed, with applicants permission, to amend main body . f the certification Sunday on sale liquor license to provide thatis certification for wine and 3. 2 beer on sale only and also strike the reference to on sale generally in the main body of that document. City Attorney ' s office has reviewed the bond submitted by the applicant and find it to be in order. Clerk has received the necessary fees and police reports were negative. Any questions Council or audience had were called for at this time. Being no objections, Seggelke moved to adopt a resolution approving the transfer of on sale wine and 3. 2 beer _license. Seconded by Lang. Roll call vote taken with 5 aye votes cast. License transfered. Mayor Sommerfeldt reopened the Kimmel Annexation hearing. Seggelke moved to adopt the proposed annexation and authorize City Planner to submit amendment to comprehensive plan to Metro Council, contingent on signage of necessary documents by applicant to finance utility costs . Seconded by O' Neal . 5 aye votes . Carried. Sommerfeldt moved to close public hearings, with O ' Neal seconding. 5 aye votes . Public hearings closed. • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 12, 1981 Administration Minnesota Department of Corrections Metro Square Building 7th and Robert Streets St. Paul , Minnesota 55101 RE: City of Oak Park Heights Comprehensive Plan File No• 9 J 8.02 - 81.22 Dear Administrator: The City of Oak Park Heights is proposing to annex another parcel of land in Baytown Township and has submitted the accompanying worksheet describing the amendment to the Oak Park Heights Comprehensive 9 p ehensive Plan to the Metropolitan Council and all affected governmental units. The property is located southwest of the new State Prison facility in Oak Park Heights and includes 32.5 acres. Low to medium density residential development has been suggested for the land, however, no specific plans have been submitted. Please distribute copies of the work sheet and plan amendment to the parties in the Department that will be involved in the review process. Thank you, again, for your consideration of this amendment. Please contact our office should there be questions on this matter. Sincerely, Y NORTHWEST ASSOCIATED CONSULTANTS, INC. jthvi-z,t/51(497Z011 Anne Bronken AB/nd Enclosure cc: LaVonne Wilson Mark Vierling 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 12, 1981 Minnesota Department of Natural Resources Metro Region Headquarters - Wildlife Section 1200 Warner Road St. Paul , Minnesota 55106 RE: City of Oak Park Heights Comprehensive Plan Amendment File No: 798.02 - 81.22 Dear Wildlife Section Supervisor: The City of Oak Park Heights is proposing to annex another parcel of land in Baytown Township and has submitted the accompanying worksheet describing the amendment to the Oak Park Heights Comprehensive Plan to the Metropolitan Council and all affected governmental units. The property is located south of the Bayport Wildlife Management Area and includes 32.5 acres. Low to medium density residential development has been suggested for the land, however, no specific plans have been submitted. Please distribute copies of the worksheet and plan amendment to the parties in the Department that will be involved in the review process. Thank you, again, for your consideration of this amendment. Please contact our office should there be questions on this matter. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. WTOZ1/6714977//ant/ Anne Bronken AB/nd Enclosure cc: LaVonne Wilson Mark Vierling 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • I • NORTHWEST ASSOCIATED CONSULTANTS INC. November 12, 1981 I.S.D. 834 Superintendent Central Services Building 6225 Oasis Avenue North Stillwater, Minnesota 55082 RE: City of Oak Park Heights Comprehensive Plan File No: 798.02 - 81.22 Dear Superintendent: The City of Oak Park Heights is proposing to annex another parcel of land in Baytown Township and has submitted the accompanying worksheet describing the amendment to the Oak Park Heights Comprehensive Plan to the Metropolitan Council and all affected governmental units. The property is located south of the Bayport Wildlife Management Area and includes 32.5 acres. Low tom m density ediu residential development has been suggested for the land, however, no specific plans have been submitted. Please distribute copies of the worksheet and plan amendment to the parties in the School District that will be involved in the review process. Thank you, again, for your consideration of this amendment. Please contact our office should there be questions on this matter. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. 1141421/64,07,0/ZO Anne Bronken AB/nd Enclosure cc: LaVonne Wilson Mark Vierling 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 12, 1981 Washington County Administrator 14900 61st Street Stillwater, Minnesota 55082 RE: City of Oak Park Heights Comprehensive Plan File No: 798.02 - 81.22 Dear County Administrator: The City of Oak Park Heights is proposing to annex another parcel of 9 p P 9 p cel o land in Baytown Township and has submitted the accompanying worksheet describing cribs the amendment to the Oak Park k Heights Comprehensive Plan to the Metropolitan Council and all affected governmental units. The property is located south of the Bayport Wildlife Management Area and includes 32.5 acres. Low to medium density residential development has been suggested for the land, however, no specific plans have been submitted. Please distribute copies of the worksheet and plan amendment to the parties in the County that will be involved in the review process. Thank you, again, for your consideration of this amendment. Please contact our office should there be questions on this matter. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. W/n41174. Anne Bronken AB/nd Enclosure cc: LaVonne Wilson Mark Vierling 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 12, 1981 Mrs. Charlotte Kirby Clerk of Baytown Township 13131 40th Street North Stillwater, Minnesota 55082 RE: City of Oak Park Heights Comprehensive Plan File No: 798.02 - 81.22 Dear Mrs. Kirby: The City of Oak Park Heights is proposing to annex another parcel of land in Baytown Township and has submitted the accompanying worksheet describing the amendment to the Oak Park Heights Comprehensive Plan to the Metropolitan Council and all affected governmental units. The property is located south of the Bayport Wildlife Management Area and includes 32.5 acres. Low to medium density residential development has been suggested for the land, however, no specific plans have been submitted. Please distribute copies of the worksheet and plan amendment to the parties in the Township that will be involved in the review process. Thank you, again, for your consideration of this amendment. Please contact our office should there be questions on this matter. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. )5/1//i1a3t49/iiiii/E, Anne Bronken AB/nd Enclosure cc: LaVonne Wilson Mark Vierling 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • . NORTHWEST ASSOCIATED CONSULTANTS INC. RETURN RECEIPT REQUESTED November 12, 1981 Mr. Charles Weaver Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul , Minnesota 55101 RE: City of Oak Park Heights Comprehensive Plan Amendment File No: 798.02 - 81.22 Dear Mr. Weaver: The City of Oak Park Heights is proposing an amendment to their Compre- hensive Plan in the form of annexation of land. The 32.5 acre parcel is located south of the City and south of the Bayport Wildlife Management Area. Low to medium density residential development has been suggested for the property, however, no specific plans have been submitted. The Metropolitan Council specified worksheet has been used to summarize the proposed amendment. Ten copies of this worksheet have been enclosed for your agency's review. If additional information is needed, please contact our office or Mrs. LaVonne Wilson at the City. Sincerely, j NORTHWEST ASSOCIATED CO► ..g. AP ,. , 'C Ale Licht, AICP President DRL/nd cc: LaVonne Wilson Mark Vierling Otto Bonestroo 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • i ! EXHIBIT A METROPOLITAN C O U N C I L 300 Metro Square Building, Saint Paul, Minnesota 55101 INFORMATION SUBMISSION COMPREHENSIVE PLAN AMENDMENTS This worksheet must be filled out and submitted to the Metropolitan Council with a copy of each proposed comprehensive plan amendment. The purpose of this worksheet is to summarize the proposed change so that the Metropolitan Council will have enough information about contemplated plan amendments to determine whether it has an interest in reviewing the amendment in more detail. Please be as specific as possible; attach additional explanatory materials if necessary. I. GENERAL INFORMATION A. Sponsoring governmental unit Oak Park Heights Name of local contact person Mrs. l_aVonne Wilson Address 14168 57th Street, Oak Park Heights, Minnesota 55082 Telephone 439-443g B. Attach a copy of the proposed amendment, including a map showing the location of the proposed change, the current plan map, and the proposed plan map; indicate which section(s) of the original plan are now being amended. See Exhibits A and B C. What is the official local status of the proposed amendment? NA Adopted by planning commission on X Approved by governing body subject to Metropolitan Council review on November 9, 1981 D. Summarize the reasons for the proposed amendment. To provide public sewer and water to the annexation property. To increase the supply of residentiaT land in Oak Park Heights. E. Provide a list of all local units and all jurisdictions affected by the change (school districts, watershed dis- tricts, etc. ) that have been sent copies of this worksheet and plan amendment and the dates copies were sent to them. Independent School District 834, 12 November 1981 City of Bayport, 12 November 1981 Township of Baytown, 12 November 1981 Washington County, 12 November 1981 Minnesota Corrections Department, 12 November 1981 Minnesota Department of Natural Resources, 12 November 1981 6 • • • II. LAND USE A. Describe the following, as appropriate: o Size of area in acres 32.4 o Proposed type(s) of land use Residential o Number of residential dwelling units Unknown o Proposed density Low to Medium . (3 to 10 units/acre) o Proposed square footage of commercial, industrial, or public buildings 0 B. Population, Household and Employment Forecasts c Would you expect the proposed amendment to result in changes to the population, household or employment forecasts for 1990, or for the five-year stages contained in the original plan, for those land parcels affected by the change? PP No/Not applicable. .� Yes/Not sure. If yes, show below the expected changes: Forecast Based on Forecast Based on Previous Plan Plan Amendment Year Pop. Hsg. Empl. Pop. Hsg. Empl. 1990 3,600 1,200 1,200 4,185 1,395 1,200 Interim Stages 19 19 C. Changes to Timing and Staging of Urban Service Area Will the proposed amendment result in changes to the boundaries of the urban service area or to the timing and staging of development or of the urban service area? No/Not applicable. X Yes. Be sure Section I contains a map of these changes, measurements of the land area involved, and designation of new timing and staging. See Exhibit B. Timing and staging unknown at this time. 7 i D. Housing Will this change have an effect on the community's ability or intent to achieve the long-term goals for low- and moderate-cost and modest-cost housing opportunities contained in the original plan? X No/Not applicable. Yes. Describe effect III . IMPLEMENTATION PROGRAM A. Official Controls Will the proposed amendment require a change to zoning, subdivision, or on-site sewer ordinances? No. Yes. Please describe. B. Capital Improvement Program Will the proposed amendment require a change to the CIP? No. X Unsure Yes. Please describe. IV. SUMMARY OF FINDINGS AND CONCLUSIONS (Optional) You may add comments statin g y our conclusions abou t the effects of the proposed amendment on metropolitan plans. This would be particularly appropriate in those instances where a metropolitan system plan is affected, but you feel that the change is minor or inconsequential. You may also use this statement to provide the Council with factors or considera- tions not covered elsewhere in the worksheet or that directly address the criteria the Council will use to make its initial determination. The additional sewer and water flow created by the annexation will be potentially 40,950 gallons per day at full development. EP 5641 The property is contiguous to Oak Park Heights at one corner. The lack of a major common boundary is due to the Bayport Wildlife Management Area directly to the north. 8 • I 0 d ■ • / I'm • ' a i I l•• Q g W u.p W lI W age i � % / t' �� a ` e/ 1{ .h e` ✓ �j 40 % r ° J' ,‘oys / 7 i y %, c. w l� t j l ,- , � , �, , p,RION n''E N E ,Z--'-`–j. N —_ i A`t 1�\` II . 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Ce N 3nV ( VNVN V•f 1 '�� �; �� 3�eadN�j• /7-_ e-- _ N 3 V �avn o� 7(1 <> i.'.-44 LI• W rr y N oacN aE Q :.� a rte. i11] vwo i .'•i':iir :;;:• ": 1 ,il f _ hC ,>: ::'.•: - 4 III #4 :? tc� h 1L, w° k--, — OZ z z Ni N 3 Vk ICI ,N�f3nV--3N3101� ��I �' m 3n3Av VON.10 IIL__ -, 1 3,v i,10 13137 1 � 11 N "TnV Z113,i,330 1 1 13 a• » • MEMORANDUM TO:.1.4i\i onne \Nily)14(1(, ‘Airiinjb • r rFRom:Anne P-3conki)r) Dir DATE: ) 2 NiD\Jernr b A NORTHWEST ASSOCIATED CONSULTANTS RE: Kimmel ayy>< - (pterio-41/..in hirer() Incorporated 4820 Minnetonka Boulevard, Suite 420 :ILE NO: 7- Mpls., Mn. 55416 612/925-9420 ) ) if d ' 11 /14 11 stittt c/hi /-)7/77,xd-/-thr) C:6-ia 5 z7 - '10 /72/--7I r:pc4iy&r3 -"We i_e&-7,r5 .7.1171/S -k1"" 1741, • • NORTHWEST ASSOCIATED CONSULTANTS INC. RETURN RECEIPT REQUESTED November 12, 1981 Mr. Charles Weaver Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul , Minnesota 55101 RE: City of Oak Park Heights Comprehensive Plan Amendment File No: 798.02 - 81.22 Dear Mr. Weaver: The City of Oak Park Heights is proposing an amendment to their Compre- hensive Plan in the form of annexation of land. The 32.5 acre parcel is located south of the City and south of the Bayport Wildlife Management Area. Low to medium density residential development has been suggested for the property, however, no specific plans have been submitted. The Metropolitan Council specified worksheet has been used to summarize the proposed amendment. Ten copies of this worksheet have been enclosed for your agency's review. If additional information is needed, please contact our office or Mrs. LaVonne Wilson at the City. Sincerely, NORTHWEST ASSOCIATED CO■ .. , 'C , 1j _.