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Public comment
By Anne Thom
One of the hallmarks of the U.S. judicial system is due process. No matter who you are or what you do, you are entitled to be heard in court.
A public hearing was held on Wednesday, March 26 to give everyone who wished to be heard in the matter of Wyoming and Wyoming Township’s orderly annexation that opportunity. Administrative Law Judge Steve Mihalchick presided over a room filled with Chisago County residents.
See also: Annexation under consideration: What officials had to say
Judge Mihalchick had taken testimony from Chisago City representatives and City of Wyoming and Wyoming Township representatives. Representatives from the City of Stacy would be heard on Thurs., March 27. Judge Mihalchick announced this public meeting is his opportunity to entertain public opinion.
The Judge addressed the citizens saying he wanted to know how the people of the area are affected and how the people of the area feel about the annexation issue. “I’ve had lots of evidence from the city’s public interest and the lawyers, but I’m interested in what the public has to say” Judge Mihalchick said.
The Judge placed his business cards on the table and encouraged those who did not wish to speak publicly to e-mail him or send him some form of written testimony.
For the residents of Wyoming Township, they are resigned to annexation but wished to have their opinion heard as to by what city and under what circumstances would annexation be acceptable. Wyoming and Wyoming Township have worked out an agreement for orderly annexation. Stacy and Chisago City have both filed suit to end that agreement citing their best interests and the best interests of property owners contiguous to those cities would be better served by being annexed into their respective cities. One municipality must prove to the court that annexation is in the best interest of Wyoming Township residents based on ability to govern and to deliver services.
If you ask them, they will come. There was standing room only as nearly 75 residents filled city hall and two dozen came up to place their testimony into evidence.
Citizens had signed up in an orderly fashion to speak, orderly being the operative word heard throughout testimony as well. The Judge called out their names and citizens made their way to the front of the room. As the court reported logged testimony, the Judge requested that people state their names and indicate for the court by using a map, show where their property is located.
Only two people spoke against allowing the orderly annexation. Sue Skow, Chisago City Councilor said Chisago City has planned for and “invested substantially” in infrastructure to plan for future growth. She cited the city’s Comprehensive Plan as well as the Chisago Lakes Joint Sewage treatment Commission (CLJSTC) as examples. “Our taxpayers have paid for that (infrastructure) as have our developers,” Skow said.
Tony Peterfeso of Chisago City said “the stuff in the paper has been ridiculous.” He wanted to show the court his property tax bill saying his property taxes had actually declined because of the growth in Chisago City’s infrastructure. Peterfeso thought perhaps the Judge should consider keeping areas together by the post office that served the common area. “It would make more sense to stay there than to send them to another post office” he said.
Peterfeso said “the reason townships exist is for future growth of the city. The township is there for everybody and these cities that surround it” he claimed.
There were some notable residents waiting their turn to speak. Lent Town Board Chairman Gene Olson explained how Lent Township has recently worked out orderly annexation agreements with both Chisago City and Stacy. Olson was in favor of orderly annexation agreements citing Lent’s experience as proof those agreements do work. “Wyoming and Wyoming Township should be allowed to have their orderly annexation as they planned” Olson said.
State Senator Rick Olseen wanted Judge Mihalchick to understand that “annexation is not working very well in Minnesota,” perhaps an understatement given all the testimony the Judge is hearing. Olseen said he feels that “if a city and a township have come to an agreement on a merger the Judge would have to consider that.”
State Representative Jeremy Kalin followed Olseen telling Mihalchick “it’s in the best interest to honor the orderly annexation agreement.”
There were no representatives from the city of Stacy in attendance, however, attorneys from the law firm of Hoff, Barry and Kozar who represent Stacy in this matter were present. Judge Mihalchick heard from speaker after speaker who asked him to please consider what the township residents want and allow for the orderly annexation with the City of Wyoming to go through.
Mark Utecht, Wyoming Town Board Supervisor cited the historical connection between the Wyomings telling Judge Mihalchick, “Wyoming is most invested in the health and welfare of the community.” He disagreed with Stacy’s statement that he had been solicited for his feelings on joining the city of Stacy or that he had requested to be a part of Stacy. “I have never been asked to be part of Stacy. I do not want to be part of Stacy,” Utecht said.
Wyoming resident Robert Bohnen pointed to his property on the map saying, “That’s where I bought, that’s where I want to stay. I do not want to live in Chisago City.”
Nancy Immel lives in Wyoming Township and owns a business near Chisago City and a business in the city of Wyoming. She said her residential and business would be best served through and orderly annexation agreement between Wyoming and Wyoming Township being upheld.
