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Baytown 1988
.._ c.„ • .. . .. . 4 , 4 \& .o G c n, Z ,4 'NW* —.II 11. 1 :Alt U 1.3 0 p l'r;. :4 71 :--- O' ; -4-44 C pi ..., RI -4 < < -J gli ..... 1. • 4. ff: u , ,__ _ ... ui 0 0 t 1 1 VD ...„tii L9 U ill 4—/ II it ..■ 4- '..".■ k; .4. --/ C.) < % .0 NI .: ct. ,e4b....4 4d LE ... i - • . ',kg to ,,:. to -..... tt LI , ' II' Ali o. Ca .— ,,,,c; ----• g 0.-j D cc — - It--,,e' E n ..,.....js i" w .... ..„ fe ... ..: 1 I'''.■ (t) ill di rt 4 : i) ra7.: 44 i .-, a tll 1.1.1 1.11 t'' Nir lil U.1 CC A 4111 0 .0 cp cn --/ --.., 4 a ch to -... —...ii • 4_ at — . ...• cl, ca tc); 4,N1 4-. tu 13... II OP e.. 4:11 ------.----- --- ( u • ... , , .., .._.. , ....,_ , ....., . ‘ ,... .. ... '41 1 \ g ryj A to , .., - , ilk G ¢ II tiOtto G.Bonestroo,P.E. Keith A.Gordon,P.E. Thomas W.Peterson,P.E. Daniel J.Edgerton,P.E.Robert W.Bob /eS roo Joseph C.Anderlk.RE. D Richard d C. urganII,PE. James R.Maland,P.E. Philip J.Caswell,P.E. Rosene Bradford A.Lemberg,P.E. Jerry A.Bourdon,P.E. Kenneth P.Anderson,RE. Mark D.Wallis,P.E. - Q Richard E.lUrner,P.E. Mark A.Hanson,P.E. Keith A.Bachmann,P.E. Charles A.Erickson il i� Li Ted K.Anderlik Glenen R.C.COook,PEE Michael i1.RaPutmann,P.E. Robert C.Russek,A.I.A. Leo lan M.Olson Thomas E.Noyes,P.E. Robert R.Pfefferle,P.E. Thomas E.Angus,P.E. Susan M.Eberlin,C.P.A. Associates Robert G.Schunicht,P.E. David O.Loskota,P.E. Howard A.Sanford,P.E. Marvin L Sorvala,P.E. Engineers & Architects ' -20/ y November 21, 1988 { I JI Ms. LaVonne Wilson C� �` e. City of Oak Park Heights 0 " P.O. Box 2007 f 4.- Stillwater, MN 55082 ,'` - Re: Annexed Area Mapping ` Our File No. 55 Dear LaVonne, Enclosed please find Invoice No. 9-8221 in the amount of $7,225.00 from Horizons, Inc. for two foot contour mapping for the area between Oakgreen Avenue and Highway 5 from Highway 36 to one mile south. This work has been completed and mylar maps delivered to our office. Therefore, it is recom- mended that the invoice be paid as submitted. The mapping obtained covers approximately 1,020 acres which results in a cost of $7.08 per acre. It is suggested that the City establish a procedure for selling-th` ---mapp g to developers to recover some of the City's cost. Map- ping.6f maller areas is typically more costly per acre, so I would suggest sale at $7.00 per acre which is a good price for the buyer and it still en- abl the City to; ecover much of its cost. Re uests purchase should be made by legal discription to the City. Upon notification, we will have a mylar reproducible of the area prepared and forwarded to the City. Upon payment, the mylar can be released to the pur- chaser. If you have any questions on this matter, please do not hesitate to call. Yours very truly, BONESTROO, ROSENE, ANDERLIR & ASSOCIATES, INC. 6. 0444141 ose P h C. Anderlik JCA:li Encl. 25 I :., 1) y S; 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 �`.. • MEMORANDUM TO: David R. Licht FROM: Curt Gutoske ' DATE: 15 .April 1988 'RE: Oak Park Heights - Annexation Hearing FILE NO: 798.02 - 88.05 Below are revised population projections for the. City of. Oak Park. Heights received from Mike Munson. of the Metropolitan Council . The revised projections were calcu- lated for sewer allocations, hence, the numbers indicate high end projections. However, Mr. Munson indicated that the original projections_ made in_ April .of 1986 did take into account recent annexations. They did not though, . consider. the.possi- • bility of future annexations. ' The figures for 1990, 2000 and 2010 are thus based upon current City boundaries. 1987 1990 2000 2010 Pop. H.H. Pop. H.H. Pop. .H.H. . Pop. H.H. Original Projections (1986) 3,800 1,300 3,900 1,400 4,300 1,600 Revised P.rojections .(1987?) 3,669 1,282 4,100 1,400 4,600 1,650 5,400 2,000 • SOURCE: Metropolitan .Council ; 1986, 1987 Typically, the Metropolitan .Council does not try to project future annexations due to the rather large degree of uncertainty. As for recent annexations, there have been three different annexations since 1978. Below is a listing of the subject annexations. This information was provided by LaVonne Wilson from City files. DATE - DESCRIPTION ACRES December 14, 1978 Swager .Bros. 9th Addition +54.1 • April 15, 1982 Hwy. 36 & Oakgreen Avenue . T22.0 August 14, 1986 County Road #21* (Near .Stillwater Prison) TOTAL ACRES• +76.3 *The County Road #21 Annexation was also a detachment from the City of Bayport. Please advise if additional information is needed: • . c? a '` -, , , . _ . „r,9„ ,..„4,:i y 3 . ...--a.; •TABLE I I ..4 X 4. VACANT LAND (ACRES) ?, � �` 141 Land Net Committed Zoning Gross Undevelopable Vacant For ' Uncommitted ,. District Area Land • Land Development Land i�t: • r ,� R-1 19.8 --- 19.8 19.3 0.5 • �� , _<' R-2 40.9 21.3 19.6 6.3 13.3 ? >,:;. R-3 . 1.0 --- - R-B 15.2 0.7 14.5 9.8 4.7, • B-1 --- -- --- --- --- t � B2 6. 1 1.7 4.4 • .5 3.9 - I 4.8 . 4.8 --- --- --- . , 0 2.3 2.3 --- --- --- r TOTAL 90..1 30.8 59.3 35.9 23.4' h' :t: ! i ,i The 59.3 acres of existing undeveloped land within the current City limits compares to 202 acres of vacant land which existed in 1978 (source : Oak Park Heights: Comprehensive Plan , 1979) . This is a favorable comparison especially in consideration of the City having added a through ann annexation since approximately 22 acres of land pp Y 1978. Furthermore, with only 23.4 acres of land currently uncommitted for development , less than half (39%) the total developable vacant land exists for future development . In the next section , the City's current and projected growth ;; vacant will be determined to project how long the City's a an t land supply will last . LAND ABSORPTION ' Examining the City's growth on a more detailed basis, building permit files were used to determine the amount of past residential , commercial and industrial development . Data was available beginning with 1980 and extending through year end 1987. • In determining the acreage for the residential development , a density of 3.0 units/acre was applied for single family and duplex development and 10 .0 units/acre was applied for multi-family development . Commercial and industrial acreages were determined from site plans of the specific developments, while the "other" category included public and semi-public development such as city buildings and churches. -'i TABLE II 1980-1987 DEVELOPMENT* (ACRES) YEAR RESID. COMM. INDUSTRIAL OTHER TOTAL 1980 10 .0 --- --- -- 10 .0 1981 2.4 --- --- --- 2.4 1982 2.0 --- --- -- 2:0 1983 3.9 1 .2 1 .0 --- 6. 1• . 1984 1 .9 2.5 --- --- 4.4` 1985 13.3 1 .6 --- --- 14.9 1986 3.3 1 .5 --- 3.4 8.2 1987 7.7 TOTAL 44.5 7.8 1 .0 3.4 56.7 Average 1980- ■ 1987 5.6 1 .0 0 . 1 0 .4 7. 1 ,. ` • Average 1985- , __.... 1987 8. 1 1 .4 0 .0 1 .3 10 .8 *SOURCE: City Building Permit Files Using the average growth rates calculated above, projections can be made for future growth . For short term growth (5 years) , the 1985-1987 average is used to reflect recent trends and existing conditions which dictate growth in development . For Jonger range projections (6-12 years) , the 1980-1987 average is used to take into account the slow down in growth that is expected for the entire metropolitian area during the mid to late 1990's. In addition , a slow down in growth will also be a result of a lack of available developable land existing within the City's corporate boundaries. It will be a similar situation, particularly in regards to residential development, that the City has experienced in the past with the lack of available land to accommodate residential -growth . The table below identifies an itemized projection per land use for the next five years and also through the year 2000 . i � ii...: 411 0 . : ; / TABLE III .,„: >3 PROJECTED DEVELOPMENT (ACRES) aF RESID. COMM. INDUST. OTHER TOTAL ,!.. r ' 1988-1992 40 .5 7.0 --- 6.5 54.0 1, 1993-2000 56.0 7.0 0 .7 2.8 66.5 : TOTAL 96.5 14.0 0 .7 9.3 120 .5 As can be seen from the above table, the projected development of 120 .5 acres by far exceeds the existing undeveloped, uncommitted land of 23.4 acres. Of this 97 acre shortage , there is a 77 acre disparity between the projected ,residel�andeof, 19m5nac�es96 With acres 80oand of the vacant residential City's growth expected to be residential , this is seen to be a critical issue in properly accommodating the area's residential needs. An item with should be noted with regards to meeting the criteria for annexation is that the amount of vacant land is< also substantially less than the five year projected growth. With an annual growth rate of 10 .8 acres, it is projected that the uncommitted vacant land will be depleted within 2.2 years. However, if the arguement were to be made that a portion of the future goWihlwill true)r then within ltthe ls projected land (which to an extent that the net vacant land (59.3 acres) will be depleted within approximately 5.7 years. Below is a table summarizing the vacant land in comparison to the City's projected growth . TABLE IV NET VACANT UNCOMMITTED DEMAND LAND VACANT LAND 1988 - 59.3 23.4 1988-1992 54.•0 5.3 -30 .6 1988-2000 120 .5 -61 .2 -97. 1 It must be realized, however , that of this vacant land a certain percentage will probably never experience development due to unfavorable location , inadequate access or insufficient size to accommodate current development needs and requirements. In order to properly accommodate future development as projected from historic growth, the City will need to increase its supply of undeveloped land or face a slow down in development caused by saturation of available land within the City limits. ,` ^ r 41) ANNEXATION PROPERTY The subject property being requested for annexation is located immediately south of Highway 36 and immediately west of Oakgreen Avenue. The property consists of approximately 195 acres. Within the property currently exists the following uses: Commercial Uses Acres • Mt McCormick Furniture ±1 .3 3.x Swager Bros. Realty +0 .8 Eagles 94 Club +1 .7 Grady's Cycle ±0'.7 Jerry's Auto ±1'.2 • Auto Reduction Yard +9.5 Total Commercial Use ±15.2 • Residential Uses 3733 60th Street N. ±0 .5 Lot 2, Block 2, Cleveland Terrace ±0 .5 Lot 3, Block 3, Cleveland Terrace ±0 .5 • • Total Residential Use ±1 .5 Other Uses NSP Facility ±0 .2 NSP Transmission Line Easement ±14.7 Ponds ±5.4 Vacant • ±158.0 y. TOTAL AREA +195.0 As evident from the above breakdown of uses, a significant portion of the subject property (8.7%) already contains existing development . In addition , 10 .3% of the property exists as either small ponds or under an NSP transmission line easement . This reduces the net developable area of the property to approximately 158.0 acres. The proposed land use of the subject property, according to the "Contiguous Land Use Map" of the City's Comprehensive Plan is to be for mixed use across the northern one-third and urban residential across the southern two-thirds. This is in general consistency with the Bayview Township Comprehensive Plan's proposed land use . It proposes the northern frontage along Highway 36 and extending 0 .25 miles south to be of commercial uses. The eastern one-third of • A-4443 Oak Park Heig• • BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Shirley J. Mihelich Chair John W. Carey Vice Chair Kenneth F. Sette Commissioner Donald Scheel Ex-Officio Member Russ Larkin Ex-Officio Member IN THE MATTER OF THE PETITION FOR ) FINDINGS OF FACT THE ANNEXATION OF CERTAIN LAND TO ) CONCLUSIONS OF LAW THE CITY OF OAK PARK HEIGHTS ) AND ORDER PURSUANT TO MINNESOTA STATUTES 414 ) The above-entitled matter came on for hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended, on April 18, 1988 at Oak Park Heights, Minnesota. The hearing was conducted by Terrence A. Merritt, Executive Director, pursuant to Minnesota Statutes 414.01 , Subdivision 12. Also in attendance were Shirley J. Mihelich, Chair, John W. Carey, Vice Chair, Kenneth F. Sette, Commissioner, and County Commissioners Russ Larkin and Donald Scheel , Ex-Officio Members of the Board. The City of Oak Park Heights appeared by and through Mark Vierling, Attorney at Law, and Lyle Eckberg, Attorney at Law, and the Town of Baytown appeared by and through David Magnuson, Attorney at Law. Heritage Development appeared by and through Patty Sullivan, Attorney at Law. Testimony was heard and records and exhibits were received. After due and careful consideration of all evidence, together with all records, files and proceedings, the Minnesota Municipal Board hereby makes and files the following Findings of Fact, Conclusions of Law, and Order. FINDINGS OF FACT 1 . On November 18, 1987, a copy of a petition for annexation signed by • -2- a majority of the property owners was filed with the Minnesota Municipal Board. The petition contained all of the information required by statute, including a description of the territory subject to annexation, which is as follows: McCormack Furniture_ Co.: That part of the Northwest Quarter of Section 5, Township 29, Range 20, described as follows: Commencing at the Northwest corner of the Northwest Quarter; thence West along the North line of said Section 5 for 359.7 feet to the point of beginning of this description; thence South and parallel with the East line of said quarter section a distance of 375 feet to a point; thence West and parallel with the North line of said quarter section 150 feet; thence North and parallel with said East line of said Northwest Quarter for a distance of 375 feet to the North line of said section and East along said section line a distance of 150 feet, more or less, to the point of beginning. Elmer Haase: The East 399.73 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 29, Range 20, except that part lying and being within R.L.S. No. 57; The Southeast Quarter of the Northwest Quarter of Section 5, Township 29, Range 20; the Northwest Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within R.L.S. No. 57; The Southwest Quarter of the Northeast Quarter of Section 5, Township 29, Range 20; The North One-half of the Southeast Quarter of the Northeast Quarter, except Parcel Nos. 2350, 2450 and 2400; The Northeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within the City of Oak Park Heights, and except Parcel Nos. 2750, 2900, 2850, 2800, 3050, 2950 and 3000; Lots C, D, E, F, J, K, L, N, 0, P, Q, R, S, T and V, Registered Land Survey No. 57. Gerald S. and Kathryn Mechelke: Lot A, Registered Land Survey No. 57. Stillwater Aerie #94 Fraternal Order of Eailes: Lots B and I, Registered Land Survey No. 57. Gardner J. and Sally Thomas: Lot G, Registered Survey istered Land Surve No. 57. Gerald A. and Mary Schoenecker: Lots H, M and U, Registered Land Survey No. 57. David Brandt and Heritage Development, Inc.: The South One-half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, including therein the plat of Cleveland Terrace; Lots 1 through 7, inclusive, Block 1, Cleveland Terrace; Lots 9 and 10, Block 1, Cleveland Terrace; Lots 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, • -3- 13 and 14, Block 2, Cleveland Terrace; Lots 1, 2, 4, 5, 7 and 8, Block 3, Cleveland Terrace. Timothy A. and Christina S, Hendrickson and Heritage Development, Inc. : Lot 2, Block 2, Cleveland Terrace. Patricia M. Peterson and Heritage Development, lac.: Lot 3, Block 3, Cleveland Terrace. Lancer Stores, Inc. and Heritage Development, Inc.: Lot 8, Block 1, Cleveland Terrace. Northern States Power Company: Commencing at the Southeast corner of the Northeast Quarter of Section 5, Township 29, Range 20, thence West along the South line of said Northeast Quarter for a distance of 133 feet to the most southerly Southeast corner of Lot 1, Block 3, Cleveland Terrace; thence North on the easterly line of said Lot 1, Block 3, Cleveland Terrace for a distance of 100 feet; thence East on the South line of said Lot 1 a distance of 133 feet to a point due North of the point of beginning; thence South 100 feet, more or less, to the point of beginning. All of the above lying and being in the Town of Baytown, Washington County, Minnesota. An objection to the proposed annexation was received by the Minnesota Municipal Board from Baytown Township on February 18, 1988. The Municipal Board, upon receipt of this objection, conducted further proceedings in accordance with M.S. 414.031, as required by M.S. 414.033, Subdivision 5. 2. Due, timely and adequate legal notice of the hearing was published, served and flied. 3. The area subject to annexation is unincorporated, approximately 196 acres in size, and abuts the City of Oak Park Heights by approximately a 10.9% of its border. The City of Oak Park Heights is approximately 1 ,142 acres in size. 4. The Town of Baytown is approximately 6,500 acres in size. 5. The City of Oak Park Heights had a population of approximately 1,256 in 1970, a population of approximately 2,591 in 1980, and it is estimated that • • -4- it will have a population of approximately 3,800 in 1990. 6. The Town of Baytown had a population of approximately 723 in 1970, a population of approximately 851 in 1980, and it is estimated that it will have a population of approximately 1,000 in 1990. 7. The area proposed for annexation has a population of at least 1 . 8. The City of Oak Park Heights has a comprehensive plan, zoning code, and subdivision controls. The comprehensive plan and Its components had their review completed by the Metropolitan Council on May 14, 1981 . 9. The Town of Baytown has a comprehensive plan, which had its review completed by the Metropolitan Council on August 12, 1982, and a zoning and subdivision ordinance which are the adopted county zoning ordinance and the model subdivision ordinance. The County Planning Department administers the zoning and subdivision ordinances. The Town of Baytown relies on the county shoreland and floodplain ordinances,a ces, as well as the county's on-site sewage ordinance. 10. The Town of Baytown comprehensive plan proposes commercial land uses along the frontage with Highway 36, which is the northern part of the annexation area, low-density residential land uses in the eastern one-third of the annexation area, and agricultural use in the western two-thirds of the remaining annexation area. 11 . For the area proposed for annexation, the City of Oak Park Heights comprehensive plan proposes commercial use for the northern portion along Highway 36 followed by multiple-family residential use south of that, and the remainder of the land for single-family residential use. • • -5- 12. Presently, the area proposed for annexation has commercial use along a portion of its northern boundary with Highway 36, residential use along Highway 36 and in its southeastern corner. The remainder of the land is vacant or in agricultural use. 13. In the area proposed for annexation there is approximately 15.2 acres in commercial use, approximately 1 .5 acres in residential use, approximately 158 acres in vacant use, approximately 5.4 acres in use as ponds, approximately 14.7 acres in use as an NSP transmission line easement, and approximately .2 acres used as an NSP facility, and land in road right-of-way. There is approximately 158 acres of developable area in the area proposed for annexation, without taking into consideration any road or additional ponding that may be required to facilitate development in the area. 14. In 1978, pursuant to the Oak Park Heights comprehensive plan, there were approximately 202 acres of vacant land within the city. Since that time, the City of Oak Park Heights has annexed an additional approximately 22 acres. 15. The City of Oak Park Heights has approximately 90 acres of undeveloped land. Approximately 31 of those 90 acres are classified as undevelopable because of soils, water, or other conditions. Approximately 36 of the remaining acres are committed to some form of residential or commercial development. The City of Oak Park Heights has approximately 23.4 acres of vacant land that is uncommitted and available for some form of development. 16. The City of Oak Park Heights needs additional land for development purposes, based on present and projected land consumption for development. 