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Home My WebLink About2015-011 (Annexing Land To The City Of Stillwater Pursuant To The Joint Resolution Of The City And Town Of Stillwater As To Orderly Annexation) RESOLUTION NO. 2015-011 A RESOLUTION ANNEXING LAND TO THE CITY OF STILLWATER PURSUANT TO THE JOINT RESOLUTION OF THE CITY AND TOWN OF STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 16, 1996 WHEREAS, land in the Town of Stillwater ("Town"), described on Exhibit "A" and shown on the map attached as Exhibit "B" (the "Land") is to be annexed to the the City of Stillwater, Washington County, Minnesota ("City"), pursuant to the provisions of the Joint Resolutions as to Orderly Annexation of the City and Town of Stillwater, dated August 16, 1996; and WHEREAS, the Land is included within Phase IV of the area designated for orderly annexation; and WHEREAS, Section 4.01 of the Orderly Annexation Agreement provides that the Land is "Phase IV" land and may be annexed to the City pursuant to Section 4.05 of the Agreement any time after January 1St, 2015; and WHEREAS, it further appears to the City Council, that the annexation does not conflict, in any way, with the Joint Resolution Agreement of the City and Town of Stillwater, relating to orderly annexation dated August 16, 1996; and for a period of 30 days, as provided by Section 2.01 of the Orderly Annexation Agreement, the Minnesota Municipal Board, (or its successor) may review and comment only before ordering the annexation. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater as follows: 1. That this Resolution be submitted, forthwith, by the City Clerk to the Executive Director of the Minnesota Municipal Board for the purpose of annexing the Land described in Exhibit "A" to the City, all as provided by Subdivision 1 of Section 414.0325 of the Minnesota Statutes relating to orderly annexations within a designated area; and for a period of 30 days, as provided for by Section 2.01 of the Orderly Annexation Agreement, the Minnesota Municipal Board may review and comment only before ordering the annexation. 2. For the purpose of this annexation proceeding, the City Council hereby determines that the Land described in Exhibit "A" is now or about to become urban and the City. It is further determined that the annexation of the City would be in the best interests of the Land. 3. After the annexation, the real estate taxes, if any, with respect to the land, will be divided as provided by Section 7.03 of the Joint Resolution. BE IF FURTHER RESOLVED, that a map with the Land proposed for annexation designated thereon and marked as Exhibit "B" to this Resolution be submitted to the Minnesota Municipal Board along with a certified copy of this Resolution. BE IF FURTHER RESOLVED, that the Clerk submit copies of this Resolution with copies of the map to the Town Board of the Town of Stillwater and the Joint Powers Committee. Adopted by the City Council of the City of Stillwater this 6th day of January, 2015. CITY OF S WATER Ted Kozo,,s i, ayor ATTEST: /LIC;tit&ei, &?/? C-- Diane F. Ward, Clerk -2 - LEGAL DESCRIPTION All that Part of the Town of Stillwater lying between the present Stillwater City Limits and a line described as follows: Beginning at the Intersection of West Line of State Hwy 5 and the South Line of Section 31,thence West along the South Line of Section 31,to the West Line of Section 31,thence North along the West Line of Sections 31, 30, and Section 19 to the Centerline of MN State Hwy 96; thence East along the Centerline of Hwy 96 (also known as Dellwood Road)to the Intersection with the West Line of Lot 1, Block One, Oak Glen 11th Addition extended to the North; thence South along the West Line of Block One, Oak Glen 11th Addition to the North Line of the Former Minnesota Transportation Mussem Right of way(formerly Northern Pacific RR, and formerly Burlington Northern Railway)then Easterly along the North Right of Way Line to the Intersection with the present Stillwater City Limits, all of the above within Township 30,North, Range 20 West, Washington County, Minnesota. 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Rk.,.-...„..,,,,,,,,,A..,•,-,:r...-. . ,. __ .-7-_,.-,..4-...,..:-. -_,:,,,:il.. .vc-,,,, ........ -,-'..:-•_, . kts....\•NN . ,-,N.z::-..•,t47.--2_.:.::•-s•:-:k,\‘. --I:. . 1.---, " - - . . • . •• ..r\i •Area . & SAIf #12 , ...,....... - •,'-,.-.V.,W.,: N7....„ .• • Sc.-- \NA Nt:i.irN•,-,_ AI' ii.**1 •;-'7741‘... ,4 . - .----t";''‘•- k % ..%, N, \.?.s..*!,!.•..kt..: .. -7 • . --' -- - • pm . :.;•"' \ .I' ...).'11.".%.. 9 • - .- 744' • - ‘ . ' ..: ' "...:0•.'' - - .----.. \ %. ANN*,,A= A. dIE' -_,---.66....—..:...21 .• N. • vo.,.- . . ‘ _____,747-, mmal t • • .• . \\‘ ' ritriYi - litli*Iff': CeliC' -i- .. . . • .-, i .• \-. ..,;-,.-z_:3,3:.,...V:: - Alrillt .-- •:-. 4711111111:::- ,... 0111111"111.1.111.1111111111%. t v.---,.-%-•si..v...-z, .e.vr!..itami iii_. •.: -1/4. 1/4V•'`•N's.t.-;.:4::-‘,..;.:" 1101.11011"linfrarla11111 Ili' /\ ....• • •: HWY #36. . ... EXHIBIT B • . . • • . . . . . .. m.c..b. Frank Roo;/Rasociates, Inc. CITY & TOWNSHIP . . . . ( Isom 23rd RVOS. N. OF STILLWATER • Plymouth, MN. 55447 Engineers ORDERLY ANNEXATION lk GI2/475-61:11.0 PI s nn ors _ Far E12/47G-E532 Surveyors AGREEMENT • SECTION SIX ASSESSMENT AND UTILITY POLICY 6.01 Concurrent with the adoption of this "Joint Resolution", the City Council will adopt an assessment policy that will protect new City property owners who are neither subdividing their property nor requesting municipal services from special assessments and utility charges for sanitary sewer, storm sewer, water and street upgrading. The policy shall be as follows: a. Except as set forth in Section 6.04, no property will be assessed for sanitary sewer or required to pay sanitary sewer hook-up or utility charges if the property is not connected to public sanitary sewer. b. Except as set forth in Section 6.04, no property will be assessed for municipal water or required to pay water hook-up or utility charges if the property is not connected to the municipal water system. c. No property will be assessed for storm water improvements or required to pay storm water hook-up or utility charges prior to subdivision of the property. 