Posted: 7/12/06
Smith puzzled by judge's ruling
Abby Nadeau
Staff Writer
According to Administrative Law Judge Beverly Jones Heydinger a lack of ìanalysisî and ìthoughtful planningî has cost Forest Lake the annexation of Columbus Townshipís I-35 corridor.
Heydingerís decision, released on July 6, marked a disappointing and confusing end for Forest Lake Mayor Terry Smith.
ìWe were disappointed with the judgeís ruling,î Smith said. ìI was personally very surprised.î
Forest Lake filed an annexation petition for the eastern portion of I-35 when Columbus Township had filed for incorporation.
Reasons for denial
Heydinger specifically mentions several instances in which the city planned poorly for the annexation.
In her ruling she states ìForest Lake has had no planned process to develop the Annexation Area of the I-35 corridor, and no articulated explanation for its attempt to annex only the eastern portion of the corridor.î
While Heydingerís ruling is littered with comments about Forest Lakeís planning, Smith is confused by the decision.
ìIím puzzled by that comment [ìlack of thorough, thoughtful planningî],î Smith said. ìIt is hard to plan for an area when it is not in your jurisdiction. Why would we?î
Smith said that the annexation would be the beginning of the planning for Forest Lake.
The decision stated that over the past several years Columbus Township has participated in several highway corridor studies, while Forest Lake had only showed interest after a group of property owners, along the corridor, asked to be annexed into the city.
She stated that ìthere is no justification for annexing just the annexation area to Forest Lake. The I-35 corridor is being planned and developed as one area, and the freeway is the unifying feature rather than a natural boundary.î
While Heydinger believes that Forest Lake is competent enough to run the corridor, she believes the city could not ìprovide the necessary level of attention to the area at this time,î based on the cityís own submission.
Council member Susan Young testified at the hearing and noted a few projects, including the West Broadway and Headwatersí project, that would not allow the city to spend as much time as needed on the eastern I-35 corridor.
ìYoung testified to that,î Smith said. ìI disagree with that statement.î
Smith argues that the ruling spoke more about the economics of the land, rather than the land itself.
ìI have a real concern for traffic control of that area of Highway 97,î Smith said. ìWe were looking at long range planning for the area.î
Smith said that in the next several years with the harness track and the Headwaters development, thousands of more commuters will be using the TH-97 exit.
ìWhen the traffic increases and that bridge stays the same, Iím sure Columbus can help them [commuters] out with that,î Smith said. ìTwenty years from now people are going to be looking at the land and wonder why it was done that way.î
Smith stated the next step for the city would be to discuss the decision with council members and city attorneys to decide if the current ìstatus quoî is right for them.
The History
In October of 2005 Columbus Township filed a petition for incorporation as a city.
In response to the incorporation Forest Lake filed a petition to annex just the eastern portion of I-35.
By April of 2006 hearings were established and community members from both sides heard the reasons for annexation and for incorporation.
Heydinger notes that ìas the hearing in this matter progressed, however, it became apparent that the planning for the entire I-35 corridor and services to it should be managed by one town or city. Only in its ìpost-hearing submissionsî did Forest Lake ask for the entire corridor.
On July 6, Heydinger announced her decision to allow Columbus Township to incorporate.
The city of Forest Lake now has 30 days to appeal the ruling. The city has scheduled a closed meeting on Monday, July 17 to discuss the rulings with their attorneys.
Forest Lake Times
P.O. Box 218
880 SW 15 St.
Forest Lake, MN 55025
651-464-4601
Fax 651-464-4605
