HomeMy WebLinkAbout[06d] Update on Annexaation Process crr)' ST. JOSEPH Council Agenda Item 6(d)
MEETING DATE: September 16, 2010
AGENDA ITEM: Update on Annexation Process
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission accepted the
information presented on the upcoming hearing for October 4 with comments that the proposed
process will be more efficient for the property owners in the Orderly Annexation Area.
PREVIOUS COUNCIL ACTION: The Council along with the Planning Commission met jointly with the
City of Waite and St. Joseph Township to discuss modifying the process for land development in the
Orderly Annexation Area. At this meeting the generalities of the proposal was presented and all present
concurred to move forward.
BACKGROUND INFORMATION: Since the joint meeting, Waite Park Staff (Administrator and Building
Official), St. Joseph Staff (Administrator), Attorney for St. Joseph and Waite Park (shared attorney and
cost) and St. Joseph Township Staff (Clerk and Attorney) have been meeting to refine the process and
create final documents. The documents are ready for implementation. Since the new process will affect
property owners in the Orderly Annexation Agreement and the Agreement has to be amended,
notification is required to all property owners affected. Therefore notices have been mailed for the
meeting on October 4, 2010.
BUDGET /FISCAL IMPACT:
ATTACHMENTS:
REQUESTED COUNCIL ACTION: This is informational at this time
Cfl'V OF ST. JOSEPH Planning Commission Agenda Item 10
MEETING DATE: September 13, 2010
AGENDA ITEM: Update on Joint Planning Process
SUBMITTED BY: Administration
PREVIOUS PLANNING COMMISSION ACTION: During the summer of 2009 the Planning Commissions
of the City and Township of St. Joseph met to discuss potential revisions to the Orderly Annexation
Agreement to better facilitate the planning process. A marked draft was prepared this time.
BACKGROUND INFORMATION: At the same time the Planning Commissions were working on the
Orderly Annexation Agreement, the City of Waite Park, Stearns County and St. Joseph Township where
working on developing a Memorandum of Understanding so that developers in the Orderly Annexation
knew what process to follow. Developers in the Orderly Annexation Area often expressed frustration
with the process they were required to compete by going to the City, Township and then County.
Early in 2010 the St. Joseph Staff started meeting with Waite Park and St. Joseph Township to develop
one process that would be required for any property owner /developer in an Orderly Annexation area in
St. Joseph Township. The Cities of Waite Park and St. Joseph along with St. Joseph Township met this
year to discuss the process and the result of that meeting was to continue moving forward.
The Attorney for the Township and Cities, staff from both the Waite Park and St. Joseph and staff from
Stearns County have been meeting regularly to define the documents and prepare for a public hearing.
The documents are included in your packet.
Since the impact to St. Joseph Township constituents are the same regardless of what City, it seem
logical to have one hearing for both Cities. The hearing will involve the Planning Commissions from both
Cities, the Councils from both Cities and the County Commissioner from our district. Hearing notices will
be mailed to all property owners within the Orderly Annexation Area and the hearing will be held on
October 4 starting at 8:00 PM at the Stearns County Service Center building in Waite Park. The meeting
will be moderated either by Mark Sakry or Jeff Janssen.
Each City will have to take separate action and depending on the testimony that evening, modifications
may be needed and a decision could be made at a later meeting.
The regular City Planning Commission meeting is this night as well and we could start that meeting at
6:30, if we have business or we could move to another night, your choice.
