Item 12 Joint Meeting of City Council and Planning Commission
February 24, 1997
Page 3
1. Energy House- See Item 4.1.
• 2. Elk River Landfill - investigating uses for methane gas generated at the
Landfill, such as cleaning it to produce natural gas, converting to
electricity, or using it to thermally treat leachate.
3. Wind generator- When constructed, it will be largest one in North
America.
4. Minnesota Department of Public Service- Grant has been received to
construct a solar heat collection wall (possibly for a body shop with a
paint booth).
5. Renew America Conference-The Mayor and Paul Steinman spoke at this
conference for Minnesota Environmental Initiative.
6. Wisconsin Environmental Initiative Conference -Steve Rohlf and Bill
Poppert (Engineer for MEI), spoke on the Energy City Project.
Wild and Scenic River Ordinance-Steve reviewed a letter which was sent to the
DNR Division of Waters requesting a meeting with the City of Elk River and DNR to
discuss problems the city faces regarding the Wild and Scenic River Ordinance.
Former City Dump Site (Hillside Park) -The Council authorized continuation of well
testing of the city wells and private wells in the area of the former city dump.
4.3. Consider City/MnDot Agreement for Highway Lighting System at Park and Ride on
T.H. Highway 169 south of Main Street
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-15 1/2 A
RESOLUTION ENTERING INTO HIGHWAY LIGHTING AGREEMENT#74812M BETWEEN
• MNDOT AND THE CITY OF ELK RIVER FOR MAINTENANCE AND ELECTRICAL ENERGY
FOR THE HIGHWAY LIGHTING SYSTEM AT THE PARK AND RIDE LOT ON TRUNK
HIGHWAY NO. 169 SOUTH OF MAIN STREET IN ELK RIVER, SHERBURNE COUNTY,
MINNESOTA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
4.4. Consider Hiring Street Department Mechanic
COUNCILMEMBER HOLMGREN MOVED TO HIRE ROBERT MAHUTGA FOR THE
STREET/PARK DEPARTMENT MECHANIC POSITION AT A STARTING PAY OF $15.50 PER
HOUR FOR THE SIX MONTH ORIENTATION PERIOD. UPON SATISFACTORY
COMPLETION OF THE ORIENTATION PERIOD, THE WAGE WILL BE INCREASED TO STEP
OF J OF PAY GRADE 10 ($15.95) PER HOUR, WITH AN ADDITIONAL OPPORTUNITY FOR
A STEP INCREASE ON JULY 1, 1998. COUNCILMEMBER FARBER SECONDED THE
MOTION. THE MOTION 4-0.
II)I() 5. Joint Meeting with Planning Commission
Downtown Master Plan
Steve Ach provided an update on the Strategic Planning Task Force's progress to
date. Discussion of the downtown riverwalk project followed. Pat Klaers noted
the HRA is considering adding questions to the Park & Recreation's survey
regarding residents' interest in the downtown (i.e., shopping, recreation, etc.)
Commissioner Sullivan indicated the Chamber office receives a significant
number of inquiries for available space in the downtown. Vice-Mayor Dietz felt
• that even if the riverwalk project is not completed, the businesses on the river
•
•
4 N
•
Joint Meeting of City Council and Planning Commission
February 24, 1997
Page 4
should still consider remodeling to provide a river front access to their site. Pat
• indicated that when approved by the Council, the final strategic planning
document will provide a section for the downtown which will be implemented by
the HRA. The Planning Commission and staff will work with the HRA in this
implementation process. Discussion followed regarding HRA's role in developing
a Master Plan and in downtown redevelopment. Further discussion followed
regarding problems associated with the Pascal Street bridge and the Highway
10/Main Street intersection. Members of the Council indicated that a study on
this issue revealed the cost was too high consider it at this time.
Transportation Plan
Planning Commission Chair Jon Anaerson asked the Council when they
anticipate adopting the draft transportation plan. Vice Mayor Dietz indicated
adoption of the plan was deferred until Sherburne County held their public
hearings and adopted a plan in May or June, 1997. Discussion followed
regarding whether or not a committee to review the plan should have more
citizen representation. Members of the Planning Commission favored adopting
the plan as proposed. Councilmember Farber felt the plan should be reviewed
further, in response to the large numbers of residents objecting to the plan.
Trails
Councilmember Holmgren stated he was not in favor of long trail systems running
through residential neighborhoods that would allow snowmobiles. Commissioners
Minton and Kuester expressed their support for non-motorized trail systems.
Planning Commission Chair Anderson indicated his support for an area that could
have separate horse trails.
• Highway 169 Pedestrian Bridge
The City Council and Planning Commission discussed the proposed Highway 169
pedestrian bridge. Members of the group were in agreement that the bridge
would not be used unless it were made easy to gain access to the bridge.
Installing a fence along the Highway may encourage use of a pedestrian bridge.
Cable
Members of the Planning Commission expressed that they have noticed a
problem with the volume of the Planning Commission meeting cable broadcasts,
and also, that speakers (i.e., Planning Commissioners) are not identified. Staff will
investigate.
Ordinance for Sale of Firearms
The City Council and Planning Commission discussed whether or not there was a
need to modify the city's ordinance regarding the sale of firearms in commercial
areas. Councilmember Holmgren noted he was aware of an industrial site in a
neighboring community where a large inventory of firearms were stored in
connection with a mail-order business. Members of the group expressed concern
that this type of use should be addressed in the city's ordinance. Staff suggested
listing "sale of Firearms" as a use in appropriate zoning districts. The Council
directed staff to work on an ordinance.
•
Joint Meeting of City Council and Planning Commission
February 24, 1997
Page 5
Inventory of Naturally Significant Features in Elk River
Commissioner Minton expressed his support for committee to inventory the
• naturally significant areas and historical buildings in the community.
Commissioner Kuester stated that if there are areas the city would like to preserve,
these areas could be identified and taken into consideration if a development is
proposed in that area. The Council agreed with the concept of designating
some type of commission, but felt the issue needs to be further discussed, since
additional staff time would be required.
Board of Adjustments
It was the consensus of the City Council and Planning Commission that Planning
Commission could act as the Board of Adjustments as long as all variance that
are denied be automatically appealed to the City Council. Staff indicated this
ordinance will be presented to the Planning Commission tomorrow night and to
the City Council next month.
6. Planning Department Annual Report
Steve Ach presented the 1996 Planning Department Annual Report. Steve noted
he hopes to have a planning intern by late spring or early summer.
8. Staff Updates
Pat Klaers advised the Councilmembers a publicity photo session has been
scheduled by the Minnesota Sports Federation on March 6th at 1:30 p.m. at City
Hall.
9. Adjournment
There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN
THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
The meeting of the Elk River City Council was adjourned at 8:45 p.m..
Respectfully submitted,
Debbie Kleckner
Recording Secretary
•
AppElk River Planning Commission
Annual Meeting I f /9 7
January 11, 1997
• The Annual Meeting of the Elk River Planning Commission was held Saturday, January 11, 1997 at
8:30 a.m. at Elk River City Hall.
Members present: Judy Thompson, John Anderson, Louise Kuester, Bob Minton, Tom Mesich, Vicki
Sullivan and City Planner Steve Ach.
Members absent: Doran Cote
The meeting was called to order by Chair Thompson, and the agenda was reviewed. Commissioner
Minton moved to approve the agenda, second John Anderson.
Commissioner Thompson moved and Commissioner Minton seconded to elect 1997 officers as
follows: Chair John Anderson, Vice Chair Vicki Sullivan.
In review of Planning Commission Rules and Procedures the following changes were approved in a
motion by Louise Kuester, second, Vicki Sullivan:
Article III "Term Limits" add the verbage "It is suggested that"
Section 8.2 Protocol #2 and #3 add "all statements"
#6 add"during the public hearing or after the public hearing has been
closed"
4111 1996 Goals and Objectives and Workshop Topics were reviewed.
1997 Goals and Objectives were discussed and adopted.
1. Continue to pursue public relation activities by making available a set of the protocol and
procedures for public meetings from the Planning Commission Rules & Procedures.
2. Meet with both the City Council and the Park and Recreation Commission for the purpose of
reviewing joint goals and objectives.
3. Participate in the planning and execution of the 1997 Regional Planning Conference.
4. Continue to promote Commissioner training through Government Training Services, local,
state and national conferences.
5. Consider the impact of the following areas on land planning in Elk River: transportation,
historical and natural assets.
6. Review several completed sites to determine if site review should be an ongoing group process.
igh1997 Workshop topics were discussed and accepted.
1. Mobile workshops are planned for May, July and September.
2. Invite the Chief of Police and the Fire Chief to a dialog on how growth is affecting their
departments. (March)
3. Meet with the City Attorney in a training session. (February 11)
• 4. Review the Comprehensive Plan. (February 11)
5. Fomulate topics for joint meeting with City Council.
6. Invite a speaker on costs associated with urban sprawl.
7. Continue to discuss on-going issues throughout the year.
Chair Anderson will invite Dave Schwarting, Sherburne County Highway Department to meet with
the Elk River Planning Commission to discuss the county's transportation plan.
The 1997 Planning Commission meeting schedule was approved with changes.
A resolution supporting the Community Values Guide will be discussed with the City Attorney at
February 11 meeting.
Attendees to the National Planning Conference will be Tom Mesich and Louise Kuester.
Meeting adjourned at 11:45 a.m.
(Respectfully submitted,
?Ce:_i_z."
Vicki L. Sullivan
Recording Secretary
•
_ _
LAND USE PLANNING WORKSHOPS
FOR PLANNING COMMISSIONERS AND ELECTED OFFICIALS
I INCLUDES:
, ✓� . • ANNUAL PLANNING
JANUARY - INSTITUTES
APRIL 1998 •••t i
�� • BEYOND THE BASICS
\ ?► 1 • A COMPREHESIVE
o PLAN FOR YOUR
, COMMUNITY
i .
Introducing A New Workshop on a Timely Topic — Comprehensive Planning!
Sponsored by: t k GOVERNMENT TRAINING SERVICE
S
GENERAL INFORMATION
J',We are pleased to once again offer workshops REGISTRATIION/CANCELLATION
designed especially for citizen planners. This year's
sessions provide opportunities for in-depth study Register at least 7 days prior to the workshop date
f current topics and hands-on application. using the forms in this brochure. (Space is limit-
articipants will enhance their knowledge of various ed.) Fill out one form for each workshop; duplicate
areas of planning and, as a result, become better forms if needed. You will not receive confirmation of
equipped to make recommendations and decisions your registration, but we will notify you if the session
about the communities in which they live. you requested is full. Fees will be refunded less a
$15 service fee if the registration-is.cancelled 3
Program Features Include: working days before the program. Substitutions for
•An accomplished faculty with extensive backgrounds registered participants may be made at any time.
in both planning and instruction Should inclement weather (or other circumstances
•Presentations focusing on current issues and timely beyond our control) necessitate program cancellation
information or postponement, registrants will be notified via
•Handy reference materials designed to make your announcements on WCCO radio and other local radio
job easier stations.
