Public divided at annex hearing

Judge Richard C. Luis of the Office of Administrative Hearings reopened the hearing on two competing annexation proposals that had been continued from last fall.

In June 2009, the Ranier City Council approved a plan, which was endorsed a month later by Koochiching County, to annex land around the Ranier city limits. Ranier seeks to annex the Jameson and French additions, as well as other nearby unincorporated areas.

The Falls is opposed to Ranier’s plan to also include in its annexation about 500 acres of a foreign trade zone and the property around it where an access road could be built. Falls officials last September petitioned to annex the FTZ property and the land around it into the Falls city limits.

The FTZ is owned jointly by the Falls and Koochiching County and managed by the Koochiching Economic Development Authority.

Through its original orderly annexation petition, Ranier asked that a public hearing be held. However, following a failed mediation session with the city of International Falls to resolve the FTZ issue, Ranier and Koochiching County approved changes to the annexation petition to remove the public hearing all together. That request was denied by Luis, who established the date for Tuesday’s hearing.

“Everybody in Ranier is not huggy-kissy,” said Ranier resident Arden Barnes, summing the mood of the day.

That became apparent as each successive comment showed the diverse opinions of the assembled crowd.

Some people spoke of history, citing dates and circumstances of prior actions and providing the judge a background of the case. Others spoke more personally, discussing the way they feel the case has been handled and providing character assessments of the players in the case. Other people simply stated their opinion on whether each annexation petition should be approved.

Several residents spoke on behalf of International Falls’ petition and requested that the city be granted annexation of the foreign trade zone. These people most often cited the public services that the Falls offers, including police, fire service, ambulance service, building and zoning codes and economic development potential. Those speaking to the Falls’ merits and in favor of its FTZ plan included John McCarthy, Edward Bernath, Ron Peterson and Ward Merrill.

Merrill said that he felt that everybody in the case needed to get along for the betterment of the community as a whole.

Falls resident George Konecny agreed, simply decreeing: “United we stand, divided we fall.”

Peterson attempted to explain the results of a land swap in the foreign trade zone, but counsel and Peterson were unable to provide an agreed-upon boundary for the area.

“This has been the most misguided operation I’ve ever seen,” said Everett Ramsey. Ramsey suggested that the area should make a water district instead of attempting annexation on the basis of water lines.

Ranier resident Dave Trompeter explained his version of the water-system history. He said, “We’ve got a big collossal mess with no way to maintain it.” He pointed to old escrow funds that had been set up to maintain the lines that were now not being used, especially as it related to the Brennan Beach area.

Terry Lahmayer also spoke regarding the way she felt annexation was handled.

“For me, it’s simply about the people of Ranier having a voice about the future of their tiny but proud city,” Lahmayer said, adding that she does not stand in opposition to annexation, but rather to the process that has led to this point. “The people of Ranier never got to debate on vote on annexation. In fact, when many of us realized what was going on, the die had already been cast.

“You, your honor are our last hope to be heard.”

Some residents spoke of several Ranier meetings, and a visioning process, where they felt their opinions were not heard.

Bernie “Spike” Woods, Ranier resident, said that he thought a visioning process was “just an exercise with no consequences” due to lack of communication about annexation following that meeting.

“We knew more about a chili feed last winter than we did about annexation,” said Naomi Woods. “I feel like we’re running off and getting married without having a job,” she said.

The day started with opening statements from attorneys representing the three parties in the case — Jay T. Squires for Koochiching County, Matthew Hanka for Ranier and Joe Boyle for International Falls.

Following a brief introduction of the case, Squires was permitted to give the first statement in outlining his case.

He contended that Koochiching County and Ranier had held “numerous public meetings.” Hanka agreed that the hearing was a result of an “extensive public process,” and that the proceedings were driven by water issues.

“This hearing process is not about which is the larger city, which is the greater city, which has more employees, which city has the better library, what city has greater power than the other city,” Squires said. “This hearing is intended to focus on specific statutory factors. Among those factors is the ability to provide services. He said that Ranier was in the best position to supply those services, including water service to the foreign trade zone.

Squires, showing the judge on a map all of the locations he specified, said that transportation was at the heart of the matter. He discussed a prior case regarding Highway 332, the Burner Road and where potential road routes around the city of International Falls and to the FTZ could be built. As road routes to the FTZ were a consideration in the land that the city of International Falls seeks to annex, the attorneys, through their statements, debated several potential road routes that have been suggested.

Boyle debated these facts, in outlining why International Falls, in his opinion, is in a better position to provide not only a truck-friendly road route to the foreign trade zone, but also community services such as those also enumerated by members of the public.

He pointed to the FTZ on a map and explained that he felt it was the best opportunity for economic development growth in the city.

The location of the FTZ and even the boundaries of existing Ranier were debated by the attorneys. Three maps, all similar in their scope but with different labels, were used to describe the areas proposed for annexation under each petition.

Squires noted that because the city of International Falls is part of the Koochiching Economic Development Authority, it will still have the ability to provide economic development assistance and control over the tax-incentivized zone.

Following the morning statements, Luis was provided a site visit to areas related to the case such as Ranier, the foreign trade zone and unincorporated areas proposed for annexation.

Boyle, Hanka and Squires, along with area officials, went on the tour in the early afternoon and provided the judge additional information and perspective on the areas under consideration.

Luis was handed several letters of testimony by members of the public or on behalf of someone who could not attend the Tuesday evening meetings.

Each of the three parties provided each other and the judge with folders containing evidence in the hearing, including maps, meeting minutes and docuements related to the case. The judge will consider these documents, along with testimony from this hearing and previous meeting transcriptions in making his decision. Boyle made immediate objection to some of the evidence provided by Ranier and the county. During his introductory statement, he produced a memorandum outlining several points in their case he believes are unfounded. He concluded, after making these points, that Ranier cannot provide evidence that it is capable of providing necessary services in a reasonable time.

Luis provided the attendees with an address, email and fax number at which to supply him with additional testimony or evidence. All information must be electronically submitted by 4:30 p.m. July 16 or postmarked on or before that day to be considered timely.

The address is Richard C. Luis, c/o Office of Administrative Hearings, 600 N. Robert St., St. Paul, MN 55101. The fax number is (651) 361-7936. Luis’ email is richard.luis@state.mn.us.