|
|
OAH 2-0330-19411-BA |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MUNICIPAL BOUNDARY ADJUSTMENTS UNIT
|
In Re Petition for
Incorporation of Burns Township pursuant to Minnesota Statutes § 414 (I-70) |
FINDINGS OF FACT, CONCLUSIONS AND ORDER |
The above-entitled matter came on for
hearing before Administrative Law Judge Raymond R. Krause on February 28, 2008,
at the Burns Township Hall,
Christian R. Peterson, Burns Township
Attorney, of the law firm of Randall & Goodrich,
Whether the Petition for Incorporation of
Burns Township should be granted or denied based on the factors set forth in
Minn. Stat. § 414.02.
The Administrative Law Judge concludes
that the Petition for Incorporation of Burns Township (I-70) should be granted.
Based on the evidence in the hearing
record, the Administrative Law Judge makes the following:
1.
On December 12,
2007, the Township filed a Petition with the Office of Administrative Hearings,
Municipal Boundary Adjustments (OAH-MBA) requesting the incorporation of
2.
The hearing on
the Incorporation Petition was opened on January 30, 2008, and continued
to an indefinite date pending completion of the agency review and delegation
for further evidentiary hearing.
3.
Christine M.
Scotillo, the Executive Director of OAH-MBA set the Petition on for hearing on
February 28, 2008, at 9:00 a.m. in front of Chief Administrative Law Judge
Raymond R. Krause.[1]
4.
5.
Its boundaries
are legally described as: All of
sections 1 through 36, Township 33 North, Range 25 West,
Factors for
Incorporation,
Present population and number of households, past
population and projected population growth for the subject area
6.
In 2006, the
Township had a population of 4,308 people, consisting of 1,386 households. From 1970 to 2000, the population of the
Township grew from 1,129 to 3,557 people.
The number of households grew from 281 in 1970 to 1,123 in 2000.[4]
7.
The Metropolitan
Council projected in the 2006 Development Framework that the Township population
will grow to 4,480 by 2010; 4,990 by 2020; and 5,800 by 2030. The Council projected that the number of households
will grow to 1,530 by 2010; 1,820 by 2020; and 2,120 by 2030.[5]
8.
The Township’s
population growth has consistently outpaced Metropolitan Council
predictions. For instance, the Township
surpassed the Council’s 2020 population estimate in 2000. In the Township’s estimations, it will grow
to a population of 5,049 by 2012, and the number of households will increase to
1,649.[6]
9.
The population
in the Township has increased by 215% from 1970 to 2000, compared to a 93%
increase in
10.
In 2000, the Township
was the 18th most populous township of 1771 townships in the State, and ranked in
the 99th percentile of township populations.
The Township had a larger population than 692 of 853 cities in the
State, and ranked in the 81st percentile of city populations. The Township’s 2006 population exceeds that
of 59 cities in the seven county metropolitan area, five of which are in
11.
In 2006, the
townships of Columbus and New Scandia were incorporated. The 2006 population of the Township exceeded
the 2006 population of both new cities.[9]
Quantity of land within the subject area; the natural
terrain including recognizable physical features, general topography, major
watersheds, soil conditions and such natural features as rivers, lakes and
major bluffs
12.
The Township consists
of 22,524 acres or approximately 36 square miles. The landscape is moderately rolling, with a
few areas of steep slope. Wetlands and
surface waters account for approximately 6100 acres or 27% of the Township area. There are 11
13.
All of
Present patterns of physical development, planning
and intended land uses in the subject area including residential, industrial,
commercial, agricultural, and institutional land uses and the impact of the
proposed action on those uses
14.
The Township has
two commercial-industrial parks located at the intersections of County Roads 22
and 5 (“the 22/5
15.
The Township
developed the 22/5 Commercial Park after it purchased rural residential land and
rezoned it for commercial development.
The Park contains 28 private businesses.
Eight lots in the Park have been sold but remain undeveloped. Two lots in the Park remain unsold. The
16.
