HomeMy WebLinkAboutDNR 1982 •III III , _
CITY OF OAK Pi,RK fiFtCHTS
MINUTES OF MEETING HELD MONDAY , JANUARY 25, 1982
Chairman Seggelke opened the annual !IPA inert too at 6 : 45 P.M.
Present: O' Neal , Westphal, Lane , So!eHerfelet , Fekberg and Wilson.
Discussion ensued regarding HRA otopte . Nemination of officers
were called for with Sommerfeldt movled to re eel present officets .
Seconded by Lang. 5 aye votes. Clerk east an aye vote . Lang
moved to close the meeting , with O' Neal seconding . 5 aye votes .
Meeting closed.
Bid for miscellaneous construction services and eleipment was
opened. Lang moved to adopt a resolution acceptind Miller Excavating
total bid of $339 . 00 . Details available at Clerk ' a off ice.
Seconded by Segoelke. Roll call vote taken with r-) aye votes cast .
Resolution adooted.
Ken Kaiser, City tree inspect r, discussed spring planting of 75
trees. Westphal moved to authorize spectftcations and bids to be
opened Monday , February 22 , 1982 at 7 : 00 P. M . Planting to be
completed on or before May 28 , 1982 . Seconded by Seggelke. 5 aye
votes. Carried.
Lang moved to hold a public hearing Monday, February 8, 1982 at
7: 00 P.M. to amend the zoning ordinance pertaining to certificate
of occupancy - conditional use permits and variances . Seconded by
Westphal . 5 aye votes. Carried.
Tractor-loader bids were discussed with Seggelke moving to purchase
John Deere Model 401C from Valley Equipment Company at a cost of
$77, 619 . 00 . Clerk to return all other bid bonds. Seconded by
O ' Neal. 5 aye votes . Carried.
Cable TV was discussed. Any residk.Lt interested in being on the
Advisory Committee is asked to contact the clerk.
Residents are again requested to rewoee snow from fire hydrants.
Seggelke moved to adopt a resolution amending the City ' s Comprehensive
Plan Policy Plan/Development: Framework addiee the ereeley/#36
annexation area to the City . Seconded by Lang . Roll call vote
taken with 5 aye votes . Resolution adopted.
Seggelke moved to defer assessments on the Dielentheis property.
Seconded by O' Neal . 5 aye votes . Carried.
O' Neal moved to adopt a resolution authorizing City Attorney to
file DNR annexation with the Municipal Board. Seconded by Lang.
Roll call vote taken with 5 aye votes cast . Resolution adopted.
•
NORTHWEST ASSOCIATED CONSULTANTS INC.
MEMORANDUM
TO: -' Oak Park Heights Mayor and City Council
FROM: David Licht I��
DATE: 26 January 1982
RE: Annexation - DNR Property
FILE NO: 798.02
Lyle Eckberg has informed me of your directive to pursue annexation of
the DNR hunting area lying directly south of the City. Prior to this
matter being filed with the Municipal Commission for a review and decision,
a Comprehensive Plan amendment must be processed locally and through the
Metropolitan Council .
The plan amendment process can be expected to take anywhere from forty-five
to one hundred twenty days, depending primarily on whether the Metropolitan
Council considers this a major or minor plan amendment. While there is no
certainty on the Metro's position, from past conversations our office has
had indications that the Metro staff do question the use of firearms on
the property in question.
To initiate the overall process, a public hearing is required for the plan
amendment. It is suggested that at your next meeting you schedule the
required -hearing for your second meeting in February. After such initiation
we will proceed to prepare the necessary materials.
cc: LaVonne Wilson
Lyle Eckberg
Brad Lemberg
•
4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420
. III
'' City of Oak Park Heights
' Minutes of meeting held February 22, 1982
IS (^s, Page two -
Sidewalk along 58th street and Osgood Avenue was discussed. Several
senior citizens maintained it would be needed as an easy access to
and from the Mall area. The question of maintenance arose with
citizens to compile further information for the March 8th meeting.
Seggelke moved to adopt a resolution accepting the drainage easements
Li as proposed and directing Mayor and Clerk to sign same :
Delmar E. & Dorris C. Freeman, Lot 13 , Block 5, Brekke Heights II
William E. & Susan M. Gramenz, Lot 13, Block 5, Brekke Heights II
Thomas D. & Linda L. Martin, Lot 14, Block 5, Brekke Heights II
Gerald J. & Marlene G. Shelley, Lot 15 , Block 5, Brekke Heights II
Evelyn M. Swager, Lot 12, Block 5, Brekke Heights II
Seconded by O 'Neal. Roll call vote taken with 4 aye votes cast. Carried.
Park minutes were discussed. Rinks are closed for the season and
the next Park meeting will be held Tuesday March 16, 1982.
Westphal moved to approve a resolution relating to the annexation of
certain real estate owned by the State of Minnesota which is contig-
uous and adjacent to the City of Oak Park Heights and under the super-
vision of the Department of Natural Resources and directing Mayor and
Clerk to sign same. Seconded by O ' Neal. Roll call vote taken with
4 aye votes cast. Resolution approved.
Seggelke moved to appoint Ken Kaiser to plan a tree planting
celebration for Arbor Day or Month. Seconded by O ' Neal. 4 aye votes.
Carried.
Sommerfeldt moved to adjourn, with Seggelke seconding. 4 aye votes .
Adjourned.
LVonne Wilson,
City Administrator/Treasurer
An Equal Opportunity Employer Bk
O Phone: (612)296-2428
CO ci
4JNNEO
STATE OF MINNESOTA
MUNICIPAL BOARD
Suite 165 Metro Square
7th & Robert Streets
St. Paul, Minnesota 55101
March 8, 1982
Lyle J. Eckberg
Attorney at Law
126 So. Second St.
P.O. Box 40
Stillwater, MN 55082
Re: A-3906 Oak Park Heights
Dear Mr. Eckberg:
The Municipal Board acknowledges receipt of the resolution passed
by the City of Oak Park Heights on February 22, 1982. Please refer to
the Municipal Board docket number in any future correspondence relating to
this proceeding.
A hearing will be scheduled within 30 - 120 days on this matter in
accordance with Minnesota Statutes 414. You will receive further informa-
tion and instructions from this office prior to the date set for the
hearing.
We are looking forward to working with you in the future. Please
feel free to contact this office if you have any questions.
