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Home My WebLink About7B - Annexation Lindstrom Prop.CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: APRIL 4, 2005 7B JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF AN ORDINANCE ANNEXING 18.25 ACRES OF PROPERTY IN SECTION 10, SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.033, SUBD. 2 (LINDSTROM) History: David and Jill Lindstrom, property owners, of a total of 18.25 acres of land located north of 180th Street, east of Fairlawn Avenue, west of Rice Lake and south of TH 13, 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 boundary. The property is the site of a single family home and outbuildings. Development of the parcel will have to be done in conjunction with the property to the north and south. Under Minnesota Statutes 414.033, Subdivision 2 (3), the City Council may adopt an ordinance annexing land to the City under 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 municipality receives a petition for annexation from all of the property owners of the 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. If the City Council adopts an ordinance annexing the property, this ordinance is sent to the State Municipal Boundary Adjustment office for review. 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-1 (Low Density Residential). Eventually, either the City Council or the petitioner must initiate an amendment to the Comprehensive Plan Map to include www.cityofpriorlake.com I:\05 files\05 annexations\lindstrom annexationl~iSl~i~:~.r~t~.4230 / Fax 952.447.4245 Page 1 this area. Staff recommends the City Council instruct the developer to submit this petition. CONCLUSION: 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. FISCAL IMPACT: Budget 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 414.033, 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 1 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 1 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 fifth year, an amount equal to ten percent. The municipality and the affected township may agree to a different payment. ALTERNATIVES: 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. RECOMMENDED MOTION: REVIEWED BY: The staff recommends adoption of Alternative #1. A motion and second to approve an ordinance annexing the 18.25 acres of land in . Section 10, Spring Lak/e Township pursuant to Minnesota Statutes 414.033, Subdivision 2 (3). Thj~ ordinance will be forwarded to the Minnesota Office of B~~ Veir review. !:\05 files\05 annexations~lindstrom annexation\annexation cc rpt. doc Page 2 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 05-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); PARCEL 1: All that part of the South 180.00 feet of the Northeast Quarter of the Southwest Quarter of Section 10, Township 114, Range 22, Scott County, Minnesota, lying westerly of the following described line: Beginning at a point on the south line of the Southeast Quarter of the Southwest Quarter distant 640.00 feet east of the southwest corner thereof; thence northerly, at right angles to said south line, to the north line of said South 180.00 feet of the Northeast Quarter of the Southwest Quarter and there terminating. PARCEL 2: All that part of the Southeast Quarter of the Southwest Quarter of Section 10, Township 114, Range 22, Scott County, Minnesota lying westerly of the following described line: Beginning at a point on the south line of said Southeast Quarter of the Southwest Quarter distant 640.00 feet east of the southwest corner thereof; thence northerly, at right angles to said south line, to the north line of said Southeast Quarter of the Southwest Quarter and there terminating; EXCEPTING therefrom the following: Beginning at the southwest corner of said Southeast Quarter of the Southwest Quarter; thence on an assumed bearing of East along the south line thereof 594.67 feet; thence North 12 degrees 29 minutes 45 seconds West 486.52 feet to the north line of the South 475.00 feet of said Southeast Quarter of the Southwest Quarter; thence West along said north line to the west line of said Southeast Quarter of the Southwest Quarter; thence southerly along said west line to the point of beginning. PARCEL 3: 1:\05 files\05 annexations\lindstrom annex~JO~.@~al~e.com Phone 952.447.4230 / Fax 952.447.4245 That part of the Southeast Quarter of the Southwest Quarter and that part of the South 180.00 feet of the Northeast Quarter of the Southwest Quarter, Section 10, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the south line of the Southeast Quarter of the Southwest Quarter distant 640.00 feet east of the southwest corner thereof; thence northerly, at right angles to said south line, 620.00 feet to the point of beginning of said land to be described; thence continuing northerly along last described line to the north line of said South 180.00 feet of the Northeast Quarter of the Southwest Quarter; thence easterly along said north line to the west line of the East 330.00 feet of said South 180.00 feet, as measured along and parallel with the south and east lines, of said Northeast Quarter of the Southwest Quarter; thence southerly along said west line to the north line of the South 726.00 feet, as measured along and parallel with the south and east lines, of said Southeast Quarter of the Southwest Quarter; thence easterly along said north line to the east line of said Southeast Quarter; thence southerly along said east line 66.00 feet; thence westerly parallel with said south line of the Southeast Quarter of the Southwest Quarter 330.00 feet; thence southerly parallel with said east line 39.40 feet; thence westerly parallel with said southerly line to the point of beginning. Excepting therefrom the following described property: That part of the Southeast Quarter of the Southwest Quarter of Section 10, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the south line of the Southeast Quarter of the Southwest Quarter distant 640.00 feet east of the southwest corner thereof; thence northerly, at right angles to said south line, 620.00 feet to the point of beginning of said land to be described; thence continuing northerly along last described line 543.00 feet; thence easterly parallel with the north line of said Southeast Quarter of the Southwest Quarter to a line drawn 330.00 feet west of and parallel with the east line of the Southwest Quarter; thence southerly along said parallel line to a line drawn 726.00 feet north of the south line of said Southeast Quarter of the Southwest Quarter; thence easterly along said line to the east line of said Southwest Quarter; thence southerly along said east line 66.00 feet; thence westerly parallel with the south line of said Southwest Quarter 330.00 feet; thence southerly parallel with said east line of the Southeast Quarter of the Southwest Quarter 39.40 feet; thence westerly to the point of beginning. And 2. The petition for annexation has been signed by all of the owners of the subject property; and 1:\05 files\05 annexations\lindstrom annexation\annex ord.doc . 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 4th day of April, 2005. ATTEST: City Manager Mayor Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\05 files\05 annexations\lindstrom annexation\annex ord.doc LOCATION MAP FOR LINDSTROM PROPERTY Lindstrom Pro Lindstrom Property Annexation Area