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City Council Agenda Packet 05-09-2005 Special Annexation Council Members: Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf . AGENDA SPECIAL MEETING - MONTICELLO CITY COUNCIL WORKSHOP ANNEXATION AGREEMENT Monday April 9, 2005 6p.m. Mayor: Clint Herbst I. Call to Order 2. Discussion on proposed revisions to annexation agreement. 3. Adjourn . . . . . - Special Meeting Council Agenda - 5/9/05 2. WorkshOD to discuss DroDosed chanl!:es to joint resolution on annexation. (RW) A. REFERENCE AND BACKGROUND Rather than repeating most of the information again, I have enclosed my memo of April 2 I" that outlined some of the issues I had regarding proposed changes to the recently adopted joint resolution between the City and the Township. These are concerns I still have with making changes to the agreement at this time, and I believe these are also reflected in the memo prepared by Chris Hood, the City's legal counsel during these negotiations, dated April 19, 2005. As an additional reference, I have also enclosed the original joint resolution document and a copy of the proposed changes to the agreement. As a final reference, I have enclosed a copy of a map outlining the current city boundaries, the current orderly annexation boundary and identified the subdivisions being proposed to be eliminated from the resolution in regards to what areas are considered contiguous to the City. After discussing the proposed changes in more detail, the Council can decide whether some or all of the changes are warranted at this time. The Council could also discuss if other issues that may be beneficial to the City, such as allowing annexation of City owned parcels in the orderly annexation, should also be considered if any changes are made at all. B. AL TERNA TIVE ACTIONS: I. Approve the requested changes as proposed by the Joint Planning Board. 2. Do not approve any changes at this time. 3. Authorize specific modifications that mayor may not have been listed in the proposed changes. C. STAFF RECOMMENDATION D. As noted earlier, it is the recommendation of the City Administrator and legal counsel, Chris Hood, that there does not seem to be any need for amending the agreement at this time. With the agreement only six months old, the City is not aware of any problems that have been a concern with this negotiated agreement and can find no reason why we should entertain changes. SUPPORTING DATA Memo of April 21, 2005 Memo from Chris Hood Joint Resolution Proposed changes Map .- I( 'J ) , tE1d . . MEMO MONTICELLO TO: Mayor and Council N / Rick Wolfsteller, City Administratdr_j/ April 21, 2005 FROM: DATE: RE: Proposed Annexation Agreement Amendments - Workshop Session Miscellaneous Updates Recommendations from Legal Counsel on Proposed Annexation Agreement Amendments: At the previous Council meeting, a decision was made to table any action on proposed amendments to the joint resolution regarding annexation pending review and comments from the City Attorney, Chris Hood, who was involved in the negotiation process. I obtained a copy of the proposed changes to the agreement from County Zoning Administrator, Tom Salkowski and forwarded the proposed changes to Chris Hood for his review and comment. Attached to this memo you will find comments he has made regarding the proposed changes which generally indicate that it seems unusual that changes would be proposed at this time frame since we are only ten months into a fifteen year agreement. From a staff sampling, we are not aware of any problems this recently agreed upon agreement has had regarding annexation issues and are at a loss as to why the City would want to entertain any changes at this time. From my review, and I also believe from Mr. Hood's review, the proposed changes seem to be issues that the Township representatives want to see changed for the To"mship's benefit and none of them really are helping the City or add any new issues the City would have liked to have had in the original agreement. While some of the proposed changes may not appear to be major changes, there are a couple issues relating to elimination of existing subdivisions from being considered as contiguous property for City's future annexations and changing methods of arbitration that may be detrimental to the City's plans in the future. One thing the Council should remember is that there were a lot of issues discussed and negotiated during the six month process with the Township and it may be beneficial for all of the Councilmembers to sit down in a workshop to review the items that the City had given up on during the negotiations to get the agreement we now have. One that comes to mind relates to the City agreeing to let all the existing platted subdivisions remain in the Township for the next ten years as long as they were not held against us for considering future annexations. Eliminating those subdivisions from being considered contiguous to the City limits will likely cause problems in the future with the City expanding as originally planned. One item that should be noted was that we gave up on allowing annexations of City owned property even if they weren't adjacent to the City limits in return for some of these points in the new agreement. Since it appears that all of the __-E~oposed c.bang"~..\yiU.))~~ef1..t~eJ:.Q\\!~".biP_E!:lt!1q.thanJ..h..e_~i!r,Jhe Cit~ld look at prDJ:>osin~__.