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Home My WebLink About11B - Berens Property Annex. CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: JANUARY 18, 2005 11 B DANETTE MOORE, PLANNING COORDINATOR 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 34.77 ACRES, WEST OF CSAH 17, NORTH OF 16STH ST NE, AND COMMONLY KNOWN AS THE BEREN'S PROPERTY DISCUSSION: Historv: Arcon Development, on behalf of Steve and Mary Berens, have filed a request to annex a total of 34.77 acres of land located in Spring Lake Township, The purpose of the annexation is to allow the future development of this property utilizing City services. Current Circumstances: The property in question is located within the Spring Lake Orderly Annexation Area and was scheduled for annexation in 2007. 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 December 9, 2004 (see attached). The Board did not attach any conditions to the resolution. The property owners are now requesting that the City Council approve the joint resolution and forward it to the Minnesota Office of Boundary Adjustment. ISSUES: Minnesota Statute 414.0325 lists the criteria that is used to determine if an area is appropriate for annexation. 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 property meets the criteria. The area is adjacent to the City limits along its east boundary. Municipal sewer and water services are anticipated to be available in 2005, upon development of the adjacent property (scheduled for 2004 ). www.cityofpriorlake.com 1:\04 files\04 annex\berens\city council agendaf3Wg1i~o952.44 7.4230 / Fax 952.447.4245 Page 1 CONCLUSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 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 and comment. 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. The property in question is scheduled for annexation in 2007, thus, the tax phasing will 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 $ 17.95. 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-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. 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. Budeet Impact: 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 executed document will be forwarded to the Minnesota Office of Boundary Ad' stment for their 30-day review and comment period. tJ 1:\04 tiles\04 annex\berens\city council agenda report. 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 the Berens' property 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\berens property. doc Page 1 ",'~,__,_~,.,~"",__,._""",=<'.>~,~.",..,.~."._,."",~,.._~....,,,."..,""~"-~'-""""''''''''''~--'''''''''l>~-'''''''"''''~_'~''-=.''';~M>''"'"'"''''''''-..,~_._~"."."~"....,".....,_..".."~..~,-=",,,..,>.._~,......,,-,---~,".',,.~,<<"""""',""'"'~."""'''-_'..4".''''._',~,,,,,___,._,,_~~,_~,,~,,_~'~--",,",~-"'~ '. Mayor Motion by: Second by: YES NO Haugen Haugen LeMair LeMair Petersen Petersen Zieska Zieska Fleming Fleming 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 ~ day of 7)eL~.nubc~ ,200~ Motion by: Supervisor Pierson Second by: Supervisor Henschel Su ervisor Berens Su ervisor Henschel Su ervisor Pierson X' NO. ATTEST: J.v-- This instrument was drafted by: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 c:\documents and settings\bonnie jo mueller\my documents\township info~oint resolution for annexation\berens property.doc Page 2 ._-+""---""""-' ----~.........-~i.~-.."""."'.....~.,..............--"---..........-.-,....~..---""'..~."'".-__"_~_"."'~_,_,-,,,__,__,.'~_',_.~,,,><~,,"'"'__'~"'w,,_",~""~~~-"""'."",-~~...",~~._;'""""",..',...,,..~ EXHIBIT A LEGAL DESCRIPTION OF AREA TO BE ANNEXED That part of the South Half of the Northeast Quarter of Section 5, Township 114, Range 22 lying northerly, easterly, northeasterly, northerly northwesterly and northerly of a line described as follows: Beginning at the northwest comer of the South 831.24 feet of said South Half of the Northeast Quarter, said point peing 1783.30 feet south of the northwest corner of said Northeast Quarter, as measured along the west line of said Northeast Quarter; thence South 89 degrees 40 minutes 58 seconds East, assuming the south line of said Northeast Quarter bears South 89 degrees 40 minutes 58 seconds East, along the north line of said South 831.24 feet of the South Half of the Northeast Quarter, a distance of 1190.85 feet to a point on the east line of the West 1190.81 feet of said South Half of the Northeast Quarter; thence South 00 degrees 48 minutes 32 seconds West, along said east line of the West 1190.81 feet of the South Half of the Northeast Quarter, a distance of 365.81 feet to a point on the north