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HomeMy WebLinkAboutApril 23, 2002 ADJ. REGULAR. SESSION TENTATIVE AGENDA CITY OF SHAKOPEE SHAKOPEE, MINNESOTA LOCATION: 129 Holmes Street South Mayor William P. Mars presiding 1] Roll Call at 4:30 p.m. 2] Approval of Agenda 3] Ordinance No. 623, Establishing New Precinct Boundaries 4] Award of Contract for Construction of New Library 5] Draft Orderly Annexation Agreement 6] Other Business APRIL 23, 2002 7] Adjourn at 5:30 p.m. to Tuesday, April 30, 2002, at 4:30 p.m. .� ► e V.11 I kyj WIT-l" 210 1. LOCATION: 129 Holmes Street South Mayor William P. Mars presiding _ 1] Roll Call at 4:30 p.m. 2] Approval of Agenda 3] Ordinance No. 623, Establishing New Precinct Boundaries 4] Award of Contract for Construction of New Library 5] Draft Orderly Annexation Agreement 6] Other Business 7] Adjourn at 5:30 p.m. to Tuesday, April 30, 2002, at 4:30 p.m. W11 Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Ordinance No. 623, Establishing New Precinct Boundaries DATE: April 18, 2002 INTRODUCTION: City Council is asked to adopt Ordinance No. 623, which establishes new precinct boundaries for the City of Shakopee. The ordinance must be adopted no later than April 30, 2002. BACKGROUND: At the regular meeting on April 16, 2002, City Council received information relating to the creation of new precinct boundaries for the City of Shakopee as well as two maps one depicting the old boundaries and the other depicting the proposed new boundaries. As a consent item, City Council directed staff and the City Attorney to prepare an ordinance for consideration by the Council that would establish precincts within the City of Shakopee as outlined on Exhibit `B ". In follow up to that direction, the attached Ordinance No. 623 is presented for Council's consideration. (Please bring the April 12, 2002 memo, Agenda Item 15.F.1., if discussion is desired.) RECOMMENDED ACTION: Offer Ordinance No. 623, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 2, Section 2.20 Precinct Boundaries, and move its adoption. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 — Section 2.20 of the City Code is amended to read as follows: ;! I. Subd. 1. First Precinct. The First Precinct shall be bounded on the south by Tenth Avenue; on the west and north by the corporate City limits; and on the east by a line runnin along Fuller Street to Levee Drive, thence east on Levee Drive to' State N i g h a- 169, County Road 101 thence north on u; 169 County Road 101 to the corporate City limits. Subd. 2. Second Precinct. The Second Precinct shall be bounded by a line on the south beginning at the intersection of 11th Avenue and Market Street, thence westerly along 11th Avenue to Spencer Street, thence north along Spencer Street (County Road 79) to 10th Avenue, thence westerly along 10th Avenue to Fuller Street, thence north along Fuller Street to Levee Drive, thence east on Levee Drive to State I=R way 1 69 County Road 101 thence north along I=RO . ay 16 County Road 101 to the corporate City limits, thence east along the northerly corporate limits of the City to the east corporate limits, thence south along said east corporate limits to the Minnesota River, thence easterly along the Minnesota River to where it intersects Market Street if extended north to the River, thence south along Market Street extended A caxc- sa—r- -A 9 c#00t to 1 i th -ve ue- to Bluff Avenue thence east along Bluff Avenue to Dakota Stree thence south along Dakota Street to 7 Avenue thence west along 7 Avenue to Market Street thence South along Market Street to 11 Avenue. Subd. 3. Third Precinct. The Third Precinct shall be bounded on the south by Vierling Drive; on the east by Marschall Road to the northerly terminus thereof and thence. continuing north along the bed of the meandering creek to the corporate City limits along the centerline of the Minnesota River; on the north by the City corporate limits; and on the west by a line running along Market Street A—n S# °`.tend°.- t^ t l th "°°""'° if z s v oxxav extended to the river, thence east along Bluff Avenue to Dakota Street, thence south alo Dakota Street to 7' Avenue, thence west along 7' Avenue, to Market S treet, thence south along Market street to 11th Avenue thence westerly along 11th Avenue to County Road 79, thence southerly along County Road 79 to Vierling Drive. Subd. 4. Fourth Precinct. The Fourth Precinct shall be bounded on the north And selkh b }, b Read 18 +11ORGG Air+h� OSLO l eng- CeURt3x—Read 19 tO StS ray 1 /� � 1, thence a limits seuthe,4y aleng the, eastegy Gerperate City 4mits te 4S seuther4y to-nRA—in — On the, vT'est th b lim4s te -the seuthor4y bypass (Pauire I=Rghway 169), east aleng thG seutherly b3Tass Ceunty Read 7 ' b an by County Road 101; on the east by Canterbury Road (County Road 83); on the south by U.S. Highway 169 and Eagle Creek Boulevard (County Road 16); and on the west by Marschall Road (County Road 17). Subd. 5. Fifth Precinct. The Fifth Precinct shall be bounded on the east by Gean� Rea ;!o (S GGF S#e-Gt) Adams Street on the north by 10th Avenue; and on the west and south by the corporate City limits. Subd. 6. Sixth Precinct. 