17. The City of Oak Park Heights provides its residents with water, i • • -6- sanitary sewer, storm sewer, police protection, fire protection through a contract with the City of Bayport, garbage collection, park services, and street improvements and maintenance. The city has sufficient capacity to provide water service to the area proposed for annexation. 18. The City of Oak Park Heights and the Metropolitan Waste Control Commission disagree on the amount of sewer capacity that the city will need. It is projected, in the City of Oak Park Heights comprehensive plan, that they will have y v a 1990 sewer flow of .426 million gallons per day. The allocation by the Metropolitan Council for 1990 treatment capacity is .386 million gallons per day. These projections are based on the city's present size without consideration of the annexation area. The city will be negotiating with the Metropolitan opolttan Waste Control Commission for service capacity regardless of whether the area proposed for annexation is annexed. 19. The City of Oak Park Heights has sufficient capacity in its sanitary sewer lines to service the proposed area if it is annexed. 20. The Town of Baytown provides its residents with fire protection through a contract with the City of Bayport, and the Town of Bayport contracts for street improvements and maintenance, and snow plowing. Police protection for the town is provided through the county. 21 . The City of Oak Park Heights is willing to provide the area proposed for annexation with all of the services it presently provides the residents of the City of Oak Park Heights. 22. The area proposed for annexation has several ponds in it. The area is generally flat to gently rolling land in the central portion with areas of , -7- steep slopes, ridges and hills in both the eastern and western areas of the area. Prime agricultural soils are located in the eastern one-half of the area and non-agricultural soils in the western portion of the area. The northeast corner and the south-central portion of the area contain wet soils and high water tables. The soil suitability for on-site septic systems is severe in the eastern portion of the area and slight to moderate in the western portion. The eastern portion of the area contains heavy soils with some clay. 23. The City of Oak Park Heights has a policy of presently not extending sewer and water beyond its corporate limits. 24. The City of Oak Park Heights has a fire insurance rating of 6. 25. The Town of Baytown has a fire insurance rating of 8. 26. The commercial businesses located in the northwestern portion of the area proposed for annexation are experiencing difficulty with their on-site waste water treatment systems. Some of them are actively seeking municipal sewer and water to correct these problems. 27. If the annexation is approved, Heritage Development Corporation proposes to develop into some form of single-family residential development the approximately 60 acres of land it has an option on within the area proposed for annexation. 28. The primary buildable lot in the Town of Baytown presently is two and one-half acres in size. 29. The plat of Cleveland Terrace, located in the southeastern corner of the annexation area, has 32 lots in it. There are only 3 or 4 lots that passed percolation tests for the installation of an on-site septic system on 410 • -8- the lot. The remaining lots are not presently buildable. 30. Access to the area proposed for annexation is either by the frontage road south of State Highway 36 or Oakgreen Avenue on the eastern side of the area proposed for annexation. Additionally, 56th Street North and 55th Street North in Cleveland Terrace provide access to a small portion in the southeast corner of the area proposed for annexation. 31 . The Town o f Baytown does not have a central sanitary sewer or water system. The Town of Baytown has no plans to develop either a central sanitary nary sewer system or central water distribution system. 32. There was no testimony that the lots on the land lying immediately east of the area proposed for annexation, and within the Town of Bayky town, were experiencing any difficulties with either their on-site wells *r on-site septic systems. 33. The assessed value of the City of Oak Park Heights is $52,969,221 . 34. The assessed value of the Town of Baytown is $7,800,797. 35. The assessed value of the area proposed for annexation atio n is approximately $464,950. 36. The mill levy for the City of Oak Park Heights is 17.034. The City of Oak Park Heights has a special mill rate of .701 . 37. The mill levy for the Town of Baytown is 2.340. 38. The mill levy for the County of Washington is 28.407. ty g I t. 39. The mill levy for the school district which services both the City of Oak Park Heights and the area proposed 9 p for annexation is 56.467. 40. The City of Oak Park Heights has a total bonded indebtedness of $1,503,000. I • -9- I The Town of Baytown has a total bonded indebtedness of $0. 41 . The annexation of the area proposed for annexation will have no effect on the school district since the same school district services both the City of Oak Park Heights and and the area proposed for annexation. 42. The City of Stillwater is immediately north of the area proposed for annexation. There was no testimony indicating a desire by the City of Stillwater to extend municipal services to the area proposed for annexation. The City of Oak Park Heights is the only city adjacent to the area proposed for annexation that has indicated a willingness to extend municipal services to the area proposed for annexation. CONCLUSIONS OF LAW 1 . The Minnesota Municipal Board duly acquired and now has jurisdiction of the within proceeding. 2. The area subject to annexation is now or is about to become urban or suburban in character. 3. Municipal government is presently required to protect the public health, safety, and welfare in the area subject to annexation. 4. The best interests of the area proposed for annexation will be furthered by annexation. 5. Baytown Township can carry on the functions of government without undue hardship. 6. An order should be issued by the Minnesota Municipal Board approving the petition for annexation of land described herein in Findings of Fact 1 . O R D E R 1 . IT IS HEREBY ORDERED: That the property described in Findings of • -10- Fact 1 herein, be and the same is hereby annexed to the City of Oak Park Heights, Minnesota, the same as if it had been originally a part thereof. 2. IT IS FURTHER ORDERED: That the effective date of this order is July 29, 1988. Dated this 29th day of July, 1988. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul , Minnesota 55101 T rr�ricel A. r i Executive Director • A-4443 Oak Park Heights M E M O R A N D U M The Minnesota Municipal Board notes that the annexation of the petitioned area will create an island of the Town of Baytown within the City of Oak Park Heights. At the hearing, there was no testimony that the area immediately east of annexed area seeks or needs municipal services. Further, the City of Oak Park Heights indicated that it did not presently, nor intend in the future, to seek the annexation of the properties located immediately west of Oakgreen Avenue and not within the City of Oak Park Heights, unless the property owners seek it or there is a need to extend municipal services to address a pollution problem. The board anticipates that the city's position will remain constant. The board is mindful that the town expressed concern that these people be given an opportunity to request annexation, or at the very least, be heard on the issue of annexation. In light of the town's desire for a hearing, the board suggests that the town and the city work to develop an orderly annexation agreement for those properties so that as the need or desire arises, they can be efficiently and economically intergrated into the City of Oak Park Heights for the benefit of the greater commun i tV , 2 G gg MEMORANDUM TO: LaVonne Wilson,' FROM: � David Licht 4 lir c 7 ,„� DATE: 26 April 1988 NORTHWEST ASSOCIATED CONSULTANTS RE: Oak Park Heights - Annexation Incorporated FILE NO: 798.02 - 88.05 M�plpMn55416�d�1k�6 / 59420/ 4601 Excelsior Blvd. Suite 410 As evidenced by correspondence received from the Metropolitan Council with regard to the present annexation matter, a comprehensive plan amendment will have to be pursued, should the annexation be approved by the Municipal Com- mission. Once the City receives word on the annexation matter, you should contact our office so that preparation of the amendment can be undertaken as rapidly as possible. My concern in this regard is that a major amendment to the City's comprehensive plan could be delayed up to three months at the Metropolitan Council level . We as a consequence, do not want to serve as an obstacle with regard to the overall scheduling of this land's prepartion for development. cc: Joe Anderlik Mark Vierling )111)/ 1111 11 Olee) otitV141 ::\e(9, 11$11 lieXtj II! LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P.O. BOX C STILLWATER.MINNESOTA 55082 (6121 439.2878 LYLE J.ECKBERG JAMES F. LAMMERS ROBERT G.BRIGGS PAUL A.WOLFF April 22, 1988 MARK J.VIERLING JAMES I. MOBERG VICKI L.GIFFORD Mr . David Licht Northwest Associated Consultants Incorporated 4601 Excelsior Boulevard - Suite 410 Minneapolis , Minnesota 55416 Re : Oak Park Heights annexation - A4443 Baytown township Dear Dave : I received your Memorandum of April 21, 1988, with regard to the possibility of preparing an additional memorandum to the Municipal Commission regarding vacant land calculations within the City of Oak Park Heights. As the hearing was closed at 4: 15 p.m. on Monday, April 18th, no further evidence is allowed to be submitted unless requested by the Municipal Commission. In any event, I believe the memo that was submitted is adequate as to the issue on available lands within the City. Nonetheless , thank you for your concern. Additionally, I would like to take the opportunity to thank you as it relates to your preparation and testimony at the time of the annexation hearings. The information provided was not only informative but I believe very well received by the Municipal Commission. You are to be commended for a job well done. Yours -r rul s , ,/Ma•k J. Vierling MJV:ks c : La Vonne Wilson • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P.0.80XC STILLWATER,MINNESOTA 55082 18121 439-2878 LYLE J. ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS PAUL A.WOLFF April 22, 1988 MARK J.VIERLING JAMES I. MOBERG VICKI L.GIFFORD Mr . Joseph C. Anderlik Bonestroo , Rosene, Anderlik & Associates, Inc. 2335 West Trunk Highway 36 St . Paul , Minnesota 55113 Re : City of Oak Park Heights - annexation Baytown Township Dear Joe: As it relates to the annexation hearing that was held on April 18th at the Oak Park Heights Municipal Building, I wanted to take this opportunity to thank you for your work and your testimony as was given to the Municipal Commission. Your testimony was well prepared and I believe well received by the members of the Municipal Commission. Your work has been much appreciated . Yours very truly, • Mark J. Vierling MJV:ks c : La Vonne Wilson MORANDUM •TO: LaVonne Wilson FROM: David Licht I)/ northwest DATE: 18 April 1988 associated RE: Oak Park Heights Annexation consultants, inc. 60925-9420 FILE NO: 798.02 - 88.05 4V2tWitirieMAVA/talbMItielt6ti mrnneapolfs, mn 55416 4601 Excelsior Boulevard #410 I am herewith forwarding copies of material which our office prepared and was submitted in evidence as part of the annexation hearing on Monday. Should you have any questions on this material , feel free to contact me accordingly. WHITE -ORIGINAL YELLOW - FILE COPY PINK- C FILE h` { MEMORANDUM • TO: David R. Licht. FROM Curt Gutoskeel DATE: 15 April 1988 � J 'RE: Oak Park Heights - Annexation Hearing FILE NO: 798.02 - 88.05 Below are revised population projections. for the. City of Oak Park. Heightt received from Mike. Munson, of the Metropolitan Council. The revised projections:were calcu- lated for sewer allocations, hence, the numbers indicate high end projections. However, Mr. Munson indicated that the original projections made. in April of :1986 did take into account recent annexations. They did not though, ,consider the.possi • • bility of future annexations. ' The figures for 1990,' 2000 and 2010 are thus based upon current City boundaries. 1987 1990 2000 2010 Pop. H.H. Pop. H.H. Pop. H.H. Pop. H.H. Original. Projections (1986). . 3,800 1,300 3,900 1,400 4,300 1,600 Revised P.rojections .(1987?) .3,669 1,282 4,100 1,400 4,600 . 1,650 5,400 2,000 SOURCE: Metropolitan..Council 1986, 1987 Typically, the Metropolitan Council does not try to project future annexations due to . the rather large degree of uncertainty. As for recent annexations, there have been three different annexations since 1978. Below is a listing of. .the. subject. annexations. This information ,was .provided by •, LaVonne Wilson from City files. DATE DESCRIPTION ACRES December 14, 1978 Swager.Bros. 9th .Addit.ion . +54.1 April. .15., 1982 Hwy. 36 & OakgreenAvenue. . +_22.0 August 14, 1986 County Road #21* }:Ot2 (Near Stillwater Prison) ' TOTAL ACRES +76.3 *The County Road #21 Annexation was also a detachment from the City of Bayport. Please advise if additional information is needed: �a`ems aI p northwest associated consultants, inc. A N }1141 MEMORANDUM TO: Lyle Eckberg FROM: Curtis Gutoske/David Licht DATE: 12 April 1988, Revised 15 April 1988 RE: Oak Park Heights - Annexation Hearing FILE NO: 798.02 - 88.05 £ " An inventory and analysis has been completed concerning the City's existing vacant land, its past and projected growth and an analysis of the subject property to be annexed. The following sections will describe in detail the findings and conclusions resulting from this analysis as they apply to the proposed annexation . VACANT LAND In determining the amount of vacant land within the City , a field inspection was conducted on 7 April 1988 identifying all vacant and undeveloped parcels. The vacant parcels were then mapped and compared against areas of severe development restrictions (poor soils, steep slopes, wetlands and floodplains) to determine the developable land within the City . In addition , land which is currently committed for development or presently in the planning stages of development was identified to determine the amount of "pure" or "uncommitted" vacant land within the City. The potential number of residential units this uncommitted land could accomodate was also calculated using the densities allowed by the Ordinance. In the table which follows, the findings of the inventory are summarized and categorized per zoning district for which the vacant land exists. 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925-9420 . ,, - III 411 . , , " ... .. .. . w y,,. t,' .:, .., .. J . . , , , -4,,,,,ig, . ,,. . . TABLE I , . . •VACANT LAND (ACRES) ,�. ' '4 „ x !> J Land tr Net Committed • Zoning Gross Undevelopable Vacant For Uncommitted ,rye District Area Land Land Development Land {`f . R-1 19.8 -- 19.8 19.3 . 0.5 • yef-4t,.4 :: R-2 40.9 21.3 19.6 6..3 13.3 t , ' ' R-3 1.0 --- 1.0 --- 1.6 t R-B 15.2 0,7 14,5 9.8 4.7' ' 4t B-1 --- --- --- --- -- ` ' B-2 6. 1 1.7 4.4 ' .5 3.9 ? 5t • I 4.8 . 4.8 --- -- -__ rd }r ,' 0 2.3 2.3 -- -- . --- $, , .. TOTAL 90. 1 30.8 59.3 35.9 23..4 , f; f 4 °H'I' V't R? The 59.3 acres of existing undeveloped land within the current City limits compares to 202 acres of vacant land which existed in 1978 (source: Oak Park Heights: Comprehensive Plan , 1979) . This is a favorable comparison especially in consideration of the City having added approximately 22 acres of land through annexation since 1978. Furthermore , with only 23.4 acres of land currently uncommitted for development , less than half (39%) the total developable vacant land exists for future development . In the next section , the City's current and projected growth rxi , will be determined to project how long the City's vacant -1. land supply will last . LAND ABSORPTION ' Examining the City's growth on a more detailed basis, building permit files were used to determine the amount of past residential , commercial and industrial development . Data was available beginning with 1980 and extending through h V year end 1987. . `414 , 1 .114 • 411 411 • , KS Y ` In determining the acreage for the residential development , a density of 3.0 units/acre was applied for single family and duplex development and 10.0 units/acre was applied for multi-family development . Commercial and industrial acreages were determined from site plans of the specific developments, while the "other" category Included public and semi-public development such as city buildings and churches. TABLE II 1980-1987 DEVELOPMENT* (ACRES) YEAR RESID. COMM. INDUSTRIAL OTHER TOTAL 1980 10 .0 --- --- --- 10 .0 1981 2.4 --- --- --- 2.4` xr 1982 2.0 --- --- --- 2:0 1983 3.9 1 .2 1 .0 --- 6. 1 1984 1 .9 2.5 --- --- 4.4 1985 13.3 1 .6 --- --- 14.9 1986 3.3 1 .5 --- 3.4 8.2 1987 7.7 1 .0 --- -- 8.7 TOTAL 44.5 7.8 1 .0 3.4 56.74 ° fi, Average 1980- 1987 5.6 1 .0 0 . 1 0 .4 7. 1 • Average 1985- _ 1987 8. 1 1 .4 0 .0 1 .3 10 .8 *SOURCE: City Building Permit Files Using the average growth rates calculated above , projections can be made for future growth . For short term growth (5 years) , the 1985-1987 average is used to reflect recent trends and existing conditions which dictate growth in development . For Jonger range projections (6-12 years) , the 1980-1987 average 'is used to take into account the slow down in growth that is expected for the entire metropolitian area during the mid to late 1990's. In addition , a slow down in growth will also be a result of a lack of available developable land existing within the City's corporate boundaries. It will be a similar situation , particularly in regards to residential development , that the City has experienced in the past with the lack of available land to accommodate residential growth . The table below identifies an itemized projection per land use for the next five years and also through the year 2000 . { xK� TABLE III T ` FF X yty - PROJECTED DEVELOPMENT (ACRES) sir 4 RESID. COMM. INDUST. OTHER TOTAL f 1988-1992 40 .5 7.0 --- 6.5 54.0 1993-2000 56.0 7.0 0 .7 2.8 66.5 y` TOTAL 96.5 14.0 0 .7 9.3 120 .5 z `` As can be seen from the above table , the projected development of 120 .5 acres by far exceeds the existing undeveloped, uncommitted land of 23.4 acres. Of this 97 acre shortage , there is a 77 acre disparity between the projected residential development of 96.5 acres and the vacant residential land of 19.5 acres. With 80% of the City's growth expected to be residential , this Is seen to be a critical issue in properly accommodating the area's residential needs. An item with should be noted with regards to meeting the criteria for annexation is that the amount of vacant land is also substantially less than the five year projected growth. With an annual growth rate of 10 .8 acres, It is projected that the uncommitted vacant land will be depleted within 2.2 years. However, if the arguement were to be made that a portion of the future growth will occur within the committed • land (which to an extent will be true) , then it is projected that the net vacant land (59.3 acres) will be depleted within approximately 5.7 years. Below is a table summarizing the vacant land in comparison to the City's projected growth . TABLE IV . .; NET VACANT UNCOMMITTED DEMAND LAND VACANT LAND 1988 - 59.3 23.4 1988-1992 54.0 5.3 -30 .6 1988-2000 120 .5 -61 .2 -97. 