HomeMy WebLinkAboutResolution No. 504-09 MEN-,
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RESOLUTION
WHEREAS, on May 1, 2000, the Common Council of the City of Rochester and the Town
of Rochester executed a Joint Resolution for Orderly Annexation for Rochester Area #4 (a copy
of which is attached and incorporated herein); and
WHEREAS, paragraph 4 of the Joint Resolution allows land contained in the orderly
annexation area to be annexed to the City no earlier than January 1 of the year five years after
the substantial completion of a water or sewer project providing water or sewer service to the
area; and,
WHEREAS, a water or sewer project providing water or sewer service to the area was
substantially completed in 2004; and,
WHEREAS, the legal description for the area covered by the orderly annexation i
agreement is as follows:
That part of the Southeast Quarter of Section 13, Township 106 North, Range 14
West, Olmsted County, Minnesota, described as follows:
All of SOUTHPORT SUBDIVISION, SOUTHPORT SUBDIVISION
NUMBER TWO, SOUTHPORT SUBDIVISION NUMBER THREE,
SOUTHPORT SUBDIVISION NUMBER FOUR, SOUTHPORT
SUBDIVISION NUMBER FIVE, and SOUTHPORT SUBDIVISION
NUMBER SIX.
Also:
That part of the Northeast Quarter of the Northeast Quarter of Section 24,
Township 106 North, Range 14 West, Olmsted County, Minnesota, described as
follows:
Commencing at the northeast corner of said Northeast Quarter of the
Northeast Quarter; thence West, assumed bearing, along the north line of
said Northeast Quarter of the Northeast Quarter a distance of 363.40 feet
to the center line of the County Road No. 1 and the point of beginning;
thence continuing West along said north line 435.90 feet; thence South
200.00 feet; thence East 466.92 feet East to the center line of County
Road No. 1; thence North 08 degrees 57 minutes 30 seconds West along
said center line 94.94 feet; thence northerly along said center line on a
tangential curve, concave to east, radius of 11459.16 feet, central angle
00 degrees 32 minutes 14 seconds, 107.45 feet to the point of beginning.
Containing in all, 92.8 acres, more or less.
i
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This proposed annexation area is to include all public right-of-ways and
easements within the above-described areas; and,
WHEREAS; January 1, 2010, will be five years after the substantial completion of the
water or sewer project; and, .
WHEREAS, the Council wishes to invoke the procedure described in paragraph 4 of the
Joint Resolution and annex the land contained in the orderly annexation area; and,
WHEREAS, the orderly annexation agreement allows for annexation by resolution and
provides that the Minnesota Municipal Board may review and comment but shall, within 30 days
or receipt of said resolution, order the annexation of the area described in the resolution; and,
WHEREAS, the City's estimate of the population contained in the area to be annexed is
333 and the number of households contained in the area to be annexed is 136; and,
WHEREAS, the City's estimate of electrical service cost at the time of annexation is (a)
.09201 per kilowatt-hour from January through May. and October through December, and (b)
.1113.4 per kilowatt-hour from June through September; and,
WHEREAS, the amount of township taxes on the property to be annexed is $30,621.62
•and, in compliance with Minn. Stat. §414.036, the City states that there are no township special
assessments assigned or portion of township debt attributable to the property to be annexed.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the petitioned property described above is hereby annexed, added to and made
a part of the City of Rochester, Minnesota, as if it had originally been a part thereof.
