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HomeMy WebLinkAboutBaytown 1992 f i ' 9068 9069 INCORPORATION,DETACHMENT,ANNEXATION 414.031 . ' i c bes the (i) Adequacy of town government to deliver services to the area; and . (j) Analysis of whether necessary governmental services can best be provided li S[ county through incorporation or annexation to an adjacent municipality. j Based upon these factors,the board may order the incorporation if it finds that(a) } the property to be incorporated is now, or is about to become, urban or suburban in i character,or(b)that the existing township form of government is not adequate to pro- i :; < tect the public health, safety, and welfare, or(c)the proposed incorporation would be ,. pundary in the best interests of the area under consideration.The board may deny the incorpora- j brporate non if the area,or a part thereof,would be better served by annexation to an adjacent ' I copy of municipality. s The board may alter the boundaries of the proposed incorporation by increasing �r includes or decreasing the area to be incorporated so as to include only that property which is I support now, or is about to become, urban or suburban in character, or may exclude property f that may be better served by another unit of government. In all cases, the board shall ; , t E & . set forth the factors which are the basis for the decision. l Notwithstanding any other provision of law to the contrary relating to the number of wards which may be established,the board may y provide for election of council mem- ivides the ,r hers by wards,not less than three nor more than seven in number,whose limits are pre- a ` for incor- scribed in the board order upon a finding that area representation is required to accord '' ty owners proper representation in the proposed incorporated area because of uneven population ! the limits „`x density in different parts thereof or the existence of agricultural lands therein which are t, en platted in the path of suburban development,but after four years from the effective date of an m shall be c, incorporation the council of the municipality may by resolution adopted by a four- f' nunicipal- fifths vote abolish the ward system and provide for the election of all council members the reason y, at large as in other municipalities. idarY ltd ' The board's order for incorporation shall provide for the election of municipal offs- i Won made cers in accordance with section 414.09.The plan of government shall be"Optional Plan i a time and I A".provided that an alternate plan may be adopted pursuant to section 412.551,at any 1 ' time The ordinances of the township in which the new municipality is located shall i i ` the fot- 'der continue in effect until repealed by the governing body of the new municipality. S • ubd. 4. Effective date of incorporation. lion for the ; , rporation.The incorporation shall be effective upon the election and qualification of new municipal officers or on such later date as is fixed `.. by the board in its order. ropo fat History: 1959 c 686 s 2; 1961 c 645 s 2; 1963 c 807 s 6,7; 1965 c 899 s 6-11; 1969 ` , tphY, " , 4: . c 1144 s 8; 1973 c 123 art 4 s 5; 1975 c 271 s 6; 1978 c 705 s 12; 1986 c 444; 1988 c 719 major ' ' _ T ., 61 5 r 84; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 2 s 11 1 € resld , ,, t t de , 41 $21 [Repealed, 1978 c 705 s 33] i e t vay ' >w3 [Repealed, 1969 c 1146 s 20] , , : indo t X31 A`NEXATION OF UNINCORPORATED PROPERTY TO A MUNICI- e m r4UT BY BOARD ORDER. l and ttsc Sebdivision § r 1.Initiating the proceeding.A proceeding for the annexation of unin- ; s ri, Lela Property abutting a municipality may be initiated by submitting to the exec- i i. ing" - la:netor and the affected township one of the following: .► pverIn r:. (s1 A resolution of the annexing municipality; ` th ,' � !S! �►resolution of the township containing the area proposed for annexation; i e ,,,.�1 txtition of 20 '. . percent of the property owners or 100 property owners,which- .1 w .m the area to be annexed; ' fit, l p , ' .} resolution of the municipal council together with a resolution of the town- [ r . ooi - Ming their desire to have the entire township annexed to the municipality. i i+ ' '� Detitio f -,- n,or resolution shall set forth the boundaries of the territory proposed Olt' W the names of all parties entitled to notice under section 414.09,and the i i u.. "- westing annexation. If the proceeding is initiated by a petition of prop- , Ir,. i,. 11 9070 414.031 INCORPORATION,DETACHMENT,ANNEXATION h atx 9071 a ' 4 erty owners,the petition shall be accompanied by a resolution of the annexing munici- - (a)if i 1; � pality supporting the petition. ay we r- i t 1 Subd. 2. [Repealed, 1973 c 621 s 9] _ der o1 Subd. 3.Board's hearing and notice.Upon receipt of a petition or resolution initi- T , `, i ating an annexation the executive director shall designate a time and a place for a hear- n _ ing in accordance with section 414.09. "; r ' t � Subd. 4.Board's order.In arriving at its decision,the board shall consider the fol. '�, � the ar ` lowing factors: area, If the ', (a) Present population, past population growth and projected population of the panty ' 4 1 ! property proposed for annexation and the annexing municipality, , by �� 1 r 1 1 (b) Quantity of land within the property proposed for annexation and the annex- v S.In �' k i, i .i ing municipality;and natural terrain including general topography,major watersheds, S {{{ soil conditions and such natural features as rivers, lakes and major bluffs; aced u iitii (c) Degree of contiguity of the boundaries between the annexing municipality and the eh 1,; the property proposed for annexation; "; manic KI r (d) Present pattern of physical development of the property proposed for annexa- erns tl tion and the annexing municipality including residential,industrial,commercial,agri- x„ memt I k f` ii j a f.: cultural and institutional land uses;the present transportation network and potential the to transportation issues, including proposed highway development; f ',oven E` w i ' � �f (e) Land use controls and planning presently being utilized in the annexing manic- N 7 ,E§ it ipality and the property proposed for annexation, including comprehensive plans for for elt • ' development in the area and plans and policies of the metropolitan council.If there is �. numb t ' ii.l. an inconsistency between the proposed development and the land use planning ordi- suet= , 9 i / 3 nance in force, the reason for the inconsistency; uneve(f) Present governmental services being provided in the annexing municipality n lands and the property proposed for annexation,including water and sewer service,fire rating the e6 l and protection,police protection,street improvements and maintenance, administra- , .` adopt. ark �•; tive services, and recreational facilities; :.::'!' aU cot e, * (g) Existing or potential problems of environmental pollution and the need for of the If li i! additional services to resolve these problems; t•` (h) Plans and programs by the annexing municipality for providing needed gov- ,=" that p s §' .. officer emmental services to the property proposed for annexation; in that °' a r`+ (i) Fiscal data of the annexing municipality and the property proposed for annexa- w., in th t I/ tion,including net tax capacity and the present bonded indebtedness,and the local tax diction f ? 1 : s e t rates of the county, school district, and township; shall a (j) Relationship and effect of the proposed annexation on communities adjacent sots a to the area and on school districts within and adjacent to the area; makin ,: proposed fort- same i (k) Adequacy of town government to deliver services to the property p p the ml annexation; (1) Analysis of whether necessary governmental services can best be provided 7- a' :=h : ; through incorporation or annexation to an adjacent municipality;and previc (m) If only a part of a township is annexed, the ability of the remainder of the Si { township to continue or the feasibility of it being incorporated separately or being annexed to another municipality. 'then 1 is"' Based upon these factors,the board may order the annexation(a) if it finds that the en i. the property proposed for annexation is now,or is about to become,urban or suburban boa.x in character,or(b)if it finds that municipal government in the area proposed for annex , ation is required to protect the public health,safety, and welfare,or(c)if it finds that Mined the annexation would be in the best interest of the property proposed for annexation" If only a part of a township is to be annexed, the board shall consider whether the hoard remainder of the township can continue to carry on the functions of government with bon.i. out undue hardship. The board shall deny the annexation if it finds that the increase dectic in revenues for the annexing municipality bears no reasonable relation to the monetary 1,. Obis value of benefits conferred upon the annexed area.The board may deny the annexation public k 1 9070 t Q0-1 INCORPORATION,DETACHMENT,ANNEXATION 414.031 1: 1 .1g munici- (a)if it appears that annexation of all or a part of the property to an adjacent municipal- k its would better serve the interests of the residents of the property or(b)if the remain- der of the township would suffer undue hardship. t'' 1,l1 l 1 ition initi- The board may alter the boundaries of the area to be annexed by increasing or for a hear- decreasing the area so as to include only that property which is now or is about to i ` become urban or suburban in character or to add property of such character abutting , , i ler the fol- ',,: the area proposed for annexation in order to preserve or improve the symmetry of the , area.or to exclude property that may better be served by another unit of government. f,•; ; ion of the If the board determines that part of the area would be better served by another munici- pality or township,the board may initiate and approve annexation on its own motion he annex- ,, by conducting further hearings and issuing orders pursuant to subdivisions 3, 4, and Iatersheds, 5. I n all cases,the board shall set forth the factors which are the basis for the decision. Subd. 4a.Proceedings initiated by joint resolution.If the proceeding has been initi- 'c ¢ Ipality and ated under subdivision 1,clause(d),any annexation order shall include a provision for w. the election of new municipal officers in accordance with section 414.09.The expanded e . , 14r annexe- municipality shall be governed by the home rule charter or statutory form which gov- r r a a ems the annexing municipality,except that any ward system for the election of council gn- members shall be inoperable. The ordinances of both the annexing municipality and potential the township shall continue in effect within the former boundaries until repealed by the governing body of the new municipality. sg munic- Notwithstanding any other provision of law to the contrary the board may provide plans for for election of council members by wards,not less than three nor more than seven in If there is number,whose limits are prescribed in the board order,upon a finding that area repre- t ling ordi- :; sentation is required to accord proper representation in the municipality because of uneven population density in different parts thereof or the existence of agricultural nicipality lands therein which are in the path of suburban development;but after four years from are rating " the effective date of an annexation the council of the municipality may by resolution ministra- adopted by a four-fifths vote abolish the ward system and provide for the election of all council members at large. need for - Until the effective date of the annexation order,the town board and other officers of the town shall continue to exercise their powers and duties under the town laws in ,ded gov- that portion of the municipality that was formerly the town,and the council and other I . officers of the annexing municipality shall continue to exercise their powers and duties r annexa- in that portion of the expanded municipality that was formerly the municipality.There- , local tax after the town board and the council of the annexing municipality shall have no juris- l diction within the municipality,and the new municipal council and other new officers adjacent shall act in respect to any matters previously undertaken by the town board of supervi- sors or municipal council within the limits of the expanded municipality,including the -- making of any improvement and the levying of any special assessments therefor in the posed for same manner and to the same effect as if such improvement had been undertaken by the municipality. t ; provided The new municipal council may continue or discontinue any board that may have ' previously existed in the town or former municipality. er of the z.. . Subd. 5.Annexation election.Where the proceeding for annexation has been initi- 1 ' or being ,,: ated by petition of a majority of the property owners within the area to be annexed or when the board has assumed jurisdiction under subdivision 1,clause(d)and orders that Inds that the entire township named in the resolution be annexed to the city named in the resolu- uburban ,, lion, no referendum is required. In all other instances the order of the board shall fix ; >r annex- a day, not less than 20 days nor more than 90 days, after the entry of such an order, 1 i Inds that , ^ 1 when an election shall be held at a place designated by the board within the area deter- i # lexation mined by the board to be primarily and substantially interested in or affected by the ;then the board order. The executive director shall cause a copy of the order affirming the peti- ; not with- i lion,including the notice of the election,to be posted not less than 20 days before the ` increase �: election in three public places in the area, and shall cause notice of the election to be i.? ionetary published two successive weeks in a newspaper qualified as medium of official and legal i ' t } 1.=i sexatioa ,s v, publication, of general circulation, in the area. The board shall appoint the necessary ,, k { `r I t 4 l 1 9072 414.031 INCORPORATION,DETACHMENT,ANNEXATION 907: 1 a ` election judges from voters resident in the area and shall supervise them in their duties. ' , . + The board shall designate the polling place or places,using so far as possible the usual t.` {` I polling place or places.The polls shall be open at least 13 hours and until at least 8:00 .. pro . F p.m.The judges shall conduct the election so far as practicable in accordance with the I , ;, !i laws regulating special elections. Only voters residing within the area primarily and ing . substantially interested in or affected by the board's order shall be entitled to vote.The foil ' ' - ballot shall bear the words"For Annexation"and"Against Annexation"with a square ' F i _ before each of the phrases in one of which the voter shall make a cross to express a the t' t 6 t j choice.The ballots and election supplies shall be provided and the election judges shall be paid by the petitioners or annexing municipality.Immediately upon completion of : uo. K.