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HomeMy WebLinkAbout1993-07-15 Bayport & Baytown Joint Powers Agreement '`' a ' • • • JOINT POWERS AGREEMENT BETWEEN THE CITY OF BAYPORT AND THE TOWN OF BAYTOWN FOR PLANNING AND LAND USE CONTROL T IS JOINT POWERS AGREEMENT entered into this /5 ay of dik , 1993, by and between the CITY OF BAYPORT (h $= er referred to as "Bayport ") and the TOWN OF BAYTOWN (h- ei after referred to as "Baytown "). WITNESSETH: WHEREAS, the parties to this Agreement have common or similar powers to plan for and control land uses; and, WHEREAS, Bayport and Baytown have entered into a Joint Resolution designating the area described in Exhibit "A" attached hereto and made a part hereof as an area for orderly annexation; and, WHEREAS, Bayport and Baytown agree that it is in the best interest of both parties that joint cooperation and planning between the parties be conducted regarding the development of the area designated for orderly annexation; and, WHEREAS, guiding orderly development within the orderly annexation area involves interdependent interests of the citizens of Bayport and Baytown requiring joint planning and cooperation; and, WHEREAS, Minnesota Statutes §471.59 provides for the joint exercise of governmental authority irrespective of political boundaries by joint agreement; and, WHEREAS, Minnesota Statutes S414.0325, Subd. 5 provides that a municipality and a town may provide for the establishment of a board to exercise planning and land use control authority within an area designated for orderly annexation. NOW, THEREFORE, it is hereby agreed by and between the City of Bayport and the Town of Baytown as follows: 1. The purpose of this Joint Powers Agreement is to provide for the joint planning and land use control for the area described in Exhibit "A ". 2. That the parties hereto hereby establish a Joint Powers Planning Agency, which shall have all of the powers of a municipal planning agency as contained in Minnesota Statutes §462.351 through S462.364. That the parties hereby delegate to the Joint Powers Planning Agency the complete authority and jurisdiction of a planning agency for the planning and land use control in the area described on Exhibit "A ", said Planning Agency to consist of a six • • person board created by this Agreement. The provisions of the Bayport Zoning and Subdivision Ordinances shall govern any proposed development in the area described in Exhibit "A ". 3. The six person Joint Powers Planning Agency shall be composed of three members appointed by Bayport and two members appointed by Baytown. A sixth member shall be selected by the Washington County Board of Commissioners. The individual members shall serve at the pleasure of the governing body which they represent. 4. The Joint Powers Planning Agency shall also serve as the Board of Adjustment and Appeals, and shall have all the powers of a Board of Adjustment and Appeals pursuant to Minnesota Statutes S462.354, Subd. 2 and S462.357, Subd.2. The decision of the Board of Adjustment and Appeals shall be subject to appeal to the Bayport City Council except for the decision described in paragraph 5 of this agreement, and any person aggrieved by the final decision of the Bayport City Council shall have the right to appeal to District Court. 5. The Joint Powers Planning Agency shall have complete jurisdiction and authority over site plan review of any proposed development plan for the area. The Joint Powers Board shall apply the procedures and requirements of S507.09 of the Bayport Zoning Ordinances in conducting their review. Any person aggrieved by a final decision of the Joint Powers Planning Agency with regard to site plan review shall have the right to appeal to the District Court. 6. Any (required Environmental Worksheet or Environmental Impact Statement for the property described in Exhibit "A" shall be submitted to the Joint Powers Planning Agency for review and comment. 7. The members of the Joint Powers Planning Agency shall consult with their respective governing bodies on decisions, and the governing bodies retain the right to direct their Planning Agency representatives to vote for or against a particular proposal. 8. The City Administrator of the City of Bayport shall be responsible for administering and enforcing the Joint Powers Planning Agency's decisions, and except as modified in this agreement the property shall be part of the City of Bayport after it is annexed and Bayport shall be responsible for providing governmental services to the area including but not limited to police and fire protection. 9. When the expenditure of a "consultant fee" is anticipated with regard to the review of a proposed development the Joint Powers Agency shall require the developer to deposit with the Administrator, in advance, a sum equal to the estimated amount of consultant fees. Further the developer shall reimburse the agency, i for any consultant fees that exceed the deposit. Any expenditure made by the Joint Powers Planning Agency that is not reimbursed by a developer pursuant to this section shall be shared by Baytown and Bayport in equal shares. 10. This Agreement shall be in full force and effect for seven (7) years following its execution. CITY OF BAYPORT Pass d and adop e y the City Council of the City of Bayport this day of L' , 1993. By .