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Thursday, July 15, 2021

BETWEEN A ROCK AND A HARD PLACE...

 


In spite of the Eureka Town Board publicly objecting at a Lakeville public hearing concerning the annexation by the City of Lakeville of the Ruddle and Adelmann properties, the annexations have gone through. The Ruddle property on Dodd is 91+ acres, and the Adelmann property on 225th is 115+ acres. Both are in ag use in an ag-zoned township. However, under State Statute, the Township is powerless to object. MN Statute 414.033 subd 2(3) A public hearing is required, but one wonders what the point of it is. The City can annex up to 120 acres per petitioning landowner. The Minnesota Association of Townships Town Government Manual states "The town has no power to object." See 17.3 #3.

It's this way because the State Legislature enacted annexation laws that favor cities. Period. A city is not compelled to annex the properties, but it has every ability to do so. Open, larger tracts are desirable for distribution centers such as we have seen along Dodd or larger factories such as seen along Cedar. 

Recently, Eureka Township has received Comprehensive Plan Amendments from Lakeville. As an adjoining district, we have the opportunity to review and respond with comments.

I was asked if the Metropolitan Council gets involved in such annexations. After all, it was argued, Eureka is considered ag until 2040 and yet Lakeville can take Township land and develop it as commercial/industrial? I spoke with Patrick Boylan, the Metropolitan Council staff representative for our municipality. His answer is that the only time the Council would be involved with an annexation would be if property owned by the Council were the subject of the acquisition. Once other land is annexed, they have oversight on Comp Plan amendments for the use of such land. Naturally, the Council would be unlikely to object to Lakeville's developing the land as proposed when it is adjacent to property used in a similar fashion.


The Town Board has asked Lakeville to provide a green zone buffer to abutting residential properties to mitigate the negative effects to at least some degree. Lakeville's ordinances provide this for its own citizens when C/I abuts residential areas. Of course, Lakeville has no obligation to Eureka residents to provide such a buffer, but we had to ask. After all, the developer could absorb this expense. To date, Eureka has not received a response to the Town Board's letter regarding this.