__ Monticello City HalL 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 . (763) 295-2711 . Fax: (763) 295-4404 Office of Public \'-/orks, 909 Golf Course Rd., Monticello, M:r\ 55362 . (763) 295-3170. Fax: (63) 271-3272 Regardless as to how the full Council wants to vote on any amendments, I think it would still be beneficial for the Councilmembers to hold a workshop to discuss the proposed changes in more detail and to get an understanding of how we arrived at the agreement we have. While I recognize that everybody wants to mend the relationship with the Township, I also assume the Township would like to mend their relationship with the City and should also be willing to consider changes that we want to institute, if that is the route we are going to take. It may be hard to take the time to address some of these issues as part of the Council agenda and I would suggest that a workshop session be scheduled by the Council to discuss the agreement. . additional amendments to the agreement that might have some benefit to the City in the future, such as allowing annexations of City owned property regardless of whether they are contiguous to the present boundaries. On a final note, if the proposed changes recommended by the Township and the Joint Planning Board are not a big deal, then it also shouldn't be a big deal if we leave the agreement just the way it was originally negotiated. If the changes don't mean anything, there isn't any real need to make the changes. If down the road a few years there are certain issues that are not working well within the agreement, that may be the more appropriate time to make some changes, but as [ noted earlier, the ink is hardly dry on the original agreement that took six months to negotiate and [ believe it is premature to even consider changes at this time without any additional background to support the proposal. . Attachments: Original Agreement Proposed Revised Agreement Memo from Chris Hood, Legal Counsel List of Concession made by the City . ~ "'-13-2005 'ED 03'46 'M "IGNT GTV PL'''ING/ZONE FAX NO, 7636827872 p, 01 \'~ ~ 0 II" , ..y (J;> ~. - ~ _ .pLht.Clll' A-6979 Monticello/Monticello Township STATE OF MIN/I.'ESOT A DEPARTMENT OF ADMINISTRATION --------------...----------------..-------------------------------- IN THE MATTER OF THE PETITION FOR THE ANNEXATION OF CERTAIN LAND ) ) JOINT RESOLUTION TO THE CITY OF MONTICELLO PURSUANT ) TO MTh.'NESOTA STAnITES, SECTION 414.031) ----..----....-------..--------- ----------...----------------- JOINT RESOLUTION FOR ORDERLY ANNEXA nON BY AND BETWEEN MONTICFT r 0 TOWNSHIP AND THE CITY OF MONTICELLO IN SETTT FMENT OF MlNNESOT A DEPARTME1'IT OF ADMINISTRATION Fll..E NO. A-6979 MONTJr.m I.O/MONTTCELLO TOWNSHIP . Wl:lEREAS, the City of Monticello fiLed an annexation petition, dated October 13, 2003, with the Minnesota Department of Administration MWlicipal Boundary Adjustments Office (File No. A-6979 Monticello/Montieello Township) seeking annexation of certain areas located within Monticello Townshrp pursuant to Minnesota Statutes, Section 414.031; and WHEREAS, Montieello Township and the City ofMontieello have been working toward settlement of their boWldary 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 elCtension 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 9v~~ ht~o.~-if ::: ~O t~(jJ\(VS / ~&&J. ~t('~ - '6o~D APR-13-2005 WED 03:47 PM WRIGHT CTY PLANNING/ZONE FAX NO. 7636827872 P. 02 . WHEREAS, for the areas designated herein, the City and the Township desire to accomplish the orderly annexation ofsaid 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. DescriDtion of Area Desisnated for Orderlv 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 Tnl!l!ennl! 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 2nd Addition, as said subdivisions are recorded in the Wright County Recorders Office 00 the effective date of this Joint Resolution) for a period often 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; 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. 2 APR-!3-2005 WED 03:47 PM WRIGHT CTY PLANNING/ZONE FAX NO. 7636827872 P. 03 . 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, rigbt-of- way, or easements are needed for a public works improvement project designed to provide sanitary sewer pumping and conveyance facilities, water supply, water storage or water conveyance facilities, stonnwater retention, stormwater detention or stonnwater 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 wlIl:er 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 st8l:e drinking water standards; or h. The City and Township otherwise jointly agree in writing. For purposes of this Joint Resolutiollland 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 Ill: a single point, including areas whose boundaries would touch the City boundary at a single point but for an intervening roadway, railroad, waterway, parcel of publicly owned land. , <>1' an e",i.stin; flamed SUOOiVfSioH-i-n tf1<l 0'\:\ r"Hmmcedin J'ara;;raph 2J),-above-~ G'f~,elle. tAe j:;JI-I-l'MlS, Glefld-a-J.e,-M~~Acres, P~,Rileres-a:;44air~e.^cres~(*K~~anchelle, RWeFS:<ie. Aeres, l~yler Eas-t;-WC~~f)lk .andWa-Iessh 2""-AEklition. ai.'-s-:\id "M6eivi~)il>n" .",...-r.;Cocurded i n \he-'W<"'~-'~\-l~flt'Y RecOlders..(H'fK:-<HIH.-t.he-ef[eci i ve-<:l/.*'-<'l!i4R.i-s-kJ-i nt Re$(;>lt1f-iei+ . a. The JPB shall be made up oftwo members appointed by the Township Board, two members appointed by the City Council, and one member of the Wrignt County Board appointed by the Wright County Board of Commissionen, 3 3. ZoninS!: and Planning. 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: APR-13-2005 WED 03:47 PH WRIGHT CTY PLANNING/ZONE FAX NO. 7636827872 p, 04 . .Ioifttly 1:>)' IRe-Cily-Getifl6iJ-,Hid TEl\o\~oiird.,....~ft!i" CilyanG.~~.ip i7<"til-Ref-agree 0;\ tFle (eunty. cOfltmts-s-i_.nlemi:ler ro ~;eFve OA-t~e J1)I~...lhe G*y-and1-e,,'il5"i~ .;Ra,H tllterllately !;trike'~'Fli:leF_1 ~:erviflg ell IAe COlinly BOafd-..f\t~y()ne G,-~C~'lry...:g.,aFd m<:ffiBer roffil\ins:".+fle-.t'effiilining (~:~,,*.y BearaRlamher -nat striakeR SHall be tl1e l11emberappei Ilted t(.;.serV8 611 the JPS, 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 an 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 admini~n of the JPB shall be paid equally by the City and Township. An("~~ulie..@J)aid to members serving on the JPB or retaining consultants to provide serviceSIo---... the JPB shall be approved and equally paid by the A~el'flbeFS.: .respel..~ .. -t "-'5 govefl\'j~ city and township. ,.s Corre.c....f / d. The JPB will set the schedules for necessary zoning and planning fees in the . OAA. The fees shall be consistent with the fee strocture used by Wright . County, unless otherwise determined by the JPB. e. Except as otherwise provided, any action of the IPB 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 ofthe 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 rC<l:oning decision. The City or Township 4 APR-13-2005 WED 03:48 PM WRIGHT Cry PLANNING/ZONE FAX NO. 7636827872 P. 05 . 