The Township
developed the 22/47
17.
The remaining
land in the Township consists of suburban residential development. Approximately 69% of the Township, including the
commercial-industrial property, has either been developed or is undevelopable because
of wetland or water-related restrictions. Approximately 90% of the land that has been
developed consists of residential lots that are 20 acres or smaller. The average residential lot size in the
Township is 5 acres. Some higher density
lots exist in a planned unit development in the northeastern corner of the
township. Most of the homes built on
residential lots are single-family dwellings, with four or five bedrooms and an
average value between $300,000 and $600,000. These homes are generally new construction,
built by homebuilding companies from surrounding cities such as
18.
Residential
development in the Township has increased each decade, with an exponential
increase in development since 2000. The
Township has platted 340 new residential lots since 2000, and 674 new homes
have been constructed since 1992. This
residential growth is expected to continue.[15]
19.
The residential
development in the township is similar to that in the cities of
20.
The Township
currently has little commercial agricultural development. There are two dairy farms and a few cattle
farm operations in the Township.[17] The remainder of the commercial farm land in
the Township is used largely for hay and corn production. Because the Township is mostly developed, the
majority of the agricultural land has been subdivided into lots that are too
small to be farmed.[18] The increased demand for residential
properties has caused land values and property taxes to rise, which is another
factor that makes farming impractical within the Township.[19]
The present transportation network and potential
transportation issues, including proposed highway development
21.
There are
approximately 59 miles of roads in the Township, including state highways, and county
and township roads.[20]
22.
State Highway 47
runs north along the eastern border of the Township, through the neighboring
City of Oak Grove to
23.
The Township is
also serviced by three State-Aid Anoka County Roads: County Road 22 runs east-west
through the center of the Township; County Road 5 runs north-south through the
center of the Township; and County Road 24 runs east-west through the northern
portion of the Township. Other Anoka
County Roads in the Township include County Roads 64, 65, 67, 69, 70, 82, and
163.[21]
24.
The Township’s Capital
Improvement Plan includes a road maintenance and development schedule through
the year 2017. Between 2013 and 2017 the
Township plans to spend approximately $1.95 million to reconstruct and pave
Township roads.[22] A significant proportion of that $1.95
million is slated to come from Municipal State Aid road funding, which the
Township is not eligible to receive unless it incorporates.[23]
25.
Upon
incorporation, the Township will lose approximately $17,260.00 in county road
aid, but it will receive approximately $26,000 in Local Government Aid from the
State of
Land use controls and planning presently being
utilized in the subject area, including Comprehensive Plans, policies of the
Metropolitan Council; and whether there are inconsistencies between proposed
development and existing land use controls
26.
The Township has
had land use controls in place since 1957.[27]
27.
The Township has
established a planning commission.[28]
28.
The Township adopted
its Comprehensive Plan in 1980 and updated the Plan in 1993 and 1999. It is currently updating it again, as
required by the Metropolitan Council.[29]
29.
The
Comprehensive Plan sets forth a strategy that allows the Township to retain its
rural character while planning for the continuing urbanization of the
Township. The Plan’s strategy allows the
Township to preserve a desirable community identity and character.[30] The Township has effectuated this goal by centralizing
commercial development to deter annexation by neighboring cities.[31]
30.
The Township has
a Zoning Ordinance and a Subdivision Ordinance.[32] The Township administers these Ordinances,
and reviews all applications for subdivisions, plats, conditional use permits,
and variances.
31.
Existing levels of governmental services being
provided to the subject area, including water and sewer service, fire rating
and protection, law enforcement, street improvements and maintenance,
administrative services, and recreational facilities and the impact of the
proposed action on the delivery of the services
32.
The Township
exercises limited urban powers granted to it by Chapter 157 of the 1963
Minnesota Session Laws, Chapter 1098 of the 1970 Session Laws, and Chapter 586
of the 1973 Session Laws. These laws granted
townships many of the powers currently held by cities, including full city
zoning and subdivision authority, and the power to enact ordinances, create
township departments and advisory boards, levy special assessments, adopt a
building code, establish a fire department, and establish streets without a
citizen petition.[35]
33.
