HomeMy WebLinkAboutOriginal OA Agreement 1997
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TfWN OF ST. JOSEPH RESOLUTION NO.
CIITY OF ST. JOSEPH RESOLUTION NO,
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JOINTi RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE
TOWN OF ST. JOSEPH AND THE CITY OF ST. JOSEPH, MINNESOTA
WHEREAS, the Town bfSt. Joseph (hereinafter referred to as the "Town") and the City of St. Joseph
(here. inaft. er referred to}s t. he "C.. ity"),bo. . th located entirely within Steams C. ounty, in the State of
Minnesota, haveagree't thatthere is a clear need for a cooperative future planning effort for the land
governed by the two j1sdictions; and,
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WHEREAS, to this end,. have met extensively in discussion and study of future planning issues as the
Greater S1. Joseph Are~ Committee; and,
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WHEREAS, the Town Board and City Council have expressed their desire to encourage future
development of land ne!rthe City so as to avail such development of municipal services as much as is
practical, while encouniging the retention of land in agricultural use;
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NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and conditions that follow,
that the City and Town ¢nter into this Joint Resolution for Orderly Annexation.
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I I. Designation of OrdJrly 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 I, 2 and 3) as subject to
orderly annexation ~nder and pursuant to Minnesota Statutes Section 414.0325,
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Minnesota Municip# BoardJurisdiction, Upon approval by the Town Board and the City Council,
this Joint Resolutio~ shall confer jurisdiction upon the Minnesota Mnnicipal Board (hereinafter
referred to as the "Municipal Board") so as to accomplish said orderly annexations in accordance with
the terms of this JOÌ1~t Resolution.
No Alterations ofBJundaries. 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,
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Review and Commertt by the Municipal Board. The Town and City mutually agree and state that this
Joint Resolution and ¡Agreement sets forth aU the conditions for annexation of the areas designated,
and that no consideration by the Municipal Boardis necessary. The Board may review and comment,
but shall, within thirty (30)days, order the annexation in accordance with the terms ofthis Joint
Resolution.
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Planning and Land Use Control Authorit):, The Town and City mutually agree and state that within
thirty (30) days ofthe effective date of the Munícipal Board's order establishing the Orderly
Annexation area, a ¡,bard will be established to exercise planning and land use control authority within
the designated orderlþ annexation area pursuant to Minnesota Statutes, Section 414.0325, Subdivision
5c, in the ma~er pr~cribedby 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 sub4i~sion·regulation within the orderlyannexatiön area, prior to annexation, shallbe
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.
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Such membershìpr to this conunittee shall be appointed on an annual basis by both the City COImcil
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and the Town Boård. The County membership shall be held by the Conuuissioner for the district
containing both tIle City and Townshìp.
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Thìs conunittee Sæan serve as the "governing body" and "board of appeals and adjustments" , for
purpo.. .se. s of.sec. tio . ..Minnes.o. ta. . S. ta.. tu.. tes, Sect. ion.s 462.,.3.57 an. d4. 62..3.58., withìn .t.. h.e ord..erlY a. nnexation
area. The commiee shall have all of the powers contained in Minnesota Statutes, Sections 462.3S1 to
462.364, and shall, have the authority to adopt ande11force the Uniform Fire Code promulgated
pursuant to Sectio* 299F. 011. Following annexation, the annexed properties shall be subject to the
zoning and sUbdi1sion controls of the City, and the City Council shall serve as the "governing body."
6. Municipal Reimblemeitt. The City and Town mutually agree and state th:ít, pursuant to Minnesota
Statutes 414.036, ai reimbursement from the City to the Town shall occur for the taxes collected on
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land annexed into re City, according to the following conditions:
A. All reimburse~ent 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 reimbursetnent on . said land . shall be based on a five (5) yeár schedule with the percentage of
base taxes rei~bursed to the Town as follows:
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1rear I 60~
1rear 2 50~
1r ear 3 40~
1rear4 30~
1r ear 5 20~
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C. At the sixth year, and every year thereafter, . all pertinent tax revenues will be the
property oftheÇity.
D, Any circU1llstaß(~es of extreme undue hardship may be cause for re-negotiation of this section on a·
case-by-case basis.
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Conditions for Orderly Annexation.
A. Timeliness ofarlnexation. The City and Town desire to estabtish zones within the area designated
in Section 1·· so ~s to provide a relative reference as to when services might be reasonably provided.
The zones are <Jesignated as:
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ZONE I PROJECTED LIFE LEGAL DESC. MAP
Zone 1 ! 0-5 Year Exhìbit 1 Exhibit 4
Zone 2\ 6-101rears Exhibit 2 Exhibit 4
Zone 3J 11-20 1r ears Exhibit 3 Exhibit 4
The City will m*ereasonable effort to provide and plan for the possible extension of services into
each zone within: the projt:Cted life of each zone.