•Practical workshops designed by a committee of . .
FEES
planning experts and local officials
Registration fees for all workshops include a meal,
__ If you would like to make your contribution to solving refreshment breaks and handout materials. See inside
land use problems as-informed and effective as poss- for details about group discounts for three or more
ble ... REGISTER TODAY! THESE PROGRAMS ARE participants attending.
• FOR YOU.
IMPORTANT: To qualify for the group discount, regis-
WHO SHOULD ATTEND? trations must be mailed in the same envelope!
Membersof planning commissions, boards of adjust- CO-SPONSORS
ment/appeals and governing bodies in Minnesota
cities, counties and townships. Also valuable for mem-, *Association of Metropolitan Municipalities '
ers of other advisory commissions, housing and •Association of Minnesota Counties
-development authorities, staff (especially those with- •Humphrey Institute of Public Affairs
out degrees in planning), real estate professionals, •League of Minnesota Cities
and others working in areas related to specialized •Minnesota Association of Townships
workshop topics. 'Minnesota Chapter, American Planning Association
•Minnesota Planning Association
ATTENDANCE AT THESE WORKSHOPS •Minnesota Planning
PROVIDES ADDITIONAL BENEFITS FOR CITY '
ELECTED OFFICIALS! FURTHER INFORMATION
If you are enrolled in the League of Minnesota Cities Contact Barb Keichler (Registration) or Vivian Hart
Leadership Institute for Elected Officials (or want to (Program) at Government Training Service (612) 222-
be!), these courses count towards the 40 credits 7409 or Minnesota Toll Free (800) 652-9719.-
required for Certification. Each Land Use Planning
Workshop is worth 7 credits. The Certification About Government Training Service (GTS)
Program was inaugurated in January, 1996.
Application forms are available by calling Cathy Recipient of Organizational Support of
Dovidio at the League offices at (612) 281-1250. Call Excellence in Training Award (American
Sharon Klumpp at (612) 281-1203 with questions Society for Training.and Development)-
about the Leadership Institute program. GTS is a public organization whose mission is to pro-
REAL ESTATE CREDITS vide innovative,comprehensive, practical training and .
consulting to address the changing-management and
Participants of "Annual Planning Institutes" and leadership needs of policymakers, staff and appointed
"Beyond the Basics" can earn Continuing Real Estate officials in publicly-funded organizations in Minnesota
Education credits. through educational services'designed to enhance. •
_ individual competency and through organizational ser
1 0 1 'vices designed to strengthen group effectiveness.
(?=:K=9 Printed on recycled paper
A COMPREHENSIVE PLAN FOR YOUR COMMUNITY -
DO YOU KNOW EVERYTHING YOU NEED TO KNOW?
1 Thursday, January 8; Saturday, January 24; or Thursday, February 26 ,
9:00 a.m. — 4:00 p.m.
-,„
.these workshops will help citizen planners effectively design,conduct, and implement local comprehensive planning programs. Make
I sure your new or updated plan reflects what you want for your community!
1
0 Learn about the legal requirements and the many benefits of comprehensive planning, along with numerous resources to assist
community planning efforts.
O Find out how to identify and prioritize local planning issues and how to design the process to successfully respond to these
issues.
7 Discover some effective techniques for facilitating and sustaining effective citizen participation. Examples of materials and
worksheets modeled after successful planning projects will be provided. -
Separate Concurrent Session for Metro Communities(seven-county metropolitan area)covers Metropolitan Council's Regional
Growth Management Plan and the implications and requirements assocjated with location within each of the region's policy areas
(core cities, first tier suburbs, developing communities, urban reserve,etc.)
Separate Session Concurrent for,Greater Minnesota Communities shares information on the recently-appointed Advisory Council
on Community-Based Planning and its efforts to promote community-based planning.
GETTING STARTED \ - -
Defining objectives and expectations for the plan
Issue identification, prioritization .
Matching resources with expectations
Defining the"community"
Why involve the public; alternative options'for community participation
Selecting a consultant
Setting a budget and a schedule - -
When to appoint a planning task force to augment the planning committee
Aft
TO CONDUCT AN EFFECTIVE COMPREHENSIVE PLANNING PROCESS
Inventory analysis—new computer applications, utilizing interns and volunteers to keep the cost down
Incorporating community visioning into the planning process
Developing meaningful (action-oriented) goals and policies
Effective techniques for preparing and evaluating alternatives
Timely and effective communication with constituents -
Conducting meetings that work, open houses, and hearings.
HOW TO EFFECTIVELY IMPLEMENT YOUR COMPREHENSIVE PLAN
Issues/action steps/roles and responsibilities:A framework for implementation
What, more planning? Focus on issues shaping your future (redevelopment, housing,infrastructure, annexation)
Understanding the financial implications of your plan
Finding the financial resources for implementation
Collaboration: working with the school district and other affected communities
Linking the plan to your zoning ordinance and other regulations .
Take Home: Sample implementation sections from a variety of plans, examples•of implementation tools,
information on the financing of planned improvements and community improvement redevelopment programs
1 '
CORE FACULTY
Rusty Fifield, Financial Advisor,Ehlers and Associates -
Steve Reckers, Planner, Minnesota Planning .
John Shardlow, President, Dahlgren, Shardlow and Uban, Inc., Planning Consultant
LOCATIONS
Thursday,January 8 or Saturday,January 24, 1998—Earle Brown Center, U of M St. Paul Campus, 1890 Buford Avenue,
St. Paul, MN 55108, (612)624-3275
• Thursday, February 26, 1998—Best Western Kelly Inn, Hwy. 23&4th Avenue South, St. Cloud, MN 56302, (320) 253-0606•EE
$99 per person or$85 per person for three or more people from same jurisdiction
•
•
ANNUAL PLANNING INSTITUTE:
.THE-BASICS
Thursday, February 19, Thursday, March 12"
• • or Saturday, April 18, 1998
9:00 a.m. - 4:30 p.m. •
Understanding the Nuts and Bolts of Planning, Zoning and Subdivision Regulation -- For those new-to land
use planning and zoning or interested in a review of fundamentals.
ALL ABOUT PLANNING -- Learn how to explain to others what you do in your planning role
—The History --Why do we plan?
—The Process --What can it do for your community? .
—The Products -- What's in a plan and what are the tangible'results?
IMPLEMENTING THE PLAN -- Find out how to exercise your authority and responsibilities
—The Zoning Ordinance and its relationship to an adopted plan
— Understanding Amendments,, Conditional Use Permits and the Variance
— Enforcement -- How and When
—The Subdivision Ordinance and its relationship to an adopted Plan
KNOWING YOUR LEGAL LIMITS -- Explore ways to avoid expensive litigation
— Understanding the Laws of Planning, Zoning and Subdivision
Avoiding Conflict of Interest
— Ensuring "Due Process"
-Conducting a proper Public Hearing and recording your Findings
PARTICIPANTS IN THE PLANNING AND ZONING PROCESS --Discover where you fit in
—The Elected Official —The Planning Commissioner
- —The Applicant —The Planner
—The Attorney —The Zoning Administrator
-The Building Inspector —The Constituent
. —The.Neighbor —The NIMBY
THE SUCCESSFUL PLANNING COMMISSION -- Learn how to maximize your impact as a commissioner ,
—Your responsibilities as a member
—Your opportunities'to influence the future
— Learning the magic word -- Cooperation
•
PRACTICE MAKES PERFECT ... or at least better-- Put what you've learned to work
•
-Hands on simulations of actual planning and zoning dilemmas
— Hot issues --Answers to your specific questions
CORE FACULTY '
William Griffith, Attorney, Larkin, Hoffman, Daly& Lindgren
Robert Lockyear, Director of Planning and Public Affairs, Washington County •
LOCATIONS .
Thursday, February 19 and Thursday, March 12, 1998 -- Earle Brown Center, U of M St. Paul Campus,
1890 Buford Ave. • St. Paul, MN 55108 • (612) 624-3275
Saturday,April 18, 1998 -- Best Western Kelly Inn, Hwy 23 & 4th Ave. S., St. Cloud, MN 56301" -
(320) 263-0606
FEE .
$92 per person or$80 per person for 3 or more people from same jurisdiction. This course has been approved for
•xhours
of Continuing Real Estate Education credit.
•
•
00
, BEYOND THE BASICS
Saturday, March 14, Saturday, April 25
or Thursday, April 30, 1998
•
9:00 a.m. -4:30 p.m.
•
Learn about preparing and using planning tools to deal with a wide variety of development problems, plus an in-depth review of
the planning process--from proper legal notice to development of sophisticated findings of fact.
OVERVIEW OF LAND USE TOOLS-- Review the history of land use regulation
-Source and Limitations of Authority to Plan and.Zone
• —Fundamental Legal Principles, Balance Between the Police Power and Private
Property Rights
—Comprehensive Plan-- Look at the plan elements in depth -
• • Design for Community
•Summary of Process
• Review of Elements
—Zoning -- Develop a complete understanding of the tools and standards of zoning
•Official Zoning Map
•Zoning Ordinance: Permitted,Accessory Uses, Standards, Variances-- Standards for Approval,
Conditional Use Permits --Standards for Approval, Interim Use Permits
° • Rezonings
—Subdivisions Regulations
—Advanced Zoning Applications-- Explore Innovative ways to guide land'use development
•Overlay Zoning
• Interim Development Moratoriums
- • Performance Zoning
•Zoning for Community Aesthetics, Environmental Protection
—Community Participation-- Learn how to improve community involvement
• Planning Commission--Staggered Terms •Visioning
•Task Forces, Planning Committees •Newsletters
•Attitudinal Surveys •.Open Houses
• Issues Workshops -
SMALL GROUP SESSIONS APPLYING PLANNING AND ZONING PRINCIPLES --Apply what you have learned through hands-
_
• on activities
LEGAL ISSUES, EFFECTIVE PROCEDURES-- Examine the legal issues in depth
—What Are Takings? —Applying the Principles
—Living With the 60-Day Limit
•
SMALL GROUP SESSION --Apply what you have learned through hands-on activities
—Hands-on simulations of actual planning and zoning dilemmas
—Hot issues--Answers to your specific questions -
A BRIEF OVERVIEW OF MINNESOTA'S ENVIRONMENTAL REVIEW PROGRAM--Learn about your roles and responsibilities.