`4 ' the counting of the ballots,the judges of the election shall make a signed and verified cut certificate declaring the time and place of holding the election,that they have canvassed tra 1 " the ballots cast,and the number cast both for and against the proposition,and they shall M ,▪ , l a p then file the certificate with the executive director of the board.If the certificate shows the majority of the votes cast were"For Annexation"the board's order shall be effective ipa • i 4; M ' in accordance with subdivision 6.If a majority of votes were cast against the annexa- - r de, r tion,the board shall not issue an order for annexation.If the annexation is denied,or s,,4 :, an • if it is defeated in the referendum, no proceeding for the annexation of substantially ' ,' na -t , ,- iF 1'." the same area may be initiated within two years from the date of the board's order, '".' €, °' t,: '`k b unless the new proceeding is initiated by a majority of the area's property owners and as 1. the petition is supported by any abutting townships and municipalities.The executive an director shall upon receipt of the certificate notify all parties of record of the election . !t` results. s -_-=._ Subd. 6. Effective date of annexation.The annexation shall be effective as of the l ' date fixed in the annexation order or on such later date as is fixed in the annexation order. i :f t History: 1969 c 1146 s 10;1973 c 123 art 5 s 7;1973 c 621 s 11;1975 c 271 s 6; 1978 1 c 705 s 13; 1986 c 444; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1 Sp1989 c 1 art Y., i 2s11 - fa ti i1 t t i :t's' Li, 414.032 [Repealed, 1978 c 705 s 331 1. o j 414.0325 ORDERLY ANNEXATIONS WITHIN A DESIGNATED AREA. 1 it Subdivision 1.Initiating the proceeding.One or more townships and one or more pi it if , -;t municipalities,by joint resolution, may designate an unincorporated area as in need of orderly annexation and may confer jurisdiction on the board over annexations in the tb 4 l :, designated area and over the various provisions in said agreement by submission of a,, I said joint resolution to the executive director.The resolution shall include a description tc of the designated area.Thereafter,an annexation of any part of the designated area may al 1,;1 v i k . be initiated by submitting to the executive director a resolution of any signatory to the ' joint resolution or by the board of its own motion. Whenever the pollution control agency or other state agency pursuant to sections 115.03, 115.071, 115.49,or any law d - t giving a state agency similar powers,orders a municipality to extend a municipal ser- n I. ; vice to a designated unincorporated area,such an order will confer jurisdiction on the fi ii, 1' Minnesota municipal board to consider designation of the area for orderly annexation. E If a joint resolution designates an area as in need of orderly annexation and states i that no alteration of its stated boundaries is appropriate, the board may review and tl b' i'''l rt t comment,but may not alter the boundaries. provides a If a joint resolution designates an area as in need of orderly annexation,p 1 for the conditions for its annexation, ano that no c nertio by the bad i necessary, the board may review a cmment but within order the f t annexation in accordance with the terms of the resolution. Subd. 2. Board's hearing and notice.Upon receipt of a resolution for annexation t t of a part of the designated area,the executive director shall set a time and place for 3 hearing in accordance with section 414.09. i Subd. 3.Board's order.In arriving at its decision,the board shall consider the fol- • lowing factors: Kud- 'I13I q z. SENT OF OOM • ' Uy�9� UNITED STA DEPARTMENT OF COMMERCE BAS-33-L Bureau of the ensus (8-91) " %)„, .T Washington, DC 20233-0001 O� 6'"'ES OFFICE OF THE DIRECTOR January 3, 1992 1327 X11 1 1 1111111 1 111 11 CITY CLERK OAK PARK HEIGHTS CITY 14158 57TH ST NO BOX 2007 STILLIIATERF PIN 55082 FROM THE DIRECTOR BUREAU OF THE CENSUS The Bureau of the Census conducts a periodic survey of municipalities throughout the United States in order to maintain a continuing record of new incorporations, disincorporations, and changes in municipal boundaries. The Census Bureau uses the results of this voluntary survey to assure that it has correct boundaries and names for the presentation of statistical data from its censuses and sample surveys. With your help and cooperation in this voluntary survey, the Census Bureau can maintain up-to-date records. We know that the boundaries of incorporated municipalities in certain states rarely change, that disincorporations occur infrequently, and that some municipalities are unable to change their boundaries. Your area has a record of few or no changes. To ensure that our records remain correct, please complete the survey questionnaire printed on the back of this letter. Be sure to sign and date the upper portion of the form and return it to us using the enclosed return envelope. If there have been any changes, we will send you a map and instructions for showing the changes after we receive this questionnaire. Please return the completed questionnaire within 15 days after receipt of this letter. If you have any questions concerning this request, please write of telephone our staff at the address or telephone number shown below. Thank you for your cooperation in this important survey. The Census Bureau is grateful to you for your help. Sincerely, Barbara Everitt Bryant Enclosure Bureau of the Census For further information, Geography Branch please write or telephone 1201 East 10th Street Jeffersonville, IN 47132-0001 TELEPHONE: Area code(812) 288-3711 • 0.1B No.0607-0151:Approval Expires 06/30/93 BOUNDARY AND ANNEXATION SURVEY-INCORPORATED MUNICIPALITIES It is important that you answer all questions completely and sign the form. Please complete and return this form within 15 days after receipt, using the return envelope enclosed. We estimate that it will take 1/2 hour to complete this survey. This includes time to read the instructions, assemble material, organize and review the information, and maintain and report the information. If you have comments regarding these estimates or any other aspect of this survey, send them to the Associate Director for Management Services, Paperwork Reduction Project 0607-0151, Room 2027, Bureau of the Census, Washington, DC 20233-0001,;and to the Office df, s'_ Management and Budget, Paperwork Reduction Project 0607-0151, Washington,DC 20503. . `%''' Question 1 - Person completing this form _ Name- Print or type Title La. Vonne Wilson Admtin,vstnc ton/Titeaiscvicetc Number and street name, P.O. Box, etc. 14168 N 57th St - Box 2007 Mailing i address I Post Office name State ZIP Code Oak Pan.h. He-Lghtz MN 55082 Telephone i Area code Number Extension Signature Date number 612 439-4439 NA \ � � 1/27/92 Question 2- Do we show the name and type (for example, city, borough, village) of this municipality correctly on our mailing label? El Yes- SKIP to question 3 rid No-The correct name and type are- Please print Name Type Octh Panfi Heights (instead of St etwatvt) Month Day Year The effective date of this change was Question 3-Was there a change in the corporate boundary of this municipality during 1991? Month Day Year a Yes-The effective date of this change was ❑ No MaACh 26 1991 REMARKS 392 actces OLom Baytown Townish.i,p. FORM BAS-33(L)(8-91) • • CITY OF OAK PARK HEIGHTS 14168 - 57th Street North -Box 2007 OAK PARK HEIGHTS, MINNESOTA 55082 439-4439 April 15, 1991 Mr. & Mrs. Alvin Krueger 13201 North 60th Street Oak Park Heights, MN 55082 Dear Mr. & Mrs. Krueger: Please be advised that your property was annexed to the City of Oak Park Heights by the Minnesota Municipal Board effective March 26, 1991. Welcome! Your refuse and recyclables will be picked up by Junker Sanitation Friday mornings. Information is enclosed on recycling. Charge for refuse pickup is $15.00 per quarter with the city paying the additional fees. Your voting precinct is at City Hall, 14168 North 57th Street. Should you have any questions, please call us at the above number. Sincerely, CITY OF OAK PARK HEIGHTS :gaz4nA) La Vonne Wilson Administrator/Treasurer /1w Enc: 411 . CITY OF OAK PARK HEIGHTS 14168 -57th Street North -Box 2007 OAK PARK HEIGHTS, MINNESOTA 55082 439-4439 April 15, 1991 Mr. & Mrs. John Kern 5469 Stillwater Blvd. North Oak Park Heights, MN 55082 Dear Mr. & Mrs. Kern: Please be advised that your property was annexed to the City of Oak Park Heights by the Minnesota Municipal Board effective March 26, 1991. Welcome! Your refuse and recyclables will be picked up by Junker Sanitation Friday mornings. Information is enclosed on recycling. Charge for refuse pickup is $15.00 per quarter with the city paying the additional fees. Your voting precinct is at City Hall, 14168 North 57th Street. Should you have any questions, please call us at the above number. Sincerely, CITY OF OAK PARK HEIGHTS La Vonne Wilson Administrator/Treasurer /1w Enc: 1 CITY OF OAK PARK HEIGHTS 14168 -57th Street North - Box 2007 OAK PARK HEIGHTS, MINNESOTA 55082 439-4439 April 15, 1991 Mr. & Mrs. Fritz Oltmanns 13001 North 60th Street Oak Park Heights, MN 55082 Dear Mr. & Mrs. Oltmanns: Please be advised that your property was annexed to the City of Oak Park Heights by the Minnesota Municipal Board effective March 26, 1991. Welcome! Your refuse and recyclables will be picked up by Junker Sanitation Friday mornings. Information is enclosed on recycling. Charge for refuse pickup is $15.00 per quarter with the city paying the additional fees. Your voting precinct is at City Hall, 14168 North 57th Street. Should you have any questions , please call us at the above number. Sincerely, CITY OF OAK PARK HEIGHTS (.. /T Vonne Wilson Administrator/Treasurer /1w Enc: • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J.VIERLING March 28, 1991 VICKI L. GIFFORD GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER (.(15 Ms. Barbara O'Neal, Mayor A City of Oak Park Heights 6213 St. Croix Trail N. , #204 MAR 2 9 1991 Stillwater, Minnesota 55082 Mr. Joe Carufel, Councilman 14625 North 57th Street Stillwater, Minnesota 55082 Mr. Jack Doerr, Councilman 14520 Upper 56th Street North Stillwater, Minnesota 55082 • Mr. Dean Kern, Councilman 5855 Oldfield Avenue North Stillwater, Minnesota 55082 Mr. Richard Seggelke, Councilman 14256 - 57th Street North Stillwater, Minnesota 55082 RE: In the Matter of the Petition for the Annexation of Certain Land to the City of Oak Park Heights Pursuant to Minnesota Statutes 414 Dear Mayor and Councilpersons: Enclosed herewith and provided to you for your information please find the Findings of Fact, Conclusions of Law and Order and Memorandum Opinion now issued by the Minnesota Municipal Board effective March 26, 1991, placing the property in issue within the City of Oak Park Heights. Yours very truly, lc/ VFOOF)la ;3 Mark J. Vierling MJV:kmk Enclosure cc: Ms. LaVonne Wilson Mr. Dan Parker Mr. and Mrs. Krueger Mr. and Mrs. Fritz Oltmanns Mr. and Mrs. Elmer Haase I !_ A-4789 Oak Park Heights BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA John W. Carey Chair Kenneth F. Sette Vice Chair Shirley J. Mihelich Commissioner Mary Hauser Ex-Officio Member Donald Scheel 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 ) AND MEMORANDUM OPINION The above-entitled matter came on for hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended on January 23, 1991 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 John W. Carey, Chair, Kenneth F. Sette, Vice Chair, and County Commissioners Donald Scheel and Mary Hauser, Ex-Officio Members of the Board. The petitioners and the City of Oak Park Heights appeared by and through Mark Vierling, Attorney at Law. The Town of Baytown made no formal appearance. 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. -2- FINDINGS OF FACT 1. On October 4, 1990, a petition by a majority of the property owners and an accompanying resolution of the annexing municipality was received by the Municipal Board requesting the Board to order annexation. The petition contained all the information required by statute, including a description of the territory subject to annexation, herein after referred to as "the subject area," which is as follows: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733.15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1,733.15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. 2. Due, timely and adequate legal notice of the hearing was published, served and filed. 3. The subject area is unincorporated, approximately 392 acres in size, and abuts the City of Oak Park Heights, hereinafter referred to as "Oak Park Heights," by approximately 25% of the • -3- subject area's border. 4. Oak Park Heights had a population of approximately 1,257 in 1970, approximately 2,591 in 1980, and has a current 1990 population of approximately 3,392. It is projected that in five years Oak Park Heights will have a population of approximately 3,650. 5. The Town of Baytown, hereinafter referred to as "Baytown," had a population of approximately 723 in 1970, approximately 851 in 1980, and has a current 1990 population of approximately 696. It is projected that in five years Baytown will have a population of approximately 800. 6. The subject area has a current 1990 population of approximately 3. 7. The subject area has wetlands and is near Cloverdale Lake and McDonald Lake. The terrain is flat to rolling with Antigo and Santiago type soils. The general soils maps indicate that the western portion of the subject area is primarily Antigo Series Soils, with lands in the central area primarily Santiago Series Soils. Antigo soils present problems for septic systems' proper use. There is presently a natural surface water retention pond in the southern portion of the subject area. 8. Oak Park Heights is approximately 1,287 acres in size. 9. Oak Park Heights has approximately 248 acres in residential use, approximately 405 acres in institutional use, -4- approximately 117 acres in commercial use, approximately 300 acres industrial use, and approximately 217 acres in vacant land. 10. Baytown is approximately 6,300 acres in size. 11. Baytown has approximately 5 acres in residential use, approximately 5 acres in commercial use, approximately 4,048 acres agricultural use, and approximately 2,242 acres in vacant land. 12 . The subject area has approximately 5 acres in residential use, approximately 5 acres in commercial use, approximately 209 acres in agricultural use, and approximately 172 acres in vacant lands. The proposed development in the subject area will include commercial, single-family residential, multi-family residential, and public/institutional type uses. 13. Oak Park Heights provides its residents with the following municipal services: water, sanitary sewer and wastewater treatment, storm sewer, solid waste collection and disposal, fire protection through a contract with the Bayport Fire Department, police protection, street improvements and maintenance, administrative services, and recreational opportunities. 14. The city presently does not provide any direct services to the subject area. 15. The city is willing to provide all of the services it presently provides to its residents to the subject area. 16. The township presently provides the subject area with fire protection through a contract with the Bayport Fire Department -S- and administrative services. The township contracts with the Washington County Sheriff's Department for police service, the Washington County Public Works Department and private contractors for road maintenance, and private haulers and a contract recycler for waste removal. These are the same services provided to the remainder of the township. 17. Presently, development within the subject area is served by on-site septic systems and private wells. If the subject area is annexed, the city plans to extend municipal sanitary sewer and water. 18. There are no known environmental problems within the subject area. 19. The soil conditions are not conducive to development with on-site individual septic systems. To avoid potential pollution from such systems, Oak Park Heights has proposed the extension of municipal sanitary sewer and water to the subject area. 20. Oak Park Heights has approximately 14 miles of highways, streets, and roads, Baytown has approximately 21 miles in highways, streets, and roads, and the subject area has approximately 1/2 mile of highway. The subject area abuts State Highway 5 and State Highway 36. 21. Oak Park Heights has a zoning ordinance, subdivision regulations, an official map, capital improvements program and budget, fire code, floodplain ordinance, wild and scenic rivers ordinance, and a sanitation ordinance. The city has a -6- comprehensive plan which was adopted in 1978 and revised in 1988. 22. Baytown has a comprehensive plan adopted in 1981. 23. Washington County has a zoning ordinance, subdivision regulations, an official map, capital improvements program and budget, fire code, shoreland ordinance, floodplain ordinance, wild and scenic rivers ordinance, and a sanitation ordinance. The county adopted a comprehensive plan in 1981. 24. The current zoning of the subject area includes commercial, agricultural and single-family residential zones. 25. If the subject area is annexed to Oak Park Heights, the Oak Park Heights Comprehensive Plan anticipates commercial and residential uses. At the time of the adoption of the comprehensive plan, there was not sufficient available land to accommodate the school. 26. Payable 1990, Oak Park Heights has an assessed value of $194,515,200.00. Its net tax capacity is $7,115,089.00, its local unit of government tax rate is 17 .408, and it has two special taxing districts with tax rates of . 603 and 4.256. Oak Park Heights has a total bonded indebtedness of $1,190,000.00 . 27. Payable 1990, Baytown has an assessed value of $39,714,600.00. Its net tax capacity is $817,092.00 and its local unit of government tax rate is 9.989. The town has two special taxing districts with tax rates of 2.433 and 3.746. Baytown has a total bonded indebtedness of $30,000.00. 28. Payable 1990, the subject area has an assessed value of 111 111 -7- $1,261,900.00. Its net tax capacity is $43,506.00, which is calculated prior to the removal of the land which the school district owns and will be using for the construction of the new school. 29. Payable 1990, Washington County has a tax rate of 24.934 and the school district has a tax rate of 43.785. These tax rates are the same for both Oak Park Heights and Baytown. 30. Oak Park Heights has a fire insurance rating of 7 . 31. Baytown has a fire insurance rating of 9. 32. The annexation of the subject area will have a direct impact on the school district, since a portion of the subject area is the site proposed for the construction of the new Stillwater School District Senior High School. It is anticipated the building will initially be approximately 325,000 square feet with expansion capabilities to 375,000 square feet. The student population is anticipated initially to be 2,000 with expansion capabilities up to 2,400. A school bond issue for the construction of the new senior high school passed in December, 1990, with approximately 60% of those voting in favor of the bond issue. 33. Surface water drainage from the subject area will be in a southerly direction toward McDonald Lake area. It is anticipated that natural ponds will be expanded within the subject area to accommodate the necessary water retention capability. It is planned that the surface water will 111 411 -S- not flow off of the subject area faster than it presently does at the conclusion of the construction of both the school and the necessary water retention holding areas. 