City Council Resolution 1998-07~ RESOLUTION 98-7
JOINT RESOLUTION OF THE CITY OF MONTICELLO
AND THE TOWNSHIP OF MONTICELLO AS TO THE
ORDERLY ANNEXATION OF PROPERTY
WHEREAS, the City of Monticello ("City") and the Township of Monticello
("Township") desire to enter into an agreement allowing for the orderly annexation of certain
property, pursuant to Minnesota Statute § 414.0325, Subdivision 1; and
WHEREAS, City and the 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 the 'Township desire to estabiish a joint plarrr~ing hoard to
administer planning, zoning and subdivision regulations within the Orderly Annexation Area;
and
WHEREAS, it is in the best interest of the City, the Township and their respective
residents to agree to an orderly annexation in furtherance of orderly growth and the protection
of the public health, safety and welfare; and
WHEREAS, the parties hereto desire to set forth the terms and conditions of such
orderly annexation by means of this Resolution;
NOW, THEREFORE, BE IT RESOLVED by the City of Monticello, Wright
County, Minnesota, and the Township of Monticello, Wright County, Minnesota, as follows:
The City and Township hereby modify the existing Orderly Annexation Area
("OAA") established by order of the Minnesota Municipal Board in file no. A-
2467(OA) to include those properties shown on the attached Exhibit A and legally
described on the attached E uhbi± B. P?1 prope_+-!-ies within the OA.A shall remair_ in
the Township until annexed to the City in accordance with the terms of this
agreement.
2. Pursuant to Minn. Stat. §414.0325, The City and Township hereby establish a Joint
Planning Board ("Planning Board") consisting of five members, two appointed by the
City, two appointed by the Township, and a fifth member appointed by the Wright
County Board. All appointments shall be for staggered two year terms, with one City
and one Township term expiring each year. The City and Township shall make their
respective initial appointments by April 1, 1998, and shall each initially appoint one
' Resolution 98-7
member for a one year term and one member for a two year term. The Planning
Board shall have exclusive planning, zoning and subdivision jurisdiction over all lands
in the OAA so long as said lands remain within the Township. Funding for the
Planning Board shall be split between the City and Township on the basis of their
assessed values. The Wright County Planning and Zoning Administrator shall act as
Planning and Zoning Administrator for the lands within the jurisdiction of the
Planning Board.
3. The Planning Board shall adopt a land use plan, and zoning and subdivision
ordinances within one year of the date of this agreement, and, as soon as practicable
shall place a moratorium on 1) subdivisions of less than 40 acres, 2) rezoning and
variance requests, and 3) conditional use requests with said moratoriums to be
terminated upon the adoption by the Planning Board of said land use plan, zoning and
subdivision ordinances. If the Planning Board fails to adopt a lard use plan within
one year of the date of this agreement, this agreement shall be null and void. The
existing land use plan, zoning and subdivision controls within the OAA shall remain
in force for a period of one year after the date of this agreement or until the adoption
of a new land use plan, zoning and subdivision controls, whichever occurs first.
During said one year period, but prior to the time a new land use plan is adopted,
annexations of land pursuant to this agreement may occur according to the terms of
this agreement, except that the requirement of paragraph 7(B) that the proposed use of
lands annexed be consistent with the Planning Board's land use plan shall apply only
to property shown on the City's Southwest Area Concept Plan until the Planning
Board adopts the new land use plan required by this paragraph, at which time all
property annexed must then be consistent with the new land use plan. The land use
plan will incorporate the City's Southwest Area Concept Plan attached as Exhibit C.
The Planning Board's zoning and subdivision ordinances may be modeled after the
City's own zoning and subdivision ordinances. The Planning Board ordinances shall
specify interim land uses and zoning classifications, and future land uses and zoning
classifications, the method of future land use authority transition within OAA, and the
method in which the subdivision process will occur within the OAA. The Planning
Board shall update the land use plan periodically. The Planning Board shall consider
amendments to the land use plan upon petition of a landowner under the Planning
Board's jurisdiction, upon request of the City or Township, or upon the Planning
Board's own initiative.
