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Home My WebLink About7C - Brown/Busse Annexation CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: JULY 19, 2004 7C JANE KANSIER, PLANNING DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE ANNEXING 3 ACRES OF PROPERTY IN SECTION 10, SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414,0333 (BROWN) DISCUSSION: Historv: Dave and Kinga Brown and Eileen Busse, property owners, of a total of 3 acres of land located southeast of TH 13, at the easterly end of Maple Drive in Section 10, Spring Lake Township, have filed a request to annex this property. The purpose of the annexation is to allow the development of this property. Current Circumstances: The property in question is located outside of the Spring Lake Orderly Annexation Area. It is adjacent to the City limits on its northern bOWIdary. These 3 acres are also part of a larger parcel owned by the petitioners that was annexed in 2004 under the Orderly Annexation Agreement. This property is currently vacant land. Development of the parcel will have to be done in conjunction with the property to the north and east. ISSUES: Under Minnesota Statutes 414.033, Subdivision 2 (3), the City Council may adopt an ordinance annexing land to the City WIder the following circumstances: . The land abuts the municipality; and . The area to be annexed is 60 acres or less; and . The area is not presently served by public sewer facilities or public sewer facilities are not otherwise available; and . The mWIicipality receives a petition for annexation from all of the property owners ofthe land to be annexed. This method of annexation does not require approval of the Township but does require a public hearing by the City Council. Prior to the hearing, the City must give 30-days written notice by certified mail to the Townboard and to all owners of land adjacent to the property in questions. The staff sent the notice of this public hearing on JWIe 18, 2004. If the City Council adopts an ordinance annexing the property, this ordinance is sent to the State MWIicipal Boundary Adjustment office for review. www.cityofpriorlake.com 1:\04fi1es\04annexldavebrown""mexationccJlllt~>'l'ie 952.447.4230 / Fax 952.447.4245 Page 1 CONCLUSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: It must also be noted that this property is not included on the City's Comprehensive Plan Map. If the City Council agrees to annex the property, it will automatically be zoned R-I (Low Density Residential). Eventually, either the City Councilor the petitioner must initiate an amendment to the Comprehensive Plan Map to include this area. The property in question meets the criteria for annexation under Minnesota Statutes Section 414.033, Subdivision 2 (3). Development of the property should occur within the City limits, once sewer and water service are available to serve this site from the adjacent parcels. Budflet Iml1act: 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 414.033, Subdivision 12, the property will also be subject to tax feathering, as follows: When a municipality annexes land under subdivision 2, clause (2), (3), or (4), property taxes payable on the annexed land shall continue to be paid to the affected town or towns for the year in which the annexation becomes effective. If the annexation becomes effective on or before August i of a levy year, the municipality may levy on the annexed area beginning with that same levy year. If the annexation becomes effective after August i of a levy year, the town may continue to levy on the annexed area for that levy year, and the municipality may not levy on the annexed area until the following levy year. in the first year following the year when the municipality could first levy on the annexed area under this subdivision, and thereafter, property taxes on the annexed land shall be paid to the municipality. In the first year following the year the municipality could first levy on the annexed area, the municipality shall make a cash payment to the affected town or towns in an amount equal to 90 percent of the property taxes distributed to the town in regard to the annexed area in the last year the property taxes from the annexed area were payable to the town; 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 frfih year, an amount equal to ten percent. The municipality and the affected township may agree to a different payment. The City Council has three alternatives: 1. Approve an ordinance annexing the property as requested. 2. Deny the ordinance annexing the property on the basis it is inconsistent with the Comprehensive Plan or State Statutes. 