Sincerely,
MUNICIPAL BOARD
i
Karen Juliot
Office Services Supervisor
kj
• •
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS 8e WOLFF
128 SOUTH SECOND STREET
P. O. BOX 40
STILLWATER, MINNESOTA 55082
LYLE J. ECKBERG 439-2878
JAMES F. LAMMERS
ROBERT G. BRIGGS
PAULA. WOLFF March 10 , 1982
MARK J. VIERLING
Mrs. LaVonne Wilson, City Clerk
City of Oak Park Heights
14168 - 57th Street North
Stillwater, Minnesota 55082
Re: Annexation of DNR property
Dear LaVonne:
Enclosed please find a copy of a letter we
received this morning from the Minnesota Municipal
Board in regard to the above matter.
Yours �te� �r'ia.ly,
Lyle J. Eckberg
LJE:kf
Enc.
• • •
STIPULATION
1. Those involved in a proceeding for boundary adjustment may jointly stipulate
facts into the record to expedite the proceeding. Attached is a suggested
format for preparing a Stipulation. The Stipulation should not be regarded
as complete evidence, but rather a tool to assist cities, townships, and
property owners involved in a boundary adjustment proceeding prepare for the
hearing.
2. Please provide all information possible. Attach additional sheets and maps
as necessary. (Petitioner/city should have already filed maps with the Municipal
Board as described in Minn. Stat. 414.012. ) Other suggested maps include:
. . . Map of existing highways, thoroughfares and streets (with indication of
maintenance responsibility for each roadway) . In case of new develop-
ment proposals, decription of thoroughfares and streets in development
area should be provided with a description of the effect upon traffic
patterns and need for upgrading existing roadways.
. . . Aerial photo map.
. . . Map showing existing city services and proposed or needed extensions of
city services because of proposed boundary adjustment.
. . . Map showing existing hydrologic features, surface drainage, surface
contours, soil types.
. . . Maps showing farmland, such as State Conservation Service classes I, II,
and III or SCS prime farmland maps by counties.
3. The last page of the Stipulation lists data resources and other agencies which
may be helpful in providing data, resource information, and assistance.
4. We recommend that you purchase the Minnesota Municipal Board Rules of Practice
from the Documents Section, 117 University Ave. , St. Paul, MN 55155. These
rules outline the procedures for the conduct of an orderly hearing. The
rules are also contained in Minnesota Statutes Annotated immediately following
Chapter 414 in the pocket part.
• � • • •
To: Minnesota Municipal Board
165 Metro Square Building
St. Paul, Minnesota 55101
STIPULATION
The City of and the Town of stipulate and
agree to the following facts concerning Minnesota Statutes 414 to wit: (The term
"subject area" referred to herein means the area that is proposed for annexation. )
1. Population Data: Projected in
1970 1980 Current , 5 years Source of data
Present City
Present Town
Subject Area ,
2. Geographic Features:
A. Quantity of land
, Total Acreage Platted Unplatted
Present City
Present Town
Subject Area
B. The perimeter of subject area is approximately % bordered by the
municipality.
C. Describe any waterways in or adjacent to the subject area: (rivers, streams,
shorelands, protected waters, protected wetlands)
D. Describe the soils and terrain in the subject area: (example: steep slopes,
high water table, soils unuseable for septic tanks, soil percolation, etc. )
Does the subject area include: I Number of
Yes No Acres
*Prime agricultural land
Commercial forest land
Unique natural areas
Mineral resources
Describe
Historic sites
Archeological sites
Flood plain
History of flooding & damages ,
*Describe how "prime ag land" was determined (soil conservation service
analysis, professional soil classifier, etc. )
3. Land Use:
Present pattern of physical development, including land in use, and remaining
undeveloped land. (Use percentages if acreages are not available. )
A. Area in Use Present Present Subject
City Town Area
Residential acres
Institutional acres
(tax—exempt property)
Commercial acres
Industrial acres
Agricultural acres
Vacant acres
•
•
B. Remaining undeveloped land zoned for or planned for (circle method used for
computation) .
Present City Present Town Subject Area
Residential acres
Institutional acres
(tax-exempt property)
Commercial acres
Industrial acres
Agricultural acres
*Vacant land acres
*The city/petitioner may want to break down vacant lands to better define amount
of developable land in the city for different types of development as follows:
(amount of vacant land zoned in the above uses.
(amount of vacant land zoned for above uses but not avail-
(able for development due to area being located in an
(less) - _ (environmentally sensitive area (flood plain, etc.) , lack
(of utilities, or owner does not want to develop the land.
(equals) _ ( total amount of net, vacant land available for development.
[Make attachment to describe how vacant land total was determined. ]
C. Number of building permits:
Type of New Structure Number in City Number in Town
last 5 years last 5 years
1 & 2 family residential
Multi-family residential
Commercial
Industrial
TOTAL New Structures
Remodeling permits ' r
Number of building
permits expired
4. Transportation:
A. The present transportation network:
Number of miles of: highways streets roads other transit-describe
City
Township
Subject area
B. Are there any existing or potential transportation problems in or adjacent
to subject area: (weight restrictions, inadequate bridges, circulation
patterns, problems of maintenance of jointly shared roads between city/
township)? yes no If yes, describe:
C. Are any changes in the transportation system planned in city or subject area
(new roads, highways, streets or other transit)? yes no If yes,
describe:
5. Environmental:
A. Describe any existing or potential environmental problems and the need for
additional services to resolve these problems: (Examples: ground or surface
water problems, water quality and levels, sewage treatment, air pollutant
emissions, noise, oders, affect on fish or wildlife; affect on historical
resources, archeological resources, aesthetic resources; impairment of park
lands, prime farmlands, wild and scenic rivers, critical area; abandoned dump
or disposal site, ec. ) Describe:
• 1110- •
6. Planning:
A. Comprehensive Plana:
Adoption date & No Identify major issues & policies that
current status Existing would specifically relate to proposed
of plan Plan action: (Use attachments if necessary)
City
Township
County
Region I
Is the proposed action consistent with local and regional comprehensive plans?
yes no If not, explain:
Does the city have a staged growth plan as part of the comprehensive plan or
as a separate plan?
