HomeMy WebLinkAbout01/25/2000 TENTATIVE AGENDA
CITY OF SHAKOPEE
ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 25, 2000
LOCATION: 129 Holmes Street South
Mayor Jon Brekke presiding
1] Roll Call at 5:00 p.m.
2] Pledge of Allegiance
3] Approval of Agenda
4] Worksession to Discuss - Orderly Annexation Agreement with Jackson Township
5] Other Business
6] Adjourn
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Orderly Annexation Agreement with Jackson Township
MEETING DATE: January 25, 2000,Workshop
INTRODUCTION:
Council is meeting to discuss the upcoming joint meeting with the Jackson Township
Board on the proposed orderly annexation agreement. The following information
accompanies this memorandum for the Council's information"
• A copy of the Jackson Township land use plan,
• A copy of the draft resolution prepared by the Jackson Township board,
• An article regarding boundary adjustments from the January-February 2000 issue
of Minnesota Cities.
Staff has previously identified the following as issues that, at a minimum, require further
discussion and negotiation with the Jackson Township Board;
• Whether City or Township zoning will control after annexation occurs;
• What payments will be made to the Township after annexation;
• What areas of the Township will be covered by the resolution
• What the duration of the agreement will be;
• In the event that the City and Township are unable to reach agreement on an
annexation, how an alternative process(as outlined in the attached article)would
apply.
STAFF RECOMMENDATION:
Based on previous direction received from the City Council, staff recommends that the
Council consider proposing the following changes to the draft resolution prepared by and
for the Jackson Township Board.
• That paragraph 5 at page 2 of the draft resolution be revised to provide that
following annexation,the annexed properties be subject to City, rather than
Township, zoning.
• That paragraph 6.A. be amended to provide payments to the Township Board for
a period less than the proffered 5 years.
• That paragraph 7 at page 2 be revised so that the entire Township be within the
described area subject to the agreement.
• That the Council provide direction regarding paragraph 11 at page 4 regarding the
duration of the agreement.
• That paragraph 2 at page 1 be revised to reflect the changes in jurisdiction for
resolution of annexation issues.
ACTION REQUESTED:
Council is asked to come to consensus on the changes to the draft orderly annexation
agreement that it wishes to propose to and discuss with the Jackson Township Board at
the February 8th workshop.
CITY OF SHAKOPEE
TOWN OF JACKSON
A Joint Resolution as to Orderly Annexation
WHEREAS, the City of Shakopee and Town of Jackson, Scott
County, Minnesota, are in agreement as to the orderly annexation of
certain lands described herein for the purpose of orderly planned
growth; and
WHEREAS, such annexation and growth is of benefit to the City
of Shakopee and Town of Jackson; and
WHEREAS, the parties hereto desire to set forth such terms of
orderly annexation by means of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the City of Shakopee and
Town of Jackson as follows:
1. The following described area in the Town of Jackson is
property subject to orderly annexation under and pursuant to
Minnesota Statute 414.0325, Subdivision 1 and the parties
hereto do hereby designate this area as in need of orderly
annexation as provided by Statute: Sections 13 and 14,
Township 115, Range 23 .
2. Minnesota Municipal Board Jurisdiction. Upon approval by the
Town Board and the City Council, this Joint Resolution shall
confer jurisdiction upon the Minnesota Municipal Board
(hereinafter referred to as the "Municipal Board") so as to
accomplish said orderly annexations in accordance with the
terms of this Joint Resolution. Upon termination of the MN
Municipal Board on December 31, 1999 jurisdiction shall be
conferred upon the Office of Strategic and Long-Range Planning
according to Minnesota Statute Sec. 15.039.
3. No Alterations of Boundaries. The Town and City mutually agree
and state that no alterations by the Municipal Board of the
stated boundaries of the area designated for orderly
annexation is appropriate. Any alterations of boundaries may
only be made upon the joint agreement of the Town and City.