__haw' Licht, £ ICP President DRL/nd cc: LaVonne Wilson Mark Vierling Otto Bonestroo 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 SF-00006-02 STATE iiNNESOTA DEPARTMENT Municipal Board Office Memorandum TO • Parties of Record DATE: November 17, 1981 FROM : Karen Juliot /1,; f PHONE: (612)296-2428 Secretary to the Director • • SUBJECT: A-3826 Oak Park Heights Annexation There is a hearing scheduled for November 25, 1981 for the above- entitled proceeding. The Municipal Board has received a request from counsel to continue the matter to a later date. Therefore, the hearing • will be opened on November 25, 1981 and immediately continued to February 24, 1982 at 9:30 a.m. in the Oak Park Heights City Hall. • If you have any questions or concerns regarding this matter, please feel free to contact this office. kj • • • • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 24, 1981 Mr. Nile L. Kriesel , City Coordinator City Administrative Offices 216 North 4th Street Stillwater, Minnesota 55082 RE: Oak Park Heights - Comprehensive Plan Amendment (Kimmel ) File No: 798.02 - 81.22 Dear Mr. Kriesel : Based upon a request from the Metropolitan Council , due to sewer discharge considerations for the area, we are forwarding to you background information pertaining to a proposed annexation to the southern portion of the-City of Oak Park Heights. This matter is being processed with the Metropolitan Council as a Compre- hensive Plan Amendment as well as the Minnesota Municipal Commission as an annexation matter. Please contact our office should there be questions or comments which you may wish to communicate to the City of Oak Park Heights. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson Mark Vierling Joe Anderlik Harold Kimmel Charles Weaver Pat Pahl 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 24, 1981 I .S.D. 834 Superintendent Central Services Building 6225 Oasis Avenue North Stillwater, Minnesota 55082 RE: Oak Park Heights - Comprehensive Plan Amendment - Kimmel Annexation File No: 798.02 - 81.22 Dear Superintendent: A review of the Comprehensive Plan information submission form on the Kimmel Annexation to the City of Oak Park Heights has revealed a miscalculation of sewer discharge figures. This information is contained in Section IV of the form which was mailed to you on 12 November 1981. The corrected figures plus documentation are contained in the attachment to this letter. Should there be questions on this matter please contact our office accordingly. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson Enclosure 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 24, 1981 Administration Minnesota Department of Corrections Metro Square Building 7th and Robert Street St. Paul , Minnesota 55101 RE: Oak Park Heights - Comprehensive Plan Amendment - Kimmel Annexation File No: 798.02 - 81.22 Dear Administrator: A review of the Comprehensive Plan information submission form on the Kimmel Annexation to the City of Oak Park Heights has revealed a miscalculation of sewer discharge figures. This information is contained in Section IV of the form which was mailed to you on 12 November 1981. The corrected figures plus documentation are contained in the attachment to this letter. Should there be questions on this matter please contact our office accordingly. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson Enclosure 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 24, 1981 Washington County Administrator 14900 61st Street Stillwater, Minnesota 55082 RE: Oak Park Heights - Comprehensive Plan Amendment - Kimmel Annexation File No: 798.02 - 81.22 Dear County Administrator: A review of the Comprehensive Plan information submission form on the Kimmel Annexation to the City of Oak Park Heights has revealed a miscalculation of sewer discharge figures. This information is contained in Section IV of the form which was mailed to you on 12 November 1981. The corrected figures plus documentation are contained in the attachment to this letter. Should there be questions on this matter please contact our office accordingly. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson Enclosure 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 24, 1981 Mrs. Charlotte Kirby Clerk of Baytown Township 13131 40th Street North Stillwater, Minnesota 55082 RE: Oak Park Heights - Comprehensive Plan Amendment - Kimmel Annexation File No: 798.02 - 81.22 Dear Mrs. Kirby: A review of the Comprehensive Plan information submission form on the Kimmel Annexation nexat on to the City of Oak Park Heights has revealed a miscalculation of sewer discharge figures. This information is contained in Section IV of the form which was mailed to you on 12 November 1981. The corrected figures plus documentation are contained in the attachment to this letter. Should there be questions on this matter please contact our office accordingly. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson Enclosure 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • • NORTHWEST ASSOCIATED CONSULTANTS INC. November 24, 1981 Minnesota Department of Natural Resources Metro Region Headquarters - Wildlife Section 1200 Warner Road St. Paul , Minnesota 55106 RE: Oak Park Heights - Comprehensive Plan Amendment - Kimmel Annexation File No: 798.02 - 81.22 Dear Wildlife Section Supervisor: A review of the Comprehensive Plan information submission form on the Kimmel Annexation to the City of Oak Park Heights has revealed a miscalculation of sewer discharge figures. This information is contained in Section IV of the form which was mailed to you on 12 November 1981. The corrected figures plus documentation are contained in the attachment to this letter. Should there be questions on this matter please contact our office accordingly. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson Enclosure 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 411 • NORTHWEST ASSOCIATED CONSULTANTS INC. November 24, 1981 Mr. Charles Weaver, Chairman Twin Cities Metropolitan Council 300 Metro Square 7th and Robert Streets St. Paul , Minnesota 55113 RE: Oak Park Heights Comprehensive Plan Amendment - Kimmel Annexation File No: 798.02 - 81.22 Dear Mr. Weaver: Attached please find a revision to the information submission on the Oak Park Heights Comprehensive Plan amendment for the Kimmel Annexation. The revision with documentation is to Section IV of the information form. This revision has also been mailed to all other local and affected juris- dictions noted on the front page of the information submission, plus the City of Stillwater. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: Pat Pahl LaVonne Wilson Joe Anderlik Mark Vierling Harold Kimmel 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • 41/ ADDENDUM TO THE COMPREHENSIVE PLAN AMENDMENT APPLICATION FOR THE CITY OF OAK PARK HEIGHTS, KIMMEL PROPERTY ANNEXATION, REVISING THE SEWER FLOW PROJECTION FOR THE ANNEXATION AREA The sewer flows for the undeveloped areas of Oak Park Heights have been calculated with the following method: STEP 1 Acres x Density = Number of Units Acres: The gross number of developable acres within a defined area. No calculations for streets, utility easements or environmentally sensitive area were subtracted. Acres in a particular area were broken down by land use in areas of mixed land use. Density: Units per acre. The densities used for flow calculations are the averages of development that exists in the City of Oak Park Heights. Low Density R-1 Zoning District 2.2 units/acre Medium Density R-2 Zoning District 3.7 units/acre High Density R-3 Zoning District 5.0 units/acre STEP 2 Number of Units x Persons/Unit = Projected Population Number of units as calculated in Step 1 represents the total number of units that is anticipated if the entire acreage of the developable area is developed. Persons/Unit represents the average household size by. type and size of unit. Low Density R-1 Zoning District 3.2 persons/unit Medium Density R-2 Zoning District 2.4 persons/unit Low Density R-3 Zoning District 2.0 persons/unit STEP 3 Projected Population x Gallons/Capita/Day = Gallons/Acre/Day Projected population as calculated in Step 2 represents the estimated population that is anticipated with full development of the gross acreage of the developable area. Gallons/Capita/Day: The gallons per capital per day is the estimated flow generated by each household member on a daily basis. • {,• R...Y STEP 4 Gallons/Area/Day I 1,000,000 = Million Gallons/Day Gallons per area per day as calculated in Step 3 is the total daily sewer flow generated if full development of the developable area was to occur. By dividing the gallons per area per day by 1,000,000 the area flows are measured in million gallons per day which can be easily compared to the City's existing sewer flows as well as its proposed future flows. The following sewer flow estimate is made to indicate the anticipated sewer flow from the Kimmel Annexation Area which is 32.4 acres in size and is proposed to develop as an R-2, Medium Density Residential development. Step 1 32.4 acres x 3.7 units/acre = 122 units Step 2 122 units x 2.4 persons/unit = 288 population Step 3 288 population x 70 gallons/capita/day = 20,160 gallons/ area/day Step 4 20,160 gallons/area/day 1,000,000 = .02016 mgd. The additional sewer flow generated by the annexation will be potentially .02016 mgd at full development. • NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Mark Vierling Otto Bonestroo Harold Kimmel FROM: David Licht DATE: 24 November 1981 RE: Oak Park Heights - Kimmel Annexation FILE NO: 798.02 - 81.22 On 20 November, representatives of our office met with the Metropolitan Council staff to review issues generated by the two Comprehensive Plan amendments dealing with annexation now before the Regional Agency. - gency.- From our conversations, I believe at this point at least that the Kimmel Annexation will be viewed negatively by the Metropolitan Council . Diffi- culties which they cite are: 1. A relatively small , "detached" parcel of land creating implications for other additions. 2. Land use incompatibility generated by the DNR hunting area. (They appear to question the validity of the DNR use of the property. ) 3. The need, cost and capability of the sewer extension and level of discharge within assigned limits to the City. 4. The continued expansion of the sewer service area of both Oak Park Heights as well as Stillwater and the treatment plant capabilities. The primary focus of their concern appears to be that issues involved are beyond resolution within their 90 day review and approval period. An emphasis was made, however, that the issues need to be comprehensively addressed and resolved. Orderly annexation was a point raised several times. I felt it advisable to alert you to these items as I believe they should be responded to by the City if Metro approval is to be achieved. cc: LaVonne Wilson Brad Lemberg 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • • vtaix December 3, 1981 k -4( St, •r • Mrs. LaVonne Wilson City Clerk City of Oak Park Heights �r���wINC1�1�5¢4� 14168 57th Street North Stillwater, MN 55081 300 Metro Square Building RE: Oak Park Heights Comprehensive Plan Amendment Review Saint Paul,Minnesota 5 9 p Telephone 612/291-6359 9 Review Commenced November 25, 1981 Metropolitan Council District No. 14 Metropolitan Council Referral File No. 7803-4 Dear Mrs. Wilson: The Metropolitan Council staff has reviewed the Oak Park Heights proposed comprehensive plan amendment for the Kimmel annexation area received by the Council on November 25, 1981. Based on t e s a review, I have determined that the proposed amendment presents a potential impact on the metropolitan sewer system plans. The amendment proposed by Oak Park Heights may result in effluent flows which exceed the 1990 forecasts originally projected in the local sewer policy plan. The proposed amendment also may result in a change in the service area of the approved local facilities in the sewer policy plan or comprehensive sewer plan (CSP) for which the Metropolitan Waste Control Commission may require a CSP amendment. A proposed amendment that has a potential impact on metropolitan systems may not be put into effect by the local government until the Council review is complete. Pursuant to Minn. Stat. 473.175, subd. 1, the Council has 90 days from receipt of the proposed amendment to complete its review. If the Council requires a modification to the proposed amendment, the amendment may not be put into effect until the Council has made its final decision pursuant to Minn. Stat. 473.866 (1978) . The 90 day review period ends on February 23, 1982. Within that 90 day period, Council staff will complete its formal review of the proposed plan amendment and submit a draft copy to the City at last two weeks prior to consideration by the Physical Development Committee. If you have any questions during the review period, please feel free to contact Pat Pahl , Principal Reviewer, at 291-6407. Sincerely, 0%a-4-/P---(2 Charles R. Weaver, Chairman CRW:bm cc: David Licht, NW Associated Consultants Ray Odde, Metropolitan Waste Control Commission Terry Merritt, Minnesota Municipal Board Mary Hauser, Metropolitan Council District 14 Barb Moeller, Metropolitan Council Staff Pat Pahl , Metropolitan Council Staff An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver County O Dakota County o Hennepin County O Ramsey County O Scott County 0 Washington County 110 NORTHWEST ASSOCIATED CONSULTANTS INC. December 29, 1981 Mr. Robert Briggs Mr. Mark Vierling Attorneys At Law Eckberg, Lammers, Briggs & Wolff 126 So. 2nd Street Stillwater, Minnesota 55082 RE: Oak Park Heights - Anderson/Linguist and Kimmel Annexations File NO: 798.02 - 81.24 and 81.22 Gentlemen: We have just learned that the Metropolitan Council is anticipated to act on the two Oak Park Heights annexation matters on 21 January 1982. We understand from our staff contacts in that agency that a favorable Comprehensive Plan amendment will be recommended for the Anderson/ Linguist Annexation. The Kimmel Annexation will , however, be recom- mended for denial . Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson Joe Anderlik 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • tat Cti e € hW o� w� January 19, 1981 tiIN CiT '- 300 Metro Square Building LaVonne Wilson Saint Paul,Minnesota 55101 City Clerk Telephone 612/291-6359 City of Oak Park Heights 14168 57th Street North Stillwater, MN 55081 RE: Review of Oak Park Heights Plan Amendment (Kimmel Annexation) Review Commenced on November 25, 1981 Metropolitan Council District 14 Metropolitan Council Referral File No. 7803-4 Dear Mrs. Wilson: Attached is a preliminary staff draft of the Council 's review report on the comprehensive lan amendment submitted tted pursuant to the Metropolitan Land Planning Act. You have until til transmittal of the report to the Physical Development Committee (PCD) to consider this draft. Any comments you may have Y Y y should be directed to me so we can resolve s ve any questions before the draft report is mailed to the PDC. I will contact you in a week to see if we should set up a meeting to discuss this draft. If you would like to submit a written statement, it will be attached to the report. The review will be completed according to the following schedule: Final Staff Review February 3, 1982 Transmittal to PDC February 4, 1982 PDC Review February e Y 1 1 1982 Metro u Metropolitan Council Review February 11, 1982 I look forward to hearing from you soon. Sincerely, Zti Pat Pahl Principal Reviewer PP:bm Attachment cc: Al Brixius, Northwest Associated Consultants Nile Kriesel, City Coord., City of Stillwater Russell Kirby, Clerk, Baytown Township Howard Turrentine, Attorney, Turrentine & Magnuson Mary Hauser, Metropolitan Council District 14 An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County O Carver County 0 Dakota County O Hennepin County O Ramsey County O Scott County O Washington County • • • METROPOLITAN COUNC. I L Suite 300 Metro Square Building, St. Paul , Minnesota 55101 MEMORANDUM January 18, 1982 TO: Physical Development Committee FROM: Comprehensive Planning (Pat Pahl ) SUBJECT: Oak Park Heights Comprehensive Plan Amendment Kimmel Annexation Area Metropolitan Council District 14 Metropolitan Council Referral File No. 7803-4 I. AUTHORITY TO REVIEW The Metropolitan Land Planning Act of 1976 requires that amendments to local comprehensive plans be prepared, submitted to the Metropolitan Council for review and adopted in the same manner as the original plans. Minn. Stat. 473.864, subd. 2 (1978) . Guidelines adopted pursuant to Minn. Stat. 473.854 for reviewing proposed amendments provide a 90 day review period for amendments potentially affecting one or more of the metropolitan systems. Oak Park Heights submitted the proposed amendment for review on November 26, 1981. On December 3, 1981, the Chairman determined that the amendment presented a potential impact on metropolitan systems. The 90 day deadline for review of the amendment is February 23, 1982. II. DESCRIPTION AND ISSUES The City of Oak Park Heights is proposing to annex and provide sewer service to approximately 32 acres of land located west of County Road 67 (Osgood Avenue) and contiguous to the City at the northeast corner of the property. The area is physically separated from the City to the north by the Bayport Wildlife Management Area owned by the Minnesota Department of Natural Resources (see map, Attachment 1) . The stated purpose of the annexation is to provide public sewer and water to the property and to increase the supply of residential land in Oak Park Heights. No development has been proposed for the area. The City has calculated potential development at medium density residential (3.7 units/acre) with an anticipated sewer flow of .02016 mgd at full development. • In order to provide sewer service to this area, a gravity line will be run south from the interceptor serving the new state prison facility and then west across Baytown Township land to the proposed annexation area. Two issues are raised by this annexation: 1) sewage flow in excess of 1990 forecasts, and 2) providing metropolitan sewer service to a rural area. • • r 2 III. ANALYSIS A. Conformity with Metropolitan System Plans 1. Sewers (Barbara Moeller) The Council 's Water Quality Management Policy Plan projected a 1990 flow forecast of .38 mgd for the City of Oak Park Heights. The City's Comprehensive Plan estimated its 1990 flow at .386 mgd (excluding flow from the new state prison facility) which was found in the plan review process to be consistent with the Council 's forecast. On October 23, 1981 Oak Park Heights submitted a Plan Amendment proposing annexation and extension of sewers to an area of Baytown Township located along Highway 36 (Oak Park Heights Plan Amendment 7803-3, Greeley - Highway 36 Annexation Area) . In that Plan Amendment, the City undertook an indepth analysis of its existing and projected 1990 land uses. By calculating 1990 sewage flows from infill and major undeveloped areas (including the Greeley - Highway 36 annexation area) and adding that to the City's 1981 metered flow, a 1990 flow of .373 mgd is projected. That projection is within the Water Quality Management Policy Plan's 1990 flow estimate of .38 mgd. On January 21, 1982, the Council found the Greeley - Highway 36 annexation area Plan Amendment to have no impact on metropolitan systems. However, the Council noted that, with the addition of the Greeley - Highway 36 area to its 1990 sewage flow, the City has reached its 1990 capacity. Because of limited capacity in the treatment plant, the annexation of further land to be included in the City's 1990 sewer service area and added to the City's projected 1990 flows represents a significant impact on the metropolitan wastewater disposal system. The Stillwater Wastewater Treatment Plant is part of the metropolitan sewer system. At present it serves the Cities of Stillwater and Oak Park Heights; and these cities have been allocated capacity in the plant to 1990 based on the Council 's forecasts of growth in the area. Capacity in the facilities also has been reserved for the City of Bayport in anticipation of the closing within the decade of the Bayport treatment plant and conveyance of Bayport sewage to the Stillwater Wastewater Treatment Plant. No additional capacity beyond that allocated to Stillwater, Oak Park Heights and Bayport is available in the existing facility. Upgrading of the facility to meet increased demand has been proposed but no firm timetable has been set nor has any commitment of funds been made. The sewer capacity which would be used by the proposed annexation area is significant. In addition to the 32 acres proposed in this plan amendment, land in Baytown Township would be opened up to development by construction of a sewer line across township land to serve the proposed annexation area (see Map Attachment 1) . The cumulative and incremental effect of these proposed additions to the 1990 sewer service area and to 1990 sewage flows represents a significant impact on a metropolitan facility. The City should modify its Plan Amendment • • • 3 so that its flow projection and sewer service area are consistent with Council estimates. B. Compatibility with Other Governmental Units' Plans The Baytown Township Plan has been submitted to the Council for review, but the review is not yet complete. Baytown has planned the Kimmel area as an agricultural area with maximum development of four units per 40 acres. The township area through which the sewer line would run has been planned as low density residential with a minimum lot size of 2.5 acres. The township Plan states a preference for consolidation or orderly annexation to resolve boundary issues. The City of Stillwater has submitted a letter to the Council commenting on the proposed annexation (Attachment 2) . Stillwater has stated its concern with the impact of the annexation .on the existing capacity in the Stillwater Treatment Plant. C. Consistency with Other Guide Chapters 1. Development Framework The area proposed for annexation in this Plan Amendment meets the requirements of the law as contiguous to or abutting a municipality--Oak Park Heights. Minnesota Statutes 414.011, Subd. 6, (1980) , defines the word abutting as referring to areas "whose boundaries at least touch one another at a single point, including areas whose boundaries would touch, but for an intervening roadway, railroad, waterway, or parcel of publicly owned land." Thus, although the Kimmel area is separated from the city boundary by a DNR-owned parcel and a county road, the area is considered contiguous for the purposes of annexation. From the perspective of Development Framework, however, the Kimmel area is not contiguous in terms of municipal services. Because the Kimmel area is physically separated from the City by the Bayport Wildlife Management Area, it is not contiguous to a service area of the City. Development Framework recognizes the likelihood that Freestanding Growth Centers may have to expand beyond their present boundaries, but states that expansion should be in "a staged, contiguous manner through a coordinated program of public service extensions." (Policy 17.c.) To provide sewer service to the proposed annexation area, a sewer line would have to be constructed across a substantial area of township land, estimated at up to 100 acres which would be assessed for and have access to City sewer service. This area has not been included in the Plan Amendment as part of the proposed service area nor has the City proposed annexing it. Development Framework Policy 17 states that: "Freestanding Growth Centers shall plan to accommodate urban development based upon their abilities to supply urban services to that development. Extension of services outside of existing corporate boundaries should be consistent with a sequential , orderly annexation plan prepared in cooperation with neighoring areas." No orderly annexation plan is in effect between Oak Park Heights and Baytown Township. • • • 4 Other Development Framework policies for Freestanding Growth Centers applicable to this Plan Amendment are Policy 11 providing that no metropolitan sewer service shall be extended to the rural service area except through a sewer plan and comprehensive plan amendment, and Policy 17g which states that the density of development planned by local authorities should be consistent with the capacity of metropolitan sewer and transportation system. If sewer service is extended to the Kimmel area, it would also require service to an unincorporated rural area not planned for service in the City's or Township's Comprehensive Plans. Service to the Kimmel area itself and to the additional rural area would result in a 1990 flow forecast in excess of the 1990 capacity allocated to Oak Park Heights. The Council recognizes that the supply of vacant developable residential land in the City of Oak Park Heights, while adequate, is not ample, and the City may wish to pursue annexation to increase its land supply. Because of the limited capacity of the existing treatment plant, sewer capacity is not presently available for any additional land. When the treatment plant is upgraded, tentatively scheduled for the 1985-1989 period, Oak Park Heights should request additional capacity to serve additional areas to be annexed. The City should note that these areas are to be planned for service in a staged, orderly and contiguous manner. IV. FINDINGS OF FACT AND CONCLUSION A. Conformity with Metropolitan Systems Plan 1. The Oak Park Heights Park amendment conforms to the regional system plans for transportation, parks and airports. 2. The Oak Park Heights Plan Amendment is not is conformance with the Water Quality Management Policy Plan's 1990 flow projection of .38 mgd. This nonconformity represents an impact on the system plan and could potentially impact the metropolitan disposal system significantly. The Amendment proposes a 1990 sewer flow in excess of Council forecasts; and service to the proposed annexation area would open up further areas for service with additional flow. B. Compatibility with Other Governmental Units' Plans Baytown Township Comprehensive Plan designates the proposed annexation area as agricultural to 1990. The City of Stillwater has submitted a letter to the Council indicating its concern about the impact of the proposed annexation on the capacity of the Stillwater Treatment Plant. C. Consistency with Other Guide Chapters 1. Metropolitan Development Framework The Plan Amendment is not consistent with Development Framework policies because it proposes extension of sewer facilities to an area which is not contiguous to the City's service area, and 1 • . • 5 it would extend sewer facilities to a rural area without a comprehensive plan or sewer plan amendment and without an annexation plan. 2. The Plan Amendment is consistent with other guide chapters of the Metropolitan Development Guide. V. RECOMMENDATIONS That the City of Oak Park Heights be advised that: A. This report constitutes the Council 's official review required under the Metropolitan Land Planning Act. B. A Plan Amendment modification is required as authorized in Minnesota Statutes Sec. 473.175, Subd. 1: 1. The land use plan and sewer policy plan be modified to be consistent with the Water Quality Management Policy Plan 1990 flow forecast of .38 mgd. C. The Amendment is in conformance with metropolitan systems plans for transportation, parks and airports. D. The Amendment is not compatible with the Baytown Township Comprehensive Plan. The City and Township should work together to resolve boundary adjustment issues. E. The Amendment relates to other Metropolitan Development Guide chapters as follows: 1. The Oak Park Heights Plan Amendment is consistent with the Investment Framework, Solid Waste, Protection Open Space and Housing chapters of the Metropolitan Development Guide. 2. The Amendment is not consistent with the Development Framework chapter. The Plan Amendment should be revised so that no sewer facilities are extended to areas outside the Urban Service Area as defined by the City's Comprehensive Plan. When additional sewer capacity is available, new areas of service should be contiguous to the existing service area. PP:bm 01.18.82 BM194Y ,_ • • • .�. _ ■ . 2F. CO •ATTACHMENT 1 /.•� &W& 4-- Atak i / a.S t 'co•'.1 (ivy i.; % i zQ II m 11 z ��• __ act _ alb i CC X. H a a 1 ,r - 2<ba a o yWZ 1.1.1 1....III 11 .)