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City Council Minutes 03-17-1987 MI UTES SPECIAL MEETING - M NTICELLO CITY COUNCIL Tuesday, March 1 , 1987 - 9:00 p.m. I 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. I I 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 -1- I 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. I 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 I ~2- I 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 I I -3- I , I I 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. " 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 J u- <. ~~ /-~ ~~ .3 J 3 z --, ~ ~ I, '. 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'l'lll I I I I 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. co y I I . I 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, ~- ......, ....... J I I (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 .