—EAW, EIS,AUAR
PRACTICAL ADVICE-- Discover effective shortcuts plus ways to avoid planning and enforcement pitfalls
—Procedures Manual Advice for Handling Controversial Hearings
—Prototypical Planning Report —Working Relationships
—Sample Findings of Fact —How to Handle Conflicts
-QUESTIONS, DISCUSSION
CORE FACULTY
-
Karen Cole, Attorney, Kennedy & Graven
John Shardlow, President, Dahlgren, Shardlow and Uban, Inc.; planning consultant •
•
LOCATIONS
Saturday, March 14 and Saturday,April 25,.1998-- Earle Brown Center. -- U of M St. Paul Campus,
1890 Byford Ave. •St. Paul, MN 55108• (612) 624-3275
• Thursday,April 30, 1998-- Best Western Kelly Inn, Hwy 23 and 4th Ave. S., St. Cloud, MN 56301 • (320) 253-0606
• g
$99 per person or$85 per person for 3.or more people from the same jurisdiction. This course has been approved for 6.5-hours
'of continuing Real Estate-Education Credit. , •
HAVE WORKSHOP.- WILL TRAVEL! •The program can be presented for a diverse group--
advisory commission members,elected officials, staff,
Government Training Service can customize The workshops in this interested citizens.
brochure and other planning topics, especially for your community! •Costs can be shared by two or more jurisdictions.
You choose the topics, date, location, and supply the participants. Call Vivian,Hart (612)222-7409 to explore the possibilities.
'9l provide the faculty and materials.
dome possible in-house planning workshop topics include, but are . CONSIDERING A GOAL-SETTING OR TEAM
not limited to: " BUILDING SESSION FOR YOUR GOVERNING BODY
•Updating Your Comprehensive Plan OR AN ADVISORY COMMISSION?
•Planned Unit Development •
•Environmental Issues GTS can provide trained facilitators who have extensive experience
- •Housing& Economic Development Tools working with local governments like yours! We can also facilitate a .
•The Art of the Deal , process designed to gather citizen input,to guide problem solving,to
•Visionary Leadership help re-allocate scarce resources and made budget decisions, or to
•Hanging Tough in Tough Times help strengthen existing teams.
More and more cities and counties are taking advantage of this con- Using-professional,objective assistance can be even more beneficial
venient, cost-effective way to make such educational opportunities when you are faced with these times of reduced resources and tough
available to those involved in local planning. decisions. -
OTHER BENEFITS: Call Mary Sabatke(612)222-7409 for all the details.
•The content can focus on your current issues..
LAND USE PLANNING WORKSHOPS
REGISTRATION FORM (PLEASE TYPE OR PRINT) ,
This form may be duplicated. Please fill out one form per workshop. You will not receive confirmation of your registration.
Name Daytime Phone( ) Fax
Title How long in position Jurisdiction/Agency
Billing Address
'IState/Zip_
orkshop Title Workshop Date/Location Fee
O Enclosed is$ per person payable to Government Training Service O Bill me(registration fee plus S8 billing charge).
Check# P.O.#
O Enclosed is$ per person for 3 or more people from same jurisdiction -
Check#
Mail to: Registrar, Government Training Service, Suite 401, 480 Cedar Street, St. Paul, MN 55101 or fax to (612) 223-5307
• AT LEAST 7 DAYS PRIOR TO WORKSHOP-DATE!
LAND USE PLANNING WORKSHOPS
REGISTRATION FORM (PLEASE TYPE OR PRINT)
This form may be duplicated. Please fill out one form per workshop. You will not receive confirmation of your registration. ..
Name Daytime Phone( ) Fax
Title How long in position Jurisdiction/Agency
Billing Address
City/State/Zip
Workshop Title Workshop Date/Location Fee
O Enclosed is$ per person payable to Government Training Service p Bill me(registration fee plus$8 billing charge).
Check,# P.O.#
•nclosed is$ per person for 3 or more people from same jurisdiction
Check#
Mail to: Registrar, Government Training Service, Suite 401, 480 Cedar Street, St. Paul, MN 55101 or fax to (612) 223-5307
AT LEAST 7 DAYS PRIOR TO WORKSHOP DATE!
0
AppIe Valleyattaches strings to Wal-Mart OK
DON AHERN STAFF WRITER sion as to what it will look like," said quate to handle even the traffic generat-
Rick Kelly, the city's community devel- _ed by a grocery component, Kelly said.
[� opment director. "The council postponed
those two approvals until it is up and However, he added, the council did rec-
ommend signal lights at Wal-Mart drive-
creased traffic, the Apple Valley City they can go out and look at it. But that ways on Pennock Avenue and 147th and
Council has approved construction of a does not affect (construction of) the 149th streets.
129,000 square foot Wal-Mart store at building. Whether they will be allowed to r--
County Road 42 and Pennock Avenue, on put in the trailers and garden area is If the council had not acted within 60
the western fringe of that city's "down- what will be delayed. The concern was days of Wal-Mart's application — Dec. 24
town." the appearance," and if the areas will be — the company could by default build
The store will not include a groceryadequately screened from neighbors. what it had originally applied for with no
additional conditions imposed by the city.
component, as originally conceived in the "As part of design process, we did end "I don't believe the council was pushed
application in July. Neighbors were op- up requiring them to install a landscaped into it," because of that impending dead-
posed to that because it would generate berm on the 147th Street side across line, Kelly said. "But I think they felt the
traffic 24 hours a day. But the food store from the residential areas," he added plans met .. . the city guidelines and they
was dropped because of corporate deci- [The earth berm will be 8 to 1.0 feet tall, felt comfortable acting."
sion by Wal-Mart to not have a grocery with 8-foot-high evergreens.
component in its Minnesota stores at this The area in which Wal-Mart will build
time. Construction is expected to start in is vacant agricultural land. A Bachman's
The Apple Valley store will be built early spring, with opening in October. floral store is in the northeast corner at
with outside areas for garden sales and About 35 people opposing the store Pennock and 147th streets, and a few
semitrailer storage of Christmas invento- were present at Thursday's council meet- other stores are nearby. About 320
ry. However, the council Thursday re- ing and expressed disappointment. But homes, mostly single-family houses, are
served final approval of conditional use even their own attorney told them that located west and north across 147th
permits for those areas until after they the council had little discretion. The area Street. Pennock marks the westerly edge
are built. is zoned for this type of use, and a traffic of Apple Valley's central business dis-
That delay "was based on some confu- study indicated that the roads are ade- trict.
I
S.AINT PAUL PIONEER PRESS SATURDAY,DECEMBER 13, 1997 j
• • •
THURSDAY,DECEMBER 4, 1997
SAINT PAUL PIONEER PRESS C 5D
•
Woodburyanddevelopers cut deal to save oak trees
JIM BROEDE STAFF WRITER bonus on the remaining 100 acres dard" in size, some as small as 50 produce." between the city and the develop-
in the Puk Family Farm subdivi- feet wide. Single-family lots in the subdivi- ers.
sion at Pioneer Drive and Lake But from the start, the city's sion will have an average width of "There was lots of give and
I n fast-growing Woodbury, devel- Road. That clears the way for 221 planning staff and parks commis- 58 feet. -- take," he added, "and we came up
opers could have decided to de- single-family homes and 234 town-. sion rallied behind the proposal, "Bigger lots, of course, would with' something that's a little bit
stroy an oak stand to make way homes. and praised the developers for offer more private open space," out of the ordinary."
for 300-plus single-family homes. : , "You might call it our first true willingness td provide almost four Jurgensen said. "But there's a Urban clusters are few and far
It's perfectly legal under city zon- urban cluster," city associate limes the amount of parkland cus- trade-off. Owners of those smaller between in the Twin Cities area.
ing. planner Marty Jurgensen said, tomarily required by the city. .,.._ lots are getting easy access to
Instead a deal was worked out. "The '' "This isn't a new concept for
and it might be used as a model planning commission's vi- public open space.
Orrin Thompson Homes andcommunity," Orrin Thompson," Pritchardsaid.
P for others to follow. We're putting sion of a preferable The developers also will set "We have built urban-densityclus-
ters Homes will give to the city limits on urban sprawl and pre- Jurgensen said, "includes larger aside a private, 3-acre corridor tern in otherplaces, articlar)
57 acres - 37 percent of their serving an oak savanna all at the lot sizes to produce a more open running north-south through Puk particularly
157-acre tract - for a public same time." appearance around the structures. Family Farm, including trails con in Denver and Florida."
park. Hundreds of oak trees, some The development met with op- The staff's vision encourages set- necting to the city's oak-tree park. Puk Family Farm prices are
up to 150 years old, will be in the position last summer from the ting aside large amounts of public Bill Pritchard, a spokesman for expected to range from $80,000 to
park. city's planning commission, pri- park and open space and allowing Orrin Thompson Homes, said he $105,000 for townhouses and
The city,meanwhile, will grant marily out of concern that 96 per- buyer preferences to determine thinks everybody is coming out a $130,000 to $200,000 for single-
,about a 50 percent housing density cent of the lots were "substan- what size lots the markt should winner as a result of negotiations family homes.
-7-- - C-f-eCt--Z-0 ' i ..• '' '77e, .&4--e- L./ 20.sd 1,4 6447.e_--0 ) 0:=V15(7
IC /4 _ / �,
�J`es .��/ ...per ' Ge,-
C27" , /
/ tZ "el---"Zej vi..-e-e-e.e.e..c-eci ,--?"S-2-‘. .e_..e.---.(--€.,,,,
-ee ,2-P- --- o--e /moo
AfATfr Plans move ahead for Maple Grove's massive gravel pit
IP Developers '
ream
By Dirk DeYoung for the Metropolitan the Interstate 494 inter-
Staff reporter Council. That would equal change.The city, in cooper-
A rare expanse of unde- the number of jobs in the ation with the area's
veloped land —larger than entire city of Roseville.The landowners and Maple
downtown Minneapolis and population would equal that Grove residents,have draft-
within the legal boundaries of Robbinsdale. ed a plan for the area that
of the metro area — will "It's truly one of the calls for nearly every kind
start opening up to develop- great development opportu- of land use that most corn-
ers next year. nities in this region as we munities have, including
Once fully developed, in move forward in the next housing, offices, industry
20 to 25 years, the area is century,"McElveen said. and retail development. It
expected to employ 35,000 The site is Maple also calls for parks, trails
people and house 14,000, Grove's gravel mining area, and lakes.
said Thomas McElveen, which fronts Interstate 694 The real beauty of the
deputy community director between Highway 169 and GRAVEL PIT to page 28
$a
Huge parcel will reshape suburb 1
mi -Road-
Low-medium 7 '
ARE - den5lLy . r r'`.'"eFj1.-v��2; :ORICe/Wd1'>r�l0use.
residential �`� at`� ' ,
• J _4......._.
