City Council Minutes 06-21-2004 SpecialMINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday, June 21, 2004 - 5 p.m.
Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce
Thielen.
Members Absent: None
1. Call to Order.
Mayor Thielen called the meeting to order at 5:15 p.m. and declared a quorum
present.
2. Consideration of approving ioint resolution for orderly annexation.
Mayor Thielen stated that the Council had met in closed session to review and discuss
the joint annexation resolution. Mayor Thielen asked if the Council had any additional
comments on the resolution.
BRIAN STUMPF MOVED TO ADOPT THE JOINT ANNEXATION RESOLUTION
WITH MONTICELLO TOWNSHIP. ROGER CARLSON SECONDED THE MOTION
WITH THE COMMENT THAT THE JOINT ANNEXATION RESOLUTION IS
BENEFICIAL TO ALL PARTIES. MOTION CARRIED UNANIMOUSLY.
Bruce Thielen commented that the orderly annexation is a planning tool which is what
the City wanted from the beginning. He added that the representatives from the City
and Township met on a number of occasions to come up with this proposal which the
township will be voting on later this evening. Robbie Smith expressed his thanks to
Bruce Thielen and Brian Stumpf and the township officials for all the time they spent in
coming up with an agreement. Glen Posusta added that he felt it was better that the
two entities could reach an agreement than to have an outside party such as an
administrative judge make the determination. Bruce Thielen emphasized that all
annexations will be driven by the property owner.
Mayor Thielen introduced Chris Hood, legal counsel for the City on the annexation,
and asked that he summarize the provisions of the joint resolution. Chris Hood stated
property in the orderly annexation area is designated for annexation but would not be
annexed unless certain conditions are met:
1. There must be a petition by the property owner requesting annexation;
2. The property must be contiguous to the current city boundary
3. Annexation can occur if directed because the Pollution Control Agency requires
sewer and water be extended to an area.
4. The City initiates an MSA road project or drainage project with annexation
limited to the extent of the project.
Another provision of the joint resolution is the establishment of a five member Joint
Planning
Board consisting of two representatives from the City, two representatives from the
Township
and a mutually agreed upon representative from the Wright County Commissioners.
The Joint
Planning Board would be responsible for land use authority in the OAA area and any
decision
of the Joint Planning Board would be by majority vote with the exception of rezoning
which
would require a four-fifths majority.
Another provision states that when 75% of the township is annexed, the two entities
would then
merge. There is also a provision for tax reimbursement to the township for any
annexed area.
In addition the City must provide sewer and water within three years of annexation for
residential property and within five years of annexation for commercial and industrial
property
The joint resolution allows for joint planning and protects the township from leapfrog
development. If the City does not provide utilities in the specified time frame, the
townshiphas
an option to initiate a detachment action. A resident questioned what a detachment
action
entailed and Chris Hood explained the procedure. The City agrees that no annexation
will take
place outside the orderly annexation area during the term of the agreement. Chris
Hood pointed out there are five sections designated in the orderly annexation area. If
75% of the land within a section is annexed then that section boundary can be
extended outward. Chris Hood stated that under the orderly annexation resolution,
the annexation process will be more streamlined.
Bruce Thielen asked that Chris Hood explain how the present process compares with
the
process when there is an orderly annexation agreement. Chris Hood stated
presently annexation is done by ordinance which allows annexation of 60 acres at a
time. The property owner petitions the City. The City prepares an ordinance, notifies
affected property and conducts a public hearing on the ordinance. The procedure
under an orderly annexation
agreement is simplified and more cost effective.
The term of the proposed annexation agreement is 15 years unless mutually
terminated or the
two entities merge.
PJ
Jeff Young, a township resident, stated that he hoped the resolution was a good one
but that if
the agreement does change, they will again protest at the liquor store. He asked if the
agreement was similar to that of Wyoming Township. Because the Wyoming case is
still in
negotiation, Chris Hood would not comment on the specifics of the agreement. He
noted
although there were some similarities in the agreements there were also differences
and a final
document in the Wyoming Township annexation has not been agreed to. Jeff Young
noted
that three Councilmembers were up for re-election and that their group would be
closely
following the election.
Kevin Christianson questioned whether the agreement could be terminated by just one
party or by legal action. He was informed that termination of the agreement would
have to be by agreement of both parties.