BE IT FURTHER RESOLVED that this resolution shall take effect and be in force from
and after its filing of a certified copy hereof with the Minnesota Municipal Board, or its successor,
the Town of Rochester and the Olmsted County Auditor/Treasurer.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /107H DAY OF , JW&YIr3.s<_ , 2009.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST. UX�J
CITY CLERK
2
APPROVED THIS f 77H DAY OF /J6QEMTz3ZK— , 2009.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\OAA\Resl(Roch4)
3
BEFORE THE
MIN ESOTA STATE PLANT UqG DEPARTMENT
N THE MATTER OF THE DESCRIPTION OF )
AN UNICORPORATED AREA IN ROCHESTER )
TOWNSHIP AS N\N-EED OF ORDERLY ) JOINT RESOLUTION FOR
ANNEXATION AN7D CONFERRING JURISDICTION ) ORDERLY ANNEXATION
OVER SAID AREA Lit THE MNNESOTA ) (ROCHESTER AREA,4)
MUNICIPAL BOARD OR ITS SUCCESSOR )
PURSUANT TO MINNESOTA )
STATUES §414.0325, Subd. 1 )
WHEREAS, the City of Rochester (hereinafter "City") and Rochester Township (hereinafter
"Township") agree that given the potential health threat from individual sewage treatment systems within the
area designated in Exhibit A, there is a need for municipal sanitary sewer and water services; and
WHEREAS, the City and Township agree that orderly annexation and extension of municipal sanitary
sewer or water services to areas needing such service would benefit the public health, safety and welfare of the
entire community, and the City currently has authority to collect local sales tax funds to pay a portion of the
costs for the extension of sewer or water services to developed areas within the Township; and
• WHEREAS, the City and Township agree that there is a public need for the coordinated, efficient and
cost effective extension of City sewer and water in accordance with existing and future needs to promote the
public health and safety by protecting the region's ground water supply and surface waters; and
WHEREAS, the property described in the attached Exhibit A lies within the Urban Service Area of
Rochester, is presently urban or suburban in nature and predominantly small lots with pre-1970.septic systems
and the City is capable of providing public sanitary sewer, water and storm water facilities within a reasonable
time; and
WHEREAS, the extension of public sanitary sewer and water by the City can only be provided in
prioritized phases if the process and timing of annexation is clearly identified and jointly agreed upon in
advance of the capital planning, commitment and expenditure necessary on the part of the City; and
WHEREAS, the establishment of a process of orderly annexation of said lands will be of benefit to the
residents and owners of said lands, and permit the City to extend necessary municipal services in a planned and
efficient manner; and
WHEREAS, for the areas designated in Exhibit A, the City and the Township desire to accomplish the
orderly annexation of said areas and the extension of municipal services in a mutually acceptable and beneficial
manner without the need for a hearing before the State Planning Department (reference to the State Planning
Department is intended to include this or any other agency succeeding the Minnesota Municipal Board) and,
with the purpose of avoiding a dispute over the annexation of the property described in said Exhibit A, enter
• into this joint resolution for orderly annexation pursuant to Minnesota Statutes §414.0325, Subd. 1.
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NOW, THEREFORE, BE IT RESOLVED by the City of Rochester and the Rochester Township as
0-Alows:
1. The City and Township hereby designate that property situated in Rochester Township, County
of Olmsted, State of Minnesota, which is*legally described on the attached Exhibit A, which is incorporated
herein by reference, as in need of orderly annexation pursuant to Minnesota Statues §414.0325. For ease of
reference, the area legally described in Exhibit A is shown on the attached map, Exhibit B.
2. Rochester Township hereby withdraws any objections filed and agrees to not file any objections
with the State Planning Department, concerning the City's desire or request to annex any of the property
described on the attached Exhibit A. Rochester Township further agrees that if it has filed any objections with
the State Planning Department, to the annexation to the City of any of the property described in attached Exhibit
A, the filing of this Joint Resolution with the State Planning Department shall constitute sufficient notice of the
withdrawal of the objections. This agreement shall terminate if the City does not provide sewer and water
services to the area by January 1, 2007.
3. The lands designated in Exhibit A attached hereto shall be subject to future annexation to the
City pursuant to the terms and conditions of this joint resolution and shall constitute the "orderly annexation
area" otherwise described in this joint resolution. The City and Township agree that the area legally described
in Exhibit A is designated as in need of orderly annexation and contains approximately 92.8 acres.
4. Any part or all of the lands described in Exhibit A may, except as otherwise provided, be
annexed to the City no earlier than January 1 of the year five years after the substantial completion of a water or
wer project providing water or sewer service to the area. Substantial completion shall be when City issues its
initial certificate of acceptance to the sewer and water contractor, a copy of said certificate to be provided to the
Rochester Town Board. The contractor's two-year maintenance obligation commences with the issuance of this
initial certificate of acceptance.
5. Annexation under this joint resolution shall be initiated by the adoption of a resolution by the
City. No review by or recommendation from the City of Rochester Planning and Zoning Commission regarding
the adoption of a specific annexation resolution is necessary, except as is hereinafter provided.
6. Upon the occurrence of any event triggering annexation as provided in sections 4 and 7 of this
Joint Resolution for the area designated in Exhibit A or any portion thereof, the City may initiate annexation of
any area designated in Exhibit A by submitting a resolution so providing, along with'a copy of this Joint
Resolution, to the State Planning Department, Rochester Township, and the Olmsted County Auditor/Treasurer.
The resolution for annexation shall contain the boundary description of the area to be annexed and, pursuant to
Minnesota Statutes Section 414.01, subd. 14 and Section 414.0325, subd. la, shall contain the City's estimates
of the population and number of households contained in the area to be annexed and the estimate of electrical
service cost differences at the time of annexation.