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-p1at, subdivide, or re-subdivide within the OAA between the time of development of this Joint Resolution and the effective date of this Joint Resolution, unless otherwise agreed to in writing by the City. For the purposes of this parllb'Taph, "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 Ioint Resolution shall otherwise remain in full force and effect and binding upon the parties hereto. . Each member serving on the JPH shall serve a period of one year ending December 31 Members .sft,d I sar\' ~ aHhe.dmrelien of their I'es~~ ~g.blldles-alla l1'1elR!lef".may be reFAevedal atl)' tilm~ llfil1r-lO.the e><j:}~~,*;()!: or lheiHeH-'f'f;-'>Fal!emati veJ.:.~ A term on the JPH may be extended, by action ofa member's respective governing body_ Not..\1IA;;tanding-tfte 1~'e'"z.oiRg. tlle'coLlHly-e_lffiissien~r-m~mber scrving-t'tHh~ JP-B-fffltat+15 :'f~"(;)t,l,() .Parag-~a. ofth':'f.Joint .RCS6111t.i~ J. The JPB shall meet monthly or as needed as determined by the JPB members k "r~itmt.i,m-_ Natwirhst.~""lar-agl'a~--*linl Reso-ltlfje~, IRe City-OF 'M-l-Wll-Ship aggl'ieved by a. aecisio!l-OC,.lle--:l+lB l1'la:l Fe$ure Iha'-il Cte{('.m,iR-atiol1 oflRe lPFi, <-tF--any.aclien 51" ina.eti(;Hr&y.~.he..J.pll iAe6A3i:jt~nt with or-olhor\vis(; ;,,-".~-a'.~'-m or Ihi,,_f'af""5"~~..,t<bil\itled-,,-~~+,g-<.r-biH'aliol\-- . ::rhe-ag;,rieved pa~lail cOfli.aelll1e l\lIrea\i-"fMediali<:>~"aiislo-F li~al+Aed arhilraL{)r-s-atJEi-t~y-and Towl1Shii" s~lhiB'lel1-(+0-l "Jays a1' re"~;~H-lrsaidIiSI;.-ajt-eI'fl(tj;(,~ffike.fromlhe-j-tst lIAtil only--a-single itl..e+fl'fllor.rema;'1\5,--+l1e Cily ai*i-_T<)wnshij3-ffi.~areiyci()i"lly-agrcc1O "" arbilfarer. The City aRd-:f-(-)wnshijrsllall ee the parlies 10-m~arllitFari(ln related K~-;;i,_-Grthe JP-O,--i:f>.e. JI'I! it.;df!;hall nGHI€t-~a~-l<lthe j'lfo;;eeJi-ng, Theseleet-e€l-[treitrall'>F-4a-lHlOlcl-a Rear,"c. 0" tAe--f11atter wifl'lifl-6l-l d'~"i"cti<,)n and is-Sl!th,.-bi~6>-tk.-ci,;iofl-.rega[<htl.b'''''''''+~Hil-e I'\'ltIt1-iFefHents of P.,tf~f'l11 ~ Il~ell'lHe~ willlin 30 dtl'y':HlHhe hearil'Igc Failttfe ofeith~a~l-pa,rticipalc in the arbit-nffi-)F-selecLielt~css sRall resttl-t~yM-t~iflati!lg: party-s"fe€:iA-=. tRe-<;H'~'lit,-ltLor. Fai'!iJfO oftl1<.~-V'Hi' +(-)\"nship to-.~1tr at. iif6ilratit>ft.;;hall fcstJll iR clefa\ilt. judg+l1ent IOHhe f.1arty 5 APR-13-2005 WED 03:48 PM WRIGHT CTY PLANNING/ZONE FAX NO. 7838827872 p, 08 . lll'peafillt; TAe ()(ISI of:Ae arlli~HltOl'Sft~b()rne-ettttally by-the Ci-l:~ Tow~ 4. Menter. Notwith~tanding the foregoing, the City and Township shall combine in their entirety under the following circumstances: I) at such time as the Township and the City adopt ajoint 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 an.llexation 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. Adopt 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 located 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 year following the year when the City could first levy on the annexed area and for any subsequent years. 7. 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 OAAremaining 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 lUltil said properties are annexed by the City and are platted and developed. 6 APR-13-2005 WED 03:49 PM WRIGHT CTY PLANNING/ZONE FAX NO, 7636827872 p, 07 . A failure on the part oftbe 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. Every Annexation Resolution adopted under Paragraph 13 of this Joint Resolution resulting in the annexation ofland 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 fOf open space or park preservation. the requirements contained in this Paragraph do not apply to said annexation 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. Townshin 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 7 APR~)3-2005 WED 03:49 PM WRIGHT CTY PLANNING/ZONE FAX NO, 7636827872 P. 08 . within the designated OM by the Township shall be consistent with other standard maintenance practices employed by the Township elsewhere in the Township. 9. Line Roads. For any Township roads that become the boundary line tor 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 OM or the remainder of the Township outside the OAA during the term of this loint Resolution, provided that the Township does not seek to incorporate during the term of this loint Resolution. 11. Expansion ofOAA. 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 shali 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. Tn 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. The City shall notify the Township in the event that any ofthe 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 ofJanuary 1 of each year that ends in a multiple of three (3) (ie: %006,2009,2012...), with the Depanment 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 . 8 APR-13-2005 WED 03:49 PM WRIGHT CTY PLANNING/ZONE FAX NO. 7636827872 P. 09 . . 13. No HeMin!! Reauirel!. 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 ofa resolution of the City (referred to as the "Annexation Resolution") 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 tenns and conditions of this Joint Resolution. The City and Township agree that no alteration of the stated boundaries as described in the Annexation R.esolution 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 loint 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 R.esolution, 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. Nee:otiation. 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 UIUlble to negotiate an interpretation ofany provision ofthis Joint Resolution, the parties may mutually agree in writing to seek reJiefby 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. 9 APR-13-2005 WED 03:50 PM WRIGHT CTY PLANNING/ZONE FAX NO. 7636827872 P. 10 . 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, 202[' 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. City Administrator Monticello City Hall 505 Walnut Street, Suite I Monticello, MN 55362-8831 Township Clerk Monticello Township 8550 Edmonson Ave., NE Monticello, MN 55362 . 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. Severabilitv. In the event thaI 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 shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties hereto. 19. Headings and CaDtions. Headings and captions are for convenience only and are not intended to alter any of the provisions of this Joint Resolution. 