34. The remainder of Baytown can continue to carry on the functions of government without the subject area without undue hardship. 35. The City of Stillwater abuts the subject area across State Highway 36. Oak Park Heights is the only municipality adjacent to the subject area and south of State Highway 36. CONCLUSIONS OF LAW 1. The Minnesota Municipal Board duly acquired and now has jurisdiction of the within proceeding. 2. The subject area is now or is about to become urban or suburban in nature, in need of or will be in need of municipal services, and the annexing municipality is capable of providing the services required by the subject area within a reasonable time. 3. The existing township form of government is not adequate to protect the public health, safety, and welfare of the subject area. 4. The annexation would be in the best interests of the subject area. 5. This Minnesota Municipal Board proceeding is not subject to an annexation election, since the petition was initiated by a majority of the property owners. 6. An order should be issued by the Minnesota Municipal • -9- Board annexing the subject area described herein. O R D E R 1. IT IS HEREBY ORDERED: That the property described in Findings of Fact 1 herein, be and the same is hereby annexed to the City of Oak Park Heights, Minnesota, the same as if it had originally been made a part thereof. 2. IT IS FURTHER ORDERED: That the population of the City of Oak Park Heights is hereby increased by 3 persons. 3 . IT IS FURTHER ORDERED: That the population of the Town of Baytown is hereby decreased by 3 persons. 4. IT IS FURTHER ORDERED: That the effective date of this order is March 26, 1991. Dated this 26th day of March, 1991. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul, Minnesota 55101 Terrence A. Merritt Executive Director • • A-4789 Oak Park Heights M E M O R A N D U M The Municipal Board takes this opportunity to highlight the need for the school district to insure that surface water runoff generated by the thousand car parking lot, incumbent driveways, as well as a 325,000 square foot building, is accommodated within its land and not a problem to the surrounding areas. The testimony before the Board continually articulated the willingness of the school district to work with the city and its engineers to insure that the surface water runoff was properly addressed. The Board is confident that these assurances will be met. Additionally, the State Highway 5 access to the school could create traffic hazards. The Board is confident that the school will work together with the Minnesota Department of Transportation, Oak Park Heights, and Washington County to insure that the intersections necessary for access will not be intersections for danger. The Board is confident that these issues, while addressed at the hearing will be thoroughly dealt with as construction of the new Stillwater High School is completed WI , 27. 6-5' • • A-4789 Oak Park Heights RECEIVE" MAR 2 8 1991 BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA John W. Carey Chair Kenneth F. Sette Vice Chair Shirley J. Mihelich Commissioner Mary Hauser Ex-Officio Member Donald Scheel 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 ) AND MEMORANDUM OPINION The above-entitled matter came on for hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended on January 23, 1991 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 John W. Carey, Chair, Kenneth F. Sette, Vice Chair, and County Commissioners Donald Scheel and Mary Hauser, Ex-Officio Members of the Board. The petitioners and the City of Oak Park Heights appeared by and through Mark Vierling, Attorney at Law. The Town of Baytown made no formal appearance. 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. P • • -2- FINDINGS OF FACT 1. On October 4, 1990, a petition by a majority of the property owners and an accompanying resolution of the annexing municipality was received by the Municipal Board requesting the Board to order annexation. The petition contained all the information required by statute, including a description of the territory subject to annexation, herein after referred to as "the subject area," which is as follows: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733.15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1,733. 15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. 2. Due, timely and adequate legal notice of the hearing was published, served and filed. 3. The subject area is unincorporated, approximately 392 acres in size, and abuts the City of Oak Park Heights, hereinafter referred to as "Oak Park Heights," by approximately 25% of the -3- subject area's border. 4. Oak Park Heights had a population of approximately 1,257 in 1970, approximately 2,591 in 1980, and has a current 1990 population of approximately 3,392. It is projected that in five years Oak Park Heights will have a population of approximately 3,650. 5. The Town of Baytown, hereinafter referred to as "Baytown," had a population of approximately 723 in 1970, approximately 851 in 1980, and has a current 1990 population of approximately 696. it is projected that in five years Baytown will have a population of approximately 800. 6. The subject area has a current 1990 population of approximately 3. 7. The subject area has wetlands and is near Cloverdale Lake and McDonald Lake. The terrain is flat to rolling with Antigo and Santiago type soils. The general soils maps indicate that the western portion of the subject area is primarily Antigo Series Soils, with lands in the central area primarily Santiago Series Soils. Antigo soils present problems for septic systems' proper use. There is presently a natural surface water retention pond in the southern portion of the subject area. 8. Oak Park Heights is approximately 1,287 acres in size. 9. Oak Park Heights has approximately 248 acres in residential use, approximately 405 acres in institutional use, . • -4- approximately 117 acres in commercial use, approximately 300 acres industrial use, and approximately 217 acres in vacant land. 10. Baytown is approximately 6,300 acres in size. 11. Baytown has approximately 5 acres in residential use, approximately 5 acres in commercial use, approximately 4,048 acres agricultural use, and approximately 2,242 acres in vacant land. 12. The subject area has approximately 5 acres in residential use, approximately 5 acres in commercial use, approximately 209 acres in agricultural use, and approximately 172 acres in vacant lands. The proposed development in the subject area will include commercial, single-family residential, multi-family residential, and public/institutional type uses. 13. Oak Park Heights provides its residents with the following municipal services: water, sanitary sewer and wastewater treatment, storm sewer, solid waste collection and disposal, fire protection through a contract with the Bayport Fire Department, police protection, street improvements and maintenance, administrative services, and recreational opportunities. 14. The city presently does not provide any direct services to the subject area. 15. The city is willing to provide all of the services it presently provides to its residents to the subject area. 16. The township presently provides the subject area with fire protection through a contract with the Bayport Fire Department • -S- and administrative services. The township contracts with the Washington County Sheriff's Department for police service, the Washington County Public Works Department and private contractors for road maintenance, and private haulers and a contract recycler for waste removal. These are the same services provided to the remainder of the township. 17. Presently, development within the subject area is served by on-site septic systems and private wells. If the subject area is annexed, the city plans to extend municipal sanitary sewer and water. 18. There are no known environmental problems within the subject area. 19. The soil conditions are not conducive to development with on-site individual septic systems. To avoid potential pollution from such systems, Oak Park Heights has proposed the extension of municipal sanitary sewer and water to the subject area. 20. Oak Park Heights has approximately 14 miles of highways, streets, and roads, Baytown has approximately 21 miles in highways, streets, and roads, and the subject area has approximately 1/2 mile of highway. The subject area abuts State Highway 5 and State Highway 36. 21. Oak Park Heights has a zoning ordinance, subdivision regulations, an official map, capital improvements program and budget, fire code, floodplain ordinance, wild and scenic rivers ordinance, and a sanitation ordinance. The city has a • -6- comprehensive plan which was adopted in 1978 and revised in 1988. 22. Baytown has a comprehensive plan adopted in 1981. 23. Washington County has a zoning ordinance, subdivision regulations, an official map, capital improvements program and budget, fire code, shoreland ordinance, floodplain ordinance, wild and scenic rivers ordinance, and a sanitation ordinance. The county adopted a comprehensive plan in 1981. 24. The current zoning of the subject area includes commercial, agricultural and single-family residential zones. 25. If the subject area is annexed to Oak Park Heights, the Oak Park Heights Comprehensive Plan anticipates commercial and residential uses. At the time of the adoption of the comprehensive plan, there was not sufficient available land to accommodate the school. 26. Payable 1990, Oak Park Heights has an assessed value of $194,515,200.00. Its net tax capacity is $7,115,089.00, its local unit of government tax rate is 17.408, and it has two special taxing districts with tax rates of .603 and 4.256. Oak Park Heights has a total bonded indebtedness of $1,190,000.00. 27. Payable 1990, Baytown has an assessed value of $39,714,600.00. Its net tax capacity is $817,092.00 and its local unit of government tax rate is 9.989. The town has two special taxing districts with tax rates of 2.433 and 3.746. Baytown has a total bonded indebtedness of $30,000.00. 28. Payable 1990, the subject area has an assessed value of • -7- $1,261,900.00. Its net tax capacity is $43,506.00, which is calculated prior to the removal of the land which the school district owns and will be using for the construction of the new school. 29. Payable 1990, Washington County has a tax rate of 24. 934 and the school district has a tax rate of 43.785. These tax rates are the same for both Oak Park Heights and Baytown. 30. Oak Park Heights has a fire insurance rating of 7 . 31. Baytown has a fire insurance rating of 9. 32. The annexation of the subject area will have a direct impact on the school district, since a portion of the subject area is the site proposed for the construction of the new Stillwater School District Senior High School. It is anticipated the building will initially be approximately 325,000 square feet with expansion capabilities to 375,000 square feet. The student population is anticipated initially to be 2,000 with expansion capabilities up to 2,400. A school bond issue for the construction of the new senior high school passed in December, 1990, with approximately 60% of those voting in favor of the bond issue. 33. Surface water drainage from the subject area will be in a southerly direction toward McDonald Lake area. It is anticipated that natural ponds will be expanded within the subject area to accommodate the necessary water retention capability. It is planned that the surface water will • . -8- not flow off of the subject area faster than it presently does at the conclusion of the construction of both the school and the necessary water retention holding areas. 34. The remainder of Baytown can continue to carry on the functions of government without the subject area without undue hardship. 35. The City of Stillwater abuts the subject area across State Highway 36. Oak Park Heights is the only municipality adjacent to the subject area and south of State Highway 36. CONCLUSIONS OF LAW 1. The Minnesota Municipal Board duly acquired and now has jurisdiction of the within proceeding. 2. The subject area is now or is about to become urban or suburban in nature, in need of or will be in need of municipal services, and the annexing municipality is capable of providing the services required by the subject area within a reasonable time. 3. The existing township form of government is not adequate to protect the public health, safety, and welfare of the subject area. 4. The annexation would be in the best interests of the subject area. 5. This Minnesota Municipal Board proceeding is not subject to an annexation election, since the petition was initiated by a majority of the property owners. 6. An order should be issued by the Minnesota Municipal I -9- Board annexing the subject area described herein. O R D E R 1. IT IS HEREBY ORDERED: That the property described in Findings of Fact 1 herein, be and the same is hereby annexed to the City of Oak Park Heights, Minnesota, the same as if it had Y g , , originally been made a part thereof. 2. IT IS FURTHER ORDERED: That the population of the City of Oak Park Heights is hereby increased by 3 persons. 3. IT IS FURTHER ORDERED: That the population of the Town of Baytown is hereby decreased by 3 persons. 4. IT IS FURTHER ORDERED: That the effective date of this order is March 26, 1991. Dated this 26th day of March, 1991. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul, Minnesota 55101 //W Terrence A. Merritt Executive Director 4 111 A-4789 Oak Park Heights MEMORANDUM The Municipal Board takes this opportunity to highlight the need for the school district to insure that surface water runoff generated by the thousand car parking lot, incumbent driveways, as well as a 325 000 square foot building, is Y � . �N g• accommodated within its land and not a problem to the surrounding areas. The testimony before the Board continually articulated the willingness of the school district to work with the city and its engineers to insure that the surface water runoff was properly addressed. The Board is confident that these assurances will be met. Additionally, the State Highway 5 access to the school could create traffic hazards. The Board is confident that the school will work together with the Minnesota Department of Transportation, Oak Park Heights, and Washington County to insure that the intersections necessary for access will not be intersections for danger. The Board is confident that these issues, while addressed at the hearing will be thoroughly dealt with as construction of the new Stillwater High School is completed 14 j - '1/ - gypp- ^ e..CED V ED JAM 1 81991 • • ffidavlt of Publication The Courier News, January 10, 1991 NOTICE OF HEARING THE COURIER IN THE MATTER OF THE PETITION FOR THE ANNEXATION OF CERTAIN LAND TO THE CITY OF OAK PARK HEIGHTS STATE'OFMIMJESCifA ) PURSUANT TO MINNESOTA STATUTES 414 )83. Notice is hereby given that a public hear- ing OF WASHINGTON ing 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 23rd day of Robert Liberty,being duly sworn,on oath says that he Is the publisher or authorized agent and O Oak Park 1 ght,C in the Hall,Oak Pa Park Heights of Oak Park Heights City Hall,Oak Park Heights. Minnesota commencing at 9:30 a.m.All persons employee of the publisher of the newspaper known as The Courier,and has full knowledge of the facts . shall be given an opportunity to be heard orally and to submit written data,statements or argu- which are stated below: • ments concerning the above entitled matter. The right to testify and the admission of testi- (A) The newspaper has compiled with all of the requirements constituting qualification as a mony and other evidence shall be governed by i the Rules of the Minnesota Municipal Board. • qualified newspaper,as provided by Minnesota Statue 331A.02,331A.07,and other applicable laws,as [The Rules of the Minnesota Municipal Boarc may be purchased from the Documents amended. Section, 117 University Avenue, St. Paul, Minnesota 55155,(612)297.3000.1 (B) The printed NQTICE.11. .- INQ - 1123/91 The property proposed All that part is described as follows:All that part of Annexation of Land Section 6,Township 29 North,Range • „_ 20 West, lying and being easterly of the center line of Stillwater Boulevarc • North,also known as Minnesota Trunk Highway 5, formerly known as which is attached was cut from the columns of said newspaper,and was printed and published once the South 1,733.15 5 feet thereof. 212.excep i * 2 the South 1,733.15 feetlhereoG 1�hursday 10th The West 1/2 of the Southwest 1/4 of each week,for ---------successive weeks;k was first published on ,the Section 5,Township 29 North of flange 20 West, except the South 1,733.15 day of-------- , 19 91 and was thereafter printed and published on every Thursday to feet thereof. 