1 It must be realized, however , that of this vacant land a certain percentage will probably never experience development due to unfavorable location , inadequate access or insufficient size to accommodate current development needs and requirements. In order to properly accommodate future development as projected from historic growth , the City will need to increase its supply of undeveloped land or . face a slow down in development caused by saturation of available land within the City limits. ' 0 111• 3i ANNEXATION PROPERTY The subject property being requested for annexation is located immediately south of Highway 36 and immediately west of Oakgreen Avenue . The property consists of approximately 195 acres. Within the property currently exists the following uses: we f Commercial Uses Acres r � ^a McCormick Furniture +1 .3 Swager Bros. Realty +0 .8 Eagles 94 Club ±1'.7 ` Grady's Cycle +0 .7 Jerry's Auto ±1':2 } -' , Auto Reduction Yard ±9.5 Total Commercial Use ±15.2 Residential Uses 3733 60th Street N. ±0 .5 a Lot 2, Block 2, Cleveland ' ! Terrace +0 .5r 7a Lot 3, Block 3, Cleveland *# Terrace +0 .5 4, • ti 3.Total Residential Use +1 .5 q it4h Other Uses , NSP Facility +0.2 NSP Transmission Line { � Easement ±14.7 Ponds ±5,4 Vacant +158.0 2 TOTAL AREA ±195.0 As evident from the above breakdown of uses, a significant portion of the subject property (8.7%) already contains existing development . In addition , 10 .3% of the property exists as either small ponds or under an NSP transmission line easement . This reduces the net developable area of the property to approximately 158.0 acres. The proposed land use of the subject property, according to the " Contiguous Land Use Map" of the City's Comprehensive Plan is to be for mixed use across the northern one-third and urban residential across the southern two-thirds. This is in general consistency with the Bayview Township Comprehensive Plan's proposed land use . It proposes the northern frontage along Highway 36 and extending 0 .25 miles south to be of commercial uses. The eastern one-third of • • • . ! i the remaining area would be low density residential and the western two-thirds would remain agricultural in use . The descrepancy exists in the latter land use description being for agricutural use , as opposed to the. City's designation of urban residential . As for the issues of streets, sewers, soils, and other environmental concerns, the City Engineer is preparing a separate report addressing these matters. Also, many of these issues were reviewed in a report ,from the Metropolitan Council dated 5 April 1988 which was first prepared in 1983. The above stated report was part of a Memorandum of Understanding agreed to by the Metropolitan Council and the Minnesota Municipal Board on June 28, 1983. A copy of this report is attached for additional reference. , • y. f f tJ , 1 lorsiliS 5050 SOiLI ,esesoTTTWes ,,,, 01)40 46' N. ■• ■-- % / _ ,e±y_fil 97/ _ „ „,ht142 0. ii 01 _ 04- // lit f $,........ Yak / r Ad,' - ---Alev 4.14.4___C_ As- i ,e.,,,r.A.4. .,_ ..,..._,..,4:,r, At ?Ad —L a. 1 — re,- Y?I; ....;;Mi .11:-Or- — ----=,---$14-t—* —--- /5 itip-- - 4.4w- _________.2._ -"T.) .a.4.,-*....414 /04.7 8.44 • 121_3_ V onlo....0 a4...4.4e4•1 _ 126.4.4"...4.40..,„,„■ , ay/ V. -w..... ..3,146,-44.-d •?_ -- J'ci "# 10-4V-1- ' ../ _________ irt.r...4...d...,....0 IT_.14.4....A--. Per,.....4- --- , -- ----- - 40:0_4-- :7444,,g.--zneom0,A4404 : i 10111, 1100111091.1Tur1Teellailerell 25. 1.- , eie, - '----? ....___ Yr.,p,,,........A.--- ___ -.t. .Le_.-ece Le-0 ,y,---- -,-5-- j i Az.,„_. ......„4,_, ii„4,-,-1,.... ze,,e 6-6/___ .4.2„4„ is__ ..;6-0,-.. . „,,, • _c, 3 „6-1 3 - r--/---L--t=--P-, - - - 7,-.-0-fi. ,. 4.4.k.et} Lc.._•at-_, _ eo..... .4...44.4.,... _ A .... . 1' , . ..V.i.."...=frA../4.1...... A...c..t.1. —CZ,-4 S =;:e.>"9-X&A, ••-•Ak.ly lito-or � iS !! JSSS'TVPTIYPTIIi111S , �� °~�-- --- _________- �� -_' &=-~�~�� ~_ /LIG' -- - `' ~~d__--- ---� L/ _ L— _�___—_ -_ -__ _.> u--- ________ _ �_����`' ^�_�_d___ / __--'___ �� _ �, «�, _ ��,��„�~� :� c^ � � ~..... i 8 � 22‘.0-7-14,4."---o ~_ (74,... T.Zi. .........et ~~54t-^^..4_^..) - / .4.4,-_~~.. siA~^_Ju-� .. zjeLA_A# _ 7,..,,,,,L0.,,,!_e_ ....A... * -7447- • ,i'e X,A--0"--- ,,,,......jj, � �� � . ---- - ��--- -`��' �L^ ~J� ' _-_,��,-"�+.-=^�^~-~~� _~i.,_-__-____ __-__'___-___. ' 1__ __ ' -_ �~ _-_ __— - .- ' ____-___ __ _-_- _-_-_ _ _-___-_-�_____�__'-__-_____ ___z.r...44. ..-..... .- ai-. 442-4,- -,..„;........t. 67,,,,44... .4,,:.,, _Are/IA-it- _,A.,,,,,,,, ........._ ,, • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P 0.BOX C STILLWATER,MINNESOTA 55082 (6121 438-2878. LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS PAUL A.WOLFF April 26, 1988 MARK J.VIERLING JAMES I.MOBERG VICKI L.GIFFORD 1 Minnesota Municipal Board 165 Metro Square Building 121 East Seventh Street St. Paul, Minnesota 55101 Re : A-4443 Oak Park Heights Gentlemen: Some questions arose at the hearing which took place at the Oak Park Heights Municipal Building on April 18, 1988, with reference to the inclusion of all of the lots within the plat of Cleveland Terrace. Mr. Magnuson pointed out that Lots 3 and 6, Block 3, Cleveland Terrace , had been omitted . We contend that said lots are included under the paragraph where the ownership is designated as "David Brandt and Heritage Development, Inc. The South One-half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20 , including therein the plat of Cleveland Terrace . " Thereafter the lots of Cleveland Terrace are listed , however , Lot 3, Block 3, Cleveland Terrace, is also listed further in the description under "Patricia M. Peterson and Heritage Development, Inc ." It does appear that Lot 6, Block 3, Cleveland Terrace is not referred to , other than in the all-inclusive description under the Brandt heading which states " including therein the plat of Cleveland Terrace. " Said Lot 6, Block 3, is owned by David A. Brandt and Heritage Development , Inc . There appears to be no question about Lot 3, Block 3, Cleveland Terrace, which is included in the proceeding . We further contend that there is no question that Lot 6, Block 3, Cleveland Terrace, is not included as it is within the plat of Cleveland Terrace and included in the all-inclusive description hereinbefore set forth. A copy of the Notice of Hearing is enclosed; we have highlighted the all-inclusive statement. / • • 1 Minnesota Municipal Board April 26, 1988 Page 2 If there should be any further questions, do not hesitate to contact us. You = - i tr , /Pr� 4 < L - J. Eckberg LJE: ks Enclosure c : La Vonne Wilson (w/enc) David T. Magnuson (w/enc) Patti J. Sullivan (w/enc) 1 Evening Ile,mar.30,19811 A-4443 Oak Par 1 • NO EARINO BEFORE ICIPAL BOARD • OF THE STA OF MINNESOTA `'Shirley J.Mihelidl Chair ' John W.Carey ' Vice Chair . •Kenneth F.Sane ,Commissioner County Commissioner Ex-Officio Member County Commissioner Ex-Olflclo Member Affidavit of Publication ,,IN THE MATTER OF THE PETITION FOR THE ANNEXATION OF CERTAIN LAND TO STILLWATER EVENING GAZETTE • THE CITY OF OAK PARK HEIGHTS PURSU- ANT TO MINNESOTA STATUTES 414 Notice Is hereby given that a public hearing STATE OF MINNESOTA ) wit be held pursuant to Minnesota Statutes I ss. 414,as amended,before the Minnesota Mu- COUNTY OF WASHINGTON ) j nloipal Board in theabOve•endded matter. , The hearing will be held on to 18th day of John Easton,being duly sworn,on oath says that he Is the publisher or authorized agent ,Apr11,1988 In the Council Chambers of the and employee of the ublisher of the newspaper known as Stillwater Evening Gazette,and Oak Park Heights City Hap,Oak Park Heights, p ven I Minnesota commencing at 9:30 a.m.All per- has lull knowledge of the facts which are stated below: eons shall be given an opportunity to be heard •orally and IA)The newspaper has complied with all of the requirements constituting qualification - to submit written data,statements or arguments concerning the above-entitled as a qualified newspaper,as provided by Minnesota Statute 731A.02,331A.07,and other api (matter.The right to testify and the admission plicable laws,as amended. ,of testimony and other evidence shall be gov- Notice o f Hearing Before The Municipal erred by to Ruke of to Minnesota Munktipel (B 1 The printed "Board.(The Rules of tea Annesota Municipal L O ii r G O f the S tate of MI n n e s o t a Board may be purdesed from the Documents A-4443 rJ a k Park h e i g h t s Section,117 University Avenue,SL Paul,Min- !nesota 55155,(812)29730001 The property proposed for annexation Is ii which is attached was cut from the columns of said newspaper,and was printed and described as follows: published once each week,for Two sucressiv@ YY Wysweeks;it was first 'McCormack Furniture Co.:That part Wednesday ,the 30th day of f 1 ra r c h i• of the Northwest Quarter of Section 5, published on /v VV Township 29,Range 20,described as 1v9_,I\'iYYJ,and was therealler printed and published oneve�'r W e d n e s d ra YIt end inX follows:Commencing at the Northeast Auv,ing,the 0th • day of April , 19 88; and ' ' corner of the Northwest Quarter: thence'West along the North line of printed below is a copy of the lower case alphabet from A to Z,both Inclusive,which Is said Section S for 359.7 feet to the Pant of beginning of hereby acknowledged as being the size and kind of type Used In the composition and this de witipdon; thence South and parallel with the publication of the notice: East One of said quarter section a die- lance of 375 feet to a point:thence abcdatuhllkhnnof.grsluvwxyr '� West end parallel with the North lira of ��;� ..L� ;,. said quarter section 150 feet;Sane Po.lithe r North and parallel with said East the of said Northwest Quarter for a distance Subscribed and sworn to belure on this i of 376 feet to the North One of said . j section and East along said section t h April day of I line•distance of 150 feet,more or la I lees,to the point of beginning. i. v++.+HV++4s+sr+Heroaroewearoonmcas Elmer Haase:The East 399.73 feet of ' the Northeast Quarter of the feet of ,,,;'^''''',::;•,, BEVERLY FIAR■/I :UX west Quarter o1 Section 5,Township .r lit •. NOTARY PUBLIC-t'LINe3OTA pp 29,Range 20,except that part lying • ��� - .." `'1,'WASHINGTON CC l)?l1'Y r and being within R.L.S.No.57;1he Notary Public / -*r...- My Comnesion Exci:vio r-r,i,.2.2 I'n I'4 Southeast Quarter of the Nort west sr-r vr«:,nr✓.i.,:..'. .,'...N: .'� Quarter of Section 5,Township 29, Range 20;the Northwest Quarter of RATE INFORMA'T'ION the Northeast Quarter of Section 5,'. , Township 29,Range 20,except that 1/),511: pan lying and taint within H.L.S.No. III Lowest classified rate paid by corn 51 �� 57:The Southwest Quarter of the • mercial users for comparable space $ • Northeast Quarter of Section 5,Town- ILine,word,or inch ratet , ship 29,Range 20;The North Ono-half �/ /3 of the Southeast Quarter of to North- 171 Maximum rate allowed by law for the //).?; east Quarter, except Parcel Nos. above matter $ /� 2550,2450 and 2400;The Northeast (Line,word,or inch rata) i: Quarter W.the Northeast.Quarter of (31 Rate actually charged for the above //Qr �3 Section 5,Township 29,Range 20.ex- matter $ /h •,wpt that part lying and being within , (Line,word,or Inch rate) �. the City ol,Oak Park Heights,and ex- , . coot Parcel Noe.2750,2900,2850, 2800,3050,2950 and 3000;Lots C.0, Received Payment_ 19_ ' E.F,!,K.L,N,Q,P,0,R,S.T end V, STILLWATER EVENING GAZETTE Registered Land Survey No.57. Gerald S. and Kathryn M ichatkr: By Lot A,Registered Land Survey No.57. Stillwater Aerie 094 Fraternal Order of Eagles:Lots B and 1,Registered Land Survey No.67. Gardner J.and Sally Thomas:Lot G, Registered Land Survey No.67. .. Gerald A.and Maly Schoenecker. Lots H,M and U.Registered Land Sur- ' way 1'0.57. ! David Brandt end Heritage Develop-' ment,Inc.:The South Qna h a r tide. Southeast Ohiaifer of the Nateaael Y10a1flf7"a -Range l 0,'f n p W i n g therein the plat e_ ..ClevelanCi 090.�. ,. •...... ..... ...... __...._._--. .__... .... _.. ..... ._ -.._ . IOghuivrBWc 1,Cleveland Terrace:- _._._. ' Lou 9 and 10.91ods 1,Cleveland Ter- ' race:Lots t,3,4.6,6.7,8,9,10,11, ' 12,13 and 14,Block 2,Cleveland Ter- race;Lots 1.2,4,5,7 and 8,Bock 3, • Cleveland Terrace. I Timothy A. and Christine S. Hendrickson and Heritage Develop- ment,Inc.:Lot 2,Block 2,Cleveland Terrace. Patriots M.Peterson and Heritage Development,Inc.:Lot 3,Block 3, Cleveland Terrace. Lancer Stores,Ina.and Heritage De- ' j velopment, Inc.: Lot B. Block 1, Cleveland Terrace. Northern States Power Company: ' ""Commencing at the Southeast comer of the Northeast Quarter of Section 5, VYTownship 29,Range 20,thence West ' ' along the South lire of said Northeast: r Quarter'fora distance of 133 feet to ' the moat southerly Southeast corner of Lot 1, Block 3, Cleveland Terrace; I:_ thence North on the easterly Ike of `` said Lot I,Block 3,Cleveland Terrace l bra distance of 100 ldet;thence East • on the South line of said Lot 1 a die-• Rance of 133 feet to a point due North of the point of beginning:thence South t. '100 fast,more or less,to the point of l: beginning. • • AN of the above lying and being In the j Town of Baytown.Washington Coon-•' ly,Minnesota. Alter at testimony Is complete and the re- cord la dosed,the Board will meet from lima to time to deliberate,approve and Issue Its find- . Inge and order.Persons desiring to be present - at such meetings or conference cat meetings should contact the Board office. Dated this 10th day of March.1988. 't,t. MINNESOTA MUNICIPAL BOARD J 185 Metro Square Building ,. St.Pad,Minnesota 55101• . • Id Patricia D.Lundy ' ■ Patricia D.Lundy : i.. Assistant Director 3/30 d 4/8 "IF 410 A-4443 Oak Park Heigh s v T ! A JV 4 .. 7 ,Y ', �,re:'';'; BEFORE THE MUNICIPAL BOARD '1 OF THE STATE OF MINNESOTA kr ,�' Shirley J. Mihelich Chair John W. Carey Vice Chair �t Kenneth F. Sette Commissioner r r° County Commissioner Ex-Officio Member County Commissioner Ex-Officio Member IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND TO ) NOTICE OF HEARING 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 18th day of April , 1988 in the Council Chambers of the Oak Park Heights City Hall , 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, (612) 297-3000.] The property proposed for annexation is described as follows: McCormack Furniture Co. : That part of the Northwest Quarter of Section 5, Township 29, Range 20, described as follows: Commencing at the Northwest corner of the Northwest Quarter; thence West along the North line of said Section 5 for 359.7 feet to the point of beginning of this description; thence South and parallel with the ..7 %. -2- East line of said quarter section a distance of 375 feet to a point; thence West and parallel with the North line of said quarter section 150 feet; thence North and parallel with said East line of said Northwest Quarter for a distance of 375 feet to the North line of said section and East along said section line a distance of 150 feet, more or less, to the point of beginning. Elmer Haase: The East 399.73 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 29, Range 20, except that part lying and being within R.L.S. No. 57; The Southeast Quarter of the Northwest Quarter of Section 5 Township 29, Range 20; the Northwest Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within R.L.S. No. 57; The P Southwest Quarter of the Northeast Quarter of Section 5, Township 29, Range 20; The North One-half of the Southeast Quarter of the Northeast Quarter, except Parcel Nos. 2350, 2450 and 2400; The Northeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within the City of Oak Park Heights, and except Parcel Nos. 2750, 2900, 2850, 2800, 3050, 2950 and 3000; Lots C, D, E, F, J, K, L, N, 0, P, Q, R, S, T and V, Registered Land Survey No. 57. Gerald S. and Kathryn Mecheike: Lot A, Registered Land Survey No. 57. Stillwater Aerie 194 Fraternal Order of Eagles: Lots B and I , Registered Land Survey No. 57. Gardner J. and Sally Thomas: Lot G, Registered Land Survey No. 57. Gerald A. and Mary Schoenecker: Lots H, M and U, Registered Land Survey No. 57. v. . : . 1. . , • ..: I- _ .. 0- t i : The South One-half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, including therein the plat of Cleveland Terrace; Lots 1 through 7, inclusive, Block 1 , Cleveland Terrace; Lots 9 and 10, Block 1 , Cleveland Terrace; Lots 1 , 3, 4, 5, 6, 7, 8, 9, 10, 11 , 12, 13 and 14, Block 2, Cleveland Terrace; Lots 1 , 2, 4, 5, 7 and 8, Block 3, Cleveland Terrace. Timothy A. and _Christina S, Hendrickson and Heritage Development Inc. : Lot 2, Block 2, Cleveland Terrace. Patricia M. Peterson and Heritage Development, Inc.: Lot 3, Block 3, Cleveland Terrace. Lancer Stores} Inc. and Heritage Development, Inc.: Lot 8, Block 1 , Cleveland Terrace. Northern States Power Company: Commencing at the Southeast corner of the Northeast Quarter of Section 5, Township 29, Range 20, thence West along the South line of said Northeast Quarter for a distance of 133 feet to the most southerly Southeast corner of Lot 1 , Block 3, • -3- Cleveland Terrace; thence North on the easterly line of said Lot 1 , Block 3, Cleveland Terrace for a distance of 100 feet; thence East on the South line of said Lot 1 a distance of 133 feet to a point due North of the point of beginning; thence South 100 feet, more or less, to the point of beginning. All of the above lying and being in the Town of Baytown, Washington County, Minnesota. After all testimony is complete and the record is closed, the Board will meet from time to time to deliberate, approve and issue its findings and order. Persons desiring to be present at such meetings or conference call meetings should contact the Board Office.' Dated this 10th day of March, 1988. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul , Minnesota 55101 (aa )Q.4 Patricia D. Lundy Assistant Director MEMORANDUM TO: Mark Vierling Agiit FROM: David Licht (v, DATE: 21 April 1988 NORTHWEST ASSOCIATED CONSULTANTS RE: Oak Park Heights - Annexation Hearing Incorporated AWZONIAilietblIWErdtilhOirlY,Wie/42(6/ FILE NO: 798.02 - 88.05 Mpls., Mn. 55416 612/925-9420 4601 Excelsior Blvd. Suite 410 In the material which we prepared and was submitted to the Municipal siuip •,i • • * I ei . 1 * te • e isa •e I ll'HO did n. '1 - . - Ali o t- Me res. i ,n C. ,ncil' normall al ows in calculating development demand. Such information will document that the present proposed annexation is insufficient to meet the land demands of the community in the next twelve years to the year 2000. If you believe this information would be of value, we can prepare a report addendum which I presume you can submit as part of a final brief on the City's request. Please advise if you want this matter pursued. cc: LaVonne Wilson 4#,14 t. .04 e • -4- • pollutant emissions, noise, odors, affect on fish or wildlife; affect on historical resources, archaeological resources, aesthetic resources; impairment of park lands, prime farmlands, wild and scenic rivers, critical area; abandoned dump or disposal site, etc. ). (h) Plans and programs by the annexing municipality for providing needed governmental services to the property proposed for annexation: ( i) Fiscal Data: i I I i Trend over last I Present I Present I Subject i three years: Classification: I City: I Township: I Area: I (e.g. increasing, I Year: 87I Year: I Year: ldecreasing. stable), Assessed 1 52,969,221 I I Valuation I 1 Mill Rate: i 28.407 I I County I i I Local Unit I I I of Gov't. I 17.034 I School I I District J 56.467 I Special I I Taxing Dist. I .701 i Insurance I N/A � Rating (fire) I eimit I 899,1451 1 Limit Actual i I I 899,000 Current Levy I 899,0001 I Total Bonded I I i Indebtedness I 1,503,0001 1 1 (j) Would the proposed action affect area school districts or adjacent communities? Yes No (k) Are new services necessary for subject area? Yes No Does township have capacity to provide? Yes _ No ( I ) Could necessary governmental services best be provided by incorporating or annexation to an adjacent municipality to township? Yes No I • • S T I P U L A T I O N 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 M.S. 414.012. ) Other suggested maps include: J1ap of existing highways, thoroughfares and streets (with indication of maintenance responsibility for each roadway). In case of new development proposals, description 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. An Equal Opportunity Employer oy a.lty,V Phone: (612)296-2428 Y 4"l,.