20. Entire Agreement. The tenns, 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: lfto.the City: If to the Township: 10 APR-13-2005 WED 03:50 PM WRIGHT CTY PLANNING/ZONE FAX NO. 7636627672 P. 11 . Passed, adopted, and approved by the Township Board of Supervisors of the Township of Monticello, Wright County, Minnesota. this day of March, 2005. TOWNSHIP OF MONTICELLO By: Franklin Denn, Chair ATTEST: Nancy Kopff, Township Clerk . Passed, adopted, and approved by the City Council of the City of Monticello, Wright County, Minnesota, this _ day of March, 2005. CITY OF MONTICELLO By: Clint Herbst, Mayor ATTEST: Rick Wolfsteller, City Administrator . 11 APR-13-2005 WED 03:50 PM WRIGHT OTY PLANNING/ZONE FAX NO. 7636827872 Passed, adopted. and approved by the Wright County Board of Commissioners, Wright County, Minnesota, this _ da.y of March, 2005. WRlGHTCOUNTY By: Richard Mattson, Chair ATTEST: Richard W. Norman, County Coordinator 12 P. 12 . . . APR-13-2005 WED 03:50 PM WRIGHT CTY PLANNING/ZONE FAX NO. 7636827872 P. 13 . EXHIBIT A The municipal boundary map referenced in Paragraph I of the attached Joint Resolution showing the current City of Monticello and the OAA legally described in Exhibit B, is attached hereto, . . 13 APR-13-2005 WED 03:51 PM WRIGHT CTY PLANNING/ZONE FAX NO. 7636827872 EXHIBIT B The OAA shown in Exhibit A and referenced in the attached Joint Resolution is legally described as fol1ows: p, 14 . . . APR~13-:2005_WED _ 03 ~51 PM WRIGHT CTY PLANNINGIZONE FAX NO, 7636827872 p, 15 . EXHIBIT C The QAA section map referenced in Paragraph 11 of the attached Joint Resolution, showing the sections of the QAA in the Township for purposes of expansion is attached hereto, . . 15 FLAHERTY & HOOD . Professional Association MEMORANDUM To: Mayor Clint Herbst and City Council From: Christopher M. Hood Date: April 19, 2005 Re: Proposed Changes to Joint Resolution Between the City of Monticello and Monticello Township, Dated June 21, 2004 OA 1061 Monticello/Monticello Township As directed by the City Council, the following is a brief memorandum addressing proposed language changes to the Joint Resolution for Orderly Annexation by and between Monticello Township (hereafter the "Township") and the City of Monticello (hereafter the "City"), dated . June 21, 2004 (hereafter the "June 21 Joint Resolution" or "Agreement"). Background Before addressing the substance of the specific proposed language changes to the June 21 Joint Resolution, some background may be helpful for the City Council in setting the context in which the proposed language changes should now be considered. It should be noted at the outset that the June 21 Joint Resolution was the result oflengthy, good faith negotiations (approximately nine months of negotiations) between the City and Township, which on June 21, 2004 resulted in the adoption of the present Agreement. To reach this agreement required both parties to consider the best interests of their citizens, taxes, cost- effective and efficient service provision, protection of the environment, growth and urbanization, and other issues. To reach agreement compromise was essential. In the end, both parties made a significant compromise and agreed to settle the dispute in the best interests oflong-term planning, orderly growth, and service provision. . The City, however, had to give up much of what it wanted to reach settlement. This included the City agreeing to Township requirements such as no immediate annexations, annexations that had to be primarily by property-owner petition, annexations that had to be contiguous to the City, and that the City had to provide sewer or water service to an annexed area within a specific period of time following an annexation or the property could be detached back to the Township. These Township negotiated terms were significant concessions by the City as part of the negotiating process and were agreed to in order to reach agreement on some other issues important to the City, some of which are now being proposed for change. 525 Park Street. Suite 470 . St. Paul, MN 55103 . (651) 225-8840 . Fax (651) 225-9088 . Mayor Clint Herbst and City Council April 19, 2005 Page 2 Proposed Language Changes to June 21 Joint Resolution Given the above background and compromise aspect ofthe June 21 Joint Resolution and the fact that this Agreement was a settlement of a contested annexation dispute between the parties, barring some minor or technical changes to the Agreement, my general reaction upon hearing that language changes were being proposed was that it was too early (the Agreement has only been in place for about 10 months) into the process to consider such changes as the process has not been given a chance to work. It would seem that any needed changes with the process have yet to be determined and are not warranted at this time, unless one or both parties to the Agreement can demonstrate some significant need for or demonstrated problem with the Agreement or process that would justify now making a change to the Agreement. Based on my review, to date, I am not aware of any such demonstrated problem with the Agreement or the process for annexation contained therein. Based on the above background and my initial comment, I have the following specific comments and recommendations with respect to each of the language changes now being proposed for the June 21 Joint Resolution: . 1. Contil!:uitv - Paral!:raoh 2. It would appear that the first language change being proposed is found in the last paragraph of Paragraph 2 of the June 21 Joint Resolution. Paragraph 2 specifically contains the triggering events for annexation and requires that under most circumstances the City receive a property-owner petition for annexation of a parcel that is contiguous to existing City limits prior to annexation thereo f. This contiguity requirement was a hard fought item by the Township in the 2004 negotiations that lead up to the Agreement. The City originally wanted to be able to annex non-contiguous areas. The idea was that once an area was designated for orderly annexation, any area within the designated zone could petition for annexation, as it was presumed that the orderly annexation area will eventually become annexed and provided services. The City had already agreed to provide services in a specific period of time following an annexation. Therefore, the service requirement gave the Township a significant protection limiting the City's ability to annex. . This contiguity issue is significant from the standpoint