ATTACHMENTS: Request for Planning Commission Action
Memorandum of Understanding, Draft
Orderly Annexation Amendment, Draft
Public Hearing Notice
MEMORANDUM
OF
UNDERSTANDING
Revised March 15September , 2010
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF STEARNS
A 1 THE
_TOWNSHIP OF ST. JOSEPH - AN la '111 E CITY OF ST. JOSEPH
(JU1N7 pow ERS AGRE1
WHEREAS, Stearns County Land Use and Zoning Ordinance, Number 20439 was
effective APt i1J urge 212 200010; and
WHEREAS, Section 1.4B of Steams County Land Use and Zoning Ordinance
Number 20439 states that this Ordinance shall apply to all areas in Stearns County,
Minnesota, "except as otherwise provided in law"; and
WHEREAS, Section 9.15 of Stearns County Land Use and Zoning Ordinance
Number 439 (Attachment 1 herto) addresses land use controls applicable in areas
subject to orderly annexation areas:
WHEREAS, the final plat requirements of Section 5.4 of Stearns County Subdivision
Ordinance Number 230; or successor ordinance, shall apply within the Town of St. Joseph
orderly annexation areas; and
WHEREAS, Minnesota Statutes, Section 414.0325, subd. 5 provides that a joint resolution
may provide for the establishment of a board to exercise planning and land use control
authority within any area designated as an orderly annexation area; and
WHEREAS, the City of St. Joseph ( "City') and the Town of St. Joseph ("Town") have signed
such a joint resolution designating the Town of St. Joseph as an orderly annexation area ( "OA
area ), and in addition, have created the Township of St. Joseph - City of St. Joseph Joint
Planning Board ( "J oint Planning Board which has exclusive authority over land use and
zoning issues within the orclerly - OA area; and
WHEREAS, the County and the Township of St. Joseph - and the City of St. Joseph desire to
enter into a Memorandum of Understanding in order to provide an opportunity to cooperate in
administering zoning within the orderly annexation OA area for the purpose of ensuring better
consistency in land use regulations and in the implementation of those regulations; and
WHEREAS, Minnesota Statutes Section 462.371 provides that any two or more counties,
cities or towns may enter into an agreement under Minnesota Statute Section 471.59 for
the conduct of regional planning activities under the Municipal Planning Act; and
WHEREAS, the County and the Township of St. Joseph - and the City of St. Joseph desire to
enter into athis Memorandum of Understanding as a joint powers agreement under Minnesota
Statute Section 471.59 to ensure mutual understanding of each party to this Memorandum of
their respective duties and responsibilities related to land use issues; and
WHEREAS, the County and the Township of St. Joseph- and the City of St. Joseph desire to
streamline processes and provide efficient level of services to its residents by allowing the
County to administer the applications in the orderly annexation area for items involving
platting, rezoning, variance /administrative appeals, and conditional use permits. The County
will review applications for compliance, collect application fees, publish required legal notices,
and will provide recommendations to the Joint Planning Board for consideration herein
described in the attachment 1; and
WHEREAS, the County will act as the Zoning Administrator, reviewing and overseeing all
relevant zoning related matters in the oil 4 -dt, )A area. They will administer and
enforce all provision of Stearns County Ordinances; or successor ordinances within the orderl-
a <14H O;+, area of the (* Vt )t kitex at OA area that are not specifically administered or
enforced by the Town through this memorandum of understanding; and
WHEREAS, the Township of St. Joseph will provide building, fire, and electrical code
1 inspection services in the e3 , (41-I' ai,ix xatir BOA area inelatinw site inspe- c-tion ; and
1 WHEREAS, all applicable Steams County Regulations apply to the eF4 F OA
area unless otherwise specified through the Orderly Annexation Agreement or Memorandum
of Understanding; and
WHEREAS, the Joint Planning Board will be a nine - member board, consisting of one member
from St. Joseph Town Board, three members from S. Joseph Town Planning Commission, one
Stearns County Commission representative, and the one member from City of St. Joseph City
Council, and three members from the City of St. Joseph Planning Commission will have final
1 authority on all zoning matter described in aAttachment 4 in the ordcrly annexationOA area;
and
WHEREAS, upon adoption of this Memorandum of Understanding by the City of Joseph, St.
Joseph Township and Stearns County, the previous MOU executed by the participating entities
on the following dates:
City of St. Joseph , 20
Township of St. Joseph ,20
Stearns County . 20_
shall hereby be considered rescinded and superseded by the provisions of this agreement.
NOW THEREFORE IT IS AGREED, by the County of Stearns -and the Township of St.
Joseph and the City of St. Joseph agree to cooperate in administering their land use controls as
set out in Attachment 42 of this Memorandum of Understanding. In considering land use
applications the following additional provisions will apply:
1. The land use controls for the Orderly- AiinexationOA Area shall the Stearns
County Urban OverlayExhansion District (Section 9.15 of the Stearns County
Land Use and Zoning Ordinance No. 439) (Attachement 1), except as
limited in Attachment 2.
2. ' wing what Additional uses that may bchall be allowed in the O
Am cxationOA Area by Conditional Use Permit or Interim Use Permit, they
w-44- lhhall be those as identified in appendix 2 ,Attachment 3 which are
identical to the uses allowed in the City of St. Joseph Code of Ordinances.
County of Stearns
Date: B
, Chair
Stearns County Board of Commissioners
Date: Attest:
Randy R. Schreifels
Stearns County Auditor - Treasurer
Clerk Steams County
Township of St. Joseph —C- ice' =S 1. ,,;
Date: By:
Township of St. Joseph
City of Si 1oset)li
Date: By:
City of St. Joseph
ATIA(H\IF\T
SEC] ION 9.15
SI EARNS COLNA'' LAND USE AND ZON1M; °MANAMA'
ATTACHMENT l2
A. Land Use and Zoning Ordinance Provisions
1. -1 liar -a#i- r the c-:on e antic 1 -fll re; ieleinial itk- aing in i t Agricialttkn 1.40
Zo-t±i +) g Districts. t - arccl .1i 4 i be elig i-1)lc as a re- 1- d- ential
dv, site.