�k34kH � N1Y- STATE OF MINNESOTA MUNICIPAL BOARD Suite 165 Metro Square 7th & Robert Streets St. Paul, Minnesota 55101 March 10, 1988 LaVonne Wilson Oak Park Heights City Clerk 14168 - 57th Street, North Box 2007 Stillwater, Minnesota 55082 Re: Preparation for annexation hearing - A-4443 Oak Park Heights 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's 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 township, (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 ma y jointly stipulate specific facts which will expedite the proceeding. Enclosed is a suggested format for preparing a P P 9 99 P P 9 stipulation. Please cross out any areas that cannot be stipulated and make any attachments necessary. The stipulation should not be regarded as complete evidence for the proceeding. Its aim is to assist those involved in preparation for the hearing. If complete and accurate evidence is presented, it will facilitate a more expeditious decision. We also call to your attention the Rules of the Minnesota Municipal Board recently amended and specifically Rule 6000.1200, which requires the petitioner to notify the board at least seven days prior to the hearing of any personal knowledge of controversy regarding the hearing. Notice may be given efir;le D, • LaVonne Wilson March 10, 1988 Page Two either by a letter or phone call to the Municipal Board Office. Any request for continuance of a hearing should be submitted to the board 10 days before the hearing. Rules of the Minnesota Municipal Board may be purchased from the Documents Section, 117 University Avenue, St. Paul, Minnesota 55155, (612) 297-3000. The Rules are also contained in Minnesota Statutes Annotated immediately following Chapter 414 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 or if additional clarification is needed. Sincerely, MUNICIPAL BOARD Patricia D. Lundy Assistant Director PDL:sg Enclosures tf • v A-4443 Oak Park Held" BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Shirley J. Mihelich Chair John W. Carey Vice Chair Kenneth F. Sette Commissioner County Commissioner Ex-Officio Member County Commissioner Ex-Officio Member IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND TO ) NOTICE OF HEARING 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 18th day of April , 1988 in the Council Chambers of the Oak Park Heights City Hall , Oak Park Heights, Minnesota commencing at 9:30 a.m. Al persons shall be given an opportunity 9 P 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, (612) 297-3000.] The property proposed for annexation is described as follows: McCormack Furniture Co. : That part of the Northwest Quarter of Section 5, Township 29, Range 20, described as follows: Commencing at the Northwest corner of the Northwest Quarter; thence West along the North line of said Section 5 for 359.7 feet to the point of beginning of this description; thence South and parallel with the • -2- East line of said quarter section a distance of 375 feet to a point; thence West and parallel with the North line of said quarter section 150 feet; thence North and parallel with said East line of said Northwest Quarter for a distance of 375 feet to the North line of said section and East along said section line a distance of 150 feet, more or fess, to the point of beginning. Elmer Haase: The East 399.73 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 29, Range 20, except that part lying and being within R.L.S. No. 57; The Southeast Quarter of the Northwest Quarter of Section 5, Township 29, Range 20; the Northwest Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within R.L.S. No. 57; The Southwest Quarter of the Northeast Quarter of Section 5, Township 29, Range 20; The North One-half of the Southeast Quarter of the Northeast Quarter, except Parcel Nos. 2350, 2450 and 2400; The Northeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within the City of Oak Park Heights, and except Parcel Nos. 2750, 2900, 2850, 2800, 3050, 2950 and 3000; Lots C, D, E, F, J, K, L, N, 0, P, Q, R, S, T and V, Registered Land Survey No. 57. Gerald S. and Kathryn Mechelke: Lot A, Registered Land Survey No. 57. Stillwater Aerie 194 Fraternal Order of Eagles: Lots B and i, Registered Land Survey No. 57. Gardner J. and Sally Thomas: Lot G, Registered Land Survey No. 57. Gerald A. and Mary Schoenecker: Lots H, M and U, Registered Land Survey No. 57. David Brandt and Heritage Development, Inc.: The South One-half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, including therein the plat of Cleveland Terrace; Lots 1 through 7, inclusive, Block 1 , Cleveland Terrace; Lots 9 and 10, Block 1 , Cleveland Terrace; Lots 1 , 3, 4, 5, 6, 7, 8, 9, 10, 11 , 12, 13 and 14, Block 2, Cleveland Terrace; Lots 1 , 2, 4, 5, 7 and 8, Block 3, Cleveland Terrace. Timothy A. and Christina S. Hendrickson and Heritage Development. inc. : Lot 2, Block 2, Cleveland Terrace. Patricia M. Peterson and Heritage Development, Inc.: Lot 3, Block 3, Cleveland Terrace. Lancer Stores. Inc, and Heritage Development, Inc. : Lot 8, Block 1 , Cleveland Terrace. Northern States Power Company: Commencing at the Southeast corner of the Northeast Quarter of Section 5, Township 29, Range 20, thence West along the South line of said Northeast Quarter for a distance of 133 feet to the most southerly Southeast corner of Lot 1 , Block 3, • -3- 1111 Cleveland Terrace; thence North on the easterly line of said Lot 1 , Block 3, Cleveland Terrace for a distance of 100 feet; thence East on the South line of said Lot 1 a distance of 133 feet to a point due North of the point of beginning; thence South 100 feet, more or less, to the point of beginning. All of the above lying and being in the Town of Baytown, Washington County, Minnesota. After all testimony is complete and the record is closed, the Board will meet from time to time to deliberate, approve and issue its findings and order. Persons desiring to be present at such meetings or conference call meetings should contact the Board Office. Dated this 10th day of March, 1988. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul , Minnesota 55101 ;e( Patricia D. Lundy Assistant Director A-4443 Oak Park Heights • BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Shirley J. Mihelich Chair John W. Carey Vice Chair Kenneth F. Sette Commissioner County Commissioner Ex-Officio Member County Commissioner Ex-Officio Member IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND TO ) NOTICE OF HEARING 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 18th day of April , 1988 in the Council Chambers of the Oak Park Heights City Hall , 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, (612) 297-3000.] The property proposed for annexation is described as follows: McCormack Furniture Co. : That part of the Northwest Quarter of Section 5, Township 29, Range 20, described as follows: Commencing at the Northwest corner of the Northwest Quarter; thence West along the North line of said Section 5 for 359.7 feet to the point of beginning of this description; thence South and parallel with the • S -2- East line of said quarter section a distance of 375 feet to a point; thence West and parallel with the North line of said quarter section 150 feet; thence North and parallel with said East line of said Northwest Quarter for a distance of 375 feet to the North line of said section and East along said section line a distance of 150 feet, more or less, to the point of beginning. Elmer Haase: The East 399.73 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 29, Range 20, except that P lying being part I in and bein within R.L.S. No. 57; The Southeast Quarter of the Northwest Quarter of Section 5, Township 29, Range 20; the Northwest Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within R.L.S. No. 57; The Southwest Quarter of the Northeast Quarter of Section 5, Township 29, Range 20; The North One-half of the Southeast Quarter of the Northeast Quarter, except Parcel Nos. 2350, 2450 and 2400; The Northeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within the City of Oak Park Heights, and except Parcel Nos. 2750, 2900, 2850, 2800, 3050, 2950 and 3000; Lots C, D, E, F, J, K, L, N, 0, P, Q, R, S, T and V, Registered Land Survey No. 57. Gerald S. and Kathryn Mechelke: Lot A, Registered Land Survey No. 57. Stillwater Aerie #94 Fraternal Order of Eagles: Lots B and I , Registered Land Survey No. 57. Gardner J. and Sadly Thomas: Lot G, Registered Land Survey No. 57. Gerald A. and Mary Schoenecker: Lots H, M and U, Registered Land Survey No. 57. David Brandt and Heritage Development. Inc.: The South One-half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, including therein the plat of Cleveland Terrace; Lots 1 through 7, inclusive, Block 1 , Cleveland Terrace; Lots 9 and 10, Block 1 , Cleveland Terrace; Lots 1 , 3, 4, 5, 6, 7, 8, 9, 10, 11 , 12, 13 and 14, Block 2, Cleveland Terrace; Lots 1 , 2, 4, 5, 7 and 8, Block 3, Cleveland Terrace. Timothy A. and Christina S. Hendrickson and Heritage Development, Inc. : Lot 2, Block 2, Cleveland Terrace. Patricia M. Peterson and Heritage Development. Inc.: Lot 3, Block 3, Cleveland Terrace. Lancer Stores, Inc. and Heritage Development. Inc. : Lot 8, Block 1 , Cleveland Terrace. Northern States Power Company: Commencing at the Southeast corner of the Northeast Quarter of Section 5, Township 29, Range 20, thence West along the South line of said Northeast Quarter for a distance of 133 feet to the most southerly Southeast corner of Lot 1 , Block 3, -3- • Cleveland Terrace; thence North on the easterly line of said Lot 1 , Block 3, Cleveland Terrace for a distance of 100 feet; thence East on the South line of said Lot 1 a distance of 133 feet to a point due North of the point of beginning; thence South 100 feet, more or less, to the point of beginning. All of the above lying and being in the Town of Baytown, Washington County, Minnesota. After all testimony is complete and the record is closed, the Board will meet from time to time to deliberate, approve and issue its findings and order. Persons desiring to be present at such meetings or conference call meetings should contact the Board Office. Dated this 10th day of March, 1988. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul , Minnesota 55101 ,LIZ 217 Patricia D. Lundy Assistant Director • LAW OFFICES OF ECKBERG LAMMERS BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P.O.BOX C STILLWATER.MINNESOTA 55082 (6121 439-2878 LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS PAUL A.WOLFF April 8 , 1988 MARK J.VIERLING JAM ES I.MOBERG VICKI L.GIFFORD Mr . David Licht Northwest Associated Consultants Incorporated 4601 Excelsior Boulevard - Suite 410 Minneapolis, Minnesota 55416 Mr . Otto G. Bonestroo Bonestroo , Rosene, Anderlik & Associates, Inc . 2335 West Trunk Highway 36 St . Paul , Minnesota 55113 Re : Oak Park Heights annexation - A4443 Baytown township Dear Dave and Otto : Enclosed is a copy of a letter I received this morning addressed to the Minnesota Municipal Board from the Metropolitan Council . I am concerned about the sewer capacity, and would appreciate your respective comments regarding the same. You v- 'y rul , -- Ly e J Eckberg LJE:ks Enclosure c : La Vonne Wilson (w/enc) ill III LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P 0.BOX C STILLWATER.MINNESOTA 55082 (612)439-2878 LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS PAUL A.WOLFF April 11, 1988 MARK J.VIERLING JAMES I. MOBERG VICKI L.GIFFORD Minnesota Municipal Board 165 Metro Square Building 121 East Seventh Street St. Paul, Minnesota 55101 Re : A-4443 Oak Park Heights Gentlemen: Enclosed herewith is the Affidavit of Publication in regard to the above matter . If there should be any questions , do not hesitate to contact us . Y rs very r'.1/y, (( , . Lyle J. Eckberg LJE:ks Enclosure c : La Vonne Wilson (w/enc) • • • Metropolitan Council of the Twin Cities Area 300 Metro Square Building, 7th and Robert Streets St. Paul, Minnesota 55101 Tel. 612 291-6359/TDD 291-0904 DATE: April 5, 1988 TO: Minnesota Municipal Board FROM: Robert Overby, Metropolitan Council Staff SUBJECT: Information Submission Minnesota Municipal Board Annexation of Land to the City of Oak Park Heights BACKGROUND In accord with the Memorandum of Understanding agreed to by the Metropolitan Council and the Minnesota Municipal Board (MMB) on June 28, 1983, Council staff prepares an information submission for any MMB hearing within the Metropolitan Area. The information submission presents demographic, land use, environmental and utility information for the jurisdictions involved in the hearing. Most of the information provided comes from the local comprehensive plans , Council policy plans and Metropolitan Development and Investment Framework forecasts. I. DEMOGRAPHIC CHARACTERISTICS Oak Park Heights Council Forecasts 1970 1980 1990 2000 Population 1,256* 2,591* 3,800 3,900 Households 377* 868* 1 ,300 1,400 Employment 508* 2, 180 2,500 3,000 * Census Data Baytown Township Council Forecasts 1970 1980 1990 2000 Population 723* 851* 1 ,000 1 ,100 Households 188* 237* 300 350 Employment -- 168** 100 100 * C ens :s Data ** Special count of employment by Baytown Twp., 1978 II. GEOGRAPHIC FEATURES A. Total Acreage Oak Park Heights = 1 ,142 acres Baytown Township = 6,500 acres (1982) • 2 B. Soils and Terrain The Baytown Township Comprehensive Plan identifies the area in which the proposed annexation is located as generally flat to gently rolling land in the central portion, with areas of steep slopes, ridges and hills in the eastern and western portions. There is a mixture of soil types, with prime agricultural soils located in the eastern one-half of the area and non-agricultural soils in the western portion. There are two areas that contain wet soils and high water tables , these being located in the northeast corner and south-central pats of the area to be annexed. The soil suitability for on-site septic s y.:;.ems is described as slight or moderate in the western one-half of the arr:, and severe in the eastern portion. This should not be a problem if the area is serviced by the Oak Park Heights sanitary sewer system. III.LAND USE A. Area Proposed for Annexation The current land use of the area proposed for annexation is as follows: - commercial furniture business in the far northwest corner, along Highway 36; - a platted subdivision (about 10 acres) directly east of the furniture store site; - a platted residential subdivision (about 20 acres) in the southeast corner of the area; - an auto salvage yard is shown in the 1981 Baytown Comprehensive Plan as being located in the north-central part of the area; and - undeveloped agricultural land or open space in th e remainder. The Baytown Township Comprehensive Plan proposes commercial land uses along the entire northern frontage with Highway 36 and extending 0.25 miles south; low-density residential land uses in the eastern one-third of the remainder of the area; and agricultural land uses in the western two-thirds of the remaining area to be annexed. The Oak Park Heights Comprehensive Plan includes a discussion of annexation as part of its proposed land use plan. The plan for contiguous future land uses proposes a strip of "mixed use" to be located along the Highway 36 - corridor (this would be along the northern edge of the area to be annexed), and proposes "urban residential" in the balance of the area proposed fcr annexation (up to one-half mile west of Oakgreen Avenue) . 3 • • b. Building Activity in the City and Township 1 . Residential Building Permits Oak Park Heights 1986 1 SF 4 DU Orr 16 TH O MH 1985 2 SF 0 DU 119 MF 0 TH 0 Tai 1984 2 SF 0 DU 0 MF 32 TH 0 iii 1923 1 SF 8 DU 0 MF 6 TH _. 0 EH 1922 6SF ODU 0VS 0TH OMH 1981 4'SF 0 DU 4 MF 0TH 0 NLH Ea vt own 19,36 9 SF 0 DU 0 MF 0TH 0 MH .1985 13 SF 0 DU 0 MF 0 TH 0 NH 1984 4 S 0DU 0 F 0TH 0MH 1983 11 SF 0 DU 0 MF 0 TH 0 PE 1982 2 SF 0 DU 0 MF 0 TH 0 M.H 1981 ' 1 SF 0 D 0 MF 0 TH 0 FE 2. Commercial and Industrial Permit Valuation Oak Park Heights Baytown Commercial Commercial 1986 $ 0 1986 $ 0 1985 $ 404,000 1985 $ 100,000 1984 $ 344,000 1984 $ 0 1983 $ 411,000 1983 $ 0 1982 $ 0 1982 $ 0 1981 $ 68,000 1981 $ 0 Industrial Industrial 1986 $ 0 1986 $ 0 1385 $ 0 1985 $ 0 1984 $ 60,000 1984 $ 40,000 1983 $ 157,000 . 1983 $ 0 ' 1=82 $ 0 1982 $ 0 1981 $ 0 1981 $ 0 IV. TRANSPCRTATICN The site proposed for annexation is located immediately adjacent to the south side of Trunk Highway 36 and extends from one-half to three-fourths mile west of Oakgreen Avenue. The area extends south from Highway 36 for one half mile, except for west cf the intersection of Washington Avenue where the first one-quarter mile is not included, but then extends from one-quarter to one-half mile south. Described legally, the area for annexation is most of the northeast quarter of section 5 and the southeast quarter of the northwest quarter of section 5, Baytown Township. 4 • The Baytown Township Comprehensive Plan identifies Highway 36 as an intermediate arterial; Oakgreen Avenue as a collector road; and 56th Street, 55th Street and Novak Avenue as local roads. No problems were identified with the regional highway system as a result of the proposed annexation. V. SEWERS • Oak Park Heights Oak Park Heights had a 1987 sewer flow of .353 mgd and has a planned 1990 sewer flow of .426 mgd, based on the city's 1980 Comprehensive Sewer Policy Plan. Sewage from Oak Park Heights is treated at the Stillwater treatment plant. There is sufficient treatment capacity to handle the proposed additional:_ sewer service area at this time and in the near future, with the planned improvements to the Stillwater plant. However, there is a discrepancy 7between the projected 1990 sewage flow of .426 million gallons per day (mgd) in the Oak Park Heights Comprehensive Sewer Policy Plan and the Council's proposed 1990 treatment capacity allocation of .386 mgd, as noted in the February 1988 draft Water Resources Management Wastewater Treatment and Handling Policy Plan. The city of Oak Park Heights may comment on the sewage treatment allocation data in the Council's draft policy plan, as part of the formal public hearing and comment period; or the city may present information as part of a future comprehensive sewer policy plan amendment to demonstrate why the 1990 (and 2000 and 2010) allocations should be changed to reflect the growth that is planned for Oak Park Heights. Also, the city of Oak Park Heights will have to submit to the Council: 1 ) an amendment to its Comprehensive Plan changing its 1990 Urban Service Area limits to include the area proposed for annexation; and 2) prepare an amendment to its Comprehensive Sewer Plan describing the timing and staging of sewer service to the area. Both amendments must be approved by the Council before sewer service can be provided to the,annexed area. VI. ENVIRO !'F'NTAL ISSUES As noted above, there are areas of the land parcel proposed for annexation that have soil types or high water conditions that could pose problems for on-site sanitary sewer systems. No environmental problems were raised by staff in regard to the servicing of the land area by sanitary sewers. VII.STA:TUS CF COUNCIL ACTION A. Plan Reviews Council review of the Oak Park Heights Comprehensive Plan was completed on May 14, 1981 . Council review of the Baytown Comprehensive Plan was completed on August 12, 1982. The Council has not received a plan amendment for the proposed annexation. 5 r • B. Consistency with Local and Regional Plans 1 . Local Plans The Oak Park Heights Comprehensive Plan includes the area proposed for annexation as an area that is planned for future annexation and for sewer service. However, the city does not include this area in its 1990 urban service area. The city would have to submit a plan—amend- ment to the Council to create a new year 2000 urban service area boundary, and must receive Council approval of the plan amendment before sewer service is 'extended to the annexed area. The city's comprehensive sewer policy plan would also have to be amended. The Baytown Township Comprehensive Plan shows this area as remaining in the township to 1990, and plans to serve this area with on-site septic systems. 