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Work Session Agenda
Tuesday, January 21, 2020
7:00 p.m.
1. Commissioner Orientation. Steve Grittman, City Planner presenting
2. Planning & Zoning 101. Steve Grittman, City Planner presenting
3. 2020 Workplan
4. Adjournment
1. Commissioner Orientation
City of
St. Anthony Village
New Commission Member Orientation
A Village Within the City
Mission
Statement
Our Mission is to be a progressive
and welcoming Village that is
walkable, sustainable and safe.
Agenda
The City
City Council
What Commission
Members Should
Know
City Departments
Notable Achievements
The City
853 cities in MN
Statutory Plan B
Mayor & Council = policy and legislative
City Manager = administration and
operations
120 employees
The City
2.35 Total Square Miles
9,067 Population
20% seniors
20% children
$322,000 medium home value
40% without a mortgage
1,508 acres overall (2.35 square miles)
44% Residential
8% Commercial/Industrial
14% Streets/Utilities/Railroad
34% Open Space/Park/Water
Current Households: 48% Single Family
Detached
52% Attached
Household “Tenure”:57% Owner-occupied
40% Renter-occupied
3% Vacant
Affordability:65% of all housing
affordable to households
at 80% of Average
Median Income
Governance
Nested Bowls
Nested bowls: a metaphor about
empowerment, trust and reasonable
interpretation.
Example in discussing with
commissions and recommending
policy.
The outer bowl controls the set of
bowls. Commission’s fingerprints
should be on outer bowl.
Governmental Authority
City’s Authority
Authority to act must be found expressly in Minnesota law
or be inferred from such law
City’s authority may be pre-empted by state or federal law
Councilmember’s Authority
Council must approve contracts and other significant actions
of the City by a vote of the Council as a whole
Role of the Mayor
•Official head of city
•Signs official documents
•Presides over and preserves order at council meetings
•Votes as member of council
•Represents all residents
•Member of the Housing Redevelopment Authority (HRA)
Role of a Councilmember
•Community leadership At-large: represent all residents
•Legislating for city
•Stewards of city assets
•Member of the Housing Redevelopment Authority (HRA)
Role of a Commissioner
•Review and recommend to the council
•Represent all residents
Planning Commission Statutory Authority
•462.351 MUNICIPAL PLANNING AND DEVELOPMENT; POLICY STATEMENT.
(States the Statutory Authority and rationale for planning generally, in Sections 462.351 –462.364).
•462.352 Subd. 5.Comprehensive municipal plan.
(Defines Terms, including the Comprehensive Plan, and states that, “A comprehensive plan represents
the planning agency's (Planning Commission’s) recommendations for the future development of the
community.”
•462.354 ORGANIZATION FOR PLANNING.
Subdivision 1.Planning agency. Allows for creation of a Planning Commission, and describes its
advisory role to the City Council.
•462.355 ADOPT, AMEND COMPREHENSIVE PLAN; INTERIM ORDINANCE.
Subdivision 1.Preparation and review. Identifies the Planning Commission’s role in preparation of the
Comprehensive Plan.
•462.356 PROCEDURE TO EFFECT PLAN: GENERALLY.
Subdivision 1.Recommendations for plan execution. Describes the Planning Commission’s role in
implementing the Comprehensive Plan.
Others: 462.357 (Zoning); 462.358 (Subdivision)
Powers and Duties
32.06 POWERS AND DUTIES.
The Planning Commission will:
(A) Review and make recommendations to the City Council as to a comprehensive municipal plan,
including the land use plan, a community facilities plan, a transportation plan, and recommendations for
plan adoption and execution;
(B) Consider and make recommendations to the City Council as to all proposed subdivisions and plats;
(C) Consider and make recommendations to the City Council as to all proposed amendments to Chapters
151 and 152 of this code regarding subdivisions and zoning;
(D) Consider, hold hearings, and make recommendations on conditional use permit applications;
2010 S-2
18 St. Anthony -Administration
(E) Review all applications for variance to zoning, hold hearings, and make recommendations to the
City Council; and
(F) Review requests for sign variances.
(1993 Code, §305.06)
Planning Commission
Powers and Duties
Parks & Environmental Commission
33.25 Powers and Duties.
The Parks and Environmental Commission shall be as follows:
(A) To prepare, revise, and maintain a comprehensive, long-term plan for the redevelopment of parks
within the city. This plan shall be viewed as a working document that serves as a framework and reference
to future redevelopment;
(B) To make recommendations to and advise the City Council and staff regarding park and environmental
issues and ideas;
(C) To establish priorities and recommend a phasing plan and schedule for implementing innovative park
and environmental initiatives improvements, renovations, and plans;
(D) To work with other communities to explore cooperative arrangements to develop connecting routes
in the form of bikeways, walking paths, and corridors of green space wherever possible;
(E) To investigate funding sources, including requests for increases in the city budget, designated for
parks, green spaces and environmental initiatives;
(F) To seek new areas for additional parks, natural areas, walking paths, bikeways, and green space
corridors;
(G) To generate community involvement in the development of parks, environmental initiatives and their
elements;
(H) To review and recommend revisions to the operation and maintenance of city parks and
environmental initiatives; and
(I) To periodically review, re-evaluate, and update the comprehensive park and environmental initiatives
plan to reflect current and future park needs of the city. (1993 Code, §306.06) (Am. Ord. 2019-02,
Amended 04-23-19)
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Special Laws and
Concerns for City
Council Members
•Open Meeting Law
•Ordinance vs Resolution vs Motion
•City’s Policies
•Gift Law
•Conflicts of Interest
•Contract Authority
•Data Practices
•Complaints
Open Meeting Law
What is it?
