HomeMy WebLinkAbout7 - Annexation Policy & Process
AGENDA ITEM:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
HERITAGE
1891
COMMUNITY
1991
'l/XJ:5fJA ~
2Q91
7
DAVID J. UNMACHT, CITY MANAGER
CONSIDER FIRST DRAFT OF ANNEXATION POLICY AND
PROCESS
JULY 2, 1990
On May 21, 1990 the City Council conducted a
discussion on the issue of annexation. That
discussion was precipitated by two
specific annexation related requests received
by staff. After extensive discussion Council
directed staff to prepare an annexation policy
for consideration. This pOlicr was also to
include an idea of how an appl1cation could be
processed. Please refer to your May 21, 1990
agenda packet for the staff report and other
annexation details.
Staff has developed a draft Policy and Process
included in your agenda packet. The Policy
and Process initially answers some of the
questions identified in the Mar 21, 1990
agenda report, however, some quest10ns cannot
be answered without more research or an actual
processing of an application.
Essentially, the Policy states that the City
of Prior Lake 1) believes in the Orderly
Annexation Agreement process, 2} may initiate
annexation proceedings on its own decision, 3)
establishes conditions effective for
~rocessing petitions for annexation and, 4)
1dentifies that annexation may not occur in an
established orderly annexation area and
conditions with respect to those requests are
created.
It is important for the Policy Statement to be
brief and succinct. Details of the Policy
Statement are left to the process and
experience in dealing with these matters.
Some questions, one in particular with respect
to cost and fees, is very difficult to
determine until we undertake an annexation
request from beginning to end.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
RECOMMENDATION:
ALTERNATIVES:
ACTION REQUIRED:
Staff has also contacted Spring Lake Township
officials. Discussion occurred on the need
to revisit the existing Agreement and possibly
update the language. Staff believes that
Spring Lake Township officials would be
receptive to negotiations on amending the
agreement.
Staff recommends that the City Council give
careful consideration to the Policy and
Process as drafted. Staff recommends that a
Policy and Process be approved in some form in
the near future. In addition, direction
should be given to staff on meeting with
Sprin9 Lake Township officials to discuss
amend1ng the Orderly Annexation Agreement.
The Council has the following alternatives:
1. Adopt the pOlicy and process as prepared.
2. Make amendments to the Policy and Process
and adopt as directed.
3. Direct staff to conduct further research
and report back to the Council.
Will be based upon Council discussion.
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
w1thin 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 in9Uiries into annexation have resulted in a renewed
evaluat10n 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 Cit~ 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 orig1nal agreement which
exists today. The Municipal Board promotes the use of
orderly annexations because that process emphasizes
"negotiation 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 City Council will, prior to adopting
the Resolution, direct the City 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 fol1ow1ng two
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
a~plicant to submit suffic1ent base data for the
C1ty 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.
[One additional condition could be added to the above, and
that is the incorporation of a fee for the City's work in
this process. The basis for the fee would be comparable to a
fee for a Tax Increment application. A proposed wording
could be:]
3. Applicant submit a fee alon9 with the
submittals (fee range $500 - $1500). Th1S fee could
be structured as an application fee (to guarantee
only serious requests) or as a reimbursement fee
(to cover all City costs related to processing
requests) .
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.
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 polic~ 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 Orderl~ Annexation Agreement cannot
be successfully attained, the C1ty maintains the prerogative
to initiate or consider annexation proceedings pursuant to
Minnesota statutes.
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.
2. Upon receiving all submittals, staff prepares preliminary
summary of information and evaluation.
3. City Council action on preliminary summary.
proceed is determined at this stage.
4. Staff time is invested (with applicant) to prepare more
detailed evaluation and analysis. Staff work is completed,
possible recommendation prepared.
Decision to
5. Plannin9 Commission conducts hearing on request, receives
public 1nput and makes recommendation.
6. City Council schedules for discussion, reviews all
information and makes decision to either accept or reject
request in the form of a Resolution.
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 ma~ 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 approval is not necessary to process or act on an
application. Consideration should be given to what
position the City wants to take with the Board, if any,
on these matters.
S T P U L A TON
1. Those Involved In ~ proceeding for boundary ~djustment may jointly
stlpul~te facts Into the record to expedite the proceeding. Attached Is a
suggested format for preparing ~ stipulation. The stlpul~tlon should not
be regarded as complete evidence, but rather a tool to assist cities,
townships, and property owners Involved In ~ boundary adjustment
proceeding prepare for the hearing.
