City Council Minutes 03-17-1987 SpecialMINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Tuesday, March 17, 1987 - 9:00 p.m.
A special meeting of the Monticello City Council, upon proper call
and notice by the Mayor of the City, was duly held at 9:00 p.m.,
Tuesday, March 17, 1987, in the Monticello City Hall. Members present
were: Fran Fair, Bill Fair, Warren Smith, Arve Grimsmo, Dan Blonigen.
Members absent: None. Also Present were: Administrator Eidem,
Assistant Administrator Wolfsteller, and City Attorney Gary Pringle.
The Mayor convened the meeting and stated that the sole reason for
the special meeting was to consider a proposal to enter a joint agreement
with Monticello Township to resolve the matters on annexation currently
pending before the Minnesota Municipal Board. The Mayor explained
that he had had several meetings with the Chair of the Town Board,
Franklin Denn, and that City Attorney Pringle had met with the Township
attorney, William Radzwill, on several occasions to work out a proposed
settlement prior to the commencement of the hearings Wednesday morning,
March 18. Copies of the proposed joint agreement were given to all
members, and the Mayor asked City Attorney Pringle to review the
provisions of the document with the Council. Pringle explained that
the primary substance of the document generated an inner ring to
the OAA, abutting directly on the city's borders, which would be
known hereafter as a development area. 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 petition successfully, the proposer
must have a development plan, and further, another provision called
for the construction of public services to the area within a two
year period. Pringle noted that with the exception of a strip of
the interstate highway and the 80 acres recently acquired by the
School District, no other lands would be annexed at this time. Pringle
noted that he did request immediate annexation of the proposed water
reservoir site and a corridor along 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 Area that was not now deemed part
of the development area, development could continue to occur; however,
any development would have to be in conformance with City development
standards and regulations.
The Mayor noted that the Town Board was meeting at the same hour
at the Town Hall to discuss the very same document with their attorney.
The Mayor and the City Attorney felt that the document was a substantial
improvement over current conditions and recommended its adoption
to the City Council. Discussion was then opened to members of the
Council. Councilmember Bill Fair felt that the document was nonsubstantive,
creating simply another arbitrary set of lines within a previous
set of arbitrary lines. He stated that he felt the petitio-ling process
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still left the City in a reactive instead of proactive posture.
Councilmember Bill Fair stated he felt it was an empty document that
gave the City no benefit. Attorney Pringle countered by saying that
the benefit to the City was that the Township was agreeing not to
protest petitions for annexation in the future. Councilmember Fran
Fair inquired as to the possibility of the water improvement that
has been planned by the City. Eidem noted that in the absence of
a petition to annex by the abutting property owners and without agreement
for immediate annexation of the water line corridor, the project
would be forced to go to referendum 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 to the development project. The
Mayor indicated that he saw no reason why the City couldn't simply
move the water tower if the property owners presented an obstacle.
It was stated that to relocate the water reservoir would cost the
taxpayers of the City approximately a quarter of a million dollars
more than the proposed siting. The 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 would be immediately annexed. Having
it now clarified that the development area would not be annexed,
but rather would enter by uncontested petition, he was now opposed
to the agreement. It was his opinion that the development of this
area was being controlled by people outside of the City rather than
by the planning divisions within the City.
Council discussion then centered on what might be a reasonable alternative
acceptable to the City which could be presented as a counter offer.
Councilmember Bill Fair still felt that a counter offer might be
inappropriate since earlier action by the Council, namely, the petition
to the Municipal Board for the entire OAA, should be the course the
City pursues. It was his opinion that the Council had committed
to an action and a willingness to live by the final decision of the
Municipal Board. He stated that everyone knew there was a certain
risk at the time and that the original motion called for a specific
course of action. Other Council members felt that it was still reasonable
to pursue and develop a negotiable counter offer. At the conclusion
of discussion of a proposed counter offer, the Council elected not
to act on the proposed joint agreement that had been submitted by the
Mayor and City Attorney. (NOTE: A photocopy of the agreement as
submitted and the attached map are attached hereto and made a part
of these minutes.)
Motion by Fran Fair, duly seconded by 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 area shown on the attached map, would
dissolve the balance of the Orderly Annexation, but would create
in its place an urban fringe planning area to be regulated and administered
by a Joint Planning Board comprised of members from the Township
and the City; to make payment under a separate agreement between
the City and Town of the full $27,500 due in 1987 and then dissolve
said agreement; and lastly, the City Council will withdraw their
other petition currently pending before the Minnesota Municipal Board.
Voting in favor of the motion: Bill Fair, Fran Fair, Dan Blonigen,
Warren Smith, Arve Grimsmo. Voting in opposition: None.
There being no further business, the meeting was adjourned.
NOTE: The map reflecting the motion by Fran Fair is attached hereto
and made a part hereof.
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Th mas A. EiderA
City Administrator
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