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HomeMy WebLinkAboutBaytown to OPH Bjornson 1970 A-1725 Oak Park Heights BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chairman Arthur R. Swan Vice Chairman Robert J. Ford Member I. A. Pederson Ex-Officio Member Robert E. Wright Ex-Officio Member IN THE MATTER OF THE PETITION FOR THE ANNEn T ION OF CERTAIN NOTITF OF HF A,RIN G LANDS TO THE VILLAGE OF OAK PARK HEIGHTS Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes 414 as amended, before the Minnesota Municipal Commission in the above-entitled matter in the Washington Z County Office Building, Stillwater, Minnesota, on the 18th day of March, 1970, commoncing at 10:00 o'clock a.m. , and continuing until all representatives or other interested groups of persons have had an opportunity to be heard concerning the above-entitled annexation by submitting either oral and or written data, statements or arguments. Statements or briefs may be submitted without appearing at the hearing. The property proposed for annexation is described as per attached. Dated this 18th day of February, 1970 MINNESOTA MUNICIPAL COImISSION 610 Capitol Square Btu .:I.dirig St. Paul, Minnesota 55101 .t _ Bruce Rasmussen Secretary • _ . . . A-1725 Oak Park Heights All those parts of the Northwest Quarter of the Northwest Quarter (NW71; of NW4) of Section Four (4) . Township Twenty- nine (29) North, Range Twenty (20) West, described as follows, to-wit: Commence at the Northeast corner of the NW of NW-. of said Section 4; thence South along the East line of said NW4 of Ma of Sec. 4 for 555.62 feet to the point of beginning of this description; thence continuing South along said East line for 652 feet to the Southeast corner of said NW of Nn of Sec. 4; thence west along the South line of said NW . of NW of Sec. 4 for $92.7 feet to a line drawn parallel and 429 feet East of the West line of Sec. 4; thence North and parallel with said West line of Sec. 4 for 550 feet; thence East and parallel with said North line of Sec. 4 for 204 feet; thence North and parallel with said West line of Sec. 4 for 100.9 feet; thence East and parallel with said North line of Sec. 4 for 6$$.5 feet to the point of beginning. Subject, however, to easements of record to the Northern States Power Company as granted by Alvin H. Mooney, Irving A. & Jane K. Underwood, and Albert Peter Klein & Mabel A. Klein. ALSO INCLUDING The North Sixty-six (66) feet of the West Four Hundred Twenty-nine (429) feet of the South Five Hundred Fifty (550) feet thereof, and the South Seventy (70) feet of the North One Hundred Thirty-six (136) feet of the East Two Hundred (200) feet of the West Four Hundred Twenty-nine (429) feet of the South Five Hundred Fifty (550) feet thereof. IIII ------- Z f III • `A1, 4)4 LAW OFFICES OF r \ ECKBERG, LAMMERS AND LADEGAARD ik STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG 438-2878 JAMES F. LAMMERS JAMES C. LADEGAARD April 3, 1970 ROBERT G. BRIGGS The Honorable Raymond Johnson Mayor of Oak Park Heights Y (.9)0 Oak Park Heights Route 1 Stillwater, Minnesota 55082 In re: Resolution regarding annexation of lands located in the Town of Baytown Dear Raymond: Enclosed herewith please find a copy of the proposed resolution which we had agreed to present to the Council at the next regular meeting regarding the above entitled matter. We would appreciate your- self and the Council reviewing said resolution and in the event you have any questions or comments regarding the same, please do not hesitate to contact our office prior to the meeting on April 13 . Yours very truly, ,1,0P-41 /4-- 4rvriNA-r..4- es F. Lammers m s JFL:jl Encl. cc: Lester Bell Gilbert Mondor George Monty R.B. Torgerson Ken Heuer a 1 • • • �ty V I. ,' RESOLUTION ESTABLISHING POSITION OF VILLAGE COUNCIL OF VILLAGE OF OAK PARK HEIGHTS REGARDING ANNEXATION OF VARIOUS LANDS LOCATED IN THE TOWN OF BAYTOWN TO VILLAGE OF OAK PARK HEIGHTS WHEREAS, the Village Council of the Village of Oak Park Heights, Washington County, Minnesota, has heretofore on the 10th and 20th days of November, 1969 approved petitions to annex certain areas located in the Town of Baytown to the Village of Oak Park Heights, and WHEREAS, the Town Board of the Town of Baytown duly opposed said petitions for annexation, and WHEREAS, a consolidated hearing on said petitions was duly held before the Municipal Commission of the State of Minnesota on the 18th day of March, 1970, at the Washington County Office Building, Stillwater, Minnesota, and WHEREAS, subsequent to the commencement of said hearing, the Town of Baytown through its duly appointed attorney, Jack Wallace, agreed to withdraw its objection to said petitions for annexation, thereby enabling said Municipal Commission to issue its order for annexation provided, however, that the Village of Oak Park Heights adopt a resolution disapproving of any further petitions for the annexation of any lands in the Town of Baytown to the Village of Oak Park Heights, pending discussions to take place between the Village Council of the Village of Oak Park Heights and the Town Board of the Town of Baytown, regarding a permanent solution to the problem of piecemeal annexations by said Village, and WHEREAS, the Honorable Raymond Johnson, Mayor of Oak Park Heights, at said hearing agreed to encourage the .. , . 4 adoption of said resolution by the Village Council of the Village of Oak Park Heights provided, however, that said Village consult the town of Baytown upon receiving of petitions for annexation, and would approve all annexation petitions not opposed by the Town of Baytown, and provided further that discussions would commence immediately between the said Village and Town regarding a permanent solution to the problem of orderly annexation, and WHEREAS, it is incumbent upon the Village of Oak Park Heights, the Town of Baytown and the Village of Bayport to make every possible effort to arrive at a permanent solution regarding the future development of said municipalities. NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, as follows: 1. That the Village Council of the Village of , Oak .Park. Heights hereby disapproves of any further petitions for the annexation of any lands in the Town of Baytown to the Village of Oak Park Heights; provided, however, that in the event any such further annexation petitions are received by said Village, and upon receipt of written notice from the Town of Baytown not opposing such annexation, such petition shall be approved. 2 . That the Village Clerk may be and hereby is authorized to write to the Town of Baytown requesting a meeting at the earliest possible time between said Town and Village for the purpose of discussing perm- anent solutions to the problem of annexation; that such discussions shall include and not be limited to the advantages and disadvantages of merging the Vil- lage of Oak Park Heights and the Town of Baytown. 3 . That said Village Clerk is further instructed to contact the Village of Bayport and request the attendance of said Village at the above described meeting. 4. That in the event the above municipalities are unable to resolve the question of the best solution Y ' to the problem of piecemeal annexation or orderly annexation, BE IT FURTHER RESOLVED that the Village of Oak Park Heights requests the assistance and guidance of the Municipal Commission in this matter. 5. BE IT FURTHER RESOLVED that in the event no permanent solution, as above described, is arrived at between the Village of Oak Park Heights and the Town of Baytown after all reasonable efforts have been made, that said Village of Oak Park Heights shall take such other necessary steps to accomplish such permanent solution and shall further agree to receive annexation petitions from free holders residing in the Town of Baytown. 