'P Si p GGiRG+ Shag bG YlAUR dGll O th east by t h G GeEP +A J t 7 Ni 19 te State-, limits The Sixth Precinct shall be bounded on the north by 10 Avenue; on the east by a line beginning at the intersection of Spencer Street (County Road 79) and 10 Avenu thence extending south along Spencer Street to Vierling Drive, thence east on Vie rling Drive to Thistle Lane, thence south along Thistle Lane to Mound Street, thence w es t along Mound Street to Spencer Street, thence south along Spencer Street to U.S. High 169; on the south by U.S. Highway 169; and on the west by Adams Street. Subd. 7. Seventh Precinct. The Seventh Precinct shall be bounded on the south by the City corporate limits, on the east by Marschall Road, on the north b Wier i ng Drive, by a line beginning at the intersection of Spencer Street (County Road 79) and Moun Street, thence east along Mound Street to Thistle Lane, thence north along Thistle Lane to Vierling Drive, thence east along Vierling Drive to Marshall Road (County Road 1 7); and on the west by Ge :6i � R ead 79 by a line beginning at the intersection of County Road 72 and County Road 79, extending north along County Road 79 to County Road 14, thence north along the easterly corporate City limits to County Road 79, thence north al ong County Road 79 to Mound Street. Subd. 8. Eighth Precinct. The Eighth Precinct shall be bounded on the east and north by County Road 16, on west by Marschall Road, and on the south by the seat e b3,r,��� (P46 w e Highw l U.S. Highway 169. Subd 9 Ninth Precinct The Ninth Precinct shall be bounded on the north by U.S. Highway 169; on the east and south by a line beginning at the intersection of U.S Highway 169 and Canterbury Road (County Road 83) and extending south along Canterb Road to the corporate City limits, thence following the corporate City limits west, t hence south, thence west, thence south to Marschall Road (County Road 17); and on the west by Marshall Road. Subd 10 Tenth Precinct. The Tenth Precinct shall be bounded on the north by the northerly corporate City Limits; on the east by the easterly corporate City limits; on the south by the southerly corporate City limits; and on the west by a line beginning at the intersection of Canterbury Road (County Road 83) and the southerly boundary of the corporate City limits, thence north along Canterbury Road to County Road 101, thence west along County Road 101 to Marschall Road, thence north along Marschall Road to the northerly terminus thereof and thence continuing north along the bed of the meandering creek to the corporate City limits. Subd 11 Unless otherwise specified in this Section, all precinct boundaries that reference avenues, drives, roads, streets, and highways means the centerline of such avenues, drives, roads, streets, and highways. Note: The strikG language is deleted; the underlined language is inserted. Section 2 — Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota, held this 23 day of April, 2002. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2002. y CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Library Bid Award DATE: April 19, 2002 INTRODUCTION: At the special meeting of April 21 , the Council may be asked to award the bid for construction of the Shakopee Library. BACKGROUND: On April 16'', 17 bids were received in response to advertisement for proposals to construct the new Shakopee Public Library. The base bids as submitted ranged from a low of $3,470,000 to a high of $4,199,000. In the bid specifications, the bidders were notified that the three lowest bids would be required to submit information relating to references, and public building projects that their company had done during the past five years, including projects over 15,000 sq. feet and $2,000,000 in size. That information was to be submitted to the Architect by the close of business Friday. By the Tuesday special meeting, the Architect and Attorney will have reviewed those, and it is probable that a recommendation will be forthcoming regarding an award. However, if more time is needed, it is possible that a recommendation will be made to defer award until the special Council meeting of April 30 Regarding schedule, the Library has had to defer its plans to move until confirmation of the award of the contract. There are several groups with which to coordinate, so it is likely that the Library will be closed and moved to interim location at the Community Center within the next one to two weeks. Regarding construction time, the contract calls for completion in about 14 months. BUDGET IMPACT: The Architect's estimate had been $4,573,570. Obviously, the bids as received were very favorable, with the lowest bid being $1.1 million less than had been anticipated for the building construction itself. While numbers will not be finalized on environmental cleanup until after demolition is complete, that also now appears to be within budget (although those numbers will be more clear within the next week). Therefore, the interfund loan of $2.71 million described to the City Council as the April 2 meeting, can be reduced by the final amount of the contract, which means that it will