95-420
10
RESOLUTION NO. 95-42
CITY OF OTSEGO, COUNTY OF WRIGHT
A RESOLUTION STATING THE INTENT OF THE CITY OF OTSEGO TO APPEAL TO THE
DISTRICT COURT THE DECISION OF THE STATE MUNICIPAL BOARD RE: D-312
OTSEGO/A-5402 ALBERTVILLE (FRANK D'AIGLE) AND D-311 OTSEGO/A-5384
ALBERTVILLE (KENT ROESSLER) PURSUANT TO MINNESOTA STATUTES 414, AS
AMENDED
WHEREAS, The City of Otsego received Findings of Fact, Conclusions of
Law and Order and Memorandum from the Municipal Board of the State of Minnesota,
Robert J. Ferderer, Chair, Paul B. Double, Vice Chair and Lea De Sousa Speeter, Vice
Chair, which are attached, and
WHEREAS, The City of Otsego does not agree with the Findings of Fact,
Conclusions of Law and Order and Memorandum from the Municipal Board of the State
of Minnesota regarding the Annexation of the two properties in D-312 Otsego/A-5402
Albertville and D-311 Otsego/A-5384 Albertville and,
WHEREAS, The City of Otsego does agree with the initiation of
consolidation proceedings between the Cities of Otsego and Albertville.
NOW THEREFORE BE IT RESOLVED THAT, The City of Otsego
hereby states their intention to pursue appeal to the District Court of the Findings of Fact,
Conclusions of Law and Order and Memorandum in the matter of the petition for the
detachment of certain land from the City of Otsego and Annexation of certain land to the
City of Albertville pursuant to Minnesota Statutes 414 as per attached copies of D-312
Otsego/A-5402 Albertville and D-311 Otsego/A-5384 Albertville as stated above.
Dated this 27TH day of December, 1995.
CITY OF OTSEGO
!]� 4a:a2a1--' a
Norman F Freske, Mayor
A S
Laine Beatty, City Clerk/Zonin dministrator
(City Seal)
Attachments (2)
A
D-312 Otsego/A-5402 Albertville
BEFORE TETE MUNI- CIPAL BOARD
OF THE STATE OF MINNESOTA
Robert J. Ferderer Chair
Paul B. Double Vice Chair
Lea De Souza Speeter Vice Chair
IN THE MATTER OF THE PETITION FOR
THE DETACHMENT OF CERTAIN IAND FROM CONCIIJSTONS OF TAW
THE CITY OF OTSEGO AND ANNEXATION OF AND ORDER
CERTAIN LAND TO THE CITY OF ALBERIVILLE AND HEMORM=
pURSUANT To MINNESOTA
------------------------------------
The above -entitled matter came on for hearing before the
Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended,
on October 26, 1994, and was continued. The hearing was conducted by
Terrence A. Merritt, then Executive Director, pursuant to Minnesota
Statutes 414.01, Subdivision 12 and was combined with D-311 Otsego/A-5384
Albertville to avoid duplicative cost, effort and evidence since the two
petitions dealt with the same two cities. However, each petition was
considered
on its
individual merits.
Also
in attendance were Robert J.
Ferderer,
Chair,
and John W. Carey,
then
Vice Chair. The petitioners
appeared by and through Rody .F. D'Aigle, Attorney at Law. The City of
Otsego appeared by and through Gerald Von Korff, Attorney at Law.
Testimony was heard and records and exhibits were received.
After due and careful consideration of all evidence, together
with all records, files and proceedings, the Minnesota Municipal Board
hereby makes and files the following Findings of Fact, Conclusions of
Law, and Order and Memorandum.
-2 -
On July 29, 1994, a copy of a petition for concurrent
detachment and annexation by all of the property owners was filed with the
Minnesota Municipal Board. The petition contained all of the information
required by statute, including a description of the territory subject to
concurrent detachment and annexation, hereinafter referred to as "subject
area," which is as follows:
Lots 1 and 2, of Section 36, Tranship 121, Range 24, according
to United States Goverrment Survey, except that part of
Government Lot 1 described as follows: Commencing at the
Northwest corner of said Government Lot 1; thence deflect 88
degrees 56 minutes right frcaa the North line of said Government
Lot 1 a distance of 144 feet; thence deflect 88 degrees 56
minutes left, 302.5 feet; thence deflect 91 degrees 04 minutes
left, 144 feet to said North line; thence along said North line
to the point of beginning.