6. BE IT FURTHER RESOLVED that the Village Clerk be and hereby is authorized to forward a copy of the foregoing resolution to the Town of Baytown, the Village of Bayport and the Municipal Commission of the State of Minnesota. Passed this day of , 1970. Mayor Clerk • /It) 1„) r NEWCOME, WALLACE 8c NEWCOME t ATTORNEYS AT LAW W-1557 FIRST NATIONAL BANK BUILDING Lt SAINT PAUL, MINNESOTA 55101 THOMAS W. NEWCOME PHONE 227-9281 JACK C. WALLACE RICHARD N. NEWCOME WARREN NEW GOME ASSOCIATE May 25, 1970 Mr. Kenneth Heuer, Clerk of Oak Park Heights Route 1 Stillwater, Minnesota Dear Mr. Heuer: The Town of Baytown acknowledges receipt of your recent Resolution concerning pending annexation petitions and future annexation petitions . The Town Board and other involved people have examined your Resolu- tion. It is the considered opinion of Baytown Township that this Resolution does not convey the understanding that was agreed to at the recent hearing before the Municipal Commission of the State of Minnesota. Your Resolution provides that you will not approve any further annex- ation petitions for a period of 60 days. This limitation of time was not agreed upon and is not within the spirit of our settlement. It has been approximately 60 days since the date of the hearing. Your Resolution was presented almost 60 days from the date of that hearing. It does not seem realistic that much can be accomplished on the general subject in a period of 60 days . As you know, Baytown Township has made itself available and stands ready to meet and discuss future annexations. The Township is not confident that your community, nor the other communities involved, will take the immediate action necessary to accomplish something i , • 0 Attn: Mr. Heuer Page 2 within 60 days. The Township suggests that you re-consider this time limitation and approach the matter more realistically. Yours very truly, COME, WALL & NEWCOME abit e <il (titet, ________ Jack C . Wallace JCW:rk cc: Municipal Commission SniOnet 221.242$ t*. as STATE OF MINNESOTA MUNICIPAL COMMISSION 610 Capitol Square Building 10th & Cedar Streets St. Paul, Minnesota 55101 June 15, 1970 Mr. James C. Ladegaard Eckberg & Lammers Attorneys at Law Stillwater, Minnesota 550$2 Mr. Jack Wallace First National Bank Bldg. St. Paul, Minnesota Re: Oak Park Heights Annexati• A-1725 & A-1734 Gentlemen: The Municipal Commission reviewed ► 4e subjec •roceeding on the 10th day of June, 1970. The Commi - • tends to schedule a continued hearing on this matter. Before setting a hearing date, however, I would like an up-to-date report on any negotiations underway. Please telephone or write me at your earliest convenience. Thank you for your consideration. Very truly yours, MUNICIPAL COMMISSION pl rt .t •-.�. / �. - L _ Bruce Rasmussen Secretary BR/mg • 4111h-C J.!t , .s,L 0 • LAW OFFICES OF /9 • ECKBERG, LAMMERS AND LADEEGAARD �, STILLWATER. MINNESOTA 55002 Al' 1 LYLE J. ECKSERG ` 4 450-2075 . JAMES F. LAMMERS JAMES C LADEGAARD ROSERT G. BRIGGS June 24, 1970 N" Lawson, Kelly & Ranum Attorneys at Law 104 North Main . Stillwater, Minnesota 55082 Attention: Al Ranum In re: Oak Park Annexation Dear Al : Enclosed herewith please find a copy of a letter we received from the Minnesota Municipal Commission regarding the above entitled matter. I talked to Mr. Bruce Rasmussen by phone upon receipt of said letter, and he indicated that the Commission felt that the Village of Oak Park Heights had not lived up to its agreement as expressed by the mayor, at the hearing regarding said annexation. It was the basic understanding at that hearing that the • annexation would be granted upon receipt of a resolution from the Village of Oak Park Heights, said resolution agreeing to accept no further annexation petitions pending reasonable efforts on the part of the Village and the Town of Baytown and possibly the Village of Bayport to resolve the overall mutual problems, piecemeal annexation. The Village, in such resolution, limited the time of these discussions to a period not to exceed, 60 days. The Commission feels that such a limitation is not i reasonable and does not set forth the. good faith intentions of the Village as expressed at said hearing. Regarding the continued hearing on this matter before the Commission, it is my understanding that sufficient evidence was presented to comply with the statute and that the Town of Baytown had stipulated that the annexation could take place pending the receipt of the resolution above described. For further background on the Village ' s position at this time, I would suggest you contact Ken Heuer, Village Clerk. • • A 4 41O 411 Mr. Ranum Page 2 Should you have any questions regarding this matter, please do not hesitate to contact our office. Yours very truly, James F. Lammers JFL:jl Encl. cc: Ken Heuer Route 1 Stillwater, Minnesota 55082 . ! 0 ! A-1725 Oak Park Heights BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chairman Arthur R. Swan Vice Chairman Robert J. Ford Member I. A. Pederson Ex-Officio Member Robert E. Wright Ex-Officio Member IN THE MATTER OF THE PETITION ) FOR THE ANNEXATION OF CERTAIN ) NOTICE OF CONTINUED HEARING LANDS TO THE VILLAGE OF OAK ) PARK HEIGHTS ) Notice is hereby given that a continued hearing will be held pursuant to Minnesota Statutes 114 as amended, before the Minnesota Municipal Commission in the above-entitled matter in the Washington County Office Building, Stillwater, Minnesota, on the 23rd day of September, 1970 commencing at 10:00 o' clock a.m. , and continuing until all representatives or other interested groups of persons have had an opportunity to be heard concerning the above-entitled annexation by submitting either oral and or written data, statements or arguments. Statements or briefs may be submitted without appearing at the hearing. The property proposed for annexation is described as per attached. Dated this 17th day of August, 1970 MINNESOTA MUNICIPAL COMMISSION 610 Capitol Square Building .St. Paul, Minne ota 55101 • Bruce Rasmussen Secretary A-1725 Oak Park Heights t All those pares of the Northwest Quarter of the Northwest Quarter (NJ4 of NJ1) of Section Four (4) . Township Twenty- nine (29) North, Range Twenty (20) West, described as follows, to-wit : Commence at the Northeast corner of the NW4 of NW4 of said Section 4; thence South along the East line of said NW4 of NW4 of Sec. 4 for 555.62 feet to the point of beginning of this description; thence continuing South along said East line for 652 feet to the Southeast corner of said NW4 of NW4 of Sec. 4; thence west along the South line of said NW4 of NW4 of Sec. 4 for 892.7 feet to a line drawn parallel and 429 feet East of the West line of Sec. 4; thence North and parallel with said West line of Sec. 4 for 550 feet; thence East and parallel with said North line of Sec. 4 for 204 feet; thence North and parallel with said West line of Sec. 4 for 100.9 feet; thence East and parallel with said North line of Sec. 4 for 6$$.5 feet to the point of beginning. Subject, however, to easements of record to the Northern States Power Company as granted by Alvin H. Mooney, Irving A. & Jane K. Underwood, and Albert Peter Klein & Mabel A. Klein. ALSO INCLUDING The North Sixty-six (66) feet of the West Four Hundred Twenty-nine (429) feet of the South Five Hundred Fifty (550) feet thereof, and the South Seventy (70) feet of the North One Hundred Thirty-six (136) feet of the East Two Hundred (200) feet of the West Four Hundred Twenty-nine (429) feet of the South Five Hundred Fifty (550) feet thereof. • A-1725 and A-1735 BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chaiman Arthur R. Swan (<-Vice Chairman Robert J. Fbrd Member I. A. Pederson Ex-0:ficio Member Robert E. Wright Ex-0' ficio Member IN THE MATTER OF THE PETITIONS) FOR THE ANNEXATION OF CERTAIN ) NOTICE OF CONTINUED "HEARING LANDS TO THE VILLAGE OF OAK ) HEARING PARK HEIGHTS A-1725 d A-1735 ) Notice is hereby given that a cottinued hearing will be held pursuant to Minnesota Statutes 414 as amended, before the Minnesota Municipal Commission in the above-entitled matter in the Washington County Office Building, Stillwater, Minnesota on the 13th day of January, 1971, commencing at 10:00 o'clock a.m., and continuing until all representatives or other interested groups of persons have had an opportunity to be heard concerning the annexations by submitting either oral and or written data, statements or arguments. Statements or briefs may be submitted without appearing at the hearing. The property proposed for annexation was described in Municipal Commission Notices of hearing dated August 17, 1970. Dated this 6th day of January, 1971 MINNESOTA MUNICIPAL COMMISSION 610 Capitol Square Building, St. Paul, Minnesota Bruce Rasmussen Executive Secretary ICI LAW OFf I HAROLD 1-.CCAP�vER �6 ARTHUR G!LLEN ft l� ROG`-�:t G MILLER LeVander, Gillen, Miller & Magnuson ��) Sv PAUL A. tAAGNU R ` � HAROLD l_:cVANDL-R. JR. �` PAUL H. ANDERSON 200 DROVERS BANK BUILDING • SOUTH ST. PAUL, MINNESOTA 55075 ®•/`ry TELEPHONE (612) 45% 183t � yD May 11, 1973 i ' ' '1YtI 1 4 '' ii, •ii • ujj u 't Mr. Raymond H. Johnson Mayor of Oak Park Heights 14922 North 60th St. • Oak Park Heights, Minnesota 55082 Re: Annexation Matter A-2056 Dear Mr. Johnson: Please be advised that on Thursday, May 10 , 1973 , hearing was held in Washington County . Court on motions the above entitled matte the Minnesota Municipal Commission moved that the Court c entify the questions presented in this law suit as being doubtful so that an appeal could be taken t the Minnesota oti.ng ''. • Supreme Court. The Judge did certify the questions Baled; however, important and doubtful so that they could be app he also granted a motion on behalf of