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HomeMy WebLinkAbout6 - Annexation Policy Second Draft AGENDA ITEM: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 20)1 18J$jV' 6 DAVID J. UNMACHT, CITY MANAGER CONSIDER SECOND DRAFT OF ANNEXATION POLICY AND PROCESS JULY 16, 1990 On Mar 21, 1990 and July 2, 1990, the City Counc11 discussed the issue of annexation and a proposed Annexation Policy and Process. Direction was provided to staff on July 2 to amend the proposed Policy and resubmit to City Council for ap~rova1. Attached is a copy of an amended Pol1cy along with the Process for your consideration. Please note the highlighted amendments for your easy reference. There are three amendments in the Policy with each addressing the concerns as identified by the City Council on July 2, 1990. The amendments deal with the fees or costs for petitioning applicants and the creation of evaluation standards in considering petitioning annexation requests. Staff believes that incorporating evaluation standards into the Policy is a good idea, however, staff is careful to point out to Council that these standards should be minimum only, and not meant to be all inclusive. By incorporating minimum standards into the POlicy, staff is givin9 the applicant direction and guidelines 1n terms of what basis or factors will be used to determine the success of a particular petition. However, at the same time the Council is not limiting themselves to just those particular items listed in the Policy. Staff has amended the five standards which were found in the staff summary from the July 2 agenda packet and incorporated them into the Pol1cy. with respect to fees, staff's intent is to incorporate both the filing fee and %2' .akCDta St. S.E., P'riCDr Lake, MinnesClta 55372 / Ph. (612) 447-423' / Fax (612) 447-4245 ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: CITY MANAGER'S NOTE: reimbursement fee concept into one statement. The intent of condition '3 in the Policy is that each submittal will require a filing fee which will go towards the overall cost of the annexation work. Staff will monitor and keep track of the time s~ent on an hourly basis in evaluating and work1ng on this process, with a maximum out of pocket expense of $2500 ~er applicant. This is an attempt to recogn1ze the "reasonableness" of this fee, while at the same time giving the applicant an idea of what his or her potential costs are. The Council has the following alternatives: 1. Adopt the Annexation Policy and Process as amended. 2. Make proposed changes at the Council meeting and adopt the Policy and Process after discussion. 3. Table the Policy and direct staff to conduct further research Staff recommends either Alternatives #1 or #2. This POlicr will provide much needed direction to the C1ty Council, City staff and the community with respect to Council's position on annexation. Although not all encompassing, it will serve as a useful guide between now and when all participants in City Hall and the community have valuable experience in this process. This Policy is designed to be amended and evaluated at various times and can be adjusted by the Council as you so determine. Motion to adopt the Annexation Policy and Process is in order. Debra Meyers will be in attendance at the meeting requesting that the City Council allow her to extend sewer and water to her lot in Spring Lake Township without going through the annexation process. It is staff's position that Ms. Meyers should proceed through the process as established by the City Council prior to receiving sewer and water. Staff believes that the precedence established to allow sewer and water extensions without being incorporated into the City limits would be unwise. CITY OF PRIOR LAKE On November 22, 1972 the City of Prior Lake entered into an Orderly Annexation Agreement with Spring Lake Townshi~. The A9reement set forth parameters for the annexation of certa1n land wIthin Spring Lake Township either contiguous to or adjacent to the City of Prior Lake. The daily reference and practical application of this A9reement had essentially ceased over 10 years ago. Increasing 1nterest and inquiries into annexation have resulted in a renewed evaluation of the Agreement, its parameters and requirements. Two specific annexation and/or utility extension requests are pending, thus, requiring the City council to develop a policy on the process of annexation. ANNEXATION POLICY The Citr of Prior Lake supports the use of the orderly Annexat10n Agreement Process. This process is regulated by Minnesota statutes 414.0325. This ~recedence has been established since 1972 with the orig1na1 agreement which exists today. The Municipal Board promotes the use of order1r annexations because that process emphasizes "negot1ation and agreement". The City of Prior Lake may initiate an annexation action on its own. This action would be initiated by the adoption of a Resolution pursuant to Minnesota Statutes 415.0325 Subdivision 1. Prior to the adoption of a Resolution, the City Council will, at their sole discretion, determine that annexing a certain portion of land(s) within the existing orderly annexation area is consistent with the goals of the Comprehensive Plan. The Cit~ Council will, prior to adopting the Resolution, direct the C1ty staff to conduct sufficient research to assist them in determining the ultimate costs and benefits of this annexation. The City of Prior Lake will facilitate the processin9 of petitions or applications for annexation to the Citr w1thin the orderly annexation area under the follow1ng three conditions: 1. Applicant submit in writing a petition or request. 