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HomeMy WebLinkAbout9C - Orderly Annexation MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: ISSUES: CITY COUNCIL AGENDA REPORT FEBRUARY 4, 2002 9C JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.0325. History: Tom Holme Construction, the owners of 4.34 acres of land located in Spring Lake Township, have filed a request to annex this property. The owners intend to develop the property into lots for single family dwellings served with City sewer and water. Current Circumstances: The property in question is located within the Spring Lake Orderly Aimexation Area. Under Minnesota Statutes, a request for annexation may be initiated by resolution of either the Township Board or the City Council, or by joint resolution of both bodies. The property owners have met with the Spring Lake Township Board to discuss this request. The Township Board approved and signed a joint resolution on January 22, 2002 (see attached). The Board attached the following conditions to the resolution: 1. The applicant is to pay all filing fees. 2. The applicant is to reimburse Spring Lake Township for legal costs or a process of review. 3. No costs shall be assessed to Spring Lake Township or the City of Prior Lake. The property owners are now requesting that the City Council sign the joint resolution and forward it to the Minnesota Planning Agency. Minnesota Statute 414.0325 lists the criteria to be used to determine if an area should be annexed. This criteria includes: a) the subject area is now or is about to become urban or suburban in character and that the annexing municipality is capable of providing the services required by the area within a reasonable time; or (b) the existing township form of government is not 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 1:\02fi1es\02annex\02-12 red cedar\annexation cc rpt.docAN EQUAL OPPORTUNITY EMPLOYER Page 1 T. CONCLUSION: FISCAL IMPACT: adequate to protect the public health, safety, and welfare; or (c) annexation would be in the best interests of the subject area. In this case, the area is surrounded on three sides by the city limits. Municipal sewer and water are adjacent to the property and can be extended to serve this site. If both the City and the Township agree to the joint resolution, the resolution is forwarded to the State Planning Agency for review. If we are unable to reach agreement on the joint resolution, the City could annex the property by ordinance. This method of annexation does not require approval of the Township but does require a public hearing by the State Planning Department. This method is not as co~perative in nature to the joint resolution process. It must also be noted that this property is not included on the City's Comprehensive plan or Zoning Map. The surrounding property is designated as Low to Medium Density Residential on the Comprehensive Plan and is zoned R~ 1 on the Zoning Map. If the City Council agrees to annex the property, the staff would recommend the Council initiate an amendment to the Comprehensive Plan Map and the Zoning Map. The most logical Comprehensive Plan designation for this property would be R~L/MD designation and a Zoning designation of R-l, since it is consistent with the adjacent property. Approval of the Jomt resolution is the most cooperative method of annexation for this property. Development of the property should occur within the City limits, since sewer and water service are available to serve this site. Budflet Impact: Approval of the annexation will allow the development of the property within the City limits, which will increase the City tax base. Under Minnesota Statutes 414.036, when a Minnesota Municipal Board order under section 414.0325 annexes part ofa town to a municipality, the orderly annexation agreement between the town and municipality may provide a reimbursement from the municipality to the town for all or part of the taxable property annexed as part ofthe board order. The reimbursement shall be completed in substantially equal payments over not less than two nor more than six years from the time of annexation. Previous agreements between the City and Spring Lake Township have included a reimbursement schedule over five years in an amount equal to 90% of the current taxes in the first year, 70% in the second year, 50% in the third year, 30% in the fourth year and 10% in the fifth year. Section 6 ofthe attached joint resolution includes these same amounts. It should also be noted these amounts are consistent with the Minnesota Statute requirements for annexation outside of an orderly annexation area. The resolution requires that the applicant (Dean Morlock representing Tom Holme Construction) make the payment to the Township. To ensure this payment, the City cane 1:\02files\02annex\02-12 red cedar\annexation cc rpt.doc Page 2 . . Jl ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: include provisions in the development contract approved as part of the final plat requiring proof of payment or a letter of credit to ensure payment. The City Council has three alternatives: 1. Approve the Joint Resolution as submitted. 2. Approve the Joint Resolution with modifications. 