City Council Resolution 2006-104OA -1061 Monticello/Monticello Township Joint Agreement
CITY OF MONTICELLO RESOLUTION NO. 2006-104
ANNEXATION RESOLUTION OF THE CITY OF MONTICELLO
IN ACCORDANCE WITH THE ABOVE- REFERENCED JOINT AGREEMENT BETWEEN
THE CITY OF MONTICELLO AND MONTICELLO TOWNSHIP, DATED JUNE 21,2004
DESIGNATING CERTAIN PROPERTY LOCATED IN THE ORDERLY ANNEXATION
AREA (OAA) OF MONTICELLO TOWNSHIP AS IN NEED OF IMMEDIATE ORDERLY
ANNEXATION PURSUANT TO MINNESOTA STATUTES, SECTION 414.0325
WHEREAS, the City of Monticello (hereinafter the "City'D and Monticello Township
(hereinafter the " Township ") entered into a Joint Resolution for Orderly Annexation on June 21, 2004
and revised May, 2005 describing the procedures and process for future orderly annexation of certain
designated areas of the Township, referred to as the "Orderly Annexation Area" (OAA), for the
purpose of orderly, planned growth and annexation, pursuant to Minnesota Statutes, Section 414.0325;
and
WHEREAS, the above- referenced Joint Resolution for Orderly Annexation between the City
and Township has been previously filed with the Department of Administration and is referenced. as
Department of Administration File No. OA -1061 Monticello/Monticello Township Joint Agreement
(hereinafter the "Joint Agreement"); and
WHEREAS, the above - referenced Joint Agreement provides that any land within the OAA
designated therein may be annexed by the City at anytime is the City and Township otherwise jointly
agree in writing in accordance with provisions set forth in 2g.
WHEREAS, the area legally described herein and designated for immediate orderly annexation
is located within the OAA described in the Joint Agreement and;
WHEREAS, on November 12006, in accordance with the Joint Agreement, the Township
agreed with the City's request for annexation of the area legally described herein and;
WHEREAS, the area designated and legally described herein for immediate orderly annexation
and extension of municipal services is urban or suburban or about to become so, annexation is the in
the best interests of the City, Township and property owners, and annexation thereof would benefit the
public health, safety and welfare of the entire community; and
WHEREAS, having met all the triggering conditions for orderly annexation of the area legally
described herein contained in the Joint Agreement for property located in the OAA, the City may
adopt, execute and file an "Annexation Resolution" so providing for immediate annexation of the area
designated herein (See, Joint Agreement at Paragraph 13); and
WHEREAS, in accordance with Paragraph 13 of the Joint Agreement, annexation of the area
designated herein pursuant to the Joint Agreement does not require a hearing or any consideration by
the State Department of Administration and is not subject to objection by the Township.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello,
Wright County, Minnesota, as follows:
1. This Resolution constitutes the City's written notice to the Township of an event
triggering annexation as provided in the abovc-referenced Joint Agreement and shall be
referred to as the "Annexation Resolution" as provided in Paragraph 13 of the Joint
Agreement.
2. The area designated herein for orderly annexation is legally described in Exhibit A.
which is attached hereto and incorporated herein by reference.
3. A boundary map showing the area designated herein for orderly annexation is attached
hereto and incorporated herein by reference as Exhibit B.
4. The agreement signed by the Township officials dated November 1, 2006, constituting
the requisite triggering event for annexation of the area legally described in Exhibit A in
accordance with the Joint Agreement, is attached hereto and incorporated by reference
as E 'bit Q.
5. The above - referenced Joint Agreement between the City and Township, providing the
conditions for annexation of the area legally described in Exhibit A, is attached hereto
as Exhibit
b. The area legally described in Exhibit A and designated as in need of immediate orderly
annexation 35.04 acres.
7. The population of the area legally described in ExW 't A and designated as in need of
immediate orderly annexation is zero.
S. In accordance with Paragraph 13 of the Joint Agreement, the Department of
Administration may review and continent on this Annexation Resolution, but shall
within thirty (30) days of receipt of this Annexation Resolution and a copy of the above -
referenced Joint Agreement (attached as E xhibit D , order the annexation of the area
designated in this Annexation Resolution and legally described in Exhibit A in
accordance with the terms and conditions of the above - referenced Joint Agreement. No
alteration of the stated boundaries as described in this Annexation Resolution is
appropriate, no consideration by the Department of Administration is necessary, and all
terms and conditions for annexation have been met as provided for in the Joint
Agreement.