2. Applicant complete a stipulation form as ~rescribed by the Munici~al Board. This form is des1gned (and consistent w1th the Citr's intent) for the applicant to submit suffic1ent base data for the City to make an evaluation of their request. A stipulation form re9Uirement is designed to address requirements outl1ned in Minnesota statutes 414.0325 Subdivision 3. A stipulation form is attached as an addendum to this policy. 1 0- lJJ.- hV I I/'~'~ ~ ~ .. I;.~ (}- t. t)- jY Applicant submit a $500 filing fee along with the submittals. Applicant will be responsible for possible additional costs up to a maximum out of pocket expense of $2500. All expenses will serve as a reimbursement for staff time as determined on an hourly basis by the citI Manager. (Reimbursement of a portion of the fi1 ng fee may be allowed if actual costs are less than $500.) It is the applicant's responsibilitr to undertake an evaluation and provide information 1n support of their request pursuant to the re9Uirements set forth in Minnesota statutes 414.0325 Subdiv1sion 1-5. It is the City'S responsibility to process the request by reviewing submittals for completeness, evaluating the information and making a determination as to an affirmative or negative position on the request. 3. The City of Prior Lake may consider annexation requests that do not have an orderly annexation a9reement in place. If a request is made, the following cond1tions will apply: 1. All conditions found in previous process above shall also apply here. 2. Guidelines for action will be determined by the applicable Minnesota statute section in Chapters 414 "Incorporation, Detachment and Annexation". It is the pOlicr of the City of Prior Lake to enter into an Orderly Annexat10n Agreement prior to annexing any property. All efforts will be made to that extent where possible. However, in the event an orderlr Annexation Agreement cannot be successfully attained, the C1ty maintains the prerogative to initiate or consider annexation proceedings pursuant to Minnesota statutes. It is a pOlicr of the City of Prior Lake to be objective in their evaluat10n of annexation petitions and requests. To further this objectivity, some form of evaluation standards must be present in order for the City Council to take a position on a ~articular annexation proposal. It is difficult to pred1ct all of the conditions and standards that must be evaluated on each request, however, the following will serve as the minimum standards necessary for the City Council to analyze prior to making a decision on an annexation proposal: 1. Is the request consistent with the Citr's Comprehensive Plan and/or can the Comprehens1ve Plan be amended successfully without a great deviation from the.. exist. 1.'.ngplan .fO~,~ /e area? ~JJ4^-1'0-~iA~,:::....(~\/j " , How-thofough--anct-cemp-lete 1S the s 1pulat10n form as submitted / by the applicant? Does the stipulation form address all of the requirements as noted in Minnesota statutes 414.0325, subdivision 3? 2. 2 o ! \ o \ </ ,./ \:;' JXl .(. -} ~ 'M ff;{q: Can the City extend services to the surrounding developing areas and annex those areas without at the same time incurrin9 a heavy financial responsibility that can only be met by an increase I k' in taxes, fees or charges? tl, ('/Y1',,~J'G v':"-M "t':~ '-./ What will be the effect of annexation on residents, land owners and property in the area to be annexed? How much revenue can and will be obtained through) ~,~r' taxes and other charges levied against the area? c_ ,tYJ y);{J - L'tf (}~)i present zoning and development status ~~ available in the area, and what is the intention for future development of J 'J' I ~- 1\' I .v 'I') " v y' b' 3. 4. 5. 6. What is the of the land applicant's the area? 7. What, if any, effect will annexation develo~ment of this property have on future potent1al development of property within municipal boundaries adjacent to or near annexation area? and or the the 8. Any other standard or condition that the Council so designates or chooses in step 3 of the annexation process is attached as this policy. , ' ~';~ -y l {} ;(' ---/' (::1- U / (~' I y-..tl.t,l vU (}-'- 1- G/V 3 ") o ' ~}J y~ ~ w b l't' ~!.?V l^ lY'cf \j ~. /'\~ . CITY OF PRIOR LAKE ANNEXATION PROCESS The following process will be followed if a petition or request for annexation occurs between any applicant and the City of Prior Lake. 1. A formal meeting with appropriate staff to review the Policy and submittal requirements. Submittal form will be provided to applicant. C'_~;"V,---Gtr\~ 1~uJ Upon receivi~g all submittals, staff prepares preliminary summary of information and evaluation. SL J.~ t. l .