B. Have the area planning authorities adopted any official position on the pro-
posed boundary adjustment? (planning commissions, boards, joint boards,
Met Council, Dept. of Energy, Planning, & Dev. , region, county) yes
no If yes, describe:
Name of Planning Body: Position:
C. Please check where the following exists and give any necessary explanations
on how it relates to the proposed action. (Since it may be possible that
two or more plans attempt to regulate the same area, please circle whose
ordinance presently applies to subject area. )
City: Township: County: Date Adopted:
Yes No Yes No Yes No City Town County
Zoning
Subdivision
Regulations
Official
Map
Capital Improve-
ments Program &
Budgets
Fire
Code
MN Building
Code
MN Plumbing
Code
Shoreland
Ordinance
Floodplain
Ordinance
Wild & Scenic
Rivers Ordinance
Sanitation Ordin-
ance (on—site
sewage treatment)
Human Services
Program
Energy Conser-
vation Program
Urban Renewal
Program
Attach any necessary explanation on how the above relates to the subject area.
• • • ' ,
D. (This question applies only to the twin cities metro area. Contact your
county auditor for information. ) Is the area or any portion thereof, signed
up under the Agricultural Perserves Act, M.S. 473H.02-17? yes no
Explain:
What is the
current zoning of subject area?
Will proposed action necessitate zoning changes? yes no
Describe:
E. List any known permits or approvals required with state or federal agencies
that might relate to the proposed development within subject area: (Dept. of
Energy, Planning & Dev. , Met Council, PCA, EPA, EQB, DNR, MDH, MnDOT, etc. )
(If permits are needed, provide additional testimony at hearing describing
the requirements. )
F. Are there any existing joint agreements between affected governmental units?
(Or current discussions for joint agreements?) yes no If yes,
explain:
7. Governmental Services:
City pro- City pro- City will Township Describe level of service
vides to vides to provide to provides (make attachments if
city subject subject to town- necessary)
area area ship
yes no yes ' no yes I no yes no
*Water
**Sanitary
Sewer &
Waste Water
Treatment
Storm
Sewer
Solid Waste
Collection
& Disposal
Fire
Protection
Police
Protection
Street
Improvements
Street
Maintenance
Administra-
tive Serv-
ices
Recrea-
tional
Health In-
spection
Library
Other
* If city does not provide water to the subject area, who does?
Would city take over or allow existing use?
** If city does not provide sewer to the subject area, who does?
Would city take over or allow existing use?
• •
8. Fiscal Data:
A. Classification
Present Present Subject Describe trend over last
City Township Area three years (ex. : increas-
Year Year Year ing, decreasing, stable )
Assessed valuation
Mill Rate:
County
Local Unit of
Government
School
District
Special
Taxing District
Insurance
Rating (fire)
Total
Revenues
Current
Expenditures
Capital
Outlay
Levy
Limit
Actual
Current Levy
Total Bonded
Indebtedness
Total
Indebtedness
Bond
Rating
What percentage of Current Year Last Year 2 years ago
your total operating City
expenditures was Township
raised locally?
B. Describe briefly what the financial impact would be if proposed action was
approved. For example, are existing facilities capable of handling the
needs of annexed area? yes no Explain:
C. List major services and facilities that will be extended to subject area:
Service/facility 1st year 2nd year ,year Es't Cost Method of Financing
D. Will economical extension of services require further annexation? (make
attachments if necessary)
E. Provide a copy of your Fiscal Health Report to State Auditor if one exists.
• IIIP -
F. Does your city have a Capital Improvements Program to provide long—term
documentation of needs and which projects should be funded and in what order?
yes no Is the proposed action consistent with the CIP? If not,
what amendment would be necessary?
9. Relationship and effect of the proposed action on area school districts or
adjacent communities:
10. Adequacy of town government to deliver services to the subject area: (are new
services necessary for subject area and does township have capacity to provide?)
11. Could necessary governmental services best be provided by incorporation or
annexation to an adjacent municipality or township?
Has any other type of boundary adjustment been explored? Consolidation?
Orderly Annexation? If so, what were the results?
12. If only a portion of the township is annexed, should the remainder of the
township:
A. remain as is?
B. be annexed to another city? (name city)
C. be annexed to another township? (name township)
Explain:
STIPULATED TO BY:
City of , this day of , 19
Mayor City Clerk
STIPULATED TO BY:
Town of , this day of , 19
Chairman Town Clerk
• • •
DATA RESOURCES
1. Population:
(Twin Cities Metro Area)
Metropolitan Council State Demographer
Room 300 Metro Square Bldg. 101 Capitol Square Bldg.
7th & Roberts Sts. 550 Cedar St.
St. Paul, MN 55101 St. Paul, MN 55101
(612)291-6464 (612)296-2557
2. Geographic Features:
County Soil and Water Conservation Office
University of Minnesota Dept. of Natural Resources
Agricultural Extension Office Soil and Water Conservation Board
240 Coffey Hall 2nd Floor Space Ctr. Bldg.
1420 Eckles Ave. 444 Lafayette Rd.
St. Paul, MN 55108 St. Paul, MN 55101
(612)373-1246 (612)296-3767
Land Management Information Center
LL 45 Metro Square Bldg.
7th & Roberts Sts.
St. Paul, MN 55101
(612)297-2609
3. Land Use:
Affected City, Township, and County offices and planning departments
Metropolitan Council Land Management Information Center
Room 300 Metro Square Bldg. LL 45 Metro Square Bldg.
7th & Roberts Sts. 7th & Roberts Sts.
St. Paul, MN 55101 St. Paul, MN 55101
(612)291-6464 (612)297-2609
4. Transportation:
Local City and Township offices
County Engineer
Minnesota Dept. of Transportation
Transportation Bldg.
John Ireland Blvd.
St. Paul, MN 55155
(612)296-3131
5. Environmental:
Local City, Township, and County offices
Minnesota Pollution Control Agency Minnesota Dept. of Health
1935 W. Co. Rd. B2 717 Delaware St. S.E.
Roseville, MN 55113 Minneapolis, MN 55440
(612)296-7373 (612)296-5221
Land Management Information Center
LL 45 Metro Square Bldg.
7th & Roberts Sts.
