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HomeMy WebLinkAbout7B Whitmore-Spring Lake Township Annexation Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: AUGUST 20, 2018 AGENDA #: 7B PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR PRESENTED BY: CASEY MCCABE AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE ANNEXING APPROXIMATELY 0.73 ACRES OF PROPERTY LOCATED AT 3110 MAPLE DRIVE IN SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.033, SUBD. 2 (3) AND A RESOLUTION ADOPTING THE SUMMARY OF ORDINANCE AND ORDERING THE PUBLICATION OF SAID SUMMARY DISCUSSION: Introduction The purpose of this agenda item is to consider approving an application to annex approximately 0.73 acres of land to the City of Prior Lake from Spring Lake Township. The subject property is located at 3110 Maple Drive, south of Hwy 13 and east of Fairlawn Avenue. History Timothy Whitmore has petitioned the City of Prior Lake to annex approximately 0.73 acres of land pursuant to Minnesota Statutes 414.033, Subd. 2 (3). The property is in immediate need of City utility services due to septic system issues. Current Circumstances Under Minnesota Statutes 414.033, Subdivision 2 (3), a municipal council may by ordinance declare land annexed to the municipality if : 1) the land abuts the municipality; 2) the area to be annexed is 120 acres or less, 3) the area to be annexed is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available, and 4) the municipality receives a petition for annexation from all the property owners of the land. Except as provided for by an orderly annexation agreement, (this parcel is not included in the orderly annexation agreement with Spring Lake Township) this clause may not be used to annex any property contiguous to any property previously annexed under this clause within the preceding 12 months if the property is owned by the same owners and annexation would cumulatively exceed 120 acres. The method of annexation by ordinance does not require approval of the township or Chief Administrative Law Judge but does require a public hearing by the City Council. City staff has provided 30-days written notice by certified mail to the Spring Lake Township Board and to all owners of land adjacent to the property in question. During the application review, city staff identified a few potential issues to be addressed prior to making a recommendation to the City Council. The primary issues related to the payment of utility installation costs and future assessments. ISSUES: The City Attorney has prepared the attached Agreement for Annexation of the Whitmore Property in Spring Lake Township to address the city staff comments. The agreement states; 1) the property owner shall extend city sewer and water services to the property and is responsible for all work and costs related to the extension; 2) the owner shall submit plans for the City Engineer for review and approval prior to performing any work; 3) the owner shall obtain all necessary approvals and permits and shall be responsible for all costs related to permits; and 4) the owner provide the City with a cash escrow in the amount of $10,000 to ensure the work and street restoration are completed to the City’s satisfaction. The City of Prior Lake has no plans to annex the other residential properties along Maple Drive currently. However, the agreement states at some point in the future, the City may annex the remaining properties on Maple Drive, likely upon request of the property owners, and extend sewer and water services to these properties. If the city were to assess the Maple Drive properties to finance a future project, the agreement states the property owner agrees, as do successors and assigns and any future owners of the property, that this property will be assessed in the same manner as the other Maple Drive properties, regardless of any work completed related to this agreement. The issue at hand here is one of public health. The Whitmore’s have no option but to pump their septic system as no replacement septic system would be allowed nor is there any other public entity which could extend public utilities to this property. It is staff’s recommendation the City Council approve the annexation of this parcel conditioned upon the property owner entering into the Agreement for Annexation with the City of Prior Lake. It is staff’s intent to have the property owner execute the agreement prior to the meeting at which the council will consider annexation. Conclusion The property meets the criteria for annexation under Minnesota Statutes Section 414.033, Subdivision 2 (3). The land abuts the City of Prior Lake, the area to be annexed is less than 120 acres, the area to be annexed is not presently served by public wastewater facilities and public wastewater facilities are not otherwise available, and the City of Prior Lake received a petition for annexation from the owner of 100% of the property. The City of Prior Lake can extend utilities to address septic system issues at this property. The City has no plans to annex the other residential properties along Maple Drive currently. Any potential future annexation of additional parcels along Maple Drive would likely be considered upon the request of the property owners. FINANCIAL 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: Subd. 12.Property taxes. 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 addition, pursuant to Minnesota Statutes § 414.036, staff is proposing that with respect to the property taxes payable on the subject property, the City of Prior Lake shall pay Spring Lake Township two times the amount of taxes that the township levied against the subject property in 2018, which totals $696.76. Both measures are intended to mitigate any financial impacts that this annexation could have on the township. ALTERNATIVES: 1. Motion and second approving an ordinance annexing the property, subject to the property owner executing the Agreement for Annexation of Whitmore Property in Spring Lake Township. 