17th January 1�1 The Northeast 1/4 of the Southwest and including the day of 1 ;and printed below Is a copy of the lower t/4 of Section 5,Township 29 North of Range 20 West. • case alphabet from A to Z,both inclusive,which is hereby acknowledged as being the'size and kind of The Section Southwest, ow of the Northwest of 1/4 Section 5,Township 29 North of Range 20 West. type used In the composition and publication of the notice: The North 1/2 of the Northwest 1/4 Section 5, Township 29 North of abcdefghljklmnopgrsttrvwxyz Range 20 West,excepting therefrom BY:i� that part thereof lying and being within TffLE:Pubfisfier the City of Oak Park Heights, Washington County,Minnesota. Subscribed and sworn to before me on this All of the above lying and being in the l�th County of Washington, State of ._ y ( -�4 Minnesota. After all testimony is complete and the 1 19-- AAAAAAAAAAA.A. AA record is closed,the Board will meet from time "'�' SUSAN C. FREDRICKSEN io time to deliberate, approve and issue its • findings and order.Persons desiring to be pre- . ` Notary Public-Minnesota sent at such meetings or conference call meet- 74•174V":;; Washington ton L`flutity ings should contact the Board Office. S Dated this 11t h day of December,1990 MINNESOTA r BOARD Notary Public V lift ' ` 165 Metro Square Building St.Paul,Minnesota 55105 is/Patricia D.Lundy RATE INFORMATION Patricia D.Lundy Assistant Director 1/10&1/17/91 • (1)Lowest classified rate paid by corn- merdal users for comparable space. (Line,wad,or inch rate) (2)Maximum rate allowed by law fnr the 2 /� above matter (Lb°,word,or Itch rate) (3)Rata ectuay charged for the above matter __�f3—s_�_ (Lire,word,or ince rate) Received Payment 19 The Courier By dJLLY.111\ill \77 ir13r tin C11i i�nil�"' RAPID NOTE DATE ;)ecem b Ai 6 , 1 99 0 FROM 11111. TO Piob Libeflt:1 Cit!! c“ Oak Paniz Haiaht,6 ' akiJ ) (;ti once the weeh Janucfty 7th and once ne weeL 0 Jalluarlu 14th. Any oucAtion4 , oive r;ic. a A SIGNED . . TOPS NO. 3702 LITHO U.S.A. ! 110 t A-4789 Oak Park Heights BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA John W. Carey Chair Kenneth F. Sette Vice Chair Shirley J. Mihelich 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 23rd day of January, 1991, 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: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, 411 -2- formerly known as Minnesota Trunk Highway 212, except the South 1,733.15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1,733.15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of 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 11th day of December, 1990. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul, Minnesota 55105 Patricia D. Lundy Assistant Director V I An Equal Opportunity Employer inkk4. - 9m Phone:(612)296-2428 4- • /NN STATE OF MINNESOTA MUNICIPAL BOARD 165 Metro Square Building 121 East Seventh Place v' St. Paul, Minnesota 55101-2142 December 11, 1990 Mark J. Vierling Assistant City Attorney Eckberg, Lammers, Briggs, Wolff & Vierling 1835 Northwestern Avenue Stillwater, Minnesota 55082 Re: Preparation for annexation hearing - A-4789 Oak Park Heights Dear Ms. St. Clair: A hearing will be held by the Municipal Board on the above- proposed boundary adjustment. Minnesota Statutes 414 requires the qu 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 7 be adjusted because of the board' s decision and will be based received upon the evidence recei at the hearing. One example is that the Department of Revenue will adjust he 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 cit Y, and the township, (3) the township mill levy, for township purposes only, on the area proposed for annexation payable in the year of the annexation. The parties involved may jointly stipulate specific facts which will expedite the proceeding. Enclosed is a suggested format for preparing a stipulation. 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 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 and specifically Rule 6000. 1200, which requires the petitioner to notify the board at least seven days prior to the hearing • 410 Mark J. Vierling December 11, 1990 Page Two of any personal knowledge of controversy regarding the hearing. Notice may be given 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. Please contact our office if you have any questions or if additional clarification is needed. Sincerely, MUNICIPAL BOARD Patricia D. Lun Assistant Director PDL:sj h Enclosures • • A-4789 Oak Park Heights BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA John W. Carey Chair Kenneth F. Sette Vice Chair Shirley J. Mihelich 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 23rd day of January, 1991, 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: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, 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: Map 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. Attached to the stipulation is a list of data resources and other agencies which may be helpful in providing data, resource information, and assistance. 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: Map 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. Attached to the stipulation is a list of data resources and other agencies which may be helpful in providing data, resource information, and assistance. PLEASE CROSS OUT ANY AREAS THAT CANNOT BE STIPULATED AND MAKE ANY ATTACHMENTS NECESSARY. To: Minnesota Municipal Board 165 Metro Square Building 121 East Seventh Place St. Paul, Minnesota 55101-2142 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: Projected Source 1970 1980 Current in 5 Years of Data Present City Present Town - Subject Area (b) Geographic Features: 1. Present Present Subject City Town Area Total Acreage 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. -2- 1 (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.) City Township Subject Area yes no yes no yes no Residential Institutional (tax exempt) Commercial Industrial Agricultural Vacant Lands 2. What type of development is proposed for the annexation area? 3. The present transportation network: Highways, Streets Number of miles of: and Roads Present City Present Town Subject Area 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: Adoption Date & Status of Plan No Existing Plan City Township County Region • -3- • 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, described: 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 Town County Date Adopted yes no yes no yes no city town county Zoning Subdivision Regulations Official Map I Capital Improve- ments Program & Budgets Fire Code Shoreland Ord. Floodplain Ord. Wild & Scenic Rivers Ord. Sanitation Ord. (on-site sewage treatment) 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 . y -4- (f) Present governmental services being provided in the annexing municipality and the property proposed for annexation: City pro- City pro- City will Township Township vides to vides to provide to provides provides City: Subject to Subject to Town- to Subject Area: Area: ship: Area: yes no yes no yes no yes no yes no * Water ** Sanitary Sewer/Waste- water Treat. Storm Sewer Solid Waste Collection & Disposal Fire Protection Police Protection Street Improvements Street Maintenance Administ. Services Recreational Other * If city does not provide water to the subject area, who does? Would city take over or allow existing use? ** If city does not provide sewer to the subject area, who does? Would city take over or allow existing use? -5- (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 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: Trend over last Present Present Subject three years: Classification City: Township: Area: (e.g. increasing, Year: Year: Year: decreasing, stable) Assessed Valuation Tax Rate: County _ w Local Unit of Gov't School Dist. Special Taxing Dist. Insurance - Rating (fire) Levy Limit Actual Current Levy Total Bonded Indebtedness (j) Would the proposed action affect area school districts or adjacent communities? yes no • • -6- (k) Are new services necessary for subject area? yes no Does township have capacity to provide? yes no (1) Could necessary governmental services best be provided by incorporating or annexation to an adjacent municipality to township? yes no (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 Town of , this day of , 19 • Chair Town Clerk 8/90 • • DATA RESOURCES 1. POPULATION: (Twin Cities Metro Area) Metropolitan Council State Demographer Mears Park Centre 200 Capitol Square Building 230 East Fifth Street 550 Cedar Street St. Paul, Minnesota 55101 St. Paul, Minnesota 55101 (612) 291-6359 (612) 296-2557 2. GEOGRAPHIC FEATURES: County Soil and Water Conservation Office University of Minnesota Department of Agriculture Agricultural Extension Office Soil & Water Conservation Board 490 Coffey Hall 90 West Plato Boulevard 1420 Eckles Avenue St. Paul, Minnesota 55107 St. Paul, Minnesota 55108 (612) 297-2200 (612) 625-1915 Planning Information Center 300 Centennial Building 658 Cedar Street St. Paul, Minnesota 55155 (612) 296-1211 3. LAND USE: Metropolitan Council Planning Information Center Mears Park Centre 300 Centennial Building 230 East Fifth Street 658 Cedar Street St. Paul, Minnesota 55101 St. Paul, Minnesota 55155 (612) 291-6359 (612) 296-1211 4. TRANSPORTATION: Local City and Township Offices County Engineer Minnesota Department of Transportation Transportation Building John Ireland Boulevard St. Paul, Minnesota 55155 (612) 296-1638 5. ENVIRONMENTAL: Local City, Township, and County Offices Minnesota Pollution Control Agency Minnesota Department of Health 520 Lafayette Road 717 Delaware Street, Southeast St. Paul, Minnesota 55155 Minneapolis, Minnesota 55414 (612) 296-6300 (612) 623-5000 • . . -2- Planning Information Center 300 Centennial Building 658 Cedar Street St. Paul, Minnesota 55155 (612) 296-1211 6. PLANNING: County Zoning Administrator State Planning Agency 300 Centennial Building Regional Development Commissions 658 Cedar Street St. Paul, Minnesota 55155 Local Planning Board & Commissions (612) 296-3985 Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101 (612) 291-6359 7. GOVERNMENTAL SERVICES: City, Township, County, and Regional Development Commissions 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 Planning Agency, 300 Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155 (612) 296-3985. Useful publications are available from the League of Minnesota Cities, 183 University Avenue, East, St. Paul, Minnesota 55101 (612) 227-5600: Annexation of Land to Minnesota Cities, Consolidation of Cities, and A Guide for New Cities. z Sri. An Equal Opportunity Employer • � Phone:(612)296-2428 STATE OF MINNESOTA MUNICIPAL BOARD 165 Metro Square Building 121 East Seventh Place St. Paul, Minnesota 55101-2142 December 11, 1990 LaVonne Wilson City Administrator Oak Park Heights City Hall 14168 North 57th Street Box 2007 Stillwater, Minnesota 55082 Re: A-4789 Oak Park Heights Dear Ms. Wilson: The Municipal Board has scheduled a hearing in the above- entitled matter as per the enclosed Notices of Hearing. Please publish this Notice of Hearing for two successive weeks . (once each week) before the hearing in the newspaper qualified as a medium of official publication in the area to be considered. Please send our office an Affidavit of Publication at the expense of the petitioners. This notice must be published before the hearing date stated in the Notice of Hearing. In the case of requests for a continuance of the stated hearing date, do not stop publishing the notice without approval from the Municipal Board office. Sincerely, MUNICIPAL BOARD =—eZ 0411 Patricia D. Ltindy Assistant Director PDL:sjh Enclosures cc: Mark Vierling, Assistant City Attorney IllAn Equal Opportunity Employer Phone:(612)296-2428 STATE OF MINNESOTA MUNICIPAL BOARD 165 Metro Square Building 121 East Seventh Place St. Paul, Minnesota 55101-2142 December 11, 1990 LaVonne Wilson City Administrator Oak Park Heights City Hall 14168 North 57th Street Box 2007 Stillwater, Minnesota 55082 Re: A-4789 Oak Park Heights Dear Ms. Wilson: The Minnesota Municipal Board has scheduled a hearing on the above-described matter. As the party initiating the proposed boundary adjustment, a notice of hearing is also enclosed along with instructions to publish the notice, and a sample form outlining the basic issues that the Board may consider at the hearing. In order for the Board to give proper notification of the hearing to all parties pursuant to M.S. 414.09, you must submit to the Board the names of the following parties: 1. The township or municipality presently governing the affected territory; 2. Any township or municipality abutting the affected territory; (NOTE: M.S. 414.011, Subd. 6 states, "The terms "abut,"" "abuts," and "abutting" refer to areas whose boundaries at least touch one another at a single point, including areas whose boundaries would touch but for an intervening roadway, railroad, waterway or parcel of publicly owned land.") 3. The county or counties where the affected territory is situated; 4. Y 4. Any planning agency or commission which has jurisdiction over the affected area. If there is a failure to properly and fully inform the Board of all such parties, upon motion of any party, the hearing may be __Aiiill . III j 410 LaVonne Wilson December 11, 1990 Page Two continued until proper notice is made. Since there is a statutory time limitation on the scheduling of the hearing and publication requirements, we would appreciate your early attention to this matter. If you have any questions, please contact this office. Sincerely, MUNICIPAL BOARD Patricia D. Lun. Assistant Dire / or PDL:sjh Enclosures cc: Mark Vierling, Assistant t City Attorney • 110 A-4789 Oak Park Heights BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA John W. Carey Chair Kenneth F. Sette Vice Chair Shirley J. Mihelich 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 23rd day of January, 1991, 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: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, CT'OF • • 911fPARK HEIGHTS • -57th Street North -Box 2007 OAK PARK HEIGHTS, MINNESOTA 55082 439-4439 "PAX'TRANSMITTAL'FORM TO: Dan Panfzen FROM: La Vonne Witt' on October 22, 1990 DATE: Petition {ion Annexation 6 Panfz Study RE: TOTAL NUMBER OF PAGES (including cover sheet): 14 If all pages are not received, call La V o n n e at (612) 439-4439.. • • • • • • • • • • • . 4 • IN THE MATTER OF THE PETITION OF THE PROPERTY OWNERS FOR ANNEXATION OF UNINCORPORATED ADJOINING PROPERTY TO THE CITY OF OAK PARK HEIGHTS, MINNESOTA PURSUANT TO MINNESOTA STATUTES M.S. 414 .031, SUB. 1 (c) TO: Minnesota Municipal Board 165 Metro Square Building St. Paul, Minnesota 55101 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 petitioners for annexation are the property owners who are identified at the conclusion of this petition. The area proposed for annexation is described as follows: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733 . 15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1, 733 . 15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. • s 1. The petitioners have submitted a copy of this petition to the affected Township of Baytown on October 3, 1990. 2. The area proposed for annexation abuts the city on the city's West boundary thereof, and none of it is presently a part of any incorporated city or in an area designated for orderly annexation. 3. The total acreage of the area proposed for annexation is 392 acres. 4. The petitioners believe that all of this property is or is about to become urban or suburban in character. 5. The reason for requesting the annexation is: a. Independent School District No 834 has acquired and/or holds an option to a large tract of land within the land proposed for annexation which has been acquired for the purpose of constructing a senior high school. That facility will require municipal utilities and services. b. The petitioners on lands which are urban or suburban in character and which desire and need municipal water and sewer services and other municipal services for purposes of development and use. c. That it is in the best interests of the property proposed for annexation that it be annexed to the City of Oak Park Heights. d. That Baytown Township or the lands that remain within it can continue to carry on the functions of government without undue hardship. 6. Parties entitled to notice under Minnesota Statutes 414 .09 are: Ms. Patricia St. Claire, Clerk Town of Baytown 14949 - 30th Street North Stillwater, MN 55082 Ms. K. Schmoeckel, Clerk Town of Stillwater Planning Commission 8335 Manning Avenue North Stillwater, MN 55082 Mr. Jerry Fontaine Planning Commission Chairman City of Stillwater 1618 West Willard Street Stillwater, MN 55082 • Mr. Dennis Trenda Planning Commission Chairman Town of Baytown 14105 North 45th Street Stillwater, MN 55082 City of Stillwater 216 North 4th Street Stillwater, MN 55082 Mr. Steve Russell, Planner City of Stillwater 216 North 4th Street Stillwater, MN 55082 County of Washington Washington County Government Center 14900 - 61st Street North Stillwater, MN 55082 Washington County Planner Washington County Government Center 14900 - 61st Street North Stillwater, MN 55082 7. Pursuant to Minnesota Statute 414.031, Subdivision 1 (c) , the required number of petitioners to commence a proceeding is 20% of the property owners or 100 property owners, whichever is less, in the area to be annexed. 