4. Review and Comment by the Municipal Board. The Town and City
mutually agree and state that this Joint Resolution and
Agreement sets forth all the conditions for annexation of the
areas designated and that no consideration by the Municipal
Board is necessary. The Board may review and comment, but
shall, within thirty (30) days, order the annexation in
accordance with the terms of this Joint Resolution and the
conditions stated herein.
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5. Planning and Land Use Control Authority. Prior to annexation,
the ordinances of the Town and County will control the
properties in the area designated for orderly annexation;
following annexation, the ordinances of the City shall
control.
•-
rcgiowinq annexation, the annexed properties-shall be su ble
to the TTownship-zoningwhen-annexed and" sthe"�C ty 'sh 11 serve
as1 h 'government body"
6. Municipal Reimbursement. The City and Town mutually agree and
state that, pursuant to Minnesota Statutes 414.036, a
reimbursement from the City to the Town shall occur for the
taxes collected on land annexed into the City, according to
the following conditions.
A. The City shall reimburse the Town by cash payments, based
on assessed value of the annexed property as of January
2, of the year the parcel is annexed, 100% of the taxes
collected on the land annexed into the City for the
following five years, commencing on the first year after
actual annexation; provided however, any increase in the
amount of taxes assessed after the first year shall be
retained by the City.
B. Cash payments to the township shall be payable to the
township 60 days from the date the semi-annual tax
settlement is received by the City.
C. At the sixth year and every year thereafter, all
pertinent tax revenues will be the property of the City.
7. Conditions for Orderly Annexation Under Minn. Statute 414.0325
Subd. 1
A. Property must be within the above described area. As a
condition precedent to annexation, authority from the
appropriate metropolitan governmental agencies to change
and adjust the "MUSA line" boundary to include the
property designated for annexation shall be obtained.
The property owner must petition the City of Shakopee and
the Town of Jackson simultaneously for annexation. Within
Sections 13 and 14 the following parcels of land have
teen identified as suitable for piecemeal annexation,
subject to the order of priority established by
Resolution of the Town Board. The Township reserves the
right to object to any petition for annexation of
individual parcels of land, which do not comply with the
order of priority established by township resolutions, or
which is anticipated to be contrary to the future
development and improvement of the Township or the
2
community. See attached Exhibit "A" for identified
parcels.
C. The property owner shall submit a development plan to the
City of Shakopee and to the Town of Jackson showing the
need for municipal water, and sanitary sewer or other
City services for the property petitioned for annexation
D. The development plan must be of sufficient detail to show
that it will meet the standards and requirements of the
City of Shakopee's planning and zoning ordinance and its
subdivision ordinance.
E. Municipal services, including but not limited to water,
sewer, storm water drainage, and streets shall be
approved and available for use within two (2) years from
the date of the annexation.
F. The property owner shall not submit future petitions for
annexation until all previous conditions in the
development plan have been complied with.
G. The City will require a development review process for
all developments in the area designated for orderly
annexation/urban transition which process shall include
a neighborhood meeting. Notices shall be posted and
mailed not less than ten days prior to the scheduled date
of the neighborhood meeting. The neighborhood meeting
shall be hosted by the developer to address questions and
concerns of neighbors. The Town Board and all owners of
property within a quarter mile of the subject property in
Jackson Town shall be invited to attend the meeting.
Mailing costs of notice of the meeting shall be paid by
the developer.
Thirty (30) days before final City approval of the
development plan, said plan shall be submitted to the
Town of Jackson for review. Conformity to the orderly
annexation plan and other concerns expressed by the
Township shall be addressed prior to formal approval of
the development plan by the City of Shakopee. Said
comments or concerns of the Town must be submitted to the
City of Shakopee no later than thirty (30) days after the
Town received the development plan. If the City receives
written approval of the development plan from the Town,
a joint petition for annexation shall be submitted to the
Municipal Board or appropriate agency. If the City does
not receive written comment on the development from the
Town of Jackson within this thirty (30) day period, the
City may, at its option, proceed with final approval of
the development plan.