2. Motion and second authorizing the Mayor and City Manager to enter into the Agreement for Annexation of Whitmore Property in Spring Lake Township and approving a resolution adopting the summary of ordinance and ordering the publication of said summary. 3. Motion and second to deny the ordinance annexing the property. 4. Motion and a second to table action and provide further direction to city staff. RECOMMENDED MOTION: ATTACHMENTS: Staff Recommends Alternatives Number 1 and 2. 1. Location Map 2. Agreement for Annexation 3. Minnesota Statutes 414.033 1 CITY OF PRIOR LAKE ORDINANCE NO. 118-____ AN ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA ANNEXING LAND LOCATED IN SPRING LAKE TOWNSHIP, SCOTT COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES § 414.033 SUBDIVISION 2(3), PERMITTING ANNEXATION BY ORDINANCE WHEREAS, a petition signed by the sole property owner, requesting that property legally described herein be annexed to the City of Prior Lake, Minnesota, was duly presented to the Council of the City of Prior Lake on the 20th day of August 2018; and WHEREAS, said property is unincorporated and abuts the City of Prior Lake on its southern boundary; is less than 120 acres; is not presently served by public sewer facilities or public sewer facilities are not otherwise available; and WHEREAS, said property is not located within a flood plain or shoreland area; and WHEREAS, said property is currently residential and annexation is requested to facilitate the extension of city services to address an immediate need due to septic system issues on the property; and WHEREAS, the City of Prior Lake held a public hearing pursuant to Minnesota Statutes § 414.033 Subd. 2b, on August 20, 2018, following thirty (30) days written notice by certified mail to the Town of Spring Lake (‘Town’) and to all landowners within and contiguous to the area legally described (herein or attached exhibit), to be annexed; and WHEREAS, provisions of Minnesota Statutes § 414.033 Subd. 13 are not applicable in that there will be no change in the electric utility service provider resulting from the annexation of the territory to the municipality. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE HEREBY ORDAINS AS FOLLOWS: 1. The City Council hereby determines that the property as hereinafter described abuts the city limits and is or is about to become urban or suburban in nature in that the property is in immediate need of City utility services due to septic system issues on the property. 2. None of the property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minnesota Statute § 414.0325. 3. The corporate limits of the City of Prior Lake, Minnesota, are hereby extended to include the following described property, said land abutting the City of Prior Lake and being 120 acres or less in area, and is not presently served by public sewer facilities or public sewer facilities are 4646 Dakota Street SE Prior Lake, MN 55372 2 not otherwise available, and the City having received a petition for annexation from all the property owners of the land, to wit: Lots 2 and 3, Block 1, Maple Knoll Second Addition, Scott County, Minnesota. (PID 110380021) The above described property consists of a total of 0.73 acres, more or less. Copies of the corporate boundary map showing the property to be annexed and its relationship to the corporate boundaries and all appropriate plat maps are attached as Exhibit A. 4. The City of Prior Lake, pursuant to Minnesota Statutes § 414.036, that with respect to the property taxes payable on the area legally described herein, hereby annexed, shall pay to the Town of Spring Lake as follows: a. Two times the amount in taxes that the Township levied against the property in 2018, the year of annexation. b. The City shall remit payment in two equal payments, the first payment is due by December 15th in the year the property is annexed, and the second payment is due by December 15th in the year following annexation. c. Property ID 110380021 had Town taxes of $348.38 payable in 2018; two times that amount equals $696.76, to be paid in two equal payments of $348.38 each. 5. That pursuant to Minnesota Statutes § 414.036 with respect to any special assessments assigned by the Town to the annexed property and any portion of debt incurred by the Town prior to the annexation and attributable to the property to be annexed, but for which no special assessments are outstanding, for the area legally described herein there are no special assessments or debt incurred by the Town of Spring Lake on the subject for which reimbursement is required. 6. Following the property owner entering into the Agreement for Annexation of Whitmore Property Spring Lake Township, the City Manager of the City of Prior Lake is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, the Minnesota Secret ary of State, the Scott County Auditor, and the Spring Lake Township Clerk. 7. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings. Passed and adopted by the Prior Lake City Council this 20th day of August 2018. ATTEST: City Manager Mayor A summary of this ordinance was published in the Prior Lake American on the 25th day of August 2018. 