9. Upon the annexation of the area designated herein for orderly annexation and legally
described in E 'bit the City shall reimburse the Township for the loss of taxes from
the property so annexed in accordance with the following (See, Joint Agreement at
Paragraph 6):
a. In the year when the city could first levy on the annexed area, the City shall
snake a cash payment to the Township iri an amount equal to four (4) times the
property taxes distributed to the Township in the annexed area in the last year
that property taxes from the annexed area were payable to the Township.
b. Thereafter, the City will no longer reimburse the Township. The City shall
make payment as contemplated herein no later than Becernber 31 of the first
year following the year when the City could first levy on the annexed area.
10. Following annexation of area designated herein for orderly annexation, the City shall be
responsible for providing municipal government services to the annexed area in
accordance with Paragraph 7 of the Joint Agreement.
11. This Annexation Resolution is made pursuant to, and shall be construed in accordance
with the laws of the State of Minnesota and the above - referenced Joint Agreement.
12. Upon adoption and execution of this Annexation Resolution by the City, the City shall
file the same with the Township and Department of Administration Municipal Boundary
Adjustments Office along with the required filing fee.
13. In the event there are errors, omissions or any other problems with the legal descriptions
or mapping provided in Exhibit A or Exhibit B. in the judgment of the Department of
Administration Municipal Boundary Adjustments Office, the City shall make such
corrections and file any additional documentation, including a new Exhibit or E ' it
making the corrections requested or required by the Department of Administration as
necessary to make effective the annexation of said area.
Passed, adopted and approved by the City Council of the City of Monticello, Wright County,
Minnesota this 13th day of November, 2006.
CITY OF MONTICELLO
By=
Clint f re-rb st, Mayor
ATTEST:
Jeff ON14f.,01ty Administator
EIM BIT A
The area designated in the Annexation Resolution and shown on Exhibit B is legally described as
follows:
The subject area of Monticello Township, Wright County, Minnesota, proposed for annexation
to the City of Monticello, Wright County, Minnesota, referenced in City of Monticello Resolution
No. 2006 -104 is legally described as follows:
That part of the C.S.A.H. 75 right-of-way, having a basic width of 150.00 feet, extending from
the southeasterly right -of -way line of C.S.A.H. No. 18, to the southeasterly right-of-way line of
Meadow Oak Avenue (Approximately 2800 feet).
And that part of the C.S.A.H 75 right-of-way, having a basic width of 150.00 feet, extending from
the southeasterly right -of -way line of Meadow Oak avenue, to the southwesterly right-of-way
line of Interstate Highway No. 94. (Approximately 2300 feet)
And abo that part of the Interstate Highway No. 94 exit ramie to C.S.A.H. No. 75, lying
northeasterly of the northeasterly right-of-way line of C.S.A.H. No. 55 and lying northerly of a
line drawn parallel with and distant 125.00 feet northerly of the centerline of west -bound
Interstate Highway No. 94. (Approximately 1600 feet)
And also that part of the Burlington Northern Railroad right-of-way, having a basic width of
100.00 feet, extending from the southeasterly right- off -way line of C.S.A.H. No. 18, to the
southerly line of Section 18, township 121, Range 24, Wright County, Minnesota (Approximately
5100 feet)
The boundary map referenced in the Annexation Resolution showing the area designated for orderly
annexation and legally described in Exhibit A, is attached hereto.
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Agreement of the Monticello Township Board to the Annexation Resolution pursuant to Section 2(h)
of the Joint Agreement between the City and Township is attached hereto.
November 01, 2006
Re: Monticello Township Approval of City of Monticello Annexation Request
The Monticello Township Board of Supervisors hereby approves the annexation request
made by the City of Monticello pertaining to right -of -way along County State Aid
Highway (C.S.A.H.) No. 75, the Minnesota Department of Transportation's (Mn/DOT's)
access ramps to Interstate Highway No. 94 at C.S.A.H. No. 75, and along the Burlington
Northern Railroad (BNRR) corridor adjacent to the aforementioned right-of-ways in
Township 121, Range 24 and Range 25, Wright County, Minnesota as follows:
That part of the C.S.A.H. No. 75 right-of-way, having a basic width of 150.00 feet,
extending from the southeasterly right -of -way line of C.S.A.H. No. 18, to the
southeasterly right-of-way line of Meadow Oak Avenue. (Approximately 2800 feet)
And that part of the C.S.A.H. 75 right -of -way, having a basic width of 150.00 feet,
extending from the southeesterly right-of-way line of Meadow Oak Avenue, to the
southwesterly right- of-way line of Interstate Highway No. 94. (Approximately 2300 feet)
And also that part of the Interstate Highway No. 94 exit ramp to C.S.A.H. No. 75, lying
northeasterly of the northeasterly right -of -way line of C.S.A.H. No. 75 and lying
northerly of a line drawn parallel with and distant 125.00 feet northerly of the centerline
of west -bound Interstate Highway No. 94. (Approximately 1600 feet)
And also that part of the Burlington Northern Railroad right-of-way, having a basic width
of 100.00 feet, extending from the southeasterly right-of-way line of C.S.A.H. No. 18, to
the-southerly line of Section 18, Township 121, Range 24, Wright County, Minnesota.
