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Home My WebLink About5F - 2004 Orderly Annexation CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: MARCH 1, 2004 SF JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ANNEXING THE 2004 ANNEXATION AREA UNDER THE ORDERLY ANNEXATION AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.0325 DISCUSSION: History: In October, 2003, the State of Minnesota approved an Orderly Annexation Agreement (OAA) between the City of Prior Lake and Spring Lake Township. The OAA established a schedule for annexation of approximately 3,000 total acres of land located in Sections 4, 10, 11 and 12, Spring Lake Township. The first phase of the OAA was the 2003 annexation of a 0.23 acre parcel located at 2485 Spring Lake Road (Speiker property). This parcel was annexed immediately upon approval of the OAA, due to the fact that the parcel is serviced by City sewer and water. The second phase of the agreement, scheduled for annexation in 2004, includes approximately 380 acres of land described as follows: . The property located on the south side of CSAH 21 and west of CSAH 87 in Section 12, Spring Lake Township (Bohnsack, Svoboda, and Prior Lake Blacktop property) . The property located directly south of Deerfield Development and The Ponds Park in Sections 11 and 12, Spring Lake Township (Radanke property); . The property located directly west of the City limits and east of Crystal Lake in Section 11, Spring Lake Township (Maple Acres, 17011-17127 Mushtown Road, and 17240-17300 Panama Avenue); . The properties located south of 170th Street, south and east of TH 13, and north and west of Crystal Lake and Rice Lake in Sections 10 and 11, Spring Lake Township; . The properties located immediately west of North wood Oaks Estates and Hawk Ridge Road and east of Spring Lake Regional Park in Section 4, Spring Lake Township. www.cityofpriorlake.com 1:\04 files\04 annex\2004 annex area\annexatiAfOim'952.447 .4230 / Fax 952.447.4245 Page 1 Current Circumstances: The property in question is located within the Spring Lake Orderly Annexation 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. According to Section 5.2 of the Orderly Annexation Agreement, the City shall adopt a resolution annexing the designated area for a given year. NO action is required by the Township prior to annexation. The City will then forward the resolution to the Minnesota Office of Boundary Adjustment, which shall order the annexation within 30 days. ISSUES: 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 adequate to protect the public health, safety, and welfare; or (c) annexation would be in the best interests of the subject area. The Orderly Annexation Agreement also requires that sewer and water service be located within 150' of the area to be annexed. Of the parcels scheduled for 2004 annexation, only the Bohnsack, Svoboda and Prior Lake Blacktop property are not located within 150' of City services. For this reason, this property is not included in the annexation resolution. Sewer and water will be available to this property with the ultimate development of the Deerfield Industrial Park. The City can annex the property at that time, or the owners can petition for annexation. All of the other areas are within the 150' limit. Under the provisions of the Orderly Annexation Agreement with Spring Lake, property tax phasing will be applied to these properties. Section 6.1 of the agreement states H[pJroperty taxes payable on the annexed land shall continue to be paid to the Township for the year in which the annexation becomes effective." Since the annexation will occur prior to August 1 st, the City will levy on the annexation area for this year. For the first three years following annexation, the property taxes payable to the City shall be phased. Upon annexation, this property will automatically be zoned R-l. The City is also in the process of updating the Comprehensive Plan to include the entire Orderly Annexation Area. It must also be noted that services are not currently available to this property, although they will be available once the property to the east develops. CONCLUSION: Approval of the resolution is consistent with the Orderly Annexation Agreement. Development of the property should occur within the City limits, once sewer and water service are available to serve this site. 1:\04 files\04 annex\2004 annex area\annexation cc rpt.doc Page 2 FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Budl!et Impact: Approval of the annexation will allow the development of the property within the City limits, which will increase the City tax base. The cost of providing services to these areas is modest, according to the Public Works Director. The City Council has three alternatives: 1. Approve the Resolution as submitted. 2. Approve the Resolution with modifications. 3. Defer this item and direct staff to provide additional information. The staff recommends adoption of Alternative #1. A motion and second to approve the Resolution as submitted is required. The fully executed document will be forwarded to the Minnesota Office of Boundary Adjust nt for their 30-day review and comment period. 