HomeMy WebLinkAbout2006 [05] May 23 {Book 37}
CITY Of ST. JOSEPH
www.cityofstjoseph.com
St. Joseph City Council
May 23, 2006
6:00 PM (City Hall)
Administfdtor
Judy Weyrens
1. Call to Order
Mayor
Richard Carlbom
2. Transportation Issues
3. Adjourn
Councilors
AI Rassier
Ross Rieke
Renee Symanietz
Dale Wick
St. Joseph City Council/St. Joseph Township
May 23, 2006
8:00 PM (Township Hall)
1. Annexation Issues
2.)" College Avenue North, PO Box 668 . Saint. Joseph, Minnesota )"6,74
Phone ,2.0.,6,.72.01 Fax ,2.0.,6,.0,42.
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L-CWljt-<Q 1erJ 9V~PC\ \ LI
Legal Description of the expanded OA Area
The Northeast Quarter of Section 4; the Northwest Quarter of Section 4; the Southwest
Quarter of Section 4; the Northwest Quarter of the Southeast Quarter of Section 4, lying
West of the centerline of Watab Creek; that part of Section 5, lying easterly and
northeasterly of the easterly and northeasterly right-of-way line of Interstate Highway
Number 94; that part of Section 8, lying easterly and northeasterly of the easterly and
northeasterly right-of-way line of Interstate Highway Number 94; the Northwest Quarter
of Section 9; and the North Half of the Southwest Quarter of Section 9; all in Township
124, Range 29, Stearns County, Minnesota.
Verbiage to be added to OA Agreement
Qualifications for Annexation: 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 wnless all three of the criteria stated below are satisfied.
1. Apetition 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 purpose of this requirement, "contiguous" shall mean:
a. That the property 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 a 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 the ability to extend water and sewer services to the subject
property and the property owner has 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 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.
(I {~y RpqtA.e~f-
. I ~
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 Steams
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 ofOrderlv 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. Minnesota Municipal Board Jurisdiction. Upon approval by the Town Board and the
City Council, this Joint Resolution shall confer jurisdiction upon the Minnesota
Municipal Board (hereinafter referred to as the "Municipal Board") 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 Municipal Board of the stated boundaries of the area designated for
orderly annexation is appropriate.
4. Review and Comment bv the Municipal Board. 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 Board
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
state that within thirty (30) days of the effective date of the Municipal Board's order
establishing the Orderly Annexation area, a board will be established to exercise
planning and land use control authority within the designated orderly annexation area
pursuant to Minnesota Statutes, Section 414.0325, Subdivision 5c, in the manner
prescribed by Minnesota Statutes 1976, Section 471.59, Subdivision 2 through 8,
inclusive. Prior to annexation, the ordinances of the Town will control the properties
in the area designated for orderly annexation; following annexation, the ordinances of
the City shall control.
All zoning and subdivision regulation within the orderly annexation area, prior to
annexation, shall be controlled by a three (3) member commission, with one member
appointed from each of the City Council, Town Board, and the Steams County Board
of Commissioners.
Such membership to this committee shall be appointed on an annual basis by both the
City Council and the Town Board. The County membership shall be held by the
Commissioner for the district containing both the City and Township.
This committee shall serve as the "governing body" and "board of appeals and
adjustments", for purposes of Sections Minnesota Statutes, Sections 462.357 and
462.358, within the orderly annexation area. The committee shall have all of the
powers contained in Minnesota Statutes, Sections 462.351 to 462.364, and shall have
the authority to adopt and enforce the Uniform Fire Code promulgated pursuant to
Section 299F.011. Following annexation, the annexed properties shall be subject to
the zoning and subdivision controls of the City, and the City Council shall serve as
the "governing body."
6. 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
fonowing 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.
7. Conditions for Orderly Annexation.
A. Timeliness of annexation. The City and Town desire to establish zones within
the area designated in Section 1 so as to provide a relative reference as to
when services might be reasonably provided.
The zones are designated as:
ZONE
Zone 1
Zone 2
Zone 3
PROJECTED LIFE
0-5 Year
6-1 0 Years
11-20 Years
LEGAL DESC.
Exhibit 1
Exhibit 2
Exhibit 3
MAP
Exhibit 4
Exhibit 4
Exhibit 4
The City will make reasonable effort to provide and plan for the possible
extension of services into each zone within the projected life of each zone.