Oak Park Heights - any further proceedings wit h respect to the above area tl be 44 annexation order, to enjoin any re-zoning of the annexed, to enjoin any installation of municipal utilities in the areas to be annexed and to enjoin the Minnesota Municipal Commission from proceeding with any other annexation p cet - ings in this area until the Supreme Court has had an oppo to issue its decision on the appeal. appeal to the Supreme by the Minnesota Municipal Commission will be that the proceedings The practical effect of the app me Co b urt with respect to the annexations in this area will be held up for approximately eight to ten months can make its ruling . There is a possibility that the Minnesota Municipal Commission may seek some extraordinary relief in light to of the fact that the Judge imHoole aannexation ordercthowever , at implementation of the Feeley Y this time I do not expect such matteraction isnquite their favorablehtorOakng by the District Court in this Park Heights in that any further annexations are enjoined pending y • I , . Mr. Raymond H. Johnson May 11, 1973 page 2 the an appeal and also that since the relief was granted by the p Judge in this p articular matter a bond by the Village of Oak Park Heights was not required in order to obtain the injunctive relief . as yet The order of court in this matter circulated drafte and once it is drafted will for all parties for their comment. Once of the has been signed by the Judge I will obtain a copy your records refer it to you encehatlf°ithaseyour°desire InW 11 make myself . for future refer your convenience to available to appear before the Council at your in this matter . give any further explanation of the proceedings Very truly yours, LeVander, Gillen, Miller & Magnuson ki li NI A Paul H. Anderson PHA/vk .,N cc: Lyle J. Eckberg Kenneth Heuer 3 A-1725 ` _'12`i C)'tr Park Ile.s t�s a-1714 Oak Park He =s !II • BEFORE TILE MUNICIPAL COMMISSION OF THE STATE OF M]NNESOTA • Robert W. Johnson Chairman Robert J Ford Vice Chairman Thomas J. Simmons Member Idor A. Pederson Ex-Officio Member Robert Wright Ex-Officio Member IN THE MATTER OF THE RESOLUTION) FOR THE ANNEXATION OF CERTAIN ) FINDINGS OF FACT LAND TO THE VILLAGE OF OAK PARK) CONCLUSIONS OF LAW HEIGHTS ) AND ORDER The above-entitled matter came duly on for hearing before the Minnesota Municipal Commission on various dates subsequent to the filing of the original resolution herein. That said resolution was subsequently expanded by the Minnesota Municipal Commission and consolidated with Minnesota Municipal Commission No. A-2196 (Lake Elmo) and Minnesota Municipal Commission No. A-2197 (Bayport) , and that the files involving the Oak Park Heights proceeding were Minnesota Municipal Commission Nos. A-1725 and A-1734; that there was a considerable number of hearings on said respective commission files and that subsequent to their consolidation, the last hearing was held on the 13th day of July, 1972, at the Washington County Office Building in the City of Stillwater. That on said last hearing date Commissioner Robert W. Johnson presided at said meeting and Commissioners Robert J. Ford and Harold J. Dahl were present together with Ex-Officio Members A. B. Schaefer and Idor Pederson, both Washington County Commissioners. Appearing for the Village of Oak Park Heights was attorney Lyle J. Eckberg; for the Village of Bayport was attorney John H. Rheinberger; for the Village of Lake Elmo was attorney Donald T. Raleigh; • • and for the Totin of Baytown was attorney Esther M. Tomljanovich. Upon the evidence adduced at the hearing, upon the briefs of counsel and upcn all files and records herein, the Commission makes the following: FINDINGS OF FACT 1 . That the notices of hearing in the said above proceedings were all given pursuant to law. 2 . That the approximate number of residents residing in the area proposed to be annexed to the Village of Oak Park Heights in the expanded petition is 300 persons . 3 . That the area proposed for annexation contains 3 , 000 acres more or less . 4 . That said area is now or about to become urban or suburban in character. 5 . That said area is without governmental services except for fire protection furnished by Bayport and police protection furnished by the Sheriff' s Department of Washington County. 6. That said area is within the present limits of the same school district as the Village of Oak Park Heights . 7 . That the needed governmental services for said area except as herein stated can best be provided by the Village of Oak Park Heights. 8 . That the proposed annexation will have no adverse effect upon any community adjacent to the area sought to be annexed . 2 • . 9 . That the Town of Baytown' s form of government is inadequate to provide the governmental services now necessary or which will be necessary in the near future . 10 . That Section Seven (7) of the area proposed to be annexed is located North of the Lake Elmo Airport and lies adjacent to the Village of Lake Elmo and can be best provided with needed governmental services by the Village of Lake Elmo . 11. That the following described abutting area is now or is about to become urban or suburban in character and would be better served by the Village of Oak Park Heights : 12 . The Northeast Quarter (NE4) of the Northeast Quarter (NE4) of. Section Nine ( 9) , Township Twenty-Nine ( 29) North, Range Twenty (20) West . 13 . That the population of the area herein ordered annexed to the Village of Oak Park Heights is approximately 300 . 14 . That McDonalds Lake which is divided by the annexation herein ordered , is a non-meandered lake with a very limited watershed and will not be adversely affected by inclusion within more than one municipality. Counsel for the Village of Lake Elmo and the Village of Oak Park Heights stipulated that the boundary herein ordered dividing the lake was the most acceptable alternative. Expert opinion of the Washington County Planner was that such a division would not cause drainage or other problems of lake and land use. No party or person testified in opposition to the division as herein ordered. 3 ! • CONCLUSIONS OF LAW 1. The Minnesota Municipal Commission has duly acquired and now has jurisdiction of the within proceedings . 2. Municipal government of the area herein annexed is required to protect the public health, safety, and welfare . 3. The area herein annexed is so conditioned and so located as to be properly the subject of municipal government by the Village of Oak Park Heights . 4 . The interests of the Village of Oak Park Heights and of the area herein annexed would be best served by annexation of said area to the Village. 5. The area herein annexed is or is about to become urban or suburban in character. 6 . The township form of government is not adequate to meet the problems found to exist in the area herein annexed. 7 . The annexation will not materially affect the ability of the Township of Baytown to provide governmental services for the balance of said township. 8 . That the following described area would be better served by the Village of Lake Elmo: Section Seven (7) , Township Twenty-Nine (29) North, Range Twenty (20) West . 9 . That the area proposed for annexation should be increased by including the following described area: The Northeast Quarter (NE1) of the Northeast Quarter (NE1) of Section Nine ( 9) , Township Twenty-Nine (29) North, Range Twenty (20) West. 10. An order should be issued by the Minnesota Municipal Commission annexing the area proposed for annexation as modified above to the Village of Oak Park Heights and providing for an election on the question of annexation pursuant to the requirements of Subdivision 5 of Section 414 . 031 of Minnesota Statutes . S 411 ORDER IT IS HEREBY ORDERED: That the following described tract of land situated in the Town of Baytown , County of Washington, State of Minnesota, to-wit : Commencing at the Northwest corner of Section Six (6) (being the Northwest corner of the Town. of Baytown) , thence South along the West line of Section Six (6) to the Southwest corner of Section Six ( 6) ; thence East along the South line of Section Six (6) to the Northwest corner of Section Eight (8) ; thence South along the West line of Section Eight (8) to the Southwest corner of said Section Eight (8 ) being the point of intersection with County Road No . 14 , thence East and Northeast along the centerline of County Road No. 14 until its intersection with the centerline of County Road No . 67 ; thence northerly along the centerline of said County Road No . 