And'
Part of Government Lot One (1), Section Thirty-six (36),
Township One Hundred Twenty-one (121), Range Twenty-four (24),
Wright County, Minnesota, more fully described as follows;
Commencing at the Northwest corner of said Government Lot 1,
thence deflect 880 56' right from the North line of said
Government Lot 1 a distance of 144 feet; thence deflect 880 56'
left a distance of 302.5 feet; thence deflect 91° 04' left a
distance of 144 feet to said North line; thence along said
North line to the point of beginning. The above tract contains
1.0 acres more or less.
A supporting resolution was not received from the City of
Otsego, hereinafter referred to as "Otsego." The Municipal Board,
conducted proceedings in accordance with M.S. 414.061, Subdivision 5.
2. Due, timely and adequate legal notice of the hearing was
published, served and filed.
3. The subject area is unincorporated, approximately 62.11 acres
in size, and abuts the City of Albertville, hereinafter referred to as
-3 -
"Albertville," by approximately 41% of its perimeter. Otsego is
approximately 19,023 acres in size and Albertville is approximately 2,042
acres in size.
4. Otsego had a population of approximately 1,526 in 1970, a
population of approximately 4,769 in 1980, and has a current population of
approximately 5,689.
Albertville had a population of approximately 451 in 1970, a
population of approximately 564 in 1980, and has a current population of
approximately 1,547.
The subject area had a population of approximately 11 in 1970,
a population of approximately 10 in 1980, and has a current population of
approximately 6.
5. The subject area is bordered to the south and southwest by Mud
Lake (also known as School Lake).
6. The subject area soils consists of Dundas and Ames silty loams
and Hayden loam, Glencoe silty clay loam and Cordova silty clay loans.
7. Otsego has approximately 66.20 miles of highways, streets, and
roads (MSA Designated).
and roads.
Albertville has approximately 15.15 miles of highways, streets,
The subject area has approximately 1 mile of highways, streets,
and roads.
8. Otsego has a comprehensive plan, adopted 1990.
Albertville has a comprehensive plan, adopted 1988.
9. Neither Otsego nor its planning commission are in support of
-4 -
the proposed boundary adjustment.
lo. Otsego has a zoning ordinance, subdivision regulations, an
official map, capital improvements program and budget, a fire code, a
shoreland ordinance, a floodplain ordinance, wild and scenic rivers
ordinance, and a sanitation ordinance.
Albertville has a zoning ordinance, subdivision regulations, an
official map, capital improvements program and budget, a fire code, a
shoreland ordinance, and a sanitation ordinance.
11. The subject area is currently zoned A-1 agricultural.
.12. If the subject area is detached from Otsego and annexed to
Albertville, it is anticipated that the subject area will be zoned
residential to acct mmodate the proposed residential development.
13. Otsego presently provides its residents with water, solid waste
collection and disposal, fire protection, police protection, street
improvements and maintenance, administrative services, and recreational
facilities.
Albertville presently provides its residents with water,
sanitary sewer and waste -water treatment, storm sewer, solid waste
collection and disposal, fire protection, police protection, street
improvements and maintenance, administrative services, and recreational
facilities.
14. Currently, the subject area is being serviced by private on-
site sewer and water services.
There is the potential for environmental problems because of
the subject area's proximity to Mud Lake and the potential contamination
of the shallow water tables.
15. Albertville has stated through Resolution No. 1995-11, that it
has the capacity and will provide goverrnnental services to the subject area
-5 -
if annexed, subject to city approval process.
16. Otsego had a 1994 assessed valuation of $158,932,700. Otsego's
tax rate is 28.169; its tax rate for the County is 31.965; its tax rate for
the School District is 60.134; and its tax rate for the Special Taxing
District is 2.744. Otsego has a fire insurance rating of 9, and a total
bonded indebtedness of approximately $485,000.
Albertville had a 1994 assessed valuation of $59,825,500.
Albertville's tax rate is 37.954; its tax rate for the County is 31.722;
and its tax rate for the School District is 62.612. Albertville has a fire
insurance rating of 6, and a total bonded indebtedness of approximately
$2,881,000.
The subject area had a 1994 assessed valuation of $70,100.
17. It is not anticipated that the annexation would have any impact
on the area school districts.
18. If the concurrent detachment and annexation is approved, the
remainder of Otsego can continue to carry on the functions of government
without undue hardship.
1. The Minnesota Municipal Board duly acquired and now has
jurisdiction of the within proceeding.
2. The subject area is about to become urban or suburban in
character, and will be in need of municipal services, and the annexing city
is capable of providing the services required by the subject area within
a reasonable time.
