Posted: 5/3/06
Ruling on Columbus may come in 60 days
Joe Drennan
Staff Writer
The battle over the border of Forest Lake and Columbus Township continued last week as Administrative Law Judge Beverly Jones Heydinger listened to the two sidesí arguments.
Columbus was presenting its case for incorporation, while Forest Lake was opposing the incorporation and presenting its case to annex 655 acres of Columbus Township land that sits directly east of I-35 and south of TH-97.
Columbus presented its case early last week, presenting evidence that not only should the township incorporate as a city, but they have been acting as a city in every essence that they are allowed to under law for a number of years now.
They also pointed out that theyíve been working on developing their commercial district to minimize taxes on home owners. That development includes the construction of the townshipís very own sewer and water system.
Steinke speaks
Don Steinke, the lightning rod of controversy in Columbus Township, was one of the last people Forest Lake called to testify, but was the one who many wanted to hear what he had to say.
Many claim it was Steinke who instigated the whole annexation-incorporation battle with a property ownerís petition for annexation.
Steinke says he backs annexation because he feels the services heís receiving on his 70 acres of farmland on the east side of I-35 are inadequate.
Currently Steinke and the other east side property owners are being assessed for a forced sewer main that they cannot hook up to until they petition for sewer service where theyíll have to pay another assessment.
When asked by the Columbus attorney if the services to his property on the east side of the freeway have been adequate, Steinke said, ìI guess they have been adequate, but itís not hard to provide services to bare land.î
The Columbus legal counsel also asked Steinke about a letter regarding the Rice Creek Watershed District from district administrator Steve Hobbs that stated judicial ditches 4 and 15 would be easier to manage if they were contained to one municipality instead of two. The two ditches currently are in Forest Lake and Columbus.
Steinke, a Rice Creek Watershed manager, said the letter came from discussions he had with engineers and Hobbs regarding the ditches. Columbus argued that the district had not taken any stance on the incorporation-annexation issue and that the letter was something Steinke asked Hobbs to write to help support his bid to have his land annexed.
Hobbs later issued a memo clarifying that the Rice Creek Watershed District had not taken any stance, and that a storm water management plan could be implemented with two municipalities.
Another issue Steinke was asked about was that of Forest Lake being able to provide the east side corridor with water for $1000 per buildable acre.
ìThat was a mistake I made,î Steinke said.
ìThe estimates (from Forest Lake) to get water to the freeway were $150,000. I assumed wrong that thatís what it would cost to service the east side, but that was only to get service from where it stops in Forest Lake to the (I-35/97) intersection.î
Smith testifies
Forest Lake Mayor Terry Smith was Forest Lakeís first witness to testify for annexation.
Smith was insistent about the fact that Forest Lake is a regional service provider and is simply a growing community that needs more land to operate. He also said that Columbus residents donít really know where they live anyway.
ìResidents in Columbus use land in Forest Lake for shopping, dining, a post office, government centers, itís the hub of activity,î Smith said.
ìI think there is an identity that goes with that post office too.î
Smith told a story of a recent conversation he had with a store clerk. He asked the clerk where she lived and she said Forest Lake, when in fact she lived in Columbus, but since her mailing address was in Forest Lake, he said she felt she lived in Forest Lake.
Traffic was another issue that Smith gave as a reason for annexation.
ìWe already have a traffic mess in the city,î Smith said.
ìTalk to any resident who exits I-35 at 97 and ask them how long it takes them to get off the bridge. Weíre going to be doubling the volume, and as mayor I have a responsibility of planning for 20 to 25 years out for infrastructure and roads.î
It was during Smithís testimony that it was hinted that Forest Lake might be after more than just the 655 acres in the annexation petition.
Smith said it could help the cityís planning if they had the land on W. Broadway Ave.
During such deliberations, an administrative law judge can expand or reduce the size of any annexation petition based on the judgeís discretion.
Smith said heís holding out hope the judge will increase the annexation area to accommodate Forest Lakeís growth.
Columbus support
During Smithís testimony, the Columbus counsel asked him why Forest Lake hadnít sought out the support for annexation from any of the surrounding communities, or even their home county.
ìI heard all these townships mentioned,î Smith said. ìTheyíre all in Anoka County. Anoka County is going to stand up for their own.î
Smith acknowledged the city did not seek out support from Washington County because they, ìthink our facts will support our position, not personal opinions or personal opposition.î
Columbus on the other hand had resolutions from Anoka County, Blaine, East Bethel, Hugo, Linwood Township, Wyoming Township and some members of the DNR supporting the incorporation and opposing annexation from Forest Lake.
Other issues
The topic that seems to have sparked the whole annexation issue is the implementation of Columbus Townshipís sewer system and the assessments the entire freeway corridor received for the forced sewer main that they will eventually all hook up to.
Forest Lakeís city engineer, Phil Gravel, said there is nothing wrong with the engineering of the sewer. He simply said heíd assess it differently.
Upon questioning though, it was made clear that Forest Lake would assess the corridor in a similar manner to Columbus.
With the forced main already in the ground and a lift station on the east side of the corridor, there was some question as to how that would affect Columbus if the annexation was granted. Some Forest Lake memos discussed the possibility of taking over those structures, then billing Columbus for the usage.
Another big issue that Forest Lake would face if the annexation was granted is two jurisdictions for the police department.
Currently the police department has to transfer prisoners to the county jail in Stillwater and attend Washington County court there. If someone were to be apprehended or commit a crime in a newly annexed portion of the city, the police department would then have to transfer the prisoner to the Anoka County jail and go through the courts there.
ìItís just a difference of which direction our people travel,î Police Chief Clark Quiring said.
ìItís 30 minutes either way. The problem arises when court dates start getting set, but that could be worked out.î
The township and city attorneys now have 30 days from last Friday to submit additional written arguments. After the 30-day period is up, Judge Heydinger has 30 days to give her decision.
Forest Lake Times
P.O. Box 218
880 SW 15 St.
Forest Lake, MN 55025
651-464-4601
Fax 651-464-4605