(Approximately 5100 feet)
It is understood that the annexation limits described herein and as shown in Exhibit A
(attached) may require minor modifications based upon input frorn Mn/DOT and/or
BNRR.
MO r CELLO TOWNSHIP
y-
b'raiiklin enn, Chair
By: r WLY.11-1-P -,.?
Nancy Kopff,
Dated: 11 6 1 2006
EXHIBIT ID
The Joint Agreement between the City and Township resulting in this Annexation Resolution is
attached hereto.
A -6979 Monticello/Monticello Township
STATE OF MINNESOTA
DEPARTMENT OF ADMINISTRATION
IN THE MATTER OF THE PETITION FOR )
THE ANNEXATION OF CERTAIN LAND ) JOINT RESOLUTION
TO THE CITY OF MONTICELLO PURSUANT }
TO MINNESOTA STATUTES, SECTION 414.031)
THE AGREEMENT PREVIOUSLY SIGNED BY THE CITY AND TOWNSHIP OF
MONTICELLO ON .TUNE 2I 2004 IS HEREBY AMENDED BY JOINT ACTION OF
BOTH PARTIES AND THE COUNTY OF WRIGHT. ALL CHANGES TO THE
PREVIOUS AGREEMENT ARE CONTAINED WITHIN THIS NEW AGREEMENT.
JOINT RESOLUTION FOR ORDERLY ANNEXATION
BY AND BETWEEN MONTICELLO TOWNSHIP AND
THE CITY OF MONTICELLO IN SETTLEMENT OF 1vIINNESOTA
DEPARTMENT OF ADMINISTRATION FILE NO.
-6979 MONTICELLO/MONTICELLO TOWNSHIP
WHEREAS, the City of Monticello filed an annexation petition, dated October 13, 2003,
with the Minnesota Department of Administration Municipal Boundary Adjustments Office (File
No. A -6979 Monticello/Monticello Township) seeking annexation of certain areas located within
Monticello Township pursuant to Minnesota Statutes, Section 414.031; and
WHEREAS, Monticello Township and the City of Monticello have been working toward
settlement of their boundary dispute and have reached a settlement agreement believed to be in
the mutual best interests of both parties; and
WHEREAS, the City of Monticello (hereinafter the "City ") and Monticello Township
(hereinafter the "Township ") desire to enter into an agreement allowing for the orderly
annexation of certain property, pursuant to Minnesota Statutes, Section 414.0325; and
WHEREAS, the City and Township are in agreement to the procedures and process for
orderly annexation of certain lands described herein for the purpose of orderly, planned growth;
and
WHEREAS, the City and. Township have agreed to work cooperatively to accomplish the
orderly annexation of the areas legally described herein; and
WHEREAS, the City and Township agree that orderly annexation and extension of
municipal services to those areas designated herein that are urban or suburban or about to
become so is in the best interests of the City, Township and property owners and would benefit
the public health, safety and welfare of the entire community; and
WHEREAS, for the areas designated herein, the City and the Township desire to
accomplish the orderly annexation of said areas in a mutually acceptable and beneficial manner
as urban development occurs and without the need for a hearing; and
WHEREAS, the parties hereto desire to set forth the terms and conditions of such orderly
annexation by means of this Joint Resolution in settlement of the above - referenced contested
case matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello
and the Township Board of Supervisors of the Township of Monticello as follows:
1. Description of Area Designated_ for Orderly Annexation. The area of the Township
located within the area marked on the map attached hereto as Exhibit A is deemed by the
parties to be properly subject to orderly annexation under and pursuant to Minnesota
Statutes, Section 414.0325, The parties hereby designate this area for orderly annexation
as provided by conditions for annexation set forth in this Joint Resolution. The area
designated herein for orderly annexation, as shown on Exhibit A, shall be referred to for
ease of reference as the "Orderly Annexation Area" ( "OAA'�. The City may annex, at
any time after the execution of this Joint Resolution, land located within the OAA, in
accordance with the terms and conditions stated herein for annexation and in accordance
with Paragraph 13 of this Joint Resolution. The designated area shown on the attached
map as Exhibit A is legally described in Exhibit B, both of which exhibits are attached
hereto and incorporated herein by reference.