Residential accessory buildings shall meet the road setbacks and in no case
shall they be located closer to the road than the residential dwelling.
No residential accessory building shall be located on a lot prior to the location
of a residential dwelling on the same lot.
43. Any manufactured home to be used as a residential dwelling unit shall be no
less than 20 feet in width and shall bear the Seal of Compliance issued by the
State of Minnesota. Residential dwelling units shall be no less than 20 feet in
width.
districts in which they arc allowed.
6. - - - The transfer of residential development rights within the Township is- allowed
- • - .. - _ . . Joseph City of
St. Joseplhis prohibited in the OA area.
75. The transfer of residential development rights from another Township into St.
Joseph Township is prohibited in . b : ' . the OA area.
g6. The transfer of residential development rights from St. Joseph Township into
another Township is al-lowed-in all -zoni - clistrietsprohibited in the OA area.
7. The following uses (as such are defined in the Stearns County Land Use and
Zoning Ordinance) which are permitted or provisional uses in the Urban
Expansion District shall require a conditional use permit in the OA Area:
a. Antennas - TV /Radio Receiving, Short Wave /Private Transmitting
b. Essential Services. Transmission Services and Utility Substations
c. Animal Feedlot expansions
d. Bed and Breakfast Inns
e. Government administrative and service buildings
f. Hoine extended businesses
Home occupations
h. Outdoor recreational facilities
i. Accessory agricultural buildings that are accessory to an Agricultural
Operation
Accessory residential buildings
k. Kennels -.private
1. Solar systems
Structures ures i laiecl to public airports
31. Any other uses determined 1) the Joint l'la;lnini� Board to be similar in
nature and impact t(t the permitted or conditional I SCS enumerated
herein and which are in harmony with the City tin St. Joseph
Comprehensive Pliai.
8. The fi)llovv into uses as such are defined in the Stearns County Land Use and
Zonini.t Ordinance) vv'hich are permitted or provisional uses in the Urban
L�pansiort District shall require an interim use permit in the OA Area:
Temporary ary uses /Spe ialEy eras
b. All uses under Section 9.15.7 of the Stearns County Land Use and
Lonin2 Ordinance
a7c. Any other uses determined by the Joint Planning Board to be similar
in nature and impact t( the conditional or interim uses enumerated
herein and which are in harmony with the City of St. Joseph
ConpreIiensive Plan
B. Administrative Roles & Responsibilities
1. The County shall review all applicable Ordinances, in the ei
anncxationOA area, determining the appropriate levels of approval necessary
for the applicant to proceed. They will review the applications for compliance
and determine whether there is sufficient information for them to proceed.
2. The County will administer the applications in the - : - • • - .. o OA area
for items involving platting, rezoning, variance /administrative appeals, and
conditional use permits. The County will review applications for compliance,
collect application fees, publish required legal notices, and will provide
recommendations to the Joint Planning Board for consideration. The County
will collect the entire application fee and will reimburse the Town and the City
their portions of the fee. The C ounty's fee will consist of staff time and
materials.
3. The County will set the public hearing for the Joint Planning Board by sending
out property owner notifications. The County will send the notification to the
County's official newspaper and to the St. Cloud Time for publications. The
Town and the City will post the public hearings in their respected jurisdictions.
4. The County will review any preliminary plat application with the Stearns
County Platting Committee. The committee will provide the notice of the
meeting to the City and the Township.
5. The County will forward the application and the Department's review to the
City and Township for consideration at the Joint Planning Board public
hearing.
6. The County will forward recommendations to the Township and the City.
Recommendations will based on the County's review of applicable regulations
that apply to the OA area. Additional recommendations from the Township
and the City can also be included based on any additional applicable
regulations they have that would potentially impact the OA area.
7. The Township and the City will schedule regular bi- monthly meetings to be
field on an as needed basis for the the Joint Planning Board. Elie fov■;n Board
and the City Council shrill establish fees for regular and special nieetiJ of the
Joint Planning Board,
8. The Joint Planning Board will serve as the Board of Adjustment in the ()A area
and shall hold the public hearings on all applications for conditional us /interim
use permits, variances, rezonings, platting, and administrative appeals. Except
for rezonings, Tthe Joint Planning Board who will have final authority on all
matters listed above except that any aggrieved person or persons shall have the
right to appeal within thirtyJ3Q) days, after receipt of notice of the decision. to
the Stearns County District Court. The Joint Planning Board shall serve as an
advisory board and shall make recommendations On rezonings which shall be
submitted to the Township and the City for final decision. Rezonings shall
require the approval of both the Township and the City at a joint meeting.