The Township
employs three full-time office staff, including a Town Clerk-Treasurer, an
Administrative Assistant, and a Building Official.[36] As part of his duties, the Town Clerk-Treasurer
administers the affairs of the Township and prepares the budget. The Town Clerk-Treasurer is an appointed
position. The Administrative Assistant
provides general secretarial and receptionist duties. The Building Official enforces the Township’s
ordinances and conducts all building and septic inspections. The Township’s office staff maintains regular
business hours, weekdays from 8:00 a.m. to 4:00 p.m. It is uncommon for a township to have any
full-time staff.[37]
34.
The Township
provides several administrative services to its residents. It issues dog licenses, and licenses for the
sale of tobacco and liquor. It issues
voter registration cards, and absentee ballots, and administers primary,
general, and township elections. It
performs special assessment and parcel search services. The Township also maintains a website and publishes
a Township newsletter.[38]
35.
The Township
employs three part-time maintenance workers.
The workers maintain the Township streets, buildings, parks, playground
equipment, recycling center, vehicles and equipment. The Township has several pieces of
maintenance equipment, including a grader, a pull-behind packer, a 12’ snow
plow, a 9500 tandem dump truck, a general-purpose maintenance truck, a skid
loader with trailer, a ditch mower, a wood chipper, and a brush cutter.[39]
36.
The Township has
a five-person Town Board, consisting of four board members and one chairperson. The Township also has four commissions and
committees, including a nine-member Planning and Zoning Commission; a seven-member
Road and Bridge Committee, a seven-member Parks and Recreation Committee, and a
five-member Architectural Review Committee.
Upon incorporation the city council would continue to be a five-member
governing body, consisting of four councilpersons and a mayor. The constituents would elect the mayor. Currently, the Town Board elects its chairperson.
37.
The Town Clerk-Treasurer
prepares a tentative annual budget for the Township after reviewing the income
and expenses for the prior year and taking into account any upcoming
projects. That tentative budget is
reviewed by the Town Board. Between 2000
and 2008 the Township budget has grown from $474,657 to $1.3 million.
38.
The annual
budget is presented to the Township residents for approval at the annual
meeting in March. Any eligible voter who
attends the meeting can vote on the proposed budget. There are approximately 2,678 eligible voters
in the Township. At the meeting, the residents
vote on the amount of money that will be levied by the Township to support its
proposed budget. The March meeting is
typically reconvened to August because of the difficulty in forecasting expenses
so far in advance. Approximately 35
people attend the March meeting.
Approximately five people attend the August meeting and vote on the levy
after a brief half-hour review and discussion of the budget. The low participation of Township electors
makes the budget approval process inconsistent from year to year, which makes
it difficult for the Township to engage in long-term financial planning. Upon incorporation, the budget would be
developed and approved by the City Council.[40]
39.
The Township
currently manages wastewater with individual sewer treatment systems (septic
systems). The Township has a septic
system ordinance that sets standards for the design, location, construction,
and operation of these systems. The
ordinance requires septic tank inspections and pumping every three years.[41] The Township Building Official is responsible
for tracking compliance with the ordinance.
40.
The Township
does not have plans to convert to a municipal sewer treatment system in the
foreseeable future. The large lot sizes
that are common in the Township are well suited to individual sewer treatment
systems, and these systems are more economical than municipal sewer systems.
41.
All of the land
in the Township is located outside of the Metropolitan Urban Service Area
(“MUSA”).[42] The Metropolitan Council does not plan to extend
metropolitan sewer services to any part of the Township before 2030. The closest MUSA sewer line is located
approximately five miles from the Township border. The closest sewer line that could provide
service to the Township is located in the southern portion of the City of
42.
The Township has
a newly constructed fire station. Fire
services are provided to the Township through a joint powers agreement with the
City of
43.