St. Paul, MN 55101
(612)297-2609
Data Resources • •
6. Planning:
County Zoning Administrator
Local Planning Boards or Commissions
Regional Development Commissions
Dept. of Energy, Planning, & Development Metropolitan Council
101 Capitol Square Bldg. Room 300 Metro Square Bldg.
550 Cedar St. 7th & Roberts Sts.
St. Paul, MN 55101 St. Paul, MN 55101
(612)296-2007 (612)291-6464
7. Governmental Services:
City, Township, County, and Regional Development Commission
8. Fiscal Data:
City/Township/ and County Auditor
City, Township, and County budgets
Financial Reports made to the State Auditor
Other Sources of Information:
A helpful slide/tape show, Orderly Annexation: A Way to Grow, may be checked
out from the Office of Community Development, 100 Hanover Bldg. , St. Paul,
Minnesota 55101.
Useful publications are available from the League of Minnesota Cities,
300 Hanover Bldg. , St. Paul, Minnesota 55101: Annexation of Land to Minnesota
Cities, Consolidation of Cities, and A Guide for New Cities.
A
1111/ G%.,Cis ,-1. ors t r
A-3906 Oak Park Heights
BEFORE THE MUNICIPAL BOARD
OF THE STATE OF MINNESOTA
Robert J. Ferderer Chairman
Robert W. Johnson Vice Chairman
Kenneth F. Sette Member
County Commissioner Ex-Officio Member
County Commissioner Ex-Officio Member
IN THE MATTER OF THE RESOLUTION)
FOR THE ANNEXATION OF CERTAIN )
LAND TO THE CITY OF OAK PARK ) NOTICE OF HEARING
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 June, 1982 in the Oak Park Heights
City Hall, 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 be purchased from the Documents Section,
117 University Avenue, St. Paul, Minnesota 55155. )
The ro ert proposed for annexation is described as follows:
p Y p ro P
P
The West One-half of the Southeast Quarter
(WZ of SE%) ; and the Southwest Quarter (SW%) ,
except the Northwest Quarter (NW4) thereof,
all in Section Four (4) , Township Twenty-eight
•
(28) , Range Twenty (20) West, Washington County,
Minnesota, containing Two Hundred (200) acres,
more or less.
Hfter 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 3rd day of May, 1982
MINNESOTA MUNICIPAL BOARD
Suite 165 Metro Square Building
St. Paul, Minnesota 55101
c
Patricia D. Lundy
Assistant Executive Directed
An Equal Opportunity Employer • S Phone: 296-2428
- It
• 57,
+
',IVES
STATE OF MINNESOTA
•
MUNICIPAL BOARD
• Suite 165 Metro Square
• 7th & Robert Streets
St. Paul, Minnesota 55101 •
May 3, 1982 MMB Docket No. A-3906 Oak Park Heights
Resolution of the 'City of Oak Park Heights
dated February 22nd, 1982
Ms. LaVonne Wilson
City Clerk/Treasurer
14168 — 57th Street No. •
Oak Park Heights, Minnesota 55082 •
Be: Preparation for annexation 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 since the evidence you present
will be the sole basis for the board decision. -� —
State aids to your governmental unit may be adjusted because of the board's
decision and will be based upon the evidence received at 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 of the territory proposed for annexation, the city, and the town-
ship, (2) the assessed value for the property proposed 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 specific facts which will expedite
the proceeding. Enclosed is a suggested format for preparing a stipulation.
The stipulation is capable of expansion or contraction. An example of a reduced
format is available from the Board office upon request. The stipulation should
not he regard:d as complete evidence for the proceeding but rather to assist those
involved in their preparation for the hearing. If complete and accurate evidence
is presented, it will facilitate a more expeditious decision.
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 or if additional clarification is needed.
Sincerely,
MUNICIPAL BOARD
Patricia D. Lundy
Assistant Executiv , Director
[Rev. 1/82]
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS & WOLFF
126 SOUTH SECOND STREET
P. O. BOX 40
STILLWATER, MINNESOTA 55082
439-2878
LYLE J. ECKBERG
JAMES F. LAMMERS
ROBERT G. BRIGGS
PAUL A. WOLFF May 6, 1982
MARK J. VIERLING
Mrs. LaVonne Wilson, City Clerk
City of Oak Park Heights
14168 - 57th Street North
Stillwater, Minnesota 55082
Re: Annexation of DNR property
Dear LaVonne:
Enclosed please find a copy of the Notice of
Hearing received from the Minnesota Municipal Board. You
will note that a hearing is scheduled for June 2, 1982 , at
9: 30 a.m. at the City Hall.
Also enclosed find a copy of our letter to the
Gazette enclosing a copy of the Notice for publication.
If you should have any questions, do not hesitate
to contact us.
Y% rs very uly,
Lyle J. Eckberg
LJE:kf
Enc. 2
• • •
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS 8C WOLFF
126 SOUTH SECOND STREET
P. O. BOX 40
STILLWATER, MINNESOTA 55082
439-2878
LYLE J. ECKBERG
JAMES F. LAMMERS
ROBERT G. BRIGGS
PAUL A. WOLFF May 6, 1982
MARK J. VIERLING
Gazette
102 South Second Street
Stillwater, Minnesota 55082
Re: City of Oak Park Heights
Gentlemen:
Enclosed please find a Notice of Hearing regarding
the City of Oak Park Heights. Please publish the same once
a week for two consecutive weeks.
Your Affidavit of Publication and statement should
be forwarded to the Oak Park Heights City Clerk, LaVonne
Wilson. Please send a duplicate copy of your Affidavit of
Publication to this office.
Thank you.
Yours very truly,
Lyle J. Eckberg
LJE:kf
Enc.
cc: AaVonne Wilson
•
A-3906 Oak Park Heights • • •
BEFORE THE MUNICIPAL BOARD
OF THE STATE OF MINNESOTA
Robert J. Ferderer Chairman
Robert W. Johnson Vice Chairman
Kenneth F. Sette Member
County Commissioner Ex-Officio Member
County Commissioner Ex-Officio Member
IN THE MATTER OF THE RESOLUTION)
FOR THE ANNEXATION OF CERTAIN )
LAND TO THE CITY OF OAK PARK ) NOTICE OF HEARING
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 June, 1982 in the Oak Park Heights
City Hall, 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 be purchased from the Documents Section,
117 University Avenue, St. Paul, Minnesota 55155. )
The property proposed for annexation is described as follows:
The West One-half of the Southeast Quarter
(W% of SE4) ; and the Southwest Quarter (SW%) ,
except the Northwest Quarter (NW%) thereof,'
all in Section Four (4) , Township Twenty-eight
(28) , Range Twenty (20) West, Washington County,
Minnesota, containing Two Hundred (200) acres,
more or less.