9. The City and the Township will alternate staffing the Joint Planning Board
meetings. Each party will agree to rotate the responsibility on an annual basis
and will prepare agendas, take the minutes of the meetings, and handle the
appropriate paper work associated with the meeting including notifying and
recording the necessary permits associated with the action of the Joint Planning
Board.
I 10. The County will issue site construction permits, and will issue preliminary
enforcement letters to anyone not in compliance with the provisions set forth
in zoning regulations or any other additional restrictions established by the
Joint Planning Board. Further enforcement actions will be brought before the
Joint Planning Board. Any relevant information will be forwarded to the
Township and the City.
'. . .lso provide the Town and the City with copies of all
P ovi sional -uses registered .by-the-County y -on a- monthly- basis:
-1-1—
4-2.11. The Town shall issue all building permits, and conduct size building
inspections for each permit issued . " . - . . - :. - -
appli .:able- zoning ordinances -onee -sitec- onstrue-tion -poi nits are issued -key -the
County. The Township will provide the County and the City with copies of
permits and inspection reports for any permit issued therefore on a monthly
basis.
12. Any inconsistencies within the erd-:.rly annexationOA area will be
brought to the attention of the Joint Planning Board for resolution.
14:13. Any ordinance revisions affecting the OA area shall be reviewed by the
Joint Planning Board prior to adoption.
1 . The Joint Planning Roatd shall regularly FUv icw the (iiv {)1 L_ ) osepii
Comprehensive Plan.
15. This Memorandum of Understanding may be terminated by mutual agreement,
however, if the parties are unable to mutually agree, then any party can
unilaterally without cause terminate the Memorandum of Understanding on
ninety (90) days written notice.
16. The parties shall obtain lial.7iI coverage for the activities to be conducted by
the Joint Planning, Board. The cost of such coverage shall be split equally by
the City. (he County and the Town.
ATTACHMENT 23
The purpose of this attachment is to identify future land uses for property in the
Orderly AnnexatioriOA Area. The areas have been identified with a Planning District
Number which corresponds to the City ofSt. Joseph Comprehensive Plan. The uses
allowed in the district are the same uses identified in the City _ ofSt. Joseph Code of
Ordinance.
When reviewing a land use application in the Or -derly- me atienOA Area, the
documents listed above should be reviewed to assure that permitted uses have not
changed. This attachment is an illustration of uses at the time of execution of this
agreement and are subject to change as the documents are amended.
for-an-example-of-what -the final l-document --wi11 i-i elude,
TOWN OF ST. JOSEPH RESOLUTION NO.
CITY OF ST JOSEPH RESOLUTION NO.
JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE
TOWN OF ST. JOSEPH AND THE CITY OF ST. JOSEPH, MINNESOTA
WHEREAS, the Town of St. Joseph (hereinafter referred to as the "Town ") and the City
of St. Joseph (hereinafter referred to as the "City "), both located entirely within Stearns
County, in the State of Minnesota, have agreed that there is a clear need for a
cooperative future planning effort for the land governed by the two jurisdictions; and,
WHEREAS, to this end, have met extensively in discussion and study of future planning
issues as the Greater St. Joseph Area Committee; and,
WHEREAS, the Town Board and City Council have expressed their desire to encourage
future development of land near the City so as to avail such development of municipal
services as much as is practical, while encouraging the retention of land in agricultural
use;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and
conditions that follow, that the City and Town enter into this Joint Resolution for Orderly
Annexation.
1. Designation of Orderly Annexation Area. The Town and City desire to designate the
area set forth on the map attached (Exhibit 4) and the legal descriptions attached
(Exhibits 1,2 and 3) as subject to orderly annexation under and pursuant to
Minnesota Statutes Section 414.0325.
2. - - - _ . - . _ _ Cc., :Office of Administrative Hearings Jurisdiction. Upon
approval by the Town Board and the City Council, this Joint Resolution shall confer
jurisdiction upon the M es a-M 4 1paJ-- BeafelChief Administrative Law Judge of
the Office of Administrative Hearings (hereinafter referred to as the "M n- is+pa4
Boa-r4Office of Administrative Hearings ") so as to accomplish said orderly
annexations in accordance with the terms of this Joint Resolution.
3. No Alterations of Boundaries. The Town and City mutually agree and state that no
alterations by the Office of Administrative Hearings of the stated
boundaries of the area designated for orderly annexation is appropriate.