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Unless a petition :of property owners for annexation has been filed with the City, the City agrees
not to petition fo~annexation of any area within Zone I fora period of five (5) years, unless it is
ordered to provid~ sanitary sewer andlor municipal water services to any areas in said zone by the .
MPCA or any otlier State or Federal reg1Ùatory agency. At the end of five (5) years, the Town
agrees not to Objeft to any petition for annexation of Zone 1 by the City.
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Unless a petition of property owners for annexation has been filed with the City, the City agrees
not to petition forlannexation of any area within Zone 2 for a period often (10) years, unless it is
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ordered to provid~ sanitary sewer and/or municipal water services to any areas in said zone by the
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MPCA or any other State or Federalregulatory agency. At the end often (10) years, the Town
agrees notto tbjectto any petition for annexation of Zone 2 by the City.
Unless a petit~on of property owners for annexation has been flIed with the City, . the City agrees
not to petitio1tfor annexation of any area within Zone 3 for a period of twenty (20) years, unless it
is ordered to provide sanitary sewerandlor 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 . hot to object to any petition for annexation of Zone 3 by the City.
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B, An exationJutionlt . trire.....s,1n order'" b<:Coøsidere<lfor ~t>II, the owners of at
least sixty (60 percent of the parcels of property in the affected area must petition.
If the ownersøf sixty(60) percent or more, but less than one hundred (100) percent ofthe parcels
of property in tile affected area petition for annexatiol1' 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 th¢ Town Board and the City Council, voting as separate bodies, approve the petition
seekingannex~tion.
If the owners Jf 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,
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8. Joint Planning Committee, . Any issues that wouldnonnally come before the Planning Commissions of
either the City or the Town that involves land within the boun~ries of the orderly annexation area
described in Sectio~ One prior to annexation, will be heard bya Join~ Planning Commission.
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Membership of this \JOint Planning Commission shall be as follows:
A. Three (3) t\tembers from the City Planning Commission,
B. Three (3) rtIembers from the Town Planning Commission.
C. The City member of the Orderly Annexation District Planning and Zoning Authority.
D, The Town inember of the Orderly AnnexationDistrict Planning and Zoning Authority.
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The posting and puljlishingof meetings for the Joint Planning Commission, as well as the taking of
minutes for their mttings, shall be the responsibility of the Town Clerk.
Following anne~ti0l1,the annexed parcel will fall under authority ofthe City of Sf. Joseph Planning
Commission. 1
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4). Periodiç Review. .. T4e City and Town mutually agree and state that a periodic review of this agreement
is to be conducted begïnning three (3) years after the effective date of this agreement and every three
(3) years thereafter. ifhe 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 TOrmp Board for their consideration of anyreconuuendations.
O. Authorization, The appropriateofficersoíthe City and Town are hereby authorized to carry the tenus
of this Joint :Resoluti6n into effect.
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11. Severability and Re~aler. Adetermination 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 re~olution existing between the parties and effecting the property described in the
attached Exhibits, s~n be considered repealed upon the effective date ofthis Joint Resolution,
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Upon adoption of this Orderly Annexation Agreement by the City of 51. Joseph and Towtlship of St.
Joseph, and appro~al by the Municipal Board, theJòint Resolution as to Orderly Annexation, City of
St. Joseph and ToWnship of St. Joseph, dated October 2, 1975, and subsequently amended by joint
resolution approvJ,d by the City ofBt, Joseph on April 16, 1987, and approved by the Town of 51.
Joseph on April 27, 1987, shall hereby be considered rescinded and superseded by the provisions of
this Agr~ment.l
12. Effective Date. Tlfs Joint Resolution shall be effective upon adoption by the govemingbodies of the
City and Township and approved by the Municipal Board.
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Pee e~b~/'
, 1997, by the Towtl Board of the Town of St. Joseph,
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Approved the ':2 ? day ~f
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Approved the \~ day ~fS> &..~ "'" ~
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, 1997, by the City Council of the City of St. Joseph.
Q.d~ø¡d~
ClerklAchninistrator .
