City will not honor annexation agreements
Steve Pokin
Of the Suburban Journals
O'Fallon Mo Journal
The city of O'Fallon has decided that it will not honor 22 voluntary annexation agreements ? signed years ago by the city ? in which landowners in some instances were promised that their property would receive certain zoning and in others were promised free sewer connections.
O'Fallon Mayor Donna Morrow said that now, as some of these agreements and developments come to fruition, the sewer-connection waivers could cost O'Fallon $3 million.
M. Cash Sweiven, O'Fallon's interim city administrator, said that the city earlier this month mailed letters to property owners.
The letter states, in part: "It is now the city's position that these provisions should not have been included in the petition as the city had no legal authority to agree to them. Therefore, you are notified that the city will not honor or comply with these provisions of the petition."
Morrow said that one property owner responded and questioned whether her property was actually annexed if certain parts of the agreement were invalid.
[snip]
Morrow said that the city would not object to landowners who want to de-annex.
Morrow said the annexation agreements involved property near or west of Sommers Road, in the southwest part of the city, and most were approved in 2001 ? at a time when the city viewed the city of Lake Saint Louis as a threat to O'Fallon's growth into what was then unincorporated St. Charles County.
[snip]
Piontek, who was hired by the city in January 2001, has advised the current Board of Aldermen that it is illegal for a city to promise a zoning change in advance because the law spells out the process in which land can be re-zoned. That process includes input at a public hearing from adjoining property owners.
[snip]
Kuehn said it doesn't matter to him that there was a concern at the time that the landowners might decide to voluntarily annex into Lake Saint Louis, instead of O'Fallon.
"It's not a war to see who can get bigger first," Kuehn said. "I don't consider Lake Saint Louis a potential threat. This comes back to some of the very issues we campaigned on ? smart growth. We want to be better as a city, not bigger."
[snip]
Entire article...
Steve Pokin
Of the Suburban Journals
O'Fallon Mo Journal
The city of O'Fallon has decided that it will not honor 22 voluntary annexation agreements ? signed years ago by the city ? in which landowners in some instances were promised that their property would receive certain zoning and in others were promised free sewer connections.
O'Fallon Mayor Donna Morrow said that now, as some of these agreements and developments come to fruition, the sewer-connection waivers could cost O'Fallon $3 million.
M. Cash Sweiven, O'Fallon's interim city administrator, said that the city earlier this month mailed letters to property owners.
The letter states, in part: "It is now the city's position that these provisions should not have been included in the petition as the city had no legal authority to agree to them. Therefore, you are notified that the city will not honor or comply with these provisions of the petition."
Morrow said that one property owner responded and questioned whether her property was actually annexed if certain parts of the agreement were invalid.
[snip]
Morrow said that the city would not object to landowners who want to de-annex.
Morrow said the annexation agreements involved property near or west of Sommers Road, in the southwest part of the city, and most were approved in 2001 ? at a time when the city viewed the city of Lake Saint Louis as a threat to O'Fallon's growth into what was then unincorporated St. Charles County.
[snip]
Piontek, who was hired by the city in January 2001, has advised the current Board of Aldermen that it is illegal for a city to promise a zoning change in advance because the law spells out the process in which land can be re-zoned. That process includes input at a public hearing from adjoining property owners.
[snip]
Kuehn said it doesn't matter to him that there was a concern at the time that the landowners might decide to voluntarily annex into Lake Saint Louis, instead of O'Fallon.
"It's not a war to see who can get bigger first," Kuehn said. "I don't consider Lake Saint Louis a potential threat. This comes back to some of the very issues we campaigned on ? smart growth. We want to be better as a city, not bigger."
[snip]
Entire article...