League of Women Voters

Waterford Town Hall

Jane McWilliams, LWV Observer                      

All members of the township board were present (Liz Messner, Larry Odegard, John Dudley, Erin Johnson and Frank Wergin). Councilor Betsey Buckheit was absent.

This meeting was in part prompted by the conflicting legal opinions about the validity of the annexation agreement between the city and the township. Following the request in December of Eugene Sitzmann that the city annex a piece of property he owns on highway 3, city staff requested an opinion from attorney Chris Hood of Flaherty and Hood about the status of the agreement.  In early January, city staff and 2 councilors met with the Waterford board to convey the opinion that the agreement was no longer valid.  In February, the council received a letter from Waterford Township’s attorney, Mark Johnson of Gregerson, Rosow, Johnson & Nilan stating his opinion that the agreement is still valid. During intervening discussions, the council agreed that a new agreement should be created, but took no formal action to dissolve the current one. They also adopted an annexation policy and prepared a list of talking points for their meeting with Waterford. (Both documents are available in the May 4, 2010 council packet:  http://www.ci.northfield.mn.us/assets/p/Packet164.pdf , Items #14 and #15.)

The Waterford Board provided an agenda for the evening: Discussion of the current agreement; discussion of the respective zoning and comprehensive plans; and discussion of Waterford’s Annexation Standards. Township Supervisor Liz Messner reviewed the history of the agreement and asked whether the council agreed with their attorney’s opinion that it had expired. Mayor Mary Rossing said it was her impression that it does. Supervisor Larry Odegard noted that the land annexed by Northfield when the agreement was made has gained the city more revenue than the annual $3000 it pays the township as part of the agreement. Councilor Jim Pokorney said that it may have been a fair settlement then (in 1980) “this is a different time and place." Rossing said it was a good deal at the time, and that the city is ready to enter into a new agreement if that’s the direction the township wants to go.

Supervisor John Dudley, referring to the way the city conveyed their attorney’s opinion to the township said, “That doesn’t do a lot for us to sit down and negotiate.”  When Rossing suggested that they work on a new agreement, he responded that former State Representative Bob Vanasek, the author of the statute creating the agreement said it is as legal today as it was then. Councilor Rhonda Pownell made a plea that they find places for common ground. “Somehow we need to find out how we can go from here. Find the win-win ground. I think it can be done.”

Messner suggested that there is a “huge amount of dove-tailing in what the two want,” for example, the green corridor.  For Waterford, agriculture is the industry of choice.  Towhship Clerk Erin Johnson reported on the number of start-up farms being created in the township. Councilor Erica Zweifel added that she was hoping to talk about more regional planning. Pokorney admitted that this council is a lot more conscious of the effects of annexation than earlier ones.

The discussion returned often to the agreement’s provision that any annexation would need the approval of the township, which, according to Hood, is no longer valid. Messner asked Rossing how she would change it.  Rossing turned the question around and asked Messner what she would propose to change. There were no responses.

Another concern for Waterford is the provision in the city’s comprehensive plan for routing Thye Parkway through the township to highway 3, necessitating at some future time, annexation of land through which it would run. As the city grows, Pownell noted, and as the business park develops,  east/west collector streets are needed for the safety of parts of the city to get quickly to the hospital.  Zweifel stated that the township’s concern about Thye Parkway was valid in that there had been no collaborative planning.

According to Rossing, the city had given the township the council’s annexation policy and talking points to review. She said it would be helpful to know what is important to the township.  Messner replied that this discussion was initiated by Northfield, and the city should “show us what needs to be changed.”  Odegard suggested it is hard for them to roll over and give in. “It almost makes me feel as if our township is second class. “  Rossing replied that there is no animosity toward the village, but that the council is elected to look out for Northfield, and have been given the opinion with which they agree.

There appeared to be no change in the positions of the respective groups on the validity of the 1980 agreement. In addition, there was no mention of a future meeting, although both groups acknowledge the need for joint planning discussions.

The meeting adjourned around 9 p.m.