/'
owners for annexation has been filed with the
the City agrees not to petition for annexation of any area
within Zone 2 for a period of ten (10) years, 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. At the end of ten
(10) years, the Town agrees not to object to any petition for annexation of
Zone' 2 by the City.
ro ert owners for annexation has been filed with the
the City agrees not to petition for annexation of any area
within Zone 3 for a period of twenty (20) years, 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. At the end of
twenty (20) years, the Town agrees not to object to any petition for annexation
of Zone 3 by the City.
B. Annexation Petition Requirements. In order to be considered for annexation,
the owners of at least sixty (60) percent of the parcels of property in the
affected area must petition.
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 the 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.
8. Joint Planning Committee. Any issues that would normally come before the Planning
Commissions of either the City or the Town that involves land within the boundaries
of the orderly annexation area described in Section One prior to annexation, will be
heard by a Joint Planning Commission.
Membership ofthis Joint Planning Commission shall be as follows:
A. Three (3) members from the City Planning Commission
B. Three (3) members from the Town Planning Commission
C. The City member of the Orderly Annexation District Planning and Zoning
Authority.
D. The Town member of the Orderly Annexation District Planning and Zoning
Authority.
The posting and publishing of meetings for the Joint Planning Commission, as well as
the taking of minutes for their meetings, shall be the responsibility of the Town Clerk.
Following annexation, the annexed parcel will fall under authority of the City of St.
Joseph.
9. 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 8 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.
10. Authorization. The appropriate officers of the City and Town are hereby authorized to
carry the terms ofthis Joint Resolution into effect.
11. Severability 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 Board, 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.
Jose h on A ri116, 1987 and a roved b the Town of St. Jose h on A ri127, 1987
evoked by the provisions of this Agreement.
12. Effective Date. This Joint Resolution shall be effective upon adoption by the
governing bodies of the City and Township and approved by the Municipal Board.
Approved the _ day of
St. Joseph.
, 2006, by the Town Board ofthe Town of
Chair
Chair
Approved the _ day of
81. Joseph.
, 2006, by the City Council of the City of
- Mayor
Clerk! Administrator
EXHIBIT" A"
Qualification for Annexation. 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 subj ect 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
I .
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.
0{[U41. sf.v1yJ R e1f'"t'St-
4/5/06 DRAFT
7. 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
Zone 1
Zone 2
Zone 3
PROJECTED LIFE
O-~+ Year~ (1997-2002)
6-10 Years (2003-2007)
11-20 Years (2008-2017)
LEGAL DESC.
Exhibit I
Exhibit 2
Exhibit 3
MAP
Exhibit 4
Exhibit 4
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, suchas 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, or the Petition, hearing and town approval Criteria for
Annexation set forth in paragraph 7C below, however. the Criteria set forth in paragraph 7.C.2.
and 7.C.3. below shall apply to any such annexation unless specifically waived by the Town by
resolution. The Township shall not object to any such Annexation Petition by the City except for
an Annexation Petition that does not meet the Criteria set forth in paragraph 7.C.2. and 7.C.3.
below.
Zone 1 has expired. 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 7Cbelow 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 have has been met.
Orderly Annexation Agreement - WDWZ #1405-058
Page 1 of2
Judy Weyrens
From: Kirby Dahl'[kadahl@willenbring.com]
Sent: Thursday, March 30,20068:33 AM
To: Judy Weyrens; Tom Jovanovich
Cc: abr1960@cs.com; Delores Stommes
Subject: RE: Orderly Annexation Agreement - WDWZ #1405-058
Is that your understanding or the understanding of the city council? The paper trail clearly supports my
understanding of what the agreed upon language is and where in the OA agreement it was to go.
v<'Q^"",.,Q,.",,,,,,,.,,.,_,,,,,,,,,,,,.,,.,~,.:,,,..,.,.,.,,-,,,.,,,,".~.""".".""_.,.,.,,,,,.-'<=.:w,,,,,,,,=_=,,,...-=,,,",,,,,,,,,,,,,,,<w.<<,=.,<.=~,==~~_",",,==="'_"''''''W''''=~_^''_'''_''''''.'''W'<<='~=''''=''''~''''''''''''''''''_'''''='''''<:'''''''''"'',"_.""....,.",..,-,,,...,..<.,"':..,,......Q....,..,~.Q....Q..Q..,.Q......Q......,..