2. Regional Plans The city of Oak Park Heights is part of the Stillwater_ Freestanding Growth Center. A freestanding growth center is a larger urban center that is located within the rural portion of the seven-county Metro- politan Area. In the 1986 Metropolitan Development and Investment Framework (MDIF), freestanding growth centers are described as follows: "The Council considers the freestanding growth centers as detached portions of the metropolitan urban service area and as areas that are intended to accommodate regional population and em plopyment growth that might otherwise occur in unserviced areas. Where additional land is needed to accomodate growth, the community should extend municipal municipal services in a staged, contiguous manner, consistent with their ability to provide such services . Annexation through an orderly annexation agreement is the preferred alternative, when the additional land is in an unincorporated area." The Council's policy "supports urban-density residential , commercial and industrial development in freestanding growth centers" and "will make investments in metropolitan systems serving freestanding growth centers based on the fully developed and developing area policies, as applicable" . Appendix B of the 1986 M.DF includes principles and procedures that the Council will use in reviewing a request by a local government for a change in its local urban service area. (a) Increasing the size of an urban service area: "The Council will not agree to expand a local urban service area unless there is demonstrated regional need and adequate capacity available in the metropolitan sewer and highway systems. If the local land supply is below or approaching the five-year overage and regional facilities are adequate, the Council will agree to a service area expansion. The local government then • 6 410 completes a comprehensive plan amendment incorporating the change.“ • When submitting a comprehensive plan amendment, Oak. Park Heights must address whether the amount of vacant, developable land in the city is less than a five year supply adequate to meet growth needs . If the amount of land is less than a five-year supply, then Council_policy would support the annexation as proposed. Data from 1980 at the Council indicates that there were two parcels of vacant or undeveloped land in Oak Park Heights that totalled about 130 acres. The two parcels are located in the northwestern part of the city and south of Highway 36. Score of the 130 acres has been developed since 1980. The Council will work with the city to verify how much of the 130 acres remains available for development. (b) Changing the configuration of an urban service area: If there is more than a five year supply of land, the Council policy would be to "consider land-trade proposals involving vacant, developable land adjacent to the urban service area, provic:ed metropolitan systems are not adversely affected". If there is a five-year or greater supply of vacant, developable land, then Council policy would indicate that a trade of land in the existing local urban service area be considered in order to offset the 195 acres to be annexed. —7 While the sewer flow capacity exists to service the area proposed for annexation, the city of Oak-Park Heights must submit a plan amendment to the Council before sewer service for the area can be approved. The city must also amend its71990 urban service area limits and prepare an amendment to its Comprehensive sewer policy plan to describe the timing and staging of sewer service to the proposed annexation area. R0009 • • 0ta O Metropolitan Council ti - - si� 300 Metro Square Building p Seventh and Robert Streets "• St. Paul, Minnesota 55101 •y Telephone (612) 291-6359 21V/tv C1111.- April 6, 1988 Patricia Lundy Assistant Director Q Minnesota Municipal Board 165 Metro Square Building Saint Paul, MN 55101 RE: A-4443 Oak Park Heights Dear Ms. Lundy: In accord with a June, 1983 Memorandum of Understanding agreed to by the Metropolitan Council and the Minnesota Municipal Board (1B), the Council has prepared an information submission for the proposed annexation of appro)d.matel y 195 acres of land, located west of Oakgreen Avenue and south of Trunk Highway 36, in Baytown Township. As noted in the report, the Council's primary concern is with the provision of sanitary sewer service to the land parcel. If you need additional information, please contact Robert Overby at 291-6381 . Sincerely, 5 Steve Keefe Chair Attachment cc: Parties of Record Robert Overby RO An Equal Opportunity Employer a I PLEASE CROSA OUT ANY AREWTHAT CANNOT BE STIPULATED AND RE ANY ATTACHMENTS NECESSARY. t,, To: Minnesota Municipal Board 165 Metro Square Building St. Paul , Minnesota 55101 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, Subd. 4 to wit: [The term "subject area" referred to herein means the area that is proposed for annexation.] (a) Present population, past population growth and projected population of the property proposed for annexation and the annexing municipality: I I I Projected in I Source 1 1970 1980 I Current I Five Years I of Data Present City 1 I I I I Present Town I 1 I I i Subject Area I I I 1 I I (b) Geographic Features: I Present I Present I Subject 1 . 1 City I Town I Area I_ Total Acreage 1 I I I 2. Describe any waterways in or adjacent to the subject area: (rivers, streams, shorelands, protected water, protection wetlands) 3. Describe the soils and terrain in the subject area: (c) Contiguity: 1 . The perimeter of the subject area is approximately % bordered by the municipality. (d) Present pattern of physical development of the subject area and city: 1 . There are the following land uses: (Please fill in acreages or percentages if available instead of yes or no. ) i City I Township I Subject Area I yes I no I yes I no I yes I no Residential I I I I 1 i Institutional 1 I I 1 I I (tax exempt) i I I I 1 I Commercial I I I I I I Industrial 1 1 I I 1 I :. Vacant Lands 1 1 1 1 1 i • -2- • 2. What type of development is proposed for the annexation area? 3. The present transportation network: i Highways, Streets I Number of fillies of I and Roads Present City I I Present Town i I Subject Area i I 4. Are any transportation changes planned in the subject area? yes _ _ no , in the city? yes no (e) Land Use Controls and Planning: 1 . Comprehensive Plan: I Adoption Date & I I Status of Plan I No Existing Plan City I I Township I County I j Region I i 2. Have any area planning authorities adopted an official position on the proposed boundary adjustment? (planning commissions, boards, joint boards, Met Council, State Planning Agency, region, county) Yes No Supportive Non-Supportive If yes, describe: 3. 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 the subject area. ) City: ITownship: l County: I Date Adopted I Yes! No I Yes No I Yes] No ( City I Town I County Zoning Subdivision Regulations I I I I I I I I Official I I I I I I I I Map Capital Improve- I I I I I I I I ments Program & I I I I I I I I Budgets Fire I I I I I I I I Code I I I I I I I I Shoreland I I I I I I I I Ordinance Floodplain Ordinance Wild & Scenic I I I I I I I I Rivers Ordinance I I I I I I I I Sanitation Ordin- ance (on-site I I I I I I I I sewage treatment) I I I I I j I I • •-3- 4. What is the current zoning of the subject area? 5. What do you anticipate the zoning will be if this annexation is approved? 6. Is the subject area, or any portion thereof in Green Acres (M.S. 273.111 )? Yes No 7. Has the city adopted Urban/Rural Taxing Districts (M.S. 272.67)? Yes No (f) Present governmental services being provided in the annexing municipality and the property proposed for annexation: ICity Pro-ICity will Township 'Township City Pro-Ivides to (provide provides (provides vides to I Subject Ito Sub- to Town- Ito Sub- City: I Area: Iject Area ship Iject Area Yesi No J Yes No I Yesi No Yes' No I Yes No I I I I I I * Water I J ) I I 1 I ** Sanitary Sewer I I I I I I I & Waste Water I I I I I I I Treatment I I I I I I I Storm i I I I I I Sewer I J I I I I Solid Waste I I I I I I Collection ! I I I I I & Disposal I I 1 I I 1 Fire I I I I I I Protection I I 1 I I 1 Police i I i I I I Protection 1 I I 1 I I Street I I I I I I Improvements i 1 1 1 I 1 L Street I I I I I I Maintenance L I J 1 I 1 Administrative I I I I I I Services I 1 I i 1 1 I I I I Recreational I J 1 I I 1 L I I I I I I Other I I I I J I 1 1 * 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? (g) Describe any existing or potential environmental problems and the need for additional services to resolve these problems: (Example: ground or surface water problems, water quality and levels, sewage treatment, air • -4- • pollutant emissions, noise, odors, affect on fish or wildlife; affect on historical resources, archaeological resources, aesthetic resources; impairment of park lands, prime farmlands, wild and scenic rivers, critical area; abandoned dump or disposal site, etc. ) (h) Plans and programs by the annexing municipality for providing needed governmental services to the property proposed for annexation: ( i) Fiscal Data: I Trend over last Present I Present I Subject I three years: Classification: City: I Township: I Area: I (e.g. increasing, Year 1 Year: I Year: (decreasing, stable). Assessed I I I Valuation I I I Mill Rate: County I I 1 Local Unit I I of Gov't. I I School I I District I l Special I I Taxing Dist. I I Insurance I I Rating (fire) I I Levy I i Limit I I Actual I I Current Levy I I Total Bonded I I Indebtedness I I (j) Would the proposed action affect area school districts or adjacent communities? Yes No (k) Are new services necessary for subject area? Yes No Does township have capacity to provide? Yes No ( I ) Could necessary governmental services best be provided by incorporating or annexation to an adjacent municipality to township? Yes No • -5- • (m) If only a portion of the township is annexed: 1 . Does the remainder of the township have the ability to remain as is? Yes No 2. Should the remainder be annexed to another city? Yes No 3. Should the remainder be annexed to another township? Yes No STIPULATED TO BY: City of , this day of , 19 . Mayor City Clerk STIPULATED TO BY: Town of , this day of , 19 Chair Town Clerk 8/86 • DATA RESOURCPS • 1. Population: (Twin Cities Metro Area Metropolitan Council State Demographer 300 Metro Square Building 200 Capitol Square Building 7th & Robert Streets 550 Cedar Street St. Paul, Minnesota 55101 St. Paul, Minnesota 55101 (612) 291-6464 (612) 296-2557 2. Geographic Features: County Soil and Water Conservation Office University of Minnesota Department of Agriculture Planning Information Center Agricultural Extension Office Soil and Water Conservation Board LL 65, Metro Square Building 490 Coffey Hall 90 West Plato Boulevard 7th & Robert Streets 1420 Eckles Avenue St. Paul, Minnesota 55107 St. Paul, Minnesota 55101 St. Paul, Minnesota 55108 (612) 296-3767 (612) 296-1211 (612) 625-1915 3. Land Use: Affected City, Township, and County Offices and Planning Department Metropolitan Council Planning Information Center 300 Metro Square Building LL 65, Metro Square Building 7th & Robert Streets 7th & Robert Streets St. Paul, Minnesota 55101 St. Paul, Minnesota 55101 (512) 291-6464 (612) 296-1211 4. Transportation: Local City and Township Offices Minnesota Department of Transportation Transportation Building County Engineer John Ireland Boulevard St. Paul, Minnesota 55155 (612) 297-1177 5. Environmental Local City, Township, and County Offices MN Pollution Control Agency Minnesota Department of Health Planning Information Center 1935 West County Road 82 717 Deleware Street, Southeast LL 65, Metro Square Building Roseville, Minnesota 55113 Minneapolis, Minnesota 55440 7th & Robert Streets (612) 296-7373 (612) 623-5665 St. Paul, Minnesota 55101 (612) 296-1211 6. Planning County Zoning Administrator State Planning Agency Metropolitan Coucil 100 Capitol Square Building 300 Metro Square Building Pegional Development Commissions 550 Cedar Street 7th & Robert Streets St. Paul, Minnesota 55101 St. Paul, Minnesota 55101 Local Planning Board & Commissions (612) 296-3985 (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 State Plannin 9 Agency,ency, 101 Capitol Square Building, 550 Cedar Street, St. Paul, Minnesota 55101 (612) 296-3985. Useful publications are available from the League of Minnesota Cities, 183 University Avenue, East, St. Paul, Minnesota 55101 (612) 227-5600: :..... .. • ... • „ ,,. • . _ , Consolidation of Cities, and A Guide for New Cities. it PLEASE CROSS OUT ANY ARE•THAT CANNOT BE STIPULATED AND •E ANY ATTACH NECESSARY. c Z To: Minnesota Municipal Board P ar 165 Metro Square Building St. Paul , Minnesota 55101 1/ y F30 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, Subd. 4 to wit: [The term "subject area" referred to herein means the area that is proposed for annexation.] (a) Present population, past population growth and projected population of -j the property proposed for annexation and the annexing municipality: 1 I I I Projected in I Source I 1 1970 I 1980 j Current I Five Years J of Data I Present City i i L I 1 Present Town I J I I I I Subject Area j i L i I I (b) Geographic Features: I Present I Present I Subject I 1 . j City i Town I Area I_ Total Acreage j 1 I 2. Describe any waterways in or adjacent to the subject area: (rivers, streams, shorelands, protected water, protection wetlands) 3. Describe the soils and terrain in the subject area: (c) Contiguity: 1. The perimeter of the subject area is approximately % bordered by the municipality. (d) Present pattern of physical development of the subject area and city: 1 . There are the following land uses: (Please fill in acreages or percentages if available instead of yes or no. ) I CIty Township j Subject Area _ 1 yes I no yes j no 1 yes I no Residential I I I I 1 institutional i i I I I (tax exempt) 1 I i i I Commercial 1 I I 1 i Industrial I 1 I I i Agricultural L 1 I I I Vacant Lands I i I j I • • • -2- 2. What type of development is proposed for the annexation area? 3. The p resent transportation network: I Highways, Streets 1 Number of miles of: I and Roads I Present City I I Present Town I I Subject Area i ( E 4. Are any transportation changes planned in the subject area? yes no _ , in the city? yes no i (e) ) Land Use Controls and Planning: 1 . Comprehensive Plan: i Adoption Date & i Status of Plan I No Existing Plan City 1 1 Township I I County I Region I I 2. Have any area planning authorities adopted an official position on the proposed boundary adjustment? (planning commissions, boards, joint boards, Met Council, State Planning Agency, region, county) Yes No Supportive Non-Supportive if yes, describe: 3. 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 the subject area. ) I City: ITownship: I County: I Date Adopted L Yest No J Yes! No i Yes I No j City L Town I County I I I I I I I Zoning I J I I ( 1 1 1 1 Subdivision I I i I I I I I I Regulations I I 1 1 I J 1 1 I Official I I I I I I I 1 I Map 1 1 L i I 1 1 1 J �,z), Capital Improve- I i I I I I I 1 ments Program & i I I i i I I I Budgets 1 I I I I i I Code IC's i I I I I Shoreland 2 I I i I I I I I Ordinance ‘ I I 1 I I 1 I 1 Floodplain I I I I I I I I Ordinance I I I 1 ( 1 i I i Wild & Scenic i I I I I I I i i Rivers Ordinance I 1 1 1 i 1 1 1 _ 1 Sanitation Ordin- I I I I I I i I I ance (on-site I I I I I i I I I sewage treatment) I 1 I I ( I I 1 J . • •-3- 4. What is the current zoning of the subject area? 5. What do you anticipate the zoning will be if this annexation is approved? 6. is the subject area, or any portion thereof in Green Acres (M.S. 273.111 )? Yes No 7. Has the city adopted Urban/Rural Taxing Districts (M.S. 272.67)? Yes No / (T)Present governmental services being P rovided in the annexing municipality and the property proposed for annexation: 1 (City Pro-ICity will Township Township 'City Pro-Ivides I y ro Ivides to (provide provides provides vide - i s to I Subject Ito Sub- to Town- to Sub- ICity: I Area: Iject AreaLship Ject Area i Yes? No 1 Yes No I Yes? No Yesl No Yesl No * Water 1 1 I 1 I 1 ** Sanitary Sewer I I I I I I & Waste Water I I I I I I I Treatment I 1 I I I 1 I Storm Sewer 1 1 1 1 1 J 1 Solid Waste i I I 1 I I Collection I 1 I I i I i 8 Disposal J I I 1 ' I J Fire Protection j I 1 1 I I J I i Prrotection I I I 1 I I 1 ? Street 1 Improvements 1 I I I I J I j Street 1.1a i ntenance I I 1 I 1 1 I I Administrative i I 1 I I I Services 11 1 1 I 1 I I Recreational j I 1 1 i i J I i Other I I I I I I J I I * 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? (g) Describe any existing or potential environmental problems and the need for additional services to resolve these problems: (Example: ground or surface water problems, water quality and levels, sewage treatment, air • -4- S . pollutant emissions, noise, odors, affect on fish or wildlife; affect on historical resources, archaeological resources, aesthetic resources; \,. impairment of park lands, prime farmlands, wild and scenic rivers, critical area; abandoned dump or disposal site, etc. ) (h) Plans and programs by the annexing municipality for providing needed governmental services to the property proposed for annexation: ( I) Fiscal Data: I I I I Trend over last 1 Present ( Present I Subject I three years: Classification: 1 City: ( Township: I Area: ( (e.g. increasing, I Year2.87 I Year: l Year: jdecreasing, stable). Assessed II i Valuation I629 .2.211 1 Mill Rate: 1 ' I I I County 1 -'16 7 1 I I Local Unit 1 i of Gov't. l _17,03`f 1 l School 1 I District I x(.4/67 T c-i---9+s-t. i ,70 Insurance i ,� 1 Rating (fire) I 7/ 1 J Limit 13`)(7,/k/S I Actual I I Current Levy I g ; l,o CC U l 1 Total Bonded 1 ,, I I indebtedness 1l, S UUd 1 ) 1 (J) Would the proposed action affect area school districts or adjacent communities? Yes No (k) Are new services necessary for subject area? Yes No Does township have capacity to provide? Yes No Cl ) Could necessary governmental services best be provided by incorporating ` or annexation to an adjacent municipality to township? Yes No • -5- • (m) If only a portion of the township is annexed: 1 . Does the remainder of the township have the ability to remain as Is? Yes No 2. Should the remainder be annexed to another city? Yes No 3. Should the remainder be annexed to another township? Yes No STIPULATED TO BY: City of , this day of , 19 . Mayor City Clerk STIPULATED TO BY: Town of , this day of , 19 Chair Town Clerk 8/86 • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P. O. BOX C STILLWATER, MINNESOTA 55082 1612) 439-2878 LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G. BRIGGS March 23, 1988 PAUL A.WOLFF MARK J.VIERLING JAMES I. MOBERG VICKI L.GIFFORD Mr . David Licht Northwest Associated Consultant: Incorporated 4601 Excelsior Boulevard - Suite 410 Minneapolis, Minnesota 55416 Re : Oak Park Heights annexation - A4443 Your File No. 798. 02 - 88. 05 -- �° Dear Dave: You are aware of the fact that the hearing on the annexation of certain lands in the Town of Baytown to the City of Oak Park Heights is scheduled for April 18, 1988, at 9: 30 a.m. at the Oak Park Heights City Hall . We will need you to testify at said hearing . We have contacted Mr . Bonestroo' s office, the City Engineer , and requested them to provide us with considerable information and prepare the necessary maps . We would like to have you testify as to the present pattern of physical development of the property proposed for annexation and the annexing municipality, including residential , industrial , commercial , agricultural and institutional land uses; the present transportation network and potential transportation issues, including proposed highway development. Your further testimony would be required as to land use controls and planning presently being utilized in the annexing municipality and the property proposed for annexation, including comprehensive plans for development in the area and plans and policies of the Metropolitan Council ; if there is an inconsistency between the proposed development and the land use planning ordinance in force, the reason for the inconsistency. We will also need from you the present population, past population growth and projected population of the property proposed for annexation and the annexing municipality. I believe there are only four residences in the area to be annexed ; we will verify the same. • Mr . David Licht March 23, 1988 Page 2 It is suggested that, if possible, you get these items together as soon as possible so that we can meet sometime prior to the hearing , preferably no later than April 10th. It may be well for us to meet at Mr. Bonestroo' s office. If there should be any questions , do not hesitate to contact me. Yours very truly, Lyle J. Eckberg LJE:ks c : La Vonne Wilson , J - • • VC/V 3 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P. 0. BOX C STILLWATER. MINNESOTA 55082 (612) 439-2878 LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS PAULA.WOLFF March 23, 1988 MARK J.VIERLING JAMES I.MOBERG VICKI L.GIFFORD Mr . Otto G. Bonestroo Bonestroo , Rosene , Anderlik & Associates, Inc , 2335 West Trunk Highway 36 St . Paul , Minnesota 55113 Re : City of Oak Park Heights - annexation Dear Otto: As you may be aware , a number of property owners in the Town of Baytown have petitioned for annexation to the City of Oak Park Heights . In fact , a portion of the property is under option to Gardner Bros . , who will be requesting sewer , water and street improvements if the annexation is approved . We would request that you, or one of your distinguished associates , gather some information for us and be prepared to testify at the hearing which is set for April 18, 1988 , at 9:30 a .m. at the Oak Park Heights City Hall . We are enclosing a map of the area which is the subject of the annexation and also a copy of the Petition . We will obtain a map of Cleveland Terrace, as a copy of all plats in the area must be submitted. We will also need an updated corporate boundary map of the City of Oak Park Heights showing the present boundaries and the area proposed for annexation. We quote Minnesota Municipal Board rule 6000 . 