A requirement that pubic meetings must be open to the public. A “meeting” means a quorum of elected officials (here, three) where City
business is discussed. Some meetings may be closed, and certain meetings must be closed.
Rule
A meeting of a public body must be open to the public and can only be held after advance notice of the meeting has been given unless an
exception applies
Purpose
Protects public’s right to be informed
Who Cares?
Residents and especially the press
“But I didn’t think that was a meeting!”
•Before or after an open meeting
•Social gatherings where 3 or more Commission Members attend and City business is discussed
•Serial meetings
•Phone
•Email
Penalties
•Bad press
•Commission member subject to
$300 fine and forfeiture of office
after three intentional violations
•Attorney fees (up to $13,000) may
be assessed against the City
Policies
Use of E-Mail
•City-issued email address
only for City business
•Do not “Reply All”
•Public nature of e-mail
•Retention of e-mail
•Public right to inspection
Motions, Resolutions, and Ordinances –What’s What?
Ordinance
•Is the highest and most authoritative form
of action a City may implement. An
ordinance is intended to be a permanent
law, although it can be repealed.
Resolution
•Less formal than an ordinance and do not
have same enforcement provisions as an
Ordinance. Resolutions are used for
administrative or executive matters or for
statements of policy.
Motion
•Are used to provide acknowledgements or
for giving direction.
Gift Law
Elected and local officials, including employees,
may not receive a gift from any “interested”
person. An interested person is one who has a
direct financial interest in a decision that a local
official is authorized to make.
Exceptions
•Campaign contributions
•Food or beverage at a meeting where a
person is presenting
•Other exceptions (that mostly relate to items
with insignificant value)
Conflicts of Interest
A conflict of interest occurs when an
individual has a personal interest (direct or
indirect) in a Council decision (or another
decision made in his or her official capacity).
Three categories of potential conflicts
•Contractual
•Incompatible offices
•Self-interest in non-contractual matters
Contractual Conflicts
What is it?
A personal financial interest in a contract with the City.
Rule
Prohibited unless a statutory exception exists
Purpose
Protects public money
Exceptions
•Designating a bank or newspaper
•Contracting for goods or services that are not competitively bid
•Several other minor exceptions
Procedure if a contractual contract exception exists
•Disclose interest and abstain from discussions
•Abstain from vote
•Council must approve contract by unanimous vote
•Additional requirements for most exceptions
Penalties
•Bad press
•Contract void
•Gross misdemeanor ($3,000/one
year prison)
Non-contractual Self Interest Conflicts
What is it?
A personal financial interest in a non-contractual decision
Rule
Self interest conflicts are prohibited, but the application of the rule is very
fact specific
Procedure
•City Manager will contact City attorney for analysis
•Disclose interest and abstain from discussions
•Abstain from vote
Penalties
•Bad press
•Council decision can be reversed
•Personal liability
Data Practices Act
What is it?
“Government data” means all data collected, created, received, maintained or disseminated by
state or local government, regardless of its physical form, storage media, or conditions of use.
Paper documents, email, CD-ROMs, videotape, and computer files are all forms of
“government data.”
Rules
•Commission Members receive Information that is Public, non-Public, Confidential, and
Private.
•Staff will try to inform you of the type of information you are receiving.
•Correspondence and email may contain private or confidential data.
•Limited personnel data is public.
•Public has limited access to government data based on data’s classification.
•An individual who is the subject of data has limited access to data regarding him/herself.
•Commission members are not delegated by the City with the authority to determine how
data is characterized or respond to data practices act requests.
•All requests for data should be directed to the City Manager.
Organizational Chart
Administration
City Manager
The Administration Department administers city government within the guidelines of State law
and policies established by the City Council. The City Manager supervises the Administration,
City Clerk, Finance, Police, Fire, Public Works and Liquor Departments in addition to the
consulting planning, legal, and engineering services.
Assistant To The City Manager
The Assistant to the City Manager is primarily responsible for the human resources function in
the City. Administering all the benefit programs, arranging informational meetings with benefit
providers, and generally serving as a resource for staff needs. The position supports the City
Manager, and as a back-up for some City Clerk & Finance Department functions.
Administrative Services Coordinator (City Clerk)
The City Clerk is responsible for the preparation, maintenance and publication of official records,
documents, resolutions and ordinances as well as the maintenance of the City’s website and
communications coordination. In addition, the City Clerk is the point of contact for elections
administered by Ramsey County.