Hfter 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 3rd daylof May, 1982
MINNESOTA MUNICIPAL BOARD
Suite 165 Metro SgUare Building
St. Paul, Minnesota 55101
/2, r
Patricia D. Lundy
Assistant Executive Direct
• • •
INFORMATION SUBMISSION
A-3906 (DNR Wildlife Management Area)
BAYTOWN TOWNSHIP
I. POPULATION AND HOUSEHOLDS
A. Metropolitan Council Forecasts to 2000.
1980 1990 2000
Population 900 1,200 1,300
Households 270 370 450
Employment 100 100 150
B. Census Data.
Percent
1970 1980 Increase
Population 723 851 17.4%
Households 188 242 28.7
C. Township Forecasts.
The Township uses Council forecasts in its Plan. (The Plan has been
submitted to the Council , but the review has not been commenced.)
II. GEOGRAPHIC FEATURES
The Township currently has nine full sections and three partial sections
for a total of approximately 6,500 acres. The soils in the area
proposed for annexation generally have severe limitations for on-site
septic system use. Most of the land in the annexation area would be
classified as productive agricultural land, with either prime (Class I
and II) or secondary (Class III) agricultural soils. The topography
appears to be gently rolling, with the natural features map indicating
intermittent drainageways, dominant vegetation and some wetlands (see
Maps I and II) .
III. LAND USE
A. Existing and 1990 planned land use for the proposed annexation area
shows continued public use. Adjacent uses, both existing and
planned, are shown as low density residential to the west and
agricultural to the south (see Maps III and IV) .
B. Township Residential Building Activity, 1977-1981.
1977 8 single-family
1978 3 single-family
1979 12 single-family
1980 1 single-family
1981 1 single-family
1
• • • { a
C. Township Commercial and Industrial Activity, 1977-1981.
Baytown Township issued a permit for a medical office building in
1977; no other commercial activity occurred, and there was no
industrial activity during the five-year period.
IV. TRANSPORTATION
The parcel is served by a minor arterial (County Rd. 15) to the west,
which connects with T.H. 212 to the north (see Map V) . No capacity
problems are noted in the Plan.
V. SEWERS
No sewer service is available or planned for in the Township prior to
1990.
VI. ENVIRONMENTAL
No problems noted in Comprehensive Plan.
VII. STATUS OF COUNCIL ACTION
Comprehensive Plan submitted; review is pending.
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• • •
OAK PARK HEIGHTS
I. POPULATION AND HOUSEHOLDS
A. Metropolitan Council Forecasts to 2000.
1980 1990 2000
Population 2,600 3,600 3,900
Households 880 1,200 1,400
Employment 1,000 1,200 1,500
B. Census Data.
Percent
1970 1980 Increase
Population 1,256 2,591 106.3%
Households 377 1,026 172.7
C. City Forecasts.
Oak Park Heights 1990 (revised)
Population 3,910 (3,923)
Households 1,440 (1,500)
In the forecast section of the Oak Park Heights Plan, the Metropoli-
tan Council forecasts are discussed. Questions are raised about
their accuracy, but no direct challenges or alternatives are put
forth. In the land use section, however, the Plan provides satura-
tion forecasts which the City expects to reach by 1990. These
forecasts are higher than the Council 's, but the differences are
small and the City's forecasts appear to reasonably reflect recent
trends in terms of growth and household size noted in 1980 Census
data. Subsequent to the initial submission of the Plan, Oak Park
Heights annexed some adjacent land and revised its growth assumptions
to 1990 by a small amount. These revisions are shown in the
parentheses.
II. GEOGRAPHIC FEATURES
Total acreage of City is 1,120 acres.
III. LAND USE
A. The City's Plan states that for orderly development, the public land
use designation for the DNR parcel should be changed to urban residen-
tial . No timing is given for this proposed change, and the City
elsewhere in the Plan states that the City does not object to the
area being maintained as open space. Any proposed change in land use
following annexation would require an amendment to the City's Plan
that would be reviewed by the Council for consistency with regional
plans.
8
• • •
B. City Residential Building Activity, 1977-1981.
1977 32 single-family
1978 43 single-family, 24 duplex units, 96 multifamily units
1979 22 single-family, 23 multifamily units, 1 mobile home
1980 16 single-family, 32 townhouses
1981 4 single-family, 4 multifamily
C. City Commercial and Industrial Activity, 1977-1981.
In 1978, Oak Park Heights issued permits for a K-Mart retail store
and for a Mr. Steak restaurant. In 1981, a permit was issued for an
addition to a tire store. No industrial permits were issued in the
five-year period.
IV. TRANSPORTATION
The proposed annexation area is located adjacent to County Rd. 15, a
minor arterial which connects with T.H. 36/212, the one regional highway
facility serving the City. T.H. 36/212 is an expressway with at-grade
access points. The City plans to maintain the traffic-carrying capabil-
ity of this road by cooperating with Mn/DOT on regulating access points
and providing frontage roads as well as regulating land use in the area.
V. SEWERS
The City's sewer service areas are shown on Map 2. An additional area,
the Greeley property, which was recently annexed, will also be served.
The Greeley area is adjacent to T.H. 36/212 on the north and abuts the
City on the West. The City's 1990 flow allocation is .38 mgd, and the
total 1990 flow forecasted by the City in the Greeley Plan Amendment is
.373 mgd. No additional sewer capacity is available to serve development
beyond that projected in the City's Plan.
VI. No potential environmental problems are noted in the Plan.
VII. STATUS OF COUNCIL ACTION
The City has an adopted Comprehensive Plan, which has been reviewed by
the Council . No Plan amendment has been submitted for this annexation.
Because no change in land use is proposed for this area, the City should
submit a Plan amendment when and if the Municipal Board orders the
annexation.
PP:emp
05.18.82
Attachments
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• 410
METROPOLITAN COUNCIL
Suite 300 Metro Square Building, St. Paul, Minnesota 55101
MEMORANDUM May 18, 1982
TO: Minnesota Municipal Board
FROM: Metropolitan Council
Comprehensive Planning Division Staff (Pat Pahl )
SUBJECT: Oak Park Heights Annexation A-3906
Metropolitan Council Referral File No. 10530-1
Attached is the information submission prepared for the proposed annexation of
the Department of Natural Resources property by the City of Oak Park Heights.
