HomeMy WebLinkAbout2.a. Furlong Annexation
EXECUTIVE SUMMARY
City Council Work Session Date: December 7, 2015
AGENDA ITEM: Discussion of Possible Land Acquisition -
Request by Thomas Furlong to Annex
Properties in Nininger Township
AGENDA SECTION:
Discussion
PREPARED BY: Kim Lindquist, Community Development
Director
AGENDA NO.
2.a.
ATTACHMENTS: Location Map; Memo from Furlong’s
Attorney, Excerpt from City Attorney about
Annexation, Minutes and Memo from
7/2014
APPROVED BY:
ddj
RECOMMENDED ACTION: Discussion Item. Staff is looking for direction from
Council whether there is interest in pursuing annexation of Furlong property.
ISSUE
City staff has been approached by Thomas Furlong to consider annexing property that he owns in
Nininger Township that is directly adjacent to Rosemount’s eastern border. The Furlong properties
contain the Emerald Greens golf course, two single family homes and about 120 acres of farmland.
Mr. Furlong understands that Rosemount does not have utilities to its eastern boundary and that
utilities likely would not be available for some time. Mr. Furlong would like to be annexed into
Rosemount so he can construct an RV park on the southwest corner of Goodwin Avenue and MN
Highway 55 and construct some townhouse units on the south side of the golf course. Mr. Furlong
proposes that the RV park would have a holding tank that is pumped weekly and that the residential
units would be served by a septic system. The zoning of his property in Nininger Township will not
permit the development plan desired and Mr. Furlong does not expect that Nininger would change
their zoning ordinance to allow the RV Park and multi-family units.
In July 2014, the Furlongs came before the Council at a work session to discuss the potential
annexation. At that time the Council expressed some interest, but raised several issues. The Council
indicated one of the main concerns relates to the properties along Furlong Circle. There was not an
interested in bringing the golf course property into the community if the residential lots stayed in
Nininger Township. Another request was to have the Furlongs meet with the Township to discuss the
long-term development plan for the site and also the potential of annexation into Rosemount.
The Furlongs representative has provided an update on this topic, which is attached. They indicate
that there was a meeting with Nininger representatives and the Township indicated they would not
support the proposed annexation. There have also been discussions with the property owners along
Furlong Circle. It is indicated that 6 of the 7 residential units have signed a petition indicating interest
in the annexation. The memo states that the “seventh home site has indicated interest in annexation
but has not signed the petition. The remaining portion of the “annexation area” is owned by the
Furlongs. In summary, there are 13 tax parcels with seven different owners. The vast majority of the
area is owned by the Furlongs, approximately 410 acres.
2
The Furlongs are ready to begin the annexation process and have provided a draft petition for
annexation. To begin the process, the City must approve a resolution of support for the annexation.
Specifically, it is assumed that the contested annexation process that would be followed is #3 in the
attachment from the City Attorney, which is prompted by an Owners Petition. “a petition of at least
20 percent of the property owners, or 100 property owners, whichever is less, from the area to be
annexed. Minn. Stat. 414.031, subd. 9(1)(3). An owner’s petition for annexation must be supported by
a resolution adopted by the city. Minn. Stat. 414.032, subd. 1(c). “
NEXT STEPS
If the Council is interested in annexation of the Furlong property, staff would recommend the
following actions:
Have City representatives meet with Nininger to discuss the annexation.
Have discussion about annexation process and costs associated with the City Attorney. The petitioner
should be responsible for city costs incurred.
A financial assessment of the tax and service implications associated with the annexation proposal.
Investigate the construction and maintenance of Furlong Circle.
Additionally, the ordinance currently would not allow an RV park in the AG-Agricultural zoning
District. If the Council would entertain annexation of the land, the Council should also consider the
level of interest for allowing an RV park. While the text amendment would be predicated on the
annexation, conditions for approval as an interim use should be investigated.
CONCLUSION
The Furlongs have addressed the questions asked previously by the Council regarding the opinion of
the Township and the properties along Furlong Circle. If the Council would like to entertain the idea
of annexation, staff has recommended some next steps prior to the Council taking any formal action.
Staff is asking for direction from the Council; should the Council wish to continue exploring the
annexation proposal or discontinue the process.