8. This Petition has been executed by six property owners and Independent School District No. 334, which is the process of purchasing real property from Violet Kern, the 0. L. Kern of Irrevocable Trust and from Beverly Kern. Seven property owners are affected by this Petition and the only property owner not executing the Petition is Mr. Frank Fahrendorff, being the fee owner of property referenced by Washington County Property Identification No. 78006-2175. , • . �f •V olet Kern STATE OF MINNESOTA ) COUNTY OF ) ss. On thisy day of 1990, before me,Notary Public, within and for sa, County and State, personally appeared Violet Kern, a single person, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. -I . ,rotary Pub-71c •• `I ,, MOtAAV RAMC•MmtNeBO7A ROMSE I COUNTY •L MY aQmmiSSION EXPMICS MARem Me . • 0. L. KERN IRREVOCABLE TRUST BY f �. /7.- / Violet Kern, JTrustee STATE OF 'MINNESOTA ESOTA ) COUNTY OF � ss On this .2i. , day of ,- , r ,," :.._, 1990, before me, - a Notary Public, w thin and for sa County and State, personally appeared Violet Kern, a single e y g person, to me known to be the Trustee of the O. L. Kern Irrevocable Trust who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed as Trustee of the O. L. Kern Irrevocable Trust. Notary Pu 11C (--- - •••ti• SN1RLEY A.RUNBEAG a■ .. NOTARY PAX•MINNESOTA R4MSEY COUNTY my CQi1 MISSION EMMIAU 4. ARCH`MOO • I . j III 411 711 i F tz T- 'ltmanns Carol A. Oltmanns STATE OF MINNESOT ) COUNTY OF i144i / )) ss. On this -= day of , A .a�- , 1990, before me, a Notary Public, w_tnin and for said County and State, personally appeared Fritz T. Oltmanns and Carol A. Oltmanns, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and d. _ f UleiCAL.r- Nat� ry Public tORFAINE WEBER x � NOTARY PUNGT i mcouMETY TA � *Comm. Expires Sot. ZZ. to .............,.,...b....y......a...4rAw►• 0 • tirl>. } Elmer .� , " 1 -1 ,=i._C HaasB -- /7 Ruth , �.. -�..r . Haase STATE OF MINNESOT A ) COUNTY OF }�H, ) ss. a Notary on this t s rY Pub2;,c h n and of o�.a,,,?, appeared Elmer Haase d for said Count 1990, before known to El the and Ruth Haase Y ,a • fe foregoing L Persons descry 1 i husband a • ate, torsur.. f t 3 instr ment bed �- m heir free and ackr w - x r me ree .ogle ecu_ed act d t and deed. `� t• _ the ..ed the s • • . i: • i .e_.. • • / Alvin J.�K7•eger 4 K. Krueger STATE OF MINNESOTA ) ) ss. COUNTY OF n•,µi ti(,1T�r) ) • • On this 0 day o f ,r op+t st k 0/2_ • . , .before me, a Notary Public, within and for said County State, personally appeared Alvin J. Krueger' and Elaine K. K •eger� ,�.usband and wife, to me known to be the persons des. ibed .1 and who executed the foregoing instrument and acknowle ed at t - -x-E:. ted the same as their free act and dee '4AAAAAPON.MLA:AMAAAtY lAA Arwvuso,4 .—r ; ` ■1.,;,x J./ riL4:dn �,rt'ta' y Public yR� _l 6.'Y CCU.ExPirts. . irrimewonerhooriwowww.",.....,....,..,...,... 4 INDEPENDENT SCHOOL DISTRICT NO. 834 1875 South Greeley Street Stillwater, HN 55082 BY A AO. L..u.se W. Jane, By . .•. < ���'�- "��.L ,y nn M. L. Schmidt STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this e / day of i j -2. , 1990, before me a Notary Public, _n and for sa id County and State appeared Louise W. zones and Lynn M. L. S;hmi't, to me personally known, who being by me fir;,? duly sworn, did y that they are respectively the ,r,, n _ ,_ and r of Independent School District No. 834, who by' author y of Independent School District No. 834 acknowledge said instrument to be the free act and deed of said Independent School District No. 834 . I (n // petary Pu: 1c .wrk k7• /ti:. a 1/444` SA' 4"11+ l • • l �t Bever 1 ' , STATE OF M/NNESOTA COUNTY OF (� -L', ss. On this __ day .1-- a Notary public, wig n day � �`" , 1994, before appeared ry public, Kern, a single sated County and State, al person described in and who axecptsdot.hetEa�e foregoing to personally acknowledged that she executed the sawn- as her free t and the g 9 �.nstrument and t and deed Notary Pu..1 c... ,.., 4 u i■„T:-ILLEN M. POST NOTARY P:J0L10-MNNESOTA :-,•:WASHINGTON COUNTY "�ti.•i, t commisaion ago°D PDp.25,tit . - •. •.•.,n:o •6dsdsN44PA142,40ymee, .nm �. rw' • 1111 N Northwest Associated Consultants , Inc . ACU R B A N P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H V MEMORANDUM RECEI TO: Oak Parks Heights Mayor and City Council FROM: Alan Brixius DATE: 23 August 1990 RE : Oak Park Heights - Parks Study FILE NO: 798 . 02 - 90 . 14 At the request of the Oak Park Heights Park and Recreation Committee, we have prepared a work outline for conducting a park system study for the newly annexed area of the City and the area proposed to be annexed in conjunction with the new high school . This is intended to be a generalized area study and will not give site specific design recommendations or solutions . Based on the Park and Recreation Committee meeting discussions , this study will include the following elements : TYPE OF PARKS 1 . A number of park and recreational facilities are proposed for the new annexation area including the high school and a VAA athletic complex. While these facilities are far from confirmed, they do influence City park planning in this area . The study must be coordinated with these organizations to integrate these facilities into any City park planning efforts . 2 . Neighborhood parks will be required to serve the community growth anticipated in the new annexation areas . PARK SERVICE AREAS The different types of parks have different service areas that must be identified. The Park Study will identify park service areas for the neighborhood parks based on park spacing standards and population forecasts for the areas . 4601 Excelsior Blvd.• Suite 410• Minneapolis, MN 55416• (612) 925-9420• Fax 925-2721 • PARK LOCATION AND SIZE The park study will establish policies and criteria for selecting park locations and appropriate park sizes . A field inspection would be anticipated for this study element . These criteria will address : 1 . Park access needs . . 2 . Pedestrian travel distances . 3 . Population concentration. 4 . Space needs for different recreational facilities and activities . 5 . Soil conditions/topography. 6 . Acquisition. PARK FACILITIES There are opportunities for both active and passive recreational parks in the annexation area. Working with the Park and Recreation Committee, the study should establish general design standards for both types of parks : 1 . Active Parks a. Play equipment b. Play fields and courts c . Seasonal activities 2 . Passive Parks a. Nature areas b. Picnic areas c . Trails d. Playground equipment TRAIL NEEDS Within the annexation area, the Park and Recreation Committee suggested some consideration of trails and sidewalk to access the high school and park areas . MEETINGS We would anticipate working closely with the Oak Park Heights Park and Recreation Committee in the development of this study. Their input is vital to allow us to prepare the policy statements regarding park location, size or facilities . We would anticipate three meetings will be necessary for this project . 2 /// . M 111 CONCLUSION Generally, we envision that the finished study will provide policies and standards the City can use for evaluating future park needs in the new annexation area. The study shall serve as a working document to assist in the review of future subdivisions in this area . In preparing this study, we would attempt to involve the Oak Park Heights Park and Recreation Committee extensively. We estimate that the aforementioned work program could be done on a time and materials basis for a cost not to exceed $2 , 700 . 00 . cc : LaVonne Wilson 3 • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L. GIFFORD October 11, 1990 GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER VIA FACSIMILE TRANSMISSION (FAX #439-0574) Ms. LaVonne Wilson City Clerk City of Oak Park Heights 14168 North 57th Street Stillwater, MN 55082 RE: Petition of Property Owners for Annexation of Unincorporated Adjoining Property to the City of Oak Park Heights, Minnesota Dear LaVonne: Enclosed please find a copy of the Petition of Property Owners as referenced above. Please mail this this Petition to Baytown Township with a cover letter explaining that this Petition is the final draft which is being submitted to the Minnesota Municipal Board and that the copy of the Petition provided to them earlier was not a final draft. Should you have any questions with regard to IS—tatter, please give me call. Thank you. Very trul yo // ark . Vierling Assis ant City Attorney City • Oak Park Heights MJV:kp Enclosure • S ' ~ • 111 LAW OFFICES OF ECKBERG, LAMMERS:BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55062 LYLE J. ECKBERG (6121 439-2878 JAMES F. LAMMERS FAX (6121 439-2923 ROBERT G. BRIGGS October 11, 1990 PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD GREGORY G. GALLER KEVIN K. SHOEBERG COCT THOMAS J.WEIDNER Ms. Patricia D. Lundy Assistant Director State of Minnesota Minnesota Municipal Board 165 Metro Square Building 121 East Seventh Place St. Paul, MN 55101-2142 RE: Petition of Property Owners for Annexation of Unincorporated Adjoining Property to the City of Oak Park Heights, Minnesota Dear Pat: Enclosed herewith please find the original Petition of the property owners for annexation of unincorporated adjoining property to the City of Oak Park Heights, Minnesota pursuant to Minnesota Statute 414.031, Subdivision 1(c) . I believe you already have within your possession a certified copy of Resolution 90-09-34 of the City of Oak Park Heights supporting this annexation as well as a check of the City of Oak Park Heights for $600. 00 to support the Petition and paying the filing fee. Also enclosed please find a series of maps prepared by the City Engineer identifying the area sought for annexation to the City of Oak Park Heights. All property owners affected have joined in the Petition with the exception of Frank D. Fahrendorff, who is the property owner of the parcel identified by Property Identification No. 78006-2175, which property is currently occupied by Stillwater Ford. With the enclosed documentation, I believe your office will have all the information it requires under the statute and your rules to accept this Petition and schedule same for hearing. I note in your correspondence back to LaVonne Wilson that you questioned whether or not the city and the township had considered orderly annexation and, to that end, I would advise you that I have been informed a conference did take place between counsel for Baytown Township, Independent School District No. 834 and the attorneys for the City of Oak Park Ms. Patricia D. Lundy Page 2 October 11, 1990 Heights which conference was unsuccessful at reaching any conclusion with regard to an orderly annexation of the property to the City of Oak Park Heights. Should you need or require any further information, please do not hesitate to contact me directly. Personal regards, s/ Mark I Vierling Mark J. Vierling Assistant City Attorney for the City of Oak Park Heights MJV:kmp Enclosures P.S. Please forward back to our office the previous draft of the Petition that you received from the City Clerk, LaVonne Wilson, which draft, as I understand it, was a photocopy, not the original Petition, and was not intended to be sent for filing purposes. Thank you. MJV bcc: LaVonne Wilson • IN THE MATTER OF THE PETITION OF THE PROPERTY OWNERS FOR ANNEXATION OF UNINCORPORATED ADJOINING PROPERTY TO THE CITY OF OAK PARK HEIGHTS, MINNESOTA PURSUANT TO MINNESOTA STATUTES M.S. 414 . 031, SUB. 1(c) TO: Minnesota Municipal Board 165 Metro Square Building St. Paul, Minnesota 55101 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 petitioners for annexation are the property owners who are identified at the conclusion of this petition. The area proposed for annexation is described as follows: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733 . 15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1,733.15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. 4 • 1. The petitioners have submitted a copy of this petition to the affected Township of Baytown on October 3, 1990. 2 . The area proposed for annexation abuts the city on the city's West boundary thereof, and none of it is presently a part of any incorporated city or in an area designated for orderly annexation. 3. The total acreage of the area proposed for annexation is 392 acres. 4. The petitioners believe that all of this property is or is about to become urban or suburban in character. 5. The reason for requesting the annexation is: a. Independent School District No. 834 has acquired and/or holds an option to a large tract of land within the land proposed for annexation which has been acquired for the purpose of constructing a senior high school. That facility will require municipal utilities and services. b. The petitioners own lands which are urban or suburban in character and which desire and need municipal water and sewer services and other municipal services for purposes of development and use. c. That it is in the best interests of the property proposed for annexation that it be annexed to the City of Oak Park Heights. d. That Baytown Township or the lands that remain within it can continue to carry on the functions of government without undue hardship. 6. Parties entitled to notice under Minnesota Statutes 414.09 are: Ms. Patricia St. Claire, Clerk Town of Baytown 14949 - 30th Street North Stillwater, MN 55082 Ms. K. Schmoeckel, Clerk Town of Stillwater Planning Commission 8335 Manning Avenue North Stiliwater, MN 55082 Mr. Jerry Fontaine Planning Commission Chairman City of Stillwater 1618 West Willard Street Stillwater, MN 55082 • • Mr. Dennis Trenda Planning Commission Chairman Town of Baytown 14105 North 45th Street Stillwater, MN 55082 City of Stillwater 216 North 4th Street Stillwater, MN 55082 Mr. Steve Russell, Planner City of Stillwater 216 North 4th Street Stillwater, MN 55082 County of Washington Washington County Government Center 14900 - 61st Street North Stillwater, MN 55082 Washington County Planner Washington County Government Center 14900 - 61st Street North Stillwater, MN 55082 7. Pursuant to Minnesota Statute 414.031, Subdivision 1(c) , the required number of petitioners to commence a proceeding is 20% of the property owners or 100 property owners, whichever is less, in the area to be annexed. 8. This Petition has been executed by six property owners and Independent School District No. 834, which is the process of purchasing real property from Violet Kern, the 0. L. Kern of Irrevocable Trust and from Beverly Kern. Seven property owners are affected by this Petition and the only property owner not executing the Petition is Mr. Frank Fahrendorff, being the fee owner of property referenced by Washington County Property Identification No. 78006-2175. • • Violet Kern STATE OF MINNESOTA ) ) ss. COUNTY OF ��� ) On this 2y'7 , day of , 2 )7;_/,� , 1990, before me, a Notary Public, within and for said County_ and State, personally appeared Violet Kern, a single person, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. / _ /_ otary Pub Tic ;•^•-. SHIRLEYA.RUNSERG •_� u, MOTARY PUBLIC•Mr Er �'F R81SEY COUNTY f MY CQIMMISSION EXPIRES MARCH 8.1991 O. L. (KERN IRREVOCABLE TRUST By //, Violet Kern, /Trustee STATE OF MINNESOTA ) � ) ss• COUNTY OF ll�l�i.� ) On this 2y 7Y, day of - t , 1990, before me, a Notary Public, within and for sai County and State, personally appeared Violet Kern, a single person, to me known to be the Trustee of the O. L. Kern Irrevocable Trust who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed as Trustee of the O. L. Kern Irrevocable Trust. // / Notary Public +NNi•N44000I0MI-NrM/O•44111 •1 SHIRLEY A.R1JNBERG y I .. NOTARY PUBUC•MINNESOTA RAMSEY COUNTY MY CI MMISSION MIMES iJARCH 6,t lGB • • Fritz T. ltmanns Carol A. Oltmanns STATE OF MINNESOTA ) t " ) ss. COUNTY OF j� Lcl ,t�) On this day of �417.AL , 1990, before me, a Notary Public, within and for said County and State, personally appeared Fritz T. Oltmanns and Carol A. Oltmanns, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and -d. '0 &CU-At (, - • •ry Public LORRAINE C. WESER "NNOTARY RUBLIC-MINNESOTA ! �,? J WASHINGTON COUNTY £ "Vi My Comm.Expires Sept.22. 1994=+ • • Elmer Haase / Ruth Haase STATE OF MINNESOTA ) ss. COUNTY OF <'•'tsw.i <,t:, ) On this l s T. day of O . - --N , _ 1990, before me, a Notary Public, with n and for said County and- Ste, personally appeared Elmer Haase and Ruth Haase, husband a • ife, to me known to be the persons described in - -d wh• executed the foregoing instrument and acknowledg-. t. - - • - ted the same as their free act and deed. o ary Public • ! • • // 1 _ Alvin J. K eger tgoLl-e. g-// : _ r--./4-- lame K. Krueger STATE OF MINNESOTA ss. COUNTY OF ,L:',:;-,µ;N(,-,:;,, ) On this IN o day of ,�p 1'c Kt�i �/1 , ' = • ,�before me, a Notary Public, within and for said County - • State, personally appeared Alvin J. Krueger and Elaine K. K •eger, usband and wife, to me known to be the persons des• ibed/rfi and who executed the foregoing instrument and acknowle..ed hat t - -x-ecuted the same as their free act and deed <,1`=''a •a ,1r ! , bta y Public ,:!==) ,zr '�ir,i;Y?U'itJC— c_SO `� -�{t �/ V �'�f�ily'�rcTpn��).iU'J}• ..c• • III III • INDEPENDENT SCHOOL DISTRICT NO. 834 1875 South Greeley Street Stillwater, MN 55082 By a,c.c-c,¢ �l L uise W. Jon e &e--74-44-1 11 BY 4 �t) i �' vr�c L M. L. Schmidt STATE OF MINNESOTA ) - ss. COUNTY OF WASHINGTON) On this .2 I day of c�5 , 1990, before me a Notary Public, in and for said ounty and State appeared Louise W. Jones and Lynn M. L. Schmi't, to me personally known, who being by me fir duly sworn, did qay that they are respectively the . and c Lt _ of Independent School District No. 834, who b authority of Independent School District No. 834 acknowledge said instrument to be the free act and deed of said Independent School District No. 834. petary Pu is As p ' :. ;444,',.... .