Most of the information presented has been obtained from the comprehensive
plans prepared by Oak Park Heights and by Baytown Township.
Because the City proposes no change in land use from that currently planned by
the Township for the area in question, no regional issues are raised by this
annexation, and therefore, Council involvement will be limited to the
preparation of the information submission.
In accord with the Memorandum of Understanding agreed to by the Board and the
Council , we will transmit the attached information to the parties identified by
the Board. The Board, on its own motion, will enter the information submission
into the hearing record.
PP:emp
Attachment
EP361Z
• • alit Wiz
G
May 18, 1982 4 Teri
LaVonne Wilson, Clerk kh
City of Oak Park Heights 10% het
14168 57th Street North
Stillwater, MN 55082 T,y �
'1N CV
RE: Oak Park Heights Annexation
DNR Wildlife Management Area 300 Metro Square Building
Metropolitan Council District No. 14 Saint Paul, Minnesota 55101
Metropolitan Council Referral File No. 10530-1 Telephone 612/291-6359
Dear Ms. Wilson:
At the request of the Minnesota Municipal Board, the Metropolitan Council is
preparing an information submission for each contested annexation in the
Metropolitan Area. The information submission includes demographic, geographic
and planning information on the area proposed for annexation and on the two
jurisdictions involved as parties. Most of the information comes from the
local comprehensive plans submitted to the Council for review by the local
governments; other sources include the federal census and Council research
data.
A copy of the information submission is included for your reference. We
understand that the Minnesota Municipal Board will , on its own motion, enter
the information submission into the official record of the annexation
proceedings. Therefore, any errors or differences in information should be
brought to our attention prior to the hearing so that errors can be corrected
and differences resolved. Please direct your comments to the Council staff
person (Pat Pahl, 291-6407) working on this annexation.
A jurisdiction proposing an annexation is also required to prepare an amendment
to its local comprehensive plan and submit it for Council review. In an
annexation proceeding where no change in land use is proposed, the plan
amendment may be prepared following the Board's decision to order the
annexation. Where a land use change is anticipated, the plan amendment should
be submitted to the Council prior to the Board's hearing so that Council
comments and recommendations can be taken into account by the Board in reaching
its decision.
Sincerely,
rej
Charles R. Weaver, Chairman
CRW:bm
Attachment
cc: Charlotte Kirby, Clerk, City of Baytown
Lyle J. Eckberg, Attorney at Law
Paul Faraci , Legal Bureau, Dept. of Natural Resources ��
Howard R. Turrentine, Attorney t ��
Terry Merritt, MN Municipal Board N a2
Mary Hauser, Metropolitan Council District No. 14 19
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
•
NORTHWEST ASSOCIATED CONSULTANTS INC.
MEMORANDUM
TO: Bob Briggs
FROM: David Licht
DATE: 27 May 1982
RE: Oak Park Heights - DNR Annexation
FILE NO: 798.02 - 82.02
Following your phone call this morning, I initiateg,eparation for our
testimony at the Municipal Commission on 3 June." n researching our files,
I have found substantial background and records of past efforts dealing with
the Bayport Wildlife Management Area. To insure that you are aware of this
information, I am enclosing copies of the most pertinent items.
1. Memos dated 12 February and 9 February 1979 summarizing issues and
background on creation of the area. There are a number of possible
procedural oversights by the DNR which may be of help. Also, the lack
of support by the Metropolitan Council for firearms use plus their
lack of knowledge on the facility may be useful . Background on the City
plan plus the wildlife area plan is also contained in this documentation.
2. Listing of persons attending the March 1976 "public meeting" on review
of the facility's development. Also attached is a copy of the public
notice. A quick review indicates no official attendance from Oak
Park Heights.
3. A number of letters concerning the wildlife area are attached.
Another item of ossible interest is that the Metropolitan Land Planning
p p
Act System Statement, issued by the Metropolitan Council was to list all
regional planning concerns to be addressed by the City. No mention was made
of the Wildlife Management Area.
I believe it unfortunate that the City did not previously pursue a Compre-
hensive Plan amendment for this area as we advised. I think we would have
been given support in our position from the Metropolitan Council , provided
appropriate people were contacted. We could possibly pursue this yet, if
you think necessary.
Hopefully these are of benefit in preparing the City's case. We can discuss
further at our meeting on Friday, 28 May.
OS)
cc: LaVonne Wilson
�Py
4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420
. . •
NORTHWEST ASSOCIATED CONSULTANTS INC.
June 2, 1982
Mr. Lyle Eckberg
Attorney at Law
Eckberg, Lammers, Briggs & Wolff
126 South 2nd Street
Stillwater, Minnesota 55082
RE: Oak Park Heights - DNR Annexation
File No: 798.02
Dear Lyle:
We have been notified by LaVonne Wilson as well as your office that the
Municipal Commission hearing on the proposed DNR property annexation has
been continued. Once you have been advised of a new hearing date, we
would greatly appreciate being informed of the schedule.
Pursuant to directives received from Mark Vierling and Bob Briggs, we have
initiated the preparation of a number of exhibits for presentation and
testimony. As of this date, these have not been finalized. We will , however,
proceed to complete the exhibits so that they are ready for the new hearing
date.
The items which we are preparing attempt to document two primary points:
land use incompatibility with unregulated firearms discharge and public
hazard due to uncontrolled firearms discharge. One of our illustrations
clearly depicts the firing of .22 caliber rifles or pistols from within
the 500 foot clear zone, as well as firing towards residential areas of the
City.
Once our material is completed, I will arrange for your review to insure
that we have covered all possible concerns. This material , combined with
that previously supplied to Mr. Briggs should hopefully enhance our annexation
request.
Please give me a call should there be questions.
Sincerely 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
_1
• MEM•NDUM
•
TO: Lyle Eckberg
T 4rFROM: David Licht e
DATE: 8 June 1982
NORTHWEST ASSOCIATED CONSULTANTS
RE: Oak Park Heights - DRN Annexation Incorporated
4820 Minnetonka Boulevard, Suite 420
FILE NO: 798.02 - 82.02 Mpls., Mn. 55416 612/925-9420
Attached is information from a National Rifle Association Source indicating
the range of .22 ammunition as well as shotguns. We are illustrating this
information graphically for display at the forthcoming hearing.
I thought, however, you might wish to have the documentation on file in the
event you may wish to formally submit it.
cc: LaVonne Wilson
V,Ja.
