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City Council Resolution 1995-15RESOLUTION 95-15 URBANIZATION PLAN JOINT RESOLUTION BETWEEN THE TOWN OF MONTICELLO AND THE CITY OF MONTICELLO CONCERNING THE ORDERLY ANNEXATION AREA WHEREAS, reoccurring boundary adjustments have occurred between the City of Monticello and the Town of Monticello for the last 20 years and uncertainty as to future adjustments has resulted; and WHEREAS, responding to requests for boundary adjustments on a case-by-case basis, apart from an overall plan for urbanization, is expensive, time consuming, and counterproductive; and WHEREAS, it has been difficult for the Town of Monticello and the City of Monticello and property owners within the Orderly Annexation Area to plan separately for development and growth; and WHEREAS, the Minnesota Municipal Board has requested that the Monticello Orderly Annexation Board, the City, and the Town work cooperatively in re- examining the future of the Orderly Annexation Area to determine if development is being properly focused; and WHEREAS, the Minnesota Municipal Board has urged the City and Town to approach the orderly annexation issue with a spirit of cooperation; and WHEREAS, it appears to be in the best interest of both parties that joint cooperation and planning between the parties be conducted; and WHEREAS, the parties want to stabilize and enhance the predictability of boundary adjustments; and WHEREAS, there is a basis for agreement between the parties for accomplishing these goals, and the parties hereto do set forth the terms of this agreement by the following: The Town of Monticello and the City of Monticello hereby jointly agree to the following: 1. CONTINUING THE MONTICELLO ORDERLY ANNEXATION AREA That the following Orderly Annexation Area in the Town of Monticello was established by a Minnesota Municipal Board Order on December 8, 1972, as in need of orderly annexation pursuant to Minnesota Statute, Chapter 414, et al. URBANPLN.RES: 2/24/95 Page 1 2. LAND USE GUIDE PLAN The Town of Monticello and the City of Monticello, upon their adoption of this policy, approve the Monticello Orderly Annexation Area Plan, which is attached as Exhibit "B" (hereinafter referred to as the Guide Plan). 3. URBAN SERVICE AREA The area identified within the Guide Plan as the "Urban Service Area" is an area that abuts the City of Monticello and is presently urban or suburban in nature or is about to become urban or suburban. Further, the City of Monticello is now capable of providing municipal water and sanitary sewer to this area. 4. ANNEXATION PROCESS Annexation should be allowed to occur upon the following terms and conditions: A. The property must be located within the above-described "Urban Service Area"; B. The property owner must petition both the City of Monticello and the Town of Monticello for annexation; C. The property owner shall submit a development plan to the City of Monticello and the Town of Monticello showing the need for municipal water and sanitary sewer for at least 80% of the property petitioned for annexation; D. The development plan must be of sufficient detail to show it will meet the standards and requirements of the City of Monticello's zoning and planning ordinance, land use plan, comprehensive plan, utilities plan, assessment procedures, and financing plan; E. Municipal water and sanitary sewer shall be installed and ready for use within two (2) years from the date of annexation; and F. There shall be no future petitions for annexation until all previous conditions in the development plan have been complied with. Prior to final City approval of the development plan, said plan shall be submitted to the Town of Monticello for review. Concerns expressed by the Town of Monticello shall be addressed prior to formal approval of the development plan by the City of Monticello. All efforts will be made to establish development plans that incorporate the land use planning efforts of both the City of Monticello and the Town of Monticello. No development plan shall be considered by the City under this agreement without URBANPLN.RES: 2/24/95 Page 2 written summary of comments submitted by the Town of Monticello to the City of Monticello. If the City receives written approval of the development plan from the Town, a joint petition for annexation shall be submitted to the Minnesota Municipal Board. If the Town of Monticello does not approve the development plan, the City shall then either reject the development plan, or the issue may be submitted to the Minnesota Municipal Board pursuant to Minnesota Statute, Chapter 414. 5. TERMS The term of this agreement shall be ten (10) years from the effective date of this agreement. Both parties reserve the right to terminate this agreement upon sixty (60) days' written notice. The effective date shall be upon the approval of the City Council of the City of Monticello and the Town Board of the Town of Monticello and acceptance by the Minnesota Municipal Board and said subsequent order approving this agreement. 6. LAND USE/ZONING AND PLANNING The zoning and planning throughout the Orderly Annexation Area as described above shall be under the control of the Monticello Orderly Annexation Board until annexed to the City of Monticello. If the property is annexed to the City of Monticello, the property shall be designated as agricultural according to the City of Monticello Zoning and Planning Ordinances. Any alteration or change to the zoning classification shall be subject to a public hearing to be held by the City of Monticello Planning Commission. The City of Monticello shall notify the Town of Monticello of said land use classification hearing. 7. TAXES Any and all of the property taxes collected in the Orderly Annexation Area shall remain the property of the Town of Monticello. With the exception of existing commercial and industrial properties, any and all property taxes collected from annexed properties shall be the property of the City of Monticello after such time that said property actually receives city sewer and water service or after expiration of a period of three (3) years, whichever occurs sooner. For existing commercial and industrial properties, taxes calculated at the township tax capacity rate for the year in which the annexation occurred should remain with the Township for a period of three years after the year in which annexation of these types of properties takes place. URBANPLN.RES: 2/24/95 Page 3 8. ISOLATED TOWN PROPERTY Any property within the "Urban Service Area" that becomes or is about to become isolated as a result of annexation proposed under Section 4 shall be submitted for consideration to the Minnesota Municipal Board along with the proposed annexation for consideration by the Minnesota Municipal Board. In general, the creation of such isolated parcels should be avoided. 9. DEVELOPMENT WITHIN THE AREA IDENTIFIED ON THE ANNEXATION PLAN AS THE AGRICULTURAL AREA No development should occur within the orderly annexation area which is outside the "Urban Service Area" as described in the MOAA Annexation Plan unless said development meets the standards of the zoning and subdivision requirements of the Monticello Orderly Annexation Board, the City of Monticello, and the Town of Monticello. Said development can only occur if all local government standards are complied with or are capable of being complied with in the future. The intent of this paragraph is to strongly discourage development outside the "Urban Service Area" as identified in the Orderly Annexation Plan. CITY OF MONTICELLO Passed and adopted by the City Council of the City of Monticello this 27th day of February , 1a Ac; Attest: (--"/ City Adminis ator URBANPLN. RE S: 2/24/95 TOWN OF MONTICELLO Passed and adopted by the Town Board of the Town of Monticello his day of 19 . By .� Ahairman Attest: Town Board Clerk Page 4