From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com]
Sent: Wednesday, March 29, 2006 10:02 PM
To: Kirby Dahl; Tom Jovanovich
Cc: abr1960@cs.com
Subject: RE: Orderly Annexation Agreement - WDWZ #1405-058
Kirby -
This is the first opportunity I had to get backto you regarding OA Agreement. It was my understanding that when
w'e discussed the amendment it pertained to the current zone, not expired areas. The Council had no intention of
not being able to annex property in areas where the time zone had expired. The City is not interested in annexing
the property as soon as the time frame expires, and I think we have shown that, rather, as we extend utilities to
the outline areas we want to be able to provide services in a cost efficient. manner. A good example of this would
be the Cloverdale Area. That property was an island receiving City services (such as police) and being taxed as
Township. The City had an opportunity to extend the services and the annexation was done without the petition
of the neighbors. The Cloverdale Area was in an expired time zone and the City initiated the annexation.
Maybe I am misunderstanding your letter, but the amendment approved by the City was not intended to affect
expired areas. I will be out of the office on Thursday, but back in on Friday. I will contact you on Friday unless
you and Tom want to clarify this item. Just let me know.
Thanks
Judy
,~_~~=-___""____"=-,~="e==<==^",,,,,__-=""""'_"".,~_'
From: Delores Stommes [mailto:dstommes@willenbring.com]
Sent: Wednesday, March 29, 2006 10:22 AM
To: Judy Weyrens
Cc: tjovanovich@rajhan.com; abr1960@cs.com
Subject: Orderly Annexation Agreement - WDWZ #1405-058
<<E1405-058.doc>> <<1405-058Resolution.doc>>
Kirby Dahl
Willenbring, Dahl, Wocken & Zimmermann, PLLC
318 Main Street; P.O. Box 417
Cold Spring, MN 56320-0417
TEL: 320-685-3678
FAX: 320-685-4021
This message is sent by a law firm and may contain information that is privileg~d or confidential. If you received
5/1812006
J. J. Willenbring
(Retired 1988)
Jason Bartlett
Kirby Dahl
Mark McKeon
Nancy Melgaard
Paul Wocken
Daniel Zimmermann
318 Main Street; P.O. Box 417
Cold Spring, MN 56320-0417
Telephone: 320-685-3678
Fax No.: 320-685-4021
WILLENBRING~T
DAHL WOCKE.N &
ZIMMERMANN~ PLLC
ATTORNEYS
MS JUDY WEYRENS ADMINISTRATOR
CITY OF ST JOSEPH
PO BOX 668
ST JOSEPH MN 56374
March 29, 2006
RE: st. Joseph Township/Amendment to City of St. Joseph
Orderly Annexation Agreement
Our File No.: 1405-058
SENT VIA E-MAIL TO
Jweyrens~cltyofstJoseph.com
Dear Judy:
There is a misunderstanding that has crept into. this matter as a
result of the passage of time. The original agreement was that the
language would apply to all annexations and was to be included in the
Orderly Annexation Agreement as a new sub-paragraph C in paragraph 7.
That understanding has been well-documented in the correspondence
between Tom Jovanovich and me going back to November of last year.
That being the case, I have worked from your last draft to insert the
agreed upon language in sub-paragraph C of paragraph 7. The language
that you added in 7A would be deleted and I have "lined-through" that
language in the new draft. Addi tionally, .1 have added corrected
language in paragraph 12 to reflect the appropriate approving
authority.
Please review your notes, correspondence and file documents in order
to confirm that the attached draft reflects the original
understanding between the City of St. Joseph and the Town of St.
Joseph. If we have an agreement regarding that issue, the only thing
that remains to agree upon is where we plug the new property
description into the agreement and modify the map to reflect the
added property.
Ms. Judy Weyrens
March 29, 2006
Page 2
Once you have had an opportunity to consider the enclosed, please
give me a call so we can discuss this matter further.
Very truly yours,
WILLENBRING, DAHL,
WOCKEN & ZIMMERMANN, PLLC
Kirby Dahl
KD/ds
Enclosure
cc: Tom Jovanovich
Anna Reischl
(both via e-mail - w/enc.)