Loading...
HomeMy WebLinkAbout2005 [11] Nov 02 {Book 36} CITY OF ST. JOSEPH www.cityofstjoseph.com St. Joseph City Council November 2, 2005 6:30 PM St. Joseph City Hall- Lower Level Conference Room Administrdtor Judy Weyrens 1. Call to Order 2. 6:30 PM Water and Sewer Rates MdYor Richdrd Gulbom 3. 7:15 PM Discussion on expansion of Orderly Annexation Agreement Councilors AI Rdssier Ross Rieke Renee Symdnietz Ddle Wick 4. 7:45 PM Adjourn 00000000000000000000000000000000000000000000 St. Joseph City Council! Planning Commission and St. Joseph Township Board and St. Joseph Township Planning Commission November 2, 2005 8:00 PM St. Joseph Community Fire Hall 1. Call to Order 2. 8:00 PM Public Hearing, Expansion of Orderly Annexation Agreement 3. 8:30 PM Land Use Management within the Orderly Annexation Area 4. Adjourn File 2.)" College Avenue North, PO Box 668 . Sdint. Joseph, Minnesotd )"6)74 Phone ,2.0.,6,.]2.01 FdX ,2.0.,6,.0,42. Administrdtor Judy Weyrens Mayor Richard. Cdrlbom Councilors AI Rdssier Ross Rieke Renee Symdnietz Ddle Wick CITY OF ST. JOSEPH www.cityofstjoseph.com Public Hearing City and Township of St. Joseph The City and Township of 81. Joseph will meet in joint session on Wednesday November 2, 2005 at 8:00 PM at the 81. Joseph Community Fire Hall, 323 - 4th Avenue NE. The purpose of the hearing is to amend the boundaries of the Orderly Annexation Agreement and to add language to the same agreement outlining the terms for future annexation. The proposed changes can be viewed at the 8t Joseph City Offices, 25 College Avenue North, 81. Joseph MN 56374. All persons wishing to speak will be heard and oral testimony will be limited to five minutes. Written comments may be forwarded to the address listed above. Judy Weyrens Administrator City of 81. Joseph Anna Reischl Township Clerk 81. Joseph Township. Publish: October 21,2005 2)" College Avenue North' PO Box 668 . Sdint. Joseph, Minnesotd )"6,74 Phone ,20.,6,.]201 Fdx ,20.,6,.0,42 /' u. Willenbring (Retired 1988) Jasoni Baniett Kirby Dahl Mark: McKeon Nancy Melgaard Paul Wocken DaniJI Zimmermann I I I I , I WILLENBRIN G, DAHL,WOCKEN & ZIMMERMANN ,PLLC ATTORNEYS MS ANNA REISCHL 200 HILL ST W ST JOSEPH MN 56374 I September 21, 2005 RE:' St. Joseph Township/Amepdment to City of St. Joseph Orderly Annexation Agreement , Our File No.:' 1405-058 " ! ! i I Dear Anna: 1 Anna, I have reviewed the proposed language containing the amen ment to the St. ,Joseph Township/City of St. Joseph Orderly Annexation Agreement which wouldCidd a 'sub-section" (C) of the Agreement. I' The language I would suggest is modified, from the original draft. I have underlined new language and lined through language to be delet~d. I "Qualification ,for Annexation: The City ,and' Township I mutually agree that, unless both the Township and City mutually a~ree to consider a specific annexation request, 'II property w11l 'not be annexed unless all three of the criteria stated below are' satisfied 'unless both the Tmmchip and City mutually agree' to conoider a cpecific annelEation request. 1. A petition for. annexation has been received and eithe,r 100% of the property owners have petitioned to do so, or the subj ect property has completed the hearing process! as hereinafter' set forth, with approval of, the proposed I' annexation being obtained from both the City and Township; and I 2. The property requesting annexation is contiguous to the: City Limits; and ' the I I I I I 3] 8 Main Street. P.O. Box 417. C(jld Spring. MN 56320 (320) 685-3678 FAX (:320) 6854021 ' ; Ms, Anna Reischl September 21, 2005 Page 2. In the event that the City and Township mutually agree to consider an annexation request that does not meet -Efle all three (3) criteria. established above,. at least 60% of the afIected property owners must submit a petition for annexation. In that event, a j oint 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 I not be approved unless both the Town Board and the City I Council, voting as separate bodies, approve. the petition I seeking annexation. n j' The above modifications clarify but do not expand what I under tand the agreement of the parties to be. As I understand it, oncel the Town Board has. approved the proposed language, it would then be submitted to the St. Joseph City Attorney and the City of St. JQseph for final approval, after which a joint hearing will be scheduled and after which. the Orderly Annexation Agreement will be amended. :Once the Town Board has considered the above language, please give me !your direction and I will proceed to the next step. . Very truly yours, KD/ds PLLC cc: Matt Symalla Jerome Salzer Jeff Janssen January 25, 2005 Page 1 of 2 Pursuant to due call and notice thereof, the City Council for the City of Sf. Joseph met in joint session with the City of St. Joseph Planning Commission, St. Joseph Township Board and St. Joseph Township Planning Commission on Tuesday, 25, 2005 at 8:00 PM in the St. Joseph Township Hall. St. Joseph City Council Present: Mayor Richard Carlbom. Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz. City Administrator Judy Weyrens. City of St. Joseph Plannina Commission Present: Chair Gary Utsch. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Bob Loso, Jim Graeve, Michael Deutz. St. Joseph Township Board Present: Board Chair Joe Bechtold. Supervisor Jerrome Salzer, Township Clerk Ann Reisch!. St. Joseph Township Plannina Commission: Matt Symalla, Ralph Eiynck, Jeff Jansen. Bechtold opened the meeting and stated the purpose of the meeting was to review the possible extension of the Orderly Annexation Agreement. City Planning Commission Chair Gary Utsch stated that the City Council and Planning Commission reviewed the service areas identified in the current Orderly Annexation Agreement and prepared a revised service area map for discussion purposes. The map was updated to reflect current City boundaries and to move to the current year any property where development is actively being discussed. In addition, the service area has been expanded to include all property abutting Interstate 94 north of County Road 2 and south of County Road 75. During discussion of the proposed amendment of the Orderly Annexation Agreement the following items were discussed: ~ Property included in the Orderly Annexation areas must be completely within the boundary as one parcel cannot be covered by two separate agreements. Before completion of the amendment, boundary lines will be verified. ~ Before the Orderly Annexation Agreement can be amended, a public hearing will be required. As in the past, St. Joseph Township will mail hearing notices. The hearing will be joint, with the City present. Each jurisdiction will take action at their next regularly scheduled meeting. ~ For simplicity purposes, all property contained in the Orderly Annexation Area will receive notice of the public hearing. City and Township Administration will find a suitable location for the hearing and establish a meeting date. ~ Concern was expressed regarding property west of Interstate 94 and if the City will be annexing that area in the near future. City Representatives responded that they have no immediate plans to develop property west of 1-94. In fact, the City Water Filtration Plant will be constructed in Sf. Joseph Township, as the City did not want to extend services under the Interstate. It was the consensus of those present to accept the proposed changes to the service area as presented. Those present also discussed the need to update the verbiage in the agreement regarding under what circumstances property could be annexed. The Township expressed frustration with a neighboring jurisdiction that is in the process of annexing property that is not contiguous to their boundary. Bechtold stated the purpose of the Orderly Annexation Agreement was to provide for continuous development upon the request of the property owners who desire municipal services. The Agreement should not allow for island annexation because a specific developer is willing to pay the cost to extend services beyond an area that does not need or desire services. January 25, 2005 Page 2 of 2 Those present agreed to amend section 7 the Orderly Annexation Agreement adding the following provisions as sub-section (C): Qualification for Annexation: The City and Township mutually agree that property will not be annexed unless all three of the criteria stated below are satisfied, unless both the Township and City mutually agree to consider a specific annexation request. 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 with approval from both the City and Township; and 2. The property requesting annexation is contiguous to the City Limits; and 3. The City can extend water and sewer services to the subject property. In the event that the City and Township mutually agree to consider an annexation request that does not meet the 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 the petition. The petition shall not be approved unless both the Town Board and City Council, voting as separate bodies, approve the petition seeking annexation. Weyrens and Reischl will forward this information to the Township Attorney for review and a final draft of the new language will be prepared. After both the City and Township have approved the draft, the joint hearing will be scheduled. Southwest Beltwav: City Engineer Joe Bettendorf presented those present with information regarding the proposed transportation route entitled the Southwest Beltway. The Southwest Beltway affects property in the City of Waite Park, St. Joseph and St. Joseph Township. The Southwest Beltway will connect from County Road 138 to County Road 75. The area where the road is proposed, is being sought by developers for development and the St. Cloud Area Planning Organization (APO) is requesting that a corridor study be completed. It is estimated that the corridor study will cost approximately $ 850,000. During discussions with the APO, the cost sharing is proposed with Stearns County contributing 50% of the total cost and the City and Township equally dividing the remaining 50%. Representatives from St. Joseph questioned if the Township would be willing to contribute towards the cost of the Study as the property is currently located in St. Joseph Township. Bechtold stated that it is his opinion that the road corridor needs to be preserved and the study should be completed before development artificially determines where the road will be placed. Township representatives requested additional information on the total cost and will consider the request at a future meeting. Adiourn: Carlbom made a motion to adjourn at 9:30 PM; seconded by Rieke and passed unanimously. Judy Weyrens Administrator .. ..' ",".:.t' 11 Seventh Avenue North P.O. Box 1433 St. Cloud. MN 56302-1433 320-251-1055 Toll Free 800-445-9617 Fax 320.251-5896 rajhan@rajhan.com www.rajhan.com Frank J. Rajkowski o. Gordon H. Hansmeier Frederick L. Grunke Thomas G. Jovanovich. John H. Scherer' Paul A. Rajkowski" Kevin F. Gray William J. Cashman Richard W. Sobaivarro Patrick J. Larkin Susan M. Dege LeAnne D. 8artlshofskl Kevin J. Rodlund Sarah L. Smith 'VlRajkO\NSki Hansmeier lid. . . ATTORNEYS AT LAW March 20, 2002 Ms. Judy Weyrens Clerk Administrator of the City of St.. Joseph 25 College Avenue North P.O. Box 668 St. Joseph, MN 56374 Re: Land Use Regulation in Orderly Annexation Area Our File No. 21793 Dear Judy: Under Minn. Stat. ~ 414.0325, planning in areas designated for orderly annexation may . be handled in several ways. The joint resolution designating the area for orderly annexation may provide for the establishment of a separate board to exercise planning and land use controls within that area. If the joint resolution does not provide for a joint planning and land use board, then the statute provides for one of two other alternatives: ~..( JftheCo~lUty.ar,.dToWIl:ship agree to exclude the area from their zoning and . ~,::<. :~l1bdivi~ionregulations; the :City may extendjts~zoning;andSubd~vision; r~gu1ations1 .. to the;eritii-e orderly annexation area, or. '::.,. ""~.,, . .... ; ". 2. If the County and Township do riot agree to such extra territorial zoning and subdivision regulation, the orderly annexation area shall be controlled by a three- member committee representing the City, Town and County. This three member committee shall serve as the "governing body" for purposes of land use' decisions. ' . . I It is my understanding that ~t the present time, land use decisions ate governed by a r three-member board comprised ofa representative of the City, Township and County. X . believe that this board was created by agreement as opposed to beingcreatcd by default. I I believe that the Cjtyand Town could extend City regulation into these areas one of two ways. First, the joint resolution could be amended to provide for extension of City regulation into the orderly annexation area. The County would need to sign on as well. · Not only would. the City apply . its. ordinances to the orderly annexation areas, but the City Pl.anning,PQ~ss~~n :a~d City. Council would. ~erv;e: as~be: advi~0ry;~4.~qV~~i~~jbqar.~s WIth regard to deCiSions made.m those areas . .... '..' I"'" . ,. "."" ,.t. "1 .. ,I... .'. " ..r I .,' .,....'.;.... ...... ,'_. _.' .,:, , .._ " . . ....'. .~~.. ~......, .j...).... ........./l..... ~....:-..~-. '~<..~',~.:... "'j,,, ) I ,'; '. .. ~'-:~:'/:': ~.;;~. n:){: ,';': ,:.t"'':-; (.i~;;:'_.r. ;':;~:Ct.,. . .1' . ~ . . ..,' .,: - . .: "":c':. ,"/ ;":.if i...:,~ :,':,;'." .~',: : ,.-.~. or :i . - ;.,.t. . . ~ '; ,'-::', '"' 'f. i Frank J. Rajkowskland Richard W. Soba/Varroare admitted to practice In North Dakota, Gordon H, Hansmele, in North Dakota and Wisconsin, Paul A. Rajkowski In Wlsrons/n and Wllli.im J. cashmah in South Dakota. OMember of American Board of TrIal Advocates. "Qualified ADR Neutral. ! I Ms; JudyWe)1"ens Match 20 . 2002' '. " . : Page 2 .. ......... ~T ."' ". . . , . . Alternatively; I believe;thatwe could aU()wthethree-memberCityrtownship/County board to continue asa governing body, but simply have that body adopt City zoningartd subdivision regulationS to govenithe ateadesignated for orderly annexation artdprO'ceedwithzoning those areas in accordance with our zoning calcitications. '1 ass\l1ne that for the most part, except for established'residential properties, the zoning would be agriculturaL, As the property is_designated for 'development, ,it would then be re-zoned by thejoint board (or City upon anneXation) to'. the appropriat~develbpedlanduse. -' . . . . Asastartirig.point the ToWn rnayfmd it more palatable to. allow the joint board to continlleto exercis:eqdecisiontJlakingau.thority~but to do so within the zoning and subdivisionguideljnes establishedhyour ordinances. In th~smanner, they would still maintainc6nttol.Clver re-zoning tmoughtheirPlanningComInisSion ahd representation on the joint bO'atd, but they would be doing SO withitfth:eregulations established by ou.r ordinances. . I hope:ihisintormation ishelpfui to you in beginning to move this issue forWard. . Let meknow if you'have ,any' qu.estions or need other iriformation relative to this matter; . JHS/kjp January 25, 2005 Page 1 of 2 pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in joint session with the City of St. Joseph Planning Commission, St. Joseph Township Board and St. Joseph Township Planning Commission on Tuesday, 25, 2005 at 8:00 PM in the St. Joseph Township Hall. St. Joseoh City Council Present: Mayor Richard Carlbom. Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz. City Administrator Judy Weyrens. City of St. Joseoh Plannina Commission Present: Chair Gary Utsch. