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HomeMy WebLinkAbout5.b. U of M Annexation c � �� � rl (;( x ,1n . . ����'� �� ,. � Z��� l� � N nr . . , y � � � � ; !i'.�T!{ I �, � ,e�� ` � Rf?SFMC�I�N� h1INPJE ,(1)/� ',�:trr;Y . ;�;��� ��� osernr�u.r�,� �., �,, :, ,, , �� ��� �� � T0: riayor Hake �T.�� �.�3, Goun�ilmembers: Napper Oxborough Walsh Wippermann F�tOM: Stephan Ji1k, Administrati.an/C1Qrk DATE: October 2$, 198$ RE: University of Minnesota Rosemount Property Annexation Discussion Attaehed is a letter af response from Rager Knutson regarding hi.s research for consideratian of the annexation of certain properties owned by the University of Minnesota in Empire Township. The letter outlines, I �elieve, the chances of our sticceedin� at the annexation attempt and, more importantly, what we may gain by this annexation if in faet it would occur. In very few words we can sum up our chances and that is "slim to none" unless the University and Empire Townshig suppart the action. I believe that is quite unlikely. And, if we were to succeed, Qur control over the property would not change as 1,ang as the University retains ownership. I have not contacted officials of Empire Townshi� to cliscuss the concept of annexation with the recei�t of thi� letter becausP I felt it would be fruitless to do so until I h�ve further direction to do so following discussion on Roger' s letter. In light of this report from Roger, I would suggest that we consider other methods of getting the University ta cooperate with us in planning the use and development of their property in Rosemount . . �. � • LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON Dav►fl L.GxnNrris- 1A74-i961 PrtaFesstor�hr.Assoc��r�oN T�Lecor�Ert: Devio I.,Gn�rtws.JR.- (g10-1980 P<�sr ppFir_r:I�x 57 t(12)455-2359 VANCE B.GRAWNiS �3 NORWFST�ANK BUlLDING ELLi()'i'f B. Kt3@'TSCH VANCE B.GRANNIS. R. MtCHAEL j.MAYER J 1�1 IVORTFI CONCORD FXGFiANGE ,I,��Q,�Y PATRICK A. FARRELL J.B£RG DAVID L.CrRANNfS,tit Sou'rH Sr. FAuc, M�NxFso7A 55075 ROGER N. KNt)'t'SOPJ aAViD L. HARMEYF:ft T6LF.PHONE(fif2)453-iC�I October 7, 1988 Mr. Stephan Jilk ' Rosemount City Hall 2875 - 145th Str�et West Rosemount, Minneso�a 55068 RE: Ann�xation of University of 1�inr�esota Property Dear Steve: Minnesota Statutes § 414.031 sets out the app�.icable pracedure for annexation. The Municipal Baard is requa,recl to consider thirteen (13) faetors in eonsidering an annexation petition. After considering those factors the Board has the power to approve the annexation or�ly if it finds that one 4f the following conditions exist: ( 1y the property is about to beeome � urban in character, or (2) the annexation is necessary to pr+�tect the publi.c health, safety, and welfare, ar 43) the annexation is in the best interest of the property. My eonc3usion is that at the present time the preconditians for annexatian are not rnet. The property is not about to become urban in character. The I property is not in the process af developing and is outside the City' s MUSI� line. Since the property is ownec� by tt�e t3niversity tl�e City cQuic� do nothing to prevent publie health, safety, and welfare problems. Under Article 3, Section 3, o€ the MinnesQta Constitution the University property, even if withi.n the corporate limits of the City, is exempt fro�n City regulations. The constitution grants the Board of Regents the exclusive authority "�to gouern" the Uni.versity. According to the Attorney General the University is "obviously beyond administrative control by any other body. " Att. Gen. Opp. 618C, May 26, 1933, capy enclased. Since the t�niversity praperty is beyond the City's power ta regulate, it would be difficult to argue that the annexation is in the best interest of the property. � . . � � Mr. Stephan Jilk - Annexation October 7, 1988 Page Two Since the City cannot regulate the pzoperty even if annexed and since it cannot be �axed, the City would gain I.ittle or nothing by the annexatian. When the property is sold and developed the issue should be reviewed at that time. �'"-------. tVery truly urs, GR NIS, FA ELL & KN ON, -- -�— BY• oger . son RNK:srn Enclosure cc: Dean Johnson