67 to the Southwest corner of the Northeast Quarter of the Northeast Quarter of Section Nine ( 9) ; thence East along the South line of said quarter quarter section to its Southeast corner; thence North along the East line of said quarter quarter section to its intersection with the west line of the Village of Oak Park Heights; thence Northerly along the Westerly line of the Village of Oak Park Heights to its point of intersection with the North line of the Town of Baytown being also the North line of Section Four (4) ; thence West along the North line of the Town of Baytown along the Sections Four (4) , Five (5) , and Six (6) to the point of beginning, all of the above being in Township Twenty-Nine (29) North of Range Twenty (20) West . be and the same is hereby annexed to the Village of Oak Park Heights . IT IS FURTHER ORDERED : That a public election be held on the 7ch day of August, 1973 , at the Washington County Fairgounds (Hooley Building) in the Town of Baytown at which voters residing within the area annexed shall be entitled to vote for or against said annexation to be conducted as provided by law. IT IS FURTHER ORDERED: That the population of the Village of 5 , III III Oak Park Heights be increased by 300 persons to 1,538 for all purposes until the next state or federal census . IT IS FURTHER ORDERED: That all monies in the general fund and other assets of the township shall be divided on the basis of the ratio of the assessed valuation of the area annexed to the assessed valuation of the property remaining in the township . This accounting; shall take place within thirty (30) days of certification of the results of the above ordered election. IT IS FURTHER ORDERED: That any 1973 state or federal aids or rebates received by the township after the date of this Order shall be divided on the basis of the ratio of the population annexed to the population remaining in the township. This accountin g shall take place within thirty ( 30) days of receipt of such aids . IT IS FURTHER ORDERED: That the effective date of this Order shall be May 29 , 1973 . Dated this 31st day of May, 1973 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building Saint Paul, Minnesota 55101 D . ,, 4,ni- :,.., . Aiowaye .A i , Howard L. Kaibel , Jr. Executive Secretary 6 i • MEMORANDUM The purpose of the legislature in establishing the Minnesota Municipal Commission is outlined in the opening Section of Chapter 414: "The legislature finds that: (1) sound urban development is essential to the continued economic growth of this state; (2) municipal government is necessary to provide the governmental services essential to sound urban develop- ment aid for the protection of health, safety, and welfare in areas being used intensively for residential , commercial, industrial, institutional and governmental purposes or in areas t.ndergoing such developmeht; (3) the public interest requires that municipalities be formed when there exist" or will likely exist the necessary resources to provide for their economical and efficient operation; (4) annexation to or consolidation with existing municipalities or unincorporated areas unable to supply municipal service.: should be facilitated; and, (5) the consolidation of municipalities should be encouraged. It is the purpose of this chapter to empower the Minnesota Municipal Commission to promote and regulate development of municipalities sc that the public interest in efficient local government will be properly recognized and served. " In attempting to fulfill this mandate in this area in Washington County, 'the Minnesota Municipal Commission has considered and deliberated at great length for several years . The three orders issued today represent our best judgment as to how "the public interest in efficient local government will be properly recognized and served" . The resident voters in the township will now have an opportunity to vote on these determinations. The Township attorney and officials have argued strongly that ultimate solution in this area should be one government rather than two or three. They have indicated that they would have no objections to merger if Bayport and Oak Park Heights would also agree to consolidate. This was also the conclusion of planning experts from the Metropolitan Council in a study done at the request of the commission as early as 1968 . While we do not wish to pre-judge S . our conclusions if such a proceeding. wece initiated, we strongly urge the municipal councils and the resident voters of these two . municipalities to file petitions giving the Commission the jurisdiction to consider such a consolidation. The ,:7ommission is not empowered to act on its own initiative. Today's decision is a major step Li the direction sought by township offic!.als. It reduces the numiDer of governments involved from three to two. It is a comprehensive boundary solution eliminating the need for expensive unending battles over "piecemeal" annexations . The 1968 Metropolitan Council study approved a similar division as an "interim solution" . If approved, tM former township residents will be able to petition the commission for consolidation of the two remaining villages. We urge the Villages involved to establish a rural-urban service district under Minnesota Statutes, Section 272. 67, to assure the most equitable tax benefit ratio to all of their citizens. We also urge them to consider contracting with the capable and efficient offices of the Washington County Planning Commission for advice and assistance in establishing a comprehensive unified approach to community planning and development. 2 .pc-1725 04k Park 1!c.i _,,A A-:1.'7:34 Oak Palk HeiMirs BEFORE TILE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chairman Robert J. Ford Vice Chairman Thomas J. Simmons Member Idor A. Pederson Ex-Officio Member Robert Wright Ex-Officio Member OF THE RESOLUTION)THE MATTER O ) AMENDED FOR THE ANNEXATION OF CERTAIN ) FINDINGS OF FACT LAND TO THE VILLAGE OF OAK PARK) CONCLUSIONS OF LAW HEIGHTS ) AND ORDER The above-entitled matter came duly on for hearing before the Minnesota Municipal Commission on various dates subsequent to the filing of the original resolution herein. That said resolution was subsequently expanded by the Minnesota Municipal Commission and consolidated with Minnesota Municipal Commission No. A-2196 (Lake Elmo) and Minnesota Municipal Commission No. A-2197 (Bayport) , and that the files involving the Oak Park Heights proceeding were Minnesota Municipal Commission Nos. A-1725 and A-1734; that there was a considerable number of hearings on said respective commission files and that subsequent to their consolidation, the last hearing was held on the 13th day of July, 1972, at the Washington County Office Building in the City of Stillwater. That on said last hearing date Commissioner Robert W. Johnson presided at said meeting and Commissioners Robert J. Ford and Harold J. Dahl were present together with Ex-Officio Members A. B. Schaefer and Idor Pederson, both Washingto n County Commissioners. Appearing for the Village of Oak Park Heights was attorney Lyle J. Eckberg; for the Village of Bayport was attorney John H. Rheinberger; for the Village of Lake Elmo was attorney Donald T. Raleigh; 410 110 and for the Town of Baytown was attorney Esther M. Tomljanovich. Upon the evidence adduced at the hearing , upon the briefs of counsel and upon all files and records herein, the Commission makes the following: FINDINGS OF FACT 1 . That the notices of hearing in the said above proceedings were all given pursuant to law. 2 . That the approximate number of residents residing in the area proposed to be annexed to the Village of Oak Park Heights in the expanded petition is 300 persons . 3 . That the area proposed for annexation contains 3 , 000 acres more or less . 4 . That said area is now or about to become urban or suburban in character. 5 . That said area is without governmental services except for fire protection furnished by Bayport and police protection furnished by the Sheriff' s Department of Washington County. 6 . That said area is within the present limits of the same school district as the Village of Oak Park Heights . 7 . That the needed governmental services for said area except as herein stated can best be provided by the Village of Oak Park Heights . 8 . That the proposed annexation will have no adverse effect upon any community adjacent to the area sought to be annexed . 2 9 . That the Town of Ba.ytown' s team of government is inadequate to provide the governmental services now necessary or which will be necessary in the near future . 10 . That Section Seven (7 ) of the area proposed to be annexed is located North of the Lake Elmo Airport and lies adjacent to the Village of Lake Elmo and can be best provided with needed governmental services by the Village of Lake Elmo . 