Bruce Thielen recessed the meeting at this time. The Council moved to another room
to discuss the financing for the ice arena and Chris Hood remained to field questions
from the residents present concerning annexation.
Bruce Thielen reconvened the meeting at 5:50 p.m. Tom Fredricks, Steve Hammer,
Mary Barger and Rick Blomberg from the Monticello Youth Hockey Association were
present as were representatives from the Monticello School District.
Steve Hammer and Tom Fredricks reviewed the financial statements submitted
regarding the ice arena. Mr. Hammer noted based on quotes they had received in
January they had anticipated that they could build the facility for approximately $2.2
million which was close to their original goal. Since that time steel prices have almost
doubled and there were additional expenses such as the elevator and a separate
sewer connection and now the group finds themself short almost $283,000 in funds.
The MYHA stated their belief about the benefits the ice facility would bring to the City
noting that at the present time people are going to St. Cloud or Buffalo for their ice
time. With a facility in Monticello these people would be coming to Monticello and
conducting activities such as shopping etc. in Monticello so there would be a trickle
down effect for the businesses in the City.
Steve Hammer stated that there has been a great deal of local support for the ice
arena including donations of materials, labor etc. What the MYHA was asking of the
City was to increase their commitment from $40,000 a year to $75,000 a year for ten
years.
Bruce Thielen stated there are statutes that require the City to receive something of
value in exchange for their contribution. The City was to initially to receive 266 hours
of ice time for their $40,000 contribution. The question was if the City committed to
$75,000 was there any additional ice time that could be given for the increased
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donation. The MYHA indicated there was not. The group then discussed other
possible options such as a loan to the MYHA, purchase and donation of equipment or
extend the ice time out for 20 years instead of ten.
Rick Wolfsteller questioned whether any excess revenues after expenses could be
utilized to reduce the $75,000 amount needed annually. The MYHA indicated that any
excess revenues would be going into reserves for equipment replacement, etc. Glen
Posusta questioned if ice time rates could be increased to generate some of the
$283,000 needed since it appears that ice time is in demand. He suggested that the
group could charge different rates for peak time and non -peak times. Tom Fredricks
cautioned that increasing the prices may end up causing people to quit skating.
Mayor Thielen asked for comments from the representatives of the school district.
Mike Benedetto indicted that the school district had approved the project based on
three conditions which included 1) State department approval; 2) approval of the
drawings and 3) funding to secure the loan needed. Two of the three conditions have
been met. He noted that time is a problem as the later it gets into the season the
less revenue will be generated The school district has said they will not go to the
taxpayers for additional funding. He noted that residents would question an increase
commitment to this project when teachers were being laid off and class sizes were
increasing.
Bruce Thielen asked for the Council's opinion. Brian Stumpf asked what could the
City do and could the MYHA extend the hours out for more years. Again the various
options were discussed such as the City buying the ice making equipment and
donating it to the school or making a donation in exchange for advertising for the
MCC. The consensus was that the preferred solution was to make the $75,000
commitment for 10 years with the ice time running over a period of 20 years. The
question was whether the City could legally prepay for the ice time.
Bruce Thielen recessed the meeting for a brief time so that the City Administrator
could contact the City Attorney regarding this issue. Upon reconvening, Rick
Wolfsteller reported that the City Attorney believed the City could prepay the ice time.
GLEN POSUSTA MOVED TO INCREASE THE CITY'S FUNDING COMMITMENT TO
THE ICE ARENA FROM $40,000 A YEAR TO $75,000 A YEAR FOR 10 YEARS
WITH THE INCREASE FUNDING TO BE USED TO PAY OFF THE LOAN WITH THE
CITY RECEIVING ICE TIME OVER A PERIOD OF 20 YEARS IN EXCHANGE FOR
THE FUNDING COMMITMENT. BRUCE THIELEN SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY WITH ADDITIONAL COMMENTS.
Roger Carlson stated he was discouraged that the City was almost doubling its
funding commitment. Robbie Smith concurred and felt that the MYHA need to keep
on with its fund raising activities.
ROBBIE SMITH MOVED TO ADJOURN AT 6:30 P.M. GLEN POSUSTA
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
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Recording Secretary