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HomeMy WebLinkAbout2017-08-22 16 TPC Memorandum TPC3601 Thurston Avenue N,Suite 100 Anoka, MN 86303 Phone:763.231.5840 Facsimile:763.427.0820 TPC@PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: August 16, 2016 RE: Oak Park Heights — Potential Annexation Area — City Council Discussion TPC FILE: 236.02— 17.06 BACKGROUND As you are aware, an application has been made for annexation of the area west of the Kern Center which includes the Nass (Washington County), Bidon, and Deutsche Bank properties that are currently within Stillwater Township. Please see the map found attached as Exhibit 3. As of the date of this memo, Premier Bank has not agreed to join the application for annexation. The Hauth parcel and the area to the south, including the Longacre and Palmquist properties are within Lake Elmo are also not included in this request. The City recognizes that the development of this property is likely to occur, but the type and intensity of that development depends on whether it is served by municipal utilities. If it remains within Stillwater Township it is likely that the property would continue to be used for low density purposes. If annexed, served with utilities, and provided roadway connections, the area will develop with commercial, office and possibly warehousing uses or residential uses. Without the Premier Bank property, utility and roadway connections to the other properties may not be possible. It is the policy of the City to not extend its utilities beyond its municipal boundaries. The City has long identified these parcels on its potential annexation areas as part of its Comprehensive Plan. While the extension of the City limits to accommodate commercial development can be positive, there are challenges that must be addressed as part of this process. The City Council, in the early stages of this potential annexation, must weigh these challenges before moving forward. ATTACHED FOR REFERENCE Exhibit 1: Property Owner Petition to Municipality for Annexation by Ordinance Exhibit 2: City Annexation/Detachment/Utility Extension Policy Exhibit 3: Map of Area Page 3 of 26 AFFECTED PROPERTIES The properties subject to this potential annexation are as follows: Property Owner Address PID Size Nass (Washington No Street Address 06.029.20.22.0001 16.0 acres County) Bidon 5757 Manning Ave 06.029.20.22.0002 6.4 acres Deutsche Bank 5651 Manning Ave 06.029.20.23.0001 11.8 acres Premier Bank (Not No Street Address 06.029.20.21.0001 22.9 acres part of current annexation request at this time) The potential annexation area totals 34.2 acres. With the Premier property, the area is 57.1 acres. DISCUSSION POINTS Annexation The request for annexation has been initiated by a retailer that seeks to develop the southeast corner of Manning Avenue and Highway 36. That development is proposed as a Hy-Vee grocery store and related development, but would not be constructed until intersection improvements are made at that corner by Washington County. It is anticipated that funding for that intersection will not be available until 2020 or 2021. The developer has the Nass, Bidon and Deutsche Bank property under contract. The developer is in conversations with Premier Bank, but they are not under the current request. Premier Bank but does not have pending development proposals for their property that the City is aware of. Annexation of the properties would be conducted under Minnesota Statutes, Chapter 414, Municipal Boundary Adjustments. The City annexation policies have indicated that the "City will strive to accomplish annexations under the orderly annexation procedures established in state statute whenever possible." Additionally, it states that "The City's preference is for annexation to be initiated by property owner petition and supported by the current jurisdiction." The Deutsche Bank property is contiguous to the Kern Center which is in the City. The property owners have provided a petition for annexation by ordinance. To be valid, the annexation petition will also need to be signed by Washington County and Deutsche Bank in that they are listed as the property owners. The perimeter of the area to be annexed is less than 60 percent bordered by the City. In that case, the City will need to serve notice of intent to annex upon the town board. If no objections are raised by the town board, the property may be annexed by ordinance. All costs for the annexation will be paid for by the developer/property owners. 