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HomeMy WebLinkAbout118-15 Spring Lake Township Whitmore Annexation1 CITY OF PRIOR LAKE ORDINANCE NO. 118-15 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 SUMMARY ORDINANCE NO. 118-15 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. 118-15. 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. 84-0331-35508 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS In the Matter of the Annexation of Certain Real Property to the City of Prior Lake from Spring Lake Township (MBAU Docket A-8164) ORDER APPROVING ANNEXATION ORDINANCE On August 20, 2018, the City of Prior Lake (City) adopted Ordinance Number 118-15 (Ordinance) annexing certain real property (Property) from Spring Lake Township (Township) legally described as follows: Lots 2 and 3, Block 1, Maple Knoll Second Addition, Scott County, Minnesota. Based upon a review of the Ordinance, the Chief Administrative Law Judge makes the following: ORDER 1. Pursuant to Minn. Stat. § 414.033 (2018), the Ordinance is deemed adequate in all legal respects and properly supports this Order. 2. Pursuant to the terms of the Ordinance and this Order, the Property is ANNEXED to the City. 3. Pursuant to Minn. Stat. § 414.036 (2018), the City will reimburse the Township as stated in the Ordinance. 4. The City must file a copy of the Annexation Ordinance with the Township, the appropriate county auditor(s), and the Secretary of State as required by Minn. Stat. § 414.033, subd. 7. Dated: September 5, 2018 ____________________________________ TAMMY L. PUST Chief Administrative Law Judge 2 NOTICE This Order is the final administrative order in this case under Minn. Stat. §§ 414.033, .07, .09, .12 (2018). Pursuant to Minn. Stat. § 414.07, subd. 2, any person aggrieved by this Order may appeal to Scott County District Court by filing an Application for Review with the Court Administrator within 30 days of this Order. An appeal does not stay the effect of this Order. Any party may submit a written request for an amendment of this Order within seven days from the date of the mailing of the Order pursuant to Minn. R. 6000.3100 (2017). However, no request for amendment shall extend the time of appeal from this Order. SUMMARY ORDINANCE NO. 11845 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 Affidavit of Publication summary of Ordinance No. 118- 15. The full text will available for publ20, 2018b inspectionypersondu during lar Southwest Newspapers 2018 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. State of Minnesota ) SUMMARY: The corporate ) limits of the City of Prior Lake, SS , Minnesota, are hereby extended to include the following described County of Scott 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 Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent ;facilities or public sewer facilities of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior are not otherwise available , Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: and the City having received a petition for annexation from all (A) These newspapers have complied with the requirements constituting qualification as a legal the property owners of the land, newspaper, as provided b Minnesota Statute 331A.02 331A.07, and other applicable laws, as to wit: amended. . p y � pp Lots 2 and 3 , ' Block 1 , Maple Knoll Second Addition, Scott County, Minnesota . (PID (B) The printed public notice that is attached to this Affidavit and identified as No. 110380021) was published on the date or dates and in the newspaper stated in the attached Notice and said This ordinance shall become Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of effective from and after its the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both passage and publication, inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Passed by the City Council of and publication of the Notice: the City of Prior Lake this 20"' day of August 2018. abcdefghijklmno7ByPM;t ATTEST: Frank Boyles, City Manager Kirt Briggs, Mayor (Published in the Prior Lake American on Saturday, August Laurie A. Hartmann 25. 2018; No. 7269) Subscribed and sworn before me on this day o , 2018 JYMME JEANNETTE BARK a1 NOTARY PUBLIC MINNESOTA N ublic :ah.;? ; ' MY COMMISSION EXPIRES 0 1J31J23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space. . . . $31 .20 per column inch Maximum rate allowed by law for the abovematter.. . . .... .... . ... . . .. .. . . . . . . . . .. . $31 .20 per column inch Rate actually charged for the abovematter... . .. .. .... .. . . .... . . . .. ... ....... . ... .. .... . $ 12.97 per column inch