.10
TO: Mark Vierling • MEMENDUM
•
FROM David Licht ,�� : '
DATE: 16 June 1982
NORTHWEST ASSOCIATED CONSULTANTS
RE: Oak Park Heights - Comp Plan Referrals - Incorporated
Baytown Comprehensive Plan 4820 Minnetonka Boulevard, Suite 420
FILE NO: 798.02 Mpls., Mn. 55416 612/925-9420
Pursuant to our phone conversation today, I checked our files and located all the
materials on our review and the City's action on the Baytown Comprehensive Plan. I
am attaching a copy of the same.
The Bayport Plan was returned to the City and LaVonne Wilson. You may want to check
with her and obtain the document for a review of the Township's position on the Bayport
Wildlife Management Area. To the best of my recollection, the Township simply acknowledges
that the property exists and no stand is taken on future use or use of firearms on the
DNR land. As you will recall , however, we do have other correspondence from the
Township which states their opposition to hunting. Possibly we should push to have a
similar statement formally incorporated into their plan.
Please advise if we can be of further assistance.
cc: LaVonne Wilson
DNR Annexation File
• • •
A-3906 Oak Park Heights
BEFORE THE MUNICIPAL BOARD
OF THE STATE OF MINNESOTA
Robert J. Ferderer Chairman
Robert W. Johnson Vice Chairman
Kenneth F. Sette Member
Joseph Fogarty Ex-Officio Member
Lester Rydeen Ex-Officio Member
IN THE MATTER OF THE RESOLUTION FOR THE )
ANNEXATION OF CERTAIN LAND TO THE CITY OF) NOTICE OF CONTINUED HEARING
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 1st day of September, 1982 in the Oak Park
Heights City Hall, 14168 - 57th Street North, 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 be purchased from the Documents Section, 117 University Avenue,
St. Paul, Minnesota 55155.)
The property proposed for annexation is described as follows:
The West One-half of the Southeast Quarter (W% of SE%) ; and
the Southwest Quarter (SW%) , except the Northwest Quarter (NW%)
thereof, all in Section Four (4) , Township Twenty-e g1,rt-k88}T
Twenty-nine (29) , Range Twenty (20) West, Washington County,
Minnesota, containing Two Hundred (200) acres, more or less.
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 23rd day of July, 1982.
MINNESOTA MUNICIPAL BOARD
165 Metro Square BuilJing
St. Paul, Minnesota 555101
Patricia D. Lundy
Assistant Executive Directo
•
• •
NORTHWEST ASSOCIATED CONSULTANTS INC.
September 2, 1982
Mr. Mark Vierling
Attorney at Law
Eckberg, Lammers, Briggs & Wolff
126 South 2nd Street
Stillwater, Minnesota 55082
RE: Oak Park Heights Annexation - Bayport Wildlife Management Area
File No: 798.02
Dear Mark:
I am writing in the event that written briefs may yet be filed relative to
the City's petition for annexation of the Bayport Wildlife Management—Area.
A point of possible important clarification is Northwest's report to the City
Council dated 25 January 1982. In that memorandum we stated that the Baytown
Comprehensive Land Use Plan was compatible with the City's plan. The important
point in this regard is that the Baytown Plan notes the Bayport Wildlife Area
as a public land use. This classification in and of itself is compatible.
The issue of hunting on the wildlife area is not stated or addressed by the
Baytown Plan. As a result, the hunting issue was not specificall y cited in
the 25 January report.
Give me a call if ou have any y questions on this or other matters related
to the annexation.
Very truly yours,
NORTHWEST ASSOCIATED U TA � + .
am.,
77,-/
David R. Licht
President
DRL/nd
cc: LaVonne Wilson
4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420
A-3906 Oak Park Heights C
BEFORE THE MUNICIPAL BOARD
OF THE STATE OF MINNESOTA
Robert J. Ferderer Chairman
Robert W. Johnson Vice Chairman
Kenneth F. Sette Member
Joseph P. Fogarty Ex-Officio Member
Lester Rydeen Ex-Officio Member
IN THE MATTER OF THE RESOLUTION )
FOR THE ANNEXATION OF CERTAIN ) FINDINGS OF FACT,
LAND TO THE CITY OF OAK PARK ) CONCLUSIONS OF LAW,
HEIGHTS PURSUANT TO MINNESOTA ) AND ORDER
STATUTES 414 )
The above-entitled matter came on for hearing before the Minnesota Municipal
Board pursuant to Minnesota Statutes 414, as amended, on June 2, 1982 and was
continued from time to time at Oak Park Heights, Minnesota. The hearing was
conducted by Robert J. Ferderer and Robert W. Johnson pursuant to Minnesota
Statutes 414.01, Subdivision 12. Also in attendance were Kenneth F. Sette, Member
of the Municipal Board, and County Commissioners Joseph Fogarty and Lester Rydeen,
Ex-Officio Members of the Board. The City of Oak Park Heights appeared by and
through Mark J. Vierling and Lyle J. Eckberg and the Township of Baytown appeared
by and through Howard R. Turrentine. Testimony was heard and records and exhibits
were received.
After due and careful consideration of all evidence, together with all records,
files and proceedings, the Minnesota Municipal Board hereby makes and files the
following Findings of Fact, Conclusions of Law and Order.
FINDINGS OF FACT
1. On March 8, 1982 a resolution of the annexing municipality was received
by the Minnesota Municipal Board requesting the Board to order the annexation of
the area herein after described. This resolution contained all the information
required by statute including a description of the territory subject to annexation
• -410
k
which is as follows:
The West One-half of the Southeast Quarter (W% of SEY4) ; and
the Southwest Quarter (SW4) , except the Northwest Quarter
(NW4) thereof, all in Section Four (4) , Township Twenty-eight
(28) , Range Twenty (20) West, Washington County, Minnesota,
containi ng Two Hundred (200) acr es, more re or less.
2. On July 14, 1982, the City moved to amend the legal description in its
resolution, referred to in Findings of Fact 1, as follows:
The West One-half of the Southeast Quarter (W% of SE4) ; and
the Southwest Quarter (SW'/,) , except the Northwest Quarter
(NW thereof, all in Section Four (4) , Township Twenty-nine
(29) , Range Twenty (20) West, Washington County, Minnesota,
containing Two Hundred (200) acres, more or less.
The motion was granted.