0800 (c) which provides : "A map showing the property proposed for consideration and its relationship to any surrounding municipality. All distance references should be given by length. Beginning points should be land survey monuments and the description must close the boundaries. References to roads or railroads should be to survey lines such as centerline or known right-of-way line. The intent to include or exclude highway, railroad , and street right-of-ways surrounding platted blocks or lots should be clearly stated . " An item of concern is that the Town of Baytown has alleged that the City of Oak Park Heights does not have sufficient sewer capacity available to serve this area. It is my 0 • • Mr . Otto G. Bonestroo March 23, 1988 Page 2 understanding that we have sufficient capacity to serve this area. Is this true? If not, why not? Also, how would the area be served by the water system; would a new water tower be required? We will also need a statement as to the natural terrain , including general topography, major watersheds, soil conditions and such natural features as rivers, lakes and major bluffs , swamps , etc . Testimony will also be required as tc the present governmental services being provided in the City of Oak Park Heights , and also what such services are available in the proposed annexation area. Also, existing or potential problems of environmental pollution and the need for additional services to resolve these problems . We would appreciate it if you would have someone in your office prepare the necessary information. We would like to meet with that person approximately ten days prior to the hearing . We would like to have the maps prepared as soon as possible , as we will have to submit them to the Minnesota Municipal Board prior to the hearing. Yours very truly, Lyle J. Eckberg LJE:ks Encs. c : La Vonne Wilson • " . . '-- northwest associated consultants, inc. MEMORANDUM TO: LaVonne Wilson FROM: Curtis Gutosk ' DATE: 21 March 1988 RE: Annexation Hearing A-4443 FILE NO:' 798.02 - 88.05 • In review of the legal description for the properties listed in the public hearing notice for Annexation #A-4443, an error has been found in the des- cription of the McCormack Furniture Company property. In the third line of the property description, it reads: ". . . At the northwest corner of the. Northwest Quarter;. . . " It should be revised to read: ". . . At the northeast corner of the Northwest Quarter;. . ." This section of the property description is highlighted in a copy of the public hearing notice which is attached. Without the correction, the legal describes a portion of property which would be located in Section 6 to the west. While it is probably generally understood which property the McCormack Furniture Company is located upon, the wording _of the legal description does make a significant difference in the actual property being described. If possible, it is suggested an amended public hearing notice he distributed which would incorporate the revised legal description. In review of the other legal descriptions, all have been found to be correct and accurate. If you have .any questions regarding the above, please do not hesitate to call . cc: Lyle Eckberg 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (61 2) 925-9420 • • A-4443 Oak Park Heights BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Shirley J. Mihelich Chair John W. Carey Vice Chair Kenneth F. Sette Commissioner County Commissioner Ex-Officio Member County Commissioner Ex-Officio Member IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND TO ) NOTICE OF HEARING 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 Council Chambers of the Oak Park Heights City Hall , Oak Park Heights, .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, (612) 297-3000.3 The property proposed for annexation is described as follows: McCormack Furniture Co. : That part of the Northwest Quarter of Section 5, Township 29, Range 20, described as follows: Commencing at the Northwest corner of the Northwest Quarter; thence West along the North line of said Section 5 for 359.7 feet to. the point of beginning this description; thence South and parallel with the a41(47 tiIJnayti-t T- • MEMORANDUM • TO: Lyle Eckberg David Licht : DATE: 21 March 1988 NORTHWEST ASSOCIATED CONSULTANTS RE: Oak Park Heights - Annexation - A4443 Incorporated FILE N O: 798.02 - 88.05 ;POnit0A001 ,44 0011 4110/471711 Mpis., Mn. 55416 612/925-9420 4601 Excelsior Blvd. Suite 410 LaVonne Wilson has provided us with background information on the annexation which is proposed to the westof the City, south of Highway 36. I am writing to inquire as to whether any involvement of our office is expected on this matter. If we are to be involved, I would appreciate at early notifica- tion as our work levels are presently quite heavy and I would like to be able to program this work as far in advance as possible. cc: n4 , • MAGNUSON N SON & DIEPERINK ATTORNEYS AT LAW THE GRAND GARAGE&GALLERY 324 SOUTH MAIN STREET STILLWATER, MINNESOTA 55082 (612)439-9464 Susan L.Thorn David T. Magnuson Administrative Assistant Ann L. Dieperink February 12, 1988 Lisa Gidlow Moriarty Legal Assistant Minnesota Municipal Board 165 Metro Square Building 7th and Robert Street St. Paul, MN 55101 In re: MMB Docket No. A-4443, Proposed Annexation to the City of Oak Park Heights Gentlemen: The Town Board of Baytown Township, Washington County, Minnesota, pursuant to a Resolution adopted by the town board on February 1, 1988 hereby objects to the proposed annexation of the following described property to the City of Oak Park Heights, on the grounds that the property is not or is not about to become urban or suburban, since the annexing municipality lacks sufficient sewer capacity to provide urban sewer services to the property, either now or in the foreseeable future. The legal description of the property and the property owners are attached to this objection as Exhibit A. Very truly yours, David T. nuson DTM/st Enclosures xc: Charlotte Kirby, Town Clerk for Baytown LaVonne Wilson, Oak Park Heights City Clerk I ' • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P. 0. BOX C STILLWATER, MINNESOTA 55082 16121 434-2878 LYLE J.ECKBERG JAMES F. LAMMERS ROBERT G.BRIGGS PAULA.WOLFF February 8 , 1988 MARK J.VIERLING JAMES I. MOBERG VICKI L.GIFFORO Mr . David T. Magnuson Town of Baytown Attorney Suite 203 324 South Main Street Stillwater , Minnesota 55082 Re: Oak Park Heights annexation Dear Dave: As you are aware , the City of Oak Park Heights is proposing to annex certain land now in the Town of Baytown. I spoke to you some time ago with reference to the possibility of entering into an agreement with the Town of Baytown in regard to the proposed annexation, which is now pending before the Minnesota Municipal Board. We feel that it would be advantageous to both parties to discuss this matter to determine if an amicable solution could be reached without the necessity of each party spending , no doubt, $10 ,000.00 plus for legal , planning and engineering fees for work that would have to be done before the hearing . As I understand , the Municipal Board would be willing to approve agreements such as the following : A. In order to alleviate the impact on the Township of loss of tax revenue due to annexation of township land to the City, the City shall reimburse to the Township monies in the amount equal to the most recent tax levy paid to the Township from such annexed land. This reimbursement to the Township shall continue for a period of three years, at which time it shall terminate completely. B. That in the case of annexation of developed property, the City agrees to compensate the townships for lost tax revenue over a five-year period to ease the financial adjustment burden on the remainder of the township. Cash payments will be made to the townships based on the assessed value of the annexed properties as of the Mfr . David T. Magnuson February 8 , 1988 Page 2 date of annexation as applied to the township' s mill rate for the year of payment, in accordance with the following schedule : Percent of Above Computed Year After Actual Tax to be Returned to the Annexation Townships 1 100% 2 80% 3 60% 4 40% 5 20% Payments are to be made semi-annually and within thirty days after receipt of revenues from the County Treasurer . We would be willing to meet with the Town Board or such individual ( s) designated by it to discuss this matter . May we hear from you at your early convenience. Yours very truly, Lyle J. Eckberg LJE: ks c : La Vonne Wilson t • • LAW OFFICES OF EGKBERG, LAMMERS, BRIGGS. WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P. O. BOX C STILLWATER. MINNESOTA 55082 (6121 439-2878 LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS PAUL A.WOLFF December 2, 1987 MARK J.VIERLING JAMES I.MOBERG - VICKI L.GIFFORD Minnesota Municipal Board 165 Metro Square Building 12.1 East Seventh Street St. Paul, Minnesota 55101 Re: MMB Docket No. A-4443 Oak Park Heights Heritage Development, et al Gentlemen: Enclosed for filing is a copy of the petition of Alvin J. and Elaine K. Krueger to annex land described therein to the City of Oak Park Heights. Also enclosed is the City' s check in the amount of $408.00 for the filing fee; we have computed the acreage to be 102 acres. Also enclosed is a map; we have outlined in yellow the area described in the Krueger petition, the same being immediately West of the area contained in the petition submitted to you on November 17, 1987, referenced above. In addition, we are enclosing herewith our Affidavit of Mailing to the contiguous municipalities. In the event this matter proceeds to a hearing , we assume that a motion should be made to consolidate the petitions for the purpose of the hearing, and will await your advice on this matter. We also assume that if there are no objections, the ordinance can be re ared to annex these lands to the City of Oak P P Park Heights. If there are any questions or suggestions you may have, or if anything further is required to be submitted, we would appreciate your advising us. We have today ordered from the City Engineer a map showing the area proposed for annexation as it relates to the City of Oak Park Heights . Yours very truly, Lyle J. Eckberg • LJE:ks Encs. !II AFFIDAVIT OF MAILING STATE OF MINNESOTA ) } ss . COUNTY OF WASHINGTON} Karen L. Stoltzmann, being first duly sworn on oath , deposes and says: that she is a resident of the City of Afton, Washington County, Minnesota; that on the 2nd day of December , 1987 , she mailed a copy of the attached Petition for the annexation of certain lands now located in the Town of Baytown to the City of Oak Park Heights, to the following named parties/agencies, by placing a true and correct copy thereof in a sealed envelope, postage -prepaid , and depositing the same in the U.S Mails at Stillwater, Minnesota, directed to each of them at their last known address , as stated below: Town of Baytown c/o Charlotte Kirby, Clerk 13131 40th Street North Stillwater , MN 55082 Mr, Russell Kirby, Chairman Town of Baytown Planning Commission 13131 40th Street North Stillwater , MN 55082 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Mr. Jerry Fontaine , Chairman City of Stillwater Planning Commission 1618 West Willard Street Stillwater, MN 55082 County of Washington Washington County Government Center • 14900 - 61st ` Street North Stillwater , MN 55082 Washington County Planning Department Washington County Government Center 14900 - 61st Street. North Stillwater, MN 55082 Town of Stillwater c/o Pat Bantli, Clerk P. O. Box 117 Stillwater, MN 55082 • Ilene Johnson, Clerk Town of Stillwater Planning Commission P. 0. Box 117 Stillwater , MN 55082 uKaren L. Stoltzmann Subscribed and sworn to before me this 2nd day of December , 1987 . is/ Lyle J. Eckberg Notary Public, Washington County, Minnesota Y1 J. EC'BERG tC7&EY e JBLUC MINABOTA 5 :+ 5-I NGTON COUr4fY MY COPP,1.FY.?fRES JUNE 3G, 1487 t; vwyvvww+r!v vvvvvvvv wiww,wia 2 • 111 IN THE MATTER OF THE PETITION OF THE PROPERTY OWNERS WITHIN THE TOWN OF BAYTOWN, AN UNINCORPORATED AREA, TO ANNEX SAID AREA TO THE CITY OF OAK PARK HEIGHTS, MINNESOTA PURSUANT TO M. S. 414 . 033 TO Minnesota Municipal Board 165 Metro Square Building St. Paul, Minnesota 55101 City of Oak Park Heights 14168 57th Street North Stillwater , Minnesota 55082 We, the undersigned, owners of the real estate described in Exhibit "A" attached hereto and made .a part hereof by reference , do hereby request to be annexed to the City of Oak Park Heights as we are in need of the city services and it appears that the land will be developed shortly. Said area contains approximately 102+ acres Dated this 23rd day of November, 1987 . 0,44./m/ / f . • i EXHIBIT "A" The Southwest Quarter of the Northwest Quarter (SW4 of NWT) of Section 5 , Township 29 , Range 20; and The North One-half of the Northwest Quarter of (Nk of NW-) of Section 5 , Township 29 , Range 20 , EXCEPT the East 21 rods 20 links thereof; AND EXCEPT the following , to-wit: Beginning at an iron monument set on the West line thereof at the intersection of the southerly right-of-way line of Minnesota State Highway 212 with said West line , and run thence South along said West line 528 feet to an iron monument set on said West line ; thence East on a line parallel to the North line thereof, 82. 5 feet to an iron monument; thence North on a line parallel to said West line 528 feet to an iron monument set at the intersection of said parallel line with said southerly right-of-way ' line of said highway; thence West along said right-of- way line of said highway 82 . 5 feet to the point of beginning; AND EXCEPT the following , to-wit: Commencing at the North quarter corner; thence West along the North line of said Section 5 , 21 rods 20 links, being 359 . 7 feet, to the point of beginning of this description; thence South and parallel with the North/South quarter line , 375 feet ; thence West and parallel with said North line 150 feet; thence North and parallel with said North/South quarter line, 375 feet to its intersection with the North line; thence East along the North line of said Section 5,` 150 feet to the point of beginning. All of the foregoing lying and being in Washington County, Minnesota. * * * * 111 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 18$5 NORTHWESTERN AVENUE P. O. BOX C STILLWATER. MINNESOTA 55082 (6121 439-2878 LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS PAUL A.WOLFF November 24 , 1987 MARK J.VIERLING JAMES I.MOBERG VICKI L.GIFFORD TO: Town of Baytown Town of Baytown Planning Commission City of Stillwater City of Stillwater Planning Commission County of Washington County of Washington Planning Department Town of Stillwater Town of Stillwater Planning Comission RE: City of Oak Park Heights - proposed annexation of certain real estate now located in the Town of Baytown (MMB Docket No. A-4443 Oak Park Heights Heritage Development, et al) Enclosed please find a copy of the Petition filed with the Minnesota Municipal Board in connection with the above matter . ours v- - r Lyle J. Eckberg LJE: ks Enclosure c: City of Oak Park Heights • 0 AFFIDAVIT OF MAILING STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) Karen L. Stoltzmann, being first duly sworn on oath , deposes and says: that she is a resident of the City of Afton, Washington County, Minnesota; that on the 24th day of November , 1987 , she mailed a copy of the attached Petition for the annexation of certain lands now located in the Town of Baytown to the City of Oak Park Heights , to the following named parties/agencies, by placing a true and correct copy thereof in a sealed envelope , postage prepaid , and depositing the same in the U.S. Mails at Stillwater , Minnesota, directed to each of them at their last known address, as stated below: Town of Baytown c/o Charlotte Kirby, Clerk 13131 - 40th Street North Stillwater , MN 55082 Mr. Russell Kirby, Chairman Town of Baytown Planning Commission 13131 - 40th Street North Stillwater , MN 55082 City of Stillwater 216 North Fourth Street Stillwater , MN 55082 Mr. Jerry Fontaine , Chairman City of Stillwater Planning Commission 1618 West Willard Street Stillwater, MN 55082 County of Washington Washington County Government Center 14900 - 61st Street North Stillwater , MN 55082 Washington County Planning Department Washington County Government Center 14900 - 61st Street North Stillwater , MN 55082 Town of Stillwater c/o Pat Bantli, Clerk P. 0. Box 117 Stillwater, MN 55082 ,i' • Ilene Johnson, Clerk Town of Stillwater Planning Commission P. 0. Box 117 Stillwater , MN 55082 Karen L. Stoltzm Subscribed and sworn to before me this -24Th day of November , 1987 . Notary Public, Washin t County, Y, Minnesota LYLE.1. ECKEE?G n� NOTARY PUBLIC—r.L NCSOTA WASH{NGT ;4 COUNTY MY COMM.EXPIRES JUNE 30, 1989 VVV VVYW.MW VWVVVU'✓ytiW - 2 - • ! • • IN THE MATTER OF THE PETITION OF THE PROPERTY OWNERS WITHIN THE TOWN OF BAYTOWN, AN UNINCORPORATED AREA, TO ANNEX SAID AREA TO THE CITY OF OAK PARK HEIGHTS, MINNESOTA PURSUANT TO M.S. 414 .033 TO: Minnesota Municipal Board 165 Metro Square Building St. Paul, Minnesota 55101 The City of Oak Park Heights, having received several petitions to annex unincorporated land lying and being within the Town of Baytown, files this consolidated Petition. Said petitions are attached hereto and made a part hereof by reference and are marked Exhibit "A" . 1 . The area proposed for annexation is described in Exhibit "B" hereto attached . Said land abuts the city limits of the City of Oak Park Heights , and no part of the area described in Exhibit "B" is a part of an incorporated municipality. No part of said area is designated for orderly annexation. 2. The petitioners believe that all of said area is about to become urban or suburban in character . 3. Said area contains 196 acres, and the area is contiguous. 4 . To the knowledge of petitioners, all of the property owners in the affected area have joined or consented to said petition. That Heritage Development, Inc. has entered into a Purchase Agreement to purchase the land contained within the plat of Cleveland Terrace, subject to annexation; however , all of the fee owners have joined or consented to the annexation. 5. The municipalities and agencies entitled to notice are as follows: Town of Baytown c/o Charlotte Kirby, Clerk 13131 - 40th Street North Stillwater , MN 55082 City of Stillwater 216 North Fourth Street Stillwater , MN 55082 S ! Jerry Fontaine Planning Commission Chairman City of Stillwater 1618 West Willard Street Stillwater , MN 55082 County of Washington Washington County Government Center 14900 - 61st Street North Stillwater, MN 55082 Washington County Planning Department Washington County Government Center 14900 - 61st Street North Stillwater , MN 55082 Dated: j/e CITY OF OAK PARK HEIGHTS BY Mayor 40018k _ City Clerk administrator - 2 - 411 411 IN THE MATTER OF THE PETITION OF HERITAGE DEVELOPMENT, INC. FOR ANNEXATION OF UNINCORPORATED ADJOINING PROPERTY TO THE CITY OF OAK PARK HEIGHTS, MINNESOTA PURSUANT TO M.S. 414 .033 TO: City of Oak Park Heights and Minnesota Municipal Board The Minnesota Municipal Board is hereby requested to hold a public hearing on the question of annexing certain property to the City of Oak Park Heights, Minnesota. The Petitioner for annexation is: Heritage Development, Inc. The property proposed for annexation is described as follows: All of Cleveland Terrace on file and of record in the office of the County Recorder in and for the County of Washington, Minnesota . 