S .t., ,.%-;''':',1:A";,.•.„.,•-, t-24 s n
494 .'t..; SLK S.'i ,Q,+;✓k .kf 4:a 1 ` ti
pe i
x1/4!"-'1•;:•.••
s .d -,.. F S�..--..,:.,.-.--......,-,,I.,.. n Z' ,ir itR ^
.. `' Centerom ,, ",. a ,br"�,z Nediumiierisrty f, Office!
r ti industrial
,..J 'iitisl�
---_,17,..,___._
!- M — .a 1{{{4 4 y ri
cp ,,' --': F`,.,5:±-'d,..'',--,:;•;.Z• ..1.': ',00.3/4':,-At-ylty:Ti'A ,----., • ,,,-,....., -
' '�' �� eta') �:�� .�=�� 169
.- ,..
Source:City ofsr -s,._...y , Medical/ — ,
Maple Grove b ,% :t.“,.,71.4- :, :g < b' � a
special area _ office - r
Ian da..x so.
.4 ,v.v.. -y
4,,,, -Iwo ..............,_ .,_. _ sz...,.„....4 , .4. ,
IIII
2s CityBusiness December 19, 1997
FILE PHOTO
G RAVE L PIT i
lefrom page I . ..: f
site,especially to the Metropolitan Council,
is that the 1,900 acres isj inside the council's
Metropolitan Urban Service Area(MUSA), '
where the agency wants new development to 3 -1410M-,,,..--ti` a k
occur to curb urban sprawl. "It makes a lot h _ .
of sense that development occur within our '" �,,
MUSA area as opposed to the ex-urban r " ,' e 7 �. - w_.-..;,-..,-` a`•,'� '�'
k 1 �Y � �' 1
area,"McElveen said. ' �` _ ,
The Met Council ex cls to begin afor- €,,�' Y x . x,
mal review of the city's plan within the next , • 1#is,,,,,' .z fr ;,.` 4,. ; � � .
few weeks to examine how the plan will y� .�y t �,
affect the region's sewer and transportation ,,� , . -: J:vn °Pv4r„ * i
systems,he said.Once the agency approves * + -Q.,-
it,
. tt$` ;;
it,which will come after 60 to 120 days,the r'
city can start signing off on development tel,,,v R �-e ��•_,s,,
proposals for the site. : °- -? * i i .S1 �`-
It won't all be developed at once, since ', , , .,e ..0.-• . . .-.. ,:'
the gravel companies are still mining large '= dt.-t= u . -4 ,� , „ T'--: ,,;,.;....1-,..-4. '
portions of the area.Btjt they expect to fin- Alan Madsen,shown at a different site,sees demand for office space in Maple Grove.
ish and sell off their property within the next •
20 years, with dev lopment generally adding that the plan has plenty of flexibility Minnesota.
spreading from the edges inward. to accommodate developers' wishes. "We The development would include 349
A top priority for tete city is to create a try to view things here in a cooperative man- units of single-family detached housing and
downtown, called Town Center, on the ner." townhomes, he said. But Rottlund also is
western edge of the site,incorporating New Although no leases are signed,Opus has interested in developing other land in the
Urbanism concepts tht actually resemble its sights set on big-box and fashion retail- mining area when it becomes available.
rural downtowns. Bes' es building a new ers,an upscale grocery store,a movie theater "You don't really see too many opportuni-
city hall in addition to a community center and restaurants as well as specialty and ser- ties like this in the metro area that has good
that's already there, T wn Center, located vice shops for the new development, access to freeways," Stutz said. `"There's a
near a lake,would fea parks,trails and a Murnane said. tremendous amount of competition for land
pedestrian-friendly ret 1 district that incor- At the moment, Opus appears to be the within the MUSA."
porates residential space on upper floors and only major commercial developer actively McElveen,of the Met Council,said he is
nearby. working in the area.Talk among developers encouraged that the residential portion of
Minnetonka-based Opus Corp. is work- about building a major regional mall at the Maple Grove's plan calls for a variety of
ing with the city and operty owner Tiller interchange of I-94 and Highway 169 ended housing types suited for various income 1ev-
Corp.on a mixed-use poral that includes in 1996,when Simon Property Group Inc.of els. "It's important to meet the needs of
the Town Center cone pt. The city expects Indianapolis allowed an option to purchase employers for workers,"he said.
Opus to be involved i a charrette on the 150 acres in that area to lapse. But it's not clear how soon office work-
Town Center concept, nded by a$150,000 "It doesn't mean it won't start up some ers will have a place to work in Maple
Minnesota Livable Co unities grant from time,"Madsen said. Grove. Although Opus is proposing office ,
the state,Madsen said. The city still has 210 acres in that area space,it won't commit to building anything
While Opus and ci officials are guard- reserved for nearly three million square feet until it lands anchor tenants. "The[specula-
ing specific details o the proposal, Tim of regional mall space. five] market is not as strong as we'd like to
Murnane,vice president of real estate devel- Even though plans for a major mall have see it,"Murnane said.
opment for Opus, said the project could stalled,the Maple Grove area is attractive to Rival Minneapolis-based developer,
include between 500.0("to 700,000 square retailers because of its rapid growth, said Ryan Cos.,agrees. "You're not going to go
feet of retail space, 500,000 to 750,000 Dick Grones of Edina-based Cambridge up there and put up a 200,000-square-foot
square feet of Class-A ffice space and hun- Commercial Realty, who is representing office tower like you would in
dreds of medium- to 'gh-density housing national retailers interested in the Opus pro- Bloomington,"said John Griffith,vice ores-
units. ject, including several restaurant chains. ident at Ryan.
Some of it, includi g many of the hous- "People still love the area,"he said. Initial office construction probably will
ing units,would be p of Town Center.But Maple Grove has grown rapidly. be buildings constructed for specific tenants,
Opus also wants to evelop a significant According to Met Council estimates, the he said, adding that developers need to see
retail and office comp x fronting I-94,just city's population has more than doubled other office buildings on the horizon before
east of the 275,000-square-foot Maple since 1980,to 44,000 in 1995.A population they build one without major lease commit-
Grove Crossing retail power center that of 60,600 is anticipated by the year 2010, ments.
Opus developed in 1995. Anchors in the growing to 73,000 by 2020. "To be the very first one,you either need
existing shopping center include Kohl's, The Rottlund Co.Inc.certainly is looking to have a big red Superman'S'on your chest
Barnes&Noble,Old avy and Homeplace. at those numbers—and the mining site— and a lot of luck,or you need to have a lead
"They [Opus] hav a good track record with great interest. The Roseville-based tenant to be successful,"Griffith said. •
here," said Al Madse , Maple Grove city homebuilder has already built about 500 Madsen replied that Maple Grove does
administrator. housing units elsewhere in Maple Grove and have demand for office space,citing a small
The developer has et to submit a formal is working with London-based Camas, speculative office building recently built
application to develop he site.'There's a lot which owns mining land there, to develop near Maple Grove Crossing."John[Griffith]
of give-and-take that 'ill take place before 71 acres north of Weaver Lake Road, said has to realize, the crowd's coming here,"
any application is sub itted,"Madsen said, Todd Stutz, president of Rottlund Homes Madsen said. ■
CHAPTER 16
Chapter 16
Comprehensive
planning and land
use
This chapter discusses the two basic methods of city land use
control—land use ordinances and city ownership of land. This
chapter discusses the following topics:
• State policy behind municipal planning
• Municipal authority to plan
• Organization for planning
• Executing and implementing the comprehensive
plan
• Zoning as an important tool in implementing the
comprehensive plan
• New time limit requirements
• Variances
• Permitted,accessory and conditional uses
• Non-conforming uses
• The"taking"issue
• Subdivision regulations
• The official map
• Interim uses
• Certified copies filed with the county recorder
• Judicial review
• Fees
• Records of land use decisions
•
377
HANDBOOK FOR MINNESOTA CITIES
• Real estate acquisitions,sales and other •
dispositions
• How this chapter applies to home rule charter
cities
State policy behind
municipal planning
Minn.Stat.§462.351. State policy-makers recognize that municipalities face
mounting problems with respect to their ability to guide future
land development to ensure pleasant and economical
residential communities and profitable commercial and
industrial enterprises, while still preserving agricultural lands
and open space.
The Municipal Land Planning Act provides the authority and
uniform procedures for conducting and implementing
municipal planning.This land use scheme was designed to
allow for planning,consistency,customer service, efficiency
and a more secure tax base.
Home rule charter cities
•
Minn.Stat.ch.462. For the most part, Minnesota land use law governs home rule
Minn.Stat.§§473.85 -.871. charter cities just as it does statutory cities. In the metropolitan
area, both the Municipal Planning Act and the Metropolitan
Land Planning Act apply to home rule charter cities.
Municipal authority to plan
Minn.Stat.§462.353-.365. Minnesota law gives cities the authority to regulate the way
land may be used. The Municipal Land Planning Act creates a
single, unite':n procedure that applies to all cities. Ordinances
must comply with both the substantive and procedural
Minn.Stat.§§473.851-.871. requirements contained in the act. Metropolitan area cities are
also empowered and governed by the Metropolitan Land
Planning Act.
Minn.Stat.§462.357,subd.2. A comprehensive plan, while not required outside the seven-
county metropolitan area, must be adopted before a zoning
ordinance may be adopted or amended.
378 411
CHAPTER 16
• Having a comprehensive plan is also useful to assist with the
coordination of other land use programs, and to serve as a
basis to defend the legality and administration of zoning
ordinances. For example, if a council follows the terms of a
zoning ordinance that is based on a comprehensive plan, the
council may deny approval of a plat that is inconsistent with
the plan and ordinance. Additionally,a council may deny a
request for re-zoning if it is inconsistent with the
comprehensive plan. Courts seem reluctant to substitute their
judgment for that of a council when the council makes land
use decisions consistent with a comprehensive plan.
Organization for planning
Cities may exercise a wide range of discretion in developing
internal planning. In fact,cities need not undertake formal
planning activities at all. Planning organization may take
several different forms: the council may assume total
responsibility, it may delegate this duty to administrative
officers,or it may appoint a planning agency or commission.
