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HomeMy WebLinkAboutResolution 2021 (18)Resolution No. 18 (2021) 5T. CROIX ZOUNTY RESOLUTION APPROVING ALTERATION OF SUPERVISORY DISTRICT BOUNDARY -VILLAGE OF BALDWIN (TOWN OF RUSH RIVER - OPEN DEVELOPMENT CONSERVANCY DISTRICT) COVER MEMO TO: County Board of Supervisors FROM: Ken Witt, County Administrator Cindy Campbell, County Clerk, County Clerk DATE: April 6, 2021 AGENDA ITEM: Resolution Approving Alteration of Supervisory District Boundary -Village of Baldwin (Town of Rush River - Open Development Conservancy District) BACKGROUND INFORMATION In January 2021 the Village of Baldwin enacted an ordinance to annex 10.6 acres to the Village of Baldwin from the Town of Rush River. The property contains a home, land classified as agricultural and agricultural forest. The annexed property from the Town of Rush River was part of Ward 1, County Supervisor District 15. The Village of Baldwin requests the parcel be made part of Ward 6, County Supervisor District 18. The Village of Baldwin requests the St. Croix County Board of Supervisors exercise its redistricting powers under Wis. Stat. 59.10(3)(c) (below). Per Wisconsin State Statute 59.10(3)(c), "Changes during decade. After the enactment of a plan of supervisory districts under par. (B), a municipal incorporation, annexation, detachment or consolidation may serve as a basis for altering between federal decennial censuses the boundaries of supervisory districts, in the discretion of the board...." This resolution alters the supervisory district boundary by moving the annexed parcel of land from County Supervisor Districts 15 to County Supervisor District 18, consisting of Ward 6 in the Village of Baldwin. The population of the annexed parcels is zero. Additional information: DETERMINING IF THE CREATION OFA NEW WARD IS NECESSARY The establishment of wards for purposes of elections and representation is provided in Section 5.15, Wis. Stats. Under that statute, the municipality annexing the territory may add the annexed territory to an existing, contiguous ward (or wards) only if the annexed territory is in the same county supervisory, assembly and congressional districts* as the ward to which it is added. If the supervisory, assembly or congressional districts in the annexed territory are different from the districts in the ward to which the territory is contiguous, a new ward must be created for the annexed territory unless the county board adopts a re -districting ordinance (moving the annexed territory into the same supervisory district as the territory to which it is annexed), because a single ward may not be located in two or more supervisory districts. Note -only a county has the authority to redraw its county supervisory district boundaries between decennial redistricting to move residents of one county supervisory district to another. *If the annexed territory is in an assembly district or congressional district different from the assembly or congressional districts in which the existing ward is located, a new ward must be created. No exceptions. 5T. CROIX ZOUNITY Resolution No. 18 (2021) RESOLUTION APPROVING ALTERATION OF SUPERVISORY DISTRICT BOUNDARY -VILLAGE OF BALDWIN (TOWN OF RUSH RIVER - OPEN DEVELOPMENT CONSERVANCY DISTRICT) 1 WHEREAS, in 2011 the St. Croix County Board of Supervisors adopted a 10-year 2 supervisory district plan creating county supervisory districts, municipal aldermanic 3 districts and election wards following the 2010 Census; and 4 5 WHEREAS, Wisconsin Statutes § 59.10(3)(c) allows a county board, in its 6 discretion, to alter the boundaries of supervisory districts based on annexations which 7 occur after the adoption of the 10-year supervisory district plan, as long as the number 8 of supervisory districts is not changed; and 9 10 WHEREAS, the Village of Baldwin completed an annexation in January 2021 of a 11 parcel described on the attached ordinance consisting of 10.6 acres; and 12 13 WHEREAS, a map of the annexed parcels, along with a copy of the annexation 14 ordinance has been filed with the St. Croix County Clerk and are attached; and 15 16 WHEREAS, the parcel annexed by the Village of Baldwin is part of County 17 Supervisor District 15, consisting of Ward 1, in the Town of Rush River; and 18 19 WHEREAS, it is appropriate to move the annexed parcel into County Supervisor 20 District 18 in Ward 6, Village of Baldwin; and 21 22 WHEREAS, the parcel annexed by the Village of Baldwin and made part of Ward 23 6 does not cross an assembly district or congressional district line; and 24 25 WHEREAS, the population of the annexed parcel is zero; and 26 27 WHEREAS, this resolution does not change the number of supervisory districts. 28 29 NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of 30 Supervisors that the supervisory district boundaries are hereby altered by moving the 31 annexed parcel of land from County Supervisor District 15 to County Supervisor District 32 18 consisting of Ward 6 in the Village of Baldwin as shown on the attached. 