35667.O1F 05/23/96 -5- d. Any property which hooks-up to City sanitary sewer shall pay a hook-up charge which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook-up to the system. e. Any property which hooks-up to City municipal water system shall pay a hook-up charge which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook-up to the system. f. Property which is not being subdivided will not be assessed for the cost of street improvements necessitated by development occurring within the orderly annexation area. However, if the street is substandard at the time of the improvement, the property may be assessed an amount equal to the assessment that would have been levied by the Town, if any, under the Town assessment policy in effect prior to the annexation of Phase One. The property may be subject to additional deferred assessments payable if and when the property is subdivided. "Substandard" is determined by Township standards in effect prior to the annexation of Phase I. g. If a property hooks up to City sewer or water it will be charged for one hook- up as per Section 6.01 d and e regardless of whether the property can be further subdivided. Additional hook-up charges will be due at the time the property is subdivided based upon the hook-up charges in effect at that time. 6.02 Concurrent with the City's adoption of this "Joint Resolution", the City will adopt a sanitary sewer and water hook-up policy which includes the following provisions relating to property within the orderly annexation area: a. Prior to subdivision of the property, no property owner will be required to hook-up to the City's municipal water system. b. Prior to subdivision of the property, no property owner will be required to hook-up to the City's sanitary sewer system unless hook-up is mandated by State Statute or Minnesota Pollution Control Agency (MPCA) regulation and enforcement action is initiated. A property owner will be permitted to upgrade or replace a failing system in accordance with MPCA standards. The City ordinance will not impose regulations that are more stringent than those required by the MPCA. 6.03 This section does not require the City, if requested to by a Property Owner, to extend sanitary sewer service to property which has a failed on-site system if the extension is not feasible or cost effective. 6.04 The benefits and limitations set forth in this Section do not apply nor are they for the benefit of owners whn subdivide theirP-roperty �r--v 35667.01F 05/23/96 -6- 6.05 The limitations in Sections 6.01 d and e will be annually adjusted commencing January 1, 1997 based upon the Consumer Price Index for Urban Consumers (CP-U). SECTION SEVEN REAL ESTATE TAXATION 7.01 Rural Tax Rate Adjustment. It is recognized that there is a significant difference between the City's municipal percent of tax capacity rate, which is approximately .35 percent for the calendar year 1996, and the Town's existing percent of tax capacity rate of .17 percent and that to require property that is brought into the City against the wishes of a property owner to pay the full municipal rate would be burdensome. The City, therefore, will concurrent with the City's adoption of this "Joint Resolution" amend, subject to the second reading required by City Charter, its Rural Service Taxing District Ordinance to include: a. A rural service district that will include only parcels that are not connected to municipal sewer or water services. b. A rural service tax rate that will be set at seventy-five percent (75%) of the City Urban Service District rate. c. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation, the initial rural service tax rate in the year of annexation will be Fifty percent (50%) of the urban rate, with the percentage being increased five percent (5%) each year to the seventy-five percent (75%) rural service rate. 7.02 Tax Rate Adjustment for Parcels Not Requesting Annexation. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation and do not qualify for the rural service taxing district, the initial urban tax rate in the year of annexation will be fifty percent (50%) of the urban rate, with the percentage being increased 10 percent (10%) each year for five (5) years to the full urban rate. 7.03 Tax Payment to Town. During the term of this Agreement, taxes received by the City based upon the tax capacity generated from any area annexed in the year of annexation will be paid over to the Town and thereafter the amount to be paid to the Town will be reduced by twenty percent (20%) each year until the amount reaches zero (0), when taxes based upon the full tax capacity will remain with the City. For the purpose of this section, any increase in tax capacity over the tax capacity generated in the year of annexation will remain with the City. 7.04 Year of Annexation. If the annexation becomes effective on or before August 1 of any year, the City may levy on the annexed area beginning with that year. If the annexation becomes effective after August 1 of any year, the Town may continue to levy on the annexed area for that year, and the City may not levy in the annexed area until the following year. _. 35667.01F 05/23/96 -7-