4. Properties within the OAA may be annexed only by request of all landowners of the
parcel to be annexed or upon request of the Township.
5. All annexed parcels must be contiguous to the City's border and consistent with the
land use plan adopted by the Planning Board. Property annexed prior to the adoption
2
Resolution 98-7
of the land use plan must be consistent with the Southwest Area Concept Plan, where
applicable. Contiguous shall mean that the properties have a common, overlapping
boundary of at least 66 feet. Said boundary shall be considered common if said
overlapping would otherwise touch along the length of said common area but for the
presence of an intervening roadway or railroad. Areas which the City serves with
sanitary sewer service pursuant to a Minnesota Pollution Control Agency ("MPCA")
order to serve said properties need not meet the definition of contiguous set out in this
paragraph.
6. At least 50% of each parcel of property annexed by the City must be served with
sanitary sewer service and municipal water service within three years of annexation to
the City. Wetlands which remain unfilled shall be excluded from said 50% service
requirement. If any annexed property is not so served within 3 years of the date of
annexation, no future annexations of any property from the Township to the City may
occur until said sanitary sewer service and municipal water service are extended to
50% of said annexed property. The restrictions of this paragraph shall not apply to
any property meeting any of the following conditions:
A. Extension of sanitary sewer service or municipal water service to a particular
parcel of property is rendered impossible due to a regulatory impossibility outside
of the City's control. (e.g. MPCA will not allow the annexed property to be
sewered within 3 yr. time period).
B. The cost of installing sanitary sewer or municipal water service exceeds 150% of
the City Engineer's good faith estimate of the cost of installing sanitary sewer
service and municipal water service to said property (being the same estimate as
that used for determining the amount of letter of credit or other surety required of
developer).
C. Cemeteries and parcels used primarily for water towers or wastewater treatment
plants.
D. Kjellberg's mobile home park (property PIDs #213100-154402 and 213100-
154401), provided it is first served with sanitary sewer service over 50% of the
property, in which case no municipal water service requirement shall apply.
7. All property annexed from the OAA shall be annexed only in accordance with the
procedures detailed in the pazagraph, unless the Township waives the requirements of
this paragraph via a separate joint resolution for the orderly annexation of a particular
parcel of property. The procedures below are listed in the chronological order in
which they must occur:
A. One hundred percent of the landowners of the parcel to be annexed shall first
submit an annexation petition to the City (said petition shall detail the intended use
3
Resolution 98-7
of the property once annexed to the City) along with the following documentation:
(i) If the proposed use of the land to be annexed requires a subdivision of the
land before development, the landowner shall submit to the City all data
required by the City's ordinance for the proper processing of a preliminary
plat requirements;
(ii) If the proposed use of the land does not require a subdivision of the land
before development, the landowner shall submit a site plan detailing the
proposed use of the land as developed.
B. The City shall forward this information to the Planning Board at least 10 days
prior to the Planning Board's next scheduled meeting. The Planning Board shall
make a finding directed to the City that the proposed use is consistent or not
consistent with the land use plan adopted by the Planning Board and that the
property to be annexed is contiguous or not contiguous with the City's borders
according to the definition of contiguous set out in paragraph 5 above. The
Planning Board shall make its finding and communicate that fording to the City
within 40 days of receipt of said information from the City. If the Planning Board
makes no finding within 40 days of receipt of said information from the City, then
the parties may proceed as if a finding had been made on the 40`h day and each
party may exercise their respective rights under paragraph 7(C), (D) and (E)
below. Property which the Planning Board has found to be not contiguous to the
City or has found its intended use to be inconsistent with the land use plan may
not be annexed by the City unless the Municipal Board specifically finds to the
contrary pursuant to paragraph 7(D) below.