Minn.Stat.§462.354,subd. 1. Councils create these agencies or commissions by ordinance.
The role of the planning agency or commission is to advise the
• council. City officials may serve as members,and the
organization is left to the discretion of the council.
Minn.Stat.§462.354,subd 2. Cities are also authorized to create a planning department with
an advisory planning agency or commission. In that situation,
the agency or commission advises the department, which then
advises the council.
Usually, it is a good idea to create a planning agency or
commission. City officials are often so consumed with daily
demands that they don't have time to survey and evaluate the
long-range objectives and implications necessary to create and
implement a comprehensive plan. Planning agencies or
commissions, on the other hand, are usually composed of
people who focus on preparing and implementing plans and,
thus,can devote their full attention.
•
--- 379
HANDBOOK FOR MINNESOTA CITIES
• Review of land acquisitions and capital •
Minn.Stat.§462.356,subd.2. improvements.Once an agency adopts a
comprehensive plan or part of a plan, all proposed
land acquisitions and capital improvements of the city,
or any other governmental unit with jurisdiction in the
city,must go to the commission for review. The
agency will then submit a written report describing its
findings. (The council may,by two-thirds vote,
dispense with this requirement if it feels no planning
implications are involved.) Failure to report in 45 days
is deemed approval.
The planning commission or agency is responsible for
reviewing land use control measures. The Planning Act
requires the planning agency to review zoning ordinance
amendments, subdivision plats and official maps. Public
hearings may be held before the planning agency, but the
council makes the final determination. Under most city
ordinances, all council determinations having planning
implications first go to the planning agency.
Minn.Stat.§462.354,subd.2. Finally, the planning agency or commission may get the
assignment from the council to act as a board of adjustments
and appeals. Again,every city that has a map in effect, must
establish a board of adjustment and appeals. However,because
•
the board has the authority to review the decisions and
recommendations of the planning agency, it is usually better to
have a board whose members are different from those of the
planning agency.
Executing and implementing
the comprehensive plan
Southern Burlington County Any plan is only as good as its execution. The most common
N.A.A.C.P.v. Township of and effective tools to accomplish this are zoning,
Mount Laurel,336 A.2d 713 P subdivision
(N.J. 1975),cert.denied,423 regulations, official street maps, building regulations and
U.S.808(1975). capital improvements budgeting. A well-organized and
effective program uses all of these tools.
40 382
CHAPTER 16
• Certain procedures guide the adoption and amendment of the
Minn.Stat.§462.355. comprehensive plan. Either the planning agency recommends
the plan to the council, or the council proposes the plan to the
planning agency by resolution. A public hearing must then be
held by the planning agency prior to the adoption of the plan.
Notice of the hearing must be published in the official
newspaper at least 10 days prior to the date of the hearing. The
council cannot adopt or amend the plan unless the planning
agency's recommendation to do so is received, or 60 days have
elapsed since the council's proposal by resolution was
submitted to the planning agency. A two-thirds vote of all the
members of the council is required to adopt or amend the
comprehensive plan.
All acquisitions and dispositions of real property and any
Minn.Stat.§462.356. capital improvements must be reviewed by the planning
agency regarding the consistency of the proposed action with
the comprehensive plan. Written compliance reports must be
submitted to the council or the proposal will be deemed
approved after 45 days.The council may override the necessity
of this review and reporting requirement by a two-thirds vote
upon finding no relation between the proposed action and the
comprehensive plan.
Zoning as an important tool
in implementing the
comprehensive plan
See League memo,Zoning:A Zoning establishes a land use pattern and the orderly
Guide for Minnesota Cities, development of various types of districts according to the best
use of particular areas of a community.
Minn.Stat.§462.357. Zoning ordinances may be enacted for the general purposes of
preserving and protecting the public health, safety, morals and
general welfare. Specifically,these ordinances may regulate
the uses of property, the height, width and size of buildings
and the amount of vacant space on lots in each district. The
regulations must be uniform within each district, but may vary
across different districts.
•
383
HANDBOOK FOR MINNESOTA CITIES
Extra-terrritorial zoning powers S
Minn.Stat.§462.357,subd. 1; A city's zoning authority may be extended to unincorporated
See A.G.Op.59-A-32(Aug. territories within upto two miles of its
18,1995). boundary,unless that
area falls within another city or township that has adopted
zoning regulations.Where zoning is extended,ordinances may
be enforced in the same manner and to the same extent as
within the city's corporate limits.
Zoning in floodplains, shorelands and
wetlands
All lands are not treated equally in Minnesota. Upon finding
that special protection is necessary in order to preserve certain
types of land,special zoning requirements are imposed on
municipalities.Floodplains,wetlands and shorelands must be
addressed separately from other types of lands.
Local units of government are required to adopt floodplain
Minn.Stat.§§103F.121; g
management ordinances that regulate the use of floodplains,
103F.221; 103B.325; 103F.405.
affect the use and development of shorelands, and make sure
that water management ordinances are consistent with the
county's comprehensive water plan.
Soil loss ordinances are encouraged but not required. Many •
cities have their soil and water conservation district review any
proposed subdivision or other proposed land use change to
evaluate the soil characteristics of the land area. Without this
review,a city council might approve a subdivision that has
potential problems on particular lots.
While city approval does not mean that the council guarantees
every lot to be suitable for building,the homeowner will come
to the city with problems such as an improperly working, on-
site sewage system due to soil problems or a wet basement. To
help discourage the subdivider from platting unsuitable or
questionable lots, soil and water conservation district review
will give the city the information necessary to challenge
portions of a proposed subdivision, and to encourage the
subdivider to make the necessary revisions.
The soil and water conservation district's information on soil
types in specific locations is also useful when making other
land use decisions.
386
CHAPTER 16
• Minn.Stat.§ 17.86,subd.6. Additionally, state law requires First and Second Class cities,
and permits Third and Fourth Class cities, to have ordinances
requiring developers to use properly placed trees in new
subdivisions and on lands dedicated to parks and open spaces.
Zoning in the metropolitan area
Minn.Stat.§473.851-.871. In the seven-county metropolitan area,cities are subject to the
Metropolitan Land Planning Act. Each local unit of
government is required to adopt a comprehensive plan that
must be approved by the Metropolitan Council. These plans
must comply with the various plans of the Metropolitan
Council covering such issues as transportation,parks and
sanitary sewage systems. Once a comprehensive plan is in
place, the Metropolitan Planning Act prohibits cities from
adopting official controls that conflict with the plan.
1995 Minn.Laws ch. 176,§5 In many cases,official controls will have been in effect prior to
(amending Minn.Stat.§ the adoption of the comprehensive plan. The longstanding rule
473.858,subd. 1).
in that case was that,where a zoning ordinance conflicted with
the comprehensive plan, the zoning ordinance would
supersede the plan. However, the 1995 Legislature changed
this ruling and current law requires that conflicting ordinances
be brought into conformance with comprehensive plans, and
prohibits metropolitan municipalities from adopting any
ordinance that conflicts with the comprehensive plan.
The Metropolitan Land Use Planning Act is based on the state
Minn.Stat.§473.851. policy that coordinated land use plans, controls and programs
that are necessary to facilitate orderly development and for the
general welfare of the public since metropolitan area local
units of government are interdependent, and problems of
urbanization and development transcend local boundaries.
The Metropolitan Council is required to establish a
Minn.Stat.§473.853. metropolitan land use advisory committee comprised of at least
16 members,one from each metropolitan council district and
such additional members as required to ensure representation
of each metropolitan county. In addition, a chairperson shall be
appointed. At least one-half of this land use advisory
committee shall be elected officials of local government units.
387
HANDBOOK FOR MINNESOTA CITIES
New time limit requirements S
Minn.Stat.§ 15.99. Local government agencies are required to issue or deny
zoning permits and to approve or deny other land use related
applications within 60 days or they will be deemed approved.
The time period will not begin until the application is
complete,but the determination that an application is
incomplete must be made within 10 days of its submission or
the 60-day time period will begin regardless of the
application's completeness.Within the 60-day period,an
automatic extension of no more than 60 days can be obtained
by providing the applicant written notice containing the reason
for the extension,and specifying how much additional time is
needed. Other extensions are available only with the
applicant's approval.
Variances
A variance is a use that is not generally permitted by the
Lugar v.City of Burnsville,295 zoning ordinances,but which is allowed in special cases only.
N.W.2d 609(Minn. 1980). A request for a variance from the zoning ordinances will be
Minn.Stat.§462.357,subd.6. granted upon a showing of undue hardship to a landowner
who is in a unique situation. "Undue hardship"means that the
Rowell v.Bd.of Adjustment, property cannot be put to a reasonable use if the conditions of •
446 N.W.2d 917(Minn.App. the zoning ordinances are followed,the landowner's particular
1989). circumstances are unique and not self-created,and granting a
Hedlund v.City of Maple- variance will not alter the essential character of the locality.
wood,366 N.W.2d 624(Minn. Economic hardship alone will not constitute undue hardship if
App. 1985). some reasonable use exists under the terms of the zoning
ordinance. However,practical difficulties may justify a
variance,and functional and aesthetic considerations may be
taken into account. If the landowner purchased the property
knowing that the zoning ordinances prohibited the use,the
landowner's circumstances are self-created and no variance
should be granted.The board of adjustments and appeals or
the council may impose conditions on variances in their
discretion.
388 •
CHAPTER 16
•
Permitted, accessory and
conditional uses
Chase v.City of Minneapolis, Permitted uses are those uses that property owners have a right
401 N.W.2d 408(Minn. 1981). to engage in. It is generally arbitrary and unlawful to deny a
Rose Cliff Landscape Nursery building permit for a permitted use unless the zoning of the
v.City of Rosemount,467 property is subsequently changed to prohibit that use.
N.W.2d 641 (Minn.App.
1991).
Accessory uses are those uses that cannot stand alone and must
Stodola v.City of Orono, 1994 be accompanied by a principal,permitted use.
WL 272900(Minn.App. 1994)
(unpublished opinion).
Conditional uses are uses that are permitted by the zoning
Minn.Stat.§462.3595. ordinance if certain conditions, having been designated by the
council or specified in the zoning ordinance,are met. In fact,
the city must grant the conditional use permit if the applicant
has satisfied all of the conditions. Conditional uses remain in
effect indefinitely as long as the conditions are observed.
Before a conditional use permit is granted, a public hearing is
410
required. The notice procedures are identical to those required
for zoning permits. A certified copy of the conditional use
permit is required to be filed with the county recorder or the
registrar of titles, and must include a legal description of the
land.