3. Defer this item and provide staff with specific direction. The staffrecommends adoption of Alternative #1. 1:\04 files\04 annex\dave brown \annexation cc rpt.doc Page 2 A motion and second to approve an ordinance annexing the 3 acres of land in Section 10, Spring Lake Township pursuant to Minnesota Statutes 414.033, Subdivision 2 (3). The ordinance will be forwarded to the Minnesota Office of Boundary Adjus nt for their review. REVIEWED BY: 1:\04 files\04 annex\dave brown\annexation cc rpt.doc Page 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04- XX AN ORDINANCE ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY OF PRIOR LAKE MOTION BY SECOND BY The City Council of the City of Prior Lake does hereby ordain that: 1. That the following described property in Spring Lake Township is subject to annexation pursuant to Minnesota Statutes 414.033, Subdivision 2 (3); That part of the North Half of the Southwest Quarter of Section 10, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the intersection of a line drawn parallel with and distant 75.00 feet southeasterly (as measured at right angles) of the centerline of State Trunk Highway No. 13, with the west line of said Section 10; thence northeasterly along said parallel line a distance of 498.06 feet; thence South 59 degrees 21 minutes 36 seconds East a distance of 282.18 feet; thence North 88 degrees 50 minutes 24 seconds East a distance of 188.18 feet; thence North 67 degrees 56 minutes 09 seconds East a distance of 107.03 feet; thence North 88 degrees 50 minutes 24 seconds East to the east line of the Northwest Quarter of the Southwest Quarter of said Section 10; thence southerly along said east line to the northeast corner of the south 240.00 feet (as measured at right angles) of said Northwest Quarter of the Southwest Quarter to the point of beginning of the property to be described; thence westerly parallel with the south line of said Northwest Quarter of the Southwest Quarter a distance of 50.00 feet; thence along a tangential curve, concave to the south, having a radius of 561.35 feet, a central angle of 10 degrees 10 minutes 48 seconds, an arc length of 99.74 feet; thence southwesterly tangent to the last described curve a distance of 13.74 feet; thence along a tangential curve concave to the north, having a radius of 561.35 feet, a central angle of 10 degrees 10 minutes 48 seconds, an arc length of 99.74 feet, to its intersection with the Easterly extension of the north line of Maple Drive according to the plat of MAPLE KNOLL SECOND ADDITION, Scott County, Minnesota; thence westerly along said easterly extension to the southeast corner of Block 1, of said plat; thence southerly along the east line of said plat to the northeast corner of Lot 3, Block 2, of said plat; thence easterly along the easterly extension of the north line of said Lot 3, Bloc 2, a distance of 100.00 feet; thence south parallel with the east line of said Lot 3, Block 2, to the south line of said Northwest Quarter of the Southwest Quarter; thence easterly along said south line to the southeast corner of said Northwest Quarter of the Southwest Quarter; thence northerly along the east line of said Northwest 1:104 filesl04 annexldave brownlord04xx.00\lIW.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 Quarter of the Southwest Quarter, the same being the west line of the Northeast Quarter of the Southwest Quarter of said Section 10, to the point of beginning. And 2. The petition for annexation has been signed by all of the owners of the subject property; and 3. The City Council of the City of Prior Lake upon passage and adoption of this ordinance, and upon acceptance by the Minnesota Office of Boundary Adjustment, annexes the aforementioned property into the City of Prior Lake. 4. That there is no change in electrical service provided for the subject annexation, therefore, State Statute 414.0235, Subd. 1 A, is not applicable. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, SCOTT COUNTY, MINNESOTA, THAT: The City of Prior Lake approves the proposed annexation of the aforementioned property from Spring Lake Township into the City of Prior Lake. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 19th day of July, 2004. ATTEST: City Manager Mayor Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:104 lilesl04 annexldave brownlord04xx.doc 2 _ J r11_~ ~ ' , __--ll . I . II _.L ! !-----1-. 3 acre parcel ~. I L.. to be annexed II I 1---,\\ -)r~~ ~-1 _l~u_ .It!L_L 'l' c='r-'- -.-~T , I I I I I I 1 Location Map for Brown Annexation ?:Y --rnTHSTE I' \ \ \ J)) /~ ~~. I ill n J} ~ ~ I 1 :J I I ~ I' ~ '-l-L1 L~_ ~- T I I I 18tih Stree , \) I i I ____.1.___ - ----1 ---~- I i I I I I I I I I I City Limits 500 I o 500 Feet I ~.._.~--------.-. N +