3. Municipal government is presently required to protect the
public health, safety, and welfare of the subject area. Otsego does not
have the capacity to provide municipal services to the subject area and is
not willing to ado so, while Albertville, is willing to provide municipal
-6 -
services and has the capacity to do so.
4. The concurrent detachment and annexation would be in the best
interests of the subject area because Albertville can provide the necessary
municipal services to the proposed residential develcpanent.
5. The City of Otsego can carry on the functions of government
without undue hardship.
6. An order should be issued by the Minnesota Municipal Board
approving the petition for the concurrent detachment and annexation of the
the area described herein.
1. IT IS HEREBY ORDERED: That the property described in Findings
of Fact 1 herein, be and the same hereby is detached from Otsego and
annexed to Albertville, Minnesota, the same as if it had originally been
made a part thereof.
2. IT IS FURTHER ORDERED:
Albertville is increased by 6.
3. IT IS FURTER ORDERED:
Otsego is decreased by 6.
That the population of the City of
That the population of the City of
4. IT IS FURTHER ORDERED: That the effective date of this order
is December 13, 1995.
Dated this 14th day of December, 1995.
MINNESOTA MUNICIPAL BOARD
Suite 475, McColl Building
366 Jackson Street
St. Paul, MN 55101-1925
-
1J
Christine M. Scotillo
Executive Director
D-311 Otsego/A-5384 Albertville
BEFORE THE MUNICIPAL BOARD
OF THE STATE OF MINNESOTA
Robert J. Ferderer Chair
Paul B. Double Vice Chair
Lea De Souza Speeter Vice Chair
------------------------------
IN THE MATTER OF THE PETITION FOR ) FINDINGS OF FACT
THE DETACHMENT OF CERTAIN LAND FROM ) CONCLUSTONS OF LAW
THE CITY OF OTSEGO AND ANNEXATION OF ) AND ORDER
CERTAIN LAND TO THE CITY OF ALBER'MLLE ) AND MEMORANInIM
PURSUANT TO MINNESOTA STATUTES 414 )
-------------------------------
The above -entitled matter came on for hearing before the
Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended,
on October 26, 1994, and was continued. The hearing was conducted by
Terrence A. Merritt, then Executive Director, pursuant to Minnesota
Statutes 414.01, Subdivision 12 and was combined with D-312 Otsego/A-5402
Albertville to avoid duplicative cost, effort and evidence since the two
petitions dealt with the same two cities. Havever, each petition was
considered on its individual merits. Also in attendance were Robert J.
Ferderer, Chair, and John W. Carey, then Vice Chair. The petitioner, Kent
Roessler, appeared by and through Ernest F. Peake, Attorney at Law. The
City of Otsego appeared by and through Gerald Von Korff, Attorney at Law.
Testimony was heard and records and exhibits were received.
After due and careful consideration of all evidence, together
with all records, files and proceedings, the Minnesota Municipal Board
hereby makes and files the following Findings of Fact, Conclusions of
-2 -
law, and Order and Memorandum.
FINDINGS OF FACT
1. On June 22, 1994, a copy of a petition for concurrent
detac meet and annexation by all of the property owners was filed with the
Minnesota Municipal Hoard. The petition contained all of the information
required by statute, including a description of the territory subject to
concurrent detachment and annexation, hereinafter referred to as "subject
area," which is as follows:
Me West Half of the Southwest Quarter of Section 35, Township
121 North, Range 24 West, County of Wright.
A supporting resolution was not received from the City of
Otsego, hereinafter referred to as "Otsego." The Municipal Board,
conducted proceedings in accordance with M.S. 414.061, Subdivision 5.
2. Due, timely and adequate legal notice of the hearing was
published, served and filed.
3. , The subject area is unincorporated, approximately 80 acres in
size, and abuts the City of Albertville, hereinafter referred to as
"Albertville," by approximately 33% of its perimeter. Otsego is
approximately 19,023 acres in size and Albertville is approximately 2,042
acres in size.
4. Otsego had a population of approximately 1,526 in 1970, a
population of approximately 4,769 in 1980, and has a current population of
approximately 5,689.
Albertville had a population of approximately 451 in 1970, a
population of approximately 564 in 1980, and has a current population of
approximately 1, 547 .
-3-
5. The .subject area consists of Cordova and Webster silty clay
loams, Dundas and Ames silt loams, Glencoe silty clay loans, Hayden loans,
Nessel silty loams and Marsh.
