Municipal Boundary Adjustments Administrative Status Report

July 19, 2006

Open cases that require a hearing:

Statistics:

  • Total files pending:  52    
  • Consolidation proceedings: 0
  • Incorporation proceedings:  2
  • Orderly Annexation proceedings that go to hearing:  2
  • Detachment proceedings that go to hearing:  3
  • Concurrent Detachment and Annexation proceedings:  1
  • Annexation proceedings that go to hearing unless agreement is reached:  5
  • Dissolution of City: 0

Pending litigation:

  • Litigation - OA-1223/OA-1223-1 Wyoming/Wyoming Township
    2-23-06 - Rec'd Petition for Alternative Writ of Mandamus; Memorandum in Support of
    Petition for Alternative Writ of Mandamus; Alternative Writ of Mandamus and Order to
    Show Cause (filed in Ramsey County District Court) - dated 2-21-06
    3-2-06 - Rec'd City of Stacy's Notice of Intervention; Respondent-Intervenor City of
    Stacy's Claim of Entitlement to Intervention; Respondent-Intervenor City of Stacy's
    Answer to Petitioners' Petition for Alternative Writ of Mandamus
    (filed in Ramsey County District Court) - dated 3-1-06
    3-2-06 - Writ & Order to Show Cause - Ramsey County (Judge DeCourey)
    3-10-06 - Rec'd City of Stacy's Stipulation and Consent to Intervention of City of Stacy.
    3-10-06 - Rec'd City of Chisago City's Stipulation and Consent to Intervention of City of Chisago City.
    4-12-06 - Hearing on Order to Show Cause - Ramsey County - 9:30 a.m.
    5-31-06 - Mandamus Hearing - Ramsey County - 9:30 a.m.



     
  • Litigation - OA-775-2 Waite Park/St. Joseph Township
    3-24-05/4-6-05 - City and property owner request MBA to reconsider/order city resolution.
    4-29-05 - Ramsey County District Court (Waite Park's Mandamus Petition).
    5-23-05 - OAH letter to parties regarding request for reconsideration.
    6-1-05 - Ramsey County District Court Order to Show Cause (7-14-05)
    6-17-05 - OAH deadline to parties to determine if disputes still exist or proceed to hearing.
    7-14-05 - Ramsey County District Court Order to Show Cause hearing - 1:30 p.m.
    7-26-05 - Rec'd Petitioner City of Waite Park's Reply and Memorandum to Minnesota
    Office of Administrative Hearings' Response to Alternative Writ of Mandamus.
    9-8-05 - Rec'd Ramsey County District Court Order Dated 9-6-05 - Waite Park's request
    for Writ of Mandamus granted.
    9-22-05 - OAH-MBA's Notice of Appeal to Court of Appeals
    10-10-05 - Hearing on Respondent's Motion for Stay Pending Appeal and Petitioner's
    Motion for Contempt.
    10-12-05 - Rec’d Ramsey County District Court Order dated October 11, 2005; Motion
    for Contempt Denied; Motion to Stay Enforcement of Writ of Mandamus Granted
    10-14-05 - Rec'd Court of Appeals Order dated October 12, 2005; League of Minnesota
    Cities' request for leave to file amicus brief granted
    11-3-05 - Rec'd Court of Appeals Order dated November 1, 2005; review is extended
    to the October 12, 2005 judgment
    5-10-06 - Oral arguments - Court of Appeals - 9:30 a.m.
    7-18-06 - Court of Appeals Order Affirming Ramsey County District Court Order
     

 

  • Appeal - A-7212 St. Paul Park/Grey Cloud Island Township
    11-2-05 - Chief Administrative Law Judge approved annexation.
    12-1-05 - Rec'd Application for Review filed by Grey Cloud Island Township (Dated 11-30-05).
    12-23-05 - Rec'd from David Magnuson - Notice of Removal (Judge Schurrer).
    3-7-06 - Rec'd Order, dated February 24, 2006, from Judge Cass.
    3-10-06 - Record delivered to Washington District Court.
    4-21-06 - Trial - Washington County Court


     
  • A-7392 Chisago City/Wyoming Township
    A-7393 Stacy/Wyoming Township
    3-2-06 - Order of Consolidation.
    3-31-06 - Rec'd Application for Review filed by City of Wyoming and Wyoming Township
                        (dated 3-29-06).
    6-1-06 - Scheduling conference - Chisago County District Court.

