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HomeMy WebLinkAboutItem 07 Date: Item No. ORDINANCE ANNEXING LAND OWNED BY THE METROPOLITAN AIRPORTS COMMISSION LOCATED IN EUREKA TOWNSHIP Proposed Action Staff recommends approval of the following motion: Move to adopt an ordinance and summary ordinance for publication annexing land located in Eureka Township pursuant to Minnesota Statutes 414.033 Subdivision 2 (3). Overview The Metropolitan Airports Commission (MAC) has submitted a petition requesting the annexation of 118.93 acres of the Airlake Airport into the City of Lakeville as shown on the attached map. This is the area of the Airport referred to as the south runway area. The MAC began reviewing the option of annexation approximately two years ago. The City Council discussed this request in January of 2016 and again in September of 2017 as part of a presentation of the update of the Long Term Comprehensive Plan for Airlake Airport. The City Council authorized this public hearing at the November 20, 2017 Council meeting. Minnesota Statutes 414.033 provides for a property owner to petition the City to annex up to 120 acres of land that is contiguous to the City. The City was required to provide 30-day notice to the affected township and adjacent property owners by certified mail prior to this public hearing. To date one property owner south of 225th Street contacted the City with several questions but did not object to the proposed annexation. Since this property is tax exempt and there are no private hangers on the property that pay personal property taxes, there is no property tax impact to Eureka Township as a result of this requested annexation. Primary Issues to Consider • What are the public benefits of the annexation of a portion Airlake Airport? The primary purpose of the annexation is to allow for the extension of City water and sewer service to the south runway area of the airport to facilitate additional private hanger development. Supporting Information • Resolution of Support from the Lakeville Area Chamber of Commerce Financial Impact: $0 Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: David L. Olson, Community and Economic Development Director January 2, 2018 195823v1 SUMMARY ORDINANCE NO. _____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE ANNEXING LAND LOCATED IN EUREKA TOWNSHIP, DAKOTA COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES § 414.033, SUBDIVISION 2(3), PERMITTING ANNEXATION BY ORDINANCE This ordinance annexes approximately 119 acres of real property to the City of Lakeville, pursuant to Minnesota Statutes Section 414.033, subdivision 2(3), which property abuts the City’s southern boundary and is located in the NW¼ of Section 4, Township 113, Range 20, Dakota County, Minnesota. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this ______ day of ______________, 2018. CITY OF LAKEVILLE BY: ________________________________ Douglas P. Anderson, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk 195768v2 1 ORDINANCE NO. _________ CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE ANNEXING LAND LOCATED IN EUREKA TOWNSHIP, DAKOTA COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES § 414.033, SUBDIVISION 2(3), PERMITTING ANNEXATION BY ORDINANCE WHEREAS, a majority of the property owners of the lands described below have petitioned the Lakeville City Council to annex this property to the City of Lakeville, pursuant to Minnesota Statutes Section 414.033, subdivision 2(3); and WHEREAS, the property is unincorporated and abuts the City of Lakeville, is less than 120 acres and is not presently served by public sewer facilities or public sewer facilities are not otherwise available, and; WHEREAS, the property abuts on the City of Lakeville’s southern boundary and is not included within any other municipality; WHEREAS, the area of land proposed for annexation, in acres, is approximately 119 acres; WHEREAS, the City of Lakeville held a public hearing pursuant to Minnesota Statutes § 414.033, Subd. 2b, on January 2, 2018, following thirty (30) days written notice by certified mail to the Eureka Township (“Township”) and to all landowners within and contiguous to the area legally described herein 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 LAKEVILLE, MINNESOTA ORDAINS AS FOLLOWS: 1. The property as described herein abuts the city limits and is or is about to become urban or suburban in nature in that urban industrial use is being proposed for said property, the construction of which requires or will need city services, including public sewer facilities. 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. 