2 Page 4 of 26 Land Use The current proposal is for a retail development at the corner of Manning Avenue and Highway 36. If annexed, the City would need to amend its Comprehensive Plan. A small area study would be necessary to plan the land uses, roadway connections and utility extensions. The small area study should be paid for by the developer/property owners. It is expected that the area would develop as retail, service and other commercial uses. The Premier bank property, if annexed, could also include some business/warehousing use. Higher density residential could also be a potential land use, either as standalone or as part of a mixed-use development. Zoning When annexed, the property will be zoned 0 Open Space Conservation. A small area study would identify potential zoning for the property. Manning Avenue and Highway 36 Intersection Washington County has contracted with SRF Consutting Group to complete a study of the Manning Avenue and Highway 36 intersection, to include options for overpass and ramp designs. The final design may not be completed and funded until at least 2020. Roadways/58th Street Access to a development at Manning Avenue and Highway 36 would not require an extension of 58th Street. Additionally, the Bidon and Deutsche Bank properties could be accessed off Manning Avenue. The Premier Bank site would require access from either Manning or 58th Street. A potential extension of 58th Street from Memorial Avenue to Manning is possible, but there are challenges with topography, Xcel easements/tower locations, and the question of whether the Premier Bank site will be annexed. Additionally, there is no existing right of way from the corner of 58th Street and Memorial Avenue to the westerly City limits at the Premier Bank property. All costs for the extension of 58th Street and any associated trails would be the responsibility of the developer/property owners, including the cost of purchasing right of way. If 58th Street is extended, there would also be costs associated with upgrading the existing segment of 58th Street from Memorial Avenue to Highway 15 to an urban section. Upgrades to the intersection at Highway 15 may be required following a traffic study. An engineering study associated with the small area study could include the potential route of the 58th Street extension and potential upgrades required of the existing 58th Street roadway and intersections. 3 Page 5 of 26 Utility Extensions An engineering study will be required from the developer/property owners associated with design of water, storm sewer, and sanitary sewer systems. The Premier Bank site being included in this potential utility extension may be key as to the overall feasibility of this project. An analysis of the existing capacities of the City's utility system and impacts of the extension would be required. All costs of extending the system and any required upgrades to the existing system would be the responsibility of the developer/property owners. The developer/property owners will also be responsible for utility connection fees which are calculated depending upon the type of land use. The 2017 rates on commercial land is $18,071.00 per gross acre. Browns Creek Watershed District Development of the site will require approval of the Brown's Creek Watershed District. The.District should be contacted early in the process and a determination of what improvements would need to be made related to storm water may determine placement of hardcover including buildings and parking. Park Dedication The developers/property owners are required to pay park dedication fees. For commercial development, an amount of land equal to 10 percent of the gross land area in the development will be required. In that it is unlikely that the City will want to develop a park in this area, the City will require a payment of cash dedication equal to 10 percent of the gross land area. Development Costs As indicated, the developer/property owners will be responsible for all public costs associated with the roadways, trails, ROW acquisition, water, storm sewer, sanitary, and any other upgrades required of the existing roadways and utilities required to serve development in this annexation area. Any costs for the annexation and a small area plan would also be paid for by the developer/property owners. The City would do the design, bidding and construction with all costs to be the responsibility of the developer. The developer would be required to post a cash escrow or a letter of credit equal to 125 percent of the cost estimate supplied by the City Engineer. A development agreement would be required addressing the costs. CONCLUSION/RECOMMENDATION The City Council should discuss the issues as well as the opportunities that this potential annexation could bring to the City. The City Council should comment on the following: 4 Page 6 of 26 1. The current petition for annexation does not include the Premier Bank site. The annexation may be premature until Premier Bank is brought into the conversation and petitions to come into the City. The developer was going to have conversations with representatives of the bank this week. Staff will update the City Council as the result of that discussion. Additionally, the petition for two of the parcels was signed by Bernie and Loella Nass. Washington County and Deutsche Bank are listed as the owners by the County. These entities will need to sign the petition for it to be valid. • Staff would recommend that the City Council does not proceed with annexation until Premier Bank petitions for annexation. • The currently received application is NOT signed by the property owners and would not qualify under Minnesota Statute 414.033 2.