C. After receiving the Planning Board's finding of consistency with the land use plan
and contiguity of the property to the City's border, the City may grant the
substantial equivalent of preliminary plat approval (or site plan approval if platting
of the property is not required for its intended use). The City shall then enter into
a development agreement with the landowner (or developer of the land), said
development agreement to require the development of the land in a manner
substantially similar to the proposed use presented to the Planning Board and
consistent with the land use plan adopted by the Planning Board. Said
development agreement shall require the developer to agree to install sanitary
sewer service and water service to the property to be annexed and require the
developer to put up a letter of credit or other security guaranteeing payment of the
costs of the installation of said sanitary sewer service and municipal water service.
The City must also find that the property is capable of being served with sanitary
sewer service and municipal water service by the City within a three year period,
4
Resolution 98-7
and the City must estimate the cost of the extension of such services.
D. If the City and the Township disagree on the consistency of any proposed
development with the Planning Board's land use plan, or if the City and Township
disagree on the contiguity of the land to be annexed with the then-existing City
boundaries, the parties shall submit these disputed issues to the Municipal Boazd
(or its successor agency) for a determination of whether said property proposed to
be annexed is consistent with the Planning Boazd's land use plan and/or is
contiguous with the then-existing City boundaries in accordance with the
definition set out in paragraph 5 above. Said appeal shall be made within 30 days
after the Planning Board makes its finding or fails to make a finding on either the
contiguous or consistency issues within the 40 day time period allowed in
paragraph 7(B) above.
E. Upon the completion of all requirements set out in subpazagraphs 7 (A), (B) and
(C) (or if the Municipal Board or its successor agency makes a determination that
the property to be annexed is consistent with the land use plan and contiguous with
the City's borders), the City may then annex, and the City and Township authorize
the Municipal Board to order the annexation of said property to the City. The City
may then grant final plat approval (or site plan approval, if appropriate) to the
property. If the proposed development is amulti-phased development which has
received the equivalent of preliminary plat approval under the terms of this
paragraph, future phases of the proposed development shall remain in the
Township until the installation of sanitary sewer service and municipal water
service to at least 50% of the particular phase to be annexed can be accomplished
within three years of the date of annexation.
8. This Orderly annexation agreement shall remain in force and binding upon the City
and Township for 10 years from the date of its execution by both parties. At the
beginning of the tenth year, the City and Township shall meet to discuss the renewal
and/or modification of this agreement. If at any time during this agreement, the City
has annexed 75% of the original vacant land within the OAA (as measured at the time
of the execution of this agreement) and all such annexed lands have been served with
sanitary sewer and municipal water in accordance with this agreement, the City and
Township shall have six months to renegotiate the terms of this agreement. If a new
or revised agreement is not adopted by the City and Township within said six month
period, this agreement shall terminate at the end of said six month period.
9. Land owned by the City and located immediately west of and abutting Minnesota
State Highway 25 (PID # 213100-154100) may be annexed by the City pursuant to
paragraph 7 above or upon installation of sanitary sewer service through at least 500
5
r ,.
Resolution 98-7
linear feet of said parcel in the event the City installs sanitary sewer service in said
parcel as a means of serving all or part of Kjellberg's mobile home pazk (PIDs
#213100-154402 and 213100-154401) with sanitary sewer.
10. The City will not annex, attempt to annex, or support the annexation of any land
outside of the OAA while this agreement is in force. In the event property from
outside the OAA is annexed to the City (either via the Municipal Board, its successor
agency or board, or any other agency with the authority to annex property) without
the written consent of the Township, the City agrees that it shall not provide sanitary
sewer service to such annexed properties during the term of this agreement. In the
event the City violates this provision of the agreement, the City shall pay the
Township all taxes collected from said lands annexed from outside the OAA without
the Township's written consent for the duration of this agreement.
1 1. Paragraphs 4, 5, 6, 7 and 10 shall not apply to land upon which the MPCA orders the
City to provide sanitary sewer service, provided the City provides sanitary sewer
service directly to said properties. Any such lands, whether inside or outside the
OAA, may be annexed by the City pursuant to any procedures allowed under then-
existing law, notwithstanding the terms contained in this agreement.
