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City Council Minutes 06-04-19749* Special meeting of Council May 30, 1974 - cont' d. 18 that the Minn. Municipal Comm. retains jurisdiction in the "event of unforseen extraordinary circumstances." Mr. Pringle stated that the only problem with the allowance for an appeal to the Municipal Commission is that in the event of an appeal any time delay could create difficulties for both sides. The discussion of paragraph #4 concluded with a statement by Mr. Kaibel that he would investigate the possibility of placing a percentage limitation on the amount the City would be required to pay annually; he stated that the proposed change will be discussed with the Township Board. The Mayor asked for concluding comments in regard to paragrpph #4. Mr. Mattson stated that the proposal appeared to be Vvery fair" and Mr. Douglas stated everything seemed to be in order. Mr. Mattson noted that by this agreement both sides could pro- sper together. Paragraph No. 5: The Adm. read the entire paragraph and the Mayor asked for comments. A short discussion was held but no objections or changes were suggested. Paragraph No. 6: The Adm. read the entire paragraph and the Mayor asked for comments. No objections or changes were suggested. Paragraph No. 7: The Adm. read the entire paragraph and the Mayor asked for comments. No objections or changes were suggested. Paragraph No. 8: The Adm. read the entire paragraph and the Mayor asked for comments. No objections or changes were suggested. Paragraph No. 9: The Mayor read the entire paragraph. This paragraph refers to the dismissal of the pending Supreme, -.Court appeal to the District Court Order, Court File No. 20747. The Mayor asked for council member comments. No objectionable comments were made. Mr. Kaibel stated he would draw up a final draft to be presented at a joint meeting between the city council and the town board. The Mayor announced that the meeting was "recessed or adjourned' to June 4, 1974, at 8:00 P. M. in the City Hall. Mr. Kaibel thanked the Mayor and Council for the cooperation shown and stated it had been a pleasure working with the Mayor in trying to arrive at an equitable solution. City Council meeting - June 4, 1974 - City Hall - 8:00 P. M. This "adjourned meeting" was called to complete business started on May 30, 1974. The meeting was called to order at 8:00 P. M. Council members present: Blonigen.Erickson. Absent: Rowan. Council member Dick Martie arrived when the meeting was "continued" at the Town Hall. Mr. Howard Kaibel of the Minnesota Municipal Comm. was in attendance. Council meeting - June 4., 1974. - cont' d. The Mayor asked the two council members present if they had any questions regarding the "Joint Resolution as to Orderly Annexation: City of Monticello - Town of Monticello." No recommendations were made for any change. Mr. Kaibel stated that at the bottom of page 3, of the "Joint Resolution," two changes had been made. He stated that the Township is aware of these changes and that they will discuss these with the City Council at the Town Hall later in the evening. The Mayor asked Mr. Kaibel what the city should have ready in the event of annexation. Mr. Kaibel answered that a cen- sus should be conducted of inhabitants in the annexation area. In answer to an inquiry regarding the census, Mr. Kaibel re- plied that a door to door survey is probably the best method. He emphasized that this is something the Township should be consulted about; an increase in the City population is going to result in a decrease in their population so it is going to be essential that a fair survey be conducted. Mr. Kaibel stated the Municipal Comm. could provide the actual population as of 1970 and that this can be used as a guide line in conducting the survey. He noted that the State per capita aids are based on the 1970 population, but that if the City and Township agree on a population computation the Department.of Taxation will in all probability go along with this. A discussion was held concerning special levies that will be necessary due to annexation. Mr. Kaibel suggested that the Department of Revenue be contacted to obtain regulations covering special levies. He stated the City of Monticello should prepare an estimate of maximum costs that could result from annexation; it was noted that the estimate of maximum costs is necessary to cover contingent factors even though the actual certified levy may never reach that amount. A number of areas that would show increased costs because of annexation were discussed. They included the following: audit- ing and accounting; sewer and water needs; legal fees; admini- strative costs; park and street costs; zoning costs; costs re- sulting from agreements or commitments with the Township; ap- portionment of present operating costs; increased police, fire or civil defense costs; annexation costs in full; increased costs per capita population; equipment costs - all areas. A computation of costs for the