SuperAmerica Group,Inc. v. A conditional use permit may be denied only for reasons
City of Little Canada,539 relating to public health, safety and general welfare, or for
N.W.2d 264(Minn.App.
1995). incompatibility with a city's land use plan.
Non-conforming uses
SLS Partnership v.City of Upon the creation of a zoning district,certain uses will be
Apple Valley,511 N.W.2d 738 allowed and others will be prohibited. Non-conforming uses
(Minn. 1994). are those uses that were in effect prior to the creation of the
zoning district and, in recognition of the landowner's property
rights, are allowed to continue even though such uses are now
prohibited. Besides being allowed to remain in effect,non-
conforming uses also escape from requirements subsequently
enacted, such as setback requirements.
•
389
HANDBOOK FOR MINNESOTA CITIES
County of Freeborn v. While these uses must be allowed to continue, the zoning
Clausen,295 Minn.96,203 ordinance may prohibit them from being expanded, extended
N.W.2d 323(1972). and rebuilt, which places restrictions and limitations on their
ability to exist over time and makes their eventual elimination
more likely.
County of Isanti v.Peterson, Another permissible method of restricting non-conforming
469 N.W.2d 467(Minn.App. uses is a zoning ordinance that requires loss of non-
1991).
conforming use status if the use has ceased operation for one
year. However, the property owner may show that they did not
intend to abandon the use, or that it was beyond their control.
Finally, a process called"amortization"may be used to phase
Naegele Outdoor Advertising out non-conforming uses over a period of time. Amortization
Co. v.Village of Minnetonka, has been usedrinci all with billboards, although under state
281 Minn.492, 162 N.W.2d p p y ou g
206(1968). law the removal of billboards usually requires compensation.
Minn.Stat.§173.17(4).
The "taking" issue
The Minnesota Constitution states, in Article 1,Section 13,
that"[p]rivate property shall not be taken,destroyed or
damaged for public use without just compensation therefore
first paid or secured."
•
Historically,courts have interpreted the takings clauses of both
the U.S. and various state constitutions to apply to situations
where private property is interfered with in some actual,
physical manner. Landowners have also been successful in
persuading courts to allow the extension of this constitutional
prohibition application to city land use regulations. This is
called a regulatory taking because the property is not
physically taken by government. Practically speaking, some
people affected by a city's land use decisions may claim that a
land use ordinance, by restricting their use of their personal
property,has resulted in the taking of their property for which
they must be compensated.
Cities enact zoning ordinances based on their police powers
Los Angeles City Council v. that allow them to reasonably promote the public health,
Taxpayers for Vincent,466
U.S.789, 104 S.Ct.2118 safety, morals and welfare, and which may also include
(1984). protecting the appearance of their community.
Penn Central Transportation Generally,no taking occurs where the city's land use
Co. v.New York City,438 U.S. regulation is reasonably necessary to accomplish a legitimate
104,98 S.a.2646(1978).
government purpose.
390
•
CHAPTER 16
• However,even when a legitimate government purpose exists,a
Agins v.Tiburon,447 U.S.255, taking occurs if the regulation denies a landowner all
100 S.Ct.2138(1980). economically viable use of his or her property.
Lucas v.South Carolina A narrow exception has been carved out with respect to
Coastal Comm'n,505 U.S. regulations that prohibit something that would have been
1003, 112 S.Ct.2886(1982). prohibited by the state's property or nuisance laws.
Nollan v.California Coastal No taking occurs where an"essential nexus"exists between a
Comm'n,438 U.S.825, 107 S. condition imposed on a development proposal and the burden
Ct.3141 (1987).
on the local unit of government caused by such development.
Minnesota courts have ruled that for a taking to occur,the
Parranto Brothers,Inc.v.City application of a land use ordinance must deprive the owner of
of New Brighton,425 N.W.2d
585(Minn.App. 1985). all reasonable use of the land.Where a legitimate
governmental purpose exists and some economically viable use
of the property still exists,a taking will not be found. The
court will look at the regulation's economic impact,the extent
to which the landowner's investment-backed expectations have
been diminished by the regulation,and the general character of
the regulation.
According to the courts,denial of conditional or special use
Hubbard Broadcasting v.City permits and building permits do not constitute an
of Afton,323 N.W.2d 757
(Minn. 1982). unconstitutional taking of property where reasonable uses
remain.
First English Evangelical Two 1987 U.S. Supreme Court cases may have rekindled
Lutheran Church v.Los interest in the takings issue.In one case,the Court ruled that if
Angeles County,482 U.S.304,
107 S.Ct.2378(1987). a zoning or land use regulation is so restrictive as to deny
property owners reasonable use of their property,they may
recover monetary damages for the period the restriction was in
effect,regardless of the length of time.This is not referred to
as a temporary taking.
Agins v.Tiburon,447 U.S.255, The decision was a significant change since prior law allowed
100 S.Ct.2138(1980). governments to simply abandon or repeal those restrictions that
were found to result in a taking without requiring payment of
damages for the time the regulation was in effect.
Nollan v.California Coastal In the second case,the Court ruled that requiring a property
Comm'n,483 U.S.825, 107 S. owner to grant a public easement across the beachfront of a lot,
Ct.3141 (1987).
before the owner could receive a building permit,was a taking
See Lucas v.South Carolina of a property interest for which the owner was constitutionally
Coastal Council,505 U.S. entitled to just compensation.The Court stated that a land use
1003, 112 S.Ct.2886(1992).
regulation is not a taking if it substantially advances a
legitimate state interest and does not deny an owner
economically viable use of the land.
•
391
HANDBOOK FOR MINNESOTA CITIES
The test the Court used is whether the restriction serves a
legitimate state interest,and whether a sufficient connection
exists between the imposed condition and the state interest.To
withstand a taking claim,the land use regulation must meet
both branches of this test.Unfortunately,the Court leaves it to
future court cases to determine what other land use regulations
or requirements may constitute takings.
Dolan v.City of Tigard,512 In a 1994 decision,the Court made it clear that cities
U.S.374, 114 S.Ct.2309 considering land use permit applications would have to prove
(1994).
that any conditions or requirements in the form of land
dedications or easements are in"rough proportionality"to the
impact of the proposed development in both nature and extent.
The determination that conditions imposed or exactions
required are roughly proportional to the impact of the proposal,
must be made in each individual case. At the very least,cities
should give serious consideration to generically applied
conditions or exactions such as using a flat percentage fee or
dollar amount for park dedication fees for each type of
permissible use subject to variances for special circumstances
for particular property.The generic condition,however, should
be based on a study of the rough proportional impact of each
type of use.
Subdivision regulations r
Subdivision regulation is another effective way to implement a
comprehensive plan. Such regulation can promote adequate
street and utility systems,create desirable population
distribution and support the necessary open space for light,air,
health and recreation.To be most effective, a city must
regulate new building developments at the time it subdivides
or plats land.
Minn.Stat. §462.358. Municipalities have the authority to regulate subdivisions of
land to protect the general welfare;encourage orderly
development;provide for affordable housing; and facilitate the
adequate provision of transportation, sewer and water,
stormwater drainage,schools,parks and other public services.
392 •
CHAPTER 16
Subdivision regulations govern the size,location,grading
improvements and similar matters when a tract of land under
single ownership is divided into two or more lots when the
creation of streets and other utilities to service future
development is necessary. Subdivision regulations must
require that future development be consistent with zoning
ordinances and may require consistency with the
comprehensive plan.
Minn.Stat.§505.03. Councils have statutory authority to approve subdivision plats.
All plats must receive approval prior to recording them with
the county recorder or registrar of titles.Prior to approval,the
council may employ qualified people to check and verify the
plat to determine its suitability from the community planning
standpoint.The council may require the subdivider to pay for
the costs associated with this verification process.
Minn.Stat.§462.358,subd. The Planning Act sets platting regulations, which the council
2(b). may adopt. A city may condition subdivision approval upon
the dedication of a"reasonable portion"of the subdivision for
public streets, sewer,electric,gas,drainage and water
facilities.Another option is for the city to require a payment in
lieu of such dedication.The payment would be a cash
equivalent for parks,open space or wetlands.
•
Collis v.City of Bloomington Traditionally,dedications of land in Minnesota were upheld if
310 Minn.5,246 N.W.2d 19 a reasonable relationship existed between the need for the land
(1976).
and the proposed development.Usually,this meant that the
city would have to show that the land was needed because of
the population increase brought about by the subdivision.As
discussed in the previous section,dedications are now subject
to scrutiny under the rough proportionality test formulated by
the U.S. Supreme Court in the Nollan case.Cities should
continue to give careful consideration to the conditions placed
in subdivisions.
Minn.Stat.§462.358,subd.2b Requiring an equivalent amount in cash,based on the fair
(this statute would likely be market value of the undeveloped land, is also permitted. Any
upheld as constitutional as it
seems to meet the Nollan test). payments the city receives must be deposited into a special
fund to acquire land for parks,playgrounds,public open space,
storm water holding areas or ponds,developments or existing
areas,and debt retirement for any land previously acquired by
the city for such public purposes.
•
393
HANDBOOK FOR MINNESOTA CITIES
Crystal Green v.City of Cities may choose to adopt additional regulations necessary to
Crystal,421 N.W.2d 19(Minn. ensure a harmonious process in the development of •
App. 1988).,
subdivisions. Once a plat has been recorded, a developer
cannot challenge the conditions that have been attached. If a
Minn.Stat.§462.358,subd.3a. subdivision will create five or more lots of two and a half acres
or less,the regulations must require that they must be platted.
Procedural matters--such as what is required in an application,
the preliminary and final review process,the
approval/disapproval process,and coordination with other
affected political subdivisions and state agencies--must be
addressed in the subdivision regulations.
Flexibility is allowed in the administration of the preliminary
and final review process,and in the approval/disapproval
process.For example,the subdivision regulations may
consolidate these procedures.The review process may be
delegated to the planning agency,but the council is responsible
for final approval or disapproval.
Prior to any subdivision,a public hearing is required and any
interested person must be given the opportunity to make a
presentation. Notice of the hearing must be published in the
official newspaper at least 10 days prior to the hearing date.
Minn.Stat.§462.358,subd. In order to avoid the legal difficulties inherent in making
2(b). •
special assessments,cities should require the subdivider to
Ruzic v.Ci of Eden Prairie, install all improvement to the council's approval of the plat.
479 N.W.2 417(Minn.App. The city may also enter into a development agreement with the
1991). developer requiring the developer to pay the special
assessments if the city puts in the improvements itself.
