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Home My WebLink About10B - Annexation / Shuman Prop 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: OCTOBER 17, 2005 lOB 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 10 ACRES COMMONLY KNOWN AS THE SCHUMAN PROPERTY DISCUSSION: Historv: Tollefson Development, on behalf of Frank and Darlene Schuman have filed a request to annex a total of 10 acres of land located in Spring Lake Township, The purpose of the annexation is to allow the future development of this property with 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 June 9, 2005 (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 northern boundary. Municipal sewer and water will be available to serve this site upon development of the adjacent property. www.cityofpriorlake.com 1:\05 files\05 annexations\schuman\annexationt'H8h1r~52.447.4230 / Fax 952.447.4245 Page 1 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. 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 is question was not scheduled for annexation until 2014, 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 2005, is $352.91. 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 north develops. CONCLUSION: 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. FISCAL IMPACT: Budflet Impact: Approval of the annexation will allow the development of the property within the City limits, which will increase the City tax base. ALTERNATIVES: 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. RECOMMENDED MOTION: 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 [ce of BoundaIy Adjustment for their 30-day review and comment period. 1:\05 files\05 annexations\schuman\annexation cc rpt.doc Page 2 LOCATION MAP SCHUMAN ANNEXATION PROPERTY N + 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 Schuman 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: I 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 \schuman property.doc Page 1 Mayor Motion by: Second by: YES NO Hauaen Hauaen LeMair LeMair Petersen Petersen Zieska Zieska Flemina Flemina 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.!l!:...- day of '- J..; i'l L , 20 oS Motion by: Second by: Henschel Borka YES NO Berens absent Henschel X Borka X This ins ment was drafted by: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 c:\documents and settings\bonnie jo mueller\my documentsltownship info~oint resolution for annexation \schuman property.doc Page 2 EXHIBIT A LEGAL DESCRIPTION OF AREA TO BE ANNEXED Schuman Property Tract 1 The west 355.00 feet of the east 1575.00 feet, as measured along the south line thereof, of the South One-Half of the Southeast Quarter of Section 6, Township 114, Range 22, Scott County, Minnesota; EXCEPT the south 443.00 feet of the west 295.00 feet, and subject to easement for road over south 33.00 feet. and Tract 2 The south 443.00 feet of the west 295.00 feet of the east 1575.00 feet, as measured along the south and west lines thereof, of the South One-Half of the Southeast Quarter of Section 6, Township 114, Range 22, Scott County, Minnesota, subject to easement for road over south 33.00 feet. c:\documenls and sellings\bonnie jo muellerlmy documentsltownship info~oinl resolution for annexalion\schuman property. doc Page 3 ~_._..-"-----_.~.,._-~-_..'t._-~_._--...~~-_.~._~._.~~-------,--_.,,_.."_.,'-_.'-~'---' '.', -