2. Please provide al I Information possible. Attach ~ddltlonal sheets and
maps as necessary. (Petitioner/city should have ~Iready filed maps with
the Municipal Board as described In M.S. 414.012.) Other suggested maps
Include:
Map of existing highways, thoroughfares and streets (with Indication
of maintenance responsibility for each roadway). In case of new
development proposals, description of thoroughfares and streets In
development area should be provided with a description of the effect
upon traffic patterns and need for upgrading existing roadways.
Aerial photo map.
Map showing existing city services and proposed or needed extensions
of city services because of proposed boundary adjustment.
Map showing exIsting hydrologIc features, surface drainage. surface
contours. soil types.
Maps showing farmland, such as State Conservation Service classes I,
I I, and I I I or SCS prime farmland maps by counties.
3. The last page of the stipulation lists data resources and other agencies
which may be helpful In providing d~t~, resource Information, and
assistance.
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PlEASE CROSS OUT ANY AREAS THAT CANNOT BE STIPULATED ANO MAKE ANY ATTACHMENTS
NECESSARY.
To: MInnesota MunIcIpal Board
165 Metro Square Building
St. Paul, Mlnnesot8 55101
----------------------------------------
S TIP U L A T ION
----------------------------------------
The CIty of and the Town of
stIpulate and agree to the fol lowIng facts concernIng MInnesota Statutes
414.031, Subd. 4 to wIt:
[The term "subject area" referred to hereIn means the area that Is proposed
for annexatIon.]
(a) Present populatIon, past populatIon growth and projected populatIon of
the property proposed for annexatIon and the annexIng munIcIpalIty:
1970
1980
Current
Projected In
FIve Years
Source
of Data
Present CIty
Present Town
Sublect Area
-
(b) GeographIc Features:
Present
City
Present
Town
Subject
Area
1.
Total Acreage
2. Describe any waterways In or adjacent to the subject area:
streams, shorelands, protected water, protectIon wetlands)
(rIvers,
3. DescrIbe the soils and terrain In the subject area:
(c) ContIguIty:
1. The perImeter of the subject area Is approxImately _____% bordered by
the municIpality.
(d) Present pattern of physIcal development of the subject area and city:
1. There are the fol lowing land uses: (Please fIll In acreages or
percentages If avaIlable Instead of yes or no.)
City
yes no
Township
yes no
Sublect Area
-
yes no
ResIdentIal
Institutional
( t ax exempt)
Connerclal
Industrial
Agricultural
VaclIInt li'!lnds
-2-
2. What type of development Is proposed for the 8nnexatlon area?
3. The present tr8nsportatlon network:
Number of mIles of:
Present CIty
Present Town
Subject Area
HIghways, Streets
and Roads
4. Are any transportatIon changes planned In the subject 8rea?
yes _____ no _____, In the cIty? yes _____ no _____
(e) land Use Controls and PlannIng:
1. ComprehensIve Plan:
AdoptIon Date &
Status of PI8n
No ExIstIng Plan
CIty
TownshIp
County
R~Ion
2. Have any area plannIng authorIties adopted an offIcIal posItion on
the proposed boundary adjustment? (plannIng commissIons, boards,
JoInt boards, Met CouncIl, State PlannIng Agency, regIon, county)
Yes _____ No _____ SupportIve _ Non-SupportIve _
If yes, descrIbe:
3. Please check where the following exIsts and give any necessary
explanations on how It relates to the proposed action. (Since It may
be possible that two or more plans attempt to regul8te the same area,
please cIrcle whose ordinance presently applies to the subject area.)
CIty:
Yes No
ITownshlp:
Yes No
County:
Yes No
Date Adopted
CIty Town County
ZonIng
SubdIvIsIon
Regul!ltlons
Off I c I !I I
Map
Capital Improve-
ments Program &
Budgets
Fire
Code
Shore I and
OrdInance
FloodplaIn
Ord I nance
W II d & Scen I c
RIvers OrdInance
SanItatIon OrdIn-
ance (on-sIte
sewage treatment)
-3-
4. What Is the current zoning of the subject area?
5. What do you anticipate the zoning wll I be If this annexation Is
approved?
