(Published in the Brainerd Dispatch, June 4, 2020, 1t.
(Published in the Brainerd Dispatch, June 4, 2020, 1t.)
O R D I N A N C E
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN PROPERTIES LOCATED IN OAK LAWN TOWNSHIP, CROW WING COUNTY, TO THE CITY OF
BRAINERD, CROW WING COUNTY MINNESOTA,
PURSUANT TO MINNESOTA STATUTE 414.033
THE CITY COUNCIL OF THE CITY OF BRAINERD DOES ORDAIN:
SECTION ONE: That Robert and Andrea Marohn, 11427 Easy Street, Brainerd, MN 56401, the fee owners of certain property in the County of Crow Wing, State of Minnesota, described as follows:
NW'LY 32 FT OF LOT 4 PINE SHORES First Subdivision, Crow Wing County, Minnesota.
P.I.N. # 81170603
filed a petition with the City Council of the City of Brainerd pursuant to Minnesota Statutes section 414.033, subdivision 2 (3). This property is located within Oak Lawn Township of Crow Wing County. This area contains approximately .61 acres of land.
SECTION TWO: That said realty abuts the City of Brainerd and is less than 120 acres in size.
SECTION THREE: That pursuant to Minnesota Statutes section 414.033, subdivision 13, the petitioner will see no change in their electric utility service at this time.
SECTION FOUR: That pursuant to Minnesota Statutes Section 414.033, Subdivision 2b, the City of Brainerd held the required public hearing and notified the Township along with all landowners within and contiguous to the area being annexed.
SECTION FIVE: Annexation of said realty to the City is in the best interest of the City and the territory affected and accordingly, said realty is hereby annexed to the City and zoned as R-1 (Single Family Residential) District so as to become and be part of the City and included within its corporate limits and boundaries thereof.
SECTION SIX: The property receives neither water nor sewer service through the municipal utility, Brainerd Public Utilities, nor any other municipal utility.
SECTION SEVEN: The property taxes payable on the annexed land shall continue to be paid to the affected town for the year in which the annexation becomes effective. If the annexation becomes effective on or before August 1, of a levy year, 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 town may continue to levy on the annexed area for that levy year, and the City may not levy on the annexed area until the following levy year. The first year following the year when the City could first levy on the annexed area, property taxes on the annexed land shall be paid to the City. However, the City shall make a cash payment to the town for the period and in accordance with the following schedule:
i.In the first year following the year the City could first levy on the annexed area, and amount equal to 90% of the property taxes distributed to the town in regard to the annexed area in the last year the property taxes from the annexed area were payable to the town;
i.In the second year, an amount equal to 70%;
ii.In the third year, an amount equal to 50%;
iii.In the fourth year, an amount equal to 30%; and
iv.In the fifth year, an amount equal to 10%
Pursuant to Minnesota Statutes section 273.13, subdivision 34, the property is exempt from property taxes due the property owner's status as a Disabled American Veteran.
SECTION EIGHT: The property is not in a floodplain but is shoreland. Existing City land use controls conform to State shoreland requirements.
SECTION NINE: This Ordinance shall take effect upon final approval by the Chief Administrative Law Judge of the Minnesota Office of Administrative Hearings and publication as required by the City Charter.
Adopted this 1st day of June, 2020
President of the Council
Approved this 2nd day of June, 2020