An Albert Lea Township official accused the City Council Thursday of violating state law by annexing West Ninth Street.

Friday, August 27, 1999

An Albert Lea Township official accused the City Council Thursday of violating state law by annexing West Ninth Street.

Speaking to the city planning commission, township Supervisor Stan Reichl said by annexing West Ninth Street the council was in violation of Minnesota Statute 160.05.

The road was annexed by the council in April to reach a future 160-acre housing development – formerly the Bertha Weiks farm.

It will also serve as the entrance into Newbury Development Company’s Pickerel Park Townhomes, a now approved low -to-moderate income housing development planned for the West Ninth Street Street/Highway 69 corner.

Because the road was maintained by both the township and the state, Reichl said the council couldn’t legally annex it.

&uot;I’m just here to convey this to you,&uot; he said, adding he was asked to &uot;convey&uot; the message by Albert Lea Township Chairman Larry Lestrude. &uot;I have a question. Do you know (the council) is in violation of Minnesota Statute 160.5 regarding roads?&uot;

He said Lestrude learned of the alleged illegal annexation from an attorney.

Contacted after the meeting, Albert Lea Mayor Marv Wangen said he was uncertain of what statute would prevent the council from annexing the road.

&uot;It sounds like the one they raised before,&uot; Wangen said referring to a previous illegal annexation claim by the township. &uot;It didn’t hold water then. It doesn’t hold water now.&uot;

He said Albert Lea City Attorney Steve Schwab is familiar with land laws and the state approved the annexation.

&uot;The state municipal board approved the annexation,&uot; the mayor said. &uot;The Minnesota Department of Economic Development put $500,000 into it (the Newbury development.) The Minnesota Housing Finance Agency Approved the project.