The City and Township agree that no alteration of the stated boundaries is appropriate, that no consideration by
the State Planning Department is necessary, and that all terms and conditions for-annexation of the area legally
described in Exhibit A, or any portion thereof, are provided for in this Joint Resolution. Pursuant to Minnesota
Statutes Section 414.0325, upon receipt of a resolution of any signatory to the Joint Resolution for annexation
is the area described in Exhibit A, or any portion thereof, the State Planning Department may review and
comment, but shall, within thirty (30) days of receipt of said resolution, order the annexation of the area
described in the resolution in accordance with the terms and conditions of this Joint Resolution.
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7. Notwithstanding the annexation time line set forth in paragraph 4, any lands contained in the
` orderly annexation area may be annexed to the City prior.thereto upon adoption by the City of a resolution
\'; following the procedures as prescribed in paragraph 6 and whenever:
(a) a landowner abuts the City limits and said landowner files a petition for annexation with the
City. In such instance, review by the Rochester Planning and Zoning Commission shall not be
required prior to the City acting upon said petition;
(b) a landowner seeks to develop a residential, commercial, industrial, or governmental use on land
which is platted or subdivided or which is proposed to be platted or subdivided for development
at a density of more than one unit per 40 acres. In such instances, the City may immediately
annex the area proposed to be developed and the adjacent necessary land which, in the City's
discretion, is needed to extend municipal sewer or water service to the area to be annexed; or
Provided further, that the parties hereto may revise the annexation schedule otherwise set forth in
paragraph (4) upon the recommendation of the Olmsted County Health and Planning Departments that the
continued use of private sewer systems in the orderly annexation area present an immediate threat to public or
private water supplies.
8. Pursuant to the provisions of Minnesota Statutes §414.0325, Subd. 5, the Township agrees to
exclude the area identified in Exhibit A from its zoning and subdivision controls prior to annexation upon the
City's extension of its municipal planning and land use controls to the property, and agrees not to object when
the City seeks County exclusion of its planning and land use controls in this area. To establish its municipal
planning and land use controls, the City shall adopt a resolution identifying the boundaries of the real property
• subject to municipal controls and the specific zoning districts) classification(s) of the subject lands as defined
under the Rochester Zoning Ordinance and Land Development Manual. A copy of the resolution shall be filed
with the Township; the Olmsted County Administrator, and the Olmsted County Recorder's Office.
9. Lands ordered annexed pursuant to this joint resolution shall not be subject to any differential
taxation as referenced in Minnesota Statutes §414.035. Property taxes payable on annexed land shall continue
to be paid to the Township for the entire year in which the annexation becomes effective. If an annexation
becomes effective on or before August 1 of a levy year, based on the date specified in the order from the State
Planning Department,-the City may levy on the annexed area beginning with that same levy year. If the
annexation becomes effective after August 1 of a levy year, the Township may continue to levy on the annexed
area for that levy year. Thereafter property taxes on the annexed land shall be paid to the City.
10. The City shall, in appropriate circumstances, provide notification that the cost of electric utility
service to the customers on the property subject to this joint resolution may change when the land is annexed to
the City if and when the provider of electrical service is transferred from People's Cooperative Power
Association to Rochester Public Utilities. As of the date of this joint resolution, the estimate of the difference in
overall electrical service costs between the two providers is minimal. A resolution of the City to annex certain
property subject to this joint resolution;as referenced in paragraph 7, shall contain a cost estimate of any change
in electric utility services, including rate changes and assessments resulting from the annexation.
11. It is the City's intention to provide only sanitary sewer and/or water service to developed lands in
the annexation area prior to annexation pursuant to this joint resolution. Thereafter, any other or additional
• local improvements may be installed by the City in an annexed area:
(a) upon a petition brought pursuant to Minnesota Statutes, Chapter 429, by the benefited
property owner or owners; or,
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(b) when three-fourths (3/4) of the City Council determine that it is in the public interest of
the residents of the City and of any lands to be assessed to construct such local
improvement; or,
(c) when the City and Township enter into an Intergo�•erment Agreement providing for the
sharing of costs for the local improvement where the sharing of costs is based on the
number of years the improvement shall be in the Township as compared to the
improvement's life expectancy.