1 . The area proposed for annexation abuts the city limits at the Oakgreen Avenue North boundary thereof, and none of it is presently a part of any incorporated city or in an area designated for orderly annexation. 2 . The petitioners believe that all of this property is or is about to become urban or suburban in character. 3 . Heritage Development, Inc. has an agreement to purchase all of Cleveland Terrace except Patricia M. Peterson's property, legally described as Lot 3 , Block 3 , Cleveland Terrace, and Timothy A. Hendrickson' s and Christina S. Hendrickson' s property, legally described as Lot 2 , Block 2 , Cleveland Terrace. 4 . Patricia M. Peterson, Christina S. Hendrickson and Timothy A. Hendrickson have herein consented to this Petition to annex Cleveland Terrace to the City of Oak Park Heights. ( See attached Consent forms. ) 5 . The reason for requesting the annexation is: Heritage Development, Inc. requests this annexation since it will be impossible to develop its property unless Oak Park Heights annexes the Cleveland Terrace property in Baytown Township. Cleveland Terrace is in need of the following municipal services : sanitary, sewer and water. • i S 6 . Parties entitled to notice under Minnesota Statutes 414 .09 are: Baytown Township, Oak Park Heights Municipality, Washington County and the planning agencies of Baytown Township and Oak Park Heights . Dated: \\A C , HERITAGE DEVELOPMENT, INC. By James ardner`~ its Pres ent 410 41! AGREEMENT This Agreement is made and entered into this day of , 1987 , by and between Timothy A. Hendrickson and Christina S. Hendrickson ( hereinafter Hendricksons) and Heritage Development, Inc. (hereinafter "Heritage" ) . WHEREAS, it is Heritage' s desire to annex Cleveland Terrace in Baytown Township to Oak Park Heights. WHEREAS, it is Hendricksons' desire to consent to the annexation in consideration for certain promises made by Heritage to • the Hendricksons, the owners of Lot 2 , Block 2 , Cleveland Terrace. NOW THEREFORE, the parties hereto agree as follows, to-wit: 1 . The Hendricksons have agreed to and have simultaneously herewith executed the consent to annex Cleveland Terrace in Baytown Township to Oak Park Heights. 2 . Heritage has agreed to pay for all assessments for sewer, water and street improvements . 3 . Heritage has agreed to quit claim deed a 48 . 2 foot wide parcel on the east side of the Hendricksons ' property and that 48 . 2 feet plus the Hendricksons ' existing lot would be combined as one lot in the plat. Two sets of sewer and water services shall be stubbed for the new Hendricksons' parcel. Heritage' s agreement to pay for assessments excludes payment for sewer availability charges and water availability charges. This agreement includes hook up charges for sewer and water. The provisions of this agreement will be incorporated into the developers agreement between the City of Oak Park Heights and Heritage. This agreement is contingent on the plat approval and annexation of Cleveland Terrace in Baytown Township to Oak Park Heights . • • jc . S K /tom 44 it- ,., '' IN WITNESS WHEREOF, the parties hereto have set their hands !"1 the day and year first above written. le Dated: / 7 ;:-7.----, Timothy A. Hendrickson 7=7,2 r Christina S . Hendrickson Dated: 7/ j/{ /-:' —/ HERITAGE DEVELOPMENT, INC. (2 v 721i u ,,..i1 1 / By GL %-': /7 / It • ,• :r tt►ryl..toocto aen toast ' WN ta?tt'S UI•a4C { - R II+Tt tMTtr.G p S5WPLY STORES 'r�l1 r{yr T T A r1 7{ 1� T}� 1 F I t t+p_lt a rr i'np� .+. V 1R.C1 A.0 SE AG KE,Ili,1.EN t INI ••.•urr Cory• ...,11.U—ftu+n. •lircr,pt FORM APPROVED SY MINNESOTA ASSOCIATION OF REALTORS: July _ 19 87 RECEIVED OF Heritage .Development Inc ' rho: sum of Three thous.and...dt�.1.iar . 3000.00 Check (: ) DOLLARS as earnest money and in parr payment for the purchase of property at 1Check.0..h ur ti„tc—St t.•which) • 18.3 'acres in (Cleveland Terrace) except Lot 8, Block 1, Lot s?t53ted in the Washirl ton Block 2, Lot : , U1yck 3. County of y , Spate of Minnesota, and legally escrt>ed as tottuws. t;'-vs u: Legal to govern. By registered land survey. . including; all partlrti bulbs, plants,shrubs and netts, all storm sash,storin doors,detachable vrstibulcs,screens.awnings,window shades, blinds t including: venetian blinds 1, curtain rods, traverse rods, drapery rods, lighting ;fixtures and bulbs. plumbing fixtures,hex water tanks and heating; plant (with any burners. tanks, stokers and other equipment tied in connection there- with), water softener and liquid gas rank and controls (it the propery of seller),sump pump, television antenna, inciner- ator, built-in ,ij:;hvvasher, s:atbage di'pusal, ovens, conk top staves and central it conditioning equipment. if any, used and located on said premises and including also the following personal property: Land Only. ( . all of which property the undersigned has this day sold to the buyer for the stun of: One hundred eighteen . thousand...n.ine...hzuiidr.ed...fif.ty ..(S 11.8,.9.50..QODOLLARS, which the buyer agrees to pay in the following manner: Fa est money herein paid S 3000.00 and S 22,.000..0gash,on11/1/87 or upon , the date of closing;. ��4J approval of plans by the city of \..�., Oak Park Heights. The exact purchase price is arrived at as follows. $6500.00 dollars per acre for 18.3 acres, more or less. $3000.00 earnest monies and $22, 000.00 down at closing. The balance of $93, 950.00 will be paid by Contract for Deed for a period of four years from the date of closing. The aforementioned Contract for Deed will have an annual interest rate of ":0A paid annually at the anniversary of closing. In addition there will be minimum prg ipa1 payments of $18, 000.00 plus interest to b.;. t,c i U annually ut. Lt..: .....tlyc ,bdty OL L11‹; �30.Lt.: air �:iVitty. lice_.:.. L✓..:.... :.e.'–... ......ia interest payments will, at buyers discretion, be reduced by annual total of the lot release payments indicated in paragraph four of the attached addendum, which is partSublt thist"t•{3gre:41riei'Ft'I,i<• seller a;crrc's ;+r execute and deliver a Marketable . Warranty Deed t to be loaned to by spouse, :1 any i cornev one marketable ride to said premises subject only cu the tollowinc exceptions; t a) Building and zoning laws. radanan:es, State and Federal regulations. t, (b) Restrictions relarang to use or jAirrovrtent of promises without effective forfeiture provision. t c) Reservation of any minerals dr mineral netts to the State of .Nlintics.ua. t d) Utility and drainage easements which do not mtertcre with present improvements. I• ) Rights of tenants az, :,,II wc i cn!ess speltnccl, net si.biccr to tc^ ti(s) L Th buyer shag'! pay the cal es a,c taxes ,'sup ttt the ycer 19 g0 }}{(td any un; aj.! in,tailments of special assesmcnts ,liable therewith ..• 1 — and thereafter. �eiier warrants that real estate taxes due in the year 19 $t3 will be non h,rt:estea,l elassunauun L t) t lull, partial or non-homestead—state which r V `• ' Seller t covenants that hutldines, if any, c entire—iv within the boundary Imes of the property and atrees to remove an personal property V )2 i not included herein and all debris from the c at ty ices prior to possession date.Seller warrants all appliances, heating. air conditioning,salting < and plumbr+i, used and located on said premises ate in proper wutkit: • order at dare of r o cane,• „”` The Iler ti rther fig •es to deliver poscaston not le.xr than date O1 c OSIng provided chat Al conditions of this �' agreement have heel compiled with, unless r fie. vise specified this sale shall be closed on or before 60 days from die date hereof, Cam. to 1'.l Yl'rrt' et In the event this { is c,e•.tntyed or sabstannally damaged by sire or any other cause be:ore die closing, are.this agreement shall Q become null and void.::t the purchaser's :Trion. and all monies paid hereunder shall be refunded to him. 1r.t. t ouyer an,: spilt r also tnntea4 scree the c pro rata ad s of nos vu t t trance and city water. and, in the case of �. income prat c current operating expenses, shall he made as of �`to ox closaLiv Z. The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property '' L V v Abstract ctrened to date t+. include p oper searches covering bankruptcies, and State and federal judgments and hens. The buyer shall be i\� Ste. d allowed iii days otter recetpc thereof for eea:ntnanrto of said title and the maktni: of any objections thereto, said ohiecnons to be made in' L • V writing or deemed is be waived. II any c!o;r'us.-its are so made the seller shall be ai!ossed 120 days to make outgo title itmatkctubic. rending ' s r n' correction of tars the payments herein ter rr•uuircd shall he postponed, but upon correction of title and within 10 days after written notice ( to the buyer,the ,fir es shalt per arm this ar•rectrient according to its terms. I' said title is nor marketable and is not made so within 120 days from the dare of written objections thereto as above provided, this agreement shall be null and void, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. li the title to said property he found marketable or be so made within said time, and said buyer shall 3_ default in any of the agreements and continue in default for a period of 10 days. then and in that case the seller may S n a terminate this contract V and on such termination all the payments made upon this contract shall he retained by said seller and said agent, as :heir respective interests I may appear,as liquidated das trees,time bunt of the essence hereof. 'Phis provision shall not deprive tither party of the right .if enforcing the o specific performance of this contract prove,led such contract shall not be terminated as aioresaid, and provided action to entorce.such specific S 4�v performance than be commenced within six mouths after such right of action shall arise. v : It is u.ndu'st sc .Ht.! agreed■ that this sale. is made subject to the approval by the owner of said premises in isrimirin art that the under. . , Signed agent is in no mann.r liable or responsible on account of this agreement, except to return or account for the earnest money,paid under ", this contract. ! 1('\ r James G. Gardner wAGENCY I)lS1'l.oS1.'fiE;Gardner_Real._.Es.tate.-.._. stipulates he or she is representing'the buyer.. and....is...the `s- in this transaction, The listing agent or.broker stipulates he or she is representing the seller in this'transaction. buyer.• c ,3 ,J"" t U1 The delivery of all papers and monies shall he made at the office of: 1 •�, 1,the undersigned, owner of the above land,do hereby approve 13} Agent '^`-- the above agreement and the sale thereby made. I hereby agree to purchase the said property for the price and ���//!y ��✓✓/ / t upo the t ems above mentioned, and subject to all conditions f („,',,.. ../t, - •• ! / (SEAL) Xa Seller • la" • (SEAL) E ; Bu\ x , /' s r �� . ..! i (SEAL)Srtf^r ., Buyer ins is A 1.F.0 ,11,Ll' BINDING CONTRACT, JF NOT t.TN?1 FRSTOOD, SEEK CON PETFNT ADVICE. a . • - „. 1.0 (.0111 '4-11Ior t.nc,i4: of. no duif,ping hurving i -3i''U mat-,rials 01 waste on said n.rr,pertv. .pav all and as,:icyment ..: die and pending in Full . Seller .gret's to join in the execution of any and all documents ne,:essary or incidental Uuvel nroperty at no e'-'pen':,e to ',eller. agi ,!es to ::uhoidinAte con7-.trur.ti,.....n !-0! the 1,-4.11-P ,e Of ifilitalling •-ir■r1 I e and c,l,11.--.?r improvemnts int.:. Property. tr, ,.,ne it by Peed to Buyer Tc,r each pr irsiriaf reduction piiiment if 1:;! ,000.un pl ,„ interet due on same amount. Four lOti he relea.:,ed at closing. Thi ,5 sale is contingent upon sati'..-,Factory zoning, plat , approval , necessary permI ts For the DHR, permits from the Corp of Engineer.7., and FHA and VA inproval _ It is Further agreed '-,)oller shall the Buyer in any request to any novernmental agencies to satisfy the above. All costs incurred in connection with such Platting. rezoning, or development shall be borne by Buyer. The Duver(=: ) shall have the right to enter unon this land to conduct any test.(5) and work as stated herein before closing date. However no improvements of anv kind shall he performed Prior to closing. This agreement is contingent upon the following: ) Dover obtaining sett test(s) satistar.-.to ) to the Buyer: He'qhtiAinhP:,-;ino prf4v ande.--tending sewer and jh'cr. th,? proPertv agreeing li install the necessary .,..tret•-r., within pr.',1 ,7rty and ases 3%1fle to -1-aid ) udrin OF:veloo a residential ror c-' I.(:)f- f.! \j'? r I !.!■■:, P111301,l: the right t grade th.: !and and c,-iuse he he to1 hi the sewer and t:r , a3 to ' t": .-q-ifrieri I • ,f ,.'20! IPII t(21,1 1!),..1.. has Pi0 frro date of this agreement to remove stated contingencies and in the event Buve■ rrmt emove these o.'ntingetpje,.., ot that time and is pursuing 7 1) . -1.0 " IS t !•! 3h;...01 grant Buyer 1;444; neeestrir±v=1:-.1.w.c... appr,:,va1 s. in the event thse arprval .:, cannot be obtained. this nut ! find v.-Jid at Buyer' ', optin and al ! earnest monie:::, sh....1 ! r .• 1:er ••-• f r H `,P-E :!a': '? the t' i'-f '' .f,He aor..,,montioned Pur,:hF2se DfJELOPMrNI . , . / (1/ , • (,:•! 1,3 • r';'" c • s itt 111 IVSp,r..5inie on account or CMS agreement,except to return or account tar the earnest money paid under ... , : • t It I I t;1.3111:y,:: toott: or re,iponsmie on account at this aszreetnent except to return Or accoun t. for the earnest morici.raid under i / • •• No.5017 i% f (REVISED OCTOBER 19351 / NELSON'SOFFICE WHITE—Office CoP77 • SUPPLY STORES , YEUAtV—Buret i Copy PURCHASE AGREEMENT ;/7� h cow=e-Bu Rt It Cpt FORM APPROVED SY MINNESOTA ASSOCIATION OF REALTORS L'�� October ,-f 19 87 RECEIVED OF Heritage Development Inc. the sum of F..i.v.e,..H.uridr.e.d...Do.11a.cs ($.50.0...0.0 ) DOLLARS Check as earnest money and in part payment for the purchase of property at {Cheek,Cash or Note—State Which) Baytown situated in the County of Washington ,State of Minnesota,and legally described as follows, to-wit: Lot 8, Block I Cleveland Terrace. including all garden bulbs,plants,shrubs and trees,all storm sash,storm doors,detachable vestibules,screens,awnings,window , shades, blinds (including venetian blinds), curtain rods,traverse rods, drapery rods, lighting fixtures and bulbs, plumbing .' fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection there. s $ p ( Y with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: .. all ytiqatich property the undersigned has his day sold to the buyer for the sum of: i fa ($..r.X•�.4�.(.!C.� ) DOLLARS, CO Y{ which the buyer a tees to pay in the following manner: t Earnest money herein paid$ 500.00 and$ 20/aC )~,cash,on .F?? a.1...p.lat....P.AZ.9w/4 late of closing. '4_. 6 P c ! g�'v� V f. / . 4 c c ... /.4 .er r / ;) (-a....... 4,„._.t / vra A/ i(14-'4' fl I M r 47-,'g'..q-i " 5<f/t'., /t e e r j '/t: )r'.. A 1'( '`.i`).S s r S S•..•t.. / /U o/ , .S re'e..i/r•, t '4 /1.,• /.J . :"• S fl ' F Subject to performance by the buyer the seller agrees to execute and deliver a Warranty Deed (to be joined in by spouse,if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, Scare and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. rr (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to tensn es) • The buyer shall pay the real estate taxes due in the year 19 �� a 1.1 any unpaid installments of special assesments payable therewith and thereafter. Seller warrants that teal estate taxes due in the year 19 .'.yl. will be %^"•e i'— homestead classification (full,partial or non-homestead—state which) Seller covenants that buildings,if any,are entirely within the boundary lilies of the property and agrees to remove all personal property nor included herein and all dehris from the (remises prior to possession dare.Seller warrants all appliances,heating,air conditioning, wiring and plumbinc used and located on said premises are in proper workin'order,at date of clgs' The seller further agrees to deliver possession not later than.,.L >4_.c . ('et-si.y provided that all conditions of this agreement have been complied with. finless otherwise specified this sale shall be closed on or bl(ore 60 days from the date hereof. In the event this property is destroyed or substantially damaged by lire or any other cause before the closing date,this agreement shall become null and void,at the purchaser's option,and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance and city water, and, in the case of income property, current operating expenses,shall be made as of.... .-�6c 4.... ...e, /. ......(les rS The seller shall, within a reasonable time after approval of this agreement, furnish an abstra{t of title, or a Registered Propetty Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto,said objections to be made in writing or deemed to be waived, 11 any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the buyer,the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or he so made within said rime, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear,as liquidated damages,time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the " specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific f performance shall be commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made subject to the approval by the owner of said premises in writing and that the under. signed agent is in no manner liable or responsible on account of this agreement,except to return of account for the earnest money paid under this contract. • James G.Gardner AGENCY DISCLOSURE:£artdner Jarzal_Fstr"Ll-p _stipulates he or she is representing the _buyaY'_a,nd s the ,. in this transaction.The listing agent or broker stipulates he or she is representing the seller in this transaction. buyer. ' The delivery of all papers and monies shall be made at the office of: The seller acknowledges that he is aware that the buyer is a licensed real estate agent and deals in buying and selling real estate. I,the undersigned,owner of the above land,do hereby approve By Agent the above agreement and the thereby made. I hereby agree to purchase the said property for the price and upon to m above mentioned, and subject to all conditions herei x ss'.. r�� C.��--�._ w SEAL -2 (SEAL) Seller (SEAL) ' Bu,- (SEAL) (SEAL) Seller Buyer THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. . , 411 .. ADDENDUM AND CONSENT TO PETITION TO ANNEX CLEVELAND TERRACE David Brandt, of 1287 River Crest Road, Lakeland, Minnesota 55043 , the owner of Lots 1 to 7 inclusive and Lots 9 and 10 , Block 1 ; Lot 1 and Lots 3 to 14 inclusive Block 2 ; Lots 4 to 8 inclusive and Lots 1 and 2 , Block 3 , Cleveland Terrace, hereby joins in and consents to the Petition to annex the plat of Cleveland Terrace located in Baytown Township. i t � ;Dated : I _ ,,,L // ) 'f%-_M David Brandt Re: Petition to Annex Cleveland Terrace Our File No. 11265-09 4 AGREEMENT AND CONSENT TO RESOLUTION • ANNEXING CLEVELAND TERRACE TO OAK PARK HEIGHTS Northern States Power ( NSP) ,, 1700 E. County Road White Bear Lake,, 55110, the owner of a parcel of property in the south-east corner of Cleveland Terrace ( 100' x 100' ) hereby joins in and consents to the Resolution to annex the plat of Cleveland Terrace located in Baytown Township to the city of Oak Park Heights . DATE: fit- / 5' J.. `.�, (I 1.4 Lt :"(='_i_ N S P k! '��:.r�,..e AGREEMENT This Aareement is made and entered Into th i 5 �� day OF 1987. by and between Patricia M. Peterson (hereinafter "Peterson") and Heritage Development. Inc. (hereinafter "Heritage") . WHEREAS. it is Heritage's desire to annex Cleveland Terrace in Baytown Township to Oak Park Heiahts. WHEREAS. it is Peterson's desire to consent to the annexation In consideration for certain promises made by Heritaae to Peterson. the owner of Lot 3. Block 3. Cleveland Terrace. NOW THEREFORE. the parties hereto agree as follows. to-wit: 1 . Peterson has agreed to and has simultaneously herewith executed the consent to annex Cleveland Terrace in Baytown Township to Oak Park Heights. 