6. Is the subject area, or any portion thereof In Green Acres
(M.S. 273.111)1 Yes _____ No
7. Has the city adopted Urban/Rural Taxing Districts (M.S. 272.67)1
Yes _ No_
(f) Present governmental services being provided In the annexing municipality
and the property proposed for annexation:
* Water
** Sanitary Sewer
& Waste Water
Treatment
Storm
Sewer
Solid Waste
Collection
& Disposal
Fire
Protection
Pollee
Protection
Street
Improvements
Street
Maintenance
Administrative
Services
I I~ Pro-IClty nlllTownshlp
I~ Pro- vldes to Iprovlde Iprovldes
Ivldes to Subject Ito Sub- Ito ~
City Area: I lect Arealsh~~
Yes No Yes No I Yes No Y__ No
I
I
I
I
I
I
I
I
,
ITownshlp
'provides
Ito Sub-
: j~: A~~a
I
I
I
I
I
I
I
I
,
I
,
I
,
RecreatIonal
Other
* If city does not provIde water to the subject area, who does?
Would cIty take over or allow exIstIng
use?
** If city does not provIde sewer to the subject area, who does?
Would cIty take over or allow exIstIng
use?
(g) DescrIbe any exIsting or potentIal envIronmental problems and the need
for additIonal servIces to resolve these problems: (Example: ground or
surface water problems, water qualIty and levels, sewage treatment, aIr
-4-
pol lut~nt emissions, noise, odors, ~ffect on fish or wildlife; effect on
historical resources, archaeological resources, aesthetic resources;
Impairment of park lands, prime farmlands, wild and scenic rivers,
crltlc~1 are~; abandoned dump or disposal site, etc.)
(h) Plans and programs by the annexing municipality for providing needed
governmental services to the property proposed for annexation:
(I) Fiscal Data:
Present
ClassIfication: CIty:
Year:
Present
Townsh I p:
Year:
Subject
Area:
Year:
Trend over last
three years:
(e.g. Increasing,
decreaslng~ stable).
Assessed
Valuation
Tax Rate:
County
Local UnIt
of Gov't.
School
District
Special
Taxing Dlst.
Insurance
RatIng (fire)
Levy
Limit
Actual
Current Levy
Total Bonded
Indebtedness
CJ)
Would the proposed
communIties? Yes
~ctlon affect ~rea school districts or adjacent
No_
Ck) Are new services necessary for subject area? Yes
No_
Does township have capacity to provide? Yes_____
No _____
(I) Could necessary government~1 services best be provided by Incorpor~tlng
or ~nnex~tlon to an ~dJ~cent munlclp~1 Ity to townshIp?
Yes _____ No _____
-5-
em) If only a portion of the township Is annexed:
1. Does the rem81nder of the township h8ve the 8bll Ity to remain 85 Is?
Yes _ No
2. Should the remainder be annexed to another city?
Yes _ No
3. Should the remainder be annexed to another township?
Yes _ No
----------------------------------------
STIPULATED TO BY:
City of
, this _____ day of
, 19_.
Mayor
City CI erk
----------------------------------------
STIPULATED TO BY:
Town of
, this _____ day of
, 19_.
Chair
Town Clerk
8/89
1. DCPIJI...10",,:
'-I'win :!tlft~ ~..:."" Ar(ll~J
....trOP<> I I ten C".oune"
3~C' ....tro Sq"a'"a Bu i I d I nq
7~" & Robert Str..ts
St. F'~~:, ~"~.nesota 5~ICl
".:_) 2~1-!:(4
, C~';' a:.."':c reat..:res:
ll.,IA i'.E.Sa~
St.te n~r.pher
200 Caoltel Square Building
550 C~d~r Street
~t. ~aul, ~I~r~sota 55101
it-12) 296-2~57
":"lln~\. $,:,:: ,Jnd We'te!"" ::cn!'Pf"'....~+i~;, vftl~t'
:.In:.e' ~j ty of ~i"r.f"scta
A,r'e"l~ural Extens'on Office
490 Coff ev Ha I I
142C ~c~les ~venue
St. ~aul, ~Innesota 55108
(612) 625-1915
3. LanG Use:
(lepartment oT Agr' cu I ture
5011 and Water Con~er'atlon Board
90 West Plato Boulevard
St. Paul, ~Innesota 55107
(612) 296-3767