be more in the $1.6 million range. Based on that, it would be a three year payback, with loan interest to be paid over that time in the amount of $130,000, a savings of $218,500 from the $348,500 which had been the earlier figure. ACTION REQUIRED: At the April 23 meeting, depending upon the recommendation of the Architect, the Council may be asked to award a contract for the construction of the Shakopee Public Library. Ij �'�� Mark McNeill City Administrator MM /j s To Apparent Low Bidders: BKV Group contacted the above named finis on Tuesday afternoon (4/16) following the bid opening, and each bidder was notified of their low bid status based on the base bids. Bidders were requested to submit, per the Instructions to Bidders and Addendum #3, the following: • Contractor's Qualification, Statement, AI.A, Document A305 • !addendum #3, Section 00120, Bidder qualification information specified in Paragraphs 53.3 — 53.5. A request was made to extend the submittal time until Monday 4/22. The city has indicated its intention to review the bid results at the 4/23 City Council meeting, and will require the information to be submitted as specified within three days of notification. Submittals are therefore due by end of business day on Friday, 4/19/02. Please submit your information to BKV Group, Inc., attention John Sponsel. Thank you for your bids. A bid award recommendation will be prepared shortly, and you will be notified of the City Council's decision. END OF MEMO q : \ proj \1536 -01 \bus\mem- c-igs- 041702. doc 6123396212 BKPU & ASSOCIATES 476 P01 APR 17 1 02 13:06 Post -it' Fax Note 7671 Date , pes° e1 TO u— From VV coMept. c co. G R O U P Phone #t Phone # Architecture Interior Design Fax# Fax# Engineering Memorandum Boorman Kroas Vo TO: Tony Haddad Westra Construction fax 952 -556 -5552 Group Bruce Ternes Ebert, Inc. fax 763 -498 -9951 Inc. Chris Johnson CM Construction fax 952 - 895 -$183 222 North Second Street Minneopoliis, MN 55401 COPY: Mark McNeill, City Administrator Telephone: 6123392752 Facsimile: 612.339.6212 www.bkvgroup.com FROM: John Sponsel, Project Manager EOE CLIENT City of Shakopee PROJECT: Shakopee Public Library COMM. NO.: 1536.01 DATE: 4 -17 -02 RE: Shakopee Public Library- Bidder Qualifications Submittals To Apparent Low Bidders: BKV Group contacted the above named finis on Tuesday afternoon (4/16) following the bid opening, and each bidder was notified of their low bid status based on the base bids. Bidders were requested to submit, per the Instructions to Bidders and Addendum #3, the following: • Contractor's Qualification, Statement, AI.A, Document A305 • !addendum #3, Section 00120, Bidder qualification information specified in Paragraphs 53.3 — 53.5. A request was made to extend the submittal time until Monday 4/22. The city has indicated its intention to review the bid results at the 4/23 City Council meeting, and will require the information to be submitted as specified within three days of notification. Submittals are therefore due by end of business day on Friday, 4/19/02. Please submit your information to BKV Group, Inc., attention John Sponsel. Thank you for your bids. A bid award recommendation will be prepared shortly, and you will be notified of the City Council's decision. END OF MEMO q : \ proj \1536 -01 \bus\mem- c-igs- 041702. doc \ \ All ] \ I N \ \ : a - CD k /. , cc k E /\ ) 0 0 CD 2 k 2 & � ( \ >, 0 \ $ c/} 2 2 2 0 co § $ 7 § 2\j \ E S ƒ /�\5 /o wr * ««me2g\ 7 = \ u; - --J e e > o m c77 = > = _� wn2 -2oo�- =Boor = / / / > .22 cu =x J r5,cc2,7 �aGE >e ± / Ee§ §§O2 /)� #�Z a Q—mw o=E� � g E S /¥ = - = - om o =§»888_ \ E2®£® �77E�--- ES .- 3 0o cEe(D0C og.aa000=*ow a 55 » w 2 I�om__=e_ e 00 I ■I »===oou==6ZZZZMM ( k ' k \ 2 k k / ) p w w CO Cl) r.- / \ / \ \ ` _ \G © G G LO 2 CD o G G = 00 \ , \ \ \ a \ a c c 00 00 . OD CC \ _ \ So 22 f o o c Q C 8/ G 2 / G; C) � / 7 a ¥ \ « M £ c) G -/ - r w 3 \ / 64 Nk �� N \ k \ \ ( U) ° 7 / 3 0 7 \ E a j & / o E E o 0 0 0 0 Lf D of \\ ° \ \ \ \ c E 3 r- CT w G 2 »# � \\\ \\/ > E / G 609. m /// 2�I2 L s e n o o r m o 0 0 0 0 ƒ / \ \ \ / f \ \ \ / ƒ \ - / 0 \ \ / \ \ 2 2 COY) ) 5 2 - _ a w 3 ± , X 60 �ƒ _ §@ 2 / R / o ooG G / ) oU qR R R \ E\< = R « / \ \ \ \ j \ 0 § / \ \ / & & = y ; A _ @ 3 CD C) 7 $/ \ (D G£ 7 7 ow r "i 2 n� wo a % LO as 3 oa » /3 a « 3 7 ~ 2 4 $ ƒ 2 \\ \ Cl) m r - \ \ All ] \ I N \ \ : a - k /. cc k E /\ ) 0 0 CD 2 k 2 & � ( \ >, 0 \ $ c/} 2 2 2 0 co § $ 7 § 2\j \ E S ƒ /�\5 /o wr * ««me2g\ 7 = \ u; - --J e e > o m c77 = > = _� wn2 -2oo�- =Boor = / / / > .22 cu =x J r5,cc2,7 �aGE >e ± / Ee§ §§O2 /)� #�Z a Q—mw o=E� � g E S /¥ = - = - om o =§»888_ 0 E2®£® �77E�--- ES .