/ I— A. II t• 4 I r z a j ` ct% +I 1 1 11Y p e .4/ yd i, /•• i I 11"•■ Il.. • i 4, Si iyii11 • II � 1' V i / 1111 1�! i �ff 1 4' 11 I i l (I!i ' i /' ' i11.111,3 a di 1 rf��) II :C•rt r.T u •�� 1� d !I 1 1 �. " , .%- 4l Y1� ,,,, I1. N..:.N, Y — Q r (`I N y1 q d �3e,n�,,N>e, a 1.0 [P 11j' — �Y.•_, N r r •,f`,I. I. 3 V IN''11IlI/d: 1+ W� �- N nn - I r.11 PVT Z N - � N 3,/ ....UAW 3 �� y = N 3nlvr NV_Y.). N, ;,:ii...- ',: N („) 1 (1 Z_'' =I zlt (-„,-41r..,?-,..1 ��\,h py '—...+ -''�_�•..�. �..`\ m 0 • J ti), \ �1r.ti-' -. ]Ml �i OnV Nt'., C 11 ,t I' I I V S1_l >i� i �/1i��f11, !_ (1./.`19(° f . ; 5,- , „: ;� r r,; y 'M • • Phone: 612/435.-C12: T S ' ' '' =,N} . ATTACHMENT 4. • CITY OF STILLWATER ft On the Beautiful St. Croix 216 North Fourth Street MAYOR STILLWATER,MINNESOTA FINANCE DIRECTOR-COORDINATOR DAVID C.JUNKER NILE L.KRIESEL 55082' COUNCILMEN: CITY CLERK BARBARA AVISE DOROTHY R.SCHNELL ANNE MARIE BODLOVICK BRAD MAC DONALD CITY ATTORNEY HARRY 0.PETERSON December 10 , 1981 DAVID T.MAGNUSON ROUTING P. R / P R. ✓ Mr. Charles Weaver, Chairman H. R. Metropolitan Council 300 Metro Square Bldg. DEC :._ 'CO 1 St. Paul, Minnesota 55101 ;or your miorm:.t:on In re :. Oak Park Heights Comprehensive Tape ap roona:e aeon �. Plan Amendments Please reply Prepare reply for Chmn s,g Dear Mr . Weaver: The City of Stillwater has reviewed the proposed amendments to the Oak Park Heights Comprehensive Plans and has the following concerns regarding the amendments : First, the plan amendment indicates a desire to annex property that will require the extension of the Oak Park Heights urban service area to provide sewer service to the annexed land. It should be determined what sort of impact these annexations will have upon the existing capacity in the Stillwater Treatment Plant . Next, one of the proposed annexations includes part of the property in a watershed contributory to the Greeley Street storm sewer. There is no indication that the Oak Park Heights Plan Amendment addressses the need for ponding on this area to properly handle storm sewer flows in its developed state. Our Greeley Street downstream improve- ments are predecated upon the flow under T. H. 36 not being substan- tially increased. Thank you for your consideration in this matter. Very truly yours , • Nile L. Kriesel Finance Director/Coordinator NLK: ds I - • . • NORTHWEST ASSOCIATED CONSULTANTS INC. January 20, 1982 Mr. Lyle Eckberg Attorney at Law Eckberg, Lammers, Briggs & Wolff 126 South 2nd Street Stillwater, Minnesota 55082 Mr. Joe Anderlik Bonestroo, Rosene, Anderlik & Associates 2335 W. Highway 36 St. Paul , Minnesota 55113 RE: Oak Park Heights- Kimmel Annexation File No: 798.02 - 81.22 Gentlemen: Attached please find the Metropolitan Council staff recommendation on the Kimmel Annexation. As anticipated, the sewer discharge factor has lead to a negative response. I believe this matter should be reviewed and a determination made as to whether this annexation should be further pursued at this time. I sincerely doubt the Municipal Commission would go against the Metropolitan Council 's position. I Possibly this matter should be discussed with the applicant and also the City Council at their meeting on 25 January. Please keep me advised on this matter. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 I • • • / L1 ir 61,1,Artit oCti air giak 1$+ kir January 27, 1982 wQ 'IN C1 LaVonne Wilson, City Clerk 300 Metro Square Building City of Oak Park Heights Saint Paul, Minnesota 55101 14168 - 57th Street N. Telephone 612/291-6359 Stillwater, MN 55081 RE: Review of Oak Park Heights Plan Amendment (Kimmel Annexation) Review Commenced on November 26, 1981 Metropolitan Council District 14 Metropolitan Council Referral File No. 7803-4 Dear Ms. Wilson: Attached is a final staff draft of the Council 's review report on the comprehensive plan amendment submitted pursuant to the Metropolitan Land Planning Act. Please note that the PDC review date has been changed from the previous schedule. PDC Review February 04, 1982 Metropolitan Council Review February 11, 1982 If you have any questions, please contact me at 291-6407. Sincerely 6et..it.e... Pat Pahl Policy Planner PP:vv Attachment An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County An Equal Opportunity Employer ' M'• E 'T 'R'0'P;,0 A 4 -Cr., N `' y sy :. y?l•; :u:3_t . 3.6,,n-- 1',tr�,o•.5. Uar $ k > , . ,:,:,d. 42•:•••.'41q• >Y3r:• iN<<;- , S v, 4 _ ai,!•. X::t�. .�':to'• i:''a'. T p 45...G,a 4$,J' L.. M1'' t! .a4•. i. L•' e s •.Y'�h:l,•. !, 3 L kr,•:A S- - ' ,.��;ea` F' As,.✓, � .vim• �'r`'`". �:�>�.,..'�.` •��•��,:: ;<�•"?'� .f...•�` ,v� �X.as•. ,... - .AZ',`afC�rr .�`.. �, ^ .+=3•., r .'. '`x•St• --yy S it £, ,;3' 3. ?" >v.; *1�; fit.., •� t{i's'+�' Yh y 4' ,-, ' t. .kA- ,;': `. " �ti ie x,�Y +r hg�sCR'S} J '; o�ae't Go r r. ats te' a Y ,..R- A ; - i . . 7® .••JT , t3�i e.4"°:' C :";IS,.Sii,�•'. 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'',.'"4-', '. ,i,„ 'for s:e vin` e s ti '� 'T th,-; h �'e,r`a'4. 'y' a v. 4 rx:•.7..;71TO• west acres,s�:-8:aytown.•vPwns�h■i p'',1 and':°to th,. 3�ro.pbs-id:;i 1f :-. ', `�4o SIu'e�t. •are' •ra"ised..-b thi:s>.:ann z 1- . • .. , . y.- ', e at�i'bn:. � )-��e'tirage •f ltlw:i in-.� ,��.� . r � 1990 foreca'sts� and Z)' providing -metropol.i•t.ain .sewe'r.-se vio0„_:to`, .a. eu�a. k' are � k X' r _ .... :C� -AtCiT` i, Y :a;.t A.tt. r t��,.t: .. .•,• SI y1..: 'i`1 ��SK,'•Fi 'S:.�"'i ,14.'.'''' ....;.� ,yam. �.y ; ' ��r+$r� �..G.:.:..tst >,:ryI:.P, �'�h .F._ 1'Jl"! . -. 1; ';f`: ,: .y • ,.51,, 'x' t9 41.,7,.''• . , x x' � i # ,— <C R it �ri`•al,s°yS. ,sw c YSI 14 �r S •Y;^ : -!..av, ^i i gyp}.!."''S'�. �T:t .. ! . , .;.., .. r %2.'1}'i,:p•"� "vi•5 2 �.ri'.' /f 1 �9i Y,r,i,� f_J.. I I:I'. <: .. .: '- ;r' , 4 Conformity with Metropolitan sysite• P ±ri r� ~��.' - ' .'4.''''' nh� S:1„r a, yam. WS )}. `` .,t•Se' rs (Barb'ara Moel 1 r �k�yrt �, . " The. Cou is i l' s Water . :�:*;: -'' , X " The0,f l Qud:l:i ty Ma Jerri 'rat'.'•:•i.•1 i' Y;: • • • 3 so that its flow projection and sewer service area are consistent with Council estimates. 1 4111 B. Compatibility with Other Governmental Units' Plans The Baytown Township Plan has been submitted to the Council for review, but the review is not yet complete. Baytown has planned the Kimmel area as an agricultural area with maximum development of four units per 40 acres. The township area through which the sewer line would run has been planned as low density residential with a minimum lot size of 2.5 acres. The township Plan states a preference for consolidation or orderly annexation to resolve boundary issues. The City of Stillwater has submitted a letter to the Council commenting on the proposed annexation (Attachment 2) . Stillwater has stated its concern with the impact of the annexation on the existing capacity in the Stillwater Treatment Plant. C. Consistency with Other Guide Chapters 1. Development Framework The area proposed for annexation in this Plan Amendment meets the requirements of the law as contiguous to or abutting a municipality--Oak Park Heights. Minnesota Statutes 414.011, Subd. 6, (1980) , defines the word abutting as referring to areas "whose boundaries at least touch one another at a single point, including areas whose boundaries would touch, but for an III intervening roadway, railroad, waterway, or parcel of publicly owned land." Thus, although the Kimmel area is separated from the city boundary by a DNR-owned parcel and a county road, the area is considered contiguous for the purposes of annexation. From the perspective of Development Framework, however, the Kimmel area is not contiguous in terms of municipal services. Because the Kimmel area is physically separated from the City by the Bayport Wildlife Management Area, it is not contiguous to a service area of the City. Development Framework recognizes the likelihood that Freestanding Growth Centers may have to expand beyond their present boundaries, but states that expansion should be in "a staged, contiguous manner through a coordinated program of public service extensions." (Policy 17.c.) To provide sewer service to the proposed annexation area, a sewer line would have to be constructed across a substantial area of township land, estimated at up to 100 acres which would be assessed for and have access to City sewer service. This area has not been included in the Plan Amendment as part of the proposed service area nor has the City proposed annexing it. Development Framework Policy 17 states that: "Freestanding Growth Centers shall plan to accommodate urban development based upon their abilities to supply urban services to that development. Extension of services outside of existing corporate boundaries should be consistent with a sequential , orderly annexation plan prepared in cooperation with neighoring areas." No orderly annexation plan is in effect between Oak Park Heights and .Baytown Township. t4 • Other Development Framework policies for Freestanding Growth Centers applicable to this Plan Amendment are Policy 11 providing that no metropolitan sewer service shall be extended to the rural service area except through a sewer plan and comprehensive plan amendment, and Policy 17g which states that the density of development planned by local authorities should be consistent with the capacity of metropolitan sewer and transportation system. If sewer service is extended to the Kimmel area, it would also require service to an unincorporated rural area not planned for service in the City's or Township's Comprehensive Plans. Service to the Kimmel area itself and to the additional rural area would result in a 1990 flow forecast in excess of the 1990 capacity allocated to Oak Park Heights. The Council recognizes that the supply of vacant developable residential land in the City of Oak Park Heights, while adequate, is not ample, and the City may wish to pursue annexation to increase its land supply. Because of the limited capacity of the existing treatment plant, sewer capacity is not presently available for any additional land. When the treatment plant is upgraded, tentatively scheduled for the 1985-1989 period, Oak Park Heights should request additional capacity to serve additional areas to be annexed. The City should note that these areas are to be planned for service in a staged, orderly and contiguous manner. IV. FINDINGS OF FACT AND CONCLUSION A. Conformity with Metropolitan Systems Plan 1. The Oak Park Heights Park amendment conforms to the regional system plans for transportation, parks and airports. 2. The Oak Park Heights Plan Amendment is not is conformance with the Water Quality Management Policy Plan's 1990 flow projection of .38 mgd. This nonconformity represents an impact on the system plan and could potentially impact the metropolitan disposal system significantly. The Amendment proposes a 1990 sewer flow in excess of Council forecasts; and service to the proposed annexation area would open up further areas for service with additional flow. B. Compatibility with Other Governmental Units' Plans Baytown Township Comprehensive Plan designates the proposed annexation area as agricultural to 1990. The City of Stillwater has submitted a letter to the Council indicating its concern about the impact of the proposed annexation on the capacity of the Stillwater Treatment Plant. C. Consistency with Other Guide Chapters 1. Metropolitan Development Framework The Plan Amendment is not consistent with Development Framework policies because it proposes extension of sewer facilities to an area which is not contiguous to the City's service area, and • • • it would extend sewer facilities to a rural area without a comprehensive plan or sewer plan amendment and without an 411/ annexation plan. 2. The Plan Amendment is consistent with other guide chapters of the Metropolitan Development Guide. V. RECOMMENDATIONS A. That the City of Oak Park Heights be advised that: 1. This report constitutes the Council 's official review required under the Metropolitan Land Planning Act. 2. A Plan Amendment modification is required as authorized in Minnesota Statutes Sec. 473.175, Subd. 1: a. The land use plan and sewer policy plan be modified to be consistent with the Water Quality Management Policy Plan 1990 flow forecast of .38 mgd. 3. The Amendment is in conformance with metropolitan systems plans for transportation, parks and airports. 4. The Amendment is not compatible with the Baytown Township Comprehensive Plan. The City and Township should work together to resolve boundary adjustment issues. 5. The Amendment relates to other Metropolitan Development Guide chapters as follows: a. The Oak Park Heights Plan Amendment is consistent with the Investment Framework, Solid Waste, Protection Open Space and Housing chapters of the Metropolitan Development Guide. . b. The Amendment is not consistent with the Development Framework chapter. The Plan Amendment should be revised so that no sewer facilities are extended to areas outside the Urban Service Area as defined by the City's Comprehensive Plan. When additional sewer capacity is available, new areas of service should be contiguous to the existing service area. B. That this staff report together with the Council recommendations be submitted to the Minnesota Municipal Board (MMB) for inclusion in the hearing record of the annexation proceedings; and, That the Council participate as a party to the. MMB proceedings if necessary to ensure that the staff report and Council recommendations are included in the official hearing record of the proceedings. PP:bm 01.29.82 BM194Y • • METROPOLITAN COUNCIL 300 Metro Square Building, Saint Paul, Minnesota 55101 RESOLUTION NO. 82- RESOLUTION APPROVING COUNCIL REVIEW OF KIMMEL ANNEXATION AMENDMENT TO THE OAK PARK HEIGHTS COMPREHENSIVE PLAN WHEREAS, the Metropolitan Council , pursuant to the Metropolitan Land Planning Act has reviewed the City of Oak Park Heights Comprehensive Plan and Resolution No. 81-89; and adopted a Plan review report, in esolut on 81-89; WHEREAS, the City of Oak Park Heights by letter submitted November 25, 1981, has transmitted an Amendment to its adopted Comprehensive Plan in accordance with the Metropolitan Land Planning Act and the Council Guidelines for Reviewing Local Comprehensive Plan Amendments; and WHEREAS, the Council has reviewed the Plan amendment in accordance with the Metropolitan Land Planning Act in Council Referral File No. 7803-4; and WHEREAS, The Council has determined that the proposed Amendment may have a substantial impact on the metropolitan sewer system; and WHEREAS, the proposed Amendment has been reviewed for apparent consistency with • other adopted Metropolitan Development Guide chapters. NOW, THEREFORE, BE IT RESOLVED by the Metropolitan Council : That the City of Oak Park Heights be informed that the Kimmel Annexation Amendment to its adopted Comprehensive Plan is not in conformity with the metropolitan sewer system and is not fully consistent with other Metropolitan Council Development Guide chapters as described in Report of the Physical Development Committee No. 82-06; and That a Plan modification is required as authorized in MSA 473.175, and is described in the Report of the Physical Development Committee referenced above. That this staff report together with the Council recommendations be submitted to the Minnesota Municipal Board (MMB) for inclusion in the hearing record of the annexation proceedings; and, That the Council participate as a party to the MMB proceedings if necessary to ensure that the staff report and Council recommendations are included in the official hearing record of the proceedings. Adopted this day of 1982. METROPOLITAN COUNCIL • Charles R. Weaver, Chairman Eugene E. Franchett, Secretary • • • 0Zyy W w N fL 1 ATTACHMENT 1 .