Affected City, TownShip, and County Offices and PlannIng Department
Vetrcoo: it~" Counc if
3CC ue.ro Sq.are Building
-tt-. .!. ~=-t\!::l T (-"ect;
S~. oe~ , Minneio1a 5510~
~~I~) 29h'.16t
~. "r~r'ls;crtc:. icr,:
l:lca' CI ty ~nd T?w~;~IO C'ff ic.es
~CU!"'.'. :.,:: I'!~ef"'
,.. .:.....('>""1.ci
Lc.~al ~ity. Tv",nsl";i~, ~nd County Offic:~s
"t; ~e' I ut i en Centro 1 Agency
'~l: '.f'~. ~vur"tv ;"oad 82
=CSl.:' :'~, Mjr'le:.vt~ !~lj:'
\61, 2</c.-7573
?: 2lr ~ "'S'
~:~~T~ ~un'r~ A1~iri~+ra~c.~
=ag':r,,: C'e..,.t:I<."pl'l'.en~ CCfT"',tis~iorl~
:"C:-~I t ~r:'" i i'<; :Joa"'~
C~r.;'" I s~; ons
,-:~\ll!'r.":m"?r'I.el S~~'I !::~s:
planning Information Canter
LL 65, Metro S~uare Bullclng
hh ~ Roo'!rt St,-aai s
ST. F~":, ~'~nesota ~5tOl
'612> 2:)6-1211
Mln"..~ota oepariment of Tr~nsportetlon
Transportatlo~ eJlldlng
John Ireland 90ulevard
St. Fau', Minnesota 55'5~
(6~~; 297-1177
Minnesota Devartment of Health
717 )eleware Street, So.thc~st
MI ,"n"a~ol ; s, 141 nnesota ~~44D
(cl2i 6?~-5t65
S~ate Plbrnln~ ~~oncy
la~ Carl1n! 5~'J~re 8lJild:nq
)~C Ced~r ~t~e~t
St. ~au'. ~;r~e5ot~ 5~IOl
(61 i') 2cl\-;'?8~
c. ~,., ";".r.~t. p, ':::>~nly, and ~,,-,Ic.~al o~veloj:",o,.t eo.T2':i5SI0~
8. Fiscal llata:
CI~/Tow~.hlp/ end Cou~ty Auoltor
City, Township, and County budgets
FInancial Reports made to the State Auditor.
Oth.~ SOU~~A~ of InformA~lnn:
Plennlng Infcr~t!on Center
LL 65, Metro Square Building
7th & Robert Streets
St. Paul, ~Innesota 55101
(612) 296-1211
Planning Infor~atlon Center
LL 65, Metro SQ_llre BI' i Ie; r~
7th ~ ~obert Strwets
St. PaUl, Mlnnes~ta 55101
(6121 ;:96-1211
M.ltro;>o lit en Co..c; I
3~0 ~iro Su.are dullr.inG
7~~ ! ~~A~t Stree~s
St. ?aul, ~Inresota S~I:1
(61;:) 291-6464
A helpful slide/tape show, OrderlY Annexation- A Way to Grow, may be checked out from the St,te Pl,nnlng Agency, 101
Capitol Square Building, 550 Cedar Street, St. Paul, Minnesota 55101 (612) 296-3985.
~saful publ ir.ations are avaIlable from the ledgue of Minnesota Cities, 183 UnIversity Avenue, ElSt, St. Paul, ~Innesota
55101 (~12) 227-5600: Annexation of Land TO ~Innesota Clt/ec, Consolldatlo~ of Cltlec, and A GuIde for New Cltlec.
JOINT .fSOLU~IOW AS TO OID(ILV A~NrlhTl0W:
~'.IW' lAKe ~.lO. LAKr
\nU".'-'''l.." ti,e ~\"lliclp'l (o.,.\I..~J.'l1 or th.- ~tl'f' nr tllnn''':\oll\ rr,.~t',,'ly ....5
L~!Ull It Irr ~Il...'\li",; ,,"'~ c('\~:.t(:C:IAll(" .",. l.lnl\,"! C'( .Imn.....ltl,; Ctrlaln rortlc,,,:.
c,( ~l'rt..r :'..lc Tu...,,'hlr In th~ Vl! lal;t" u( Pr~or l.:~~.c: cfl<1
Wi.e,,",, II," To~'n":Jlp of ~prtn.; L~'.e .,,,~ t~( \'J I!~r.c of rrlnr tll:e ~"c
p~rLjes 10 the ,~l<l h~".lnr; ^nd
IA,cre:s, lhere Is ^ l>~~I, (01 ~cn~"\C"t IId...c.n th~ "orll,'s to Ih!s actl~n
upon whf,:h tn~ tl'Jttrrs rr,.~cotly ~,:r\)Te Ole H.i.I'''C:O\'';" !!n'~cip:ll Cc,.tnissicn c:"n
he S~ttlfd, and lie municipal p:rrlcs hetet~ d, ~Irc In ;CI rurlh ~u~h le""s
of ~~ttl:-~nt by llt":'ans o! this resolution,
tiO\), Therdore, Be It 1\cs(>lved by tll, ~o'J",lllp nr ~rri~, tal:e and lhe
Vjll;~f or rcior L~l:c, as fo~I,,~,:
1. 'ihH t. ~ loll('.i", dtsrrilx.~ :~ea I" ~.pri(';: tJkc TO"Mhlp Is I>~oi'erlv
'UI.jt'CI 10 tlrdetly .'nne~.t1on under &r.'J pursua:':1 to ~:i"ne~ota St,llutes
~14,032. an': thf parties h.reto do 11~""1' ~esi~"He this .=~a A. 1'1
n~ed of "\~ryi)' .:".,.:'y~tio!\ ~; pro\"ir1cC: b~.. ~"':.tul(::
Scctlu..s I, 2, 3, 4, 9, 10, 11, 12 ~nd the
test, of Sectlo:':s
~n~ 8 (!o~nship II~,
1\ar'r.e 22 I'-en) all in Sprin,; :';1.0 "C',"",shlp,
Stott Count\., ::inn~)ota.