3
No development plan shall be approved by the City under
this agreement without written summary of comments within
the thirty (30) day period as required above, or by
inaction of the Jackson Town Board. After this 30 day
period, formal annexation can be acted on by the City and
submitted to the Municipal Board or its successor agency
pursuant to Paragraph four (4) above.
8. Periodic Review. The City and Town mutually agree and state
that a periodic review of this agreement is to be conducted
beginning three (3) years after the effective date of this
agreement and every three (3) years thereafter.
9. Authorization. The appropriate officers of the City and Town
are hereby authorized to carry the terms of this Joint
Resolution into effect.
10. Severability and Repealer. A determination that a provision of
this Joint Resolution is unlawful or enforceable shall not
affect the validity or enforceability of the other provisions
herein. Any prior agreement or joint resolution existing
between the parties and affecting the property described in
the attached Exhibit shall be considered repealed upon the
effective date of this Joint Resolution.
11. Effective Date. This Joint Resolution shall be effective upon
adoption by the governing bodies of the City and Town and
approved by the Municipal Board and said subsequent order
approving t ' semen . This agreement shall be in effect
until the year beginning 200 .
12. Mediation/Arbitration. If either the City or Town does not
approve the development plan for annexation or if other
disputes arise under this agreement, the City and Town agree
to enter into mediation to attempt to resolve this dispute.
Mediation services shall be provided by a state agency. The
City and Town may also agree to enter into binding arbitration
to resolve disputes under this agreement. Mediation and
Arbitration shall be conducted in accordance with Minnesota
Statute Chapter 572A.
13. Amendment and Termination. Both parties reserve the right to
initiate an amendment or revision to the agreement at any
time. Both parties reserve the right to terminate this
agreement upon sixty (60) days written notice to the other
party.
14. The property subject to this Annexation Resolution is the land
contained in and attached as Exhibit "A". The area of
Annexation shall be confined to a Quarter Section of land in
any single Petition and being contiguous to the previous City
boundary line previously established along with the
4
availability of sewer and water.
15. All property owners in annexed area shall have ten (10) years
to pay special assessments for improvements made and all
property owners shall have three (3) years to connect to City
services.
Approved this day of , 1999 by the Town
Board of the Town of Jackson.
Chair
Clerk
Approved this day of , 1999 by the City Council
of the City of Shakopee.
Mayor
Clerk/Administrator
5
EXHIBIT "A"
1. NE 1/413-115-23
2. E h of NW ; 13-115-23
3. W h of NW i 13-115-23
4. Fox Meadow Estates
5. Everything South of 128th Street and E of Marystown
Road.
6. NW i of SW i 13-115-23
7. South View Heights
8. Glenn Ellyn Parks North of 128th St.
9. NW i 14-115-23
10. NE i 14-115-23
11. SW i 14-115-23
12. SE i 14-115-23
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DID YOU K NOW ?
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Municipal BoundaryAdjustments
By Susan Naughton
he sunset of the Minnesota s' 11� least three times over a 60-day
Municipal Board was effective \is. .. !!; period. At least one of the meetings
.... -
on June 1, 1999, and its duties \� li24;;;�°i4" ° should be open to the public and
were transferred to the Office should allow public comment. In
of Strategic and Long Range alternative dispute resolution process addition, a contested boundary ad-
Planning (MN Planning). The for handling contested boundary ad- justment will trigger the preparation
transfer of existing duties and justments. However, there may be of a fact-finding report by MN
the creation of a new alternative occasions when the director determines Planning.