(3). Washington County and Deutsche Bank will need to sign the petition for it to be valid. Staff will be compelled to reject this application until it is signed by the valid property owners. 131 Ille land :11111!, (lit II111111�'lll.11ll\'ant. (lit:al td i .1.':IIItae:iJNI is. 121):trot of Ie...., awl the area to hz iln34:Nt'tl .n4:111u'.�a'llrl\'.vn'rtIh;' .q ltlthlti ll'a.rc\I':I1rl 1;tClillh are Ikit'rherkvi,e avail;ihi .;tlt.Iiiit'i11iltlliljl;lllti''.c. 'll'C>.i Ilt'lJll('n rot:IIIII:';,itltrli t!'ulll ;tll the lthi]lt'ft\'.t\'.'n�f,pt the I;ukl. �Sri711:1.;gt 1';►1etl;isi Iii. .0:I11ilt'I'I?::HUIcNatioII1 iii.u.'lll, 11•e+110alill:ially11I'tlhrlfy Cttn1I 1$i J1. 10;illy IlIt?llef1t" to 1.e ttl dn.d;iit e 1vitIu11 arc I?IY�etllii 12 Illtliitli.it IIIC 1ll'uht=l!\' IN ill ha, :II any l ojut dill lll_ !11;11 Ik'Jiigl ht'!he %al►le tl\CIFCI alk!:111110:alitIN 1'i'ul41 C11111111;11iVt'll'2NCti.V l I 2u we,:ttl 2. The petition for annexation is also premature in that there has not been a thorough study of the area to determine the benefits and issues for the City. • A small area study will be necessary to plan land use, zoning, utility extensions, roadway connections. The City Council should require the developer to pay for the small area study if the annexation proceeds. • An impartial traffic study should be required to determine the impact of the potential extension of 58th Street. The City Council should require the developer to pay for a traffic study. • A fiscal impact and assessment of development costs associated with roadways, trails, ROW acquisition, water, storm sewer, sanitary sewer and any other upgrades to serve a potential annexation area will be necessary. The City Council should require that all such costs be paid for by the property owners/developers. 5 Page 7 of 26 PROPERTY OWNER PETITION TO MUNICIPALITY FOR ANNEXATION BY ORDINANCE-120 Acres or Lees IN THE MATTER OF THE PETITION OF CERTAIN PERSONS FOR THE ANNEXATION OF CERTAIN LAND TO THE CITY OF OAK PARK HEIGHTS,MINNESOTA PURSUANT TO MINNESOTA STATUTES §414.033, SUBD.2(3) TO: Council of the City of Oak Park Heights,Minnesota PETITIONER(S)STATE:All of the property owners in number are required to commence a proceeding under Minnesota Statutes§414.033,Subd.2(3). It is hereby requested by all of the property owners of the area proposed for annexation to annex certain property described herein lying in the Township of Stillwater to the City of Oak Park Heights,County of Washington,Minnesota The area proposed for annexation is described as follows:Parcels A,B and C are described on Exhibit 1, attached hereto. 1. There are 2 property owners in the area proposed for annexation. (If a property owner owns more than one parcel in the area proposed for annexation, he/she is only counted once as an owner - the whiz of parcels mid by a petitioner is not counted) 2. The land abuts the municipality and the area to be annexed is 120 acres or less,and the area to be annexed is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available. 3. Said property is unincorporated,abuts on the city's West boundary(ies),and is not included within any other municipality. 4. The area of land proposed for annexation,in acres,is approximately 34.26 acres. 5. The reason for the requested annexation is development of 3 parcels into a Hy-Vee grocery store and related uses. PETITIONERS REQUEST:Pursuant to Minnesota Statutes §414.033,the property described herein be annexed to and included within the City of Oak Park Heights,Minnesota. Dated: August /11 ,2017. Petitioner Owners of Parcels A and B: Signatures: �-- Bernard W.Nass Loella M.Nass Petitioner Owners of Parcel C: Signatures: 0?&QI 41 Thomas M.Bidon ooleat2064779.0012l134$60068.1 Page 8 of 26 Exhibit 1 To Petition for Annexation Legal Descriptions Parcel % ( C . eta• a�. ©r. ' All that part of the NW 1/4 of the NW 1/4 of Section 6,Township 29, Range 20 West, that lies Southerly and Westerly of the Southerly right of way line of Minnesota Trunk Highway No.36 and Northerly and Westerly of the mollowing described Uric Beginning at a point on the West lite of said NW 1/4 that is 923.00 feet,as measured along said West line,Southerly of the Northwest corner of said Section 6;thence Northeasterly by a deflection angle to the right of 73°for a distance of 336.41 feet;thence Southerly,parallel to the West line of said NW 1/4,fnr a distance of 148.5 feet;thence Easterly,parallel to the North line of said NW 1/4 fora distance of 784.70 Stet more or las to