February 15, 2007 at 7:32 a.m.

Township backs annexation settlement unanimously; sends agreement to Chisago

Township backs annexation settlement unanimously; sends agreement to Chisago
Township backs annexation settlement unanimously; sends agreement to Chisago

The Chisago City Council Tuesday night this week, was to review a proposal to settle the contested annexation case. The proposal was unanimously adopted by the Wyoming Township Board in special session February 8 at the township hall.

Wyoming Township won't get all the property it has sought under a plan to eradicate the township and consolidate into Wyoming City; but neither would Chisago City get all it has sought, under this settlement.

We got to this point after the Wyoming Township Board and Chisago City Council authorized two members from each entity to meet over the past few weeks.

David Giese and Don Taylor were delegates from Chisago City and Roger Elmore and Ron Swenson represented Wyoming Township. Their goal was to try to negotiate an out-of-court settlement to the contested petition consolidating the township and Wyoming City into one Wyoming City.

Chisago City "contested" the inclusion of 3,300 township acres in this consolidation and asked a judge to allow the city to become a party to the boundary review process.

The court ruled Chisago City did have a basis for its request.

The ruling was appealed by Wyoming Township and the City of Wyoming to the Court of Appeals; but the appeals court docket is busy and months have passed with no firm hearing date for the appeal.

Township Chair Roger Elmore said Thursday night the potential settlement is predicated on identified contested property owners deciding which city their land is going to be in.

The negotiations between the four elected officials failed to come to terms on acreage bartering, so now the township and city will personally meet with key landowners in the contested area. The priority is to try to get parcels that are now split into Chisago City and township boundaries combined into one. There are also properties identified where prior petitions to annex the parcels into Chisago City are questioned.

The settlement calls for representatives from the city and from the township to meet with approximately 16 property owners to learn their preference. The city and town representatives were not named. In the township motion forwarding the settlement the number was left open-- there may be two from each entity visiting with landowners or perhaps one from each entity.

Township Supervisor Mark Utecht summed up his support for this process, saying, "We want to give people who want to go into Chisago City a chance to...but we still need to remain viable as the new city (Wyoming)."

Even with a settled process to continue the township and city's pursuit of consolidation, a Chisago City boundary could continue to be a moving target.

According to the information presented in the special meeting parcel owners who continue to annex into Chisago City could opt to detach at any point in the future. The township isn't addressing those parcels at this time, however. (A detachment also would require a four-fifths vote on behalf of both the township and Chisago City.)

Elmore said there's a general feeling some property owners who have unfinished petitions to enter Chisago City were "coerced" to annex under false pretenses. This settlement process with the personal visitation to landowners will determine the parcel owners' preferences for the record.

Supervisor Pat Fandel asked why the township would agree to "give up" some of the contested land mass when "...we feel we can win in court." (If all identified contested parcel owners opt for Chisago City-- there'd be 600 acres deleted from the consolidation petition.)

Elmore responded that the outcome of the legal battle is uncertain at best and could get lengthy. "All three appeals court judges could send it to an ALJ (administrative law judge) and we'd still be in court." Elmore added it's his impression that the elected persons now serving on the Chisago City Council and his fellow supervisors are tired of this issue and want it resolved.

Wyoming Township Board also was scheduled to meet Tuesday, Feb. 13 in regular session; so Elmore explained that Chisago City Mayor Don Taylor will probably be the one to layout the settlement proposal for city council consideration.

The city of Stacy has also asked the courts to allow it to be involved in the boundary adjustment, seeking a number of acres nearest to Stacy that the township now includes. The settlement being reviewed is not taking the Stacy stance into consideration.

Elmore said it would be nice if Chisago City acts favorably laying the groundwork for a similar settlement later with Stacy.

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