� w�,‘ X II� • 110 Beverly (K, erg �� STATE OF MINNESOTA ) ss. COUNTY OF (J u '•-- � Yc 4 r i On this � T.e ( day of -44--..i , 1990, before me, a Notary Public, within and for said County and State, personally appeared Beverly Kern, a single person, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the sam- as her free act and deed. - (Per,z-r Notary �'Pulic,„ :f EN M. POST c ::•. NOTARY PUBLIC-M NNESOTA is s-s. "'AS �,aHfitiGTON COUNTY e ; My Commission Expires Fab.25.1991 • • •esl ! 411 CITY OF OAK PARK HEIGHTS 14168 -57th Street North -Box 2007 OAK PARK HEIGHTS, MINNESOTA 55082 439-4439 October 11 , 1990 Pat St. Cta.ine, C2enFz Baytown Township 14949 Nonth 30th Stneet St.i.2.2wa-ten, MN 55082 eat Pat: Attached please Sind the petition bon annexation. This is the A.L ute. dta6t which .is being submitted to the Minnesota Mun.ic.ipa.2 Board. The copy 1 pno v-ided you with eant iet was not the i roar dta6t. Sonny Son the inconvenience. S.inceneey, CITY OF OAK PARK HEIGHTS , 22Am a Vonne Wit/son Adm.in.istnatot/Tteas utet • • LAW QFFICSS OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING Ig33 NORTriWESTERN AVINUE STIi.LWATER, MINNCSOTA 53062 LYLE 4. EC(GERG (8!2)439.2$74 .MMES F. LAMMER$ FAX ( S/9)439.3923 ROBERT G. BRIGGS PAJL A.WOLFF MARK J. V+ERLING VICKI L. GIFFORD OctCber 11, 1990 GREGORY O GALLER KEVIN K. SHOEBERO THOMAS J. W61DNEA VIA FACSIMILE TRANSMISSION (FAX#a39-o5a4) y Ms. LaVonne Wilson City Clerk City of Oak Park Heights 14168 North 57th Street Stillwater, MN 55082 RE: Petition of Property Owners for Annexation of Unincorporated Adjoining Property to the City of Oak Park Heights, Minnesota Dear LaVonne: Enclosed please find a copy of the Petition of Property Owners as referenced above. Please mail this this Petition to Baytown Township with a cover letter explaining that this Petition is the final draft which is being submitted to the Minnesota Municipal Board and that the copy of the Petition provided to them earlier was not a final draft. Should you have any questions with regard to this matter, please give me call. Thank you. Very truly yours, 's/ Mark I Vierling Mark J. Vierling Assistant City Attorney City of Oak Park Heights MJV:kp Enclosure 110 LAW OFFICES OF ECKSERG, LAMMERS, BRIGGS, WOLFF 3r VIERLING III3S NORTHWESTERN AVENUE $TILLWATER. MINNESOTA 5 082 LYLE J. $CKSERG 1612) 43*•2674 JAMES F. LAMMERS r'AX lea'48.8923 AODERT G. !BRIGGS October 11, 1990 PAUL A.WOLFF MARK J.VICRLINO VICKI L,GIFFORD GREGORY G. GALLER KEVIN K. SHOESERG THOMAS J. WEIDNER Ms. Patricia D. Lundy Assistant Director State of Minnesota Minnesota Municipal Board 165 Metro Square Building 121 East Seventh Place St. Paul, MN 55101-2142 RE: Petition of Property Owners for Annexation of Unincorporated Adjoining Property to the City of Oak Park Heights, Minnesota Dear Pat: Enclosed herewith please find the original Petition of the property owners for annexation of unincorporated adjoining property to the City of Oak Park Heights, Minnesota pursuant to Minnesota Statute 414 .031, Subdivision 1(c) . I believe you already have within your possession a certified copy of Resolution 90-09-34 of the City of Oak Park Heights supporting this annexation as well as a check of the City of Oak Park Heights for $600 . 00 to support the Petition and paying the filing fee. Also enclosed please find a series of maps prepared by the City Engineer identifying the area sought for annexation to the City of Oak Park Heights. All property owners affected have joined in the Petition with the exception of Frank D. Fahrendorff, who is the property owner of the parcel identified by Property Identification No . 78006-2175 , which property is currently occupied by Stillwater Ford. With the enclosed documentation, I believe your office will have all the information it requires under the statute and your rules to accept this Petition and schedule same for hearing. I note in your correspondence back to LaVonne Wilson that you questioned whether or not the city and the township had considered orderly annexation and, to that end, I would advise you that I have been informed a conference did take place between counsel for Baytown Township, Independent School District No. 834 and the attorneys for the City of Oak Park 411 411 Ms. Patricia D. Lundy Page 2 October 1.1, 1990 Heights which conference was unsuccessful at reaching any conclusion with regard to an orderly annexation of the property to the City of Oak Park Heights . Should you need or require any further information, please do not hesitate to contact me directly. Personal regards, . 's/ Mark J. Vierling Mark J. Vierling Assistant City Attorney for the City of Oak Park Heights MJV:kmp Enclosures P.S. Please forward back to our office the previous draft of the Petition that you received from the City Clerk, LaVonne Wilson, which draft, as r understand it, was a photocopy, not the original Petition, and was not intended to be sent for filing purposes. Thank you. MJV bcc: LaVonne Wilson 411 110 IN THE MATTER OF THE PETITION m HE P�,TIT+ON tJ�' THE PROPERTY OWNERS FOR ANNEXATION OF UNINCORPORATED ADJOINING PROPERTY TO THE CITY OF OAR PARK HEIGHTS, MINNESOTA PURSUANT TO MINNESOTA STATUTES M.S. 414.031, SUB.B. 1 G { TO: Minnesota Municipal Board 165 Metro Square Building St. Paul, Minnesota 55101 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 petitioners for annexation are the property owners who are identified at the conclusion of this petition. The area proposed for annexation is described as follows: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733. 15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1, 733. 15 feet thereof. The Northeast 1/4 of the southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington Count g , 4 Y. Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. 410 1. The petitioners have submitted a copy of this petition to the affected Township of Baytown on October 3 , 1990. 2 . The area proposed for annexation abuts the city on the city's West boundary thereof, and none of it is presently a part of any incorporated city or in an area designated for orderly annexation. 3. The total acreage of the area proposed for annexation is 392 acres. 4. The petitioners believe that all of this property is or is about to become urban or suburban in character. 5. The reason for requesting the annexation is: a. Independent School District No, 834 has acquired and/or holds an option to a large tract of land within the land proposed for annexation which has been acquired for the purpose of constructing a senior high school. That facility will require municipal utilities and services. b. The petitioners own lands which are urban or suburban in character and which desire and need municipal water and sewer services and other municipal services for purposes of development and use. c. That it is in the best interests of the property proposed for annexation that it be annexed to the City of Oak Park Heights. d. That Baytown Township or the lands that remain within it can continue to carry on the functions of government without undue hardship. 6. Parties entitled to notice under Minnesota Statutes 414 . 09 are: Ms. Patricia St. Claire, Clerk Town of Baytown 14949 - 30th Street North Stillwater, MN 55082 Ms. K. Schmoeck.el, Clerk Town of Stillwater Planning Commission 8335 Manning Avenue North Stillwater, MN 55082 Mr. Jerry Fontaine Planning Commission Chairman City of Stillwater 1618 West Willard Street Stillwater, MN 55082 • 410 Mr. Dennis Trenda Planning Commission Chairman Town of Baytown 14105 North 45th Street Stillwater, MN 55082 City of Stillwater 216 North 4th Street Stillwater, MN 55082 Mr. Steve Russell, Planner City of Stillwater 216 North 4th Street Stillwater, MN 55082 County of Washington Washington County Government Center 14900 - 61st Street North Stillwater, MN 55082 Washington County Planner Washington County Government Center 14900 61st Street North Stillwater, MN 55082 7. Pursuant to Minnesota Statute 414,031, Subdivision 1(c) , the required number of petitioners to commence a proceeding is 20% of the property owners or 100 property owners, whichever is less, in the area to be annexed. 8, This Petition has been executed by six property owners and Independent School District No. 334, which is the process of purchasing real property from Violet Kern, the 0. L. Kern of Irrevocable Trust and from Beverly Kern. Seven property owners are affected by this Petition and the only property owner not executing the Petition is Mr. Frank Fahrendorff, being the fee owner of property referenced by Washington County Property Identification No. 78006-2175. • • I ' ,)),. V olet Kern STATE OF MINNESOTA ) COUNTY OF ') ) es.) On this 2y7� day of , L,� �; ,L , 1990, before me, a Notary Public, within and for saCounty and State, personally appeared Violet Kern, a single person, to inc known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the sane as her free act and deed. otdry Pub is 77sw,R7 Ev A.auNSEFt 3 $OYARY nieuc•MivNEESOTA Posey COUNTY ►9Y ORWAISSiON EXPIAtS MOON I,MS III 411 O. L. KERN IRREVOCABLE TRUST BY L1' 2 / Violet Kern, rustee STATE OF MINNESOTA ) COUNTY OF ss. On this .t � day of - f 1990 before - a Notary Public, w thin and for sa -., '� � ore me' County and State, personally appeared Violet Kern, a single person, to me known to be the Trustee of the 0. L. Kern Irrevocable Trust who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed as Trustee of the O. L. Kern Irrevocable Trust. ...4A Notary Pu l 1 - SOOR-EY A.RUt BEAD . ii ., NOTARY rliatje•~ISM RAMSIEY COUNTY • • l) ,- Fritz T.. .Al manes L— ...14--. E:/• . .�. '..._,.. Carol A. Oltmanns STATE OF MINNESOTA ) ) es. COUNTY OF 112t4 -a_ ) On this A2.14 day of f r s - , 1990, before me, a Notary Public, within and for said County and State, personally appeared Fritz T. Oltmanns and Carol A. Oltmanns, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and d. A \NOt ry Public LORMINE WEBER t c, sCTAftY FUSLIC•MINNESOTA WASHINGTON COUNTY *Cqm • Wes Sad. 22, 1 i4 ............r.r..a..w+...w+►•.•rY►A.+• F 1 • • i Eimer Haase _ , j"(--- ( - Ru-h Haase STATE OF MINNESOTA ) COUNTY OF �.,1i.>r+,•,�: ) es. ) Oh this sC Notary Public, with dac f r sari �' , 1 9p, before Elmer n a�: Count kwn appeared© Ee the Haase and Ruth Yard•- ors: foregoing persons described Haase, husband a • �.te, pe sor.: g ng instr��ment and ibed n ,,( w ifs, to me as their free act and eckrowlsdg . , _xecuted the deed, . . _ . - z ..teci the �'°., i �,.. , ' a ry Pub c• • • r. / - ,,,., / A� _ -. Alvin J. K ,eger , ` d'ti"..fi I . , '" .� r rs la ne K. Krueger dr STATE OF MINNESOTA ) es. COUNTY OF ,C‘tnµ ,,;(„ru,) ) On this I D, day of `� to st k P.�... _, ' , ;before me, a Notary Public, within and for s a d County State', personally appeared Alvin 3. Krueger' and Elaine K. K :eger, tisband and wife, to me known to be the persons des ihednd who executed the foregoing instrument and acknowle .ed hat t - -xeected the same as their free act and dee. 4ARf r4MAAAA;1/L1Atj'1 Pftil.41.vLLbto,v,„r •*-"� - y ti` '' ` <J. l' r,L ” ''ta ub .1 jr, 4C i -q ; , Y PU5UC—vNrsv UY Mu.ExpiRci A14,' inowortwo,( !IMF✓f.... VhNrMWVMS4.., I . • INDEPENDENT SCHOOL DISTRICT NO. 834 1875 South Greeley Street Stillwater, MN 55082 By w _ LA , (-4e4-1 T L.uise W. Jane- ? ay ` yA, 4. 'nn M. L. Schmidt STATE OF MINNESOTA ) ) se. COUNTY OF WASHINGTON) On this t,.2 / day of 9 before me a Notary Publi min-and for saidounty and Stateappeared c; Louise W. Jones and Lynn M. L. Schmidt, to me personally known, who being by me firs duly sworn, Odd y that they are respectively the f ,1 . �. and : . c , of Independent School District No. 834; who bJ authority of Independent School District No. 834 acknowledge said instrument to be the free act and deed of said Independent School District No. 834 . Tiff / , )iotary Pu: is r..a144 Yt 49 4,?1, "aw �2; CHI. q 1724 1 r • • ' l ( ( 1 Beverly ;Ker ./n STATE OF MINNESOTA ) ` • ) se. COUNTY OF t✓ .-.-< „aj On this l day of ?d....66L-e,4 ✓ , 1990, before me, a Notary Public, within and for sayd County and State, personally appeared Beverly Kern, a single parson, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the sam= as her free t and deed. r r" il��-•' U� Notary Pu.1 9w. ;JATHLLEN M. POST NOTARY PLJL6fC°lt;NN£SOTA r WASHINGTON COUNTY ,...:,.: r,ty Commission Expiteo roao_.-_25,t89t ' � J Y`� raw' . • S\. • An Equal Opportunity Employer w : �M Phone:(612)296-2428 '1i/NNt," STATE OF MINNESOTA MUNICIPAL BOARD 165 Square Building 5 Metro qu e B u d ng 121 East Seventh Place St. Paul, Minnesota 55101-2142 October 4, 1990 MMB Docket No. A-4789 Oak Park Heights Petition & Resolution No. 90-09-34; School/Residential; 392 acres LaVonne Wilson City Administrator Oak Park Heights City Hall 14168 North 57th Street Box 2007 Oak Park Heights, Minnesota 55082 Dear Ms. Wilson: The Minnesota Municipal Board acknowledges receipt of the petition and Resolution No. 90-09-34 for annexation. Please refer to the above docket number in future communications regarding this proposed annexation. Before a hearing can be scheduled on this matter, several requirements must be met. Municipal Board Rule 6000.0110 states, ". ..the number of petitioners required by statute to commence a proceeding must be stated in the petition. The petition must also state on its face the number of petitioners who have signed the petition." [Note: If the land is owned by both husband and wife, both must sign the petition to represent all owners.] Please send a map showing the area proposed for annexation in relationship to the entire city. Please highlight the area and make sure the city limits are clearly marked. Also, clearly indicate the boundary of any other abutting municipality or township. The Department of Transportation Mapping Section will review the property description at a later date, and you will be contacted if there are any problems. We also recommend that ou purchase the Rules of the Minnesota Municipal Y P P Board from the Minnesota Documents Section, 117 University Avenue, 411 • LaVonne Wilson October 4, 1990 Page Two 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 have any questions, please contact this office for assistance. Sincerely, MUNICIPAL BOARD CL;?tai Patricia D. Lundy Assistant Director PDL:sjh fief i diP @ Pf Priprf / C 1/ ( r J - - /' a E' i IN THE MATTER OF THE PETITION OF THE PROPERTY OWNERS FOR ANNEXATION OF UNINCORPORATED ADJOINING -ROPERTY TO THE CITY OF OAR PARK HEIGHTS, MINNE''.TA PURSUANT TO MINNESOTA STATUTES M.S. 414 .031, S.B. 1 (c AM AM AM MA TO: Minnesota Municipal Board 165 Metro Square Building St. Paul, Minnesota 55101 The Minnesota Municipal Board is hereby re -uested to hold a public hearing on the question of annexing .ertain property to the City of Oak Park Heights, Minnesot= . The petitioners for annexation are the p operty owners who are identified at the conclusion of this pet 'tion. The area proposed for annexation is de- cribed as follows: All that part of Section 6, Township ,9 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733 . 15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1, 733 . 15 feet thereof. The Northeast 1/4 o. the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. 1. The petitioners have submitted a copy of this petition to the affected Township of Baytown on O tohQ, 4 12.90. 2 . The area proposed for annexation abuts the city on the city's West boundary thereof, and none of it is presently a part of any incorporated city or in an area designated for orderly annexation. 3. The total acreage of the area proposed for annexation is 392 acres. 4 . The petitioners believe that all of this property is or is about to become urban or suburban in character. 5. The reason for requesting the annexation is: a. Independent School District No. 834 has acquired and/or holds an option to a large tract of land within the land proposed for annexation which has been acquired for the purpose of constructing a senior high school. That facility will require municipal utilities and services. b. The petitioners own lands which are urban or suburban in character and which desire and need municipal water and sewer services and other municipal services for purposes of development and use. c. That it is in the best interests of the property proposed for annexation that it be annexed to the City of oak Park Heights. d. That Baytown Township or the lands that remain within it can continue to carry on the functions of government without undue hardship. 6. Parties entitled to notice under Minnesota Statutes 414 .09 are: Ms. ::Patricia St. Claire, Clerk Town of Baytown 14949 - 30th Street North Stillwater, MN 55082 Ms. K. Schmoeckel, Clerk Town of Stillwater Planning Commission 8335 Manning Avenue North Stillwater, MN 55082 Mr. Jerry Fontaine Planning Commission Chairman City of Stillwater 1618 West Willard Street Stillwater, MN . 