That tnf To",..hip of Spun!; l.ake dC'lS uro" th. PIl:U,C or th!l
ruolutien and ill acioj.>tlon by tI.e coune\! o! th~ Vil1ace of hior \..0".,
coofer juritdictlon upo.. t~e ~in:':e.ota ~unicip'l Co~lssior. so .s to
accCllllfllish :~id ol-der!, ~nne<utioo In 3uor<;~nce vi th th. t.~1 of this
n.olution,
2'~r~~~~.:~:7~~~
~ r~:>.. _~~.A"..~'_ .
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~.""irh~_ ttdlft.cU:' '8i'Iir.iiT... u.t~"'.... ....._
rile II! pr!~E~~~~~!~:.~ti~~;~~c~~:~~Z::
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J. ,.,., "'''ft' AM'f.,1I t. 'h. will... ,.".".... ,.. \hl, 11'......ftt ....11
,,.,,,.Iwt- " "t". I.,.,,,,,.. r""....,Lln., lit" !lII",."" ",IIIlI""....! '''fr'',,~.(l In
.\11 Ult, r,,,,,, tht' T.._ rftlt' II) Ih.. YIII-".. ,"t.. "V," . thrft to
(..* ,..,... ~,..4 ."""""'"'' ... U.. lc~"r;(" c,,( ""01 "fc~U"r, t. pr.wllc
full "unl.I!,,,l ofrvl,.., to the art'A ftllnt...d.
4. Th.. To'" will not nbJ.n to the ~nllc..tlOll ':Ilrlnr. thf nf.t ,fU oe
11.0... rf'..,lnlllr. I,ortlon, of Srr.tlon: I .n~
wldeh .r~ nnt currentl (
. rlrt 01 the vllleGe .nd of th"t !,ortlon of ~c..llon 3 which IlfS
louth of the lake of Prior lAke ~nd eut of the rubllc "CCt" rOld
.lso kno'.'T\ as fIrst Street IncludinG the lAke .,nd the I.\.'n~. thflelr..
~. Subject '_0 Number 8 and 'I below, the YlllAce .crees not to atte";'t
Iny .nne..tio", ot .ny ~epcrty wi~hln the remaInder oe Section
or Sectt..n$ 10 and 11 for. period of It leut four years.
6. Subject lO Number 8 .nd 'I below, the VI \lace Agrees not to .ttempt .Iny
annexltl.,ns of .ny pro!,e.t). within Sections 4 .nd 'I 0, the east, 0'-
Sectlo". ~ .nd 8 for. perIod oe .t It.~t elCht years {rom the d.te
oe the a~r"ement.
7. lec.use ~e the uncert.lnty over wh~ther or ~hfn development ai,ht occur
vithlft Section 12. both p.rties ..ree to leave the question of .nne:oation.
vithln tMs If.. to th.. di:cretlon of the Y.inncs~U ~Iunlcipal C=,:sio~.
8. I( sanlt.ry se~e. collection sy.te~s must be constructed within the
.bove described orderly ann~x'tion .re. because of orders er~ the
Pollution Control AGency or requests from l.n~O~'T\ers or otherwise, bot'
,.rtles aGree to le.ve th~ extensl~n of VillaGe bound.ries to Include
the sewered .re.s to the dlscr.tlon o{ the Hinnesota Munlclp.1 ~ission.
this exception Is ,r.nted only In order th.t the YIII.,e \/Ould be
en.bled to l.y any necessary ~ater pip..s or stora sewers .t t~ Sa"
tfme that the s.nltary sewer collection systea Is constructed.