that developers may not be able to locate land directly contiguous to the City and therefore it would make sense to allow non-contiguous annexations provided the City was willing to extend services in the time frame required under the Agreement. During negotiations, and in order to settle the contested annexation proceeding, however, the City gave in on this contiguity requirement provided that the Township also agreed that existing urbanized Township subdivisions, as currently named and listed in the Agreement, would not serve to block future annexations or the City's growth. The Township agreed to this significant compromise by the City. 2 3 . Mayor Clint Herbst and City Council April 19, 2005 Page 3 The language change now being proposed to Paragraph 2, to delete the references to the existing Township subdivisions, is a material change to the Agreement and is a substantial departure from the compromise agreed to by both the City and Township on the contiguity issue. The current language as agreed to in the June 21 Joint Resolution is an important protection for the City so that the Township will not allow additional urban developments on septic systems and wells without connection to nearby City services. It was a concession that the City and Township made in exchange for the City giving up non-contiguous annexations and the proposed change will undo this compromise potentially acting as a block to future City annexations, orderly development and cost-effective and efficient delivery of services. Removing this language from the Agreement now will undermine the overall integrity of the Agreement by striking a material provision and needed protection for the City to prevent unserviced urban development outside the City. For the above reasons, I recommend that the City Council reject the proposed language change to Paragraph 2 ofthe Agreement. . 2. JPB Member Selection - Paral!:raDh 3.a. The next proposed change to the June 21 Joint Resolution is to Paragraph 3.a. The proposal is to remove the method for choosing a county commissioner to serve on the Joint Planning Board (hereafter the "JPB") in the event that the City and Township are unable to jointly agree to select a commissioner. The proposed change would allow the Wright County Board to make the appointment itself. Again, the current language in the Agreement was the result of significant negotiations and compromise. The June 21 Joint Resolution now allows both parties the opportunity to try to jointly select a county commissioner whom they believe will be the most impartial. As the county commissioner oftentimes will be the tie breaking vote in the event of a dispute, it is important that the county commissioner selected be viewed as impartial by both parties in order to maintain a fair process. Thus, the existing language in the Agreement, in the event the parties are unable to jointly select a commissioner, allows each party to strike a county commissioner until only one commissioner remains. The remaining commissioner is then appointed to the JPB. I believe that the existing language is the fairest process for selecting a county commissioner to serve on the JPB. As a result, I recommend that that the City Council reject the proposed language change to Paragraph 3.a. of the Agreement. . 3. Sharinl!: of JPB Consultant Fees - Paral!:raDh 3.c. Paragraph 3.c. of the June 21 Joint Resolution currently provides for sharing JPB consultant fees between the parties. I do not believe the intention was to include the County in this fee sharing arrangement. Thus, the proposed language change would present a non-material . Mayor Clint Herbst and City Council April 19, 2005 Page 4 . 5. . clarification. I recommend making the proposed change to Paragraph 3.c. in a simple letter of understanding between the City and Township. 4. Citv and Township JPB Appointment Authoritv - Parae:raph 3.i. The next proposed change is to Paragraph 3.i. ofthe June 21 Joint Resolution. The proposed change is to remove the respective City and Township governing body's discretion to remove a member of the JPB at any time. The members serving on the JPB represent their respective governing bodies. They serve at the discretion of their governing bodies. Thus, they are subordinate to and are selected to express the views of their governing bodies. Both governing bodies should have the authority and discretion to remove a member and appoint a new member if the circumstances warrant such action. There could be a variety of reasons for such action over the 15 years this Agreement will be in place including where an existing member no longer has time to serve on the JPB, an existing member is going through an illness, or where an existing member has family obligations that are interfering with his or her membership at JPB meetings. There are a variety of other reasons. As I am not aware of any demonstrated need for this change, nor am I aware of any problem with the current language or process, I recommend that that the City Council reject the proposed language change to Paragraph 3.i. of the Agreement. JPB Arbitration Process - Parae:raph 3.k. The next proposed change is to Paragraph 3.k. of the June 21 Joint Resolution, which relates to the arbitration process for the JPB. The current Agreement provides for a specific, cost-effective arbitration process in the event that there is a dispute related to a decision made by the JPB or if the JPB has acted contrary to its authority under the Agreement. There is also a dispute resolution clause in Paragraph 14 of the present Agreement, which would allow arbitration if the parties agreed, however, if the parties do not agree, the dispute would have to go through some sort of District Court trial process, which could be lengthy, divisive and expensive. One of the reasons for entering into the June 2 I Joint Resolution in the first place was to establish a defined process for annexation. This process was a compromise and was agreed to avoid future litigation. Thus, it seems contrary to the intent of the agreement to remove a simple dispute resolution process in favor of a protracted litigation process to resolve a dispute on the JPB. Based on this, it is my beliefthat the least divisive and most cost-effective means of addressing a dispute related to a JPB decision is through arbitration. I believe that the arbitration process as presented in Paragraph 3.k. is fair, equitable and efficient. Finally, as there again has not been any demonstrated need or specifically identified problem with the process now contained in Paragraph 3.k., I recommend that that the 4 5 . Mayor Clint Herbst and City Council April 19, 2005 Page 5 City Council reject the proposed language change to Paragraph 3.k. of the Agreement. 