3. Authorize further examination of the annexation by ordinance process. The staff recommends adoption of Alternative # 1. A motion and second to approve the Joint Resolution as submitted is required. The fully executed document will be forwarded to the State Planning Agency for their 30-day review and comment period. The staff would also recommend the City Council initiate an amendment to the Comprehensive Plan and to the Zoning Map. This action would require a motion and second directing staff to proceed with an amendment to include this property within the R-L/MD designation on the Comprehensive Plan Map and to rezone the property to the R-l district. The staff will then schedule the appro riate public hearings. Page 3 1:\02files\02annex\02-12 red cedar\annexation cc rpt.doc T i IN THE MATTER OF THE JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP, SCOTT COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES 414.0325 ,'. Motion to approve the Joint Resolution with the following provisos: The applicant to pay all filing fees. The applicant to reimburse Spring Lake Township for legal costs or a process of review. No costs shall be assessed to Spring Lake Township or the City of Prior Lake. - ,. j l ~ 02 ~ 20 IN THE MAITER OF THE JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP, MINNESOTA PURSUANT TO MINNESOTA STATUTES 414.0325 TO; Minnesota Planning 658 Cedar Street St. Paul, MN 55155 Attn: Cristine Scotillo The Town of Spring Lake (Town) and the City of Prior Lake (City) hereby jointly agree to the following: 1. That the following described area in Spring Lake Township is in need of orderly annexation pursuant to Minnesota Statutes 414.0325 and the City and Town designate the following area for orderly annexation: That part of Government Lot 4 and that part of the Southeast Quarter of the Northwest Quarter of Section 11, Township 114, Range 22, Scott County, Minneso~ lying northeasterly of the centerline of Mush town Road and southeasterly of the southeasterly line of Block 2, WINDSTAR, according to the recorded plat thereof, and its extensions comprising an area of216,317 square feet or 4.97 acres; and any adjoining rights-of-way of record if not described above. 2. That the Town and City upon passage and adoption of this resolution and upon acceptance of this resolution and upon the acceptance by Minnesota Planning confer jurisdiction upon the Department over the various provisions contained in this agreement. 3. That the subject area is or is about to become urban or suburban and is in need or will be in need of municipal services, and the City is capable of providing them to the subject area. 4. That there are zero people in the orderly annexation subject.. 5. The tax mte on the area to be annexed shall be the same as if it had been originally a part of the City. The tax rate of the area to be annexed shall not be increased in substantially equal portions, but shall be the City Tax rate applicable to similar property. 6. In the fIrst year following the year the City could fIrst levy on the annexed area, the v' appllicant shall make a cash payment to the Township in an amount equal to 90% of the property taxes distributed to the Township in regard to the annexed area in the last year the property taxes from the annexed area were payable to the Township; in the second year, an amount equal to 70 percent; in the third year, an amount equal to 50 percent; in the fourth year, an amount equal to 30 percent; and in the fifth year, an amount equal to 10 percent 7. Both the Town and the City agree that no alteration of the stated boundaries of this agreement is appropriate, and that no consideration by State Planning is necessary. Upon receipt of this Joint Resolution, the Board may review and comment, but shall, within thirty (30) days, order the annexation in accordance with the terms of this joint Resolution. Approved by the Town of Spring Lake this ~:2. day of ~ 9- k '- . 2002. TOWN OF SPRING LAKE ?;::z~ By: Jim Lerschen ~~~ Town Board Chairman Town Board Clerk i Approved by the City of Prior Lake this day of . 2002. CITY OF PRIOR LAKE By: Jack G. Haugen, Mayor By: Frank Boyles, City Manager .. . . j PETITION FOR ANNEXATION For RED CEDAR HEIGHTS To The CITY OF PRIOR LAKE, MINNESOTA We, the undersigned,.the owners of the proposed Plat of Red Cedar Heights request the council to annex this property to the city and to extend the city boundaries to include the same., and for that purpose respectfully state: 1. The property to be annexed consists entirely of lands which are being platted into lots and blocks, which plat will be duly and legally made and certifie<iaccording to the laws of this state and filed in the office of the county recorder of Scott County, Minnesota All of this land lies entirely within the County of Scott, Minnesota and the description of such lands is as follows: That part of Government Lot 4 and that part of the Southeast Quarter of the Northwest Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the point of intersection of the North line of said Government Lot 4 and the center line of the Town Road as platted in the plat of Maple Acres, said point of intersection being 1693.80 feet East of the Northwest comer ofsald Section 11; thence East along said North line a distance of 230.98 feet to the point of beginning of the tract of land to be described; thence South 19 degrees 27 minutes 00 seconds East a distance of 100.00 feet; thence South 17 degrees 20 minutes 48 seconds East a distance of 99.48 feet; thence South 16 degrees 32 minutes 58 seconds East a distance of 99.67 feet; thence South 17 degrees 11 minutes 00 seconds East a distance of 21 0 feet more or less to the Northeast corner of the plat of 0' Rourke Addition; thence continuing South 17 degrees 11 minutes 00 seconds East along the Easterly line of said Addition a distance of300.00 feet to the Southeast comer of said Addition; thence South 17 degrees 11 minutes 00 seconds East a distance of 40.00 feet; thence South 72 degrees 49 minutes 00 seconds West a distance of 21 7.79 feet to the center line of a Town Road; thence Southeasterly along said center line to its intersection with the East line of said Southeast Quarter of the Northwest Quarter; thence Northerly along said East line and the East line of said Government Lot 4 to the Northeast corner of said Government Lot 4; thence Westerly along the North line of said Government Lot 4 to the point of beginning. r .- I 2. The property described above abuts upon the city limits at the southern boundary thereof and none of it is presently included within the corporate limits of any incorporated city. 3. All of this property is proposed to become urban in character. Tom Holme Construction, Inc. 15287 Edinborough Avenue NE Prior e, MN 55372 I ... '2. 2.. - () ::2-- .. ,.. j Location Map J' ~ .i I FIRST TCM'ER HLl. APAfm/EN1" 50 o 50 100 150 Feet I + T