2. Conditions and Triggering Events for Annexations. Notwithstanding Paragraph 3 of this
Joint Resolution, any land within the OAA (see Exhibit A and Exhibit B 'may be
annexed by the City, in accordance with Paragraph 13 of this Joint Resolution, under any
of the following circumstances:
a. The City receives a petition for annexation from 100% of the property owners
of an individual parcel of land contiguous to or abutting the City;
b. The area is completely surrounded by the City, except that this provision may
not be used to annex the subdivisions named in this subparagraph 2.b. (Devron
Green, the Dunes, Glendale, Monticello Acres, Ponderosa, Prairie Acres, O.K.
Coral Ranchette, Riverside Acres, Tyler East, Walesch Addition, and Walesch
2"d Addition, as said subdivisions are recorded in the Wright County Recorders
Office on the effective date of this Joint Resolution) for a period of ten years
following the effective date of this Joint Resolution;
c. The City or property owner(s) is ordered by the State Pollution Control Agency
or Department of Health to provide sewer or water service to a portion of the
Township for the protection of the public health and safety and/or because of
immediate environmental concerns;
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d. The City decides to add an arterial or collector road to its Municipal State Aid
street system, but only to the extent of the right -of -way needed for the road,
and provided, however, that any costs associated with installation of these
roads will not be assessed to Township residents by the City, nor deferred until
future annexation of the property, unless different arrangements are otherwise
agreed to by the City and a property owner;
e. The City, with Township approval, determines by resolution that land, right-of-
way, or easements are needed for a public works improvement proj ect
designed to provide sanitary sewer pumping and conveyance facilities, water
supply, water storage or water conveyance facilities, stormwater retention,
stormwater detention or stormwater conveyance facilities, but only to the
extent needed for said facilities. The City's statutory condemnation authority
shall not otherwise be limited by this provision. With respect to Wright
County Ditch 33, notwithstanding the foregoing, Township approval shall not
be required for a stormwater project under this provision should Wright County
otherwise approve the project or convey Ditch 33;
f. In the case of platted residential subdivisions, the City receives a petition from
a majority of property owners, either in a given contiguous area, or a block in a
platted residential subdivision, or from the entire subdivision, for annexation
and/or provision of sewer or water services.
g. A licensed inspector retained by Wright County determines that at least 30% of
the individual sewage treatment systems or individual wells within a platted
residential subdivision or neighborhood or block in such a subdivision are
failing or are not meeting state drinking water standards; or
h. The City and Township otherwise jointly agree in writing.
For purposes of this Joint Resolution land shall be considered to be contiguous to, abut, abuts, or
abutting the City where the boundaries of said land or area to be annexed at least touch the City
boundary at a single point, including areas whose boundaries would touch the City boundary at a
single point but for an intervening roadway, railroad, waterway, or parcel of publicly owned
land. Further, due to actions pending at the time of this agreement, the proposed residential
subdivision known as "Hidden Forest" shall be considered to be contiguous to the City.
3. Zoning and PIanning. For any areas of the Township in the OAA that are not annexed
pursuant to this Joint Resolution, planning and zoning authority as specified herein within
the OAA shall be governed by a 5- member Joint Planning Board (JPB) described as
follows:
a. The JPB shall be made up of two members appointed by the Township Board,
two members appointed by the City Council, and one member of the Wright
County Board appointed by the Wright County Board of Commissioners.
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b. The JPB shall serve as the "governing body" and "board of appeals and
adjustments" for purposes of Minnesota Statutes, sections 462.357 and 462.358
within the OAA and shall have all of the powers contained in sections 462.351
to 462.364, except as otherwise provided by this Joint Resolution.
c. The Wright County Planning and Zoning Office shall serve as staff and
advisors to the JPB, unless otherwise determined by the JPB. The JPB may, at
any time, also consult with City staff as it deems necessary to effectively carry
out its duties and responsibilities. The costs of administration of the JPB shall
be paid equally by the City and Township. Any remuneration (per diem) paid
to members serving on the JPB or retaining consultants to provide services to
the JPB shall be approved and equally paid by the city and township.
d. The JPB will set the schedules for necessary zoning and planning fees in the
OAA. The fees shall be consistent with the fee structure used by Wright
County, unless otherwise determined by the JPB.
e. Except as otherwise provided, any action of the JPB to exercise its authority as
specified herein must be preceded by a majority vote (at least 3 out of the 5
members) of the members of the JPB voting on the prevailing side.
f. As soon as practicable after execution of this Joint Resolution, the JPB shall
review the area included in the OAA, existing comprehensive plans in the City,
Township and County; and determine whether the JPB should develop a joint
land use plan for the OAA. If a joint plan is developed, the City and Township
shall thereafter review and comment on the plan. The City and Township shall
consider incorporating the developed plan or plan elements into the City's and
Township's respective comprehensive plans.
g. The JPB shall require that the existing Township zoning or Wright County
zoning, whichever is applicable and more restrictive, in effect within the OAA
on the effective date of this Joint Resolution, remain in full force and effect and
unchanged during the term of this Joint Resolution, unless said area or portion
thereof is either first annexed or said zoning change is otherwise approved by a
supermajority vote (4 out of 5 members) of the JPB. Any decision by the JPB
to zone or rezone portions of the OAA shall be subject to review and comment
by the City and Township prior to such zoning or rezoning becoming effective.