aforementioned items should separate those items which would be increased strictly, due to annexation from those which would fall specifically under a special levy. Mr. Kaibel stated that it should be clearly Council meeting - June 4, 1974. - cont'd. understood that the "special levy" will only be for a specific number of years and that after this time the annual levy will have to be set back by the amount of the "special levy." He noted that there is only a six per cent normal levy.increase; for this reason, the City should argue for a time period at least double the time necessary to make up the six per cent limitation. In computing total costs he stated the City should try and estimate what the City will be paying the Township annually under this agreement - paragraph 4, of the "Joint Resolution." The paragraph 4 agreement may be treated as a "special levy" as it is a lawful order of a State agency. The Mayor stated he would like to have the city planner, auditor, engineer, attorney and administrator in a meeting to determine what costs will be a direct result of annexation. The Mayor asked for any comments from council members. None were made at this time. The Mayor noted that in talking with the Township they had shown an interest in setting up a "Joint Fire District." The costs of the fire service would be borne according to the valuation of the taxable area. The Mayor noted that the "Joint Resolution" is based upon taxation as we have it now and that if this taxation is altered significantly by some un- known factor, the "Joint Agreement" is null and void. At this time the Administrator stated that a resolution was needed "ORDERING IMPROVEMENT AND PREPARATION OF PLANS" for the $14,479.00 street maintenance and improvement as stipu- lated by the City Council at their meeting of May 20, 1974, and as outlined in a letter from Meyer-Rohlin, Inc., in their letter of April 22, 1974. The Mayor and Clerk are authorized to sign the resolution. The motion to adopt the aforementioned resolution was made by D. Erickson, seconded by D. Blonigen. Voting in favor: Blonigen, Erickson, Johnson. Opposed: None. Absent: Martie, Rowan. Motion carried. (Copy of Re,sdlution attached as Enclosure 1) . At this time the meeting was "adjourned" until 9:00 P. M., to be continued at the Township Hall. The "adjourned meeting" was called to order at 0:00 P. M. in the Township Hall by Mayor Conrad Johnson and Town Board Chair- man Franklin Denn. This portion of the meeting was not taped. 192 City Council meeting - June 4, 1974 - cont'd. Chairman Franklin Denn opened the meeting by stating that he welcomed the City Council to this meeting; he noted that annex- ation had been a disputed issue for some six years and he was glad to see a solution was imminent. Mr. Howard Kaibel stated that there were two changes to be discussed and that both of these are at the bottom of page 3 of the "Joint Resolution." Attorney William Radzwill, re- presenting Monticello Township, expressed displeasure with change 2 of the proposed changes. Mayor Con Johnson stated that a great deal in this agreement has to be based on "good faith" and he was not too concerned about deleting the second of the two pro- posed changes. Mr. Kaibel stated that the "Joint Agreement" does allow for an appeal to the Municipal Commission. The consensus of the City Council was, that although there are some unanswered questions in the payment formula, the agreement does allow for a Municipal Commission decision and "good faith" has to be a part of the agreement. In this regard, it was agreed to have Mr. Kaibel finalize the "Joint Agreement" with.vithe understanding that proposed change 2 is to be deleted. At this time, a motion was made by Dick Martie, seconded by D. Erickson, to adopt the "JOINT RESOLUTION AS TO ORDERLY ANNEXATION: CITY OF MONTICELLO - TOWN OF MONTICELLO." Vowing in favor: Blonigen, Erickson, Johnson, Martie. Opposed: None. Absent: Rowan. Motion carried. (Copy of signed "JOINT RE SOLUTION" to be attached to the minutes of May 30 - June 4, 1974, as Enclosure 2. Howard Kaibel will provide copies of the agreement to the City and the Township). At this time, the Township of Monticello unanimously passed the "JOINT RESOLUTION" and Mr. Kaibel stated that thennext step in the proceedings could be a Hearing and the final order for annexation could be issued about one month after the Hearing. A short discussion was held concerning a census that will be needed in the annexed area. There was consensus of members pre- sent to have the City choose the individual to conduct the cen- sus subject to review by the Township. There was agreement that Mr. Paul Johnston of Wright County should be consulted in regard to the building inspection portion of the agreement. The Mayor of Monticello announced that the City Council portion of the meeting was adjourned. The time of adjournment was ap- proximately 9:40 P. M. Enc 1. 1.- Resolution Ordering Imp. Kevin L. LaFrance, Adm. Encl. 2.- Joint Resolution KLLF/ lsg