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Bob Loso, Jim Graeve, Michael Deutz. St. Joseoh Townshio Board Present: Board Chair Joe Bechtold. Supervisor Jerrome Salzer, Township Clerk Ann Reischl. St. Joseoh Townshio Plannina Commission; Matt Symalla, Ralph Eiynck, Jeff Jansen. Bechtold opened the meeting and stated the purpose of the meeting was to review the possible extension of the Orderly Annexation Agreement. City Planning Commission Chair Gary Utsch stated that the City Council and Planning Commission reviewed the service areas identified in the current Orderly Annexation Agreement and prepared a revised service area map for discussion purposes. The map was updated to reflect current City boundaries and to move to the current year any property where development is actively being discussed. In addition, the service area has been expanded to include all property abutting Interstate 94 north of County Road 2 and south of County Road 75. During discussion of the proposed amendment of the Orderly Annexation Agreement the following items were discussed: ~ Property included in the Orderly Annexation areas must be completely within the boundary as one parcel cannot be covered by two separate agreements. Before completion of the amendment, boundary lines will be verified. ~ Before the Orderly Annexation Agreement can be amended, a public hearing will be required. As in the past, St. Joseph Township will mail hearing notices. The hearing will be joint, with the City present. Each jurisdiction will take action at their next regularly scheduled meeting. ~ For simplicity purposes, all property contained in the Orderly Annexation Area will receive notice of the public hearing. City and Township Administration will find a suitable location for the hearing and establish a meeting date. ~ Concern was expressed regarding property west of Interstate 94 and if the City will be annexing that area in the near future. City Representatives responded that they have no immediate plans to develop property west of 1-94. In fact, the City Water Filtration Plant will be constructed in St. Joseph Township, as the City did not want to extend services under the Interstate. It was the consensus of those present to accept the proposed changes to the service area as presented. Those present also discussed the need to update the verbiage in the agreement regarding under what circumstances property could be annexed. The Township expressed frustration with a neighboring jurisdiction that is in the process of annexing property that is not contiguous to their boundary. Bechtold stated the purpose of the Orderly Annexation Agreement was to provide for continuous development upon the request of the property owners who desire municipal services. The Agreement should not allow for island annexation because a specific developer is willing to pay the cost to extend services beyond an area that does not need or desire services. January 25, 2005 Page 2 of 2 Those present agreed to amend section 7 the Orderly Annexation Agreement adding the following provisions as sub-section (C): Qualification for Annexation: The City and Township mutually agree that property will not be annexed unless all three of the criteria stated below are satisfied, unless both the Township and City mutually agree to consider a specific annexation request. 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 with approval from both the City and Township; and 2. The property requesting annexation is contiguous to the City Limits; and 3. The City can extend water and sewer services to the subject property. In the event that the City and Township mutually agree to consider an annexation request that does not meet the 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 the petition. The petition shall not be approved unless both the Town Board and City Council, voting as separate bodies, approve the petition seeking annexation. Weyrens and Reischl will forward this information to the Township Attorney for review and a final draft of the new language will be prepared. After both the City and Township have approved the draft, the joint hearing will be scheduled. Southwest Beltwav: City Engineer Joe Bettendorf presented those present with information regarding the proposed transportation route entitled the Southwest Beltway. The Southwest Beltway affects property in the City of Waite Park, St. Joseph and St. Joseph Township. The Southwest Beltway will connect from County Road 138 to County Road 75. The area where the road is proposed, is being sought by developers for development and the St. Cloud Area Planning Organization (APO) is requesting that a corridor study be completed. It is estimated that the corridor study will cost approximately $ 850,000. During discussions with the APO, the cost sharing is proposed with Stearns County contributing 50% of the total cost and the City and Township equally dividing the remaining 50%. Representatives from St. Joseph questioned if the Township would be willing to contribute towards the cost of the Study as the property is currently located in St. Joseph Township. Bechtold stated that it is his opinion that the road corridor needs to be preserved and the study should be completed before development artificially determines where the road will be placed. Township representatives requested additional information on the total cost and will consider the request at a future meeting. Adiourn: Carlbom made a motion to adjourn at 9:30 PM; seconded by Rieke and passed unanimously. Judy Weyrens Administrator