.. When .nd Ie constr~ctlon beelns Oft the Melropolit.n Sewer Ioard Prior
Lake Intercerlor, the YIll.,e ..y arrly to the conmlsslon {or the
extfnslon of Its bound.rles to Includf the shoreline o( the lake of
Si'rl:o& l)"'~ ,,"t t.) ,)tlo (eot I:tycr..d the surroundlnr. roolds. The purr-ose
of this e1certlo:o Is to ollow c~nstructlon of tb~ sanlt~ry sewer
collec tlon sylle,. "hich "Ill be ccnnec ted to the Interceptor wflcft ! I
ru,~. the vllbee. The "Ill.ce 'ereea to de(cr .ny ..,u_nts f(.r
thi, lr~"~ lewr.r Iy.te_ anJ other "Aic'(~1 l~~,u"..~nl. I.al~st ~
..,..elll""" 1.",11.....11,..1 It" "" l"UL.'.t "''''.Ilnl ..~.,\"I\"..I.
Tlu' Vllll'I" II',tlt", "1.,'.....1 t'J rnu.t'I" \ " '.1II1,",y "r""1 rullf'ctlnll
,y,,\"m InullI,,1 th:tl 11"fl (,f III,.. ink.. n( 1',11.'- I."...,' lh.l ,.. within It:'l
hl'lllll,lnllr~ .Alleh .\y~\rlll will '1$f1 ",. e"nnee\"" to th~ Inleleerlor ",or"
It rrnches II... Vlllnce.
10. nolh p~rlll', nr.rN" 10 ~'Ork Jol"lIy 10 .rcure rr,kr"1 r.I",'I,-ln.nld
end 11etrcl'ollt.,n Se\ll:r lIonlll "rprov,l 'or ~rwc\ extrn~lun~ to this
.reA.
II. Thr Town 'p're:s to ~xclude the He~ de .1r,nHed ns In nerd of orderly
.nnexatlcn (rom Its lonlne .nll subdlvi .Ion o\dln,"crs If the county
viiI 'l;lfe 10 exdud. the nre. from It lonln!:, rq;u13tiono. This
vould en.~le ,he VIII'Ce to exte"d Ihe ol1'rlicHion of lIs lo,.,in~ Ind
subdivision rebulntion~ pursu.nt to ~lillncsota Slltules 462.3~~ and )~'l.
Th. Vill.~e 'ere~s that if It obtaIns 'hIs extr.t.rritorl'l pl~"nln[
pov:!r It ~ill select tvo town~hip residents to serve on its pllnnln(
cOftlTlIHlcn fro," .mon, four res1d~nts nnminHed by the to~'I\ hoard.
,JO<k,.t~
y"J
~. '. ~..~-~.~~~.to-_~.~a~~e-'-;~~~~-"t lIOtIl paitle,-
.. to tst.\lr.1i"'T")1S1n~,tllftlltllC Ind lonlne c~Hi..- for-th
!:..",,-,. ,. ...~__'.__.e..._
~~..nnexo1tiOft::'tf~.~:U abide ~ !_~~~~.~.u:.. ni. .-ltue
~~stnot _ .ppel.lIeI n:pru...r.U... -' ... t... loin. on.
ret__tUIVf .~lntejJ "r' tlle ~17C'c :ocndl ...'IlI a nntr;l Nebel'
II'POlllte4 bJ the S~ott Co.,nty lo.'td oC CoaUul"'-;;.
. \_' ,'. _' .... .,,-.......u:'ll.o ..~ _. - ~ , - ~-..a....____*__~
The effect or annex.tions on popul.tion shol11 be resolved whenever
12.
possible by atrt.1IItnt of the parties. If the.. Is Callu.. to ruch
..,ch .n .~reement, the question sh.ll be resolved by the Minnesot.
Hcnlciral C~ission .t the he.rin~ and the eleterl'lination sh.ll be
Included In the ~isslon order.
