City Council Minutes 03-17-1987
MI UTES
SPECIAL MEETING - M NTICELLO CITY COUNCIL
Tuesday, March 1 , 1987 - 9:00 p.m.
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A special meeting of the Monticell
and notice by the Mayor of the cit
Tuesday, March 17, 1987, in the Mo
were: Fran Fair, Bill Fair, Warre
Members absent: None. Also Prese
Assistant Administrator Wolfstelle
City Council, upon proper call
, was duly held at 9:00 p.m.,
ticello City Hall. Members present
Smith, Arve Grimsmo, Dan Blonigen.
t were: Administrator Eidem,
, and City Attorney Gary Pringle.
The Mayor convened the meeting and stated that the sole reason for
the special meeting was to cons ide a proposal to enter a joint agreement
with Monticello Township to resolv the matters on annexation currently
pending before the Minnesota Munic'pal Board. The Mayor explained
that he had had several meetings w'th the Chair of the Town Board,
Franklin Denn, and that City Attor ey Pringle had met with the Township
attorney, William Radzwill, on sev ral occasions to work out a proposed
settlement prior to the commenceme t of the hearings Wednesday morning,
March 18. Copies of the proposed 'oint agreement were given to all
members, and the Mayor asked City ttorney Pringle to review the
provisions of the document with th Council. Pringle explained that
the primary substance of the docum nt generated an inner ring to
the OAA, abutting directly on the ity's borders, which would be
known hereafter as a development a ea. Pringle noted that within
that development area, a property owner need only to petition, and
the land would be annexed without contest from the Town Board. He
noted that, however, in order to etition successfully, the proposer
must have a development plan, and further, another provision called
for the construction of public se vices to the area within a two
year period. Pringle noted that ith the exception of a strip of
the interstate highway and the 80 acres recently acquired by the
School District, no other lands w uld be annexed at this time. Pringle
noted that he did request immedia e annexation of the proposed water
reservoir site and a corridor alo g County Road 118 to facilitate
construction of the water system, but there had been no agreement
by the Town Board on those lands. With respect to the balance of
the original Orderly Annexation A ea that was not now deemed part
of the development area, developm nt could continue to occur; however,
any development would have to be n conformance with City development
standards and regulations.
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The Mayor noted that the Town Boa
at the Town Hall to discuss the v
The Mayor and the City Attorney f
improvement over current conditio
to the City Council. ~iscussion
Council. Councilmember Bill Fair
creating simply another arbitrary
set of arbitrary lines. He state
d was meeting at the same hour
ry same document with their attorney.
It that the document was a substantial
s and recommended its adoption
as then opened to members of the
felt that the document was nonsubstantive,
set of lines within a previous
that he felt the petitioning process
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Special Council Minutes - 3/17/87
still left the City in a reactive nstead of proactive posture.
Councilmember Bill Fair stated he elt it was an empty document that
gave the City no benefit. Attorne Pringle countered by saying that
the benefit to the City was that t e Township was agreeing not to
protest petitions for annexation i the future. Councilmember Fran
Fair inquired as to the possibilit of the water improvement that
has been planned by the City. Eid m noted that in the absence of
a petition to annex by the abuttin property owners and without agreement
for immediate annexation of the wa er line corridor, the project
would be forced to go to referend for funding. Eidem noted that
he was fairly comfortable assuming that the property owners in the
water reservoir corridor would not petition to enter the City and
consequently would be an obstacle 0 the development project. The
Mayor indicated that he saw no rea on why the City couldn't simply
move the water tower if the proper y owners presented an obstacle.
It was stated that to relocate the water reservoir would cost the
taxpayers of the City approximatel a quarter of a million dollars
more than the proposed siting. Th Mayor indicated he didn't think
that the cost of the water system should interfere with the final
negotiation for this agreement.
Councilmember Blonigen indicated that, upon first reading, the document
seemed reasonably acceptable; but he understood that the area to
be known as the development area wo ld be immediately annexed. Having
it now clarified that the developme t area would not be annexed,
but rather would enter by uncontested petition, he was now opposed
to the agreement. It was his opini n that the development of this
area was being controlled by people outside of the City rather than
by the planning divisions within th City.
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Council discussion then centered on what might be a reasonable alternative
acceptable to the City which could e presented as a counter offer.