4. Review and Comment by the Mu-R-i-e-i-pa-l-ReaOffice of Administrative Hearings. The
Town and City mutually agree and state that this Joint Resolution and Agreement
sets forth all the conditions for annexation of the areas designated, and that no
consideration by the Municipal Bea- rdOffice of Administrative Hearings is necessary.
The Board may review and comment, but shall, within thirty (30) days, order the
annexation in accordance with the terms of this Joint Resolution.
5. Planning and Land Use Control Authority. The Town and City mutually agree and
manner -prescribed by Minnesota - . _ - • , - - _ . _' , - - e _ . •
_ •
through 8, -inclusive. The Town and City have executed a Memorandum of
Understanding (MOU) cooperating with Stearns County to administer zoning
regulations for the purpose of ensuring better consistency in land use regulations
and in the implementation of the same.
In accordance with the executed MOU as referenced above the Town and City will
create a Joint Planning Board which shall have exclusive authority over land use and
zoning issues within the OA area. Any issues that would normally come before the
Planning Commissions of either the City or the Town that involves and within the
boundaries of the orderly annexation area described in Section One prior to
annexation, will be heard by a Joint Planning Board.
Membership of this Joint Planning Board shall be as follows:
A. Three (3) members from the City Planning Board
B. Three (3) members from the Town Planning Board
C. One (1) member of the St. Joseph City Council.
D. One (1) member of the Town Board.
E. One (1) member of the County Board
for-- the3 }- i33eetirws sh all-be -the— esponsibility -o# J - T- own- L-'lerk:
The responsibilities of the Joint Planning Board are those identified in the MOU
referenced above and attached as Exhibit 1.
5,6. Applicable Land Use Controls: Prior to annexation, thc ordinances of thc Town
will control the properties land use controls forin the area designated for orderly
annexation shall follow the terms and conditions outlined in the MOU referenced
above and attached as exhibit 1; following annexation and upon the Town and City
receiving notification from MN Planning that the annexation has been ordered, the
ordinances of the City shall control. At this time the City shall serve as the
"governing body."
All zoning and subdivision regulation within the orderly annexation area, prior to
of Commisvioncrs.
Such mcmbcrship to this committee shall - _ e e e - _ _ _ _ . _ _ _ _ _ _ -
thc City Council and the Town Board. The County mcmbcrship shall be held by -the
powers contained in Minnesota Statutes, Sections 462.351 to 462.364, and shall
• - • - - • - ' - - - e - - - • - -- - - - _ •- Fire Code promulgated pursuant
- - - 'e- • • .! . Upon the City receiving notification from MN Planning that the
annexation has been orderedFollowing annexation, the annexed properties shall be
7. Tax Rate for Annexed Property: When undeveloped land is annexed for the purpose
of development, the City tax rate shall not apply until a plat has been recorded at the
Stearns County Recorder's Office. Until that time the Town tax rate shall be used.
All other properties annexed shall be taxed at the City tax rate upon completion of
annexation.
1 6 -8. Municipal Reimbursement. The City and Town mutually agree and state that,
pursuant to Minnesota Statutes 414.036, a reimbursement from the City to the Town
shall occur for the taxes collected on land annexed into the City, according to the
following conditions:
A. All reimbursement will be based on the valuation and tax capacity of the land
as it exists in the Town at the time of its annexation.
B. The reimbursement on said land shall be based on a five (5) year schedule
with a percentage of base taxes reimbursed to the Town as follows:
Year 1 60%
Year 2 50%
Year 3 40%
Year 4 30%
Year 5 20%
C. At the sixth year, and every year thereafter, all pertinent tax revenues will be
the property of the City.
D. Any circumstances of extreme undue hardship may be cause for re-
negotiation of this section on a case -by -case basis.
1 7,9. Conditions for Orderly Annexation.
A. Zones 1, 2 and 3 in Prior Annexation Agreements.
The December 18, 1997 Annexation Agreement between the City and Town
contain three zones which were to be annexed into the City over differing periods
of time. The City and Town desire to maintain the zones for purposes of this
Agreement. The zones are designated as:
ZONE PROJECTED LIFE LEGAL DESC. MAP
Zone 1 0 -1 Year (1997 -2002) Exhibit 1 Exhibit 4
Zone 2 6 -10 Years (2003 -2007) Exhibit 2 Exhibit 4
Zone 3 11 -20 Years (2008 -2017) Exhibit 3 Exhibit 4
The City will continue to make reasonable efforts to provide and plan for the
possible extension of services into each zone within the projected life of each
zone. Once the projected life of a zone has expired, such as is the case for Zone
1, the City may annex the property on the City's own petition for annexation and
the annexation shall not be subject to the annexation petition requirements in
paragraph 7B below, and shall not be subject to the Criteria for Annexation in
paragraph 7C [1] below. The Township shall not object to such annexation
petition by the City.