Although the
Township has plans to purchase fire equipment over the next ten years, the
possibility of annexation and the corresponding reduction in Township tax base
makes it difficult for the Township to commit to long-term asset expenditures
for the fire department. Incorporation
would stabilize the Township’s borders and its tax base, and make it easier to
fund necessary fire fighting equipment.
44.
The Anoka County
Sheriff’s Office provides police services for the Township.[45] Several witnesses testified that although many
people in the community believe that the Township should contract for regular
patrol service with the Anoka County Sheriff’s Office, the electors at the
annual meeting have so far refused to fund such a contract, effectively
prohibiting the Town Board from providing additional police services to the
Township.[46]
45.
The Township
operates two parks:
46.
The Township
owns and operates a 24-hour recycling center located near the Town Hall. The recycling center allows individuals to
recycle paper, plastic, metal, appliances, and tires free of charge. The Township also sponsors a semi-annual
clean-up day where the Township collects recyclables, appliances and
electronics.
47.
The Township
effectively operates as a city. It
administers its own zoning and subdivision regulations and conducts its own
planning. It furnishes most of the
services of a city, including fire protection, street improvement and
maintenance, administrative services, parks and recreation services, and
community waste disposal services. The
Township will continue to perform these services upon incorporation.
48.
Upon
incorporation, the Township will need to provide certain additional services to
its residents that are currently provided by
Existing or potential environmental problems and
whether the proposed action is likely to improve or resolve these problems
49.
The Township is
not presently experiencing any environmental problems.[49] The Township regulates the use of septic
systems via a septic system ordinance which is consistent with or more
stringent than MPCA standards, and requires all property owners to have their
septic systems inspected every three years.[50]
50.
The Township is
party to several joint powers agreements drafted to protect the Township’s
natural resources. These joint powers
agreements include the Anoka Conservation District Joint Powers agreement,
which provides for environmental conservation within the Township’s community
planning; the State Trunk Highway 47 agreement, which provides for
environmental assessment and mapping of Highway 47; the joint powers agreement
to administer the County Shoreland Ordinance; and the Upper Rum River Watershed
Management Organization agreement.[51] The protection of natural resources is a
primary goal of the Township’s Comprehensive Plan.
Fiscal impact on the subject area and adjacent units
of government, including present bonded indebtedness; local tax rates of the
County, School District and other governmental units, including, where
applicable, the net tax capacity of platted and unplatted lands in the division
of homestead and nonhomestead property; and other tax and governmental aid
issues
51.
The Township
would suffer a net loss of approximately $3,000 in the first few years after incorporation,
comprised of the additional expense of approximately $12,000 per year in
prosecution costs and a loss of County gas tax money in the approximate amount
of $17,000, and a gain of approximately $26,000 in Local Government Aid.[52] After five or six years, when the Township is
expected to reach a population of 5,000, the City could expect to receive
Municipal State Aid money in the approximate amount of $240,000 annually, resulting
in a net fiscal gain of $237,000 annually.[53]
52.
At the end of
2007, the Township had outstanding debt in the amount of $1,145,000.[54]
53.
The Township has
an A3 bond rating from Moody’s based on its conclusion that the Township was
well-managed and has strong future growth potential. It is uncommon for townships to have bond
ratings, but the rating is common for a city with a population between 4,000
and 5,000.
54.
The Township is
not currently able to engage in tax increment financing (“TIF”).[55] Upon incorporation, the Township could
utilize tax increment financing to encourage economic development and
redevelopment.[56]
55.
Incorporation
would allow the Township to stabilize its tax base by solidifying its
borders. Therefore, the Township would
be in a better position to engage in budgeting for long-term project
planning.
56.
There is no
evidence that Incorporation would have any impact upon the local tax rates of
Relationship and effect of the proposed action on
affected and adjacent school districts and communities
57.
The Township is
served by three school districts: Elk River, St. Francis, and
58.