12. All Taxes payable in the year of annexation will go to the Township for all properties
annexed to the City. In addition, for all property annexed during the term of this
agreement (except the Kjellberg mobile home park, PIDs #213100-154402 and
213100-154401), the City shall, at the time of annexation, pay the Township taxes
equal to three times the amount of taxes due to the Township from the annexed
property during the yeaz of annexation. If the City annexes the Kjellberg mobile
home park during the term of this agreement, the City shall, at the time of annexation,
pay the Township three times the amount of taxes due to the Township solely from
the land and attached buildings (excluding the mobile homes) during the yeaz of
annexation. The City need not pay the Township any taxes generated by the mobile
homes or other personal property located in Kjellberg's mobile home pazk.
13. Upon approval by the respective governing bodies of the City and the Township, this joint
resolution and agreement shall confer jurisdiction upon the Minnesota Municipal Board
("Municipal Board") so as to accomplish the orderly annexation of the lands described in
the attached Exhibit A in accordance with the terms of this joint resolution and agreement.
14. Having designated the area described on Exhibit A as in need of orderly annexation, and
having provided for all of the conditions of its annexation within this document, the
parties to this agreement agree that no consideration by the Municipal Board is necessary.
6
Resolution 98-7
15. The City and the Township mutually state that no alteration by the Municipal Board to the
OAA boundaries as described on Exhibit A is appropriate or permitted.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO
THIS ~~~ DAY OF MARCH, 1998.
~' ~'c//~
Mayor
i dministrator ~' ~~ ~ ~ -~ ~ )
ADOPTED BY THE MONTICELLO TOWNSHIP BOARD THIS~~ DAY
OF MARCH, 1998.
airman
C erk
7
Resolution 98-7
WEST MONTICELLO
PART
T 121-122N-R25W.
MONTICELLO
Exhibit A -Monticello Orderly Annexation Area
MONT/CELLO TWP.-~
: ~ Resolution 98-7
Beginning at a point on the Mississippi that marks the intersection with the North-South centerline of Section
Thirty-two (32), Township 122 North, Range 25 West, Wright County, Minnesota; thence South on said line to the
northeasterly tight-of-way of Interstate Highway No. 94; thence northwesterly along said northeasterly right-of-
way of Interstate Highway No. 94 to the west tine of the East Nall of the Northeast Quarter of Section 31, said
Township 12Z, Range 25; thence southerly along said west line of the East Half of the Northeast Quarter of
Section 31 to the northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 31; thence
southerly along the west line of said Northeast Quarter of the Southeast Quarter of 5ecrion 31 to the southwest
comer of said Northeast Quarter of the Southeast Quarter of Section 31; thence east along the south line of said
Northeast Quarter of the Southeast Quarter of Section 3I to the northwest comer of the Southwest Quarter of
the Southwest Quarter of said Section 32; thence southerly along the west line of said Southwest Quarter of
Section 32 to the northwest comer of the South Half of the West Half of the Southwest Quarter of the Southwest
Quarter of said Section 32; thence westerly along the westerly extension of the north line of said South Half of
the Wesi l-laif of the Southwest Quarter- of the Southwest Quaver of Section 32 a distance of 82.85 feet; thence
southerly, parallel with the east line of the Southeast Quarter of the Southeast Quarter of said Section 31 a
distance of 264.30 feet; thence easterly, parallel with the south line of the South Half of the West Haif of the
Southwest Quarter of the Southwest Quarter of said Section 32 a distance of 130.85 feet; thence southerly a
distance of 40().10 feet to a point on the south line of the South Half of die West Half of the Southwest Quarter of
the Southwest Quarter of said Section 32 distant 56.00 feet east of the southwest corner thereof; thence easterly
along the south line of said Section 32 to the northwest comer of the East Half of the Northwest Quarter of
Section 5, said Township 121, Range 25; thence southerly along the west line of said East Half of the Northwest