the East line of said NW 1/4 of NW 1/4 and there terminating,Washington County,Minneeotas Parcel 13s Cl(, . © •f7O / All that part of the Southwest 1/4 of the Northwest 1/4 and of the Northwest 1/4 of the Northwest 1/4 of Section 6,Township 29,Range 20 that lies Northerly of the following described lines Commencing at the Southwest coulter of the Northwest 1/4 of said Section.6, thence North 1 degree 14 minutes 50 seconds East, along the West line of sal Northwest 1/4, for 969.67 feet to the point of beginning of the line to be deaeribed; thence South 87 degrees 7S minutes 34 seconds Bast for 1120.72 feet end there terminating except the North 1236.51 feet thereof and also accepting therefrom all that portion of the Southwest 1/4 of the Northwest 1/4 of said Section 6, lying West of the Town Road (also known as Manning Avenue North)as it now traverses said Section 6, Washington County,Minnesota. Parcel C Tax Parcel#06.029.20.22.0002 All that pare of the North 1341.01 deet of the.W% of the NW14 of`Sermon 6, Tom 29,Reap 20,lying Soothe*ofthe following described line:Beginning at a point on the rreet line of said NW's that is 1071.50 that Southerly of the Northwest maws,dentia Nort eute,rly by a deflection eoee to the right of 73° for a dismay of 330.0 thence B starIly,parallel to the north lino of said NW 1/4 ib' 795 feet,more or less,to the East line of said W end thae termines=apt the south 104.5 hat of said W54 ofsaid NW%. Subject to encumbrances of recouid. Washington County,Minnesota. CORE/2064779.0012/1345600681 Page 9 of 26 RECEIVED IVED AUG 1 4 2011 1 CITY OE OAK PARK HEIGHTS *DEVELOPMENT APPLICATIO cry or Opt Pork Hearne au p 46 14188 Oak Park Boulevard P.O. Box 2007 Base Fee: Oak Park Heights,MN 55082 Escrow Amount: (651)4394439 Fax:(851)439-0574 Street Location of Property Parcel 006.029.Z)22.00013 6051 YMNng Ave.N Bal mbo Tomei*,MN 56028 Legal Description of Property Afiedved ss Weil 1 Puna*A a B Owner: Name_Bermrd W.Nees a Leek M.Nass Address: 5851 Manning P e N. City: BBlwekr Township _ State: MN Zip: 55028 Telephone:(Home) (Business) _-_ (Fax) ______ _ . __ (Other) Applicant Name l ee•In . ._... .__-- Address: 58201Meelorrn Pariony City: west Des Moines State: w gyp: *mos Telephone:(Home) 515-2e7-2800 (Business) (Fax) _... .. (Otherj Type of Requeet(s) Zoning District Amendment Home Occupation Conditional Use Permit Site Plan Review Vetianoo:Single Family Residential _ PUD:Amendment Variance:Other Residential/Commercial/Industrial PUD:Concept Plan Subdivision PUD:General Plan Subdivision:Minor -Street Vacation , Comprehensive Plan Amendment City Finandal Assistance Description of Request(s): Arneao tion onto es to Oak Park Ftelylas If a request for planninglzoning action on the subject site or any part thereof has been previously approved,please describe it below: I2?tLOwnedApPilcant initials Page 10 of 26 Development Application,Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved,all required information and fees, Including rany deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application Is considered complete when all required information and fees are submitted appropriately to the City, Professional Fee Responsibility It Is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s)will be promptly paid upon receipt. If payment Is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be biped on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It Is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act If It becomes thirty(30)days past due. Failure to pay administrative and processing fees In a timely manner may result in denial of the application. Ali fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31 of each year. Pr••arty Address Parcel#06.0 5.2o.rz.coon a 5851 Msrnng Ave.N,Sahveter Township,MN 55025 Date: Owner Signature Date: —1 t — i9 A lig Sig Page 11 of 26 Development Application,Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved,all required Information and fees,Including any deposits,must be paid to the City. An incomplete application will be returned to the applicard. The application approval process commences and an application is considered complete when all required information and fees a e submitted appropriately to the City. Professional Fee Responsibility II is the understanding of the undersigned that all City Incurred professional fees and expenses associated with the processing of this request(s)win be promptly paid upon receipt. If payment is not received from the applicant,the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal end Community Development fees as they are accrued. It is understood that Interest will be charged on the account at the maximum rate allowed by the Fair Credit Act If It becomes thirty(30)days past due. Failure to pay administrative and processing fees in a timely manner may result In denial of the application. AM fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31' of