% Its Ma ATTEST: Ci ' Administrator - . TOWN OF BAYTOWN Passecl and adop d by the Town Board of the Town of Baytown this '/ day of _, 1993. B Its Chairman ATTEST: \_10 1-A-4e,e-dt-) 61,6&te_./ Town Board Cler .•. EXHIBIT "A" All that part of Section 10, Township 29N, Range 20W, lying easterly of County Road 21, not presently within the city boundaries of the City of Bayport and, that Range 20W, that the Minnesota Department of Natural Resources plans to sell to the Andersen Corporation of Bayport, Minnesota. • • EXHIBIT A • All that part of the following described tract of land which lies westerly of: (1) the west line of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section 10, (2) the west line of the East Half of the Southeast Quarter (E 1/2 SE 1/4) of Section 10 and (3) the west line of the East 210 feet of the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4) of Section 15; all in Township 29 North, Range 20 West, Washington County, Minnesota: All that part of Sections Ten(10) and Fifteen(15), in Township Twenty- nine(29) North, Range Twenty( 20) \Vest, described as follows: Commencing at the southeast corner of said Section 10; thence West along the south line of said Section 10 a distance of 270 feet to the point of beginning; thence North parallel with and 270 feet westerly from the east Iine of said Section 10 a distance of 1296 feet; thence West a distance of 360 feet; thence North parallel with the east line of said Section • 10 a distance of 740 feet; thence West 160 feet; thence North parallel with the east line of said Section 10 a distance of 530 feet; thence West 140 feet; thence North along the west line and the same extended southerly of Block number 80, in South Stillwater(Bayport), Washington County, 360 feet to the northwest corner of said Block 80; thence West on a continuation of the north line of said Block 80 a distance of 185 feet; thence South and parallel with the west line of Block 81 of said South StiIlwater(Bayport) 100 feet; thence West and parallel with the north line of said Block 81 to the west line of said Block 81 a distance of 175 feet; thence North along the west line of said Block 81 to the northwest corner of said Block 81 a distance of 100 feet; thence West on a continuation of the north line of said Block 81 a distance of 30 feet to the west line of the Southeast Quarter of the Northeast Quarter(SEI /4 NE1 /4) of said Section 10; thence North along said west line of the SE1 /4NE1/4 to the south line of the North 900 feet of the Southwest Quarter of the Northeast Quarter(SW1 /4 NE1 /4) of said Section I0; thence West along the south Iine of the North 900 feet of the Southwest Quarter of the Northeast Quarter(SW1 /4 NE1 /4) of said Section 10 to the west line of the Southwest Quarter of the Northeast Quarter(SW1 /4• NE1 /4) of said Section 10; thence North along said west line to the north line of the South 30 acres of the Southeast Quarter of the Northwest Quarter(SEI /4 NWI /4) of said Section 10; thence West along the north line of the South 30 acres of the Southeast Quarter of the • Northwest Quarter(SE1 /4 NW1 /4) of said Section 10 to the northwest corner of the South 30 acres of the Southeast Quarter of the Northwest Quarter(SEI /4 NW1 /4) of said Section • 10; thence South along the west line of the Southeast Quarter of the Northwest • Quarter(SE1 /4 NW1 /4) of said Section 10 to the centerline of the Stillwater and Point Douglas Road (aka CS.A.H. 21); thence southeasterly along said center line of said Stillwater and Point Douglas Road (aka C.SAH. 21) to a point on a line drawn parallel and 11 chains and 92 links southerly from the north line of said Section 15; thence East parallel with the north Iine of the Northwest Quarter(NW1 /4) of said Section 15 to the west line of the Northwest Quarter of the Northeast Quarter(NW1 /4 NE1 /4) of said Section 15; thence East parallel with the north line of the Northwest Quarter of the Northeast Quarter(NW1 /4 NE1 /4) of said Section 15 a distance of 202.76 feet; thence North parallel with the west line of said Northwest Quarter of the Northeast Quarter(NW1 /4 NE1 /4) to the south line of said Section 10; thence East along said south line to the point of beginning; EXCEPTING from the land within the above described boundaries, the right -of -way of the Chicago and Northwestern Railway across said parts of Sections 10 and 15. And also all that part of the Southwest Quarter of the Northwest Quarter(SW1 /4 NWI /4) of Section Ten(10), Township Twenty- nine(29) North, Range Twency(20) West, Iying east of Stillwater and Point Douglas Road (aka CS.A.H. 21) excepting that part thereof heretofore deeded by Frank L Barrett and wife to John Zabel, by deed dated 9th day of December, 1893, and recorded 16th of December, 1893, in the Office of the County Recorder for said Washington County, in Book 40 of Deeds, Page 133. ; 411 410 JOINT RESOLUTION OF THE CITY OF BAYPORT AND THE TOWN OF BAYTOWN RELATING TO ORDERLY ANNEXATION WHEREAS, certain lands located in the Town of Baytown (hereinafter "Baytown "), described in Exhibit "A" attached hereto and made a part hereof, are urban or suburban in character, or are about to become