3 EXHIBIT A 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 118-_____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, In accordance with Minnesota Statute, the City Council held a public hearing regarding the petition from all property owners, requesting that PID 110380021, totaling approximately 0.73 acres in Spring Lake Township be annexed to the City of Prior Lake on August 20, 2018; and WHEREAS, The City Council has considered the petition and city staff reports pertaining to the annexation; and WHEREAS, On August 20, 2018, the City Council adopted Ordinance 118-____ annexing approximately 0.73 acres of land on the southern boundary of the City of Prior Lake to facilitate the extension of city services to address an immediate need due to septic system issues on the property; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds that the summary is an accurate representation of the Ordinance; and The City Council desires to publish a summary of the ordinance annexing PID 110380021, totaling approximately 0.73 acres in Spring Lake Township, and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 118-____ is lengthy. 3. The text of summary of Ordinance No. 118-____, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake website after August 20, 2018. 2 Passed and adopted by the Prior Lake City Council this 20th day of August 2018 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 3 Exhibit A SUMMARY ORDINANCE NO. 118-___ AN ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA ANNEXING LAND LOCATED IN SPRING LAKE TOWNSHIP, SCOTT COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES § 414.033 SUBDIVISION 2(3), PERMITTING ANNEXATION BY ORDINANCE The following is only a summary of Ordinance No. 118-____. The full text will available for public inspection after August 20, 2018 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The corporate limits of the City of Prior Lake, Minnesota, are hereby extended to include the following described property, said land abutting the City of Prior Lake and being 120 acres or less in area, and is not presently served by public sewer facilities or public sewer facilities are not otherwise available, and the City having received a petition for annexation from all the property owners of the land, to wit: Lots 2 and 3, Block 1, Maple Knoll Second Addition, Scott County, Minnesota. (PID 110380021) This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 20th day of August 2018. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Summary Ordinance to be published in the Prior Lake American on the 25st day of August 2018. Location Map 3110 Maple Drive SUBJECT PROPERTY 1 AGREEMENT FOR ANNEXATION OF WHITMORE PROPERTY SPRING LAKE TOWNSHIP THIS AGREEMENT (“Agreement”) is entered into by and between Timothy E. Whitmore, a single person (“Owner”) and the City of Prior Lake, a Minnesota municipal corporation (“City”). RECITALS: WHEREAS, Owner is the fee owner of property in Spring Lake Township located at 3110 Maple Drive, Prior Lake, MN 55372 and legally described as Lots 2 and 3, Block 1, Maple Knoll Second Addition (“Property”). WHEREAS, Owner has filed a petition with the City requesting that the City annex the Property pursuant to Minn. Stat. 414.033, Subd. 2 (3). WHEREAS, the Property is located in a small rural development that may be annexed into the City at some point in the future. WHEREAS, the Property is in immediate need of City utility services due to septic system issues on the Property. WHEREAS, the City is willing to annex the Property upon Owner’s compliance with certain conditions as set forth in this Agreement relating to the payment of costs and future assessments. WHEREAS, Owner agrees to comply with this Agreement and all conditions set forth herein. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein. 2 2. Utility Extension. a. Extension. After the annexation is final, Owner shall extend the City sewer and water services to the Property. Owner shall be responsible for all work related to the extension including but not limited to accessing and connecting to the existing water and sewer lines, extending the lines to the Property, connecting the lines to the Property and repair and restoration of all public and private property and infrastructure (“Work”). b. Plans. Prior to performing any Work, Owner shall submit to the City Engineer for review plans for the Work which shall be prepared and signed by a professional engineer licensed by the State of Minnesota. Upon receipt of complete plans, the City Engineer shall review the plans and within 14 days shall either approve the plans or provide the Owner with comments or revisions. Owner may resubmit the plans as many times as necessary to obtain the City Engineer’s approval but shall not commence any Work until such approval has been granted. c. Permits. Prior to performing any Work, Owner shall obtain all necessary approvals, permits and licenses from the City, and any other regulatory agencies and the utility companies. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Owner to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Owner. d. Costs. The Owner shall pay all costs and expenses related to the Work as well as any costs incurred by the City as a result of the Work (“Costs”). In order to ensure compliance with this section, in conjunction with the execution of this Agreement, Owner shall provide City with a deposit or cash escrow in the amount of Ten Thousand and 00/100 Dollars ($10,000.00) to cover the Costs. Upon completion of the Work to the City’s satisfaction, City shall refund to Owner any amount not used by City for the Costs. If the deposit or cash escrow is not sufficient to cover the Costs, the City shall invoice Owner and Owner shall pay the invoice within thirty days of receipt. 