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Home My WebLink About10E1 - Theis Annexation CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: OCTOBER 18, 2004 10 E 1 JANE KANSIER, PLANNING DIRECTOR AGENDA ITEM: 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, ANNEXING 148 ACRES COMMONLY KNOWN AS THE THEIS PROPERTY DISCUSSION: Historv: Tollefson Development, on behalf of Theis Farming and Investment, LLC, has filed a request to annex a total of 148 acres of land located in Spring Lake Township. The purpose of the annexation is to allow the future development of this property on City services. 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. 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 July 8, 2004 (see attached). The Board did not attach any conditions to the resolution. The property owners are now requesting that the City Council sign the joint resolution and forward it to the Minnesota Office of Boundary Adjustment. 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. In this case, the area is adjacent to the City limits along its east boundary. Municipal sewer and water will be available to serve this site upon development of the adjacent property (scheduled for 2004). If both the City and the Township agree to the joint resolution, the resolution is forwarded to the Minnesota Office of Boundary Adjustment 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 www.cityofpriorlake.com 1:\04 files\04 annex\theis property\annexation <POOtt~c952.44 7.4230 / Fax 952.447.4245 Page 1 CONCLUSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Office of Boundary Adjustment. This method is not as cooperative in nature to the joint resolution process. Under the provisions of the Orderly Annexation Agreement with Spring Lake, property tax phasing will be applied to properties scheduled for annexation between 2004 and 2007. Since the property in question was not scheduled for annexation until 2008, this tax phasing will not be applied. Pursuant to Section 6.7 of the Orderly Annexation Agreement, the City shall reimburse the Township for lost property tax revenue when the property owner petitions for annexation. The Township's share of taxes for this property, payable in 2004, is $438.47. A pass-through fee of two times this amount will be paid to the City as part of the Development Contract when this property is subdivided. The City will then forward this amount to the Township. Upon annexation, this property will automatically be zoned R-1. A portion of this property is also located within 1,000 feet of Campbell Lake, so the provisions of the Shoreland District will also apply. 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. Services to this property will be dependent on the development of the property to the east, and the connection of the sewer in CSAH 82 to the sewer in the Arcon Development. Approval of the joint resolution is the most cooperative method of annexation for this property. Development of the property should occur within the City limits, once sewer and water service are available to serve this site. Budaet Imoact: Approval of the annexation will allow the development of the property within the City limits, which will increase the City tax base. 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 xecuted document will be forwarded to the Minnesota Office of Bounda djustment for their 30-day review and comment period. 1:\04 files\04 annex\theis property\annexation cc rpt.doc Page 2 JOINT RESOLUTION CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP A RESOLUTION ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY OF PRIOR LAKE (DOCKET #OA-967) CITY OF PRIOR LAKE RESOLUTION NO. 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 Edwin J. Theis and Dorothv R. Theis 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 Board of Supervisors of Spring Lake Township and the Prior Lake City Council 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 6.7 of the Orderly Annexation Agreement, property taxes will not be phased for this property. The City shall reimburse the Township for lost property tax revenue in the amount of 2 times the Township share of taxes, to be collected upon development of the property. 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. c:\documents and settings\bonnie jo mueller\my documents\township info~oint resolution for annexation\theis property. doc Page 1 Mayor Motion by: Second by: YES NO Haugen Haugen LeMair LeMair Petersen Petersen Zieska Zieska Blomberg Blombera ATTEST Frank Boyles, City Manager NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF SPRING LAKE TOWNSHIP, SCOTT COUNTY, MINNESOTA, THAT: It hereby approves the proposed annexation of the aforementioned property from Spring Lake Township into the City of Prior Lake. Adopted by the Township Board, Spring Lake Township, Scott County, Minnesota, this 8th day of July, 2004. ~ Motion by: Steve Pierson Second by: John Henschel Su ervisor Su ervisor Su ervisor YES X X NO N/A AiL This instrument was drafted by: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 c:\c:Iocuments and settings\bonnie jo mueller\my documents\township info~oint resolution for annexation\theis property. doc Page 2 EXHIBIT A LEGAL DESCRIPTION OF AREA TO BE ANNEXED Edwin J. Theis and Dorothy R. Theis Government Lot 3, Section 5, Township 114, Range 22, Scott County, Minnesota; and Northeast Quarter of the Northeast Quarter, except the North 522.30 feet of the East 417.00 feet thereof; Government Lot 1; and that part of Government Lot 2 lying East of the West 40 acres thereof, Section 6, Township 114, Range 22, Scott County, Minnesota c:\documents and settings\bonnie jo mueller\my documents\township info~oint resolution for annexation\theis property.doc Page 3 1000 I r ~I I I I I i I n I ' o Location Map Thies Property I I .l._l ~_ 1000 2000 Feet I -, -- City Limits [Je ~-.l 74 N + Location Map Theis Property N A Developers . land Investment . September 17, 2004 City of Prior Lake Attention: Danette Moore, Planning Coordinator 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Dear Ms. Moore: Tollefson Development, Inc. is submitting the annexation applications for the Douglas R. Thies and Roy H. and Danita M. Marschall properties. Spring Lake Township has already approved and delivered to city hall copies of their approving resolutions. We have included two AL T A surveys illustrating the following number of acres for both properties: . Douglas R. Thies: 148.6793 acres . Roy H. and Danita M. Marschall: 100.9063 acres We have also included payment reflective of the fees set fourth by city code and state statues. Weare in the process of developing the adjacent properties to the east: Schiltz and Honey's Back 40. The preliminary plats will be submitted in September and October 2004 respectfully. Both properties have been annexed. All of these properties are part of the orderly annexation area pursuant to the Agreement by way of joint city/township resolution. We intend on working with the city in developing a master plan community that meets the city's expectations under city code. This area is urban and suburban in character and is poised for future residential development. We feel it is important to move forward with annexation now in order to make this a viable project for the future of Prior Lake. Weare making a significant investment to get temporary sewer capacity to this area via Schiltz and Honey's Back 40. Part of Theis can be served with utilities and further served by the end of 2005 when Hwy 82 is completed. This is a benefit and cost savings for the city and are in need to capture that investment knowing we have limited capacity until Hwy 82's completion. Therefore, we need to 17271 Kenyon Ave., Suite #103 · Lakeville, M N 55044 · Phone (952) 435-1010. FAX (952) 435-1020 Email -info@tdi-mn.com www.tdi-mn.com ...:. ..:_1...;.::.;..,,;:;......... ~~~..;;. :_._'_. ..._...:.,~..:.:.,. , .. .. ".' ._._' ..: ~'_.J~::" __4.:'" ......... ..~,..: ............:.:../...J;:......7._;...".....~ , " capture current capacity on a "frrst-come-frrst serve basis" to be in a position to develop the balance of the acreage. With over 25 years of experience in the development business, we have the capabilities of delivering an extremely well thought out plan for the city of Prior Lake both on a temporary and long-term basis. If you should have any questions, please do not hesitate to contact us. Please let me know when this will be considered for approval. Thank you for your time and consideration in this matter. Yours truly, -/ ~~&-- Todd Bodem Project Manager Enc. Central Region Waters - 1200 Warner Road, St. Paul, MN Telephone: (651) 772-7910 Fax: (651) 772-7 Minnesota Department of Natural Reso September 29, 2004 Ms. Danette Moore City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 RE: Proposed Theis Annexati~ Campbell Lake (#70-56P) Dear Ms. Moore: Thank you for the notice of the proposed annexation of 148.7 acres including a portion of Campbell Lake. Campbell Lake is a DNR- protected basin. In addition, land within 1000' of the lake is subject to the provisions of the city's shoreland ordinance. Enclosed are a number of records from my files that may be of interest to the city and landowner. First is a copy of a letter I sent to Mr. Ed Theis in response to a field visit I made with him in 1999. DNR has authorized Mr. Theis to maintain a narrow cartway from. the mainland to an island for providing cattle access. The crossing is roughly ten feet across at the top. DNR will not entertain a permit in the futw"e to expand the width of the cartway to facilitate development of the island. Also enclosed is a Minnesota DNR Waters Field Survey Report dated May 3,2004. This report summarizes the findings of our field investigation to determine the ordinary high water elevation (OHW) of Campbell Lake. This elevation establishes DNR jurisdiction and is used for determining lot size, setback, impervious surface coverage, etc. The OHW for Campbell Lake is 925.5'. Note that our surveyors documented an illegal water control structure at the outlet near the northwest comer of the lake. This illegal structure is in form of a rock and earthen dam and is artificially maintaining water levels in Campbell Lake 1.5 feet higher than the natural nmout elevation. The final attachment is a profile of the outlet, Drawing No. A-982, based upon our surveyor's findings in the field. It illustrates the location and details of the rock and earthen dam at the outlet. To date, no action has been taken to remove the unauthorized water control structure and return the nmout elevation to 924.7' , as existed previous to the dam. As a condition of annexati~ or when a development proposal for the piece is submitted to the city, I request a condition of approval require the applicant to remove the unauthorized outlet obstruction and to restore the runout to the satisfaction of the DNR. I believe this process facilitates restoration faster and more amicably than through taking legal enfOfi'...ement action against the landcvmer. If the city cannot require this as a condition of any land u..qe decision on the property, please let me know at your earliest convenience so that I can pursue other meanS of gaining compliance. Thank you again for sending the annexation notice. If you have any questions, please call me at 651-772-7917. ~i~. ~~ Area Hydrologist enclosures C: Bud Osmundson, City Of Prior Lake DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer o Printed on Recycled Paper Containing. a Minimum of 2()'k Post-Consumer Waste