11 . That the following described abutting area is now or is about to become urban or suburban in character and would be better served by the Village of Oak Park Heights : 12 . The Northeast Quarter (NE4) of the Northeast Quarter (NEB) of Section Nine (9) , Township Twenty-Nine ( 29) North, Range Twenty (20) West. 13 . That the population of the area herein ordered annexed to the Village of Oak Park Heights is approximately 300 . 14 . That McDonalds Lake which is divided by the annexation herein ordered , is a non-meandered lake with a very limited watershed and will not be adversely affected by inclusion within more than one municipality. Counsel for the Village of Lake Elmo and the Village of Oak Park Heights stipulated that the boundary herein ordered dividing the lake was the most acceptable alternative . Expert opinion of the Washington County Planner was that such a division would not cause drainage or other problems of lake and land use . No party or person testified in opposition to the division as herein ordered . 3 411 CONCLUSIONS OF LAW 1 . The Minnesota Municipal Commission has duly acquired and now has jurisdiction of the within proceedings . 2 . Municipal government of the area herein annexed is required to protect the public health, safety, and welfare. 3 . The area-. herein annexed is so conditioned and so located as to be properly the subject of municipal government by the Village of Oak Perk Heights . 4 . The intE.rests of the Village of Oak Park Heights and of the area herein annexed would be best served by annexation of said area to the Village. 5 . The area herein annexed is or is about to become urban or suburban in character . 6 . The township form of government is not adequate to meet the problems found to exist in the area herein annexed. 7 . The annexation will not materially affect the ability of the Township of Baytown to provide governmental services for the balance of said township. 8 . That the following described area would be better served by the Village of Lake Elmo: Section Seven (7) , Township Twenty-Nine (29) North, Range Twenty (20) West. 9 . That the area proposed for annexation should be increased by including the following described area: The Northeast Quarter (NE1) of the Northeast Quarter (NE1) of Section Nine (9) , Township Twenty-Nine (29) North, Range Twenty (20) West. 10 . An order should be issued by the Minnesota Municipal Commission annexing the area proposed for annexation as modified above to the Village of Oak Park Heights and providing for an election on the question of annexation pursuant to the requirements of Subdivision 5 of Section [+14 . 031 of Minnesota Statutes . 4 411 ! ORDER IT IS HEREBY ORDERED: That the following described tract of land situated in the Town of Baytown, County of Washington, State of Minnesota, to-wit : Commercing at the Northwest corner of Section Six (6 ) (being the Northwest corner of the Town cf Baytown) , thence South along the West line cf Section Six (6) to the Southwest corner of Section Six (6) ; thence East along the South line cf Section Six (6 ) to the Northwest corner of Section Eight (8) ; thence South along the West line of Section Eight (8) to the Southwest corner of said Section Eight (8 ) being the point of intersection with County Road No . 14 , thence East and Northeast along the centerline of County Road N o . 14 until its intersection with the centerline of County Road No . 67 ; thence northerly along the centerline of said County Road No . 67 to the Southwest corner of the Northeast Quarter of the Northeast Quarter of Section Nine ( 9) ; thence East along the South line of said quarter quarter section to its Southeast corner; thence North along the East line of said quarter quarter section to its intersection with the west line of the Village of Oak Park Heights ; thence Northerly along the Westerly line of the Village of Oak Park Heights to its point of intersection with the North line of the Town of Baytown being also the North line of Section Four (4) ; thence West along the North line of the Town of Baytown along the Sections Four (4) , Five ( 5) , and Six (6) to the point of beginning, all of the above being in Township Twenty-Nine (29) North of Range Twenty (20) West. be and the same is hereby annexed to the Village of Oak Park Heights . 5 • IT IS VURTHLR ORDERED: That a. public election be held on the 21st day of August , 1973 , pursuant to the Order by Judge Gillespie. The eTction. will be held at St . John ' s Lutheran Church, Parish Hail, 5274 Stillwater Blvd . , (Highway 212 ) , Stillwater, Minnesota . IT IS FURTHER ORDERED: That the election judges are as follows : Chief Judge Mrs . Lorraine Myer 14710 Olinda Boulevard North Stillwater, Minnesota Mrs . Elaine Krueger 13201 North 60th Street Stillwater, Minnesota Mrs . Jean Clemings 4902 Osgood Avenue North Stillwater , Minnesota Mrs . Iona Gleason 12176 50th Street North Stillwater, Minnesota IT IS FURTHER ORDERED: That the population of the Village of ' Oak Park Heights be increased by 300 persons to 1,;44 1 , 556 for all purposes. until the next state or federal census . IT IS FURTHER ORDERED : That all monies in the general fund and other assets of the township shall be divided on the basis of the ratio of the assessed valuation of the area annexed to the assessed valuation of the property remaining in the township. This accounting shall take place within thirty ( 30) days of certification of the results of the above ordered election. IT IS FURTHER ORDERED : That any 1973 state or federal aids or 6 110 rebates received by the township after the date of this Order shall be divided on the basis of the ratio of the population annexed to the population remaining in the township. This accounting shall take place within thirty ( 30) days of receipt of such aids . IT IS FURTHER ORDERED: That the effective date of this Order shall be May 29 , 1973 . Dated this 31st day of May, 1973 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building Saint Paul, Minnesota 55101 iti„or /0 i4(44k,. Howard L. Kaibel , Jr. Executive Secretary Amended Order dated this 19th day of July, 1973 AM( Howard L. Kaibel , Jr. Executive Secretary 7 41/0 BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chairman Robert J. Ford Vice Chairman Thomas J. Simmons Member Idor A. Pederson Ex-Officio Member Don L. Cafferty Ex-Officio Member IN THE MATTER OF THE CITY OF STILLWATER) FOR PERMISSION TO ANNEX CERTAIN LAND ) NOTICE OF HEARING — BY ORDINANCE TO THE CITY ) • Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes 414, as amended 9 before the Minnesota Municipal Commission in the above-entitled matter. The hearing will be held on the 11th day of July, 1973, in the Washington County Office Building, Commissioners' Room, commencing at 10 A.M. The purpose of this hearing is whether the commission should issue a special order permitting the City of Stillwater to approve annexations by ordinance within the following described area: Southwest Quarter (SW4) of the Northeast Quarter (NE4) of Section Thirty-One (31), Township. Thirty t (30) North, Range Twenty y (20) West 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 Commission. (The Rules of the Minnesota Municipal Commission are found in Minnesota Statutes Annotated, at the end of Chapter 414. They may also be obtained from the Minnesota Municipal Commission upon request.) Dated this 15th day of June, 1973 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building • Saint Paul, Minnesota 55101 f I ‘,0 f.. /0 or Howard L. Kaibel, Jr. Executive Secretary • LAW OFFICES OF e ECKBERG, LAMMERS AND BRIGGS � STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG July 9, 1973 439-2878 JAMES F. LAMMERS �ROBERT G. BRIGGS 6PAUL A. WOLFF cpi Oak Park Heights Village Council 14168 North 57th Street Stillwater, Minnesota 55082 Re: Annexation Election Baytown - Oak Park Heights Gentlemen: The annexation election in the above matter has been set by municipal commission order for August 7 , 1973 at the Hooley Building at the Washington County Fair grounds. Minnesota Statutes 414.031 governing this election provides that there must be 20 days posted notice of the election and of the commission' s order in three public places in the area to be annexed and two weeks publication of the notice of election in a paper of general circulation in the area to be annexed prior to the election. Accordingly, the notices should be posted by my 18 and published in the Gazette----t-wo _times, perhaps on T 26th) of uly7and the 2nd of August. It is my understanding tha aytown normally publishes in both the Thursday daily and weekly Gazettes since the residents subscribe to both papers. As regards the posting, Mrs. Kirby suggested that a notice could be posted at the telegraph pole at the junction of Osgood Avenue and at the Travel Fore Seasons door and perhaps