The adjacent
cities and townships that could be impacted by the incorporation are the cities
of Elk River, St. Francis, Oak Grove, Ramsey, and
Whether delivery of services to the subject area can
be adequately and economically delivered by the existing government
59.
The Township
cannot adequately and economically deliver the necessary services to its
residents. The threat of annexation and
the limited electorate participation in the budgeting and levy process lead to
an instability in funding. The
instability prevents the Township from making long-term capital investments,
such as the acquisition of fire fighting equipment. The decentralized decision making authority
of the Town Board also prevents the Township from contracting for regular
police patrol services. The Township is
an inadequate form of government and it cannot efficiently deliver the services
necessary to the Township residents.
Analysis of whether necessary governmental services
can best be provided through the proposed action or another type of boundary
adjustment
60.
After
incorporation, the Township will be able to deliver the necessary governmental
services to the thirty-six square miles within its jurisdiction. The Township is an urban township currently
operating as a city. It furnishes most
of the services of a city, including fire protection, street improvement and
maintenance, administrative services, parks and recreation services, and
community waste disposal services. It
has a professional administrative staff.
It has adopted and administers its own zoning and subdivision
ordinances. It prepares and administers
its budget. Incorporation will allow the
Township financial stability because it will no longer be subject to annexation
by adjacent cities, or the uncertainty of the budget adoption process at the
annual meeting, and it will have the benefit of economic development tools such
as tax increment financing.[58]
Degree of contiguity of the boundaries of the subject
area and adjacent units of local government
61.
The Township’s
boundaries have remained the same since its organization nearly 150 years ago.[59] The boundaries consist of four straight
lines, each six miles in length on the Township’s north, south, east and west
boundaries, respectively, forming a perfect square.[60] The current boundaries are easily identified,
easy to administer, and all located on section lines.
62.
Annexation of
any portion of the Township to a neighboring city would disrupt the current
contiguity established nearly 150 years ago, and would serve no purpose
supported in the record.
Analysis
of the applicability of the
63.
The State
Building Code is currently enforced by the Township. The Township employs a building official to
administer the Code.[61] The Township will continue to be subject to
the Code after incorporation.[62]
Based upon the
foregoing Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1.
The Administrative
Law Judge has jurisdiction in this matter through the Office of Municipal
Boundary Adjustments, pursuant to Minn. Stat. §§ 414.01, 414.02, 414.031 and
414.12, and by the assignment of the Director of Municipal Boundary Adjustments
Unit to the Office of Administrative Hearings.
2.
All of the
jurisdictional prerequisites have been met and the petition is properly before
the ALJ for disposition.
3.
Proper notice of
the hearing in this matter has been given.
4.
5.
Incorporation is
required to protect the public health, safety and welfare of
6.
Incorporation is
in the best interests of
7.
No part of
8.
No adjustment of
9. These
Conclusions are arrived at for the reasons set forth in the following
Memorandum, which is incorporated into these conclusions by reference.
Based upon these Findings of Fact and
Conclusions, and for the reasons set forth in the accompanying Memorandum, the
Administrative Law Judge makes the following:
ORDER
IT IS
HEREBY ORDERED THAT:
1.
The Petition for
Incorporation of Burns Township (I-70) is GRANTED.
2.
3.
The
Incorporation shall be effective upon the election and qualification of the
4.
The form of
government for the City shall be the “Optional Plan A” form. An election of a mayor and four council
members shall be held not less than 45 days nor more than 60 days from the
effective date of this Order. Corrie
LeDoucer shall be the acting clerk for the election and shall prepare the
official ballot. Affidavits of candidacy
shall be filed not more than four weeks and not less than two weeks before the
date of the election. The polling place
shall be the Burns Township Hall. The
election judges shall be appointed from those serving in the last Town election
or previous Town elections. The hours of
the election shall be 7:00 a.m. to 8:00 p.m.