1:\04 files\04 annex\2004 annex area\annexation cc rpt.doc Page 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE RESOLUTION 04-XX A RESOLUTION ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY OF PRIOR LAKE (DOCKET #OA-967) MOTION BY: SECOND BY: WHEREAS: The City of Prior Lake and the Town of Spring Lake have entered into an orderly annexation agreement identified as MBA Docket No. OA-967; and WHEREAS: Said orderly annexation agreement designates the land shown on the attached map as parcels 4.2, 4.3 and 4.4 and legally described in Exhibit A and provides for annexation of said land; and WHEREAS: No consideration by the Director of Strategic and Long Range Planning is necessary. The Director may review and comment, and shall, within 30 days, order the annexation in accordance with the terms of this resolution; and WHEREAS: Pursuant to the Orderly Annexation Agreement between the City of Prior Lake and Spring Lake Township (Docket #OA-967), the City of Prior Lake states: 1. That the following described property in Spring Lake Township is subject to annexation pursuant to Minnesota Statutes 414.0325 and hereby requests annexation of the following described properties, to wit: SEE ATTACHED EXHIBIT A 2. That there is no change in electrical service provided for the subject annexation, therefore, State Statute 414.0235, Subd. 1 A, is not applicable. 3. Pursuant to Section 6.3 of the Orderly Annexation Agreement, the City of Prior Lake portion of property taxes for these properties are phased over a 4-year period. 1:\04 files\04 annex\2004 annex area\resolution 04-xx.doc 'ty f . I k WWW.clopoorae.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE THAT: 1. The recitals set forth above are incorporated herein. 2. The City of Prior Lake approves the proposed annexation of the aforementioned property from Spring Lake Township into the City of Prior Lake. 3. The staff is hereby directed to forward this resolution to Minnesota Municipal Boundary Adjustment for review and comment. Passed and adopted this 1 st day of March, 2004. YES NO Haugen Haugen LeMair LeMair Petersen Petersen Zieska Zieska Blomberg Blomberg Frank Boyles, City Manager 1:\04 files\04 annex\2004 annex area\resolution 04-xx.doc Page 2 EXHIBIT A LEGAL DESCRIPTION OF AREA TO BE ANNEXED Area 4.2 The North 40.5 rods of the Northwest Quarter of the Southwest Quarter of Section 12, Township 114, Range 22, Scott County, Minnesota. And also the South ~ of the Southeast Quarter of the Northeast Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota. And also that part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota, lying Northeasterly of Mushtown Road. And also that part of the Northeast Quarter of the Southeast Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota, which lies Northerly of Jackson Estates, according to the recorded plat thereof Scott County, Minnesota, and Northeasterly of Mushtown Road. Area 4.3 That part of the North-half of Section 10, Township 114, Range 22, Scott County, Minnesota, lying Southeasterly of the Southeasterly right-of-way line of State Trunk Highway No. 13. And also that part of the Northwest Quarter of the Southwest Quarter of Section 10, Township 114, Range 22, Scott County, Minnesota, lying Southeasterly of the Southeasterly right-of-way line of State Trunk Highway No. 13, lying Northerly of Maple Knoll and Maple Knoll 2ND Addition, according to said plats on file and of record in the office of the County Recorder, in said County, and lying Northerly of the Easterly extension of the Northerly line of Maple Drive, as dedicated in said plats. And also that part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 114, Range 22, Scott County, Minnesota, lying North of the South 180.00 feet thereof. And also Government Lot 2, Section 10, Township 114, Range 22, Scott County, Minnesota, except that part of said Government Lot 2 described as follows: Beginning at a point 1176.65 feet North of the Southwest corner of the Southwest Quarter of the Southeast Quarter of said Section 10; thence East 818.53 feet; thence North 372.78 feet, thence West 818.53 feet; thence South 372.78 feet to the point of beginning. And also Government Lot 5, Section 11, Township 114, Range 22, Scott County, Minnesota. And also that part of Government Lot 4, Section 11, Township 114, Range 22, Scott County, Minnesota, lying Westerly of County Road No. 23. And also that part of Government Lot 4, Section 11, Township 114, Range 22, Scott County, Minnesota, which lies Easterly of Mushtown Road, Westerly of Windstar, according to the recorded plat thereof, in said County, and Northwesterly of O'Rourke Addition, according to the recorded plat thereof, in said County. 1:\04 files\04 annex\2004 annex area\resolution 04-xx.doc Page 3 And also all of Maple Acres and O'Rourke Addition, according to the recorded plats thereof, Scott County, Minnesota. And also that part of the East-half of the Northwest Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the intersection of the Southerly line of Maple Acres, according to the recorded plat thereof in said County, and the centerline of County Road 23; thence South 394.21 feet; thence East 241.30 feet; thence North 546.37 feet to said Southerly line; thence Southwesterly 285.27 feet, along said Southerly line, to the point of beginning. 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