•'‘� a c / c,S I c4 -11 = r;:,'' / • m g (' , 7 apw i h I j• aow C x l ! f / 1 SO>W Cl. N W = /• 11111 - E 3 3 a ; T'1 i � OcNrfO If /• �.� ,v • /' 1 (. J /•• % 1 111 If liii'll II /, ,1{� X11111. I 1 ,,1111111 I,II/ �s I ,� I '3,�■ )11j{ iI�lr ,./.-/ �,J / l) 1111111111 1114.11 Ha '1.i •ill 1 .)'� '� .I.1 , % s •4 _ 4: 6 LAJ I✓ A ,nJ ' ^ ° . « _• , _ N 3 i WWiv3J ." �11 ) L) ...... ..•. m 0 =F z i. .'"Ii NI` "Iii mv:;' Jtfi;w ; 0*.' \ • N • 11 i JI tct a, R_ •rd I'-" II 1 1n 'I( .,wa. Z I .� 1 tn'I I1 !, 21.. X Ef 1 „ ;I -.] 1 \ o j :,. \ 3 of •*--,0 4] '11 � '.„--__: � --Asa-•FSzI \ �, ira..-1, II o� 1 :--�- \ a ' 11 :v1'rr.it ” O I. I y , i _ Kl t I; W L)„r(r..n''N y J.,vshf ^1 c:.� I' ,h 1. ir.r r:••L 1._..N \,--I I " na d77 ih�� • i IN-:{nv 731iC1 ,1 �I ; It Jj :IL"UI III 14 a9,+4' 1i1 . ;;I.- - _- - i�l�hc�( f . :' .. • Ill Phone: 612/43E-01Z; .,., . �, . . .:4 1 . .. ATTACHME T CITY OF STILLWATER .i;';- On the Beautiful St. Croix 216 North Fourth Street MAYOR STILLWATER,MINNESOTA FINANCE DIRECTOR-COORDINATOR DAVID C.JUNKER 55082 NILE L.KRIESEL COUNCILMEN: CITY CLERK BARBARA AV1SE DOROTHY R.SCHNELL ANNE MARIE BODLOVICK BRAD MAC DONALD CITY ATTORNEY HARRY 0.PETERSON December 10, 1981 DAVID T.MAGNUSON ROUTING Ad min. P. R. ✓ Mr. Charles Weaver, Chairman H. R. CS/P10 Metropolitan Council 300 Metro Square Bldg.. DEC I.981 St. Paul, Minnesota 55101 -or your;niormaon In re :. Oak Park Heights Comprehensive 'rave ap rooriate action Plan Amendments Please reply Prepare reply for Chmn sig Dear Mr. Weaver: The City of Stillwater has reviewed the proposed amendments to the Oak Park Heights Comprehensive Plans and has the following concerns regarding the amendments : 4110 First, the plan amendment indicates a desire to annex property that g will require the extension of the Oak Park Heights urban service area to provide sewer service to the annexed land. It should be determined what sort of impact these annexations will have upon the existing capacity in the Stillwater Treatment Plant . Next, one of the proposed annexations includes part of the property in a watershed contributory to the Greer Street storm sewer. There is no indication that the Oak Park Heights Plan Amendment addressses the need for ponding on this area to properly handle storm sewer flows in its developed state . Our Greeley Street downstream improve- ments are predecated upon the flow under T. H. 36 not being substan- tially increased. Thank you for your consideration in this matter . Very truly yours , / -`C( Nile L . Kriesel Finance Director/Coordinator • NLK: ds • • • NORTHWEST ASSOCIATED CONSULTANTS INC. January 29, 1982 Mr. Lyle Eckberg Eckberg, Lammers, Briggs & Wolff 126 South 2nd Street Stillwater, Minnesota 55082 Mr. Joe Anderlik Bonestroo, Rosene, Anderlik & Associates 2335 W. Highway 36 St. Paul , Minnesota 55113 RE: Oak Park Heights - Kimmel Annexation File No: 798.02 - 81.22 Gentlemen: The Metropolitan Council staff has questioned whether City officials and staff would like to meet with them prior to their report on the Kimmel Annexation matter going to the Physical Development Committee on 4 February. The purpose of the meeting would apparently be to resolve any differences and potentially look at how the long term treatment capacity issue might be resolved. If you believe there to be any benefit to such a meeting, please advise me and I will act accordingly. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: LaVonne Wilson Harold Kimmel 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 r • • • NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Oak Park Heights Mayor and City Council FROM: David Licht "��``� DATE: 2 February 1982 RE: Kimmel Annexation FILE NO: 798.02 - 81.22 Attached is a copy of the Metropolitan Council staff report and recommendation on the Oak Park Heights Comprehensive Plan amend- ment which addresses the Kimmel Annexation. This matter will be reviewed and acted upon by the Council 's Physical Development Committee on 4 February and the full Metropolitan Council on 11 February. cc: LaVonne Wilson Lyle Eckberg Joe Anderlik Harold Kimmel 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 s1 r Hy` s 'H— rr,, ' kg l s 4, r r a ' • • :, , ,p.1.,„t.„,iy4iy , ,,,i,,,!.,..,-t, METROPOLITAN COUNCIL Suite 300 Metro Square Building, St. Paul , Minnesota 55101 L: MEMORANDUM January 29, 1982 TO: Physical Development Committee �•B 1 Sig FROM: Comprehensive Planning (Pat Pahi ) SUBJECT: Oak Park Heights Comprehensive Plan Amendment Kimmel Annexation Area Metropolitan Council District 14 Metropolitan Council Referral File No. 7803-4 I. AUTHORITY TO REVIEW ,,' .;- The Metropolitan Land Planning Act of 1976 requires that amendments to local comprehensive plans be prepared, submitted to the Metropolitan Council for review and adopted in the same manner as the original plans. Minn. Stat. 473.864, subd. 2 (1978) . Guidelines adopted pursuant to Minn. Stat. 473.854 for reviewing proposed amendments provide a 90 day - ;. review period for amendments potentially affecting one or more of the metropolitan systems. Oak Park Heights submitted the proposed amendment ; ' ' ,; for review on November 26, 1981. On December 3, 1981, the Chairman i , determined that the amendment presented a potential impact on � ;. `°�' 4r,�< metropolitan systems. The 90 day deadline for review of the amendment 6,,,,, ' s is -February 23, 1982. II. DESCRIPTION AND ISSUES 4 The City of Oak Park Heights is proposing to annex and provide sewer service to approximately 32 acres of land located west of County Road 67 ` 1 (Osgood Avenue) and contiguous to the City at the northeast corner' df the ' ' �'!' property. The area is physically separated from the City to the north by'; ,,, `;`;��LI, . r. f the Bayport Wildlife Management Area owned by the Minnesota Department of Natural Resources (see map, Attachment 1) . , 7t ?; The stated purpose of the annexation is to provide public sewer' and water to the property and to increase the supply of residential land in ,, ,,., ? Oak Park Heights. No development has been proposed for the area. Thq ',:i °x City has calculated potential development at medium density residential rv;r 'I, , (3.7 units/acre) with an anticipated sewer flow of .02016 mgd at full . 4. ' $ development. f ,� i T In order to provide sewer service to this area, a gravity line,Wj)l be 1,; ' '`; ' `` run south from the interceptor serving the new state prison facility andl ,„a . ' then west across Baytown Township land to the proposed annexation”-area. 3ik',,r; v. Two issues are raised by this annexation: 1) sewage flow in excess of , (;,u `' , t''1 1990 forecasts, and 2) providing metropolitan sewer service to' a rural 14 I, area. :�f ' � �,�, i 1 . YAff it '.!,,,P, 4�i r ,1 y7A t, 0d ,” i s t ' 4 Y 4 4( , • • 2 • • •III. ANALYSIS A. Conformity with Metropolitan System Plans 1. Sewers (Barbara Moeller) The Council 's Water Quality Management Policy Plan projected a 1990 flow forecast of .38 mgd for the City of Oak Park Heights. • The City's Comprehensive Plan estimated its 1990 flow at .386 mgd (excluding flow from the new state prison facility) which was found in the plan review process to be consistent with the Council 's forecast. On October 23, 1981 Oak Park Heights submitted a Plan Amendment proposing annexation and extension of sewers to an area of • Baytown Township located along Highway 36 (Oak Park Heights Plan Amendment 7803-3, Greeley - Highway 36 Annexation Area) . In that Plan Amendment, the City undertook an indepth analysis of its existing and projected 1990 land uses. By calculating 1990 sewage flows from infill and major undeveloped areas (including the Greeley - Highway 36 annexation area) and adding that to the City's 1981 metered flow, a 1990 flow of .373 mgd is projected. That projection is within the Water Quality Management Policy Plan's 1990 flow estimate of .38 mgd. On January 21, 1982, the Council found the Greeley - Highway 36 annexation area Plan Amendment to have no impact on metropolitan systems. However, the Council noted that, with the addition of h 36 its 1990 sewage flow, it the Greeley - Highway 3 area to g low, the City has reached its 1990 capacity. Because of limited capacity in the treatment plant, the annexation of further land to be included in the City's 1990 sewer service area and added to the City's projected 1990 flows represents a significant impact on the metropolitan wastewater disposal system. k, . • The Stillwater Wastewater Treatment Plant is part of the metropolitan sewer system. At present it serves the Cities of yfy� Stillwater and Oak Park Heights; and these cities have been allocated capacity in the plant to 1990 based on the Council 's • forecasts of growth in the area Capacity in the facilities also • has been reserved for the City of Bayport in anticipation of the, , ,ivyY f closing within the decade of the Bayport treatment plant and ' E. conveyance of Bayport sewage to the Stillwater Wastewater:. } r ' Treatment Plant. No additional capacity beyond that allocated to' + Stillwater, Oak Park Heights and Bayport is available in the existing facility. Upgrading of the facility to meet increased ; L demand has been proposed but no firm timetable has been set nor has any commitment of funds been made. Ak�mj, The sewer capacity which would be used by the proposed . annexation area is significant. In addition to the 32 acres 'z + `, proposed in this plan amendment, land in Baytown Township' would be opened up to development by construction of a sewer line across township land to serve the proposed annexation area (see Map Attachment 1) . The cumulative and incremental effect of these proposed additions to the 1990 sewer service area and to 1990 sewage flows represents a significant impact on a metropolitan facility. The City should modify its Plan Amendment • • • 4 • • • Other Development Framework policies for Freestanding Growth Centers applicable to this Plan Amendment are Policy 11 providing that no metropolitan sewer service shall be extended to the rural service area except through a sewer plan and comprehensive plan amendment, and Policy 17g which states that the density of development planned by local authorities should be consistent with the capacity of metropolitan sewer and transportation system. If sewer service is extended to the Kimmel area, it would also require service to an unincorporated rural area not planned for service in the City's or Township's Comprehensive Plans. Service to the Kimmel area itself and to the additional rural area would result in a 1990 flow forecast in excess of the 1990 capacity allocated to Oak Park Heights. The Council recognizes that the supply of vacant developable residential land in the City of Oak Park Heights, while adequate, is not ample, and the City may wish to pursue annexation to increase its land supply. Because of the limited capacity of the existing treatment plant, sewer capacity is not presently available for any additional land. When the treatment plant is upgraded, tentatively scheduled for the 1985-1989 period, Oak Park Heights should request additional capacity to serve additional areas to be annexed. The City should note that these areas are to be planned for service in a staged, orderly and contiguous manner. IV. FINDINGS OF FACT AND CONCLUSION A. Conformity with Metropolitan Systems Plan 1. The Oak Park Heights Park amendment conforms to the regional system plans for transportation, parks and airports. 