so; and, WHEREAS, the establishment of a process of orderly annexation of said lands will be of benefit to the owners of said land and will permit the City of Bayport (hereinafter "Bayport ") to extend necessary municipal services in a planned and efficient manner; and, WHEREAS, Minnesota Statutes S414.0325 permits a township and a municipality by joint resolution to designate an unincorporated area as in need of orderly annexation; and, WHEREAS, Bayport and Baytown desire to designate the area described in Exhibit "A" as an orderly annexation area and desire to confer jurisdiction on the Minnesota Municipal Board over the annexation of said area; and, WHEREAS, Bayport and Baytown have determined that no alteration of the stated boundaries of the area identified in Exhibit "A" is appropriate, and that no consideration by the Minnesota Municipal Board is necessary prior to any annexation under the procedures established by this Joint Resolution; and, WHEREAS, Bayport and Baytown agree that it is in the best interest of both parties that joint cooperation and planning between the parties be conducted. NOW, THEREFORE, BE IT RESOLVED JOINTLY by the Bayport City Council and the Town of Baytown Board of Supervisors as follows: 1. Designated Area. That the area described on Exhibit "A" located in the Town of Baytown is subject to orderly annexation pursuant to Minnesota Statutes S414.0325, and the parties hereto hereby designate area for orderly annexation, said are consisting of approximately 191 acres. That the property described on Exhibit "A" abuts the City of Bayport and is presently urban or suburban in character or is about to become so. That the City of Bayport is now or within a reasonable time will be capable of providing sanitary sewer and other public utilities and municipal services to service said area. 2. Jurisdiction. That the Bayport and Baytown do, upon their adoption of this Resolution, and upon acceptance by the Minnesota Municipal Board, confer jurisdiction upon the Minnesota Municipal . • Board over the property described in Exhibit "A" so as to accomplish said orderly annexation in accordance with the terms of this Resolution. No consideration by the Minnesota Municipal Board is necessary and the Board may review and comment, but shall, within thirty (30) days, order the annexation of said area in accordance with the terms of this Joint Resolution. 3. Annexation. It is the intent of the parties hereto that the land described in Exhibit "A" shall be annexed to Bayport as soon as possible. Therefore, the Minnesota Municipal Board may immediately order said annexation following the receipt and review of this Joint Resolution. The annexation shall be accomplished by Bayport by means of the adoption of an Ordinance. That at the time the Ordinance is adopted by Bayport, the City shall also adopt a Resolution providing for the extension of water and sanitary sewer service to serve the annexed area, to be installed not later than two (2) years after the annexation unless unforeseen circumstances make it impossible to provide said services within said time. It is the intent of the parties to this Resolution that, prior to the adoption of such and Ordinance, no review or recommendation of the annexation will be necessary by the Bayport or Baytown Planning and Zoning Commissions. The Ordinance shall be filed with the Minnesota Municipal Board, Baytown, the Washington County Auditor, and the Minnesota Secretary of State, and is effective when approved by the Minnesota Municipal Board. No hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes S414.0325, Subd. 2 shall be required in order for the Municipal Board to approve the Ordinance. 4. Rezoning. It is understood and agreed by and between Bayport and Baytown that upon approval of the Minnesota Municipal Board of the Ordinance annexing the property described in Exhibit "A ", that it is the intent of Bayport to rezone the property to an industrial zoning classification so as to allow for the construction and development of an Andersen Corporation industrial facility, subject to the review and approval of the Development plans of the Andersen Corporation. 5. Joint Powers Planning Agreement. Bayport and Baytown hereby agree to enter into a Joint Powers Agreement for planning and land use control within the orderly annexation area in a form and content attached to this Resolution as Exhibit "B ", and the Mayor and Administrator on behalf of the City, and the Chairman of the Town Board of Supervisors and the Town Clerk on behalf of the Town, and hereby authorized to execute the Joint Powers Agreement on behalf of their respective governing bodies. The Joint Powers Agreement shall provide that a Joint Powers Planning Agency shall be established consisting of three representatives appointed by Bayport, two representatives appointed by Baytown, and one representative appointed by the Washington County Board of Commissioners. The Joint Powers Planning Agency shall serve as the "Planning Agency" and the "Board of Adjustment and Appeals" for the purposes of Minnesota Statutes S462.351 through §462.364 for the area described in Exhibit "A ". , Ilk •(- 6. Environmental Quality. Bayport and Baytown hereby agree to jointly petition the Environmental Quality Board of the State of Minnesota for Bayport to be appointed as the Regulatory Governmental Unit for the purposes of environmental review of the Andersen Corporation project. Bayport agrees not to grant final approval of the project until an Environmental Worksheet or Environmental Impact Statement for the project, if required, has been determined adequate. 