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Furlong
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TO: City of Rosemount & Kim Lindquist
FROM: Matthew Duffy & Mae Beeler
SUBJECT: Annexation Summary
FILE NO.: 15198-3
DATE: December 2, 2015
A. November 3, 2015 Meeting
On November 3, 2015, Thomas Furlong, Carrie Furlong, Thomas Furlong Jr ., Matthew Duffy,
and Mae Beeler met with Kim Lindquist to discuss the proposed annexation of approximately
450 acres (“Property”) located in Nininger Township (“Township”), Dakota County. In
preparation for this meeting, Ms. Lindquist sent the City of Rosemount July 1, 2014 City Council
Work Session and an Excerpt from the City of Rosemount July 1, 2014 City Council Work
Session Minutes. These documents are from previous planning sessions with the City of
Rosemount (“City”) and are attached to this memorandum. This memorandum serves as a brief
summary of what has transpired since the July 1 City Council Work Session.
As the City and City Staff are aware, the July 1 City Council Work Session considered the
proposed annexation of the Property but ultimately declined to conduct further review on the
issue until advised of the City Council’s view of the proposed annexation. One of the main
issues of the proposed annexation was that the previous plan excluded some property owners
in Furlong Circle and thereby created jurisdictional “islands.” This “island” concern was also
noted in a memorandum from Rosemount’s Interim Police Chief. Memorandums from
Rosemount’s Interim Police Chief and Fire were considered and are attached.
B. Proposed Annexation
The Property is directly adjacent to the City’s eastern border and consists primarily of income-
producing property. A majority of the Property is made up of Emerald Green Golf Course. In
addition to the golf course, there are seven home sites located at Furlong Circle, a few vacate
parcels of property, and farmland.
Within the Property, property owners intend to develop the following: 1) a recreation vehicle
campground; 2) a residential senior community to address the demand for senior-specific
housing; and 3) a few other home sites on the vacant parcels. Additionally, the Furlongs seek to
partner with Dakota County, the City, and other interested planning and transportation agencies
to connect the Mississippi River Trail with City’s recreational trails. The Furlongs are optimistic
that the development of a campground, senior housing, and trails will increase the number of
visitors to the Emerald Green Golf Course and the surrounding recreational areas. The
campground will be advertised as a family-orientated campground close to golf courses and
regional trail systems.
Annexation is necessary because the Township cannot or does not provide the enhanced level
of public services that are available through the City. Over the years, the Township has cut
back the number and amount of services it provides, instead relying on cities, such as Hastings,
to provide a bulk of the Township’s services. The Property is the furthest away from Hastings.
The City has the capability to provide the public services needed to improve the public, safety,
and welfare of the residents of the Property.
Moreover, the Township lacks the planning services, administrative services, and personnel
oversight to develop the Property. The majority of the Township is zoned agricultural and allows
only one single-family dwelling per quarter section (40 acres). The minimal governmental
services offered by the Township have resulted in excessive delay and costs when property
owners have applied for building permits, development permits, or licenses. This delay has
unnecessarily restricted even minor development of the Property.
C. Developments
Since the July 1 2014 City Council Work Session, at the City’s recommendation, the Furlongs
engaged in discussions with the Township regarding the proposed annexation. The Township
has indicated that it will not support the proposed annexation. Thus, the Furlongs seek to annex
the Property by petition pursuant to Minnesota Statutes § 414.031. Annexation by petition
requires support of 20% of the property owners in the area to be annexed. Since the July 1 City
Council Work Session, ten of the thirteen property owners have signed a petition in support of
annexation.
One of main concerns discussed during the July 1 City Council Work Session was that the
proposed annexation would cause jurisdictional “islands” within Furlong Circle, which could
complicate the dispatch of police and fire services. Under the current proposal, the annexation
would include all home sites located within Furlong Circle. This inclusion would eliminate any
“island” concerns. Of the seven home sites in Furlong Circle, the residents of six of the sites
have signed a petition indicating an interest in annexation. The seventh home site has indicated
interest in annexation but has not signed the petition.
In order to successfully annex the Property into the City, the proposed annexation will need the
support of the City. Accordingly, the Furlongs seek to work with the City throughout the
annexation process and afterwards to achieve mutually beneficial goals.
MMB: 4839-3219-4859, v. 1
EXCERPT FROM ROSEMOUNT CITY COUNCIL
SPECIAL WORK SESSION
JULY 1, 2014
2.B. Discussion of possible land acquisition to annex property in Nininger township
Community Development Director Lindquist presented a summary of the annexation issue at hand.
Furlong family would like to make changes to their land that would not be allowed by Nininger
Township zoning codes and they feel township will not change their stance to allow for new uses.
Current land is mainly a golf course. New development would include an RV park. Future uses
may be a townhouse development of some kind. Nininger Township is located to the east of the
current Rosemount city limits.