2. The Oak Park Heights Plan Amendment is not is conformance with the Water Quality Management Policy Plan's 1990 flow projection of .38 mgd. This nonconformity represents an impact on the system plan and could potentially impact the metropolitan disposal system significantly. The Amendment proposes a 1990 sewer flow in excess of Council forecasts; and service to the proposed annexation area would open up further areas for service with additional flow. B. Compatibility with Other Governmental Units' Plans Baytown Township Comprehensive Plan designates the proposed annexation area as agricultural to 1990. The City of Stillwater has submitted a letter to the Council indicating its concern about the impact of the proposed annexation on the capacity of the Stillwater Treatment Plant. C. Consistency with Other Guide Chapters 1. Metropolitan Development Framework The Plan Amendment is not consistent with Development Framework policies because it proposes extension of sewer facilities to an area which is not contiguous to the City's service area, and • • 3 • so that its flow projection and sewer service area are consistent with Council estimates. B. Compatibility with Other Governmental Units' Plans The Baytown Township Plan has been submitted to the Council for review, but the review is not yet complete. Baytown has planned the Kimmel area as an agricultural area with maximum development of four units per 40 acres. The township area through which the sewer line • would run has been planned as low density residential with a minimum lot size of 2.5 acres. The township Plan states a preference for consolidation or orderly annexation to resolve boundary issues. The City of Stillwater has submitted a letter to the Council commenting on the proposed annexation (Attachment 2) . Stillwater has stated its concern with the impact of the annexation on the existing capacity in the Stillwater Treatment Plant. C. Consistency with Other Guide Chapters • I. Framework The area proposed for annexation in this Plan Amendment meets the requirements of the law as contiguous to or abutting a municipality--Oak Park Heights. Minnesota Statutes 414.011, Subd. 6, (1980), defines the word abutting as referring to areas "whose boundaries at least touch one another at a single point, including areas whose boundaries would touch, but for an intervening roadway, railroad, waterway, or parcel of publicly owned land." Thus, although the Kimmel area is separated from the city boundary by a DNR-owned parcel and a county road, the area is considered contiguous for the purposes of annexation. From the perspective of Development Framework, however, the Kimmel area is not contiguous in terms of municipal services. Because the Kimmel area is physically separated from the City by the Bayport Wildlife Management Area, it is not contiguous to a service area of the City. Development Framework recognizes the likelihood that Freestanding Growth Centers may have to expand beyond their present boundaries, but states that expansion should be in "a staged, contiguous manner through a coordinated program of public service extensions." (Policy 17.c. ) To provide sewer service to the proposed annexation area, a sewer line would have to be constructed across a substantial area of township land, estimated at up to 100 acres which would be assessed for and have access to City sewer service. This area has not been included in the Plan Amendment as part of the proposed service area nor has the City proposed annexing it. Development Framework Policy 17 states that: "Freestanding Growth Centers shall plan to accommodate urban development based upon their abilities to supply urban services to that development. Extension of services outside of existing corporate boundaries should be consistent with a sequential ,. orderly annexation plan prepared in cooperation with neighoring areas." No orderly annexation plan is in effect between Oak Park Heights and Baytown Township. f • it would extend sewer facilities to a rural area without a comprehensive plan or sewer plan amendment and without an annexation plan. 2. The Plan Amendment is consistent with other guide chapters of the Metropolitan Development Guide. V. RECOMMENDATIONS A. That the City of Oak Park Heights be advised that: 1. This report constitutes the Council 's official review required under the Metropolitan Land Planning Act. 2. A Plan Amendment modification is required as authorized in Minnesota Statutes Sec. 473.175, Subd. 1: a. The land use plan and sewer policy plan be modified to be consistent with the Water Quality Management Policy Plan 1990 flow forecast of .38 mgd. 3. The Amendment is in conformance with metropolitan systems plans for transportation, parks and airports. 4. The Amendment is not compatible with the Baytown Township Comprehensive Plan. The City and Township should work together to resolve boundary adjustment issues. 5. The Amendment relates to other Metropolitan Development Guide t chapters as follows: �•+ a. The Oak Park Heights Plan Amendment is consistent with the Investment Framework, Solid Waste, Protection Open Space and Housing chapters of the Metropolitan Development Guide. b. The Amendment is not consistent with the Development Framework chapter. The Plan Amendment should be revised so that no sewer facilities are extended to areas outside the Urban Service Area as defined by the City's Comprehensive Plan. When additional sewer capacity is available, new areas of service should be contiguous to the existing service area. B. That this staff report together with the Council recommendations be submitted to the Minnesota Municipal Board (MMB) for inclusion in the hearing record of the annexation proceedings; and, That the Council participate as a party to the MMB proceedings if necessary to ensure that the staff report and Council recommendations are included in the official hearing record of the proceedings. PP:bm 01.29.82 BM194Y • 300 Metro Square Building, Saint Paul, Minnesota 55101 RESOLUTION NO. 82- RESOLUTION APPROVING COUNCIL REVIEW OF KIMMEL ANNEXATION AMENDMENT TO THE OAK PARK HEIGHTS COMPREHENSIVE PLAN WHEREAS, the Metropolitan Council , pursuant to the Metropolitan Land Planning Act has reviewed the City of Oak Park Heights Comprehensive Plan and adopted a Plan review report, in Resolution No. 81-89; and WHEREAS, the City of Oak Park Heights by letter submitted November 25, 1981, has transmitted an Amendment to its adopted Comprehensive Plan in accordance with the Metropolitan Land Planning Act and the Council Guidelines for Reviewing Local Comprehensive Plan Amendments; and WHEREAS, the Council has reviewed the Plan amendment in accordance with the Metropolitan Land Planning Act in Council Referral File No. 7803-4; and WHEREAS, The Council has determined that the proposed Amendment may have a substantial impact on the metropolitan sewer system; and WHEREAS, the proposed Amendment has been reviewed for apparent consistency with other adopted Metropolitan Development Guide chapters. NOW, THEREFORE, BE IT RESOLVED by the Metropolitan Council : That the City of Oak Park Heights be informed that the Kimmel Annexation Amendment to its adopted Comprehensive Plan is not in conformity with the metropolitan sewer system and is not fully consistent with other Metropolitan Council Development Guide chapters as described in Report of the Physical Development Committee No. 82-06; and That a Plan modification is required as authorized in MSA 473.175, and is described in the Report of the Physical Development Committee referenced above. That this staff report together with the Council recommendations be submitted to the Minnesota Municipal Board (MMB) for inclusion in the hearing record of the annexation proceedings; and, That the Council participate as a party to the MMB proceedings if necessary to ensure that the staff report and Council recommendations are included in the official hearing record of the proceedings. Adopted this day of , 1982. METROPOLITAN COUNCIL Charles .R. Weaver, Chairman Eugene E. Franchett, Secretary . . a ' 0 Ci . 1 .., ATTACHMENT 1 ... . • 2-,4 0 5-.11 l.'''-:--,1,'"•:•.; ,4.-.4,.. • 1-•- Z 0- LU I! • — • I I L-- ..J.•2 a tu I. / i F 11 i I ,' I .e/ .• \I §aZ < el / 'I 1 )1. "7-: 1.•a 1-• T g cciy, a. i / (4 tij CnZ 1 • .. 1 III lit • . _4,,,./ .11111 1 il ri "kt he qi i 2 1 )1c9d 1 0-/ •ii II 1 1114, -,5 ct . ccfnz 11 o cn o , 4,41%. .1 i • 1 1 1 11 i 0 Z 4 C.) i e I'l ill 1 i Ili, / • H' / f e 1 1 i iv • i c e• i / 'II 1 l'I.ii 1111!11 • 4i ilil 1 1111;111y' I , 1 '■ ...)• As ;111111.1111111 1 l':•11111° li i ,. • i , .1 , lr 11 11111 111111' 1, ,, 1 ,... . „ ‘ , IIII II 111111110 i , ! .. . . / 11 1111 ' IIIIII111' . , . 0 ' . , • -;:, .. -; I II 11 l's li ii3' !..,i . ..,". „• ..., .. il I II ,t4 ,1 t,• t•• 't 111 11 1 '11[1111') 111) • i I .•..' ' 1'7i1 Nil • 141' ...... ...., i • . • • '.1i W - CZ Iiii IL 1'••''•i • i .-- ,...; ir ...4 1 il il '3' • ..-''''-' r,I1.-,..t,: f'".. 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'''4.fi7A.:1j.. 1( 1 ' I _______________ ‘ .:: , iiiiiim:::::::::::::vig.: \ !! 0.4,4 A r ; -I' ..,•...e.•,........•,.• cv 2: afigleg ilDILErr, .. \ v ; I 'Fz.I,Iii i ; -,..., , 0-) :;::::.:;:;:::.::::ii:i:;;;:;:lii::::::::;::::::::::;:::;: scl Z,...2-. .." :: - ::::::::,::::::::.::::.:::::::::::::::::::::::::•;:::::.: • ty :.1 • 1 i;1. I ; • • g 1*. II'.ir . F • .: 1 • I . „ •1/v e''‘'....'\.\.■\ 1.4"."..n OZg I. 6.•-01 . L. ' -- -1:' •II • , \' k:, 1,•• .....1 f , ! , •,., r :.• . •1! k If 1 V' 1. \\it .• ''''- 1 1 j o, i li =--.---.PJ.-frli:;C"74 H i 11 11 1 LI110/ f 1 I ..t:-..!•Liii ;14,;,..1.,,, ill ":. ts•: • [2.11ili --- • • 1 • Phone: 612/4354312: ATTACHM C Y OF! TILL\\! TER On the Beautiful St. Croix 216 North Fourth Street MAYOR $TII.LWATER,MINNESOTA FINANCE DIRECTOR.000RDINATOR DAVID C.JUNKER NILE L.KRIESEL 55082' COUNCILMEN: CITY CLERK BARBARA AVISE DOROTHY R.SCHNELL ANNE MARIE BODLOVICK BRAD MAC DONALD CITY ATTORNEY HARRY 0.PETERSON December 10 , 1981 DAVID T.MAGNUSON ROUTING Admin. P. R. H. R. Mr. Charles Weaver, Chairman H. R. , Metropolitan Council 300 Metro Square Bldg. DEC 1 • ;CBI St. Paul, Minnesota 55101 Or your:niorrnaLon In re:. Oak Park Heights Comprehensive Ta!e ap;roona:e ac':on Plan Amendments Please rep`y Prepare reply for Crmn s+g Dear Mr . Weaver: The City of Stillwater has reviewed the proposed amendments to the Oak Park Heights Comprehensive Plans and has the following concerns regarding the amendments : First, the plan amendment indicates a desire to annex property that will require the extension of the Oak Park Heights urban service area to provide sewer service to the annexed land. It should be determined what sort of impact these annexations will have upon the existing capacity in the Stillwater Treatment Plant . Next, one of the proposed annexations includes part of the property in a watershed contributory to the Greelrr Street storm sewer. There is no indication that the Oak Park Heights Plan Amendment addressses the need for ponding on this area to properly handle storm sewer flows in its developed state . Our Greeley Street downstream improve- ments are predecated upon the flow under T. H. 36 not being substan- tially increased. Thank you for your consideration in this matter. Very truly yours , f / . /f.�i�t' c7 -7C 4t. . wQ Nile L. Kriesel • Finance Director/Coordinator NL.K: ds • . • . For Release: 4:00 p.m., 02.11.82 Business Item No. 8-5 METROPOLITAN COUNCIL Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 291-6359 February 5, 1982 REPORT OF THE PHYSICAL DEVELOPMENT COMMITTEE REFERRAL REPORT NO. 82-10 TO: Metropolitan Council SUBJECT: Oak Park Heights Comprehensive Plan Amendment Kimmel Annexation Area Metropolitan Council District 14 Metropolitan Council Referral File No. 7803-4 On February 4, 1982, the Physical Development Committee considered the attached report on the Comprehensive Plan Amendment for the City of Oak Park Heights. The recommendations were adopted as follows: RECOMMENDATIONS A. That the City of Oak Park Heights be advised that: 1. This report constitutes the Council 's official review required under the Metropolitan Land Planning Act. 2. A Plan Amendment modification is required as authorized in Minnesota Statutes Sec. 473.175, Subd. 1: a. The land use plan and sewer policy plan be modified to be consistent with the Water Quality Management Policy Plan 1990 flow forecast of .38 mgd. 3. The Amendment is in conformance with metropolitan systems plans for transportation, parks and airports. 4. The Amendment is not compatible with the Baytown Township Comprehensive Plan. The City and Township should work together to resolve boundary adjustment issues. 5. The Amendment relates to other Metropolitan Development Guide chapters as follows: • a. The Oak Park Heights Plan Amendment is consistent with the Investment Framework, Solid Waste, Protection Open Space and Housing chapters of the Metropolitan Development Guide. • • • City of Oak Park Heights • Comprehensive Plan Amendment Page Two b. The Amendment is not consistent with the Development Framework chapter. The Plan Amendment should be revised so that no sewer facilities are extended to areas outside the Urban Service Area as defined by the City`s Comprehensive Plan. When additional sewer capacity is available, new areas of service should be contiguous to the existing 9 service area. B. That this staff report, together with the Council recommendations, be submitted to the Minnesota Municipal Board (MMB) for inclusion in the hearing record of the annexation proceedings; and, That the Council participate as a party to the MMB proceedings if necessary to ensure that the staff report and Council recommendations are included in the official hearing record of the proceedings. Respectfully submitted, Marcia Bennett, Chairperson MB:emp Attachment W145P3 i li • • • METROPOLITAN COUNCIL 300 Metro Square Building, Saint Paul, Minnesota 55101 RESOLUTION NO. 82- RESOLUTION APPROVING COUNCIL REVIEW OF KIMMEL ANNEXATION AMENDMENT TO THE OAK PARK HEIGHTS COMPREHENSIVE PLAN WHEREAS, the Metropolitan Council, pursuant to the Metropolitan Land Planning Act has reviewed the City of Oak Park Heights Comprehensive Plan and adopted a Plan review report, in Resolution No. 81-89; and WHEREAS, the City of Oak Park Heights by letter submitted November 25, 1981, has transmitted an Amendment to its adopted Comprehensive Plan in accordance with the Metropolitan Land Planning Act and the Council Guidelines for Reviewing Local Comprehensive Plan Amendments; and WHEREAS, the Council has reviewed the Plan amendment in accordance with the Metropolitan Land Planning Act in Council Referral File No. 7803-4; and WHEREAS, The Council has determined that the proposed Amendment may have a substantial impact on the metropolitan sewer system; and WHEREAS, the proposed Amendment has been reviewed for apparent consistency with other adopted Metropolitan Development Guide chapters. 