 

  • Appeal - D-417 Gem Lake/A-7228 Vadnais Heights
    6-14-06 - Chief Administrative Law Judge denied concurrent detachment/annexation.
    7-12-06 - Rec'd Application for Review filed by Petitioner Robert Hansen (dated 7-12-06).
     

 

 

Pending proceedings


 

A-7371 Forest Lake/Columbus Township; Anoka County
First Hearing Date:  December 5, 2005
Next Action Required:  Decision by OAH
Administrative Law Judge Assigned:  Beverly Heydinger
  • Petition type: Annexation that automatically goes to hearing
  • M.S. 414.031, Subd. 1: Initiated by city resolution
  • Received resolution for annexation: 10-27-05
  • Acres: 655
  • Land use type:  future commercial/residential
  • Comments:  Area included in I-68 Columbus Township Incorporation
    11-10-05 - Combined with I-68 Columbus Township; denied city's request for
    mediation; referred to ALJ for hearing.
    12-8-05 - ALJ prehearing conference.
    12-29-05 - Rec'd Judge's Prehearing Order (dated & postmarked 12-9-05).
    2-13-06 - Conference call.
    3-7-06 - Rec'd letter from Judge Heydinger - public comment scheduled for
    April 25.
    4-7-06 - Discovery to be completed.
    4-24-06 - OAH Hearing; 9:30 a.m. - Columbus Town Hall
                                                             16319 Kettle River Boulevard
                                                             Forest Lake
                    Public Comment:  4-25-06  6:00 p.m. - 9:00 p.m.
    7-6-0    6 - ALJ Order Denying Annexation
                         Order is Effective 7-21-06


     

A-7392 Chisago City/Wyoming Township; Chisago County
First Hearing Date:  February 23, 2006
Next Action Required:  Hearing continued to indefinite date -see comments
Administrative Law Judge Assigned:  Steve Mihalchick
 
  • Petition type: Annexation that automatically goes to hearing
  • M.S. 414.031, Subd. 1:  Initiated by city resolution
  • Received resolution for annexation:  1-4-06
  • Acres:  3,300
  • Land use type:  residential/commercial/industrial/institutional/governmental use
    Additional notes above under Pending Litigation and Appeals.
  • Comments:  Area included in OA-1223 & OA-1223-1 Wyoming/Wyoming Township
    1-11-06 - Director determined not to order the Wyoming annexation pursuant to the joint
    resolution at this time; and consolidated the annexation petitions of A-7392 Chisago City
    and A-7393 Stacy for hearing.
    3-2-06 - Order of Consolidation
    3-6-06 - Denied request for mediation.
    3-9-06 - Referred to ALJ for hearing.
    5-15-06 - ALJ prehearing conference - 1:30 p.m.
    5-18-06 - Rec'd letter from Judge Mihalchick - 5-15-06 prehearing conference continued
    to 8-1-08; parties agreed to wait a determination by the courts before proceeding; parties
    agreed that the one-year requirement of M.S. 414.07, subd. 1 would be waived
    8-1-06 - ALJ continued prehearing conference - 3:00 p.m.


 

A-7393 Stacy/Wyoming Township; Chisago County
First Hearing Date:  February 23, 2006
Next Action Required:  Hearing continued to indefinite date -see comments
Administrative Law Judge Assigned:  Steve Mihalchick
 
  • Petition type: Annexation that automatically goes to hearing
  • M.S. 414.031, Subd. 1:  Initiated by city resolution
  • Received resolution for annexation:  1-5-06
  • Acres:  777.60
  • Land use type:  future residential development
    Additional notes above under Pending Litigation and Appeals.
  • Comments:  Area included in OA-1223 & OA-1223-1 Wyoming/Wyoming Township
    1-11-06 - Director determined not to order the Wyoming annexation pursuant to the joint
    resolution at this time; and consolidated the annexation petitions of A-7392 Chisago City
    and A-7393 Stacy for hearing.
    3-2-06 - Order of Consolidation
    3-6-06 - Denied request for mediation.
    3-9-06 - Referred to ALJ for hearing.
    5-15-06 - ALJ prehearing conference - 1:30 p.m.
    5-18-06 - Rec'd letter from Judge Mihalchick - 5-15-06 prehearing conference continued
    to 8-1-08; parties agreed to wait a determination by the courts before proceeding; parties
    agreed that the one-year requirement of M.S. 414.07, subd. 1 would be waived
    8-1-06 - ALJ continued prehearing conference - 3:00 p.m.