- 3 0o cEe(D0C og.aa000=*ow a 55 » w 2 I�om__=e_ e 00 I ■I »===oou==6ZZZZMM = m 2 ) w w a O O� c 'U (n m _ O D C- X m O im Z 0 -0 1 c C,) ^ P o o � w D LJ Ind 1111 11i!1i11Z iij IN ner WHEREAS, the City of Shakopee (hereinafter referred to as the "City") and the Township of Jackson (hereinafter referred to as the "Township"), both located entirely within Scott County, in the State of Minnesota, desire to accommodate growth in the most orderly fashion, and have agreed that there is a clear need for a cooperative future planning effort for the land governed by the two jurisdictions; and WHEREAS, the City of Shakopee and the Township of Jackson have established a committee to develop a joint orderly annexation agreement which has met extensively to discuss, evaluate, and study pertinent issues regarding annexation and planning issues; and WHEREAS, the Township Board and City Council have expressed their desire to encourage future development of land near the City so as to promote the development of municipal services and urban growth as much as is practical, while encouraging the retention of land in agricultural use and increasing the longevity of existing rural residential lifestyles; and WHEREAS, a joint orderly annexation agreement is beneficial to both parties from the standpoint of orderly planning and orderly transition of government within the area proposed to be annexed, and provides the guidelines under which such annexation shall take place. NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and conditions that follow that the City and Township enter into this Joint Resolution for Orderly Annexation and that the property herein described is proposed to be annexed by the City and shall be annexed subject to the following terms and conditions: 1. Minnesota Municipal Board Jurisdiction. Upon approval by the Township 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. This function is currently the responsibility of Minnesota Planning, Municipal Boundary Adjustments. If upon dissolution of the Municipal Board jurisdiction shall be conferred upon the board or entity so designated, by State Statute. 3. Authorization. The applicable legislative bodies of the Township and City, as well as the Executive Director of the Municipal Board, are hereby authorized to carry the terms of this Joint Resolution into effect. 3/29/2002 Page 1 of 11 4. Severability and Repealer. A determination that a provision of this Joint Resolution is unlawful or enforceable shall not effect the validity or enforceability of the other provisions herein. 5. State Statute. The terms and conditions of this agreement are created as an addition or compliment to the requirements for annexation required by law. The language contained herein shall in no way be deemed to circumvent or reduce requirements established by law. If changes to State Statute are enacted during the duration of this agreement that are more restrictive or otherwise negate the provisions herein, the State Statute shall rule. 6. Effective Date /Applicability. This Joint Resolution shall be effective upon adoption by the legislative bodies of the Township and City and approved by the Municipal Board. This agreement shall be applicable for any annexation petition filed or initiated while in effect. Should this agreement be terminated following the filing of an annexation, but prior to final action on that annexation by the City, the provisions of this agreement shall be binding unless otherwise modified by a joint resolution of both the Township and the City. Staff felt that clarification was necessary to make sure the rules could not change in the middle of the game. Applicants will be preparing petitions in conformance with this agreement. This provision just clarifies that if an annexation is started under these rules, and the rules change, the old rules would apply. 7. Duration of Agreement. This document shall be in force and binding for a period of twenty (20) years from the effective date as identified herein. Following the twenty -year duration of the agreement, the document shall continue to remain in effect until one of the following actions takes place: a) The legislative body of either the Township or City passes a resolution withdrawing from the agreement. At which time, the withdrawing entity shall provide notice by certified mail to the other entity and the Municipal Board immediately following the legislative action. Notice shall include a copy of the adopted resolution. This agreement shall remain in effect for a period of 60 calendar days following the approval date of the withdrawing resolution. b) The Township and City replace or renew this document with a joint agreement and resolution for orderly annexation. Staff felt that a twenty -year agreement is commensurate to the amount of work involved in this process and to allow the agreement to function as planned. We placed the provision that allows for the continuation of the agreement in there so that a good working agreement might continue without any action from the Township or City governing bodies. 8. Mediation/Arbitration. if a dispute of the terms or conditions of this agreement arises, under this agreement, the Town and City hereby agree to enter into mediation to attempt to resolve this dispute. Mediation services shall be provided by a state agency or other third party representative agreed to by both the Township and the City. If mediation is unsuccessful, the Township and City hereby agree to enter into binding arbitration to resolve disputes under this agreement. Mediation and Arbitration shalt be conducted in accordance with State Statute. 