at the Broaster Hut or other establish- ment in that area. Permission should be obtained from the property owners prior to the posting. In addition, although not located within the area to be annexed, I would suggest that a notice be published in the Hooley Building where the election will take place. • S Oak Park Heights Village Council July 9, 1973 Page 2 The polls must be opened at least 13 hours and until at least 8:00 p.m. Accordingly, in the notice of election we have provided for voting between the hours of 7:00 a.m. and 8:00 p.m. The statute further provides that there must be three election judges from voters who reside in the area. Mrs. Charlotte Kirby the Baytown Clerk has supplied the following names as possible judges: ,rt Mrs. Lorraine Myer 439-5927 14710 Olinda Boulevard North Stillwater, Minn. 55082 Mrs. Helen Nichols 439-7224 14115 45th Street North Stillwater, Minn. 55082 Mrs. Iona Gleason 439-1459 12176 50th Street North Stillwater, Minn. 55082 One of the judges should be designated as chief judge and that person should sign the notice of election. It is my understanding that Mrs. Myer has had previous experience and would probably be willing to act as chief judge. If the above judges are acceptable, Howard Kaibel should be notified of their names since the statute states that the commission is to appoint the judges. Then the chief judge should sign the notice of election and that notice together with the order of the municipal commission affirming the petition should be posted. Attached to this letter are five copies of the notice of election, five copies of the order of the municipal commission and two copies of an affidavit of posting. It is my recommendation that the following steps be taken by the Village of Oak Park Heights: 1. The election judges should be confirmed at the meeting on July 9 and payment of $3 .00 per hour ratified. . S Oak Park Heights Village Council July 9, 1973 Page 3 2. Howard Kaibel should be notified of the names of the judges. 3. The judges should be notified and Mrs. Myer asked to act as chief judge. If she accepts, she should be contacted to sign the notice of election. That notice and the order should be posted in the places designated above no later than July 18. A copy of the notice of election should be sent to the Stillwater Gazette requesting publication in the daily and weekly Gazettes of July 26 and August 2. The affidavit of posting should be signed by Ken Heuer or whoever else posts the notice. One signed affidavit should then be sent to Mr. Kaibel who will also want the affidavit of publication from the Gazette. Yours very truly, ECKBERG, LAMMERS & BRIGGS By Ro er G. Briggs RGB:jp Encs. w _ • V ILI GE OF OAK PARK HEIGHTS ROUTE I *4T1I.I,NATER. M1NNESIY1'a Subject: Annexation Election Oak Park Heights-Baytown August 7, 1973 July 11, 1973 Minnesota Municipal Commission 304 Capitol Square Building St. Paul, Minnesota 55101 Mr. Howard Kaibel, Jr. Executive Secretary Dear Mr. Kaibel: I have contacted the (4) four ladies listed below to serve as Election Judges for the subject election. Each resides in the portion of Baytown Township that is being considered in this part- icular election. Each lady has consented to serve, subject to official appointment by your office. They will be paid by the Village of Oak Park Heights at the rate of $3 per hour. T have reviewed these people with Mrs . Charlotte Kirby, the Baytown Clerk, and received her acceptance. *Mrs . Lorraine Myer 14710 Olinda Boulevard North Stillwater, Minnesota 55082 Phone 439-5927 Mrs . Elaine Krueger 13201 North 60th Street Stillwater, Minnesota 55082 Phone 439-4253 Mrs. Jean Clemings 4902 Osgood Avenue North Stillwater, Minnesota 55082 Phone 439-1671 Mrs . Iona Gleason 12176 50th Street North Stillwater, Minnesota 55082 Phone 439-1459 Mrs . Kirby has advised that *Mrs . Myer has the most election experience and would be a capable "Chief Judge . " - I understand the governing statutes require (3) three judges . I have submitted four names for your consideration with the recom- mendation that four be appointed to cover in case of illness or emergency. , This is only a suggestion and subject to your decision ,� • - 2 and interpretation of the statues. I trust your office will provide ballots, election materials; instructions, swear in the judges at the polls , and assume the supervision responsibilities of the election. Please advise in writing the criteria used to establish voter eligibility. • Very truly yours, en L. Heuer Clerk-Treasurer Village of Oak Park Heights 6141 Panama Avenue North Stillwater, Minnesota 55082 KLH:vlh cc: Charlotte Kirby R. Briggs .A-1725 Oak Park 1IL! .ghts •, A-1734 Oak Park Heights • BEFORE THE MUNICIPAL COMMISSION OF THE STATE OF MINNESOTA Robert W. Johnson Chairman Robert J. Ford Vice Chairman Thomas J. Simmons Member Idor A. Pederson Ex-Officio Member Robert Wright Ex-Officio Member IN THE MATTER OF TIIE RESOLUTION) FOR THE ANNEXATION OF CERTAIN ) FINDINGS OF FACT LAND TO THE VILLAGE OF OAK PARK) 'CONCLUSIONS OF LAW HEIGHTS ) AND ORDER The above-entitled matter came duly on for hearing before the Minnesota Municipal Commission on various dates subsequent to the filing of the original resolution herein. That said resolution was subsequently expanded by the Minnesota Municipal Commission and consolidated with Minnesota Municipal Commission No. A-2196 (Lake Elmo) and Minnesota Municipal Commission No. A-2197 (Bayport) , and that the files involving the Oak Park Heights proceeding were Minnesota Municipal Commission Nos. A-1725 and A-1734; that there was a considerable' number of hearings on said respective commission files and that subsequent to their consolidation, the last hearing was held on the 13th day of July, 1972, at the Washington County Office Building in the City of' Stillwater. That on said last hearing date Commissioner Robert W. Johnson presided at said meeting and Commissioners Robert J. Ford and Harold J. Dahl were present together with Ex-Officio Members A. B. Schaefer and Idor Pederson, both Washington County Commissioners. Appearing for the Village of Oak Park Heights was attorney Lyle J. Eckberg; for the Village of Bayport was attorney John H. Rheinberger; for the Village of Lake Elrno was attorney Donald T. Raleigt L___ _ _ , Aik 410 • and for the Town of Baytown was attorney Esther M. Tomljanovich. Upon the evidence adduced at the hearing, upon the briefs of counsel and upon all files and records herein, the Commission makes the following: FINDINGS OF FACT 1 . That the notices of hearing in the said above proceedings were all given pursuant to law. 2 . That the approximate number of residents residing in the area proposed to be annexed to the Village of Oak Park Heights in the expanded petition is 300 persons . 3 . That the area proposed for annexation contains 3 , 000 acres more or less . 4 . That said area is now or about to become urban or suburban in character. 5 . That said area is without governmental services except for. fire protection furnished by Bayport and police protection furnished by the Sheriff' s Department of. Washington County. 6 . That said area is within the present limits of the same school district as the Village of Oak Park Heights . 7 . That the needed governmental services for said area except as herein stated can best be provided by the Village of Oak Park Heights . 8 . That the proposed annexation will have no adverse effect upon any community adjacent to the area sought to be annexed . • 2 411 9 . That the Town of Baytown' s form of government is inadequate to provide the governmental services now necessary or which will be necessary in the near future . 10 . That Section Seven ( 7 ) of the area proposed to be annexed is located North of the Lake Elmo Airport and lies adjacent to the Village of Lake Elmo and can be best provided with needed governmental services by the Village of Lake Elmo . 11 . That the following described abutting area is now or is about to become urban or suburban in character and would be better served by the Village of Oak Park Heights : 12 . The Northeast Quarter (NE14) of the Northeast Quarter (NE ) of Section Nine (9) , Township Twenty-Nine ( 29) North, Range Twenty (20) West. 13 . That the population of the area herein ordered annexed to the Village of Oak Park Heights is approximately 300 . 14 . That McDonalds Lake which is divided by the annexation herein ,ordered , is a non-meandered lake with a very limited watershed and will not be adversely affected by inclusion within' more than one municipality . Counsel for the Village of Lake Elmo and the Village of Oak Park Heights stipulated that the boundary herein ordered dividing the lake was the most acceptable alternative. Expert opinion of the Washington County Planner was that such a division would not cause drainage or other problems of lake and land use. No party or person testified in opposition to the division as herein ordered . 