     

A-7400 Royalton/Langola Township; Benton County
First Hearing Date:  June 2, 2006
Next Action Required:  Hearing continued to indefinite date -see comments
 
  • Petition type:  Petition by all of the property owners with objection by the township
  • M.S. 414.033, Subd. 5:  Petition by all of the property owners
  • Received petition:  1-30-06
  • Received objection:  4-14-06
  • Acres:  156
  • Land use type:  majority residential with some commercial
  • Comments:  5-11-06 - Director invoked M.S. 414.01, subd. 16;
    Report due back July 10, 2006.
    7-17-06 - Update from city attorney - tentative agreement reached.


 

A-7431 Bovey/Iron Range & Trout Lake Townships; Itasca County
First Hearing Date:  July 6, 2006
Next Action Required:  Hearing continued to indefinite date -see comments
 
  • Petition type: Annexation that automatically goes to hearing
  • M.S. 414.031, Subd. 1: Initiated by city petition
  • Received petition for annexation:  5-11-06
  • Acres: 720
  • Land use type:  economic development
  • Comments:  Iron Range Township area (560 acres) included in OA-1266 & OA-1266-1
    Taconite/Iron Range Township - filed on May 30, 2006.
    6-19-06 - Director determined not to order the Taconite annexation pursuant to the joint
    resolution at this time.
    Parties directed to select preferred mediation process by July 14, 2006.
    7-10-06, 7-12-06, 7-13-06 - Rec'd letters and faxes from attorneys - discussions on
    mediator choices.
     




OA-775-2 Waite Park/St. Joseph Township; Stearns County
First Hearing Date:  March 3, 2005
Next Action Required:  November 15, 2005 - Hearing before OAH; continued - see comments
Administrative Law Judge Assigned:  Raymond Krause
  • Petition type: Orderly annexation that goes to hearing
  • M.S. 414.0325, Subd. 1: Initiated by city resolution
  • Received resolution for annexation: 1-13-05
  • Acres: 135.72
  • Land use type:  residential
    Additional notes above under Pending Litigation and Appeals.
  • Comments: 2-8-05 - Director invoked M.S. 414.01, Subd. 16 - Report due
    back April 11, 2005.
     3-24-05/4-6-05 - City and property owner request MBA to reconsider/order city resolution.
    5-23-05 - OAH letter to parties regarding request for reconsideration.
    6-17-05 - OAH deadline to parties to determine if disputes still exist or proceed to hearing.
    6-22-05 - Referred to ALJ for hearing.
     8-5-05 - ALJ prehearing conference.
     11-15-05 - OAH Hearing; 10:00 a.m. - Waite Park City Hall, Council Chambers
                                                                  19 - 13th Avenue, North; Waite Park
     9-29-05 - Judge Krause's letter dated 9-28-05 continuing the November 15, 2005 hearing
    indefinitely pending appeal.  Parties agreed to extension of jurisdictional deadline pending
    outcome of appeal.
     

 

OA-132-11 Morris/Morris & Darnen Townships; Itasca County
First Hearing Date: 
Next Action Required:  Hearing scheduled for July 25, 2006  9:00 a.m.
  • Petition type: Orderly annexation that goes to hearing
  • M.S. 414.0325, Subd. 1: Initiated by city resolution
  • Received resolution for annexation: 5-31-06
  • Acres: 165.50
  • Land use type:  residential
  • Comments:  6-19-06 - Parties directed to select preferred mediation process by July 14, 2006.
    7-11-06 & 7-12-06 - Parties choose David Meyers as mediator.
     


 

D-435/A-7438 St. Francis, City/Bethel, City; Anoka County
First Hearing Date:  7-18-06
Next Action Required:  Hearing continued to indefinite date -see comments
 
  • Petition type: Concurrent Detachment/Annexation that goes to hearing.
  • M.S. 414.061, Subd. 5: Petition by all of the ole property owner with supporting resolution
    of the annexing city.
  • Received petition:  5-26-06
  • Received supporting resolution of annexing city:  5-26-06
  • Acres:  40
  • Land use type:  Residential
  • Comments:  6-19-06 - Parties directed to select preferred mediation process by July 14, 2006.
    7-19-06 - Parties choose Drew Hultgren as mediator.