55082 • 411 Mr. Dennis Trenda Planning Commission Chairman Town of Baytown 14105 North 45th Street Stillwater, MN 55082 City of Stillwater 216 North 4th Street Stillwater, MN 55082 Mr. Steve Russell, Planner City of Stillwater 216. North 4th Street Stillwater, MN 55082 'County of Washington Washington County Government Center 14900 - 61st Street North Stillwater, MN 55082 Washington County Planner Washington County Government Center 14900 - 61st Street North Stillwater, MN 55082 • / 4`)',/ Violet Kern STATE OF MINNESOTA ) ) ss. COUNTY OF ethi___ ) On this r 7 day f , 1990, before me, a Notary Public, within and for sa County and State, personally appeared Violet Kern, a single person, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. /« r24"-.4 tary Public d SH1Al.EY A.RUNSERG NOWAY SWIG•MINNESOTA ROMSEY COUNTY MY citt 6s o EX0,tAf3 • ItCk i,1l1► O. L. KERN IRREVOCABLE TRUST By /7- V olet Kern,/ .rustee STATE OF MINNESOTA ) ) se. COUNTY OF 4y,�, ) On this : day of �: , 1990, before me, a Notary Public, within and for sai County and State, personally appeared Violet Kern, a single person, to me known to be the Trustee of the O. L. Kern Irrevocable Trust who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed as Trustee of the O. L. Kern Irrevocable Trust. • - ' Notary Puri c *4•44.04almiv••110.410M, -..� SHIRLUY A.RUNSERG NOTAAY si se COUNTY r� A ►IAAC.MK tI s • • t...- Fr tz T.. _,ltmanns Carol A. Oltmanns STATE OF fLh4uMINNESOTA �) COUNTY OF ; sg. On this -N day of �c. .- , 1990, before me, a Notary Public, within and for a d County and State, personally appeared Fritz T. Cltmanns and Carol A. Oltmanns, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and ( rid. , _ / t `\ 4.4.- LFt,.:(.f ( J-+-'Ttr., ` ry Public rL1 RRAIti C. WEBER • 4 NOTARY PUBLIOAINNES4TA WASHINGTON 00UNT1 My Comm. Exams Sept. 22. leg; .............ft«..ww.«..a.r...r+...+• • Elmer Haase Ru h Haase STATE OF MINNESOTA ) ) ss. COUNTY OF •,'.�s++ �•1� , . ) On this i ,' day of 04.s4_14:1•--, , 1990, before me, a Notary Public, wi" hin and for said County .anal_St).te, personally appeared Elmer Haase and Ruth Haase, husband aid-life, to me known to be the persons described in - • w xecuted the foregoing instrument and acknowledg t -. LL • ted the same as their free act and deed. •w., ......,.,...,.t.,•. , o ary Publtc • • t / /( Alvin J. Kr,•eager lain. K. Krueger STATE OF MINNESOTA ) ) es. COUNTY OF r���71,ti f t7 7 ) On this 4 r day of S a r,4,_b o;1 ' • • before me, d for said County . State, personally appeared Alvin J. Krueger and Elaine K. K •eger,,. usband and wife, to me known to be the persons des. ibed in and who executed the foregoing instrument and acknow?e.-ed - . t t - x-ec4uted the same as their free act and dee• R- "� ,,i,( a r<< i, ,T=ta'y -ublic W1 CaliGI E.4'IpE.S 5 INDEPENDENT SCHOOL DISTRICT NO. 834 1875 South Greeley Street Stillwater, MN 55482 By .► • a • • .�. ../ L,.uise W. Jone- By 'r ,, r7 ♦ �+ "•• ,'nn M. L. Sc m . dt STATE OF MINNESOTA ) ) es. COUNTY OF WASHINGTON) On this .2 /j day of :14P-r , 1990, before me a Notary Public, in and for sadk, ounty an State appeared Louise W. Jones and Lynn �� d Lyn M. L. Schmidt, to me personally known, who being by me f iry duly sworn, i.id say that they are respectively the (-4/1 . and of Independent School District No. 834, who b authority of In ependent School District No. 834 acknowledge said instrument ri rument to be the free act and deed of said Independent School District No. 834. ry Pu• G rew. mow*Ra ARM � .�. ",4 • +`r�, FI hit,, .• ,_ ,,, , Sry • • . ) / /./C" "c.; ii:( (... Beverly ;Kern 1".. "�. "`^` STATE OF MINNESOTA ) as. COUNTY OF ,� a (I On this C day of (1/1,14.44:,,, , 1990, before me, a Notary Public, within and for said County and State, personally appeared Beverly Kern, a single person, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the sem as her�' free t and deed. '- &cr.4.-. A, ' L, . Notary Pu Us,. ' '... 3 . - ' . M33 :. . *, („. HL:y.Wv 11 l X • MOT >••;:0 T' PiA$HING i ON COUNTY r ;,.,,:,;;•.'t.iy Commts3lon C•xplraa Fab,25,1991 J • • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) SS. CLERK'S CERTIFICATION CITY OF OAK PARK HEIGHTS) I, LaVonne Wilson, the undersigned, being the duly qualified and acting City Administrator for the City of Oak Park Heights, Minnesota, do hereby certify that on the 10th day of September, 1990, the City Council of the City of Oak Park Heights acting at a regular meeting of the City Council being duly called and held at the City Municipal Building in said City at 7:00 p.m., did pass a Resolution calling for the initiation of proceedings for the annexation of unincorporated property to abutting municipalities, allowing same to be initiated by Resoultion of the annexing municipality. I further hereby certify that I have compared the attached foregoing Resolution with the original thereof on file in my office, and that the same is a full, true and complete transcript of the content of said Resolution passed by the City Council of said City duly called and held on the date therein indicated. Witness my hand and seal of said City, this 24th day of September, 1990. aJ — LaVonne Wilson City Administrator 41, 411 RESOLUTION 90- 09-34 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA, WHEREAS, Minnesota Statute 414 . 031, Subdivision 1 provides for the initiation of proceedings for the annexation of unincorporated property to abutting municipalities, allowing same to be initiated by Resolution of the annexing municipality; and, WHERE, the City of Oak Park Heights, a Minnesota statutory city, has been requested to annex certain lands within Baytown Township by affected property owners; and, WHEREAS, the area proposed for annexation is legally described as follows: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212 , except the South 1,733 . 15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1, 733 . 15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest- 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. and, I 411 WHEREAS, the Minnesota Municipal Board has or will receive a Petition from affected property owners seeking the annexation of the aforementioned lands to the City of Oak Park Heights; and, WHEREAS, the area proposed for annexation abuts the City of Oak Park Heights on the City's westerly boundary thereof and none of it is presently a part of any incorporated city or in any area designated for orderly annexation; and, WHEREAS, the total acreage of the area proposed for annexation is 392 acres; and, WHEREAS, the City of Oak Park Heights believes that all this property is or is about to become urban or suburban in character; and, WHEREAS, the wishes of Independent School District No. 834 as it affects lands of which they have an interest in is to secure municipal water and sewer services which are not available ih the area through Baytown Township; and, , WHEREAS, the necessary governmental services can best be provided through annexation to the City of Oak Park Heights of the above described property; and, WHEREAS, the existing Township government is not tdsquate to protect the public health, safety and welfare or provide municipal services as are requested by the affected property owners; and, WHEREAS, the proposed annexation of these lands to the City of Oak Park Heights would be in the best interests of the area under consideration. • • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARR HEIGHTS AS FOLLOWS: 1, That pursuant to Minnesota Statute Section 414 .031, Subdivision 1 (A) and (C) , the City of Oak Park Heights herewith requests the annexation of the following described real property now located within Baytown Township to be annexed to the City of Oak Park Heights. The property sought for annexation to the City of Oak Park Heights is legally described as follows, to-wit: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733 . 15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1, 733 . 15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. 2. The City of Oak Park Heights herewith requests the Minnesota Municipal Board to schedule a public hearing upon notice in the manner provided pursuant to Minnesota Statute 414 .031, Subd. 2 for purposes of hearing of this request. 3 . That the City Clerk for the City of Oak Park Heights is herewith directed and authorized to execute a certified copy 414-441* ,i • of this Resolution with its attachments and exhibits and forward same directly to the Township Clerk for Baytown Township. 4. That the City Clerk for the City of' Oak Park Heights is herewith directed to file a certified copy of 'this Resolution the Minnesota Municipal Board paying the appropriate filing fee therefor as authorized in the manner provided for by Minnesota Statute 414.031. Passed by the City Council of the City of Oak Park Heights this 10th day of September, 1990. / / Frank O. Sommerfe;:t, Mayor Attest: A LaVonne Wilson, Administrator/Treasurer 10/0'7/90 16 09 22 612 4 3'.; 287e, EKBERk• 'tk,r ra) 01 4.) „ Aw r IC FcKe ;, LAMMr B : rz, r a NG ;e4 A L A1 ER, m!NNEff'4C,TA £CKSER11 .04,L5 F. LAMMLR.: PA A ( 143q-:#4‘74:4- RO9tRT G aRiGGs PALIL A WOLFF MARK vIERLING VICK! L,OIFFORO GREGORY G CALLER KEVIN K SHOERERG 1.1-10mAt FAX TRANssavTAL ronm TO: .• • FAX. Ho. e15- / FROM: DATE:: RR TOTAL NUMBER OF PAGES (inciudinc; cover' shOeti'. a1.1 pages are not ra,2-e1ved, picase ll tit (612) 419-2873 . Thank you. - • - r p-tip . .. . .. _ _ . 1.0/02. 0 16 12 612. ,VA 267 EUKI, LBWLV Z 02 III 411 , • , The petitioners have smbnitted a copy of this petition to the affected Township of Baytown on .... 2 . The area propos,A for annxation abuts the city on the city's West boundary theveof, and. none of it is presently a part of any incorporated city or in art ara designated for orderly annexation. 3 . The total acrege Of the area proposed for annexation is 392 acres. 4 , The petitioners believe that all of this property is or is about to become urban or suburban in character. 5. The reaon for requeting t . , ;Annel-xation is a. Independent Schol Oitrict No. aa4 has acquired and/or holds an option to a large trat of land within the land proposed for annexation whicll has bn a(7quired for the purpose of constructing a r;enior high school, That faoility will require municipal utilities and serviceB, b. The petitionon4 oAin lan ,',; which are urban or suburban in character and whih deirn and ne(.': municipal water and 8f4wer services in other municipal services for purposes of development and. usa, c. That it is in the best intref-4ts c.II the property proposed for annexation that it he annexed to th4s city of oak Park Heights. • d That Baytown Townshp or the lands that remain within it can. continue to car-1:y o. the funtins of government without undue hardship. 6. Parties entitled tc, not nder Minnesota Statuteo 414 . 09 are: Ms, Patricia St. Claire, Clerk Town of Baytown 14945 - 10th Strest r,;'crth Stillwater, MN 55082 Ms. R. Schmoeckel, Clerk Town of Stillwater , . Planning Commission. 8335 Manninq Avenue North Stillwater, MN 5508.% Mr. Jerry Fontaine Planning Commissic Chman City of Stillwater 1618 West Willarl Stree Stillwater, MN t7,5082 10/00 OS 1Y 612 ,1 2 -.?1 EXiHR.0 LBW & V Z 03 III III Mr, Dennis Trrinda Planning Culmiszion Chirman Town of Baytown 14105 'ac;rth 45th Istreet Stillwatr, MN 55082 City of Stillwater 216 North 4th Street 1 tillwater, MN 55082 Mr. Steve Russell, Planner City o2 Stillwater 216 North 4th Street Stillwater, MN 55082 County of Washington Washington County,/ Coverameht Center 14900 - 61st Street North Stillwater, MN 55082 Washington County Planner. Washingtc.Yri County Ccwernnent Center 14900 - 61st 3treet North Stillwater, MN 55082 I 0/09.A:10 le 03 'in' 6 I::: 4:.'39 2r-(.'!, EIBER(1 L B VI r'.:- V 2 04 • 110 , / II ' / ,:;P ,... Violet Kern // STATE OF MINNESOTA ) 0 ) ss. COUNTY OF i / ,e On tn 1.E, ,2 ,-„, t, day ct ,,-.24,,. ::,:)z& ? , , 19 9 0, be f ore me, a Notary Public, witbln an3 for 5ai,1 County 4nd 8tate persoaally appeared VlolGt Kern, a simile pr,son, to 'ive known to be the person describe in and wt..,. exe,ct..ted the foregoin,..j instrumerit and acknowledged that she oxeck4ted the samel as or free, act and deed, „,,,,Zz ii, _ .,:. 44. .,____L-1,,,____,„:44.444 .4,4 — Itiqkary PubVic (r— r414,,-#.o..1.44... ..,..4.4-,N...,o#.94.4-0.~#4.0~...#4 • Z ,-,.'77tr% C'AiSPY:-1 A. k!!Niqr,st3 ,, 4i, NorAA,s....iti„_.-Olis...0,0 44 r* 't Ritmstv Couwry . I or/A- topooN wogs 4400-1 6.it* CO440040404~0444444.44444 !().4 612 4 2 ,: • • t). L liallI1i Ir-da.',VOCAPA2 MIST , - ..77„,--- i • ,j it-- / , .1 ,,.. Y... Vlolat Yern: ITrustee / - STATE OF MINNESOTA ILL -"r COUNTY ‘ i .,) On day ote.- Le„ .. 1950, before M , a Notary Public, within and f..-2,1: sai-d County and State, personally appeared Violet. 1-trn, a single parson '',',c1 me known to be the Trustee of the 0, L. Foo_Irn Irevl Trust who executed the foregoing intit7ro.mf:,.nt and ac •nowldged thrlt she eo.(- uted t) a same ?4 , her free act and deed s Trutee of t%,:,-J 0, L., Xorn irrevocable Trust. i ,x,'4 x7 ,... ,. , ,--&_ ...,-4.1..-4.2 __ Notary Pubfic r- ilk [ :,....1„,..-.",....,7-,4-t76 ,,76-z4.0-1.-*441. 1 4,,,i4 NO rc,44 k!!-,41:1,4:76e43V-yC nt. ' ‘'- f....`` 4 rarttath i701:X$ \k°L.) *' 1 Asgli.1 ts T Si 4.~,-4c-oattoo.,1,,,444t4M0,000# 10/02/W 16 (4 V 612 43.:4 .2,,78 i-':: ::BEi;;(1 L B • S / - .,,„,_./ .. .-,...---- ...- . Fritz T._.:Vitmanns ..' / ---- -,--t--.4&--- --- / -.• - - ,,,, '-ri- Carol A. Oltmanne STATE OF MINNESOTA ) i ss. di. 4 - ) COUNTY OF . •. A , 1., t i ' 4.• 4 ij < ' On ti 1 4,5 c"°'(:: 4 day t,:., '..70.,4----eit4,;(._,itt,4,.„- 1990, before me, a Rotary Public, witnInt and for saiil County and State, personally appeared Fritz T. Otmnn5 and Carol A. Oltrianns, 'nusbanA and wife, to re known to be the pc!rtions tia-zcribed in antl who executed the foregoing instruvient and acknowledged that they executed the same a their fre. act and pi-6t. „ / / . _ ii / / / ..,4 4 \ , ,I...4,.._ \ ...., . __,,,&____________ 1441t ry Puhile later-t."..0 4..4-vf.V,e,-.40: ','..,,,V.,•,.01. -..414.-.~-,341,R MI wti WESER I elA7*21,‘ ft'' ',...00,,,, t 40;) ''WVASHINGTON CaNTY - .,'• vey rvitm. Lora regi 22, lok -.......,-..r.,........ .,,,,,,......... 10/02/90 rk 619 43;i:: ,7 E 07 • • . A ) Elmer Haas& I Ruth Haase STATE OF MINNESOTA ) ) ss. COUNTY' OF • On this day of 9)O, before me, a Notary Public, .1"T„Sri z.oid for .54‘.i.A County and Ste, personally appeared Elmer Haase ars-d h etS$ huturnd ar:A-1:lite, to me known to be the persons cle.5c;ribed o Xtut ad the foregoing instrtment and d Ch ri d Ci Pk-r- t e d the same - - as thklir free act and deed . ,,,. • , • • ., /Notry Publlc to/02/90 - (1,,.05 1 ' 612 qn ',-2Z7'.', EKSERC i..: .E W V • • ,-t • — ,,, 1/ ,,...7.,..4....1/7 I/./ . ,,,.. .,_,.._..v,....._434_,.. ....L._,,,- ,e'r/ ,-." 1,...._/ ,' ..,,,,4,.--" 2,,,.• ______ tal Dune K. Krueger --7 U STATE ( F MINNESOTA ) ) ss. COUNTY OF ,e 7,11. . On this 10 day of . ,, .11%,!..4, _....._.„,,191*'07 before me, a Notary Public, ;;;TtEn And fr,7,r sald .County .11 State, personally appeared Alvin ,:: . Krueger and Elain Y. 4gerc,buSband and wife, to ma kne:7w:r. to be the pert:34:a ,1 des. fibt „..k.-n And who executed the foregoing instrument and acknowleOedyrdt ttlAy.—‘,.?-xected th- ,._ -..,-,.. same as their. free act and -- --- -4,"'"---' iv ........., i ""—. ■•i'Y C-Clace_EiViaLS,.J.i. — ,— . 11W4WOravw#01,4idoww1/40oos",04-,04,....0,_‘,4-0, 1 0/0'-,/'60 1 C 0 r_`■ MI t...1 f.' 430 ,:;',.: E!,:E'Eroo, 1 E '' V III III ImbEPENewT scnooL DTSTRICT NO. 3)4 187'5 South Grtlalel Street Stillwater, MN 55082 L ,alne tv< Iones6/ ....,„„,,,,..._ 1 By ,..-----; ,,..- , .i A I - ., '-1( ,.- ---r4., --- L'5t. ir , ---E,T1;i--; 'ii: T.,7" A,.--Ersi--------- STATE OF MINNLSOTA ) ) 95. COUNTY OF WASHINGTON) C.7, ' r On this -2 I day of -- )_,, -1.-- --,,, 11,„:,2- 1990 , before me a Notary Pobli , Eand ic„,r iTfdCo,,,;nty and State appeared Louise, W. Jones and Lynn M. L. Schme,d)t., cc me personally known, who being by me fir . cluly sworn, did 4ey that they are respectively the / %0 ,--- and L:, , .., -- o Independent School District No. 634 : who lyll. authorJty r-f Indepr.der<t S;zhool District No. 834 acknow'ledge saLj Instrtment tz, be tha flee, act and de!ad of said Indepelldent Scho,-A. nist'r4ct _ 1,etary Pu$Alc ..- - _ 0 j ' ' ' ,• / C,N jt k ■ ' e /I 6.k::I 1:.:.:.; 2 :7 ei El<BER-.-, L. Ei, -', ,i'.. V • 0 , - ., / ) ., / / r Beverly ern STATE OF MINNESOTA COUNTY OF ( _ On thil )1 -.,,...---',, day of ,. --,,,,/,. .--..„4-...-. ,..-,' . 19,ii0, before me, 3 Nctary Pubic, miJ..thin and ir..:.)r saiil Col,,175Ty i-i.od Sttc,, parsOnly appeared Beverly Yern, a ziLngle per6on, to me X):,..,. .,,i1-; t 1-e the person describd )..r1 and whc-, ,r::;=e,.lcu'..,:..‘:_.tfjf, t11 oregP-Jirr-1 inStrUMent and acknowledgod that &,,',e eoutt",.-d i-hii-:... ;_ian,,, AM he'e.-: free 6'--i' ,,nd iPed, .. 7 ' - ' -,---°---- -- -- =,. '.. -'4''''-1\ ' -4-''' "' .J1' et i....;,;; ,- ,,,,,,„ _ . . f ; Notary Pu,lic .-... , „_.,„... ,..,, f. " 0....:,...a,1 ,,,„ !-,‘„,..;,, ., t , ..------ - .;. L II e,11'. , . PRODT",: OERZ; TO -ITE (-:$r PUANT di j Minne!!.(11-,t 16.5. fAetro St. Pau7 , The property to tho The Qwners The Ar-t.vil, tollOW : All a..TJ east:,,,r.74 of th 81so k: in as the 1 , 733 , 1,5 f.t*-et thereof , The Wes.1;it t 5, Ttr....wnsip 29 ;,:,Inge south 1, 7 15 _ The 1/4 u f , Th'a 1/4 of the :1/4. 1 Zlwfth .a ,4e1 21-; The !',41.