line of the South 465.44 feet of said South Half of the Northeast Quarter; thence South 89 degrees 40 minutes 58 seconds East, along said north line of the South 465.44 feet, a distance of 361.63 feet to a point distant 1552.48 feet easterly of the northwest corner of said South 465.44 feet; thence South 35 degrees 40 minutes 58 seconds East, a distance of 280.00 feet; thence South 89 degrees 40 minutes 58 seconds East, parallel to the north line of said South 465.44 feet, a distance of 150.00 feet; thence North degrees 15 minutes 02 seconds East, a distance of 534.67 feet to a point on said north line of the South 465.44 feet, distance of 285.00 feet westerly of the east line of said South Half of the Northeast Quarter; thence South 89 degrees 40 minutes 58 seconds East, along said north line of the South 465.44 feet, a distance of 285.00 feet, to the east line of said South Half of the Northeast Quarter and said line there terminating. EXCEPTING THEREFROME the West 856.80 feet of said South Half of the Northeast Quarter. c:\documents and settings\bonnie jo mueller\my documents\townshipinfo~oint resolution for annexation\berens property. doc Page 3 c; 2004 Westwood Professional Services, Inc. if r= "L ~~ll~'r HW 00"= - - -- - - ~ - - ~ - - I I elE' I' II, I II "1""- west line of I the ~JEl /4 I I !~I II I 1~1_t::=u___- 85680 ~fl' . ---'-----3-- -..J e:; EXCEPTION 'N .- -~J cr- !"1 -.:j- I~_ '~I NW corner of the sOSU1 t/h2 ~ ~ VJ,-, 831,24 feet of the " v' ~ l.J /u of the NE1/4 . 0 -.:j- ~ 0 < 0 , ~ S89040'58"E 1190.85 II~ / :':111 ;- 334.02 - - - -; ,-<: - i S8go40'5~~ -\'\j' y' : 'NIX:! I I ;;; \/!"1Lf) I ~~I=- : -----2552~ 1'1 \' o~ ~ ! -_ I, I ~ \ ^ (~: 25 T'--361.63--/ I i2 \north line of th; south: 465 44 (f) i S8g040'58"E I 1 feet of the S1/2 or th~ NE1/4 ! S35040'58"E "------ is: 7 280.00 I I ,south :llne of the ~ _~I!~ // NE1/4j ~ - -I-I-~ ----..... '''-. ""-.- ~ I I "'", -",~ I LEGAL DESCRIPnON: fhot port of t~le South Half of the l'lortheast Quarter 01 Section 5, Township 114, Ranl)e 22, lying northerly, easterly. northeasterly, northerly northwesterly (Jnd northerl:; of 0 line described os follows: Beginning at the northwest corner of the South 831.24 feet of said South Half of the Northeost Quarter, said point being 1783.30 feet south of the northwest corner of said Northeast Quarter, os measured along the west line of said Northeast Quarter: thence South 89 degrees 40 minu tes 58 seconds East, assuming the south line of said r~ortheost Quarter bears South 89 degrees 40 minutes 58 seconds East, along the narth line at said :::'outh 8.31.24 leet of the South Half of the ~lorthe(1st Quarter, 0 distance of 1190.85 feet to 0 point on the east line of the West 1190.81 feet of said South Holf of the Northeast Quarter: thence Sou th 00 degrees 48 minu tes .32 seconds West, along said east line of the West 1\90.81 feet of the South Half of, the Northeast Quarter, 0 distance of 365.81 feet to 0 point on the north line of the South 465.4-+ feel of said South Half of the l'lortheost Quarter: thence South 89 degrees 40 minu les 58 seconds East, along said north line of the South 465.44 feet, 0 distance of .361.63 feet to 0 point distant 1552.48 feet easter1v of the northwest corner of soid South 465.44 feet: thence South .35 degrees 40 minutes 58 seconds East, 0 distance of 280.00 feet; thence South 89 degrees -+0 minutes 58 seconds Eust, parallel to lh" nor th line of said South 465.44 feet, 0 distance of 150.00 feet; tllence I';orth 65 degrees 15 minutes 02 seconds East, 0 distance of 5.34.67 feet to 0 point on said north line of the South 46544 feet, distonct 28500 feet westedy of the east line of said South Half of the rlortheosl Ouorter': thence South 89 dearees 40 minutes 58 seconds soid north line of the South" 465.44 feet, 0 distonce of to the east line of said SQuth Half of the Northeost soid line there termlnatin<]. [/:Cli" illiG fIlEREFROI,1 the West 856.80 feet 01 said South Holf of tile Hor the:ost UlHJrter T..,' C' 11.:' f ' ~ . ~ ~ L DESCRiPTIO SK north lille of the South Half of the NE1/4 , \ , \\ NSg049'04"W 1784.15 north line of the South 8.31.24 feet of the 51/2 of the NE1/4 1 J' \ I ~ \' co .q- ci r.o CO \<:: \ ~\ \.-.... ~ ro .q- r.o o o o (f) I .,~ 1285.00 :;07.. N~go40'58"\ (;..0\ :1 ~6-J ,,::>~bc.6 ; wo S89040'58"E ~ ~ rT --~-~I o (J) CO (f) I -l~ I I Scale: 1"= JOO feet Bearings based an assumed datum 1,514,618.58 sq.lt 34.77 acres R[OU[ST[O Br Arcon Development Westwood Professional Services, Inc. 7599 Anagram Dnve Eden Prairie, Mr'J 55344 Phone: 952-937-5150 Fax: 952-937-5822 i)rown DY MS ~-+~"""--'---~""""'--"""""""""-~'.'~"->"'-'-"'~'"'~""""'~~""'" I