D-431 Storden/Storden Township; Cottonwood County
First Hearing Date:  March 24, 2006
Next Action Required:  Hearing continued to indefinite date -see comments
  • Petition type:  Detachment of property from a municipality.
  • M.S. 414.06:  Initiated by sole property owner.
  • Received petition:  1-24-06
  • Acres:  8.75
  • Land use type:  agricultural
  • Comments:  3-9-06 - Parties directed to select preferred mediation process by April 3, 2006.
    4-10-06 - Granted request for extension on due date to select mediator.
    4-14-06 - Rec'd email from Curt Jackels - tentative settlement reached/no need for mediation;
    waiting for receipt of settlement agreement.



 


D-432 Alexandria/LaGrand Township; Douglas County
First Hearing Date:  March 22, 2006
Next Action Required:  Hearing continued to indefinite date -see comments
  • Petition type:  Detachment of property from a municipality.
  • M.S. 414.06:  Initiated by all of the property owners.
  • Received petition:  1-27-06
  • Acres:  28.75
  • Land use type:  residential
  • Comments:  3-9-06 - Parties directed to select preferred mediation process by April 3, 2006.
    3-30-06 & 4-3-06 - Parties choose Drew Hultgren as mediator.


 


D-438 Grove City/Acton Township; Meeker County
First Hearing Date: 
Next Action Required:  Hearing scheduled for August 145, 2006  9:30 a.m.
  • Petition type:  Detachment of property from a municipality.
  • M.S. 414.06:  Initiated by sole property owner.
  • Received petition:  6-16-06
  • Acres:  4.33
  • Land use type: 
  • Comments:  7-20-06 - Parties directed to select preferred mediation process by August 14, 2006.



 

I-68 Columbus Township; Anoka County
First Hearing Date:  October 5, 2005
Next Action Required:  Decision by OAH
Administrative Law Judge Assigned:  Beverly Heydinger
  • Petition type:  Incorporation
  • M.S. 414.02:  Initiated by petition of 100 or more property owners.
  • Received petition: 8-12-05
  • Acres: 30,720

  • Comments:  9-28-05 - Rec'd City of Forest Lake's Notice of Appearance.
    10-18-05 - Referred to ALJ for hearing.
    10-27-05 - Rec'd resolution from City of Forest Lake (A-7371) annexation
    of approximately 655 acres included in I-68
    11-10-05 - Combined with A-7371 Forest Lake/Columbus Township
    12-8-05 - ALJ prehearing conference.
    12-29-05 - Rec'd Judge's Prehearing Order (dated & postmarked 12-9-05).
    2-13-06 - Conference call.
    3-7-06 - Rec'd letter from Judge Heydinger - public comment scheduled for
    April 25.
    4-7-06 - Discovery to be completed.
    4-24-06 - OAH Hearing; 9:30 a.m. - Columbus Town Hall
                                                             16319 Kettle River Boulevard
                                                             Forest Lake
                    Public Comment:  4-25-06  6:00 p.m. - 9:00 p.m.
    7-6-06 - ALJ Order Approving Incorporation
                         Order is Effective 7-21-06
                         Incorporation is effective upon election & qualification
                         of new city council.      


 

I-69 New Scandia Township; Washington County
First Hearing Date:  February 14, 2006
Next Action Required:  Hearing continued to indefinite date -see comments
Administrative Law Judge Assigned:  James LaFave
  • Petition type:  Incorporation
  • M.S. 414.02:  Initiated by resolution of the township.
  • Received petition:  12-28-05
  • Acres:  25,447

  • Comments:  2-9-06 - Referred to ALJ for hearing
    5-3-06 - ALJ prehearing conference - 3:00 p.m.
    5-8-06 - Rec'd from Judge LaFave - motion schedule.
    5-24-06 - ALJ prehearing conference - 2:00 p.m.
    7-19-06 & 7-20-06 - OAH Hearing; 9:30 a.m.
                                               New Scandia Township Board Room
                                               Scandia
                    Public Comment:  7-20-06  7:00 p.m.
                                                New Scandia Township Community Room