12. The City shall have exclusive control over the nature and extent of the installation of municipal
sewer or water. This includes the design and construction of any sewer or water system serving an area of the
Township prior to annexation. The Township, by this agreement, does hereby authorize the City to enter upon
the Township roads for the purpose of constructing, installing, and maintaining any and all sewer and water
facilities, without the need for any further permit or easement. The City agrees to reconstruct any township
roads disturbed by the sewer and watermain construction to the same width and elevation applying City
construction specifications. Manhole castings shall be set at an elevation at or below the final street grade. The
City shall reimburse itself for the cost of installing municipal services by entering into connection agreements
with individual property owners. The City and Township recognize that the connection agreements will require
payments by the property owners prior to annexation of the property into the city, and that the payments are
appropriately levied as unpaid charges pursuant to Minn. Stat. Chapters 429 and. 444. The City shall furnish to
Township by November 15`h of each appropriate year a list of properties subject to connection agreements and
the amount of special assessments to be collected from each property. The City shall also provide a list of those
properties for which delinquent water and sewer bills are outstanding. The Township shall certify, on behalf of
the City, these amounts to the Olmsted County Auditor/Treasurer for inclusion in the Real Property Tax
• Statement due and payable in the following calendar year. The certification shall direct the Olmsted County
Auditor/Treasurer, to collect and disburse the assessment amounts directly to the City of Rochester. In the
event the County Auditor/Treasurer is unwilling to disburse the funds to the City, the Township shall remit
these funds to the City within 30 days of its receipt of the funds from the County. The City shall assume the
responsibility for certification of the special assessments and service charges upon annexation of the properties
into the City.
13. Nothing in this joint resolution shall relieve the Township of its responsibilities for the regular
and normal maintenance of the existing infrastructure of roads, drainage facilities, and street signs until the
property described in the attached Exhibit A has been annexed into the City.
14. Disputes and Remedies. The City and Township agree as follows:
a. Negotiation. When a disagreement over interpretation of any provision of this Joint Resolution
shall arise, the respective City and Township will direct staff members as they deem appropriate
to meet at least one.time at a mutually convenient time and place to attempt to resolve the dispute
through negotiation.
b. Mediation. When.the parties to this Joint Resolution are unable to resolve disputes, claims or
counterclaims, or are unable to negotiate an interpretation of any provision of this Joint
Resolution, the parties may mutually agree in writing to seek relief by submitting their respective
grievances to non-binding mediation.
C. Adjudication. When the parties to this Joint Resolution are unable to resolve disputes, claims or
counterclaims, are unable to negotiate an interpretation of any provision of this Joint Resolution
or are unable to agree to submit their respective grievances to non-binding mediation, either
party may seek relief through initiation of an action in a court of competent jurisdiction. In
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addition to the remedies provided for in this Joint Resolution and any other available remedies at
law or equity, in the case of a violation,. default or breach of any provision of this Joint
•� Resolution, the non-violating, non-defaulting, or non-breaching party may bring an action for
specific performance to compel the performance of this Joint Resolution in accordance with its
terms.
15. Modification/Amendment. This Joint Resolution shall not be modified, amended; or altered
except upon the written joint resolution of the City and the Township duly executed and adopted by the City
Council and Township Board of Supervisors and filed with the State Planning Department.
lb. GoverninQ�Law: Severability. This Joint Resolution for Orderly Annexation is made pursuant to,
and shall be construed in accordance with the laws of the State of Minnesota. In the event any provision of this
Joint Resolution is determined and adjudged to be unconstitutional, invalid, illegal or unenforceable by a court
of competent jurisdiction, the remaining provisions of this Joint Resolution shall remain in full force and effect,
and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this
Joint Resolution or other appropriate actions as shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the parties hereto.
17. Entire Azreement. The terms, covenant, conditions, and provisions of this Joint Resolution,
including the present and all future attachments, shall constitute the entire agreement between the parties,
superseding all prior agreement and negotiations, regarding the annexation area. This Joint Resolution shall be
binding upon and inure to the benefit of the respective successors and assigns of the City and Township.
18. Effective Date: Termination. This resolution shall be effective immediately upon its adoption by
•the parties and its filing, by the City and Township, with the State Planning Department. The obligations of the
parties to one another according to the terms of this resolution shall terminate at such time that the entire area
designated in Exhibit A has been annexed to the City, or at such time that the City and Township mutually
agree in writing that this joint resolution shall be terminated.
19. Notices. Any notices required to be sent under the terms of this agreement shall be considered
sufficient notice if mailed by first class U.S. mail to the City of Rochester, City Administrator's Office, 201 4th
Street SE, Rochester, MN 55904, and to Rochester Township, Rochester Tovtiziship Clerk,
Rochester, NN 5590_.