2. Heritage has agreed to pay for all assessments for sewer . water and street improvements. Heritage agrees to pay all costs involved in hooking up the sewer and water system from the street to the house systems. 3. Heritaae has agreed to give to Patricia M. Peterson $10.000.00 in cash at the time of final plat approval . Patricia M. Peterson agrees to Quit claim property from 10' west of Peterson's Garage to Peterson's west property line. Heritaae agrees to pay all Ieaal . survey and muncipal costs involved in securing subdivision approval neccesary to complete the transfer of property. Heritage's agreement to pay for assessments excludes payment for sewer availability charges and water availability charges. The provisions of this agreement will be included in the developer's aareement between the City of Oak Park Heiahts and Heritaae Development. Inc. This aareement is continaent on plat approval and annexation of Cleveland Terrace in Baytown Township to Oak Park Heiahts. IN WITNESS WHEREOF. the parties hereto have set their hands the day and Year first above written. Dated: ....- c _0 )a_i_xe_eed, )22 1!C�.ycl3L- C-'��:ZG✓ zy Patricia M. Peterson I Dated: ie HERITAGE DEVELOPMENT. INC. n G._ r By__ 1�/c- Is `. E, I • 411 TO: City of Oak Park Heights and Minnesota Municipal Board We , the undersigned , owners of real estate located in the Town of Baytown contiguous to the City of Oak Park Heights , do hereby request that we be annexed to said City of Oak Park Heights at the earliest possible time. Said real estate is in need of sanitary sewer facilities and other municipal services. Signature( s ) of property owner ( s ) : c-/?..: - / /Age At' Date: 3/461 , 1987 Address : Js_s O7.7`'S7'. Aro- Leg al description of real estate : f'�S R C s C 2 '8O - 2t/60 • +' (-' (, Signatures) of property owner ( s) : Date: ,�� 7 1987 � ,�// Address : /3 i� / CCE+ .dl4� Legal description of real estate: , -'� /7L r r. . Signature( s) of property owner ( s) : .- • /i L LA - 3N'i►.1 J Date: 4-fl - , 1987 Address : / 4.3,5"- Garµ Sr- N• Legal description of real estate : pr Nub 1/4 m AT I114 (OS-PIER nt114 W ALoKG N LINE 5 • S FO aC 7-1 ROS # 2oLc v►bN 359.4 FT ra Pr Q.�-6• r7+-15 ESG, ntw► s # PA-41,01771- N/s 1/ • Signature( s) of property owner( s) : �� 17 � ...(fAMTW:JAP Date : 4 " / f , 1987 Address : ‘.5"- . 7 ,i() 7/71 c Legal descriptiop of real estate : Tj?Qc_.lc R 72zi Lf Signature( s ) of property owner ( s ) : .7 112-) ,�J 1 rh ;77-13/ r v' Date: � , 1987 Address : /C, Legal description of real estate : '-?C / ,9 -- �f� , /fi1://9 iii/ G'/'-y 1/c3 1 Signature( s ) of property owner ( s ) : 7 Date: F- 17- 7/2.7,,, 1987 Address : 4:e3 57 Legal description of real estate: Signature( s) of property owner ( s ) : Date: , 1987 Address : Legal description of real estate: 411 410 McCORMACK FURNITURE CO. That part of the Northwest Quarter of Section 5, Township 29 , Range 20 , described as follows: Commencing at the Northwest corner of the Northwest Quarter ; thence West along the North line of said Section 5 for 359.7 feet to the point of beginning of this description; thence South and parallel with the East line of said quarter section a distance of 375 feet to a point; thence West and parallel with the North line of said quarter section 150 feet; thence North and parallel with said East line of said Northwest Quarter for a distance of 375 feet to the North line of said section and East along said section line a distance of 150 feet, more or less , to the point of beginning . ELMER HAASE The East 399 . 73 feet of the Northeast Quarter of the Northwest Quarter of Section 5 , Township 29, Range 20 , except that part lying and being within R. L.S. No. 57 ; The Southeast Quarter of the Northwest Quarter of Section 5 , Township 29 , Range 20 ; The Northwest Quarter of the Northeast Quarter of Section 5 , Township 29 , Range 20, except that part lying and being within R. L.S. No. 57 ; The Southwest Quarter of the Northeast Quarter of Section 5, Township 29 , Range 20; The North One-half of the Southeast Quarter of the Northeast Quarter , except Parcel Nos. 2350 , 2450 and 2400 ; The Northeast Quarter of the Northeast Quarter of Section 5, Township 29 , Range 20 , except that part lying and being within the City of Oak Park Heights , and except Parcel Nos. 2750 , 2900 , 2850 , 2800 , 3050 , 2950 and 3000 ; Lots C, D, E, F, J, K, L, N, 0, P, Q, R, S, T and V, Registered Land Survey No. 57 . GERALD S. and KATHRYN MECHELKE - Lot A, Registered Land Survey ,-. No. 57. STILLWATER AERIE t94 FRATERNAL ORDER OF EAGLES - Lots B and I , Registered Land Survey No. 57. GARDNER J. AND SALLY THOMAS - Lot G, Registered Land Survey No. 57. • i . ti • GERALD A. AND MARY SCHOENECKER - Lots H, M and U, Registered Land Survey No. 57 . DAVID BRANDT and HERITAGE DEVELOPMENT, INC. The South One-half of the Southeast Quarter of the Northeast Quarter of Section 5 , Township 29 , Range 20 , including therein the plat of Cleveland Terrace; Lots 1 through 7 , inclusive , Block 1 , Cleveland Terrace; Lots 9 and 10 , Block 1, Cleveland Terrace ; Lots 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 and 14 , Block 2 , Cleveland Terrace; Lots 1, 2 , 4 , 5 , 7 and 8 , Block 3 , Cleveland Terrace. TIMOTHY A. AND CHRISTINA S. HENDRICKSON and HERITAGE DEVELOPMENT, INC. - Lot 2, Block 2 , Cleveland Terrace . PATRICIA M. PETERSON and HERITAGE DEVELOPMENT, INC. - Lot 3 , Block 3 , Cleveland Terrace. LANCER STORES, INC. and HERITAGE DEVELOPMENT, INC. - Lot 8 , Block 1, Cleveland Terrace. All of the above lying and being in the Town of Baytown, Washington County, Minnesota. - 2 - , McCORIIACK FURNITURE CO. That part of the Northwest Quarter of Section 5, Township 29 , Range 20, described as follows: Commencing at the Northwest corner of the Northwest Quarter ; thence West along the North line of said Section 5 for 359.7 feet to the point of beginning of this description; thence South and parallel with the East line of said quarter section a distance of 375 feet to a point; thence West and parallel with the North line of said quarter section 150 feet; thence North and parallel with said East line of said Northwest Quarter for a distance of 375 feet to the North line of said section and East along said section line a distance of 150 feet, more or less, to the point of beginning. • ELMER HAASE The East 399 .73 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 29, Range 20, except that part lying and being within R. L.S. No. 57; The Southeast Quarter of the Northwest Quarter of Section 5 , Township 29 , Range 20 ; The Northwest Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within R.L.S. No. 57 ; The Southwest Quarter of the Northeast Quarter of Section 5, Township 29 , Range 20; The North One-half of the Southeast Quarter of the Northeast Quarter , except Parcel Nos. 2350 , 2450 and 2400; The Northeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, except that part lying and being within the City of Oak Park Heights, and except Parcel Nos . 2750 , 2900 , 2850 , 2800 , 3050 , 2950 and 3000 ; Lots C, D, E, F, J, K, L, N, 0, P, Q, R, S, T and V, Registered Land Survey No. 57. GERALD S. and KATHRYN MECHELKE - Lot A, Registered Land Survey No. 57. STILLWATER AERIE $94 FRATERNAL ORDER OF EAGLES - Lots B and I , Registered Land Survey No. 57. GARDNER J. AND SALLY THOMAS - Lot G, Registered Land Survey No. 57. • 411 GERALD A. AND MARY SCHOENECKER - Lots H, M and U, Registered Land Survey No. 57. DAVID BRANDT and HERITAGE DEVELOPMENT, INC. The South One-half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29 , Range 20, including therein the plat of Cleveland Terrace; Lots 1 through 7 , inclusive, Block 1 , Cleveland Terrace; Lots 9 and 10 , Block 1, Cleveland Terrace; Lots 1, 3 , 4, 5, 6 , 7, 8 , 9, 10 , 11 , 12, 13 and 14 , Block 2, Cleveland Terrace; Lots 1, 2 , 4, 5, 7 and 8 , Block 3 , Cleveland Terrace. TIMOTHY A. AND CHRISTINA S. HENDRICKSON and HERITAGE DEVELOPMENT, INC. - Lot 2, Block 2, Cleveland Terrace. PATRICIA M. PETERSON and HERITAGE DEVELOPMENT, INC. - Lot 3, Block 3, Cleveland Terrace. LANCER STORES, INC. and HERITAGE DEVELOPMENT, INC. - Lot 8 , Block 1, Cleveland Terrace. NORTHERN STATES POWER COMPANY Commencing at the Southeast corner of the Northeast Quarter of Section 5, Township 29, Range 20, thence West along the South line of said Northeast Quarter for a distance of 133 feet to the most southerly Southeast corner of Lot 1, Block 3 , Cleveland Terrace; thence North on the easterly line of said Lot 1, Block 3, Cleveland Terrace for a distance of 100 feet; thence East on the South line of said Lot 1 a distance of 133 feet to a point due North of the point of beginning; thence South 100 feet, more or less, to the point of beginning . All of the above lying and being in the Town of Baytown, Washington County, Minnesota. - 2 - 410 110 CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, NOVEMBER 23 , 1987 Call to order by Mayor Sommerfeldt at 7 : 00 p.m. Present: O 'Neal , Torgerson, Seggelke, Doerr, Eckberg, Gutoske , Leier and Wilson. Clerk read public hearing notice , presented affidavit of publication and mailing list on request for a conditional use permit submitted by Holiday Stationstores , Inc. Mayor called for comments and discussion ensued. Torgerson, seconded by Seggelke , moved to close hearing . 5 aye votes. Hearing closed. Seggelke , seconded by Torgerson , moved to approve the above request and site plan subject to conditions noted in City Planner ' s letter of November 20, 1987 : 1. All parking lot setbacks are achieved and a temporary asphalt curb is provided along the southern and eastern edge of the parking lot to extend to the tip of the triangular access easement. 2 . The eastern most parking stall is eliminated and replaced with appropriate screening and landscaping as provided along the northern edge of the parking stalls. 3 . The trash enclosure is set back off of the parking lot and appropriate "No Parking" signage is provided. 4 . A grading and drainage plan and a utility plan is submitted and approved by the City Engineer. 5 . A certified survey is submitted for the subject property. It should be noted that if any discrepancies exist between the survey and the site plan, a revised site plan must be submitted for review. 6 . A signage plan is submitted which conforms to the ordinance requirements. 7 . Subject to comments from other City Staff. Roll call vote taken with 5 aye votes cast. CUP approved. Doerr, seconded by O'Neal, moved to adopt Resolution #87-11-52 accepting the petition for annexation from Alvin J. Krueger and Elaine K. Krueger and authorize City Attorney to file with Municipal Board. Roll call vote taken with 5 aye votes cast. Resolution approved. O'Neal, seconded by Torgerson, moved to allocate $5 , 000 . 00 contribution to the St. Croix Valley Teen Center from the contingency fund. Also, delete the contingent contributions requested from City of Stillwater and City of Bayport as stated in the minutes of July 13 , 1987 . Aye votes cast by O'Neal, Torgerson, Sommerfeldt and Doerr. Nay vote cast by Seggelke. Carried. • CITY OF OAK PARR HEIGHTS MINUTES OF MEETING HELD MONDAY, NOVEMBER 9, 1987 Call to order by Mayor Sommerfeldt at 7 :00 P.M. Present: O'Neal, Seggelke, Torgerson, Vierling and Wilson. Absent: Doerr. C lerk read public hearing notice, presented affidavit of publication and mailing list on request pu g for 10 ft. side yard q setback to existing garage from David Foley. Mayor called for comments. O'Neal, seconded by Seggelke, moved to close hearing. 4 aye votes. Hearing closed. moved to Seggelke, seconded by Torgerson, grant the above request. Roll call vote taken with 4 aye votes cast. Request granted. Public hearin g wa s continued on request from Min g Chu (Stone Lake Restaurant) for On Sale and Sunday Liquor Licenses. Mayor called for comments and discussion ensued. Seggelke, seconded by O'Neal, moved to close hearing. 4 aye votes. Hearing closed. Torgerson, seconded by O'Neal, moved to grant the above license. Roll call vote taken with 4 aye votes cast. Request granted. O'Neal seconded by Torgerson, moved to adopt Resolution 187-11- 48 approving Ordinances #87-1003-05 and #87-1004-06 granting PP 9 Northern States Power Franchises for gas and electric. Roll call vote taken with Sommerfeldt, Torgerson and O'Neal voting aye and Seggelke abstaining. Resolution adopted. O'Neal, seconde d by Seggelke, moved to adopt Resolution #87-11-49 annexation petition in Baytown Township and the ann Y t, accepting p authorizing City Attorney to file with the Municipal Board. Roll call vote taken with 4 aye votes cast. Resolution adopted. Seggelke, seconded by Torgerson, moved to adopt Resoluti on #87- 11-50 approving the annexation and detachment of certain lands lying within the City of Oak Park Heights and the City of Bayport and authorizing City Attorney to proceed. Details available at Clerk's office. Roll call vote taken with 4 aye votes cast. Resolution adopted. Seggelke, seconded by Torgerson, moved to approve minutes of October 13th and 26th as p resented. 4 aye votes. Carried. Torgerson, seconded Seggelke,ded b Se elke moved to authorize City Engineer to prepare information for meeting November 23rd regarding an additional water tower. Information to contain possible location and costs. 4 aye votes. Carried. • Torgerson, seconded by Seggelke, moved to approve the expenditure i ! Page two - Minutes 8/24/87 Doerr, seconded by Seggelke, moved to schedule a budget hearing Monday, September 28 , 1987 at 7 :00 P.M. 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to accept City Engineer' s Park Development Study and accept the Park Committee ' s 1987 recommendations. 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to adopt Resolution #87-8-28 directing City Engineer to proceed with plans and specifications on above project. Roll call vote taken with 5 aye votes cast. Resolution adopted. Seggelke , seconded by Doerr, moved to schedule public hearing on two variance requests submitted by David Foley, Monday, September 28, 1987 at 7 :00 P.M. 5 aye votes. Carried. O'Neal , seconded by Doerr, moved to direct City Attorney to proceed with orderly annexation request South of Highway #36 and West of Oakgreen Avenue North. 5 aye votes. Carried. Doerr, seconded by O'Neal, moved to approve first payment request of $101 , 703 .25 to C. W. Houle, Inc. for 9th Addn. Utility & Street Improvements. 5 aye votes. Carried. O 'Neal , seconded by Torgerson, moved to adjourn. 5 aye votes. Adjourned at 9 :30 P.M. La Vonne Wilson Administrator/Treasurer • • Heritage Development 450 East County Road D Little Canada, Minnesota 55117 481-0019 August 17. 1987 City of Oak Park Heights Box 2007 Oak Park Heights, MN 55082 Dear Mayor and Council : Heritage Development Inc. has purchased the property in Baytown township known as Cleveland Terrace. It is our intention to develop this property; as single family lots with sewer and water service. Copies of the proposed development plan prepared by the firm of Mc Comb Knutson are enclosed. Since the property is contiguous with the city of Oak Park Heights and with recent single family development, (Swaggerts subdivision) we request that the city of Oak Park Heights consider our proposal for utility service to this subdivision. Thanks for your consideration of this important matter. We look forward to meeting with the council to discuss this project. Sincerly, Micheal N. Felix Director of Development enclosures MNF:kI3 *SON, RALEIGH & MARSHALL. P.A. LAWYERS N0.`G PALE • 3880 LAVERNE AVENUE NORTH F4rMONO O MARS,Aj.L SCOTT McDONALG LAKE ELMO, MINNESOTA 55042 JOHN K.STIBBE 16121 777-6960 OF COUNSEL •4.SO ADMITTED IN W!SCONS N RODERICK A. LAWSON September 16, 1986 The Hon . Frank Sommerfeldt Mayor , City of Oak Park Heights PY 14168 - 57th Street North Stillwater , Minnesota 55082 Dear Mayor Sommerfeldt: We are representing Lux Realty, Inc . with respect to the possible development of a tract of land which has been platted as "Cleveland Terrace" . If you are not familiar with that plat, it contains 32 residential lots on a tract of land, approximately 20 acres in size , located on the West side of Oakgreen Avenue in Baytown Township. At the present time, there are two houses located on lots within the plat ; the other lots are unimproved. Lux Realty has a current listing and a prospective developer interested in redeveloping the unimproved portion of the plat. Jack Lux , who is very familiar with the market , is of the opinion that there is a substantial need in the Bayport-Oak Park Heights-Stillwater area for moderate priced urban lots to meet the local housing demand. He believes that the Cleveland Terrace land could be repiatted into urban size lots, which could be sold at a moderate price , if urban services - sanitary sewer , water and street maintenance - were available to the property. If such urban services are to be made available to Cleveland Terrace, they will have to be provided by the City of Oak Park Heights . I have reviewed your Comprehensive Plan , the Comprehensive Plan of the Town of Baytown and regional plans for the area which includes Cleveland Terrace. It appears to me that an extension of urban services to the Cleveland Terrace would not be inconsistent with any of those plans . There are, as you know, two possible ways for the City of Oak Park Heights to provide such services to the Cleveland Terrace land. The property could be annexed to and become a part of the City or the services could be provided, without annexation , under a written agreement with the Town of Baytown. / r U�% 410 Oak Park Heights City Council September 16, 1986 Page Two Mr . Lux and his associates believe that the development of this land into urban lots would be an excellent use of the land and would meet the demand of the local market for moderate priced residential lots. They are enthusiastic about the prospect, but they are not of a mind to commit a great deal of time and money towards planning of a project unless it appears that the City of Oak Park Heights is willing and able to provide the necessary municipal services. They realize that your willingness to provide such services will depend , to some extent, on the position of the Town of Baytown. For that reason, we are writing a similar letter to the members of the Town Board requesting an opportunity to discuss the matter with them. We would greatly appreciate it if you would provide a time for us on the agenda of one of your next Council meetings , so that we may present our request , answer any questions you may have, and ask for your help with this project. Yours truly, Donald T. Raleigh DTR:mas cc : City Clerk Dr . David H. Brandt Lux Realty 6.0 7:1"162. '"" w 92 91 \ -- 132-t,•zo- - - 25?.b ' I10 \ a3.5 b3.5 • 83• , 53.5 63-S ` 1 •D N N I M V ' i M M gb N N (/ 4, 2 11J L 10 9 8 7 hhiSp 1-50 '57.7. 1 ow ..,„fflig, iTlmii., ii6st.s.::\11.,, , 5.5. 0........7.,.5 .........__. ._, ., .5_ es. . b3; _Z� q _r !v.�; AL � ' ' t. ':."; ,.....„0 4°. C N 3 N 130 • v- M t8 . N 7 t M \M \� 02 — � d �, - gcp I 130 1O* b0 bo ,, Bo SO 50 -- ex' 0 k 83.5 53• i 63.5 53.511 63.5 63.5 83.5 111 a0 130 11\ t`, StA tr N, >s N Me IP l f 1$ 2 't to 9 8 7•M Z rad • 83 .5 b3-5 83 - 03• 53.5 b .5 a 7 75 _ yq� 7. - -74` 7f5- big - �2 [ l�` 5311if�* \ 8 Pis F,S 85 85 9U Q i 9 7 - M a �% 1 7- d - til 0 co 1n J �- 1 t 1 9 S E,G." ii5 55 .. F55 85 b5 8� _ _ . - -I328.2• - - - \ -1(0 72.2 72 7b 7q 71 LEGAL. C».SC l P11OP : ,---- -- Lots 1 to 7 inclusive and Lots 9 -and 10, Block 1; 34 Lot 1 and Lots 3 to 14 inclusive Block 2; � sz.1 Lots 4 to 8 inclusive and Lots 1 and 2, Block 3; All in CLEVELAND TERRACE according to the recorded plat thereof. ALSO That part of Bryant Road as dedicated in the plat of CLEVELAND TERRACE,' according to the recorded plat thereof, lying between the westerly extension of the north and south line of Block 2, said CLEVELAND TERRACE. [I _ - VD' F KGNT YAKD 1 A1NAC,c *<.)-t-t 1-Y (O I EAsEnavT L___ -1 PUZ --NPt GA NC . j 3O' 5 eZ ELK I I ,`. _; I I I � J � N� I HOUSE 7 — ~- (0 ' S1DE .k. 3ALK YARD 1.5.21 DRAINAGE UT\UT`( ( jSEMENT ‘k 1 PO'�L1 C. S i K �:T , . Pl CAL U T LA (OUT � NOT TO SCALE k. . MCCOMBS-KNUTSON ASSOCIATES, INC. 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