Zone 2 will expire on December 31, 2007. Zone 3 will expire on December 31,
2017.
Unless a petition of property owners for annexation has been filed with the City
pursuant to paragraph 7B below, and the criteria for annexation as established in
paragraph 7C below of this agreement is met, the City agrees not to petition for
annexation of any area within Zone 2 until December 31, 2007, or unless it is
ordered to provide sanitary sewer and /or municipal water services to any areas in
said zone by the MPCA or any other state or federal regulatory agency.
Unless a petition of property owners for annexation has been filed with the City
pursuant to paragraph 7B below, and the criteria for annexation as established in
paragraph 7C below of this agreement is met, the City agrees not to petition for
annexation of any area within Zone 3 until December 31, 2017, or unless it is
ordered to provide sanitary sewer and /or municipal water services to any areas in
said zone by the MPCA or any other state or federal regulatory agency.
For all areas within the annexation area between the City and Town which are
not a part of Zone 1, Zone 2 and Zone 3, the City agrees not to petition for
annexation of any area unless a petition of property owners for annexation has
been filed with the City pursuant to paragraph 7B, Annexation Petition
Requirements, and the Criteria for Annexation as established in paragraph 7C of
this Agreement has been met.
B. Annexation Petition Requirements.
Subject to the exceptions in paragraph 7A above, the owners of at least sixty (60)
percent of the parcels of property in the affected area must petition in order for
the annexation to be considered.
If the owners of sixty (60) percent or more, but less than one hundred (100)
percent of the parcels of property in the affected area petition for annexation, a
joint hearing of both the Town Board and the City Council shall be called to
consider the petition. The petition shall not be approved unless both the Town
Board and City Council, voting as separate boards, approve the petition seeking
annexation.
If the owners of one hundred (100) percent of the parcels of property in the
affected area petition for annexation, the City Council will, as an agenda item at
their next regular Council meeting, review the petition for consideration of
annexation.
C. Criteria for Annexation.
Subject to the exceptions set forth in paragraph 7A above, the City and Township
agree that, unless both the Township and City mutually agree to consider a
specific annexation request, property will not be annexed unless all three of the
criteria stated below are satisfied:
1. A petition for annexation has been received and either 100% of the
property owners have petitioned to do so, or the subject property
has completed the hearing process as hereinafter set forth, with
approval of the proposed annexation being obtained from both the
City and Township; and
2. The property for which annexation is sought is contiguous to the
City Limits. For the purposes of this requirement, "contiguous" shall
mean:
a. That the property is sought to be annexed abuts
property within the City; or
b. That the property sought to be annexed would abut
property within the City, but for the existence of an
intervening road right -of -way, the existence of the body
of a river or the existence of the body of a lake. A road
right -of -way (other than as if traversed across its width
to get to the property to be annexed as provided for in
this paragraph) shall not be used as a basis for a
finding that said property abuts or is contiguous to
property within the City; or
c. If only an apex of the property sought to be annexed
abuts property within the City; and
3. The City has immediate ability to extend water and sewer services
to the subject property and the property owner has a good faith
intent to immediately plat the property for which annexation is
sought. That following annexation, but before a building permit is
issued by the City for the construction of any structures thereon,
City water and sewer services must be provided to the structure for
which any building permit is sought.
In the event that the City and Township mutually agree to consider an
annexation request that does not meet all three (3) criteria established above,
at least 60% of the affected property owners must submit a petition for
annexation. In that event, a joint hearing of both the Town Board and the City
Council shall be called to consider and act on the petition. The petition for
annexation shall not be approved unless both the Town Board and the City
Council, voting as separate bodies, approve the petition seeking annexation.
1 8. Joint Planning Committee. Any iccues that would normally come before the Planning
of the orderly annexation area described in Section One prior to annexation- be
h rd by a Joint Planning Commission.
kJ - - . - -.e - ' .e.• ' - ' - —e•••-•
- ... - - - - - - - :
Authority,
Clerk. - - - - -
1 9,10. Periodic Review. The City and Town mutually agree and state that a periodic
review of this agreement is to be conducted beginning three (3) years after the
effective date of this agreement and every three (3) years thereafter. The Joint
Planning Committee as described in Section 85 of this agreement shall be
responsible for conducting this periodic review, and shall present a report of said
review to both the City Council and Township Board for their consideration of any
recommendations.
1 4 -9-11. Authorization. The appropriate officers of the City and Town are hereby
authorized to carry the terms of this Joint Resolution into effect.
