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Home My WebLink About9A - SPL Township Orderly Annexation Agreement AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: ISSUES: STAFF AGENDA REPORT 9A FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF REQUEST BY SPRING LAKE TOWNSHIP TO RESCIND THE ORDERLY ANNEXATION AGREEMENT. AUGUST 4, 1997 In a June 26, 1997 letter, Duane Borka, Chairman of the Spring Lake Township Board, requested that the City Council consider rescinding the Orderly Annexation Agreement. This agenda item addresses this request and provides an Annexation Task Force Recommendation therefore. In 1972, the City of Prior Lake and Spring Lake Township entered into an Orderly Annexation Agreement. The agreement identified a geographic Orderly Annexation Area and provided a process and timeline for Annexation. Since the execution of that agreement in 1972, six separate annexations have taken place. The most recent occurred in July, 1997 when the Minnesota Municipal Board acted to approve the Joint Annexation Resolution entered into by the City and Spring Lake Township for 261.25 acres owned by Mesenbrink Construction and Deerfield Development. The Township's rationale for deleting the Orderly Annexation Agreement is the impact it is having on residents in the Township. They believe that the prospect of annexation is fueling disagreements between their residents which could be eliminated in the absence of the Orderly Annexation Agreement. Rescission of the agreement is intended to provide more "breathing room" to more thoroughly and completely examine the annexation issue. Minnesota Statutes provide various mechanisms through which annexation can take place. A few of the annexation options apply 16200 ~MmooAve. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 i\N EQl..-\L OPPORTLJi'iITY E'vlPLOYER only where an Orderly Annexation agreement exists. A number of others apply to situations where no Orderly Annexation agreement exists. Therefore, the subject of annexation will exist in the Township whether or not an Orderly Annexation Agreement exists. The issue of annexation is fueled by property owners who, because of septic or water problems or a desire for municipal services, wish to be annexed into the City. Deletion of the agreement will not change their motivation and may in fact complicate the process. The issue of political tension is not a strong reason in itself for the existence of or rescission of the agreement. The City and Township have established a long history of abiding by the Orderly Annexation Agreement. Over the last twenty-five years, six annexations have taken place, all of them within the Orderly Annexation Area as originally contemplated under the agreement. There is consequently a substantial precedence for this method of annexation. The Annexation Task Force has made recommendations adopted by the City Council on April 7, 1997 which are based upon the existence of the Orderly Annexation Agreement. Those recommendations call for annexation of various areas within the Orderly Annexation Area based upon specific time lines assuming amendments to the Orderly Annexation Agreement in the form of Joint Resolutions between the Township and City. During the course of the Township's pubic hearings and the incorporation public hearing, it became apparent that many Township residents are interested in the possibility of annexation. Residents of the area known as 7E and F in the Annexation Task Force Report requested that the Municipal Board initiate the annexation process for them by scheduling a public hearing. This action has been taken and the public hearing is scheduled for 9:00 a.m. August 25th at the Scott County Courthouse. I am also told by Watershed District representatives that a large number of the property owners in areas 7 A and B(north side of Spring Lake and west of the Spring Lake Regional Park) are considering an annexation petition. 9A8497.DOC AL TERNA TIVES: 1. 2. 3. RECOMMENDATION: ACTION REQUIRED: att. 9A8497.DOC For the foregoing reasons it does not appear environmentally responsible or prudent for the City to agree to rescind the Orderly Annexation Agreement. It would be appropriate, however, to direct staff to work with Township representatives to devise a means of amending the Orderly Annexation Agreement in a manner consistent with the Annexation Task Force Report. Such action would end the tension created uncertainty by specifying those areas to be annexed, the timeline for annexation and the process and safeguards associated with each annexation and utility extension. The recommendations contained in this memorandum are those of the City Council's Annexation Task Force consisting of: Councilmember Tom Kedrowski, Former Councilmember Doug Larson, Public Works Director Greg Ilkka, Planning Director Don Rye, and myself. Endorse the recommendations of the Annexation Task Force as set forth in this report and direct the Staff to prepare a letter to the Township Board indicating the City's desire to work with them to amend the Orderly Annexation Agreement. Rescind the Agreement. Take no action and defer the matter pending the receipt of additional information. Alternative number 1. Motion and Second to accept the Annexation Task Force recommendation and direct the Staff to prepare a letter to Spring Lake Township chairman Duane Borka expressing a desire to amend the Orderly Annexation Agreement. . ~j~ @~~~~]~ Lr~~<'~ lfO\\jAVJ~]5)~]]~ 15870 Franklin Trail S. E. Prior Lake, Minnesota 55372 June 26, 1997 Mayor and Council Members City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1714 Re: Request For Consideration of Mutual Rescission Of Orderly Annexation Agreement - City of Prior Lake and Spring Lake Township. Dear Mayor and Council Members: On behalf of the Town Board of Supervisors of Spring Lake Township I am requesting that the Prior Lake City Council consider mutual rescission of the existing Joint Resolution For Orderly Annexation between the City and the Township. It is the unanimous opinion of the Town Board Supervisors that this request be formally conveyed to the City in this letter. Mutual rescission of the Agreement would not prohibit individual property owners from seeking annexation to the City of Prior Lake if they were so inclined, individuals will still be provided with all rights for annexation requests as provided for by State Law. It would also dissolve the currently existing three person board controlling zoning within the designated Orderly Annexation Area. The City has previously indicated that they have concerns about the three man board. The issue of the Orderly Annexation Agreement, which was raised by the City in November of 1996, has caused great turmoil within the township. The tension within the township has risen to such a level by now that neighbors will not talk to neighbors within certain areas of the Township partially because of this agreement and the implications of recent events relating to annexation. We are not sure if things will ever get back to the way they were, but we do know that the present situation must be resolved, and resolved quickly, for the good of both communities. Mutual rescission of the existing agreement could be the first step in a healing process between the two communities and, hopefully, between neighbors within the affected area. Mutual rescission of the agreement would provide breathing room for both the Township and the City. It would allow both the city and the Township to take the necessary steps to carefully examine what they want to be in the future in an atmosphere free from the tension and acrimony which currently exists. It is our hope that the issues between the two communities can be successfully resolved at the local level. Thank you for your consideration of this request. Very truly yours, /.'JCj! l0~cr::?ue U {'17.-&;c Duane Borka, Chair On Behalf of the Spring Lake Town Board of Supervisors