Pat Tepoorten
Wyoming Township ReporterDay one of the case between Chisago City and Wyoming Township, which will decide the fate of roughly 5000 acres of land currently within the boundary of the township, got under way Monday morning at the Chisago City Hall.
First to take the stand for the city was Mayor Chris DuBose. Attorney for the city, Brandon Fitzsimmons, led DuBose through the process by which the city decided the only way to absorb the land in question into the city was to petition for it without the support or cooperation of the township.
DuBose gave background testimony regarding plans by the city and the township to enter into a joint agreement for the purpose of developing a business park on township land. The project was considered beneficial to both in that it would bring jobs and increase the overall tax base in the area. It was understood the park would be provided services such as water and sewer by Chisago City and the Chisago Lakes Joint Sewer Commission.
Saw a start in 1997
The first attempt to make that goal a reality came in 1997. At that time, according to DuBose, the two entities formed a joint committee to explore the possibility and lobbied the state together to pass legislation that would have given the project $500,000 in state funding for land acquisition. Another $237,000 would have been provided by the city and township.
According to DuBose the joint project had much support from the state and the Minnesota Association of Townships, who applauded the effort and called it a blueprint for future joint ventures between cities and townships.
But the attempt to secure the half million dollars in state funding was vetoed by then Gov. Jesse Ventura and thus began the unraveling of the original agreement. Shortly after that decision property owners neighboring the proposed business park articulated to the township they objected to the joint venture and the joint committee was disbanded.
The project was resurrected a year later and once again a joint committee was formed to explore the options. The venture was different the second time in that it sought no state funding for the project. It also laid out a plan for revenue sharing between the city and the township beyond the normally allotted time.
State legislation allowing for extended revenue sharing was passed but again, residents of the township protested the location of the business park. Given that opposition, a letter was sent to then State Sen. Twyla Ring by the township, requesting its withdrawal. That request was granted.
DuBose said the opposition was led by now Town Board Chair Larry Parker and a group called ìNeighbors Assisting Proper Planning.î Members also included current supervisors Jeff Eiffler and Scott Walberg. DuBose was asked by attorneys how he felt about the sudden reversal.
ìI felt betrayed to tell you the truth...There was discussion afterward that people didnít want it in their backyard.î Furthermore, he said he ìcouldnít rely on the township,î and the city would have to pursue a business park on its own.
Town vacillated
In questioning DuBose, attorneys for the city tried to establish a pattern of vacillation by the township as well as lay groundwork for a claim the city did everything in its power to work with the township before attempting to annex without the township's blessing. To that end, DuBose was asked what his response was to the situation and if there was anything else the city could have done.
ìI believe the city has done everything it could. There was no chance with the township,î he responded. Later he would add, ìWe made every effort with the township for voluntary annexation going back to 1997. They turned down every one. We had no choice but to do what was best for the city, the county, and ultimately the state. There was no way they were going to allow us to annex any part of the township.î
More background
While laying out this background, attorneys for the city were also asking DuBose about plans by the township to consolidate with the city of Wyoming. A joint committee between the two entities suggested that consolidation be a ballot question put before township residents in 1997, but was never done by the township.
Also discussed was the recent addition of the Polaris research and development facility currently under construction. The land for the facility was annexed into the city of Wyoming on Sept. 30, 2003, despite the fact it does not abut the city.
Polaris then requested it be allowed to access the joint sewer, which would mean running a line from the plant, through the township, and ultimately through Chisago City as well. DuBose testified that his city had purchased capacity in the line for $1.27 million.
Based on the installation of that line, Chisago City sought to annex areas adjacent to it. ìThere was a potential for growth in that area because of the line. We asked that the area adjacent to the pipeline be allowed to annex. The township did not agree,î DuBose said.
Chisago City brought along as evidence 14 petitions for annexation from property owners within the contested area and DuBose said he has spoken with many other landowners in the area that support it, despite not having requested it as of yet. Attempts by attorneys for the city to enter testimony regarding those conversations were objected to by township attorney Mike Couri and sustained by Administrative Law Judge Kathleen Sheehy.
In its final area of testimony, DuBose was asked to talk about the many signs in the area that read ìNo hostile annexation.î DuBose testified he believed the signs were fabricated and erected by a ìsmall groupî and, though he agreed that some people in the township agreed with the sentiment, he said others have been ìmisled,î and concluded the city could provide superior services to the area and a thorough comprehensive plan for development.
Couriís questions
On cross-examination, Couri attempted to erode the cityís premise it had exhausted all options.
ìSome people requested that the city put the issue before the township in the form of a vote. Did you do that?î
ìThe city did not,î replied DuBose.
Couri also got DuBose to admit that, at the time of the request for annexation along the sewer-line corridor, the city had not decided on a specific route. DuBose said the city was looking at two different options at the time.
Couri then pursued the idea the city had done everything it could to work together with the township. DuBose stated that, although the two entities were working together on the business park, ìno formal agreement was ever reached.î
Couri also asked about interest in the park by developers.
ìWere you able to attract large employers?î asked Couri.
ìSeveral came forward, but no one ever signed,î DuBose said.
Couri then asked what the city had done to insure the ìrural atmosphereî of the area as indicated in talks between the city and the township.
DuBose said that collecting ideas for protecting the rural atmosphere was the task of the township, not the city. Furthermore, he testified that township withdrawal from the original plan had occurred after the funding was vetoed, and that the business park would not have had a contiguous border with the city.
Upon being questioned as to whether the city had any discussions with the township regarding the route of the sewer line for Polaris DuBose responded ìnoî and added, ìwe didn't feel that it would be productive.î
DuBose was asked if the second set of negotiations resulted in a mutually accepted agreement between the city and the township, to which he responded yes. When asked if that agreement had been in writing however, DuBose said ìno.î
When pressed about any ìconcreteî plans for developing the business park, DuBose responded ìseveral landowners were interested in the concept.î
ìWere their any businesses that were ready to go in?î asked Couri.
ìNo,î replied DuBose.
The final minutes of the testimony involved Couri questioning DuBose on the JOBZ program in Minnesota and future growth plans by the city.
DuBose testified that there were no such zones in Chisago City, and indeed there was no chance for the city to apply for such a zone. He also testified the city had indicated to many landowners in the area sought for annexation that there would be a chance for better services like water and sewer. He noted that feasibility studies that included the contested area had been conducted and updated on two different occasions.
ìWe always assumed that someday the city would reach around Green Lake,î he said.
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