(. City Council action on preliminary summary. proceed is determined at this stage. staff time is invested (with applicant) to prepare more detailed evaluation and analysis. staff work is completed, possible recommendation prepared. Decision to Plannin9 Commission conducts hearing on request, receives public 1nput and makes recommendation. City Council schedules for discussion, reviews information and makes decision to either accept or request in the form of a Resolution. all reject NOTES Estimated time to process an application through the City is 2 - 4 months. The Process above assumes request is within orderly annexation area; Step 2-3 may be altered if request is outside an existing orderly annexation area. Contacts with existing governmental entity (Township or City) controlling the land will be made during steps 1 and 2. Contact with Municipal Board staff may be made after steps 3 and 6. A Municipal Board hearing maf or may not be required after step 6. Estimated Mun1cipal Board processing time is 1 - 4 months. within an orderly annexation area (in our case) Township Board ap~roval is not necessary to process or act on an app1icat10n. Consideration should be given to what position the City wants to take with the Board, if any, on these matters. 4 .JAMES P. LARKIN AOBERT L. HO""""''''N .JACK ".O...LY O. K[NNETH LINDGREN WENDELL R. ANDERSON GERALO H. ,.RIEDELL AL.UloN It. MULLIGAN ROBERT .J. HENNESSEY .JAMES C. ERICKSON EDWARD ..I. CRISCOLI.. GENE N. "'UI..I..ER DAVID C. SELLERGREN RICHARD .J. KEENAN JOHN D. "ULL""'ER ROBERT E. BOYLE "RAN K 1. HARVEY CHARLES S. MODELL CHRISTOPHER ..I. DIETZEN JOH N R. BEATTI E LINDA H. "'SHER THOMAS P. STOLTMAN STEVEN O. LEVI N MICHAEL C. ..lACK MAN JOHN t. DIEHL JON 5. SWIERZEWSKI THOM"'S ,J. "LYN N JAMES P. QUINN TODD 1. ,.REEMAN STEPHEN B. SOLOMON PETER K. BECK JEROME H. KAHNKE SHERRILL R. OMAN GERALD L. SECK JOHN B. LUNDQUIST e"'YLE NOLAN" THOMAS B. HUMPHREY~ JR. MICHAEL T. McKIM CH....RLES R. WEAVER HERMAN L. TAL.LE VINCENT G. ELLA ....NDREW ,J. MITCHELL. LARKI~, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER .JAF'F'RAY TOWER 7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET BLOOMINGTON, MINNESOTA SS431 MINNEAPOLIS, MINNESOTA SS402 TELEPHONE 16121 835-3800 TELEPHONE 16121 338-6610 FAX 16121 896-3333 FAX 16121 336-9760 NORTH SUBURBAN OFFIC~ 8990 SPRINGBROOK DRIVE, SUITE 250 COON RAPIDS, MINNESOTA S5433 TELEPHONE 16121 786-7117 FAX 16121 786-6711 Reply to Bloomington July 13, 1990 Mayor Lydia Andren and Members of the City Council City of Prior Lake 4629 Dakota S.E. Prior Lake, Minnesota 55372 Re: New Century Construction Annexation Policy Dear Mayor Andren and Members of the City Council: /)tLC ,{e-1- ,JOHN .... COTTER- BEATRICE A. ROTHWEI LER P"'UL IS. PLUNKIETT ALAN '- KILOOW KATHLEEN M. PICOTTE NEWMAN MICHAEL a. LIE BARON F'R",NCIS IE. OIBERSON AMY OARR GR...CY CATHERINE BARNETT WIl.SON" .J E"'''REY C. ANDERSON DANIEL 1... BOWI..ES ToeD M. VLATKOVICH TIMOTHY .J. MCMANUS GREGORY E. KORST"'O LISA A. GRAY GARY A. RENNEKE THOMAS H. WEAVER SH"'NNON K. McCAMBRIOGE DENISE M. NORTON GARY A. VAN CLEVE MtCHAE:L B. BR....M....N G....YLEN L. KN....CK .JULIE.... WRASE CHRISTOPHER J. HARRISTH"'L SHARON l.. BRENNA M.ARIKAY CANAGA L1TZAU TIMOTHY.J. KEANE WILLIAM C. GRIFFITH, .JR. TH EODORE A. MONDAL.E .JOHN .J. STEF'''ENHAGEN DANIEL W. voss MARK A. RURIK .JOHN R. Hll..L JAMES K. M...RTIN STEVEN P. K.ATKOV THOMAS ..I. SEYMOUR OF' COUNSEL. JOSEPH GITIS RICHARD A. NOROBYE DAVt 0 J. PEAT "ALSO AOMITTED IN WISCONSIN This letter is offered in response to the proposed Annexation Policy and Process. I have conferred with our client New Century Construction, Inc., (New Century) and with the City Manager, David Unmacht, regarding the proposed policy and procedures. We are of the opinion that the policy and procedures as drafted are reasonable and provides a fair framework for consideration of all annexation requests. New Century is requesting guidance from the City Council prior to initiating an annexation request under the new policy and procedures at this time or in the near future. Specifically, under your guidelines, we estimate that the cost to New Century to prepare the necessary preliminary engineering, planning and feasibility studies for a complete annexation application will be approximately $7,500 to $10,000. Prior to undertaking this expense, New Century would like to know if that application would become caught up in a larger policy discussion of whether the City should continue growing to the north or south. If that were the case, New Century would proceed with an alternate plan to develop the approximately 68 acres north of Mushtown Road in rural residential lots on septic systems. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mayor Lydia Andren and Members of the City Council July 13, 1990 paqe 2 Any guidance the Council can provide on this question would be greatly appreciated. Thank you for your consideration. Sincerely, Timothy J. Keane, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. TJK:EJ7s cc: David Unmacht, City Manager Mike Giles, New Century Construction, Inc. Joe Mahoney, New Century Construction, Inc.