Pat Tepoorten
Wyoming Township ReporterThe Chisago City Community Center was filled Thursday night as approximately 150 people gathered to air their thoughts on Chisago Cityís petition to annex 5000 acres of Wyoming township land into its domain.
Administrative Law Judge Kathleen Sheehy presided over the testimony, which is considered part of the trial, and Chisago City Mayor Chris DuBose, Wyoming Town Board Chairman Larry Parker, and their legal representation were available for questions or comments.
Sheehy encouraged potential speakers to ěbe as brief and concise as you can,î before opening the floor for comment.
Township resident and affected property owner Jonathan Dodge, who has been active in fighting the annexation petition, spoke early in the proceedings. He called his land ěChisago Cityís next industrial park,î before advising the judge that, were she to decide in favor of the city, an injunction would be filed, asking that any decision be subject to a separate but potentially relevant legal matter.
It involves a DNR bill that had attached to it the partisan ěconcealed carryî law, passed in 2003. Opponents of the gun law have filed an appeal that calls into question the way it was passed.
The appeal contends the concealed carry legislation violated Minnesotaís Single Subject Rule, which reads ěNo law shall embrace more than one subject, which shall be expressed in its title,î and therefore cannot be upheld.
Likewise, provisions that allowed affected residents to decide annexation by vote were removed legislatively in the context of a 1992 Omnibus tax bill. Were concealed carry to be struck down over the single subject rule it could have implications for annexation as well.
Sheehy informed Dodge she was restricted by statutory deadlines, and must decide the case within one year of the date proceedings began.
Dodge then informed the judge that landowners may choose to take advantage of conservation easements; essentially a self-imposed development moratorium, that can last years and act to slow development.
Common thread
In the speakers that followed, a thread emerged that would run through many of the comments.
The vast majority of comment against the annexation petition highlighted the residents inability to vote and decide their own address.
ěIt's not democratic,î said township resident Everett Anderson, who asked city representatives how they would react if the tables were turned. John Esmay referred to it as the classic ětaxation without representation,î and Ed Hine commented ěno right to vote is un-American.î
Loud applause generally greeted these sentiments and Sheehy asked the audience to restrict their reactions to testimony, as there were many people who wished to be heard.
Aside from the voting issue, residents testified to the townshipís ability to provide services. They expressed satisfaction with the townships ability to plow roads, police streets and handle emergencies, and said they saw no benefit in these services by residing in city limits.
They also testified to what they felt was an industrial nature to the business park that Chisago City has planned.
ěThe size of the industrial park bothers me,î said one resident and another spoke of the negative impact the park would have on the rural environment of township life.
Montzka speaks
Ben Montzka, county commissioner serving Wyoming Township, spoke to the judge regarding the ability of farmers to obtain conservation easements.
He asked Sheehy to consider a resolution, passed by the Chisago County Board in January of 2003, in opposition to the ěhostile annexation litigation process.î
Not all opposed
However, not all of the speakers were opposed to the petition.
Affected resident Betty Pliscott noted the township was surrounded by cities on three sides and is ěright for growth.î
She said all three had been taking the township ěbit by bit,î and that the township was considering a merger with the city of Wyoming in the near future.
ěEither way we are going somewhere,î Pliscott continued, ěWhy are we stalling? Let's deal with it.î
She said Chisago City would be her preference of the three surrounding municipalities and concluded, ěChisago City is not Fallujah. There is a lot of emotion here tonight, but we need a reality check.î
Peter Feso said the township had already voted for annexation in 1992 when it zoned the area in question as residential and noted it was land preferable for development.
He accused the township of cutting off negotiations with the city for orderly annexation and thought the judge should allow for the township to be financially responsible for Chisago Cityís incurred legal fees, saying there was ěno callî for the current proceedings.
His comments were met with some jeering, which prompted Sheehy to warn participants they would be objected for outbursts.
Throughout the night Sheehy encouraged attendees to submit written comments and noted that she would read each submission in the process of making her decision.
Sheehy is not expected to render a decision in the matter until after the new year.
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