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HomeMy WebLinkAbout90-35 HERITAGE 1891 COMMUNITY 1991 1ffJ~JV 2Q9/ RESOLUTION 90-35 RESOLUTION AUTHORIZING THE ADOPTION OF A CITY OF PRIOR LAKE ANNEXATION POLICY AND PROCESS MOTIONED BY WHITE SECONDED BY FITZGERALD WHEREAS on November 22, 1972 the City of Prior Lake entered into an Orderly Annexation Agreement with Spring Lake Township, and WHEREAS, the Orderly Annexation Agreement has been used to guide the annexation process between the City of Prior Lake and Spring Lake Township since its adoption, and WHEREAS, eighteen years has elapsed since the adoption of the Orderly Annexation Agreement, and WHEREAS, the Prior Lake city develop a policy on within the Orderly area, and Council determines it necessary specific annexation requests, Annexation area and without to both the WHEREAS, this policy will serve as a guideline for the Prior Lake city Council in making decisions on annexation petitions and annexation actions on their own, and WHEREAS, the Prior Lake City Council has publicly and thorou9hly discussed and reviewed this policy on three occaSlons prior to its adoption. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the attached Annexation Policy and Process is hereby adopted by the Prior Lake City Council. Passed and adopted this 6th day of Auqust, 1990. Andren Fitzgerald Larson Scott White YES X X X- X- X- NO Andren Fitzgerald Larson Scott White Lake {Seal} 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245 CITY OF PRIOR LAKE ANNEXATION POLICY On November 22, 1972 the City of Prior Lake entered into an Orderly Annexation Agreement with Spring Lake Township. The A~reement set forth parameters for the annexation of certain land w1thin Spring Lake Township either contiguous to or adjacent to the City of Prior Lake. The daily reference and practical had essentially ceased over 10 and in9Uiries into annexation evaluatlon of the Agreement, its application of this A~reement years ago. Increasing lnterest have resulted in a renewed parameters and requirements. It is the Policy of the City of Prior Lake to su~port the use of the Orderly Annexation Agreement Process. ThlS process is regulated by Minnesota Statutes 414.0325. This precedence has been established since 1972 with the original agreement which exists toda~. The Municipal Board promotes the use of orderlr annexatlons because that process emphasizes "negotlation and agreement". It is the pOlicr of the City of Prior Lake to initiate annexation actlons on its own. These actions would be initiated by the adoption of a Resolution ~ursuant to Minnesota statutes 415.0325 Subdivision 1. Prlor 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. It is the policy of the City of Prior Lake to facilitate the processin~ of petitions or applications for annexation to the City withln the orderly annexation area under the following three 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 deslgned (and consistent wlth the Cit~'s intent) for the a~plicant to submit sufficlent base data for the Clty 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. 1 3. Applicant submits a non-refundable $500 filing fee along with the submittals in step '2 of the process. A~plicant will be responsible for possible addltional costs up to a maximum out of pocket expense of $2500. All expenses will serve as a reimbursement for staff time as determined on an hourly basis b~ the City Manager. Fees will be reviewed and posslbly amended on an annual basis by the City Council. It is the applicant's responsibilitr to undertake an evaluation and provide information ln support of their request pursuant to the re9Uirements set forth in Minnesota statutes 414.0325 Subdivlsion 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. It is the policy of the City of Prior Lake to consider annexation requests outside of an existing orderly annexation agreement area. If a request is made, the following conditions 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 Annexatlon Agreement prior to annexing any property. All efforts will be made to that extent where possible. However, in the event an Orderlr Annexation Agreement cannot be successfully attained, the Clty maintains the prerogative to initiate or consider annexation proceedings pursuant to Minnesota Statutes. It is a polic~ of the City of Prior Lake to be objective in their evaluatlon of annexation petitions and requests. The City's position will to the greatest extent be consistent with the overall best interest of the community. To further this objectivity, some form of evaluation standards must be present in order for the City Council to take a position on a particular annexation proposal. It is difficult to predict all of the conditions and standards that must be evaluated on each request, however, the following will serve as the minimum standards necessary for the City Council to analyze prior to making a decision on an annexation proposal. 1. Is the request Comprehensive Plan Plan be amended deviation from the consistent with the City's and/or can the Comprehensive successfully without a great existing plan for the area? 2 2. Is the stipulation form as submitted by the applicant thorough and complete? Does the stipulation form address all of the requirements as noted in Minnesota statutes 414.0325, subdivision 3? 3. What financial impact results from the extension of services to the proposed annexation area? Will an overall city-wide increase in taxes, fees or char~es result? Is an overall city-wide increase justlfied based on the importance of annexing the area? 4. What will be the effect of annexation on residents, land owners and property in the area to be annexed? 5. How much revenue can and will be obtained through taxes and other charges levied against the area? will that revenue be sufficient to offset the costs of annexation. 6. What is the present zoning and development status of the land available in the area, and what is the applicant's intention for future development of the area? 7. What, if any, effect will annexation development of this property have on future potential development of property within municipal boundaries adjacent to or near annexation area? and or the the 8. How will the Cit~ and general Prior Lake community as a whole benef1t from this annexation? 9. Any other standard or condition that the Council so designates or chooses in step 3 of the annexation process is attached as this policy. 3 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 and submittal requirements. Submittal form will be to applicant. Decision as to necessary information for step *3 action is made at this step. Upon recelvlng applicant submittals, staff preliminary summary of information and evaluation. City Council action on preliminary summary and annexation concept. Decision to proceed with evaluation is determined. Policy provided required 2. prepares 3. general further 4. Applicant and staff time is invested to prepare more detailed evaluation and analysis. All submittals are received, staff work is completed and possible recommendation prepared. S. Plannin9 Commission conducts hearing on request, receives public lnput and makes recommendation. 6. City Council schedules for discussion, reviews information and makes decision to either accept or request in the form of a Resolution. all reject 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-) 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 maf or may not be required after step 6. Estimated Munlcipal Board processing time is 1 - 4 months. Within an orderly annexation area (in our case) Township Board ap~roval is not necessary to process or act on an applicatlon. Consideration should be given to what position the City wants to take with the Board, if any, on these matters. 4