3129/2002 Page 2 of 11 Given that an agreement would have been reached if this document is in effect, and that one of the purposes of this agreement is to minirnize the potential for disputes and Iona delays of petitions, staff felt that this provision would provide for quick and fare resolution of any unforeseen issues. Given that there does not appear to be a desire to create an additional level of government by creating an Orderly Annexation Board, this provision was placed in the agreement merely to state that the current methods of Planning and Land Use Control would continue after this agreement would take effect.. 11. Joint Nocation. Upon receiving • initiating a Petition for annexation, the City shall send a copy of the petition, resolution, proposed plans, and other relevant information to the Township. This provision shall be considered in concert with, and not necessarily in addition to, any required or existing notification procedure maintained by the City. One of the important aspects stressed by all parties is the need for open communication, Many of the provisions of this agreement reflect providing increased notice and communication of relevant information. Gr 1. Requirements of Section. In addition to any requirements identified by State Statute, no petition for annexation, or initiation of annexation, shall occur except in accordance with the provisions identified by this section. Where State Statute allows for a petition to be filed or initiated not in conformance with this Section • the agreement, the legislative body of the City hereby agrees that favorable action will not occur on said petition 3/2912002 Page 3 of 11 without the prior or concurrent amendment of this agreement in accordance with the provisions identified herein. 2. Geographic Limitation for Annexation. All of the land in the Township is subject to orderly annexation in accordance with this agreement under and pursuant to State Statute, subject to the provisions contained herein. Staff struggled with the need to provide a limit to the orderly annexation area. We ended up not suggesting an orderly annexation limit based on what we believed to be valid concerns expressed by Township property owners. The question posed at the Township meeting staff attended concerned the potential inequity that would be created by including one property and not including another. As stated at the meeting, the value for land within the orderly annexation area would likely be significantly higher than property located outside the orderly annexation area. Ultimately, staff felt that the orderly annexation process, specifically requiring adjacency, creating a higher standard for the annexation of existing development, and other restrictions, would appropriately limit the growth of the City while not arbitrarily inflating /deflating property values. 4. Adjacency. For the purposes of this agreement, a property, or combination of contiguous properties, shall be considered adjacent to the City when fifty (50) linear feet or more of the subject property boundary is shared with the boundary of the City. Fifty (50) percent contiguous shall be considered to apply when at least fifty (50) percent of the boundary of the subject property, or combination of contiguous properties, is adjacent to the City and /or Township limits. Completely surrounded shall be considered to apply when One hundred (100) percent of boundary of the subject property, or combination of contiguous properties, is adjacent to the City and /or Township limits. For the purposes of this document, the Township limit shall be considered those portions of the outer boundary of the Township, not adjacent to the City, adjacent to other Townships or jurisdictional boundaries. One of the important factors referenced in this agreement is adjacency. This provision was placed in the document to provide direction through simple definitions. The surrounded definition was included because of restrictions placed in this agreement that requires certain properties to be completely surrounded prior to annexation. Clarification was necessary based on foreseen circumstances where the annexation is occurring adjacent to the Township limits where the physical surrounding of property. is not possible or appropriate. 5. No Alteration of Boundaries. The Township 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 approval of a joint resolution of the Township and City. 6. Property Owner Petition. Any landowner, or combination of multiple landowners, with property adjacent to the municipal boundary of the City, may petition the City to annex their property in accordance with this agreement. A key statement made at the Township meeting that staff attended was that the Township Board did not want to restrict or deny any property owner from petitioning 3/2912002 Page 4 of 11 the City to annex property provided it occurred in accordance with an orderly annexation agreement. This provision reflects that intent. What creates the orderly annexation process is this agreement revolves around two significant concepts. One is the distinction between developed and urn- developed property. The second, discussed later, is the distinction between Owner petitioned and City initiated annexation. This provision defines what is considered developed 3J2902002 Page 5 of 14 or un- developed for the purposes of this agreement. In general terms, developed property has more restrictions for City initiated annexation. Undeveloped property has more requirements to meet for voluntary annexation. Both of these requirements as implemented in this agreement are intended to provide for orderly annexation, preserve existing Township lifestyles over an extended period of time, provide residents with a clear understanding of when potential annexation might occur, and establish a fair systematic process for the City to grow and property to develop. 