Candidates shall be permitted to file for the position of Mayor whose
term shall expire on December 31, 2008, a Council Member seat whose term shall
expire on December 31, 2010, or a Council Member seat whose term shall expire
on December 31, 2008. The two candidates
filing for the Council Member seats expiring on December 31, 2010 who receive
the most votes shall be elected to terms ending December 31, 2010. The two candidates filing for the Council Member
seats expiring on December 31, 2008 who receive the most votes shall be
elected to terms ending December 31, 2008.
As the aforementioned terms begin to expire, elections shall be held
during the November general elections of the year preceding the
above-referenced term expiration dates, commencing with the general election to
be held on November 4, 2008. Thereafter,
the terms for City Council Members and the Mayor shall be for four years and
two years respectively, as provided in Minnesota Statutes Section 412.02, and
municipal elections shall be held during the November general election in even
years. The position of Mayor and all
Council Member positions shall be at-large positions.
5.
In all other
respects, the election shall be conducted in conformity with the provisions of
the Minnesota Statutes concerning the conduct of municipal elections.
6.
The Ordinances
of Burns Township, as well as all other land use and planning controls, and all
licensing privileges, shall remain in effect within the boundaries of the City
of
7.
Upon
incorporation, all money, claims, or properties including real estate owned,
held or possessed by the former Burns Township, and any proceeds or taxes
levied by Burns Township, collected and uncollected, shall become the property
of the City of Nowthen with full power and authority to use and dispose of for
such public purposes as the City Council deems best, subject to claims of
creditors. This will include cash
reserves and fund balances of the Township and all public property and
equipment held by
8.
9.
This Order is
effective May 16, 2008.
Dated: May 1,
2008
_s/Raymond
R. Krause________
RAYMOND
R. KRAUSE
Chief
Administrative Law Judge
Reported: Transcript
Prepared
Shaddix
& Associates
NOTICE
This
Order is the final administrative order in this case under Minnesota Statutes
§§ 414.02, 414.07, and 414.09. Any
person aggrieved by this Order may appeal to the Anoka County District Court by
filing an Application for Review with the Court Administrator within 30 days of
the date of this Order. An appeal does
not stay the effect of this Order.
Any
party may submit a written request for an amendment of these Findings of Fact,
Conclusions of Law and Order within seven days from the date of the mailing of
the Order pursuant to Minnesota Rules 6000.3100. No request for amendment shall extend the
time of appeal from these Findings of Fact, Conclusions of Law and Order.
MEMORANDUM
The Township’s Petition for Incorporation
is governed by Minn. Stat. § 414.02.
Section 414.02, subdivision 3(a), specifically directs that the ALJ must
consider thirteen factors when reviewing the Petition. Under Minn. Stat. § 412.02, subdivision
3(b), the ALJ may order incorporation, after review of the enumerated factors,
if the ALJ finds that: 1) the property
to be incorporated is now, or is about to become, urban or suburban in
character; 2) the existing township form of government is not adequate to
protect the public health, safety and welfare; or 3) that the proposed
incorporation would be in the best interests of the area under consideration.[70] Here, after review of the statutory factors, the
ALJ concludes that incorporation should be ordered because the Township is
suburban in character; the township form of government is inadequate to protect
the public welfare; and because incorporation is in the Township’s best
interests.
Consideration
of Statutory Factors –
Population
and projected growth
The
population and household evidence in the record demonstrates that the Township
has grown dramatically in the past thirty years. The Township’s population has increased 215%
from 1970 to 2000, and the number of households has grown 300% in the same time
period. The population will likely be
5,000 by 2012 or 2013. The Township’s
population is larger than 81% of the State’s cities, and ranks in the 99th
percentile for Townships. The rate of
platting has increased since 2000; 29 plats have been approved since then. The increase in population over the past few
decades demonstrates the Township’s transition from rural to suburban within
the Metropolitan Area.
