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The Pipestone City Council has expressed opposition to a petition to detach this property near the city’s industrial park from the city, which would make it part of Gray Township. Gray Township has expressed neutrality regarding the proposed detachment. Pipestone County tax parcel map
Pipestone City Council members during their Oct. 6 meeting voted to support one petition for detachment of property from the city and deny another.
The petition supported by the council came from Thomas J. Nelson for a 23.75-acre piece of agricultural land along state Highway 23 northeast of the intersection of state Highway. 23 and U.S. Highway 75. Mayor Dan Delaney said city staff reviewed the property and determined that most of it is in the flood plain and is not able to be developed. That being the case, he said, staff recommended the council approve a resolution supporting the request for detachment.
The petition opposed by the council was filed by Thomas J. Nelson, David R. Nelson, David L. Meulebroeck and Karen Meulebroeck for detachment of a 117.05-acre piece of land near the industrial park.
“City staff have reviewed the property and although a portion of the property is located within the flood plain, the property is still able to be developed and in the future may be needed for commercial expansion of the city,” Delaney said.
According to state statute, if a resolution of support from a city and a petition from all the property owners are submitted to an administrative law judge, and no resolution of opposition is received from a township, no hearing is necessary and the judge shall grant the petition. If the city and township submit a resolution opposing the petition, a hearing must not be held and the judge shall deny the petition. In all other cases, a hearing must be held.
Gray Township Board Chair Ted Stout said later in the week that the township supported the petition for detachment of the 23.75-acre piece of land and was neutral regarding the petition for the 117.05-acre area due to concerns about maintenance of 90th Avenue, which runs along the city and township border on the east side of the property. Stout said the township would like the county to maintain the road.
The Pipestone City Council has expressed support of a petition to detach this property along state Highway 23 from the city, which would make it part of Gray Township. Gray Township has expressed support of the proposed detachment. Pipestone County tax parcel map
During the Oct. 8 Pipestone Utility Commission meeting, Public Works Director Mike Bloemendaal said the city maintains the road now. Delaney said during that meeting that City Attorney Jason Hill would like to come up with an agreement between the city and township regarding the maintenance of 90th Avenue in that area.
If the city and township don’t come to terms on the petition for detachment, the matter will go to mediation with an administrative law judge in November. According to state statute, “the chief administrative law judge may order the detachment on finding that the requisite number of property owners have signed the petition if initiated by the property owners, that the property is rural in character and not developed for urban residential, commercial or industrial purposes, that the property is within the boundaries of the municipality and abuts a boundary, that the detachment would not unreasonably affect the symmetry of the detaching municipality, and that the land is not needed for reasonably anticipated future development.”
The administrative law judge may deny the detachment if they find that the remainder of the municipality would not be able to continue to carry on the functions of government without undue hardship, according to statute. The judge may also decrease the area of property to be detached and may include only a part of the proposed area to be detached.
City Attorney Jason Hill said in July that detachments initiated by property owners are most often for tax purposes.