Councilmember Bill Fair still felt hat a counter offer might be
inappropriate since earlier action y the Council, namely, the petition
to the Municipal Board for the enti e OAA, should be the course the
City pursues. It was his opinion t at the Council had committed
to an action and a willingness to l.ve by the final decision of the
Municipal Board. He stated that ev ryone knew there was a certain
risk at the time and that the origi al motion called for a specific
course of action. Other Council me bers felt that it was still reasonable
to pursue and develop a negotiable ounter offer. At the conclusion
of discussion of a proposed counter offer, the Council elected not
to act on the proposed joint agreem nt that had been submitted by the
Mayor and City Attorney. (NOTE: A photocopy of the agreement as
submitted and the attached map are ttached hereto and made a part
of these minutes.)
Motion by Fran Fair, duly seconded y William Fair, to offer to Monticello
Township an agreement to be adopted jointly which would allow for
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the immediate annexation of the are
dissolve the balance of the Orderly
in its place an urban fringe planni
by a Joint Planning Board comprised
and the City; to make payment under
the City and Town of the full $27,5
said agreement; and lastly, the cit
other petition currently pending be
Voting in favor of the motion: Bil
Warren Smith, Arve Grimsmo. voting
Special Council Minutes - 3/17/87
shown on the attached map, would
Annexation, but would create
g area to be regulated and administered
of members from the Township
a separate agreement between
o due in 1987 and then dissolve
Council will withdraw their
ore the Minnesota Municipal Board.
Fair, Fran Fair, Dan Blonigen,
in opposition: None.
There being no further business, th meeting was adjourned.
NOTE: The map reflecting the motio by Fran Fair is attached hereto
. j)~reot.
~~J~
City Administrator
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8. IMMEDIATE ANNEXATION
. ... .I' _'
The following described property within the Orderly
Annexation Area will be annexed to the City of Monticello on or
before May 1, 1987.
A. 1-94 Corridor
B. School Property
C. City Water Tower and C rridor
9. ISOLATED TOWNSHIP PROPERTY
Any property \vithin "devel pment area" that becomes or
is about to become separated from t.le rest of the Orderly
Annexation Area or the TOrin Hill be annexed to the City
Monticello by joint resolution betw en the City of ~c~ti~ello and
the Town of Monticello, if the city of Monticello so requests.
10. DEVELOPMENT WITHIN THE ORD RLY ANNEXATION AREA OUTSIDE
THE "DEVELOPMENT AREA"
No development shall occur within the Orderly Annexation
Area which is.outside the "developm nt area" as above described,
unless said development meets both he standards of the zoning
and subdivision requirements of the Monticello Orderly Annexation
Board and the City of Monticello. aid development can only
occur if both standards are co~plie with or are capable of being
complied with in the future. The intent uf this paragraph is to
discourage development outside the "development area" which is in
the Orderly Annexation Area.
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CITY OF MONTICELLO
Passed and adopted by tile City
Counc il of the City of
Monticello this day of
, 1987.
By
Its i'layo r
ATTI:::ST:
Clty Admlnlstratol'
TOWN OF MONTICELLO
Passed and adopted by the Town
Board of the Town of
Monticello this day of
, 1987.
B
I s Chalrman
A TEST:
Town Board Clerk
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Immediate Annexation
- Biii.t
Development Area - Pink
EAST
PART
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JOINT RESOLUTION
THE TOWN OF MONTICELLO AND T
CONTINUING THE ORDERLY AN
DESIGNATING A "DEVEL
WHEREAS; reoccurring boundary adju
the City of Monticello and the Tow
eighteen years and uncertainty as
continuous; and
T/Monticello-C/Monticello
March 17, 1987
BETWEEN
E CITY OF MONTICELLO,
EXATION AREA AND
PMENT AREA"
tments have occurred between
of Monticello for the last
o future adjustments has been
WHEREAS; the Minnesota Municipal 8 ard presently has before it a
petition to consider the annexatio of the Monticello Orderly
Annexation Area, and
WHEREAS; it tJas been difficult for the Town of Monticello and the
City of Monticello to plan separat ly for development and growth;
and
WHEREAS; it appears to be in the b st interest of both parties
that joint cooperation and plannin between the parties be
conducted; and
WHEREAS; the parties want to stabilize and enhance the
predictably of boundary adjustments; and.