Resident Cameron Strand whose property borders Chisago City put it most bluntly, “we would be better served by staying with the city of Wyoming,” he said citing jobs, growth and business climate.
Wyoming Township resident Norm Toltzman told Judge Mihalchick that Wyoming and Wyoming Township “have always worked together for the best of both communities.” Toltzman has lived along Hwy. 8 on or near the family farm that was homesteaded in 1908. He is a past member of the Wyoming Town Board and he felt that in terms of services including amenities and public safety, it is in the best interest of the citizens of Wyoming Township to pursue orderly annexation with Wyoming.
Wyoming Township Kurt Krueger had a question rather than a statement. He wanted to know why, since Wyoming and Wyoming Township already had an agreement, were Chisago City and Stacy allowed to bring legal action. Judge Mihalchick explained Chisago City and Stacy’s involvement stemmed from a previous legal challenge where he did not make the decision. Judge Mihalchick in turn quizzed Krueger, “I take it nonetheless you favor orderly annexation (between Wyoming and Wyoming Township)?” Krueger’s answer was an affirmative.
Wyoming Township Tom Rosner was more blunt, “I am against, and in Economics Class 101 we all know who the land grabbers are around here.” Rosner said he had taken an informal survey of the 20 or so residents in the development he lives in. All are satisfied with the services and the community as they exist now.
Judy Coughlin of Wyoming Township thanked Judge Mihalchick for hearing what the residents had to say. She said she felt as if they had not been heard previously. She told Mihalchick as a member of the Wyoming Township Advisory Committee, Comprehensive Plan Committee and Planning Commission the township has been planning to join Wyoming. She felt the city of Wyoming had taken the concerns of the township residents into consideration where Chisago and Stacy had not. Coughlin said, “I feel a lot of animosity toward Chisago. I feel no connection to Chisago City. I’m just not part of that community.”
Coughlin spoke about services and infrastructure from her experience with the committees she has worked on. She said that ordinances are in place to maintain private wastewater systems and that public safety is adequate and neither would be improved by annexation into Chisago City. Coughlin also threw out the “land grabber epithet.
Douglas Stoltzman, born and raised in Wyoming Township agreed “we want nothing to do with annexation, we want to see our rights preserved,” he said.
Jerry Owens asked the Judge to take a poll. “You would find even some of the Chisago City residents are against Chisago” he said.
Dan Anderson told the Judge he has spoken to acquaintances who were annexed into Chisago City in recent years and he has been told their “taxes have gone up quite a bit” but “their services have gone down” and for those reason “I’d just like to stay in Wyoming.”
Wyoming resident Robert Taylor explained to Mihalchick from where he lives and where he travels for work, he would find no benefit in being part of any other city. “So you don’t think all roads lead to Chisago?” Mihalchick asked. This drew laughter as this statement had been part of Chisago City’s testimony as to what they have to offer.
There was evidence though that wherever the road leads it may not be unanimous. Wyoming Councilor Gary Menne told the Judge, “there are disturbing issues surrounding this annexation.”
He said Wyoming Mayor Sheldon Anderson and Wyoming Town Board Chairman Roger Elmore “haven’t kept residents informed.”
Menne had seated himself in the audience with Skow and Peterfeso. Menne felt the growth projections cited by the two Wyoming’s were “unrealistic” and that the “tax base was overstated.” He told the residents that with orderly annexation would come a tax increase of 18.3-24 percent. While Menne had papers in hand, he turned nothing over to Mihalchick as evidence. Menne was also upset over the cost of the legal proceedings. He said among all the parties, the legal costs would add up to more than one million dollars.
Menne was rebutted later in the meeting by Councilor Tom LaBarre. LeBarre said the orderly annexation agreement had been arrived at through an open and cooperative process. “All the information has been available” he told Mihalchick.
Wyoming Township resident Steve Krengle told Mihalchick his name was pronounced “like Kris Kringle,” and that’s where any jolliness ended.
Krengle talked about the animosity and bad feelings still felt as a result of the last annexation battle between Wyoming Township and Chisago City.
He told the Judge that he didn’t understand why they were back at the table now as the residents of Wyoming Township had been told “at no foreseeable future would they need any land from us.”
Krengle added that he had also been told taxes in that annexed area were now on the increase and that neither Stacy nor Chisago City could do a better job in providing services for residents.
“Stacy, if it wasn’t for Lent, wouldn’t have a fire department,” Krengle said. He ended the hearing telling Mihalchick “They’re trying to take prime real estate. It doesn’t make sense.”
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