Topography
The
Township consists of 36 square miles, or approximately 22,524 acres of
land. There are approximately 6,100
acres of wetland within
Pattern of physical development
The
present pattern of physical development and intended land uses are largely
suburban in nature. Two
commercial-industrial parks have been developed in the Township since
2000. Over 200,000 square feet of new
commercial space has been built since 2000 in
Present transportation system
The
Township is served by a network of approximately 45 miles of State and County
roads, and approximately 59 miles of Township roads. The State has identified County State Aid
Highway 22 as a future principal State arterial trunk highway for use as a
primary east-west corridor through
Land use controls and planning
The
Township has had land use controls in place since 1957. These controls currently consist of a subdivision
ordinance, a zoning ordinance and a storm water ordinance. The Township has also established a planning
commission. The Township first prepared
its Comprehensive Plan in 1980, and updated it in 1993 and 1999. It is currently updating the Plan again. The Metropolitan Council’s Development
Framework classifies
Existing levels of governmental services and whether
the Township can adequately and economically provide necessary services
Incorporation
will allow the Township to more efficiently execute its capital improvement
plan. Under the township form of
government, it is unpredictable whether the Township electorate who appear at
the annual meeting will vote to fund the improvement plan. After incorporation, the city council will
have the ability to stabilize the plan funding.
Incorporation will centralize decision making authority in an elected
city council with two-year or four-year statutory terms of office.[71] As a city, the Township will be better able
to plan and fund major expenditures over several years, which will result in
more consistent delivery of services to the Township’s residents. Incorporation will not diminish the level of
services currently provided.
Environmental Problems
There
are no known environmental problems in
Fiscal impact on the Township
Incorporation
is expected to have a net negative financial effect upon the Township in the first
few years of incorporation. It is
expected that the Township will incur an additional expense of $12,000 per year
in prosecution costs, and lose County gas tax money in the amount of $17,000. The Township will receive approximately
$26,000 in local government aid, for a net loss of approximately $3,000 a year
for the first four years. After five or
six years, when the Township reaches the 5,000 population level, it could
expect to receive $240,000 annually in Municipal State Aid, which would result in
a net fiscal gain of $237,000 annually.
The Township currently has a bonded indebtedness of $1,145,000. Incorporation will help ensure that the
Township has a stable tax base from which to repay this debt.
Effect of the proposed action on adjacent communities
All of
the surrounding cities,
Whether governmental services could better be
provided through an alternative boundary adjustment
The Township can best deliver the
necessary governmental services to its residents. All the surrounding communities passed
resolutions in support of the Petition for Incorporation and none suggested
they could better provide governmental services to the Township. The Township has a long history of planning
for and providing services throughout its jurisdiction.
Degree
of contiguity of the boundaries
The
Township boundaries have remained the same since its organization nearly 150
years ago. The boundaries consist of
four straight lines, each six miles in length, on the north, south, east, and
west boundaries, forming a perfect square.
The boundaries are easily identified, easy to administer, and all
located on section lines. They need not
be adjusted for incorporation purposes.
State building code
The
Township has adopted and enforces the State Building Code, and Incorporation
will have no effect on the enforcement thereof.
Statutory
Conclusions –
Here, after review of the statutory
factors, the ALJ concludes that incorporation should be ordered because the
Township is suburban in character; the township form of government is
inadequate to protect the public welfare; and because incorporation is in the
Township’s best interests.
Suburban Character
The
Township is currently suburban in character.
As noted, the Township has undergone substantial population growth in
the past thirty years. Approximately 69
percent of the Township land either has been subdivided for single family use,
or cannot be subdivide because of wetland restrictions. Twenty-nine plats have been approved since
2000. The community, which once largely
consisted of farms, has developed into a suburban community of single family
homes. The Township is surrounded by
cities. The Township’s budget has grown
from $474,657 in 2000, to $1,282,000 today.
The Township has developed two commercial-industrial parks, and 26
businesses are located within the Township.
The ALJ concludes that the Township is suburban in character, and
therefore, suitable for incorporation.
