HomeMy WebLinkAbout5.b. U of M Annexation c
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Goun�ilmembers: Napper
Oxborough
Walsh
Wippermann
F�tOM: Stephan Ji1k, Administrati.an/C1Qrk
DATE: October 2$, 198$
RE: University of Minnesota
Rosemount Property
Annexation Discussion
Attaehed is a letter af response from Rager Knutson regarding hi.s
research for consideratian of the annexation of certain
properties owned by the University of Minnesota in Empire
Township.
The letter outlines, I �elieve, the chances of our sticceedin� at
the annexation attempt and, more importantly, what we may gain by
this annexation if in faet it would occur.
In very few words we can sum up our chances and that is "slim to
none" unless the University and Empire Townshig suppart the
action. I believe that is quite unlikely.
And, if we were to succeed, Qur control over the property would
not change as 1,ang as the University retains ownership.
I have not contacted officials of Empire Townshi� to cliscuss the
concept of annexation with the recei�t of thi� letter becausP I
felt it would be fruitless to do so until I h�ve further
direction to do so following discussion on Roger' s letter.
In light of this report from Roger, I would suggest that we
consider other methods of getting the University ta cooperate
with us in planning the use and development of their property in
Rosemount .
.
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LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON
Dav►fl L.GxnNrris- 1A74-i961 PrtaFesstor�hr.Assoc��r�oN T�Lecor�Ert:
Devio I.,Gn�rtws.JR.- (g10-1980 P<�sr ppFir_r:I�x 57 t(12)455-2359
VANCE B.GRAWNiS �3 NORWFST�ANK BUlLDING ELLi()'i'f B. Kt3@'TSCH
VANCE B.GRANNIS. R. MtCHAEL j.MAYER
J 1�1 IVORTFI CONCORD FXGFiANGE ,I,��Q,�Y
PATRICK A. FARRELL J.B£RG
DAVID L.CrRANNfS,tit Sou'rH Sr. FAuc, M�NxFso7A 55075
ROGER N. KNt)'t'SOPJ
aAViD L. HARMEYF:ft T6LF.PHONE(fif2)453-iC�I
October 7, 1988
Mr. Stephan Jilk
' Rosemount City Hall
2875 - 145th Str�et West
Rosemount, Minneso�a 55068
RE: Ann�xation of University of 1�inr�esota Property
Dear Steve:
Minnesota Statutes § 414.031 sets out the app�.icable
pracedure for annexation. The Municipal Baard is requa,recl to
consider thirteen (13) faetors in eonsidering an annexation
petition. After considering those factors the Board has the power
to approve the annexation or�ly if it finds that one 4f the
following conditions exist: ( 1y the property is about to beeome
� urban in character, or (2) the annexation is necessary to pr+�tect
the publi.c health, safety, and welfare, ar 43) the annexation is
in the best interest of the property. My eonc3usion is that at
the present time the preconditians for annexatian are not rnet.
The property is not about to become urban in character. The I
property is not in the process af developing and is outside the
City' s MUSI� line.
Since the property is ownec� by tt�e t3niversity tl�e City cQuic�
do nothing to prevent publie health, safety, and welfare
problems. Under Article 3, Section 3, o€ the MinnesQta
Constitution the University property, even if withi.n the
corporate limits of the City, is exempt fro�n City regulations.
The constitution grants the Board of Regents the exclusive
authority "�to gouern" the Uni.versity. According to the Attorney
General the University is "obviously beyond administrative
control by any other body. " Att. Gen. Opp. 618C, May 26, 1933,
capy enclased. Since the t�niversity praperty is beyond the City's
power ta regulate, it would be difficult to argue that the
annexation is in the best interest of the property. �
.
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Mr. Stephan Jilk - Annexation
October 7, 1988
Page Two
Since the City cannot regulate the pzoperty even if annexed
and since it cannot be �axed, the City would gain I.ittle or
nothing by the annexatian. When the property is sold and
developed the issue should be reviewed at that time.
�'"-------.
tVery truly urs,
GR NIS, FA ELL
& KN ON, -- -�—
BY•
oger . son
RNK:srn
Enclosure
cc: Dean Johnson