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HomeMy WebLinkAboutIX-01 Public Hearing - Ordinance Amendment - Annexation - Best Development (TH 316 & Michael Avenue) City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: January 18, 2022 Item: Public Hearing: Ordinance Amendment - Annexation - Best Development (TH 316 & Michael Avenue) Council Action Requested Open a public hearing in consideration of the attached ordinance amendment to allow annexation of property into the City of Hastings. The 71 acre parcel is owned by Best Development Company and located east of TH 316 and Michael Avenue. Following any public testimony, the Council should table the public hearing and consideration of the ordinance amendment until the February 7, 2022 City Council Meeting. The City Council considered 1st reading of the ordinance amendment and ordered the public hearing at the December 6, 2021 meeting. Approval requires a simple majority of Council. BACKGROUND The original annexation application was submitted by Summergate Development in conjunction with a purchase agreement for development of the property. The purchase agreement between Summergate and property owner Best Development Company has since been cancelled. Best Development has assumed position as both applicant and property owner for the annexation application and continues to seek approval. Best is in negotiations with a new development entity who seeks purchase and development of the property. Staff has had preliminary conversations with the new potential developer and it appears there would be changes to the concept plan developed by Summergate. Staff believes a new purchase agreement and concept plan will be available prior to the February 7th City Council Meeting to allow more informed consideration of the action. Notice of the revised action would also be mailed to property owners within 350 feet of the property. Attachments: • Location Map • Ordinance Amendment - Annexation IX-01 LOCATION MAP IX-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2021-___ AN ORDINANCE OF THE CITY OF HASTINGS EXTENDING ITS CORPORATE LIMITS TO INCLUDE CERTAIN LAND ABUTTING THE CITY WHICH IS OWNED BY BEST DEVELOPMENT COMPANY LLC PREAMBLE WHEREAS, the City of Hastings has received a petition from Best Development Company, LLC (“Petitioners”) seeking annexation of land to the City of Hastings, and; WHEREAS, the Petitioners have represented to the City of Hastings that they are the sole owners of property generally located north and east of TH 316 and Michael Avenue, and identified as PID 25-00200-51-012 and 25-01100-27-012. The property is legally described as follows: That part of the South Half of the Southwest Quarter of Section 2, Township 114, Range 17, Dakota County, Minnesota lying north and east of CSAH #316, except that Parcel 16 MN DOT ROW Plat 19-138. AND That part of the west 100 acres of the Northwest Quarter of Section 11, Township 114, Range 17, Dakota County, Minnesota lying north and east of CSAH #316, except that Parcel 16 MN DOT ROW Plat 19-138. WHEREAS, the property is unincorporated; it abuts the limits of the City of Hastings; is not included within any other municipality; is not included in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; and is approximately 71.0 acres in size, and; WHEREAS, the City of Hastings held a public hearing pursuant to Minnesota Statutes 414.033, Subd. 2b, on January 18, 2022, following thirty (30) days written notice by certified mail to the Town of Marshan (“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. IX-01 ENACTMENT Section 1. The City Council hereby determines and finds that the property described above abuts the City of Hastings; that the area to be annexed is 120 acres or less, that the property is not included in any area that has already been designated for orderly annexation pursuant Minn. Stat. 414.0325; that the City of Hastings received a properly prepared Petition for Annexation signed by all of the owners of the property; and that the Petition for Annexation complies with all of the provisions of Minn. Stat. 414.033. Section 2. The property is urban or suburban in character and is in need of City services which can be provided by the City of Hastings. Section 3. The corporate limits of the City of Hastings are hereby extended to include the property described above and that same property is hereby annexed to and included within the City of Hastings as if the property had originally been a part of the City. Section 4. The City Clerk is directed to file a certified copy of this Ordinance with the Minnesota Office of Administrative Hearings; Marshan Township; Dakota County and the Minnesota Secretary of State. Section 5. Property taxes payable on the annexed land shall be paid to Marshan Township for year 2022, the year in which the annexation becomes effective, in accordance with Minn. Stat. 414.033, Subd. 12. Section 6. The City of Hastings, pursuant to Minn. Stat. 414.036, shall provide reimbursement to Marshan Township to compensate the Township for loss of taxable property in the amount of eight hundred ninety dollars and forty-six cents ($890.46) payable in two annual payments: (1) on January 2, 2023 in the amount of $445.23; and (2) on January 2, 2024 in the amount of $445.23. Section 7. Pursuant to Minn. Stat. 414.036 with respect to any special assessments assigned by Marshan Township to the annexed property and any portion of debt incurred by the Township prior to the annexation and attributable to the property to be annexed, there are no special assessments or debt incurred by the Township on the subject area for which reimbursement is required. Section 8. This Ordinance shall become effective upon its passage, seven days after its publication, the filing of the certified copies as directed in Section 4 and upon approval of this Ordinance by the Minnesota Office of Administrative Hearings. Adopted by the Hastings City Council on January 18, 2022, by the following vote: IX-01 Ayes: Nays: Absent: ATTEST: __________________________ Mary D. Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th day of January 2022 as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 IX-01