3. Future Utility Extension/Street Repair. At some point in the future the City may annex the remaining properties on Maple Drive located at 3010 through 3177 Maple Drive (“Maple Drive Properties”), extend sewer and water to them, and reconstruct Maple Drive (“Project”). The City will likely special assess the Maple Drive Properties to finance the Project. Owner hereby agrees, for Owner, Owner’s successors and assigns, and any future owners of the Property (collectively “Interested Parties”), that the Property will be assessed in the same manner as the other Maple Drive Properties, regardless of any work completed or costs paid in relation to the current extension of sewer and water to the Property. Owner, for Owner and the Interested Parties, agrees to waive objection to any irregularity with regard to the assessment, any claim that the amount thereof levied against the Property is excessive and all rights they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments. This 3 waiver applies only to the initial extension of sewer and water to the Maple Drive Properties and the first road reconstruction by the City. 4. Development and Use of Property. Owner acknowledges that the Property is zoned for single family residential use and that this is the appropriate use for the Property. Neither the City nor Owner intend to rezone the Property for any use other than single family residential use. 5. Annexation. Upon Owner’s execution of this Agreement and the recording of the Agreement with the Scott County Recorder’s Office, City shall file an ordinance annexing the Property with the Chief Administrative Law Judge. 6. Indemnification and Hold Harmless. The Owner shall indemnify, defend and hold the City, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to the annexation of the Property or this Agreement. The responsibility to indemnify and hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its Council, agents, employees, and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. 7. Binding Effect. This Agreement shall run with the Property and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 8. Severability. In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 9. Waiver. Failure of either party at any time to require performance of any provision of this Agreement shall not affect its right to require full performance thereof at any time thereafter and the waiver by either party of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision. 10. Reimbursement of Fees and Costs. Any fees or costs incurred by the City associated with enforcing any of the terms and conditions set forth in this Agreement, including but not limited to City staff, engineering and attorney’s fees, shall be the sole responsibility of the Owner. The Owner agrees that if Owner fails to pay any invoiced amount within 30 days of receipt thereof, the City may assess the invoiced amount against the Property. 4 11. Governing Law. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations and performance obligations between the parties. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located within Scott County, Minnesota. Litigation, however, in the federal courts involving parties herein shall be in the appropriate federal court within the State of Minnesota. 12. Entire Agreement. This Agreement constitutes the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Owner. Any subsequent modification must be in writing signed by both parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. TIMOTHY E. WHITMORE _______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2018 by Timothy E. Whitmore, a single person. __________________________________ Notary Public 5 CITY OF PRIOR LAKE _______________________________ Kirt Briggs, Mayor ________________________________ Frank Boyles, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2018 by Kirt Briggs, Mayor and Frank Boyles, City Manager of the City of Prior Lake, a Minnesota municipal corporation on behalf of the corporation. ________________________________ Notary Public This Instrument Drafted By: Hoff Barry, P.A. 775 Prairie Center Drive, Suite 160 Eden Prairie, MN 55344 414.033 ANNEXATION BY ORDINANCE. Subdivision 1.Unincorporated property.Unincorporated property abutting a municipality may be annexed to the municipality by ordinance as provided for in this section. Subd. 2.Conditions.A municipal council may by ordinance declare land annexed to the municipality and any such land is deemed to be urban or suburban in character or about to become so if: (1) the land is owned by the municipality; (2) the land is completely surrounded by land within the municipal limits; (3) the land abuts the municipality and the area to be annexed is 120 acres or less, and the area to be annexedisnotpresentlyservedbypublicwastewaterfacilitiesorpublicwastewaterfacilitiesarenototherwise available, and the municipality receives a petition for annexation from all the property owners of the land. Exceptasprovidedforbyanorderlyannexationagreement,thisclausemaynotbeusedtoannexanyproperty contiguous to any property either simultaneously proposed to be or previously annexed under this clause within the preceding 12 months if the property is or has been owned at any point during that period by the same owners and annexation would cumulatively exceed 120 acres; or (4) the land has been approved after August 1, 1995, by a preliminary plat or final plat for subdivision to provide residential lots that average 21,780 square feet or less in area and the land is located within two miles of the municipal limits. Subd. 2a. [Repealed, 1997 c 202 art 5 s 9] Subd. 2b.Notice, hearing required.Before a municipality may adopt an ordinance under subdivision 2, clause (2), (3), or (4), a municipality must hold a public hearing and give 30 days' written notice by certified mail to the town or towns affected