HomeMy WebLinkAbout2011-155RESOLUTION NO. 2011-155
D -478 Lake Elmo
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF THE PETITION FOR THE )
DETACHMENT OF CERTAIN LAND FROM THE ) CLOSING ARGUMENT OF
CITY OF LAKE ELMO PURSUANT TO ) THE CITY OF STILLWATER
MINNESOTA STATUTES 414 )
1. That Stillwater is a Home Rule city of the third class existing under the Constitution
and laws of Minnesota.
2. That, historically, the City has been involved in previous annexation proceedings with
the City of Oak Park Heights regarding property north of Highway 36, when Oak
Park Heights claimed property lying within the Town of Stillwater lying North of
Highway 36.
3. That the position of Stillwater in those proceedings was that Highway 36, as
constructed, was and is a prominent physical barrier.
4. That many physical barriers are rivers, lakes, and a four lane divided limited access
highway is a similar prominent physical barrier.
5. Prominent physical barriers are good natural boundaries; partly because they allow
easy means for emergency providers to know the difference between one community
and another.
6. That in prior proceedings, Highway 36 was determined to be a prominent physical
barrier and the appropriate feature to separate Oak Park Heights from the City of
Stillwater.
7. If the subject property would become part of Stillwater Township, it would likely
become part of the City of Stillwater when all of Stillwater Township between
Highway 96 and Highway 36 becomes part of the City of Stillwater, pursuant to an
Orderly Annexation Agreement made between the City and Town of Stillwater dated
August 16, 1996.
8. That the design of the City of Stillwater's sewer and water trunk facilities does not
include providing municipal services to the subject property.
9. That to detach an area such as the subject property from a city such as Lake Elmo is
contrary to modern theories of efficiency that favor the consolidation of areas into a
smaller number of governmental units.
10. That the subject property should remain in the City of Lake Elmo.
Approved by Resolution of the City Council dated October 31, 2011.
CITY OF STWXWATER
Mayor
ATTEST:
Diane F. Ward, City Clerk
2
I
MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS
600 North Robert Street
Saint Paul, Minnesota 55101
Mailing Address: Voice: (651) 361 -7900
P.O. Box 64620 TTY: (651) 361 -7878
St. Paul, Minnesota 551640620 Fax: (651) 361 -7936
October 7, 2011
To: All Parties on the Attached Service
List
Re: In the Matter of the Petition for the Detachment of Certain Land
from the City of Lake Elmo
OAH 3- 0330 - 21901 -BA
Dear Parties:
With this letter I am returning Exhibits 5 and 21 to counsel for the
Petitioners and Exhibits 121 -22, 127 -28, and 131 -32 to counsel for the City of
Lake Elmo. These exhibits were not offered into evidence during the hearing.
At the conclusion of the evidentiary hearing, Ms. Callies and Mr. Snyder
agreed to file a written stipulation by October 14, 2011, regarding background
facts, legal descriptions, and materials submitted to the Municipal Boundary
Adjustments Unit and to file written closing argument by October 31, 2011.
Administrative Law Judge
Telephone: (651) 361 -7848
,,}
17 2011
Sincerely,
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
ADMINISTRATIVE LAW SECTION
P.O. BOX 64620
ST. PAUL, MN 55164 -0620
Service List (October 6, 2011)
In the Matter of the Petition for Detachment of Certain Land from the
City of Lake Elmo, OAH 3- 0330 - 21901 -BA
David Snyder
Hon. Dean Johnston
Eckberg Lammers
Mayor of the City of Lake Elmo
1809 Northwestern Avenue, Suite 110
Lake Elmo City Hall
Stillwater, MN 55082
3800 Laverne Avenue North
Lake Elmo, MN 55042 -9629
David Johnson, Chair
Sharon Lumby, City Clerk
Stillwater Town Board
Lake Elmo City Hall .
11465 Arcola Trail North
3800 Laverne Avenue North
Stillwater, MN 55082
Lake Elmo, MN 55042 -9626
Soren Mattick
Kathy Schmoeckel
Campbell, Knutson Law Firm
Township Clerk
1380 Corporate Center Curve
Stillwater Township Hall
Eagan, MN 55121
13636- 90 Street North
Stillwater, MN 55082
David Magnuson
Patricia M. Bidon and Thomas M. Bidon
Stillwater City Attorney
5757 Manning Avenue North
333 North Main Street, Suite 202
Stillwater, MN 55082
Stillwater, MN 55082
Paula A. Callies
Attorney at Law
1450 The Colonnade
5500 Wayzata Blvd.
Minneapolis, MN 55416