-:4 Gf 1,t, ctif:-,T1 7 , tTj 2S the)-4;,rro,,,, thAt pAr-L Clt‘: PA*,j( Minnesota. All c..f. Washirl9tor-1, 411 111 ) i Page two - Minutes 8/13/90 Legal staff to research and draft ordinance relative to the placement of dumpsters on city streets and present it at August 27th meeting. O'Neal, seconded by Kern, moved to direct Clerk to correspond with Department of Transportation, Harriet Mc Pherson and Gary Laidig regarding loss of Federal Funds due to speed limits. 5 aye votes. Carried. O'Neal, seconded by Kern, moved to communicate with the State Correctional Facility in Bayport regarding the target practice site; type of weapons used, hours used, by whom and frequency of use and request response for August 27th meeting. 5 aye votes. Carried. Kern, seconded by O'Neal, moved to approve minutes as presented for July 9th, 16th, 23rd and August 6, 1990 . 5 aye votes. Carried. Park Commission will meet at City Hall, Monday, August 20, 1990 at 6 :30 p.m. Doerr, seconded by O'Neal, moved to approve expenditure for dinner for team building meeting scheduled for Wednesday, August 15th. 5 aye votes. Carried. O'Neal, seconded by Doerr, moved to authorize city staff to provide cost estimate for stop sign on K Mart property to K Mart management and proceed with the installation with city billing K Mart for costs incurred. 5 aye votes. Carried. O'Neal, seconded by Doerr, moved to authorize Mayor and legal counsel to contact property owners regarding annexation. 5 aye votes. Carried. Doerr, seconded by Kern, moved to instruct building inspector to contact owner of building located at 14791 No. 60th St. and P request sign plan for multiple use occupancy. 5 aye votes. Carried. Doerr, seconded by Kern, moved to approve request submitted by Northern States Power Co. to install 6" gas main on Hwy #95 from 6th Ave. N. in Bayport to 2000 ' N. of Bayport/Oak Park Hts. City limits as per sketch. Aye votes cast by O'Neal, Doerr, Sommerfeldt and Kern. Abstain by Seggelke . Request approved. • • Independent School District no. 834 1875 SOUTH GREELEY STREET STILLWATER,MINNESOTA 55082 Pion 439-5160 'COMMON ni AMMO* V July 31, 1990 TO LETTER Mr. Lyle- J. Eckberg Eckberg Lammers Briggs Wolff & Vierling Attorneys at Law 1835 Northwestern Avenue Stillwater, MN 55082 Re: Annexation Resolution Dear Mr. Eckberg: • Enclosed is a copy of the resolution passed by the school board at its July 26 meeting. Please consider this letter and resolution official request for the City of Oak Park to begin the annexation process. It is my understanding that you will prepare for signature the petition for annexation. When that is completed, please call me. Thanks for your assistance in this process. We look forgard to working with you as we proceed. Sincerely, Daniel C. Parker Business Manager DCP be cc: D. L. Wettergren City of Oak Park Al Ranum An Equal Opportunity Employer DAVID WETTERGREN MARY JO WEINGARTEN KENNETH O.PEDERSEN DANIEL C.PARKER Superintendent Assistant perintendent Assistant Superintendent Business Manager Elementary Education Secondary Education MARV SWANSON DON J.LOE WILLIAM E.BJORUM HOWARD JIRAN Director Director Personnel Services Coordinator Director Special Services Data Processing Recreation&Grounds 111 To: School Board From: Dan Parker Date : July 26 , 1990 Re : Resolution to request annexation to Oak Park Heights Thursday July 26 , 1990 Whereas the district has entered into an agreement to purchase 130 acres in Baytown (Kern Property) for a secondary school site Whereas the district must seek city annexation to receive public sewer and water services and Whereas the City of Oak Park Heights has passed a resolution expressing a willingness to consider annexing the above site. Therefore be it resolved that the school board of Stillwater area schools does officially request annexation of the 130 acre Kern site by the City of Oak Park Heights and be it further resolved that the school board authorize the administration and officers of the school board to execute the necessary documents formulating • this request. • • 411 111 tom` Page 2 - Minutes September 10, 1990 Seggelke, seconded by O'Neal moved to adopt Resolution 90-09-34 authorizing petition for annexation of Krueger, ISD #834, Haase and Oltmanns property in Baytown Township and authorizing City Clerk to execute a check in the amount of ` $600.00 to the Minnesota Municipal Board for a filing fee. Roll call vote taken with 5 aye votes. Carried. O'Neal, seconded by Kern, moved to adopt Resolution 90-09-35 approving increase in Junker Sanitation rates from $14.75 per household per month to $17.10 per household per month. Roll call vote taken with 5 aye votes. Carried. Kern, seconded by Doerr, moved to purchase E-Z-Freeze portable pipe freezing system at a cost of $731 .50 to be expended from the Water Fund. 5 aye votes. Carried. Park Commission will meet Monday, September 17 , 1990 at 6 :30 p.m. at City Hall. Seggelke, seconded by Doerr, moved to direct Administration staff to communicate with Baytown Township Clerk regarding details of Northbrook/Oakgreen overlay, widening, bikepath project. O'Neal, seconded by Doerr, moved to approve 5% salary increase for Michael Kaehler effective on his 3 months anniversary date of employment. 5 aye votes. Carried. O'Neal, seconded by Seggelke, moved to accept Building Official' s "fill-in" inspections. 5 aye votes. recommendation for fill-in building i p Y Carried. Team building meeting scheduled for September 19th at 7 :30 p .m. at City Hall. O'Neal, seconded by Seggelke, moved to schedule non union employee salary workshop October 17th at 7 :00 p.m. at City Hall. 5 aye votes. Carried. Seggelke, seconded by Kern, moved to adopt Resolution 90-09-36 approving installation of a stop sign southbound on O'Brien Ave. N. at the corner of 54th St. N. Roll call vote taken with 5 aye votes. Carried. Police Department authorized to install "Children at Play" sign on Peabody Ave. N. O'Neal, seconded by Doerr, moved to adopt Resolution 90-09-37 approving Minnesota Transportation Department Traffic Control Signal Agreement No. 67568. Roll call vote taken with 5 aye votes. Carried. 09/13/90 12:00 $ 612 439 2878 EKBERC LBW & V e 02 . • ft RESOLUTION 90-- / cITy or OAR PARR HEIGHTS WASEINGTON COUNTY, MINNESOTA AREAS, Minnesota Statute 414 . 031, Subdivision 1 provides for the initiation of proceedings for the annexation of unincorporated property to abutting municipalities, allowing same to be initiated by Resolution of the annexing municipality; and, WHEREAS, the City of Oak Park Heights, a Minnesota statutory city, has been requested to annex certain lands within Baytown Township by affected property owners; and, WHEREAS, the area proposed for annexation is legally described as follows: All that part of section 6, Township 29 North, Range 20 West, lying and being easterly of the Center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733. 15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1,733 .15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. and, 09'13%90 12!01 $ 612 439 2878 EKBERC L BW & V QI 03 • • WHEREAS, attached hereto and incorporated by reference to this Resolution are the signed consents from affected property owners Alvin J. Krueger, Elaine K. Krueger, Independent School District No. 834 and Elmer Haase and Ruth Haase; and, WHEREAS, the area proposed for annexation abuts the City ty of Oak Park Heights on the City's westerly boundary thereof and none of it is presently a part of any incorporated city or in any area designated for orderly annexation; and, WHEREAS, the total acreage of the area proposed for annexation is 392 acres; and, WHEREAS, the City of Oak Park Heights believes that all this property is or is about to become urban or suburban in character; and, WHEREAS, the wishes of Independent School District No. 834 as it affects lands of which they have an interest in is to secure municipal water and sewer services which are not available in the area through Baytown Township; and, SEAS, the necessary governmental services can best be provided through annexation to the City of Oak Park Heights of the above described property; and, WHEREAS, the existing Township government is not adequate to protect the public health, safety and welfare or provide municipal services as are requested by the affected property owners; and, WHEREAS, the proposed annexation of these lands to the City of Oak Park Heights would be in the best interests of the area under consideration. 09/13/90 12:0 V 612 439 2878 EMBER' B W & V 2 04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That pursuant to Minnesota Statute Section 414 .031, Subdivision 1 (A) and (C) , the City of Oak Park Heights herewith requests the annexation of the following described real property now located within Baytown Township to be annexed to the City of Oak Park Heights. The property sought for annexation to the City of Oak Park Heights is legally described as follows, to-wit: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733 .15 feet thereof. The West 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1,733 . 15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. 2. The City of Oak Park Heights herewith requests the Minnesota Municipal Board to schedule a public hearing upon notice in the manner provided pursuant to Minnesota Statute 414.031, Subd. 2 for purposes of hearing of this request. 3. That attached hereto and incorporated by reference herein are the consents of the affected property owners 09/13/90 12:02 ' ` 612 439 2873 ERBERG L 5 W & V Q1 05 • Independent School District No. 834, Alvin J. Krueger, Elaine K. Krueger, Elmer Haase and Ruth Haase. Qt- Oc.. ce 4. That the City Clerk for the City of Oak Park Heights is herewith directed and authorized to execute t a certified copy of this Resolution with its attachments and exhibits and forward same directly to the Townshi p Clerk for .Baytown Township. P 5. That the City Clerk for the City of Oak Park Heights is herewith directed to Pile a certified copy of this Resolution with the Minnesota paying Municipal a p ying the appropriate filing fee therefor as authorized in the manner provided for by Minnesota Statute 414.031. Passed by the City Council o y Y of the Cit y Park Oak Pa k Heights this his loth day of September, 1990. Prank O. Sommerfeldt, Mayor Attest: LaVonne Wilson, Administrator/Treasurer 09 13/ 0 12 OCI 12 4, 9 2'-7.: PER : 1 B ,', k L2 01 0 • E,:: 81..Pc1 L m E.r;F , L g- J EC., 3tFIG ..1k., Z, 439 2$7e, P`AX It, 43,4 ,:k$,:•J ROP4t$41. (1 eRiiCs PAUL.A W01.rr MARK„,,1 vsEni-U•4:1. viCK L t.,nrrOtIO 300'..eiO5r* G CALL me'ViN pc SHOEAEPG 1.1.4CiniS 1 NEIONER PAX TVANSM1W1L PCRA TO: • Si , ) _ ___ FAX yr X NO. i 7, ( - 's, ?wi t v4 , 1., FRON: _........ . D ...,„ ATE: c ......___ ...... ....... RE: ---—7- – _... , TOTAL NUNIIER OP PAGES ( 7.1.1c.,10dIncl cover shet) : ___ _ If all pagea are not. :reeivd please call at (612) 439-2878 . Thank you. ______ 09/13/90 12 00 TY i 2 4314 987 ET.RC L fi V 02 110 RESOLUTION 9O CITY OF OAR PARK HEIGHTS WASHINGToN cOUNTY, MINNESOTA WHEREAS, Minnesota Statute 414 . 031, Subdivision 1 provides for the initiation of proceedings for the annexation of unincorporated property to abutting municipalities, allowing same to be initiated by Reaoiution of th annexing municipality; and, WHEREAS, tho City of Oak P:irk Heights, a Minnesota statutory city, has been requested to annex certain lands within Baytown Township by affected prn.porty owners; and, WHEREAS, tIa area proposed for annexation is legally described as follows: All that part of Section 6, Township 29 North, Range 2C West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trnnk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1, 733 . 15 feet thereof. The West 1/2 of the Soy 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1 , 733 . 15 feet thereof. The Northeaat 1/4 of 'the Southwest 1/4 uf section 5, Township 29 North of Range 20 West. The Southwest 1/4 of thk,t Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 2C West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being In the County of Washington, State of Minnesota. and, 0 . i3; O 2 01 %I' 612 4325 '' ,78 ENI-IC L v a 03 410 410 WHEREAS, attached. hereto and incorported by reference to this Resolution. are the signed. consents from affected property owners Alvin J. Krueger, Elaine K. Krueger Independent School District No 834 and Elner Haase. and Ruth Haase; and, WHEREAS, the &tea proposed for annexation abuts the City of Oak Park Heights on the City' s westerly boundary thereof and none of it is presently a part of an incorporated city or in any area designated for orderly annexation; and, WHEREAS, the total acreage of the area proposed for annexation is 392 acres; and, WHEREAS, the City of Oak Park Heights believes that all this property is or is about to becct-le urban or suburban in character; and, WHEREAS, the wishes of Independent School District No R34 as it affects lands of which thcy have an interest in ic to secure municipal water and sewer servi• es which are not available in the area through Baytown Township; and, WHEREAS, the necessary governnental services can best be provided through annexation to the City of Oak Park Heights of the above described property; and, WHEREAS, the existing Township government la not adequate to protect the public health, Eiafety and welfare or provide municipal services as are req1.4.estad by the affected property owners; and, WHEREAS, the propooed annexation. ot these lands to the City of Oak Park Heights would be in the best intere4ts of the area under consideration. O9/13/ 0 12.01 12 27 E1E L B W V 04 410 110 NOW THEREFORE, HE TT RESOLVED SY THE CITY COUNCIL FOR ME CITY OF 0AX PAM HIVIGHTS AS FOLLOWS: 1. That pursuant to Minnesota Statute Section 414 , 031 , Subdivision 1 (Pa) and C') , the City of Oak Park Heights herewith requests the annwication of the tfollowing daz-tcribed real property now located withn Saytown Towm;hip to b an to the City of Oak Park Heigh . The property sought for annexation to the City of Oak Park Heights is legally described aa follows, to-wit: All that part of Oectio:', 6, Township 2,4 North, Range 20 WeF;t, lying and being easteriy of the center line of Stillwater Poulavard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212 , except the South 1,733 . 15 feet thereof . The West 1/2 :7-,f the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1, 733 . 15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 west. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North -,)f Range 20 West, The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, exoepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and be1n4 in the County of Washington, State of Minnesota. 2 The City of Oak Park Height herewith requewts the Minnesota Municipal Board to schdule a poblic hearing upon notice in the manner provided p-wcsuant to ?4innesota Statute 414 . 01, Subd. 2 for purposeL of hearing of this request. 3 . That attached herto and tncr)rporated by reference herein are the (: nsenta of the affectea pr,._,%perty owners 9,-13/90 12!(2. t'T 612 .-13. ',''8 fAdiER L 411 0 Tndepehdent School District No. 834 , Alvin J. -Krueger, Elaine. K. Xrueger, Elmer Haase and Ruth Haase. 4 . That the City Clerk for the City of C.,e.k. Park Heights is herewith directed and authorized to ezecote a certified copy of• this Resolution with its attachments and exhibits and forward same directly to the Township clerk for SaytoWn Township. 5. That the City Clerk for the city of Oak. Park Heights is herewith directe3. to file a certified copy of this Resolution with the Minnesota M'onicipal Board p ?ying• the appropriate filing fee therefor as authori7ed in the.: manner proOded for by Minnesota Statute 414 , 031. Passed by the. City Couhcil ..n17 the City. of Oak Park Heights this 10th day of Septenher, 1590. Pran0., SomalleinT2Z, lilaToIT Attest: nneWi Administrator/TraaSurer i S 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. 4-5Z00.7.0 t's) 11 V • EXHIBIT "A" The Southwest Quarter of the Northwest Quarter (SW1 of NWT) of Section 5, Township 29, Range 20; and The North One-half of the Northwest Quarter of (Nh of NW's) 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. * * * * * 411 410 4 , 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 , MN 55082 We the undersigned, owners of the real estate decribed in Exhibit "A" attached hereto and made a part hereto by reference , do hereby request to be annexed to the City of Oak Park Heights as we are in need of city services . Said area contains approximately one acre . Dated this 7th day of February , 1988 . ;Y7 � a 4.a°. $F / 0 ;id . • • EXHIBIT A All that part of the Northwest Quarter of the Northwest Quarter (NW% of NW's) of Section Five (5) , in Township Twenty-nine (29), North, of Range Twenty (20) West of the Fourth Meridian, described as follows, 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 Number 212 with said west line, sand running thence south along said west line Five Hundred Twenty-eight (528) feet to an iron monument set on said west line; thence east on a line parallel to the north line thereof Eighty-two and five-tenths (82.5) feet to an iron monument, thence north on a line parallel to said west line Five hundred twenty-eight (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 along sai d right-of-way line of said highway Eighty-two and five-tenths (82.5) feet to the Point of Beginning, containing One (1 ) acre, according to the United States Government Survey thereof.