Tuesday, October 30, 2007
Boundaries Adjustments Rejects Proposed Annexation
At the public hearing last spring, citizens stood before
the Onamia Mayor and City Council to voice their objections to the
annexation of the 38 acres in Bradbury Township. At that time, they
pointed out the City's failure to follow proper procedures, as well as
concern for the government's ineptitude as Larry Milton and the gang
continue to make one mistake after another. Maybe the city council should
Now the disgruntled Sex Defenders can
shout, "We told you so!" with news that the annexation proposal has been
rejected by the Executive Director of Municipal Boundaries Adjustments. As
usual, thinking only of themselves, the Milton Gang neglected to consider
the reimbursement of the money they are taking away from Bradbury Township.
Now the City has to go through the process of applying for annexation all
over again... until they get it right.
But the plot thickens. Nobody has yet officially addressed
the Bye/Grosslein tax fraud issue. Its a confusing scheme. Steve Bye sort
of sold the property several years ago but still sort of pays about $60 in
property taxes, claiming homestead status although Marvin D. and Avis
Grosslein, the new owners live in Massachusetts. It might not be what
Jesus would do, but its a pretty clever scam, actually.
The alleged tax fraud has been reported to
the County Assessor. There is a possibility that approximately seven years
of non-homestead back-taxes are owed on this land. According to the
following letter, all debts must be settled before the annexation can go
The questions now are: 1) Is this specific
location worth all of the hassle? 2) Is the City government so stubborn, so
tunnel-visioned that they won't see that it really isn't? 3) What makes
D'Angelo so mean to little old ladies?
This property is not clean. This deal is dirty. But that won't stop the
Read the Boundaries Adjustments letter below.
October 25, 2007
Drown Associates, Inc.
Waconia, MN 55387
A-7591 Onamia/Bradbury Township
(Ordinance No. 79; Bye/Grosslein Property; 38.81
of Administrative Hearings acknowledges receipt of the above-referenced
ordinance for annexation to the City of Onamia. Please refer to the
above-referenced docket number in future communications regarding this
As you may
be aware, recent legislative amendments to Chapter 414 became effective on
August 1, 2006. Included in the amendments is a requirement that all
proposed annexations provide for reimbursements from municipalities to
townships for property taxes following annexation and for special
assessments or debt attributable to the annexed property.
Previously, Minn. Stat.414.033 subd.12 provided for a gradual reduction of
payments to townships over a five year period for certain annexations by
ordinance. That statutory provision was repealed. The provision in new
amendments dealing with reimbursements are now mandatory for all
annexations by ordinance, unless the city and affected township otherwise
agree, and there have also been changes to the reimbursement schedule.
For your information, Minn. Stat. Sec. 414.036 now reads:
Unless otherwise agreed to by
the annexing municipality and the affected town, when an order or other
approval under this chapter annexes part of a town to a municipality the
order or other approval must provide a reimbursement from the municipality
to the town for all or part of the taxable property annexed as part of the
order. The reimbursement shall be completed in substantially equal
payments over not less than two nor more than eight years from the time of
annexation. The municipality must reimburse the township for all special
assessments assigned by
the township to the annexed
property and any portion of debt incurred by the town prior to the
annexation and attributable to the property to be annexed but for which no
special assessments are outstanding, in substantially equal payments over
a period of not less than two or no more than eight years.
the amended language indicates, the Director must now include a
reimbursement determination in every order or approval of annexed taxable
property, unless the municipality and township otherwise agree.
No. 79 does not include a provision dealing with reimbursement to the
township, and we do not have other information that allows the Director to
comply with the new requirement that “the order or other approval must
provide a reimbursement.”
either one of two approaches to bringing your proposed annexations into
conformity with the new amendment to Minn. Stat. 414.036: (1) the City
can amend Ordinance No. 79 to include a reimbursement provision consistent
with the statutory requirements of substantially equal payments over not
less than two nor more than eight years; or (2) the City can provide this
office with information or a recommendation on how much you believe the
annual reimbursement for property taxes should be and whether the time for
payment should be from two years, or up to eight years as the statute now
City chooses to use a reimbursement schedule different from that which
Minn. Stat. 414.036 now requires, written documentation from the township
indicating their agreement is required to qualify for the statutory option
of parties agreeing to a different provision.
addition, please indicate whether any special assessments are due and what
the payout schedule for those obligations should be. Such information
will be considered when this file is scheduled for review.
us know as soon as possible how you plan to proceed. When our record on
this matter is complete, they will be scheduled for review by the
have any questions, please contact this office.
Kathleen McCullum, Onamia City Clerk