Review of proposed subdivisions
An important part of any subdivision ordinance is the
procedure for reviewing proposed subdivisions.These
procedures should include the following steps:
• Pre-application meeting.City officials should meet
with the subdivider to discuss applicable regulations,
giving positive guidance and enough freedom to help
build the community.
394 •
I
CHAPTER 16
• • Preliminary plat.Following the pre-application
meeting,the subdivider should prepare a preliminary
map or plat of the proposed subdivision.The map
should include the location and approximate
dimensions of the lots,easements, streets,public
utilities and other public lands on and adjacent to the
tract.This preliminary plat should go to the planning
agency or commission with all of the specific
information about the proposal. Before making a
decision,the agency should solicit comments and
recommendations from other interested groups and
individuals,and hold a public hearing on the matter.
The council should review the agency's findings and
actions.The time restrictions in the statute should be
followed.
• Final plat.The planning agency should review the
final proposed plat to determine its conformance with
the approved preliminary plat.Following a public
hearing,the council should review the entire project,
including plans and specifications.The city may
require a contract with the subdivider to ensure
compliance with all necessary arrangements.The
council should accept the final plat by resolution,and
• file it with the county recorder or registrar of titles.
The city must file resolutions approving plats that
border another city with the governing body of the
other city.
Minn.Stat.§462.358,subd. A subdivision application must receive preliminary approval or
3(b).
disapproval within 120 days of its delivery,y unless the
applicant agrees to an extension. If no action is taken, the
application will be deemed approved after this time period.
After a plat is preliminarily approved,the city cannot require
any further significant changes.
Upon receiving preliminary approval,the applicant may
request final approval which the city is required to certify
within 60 days as long as the applicant has met all necessary
requirements and complied with any conditions. An applicant
may demand the execution of a certificate of final approval
where the requirement and conditions have been satisfied.
After final approval has been received,a subdivision may be
filed or recorded.
•
395
. t
HANDBOOK FOR MINNESOTA CITIES
Minn.Stat.§462.358,subd. After a subdivision has been approved, for one year after
3(c). preliminary approval and two years after final approval, an
amendment to the comprehensive plan or to the zoning
ordinances will apply to or affect the subdivision with regard
to use,density, lot size, lot layout or dedication or platting--
unless the municipality and the subdivider agree otherwise.
Minn.Stat.§462.358,subd.6. Variances to subdivision regulations may be allowed but only
on the grounds specifically identified in the subdivision
regulations.
Extra-territorial subdivision regulation
Minn.Stat.§462.358,subd. la; As discussed with regard to zoning, cities may, by resolution,
See A.G.Op.59-A-32(Aug. extend their subdivision regulations to unincorporated territory
18, 1995). located within two miles of its boundaries in any direction,
except for a town that has adopted subdivision regulations. If
two or more non-contiguous cities have boundaries less than
four miles apart, each may control the subdivision of land at
equal distance from its boundaries within this area.
Enforcement procedures are the same as if the regulation
occurred inside the city's boundaries. The enforcement
authority continues until the county or town board adopts
comprehensive regulations that encompass the unincorporated
territory.
Minn.Stat.§462.385. Another option is available with regard to regulation in these
unincorporated areas. Upon the request of a city, county or the
adjacent town, the involved parties must set up a board to
exercise planning and land use control authority in those areas
within two miles of the corporate limits of the city. The board
must have an equal number of members from the city, county
and town appointed by their respective governing bodies.
Minn.Stat.§§462.351-.364. This board serves the function of a governing body,having all
of the authority provided in the Planning Act and a board of
adjustments and appeals with respect to land use issues in the
unincorporated areas. Additionally, the board has the authority
to adopt and enforce the uniform fire code within its
jurisdiction.
Unless the parties agree to an alternative arrangement, the city
is required to provide staff for the preparation and
administration of land use controls.
•396
CHAPTER 16
• The official map
Minn.Stat.§462.359.See As a planning tool,official maps ensure that land the city
League memo,The Use of needs for street widening, street extensions, future streets and
Official Maps as a Planning
Device,430c2.2. other public purposes will be available at basic land prices.To
accomplish this,cities have authority to adopt officials maps
that lay out new streets across unplatted territory, showing
future widening or extensions of existing streets and other
public uses.While the planning agency or commission can
prepare the map,the council must approve the map before it
has any legal effect.Land use permits can ensure compliance
with official maps.
The city's land use ordinance should require prospective
builders to furnish a plan showing the location of their
property with reference to the nearest existing streets and
property lines in order to meet set-back requirements. If any
proposed building would encroach on land the city reserves for
public purposes, the council should deny the permit. If the
council denies the permit, the applicant must have an
opportunity to appeal the board of adjustments and appeals.
After the appeal and a public hearing,the board must grant a
• permit only if it finds that:
• The entire property cannot yield a reasonable return to
the owner, unless the city allows the building;
• After balancing the integrity of the official map and
other city plans with the interest of the property owner,
considerations indicate that the permit should be
granted.
Minn.Stat.§462.359,subd.4. If the board grants the permit, it must specify the exact
location, ground area, height and all other details of the
building in question. If the board grants the permit,the council
has six months to take steps to acquire the affected property. If
the council does not act within six months, the permit shall be
issued provided the application complies with all other
ordinances.
•
397
.
HANDBOOK FOR MINNESOTA CITIES
Minn.Stat.§462.359,subd.3. Official maps do not give a city any right to acquire the areas
III
reserved on the map without payment of compensation. When
the city is ready to proceed with the opening of a mapped street
or the widening and extension of existing mapped streets, it
still must acquire the property by gift,purchase or
condemnation. It need not, however,pay for any building or
other improvement erected on the land without a permit or in
violation of the conditions of the permit.
Minn.Stat.§462.359,subd.2.
Procedural steps in adopting an official
map:
• The planning agency or commission prepares and
adopts a major thoroughfare plan and community
facilitates plan as part of the comprehensive plan;
• The agency prepares an official map and
recommendations to the council;
• The council holds a public hearing after 10 days
published notice in the official newspaper;
• The council adopts the map by ordinance; and,
• The city files the ordinance and the official map with
the county recorder.
•
An official map may show purposes for future streets and sites
for other necessary public facilities and services. The purpose
of the map is to permit both private and public property owners
to adjust their building plans equitably and conveniently before
investments are made.
After a major thoroughfare plan and facilities are prepared by
the planning agency and recommended to the council, the
agency may prepare and recommend the official map.
Following the adoption and filing of an official map, the
issuance of building permits are subject to its provisions. If any
building is built without a building permit,or in violation of
permit conditions, a municipality does not have to compensate
the landowner whose building may be destroyed upon the
widening of a street. In other words, while the official map
does not give any interest in land, it does authorize the
municipality to acquire such interests in the future without
having to pay compensation for buildings so erected.
398 •
CHAPTER 16
• The board of adjustments and appeals is authorized to grant a
building permit upon finding that the entire property cannot
otherwise yield a reasonable return to the landowner and that a
balancing of interests requires granting the permit.
Interim uses
An interim use is a temporary use of property until a certain
Minn.Stat.§462.355(4). date,or until no longer permitted. Authority for an interim use
is found in the zoning ordinances where conditions for the use
are also specified. Typically, the conditions will require that
the use conforms with the zoning code, a termination date is
certain, no additonal costs to the public will be incurred, and
the user agrees to additional,reasonable conditions imposed by
the council. For example, if a study is being conducted or has
been authorized,or if a hearing has been held or is scheduled,
Duncanson v.Bd.Of
Supervisors,551 N.W.2d 248 or if an annexation has occurred, the council may adopt an
(Minn.App. 1996,rev.denied). interim ordinance that may regulate,restrict or prohibit any
use, subdivision or development for a period not to exceed one
year with a maximum 18 month extension. The only exception
is that an interim ordinance may not delay or prohibit a
Woodbury Place Partners v. subdivision that has been given preliminary approval (review
Woodbury,492 N.W.2d 258 and approval of a preliminary plat)prior to the interim
• (Minn.App. 1993). ordinance's effective date. The use of an interim ordinance
prohibiting or limiting use of land is generally not
compensable if there is a valid purpose for the interim
regulation. Notice and hearing procedures identical to those for
zoning, subdivisions and conditional uses should be followed
although a recent court of appeals case held such procedures
were not required.
Minn.Stat.§462.36. Certified copies filed with the
county recorder
Cities are required to file certified copies of all zoning
Minn.Stat. §462.3595; ordinances, subdivision regulations,amendments,offical
462.36; 1995 Minn.Laws ch.
105. maps, conditional use permits and variances with the county
recorder or register of titles. All of these documents must
include the legal description of the property to which they
apply. A 1995 law also requires copies of all ordinances be
sent to the county law library.
i
399
HANDBOOK FOR MINNESOTA CITIES
The filing requirement is intended to provide prospective
buyers with notice of existing land use restrictions on a •
particular parcel of property.The legislative reaction to the fact
that this is burdensome to administer,was to enact
contradictory legislation that essentially made the filing
requirements difficult to interpret.Thus, it is best to simply file
all the above-referenced documents until the Legislature
clarifies this area of the law.
Judicial review
To avoid or minimize the costly expenses of litigation,cities
Swanson v.City of should always tape record their meetings,make findings
Bloomington,X421 N.W.2d 307
(Minn. 1988). contemporaneously with any actions taken,and provide an
opportunity for interested parties to speak. If these steps are
followed,the city should have a clear and complete record that
generally limits the court's review of the city's record,and
eliminates the need for additional evidence at trial.
District court review is available,but an exhaustion of the
Minn.Stat.§462.361. remedies provided by ordinance is first required.
Honn v.City¢f Coon Rapids, The general standard for review in all land use decisions is
313 N.W.2d 409(Minn. 1981). whether the council's action was reasonable and rationally
Zylka v.City Of Crystal,283 based. If the city neglects to state reasons for an action taken •
Minn. 192, 167 N.W.2d 45 on the record,the city's action is presumed arbitrary and
(1969). unreasonable. Similarly, if the record contains no findings by
Kehr v.City Roseville,426 the council,the burden of proof shifts to the city to show that
N.W.2d 233 4Minn.App. its actions were reasonable.Findings adopted within a
1988). reasonable time are sufficient.For example,in complex
matters where additional time is required,findings adopted at a
R.A.Putnam Assocs.Inc.v.
City of Mendota Heights,510subsequent council meeting will be appropriate.Findings must
N.W.2d 264(Minn.App. be legally sufficient and factually supported.
1994).
C.R.Investments,Inc.v.
Village of Sh review,304
N.W.2d 320 Minn. 1981).