1 a -a-12. Severabilitv and Repealer. A determination that a provision of this joint
Resolution is unlawful or unenforceable shall not affect the validity or enforceability of
the other provisions herein. Any prior agreement or joint resolution existing between
the parties and effecting the property described in the attached Exhibits, shall be
considered repealed upon the effective date of this Joint Resolution.
Upon adoption of this Orderly Annexation Agreement by the City of St. Joseph and
Township of St. Joseph, and approval by the Municipal - BeerdOffice of Administrative
Hearings, the Joint Resolution as to Orderly Annexation, City of St. Joseph and
Township of St. Joseph, dated October 2, 1975 and subsequently amended by joint
resolution approved by the City of St. Joseph on April 16, 1987, and approved by the
Town of St. Joseph on April 27, 1987 and subsequently amended by joint resolution
approved by the City of St. Joseph on December 18, 1997 and approved by the
Town of St. Joseph on December 29, 1997, shall hereby be consideredlrevoked by
the provisions of this Agreement.
12.13. Effective Date. This Joint Resolution shall be effective upon adoption by the
governing bodies of the City and Township and approved by the Municipal
Bea- rdOffice of Administrative Hearings.
Approved the day of , 2006, by the Town Board of the Town of
St. Joseph.
Chair
Chair
Approved the day of , 2006, by the City Council of the City of
St. Joseph.
Mayor
Clerk/Administrator
Exhibit 1
0 — 5 Year Urban Service Area
Section 02- 124-29
S % - SW '% West of CR 133
Section 03- 124 -29
So. 10AofNE% -SE' /.
SE % - SE %
So. 30AofSW % -SE'/.
So. 30 A of SE '/. - SW 1/4
SWYa -SW /.
Section 04- 124-29
SE % - SE % No. of Sly R of Railroad
Section 09- 124-29
NE % - NE'/. No. of Sly of Railroad
E 1/2 So. Of CSAH 75 Sly R/W Less City
S % - SW % E of 1 -94 Ely RNV
Section 10- 124-29
E 1/2 - NE 1/4 No. of Nly R/W of Railroad Less City
NE % - NW 1 /4 Less City
W %2 - NW '/. Less City
SE % - SW % Less City
S'/2 - SE 1/4 Less City
Section 11- 124-29
W'/2 - NW'/ Less City
E % - SW'/ Less City
Section 14- 124-29
N %2- NW'/.Less City
Section 15- 124-29
N 1/2 - NE'/ Less City
NW % - NW '/ Less City
NE '4 - NW ' Less City
Exhibit 2
6 —10 Year Urban Service Area
Section 02- 124-29
W% -SE' /.
NE % -SW%
E %2- NW % -SW' /,
Section 03- 124-29
W % -NE'/.
NW%
NW % -SW%
NE% -SW'/,
NW % -SEY4
No. 10AofSE'''A -SW'/.
No. 10 A of SW % - SE %
Section 04- 124 -29
NE% - SE'/
NW 1/4 - SE'/ E of So. Fork Watab River
SW % -SE' /.
SE 1/4 - SE % So. of Sly R/W of Railroad
Section 09- 124-29
E' /2 - NE'/ So. of Sly R/W of Railroad and No. of Nly R/W of CSAH 75 Less City
Section 11- 124 -29
W %2 - E '/2
Section 14- 124-29
NW'/, -NE%
W 792 Ft SW % - NE' /. Less Triangle, Containing 20 A.
S 1/2 - NW 1/4
N%2- NW'/ -SW%
N %- NE % -SW%
Section 15- 124-29
NW ' - NW ' Less City
S %2 -NW%
N %2 -SW%
Section ' - SW 1/4
Section 16- 124-29
N %2 - NE Less City
S%2- NE %Eof Ely RNV1 -94
NW ' E of Ely RNV 1 -94
SE %of Ely RNVI -94
Exhibit 3
11 — 20 Year Urban Service Area
Section 01- 124-29
Entire Section
Section 02- 124-29
NE %
NWY4
W'/2- NW % -SW'/
E % -SE' /.
Section 03- 124-29
E Y2 -NE%
NE'/- SE % Less Sly 10A
Section 11- 124-29
E' /2 -EY2
Section 12- 124-29
Entire Section
Section 13- 124-29
That part of Section 13 North of the Sauk River
Section 14- 124-29
That part of Section 14 North of the Sauk River described as follows:
E /2 - NEY4
E 792 Ft SW' - NE 1 /4 Less Triangle, Containing 20 A
SE' /.
S %2 -SW' /.
S %- NW% -SW' /.