boundary adjustment process that may that another alternative dispute resolu- • Step 3: Mediation. If efforts to resolve
be applied to contested boundary tion process may be more appropriate. boundary issues fail, and the issues
adjustments, including annexations, The alternative process applies to an- have not previously been mediated,
detachments and concurrent detach- nexations, detachments, and concurrent parties may be required to jointly
ments and annexations, have raised detachments and annexations. It does select one of three options for media-
recurring questions from cities. not apply to consolidations, incorpora- tion within 10 days of the conclusion
What's the same? The transfer of tions, annexation by ordinance, orderly of the 60-day meeting process. Par-
duties did not change the substantive annexation, and the dispute resolution ties may be required to: use the
provisions of the laws relating to mu- process contained at chapter 572A of mediation services of the Office of
nicipal boundary adjustments found at the Minnesota Statutes. Dispute Resolution;jointly agree on
chapter 414 of the Minnesota Statutes. How does the alternative process the selection of a mediator; or, use
Cities should consider references to work? Following is a summary of the the mediation services of the Office
the Municipal Board found within the major steps in the alternative process. of Administrative Hearings. The
laws to be references to MN Planning. Interested cities should review a corn- mediation period lasts 60 days unless
For example, if a law requires a city plete copy of the alternative process. extended. The extended period
to provide certain information to the • Step 1: Pre-petition meetings. Before should not exceed 120 days.
Municipal Board, the city should pro- initiating a boundary adjustment • Step 4: Arbitration. If mediation fails,
vide the information to MN Planning. request, the affected parties should the director may notify the parties
What's new? Legislation passed in meet to discuss planning issues. Any within seven days of the conclusion
1999 provides that the director of MN affected party may call a meeting at of the mediation process that a single
Planning may require alternative dis- which the public should be allowed arbitrator should be selected within
pute resolution processes to address to participate. The party requesting 30 days. The notice will contain in-
contested boundary adjustments. The the boundary adjustment should formation on selection of an arbitrator.
alternative dispute resolution processes notify the director of the outcome Where can cities get a copy of the
provide an option, in addition to the of any meetings. These meetings alternative process? MN Planning will
existing provisions of chapter 414, are optional, but are strongly make a copy of the alternative process
which can be used to address contested encouraged. available upon request, and it will soon
boundary adjustments. MN Planning • Step 2: Petition for annexation. All be available at www.mnplan.state.
hosted several meetings that included petitions for boundary adjustments mn.us. In addition, cities can contact
representatives from city, township, should include a fact-finding form the League of Minnesota Cities to
and county associations, the Office and report detailing the results of step obtain a copy. +t
of Dispute Resolution, the Office of 1. If the boundary adjustment is un-
Administrative Hearings, and the contested or does not require a Susan Naughton is research attorney with
Legislature to cooperatively develop hearing, the director will process the the League of Minnesota Cities. All ques-
an alternative boundary adjustment petition. If the boundary adjustment tions concerning municipal boundary adjust-
process. is uncontested but requires a hearing, ments should be directed to Christine
When does the alternative process the director or a designee will con- Scotillo, Executive Director, Municipal
apply? The alternative process may be duct the hearing. If the boundary Boundary Adjustments, 300 Centennial
required whenever determined appro- adjustment is contested, the director Office Building, 658 Cedar Street; St. Paul,
priate by the director. It is the preferred may require the parties to meet at MN 55155. Telephone: (651) 284-3383.
JANUARY-FEBRUARY 2000 MINNESOTA CITIES 19
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This drawing is neither a legally sreone. d map nor a surveyteZONING M A P
and is not intended to be used as one. This map is intended
as a reference guide only. The actual zoning classification N
of any particular parcel of land may vary from what is shown
above. The Scott County Planning Office should be considered
for definitive information regarding zoning classifications. Legend egend
A-1,40 acre density ' 0 I-1, Industrial
1 11111 A-2, 10 acre density R-1, Residential (2.5 acre density)
A-2 to R-1 itiat R-2, Residential (existing small lots)
1111 B-2, Business `‘/ Future Road Corridors
Park Land
Township of
JACKSON Prepared d by
Scott County Public Works
n:tavdata\n markettzon ing.apr
final 2-11-99
Minnesota County, revised,1-9-99