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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 �`