The JPB shall give the City and Township at least 30 days to review and
comment before making a zoning or rezoning decision. The City or Township
shall waive its right to review and comment if it fails to review and comment
within the specified period provided herein.
The JPB shall not approve a subdivision within the OAA unless first approved
by a supermajority vote (4 out of 5 members) of the JPB. The Township shall
not zone, rezone, plat, re -plat, subdivide, or re- subdivide within the OAA
between the time of development of this Joint Resolution and the effective date
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of this Joint Resolution, unless otherwise agreed to in writing by the City. For
the purposes of this paragraph, "subdivision" shall not include building
entitlement transfers for agricultural lot splits and property transfers between
family members under the current Wright County Zoning Ordinance, as
adopted by the Township.
h. Failure of the JPB to exercise any of its authority as described herein shall not
render this Joint Resolution or any other provisions contained herein invalid or
unenforceable, and the terms and conditions contained in this Joint Resolution
shall otherwise remain in full force and effect and binding upon the parties
hereto.
i. Each member serving on the JPB shall serve a period of one year ending
December 31. A term on the JPB may be extended, by action of a member's
respective governing body.
j. The JPB shall meet monthly or as needed as determined by the JPB members.
4. Merger. Notwithstanding the foregoing, the City and Township shall combine in their
entirety under the following circumstances: 1) at such time as the Township and the City
adopt a joint resolution so providing; or 2) at such time as seventy -five percent (75 %) of
the Township, as the Township exists on the effective date of this Joint Resolution, is
annexed to the City, whichever comes first. Annexation by the City of the remainder of
the Township shall be accomplished in accordance with Paragraph 13. The City shall
hire any remaining Township personnel following the effective date of annexation of the
remainder of the Township. As soon as practicable following the effective date of
annexation resulting in the merger of the City and Township, the City will hold municipal
elections for all of the City Council and Mayor positions.
5. Ado t and Enforce Regulations. The City and Township agree to enact, adopt, and
strictly enforce all such resolutions, ordinances, or regulations, as may be or shall be
necessary to give full effect to the stipulations contained in this Joint Resolution,
6. Tax Reimbursement. Upon the annexation of land Iocated within the OAA pursuant to
Paragraph 13 of this Joint Resolution, the City shall reimburse the Township for the loss
of taxes from the property so annexed in accordance with the following:
a. In the year when the City could first levy on the annexed area, the City shall
make a cash payment to the Township in an amount equal to four (4) times the
property taxes distributed to the Township in regard to the annexed area in the
last year that property taxes from the annexed area were payable to the
Township.
b. Thereafter, the City will no longer reimburse the Township. The City shall
make payment as contemplated herein no later than December 31 of the first
5
year following the year when the City could first levy on the annexed area and
for any subsequent years.
i- Provision of Services. After annexation of land located within the OAA, the City shall be
responsible for providing municipal governmental services to the annexed area. Sanitary
sewer or water services, in the City's discretion, shall be provided to an area annexed
with existing or proposed residential development within three (3) years after the
effective date of the annexation. Sewer or water services, in the City's discretion, shall
be provided to an area annexed with existing or proposed commercial, industrial,
governmental or institutional development within five (5) years after the effective date of
annexation. In the event that the City extends trunk sewer and/or water lines across a
portion of the OAA remaining in the Township in order to serve an area annexed by the
City, the individual properties remaining in the Township that abut the City trunk sewer
and/or water line extended shall not be charged any trunk sewer or water line charges,
fees or assessments by the City for the trunk sewer and/or water line abutting said
properties until said properties are annexed by the City and are platted and developed.
A failure on the part of the City, not due to circumstances beyond the City's control, to
provide either of such sewer or water services within the time period specified following
the effective date of annexation may subject the area so annexed to be deemed null and
void by resolution of the Township adopted at a regular meeting of the Township, and the
Township may thereafter petition the Department of Administration Municipal Boundary
Adjustments Office, or its successor agency, for detachment of the area in accordance
with Minnesota Statutes, Section 414.06. The City shall not oppose the Township's
petition for detachment provided it meets the conditions contained in this Joint
Resolution.