S %- NEYa -SW%
Section 15- 124-29
S %2 -NE%
SE'
SE'/ - SW'/
Section 21- 124-29
That part of Section 21, Northeast of Interstate Highway 1 -94
Section 22- 124-29
That part of Section 22, Northeast of Interstate Highway 1 -94 and North of the Sauk
River
CITY OF ST. JOSEPH
CITY OF WAITE PARK
TOWNSHIP OF ST. JOSEPH
NOTICE OF JOINT PUBLIC HEARING ON AMENDMENTS TO
ORDERLY ANNEXATION AGREEMENTS
REGARDING ZONING AND ADMINISTRATION OF LAND USE
APPLICATIONS WITHIN THE ORDERLY ANNEXATION AREAS
PUBLIC HEARING NOTICE
Please take notice that the City Councils of the Cities of St. Joseph and Waite
Park and the Town Board of St. Joseph Township will hold a public hearing on the 4th
day of October, 2010, at 8:00 p.m. at the Stearns County Service Center West located
at 3301 County Road 138, Waite Park, Minnesota. The purpose of the hearing is to
consider revisions to the Orderly Annexation Agreements between each City and the
Township to establish new provisions for zoning and the administration of land use
permits within the respective orderly annexation areas. Copies of the proposed
revisions are available for public review at the following locations during regular
business hours: St. Joseph City Hall, 25 College Avenue North, St. Joseph, MN; St.
Joseph Town Hall, 31802 County Road 159, Collegeville, MN; Waite Park City Hall, 19
13 Avenue North, Waite Park, MN and available at the hearing for public review.
Anyone wishing to address the should be in attendance at the above stated time and
place or submit prior .
Dated this day of , 2010.
CITY OF ST. JOSEPH
Judy Weyrens,
City Administrator
CITY OF WAITE PARK
Shaunna Johnson,
City Administrator - Clerk- Treasurer
TOWNSHIP OF ST. JOSEPH
Anne Reischl
Town Clerk
TOWNSHIP OF CITY OF ST. JOSEPH
SAINT JOSEPH CITY OF WAITE PARK
TOWNSHIP OF ST. JOSEPH
Po BOX 58s NOTICE OF JOINT PUBLIC HEARING ON AMENDMENTS TO
St. Joseph MN 56374
320 -363 -8825 ORDERLY ANNENEXTION AGREEMENTS
REGARDING ZONING AND ADMINISTRATION OF LAND USE
APPLICATIONS WITHIN THE ORDERLY ANNEXTION AREAS
PUBLIC NOTICE
Please take notice that the City Councils for the Cities of St. Joseph and Waite
Park and the Town Board of St. Joseph will hold a public hearing on the 4th
day of October, 2010 at 8:00 PM at the Stearns County Service Center West,
Room 121, located at 3301 County Road 138, Waite Park, Minnesota.
CITY OF ST. JOSEPH The purpose of the hearing is to consider revisions to the Orderly Annexation
PO BOX 668 Agreements between each City and the Township to establish new provisions
St. Joseph MN 56374 for zoning and the administration of land use permits within the respective
320 -363 -7201 orderly annexation areas.
Jweyrensecityofstjoseph.com
Copies of the proposed revisions are available for public review at the
following locations during regular business hours: St. Joseph City Hall, 25
College Avenue North, St. Joseph MN; Waite Park City Hall, 19 - 13th Avenue
North, Waite Park MN; St. Joseph Township by contacting Anna Reischl at
320.363.8825 and available at the hearing for public review.
City of All persons wishing to speak will be heard with oral testimony limited to five
alte minutes. Written testimony can be submitted prior to the hearing by mailing
ant to St. Joseph Township, Attn: Anna Reischl, PO Box 585, St. Joseph MN
56374.
Dated this 13th day of September, 2010.
19— 13 Avenue North TOWN OF ST. JOSEPH
PO 80X 339
Waite Park MN 56387
320-252-6822
sjohnson.waitepark.org Anna Reischl
Town Clerk
CITY OF ST. JOSEPH
Judy Weyens
Administrator
CITY OF WAITE PARK
Shaunna Johnson
Administrator--Clerk-Treasurer
Section 23- 124 -29
That part of Section 23 North of the Sauk River
Exhibit 3 - Cont'd
11 - 20 Year Urban Service Area
Area added 2006
Section 04- 124 -29
NW '/
NE
SW '/
NW % of the SE % lying West of the centerline of the Watab Creek
Section 05- 124 -29
That part Tying easterly and northeasterly of the easterly and northeasterly right -of -way
line of
Interstate Highway Number 94
Section 08- 124 -29
That part Tying easterly and northeasterly of the easterly and northeasterly right -of -way
line of
Interstate Highway Number 94
Section 09- 124-29
NW Y,
N %