7. Effective Date. This agreement shall be in full force and effect from the after its passage and adoption by Bayport and Baytown, and shall remain in effect for seven (7) years following its enactment. CITY OF BAYPORT Passed and adop d y the City Council of the City of Bayport this ... day of , 1993. By Ae-ere- /V Its yor ATTEST: / f C' y Administrator 4/ TOWN OF BAYTOWN Passe nd adopted by he Town Board of the Town of Baytown this day of , 1993. By � (A 6 ! - - s Chairman ATTEST: A5e21-44._/:/ - )&,41, - 4ei Town Board Clerk • • EXHIBIT A • All that part of the following described tract of land which lies westerly of: (1) the west line of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section 10, (2) the west line of the East Half of the Southeast Quarter (E 1/2 SE 1/4) of Section 10 and (3) the west line of the East 210 feet of the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4) of Section 15; all in Township 29 North, Range 20 West, Washington County, Minnesota: • All that part of Sections Ten(10) and Fifteen(15), in Township Twenty- nine(29) North, Range Twenty( 20) West, described as follows: Commencing at the southeast corner of said Section 10; thence West along the south line of said Section 10 a distance of 270 feet to the point of beginning; thence North parallel with and 270 feet westerly from the cast line of said Section 10 a distance of 1296 feet; thence West a distance of 360 feet; thence North parallel with the east tine of said Section 10 a distance of 740 feet; thence West 160 feet; thence North parallel with the east line of said Section 10 a distance of 530 feet; thence West 140 feet; thence North along the west line and the same extended southerly of Block number 80, in South Stillwater(Bayport), Washington County, 360 feet to the northwest corner of said Block 80; thence West on a continuation of the north line of said Block 80 a distance of 185 feet; thence South and parallel with the west line of Block 81 of said South Stillwater(Bayport) 100 feet; thence West and parallel with the north line of said Block 81 to the west line of said Block 81 a distance of 175 feet; thence North along the west line of said Block 81 to the northwest corner of said Block 81 a distance of 100 feet; thence West on a continuation of the north line of said Block 81 a distance of 30 feet to the west line of the Southeast Quarter of the Northeast Quarter(SE1 /4 NE1 /4) of said Section 10; thence North along said west line of the SEI /4NE1/4 to the south line of the North 900 feet of the Southwest Quarter of the Northeast Quarter(SW1 /4 NEI /4) of said Section 10; thence West along the south Iine of the North 900 feet of the Southwest Quarter of the Northeast Quarter(SW1 /4 NE1 /4) of said Section 10 to the west line of the Southwest Quarter of the Northeast Quarter(SW1/4• NE1 /4) of said Section 10; thence North along said west line to the north Iine of the South 30 acres of the Southeast Quarter of the Northwest Quarter(SEI /4 NW1 /4) of said Section 10; thence West along the north line of the South 30 acres of the Southeast Quarter of the • Northwest Quarter(SE1 /4 NWI /4) of said Section 10 to the northwest corner of the South 30 acres of the Southeast Quarter of the Northwest Quarter(SE1 /4 NW1 /4) of said Section • 10; thence South along the west line of the Southeast Quarter of the Northwest Quarter(SE1 /4 NW1/4) of said Section 10 to the centerline of the Stillwater and Point Douglas Road (aka C.S.A.H. 21); thence southeasterly along said center line of said Stillwater and Point Douglas Road (aka C.S.A.H. 21) to a point on a line drawn parallel and • 11 chains and 92 links southerly from the north line of said Section 15; thence East parallel with the north line of the Northwest Quarter(NWI/4) of said Section 15 to the west line of the Northwest Quarter of the Northeast Quarter(NW1/4 NE1 /4) of said Section 15; thence East parallel with the north line of the Northwest Quarter of the Northeast Quarter(NW1/4 NE1 /4) of said Section 15 a distance of 202.76 feet; thence North parallel with the west line of said Northwest Quarter of the Northeast Quarter(NW1 /4 NE1 /4) to the south line of { said Section 10; thence East along said south line to the point of beginning; EXCEPTING from the land within the above described boundaries, the right -of -way of the Chicago and Northwestern Railway across said parts of Sections 10 and 15. And also all that part of the Southwest Quarter of the Northwest Quarter(SWI /4 NW1/4) of Section Ten(10), Township Twenty- nine(29) North, Range Twenty(20) West, lying east of Stillwater and Point Douglas Road (aka C.S.A.H. 21) excepting that part thereof heretofore deeded by Frank L Barrett and wife to John Zabel, by deed dated 9th day of December, 1893, and recorded 16th of December, 1893, in the Office of the County Recorder for said Washington County, in Book 40 of Deeds, Page 133.