The Metropolitan Council has suggested,
based largely on population projections, that the Township is not now, and is
not about to become, suburban in nature.[72] The actual population growth and residential
development of the Township, however, demonstrate its suburban character.[73]
Public Health, Safety and Welfare
The
statutory limitations restrict the Township’s ability to adequately protect its
residents. The Township’s annual budget
has grown to almost $1.3 million. Under
In addition, by statute the Town
electorate sets the amount of money to allot for police and fire
protection. The Town Board cannot decide
how much money should be spent for these services.[75]
Best
Interests
Incorporation is in the best interests of
the residents of the Township and the surrounding area. Incorporation will allow the Township to
unify the budget and levy powers in one single entity, the city council. Given the size of the population and the
operating budget, the city form of government will allow the Township to
operate more effectively and efficiently.
Incorporation will also allow the
Township to exercise greater economic development powers. Townships are not allowed to use tax
increment financing (TIF). Upon
incorporation, the Township will be able to use TIF to provide economic
development assistance to the vacant industrial lots.
Once incorporated, the Township will
obtain greater police powers. For
instance, townships cannot require a vacant house to be boarded; cities can.[76] In general, cities are able to exercise
greater police powers than townships and incorporation will provide the
Township with more police powers.
None of the adjacent municipalities can
better serve any part of
Conclusion
In
conclusion,
R. R. K.
[1] Notice of Hearing, Dec. 18, 2007.
[2]
[3]
[4] Ex. 1; Ex. 67, p. 6.
[5] Ex. 69.
[6] Ex. 69; Ex. 67, p. 7.
[7] Ex. 67, p. 6-7.
[8] Ex. 67, p. 8-9.
[9] Ex. 67, p. 8.
[10] Ex. 67, p. 9; Ex. 63; Tr. 251-52.
[11] Ex. 44.
[12] Ex. 49.
[13] Ex. 46; Ex. 53.
[14] Tr. 74, 218-19, 250-52; Ex. 64.
[15] Ex. 50; Ex. 52.
[16] Tr. 83-86; 262-63.
[17] Tr. 81-82.
[18] Tr. 82-83.
[19] Tr. 83-84.
[20] Ex. 67, p. 13; Tr. 194.
[21] Ex. 67, p. 13.
[22] Ex. 56.
[23] Tr. 199.
[24] Tr. 182-83.
[25] Tr. 182-83; Ex. 67, p. 7.
[26] Tr. 182-84.
[27] Ex. 67, p. 13.
[28] Tr. 15.
[29] Ex. 67, p. 16.
[30] Ex. 34, p. 26.
[31] Tr. 138-39.
[32] Ex. 35, Ordinances 2 and 3.
[33] Ex. 39.
[34] Tr. 36.
[35] Ex. 2; Ex. 4; Ex. 6.
[36] Tr. 12-14.
[37] Tr. 7-12.
[38] Ex. 9.
[39] Ex. 8; Tr. 12-14.
[40] Tr. 30-31, 192-93; Ex. 56.
[41] Ex. 35, Ordinance 1.
[42] Ex. 62.
[43] Ex. 60.
[44] Ex. 45.
[45] Tr. 93.
[46] Tr. 145-151; 50-52.
[47] Ex. 10.
[48] Ex. 11.
[49] Ex. 67, p. 21.
[50] Ex. 35; Ex. 67, p. 21; Tr. 75-76.
[51] Ex. 39; Ex. 40; Ex. 41; Ex. 44.
[52] Tr. 182-83.
[53] Tr. 182-85.
[54] Ex. 23, p. 17.
[55] Tr. 178.
[56] Tr. 179-80.
[57] Exs. 26-30.
[58] Tr. 203, 212-17.
[59] Tr. 259-60.
[60] Ex. 64.
[61] Ex. 35; Tr. 67.
[62]
[63]
[64]
[65]
[66]
[67]
[68]
[69]
[70] See generally, McNamara v. Office of
Strategic and Long Range Planning, 628 N.W.2d 620 (Minn. App., 2001); Town of
[71] See
[72] See Ex. 68.
[73]
[74] See
[75] See
[76] See
[77] See Minn. Stat. § 414.01, subd. 1(a)(3).