each year, Property Address 5757 Manning Ave.N.,8t1M.lar Towrwlip,MN 35062 _7, ,6i�� sy! Date: g— eP2C2 ', Owner Signature � J - ' Date;3 / hi l Ap ice t 3 att1 , Page 12 of 26 -714KCEWED 6'4 ti 1 4 2017 CITY OF OAK PARK HEIGHTS *DEVELOPMENT APPLICA ION city of Oa Park fkeigfrck 14188 Oak Park Boulevard P.O. Box 2007 Base Fee: Oak Park Heights,MN 55082 Escrow Amount: (851)439-4439 Fax (851)439-0574 Street Location of property 5757 Manning Avo.N.,Stahvelor Towner*,PAN 55012 Legal Description of Property Attached io BMA las Penal C Owner: Name Thomaem.Ron Address: 5757 Wont*Ave.N, City: Stawatte.Township State: MN Zip: 56082 Telephone:(Home)M1)303-81135 (Business) _ (Fax) (Other) Applicant: Mune Address: City: State: Zip: Telephone:(Home) (Business) (Fax) (Other)_ Type of Request(e) Zoning District Amendment _ Home Occupation Conditional Use Permit Site Plan Review Variance: Single Family Residential PUD:Amendment variance: Other ResidentialCommerolaifindustrial PUD:Concept Plan Subdivision PUD: General Plan Subdivision:Minor -Street Vacation , Comprehensive Plan Amendment City Financial Assistance Desoriptkm of Request(s): Annotation oag30119DiOak HOMO if a request for planning/zoning action on the subject site or any part thereof has been previously approved,please describe It below: ,..1-44.0wrieriApplicant Initials • Page 13 of 26 Exhibit 1 To Petition for Annexation Legal Descriptions Parcel A: .©ac ao. aa. ©col All that part of the NW 1/4 of the NW 1/4 of Section 6,Township 29,Range 20 West, that lies Southerly and Westerly of the Southerly right of way line of Minnesota Trunk Highway No.36 and Northerly and Westerly of the following described line:Beginning at a point on the West line of said NW 1/4 that is 923.00 fry as measured along said West line, Southerly of the Northwest corner of said Section 6; thence Northeasterly by a defection angle to the right of 73•fora distance of 336.41 feetthence Southerly,parallel to the West line of said NW 1/4,fry a distance of 148.5 feet;thence Easterly,parallel to the North line of said NW 1/4 for a distance of 784.70 feet more or less to the East line of said NW 1/4 of NW 1/4 and there terminating,Washington County,Minnesota! Parcel el B, C(e . Oft at 02.©.a2.3 ,0001 AA that part of the Southwest 1/4 of the Northwest 1/4 and of the Northwest 1/4 of the Northwest 1/4 of Section 6,Township 29,Range 20 that lies Northerly of the following descried linea Commencing at the Southwest corner of the Nor west 1/4 of said Section 6, thence North 1 degree 14 minutes 50 seconds Brat, along the West line of sai Northwest 1/4, for 969.67 feet to the point of beginning of the line to be described; thence South 87 degrees 2.5 minutes 34 seconds East for 1120.72 feet and there terminating except the North 1236.51 feet thereof and also excepting therefrom aEl thai portion of the Southwest 1/4 of the Northwest 1/4 of said Section 6, lying West of the Town Road(also known as Manning Avenue North)as it now traverses said Sermon 6, Washington County,Minnesota Parcel C Tax Parcel#06.029.20.22.0002 All that part of dee North 1341.01 feet of the Wt% of the NW% o Seetioo 6, TSP V,Range 20,1yins Southerly ofthe Mowing described lint:Beginning at a point on the west line of said NWy that is 1071.50 hot Southerly of the Northwest comer,theme Northeasterly by a ds action Nagle o the right of 73• fbr a disown of 330.0 feet;donee Bests. ,pineal to the north line of said NW 114 for 795 feet,more or less,to the Fast line of said W!6 end there cum accept the south 104.5 Rant of said W%cf said NW%, Subject of record. Washington County,Minnesota. cox132064779.0012/134560068.1 Page 14 of 26 6xHioir 2- CITY OF OAK PARK HEIGHTS ANNEXATION/DETACHMENT/UTILITY EXTENSION POLICY Background: The policy and position statements that follow are intended to be general in scope and are meant to serve as guiding principles for the City in addressing certain annexation issues. The City Council, however, in approving such policies expressly recognizes that annexation law may change over time and annexation issues tend to arise in the context of unique and fact-specific circumstances. The City Council therefore will, and reserves the right in the future to, analyze all annexation matters on a case-by-case basis. Nothing herein should be construed or interpreted as limiting the City Council's discretion with respect to considering specific annexation matters or to take a position that is not contained herein or is contrary to a position contained herein,should unforeseen circumstances warrant in a particular case or should such position be deemed in the best interests of the City as determined by the City Council based on the circumstances at the time. General Annexation Policies and Principles: Annexation will be guided based on the principle of opportunity primarily in response to a request from a property owner or others