3 CONCLUSIONS OF LAW 1. The Minnesota Municipal Commission has duly acquired and now has jurisdiction of the within proceedings . 2 . Municipal government of the area herein annexed is required to protect the public health, .safety, and welfare. 4 3. The area herein annexed is so conditioned and so located as to be properly the subject of municipal government by the Village of Oak Park Heights . 4 . The interests of the Village of Oak Park Heights and of the area herein annexed would be bes-: served by annexation of said area to the Village . 5. The area herein annexed is or is about to become urban or suburban in character . 6 . The township form of government is not adequate to meet the problems found to exist in the area herein annexed. 7 . The annexation will not materially affect the ability of the Township of Baytown to provide governmental services for the balance of said township . 8 . That the following described area would be better served • by the Village of Lake Elmo : Section Seven (7 ) , Township Twenty-Nine (29) North, Range Twenty (20) West. 9 . That the area proposed for annexation should be increased by including the following described area: The Northeast Quarter (NEB) of the Northeast Quarter (NE1) of Section Nine (9) , Township Twenty-Nine ( 29) North, Range Twenty (20) West. 10 . An order should be issued by the Minnesota Municipal Commission annexing the area proposed for annexation as modified above to the Village of Oak Park Heights and providing for an election on the Question of annexation pursuant to the requirements of Subdivision 5 of Section 414 . 021 of Minnesota Statutes . lir ORDER IT IS HEREBY ORDERED: That the fo:_lowing described tract of land situated in the Town of Baytown, County of Washington, State of MinneE.ota, to-wit: Commencing at the Northwest corner of Section Six (6) (being the Northwest corner of the Town of Baytown) , thence South along the West line of Section Six (6 ) to the Southwest corner of Section Six (6) ; thence East along the South line of Section Six (6) to the Northwest corner of Section Eight (8) ; thence South along the West line of Section Eight (8) to the Southwest corner of said Section Eight (8 ) being the point of intersection with County Road No. 14, thence East and Northeast along the centerline of County Road No. 14 until its intersection with the centerline of County Road No.. 67 ; thence northerly along the centerline of said County Road No. 67 to the Southwest corner of the Northeast Quarter of the Northeast Quarter of Section Nine (9) ; thence East along the South line of said quarter quarter section to its Southeast corner; thence North along the East line of said quarter quarter section to its intersection with the west line of the Village of Oak Park Heights; thence Northerly along the Westerly line of the Village of Oak Park Heights to its point of intersection with the North line of the Town of Baytown being also the North line of Section Four (4) ; thence West along the North line of the Town of Baytown along the Sections Four (4) , Five (5) , and Six (6) to the point of beginning, all of the above being in Township Twenty-Nine (29) North of Range Twenty (20) West. be and the same is hereby annexed to the Village of Oak Park Heights . IT IS FURTHER ORDERED: That a public election be held on the 7th day of August, 1973 , at the Washington County Fairgounds (Hooley Building) in the Town of Baytown at which voters residing within the area annexed shall be entitled to vote for or against said annexation to be conducted as provided by law. IT IS FURTHER ORDERED: That the population of the Village of • 5 ,.Tn S+,. ^ 3n �`: '+'r 9 fi5*y-kw cy rk.�zri 1cw.+,�,.'i > Ld Aa x •,O.Y {: - _ T' n7 , , . 411 411 M . . Oak Park Heigh-t�s be increased by 300 persons to 1, 538 for all purposes until the next state or federal census IT IS FURTHER ORDERED: That all monies in the general fund and other assets of the township shall be divided on the basis of the ratio of the assessed valuation of the area annexed to the assessed valuation of the property remaining in the township . This accounting shall take place within thirty (30) days of certification of the results of the above ordered election. IT IS FURTHER ORDERED: That any 1973 state or federal aids or rebates received by the township after the date of this Order shall be divided on the basis of the ratio of the population annexed to the population remaining in the township. This accounting shall take place within thirty ( 30) days of receipt of such aids . IT IS FURTHER ORDERED: That the effective date of this Order shall be May 29, 1973 . Dated this 31st day of May, 1973 MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building Saint Paul , Minnesota 55101 ‘'v7 16141 I j:11 •f' --t ' i Howard L. Kaibel , Ir. Executive Secretary 6 0 __...____,, __.___ _ ,I J .A I MEMORANDUM. The purpose of the legislature in establishing the Minnesota Municipal Commission is outlined in the opening Section of Chapter 414 : "The legislature finds that: (1) sound urban development is essential to the continued economic growth of this state; (2) municipal government is necessary to provide the governmental services essential to sound urban develop- ment and for the protection of health, safety, and welfare in areas _being used intensively for residential, commercial, industrial, institutional and governmental purposes or in areas undergoing such development; (3) the public interest requires that municipalities be formed when there exists or will likely exist the necessary resources to provide for their economical and efficient operation; (4) annexation to or consolidation with existing municipalities or unincorporated areas unable to supply municipal services should be facilitated; and, (5) the consolidation of municipalities should be encouraged. It is the purpose of this chapter to empower the Minnesota Municipal Commission to promote and regulate development .of municipalities so that the public interest in efficient local government will be properly recognized and served. " In attempting to fulfill this mandate in this area in Washington County, the Minnesota Municipal Commission has considered and deliberated at great length for several years. The three orders issued today represent our best judgment as to how " the public interest in efficient local government will be properly recognized and served" . The resident voters in the township will now have an opportunity to vote . on these determinations. The Township attorney and officials have argued strongly that ultimate solution in this area should be one government rather than. two or three. They have indicated that they would- have no objections to merger if Bayport and Oak Park Heights would also agree to consolidate. This was also the conclusion of planning experts from the Metropolitan Council in a study done at the request of the commission as early as 1968 . While we do not wish to pre-judge o • our conclusions if such a proceeding were initiated, we strongly urge the municipal councils and the resident voters of these two municipalities to file petitions giving the Commission the jurisdiction to consider such a consolidation. The commission is not empowered to act on its cwn initiative. Today' s decision is a major step in the direction sought by township officials. It reduces the number of governments involved from three to two. It is a comprehensive boundary solution eliminating the need for expensive unending battles over "piecemeal" annexations . The 1968 Metropolitan Council study approved a similar division as an "interim solution" . If approved, the former township residents will be able tc petition the commission for consolidation of the two remaining villages. We urge the Villages involved to establish a rural-urban service district under Minnesota Statutes, Section 272.67, to assure the most equitable tax benefit ratio to all of their citizens. We also urge them to consider contracting with the capable and efficient offices of the Washington County Planning Commission for advice and assistance in establishing a comprehensive unified approach to community planning and development. 