Staff has not fully evaluated based on planning and zoning, yet, as would like to be advised as to
Council's view on the subject before moving forward. No orderly annexation agreements are
currently in place. The other option would be for Furlong’s to petition for the annexation to occur
and it would be presented before an Administrative Judge. Lindquist stated some reasons why it
may be in the City's long-term interest to annex and staff will work more in-depth to determine
costs, benefits and other issues. Furlong’s currently pay approximately $75,000 in property taxes, of
which City might receive $30,000 if annexed.
Furlongs’ attorney stated the RV park may be more like an interim use for the property until the
services reached the property. Attorney has spoken with the attorney at Nininger township and are
working out what the next steps may be.
Discussion ensued about the surrounding lots and how the other residents in the area might feel
about the annexation. Councilmember Weisensel asked about the small areas in the area outlined in
orange on the map. Lindquist stated we don't want to annex those who don't want to be annexed,
and suggests the Furlongs be the petitioners instead of the City. Staff has not yet talked with
Nininger Township.
State annexation laws changed a few years ago and the Administrative Law Judge would decide the
financial issues, as well. It may be that City would have to pay Nininger Township for the loss of
taxes for a certain number of years.
Mayor Droste asked if Nininger is contracted with Hastings for services such as roads. An
independent contractor provides road services. Fire service is provided by Hastings.
Lindquist explained that annexation usually is triggered for a need to for services such as sewer and
water. Current zoning code doesn't allow for an R/V park. Staff had talked about an interim use
for an extended period.
Some of the neighbors to the property were in attendance and voices concerns about increased
traffic and other possible conflicts
Attorney for Furlongs stated that in their discussion with police, the main concerns were at Furlong
Circle. DeBettignes agreed that that street would need to be on board. If the City is open to
discussion the Furlongs will begin more formal discussion with the township.
EXCERPT FROM ROSEMOUNT CITY COUNCIL
SPECIAL WORK SESSION
JULY 1, 2014
Shoe-Corrigan stated concern about straying from current plans and Met Council requirements to
build out and not leapfrog out to outer borders. There is also no precedent for the City to annex
because the property is not in need of services. Lindquist stated that there may be a higher need for
services such as police and fire, if not water and sewer.
Another issue is the need for future residential developable land. The City is currently relying
strongly on a single owner (Umore) to provide land for future residential development. Lindquist
stated we need to have options for future development and not overly dependent on just a few
landowners. There may be discussion when doing the 2040 Comprehensive Plan around this issue.
DeBettignes stated he is not interested without inclusion of all the "islands" of land in and around
Furlong property. Shoe-Corrigan sees the benefits long-term, but would like more information to
determine whether it is in our best interest. Demuth stated her first choice would be for Nininger to
work it out, but if that's not an opportunity, then she agrees with staff pursuing more information.
Mayor Droste thinks R/V would be a good thing for the county, but also understands the rural
perspective. Weisensel stated we should pursue, but doesn't think residents will support it when
they see what will happen with their taxes.
Lindquist will bring further information to Council later in the year.
this is a new requirement, since 2006, and she could not recall any annexations that have occurred
since that provision was enacted. Additional discussion will be needed to understand the interpretation
of this requirement.
Staff has not contacted Nininger Township. Staff would like to understand the level of interest from
the City Council before contacting Nininger. Staff did not want to create any controversy with
Nininger if the City council has no interest in pursuing the annexation.
2
Annexation Options for the Furlong Property
1. Minn.Statute 414.031 Chief Administrative Law Judge's Order:
a. Resolution of the annexing municipality
b. Resolution of the township
c. Petition of 20 percent of the property owners
After at least 30 days and before 60 days, a judge is assigned to the annexation.
The judge has one (1)year to decide, court staff stated to expect 10 to 11 months.
The order(per Minn.Statute 414.036) "must provide a reimbursement from the municipality to
the town for all or part of the taxable property annexed as part of the order.The
reimbursement shall be completed in substantially equal payments over not less than two nor
more than eight years from the time of annexation. The municipality must reimburse the
township for all special assessments assigned by the township to the annexed property, and any
portion of debt incurred by the town prior to the annexation". Court staff has stated that this
statute was changed in 2006 and they could not recall on annexation that applied this statute
since the change.
2. Minn.Statute 414.0325 Orderly Annexation:
An orderly annexation agreement is used one time for a specific area with agreement of both
the City and the Township.
The agreement will negotiate relevant issues, including payments for lost tax base.
Notice in the paper within ten (10)days of both parties approval. Administrative law judge
issues an order after at least 30 days and before 60 days.
