Late last week, I accompanied Ortonville Township officials to St. Paul, where they testified in favor of HF 1425, a bill designed to curb the abuse of annexation by ordinance by cities in Minnesota.
Along with their testimony, the township officials provided members of the House Government Operations Committee with a map of the proposed Strata quarry site parcels, as subdivided to allow the City of Ortonville to circumvent Minnesota state law allowing annexation by ordinance of only 120 acres per owner per year.
Ortonville Township was not the only township present to testify about abuses of annexation by ordinance by neighboring municipalities, but it turned out that their testimony, and especially the “reality of the map” was a key element in persuading the Representatives that some highly “creative” work-arounds are taking place in greater Minnesota.
Ortonville Mayor Steve Berkner was also present, and testified about how his city struggles to attract new development. It wasn’t clear from his testimony how the new developments described (except for the quarry) required more than 120 acres, but he didn’t field any questions on that point.
And since Mayor Berkner’s testimony preceded that of Ortonville Township Supervisor Al Webster (and the distribution of the city’s annexation map), it was Craig Johnson from the League of Minnesota Cities, who testified alongside Bradley Peterson from the Coalition of Greater Minnesota Cities, who ended up in the hot seat about Ortonville’s apparent end-run around the process.
Some excerpts of those questions:
Representative Hansen: “I understand what you’re saying about process and complexity, but then I look at this map, and I see…you know, I’ve seen some creative redistricting lines in the past, but this is really, really something, I mean in terms of creativity to have annexation. So, how do we deal…I think the bill is probably here because we’re dealing with the reality of the map and when we have a creative action to try to provide…getting around the process. So, how do you deal with this? How…if we don’t have a bill for the existing process, how do you deal with this? Because this doesn’t look right. This looks extremely creative, and when we have this much creativity here, I think people start asking questions. When people try to be as creative…if this was a redistricting map we’d say wow–quite something. For annexation…I say wow, this is…this is quite something. So how do we deal with this? How do citizens deal with this if it happens in Minnesota?”
Representative Freiberg: “I can see Representative Hansen’s point here because the map did really kind of jump out at me, and it does seem like it’s an effort to work around the 120 acre limit that’s in here, comparable to some kind of gerrymandering proposal, like he suggested. So, to me at least the issue is not just whether any potential legislation would fix this specific situation. I have to imagine, though, when something like this happens once it seems like there’s the potential it could happen again. So it does seem like potentially there is the need for some sort of legislation just to prevent what appears to be an end run around the law from happening again.”
You can listen to the entire hearing on HF 1425 here. The portion I have referenced above starts at about 46:06.
In the past couple of weeks, Representative Andrew Falk (who authored HF 1425, and represented Big Stone County before the recent redistricting) has taken quite a drubbing from Mayor Berkner through various local media outlets and in the last city council meeting. According to Berkner, Rep. Falk has “attacked” the City of Ortonville through recent legislation and acted on matters that are outside his district.
But a wider perspective clearly indicates that the way in which Ortonville attempted to annex the proposed Strata quarry site ran afoul of the spirit of Minnesota law, and even the League of Minnesota Cities isn’t denying it. The question then becomes, how best to curb this kind of creativity-in-annexation and still allow for good development across the state.
While HF 1425 is tabled for the time being, Committee Chair Rep. Michael Nelson secured commitments from the Minnesota Association of Townships, the League of Minnesota Cities, and the Coalition of Greater Minnesota Cities to sit down and work out a compromise to remedy the situation in Big Stone County, so that it might not end up affecting the entire state.
With a Strata quarry Conditional Use Permit public hearing scheduled for tomorrow night (Tuesday, April 7th) at 7pm in Ortonville Public Library’s media center, we’ll soon have an answer to whether the City of Ortonville is as committed to negotiating as are the other parties involved, or if they will persist in a course of action that clearly violates the spirit of Minnesota law.