13. In .11 annexations within the orelerly annexation .rca the partie. .~:.e
to the Collovin. dl"l.lon of 11na..cl.l assets and obll.atlons:
I. rro~rty Ta~e.
The te.l estate tax Income fot the yr.t I. which the
annexallon uku place shAll be divide'; Oft the ba.h
of the dccl..l Cr.ctlon of the .ssessed v.lue of the
.te. to ~ annexed .. oppo~d to Sprlnc Lake Township',
I.ses.ed v.luatlon " I whole. Thl, ratio would ..
fur~II('I' modified 1..y I.h~ pruport.ion of \,t,.! Y':.lr rcmlininl~
in which the ;)lIn~."::!tion t;\kc:l 1'1!ce. For CJDmnle: If
the .1rC1 to be 1nn('xed cond:.tNI or )O~ of the Town:;hip' 5
1.01..11 .1s:;eszet.! nlu"'tior. ,'\nd 8 months werl'! remlininc in
the ye;Jr :\1. the d:lte of the annn:n:on. tt.1' amnunt of
pro~('rty t.1X revenue fOl"W.1rued to t!':e VillJGa would be
)O'~ til:l(;:; 8/12 or 2~ of Sprinc t,ke':; total rCJl e:;t3te
tax rever~es for tha year durinG ~hich thc annaxation takes
place.
The Town agrees to fO~lard the inji('~t~d amount of tax
revenue oue to the Village within 15 day:; of the annex",tiol
order. 1he Town would then retai~ all rights to receive
these ta) funds a:; they become p;l.-'a~::'e from the county
I. rea surer'. thereby reimbursing itself for any payments
to the village.
b. Per Clll'ita l.ids
The ~unicipal Co~~ission,will detp.rMine the ratio of the
population annexed to the total population of the Town
on the date of its order. This ratio will be further
modified by the proportion of the year ren)inin, in which
the annexation takes place (as explained above with regard
to Property Taxes).
The County Auditor will apply this modified ratio to all
quarterly or other subsequent payments of state per capita
aids to the town and divide the payment aCCOrdingly.
Per capita Aids received by the town 1n the year of annexation,
prior to the date of annexation. would be Gh.1Tcd by the salle
aoditied ratio aa explained above.
Unless and until the entitlement of the town to federal
revenue sharing aids is adjusted pur$U3nt to lederal regulations
relatin<< to boundary ch3ngCI ()l eFR Sec. 51.2)): the town
4
.~r~rD tn arrJy the ab,vc ~~t~~inrd ~~difl,d pOpulltion
r;'\tto to .'lny fcdcr'lJ r('vcnuc r.lnrin.' chr:ck:: rccr.ivr.d .1nd to
fOT"W"nl the ViJl:lec portlon withir1 15 d'lY~ of receipt. of tt.e
funds.
c. ncdic't~d_nn'd or ~'ry. ru~d~
If any annexation:: involve locJtion:: whieh entail dedicated
road or p\rK fund::. these funds nnj th~ir admini::tration will
be turned ovcr to the Villa~e within 15 days aftcr the date
of the an1exation ordcr.
If any annexations involve locatio,s which entail accounts
receivabl~ to be collected in the ruture as special road
assessmcn~s. ::uch funds will be fO~larded by the Village to
the Town.
d. Town G"ne'"l Fund and Other ~s:::>ts
The villa~e a~rees not to apply fo~ ony division of the
Town's Ceneral Funds or other a::::c~r..
14. Unless and until a further orderly annexation agrec~ent is negoti~ted;
the Villa~e ar,rees not to attempt any further annexations within
Spring Lake TOlm::hip tor a period ot 15 ye"rs from the date ot the
a,ree~ent unless there is a unanimous petition of the landowners
involved.
15. 90th parties agree to dismiss the pendinh annexation petition
(Minnesota Municipal Commission File No. A-2148).
- - - - - - - - - - - -
T01mSHIP OF ';PRINC un
Passed and adopted by the Township ot Spring Lake this
_day of . 1972.
Attest: By
Town::hip Clerk Its Chai1"lll3n
--------------------------------
VILUGE OF PRIOR LAKE
Passed and adopted by tho Villaf.c ot Prior Lake this
day ot . 1972.
At test:
Villac( Clerk
ey
Its M~y(or
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by the board is necessary, the board may review
and comment, but shall, within 30 days, order the
annexation in accordance with the terms of the
resolution. This approach avoids the hearing.
b. Decision of the board. (M.S. 414.0325,
Subd.3.)
The board must consider thc following factors in
making its decision to authorize or reject the
annexation of the designated area:
(1) Present population, past population growth,
and projected population of the property proposed
for annexation and of the annexing municipality;
(2) Quantity of land within the property pro-
posed for annexation and in the major annexing
municipality, and natural terrain including general
topography, major watersheds, soil conditions, and
such natural features as rivers, lakes, and major
bluffs;
(3) Degree of contigu ity of the boundaries
between the annexing municipality and the pro-
perty proposed for annexation;
(4) Present pattern of physical development of
the property proposed for annexation and the
annexing municipality, including residential, indus-
trial, commercial, agricultural and institutional
land uses; the present transportation network and
potential transportation issues, including proposed
highway development;
(5) land-use controls and planning presently
being utilized in the annexing municipality and the
property proposed for annexation, including
comprehensive plans for development in the area
and plans and policies of the metropolitan council.