33 34 BE IT FURTHER RESOLVED that the St. Croix County Clerk is hereby directed to 35 forward all notices required under Wisconsin Statutes, Chapter 59, to the Secretary of 36 State for the purpose of advising that office of said supervisory district boundary 37 changes. Legal — Fiscal — Administrative Approvals: Legal Note: Fiscal Impact: None. 719 Jon & J nAm ox, corporation cc&W 9/2021 n, ina= Di or 2/19/w21 2/19/2021 03/16/21 Administration Committee RECOMMENDED RESULT: RECOMMENDED [UNANIMOUS] MOVER: William Peavey, Supervisor SECONDER: Bob Long, Chair AYES: Long, Koch, Ard, Peterson, Peavey Vote Confirmation. fob Long Administ-OiN Chairr&T.' 3/17/2021 St. Croix County Board of Supervisors Action: Roll Call - Vote Requirement — Majority of Supervisors Present RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Dave Ostness, Supervisor SECONDER: Paulette Anderson, Supervisor AYES: Schachtner, Anderson, Long, Leaf, Koch, Hall, Berning, Ottino, Feidler, Ostness, Counter, Hansen, Ard, Tellijohn, Peterson, Anderson, Achterhof, Tomtschik, Peavey This Resolution was Adopted by the St. Croix County Board of Supervisors on April 6, 2021 Cindy Campbell, County Clerk CERTIFICATION BY VILLAGE CLERK The undersigned, Tracy Carlson, Village Clerk for the Village of Baldwin, St. Croix County, Wisconsin, hereby certifies that the following attached documents are true and correct copies of the originals, the same have been filed as required by law, if applicable: 1). Ordinance No. 2021-02, An Ordinance Annexing Territory to the Village of Baldwin, Wisconsin, providing for the annexation of certain lands from the Town of Rush River to the Village of Baldwin. 2). Annexation map of the detached and annexed lands as prepared by Cedar Corporation. Dated this 13t" day of January, 2021 Tracy ACKNOWLEDGEMENT Village Clerlc STATE OF WISCONSIN } } ss. T. CROIX COUNTY } Personally came before me this ,cl'lday of January, 2021 the above named TRACY CARLSON, to me known to be the person who executed the foregoing instrument and acknowledged the same. Expiration Date 1 of 2-� Z DARCY LYNN ALMQUIST Notary Public State of Wisconsin ANNEXATION ORDINANCE N0.2021-02 MBR# 14334 AN ORDINANCE ANNEXING TERRITORY TO THE VILLAGE OF BALDWIN , WISCONSIN WHEREAS petitioner Walter Nelson has peoned pursuant to §66.0217 of the Wisconsin Statutes for annexation of a certain land, more particularly described below, ("Property") into the Village of Baldwin, and WHEREAS the Property is currently zoned agricultural and has a population of zero; and WHEREAS the procedure specified in §66.0217 for such annexation has been duly followed; and WHEREAS the State of Wisconsin, Department of Administration has issued a revised opinion as to the proposed annexation by letter to the Village of Baldwin dated December 28, 2020; and WHEREAS the Village Board of the Village of Baldwin has considered the opinion of the Department of Administration in its deliberations on this petition; NOW, THEREFORE, the Village Board of the Village of Baldwin, Wisconsin, does ordain as follows: SECTION 1. TERRITORY ANNEXED. In accordance with Sec. 66.0217 of the Wisconsin Statutes and the petition for direct annexation filed with the village clerk on or out August 21, 2020, and upon certifying that there are zero electors living in the Territory, the following described territory in the Town of Rush River, St. Croix County, Wisconsin, is annexed to the Village of Baldwin, Wisconsin. The Property is described as — SEC 1 T28N R17W 10.698A NE COR OF NE NE COM NE COR NE NE; TH W 705'; TH S 662'; THE 705'; TH N 660' TO POB EXC PT TO HWY PROJ 8070-00-21-4.02 (PARCEL 2) (623 SQ FT) SECTION 2. EFFECT OF ANNEXATION. From and after the date of this ordinance, the territory described in Section 1 shall be part of the Village of Baldwin for any and all purposes provided by law and all persons coming to or residing within such territory shall be subject to all ordinances, rules and regulations governing the Village of Baldwin. Page 1 of 2 SECTION 3. WARD The territory annexed to the Village of Baldwin by this ordinance is made a part of existing Ward 6. SECTION 4. ZONING CLASSIFICATION. The territory annexed to the Village of Baldwin by this ordinance is zoned OC —Open Development Conservancy District SECTION 5. SEVERA,BILITY. If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application. SECTION 6. EFFECTIVE DATE. Attest: The annexation is effective upon enactment of this ordinance. Dated:• 2021. .,,�.Village Date Adopted: � �� �� Date Published: � Date Filed with t e Secretary of State: Willy � w�a Page 2 of 2 CERTIFICATE OF POPULATION In re: Village of Baldwin Annexation Ordinance No. 2021ow STATE OF WISCONSIN } } ss. ST. CROIX COUNTY } I, Tracy Carlson, hereby certify that I am the Village Cleric of the Village of Baldwin, St. Croix County, Wisconsin; that by law I have the custody of all records, books, documents and papers of or pertaining to the Village of Baldwin, that I am personally acquainted with the boundaries of the lands aluiexed by the Village of Baldwin from the Tawn of Rush River by Annexation Ordinance 2021-02, which was adopted January 13, 2021; and hereby certify that as of said date there were zero (0) persons residing therein. Date: January 13, 2021 VILLAGE OF BALDWIN Tracy ' s n, Village Clerk ANNEXATION MAP VILLAGE OF BALDWIN UNPLA' Pwcal/ 0 UNPLAT' P«etl/ oa! SCALE: 1" = 200' 0' 200' 400' = Property to be Annexed Existing Corporate Boundary E EIVED September 1, 2020 Municipal Boundary Review Wisconsin Dept. of Admin. VT OF NCEMENT edar C corporation September 1, 2020 Municipal Boundary Review Wisconsin Dept. of Admin. Legal Description. Commencing at the Northeast corner of the Northeast Quarter of the Northeast Quarter (NE 1/4 of NE 1/4) of Section One (1), Township Twenty-eight (28) North, Range Seventeen (17) West and running thence West on the Section line 705 feet, thence South 662 feet, thence East 705 feet to the Section line, thence North to the point of beginning, said parcel of land being a part of said NE 1/4 of NE 1/4 in said Section, Town and Range.