As an alternative to initiating a detachment proceeding, the Township may elect, by
resolution adopted at a Township Board meeting, to have the City reimburse the
Township for taxes lost on the applicable property annexed by the City at the Township's
tax rate applicable in the year of annexation until the services required under this
Paragraph are provided to the annexed property by the City.
In order to act under this Paragraph, the Township shall make an election by resolution at
a meeting of the Township Board to either; 1) initiate a detachment proceeding, or 2)
seek tax reimbursement as provided in this Paragraph, and provide notice to the City of
the election, within ninety (90) days of the City's failure to provide said service as
required under this Paragraph, or the Township may only seek tax reimbursement as
provided in this Paragraph and waives the election to initiate a detachment proceeding
under Section 414.06.
For purposes of this Paragraph, the City will be deemed to have met the obligation to
provide sanitary sewer or water service to an annexed area if within the timeframes
specified herein following an annexation of an area, the City awards a contract to a
contractor to construct a sewer or water service project making municipal sanitary sewer
or water service available to an area annexed under the terms of this Joint Resolution.
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Every Annexation Resolution adopted under Paragraph 13 of this Joint Resolution
resulting in the annexation of land located within the OAA shall be treated separately for
purposes of compliance with this Paragraph 7.
In the event that the City annexes land in accordance with a triggering event contained in
this Joint Resolution and said land is identified in the City's comprehensive plan for open
space or park preservation, the requirements contained in this Paragraph do not apply to
said ar- nexation since the intent is that said areas would remain as open space or park land
and would not need City sewer or water service.
8. Township Maintenance of Services. The Township agrees that it will be responsible for
normal and regular maintenance of all Township roads, streets, bridges, drainage
facilities and other public rights -of -way that it is currently maintaining within the
designated OAA prior to annexation thereof. Maintenance of Township infrastructure
within the designated OAA by the Township shall be consistent with other standard
maintenance practices employed by the Township elsewhere in the Township.
9. fine Roads. For any Township roads that become the boundary line for the City and
Township as a result of an annexation, the City shall assume responsibility for road
maintenance and improvement for the entire section of the Township road that becomes
the boundary line adjacent to the City.
10. No Annexation Outside the OAA. The parties agree that the City will not initiate any
annexations outside the OAA while this agreement is in effect. Notwithstanding the
forgoing, the City may initiate an annexation under Chapter 414 if the City is ordered by
the State Pollution Control Agency or the Department of Health to provide sewer or
water service to a portion of the Township for the protection of the public health and
safety and/or because of environmental concerns. Further, the City will not file any
petitions for a contested case annexation within the OAA or the remainder of the
Township outside the OAA during the term of this Joint Resolution, provided that the
Township does not seek to incorporate during the term of this Joint Resolution.
11.E anion of OAA. For purposes of expansion of the OAA under this Paragraph, the
OAA designated herein shall be divided into five sections shown on Exhibit C. The
individual sections of the OAA as designated in and shown on Exhibit C may be
expanded at such time as: 1) 75% of the land (excluding wetlands, the named
subdivisions reference in Paragraph 2.b. of this Joint Resolution and lakes) within an
individual section of the OAA is annexed; or 2) the City and Township jointly agree to
expand a section, whichever comes first. In the event that one or more of the above
conditions exists, the City and Township agree that the boundary line of the section of the
OAA meeting the condition contained herein shall be expanded outward one -half section
along the entirety of that section of the OAA boundary line as it exists at that time.
Notwithstanding the foregoing, the City and Township may agree in writing to a different
expansion area greater than or less than the one -half section expansion area provided for
herein.
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The City shall notify the Township in the event that any of the conditions stated in this
Paragraph exist. Thereafter, the City shall file the appropriate adjustments to the OAA or
any section thereof, within ninety (90) days of January 1 of each year that ends in a
multiple of three (3) (Le.: 2006,2009,2012 ... ), with the Department of Administration,
or its successor agency, including a new Amended Exhibit A, Amended Exhibit B, and
Amended Exhibit C, which shall replace the Exhibit A. Exhibit B, and Exhibit C filed
with this Joint Resolution, along with a letter so providing describing the adjustments to
each section of the OAA and referencing this section of this Joint Resolution.