If there is an inconsistency between the proposed
development and the land-use planning ordinance
in force, the reason for the inconsistency;
(6) Present governmental serviccs being provided
in the annexing municipality and the property
proposed for annexation, including water and
sewer scrvice, fire rating and protection, police
protection, street improvements and maintenance
administrative services, and recreational facilities;
(7) Existing or potential problems of environ-
mental pollution and the need for additional
services to resolve these problems;
(8) Plans and programs by the annexing munici-
pality for providing needed governmental services
to the property proposed for annexation;
(9) Fiscal data of thc annexing municip.ll:t\ .and
property proposed for annexation, inc:uding
assessed valuation and the prcscnt bonJ('J in-
debtedness, and thc mill rates of the C0unt\,
school district, and township;
,
(10) Relationship and effect of the rrupusl:d
anncxation on communitirs adjdcent to till' .Ul'.l
and on school districts within and adjacl:nt 10 Ihe
area;
(11) Adequacy of town government to deliver
necessary serv ices to the property proposed for
annexation;
(12) Analysis of whether the needed go\ern-
mental services can best be provided through
incorporation or annexation to an adjacent munici-
pality; and
(13) If only part of a township is annexed, the
ability of the remainder of the township to con-
tinue or the feasibility of it being incorporated
separately or being annexed to another munici-
pality.
Based on these factors, the board may order the
annexation if it finds (a) that the area proposed for
annexation is now or is about to become urban or
suburban in character and that the annexing
municipality is capable of providing the services
required by the area within a reasonable time; or
(b) that the existing township form of government
is not adequate to protect the public health,
safety, and welfare; or (c) that annexation ~ould
be in the best interests of the area proposed for
annexation. The board may deny the annexation if
it conflicts with any provision of the joint agree-
ment. The board may alter the boundaries of the
proposed annexation by increasing or decreasing
the area so as to include that property within the
designated arca which is in need of municipal
services or will be in need of municipal services,
If annexation is denied, no proceeding for the
anncxation of substantially the S:lme area mJY be
initiated within two years from the date of the
board's order unless thc new proceeding is initiated
by a majority of the area's property owners and
the petition is supported by affected parties to the
resolution. In all cases, the board shall set forth the
factors which are the basis for the decision.
c. Planning in the area designated for
orderly annexation.
The joint resolution may provide for the estab-
lishment of a joint planning board to excrcise
- 5 -
t-.
~7
LEAGUE OF MINNESOTA CITIES - ANNEXATION:
The League Of Minnesota Cities has developed a handbook for
municipalities to use for reference purposes. The cha~ter
pertaining to annexation is attached and discusses questlons
and policy issues which should be considered for annexations.
The League suggests that cities review critical questions such
as:
1. Can the city extend services to surrounding, developing areas
and annex those areas without at the same time incurring a
heavy financial responsibility that can only be met by an
increase in taxes or fees and charges?
2. What will be the effect of the annexation on residents,
land owners and property in the area to be annexed?
3. How much revenue can and will be obtained through taxes and
other charges levied against the area?
4. What is the present status of land available in the area and
what is the outlook for future development?
5. What, if any, effect will annexation have on community
development?
The most im~ortant consideration according the the League is will
the annexat10n to the city provide the residents and tax~ayers in
that area with benefits which are proportionate w1th any
additional taxes they may have to pay. A second consideration is
what costs will be incurred by the annexing city. Daily
operating costs to provide the area with police and fire
protection, park and street maintenance and recreational programs
along with capital costs such as street, sewer and park
im~rovements and cost allowance for increased demands upon
eX1sting public facilities and staff must all be considered. The
issues discussed above are the kind of technical considerations
the city should resolve prior to rendering a decision to annex
additional territory.
-FRIOR LAKE COMPREHENSIVE praw:_
There is a brief discussion of the Orderly Annexation Area found
on page 48 of the Comprehensive Plan which is attached. The
discussion relates to current zoning of the area and indicates
that part of the area is within the urban service area. This
section of the Comprehensive Plan is not current. In 1985, the
Comprehensive Plan Year 2000 Urban Service Area was amended and
that area associated with the Orderly Annexation Area was deleted.
There is no service area designation for anf part of the
territory currently designated as Orderly Annexat10n Area.
4