6. OAA Modification Process - ParaeraDh 11. The next language change proposed is to Paragraph 11 of the June 21 Joint Resolution, which relates to expansion of the Orderly Annexation Area (the "OAA"), as designated in the Agreement. Paragraph II currently operates such that in the event that 75% of an orderly annexation zone as contained in Exhibit C has been annexed, the area shall be expanded. The current Agreement provides that in such event, the City may file an adjustment to the OAA every year. The proposed language change seeks to change the current process by only allowing the City to make such adjustment to the OAA every three years. Additionally, the language is being changed to be permissive such that the five defined OAA sections may but need not be expanded even where the conditions for expansion have been met. . Based on my review of the proposed language, I do not see any demonstrated need or problem that has been identified for making this change in the process. Again this was a negotiated term agreed to by both parties. Certainly, the current language may become operative at some point in the relatively distant future. In the event that any language in the current Agreement becomes problematic, the parties have the right to meet and discuss amendments to the agreement at that time. Again, as there has not been any demonstrated need or specifically identified problem with the process now contained in Paragraph 11, I recommend that that the City Council reject the proposed language change to Paragraph II of the Agreement. 7. Termination - ParaeraDh 15. The final proposed language change to the Agreement is proposed to Paragraph 15 of the June 21 Joint Resolution, which relates to termination of the Agreement. The proposed change would lengthen the term of the Agreement from the current expiration date of January 1, 2020 to the proposed termination date of January 1,2025. The current expiration date is approximately 15 years from now. There certainly is the possibility that circumstances may change over the next 15 years. In the event that the City and Township believe that this Agreement has worked well over the next 15 years, the City and Township in their discretion can at that time extend the length of the Agreement, but it makes more sense to see how the Agreement will work over the next five or more years before considering major changes. . I recommend that that the City Council reject the proposed language change to Paragraph 15 of the Agreement. . Mayor Clint Herbst and City Council April 19, 2005 Page 6 Agreement Amendment Process Two additional issues are worth noting here at this time for the City Council's consideration prior to concluding this discussion: First, in the event that the Coty and Township do decide to make changes to the June 21 Joint Resolution either now or in the future, Paragraph 17 of the Joint Resolution requires that no modification or amendment may be made unless it is made by the joint resolution of the City and Township duly executed by the respective City Council and Township Board and filed with the Department of Administration (now the Office of Administrative Hearings). Second, it should also be noted that the Joint Planning Board (JPB) designated in the Agreement has zoning and planning authority only. The charge of the JPB is not to consider, recommend or seek changes to the June 21 Joint Resolution. Such authority is reserved in the Township Board and City Council exclusively and it has not otherwise been delegated to the JPS in the June 21 Joint Resolution. Thus, the JPB should specifically reserve its review of issues to zoning and planning issues as the JPS has no authority other than on zoning and planning issues. . Conclusion I believe that the June 21 Joint Resolution in its existing form is sound and that the language changes that have been proposed will materially and negatively affect the integrity of the Agreement's other terms and conditions and the good faith compromise reached between the City and Township resulting in the Agreement. I do not believe that a problem exists with the current Agreement or process for annexation contained therein, with the exception related to sharing of consultant costs noted above. As a result, I do not recommend making any changes to the Agreement at this time other than for the parties to adopt a Letter of Understanding that consultant costs for the JPS will be shared equally by the City and Township and that Wright County will not be responsible for such costs unless otherwise agreed to by Wright County. Should you have any questions or require additional information, please contact me at (651) 225- 8840. CMH/sc cc: Rick Wolfsteller Jeff O'Neill . 6 1 . Concessions made by City of Monticello in Developing the Current June 21, 2004 Joint Resolution for Orderly Annexation Between the City of Monticello and Monticello Township The City gave up a considerable amount to reach a settlement Agreement with the Township. The City agreed through lengthy negotiations leading up to the adoption of the June 21, 2004 Orderly Annexation Agreement between the City and Township to the following cumulative changes as sought by the Township: 1. Eliminated non-contiguous annexations except as necessary to resolve pollution problems; 2. Eliminated the municipally owned condition for annexation; . 3. Provided for no service charges for trunk lines extended across and abutting township properties until annexed, platted and developed; 4. Eliminated the prohibition on urban, non-farm development in areas outside the orderly annexation area; 5. Provided for a zoning freeze as proposed by the Township; 6. Provided for a Joint Planning Board in the form the Township proposed; 7. Simplified the processes as stated in the Agreement as sought by the Township; 8. Included the Township's proposed entire list of existing subdivisions as not being subject to annexation; 9. Defined contiguous or abutting as requested by the Township; 1 O.Simplified the arbitration procedure as proposed by the Township; . II.Provided for new City Council elections in the event of a merger of the City and Township and included the Township's proposed process for merger; . I 2. Eliminated the merger date as requested by the Township. 