8 Initiation of Annexation by City for Developed P roperty. This section applies only if the City initiates the annexation of developed property, or multiple adjacent properties, without a petition of the representative property owners being filed. The City may at anytime annex developed property within the Township completely surrounded by the municipal boundary of the City subject to the following additional conditions: a) Certified Notice of Intent to Annex The City shall provide a minimum of one (1) year notice by certified mail to each property owner within a developed area prior to initiating annexation. This certified notice shall also be sent to the Township. This notice shall be considered additional to any requirements established by Statute. b) Notice of Improvements The City shall determine and identify all proposed improvements required in accordance with this agreement prior to initiating the annexation process. As such, the City shall identify all proposed improvements with an estimated installation date and assessment shall be identified as part of the certified notice of annexation. c) Notice of Services The City shall identify major proposed services/benefits that occur simultaneously with annexation as part of the notice of annexation. Benefits suitable for notification shall be at the discretion of the City, but are intended to include, but not be limited to, police and fire services, street maintenance, and park system benefits. d) Notice of Existing Tax Rate The City shall identify the existing City tax rate as part of the notice of annexation. Although an individual analysis of each property is not required, at least one representative example shall be provided that illustrates a typical before and after effect between City and Township taxes identified in dollars per year. This comparison shall be based on property with similar characteristics to property located within the proposed annexation area. The purpose of this provision is to provide general information to property owners within a proposed annexation area. e) Public Meeting Required The City shall conduct a public informational meeting on the proposed annexation plans within ninety (90) days of the certified notice. The date, time, location, and purpose of this meeting shall be identified as part of the certified notice of annexation. The purpose of this meeting is to provide general information to the public and solicit public input on required infrastructure improvements. f) Notice of Timeline for Annexation The City shall identify the anticipated schedule for future notice, public hearing dates, and the ultimate effective date of annexation. Although individual dates and times need not be identified, the purpose of this provision is to make residents aware of the 3/29/2002 Page 6 of 11 Staff identified that there are two general positions on annexation expressed by property owners within the Township, Although not uniformly consistent, it appears that those who own developed property are generally not in favor of annexation and 3129/2002 Page 7 of 11 prefer existing Township services "lifestyle ". Those who own undeveloped property, appear to desire the option of annexation given the potential higher development related property values. Given the Townships indication that they did not want to interfere with a property owner's ability to petition for annexation provided it is orderly, these provisions have been drafted to specifically address the City initiated annexation of existing developed property. Key points include: ® Inherent delay in annexation in that the entire area surrounding the proposed annexation area, must be annexed first. ® Increased notice time- One entire year of notice required before initiation of annexation. 