WHEREAS; there is a basis for agreement between the parties for
accomplishing these goals and the parties hereto do set forth the
terms of this agreement by tile following resolution:
The Town of Monticello and the City of Monticello hereby
jointly agree to the following:
1. CONTINUING THE MONTICELLO ORDERLY ANNEXATION AREA
That the following Orderly Annexation Area in the Town
o f r~ 0 n tic ell 0 ~(a s est a b 1 i s 11 e d by a t~ u n i c i pal Boa r d 0 r d e r 0 n
,197 as in need of orderly annexation pursuant to
ivllnnesota statutechapter 414, etal, and the parties hereto
rea f fir m t:l i s are a for 0 r d e r 1 y ann e x at ion ass 11 0 w n i n ex h i bit "A"
attached herein, and made a part hereof consisting of
approximately acres.
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2. MUNICIPAL BOARD
The Town of Monticello and the City of Monticello do,
upon their adoption, and upon acceptance by the r-1innesota
Municipal Board, confer jurisdiction upon the Minnesota Municipal
Board over the tracts described in this agreement, so as to
continue said orderly annexation in accordance with the terms of
this resolution. No consideration by"_~tl1e Minnesota Municipal
Board is necessary. The Board may review and comment, but shall
witt!in thirty (30) days, order said annexation of the property
within paragraph 8, No alteration of the described boundary of
the Orderly Annexation Area is appropriate.
3. DEVELOPMENT AREA
The following area within the Orderly Annexation Area is
described herein as the "development area" as shown in exhibit
"B" attached hereto and made in part hereof consisting of
approximately acres. The said development area is an area
designated by the parties herein to be set aside for immediate
d eve lop men t . Sa i d pro per t y s h all be s e r v e d vl1 t h m u n i c i pal wa t e r
andsanit4ry sewer as soon as it is economically feasible and
ready for development. Annexation shall not occur unless
municipal water and sanitary sewer are to be provided within two
(2) years.
The City of Monticello will not be obligated to install
or require the deve"loper to install municipal water and sanitary
sewer in the above designated "development" area" unless said
development meets the standards and requirements of the City of
Monticello's zoning and planning ordinance, land use plan,
comprehensive plan, utilities plan, and assessment procedures.
"
The area described as the "development area" abutts the
City of Monticello and is presently urban or suburban in nature
or is about to become urban or suburban. Further, the City of
Monticello is now or within a reasonable amount of time be
capable of providing municipal water and sanitary sewer to this
area.
The remaining area within the Orderly Annexation Area
outside the "development area" will be a low priority area for
developmental purposes.
4. PETITION FOR ANNEXATION.
Annexation shall occur upon the fOllo...l1ng terms and
conditions:
( .0.. ) i f the pro per ty 0 w n e r wit h i n tt1 e a b 0 v e d des c rib e d
"development area" petitions the City Council and the Town Board
for annexation; and,
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(B) the property owner s b~its a development plan to
the City of 1<10nticello shol.dng the need for municipal water and
sanitary sewer for at least 80% of the property petitioned for
annexation; and
(C) the City of Monnticello accepts the Plan and
Annexation.
(D) said municipal water and sanitary sewer shall be
provided within two (2) years.
If the property owners pe ition for annexation and the
C i t Y 0 f i~ 0 n tic ell 0 a p pro v e s, t ~1 e T \I n 0 f M 0 n tic ell 0 vii 1 1 not
object to the annexation.
5. TERM
The term of this Agreemen
the effective date of this Agreeme
be upon the approval of the City C
Monticello and the Town Board of t
acceptance by the Minnesota Hunici
order approving this Agreeement.
6. LAND USE/ZONING AND PLANN NG
shall be ten (10) years from
t. The effective date shall
uncil of the City of
e Town of Monticello and
al Board and said subsequent
The zoning and planning t roughout the Orderly
Annexation Area as described above shall be under the control of
the Monticello Orderly Annexation Board until annexed to the
City of Monticello. If the proper y is annexed to the City of
Monticello, the property shall be esignated as according
tot tl e C i t Y 0 f i~ 0 n tic e 11 0 z 0 n i n gad p 1 ann i n g 0 r d 1 n a n c e s . Any
alteration or change to the zoning classification shall be
subject to a public hearing to be eld by the City of Monticello
planning Commission. The City of I onticello shall notify the
Tawn of Monticello of said land us classification hearing.
7. TAXES
Any and all 0 f t ~1 e prop e r y t a xes co 11 e c t e din the
Orderly Annexation Area in 1987 sh 11 remain the property of the
Town of Monticello. Any and all p opertj taxes collected after
t n d t sa i d d ate fro 1:1 tt1 e pro per t y \'II i C 11 i 5 sub s e que n t 1 j a i1 n e xed
s h all bet h e pro per t y 0 f the C i t Y f ~I 0 n tic ell 0 .