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Church, city meet on road issue

Posted: 8/18/04

By MaryHelen Swanson

On one side of the table is a church concerned with the loss of freedom of religion, on the other a city that is concerned with the needs of its people.

Monday morning, Aug. 16, five representatives from Abundant Life Church and two officials from the city of North Branch met try to come to some consensus about the construction of a portion of 392nd Street.

The road runs along the edge of the property where the congregation is building its new church.

The construction project has been underway for a while, but was red tagged - stopped - at last weekís city council meeting when an attorney for the church brought forth the issue of tax exemption for churches.

At that time, attorney Lynn Basich said the church was not willing to pay the cost of paving the road and creating a turn lane off of Hwy. 95 as required by the Minnesota Department of Transportation (MnDOT).

City Administrator Joe Lynch, in a phone conversation Tuesday of this week, said he thought Mondayís meeting went well.

He said he thinks the church members have gotten to the point they understand it would be better to build the road.

With the church protesting the cost, which could run nearly $100,000, Lynch said the city will now be pursuing a cost-sharing plan.

The city has required a 10-ton road because of the anticipated extra traffic. Normally it would require a 7-ton road. Lynch said the city might consider paying the difference between the 7- and 10-ton road which would be between $5,000 and $7,000.

Lynch said the city might also consider sharing the cost of the required turn lane because it may benefit township residents and others visiting in the area.

The turn lane added about $30,000 to the cost of the project.

Lynch noted that there were administrative, legal, engineering and bonding costs that city will take a look at cost-sharing also.
He said the church is asking that the red tag be lifted and that the conditional use permit be changed to address the cost-sharing plan (condition #2).

Lynch also said the church has agreed not to sue the city for any damages that might be incurred during the work stoppage.

He said he planned to have the cost-sharing numbers to the church by the end of Wednesday and that by next Monday nightís city council meeting there should be some recommendations to the council on a plan.

If things are agreed upon, Lynch said, the road project could proceed and be done yet this fall.

Attorney Lynn Basichís recount of the meeting was somewhat different.

She said the church wants to come to an agreement where it does not have to pay any of the road project. She said the meeting with Lynch and City Attorney Tom Miller still left the church members feeling they are losing their constitutional freedom.
Basich said she was going to stand firm on the rights of the church as provided in the state and federal constitutions.

The most important thing, she said, was to have the red tag lifted immediately.

She said the bullying tactics against the church and its contractor were outrageous. She said it was an effort on the part of the city to get the church to give up its freedom of religion.

ìReligious freedom and tax-exempt status are so precious,î she said, ìthey must not be given away in whole or in part.î

She said in all 50 states churches are tax exempt and that the city has no legal authority to tax the church.

She contended at last weekís council meeting that an assessment is a tax.

ìThe church should be allowed to practice their religious liberty free from interference and diminishment of their God-given and constitutionally granted freedoms,î she said, ìit comes down to that.î

Basich said it was a very important right to stand up for.


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