13b. Annexation/Deannexation Request, Merle Volk -S2i SY( 44e,d, s6
' 100 BARRISTERS TRUST BUILDING
247 THIRD AVENUE SOUTH
' MINNEAPOLIS. MINNESOTA 55415
612/338-8623
August 18 , 1988
Don Ashworth, City Manager
' City of Chanhassen
690 Coulter Dr.
Chanhassen, MN 55317
' Dear Mr. Ashworth:
I am enclosing a copy of a letter I received from
Patricia D. Lundy, Assistant Director, Minnesota
Municipal Board, concerning my clients' Petition for
annexation of a portion of real estate to be annexed
' to the City of Chaska.
In accordance with the contents of this letter,
' it is respectfully requested that a determination be
made by the City of Chanhassen on whether or not they
will support this Petition.
Sincerely yours,
(41:L=C;r4/-frt)g
A. H. Michals
' lm
Enc.
' [1U G LI 1988
•,,.z T i, v: CHANhASS-N
An Equal Opportunity Employer Jv I tlJ Phone: (612)296.2428
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yam ,
:
STATE OF MINNESOTA
MUNICIPAL BOARD
Suite 165 Metro Square
7th & Robert Streets
St. Paul, Minnesota 55101
August 4, 1988 '
A. H. Michals
Attorney at Law
100 Barristers Trust Building
247 Third Avenue, South
Minneapolis, Minnesota 55415
Re: D-245 Chanhassen/A-4515 Chaska
Dear Mr. Michals:
The Minnesota Municipal Board acknowledges receipt of the petition for
concurrent detachment and annexation of land from the City of Chanhassen to
the City of Chaska. Please refer to the above docket number in any future
communications regarding this proposed boundary adjustment.
We have not received any correspondence from the affected cities on
whether or not they are in support of the proposal . If both cities pass '
resolutions requesting the boundary adjustment no hearing is required. Please
contact the cities and have them notify us know of their position on this
matter before August 31st. If the cities have not filed resolutions
requesting the boundary adjustment by that date, the Municipal Board will
proceed to schedule a hearing.
The Department of Transportation Cartographic Unit will review the ,
property description and you will be contacted if there are any problems.
If you have any questions or concerns regarding this matter, please feel
free to contact this office.
Sincerely,
MUNICIPAL BOARD
Patricia D. Lundy
Assistant Director '
cc: David Pokorney, City Administrator, Chaska
Don Ashworth, City Manager, Chanhassen
_ - - - - - - - - - � � - � tir 'ti r�iv •v VV .r 1 2{ 2
LAW OFFICES
GKANNIS, GRA,NNIS, FA1 ELF.& KNUTSON
DAVID L.GRANNIE- 1874-1.9E+1 PRORlSSIONAL ASSOCIATION TELECOPTBA,
DAVID L.GRANNIE,JR,- 1910-1980 PQgT OtnrICF)3o1c 57 (612)455-2359
VANCE B.GRANNIE 403 NORwEST DANK BUILDING DAVID L.HAMMER
VANCE B.GRANNIE,,�R. Eamon B.kurrsai
PATRICK A.FARRELL 161 NORTH CONCORD EXCHANGE MICHAEL J.MAI=
DAVID L.CrAANNIS,IIT $QUTYi$'f.PAUL,MINNHSCXI'A 53075 TIMOTHY J,BERG
ROGER N.KNUTSON
TELEPHONE(612)455-1661
August 18, 1988
CONFIDENTIAL
Mr. Don Ashworth
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Volk Annexation/Deannexation
Dear Don:
Enclosed is the notification we received from Mr. Volk' s
attorney regarding the annexation to the City of Chaska. The
application has been filed with the Minnesota Municipal Board.
Although I have not completed an in-depth analysis of the case,
initial elements of it are very disturbing. The City of Chaska
offers uses for the property which conform with the purpose and
intent of their Comprehensive Plan, sewer plans, and agreements
with the Metropolitan Council/Metropolitan Waste Control
Commission. Without approval by the Annexation Board, the City of
Chaska would face severe financial hardships in completing their
public improvement system and would not be able to complete what
appears to be logical growth. By contrast, the City of Chanhassen
provides very little potential uses for the property. The City
has no ability to extend sewer and water services nor to allow
for the development of the property in a manner consistent with
the Chanhassen Comprehensive Plan. The City would be prohibited
by the Metropolitan Council from similarly developing the
property as could occur within the City of Chaska.
Normally, I would be confident that I could favorably
represent either Chanhassen or another city in a typical
annexation squabble. Most annexation petitions which are disputed
have one or more elements favoring a particular city. However,
these one or two elements are typically not enough to convince
the Annexation Board to approve a contested annexation. However,
in the Volk case, the City of Chaska's case is strong and the
City of Chanhassen's position is weak. These two components will
make it very difficult to sustain Chanhassen' s position if the
Council were to instruct this office to dispute the deannexation
request.
08. 19. 68 02 : 1 9PPv1 * GRANNIS LAW FIRM P03
Mr. Don Ashworth
August 18, 1988
Page Two
It is my understanding that the City of Chaska is still
willing to meet with the City of Chanhassen to provide the 40
acre swap previously offered. The development potential of the 40
acres being offered is limited and would not have the ultimate
value which could be achieved if the property were to stay in
Chanhassen but allowed to develop into industrial standards as
can be offered by Chaska. Something, however, is better than
nothing.
As this letter represents legal advice, you should handle
any form of redistribution in a confidential manner. Any
potential discussion of this item at a Council meeting is public
information and the Council does not have authority under state
statute to close the meeting for such discussion.
Very truly yours,
GRANNIS, GRANNIS, FARRELL
& KNUTSON, P.A.
BY: ,�.,:. . A
Roge Kautso
RNI srn