Quarter of Section S to the southwest comer of said East Half of the Northwest Quarter of Section 5; thence
easterly along the south line of the Northwest Quarter of said Section 5 to the northwest comer of the East Half
of Northeast Quarter of Southwest Quarter of said Section 5; thence southerly along the west line of the East
Half of the Northeast Quarter of the Southwest Quarter and the west line of the East Half of the Southeast
Quarter of the Southwest Quarter of said Section 5 to the northwest corner of the East Half of the Northeast
Quarter of the Northwest Quarter of Section 8, said Township 121, Range 25; thence southerly along the west
line of said East Half of the Northeast Quarter of the Northwest Quarter of Section 8 to the southwest comer of
said East Half of the Northeast Quarter of the Northwest Quarter, thence easterly along the south line of said
Northeast Quarter of the Northwest Quarter of Section 8 to the southeast conger of said Northeast Qututer of the
Northwest Quarter of Section 8; thence East along County Road No. 39 to the Eastern boundary of section Nine
{9), Township 12l North, Range 25 West: thence southerly along the east line ofsaid Section 9 to the northeast
corner of the Southeast Quarter of the Southeast Quarter of said Section 9; thence westerly along the north line of
said Southeast Quarter of the Southeast Quarter of Section 9 to the northwest comer of said Southeast Quarter of
the Southeast Quarter of Section ~); thence southerly along the west line of said Southeast Quarter of the
Southeast Quarter of Section 9 to the north line of the Northeast Quarter of Section Ifi, said Township 121, Range
25: thence westerly along said nortJt line of t5~ Nocit:e:st Q:rarier of Section 16 to the northwest corner of said
Northeast Quarter of Section l fi; thence southerly along the west line of said Northeast Quarter and the west line
of the Southeast Quaver of said Section 16 to the centerline of 90s' Street N.E.; thence southwesterly and
southerly along said centerline of90'~ Street N.E. to the north line of the Northwest Quarter of Section 21, said
Township 121, Range 25; thence easterly along said north line of the Northwest Quarter of Section 21 to the
northwest comer of the Northeast Quarter of said Section 21; thence southerly along the west line of said
Northeast Quarter of Section 2 t to the southwest comer of said Northeast Quarter of Section 21; thence easterly
along the south line of said Northeast Quarter of Section 21 to the southwest corner of the Nonhwest Quarter of
Section 22, said Township 1 ~ E, Range 25; :hence East on the East-West centerline through Section Twenty-two
("'?), Twenty-three (23}, and Twenty-tour {24), all in Township -121 North, Range 25 West, and continuing East on
the same line through Section Nineteen (19}and 3/4 ofTwenty (20}, in Township l21 North, Range 24 West to
the Township road: thence North to the i~tississippi River, thence northwesterly along the course of'the
Mississippi River to the point of beginning, with the exception of the Village of lr[onticeilo as now platted.
Exhibit B-Legal Description
'_
___
-~--1 ~ ~
Low Density Residential ~ Industrial
Medium /High Density Residenti~ Public /Semi Public
Commercial ~ Future Street
MONTIC=LLO
~~'~ Exhibit C - southwest Area Concept Plan
OLSON, USSET & WEINGARDEN P.L.L.P.
ATTORNEYS AT LAW
PAUL A. WEINGARDEN*
DAVID J. USSET
THOMAS B. OLSON**
DENNIS E. DALEN
"MSBA CERTIFIED REAL PROPERTY SPECIALIST
"'MSBA CERTIFIED CIVIL TRIAL SPECIALIST
OUR FILE No. 7 9 7 5 (10 7)
Mr. Jeff O'Neill
City of Monticello
250 East Broadway
P.O. Box 1147
Monticello, MN 55372
SUITE 300
4500 PARK GLEN ROAD
MINNEAPOLIS, MN 55416
TELEPHONE (612)925-3644
FAX (612)925-5879
March 13, 1998
LEGAL ASSISTANTS
SHIIiLEE ALLEN
DEBRA BAKKE
KIM FORTIN
KELLY OLSON
BONNIE TRONNES
ROCKFORD OFFICE
TELEPHONE (612)477-5010
Re: Joint Resolution - Orderly Annexation of Property
Dear Jeff:
Per your request enclosed please find the Joint Resolution
regarding orderly annexation. I am forwarding a copy with original
signatures affixed.
Please feel free to call if you have any further questions.
Ve
De
DED:km
Enclosure