0 More informative notice including estimated increased tax rates and costs. ® Immediate request for MUSA and planned extension of services. Delay in the potential effective date of annexation. Once surrounded, the combination required notice and delay of effective date extends the process for annexation over two years. The emphasis was to preserve the lifestyle as long as possible while still providing the City a reasonable step by step processes for annexation. Section 111 — Municipal Reimbursement 1. Municipal Reimbursement. It is generally recognized that the fiscal planning for any government entity occurs in the calendar year prior to the actual expenditures. Whereas, the annexation of property could pose a hardship on the Township having planned for a certain income that is no longer available upon annexation. To address this potential hardship, the Township and City mutually agree and state that, pursuant to Minnesota Statute, a reimbursement from the City to the Township shall occur for the taxes collected on land annexed into the City. Reimbursement shall occur as identified herein. Any and all of the applicable property taxes collected in the area designated for Orderly Annexation shall remain the property of the Township. Excepting required reimbursement, upon annexation, any and all property taxes collected from the annexed properties shall be the property of the City. Reimbursement from the City to the Township shall occur as follows: a) Rate /Amount The City shall reimburse the Township by cash payments, based on assessed value of the annexed property as of January 2 of the year the parcel is annexed. The total reimbursement amount shall be determined by the length of reimbursement time identified herein. b) Reimbursement Time The length of reimbursement time is dependent on when the property is annexed into the City. Annexation time shall be determined by the date of passage of the legislative body of the City. 1) Property annexed from January 1 to March 1- Reimbursement shall be made for the entire remaining portion of the calendar year. 2) Property annexed from March 2 to December 31- Reimbursement shall be made for that portion of the calendar year remaining, and one entire additional year. Staff identified this as a major difference between the two parties in reaching an orderly annexation agreement. The Township identified that municipal 3/29/2002 Page 8 of 11 2. Pass-on Reimbursement Costs. By adoption herein, for non City initiated annexation, the City hereby passes on the reimbursement cost required herein to the property owner (s) or petitioner for annexation. Concurrently with the approval of annexation, no later than 30 days, the City shall cause the property owners/petitioner to submit a certified check or money order for the entire amount of reimbursement to the Township. Given that the vast majority of annexations are owner initiated voluntary petitions, and the City's desire to be compensated for the immediate services required for annexation areas, staff felt it was appropriate to pass on this financial burden to the petitioner. Although the vast majority of annexation petitions are owner initiated, this merely identifies installment payments required for City initiated annexation based on the receipt of tax revenue for the newly annexed area, 4. Tax Exempt Property. Where a property is annexed that is publicly owned or is currently exempt from local property taxes, the exemption shall be maintained and no reimbursement shall be required from the City to the Township. This merely clarifies that reimbursement is not required where no revenue currently exists. 77F =SAI =IMMI Property. I . Development Site Plan Required. Concurrently with any petition to annex property to the City, property owner(s) shall prepare and submit a preliminary development plan/plat to the City. Plans must identify the proposed extensions of public roadways, municipal water, sanitary sewer, and other relevant required City services for the property petitioned for annexation. 3/2912002 Page 9 of 11 The Township had expressed that once property was annexed, they desired to have it developed immediately. To paraphrase, the Township felt that if property were to remain undeveloped, it should stay in the Township rather than remove base tax revenue. Given that development is based on market factors and not entirely in the control of the City, this provision was provided to exclude non - serious speculative annexation. This provision also reflects the need to provide for phased development over time. Larger developments may develop over many years. Requiring immediate development is inherently problematic regarding the implementation of such a broad base standard. The development of preliminary plans costing thousands of dollars will not only help to ensure that development will occur in a reasonable time following annexation, it will provide the Township with notification and the potential for input regarding the development of the property. 2 City Comprehensive Land Use and Utility Plans Concurrently with a petition to annex, the City shall either confirm that the request is in general conformance with the City's Comprehensive Land Use and Utility Plans, or concurrently prepare an amendment to those documents. By inclusion in the City's Comprehensive Land Use and Utility Plans, the City represents that the use, development, and extension of utilities are planned for and will be accomplished based on the unknown variables inherent to private developer driven construction. The intent of this provision is merely to require the City include the annexation area into the planning process. 