where the requested annexation would be expected to meet one,or more, of the following factors: 1. Assist in the implementation of and be generally consistent with the Comprehensive Plan; 2. Advance the potential to protect or enhance an environmental resource or abate an existing or potential environmental problem; 3. Enhance the efficient and cost-effective extension of infrastructure, municipal services,and transportation systems; 4. Result in a significant economic development,tax base,or job creation potential; 5. Accomplish another identified policy,goal,or strategy of the City Council. In addition to achieving one or more of the foregoing factors, the City regards annexations with the following context,although subject to specific circumstances: • Annexation fundamentally involves a change in the governmental jurisdiction of a piece of property from the township to the City or from city to city consistent with State law. • Annexation should be evaluated from both a regional context and City perspective and a decision to annex will involve the consideration of the effects of annexation on the applicable city, township, or other government jurisdictions. This may Page 15 of 26 include joint meetings with neighboring jurisdictions as the direction of the City Council. • The City's preference is for annexation to be initiated by property owner petition and supported by the current jurisdiction. • The City will strive to accomplish annexations under the orderly annexation procedures established in state statute whenever possible. • The City will strive to accomplish annexations in areas contiguous to City corporate limits,unless there is a compelling reason to consider a non-contiguous annexation. • Annexation decisions will be additionally guided by an analysis of infrastructure capacity, ease of infrastructure extension, and cost effectiveness of extending infrastructure. • Annexation should consider the impact of annexation on economic and environmental resources and the impact of potential transportation improvements on economic and environmental resources. • Annexation analyses should include, where applicable, such matters as an accurate projection of tax base expansion,housing units created,job creation, and salary and wage creation. Responsibilities of Requesting Party Seeking Annexation: In the event an annexation is requested on the part of a property owner(s), the property owner(s) must initiate such request in writing, provide detailed maps and legal descriptions of parcels to be annexed and shall additionally submit a $10,000 cash deposit. Upon the receipt of such request and deposit, the City will initiate a review process for such annexation consistent with State Statute and the policies stated herein. The requesting party shall be responsible for all City costs associated with the annexation request, whether or not the request is granted by the City or successful. In the event the request is contested annexation, the property owner shall provide an additional cash deposit to the City in an amount necessary as deemed by the City Council to cover all related costs and expenses of the City should the City desire to proceed with the proposal. Zoning of Lands to be Annexed: All lands annexed to the City shall enter the City as with a zoning classification of"0" Open Space. Should land become annexed into the City, the property owner may subsequently seek a rezoning of their lands subject to the processes as established by the City. Circumstances in the Event of Detachment Request from the City: In the event there is a request for a detachment from the City, the City will seek a joint meeting with the property owners seeking such detachment and the jurisdiction to which the lands are proposed to be annexed to. Such meeting shall be held so as to gain meaningful information on the nature of the proposal, reason for the detachment request and to ensure all statutory provisions are followed. Page 16 of 26 In the event the City does not satisfactorily agree to continue services outside of its jurisdictional boundaries as proposed under a detachment of City lands to another jurisdiction the City shall terminate all utility services within 30 days of the effective date of detachment. Extension of Provision of City Utility Services — Outside of Jurisdictional Boundaries: It is the formal policy of the City not to extend its utilities beyond its municipal boundaries. The singular exception to this policy has been in exchanged service areas with the City of Stillwater where both communities have agreed to serve properties in areas where the other cannot lying north of STH 36 and east of Osgood Ave. Page 17 of 26 f >r ' .. 1 44t t I I a 1,- 1 '' .ar h .1‹::":5,.,:.4,4t);(.:.4 5,n xx�X 4 4 i m•i' I' ',.,.;6,,‘*(>"X?'(.4,s4:4' k,-' 4 4 - ' '''' g 47 ..... ..1,44......... ::„.: . . 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