12. Withdraw Contested Case Petition. The City agrees to withdraw its pending annexation
petition, File No.A -6979, as soon as practicable after execution and filing of this Joint
Resolution with the State
13. No Hearing Required. All annexations contemplated by this Joint Resolution in the OAA
shall not require a hearing or any consideration by the State Department of
Administration, or its successor agency. The City and Township agree that, upon the
occurrence of an event triggering annexation as provided herein for any land located
within the OAA, the City shall provide written notice of such occurrence to the
Township, and upon receipt of a resolution of the City (referred to as the "Annexation
Resoiution55) describing such area along with a copy of this Joint Resolution, the
Department of Administration or its successor agency, may review and comment, but
shall within thirty (30) days of receipt of the Annexation Resolution and a copy of this
Joint Resolution, order the annexation of the area designated in the Annexation
Resolution in accordance with the terms and conditions of this Joint Resolution. The
City and Township agree that no alteration of the stated boundaries as described in the
Annexation Resolution is appropriate, that no consideration by the Department of
Administration, or its successor agency, is necessary, and that all terms and conditions for
annexation are provided for in this Joint Resolution. Provided that the requisite terms
and conditions have been met as contained in this Joint Resolution, the Township shall
not object to an annexation initiated by the City filing an Annexation Resolution with the
Department of Administration, or its successor agency. As of the effective date of this
Joint Resolution, there is no election requirement in the law to effect or accomplish an
annexation. No such election shall be required or apply to any annexation provided
herein either now or during any period during which this Joint Resolution is in effect.
14. Disputes and Remedies. Subject to Paragraph 3, the City and Township agree as follows:
a. Negotiation. When a disagreement over interpretation of any provision of this
Joint Resolution shall arise, the City and the Township will direct staff
members, as they deem appropriate, to meet at least one (1) time at a mutually
convenient time and place to attempt to resolve the dispute through
negotiation.
b. Mediation/Arbitration. When the parties to this Joint Resolution are unable to
resolve disputes, claims or counterclaims, or are unable to negotiate an
interpretation of any provision of this Joint Resolution, the parties may
mutually agree in writing to seek relief by submitting their respective
grievances to mediation and/or binding arbitration.
c. Adjudication. When the parties to this Joint Resolution are unable to resolve
disputes, claims or counterclaims, are unable to negotiate an interpretation of
any provision of this Joint Resolution or are unable to agree to submit their
respective grievances to mediation or binding arbitration, or such action has
not otherwise resolved the matter in dispute, either party may seek relief
through initiation of an action in a court of competent jurisdiction. In addition
to the remedies provided for in this Joint Resolution and any other available
remedies at law or equity, in the case of a violation, default, or breach of any
provision of this Joint Resolution, the non- violating, non - defaulting, or non -
breaching party may bring an action for specific performance to compel the
performance of this Joint Resolution in accordance with its terms.
15. Termination. This Joint Resolution shall remain in full force and effect until one of the
following conditions take place, whichever comes first:
a. Termination by mutual written joint resolution of the City and Township; or
b. The remainder of the Township is annexed resulting in the merger of the City
and Township; or
c. January 1, 2025.
16. Governing Law. This Joint Resolution is made pursuant to, and shall be construed in
accordance with the laws of the State of Minnesota.
17. Modification/Amendment. Except as otherwise provided herein, this Joint Resolution
shall not be modified, amended, or altered except upon the written joint resolution of the
City and the Township duly executed and adopted by the City Council and the Township
Board of Supervisors and filed with the Department of Administration, or its successor
agency.
18. Sevembility. In the event that any provision of this Joint Resolution is determined and
adjudged to be unconstitutional, invalid, illegal or unenforceable by a court of competent
jurisdiction, the remaining provisions of this Joint Resolution shall remain in full force
and effect, and the parties hereto shall negotiate in. good faith and agree to such
amendments or modifications of or to this Joint Resolution or other appropriate actions as
small, to the maximum extent practicable in light of such determination, inriplement and
give effect to the intentions of the parties hereto.
19. Headings and Ca tions. Headings and captions are for convenience only and are not
intended to alter any of the provisions of this Joint Resolution.
W
20. Entire Agreement. The terms, covenants, conditions and provisions of this Joint
Resolution, including the present and all future attachments, shall constitute the entire
agreement between the parties hereto, superseding all prior agreements and negotiations.
This Joint Resolution shall be binding upon and inure to the benefit of the respective
successors and assigns of the City and Township.
21. Notice. Any notices required under the provisions of this Joint Resolution shall be in
writing and sufficiently given if delivered in person or sent by U.S. mail, postage prepaid,
as follows:
If to the City:
City Administrator
Monticello City Hall
505 Walnut Street, Suite 1
Monticello, MN 55362 -8831
10
If to the Township:
Township Clerk
Monticello Township
8550 Edmonson Ave., NE
Monticello, MN 55362
Passed, adopted, and approved by the Township koard of Su rvisors of the Township of
Monticello, Wright County, Minnesota, this 1_ day of , 2005.
TOWNSHIP OF MONTICELLO
ATTEST:
.
By:
Franklin Denn, Chair
Passed, adopted, and approved by the City Council of the City of Monticello, Wright County,
Minnesota, thiAt day of Mau , 2005.