4111 NOW, THEREFORE, BE IT RESOLVED by the Metropolitan Council : That the City of Oak Park Heights be informed that the Kimmel Annexation Amendment to its adopted Comprehensive Plan is not in conformity with the metropolitan sewer system and is not fully consistent with other Metropolitan Council Development Guide chapters as described in Report of the Physical Development Committee No. 82-10; and That a Plan modification is required as authorized in MSA 473.175, and is described in the Report of the Physical Development Committee referenced above. That this staff report together with the Council recommendations be submitted to the Minnesota Municipal Board (MMB) for inclusion in the hearing record of the annexation proceedings; and, That the Council participate as a party to the MMB proceedings if necessary to ensure that the staff report and Council recommendations are included in the official hearing record of the proceedings. Adopted this day of , 1982. METROPOLITAN COUNCIL Charles R. Weaver, Chairman Eugene E. Franchett, Secretary • • METROPOLITAN COUNCIL 4111 Suite 300 Metro Square Building, St. Paul , Minnesota 55101 MEMORANDUM January 29, 1982 TO: Physical Development Committee FROM: Comprehensive Planning (Pat Pahl) SUBJECT: Oak Park Heights Comprehensive Plan Amendment Kimmel Annexation Area Metropolitan Council District 14 Metropolitan Council Referral File No. 7803-4 I. AUTHORITY TO REVIEW The Metropolitan Land Planning Act of 1976 requires that amendments to local comprehensive plans be prepared, submitted to the Metropolitan Council for review and adopted in the same manner as the original plans. Minn. Stat. 473.864, subd. 2 (1978) . Guidelines adopted pursuant to Minn. Stat. 473.854 for reviewing proposed amendments provide a 90 day review period for, amendments potentially affecting one or more of the metropolitan systems. Oak Park Heights submitted the proposed amendment for review on November 26, 1981. On December 3, 1981, the Chairman • • determined that the amendment presented a potential impact on metropolitan systems. The 90 day deadline for review of the amendment is February 23, 1982. II. DESCRIPTION AND ISSUES The City of Oak Park Heights is proposing to annex and provide sewer service to approximately 32 acres of land located west of County Road 67 (Osgood Avenue) and contiguous to the City at the northeast corner of the property. The area is physically separated from the City to the north by the Bayport Wildlife Management Area owned by the Minnesota Department of Natural Resources (see map, Attachment 1) . The stated purpose of the annexation is to provide public sewer and water to the property and to increase the supply of residential land in Oak Park Heights. No development has been proposed for the area. The City has calculated potential development at medium density residential (3.7 units/acre) with an anticipated sewer flow of .02016 mgd at full development. In order to provide sewer service to this area, a gravity line will be run south from the interceptor serving the new state prison facility and then west across Baytown Township land to the proposed annexation area. Two issues are raised by this annexation: 1) sewage flow in excess of 1990 forecasts, and 2) providing metropolitan sewer service to a rural area. • • • 2 III. ANALYSIS A. Conformity with Metropolitan System Plans 1. Sewers (Barbara Moeller) The Council 's Water Quality Management Policy Plan projected a 1990 flow forecast of .38 mgd for the City of Oak Park Heights. The City's Comprehensive Plan estimated its 1990 flow at .386 mgd (excluding flow from the new state prison facility) which was found in the plan review process to be consistent with the Council 's forecast. On October 23, 1981 Oak Park Heights submitted a Plan Amendment proposing annexation and extension of sewers to an area of Baytown Township located along Highway 36 (Oak Park Heights Plan Amendment 7803-3, Greeley - Highway 36 Annexation Area). In that Plan Amendment, the City undertook an indepth analysis of its existing and projected 1990 land uses. By calculating 1990 sewage flows from infill and major undeveloped areas (including the Greeley - Highway 36 annexation area) and adding that to the City's 1981 metered flow, a 1990 flow of .373 mgd is projected. That projection is within the Water Quality Management Policy Plan's 1990 flow estimate of .38 mgd. On January 21, 1982, the Council found the Greeley - Highway 36 annexation area Plan Amendment to have no impact on metropolitan systems. However, the Council noted that, with the addition of • the Greeley - Highway 36 area to its 1990 sewage flow, the City has reached its 1990 capacity. Because of limited capacity in the treatment plant, the annexation of further land to be included in the City's 1990 sewer service area and added to the City's projected 1990 flows represents a significant impact on the metropolitan wastewater disposal system. The Stillwater Wastewater Treatment Plant is part of the metropolitan sewer system. At present it serves the Cities of Stillwater and Oak Park Heights; and these cities have been allocated capacity in the plant to 1990 based on the Council 's forecasts of growth in the area. Capacity in the facilities also has been reserved for the City of Bayport in anticipation of the closing within the decade of the Bayport treatment plant and conveyance of Bayport sewage to the Stillwater Wastewater Treatment Plant. No additional capacity beyond that allocated to e 1 p y y Stillwater, Oak Park Heights and Bayport is available in the existing facility. Upgrading of the facility to meet increased demand has been proposed but no firm timetable has been set nor has any commitment of funds been made. The sewer capacity which would be used by the proposed annexation area is significant. In addition to the 32 acres proposed in this plan amendment, land in Baytown Township would be opened up to development by construction of a sewer line across township land to serve the proposed annexation area (see 1). The cumulative and incremental effect of Map Attachment Th c P ) these proposed additions to the 1990 sewer service area and to 1990 sewage flows represents a significant impact on a metropolitan facility. The City should modify its Plan Amendment • • • 3 so that its flow projection and sewer service area are consistent 4111 with Council estimates. B. Compatibility with Other Governmental Units' Plans The Baytown Township Plan has been submitted to the Council for review, but the review is not yet complete. Baytown has planned the Kimmel area as an agricultural area with maximum development of four units per 40 acres. The township area through which the sewer line would run has been planned as low density residential with a minimum lot size of 2.5 acres. The township Plan states a preference for consolidation or orderly annexation to resolve boundary issues. The City of Stillwater has submitted a letter to the Council commenting on the proposed annexation (Attachment 2) . Stillwater has stated its concern with the impact of the annexation on the existing capacity in the Stillwater Treatment Plant. C. Consistency with Other Guide Chapters 1. Development Framework The area proposed for annexation in this Plan Amendment meets the requirements of the law as contiguous to or abutting a municipality--Oak Park Heights. Minnesota Statutes 414.011, Subd. 6, (1980) , defines the word abutting as referring to areas "whose boundaries at least touch one another at a single point, including areas whose boundaries would touch, but for an intervening roadway, railroad, waterway, or parcel of publicly owned land." Thus, although the Kimmel area is separated from the city boundary by a 0NR-owned parcel and a county road, the area is considered contiguous for the purposes of annexation. From the perspective of Development Framework, however, the Kimmel area is not contiguous in terms of municipal services. Because the Kimmel area is physically separated from the City by the Bayport Wildlife Management Area, it is not contiguous to a service area of the City. Development Develo ment Framework recognizes the li k eli h ood t h at Freestanding Growth Centers may have to expand beyond their present boundaries, but states that expansion should be in "a staged, contiguous manner through a coordinated program of public service extensions." (Policy 17.c.) To provide sewer service to the proposed annexation area, a sewer P p P line would have to be constructed across a substantial area of township land, estimated at up to 100 acres which would be assessed for and have access to City sewer service. This area has not been included in the Plan Amendment as part of the proposed service area nor has the City proposed annexing it. Development Framework Policy 17 states that: "Freestanding Growth Centers shall plan to accommodate urban development based upon their abilities to supply urban services to that development. Extension of services outside of existing corporate boundaries should be consistent with a sequential, orderly annexation plan prepared in cooperation with neighoring areas." No orderly annexation plan is in effect between Oak Park Heights and Baytown Township. • • • 4 Other Development Framework policies for Freestanding Growth Centers applicable to this Plan Amendment are Policy 11 providing that no metropolitan sewer service shall be extended to the rural service area except through a sewer plan and comprehensive plan amendment, and Policy 17g which states that the density of development planned by local authorities should be consistent with the capacity of metropolitan sewer and transportation system. If sewer service is extended to the Kimmel area, it would also require service to an unincorporated rural area not planned for service in the City's or Township's Comprehensive Plans. Service to the Kimmel area itself and to the additional rural area would result in a 1990 flow forecast in excess of the 1990 capacity allocated to Oak Park Heights. The Council recognizes that the supply of vacant developable residential land in the City of Oak Park Heights, while adequate, is not ample, and the City may wish to pursue annexation to increase its land supply. Because of the limited capacity of the existing treatment plant, sewer capacity is not presently available for any additional land. When the treatment plant is upgraded, tentatively scheduled for the 1985-1989 period, Oak Park Heights should request additional capacity to serve additional areas to be annexed. The City should note that these areas are to be planned for service in a staged, orderly and contiguous manner. IV. FINDINGS OF FACT AND CONCLUSION 410 A. Conformity with Metropolitan Systems Plan 1. The Oak Park Heights Park amendment conforms to the regional system plans for transportation, parks and airports. 2. The Oak Park Heights Plan Amendment is not is conformance with the Water Quality Management Policy Plan's 1990 flow projection of .38 mgd. This nonconformity represents an impact on the system plan and could potentially impact the metropolitan disposal system significantly. The Amendment proposes a 1990 sewer flow in excess of Council forecasts; and service to the proposed annexation area would open up further areas for service with additional flow. B. Compatibility with Other Governmental Units' Plans Baytown Township Comprehensive Plan designates the proposed annexation area as agricultural to 1990. The City of Stillwater has submitted a letter to the Council indicating its concern about the impact of the proposed annexation on the capacity of the Stillwater Treatment Plant. C. Consistency with Other Guide Chapters 1. Metropolitan Development Framework The Plan Amendment is not consistent with Development Framework policies because it proposes extension of sewer facilities to an area which is not contiguous to the City's service area, and • 4 • it would extend sewer facilities to a rural area without a comprehensive plan or sewer plan amendment and without an annexation P lan. Plan Amendment is consistent with other guide chapters of the 2. The la Am 9 P Metropolitan Development Guide. V. RECOMMENDATIONS A. That the City of Oak Park Heights be advised that: 1. This report constitutes the Council 's official review required under the Metropolitan Land Planning Act. 2. A Plan Amendment modification is required as authorized in Minnesota Statutes Sec. 473.175, Subd. 1: a. The land use plan and sewer policy plan be modified to be consistent with the Water Quality Management Policy Plan 1990 flow forecast of .38 mgd. 3. The Amendment is in conformance with metropolitan systems plans for transportation, parks and airports. 4. The Amendment is not compatible with the Baytown Township Comprehensive Plan. The City and Township should work together to resolve boundary adjustment issues. 1111 5. The Amendment relates to other Metropolitan Development Guide chapters as follows: a. The Oak Park Heights Plan Amendment is consistent with the Investment Framework, Solid Waste, Protection Open Space and Housing chapters of the Metropolitan Development Guide. b. The Amendment is not consistent with the Development Framework chapter. The Plan Amendment should be revised so that nd sewer facilities are extended to areas outside the Urban Service Area as defined by the City's Comprehensive Plan. When additional sewer capacity is available, new areas of service should be contiguous to the existing service area. B. That this staff report together with the Council recommendations be submitted to the Minnesota Municipal Board (MMB) for inclusion in the hearing record of the annexation proceedings; and, That the Council participate as a party to the MMB proceedings if necessary to ensure that the staff report and Council recommendations are included in the official hearing record of the proceedings. . PP:bm 01.29.82 BM194Y • • •=p 1 •ATTACHMENT 1 7 '- / t8 a 1 -_ s , 1 __ -,1 r • .- zgz aW far /' ' f N CC f 1 l I 1 /' 1 ; 1 2ex 4 ch F-O r 1 �' ' I�1 _)- a k W ua a (' �gE Ii 3 4 Sg.. <c x ¢25 , f /'. ? r f 1, } 1111 i ■ �� �� 1 V � I {�,, .,, ....2,. : ,.l �3i!� i f l"� ./'� i J 1 1 1�� f�11 � „ i t III i ` it • - / i- ,,1i 1 ,111 „ ;:F.� i� s.i I i lil ' / -;jy � PI.xdNy Y11, 1 L. 11 1' DTI ` �. �^ ..`fig __�� I� a II i 0 / . -- ;!! •- ti: ' . , wY Y ��I r,' : \`, O 1(.741 [a _ � N . I 3+0 531!,0. N eV u uI ,ta, il! v .r v a t 'Ww3v3o i. m C (`r�NOJd' V -' . N 3/10 NCi'JJJ b. �f"� �- (n c) z ^I; >• m ', .I: =I zit. (....r.911:4"." ..,, ;N f�y'M+�+�.--ter—.— �"\� r I N 11 11 0,1. it .1.1,10 I E i o 1 II r 1, 0 . ,=, \ 3 a 1.." e^ ..iD •It ^�I: j' '1-:.. RN t N I :j° I- I W Y I Al . 3,.1r..,:.., II "I'''N 1,r v"...LIZ' 1 'N. jI.I, r+-' 'na 171-711C9u 1 • IIIh �SIL31� °II'4',Iwa' ., , :.a Phone: 6121435 C 12 ...• . ATTACHME .{ CI1Y OF STILLWATER ':,.i.,.;:.,'' On the Beautiful St, Croix 216 North Fourth Street MAYOR STll.LYVATER,MINNESOTA FINANCE DIRECTOR-COORDINATOR DAVID C.JUNKER NILE L.KRIESEL 55082' COUNCILMEN: . CITY CLERK BARBARA AVISE DOROTHY R.SCHNELL ANNE MARIE BODLOVICK BRAD MAC DONALD CITY ATTORNEY HARRY D.PETERSON December 10 , 1981 DAVID T.MAGNUSON ROUTING P . Mr. Charles Weaver, Chairman H. R. Metropolitan Council 300 Metro Square Bldg. DFC _ ;Sp; St. Paul, Minnesota 55101 ;-or your iniormat:on In re:. Oak Park Heights Comprehensive Tate aperopria:e action t/ Plan Amendments Please reply Prepare reply for Chmn sag Dear Mr. Weaver: The City of Stillwater has reviewed the proposed amendments to the Oak Park Heights Comprehensive Plans and has the following concerns regarding the amendments : . 