3. Municipal Urban Service Area Concurrently with the approval of owner petitioned annexation, the City shall petition the authority from the appropriate metropolitan governmental agencies to change and adjust the Metropolitan Urban Service Area (MUSA) boundary to include the annexed property. Where the allocation of MUSA is otherwise limited, the property owner(s) and City may agree to a planned phasing of MUSA allocation for all or portions of the annexed property. Phased petitioning for MUSA may occur over a period of time not to exceed five (5) years. Any planned phased petitioning of MUSA allocation shall be identified within the resolution of the legislative body of the City approving a petitioned property for annexation. Given the finite resource of MUSA allocation, this provision recognizes the City's need for flexibility on allocation. This is particularly important for larger phased projects where the City may choose to allocate portions of MUSA at a time proportional to planned construction. Section IV — Misceflaneous Conditions. 1. Annual Area Limits. Within any given calendar year, the City shall be limited to a maximum area it may annex without property owner petitions. The City shall be limited to a maximum City initiated annexation area of two hundred and frfty (250) Acres per calendar year. This provision shall apply to both developed and un- developed property. For the purposes of this agreement, publicly owned property, or property currently exempt from local property taxes, shall not apply or count toward the maximum area limitation. Given that one of the purposes of this agreement is to provide for orderly annexation, this provision was provided solely to limit the annexation of the entire Township at 3/29/2002 Page 10 or 11 Example #1: Adjacency a r 10604 ws i",-" • • \ 1 - Approximate 20 acre a " parcel with 1 dwelling unit e . }.. x C'ty Bo da . /::T! ' e' . '1 J4';',„'.':.,,.',::1.7"..7 7 -..,' ,L . .,7 ' . ',' .; .... '2'.7 -,;*.t,.7'.1.7 OkiiAtilitfAi ki r. ' . I v ,,,r .01*.010 ' ::';'',....::::■;61,:i . ' ' '''',..''' .. 11 , 'J , '' .' '. :,, , . ' . '..;% ■ '...: ' ' r t „ 1 ' � :%, < ,rte , � - _ # Aida- 4 x.1.,: m, -' �:to' r � ± .v. -n " �� .4 ':a a �,,.; a aa, " - =„ w -- .. � , �c t ""'ter.jjy , r d iP9 Fr j a. t i;x.: s �,� ��� � E � d' •' § { _. � �'` / . j ' c, y ` ,�. x Ys may,+}, S.1 y � .. +a ..; �. na "" ii‘lA � ,f tz 36 .e set .r- ^A"' y , • F . , , ..„ - . -,,It lf -. 4i -- . 114. . * ::.„ - :„__ , :: : ;, .f.„ .. ,, ,- .0.. ,- ...:..., __ _ . ._,,,.0, -, .. , ., .„ ii _. 44 .4......_. --_-_,...., -- tl ,- , i -' ? � 2'� �a i- a a . 1 ti �x f �p� c L� � i 2 , 1'i C 1 a -1 r ' ^' {., ". }t S ��'� i ,' a'.0 ..fir, c+ r' ff ' V Adjacency - Owner(s) of property or combinat of contiguous properties that share a common boundary with the City for at least 50' or more may petition the City for annexation. Example #2: City Initiation of Annexation Undeveloped Land that is 50% Surrounded -_ 1 ' pprox — a 20 a -- parcel with 1 dwelling unit ' _ r _________L___________1__ - t Future I } --�, tty Boundary J ; y+ ��[ I r =" t _ ,°,- . r ] �,, - ,, Mrlr t t y s A+eVis* ,3..,. ter.. k • _ # , , �++ • t t. _ _ - ,• ::a - . . � " s' •-, ,:,?r,it t on ti � '�'- § t t ems. $Sf -. r r + . i No it, . i �t i-.4',‘,,,` i e , :".._"_ ,:_ � - ... — _ - ,, , A , : may, 1 4 ' 4 � 'k:�c �_ �. � T1 � ,may � B 4�� "T . k A Y. A t to w 2 r _ F ss, :.. Yi'F ,.yi '.° "'i - 1 A. Undeveloped Land - Parcel has a gross density of LESS than 5 acres of land based on either the number of dwelling units or lots, whichever is greater. B. 50% Surrounded - The perimeter of the parcel(s) that the City wants to annex shares 50% or more of its boundary with the City. City can initiate annexation if both A & B above are true. A City Initiation of Annexation I Example ##3. Developed Land that is 100% Surrounded '� r '^ 4 _ 1 .. i -. � � . 'ms' r . • Mil ' : .., j i. . gib? " " w A 9�7 F - H 't" ' �'. a F 5 .--,•• 0..1. • � ® - - 11R7 .+if t Ak /-"., co, a rn ^: s , t <k' ,� i ; � ; Al y� i►ti • ' . 0 al it n . i .v ' .,5� - ; I , j S v ma s ; f I , . ( .F ,yy- r l , F � � ' ° ` . T ..:. ° &, .r > `ice ; ,1:4 ' 4 "- r . _ '4 `4 °- d .a ,� - , X • . J � a a x .. 71 �, 4,1 ..wa • '`• " --- - 810 - 1 v ', ;‘, dillebtaw, I - . ,..,,,.,,,,, „--"tt, -- 7 ' ." - t Wi t• , "4, - - s i'''''.%. ; >. _ 5 au S < . A. Developed Land - Parcel has a gross density of MORE than 5 acres of land based on either the number of dwelling units or lots, whichever is greater. B. 100% Surrounded - The perimeter of the parcel(s) that the City wants to annex shares 100% of its boundary with the City. City can initiate annexation if both A & B above are true. Tax Exempt Parcels ' '.-,. _ .,..:-.,,,,.;-..' :. - .-- ......'.,:''-'_ - 7144 - 4 , 0!A -4 4t-I' - ltir - $.,'' -- ...,1,' r t R� � r N ig a 1 �- _ . —� I f .�� , '� ,. � �Wlk : z ^ �" - 1 - - - -- - -I ,, i� I i 4 , � ��. ' .yak f .Yj ; . 1 w r y .. p• I , . z. , 1 4r s ,„ , ,,,, , , - ' ' - "44 1 ____:'' _' 11 - "":: w 1 I 7. : 1 : , , i f i*A . ' 4 7,c; :: .,,, r ,,' .., . ' , , --, .dt. . - ,4,--, _ . 1 / -: " 23, 1.,, ION L _ i____-______ a � d`4 A ' I ,[[ 1 LL r� r 5 � 1 ," ` I ip k -0 ` n ' ; 'N'1, , _ t r r " �F 11 : � a. r- R y 7i0 F°' :6 ! , ' �li _ `mo w¢. .fit �' BSI ,0. 4 -- n WIN R , � Y • . `. ;�% x a "*s E L„ " ` " ' . , 4, 9 e "q L _ '+