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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. 1 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 R0. I • MARYSTOWN -�� ... 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ARD R$_ - 0 U ZUMBRO AV tigaW • 1 p - MARYSTOWN RD. 7, 'fV W DID YOU K NOW ? h- 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 irgi Lake 10 . -'7 Iv71lip /: -a. ,1111j.PP / 444., -Ai .... . , ` F ... ... 11111111111 El! . qv ,..4 S€'okupee 11k. Pr 74 6 r 411y iii' 7 rr 1 • — Min IIIMIIIMIIII . , ,,.. .„ .., .. \. / - , mg ,,... v ,,„,::: .. ___...... 2.12 ... g...\ 11., :- -Liiit 4r44 la ■ ---.� 1:x. : Nm iii ,111111101111% _____ MI NI 111 alma 1 —1 . _1i �,,t� ` J „„„ ,,,,; n` 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