A. Upon completion of the required preannexation studies and payment of requisite fees, the code administrator may schedule any authorized annexation proposal for a public hearing before the planning and zoning commission as soon as such request may be accommodated by the commission schedule. No such hearing shall be scheduled until the required preannexation studies have been received unless the city council waives such requirement. If the preannexation studies produce results which are unexpected or extraordinary in their consequence, the code administrator may refer such matter to the mayor or city council to reevaluate the willingness of the city to continue consideration of the annexation request. The legal purpose of such public hearing shall be to receive public comment and to formulate a recommendation to the city council regarding proper zoning or land use regulations for the lands in question. At the conclusion of its deliberations, the planning and zoning commission shall submit a recommendation to the city council regarding potential zoning of the lands under consideration for annexation. The planning and zoning commission is also authorized to comment upon the advisability of annexation of the subject lands in light of provisions of the comprehensive plan or other planning considerations. Such recommendations shall include the rationale employed and facts relied upon by the commission in reaching its recommendation.
B. Upon receipt of the planning and zoning commission recommendation, the city council may schedule a public hearing to consider zoning of the lands for which annexation has been requested. The city council may also require additional information from the applicant or others or may require such studies as it deems necessary to properly consider the annexation request. The costs of any such additional studies shall be prepaid by the annexation applicant. No public hearing may be scheduled before the city council until all such expenses have been paid and until the required study results have been received, unless expressly authorized by the city council. The public hearing concerning zoning in anticipation of annexation shall be conducted as a legislative public hearing.
C. Upon completion of the public hearing concerning zoning, and after considering such other information as it chooses to rely upon, the city council may decide to enact an ordinance annexing the subject lands, or any parts thereof, and to establish the zoning designation thereof. No annexation shall be completed by ordinance publication until all fees and expenses required to be paid have been received and until an annexation agreement has been executed and performed to the extent required by the city council.
D. The city council may waive the annexation agreement requirement if it believes such agreement would serve no useful purpose. (Ord. 133, 4-13-2005)