195768v2 2 3. The corporate limits of the City of Lakeville, Minnesota, are hereby extended to include the following described property, said land abutting the City of Lakeville and being 120 acres or less in area, which is not presently served by public sewer facilities or and for which public sewer facilities are not otherwise available, and the City having received a petition for annexation from all the property owners of the land legally described as follows: The NW¼ of Section 4, Township 113, Range 20, Dakota County, Minnesota, except for the following described parcels: Beginning in the northwest corner of the NW¼ of Section 4, Township 113, Range 20; thence South along the west line of the NW¼ to the intersection with the right-of-way line for the Minneapolis, Northfield, and Southern Railway which is the point of beginning of the parcel being described; thence southeasterly along the right-of- way line to the south line of the NW¼; thence westerly along the south line to the southwest corner of the NW¼; thence northerly ending at the point of beginning; And, Beginning in the northwest corner of the NW¼ of Section 4, Township 113, Range 20; thence, easterly along the north line for a distance of 1090.27 feet to the point of beginning of the parcel being described; thence S. 63º 09’ 55” E. for a distance of 940.66 feet, more or less; thence N. 23º 53’ 07” E. for a distance of 65.05 feet; thence easterly for a distance of 188.67 feet more or less; thence southeasterly for a distance of 47 feet; thence westerly for a distance of 156 feet more or less; thence southerly for a distance of 220 feet; thence easterly for 660 feet, more or less, to the east line of the NW¼; thence northerly to the northeast corner of the NW¼; thence westerly along the north line back to the point of beginning; And, Beginning in the Southeast corner of the NW¼ of Section 4, Township 113, Range 20; thence westerly along the south line of the NW¼ for a distance of 1127.5 feet; thence northerly for a distance of 297 feet; thence easterly for a distance of 687.5 feet; thence southerly for a distance of 82.5 feet; thence, easterly for a distance of 440 feet to the east line of the NW¼; thence southerly along the east line ending at the southeast corner of the NW¼. The above described property consists of a total of 119 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 hereto. 4. That the population of the area hereby annexed is zero. 5. The Property is tax exempt. The City of Lakeville will not provide any reimbursement to the Township for taxes under Minnesota Statutes § 414.036. 195768v2 3 6. 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 annexed, there are no special assessments or debt incurred by the Town on the subject area for which reimbursement is required. 7. That the City Clerk of the City of Lakeville is hereby authorized and directed to file a copy of this Ordinance with Chief Administrative Law Judge of the Minnesota Office of Administrative Hearings, the Minnesota Secretary of State, the Dakota County Auditor, and the Township Clerk. 8. That the Office of Administrative Hearings is hereby requested to issue its order approving this annexation. 9. This ordinance shall be effective immediately upon its passage and publication, and approval by the Office of Administrative Hearings, Boundary Adjustments, and State of Minnesota. ADOPTED this _____ day of _________________, 2018, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY:________________________________ Douglas P. Anderson, Mayor ATTEST: ___________________________________ Charlene Friedges, City Clerk WHEREAS, the Airlake Airport is a critical piece of infrastructure supporting the citizens and businesses of Lakeville and the surrounding area, and WHEREAS, the existing runway configuration does not allow many types of planes to take off with a full load of fuel, limiting their ranges, and WHEREAS, expanded runway space will encourage the construction of new hanger space, and increased business for the fixed base operator, and WHEREAS, the new configuration proposed by the Metropolitan Airports Commission will not alter Cedar Avenue, Holyoke Avenue, or the existing safety zone areas, and WHEREAS, the new plans do not expand the types of aircraft allowed to take-off or land, and should not result in a major increase in airport noise, and WHEREAS, this expansion may make the city a more attractive location for regional or national headquarters for business, therefore, BE IT RESOLVED THAT the Lakeville Area Chamber of Commerce supports the proposed update of the comprehensive plan for Airlake Airport, and encourages its adoption, and efforts to accommodate this expansion through annexation of airport property into the City of Lakeville. Adopted: Tuesday, September 19th, 2017 ______________________________________ ___________________________________________________ Mike Puppe, Chairman of the Board Phil Raines, Business Advocacy Committee Chair