6. Otsego has approximately 66.20 miles of highways, streets, and
roads (MSA Designated).
Albertville has approximately 15.15 miles of highways, streets,
and roads.
7. No transportation changes are proposed in the subject area
except for residential streets.
8. Otsego has a comprehensive plan, adopted 1990.
Albertville has a comprehensive plan, adopted 1988.
9. Otsego has a zoning ordinance, subdivision regulations, an
official map, capital improvements program and budget, a fire code, a
shoreland ordinance, a floodplain ordinance, wild and scenic rivers
ordinance, and a sanitation ordinance.
Albertville has a zoning ordinance, subdivision regulations, an
official map, capital improvements program and budget, a fire code, a
shoreland ordinance, and a sanitation ordinance.
10. The subject area is currently zoned A-1 agricultural.
11. If the subject area is detached from Otsego and annexed to
Albertville, it is anticipated that the subject area will be zoned
residential.
12. Otsego adopted an Urban/lairal Taxing District - but Albertville
has not.
13. Otsego presently provides its residents with water, storm
-4 -
sewer, solid waste collection and disposal, fire protection, police
protection, street improvements and maintenance, administrative services,
and recreational facilities.
Albertville presently provides its residents with water,
sanitary sewer and waste water treatment, storm sewer, solid waste
collection and disposal, fire protection, police protection, street
improvements and maintenance, administrative services, and recreational
facilities.
Albertville is willing to provide all of the services it
presently provides to its residents to the subject area. currently, the
subject area has private wells for water and individual septic systems
provides the sanitation.
14. No existing or potential environmental problems require the
need for additional services. However, the proposed residential
development will require municipal services.
15. Albertville has stated through Resolution No. 1995-10, that it
has the capacity to provide governmental services and intends to do the
same, subject to city approval process.
16. Otsego had a 1994 assessed valuation of $158,932,700. Otsego's
tax rate is 28.169; its tax rate for the County is 31.965; its tax rate for
the School District is 60.134; and its tax rate for the Special Taxing
District is 2.744. Otsego has a fire insurance rating of 9, and a total
bonded indebtedness of approximately $485,000.
Albertville had a 1994 assessed valuation of $59,825,500.
Albertville's tax rate is 37.954; its tax rate for the County is 31.722;
and its tax rate for the School District is 62.612. Albertville has a fire
insurance rating of 6, and a total bonded indebtedness of approximately
$2,881,000.
No Testimony was received relating to the assessed valuation of
the subject area.
17. It is not anticipated that the concurrent detachment and
annexation would have any impact on the area school districts.
18. If the concurrent detachment and annexation is approved, the
remainder of Otsego can continue to carry on the functions of government
without undue hardship.
CONCUMIONS OF LA�t
1. The Minnesota Municipal Board duly acquired and now has
jurisdiction of the within proceeding.
2. The subject area is about to became urban or suburban in
character, and will be in need of municipal services, and the annexing city
is capable of providing the services required by the subject area within
a reasonable time.
3. Municipal government is presently required to protect the
public health, safety, and welfare of the subject area. Otsego does not
have the capacity to provide municipal services to the subject area, while
Albertville, which has the capacity, is willing to do so.
4. The concurrent detachment and annexation would be in the best
interests of the subject area.
5. The city of Otsego can carry on the functions of government
without undue hardship.
-6-
6. An order should be issued by the Minnesota Municipal Board
approving the petition for the concurrent detachment and annexation of the
the area described herein.
1.
IT IS HEREBY ORDERED:
That the property described
in Findings
of Fact
1 herein, be and the
same hereby is detached from
Otsego and
annexed to Albertville, Minnesota, the same as if it had originally been
made a part thereof.
2. IT IS FURTHER ORDERED: That the effective date of this order
is December 13, 1995.
Dated this 14th day of December, 1995.
MINNESOTA MUNICIPAL BOARD
Suite 475, McColl Building
366 Jackson Street
St. Paul, MN 55101-1925
C�
Christine M. Scotillo
Executive Director
D-311 Otsego/A-5384 Albertville
In approving the concurrent detachment and annexation of the
subject area, the Board recognizes the potential for on-going boundary
disputes between Otsego and Albertville. Accordingly, the Board,
subsequent to approving this petition, has ordered the two Cities into
consolidation procedures. In granting this petition, the Board does not
feel an individual property owner's investment should be held hostage while
the two Cities pursue the lengthy process of studying whether consolidation
is in their best interests, particularly since the petitioner still has
additional governmental process to go through to realize the development
potential of his property.
l �`