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Furlong Annexation
Address Estimated Land Value Estimated Bldg Value Total Estimated Value Property Tax
14690 Furlong Cir, Hastings, MN 55033 723,200.00 771,100.00 1,494,300.00 $25,872.36
14690 Furlong Cir, Hastings, MN 55033 268,400.00 0.00 268,400.00 $1,922.62
14690 Furlong Cir, Hastings, MN 55033 231,500.00 0.00 231,500.00 $1,657.90
14690 Furlong Cir, Hastings, MN 55033 385,700.00 18,800.00 404,500.00 $7,949.34
14690 Furlong Cir, Hastings, MN 55033 34,100.00 47,500.00 81,600.00 $1,282.42
14690 Furlong Cir, Hastings, MN 55033 597,500.00 0.00 597,500.00 $9,388.46
14690 Furlong Cir, Hastings, MN 55033 679,200.00 0.00 679,200.00 $10,671.76
14690 Furlong Cir, Hastings, MN 55033 357,300.00 31,300.00 388,600.00 $6,105.92
14690 Furlong Cir, Hastings, MN 55033 358,700.00 0.00 358,700.00 $5,636.44
14690 Furlong Cir, Hastings, MN 55033 122,300.00 360,700.00 483,000.00 $4,323.92
4,987,300.00 $74,811.14
4 ROSEMOUNT
POLICE DEPARTMENT
MEMORANDUM
To: Kim Lindquist, Community Development Director
Eric Zweber, Senior Planner
From: Bryan Burkhalter, Interim Police Chief
Re: Furlong Annexation
Date: June 24, 2014
We researched the types and frequency of public service calls at campgrounds in neighboring
jurisdictions. The calls were lower than what I thought they would be. I expected many calls
on intoxicated people and loud party complaints. I found very few of those types of calls. I
expressed my concern to the Furlongs on those types of calls specifically.
The Furlongs said they plan to have a family-oriented campground. Campfires would be out
by midnight and music would be off by 11:00 pm. They don't want a bad reputation to ruin
their campground. I asked what type of people they expect to see at the campground. They
want the golfing campers and the family campers. I asked about the temporary workers that
the refinery attracts and they advised that is not who they want to market their campground
to. They hope to have some people that rent a site for the whole summer and do a lot of
golfing. Their reason for the campground is to increase the rounds of golf played. The
Furlongs said that some courses have seen a 25% increase in rounds played by adding a
campground.
Another concern I had was the island of houses on Furlong Circle. Some houses would be in
Rosemount and others would remain in Nininger Township. This could cause issues with
jurisdictional authority. It would be much easier for Dispatch if there were no islands.
At this time, I have found no reason to oppose this annexation.
SPIRIT OF PRIDE AND PROGRESS
Rosemount City Hall 'i 2875 145th Street West 'i Rosemount, MN 55068-4997
Emergency 911 'i Non-Emergency 651-423-4491 1 TDD/TTY 651-423-6219 ï Fax 651-423-4485
www.ci.rosemount.mn.us
ROSEMOUNT
FIRE DEPARTMENT
To: Dwight Johnson, City Administrator
Emmy Foster,Assistant City Administrator
From: Richard Schroeder, Fire Chief
Date: June 25,2014
Subject: Annexation in Nininger Township
Recently I had the opportunity to meet with property owner Tom Furlong and his attorney
Matthew Duffy regarding their desire to have the City of Rosemount annex a parcel of property
from Nininger Township that is owned by Furlong. This property is to be used as a 200 plus
RV/tent campground area that will enhance profits to the Emerald Greens Golf Course.
The concerns that were addressed would be the possible increase in police/fire response. From
the fire department side, we are not all that concerned with the additional response that would
pertain to our services. The majority of calls out there would be medical related type calls and
the biggest foreseeable issue would be response time. The location of the campground would be
the farthest east response we would have, approximately a ten minute response from the time of
the page.
Another issue that was addressed would be the additional response time for the Healtheast
ambulance service. Depending on where they were stationed at the time of the call, their
response could be 15-20 minutes. This new area of response has not been addressed with them
at this date.
From the fire side of things, we are familiar with the area as we respond out there 2-3 times a
year for car accidents or residential fire alarms. We welcome the new area if the city decides to
annex this additional land. Feel free to give me a call if you have any additional questions.
Sincerely,
Richard Schroeder
Rosemount Fire Chief
SPIRIT OF PRIDE AND PROGRESS
Rosemount City Hall • 2875 145th Street West • Rosemount, MN 55068-4997
Emergency 911 • Fire Chief 651 -322-2066 • TDD/TTY 651 -423-6219 • Fax 651 -322-2069
www.ci.rosemount.mn.us