3. Due, timely and adequate legal notice of the hearing was published, served
and filed.
4. The area subject to annexation is unincorporated, approximately 200 acres
in size and abuts the City of Oak Park Heights by approximately 59% of its border.
The City of Oak Park Heights is approximately 1,287 acres in size.
5. The general topography of the area subject to annexation is open, gently
rolling land with intermittent drainage ways and same wetlands.
6. The population of the City of Oak Park Heights in 1970 was 1,256, in 1980 '
the population was 2,591, the current population is approximately 2,680 and it is
projected by the year 1990 that its population will be 3,600.
7. There is no population in the area proposed for annexation.
8. In the Town of Baytown, the population in 1970 was 723, in 1980 the
population was 850, its present estimated population is 850, and it is projected
that by 1990 it will have a population of 1,050.
9. The City of Oak Park Heights has approximately 292 acres in residential
use, approximately 348 acres in institutional use, approximately 77 acres in commercial
use, approximately 254 acres in industrial use and approximately 228 acres in vacant
land use.
• . •
In the City of Oak Park Heights, there remains undeveloped land planned
for the following: approximately 179 acres for residential use, approximately 15
acres for commercial use and approximately 34 acres for industrial use.
10. The Town of Baytown has approximately 1,200 acres in residential use,
approximately 1,000 acres in institutional use, approximately 40 acres in commercial
use and approximately 4,058 acres in agricultural use.
The Town of Baytown has planned approximately 1,000 acres for institutional
use, approximately 210 acres for conrriercial use and approximately 4,058 acres for
agricultural use.
11. The area proposed for annexation has approximately 200 acres of vacant
land, some of which is used for agricultural production. The land is presently
owned by the Minnesota Department of Natural Resources and used as a wildlife •
management area.
Approximately all of the area proposed for annexation is considered prime
agricultural land.
12. The City of Oak Park Heights has a zoning ordinance, subdivision regulations,
an official map, capital improvements program and budgets, fire code, Minnesota
Building Code, flood plain ordinance, wild and scenic rivers ordinance, sanitation
ordinance and an urban renewal program. The City has a comprehensive plan.
13. The Town of Baytown has a zoning ordinance, subdivision regulations, an
official map, fire code, Minnesota Building Code, Minnesota Plumbing Code, shoreland
ordinance, flood plain ordinance, wild and scenic rivers ordinance and a sanitation
ordinance.
14. The area proposed for annexation is presently zoned as open space. The
City of Oak Park Heights indicated no intention to alter the designation of the
land use of the area proposed for annexation if the property were annexed.
15. The City of Oak Park Heights provides its residents with water, sanitary
sewer, storm sewer, solid waste collection and disposal, fire protection, police
protection, which is dispatched through the Washington County Sheriff's Department,
street improvements and maintenance, administrative services, recreational opportunities,
health inspection and library.
The City does not provide any of these services presently to the area
proposed for annexation.
16. The Town of Baytown provides the area proposed for annexation with fire
protection through a contract with the City of Bayport, street improvements and
maintenance and administrative services.
17. The City of Oak Park Heights has no present plans of extending sewer or
water to the area proposed for annexation.
The City has indicated a willingness to provide water for any future
developments. The City has also indicated a willingness to provide sewer for
future development providing there is available sewage treatment plant capacity.
18. The City of Oak Park Heights has 2.9 miles in highways, 11.3 miles in
streets and 3.6 miles in roads.
19. The Town of Baytown has 4.7 miles of highways, 5.25 miles of streets and
10.2 miles in roads.
20. There are no plans to change the transportation system at present should
the area proposed for annexation be annexed.
21. The City of Oak Park Heights has a 1982 assessed valuation of $45,309,275.
Its mill rate is 11.938. The City has a total bonded indebtedness of $1,585,000.
22. The Town of Baytown has a 1982 assessed valuation of $5,079,469. Its mill
levy is 1.945. It has no bonded indebtedness.
23. In 1982 the County of Washington has a mill levy of 24.293, the school
district serving the area under consideration, Baytown Township and Oak Park Heights
has a mill levy of 51.050 and a special taxing district serving both the City and
the Township has a mill levy of 3.984.
24. The area proposed for annexation is exempt from taxation since it is owned
by the Department of Natural Resources.
` • -• •
25. In the area proposed for annexation there is a 500 foot buffer zone
adjacent to areas of residential development. There is no hunting allowed in the
buffer zone.
26. The 500 foot size of the buffer zone is the same as the buffer zone
required under the state trespass law.
27. Since the buffer zone has been more clearly marked, the township clerk
has not received any hunting complaints about the area proposed for annexation.
28. That portion of the area proposed for annexation where hunting is allowed
is posted with signs. The buffer zone is posted with signs prohibiting hunting
in it.
29. Shotguns may be used for hunting in the area proposed for annexation only
with fine shot. The use of rifles in the annexation area is prohibited.
30. The area proposed for annexation is policed by the Department of Natural
Resources, wildlife managers and conservation officers as well as Washington County
Sheriff's Department.
31. If the area proposed for annexation were annexed, it is doubtful that the
City would allow hunting within the area.
32. If hunting is prohibited in the area proposed for annexation, the Depart-
ment of Natural Resources would seek to trade the land with someone with land that
the Department feels meets its needs, since its value as a wildlife management area
would decrease.
33. The area proposed for annexation has been under Department of Natural
Resources' control as a wildlife management area, which allows hunting, since 1976.
CONCLUSIONS OF LAW
1. The Minnesota Municipal Board duly acquired and now has jurisdiction of
the within proceeding.
2. The area subject to annexation is not now nor is it about to become urban
or suburban in character.
3. Municipal government is not presently required to protect the public
health, safety and welfare in the area subject to annexation.
• _• • ;
4. Presently the best interests of the area subject to annexation will not
be furthered by annexation.
5. An order should be issued by the Minnesota Municipal Board denying the
resolution for annexation.
O R D E R
1. IT IS HEREBY ORDERED: That the petition for annexation described in
Findings of Fact 2 of the Findings of Fact herein, is hereby denied.
2. IT IS FURTHER ORDERED: That the effective date of this order is April 22,
1983.
Dated this 22nd day of April, 1983.
MINNESOTA MUNICIPAL BOARD
165 Metro Square Building
St. Paul, Minnesota 55101
a,
Terrence A. Merritt
Executive Director