CITY OF MONTICELLO
M
By: — (/" &e�z
C int Herbst, Mayor
ATTEST:
— 0" �/' U/ U'— ...
Rich Wolfstefler.1 City Administrator
Passed, adopted, and approved by the Wright County Board of Commissioners, Wright
County, Minnesota, this day of 2005.
WRIGHT COUNTY
f
By: J AA
Richar Mattson, Chair
ATTEST:
r �
RichAd W. Norman, my Coordinator
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EXHIBIT A
The municipal boundary map referenced in Paragraph 1 of the attached Joint Resolution showing
the current City of Monticello and the OAA legally described in Exhibit B, is attached hereto.
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�y. . - . _
_ J
EXHIBIT �
The CAA shown in Exhibit A and referenced in the attached Joint Resolution is legally described as
follows:
Lands in Township 121, Range 25, Wright County, Minnesota:
All of Sections 5, 9, and 16, Township 121, Range 25, Wright County, Minnesota
And also that part of the Southwest Quarter of the Southwest Quarter of Section 3, Township
121., Range 25, Wright County, Minnesota, lying southwesterly of Interstate Highway No.94.
And also that part of Section 4, Township 121, Range 25, Wright County, Minnesota, lying
southwesterly of Interstate Highway No. 94.
And also the Northeast Quarter, the east -half of the Northeast Quarter of the Northwest Quarter
and the north -half of the Southeast Quarter, all in Section 8, Township 121, Range 25, Wright
County, Minnesota.
And also all that part of Section 10, Township 121, Range 25, Wright County, Minnesota lying
southwesterly and westerly of the existing City of Monticello corporate limits.
And also the east -half of Section 13, Township 121, Range 25, Wright County, Minnesota,
except that part which lies within the existing City of Monticello corporate limits.
And also that part of Section 15, Township 121, Range 25, Wright County, Minnesota, lying
westerly of the existing City of Monticello corporate limits.
And also the Northeast Quarter of Section 21, Township 121, Range 25, Wright County,
Minnesota.
And also all of the north -half of Section 22, Township 121, Range 25, Wright County,
Minnesota, and that part of the south -half of said Section 22 lying easterly of State Trunk
Highway No. 25.
And also that part of Section 23, Township 121, Range 25, Wright Count, Minnesota lying
southerly of the existing City of Monticello corporate limits.
And also that part of Section 24, Township 121, Range 25, Wright County, Minnesota, lying
southerly of the existing City of Monticello corporate limits.
And also the north -half of Section 25, Township 121, Range 25, Wright County, Minnesota.
And also the north -half of Section 26, Township 121, Range 25, Wright County, Minnesota.
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And also that part of the north -half of Section 27, Township I21, Range 25, Wright County,
Minnesota, lying easterly of State Trunk Highway No. 25.
Ri
Lands in Township 121, Range 24, Wright County, Minnesota i
All of Section 7, Township 121, Range 24, Wright County, Minnesota.
And also that part of the south -half of Section 8, Township 121, Range 24, Wright County,
Minnesota, lying westerly of Government Lot 4 in said Section 8.
And also all of the west -half, the west -half of the Northeast Quarter, and the west -half of the
Southeast Quarter, all in Section 17, Township 121, Range 24, Wright County, Minnesota.
And also Section 18, Township 121, Range 24, Wright County, Minnesota, except that part
which Ties within the existing City of Monticello corporate limits.
And also that part of Section 19, Township 121, Range 24, Wright County, Minnesota, lying
southerly of the existing City of Monticello corporate limits.
And also the Northwest Quarter, the west -half of the Northeast Quarter, the Northwest Quarter of
the Southeast Quarter and the north -half of the Southwest Quarter, all in Section 20, Township
121, Range 24, Wright County, Minnesota.
And also all of the north -half of section 30, Township 121, Range 24, Wright County,
Minnesota, and all of Government Lots 3 and 4 of the Southeast Quarter of said Section 30.
Lands in Township 122, Range 25, Wright County, Minnesota:
The east -half of the Southeast Quarter of Section 30, Township 122, Range 25, Wright County,
Minnesota.
And also the Northeast Quarter of the Southeast Quarter and the east -half of the Northeast
Quarter of Section 31, Township 122, Range 25, Wright County, Minnesota.
And also that part of Section 32, Township 122, Range 25, Wright County, Minnesota, lying
southwesterly of the existing City or Monticello corporate limits.
And also that part of the Southwest quarter of the Southwest Quarter of Section 33, Township
122, Range 25, Wright County, Minnesota, lying southwesterly of the existing City of Monticello
corporate limits.
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EXHIBIT C
The OAA section map referenced in Paragraph I I of the attached Joint Resolution, showing the
sections of the OAA in the Township for purposes of expansion is attached hereto.
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