2 4 +�. NOTICE OF SPECIAL ELECTION NOTICE OF SPECIAL ELECTION to the legal voters residing in: Commencing at the Northwest corner of Section Six (6) being the Northwest corner of the Town of Baytown, thence South along the West line of Section Six (6) to the Southwest corner of Section Six (6) ; thence East along the South line of Section Six (6) to the Northwest corner of Section Eight (8) ; thence South along the West line of Section Eight (8) to the Southwest corner of said Section Eight (8) being the point of intersection with County Road No. 14, thence East and Northeast along the centerline of County Road No. 14 until its intersection with the centerline of County Road No. 67; thence northerly along the centerline of said County Road No. 67 to the Southwest corner of the Northeast Quarter of the Northeast Quarter of Section Nine (9) ; thence East along the South line of said quarter quarter section to its Southeast corner; thence North along the East line of said quarter quarter section to its intersection with the west line of the Village of Oak Park Heights; thence Northerly along the Westerly line of the Village of Oak Park Heights to its point of intersection with the North line of the Town of Baytown being also the North line of Section Four. (4) ; thence West along the North line of the Town of Baytown along the Sections Four (4) , Five (5) , and Six (6) to the point of beginning, all of the above being in Township Twenty-Nine (29) North of Range Twenty (20) West. NOTICE IS HEREBY GIVEN that a special election for the above described parts of the above named Town of Baytown, Washington County, Minnesota will be held on Tuesday, August 7, 1973, between the hours of 7 :00 o'clock A.M. and 8:00 o'clock P.M. for the following purposes, to-wit: On the question of whether or not the unincorporated territory above described should be annexed to and 1 r • become a part of the Village of Oak Park Heights, Washington County, Minnesota. NOTICE IS FURTHER GIVEN that said election shall be held at the following polling place: Washington County Fairgrounds - Hooley Building, Town of Baytown, Washington County, Minnesota. Chief Election Judge Ken Heuer, Village Clerk -2- i� { tj {.'. :L -,,i,.:-'-:'--,-:-. .-- - e---.. =.'Y.r.....-.,..'--....„--- '. : '.' .: '.: - • ' '-: . - --..--r.".-.. . : ''' ' -..-.1--.--, .,---,-. ..:;.--.,..-,.:::-..,„..,,,-:- ...,...,-,.-,....... .--:',...-...:„..,-,•.=?. July '20, 'lh73 At: rnsy ,at Law -• r : R'tr= �:-1725 a ak Park Heights d-17 ►.Oak Payrk Heights x ere�1...d is a copy rof an Amss ed Order in the above atattes e: +rorg,- � eo l.tient, re=sChed ng°t` a election date to gust 1i.st, :c x t .pro:of a tion, and,pire,,,,vidix for slsc judges. (fir:popula Lion x- rrju[{: it 11!1.7:e.':'a previ+ -- n xstltna► had. ec aed the population, b7 } cause ea Notice of.Et - ,'. ,u to be ;posted �n.t l,;t`,- ' twsntyr .days.'before she eeleg� t see rlic places is the area tee be;le......,1.-'*''';‘-'-'''''''.:•pan lieatit proof •the iniesota i � g am'- 1 � s `°r ti .. �., � � r .. •:�. 1 w�i' B .. d a a m 'r °�x�Y' r r Mir ��'s:. ' 11.4!1'11.dues .a;Notice, off' ti is tee be -published for tuer s week. is a ewspaper ,- as' s lips off:. tial :'1•11-41":'l , 1 s+ `' ti koi general ` eft din,'gimp* _ e !d .> �; w z� to 1liirsceesa ` Cee>sK eriq . '� e also, arrange ,K.the-p.�tcation of b ello accessary• sr1 t :- - suppliof . paym Vt o 'judge e.. ' '...'''''.'pant election ,tb ld a iast ru prepare�and su' t . ' the - -s. ": to 7 7 ,-e: t s'slon a d alas ` +r s fication .shy t sap::place red the eekgcUon sad t ,rasaeul e i - 'heave is ;fir 141.4P.`-sirtion ps�din4 `nor registration on election e 5 is eligible voters as iWo provides -a 2Q sy . st y . .r snt--.for ,• Vo ll, obtain and .s+ad to pou tore :p eo rules and 'ar+egulat�ions yb yth e Secreta of Stave`!. oft Lce - pthe'' tint t ab P11`1.0,0,,,lair as sew *,1!,.,,-,..:.,44,? - � Y # . ias � We wilt try to set up as nae$+tio g o1 . oa ,j .t r•eese p7Coc edur e.• e ' a Si"aces y yours, _ , "{ qE : � x. y 4xa" Executive Secreta '' y .mod,.t :•s. , _. .. ,Y,`u✓ aul,V 28, 1973 Stillwater Ossette Stillwater, Minnesota 55082. Gentlemen* Please publish attaehed legal notice in the DAILY and VESELY Casette on August 9th and August 16th. Please send two copies of the statement and affidavit of publication. Very truly yours, Ken Sewer, Clerkrasurer Village of Oak Park $eights 1CHibh Enclosure • J LAW OFFICES OF ECKBERG, LAMMERS AND BRIGGS STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG July 24, 1973 439-2878 JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF Mr. Ken Heuer 6141 Panama Avenue North Oak Park Heights Stillwater, MN 55082 Re: Annexation Election Baytown - Oak Park Heights Dear Ken: Enclosed please find five copies of the Notice of Special Election and five copies of the Amended Order of the Municipal Commission. As I indicated in my previous letter of July 9, 1973, the Order for election and the Notice of Election must be posted in three —:) public places in the area to be annexed. 6 J The Affidavit of Posting which I previously submitted can be used and when completed, should be forwarded to Howard Kaibel.. A Notice of Special Election should be published twice in the Gazette, probably on the 9th and 16th of August. The Affidavit of Publication from the Gazette should also be sent to Howard Kaibel. I will let you know about preparation of the ballots after I have had an opportunity to talk to Mr. Kaibel. Yours very truly, Robert G. Briggs RGB/ls Enclosures z r • NOTICE OF SPECIAL ELECTION NOTICE OF SPECIAL ELECTION to the legal voters residing in: Commencing at the Northwest corner of Section Six (6) being the North- west corner of the Town of Baytown, thence South along the West line of Section Six (6) to the Southwest corner of Section Six (6) ; thence East along the South line of Section Six (6) to the Northwest corner of Section Eight (8) ; thence South along the West line of Section Eight (8) to the Southwest corner of said Section Eight (8) being the point of inter- section with County Road No. 14, thence East and Northeast along the centerline of County Road No. 14 until its intersection with the centerline of County Road No. 67; thence Northerly along the centerline of said County Road No. 67 to the Southwest corner of the Northeast Quarter of the Northeast Quarter of Section Nine (9) ; thence East along the South line of said quarter quarter section to its South- east corner; thence North along the East line of said quarter quarter section to its intersection with the West line of the Village of Oak Park Heights ; thence Northerly along the Westerly line of the Village of Oak. Park Heights to its point of inter- section with the North line of the Town of Baytown being also the North line of Section Four (4) ; thence West along the North line of the Town of Baytown along the Sections Four (4) , Five (5) , and Six (6) to the point of beginning, all of the above being in Township Twenty-Nine (29) North of Range Twenty (20) West. NOTICE IS HEREBY GIVEN that a special election for the above described parts of the above named Town of Baytown, Washington County, Minnesota, will be held on Tuesday, August 21, 1973, between the hours of 7:00 o'clock A.M. and 8:00 o' clock P.M. for the following purposes, to-wit- • 0 On the question of whether or not the unin- corporated#territory aboVe>. described should be annexed to and become a part of the Village of Oak Park Heights, Washington County, Minnesota. NOTICE IS FURTHER GIVEN that said election shall be held at the following polling place: St. John' s Lutheran Church, Parish Hall, 5274 Stillwater Blvd. , (Highway 212) , Stillwater, Washington County, Minnesota. .;- ;'1V.e.4..2 Ch of Election Judge g -cal4Zt,eper K Heuer, Village Clerk • `0 PianM 95.2428 d _ t ! stkrw Ili ,11t S rsT y r STATE OF MINNESOTA MUNICIPAL COMMISSION 304 Capitol Square Building 10th & Cedar Streets St. Paul, Minnesota 55101 MEMORANDUM TO: Robert Briggs, Attorney at Law Donald Raleigh, Attorney at Law John Rheinberger, Attorney at Law Esther Tomaljanovich, Attorney at Law Josiah Batchelder, Chief Election Judge Lorraine Myer, Chief Election Judge Martha Heeren, Chief Election Judge Donald Mehsikomer, Lake Elmo Village Clerk Dorothy Smith, Bayport Village Clerk Ken Heuer, Oak Park Heights Village Clerk Charlotte Kirby, Baytown Township Clerk FROM: Patricia D. Lundy..! Assistant Executive Secretary DATE: August 2, 1973 SUBJECT: August 15th Meeting Regarding New Legislation This is to confirm the meeting scheduled for August 16, 1973 at 7:30 P.M. at the Washington County Office Building, Stillwater, Minnesota. The purpose of this meeting will be to discuss the new legislation providing for registration on election day of eligible voters and the 20-day residency requirement for voting. Our office should be receiving a copy of the proposed Rules and Regulations concerning this new legislation from the Secretary of State's office shortly. Copies will be mailed to you if there is time or brought to the meeting. The Chief Election Judges should notify the other judges if they wish to attend. PDL:b Alito°®