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LEGAL DElRIPTIONS FOR URBAN SERVICE AREAS
CITY OF ST. JOSEPH AND ST. JOSEPH TOWNSHIP
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A-STJOE 9706.00
July 29, 1997
J:ISTIOEI970 ICORRVL-29B.97
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July 29, 1997
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0\-5 YEAR URBAN SERVICE..AREA
Section b2~124-29
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S1I2 -SWIl4 West ofCR 133
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Section 03-124,.29
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So. 10 A!.ofNE1I4 -SE1I4
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SE1/4 ~ SE1I4
So.30AI\.OfSW1I4- SE1/4
So, 30A ofSE1I4 - SWI/4
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SW1I4 -ISW1I4
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Section Q4-124-29
SE1I4~SE1I4No. of Sly RiW of Railroad
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SectIOn 09-124-29
NE1/4 - *£1/4 No. of Sly RiW of Railroad
E1/2 So.bfCSAH 75 Sly RlWLess City
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S1I2 -SWl/4 E. ofI-94 Ely RiW
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Section lq-124-29
E1/2 -N~1I4 No. ofNly RiWofRailroad LessCity
NEII4-1iWII4 LessCity
WII2." NW1I4 Less City
SEII4- SW1I4Less City
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S1/2 - SE1/4Less City
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Section It-124-29
W1I2 - No/ll4 Less City
E1I2 - SWi1l4Less City
EXHIBIT 1
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Section 14r124-29
N1/2 -NWl/4 Less City
Section·15~124-29
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NII2.- NE1I4 Less City
NW1I4 - ~W1I4 Less City
NEl/4 -l'T1/4 Less City
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l:ISTIOEI9 06\CORRI.IL-29B.97
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July 29, 1997
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EXHIBIT 2>
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6- 10 ¡YEAR URBAN SERVICE AREA
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Sectiod 02-124-29
W1I2 - \SE1I4
NE1I4j SWII4
E 1/2 " :tjIWI/4 - SWII4
Section¡Û3-124-29
WII2 - NE1I4
NWl/4 \
NWlI4 t SWII4
NE1I4 -\SWII4
NWlI4 ~ SElI4
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No. 10 A. ofSE1I4 - SWl/4
No. 10 A. ofSWlI4 - SElI4
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Se¢tion 04-124-29
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NEII4 - ~EII4
NWl/4 -¡SEII4 E. of So. Fork Watab River
SWlI4 - SEII4
SEl/4 - ~Ell4 So. of Sly R/W of Railroad
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Section 09-124-29
El/2 - NE1I4 SO. of Sly R/W of Railroad and No. ofNly
R/W ~f CSAH 75 Less City
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Section 11-124-29
WII2 - El/2
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SectIon 1j-124-29
NWlI4 -1jŒII4
W 792 Ft ~WII4 - NEII4 Less Triangle, Containing 20 A.
S 112 - NWII4
NII2- NWl/4 - SWl/4
N1I2 - NE~/4 - SWl/4
J:\STJOE\91Q ICORRISL-29B.91
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July 29, 1997
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6 -lolvEAR URBAN SERVICE AREA (Cont.)
sectiJ 15-124-29
NW1/41- NWl/4 Less City
S1I2 - t¡JW1I4
N1/2 - SWI/4
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SWI/4 t SWI/4
Section \ 16-124-29
NI/2 - :ttffi1l4 Less City
S1/2 - NE1l4 E ofEly R/W 1-94
NWl/4 ß. ofEly R/W I-94
SE1/4 Ei. ofEly R/W I-94
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J:\STJOE\97·6\CORR\JL-29B.97
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July29, 1997
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~ I EXHIBIT 3
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1 - 20 YEAR U~AN SERVICE AREA
Se tion 01-124-29
Enl ire Section
~e I tion 02-124-29
1/4
Nl/4
W~/2 - NWII4 - SWl/4
EH2 - SE1I4
seJtion 03-1:24-29 i
EVI2 - NE1/4 :
NEl/4 - SEl/4 Less Sly 10 A.
Se~on 11-124-29
El/\~, - El/2
Section 12-124-29 I
Ent,re Section !
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Sec ion 13-124-29 :
Tha part ofSectÌon li3North of the Sauk River
Sec ion 14-124-29 II
Tha part of Section 1~ North of the Sauk River described as follows:
1/2 - NE1/4 :
11.792 Ft SWl/4 - NEl/4 Less Triangle, Containing 20 A.
SE 1 14 !
SI1/2 - SWl/4 I
S 1/2 - NWl/4 - SWl/4
SII2 - NEII4 - SW1I14
Sect on 15-124-29 \
SII2 - NEII4 I
SEl .~
SElL - SW1I4
Section 21-124-29 1\
That'rart of Section 211. Northeast oflnterstate Highway 1-94
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Sectl n 22-124-29 \
I~~~.~~fSection 22\. Northeast oflnterstate Highway 1.-94 and North of the
Secti+n 23-124-29 ¡
That 1art of Section 23 North of the Sank River
1:\STJOE\9706\CORRIJL-29B.97 5 July 29, 1997