Fees
Cities may charge fees for administering local land use
Minn.Stat.§462.353,subd.4. regulations.Any city may set fees to sufficiently cover the
costs of reviewing,investigating,administering and applying
for an amendment to an ordinance,regulation or permit
application.
400
i
CHAPTER 16
Records of land use decisions
The denial of a permit and other land use decisions of the
HOnn v.City of Coon Rapids, council,planning agencies or commissions are subject to
313 N.W.2d 409(Minn. 1981).
review by the courts. While the council does not need to
prepare formal findings of fact, it must at least record, in
writing, the reason for its decision.
Curtis Oil v. City of North A council-that fails to follow this requirement will most likely
Branch,364 N.W.2d 880 have a court overturn its decision if challenged in the courts.
(Minn.App. 1985). g
Real estate acquisitions, sales
and other dispositions
Statutory cities are authorized to acquire real and personal
Minn.Stat.§412.211. property, within or outside their corporate limits,by purchase,
See League memo,Tax gift, devise, condemnation, lease or otherwise. The law
Forfeited Land,530b6b.1. permitting the conveyance of tax-forfeited land to a city may
also be used to acquire land for community development
programs.
Minn.Stat.§412.211. Cities are free to hold, manage, control, sell,convey, lease or
iotherwise dispose of real and personal property as required by
the city's interest.
With the council's authorization, no consideration is required
when a city conveys land for the public use to another public
corporation, any governmental subdivision or the Minnesota
state armory building commission.
Special problems arise in conveying lands held in trust for
Minn.Stat.§412.211.See some specified public purpose. Usually a statute or charter is
League memo,Purchase and
Sale of Real Property by Cities, necessary to enable a city to alienate lands it holds in trust and
470a. uses for a specific purpose.
Headley v.City of Northfield, For example, if a city has dedicated land for a public park or
227 Minn.458,35 N.W.2d 606 square, the city corporation holds the property in trust for the
(1949). public and has no power to divert the lands from the uses and
Kronshnabel v.City of St.Paul, purposes of its original dedication.
272 Minn.256, 137 N.W.2d
200(1965).
McQuillin,Municipal
Corporations§28.38.
•
401
HANDBOOK FOR MINNESOTA CITIES
Ag.Op.460-A-15(Nov.20, Thus, it is important for cities to examine the specific language •
1969). of a deed that restricts the purposes of the land to see if the
deed created a trust. If a trust is created and the city sells the
land,the buyer's ownership interest will terminate if the land
ceases to be used for the purpose identified in the deed.
Seattle Land&Improvement Where the park property is conveyed by a deed that contains
Co.v.City of Seattle,79 P.780 no restrictions on its use, the city's authority to sell it to be
(Wash. 1905).
used for other purposes is unclear. Most cases have held that,
Ferry v.City of Seattle,200 P. without use restrictions in the deed, a city may convey such
336(Wash. 1921). property for other purposes.
Caldwell v.City of Seattle, 135
P.470(Wash. 1913).
Minn.Stat.§541.023;See also, A city's power to convey land that is limited to a particular
Minn.Stat.§500.20; purpose is a complicated legal consideration.The council
Witchelman v.Messner,250
Minn.88,83 N.W.2d 800 should seek the advice of its city attorney prior to authorizing
(1957);Witzig v.Phillips,274 any sale or disposition of the property.
Minn.406, 144 N.W.2d 266
(1966).
Ag.Op.469-A-15(May 15, Unless a bond issue is involved in a real property purchase,the
1967). council has complete discretion in decisions involving the
purchase of real property. The statutes do not require the
council to submit the question to voters. Cities may use
contracts for deed for both buying and selling real property. •
Vacating publicly owned utility
easements and land dedicated to streets
and alleys
Statutory cities and home rule cities of the third and fourth
Minn.Stat.§412.851. class may abandon ownership or control over all or any part of
Minn.Stat.§§440.13-.135;See land they have set aside,dedicated or used as streets or alleys.
also§505.14(for plat
vacations).
A statutory city may also vacate any publicly owned utility
Minn.Stat.§462.358,subd.7. easement or boulevard reserve. Steps to do so are:
See League memo,Procedure
for Vacation of Streets in
Cities,525B.2.
• The council may initiate the action by resolution,or a
majority of property owners who abut the land to be
vacated may petition for this action. Such petitions
probably need signatures from both a majority of
landowners, and the owners of at least 50 percent of
the land area.
402
CHAPTER 16
• The council must hold a public hearing on the
proposal following two weeks published and posted
notice.The city must provide written notice to each
affected property owner at least 10 days before the
hearing.
• If the land to be vacated abuts or terminates on any
public water,the city must give written notice to the
commissioner of natural resources.
Krebs v.Town of Northern • If,after completing the above steps,the council
Beltrami County,213 Minn. decides the action is in the public interest,it may
344,6 N.W.2d 803(1942).See
also, 13A Dunnell Minn.Digest vacate the land by passing a resolution. Vacating a
Municipal Corporations§ street or alley must be in the public interest.
58.01.
• After adopting the resolution,the clerk must prepare
and present to the county auditor and the county
registrar of deeds,a notice that the council has
completed the vacation proceedings.
A.G.OP.59A-53(Jan. 13, When a city lawfully vacates a street,the owner of the abutting
977). property holds title to the land in the former street,presumably
to the center line,free of easements either in favor of the
public or owners of other property abutting on the street.Cities
• may specify the extent to which a proposed vacation affects
existing utility easements, including the right to maintain and
continue utility easements.
Minn.Stat.§ 160.05,§ 160.29. However,when a piece of land was formerly a platted street
but the city vacated the street,its prior status would not
prevent a dedication by statutory user if the city maintained it
for six years.
If the city actually owns the dedicated street,the resolution
vacating the street does not divest the city of its rights to the
property. It still may dispose of the property on which the
street was located. It is unusual that the city would own a
street; a city does not gain ownership by plat dedication.
In re Hull, 163 Minn.439,204 An abutting property owner who suffers peculiar damages
N.W.534(1925). from the vacation of the street is entitled to compensation,but
not if the only complaint is that the person must travel further
or over a poorer road when going to and from the property.
Minn.Stat.§505.14. For streets in private and certain platted territories, there is also
a district court procedure for vacation. Before a court may
grant an application,however, the mayor of the city must
receive personal notification of the application at least 10 days
before the court intends to hear the application.
403
HANDBOOK FOR MINNESOTA CITIES
175 A.L.R.773. The action of a council in vacating a street would ordinarily be •
void if it does not hold a hearing, or if it fails to publish and
post notice of the hearing for the period of time required by
law.
Eminent domain
Minn.Stat.§465.01. Cities have the authority to take private property for public use
Minn.scat.§ 117.011. as long as they pa} the landowner reasonable compensation.
This occurs through a process referred to as eminent domain or
City of Shakopee v.Clark,295 condemnation.The property need not be situated within the
N.W.2d 495(Minn. 1980). city's corporate limits.If the property is held by another public
Sch.Dist.No.40 v.Bolstad, body,the city must show a strong necessity for the
121 Minn.376, 141 N.W.801 condemnation.
(1913).
Essentially, as long as a public purpose exists and the
landowner is paid the value of the property fixed in Minnesota
by court-appointed commissioners,a city is allowed to acquire
property against the will of the landowner. However, it should
be clear that a city may not always have the right to institute
eminent domain proceedings upon a landowner's mere refusal
to sell.
Minn.Stat.ch. 117.See League To acquire property by eminent domain,cities must follow the
memo,Municipal Acquisition procedure in the comprehensive eminent domain statute.Under •
of Property by Eminent
Domain, 190. that law, the council begins proceedings, typically by passing a
resolution.The city must then file a petition with the district
court stating the proposed public purpose. If the court
determines that the purpose is an authorized public purpose, it
appoints commissioners to appraise the landowner's damages.
The parties may appeal the commissioners' appraisal.
Minn.Stat.§ 117.016. When one city needs part of a tract of land for some public
purpose and another city needs other parts for a public
purpose,they may enter into an agreement for joint acquisition
of the land by eminent domain.
404 •
CHAPTER 16
• Minn.Stat.§ 117.055. The eminent domain procedure is initiated by a petition that
must describe the land to be taken, and identify the
landowners. The petition is presented to the district court of
the county where the land is situated,asking that the
commissioners appraise the damages that may be caused if the
land is taken. At least 20 days prior to the presentation of the
petition,notice of the petition and the time and place of its
presentation must be served upon the landowners named in the
petition. If certain landowners cannot be found, the petitioner
may file an affidavit to that effect, and fulfill the notice
requirement by publishing the required information in the
official newspaper for three consecutive weeks. Landowners
who are not served are not bound.
A right of way map or plat must be served upon a landowner
along with the written demand.The petitioner has 10 days to
furnish the map following receipt of the written demand.
1995 Minn.Laws ch. 106 A recent legislative decision makes filing a notice of pendency
(codified at Minn.Stat.§ in eminent domain proceedings mandatory and specifies that
117.065).
the filing should be in the registrar of titles for registered land,
in the county recorder for unregistered land,and in both for
registered and unregistered land.
411 Relocation and appraisal fees
Minn.Stat.§ 117.52. The city must pay relocation assistance and benefits to
The Uniform Relocation residents or businesses the city displaces through eminent
Assistance and Real Property domain or by purchase of property if federal relocation
Acquisition Policies Act,42 assistance and benefits are not available. This is a cost that
u.s.c.§§4601-4655. cities will incur with almost every acquisition, and the council
should consider it in making a decision to acquire land. In
some limited circumstances, owner-occupants may waive
relocation benefits.
The purchase of property with the proceeds of industrial
revenue bonds does not constitute an acquisition that would
require payment of relocation benefits. Also, utilities forced to
move from a right of way do not qualify for relocation benefits.
Minn.Stat.§§ 117.085; In both acquisitions by purchase and by eminent domain, the
117.232; 117.50-.56. owner is entitled to reimbursement for appraisal fees (not to
•
exceed$500) if the owner is otherwise entitled to
reimbursement under federal law. The city as purchaser,must
inform the owner of the right, if any, to reimbursement for
appraisal fees, together with relocation costs, moving costs and
any other related expenses the owner is entitled to under
federal law.
•
405
HANDBOOK FOR MINNESOTA CITIES
How this chapter applies to III
home rule charter cities
Land use control ordinances apply to charter as well as
statutory cities. If a charter contains conflicting provisions,
refer to the chapter on the home rule charter city.
Some charters contain provisions for the acquisition and
disposition of real property.The statutes do not give directions
for charter cities to follow, absent charter provisions.
•
406
•