13.Increased the tax reimbursement to the Township to four times the Township's tax rate at the time of annexation; 14.Provided that sewer or water service must be provided to an annexed area within three years of annexation for residential development instead of the City's proposed five years; IS.Provided that the Township may elect to be reimbursed at the Township's tax rate if the City does not provide services as required to an annexed area or the Township can alternatively initiate the detachment of an area annexed but not served by the City; 16.Provided the City will not oppose a detachment proceeding initiated by the Township if the City does not provide sewer or water service in accordance with the time requirements contained in the Agreement; . 17.Changed the condition for sewer or water provision to be based on awarding a contract for construction of a project as sought by the Township; IS.Provided that the City cannot annex outside the agreed upon orderly annexation area (OAA) as required by the Township; 2 I 9. Provided the OAA can expand only when 7S% of a defined section of the OAA has been annexed and allows the City and Township to otherwise agree to an alternate area expanded as sought by the Township; 20.Properties within the designated OAA boundary are not required to annex; 21.Eliminated the future reserve zone as sought by the Township; and . 22.Eliminated the reference to future legislative activity and its impact on the Agreement as sought by the Township. . . . A-6979 Monticello/Monticello Township STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND ) TO THE CITY OF MONTICELLO PURSUANT ) TO MINNESOTA STATUTES, SECTION 414.031) JOINT RESOLUTION JOINT RESOLUTION FOR ORDERLY ANNEXATION BY AND BETWEEN MONTICELLO TOWNSHIP AND THE CITY OF MONTICELLO IN SETTLEMENT OF MINNESOTA DEPARTMENT OF ADMINISTRATION FILE NO. A-6979 MONTICELLOIMONTICELLO 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: . I. Description of Area Designated for Orderlv 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 2nd Addition, as said subdivisions are recorded in the Wright County Recorders Office on the effective date of this Joint Resolution) for a period often years following the effective date ofthis 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 ofthe public health and safety and/or because of immediate environmental concerns; 2 . 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 project 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 proj ect 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 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, parcel of publicly owned land, or an existing named subdivision in the OAA referenced in Paragraph 2.b. above ((Devon Greene, the Dunes, Glendale, Monticello Acres, Ponderosa, Prairie Acres, O.K. Coral Ranchette, Riverside Acres, Tyler East, Walesch Addition, and Walesch 2nd Addition, as said subdivisions are recorded in the Wright County Recorders Office on the effective date of this Joint Resolution). . 3. Zoning and Planning. For any areas of the Township in the OAA that are not aunexed 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: 3 . 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 jointly by the City Council and Township Board. If the City and Township cannot agree on the County commissioner member to serve on the JPB, the City and Township shall alternately strike members serving on the County Board until only one County Board member remains. The remaining County Board member not stricken shall be the member appointed to serve on the JPB. 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 members' respective governing bodies. 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 ofthe 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 ajoint land use plan for the OAA. Ifajoint 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 4 The JPB shall not approve a subdivision within the OAA unless first approved by a supermajority vote (4 out of5 members) ofthe 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 ofthis 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. . supermajority vote (4 out of5 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. . 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. 1. Each member serving on the JPB shall serve a period of one year ending December 31. Members shall serve at the discretion of their respective governing bodies and members may be removed at any time prior to the expiration of their term, or alternatively a term on the JPB may be extended, by action of a member's respective governing body. Notwithstanding the foregoing, the county commissioner member serving on the JPB remains subject to Paragraph 3.a. of this Joint Resolution. J. The JPB shall meet monthly or as needed as determined by the JPB members. k. Arbitration. Notwithstanding Paragraph 14 of this Joint Resolution, the City or Township aggrieved by a decision of the JPB may require that a determination of the JPB, or any action or inaction by the JPB inconsistent with or otherwise in violation of this Paragraph 3 be submitted to binding arbitration. . The aggrieved party shall contact the Bureau of Mediation Services for a list of five (5) qualified arbitrators and the City and Township shall, within ten (10) days of receipt of said list, alternately strike from the list until only a single arbitrator remains. The City and Township may alternately jointly agree to an arbitrator. The City and Township shall be the parties to any arbitration related 5 . to a decision of the JPB. The JPB itself shall not act as a party to the proceeding. The selected arbitrator shall hold a hearing on the matter within 60 days of selection and issue a binding decision regarding whether the requirements of Paragraph 3 have been met within 30 days of the hearing. Failure of either party to participate in the arbitrator selection process shall result in the participating party selecting the arbitrator. Failure of the City or Township to appear at arbitration shall result in default judgment for the party appearing. The cost of the arbitrator shall be borne equally by the City and Township. 