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PASSED. ?.I`M ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER,
MNNESOTA THIS /ST DAY OF 2000.
IDENT OF S OMMON COUNCIL
ATTEST: �
CItY CLERK j
APPROVED THIS W0 DAY OF , 2000.
':,� '
Z//
MAYOR OF AID Y
(Seal of the City of
Rochester, Minnesota)
PASSED AND ADOPTED BY THE ROCHESTER TOWNSHIP, OLMSTED COUNTY,
MINNESOTA,THIS DAY OF 4 , 2000.
CHAIRMAN OF TOWN BOARD
ATTEST:
TO' LERK
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Exhibit "A"
Rochester Township
Orderly Annexation :Y
Area #4
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Rochester Township
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ORDERLY ANNEXATION EXHIBIT B
(AREA #4)
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CITY OF ROCHESTER �' � DATE: 02/25/00
ROCHESTER, MINNE.SOTA `on—ftkn Dsq;m n Lond S.—eyon
Accr No. : 0007/O0S9
55901
164.9 3rd AYE. °..� .L�U:wtw, lgL 55M4 507-219-3919 CAM NO. : 0059
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Consulting - _� _ Betts Inc.
Engineers Land Surveyors
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Planners
1648 Third Avenue S.E.,'Rochester, N 55904 507-28 -
1604 Riverview Lane, Northfield, MN 55057 g 3919 Fax 507-
507-645-0964 Fax 507-645-733645-2842
Proposed Orderly Annexation Description
For: City of Rochester
Date: February 17, 2000
All of SOUTHPORT SUBDIVISION, SOUTHPORT SUBDIVISION NUMBER
TWO,
OUR,
SOUTHPORT SUBDIVISION NO. 3, SOUTHPORT SUBDIVISION NUMBER F
SOUTHPORT SUBDIVISION NUMBER FIVE and SOUTHPORT SUBDIVISIO
SIX, all in the Southeast Quarter of Section 13, Township 106 North,-Ran e 1 N NUMBER
Olmsted County, Minnesota. 9 4 West,
Also:
That part of the Northeast Quarter of the Northeast Quarter of Section 24, Town
North, Range 14 West of the 5th Principal Meridian, described as follows: ship 106
• Commencing at the northeast corner of said Northeast
thence West, assumed bearing, along the north line of said Northeast Quarter ofQth Quarter;
Northeast Quarter a distance of 363.40 feet to the center. line of the public road an e
point of beginning of the land to be described; thence continuing West along said ndo the
rth
of 435.90 feet; thence South 20.0.00 feet; thence East 466.92 feet to the center line north line
public road; thence North 08 degrees 57 minutes 30 seconds West along said centerline.
94.94 feet; thence northerly along said center line on a tangential curve °f said
radius 11459.16 feet, central angle 00 degrees 32 minutes 14 seconds
concave to east,
Point of beginning. ,107.45 feet to the
Containing in all, 92.8 acres, more or less.
This proposed annexation area is to include all public right-of-ways and easements
the above described areas. within
K.M.McGhie,PE,LS, 190d_1975
Douglas N.Betts•PE,LS,Vice President William E. ointon,CET,President James E- E.Swanson,LS,vice President
dark severtson, LS Andrew J.Masterpole•ASLq David
l Morritt
Larry J.Shannon,LS ,PE,Vice President
Daniel J.Zemke,PE Michael E.Gowin,PE,LS
An Equal O. unity=mPloYer Gregory FL9ond.PE
�porr
SURVEYOR'S AFFiDAV1T
l Larry�. Shannon
hereby Shannon, a Land Surveyor
attached f' that the attachedY0r licensed under the !a
EXHIBIT A, Rochester TownsEXHIBIT B describes the laws °f the
Townsh! State of Minnesofa,
P Orderly Annexation e propel'as shown on the
3 n Area #4
o
Date
D
Larry J. S
STATE OF ° , LS 16096
MINNESOTA )
COUNTY OF DODGE ) SS
The fore )
9o►n9 instru
• LSnt 6096cknowledged before
me this
by Larry j. Shannon
day of March, 2000
•a -
Notary Public, Dodge Coun
tY, MN
( -
This instrument was My Commission Expires:
Prepared by:
McGf-IIE& BE77-S INC.
'648 SE Third Av-
Rochester, MN nUe ~� � �1A AAYis
PH: 5071289- $5904 �...., ► T'Vtt'PUBUC-k4FF11V A
FAX:507/289_3919 CQ Q4 Evirs.tzrt 31,2pp5
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