by the proposed ordinance and to all landowners within and contiguous to the area to be annexed. Subd. 3.60 percent bordered and 40 acres or less.If the perimeter of the area to be annexed by a municipality is 60 percent or more bordered by the municipality and if the area to be annexed is 40 acres or less, the municipality shall serve notice of intent to annex upon the town board and the chief administrative law judge, unless the area is appropriate for annexation by ordinance under subdivision 2, clause (3). The town board shall have 90 days from the date of service to serve objections with the chief administrative law judge.Ifnoobjectionsareforthcomingwithinthesaid90-dayperiod,suchlandmaybeannexedbyordinance. Ifobjectionsarefiledwiththechiefadministrativelawjudge,thechiefadministrativelawjudgeshallconduct hearings and issue an order as in the case of annexations under section 414.031, subdivisions 3 and 4. Subd. 4. [Repealed, 1978 c 705 s 33] Subd. 5.Petition by property owners; objections; procedure.If the land is platted, or, if unplatted, does not exceed 200 acres, a majority of the property owners in number may petition the municipal council to have such land included within the abutting municipality and, within ten days thereafter, shall file copies of the petition with the chief administrative law judge, the town board, the county board and the municipal council of any other municipality which borders the land to be annexed. Within 90 days from the date of service,thetownboardorthemunicipalcouncilofsuchabuttingmunicipalitymaysubmitwrittenobjections to the annexation to the chief administrative law judge and the annexing municipality. Upon receipt of such objections,thechiefadministrativelawjudgeshallproceedtoholdahearingandissueanorderinaccordance with section 414.031, subdivisions 3 and 4. If written objections are not submitted within the time specified in this section and if the municipal council determines that property proposed for the annexation is now or Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 414.033MINNESOTA STATUTES 20171 is about to become urban or suburban in character, it may by ordinance declare such land annexed to the municipality. If the petition is not signed by all the property owners of the land proposed to be annexed, the ordinance shall not be enacted until the municipal council has held a hearing on the proposed annexation after at least 30 days' mailed notice to all property owners within the area to be annexed. Subd. 6.If pending proceeding; waivers from parties.Whenever a proceeding for annexation is initiated under this section and all or any part of the land is included in another boundary adjustment proceeding pending before the chief administrative law judge, no action thereon shall be taken by the municipality, unless otherwise provided by an order of the chief administrative law judge, until final disposition has been made of the pending petition. Under this section, the chief administrative law judge will accept a waiver from all parties having a right to object, stating they have no objections to the proposed annexation and waiving the 90-day period before an annexation ordinance may be adopted. Subd. 7.Filing;effectivedate;copytoauditors.Anyannexationordinanceprovidedforinthissection must be filed with the chief administrative law judge, the township, the county auditor and the secretary of state and is final on the date the ordinance is approved by the chief administrative law judge. A copy of the annexation ordinance must be delivered immediately by the governing body of the municipality to the appropriate county auditors. Subd. 8. [Repealed, 1980 c 487 s 23] Subd. 9. [Repealed, 1997 c 87 s 4] Subd. 10.Chiefadministrativelawjudgemayrequireadditionalinformation.Thechiefadministrative lawjudgemayrequirethecityorpropertyownerstofurnishadditionalinformationconcerninganannexation byordinancetoinformthechiefadministrativelawjudgeabouttheextenttowhichtheproposedannexation conforms to the statutory criteria set forth in sections 414.01, subdivision 1, and 414.031, subdivision 4. Subd. 11.When annexed land is in floodplain or shoreland area.When a municipality declares land annexed to the municipality under subdivision 2, clause (3), and the land is within a designated floodplain, as provided by section 103F.111, subdivision 4, or a shoreland area, as provided by section 103F.205, subdivision 4, the municipality shall adopt or amend its land use controls to conform to chapter 103F, and any new development of the annexed land shall be subject to chapter 103F. Subd. 12.Property taxes.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 theyearinwhichtheannexationbecomeseffective.IftheannexationbecomeseffectiveonorbeforeAugust 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. Subd. 13.Electricutilityservicenotice;costimpact.Atleast30daysbeforeamunicipalitymayadopt an ordinance under subdivision 2, clause (2), (3), or (4), the petitioner must be notified by the municipality that the cost of electric utility service to the petitioner may change if the land is annexed to the municipality. The notice must include an estimate of the cost impact of any change in electric utility services, including rate changes and assessments, resulting from the annexation. History:1969 c 1146 s 12; 1975 c 271 s 6; 1978 c 705 s 15-21; 1979 c 50 s 52; 1985 c 30 s 2,3; 1991 c 291 art 12 s 24; 1992 c 556 s 5-8; 1994 c 511 s 4-8; 1996 c 303 s 13,14; 1997 c 31 art 3 s 14,15; 1997 c 202 art 5 s 3-5; 2002 c 223 s 8-12; 2006 c 270 art 2 s 8,9,13; 2007 c 90 s 2,3,5; 2008 c 196 art 2 s 15; 2008 c 277 art 1 s 98; 2014 c 220 s 3 Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2MINNESOTA STATUTES 2017414.033