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. Adopt 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 located 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 year following the year when the City could first levy on the annexed area and for any subsequent years. . 7. Provision of Services. After annexation ofland located within the OM, 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) yeans after the 6 . 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. . 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 ofthe 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. In order to act under this Paragraph, the Township shall make an election by resolution at a meeting of the Township Board to either; I) initiate a detachment proceeding, or 2) seek tax reimbursement as provided in this Paragraph, and provide notice to the City ofthe 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 proj ect making municipal sanitary sewer or water service available to an area annexed under the terms of this Joint Resolution. . Every Annexation Resolution adopted under Paragraph 13 of this Joint Resolution resulting in the annexation ofland located within the OAA shall be treated separately for purposes of compliance with this Paragraph 7. 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 annexation 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. 8 9. Line 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 OM. 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 ofthe 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 OM during the term of this Joint Resolution, provided that the Township does not seek to incorporate during the term ofthis Joint Resolution. 1 l. Expansion ofOAA. For purposes of expansion of the OM under this Paragraph, the OAA designated herein shall be divided into five sections shown on Exhibit C. The individual sections ofthe OM as designated in and shown on Exhibit C shall be expanded at such time as: I) 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 OM 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 ofthat 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. . 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 . 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 ofthis Joint Resolution, the parties may . any section thereof, within ninety (90) days of January I of each year, 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 armexations 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 armexation 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 Resolution") 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 ofreceipt of the Annexation Resolution and a copy of this Joint Resolution, order the armexation of the area designated in the Annexation Resolution in accordance with the terms and conditions ofthis 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 armexation. No such election shall be required or apply to any armexation provided herein either now or during any period during which this Joint Resolution is in effect. 14. DisDutes 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 (I) time at a mutually convenient time and place to attempt to resolve the dispute through negotiation. 9 10 . 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 ofthe City and Township; or c. January 1, 2020. 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. Severabilitv. 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 shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties hereto. . If to the City: If to the Township: . 19. Headings and Captions. Headings and captions are for convenience only and are not intended to alter any of the provisions of this Joint Resolution. 20. Entire Agreement. The terms, covenants, conditions and provisions ofthis 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: City Administrator Monticello City Hall 505 Walnut Street, Suite I Monticello, MN 55362-8831 Township Clerk Monticello Township 8550 Edmonson Ave., NE Monticello, MN 55362 . Passed, adopted, and approved by the Township Board of Supervisors ofthe Township of Monticello, Wright County, Minnesota, this day oOune,2004. TOWNSHIP OF MONTICELLO By: Franklin Denn, Chair ATTEST: Darlene Sawatzke, Township Clerk . 11 . . . CITY OF MONTICELLO Passed, adopted, and approved by the City Council of the City of Monticello, Wright County, Minnesota, this _ day of June, 2004. ATTEST: Rick Wolfsteller, City Administrator By: Bruce Thielen, Mayor 12 13 . EXHIBIT A The municipal boundary map referenced in Paragraph I of the attached Joint Resolution showing the current City of Monticello and the OAA legally described in Exhibit B, is attached hereto. . . . . . EXHIBIT B The OAA 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 ofthe 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 ofthe 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 County, 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 ofthe 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. 14 . And also that part ofthe north-half of Section 27, Township 121, Range 25, Wright County, Minnesota, lying easterly of State Trunk Highway No. 25. Lands in Township 121, Range 24, Wright County, Minnesota: 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 ofthe 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 lies 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 ofthe Southeast Quarter and the east-half ofthe 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 of 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. . 15 . . . EXHIBIT C The OAA section map referenced in Paragraph II of the attached Joint Resolution, showing the sections of the OAA in the Township for purposes of expansion is attached hereto. 16 . . . t: o :;:; Ill..... X t: <II <II t: E t: <II <( <II >.... ;:~ <II "E o ~ ~II' ...~ ! " . m ;, o o .Q ~ B ~~og~ig ;>. ..... 0 .- _ u () "Ii ; ~ "Ii ~ Jl Jl J~Q~iill VI r:: o .- ..... u CI1 VI u .... :c :E )( .... z$ ~ ~ o 8 ~ "';., " tr ~ '>- rl ~ ~"'-...I j \5" ~ l,p ~t">t.~ ~ .. "" r- x- "'- 'Z. ~ ~ .: I-- IN 5< '" ~ -"" '" -' ~ ~ 9,-, ~ \j ">l "\ '^~ <. 't- .~ <> ,~ '- ~~~ =~ "(:)1.1...) ~ -+ 0Z .j -r J / ? > J ,J. 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