411 First, the plan amendment indicates a desire to annex property that will require the extension of the Oak Park Heights urban service area to provide sewer service to the annexed land. It should be determined what sort of impact these annexations will have upon the existing capacity in the Stillwater Treatment Plant . Next, one of the proposed annexations includes part of the property in a watershed contributory to the Greer Street storm sewer. There is no indication that the Oak Park Heights Plan Amendment addressses the need for pending on this area to properly handle storm sewer flows in its developed state . Our Greeley Street downstream improve- ments are predecated upon the flow under T. H. 36 not being substan- tially increased. Thank you for your consideration in this matter. Very truly yours , • . /'fie 6 -I��k. <.-.� ..40 Nile L. Kriesel . Finance Director/Coordinator NLK: ds • `-fi M COUN 300 Metro are Building, Saint Paul, Minn ota 55101 RESOLUTION NO. 82-31 RESOLUTION APPROVING COUNCIL REVIEW OF KIMMEL ANNEXATION AMENDMENT TO THE OAK PARK HEIGHTS COMPREHENSIVE PLAN WHEREAS, the Metropolitan Council , pursuant to the Metropolitan Land Planning Act has reviewed the City of Oak Park Heights Comprehensive Plan and adopted a Plan review report, in Resolution No. 81-89; and WHEREAS, the City of Oak Park Heights by letter submitted November 25, 1981, has transmitted an Amendment to its adopted Comprehensive Plan in accordance with the Metropolitan Land Planning Act and the Council Guidelines for Reviewing Local Comprehensive Plan Amendments; and WHEREAS, the Council has reviewed the Plan amendment in accordance with the Metropolitan Land Planning Act in Council Referral File No. 7803-4; and WHEREAS, The Council has determined that the proposed Amendment may have a substantial impact on the metropolitan sewer system; and WHEREAS, the proposed Amendment has been reviewed for apparent consistency with , other adopted Metropolitan Development Guide chapters. NOW, THEREFORE, BE IT RESOLVED by the Metropolitan Council : That the City of Oak Park Heights be informed that the Kimmel Annexation Amendment to its adopted Comprehensive Plan is not in conformity with the metropolitan sewer system and is not fully consistent with other Metropolitan Council Development Guide chapters as described in Report of the Physical Development Committee No. 82-10 ; and That a Plan modification is required as authorized in MSA 473.175, and is described in the Report of the Physical Development Committee referenced above. That this staff report together with the Council recommendations be submitted to the Minnesota Municipal Board (MMB) for inclusion in the hearing record of the annexation proceedings; and, That the Council participate as a party to the MMB proceedings if necessary to ensure that the staff report and Council recommendations are included in the official hearing record of the proceedings. Adopted this 11th day of February 1982. METROPOLITAN COUNCIL hart s R. Weaver, C irman Eugen- . ranchett, Secretary • 11111 le,tmAw;Mr-4'd ff° o �o NtA February 17, 1982 1$4 47 LaVonne Wilson, City Clerk IN Cl"t City of Oak Park Heights 14168 57th Street North 300 Metro Square Building Stillwater, MN 55081 Saint Paul, Minnesota 55101 Telephone 612/291-6359 RE: City of Oak Park Heights Comprehensive Plan Amendment Review RECE%VED Metropolitan Council Referral File No. 7803-4 FEB 18 1982. Dear Ms. Wilson: At its meeting on February 11, 1980, the Metropolitan Council considered the proposed amendment to the Oak Park Heights Comprehensive Plan. This consideration was based on a report of the Physical Development Committee, Referral Report No. 82-10. A copy of the report which was adopted as presented is attached. This amendment proposes to annex and provide sewer service to approximately 32 acres of land located west of County Road 67 (Osgood Avenue) and contiguous to the City at the northeast corner of the property. The Council adopted the following recommendations contained on page five of the attached report: A. That the City of Oak Park Heights be advised that: 1. This report constitutes the Council 's official review required under the Metropolitan Land Planning Act. 2. A Plan Amendment modification is required as authorized in Minnesota Statutes Sec. 473.175, Subd. 1: a. The land use plan and sewer policy plan be modified to be consistent with the Water Quality Management Policy Plan 1990 flow forecast of .38 mgd. 3. The Amendment is in conformance with metropolitan systems plans for transportation, parks and airports. 4. The Amendment is not compatible with the Baytown Township Comprehensive Plan. The City and Township should work together to resolve boundary adjustment issues. 5. The Amendment relates to other Metropolitan Development Guide chapters as follows: a. The Oak Park Heights Plan Amendment is consistent with the Investment Framework, Solid Waste, Protection Open Space and Housing chapters of the Metropolitan Development Guide. An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County An Equal Opportunity Employer 41110 • lb otitalra TeA LaVonne Wilson, City Clerk c"`'? City of Oak Park Heights IN ccT��� February 17, 1982 Page Two 300 Metro Square Building Saint Paul, Minnesota 55101 Telephone 612/291-6359 b. The Amendment is not consistent with the Development Framework chapter. The Plan Amendment should be revised so that no sewer facilities are extended to areas outside the Urban Service Area as defined by the City's Comprehensive Plan. When additional sewer capacity is available, new areas of service should be contiguous to the existing service area. B. That this staff report, together with the Council recommendations, be submitted to the Minnesota Municipal Board (MMB) for inclusion in the hearing record of the annexation proceedings; and, That the Council participate as a party to the MMB proceedings if necessary to ensure that the staff report and Council recommendations are included in the official hearing record of the proceedings. The City of Oak Park Heights has 60 days to appeal this determination. The deadline for such appeal is April 12, 1982. If Oak Park Heights does not appeal this determination, the City cannot adopt and implement the amendment as proposed. Any subsequent modifications to the proposal should be submitted to the Council for review before they are adopted and implemented. Attached is a copy of Resolution No. 82-31 approving the Council 's review of this Plan Amendment. Sincerely, METROPOLITAN COUNCIL Ceimoe.G.) Charles R. Weaver Chairman CRW:bm Attachments cc: Nile Kriesel , City Coord., City of Stillwater Russell Kirby, Clerk, Baytown Township Howard Turrentine, Attorney, Turrentine & Magnuson Terrance A. Merritt, Exec. Sec'y. , MN Municipal Board Pat Pahl , Metropolitan Council Staff An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County An Equal Opportunity Employer S CITY OF OAK PARK HEIGHTS 14168 - 57th Street North STILLWATER, MINNESOTA 55082 439-4439 NOTICE THERE WILL BE NO MUNICIPAL BOARD HEARING ON THE KIMMEL ANNEXATION WEDNESDAY, FEBRUARY 24TH AT 9 : 30 A.M. La Vonne Wilson City Administrator/Treasurer 2461/ V.771 P( A-3826 Oak Park Heights r- BEFORE THE MUNICIPAL BOARD • OF THE STATE OF MIANESOTA Robert J. Ferderer Member Robert W. Johnson Vice Chairman Kenneth Sette Member Joseph Fogarty Ex-Officio Member Lester Rydeen Ex-Officio Member IN THE MATTER OF THE PETITION FOR THE ANNEXATION OF CERTAIN LAND TO THE CITY OF OAK PARK HEIGHTS PURSUANT TO MINNESOTA ) O R D E R STATUTES 414 WHEREAS the petition for annexation of certain land to the City of Oak Park Heights was filed with the Minnesota Municipal Board on June 8, 1981; and WHEREAS a hearing was held on said petition for annexation of certain land to the City of Oak Park Heights on September 2, 1981 and continued from time to time; and WHEREAS council for the petitioners and council fir the township have agreed that the petitioners be allowed to withdraw said petition for annexation of certain land to the City of Oak Park Heights; IT IS HEREBY ORDERED: That the above-entitled petition is withdrawn and the Minnesota Municipal Board file on said petition is hereby closed without prejudice. The property description in said petition is described as follows: All of the Northwest 'Barter of the Northeast ^carter (NT4 of NE ) of Sec- tion Nine (9), Township Twenty-nine (29) North, Range Twenty (20) West except the following: Commencing at the Northeast (NE) corner of the Northwest Quarter of the Northeast Quarter (NW} of NE*) of Section Nine (9); thence South along the East line of said Northwest Quarter of the Northeast ^ua rter (NW4 of NE ) of Sec- tion Nine (9) two hundred ninety-four (294) feet to the point of beginning; thence West at right angles for two hundred (200) feet; thence South and parallel with the East line of_said Northwest Quarter of the Northeast Quarter (NWt of NEE) of Sec- tion Nine (9) for seven hundred twenty-nine and four tenths (729.4) feet; thence West and parallel with the South line of said Northwest Quarter of the Northeast Quarter (NW4 of NEB) of Section Nine (9) for four hundred seventy (470) feet; thence South and parallel with the East line of said Northwest Quarter of the Northeast Quarter (Nt,F4 of NE4) of Section Nine (9) for one hundred twenty-five (125) feet; thence East and parallel with the South line of said Northwest Quarter of the Northeast Quarter (Ntill of NEB) of Section Nine (9) a distance of six hundred seventy (670) feet to the East line of said Northwest Quarter of the Northeast Quarter (NWT of NEn) of Section Nine (9); thence North along the East line of said Northwest Quarter of the Northeast Quarter (N!•j of NEB) of Section Nine (9) a distance of eight hundred fifty-four and four tenths (854.4) feet more or less to the point of beginning. Also excepting the following: CommencinELat the Northeast (NE) corner of the Northwest Quarter of the Northeast Quarter (NW of NE*) of Section Nine (9); thence South along the East line of said Northwest Quarter of the Northeast Quarter (NW4 of NEB;) of Section Nine (9) a distance of one thousand one hundred ninety-eight and four tenths (1,198.4) feet to the point of beginning; thence continue South along the East line of said Northwest Quarter of the Northeast Quarter (NWi of NE4) of Section Nine (9) for one hundred twenty-five (125) feet more or•less to the South- east corner of said Northwest Quarter of the Northeast Quarter (NWIL of NO) of Section Nine (9); thence West along the South line of said Northwest Quarter of the Northeast Quarter (Nt+ of NEi) of Section Nine (9) for five hundred four and seven tenths (504.7) feet; thence North at right angles for a distance of one hundred twenty-five (125) feet; thence East and parallel with the South line of said North- . r -2- 11/0' west ;quarter of the Northeast ^.carter (NW4 of NE4) of Section Nine (9) for five . hundred four and seven tenths (504.7) feet more or less to the. point of beginning. Subject to a fifty (50) foot road easement, the centerline of which is des- cribed as follows: Commencing at the Northeast (NE) corner of the Northwest Quarter of the Northeast Quarter (NW4 of NE) of Section Nine (9); thence South along the East line of said Northwest Quarter of the Northeast Quarter (NW of NE4) of Section Nine (9) for one thousand one hundred seventy-three and four tenths (1,173.4) feet to the point of beginning of the centerline of this fifty (50) foot easement; thence Infest and parallel with the South line of said Northwest Quarter of the Northeast Quarter (NWi of NE4) of Section Nine (9) for six hundred seventy (670) feet, and there terminating. IT IS FURTHER ORDERED: That the effective date of this order is March 16, 1982. Dated this 16th day of March, 1982 Minnesota Municipal Board 165 Metro Square Building St. Paul, Minnesota 55101 a )/176L-t-/ '1 Terrence A. Merritt Executive Director • 1 • s CITY OF OAK PARK HEIGHTS 14168 - 57th Street North STILLWATER, MINNESOTA 55082 439.4439 March 31 , 1982 Metropolitan Council 300 Metro Square Building 7th & Pnber1 Streets St . Paui , Minnesota 55101. Attention : Pat Pahl - Comprehensive Planning Department ?)ear Pat : The petition for annexation from Mr. Harold Kimmel has been withdrawn and the City Council is not requesting A comprehensive Plan amendment at this time. Should you have questions on the above matter, please do not hesitate to contact me. Sincerely, CITY OF OAK PARK HEIGHTS La Vonne Wilson City Administrator/Treasurer LW/lw • SF-00006-01 • STATE OF MIIGIVESOTA • DEPARTMENT MUNICIPAL BOARD Office Memorandum • • TO Interested Parties • DATE: February 19, 1981 FROM _ PHONE: (612)296-2428 Karen Juliot Secretary to th4Director SUBJECT: OA-117-3 Stillwater Annexation • For. your information, the members of the Municipal Board will hold a deliberation Meeting regarding the above-entitled annexation proceeding on Friday, March 13, 1981 at 10:00 a.m. in the Municipal Board Office, Suite 165 Metro Square Bldg. , St. Paul, Minnesota. • You are welcome to sit in on this deliberation meeting; however, no new evidence will be heard. If you have any questions regarding this :matter, please feel free to contact this office. kj • • • • • • • P ;f SF-00006-07 Gam% STATE OF 14 ESOTA DEPARTMENT MUNICIPAL BOARD Office Mer erandurn TO Parties of Record DATE: February 19, 1981 FROM Terrence A. Merrit PHONE: (612)296-2.428 Executive Director SUBJECT: OA-117-3 Stillwater Annexation • Please be advised that the Municipal Board will hold a deliberation meeting on March 13, 1981 at 10:00 a.m. at its offices in Suite 165 Metro Square Building, Saint Paul, Minnesota, to review Minnesota Municipal Board Docket Number OA-117-3 Stillwater, pursuant to the order of Judge Tomljanovich. . Prior to that time, all parties are given until March 3, 1981 to submit any written briefs on the issues raised by Judge Tomljanovich. Subsequent to that, parties are given until March 10, 1981 to submit any response to any briefs submitted by other parties. The parties of record who should receive copies of these briefs or memoranda are the City of Oak Park Heights, the City of Stillwater, and the Town of Stillwater, with • the original going to the Municipal Board. 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