City Planner
In 2019, the city selected Northwest Associated Consultant, Inc (NAC) to provide all planning
related work for the city to be more efficient with the services provided to residents and be
conscious of planning expenditures. The planner reviews land use and development applications,
work with residents on a variety of home improvement projects, and advises on long range
planning for the City.
Finance Department
Mission Statement
Ensure that City resources and assets are managed
effectively to provide residents with the City
services desired and to sustain the City’s
infrastructure for current and future residents.
Responsibilities:
•Budget Preparation and Administration
•Manages Annual Audit
•Accounts Payable and Receivable
•Debt Management/Bond Issuance
•Utility Billing
•Fixed Asset Oversight
•Investments
•Payroll
•Licenses & Permits
St. Anthony Police
Safety Through Service
The St. Anthony Police Department takes pride
in our high quality service. "Safety Through
Service" is our motto. Our emphasis is on
arresting offenders, preventing crime, solving
problems, and increasing the overall quality of
life for those we serve.
In addition to providing police services for the
City of St. Anthony, we provide services to the
city of Lauderdale.
•20 full-time Police Officers
•16 volunteer Reserve Officers
•1 full-time Community Service Officer
St. Anthony Fire
Demand the Best
The St. Anthony Fire Department is committed to
excellent service to our community. We demand the
best from ourselves and others while minimizing the
loss of life, loss of property, and environmental
damage from the adverse effects of fires, medical
emergencies, and hazardous conditions.
The Fire Department is responsible for the House
Code, Code Enforcement and Emergency
Management.
•7 full-time Firefighters –24 hours a day
•27 Paid-On-Call Firefighters
•Responds to all medical and fire calls
St. Anthony Public Works
Livable and Sustainable
The Public Works Department’s mission is to deliver
superior design, construction, operation and
maintenance of the City’s infrastructure. From
quality roads to clean water, and by continually
improving our efficiency and effectiveness, we strive
for a more livable and sustainable village.
14 full-time employees
5 Divisions
Building Maintenance
Parks Division
Streets Division
Vehicle Maintenance
Water/Sewer Division
Parks
The City Parks Division maintains a
total of five primary parks
(Emerald, Central, Tower, Silver
Point, and Trillium). In addition, the
Parks Division maintains the City's
ice skating rinks, which are open
from about December through
February, weather dependent.
Emerald Park Central Park
St. Anthony Engineering
The City of St. Anthony City Engineer is WSB &
Associates. They have served in this capacity
with the City since 1996. The roll of the City
Engineer is to:
•Prepare Feasibility Studies,
•Make Recommendations on Infrastructure
Needs,
•Prepare Construction Plans, Speciation's and
Solicit Bids
•Prepare Assessments
•Manage Construction and Contracts
Current Priorities Include:
•Street and Utility Reconstruction Program
•Flood Reduction
•Sustainability Efforts
St. Anthony Liquor Operation
Mission Statement:
Our goal is to control the sale of
alcohol beverages to minors and
intoxicated persons while
simultaneously generating revenue
to the community, in accordance
with City, State and County liquor
laws and ordinances.
The Liquor Operation contributes
100% of their profits back to the
City’s General Fund.
Top 100 Liquor Stores
Nation’s “Top 100 Retailers”
by Beverage Dynamics
•Award recognizes retailers
throughout the United States who
demonstrate innovation, excellent
customer service and superior
beverage alcohol industry
knowledge.
City of Excellence
Award Winner
“In an era of finite resources and increased demand, the
City of St. Anthony Village has found collaboration to
be fundamental to our mission of providing existing
and expanding services to our community members.
Forging a network of collaboration with numerous
government entities, the City has been able to build
relationships that enable us to maintain and expand a
variety of city services throughout our departments that
may have otherwise not existed”.
Sustainable City Award
The award is given each year to a single city that has
implemented a project, program, or initiative that is
helping the city achieve its sustainability goals through
implementing one or more GreenStep best practices.
GreenStep 5
Minnesota GreenStep Cities is a voluntary program to help
cities achieve sustainability goals. This free continuous
improvement program is based upon 29 best practices.
Each can be implemented by completing one or more
actions at a 1, 2 or 3-star level, from a list of four to eight
actions. These actions focus on cost savings, energy use
reduction, and encourage innovation.
Collaborations
Collaborations
Annual Goal Setting Retreat
Be in the Moment
The City of Saint Anthony is widely
respected as a cohesive group that works
well together as a team, shares mutual
respect, and understands roles and
responsibilities. The City Council and
staff share a great sense of pride in
working together for the best interests of
the citizens of the community.
The work sessions are recognized for
positive, healthy and productive
discussions. Each individual opinion is
respected and all ideas are welcome. This
is an important priority and post session
feedback reinforced this outcome for the
discussions that took place.
The “PYRAMID”
Short & long term goals
Creates creativity & innovation
The Mayor, Council, City Manager,
Department Heads and City Engineer
review the ideas generated from the
Thursday’s Long Term
Vision/Priorities discussion. The 2018
Pyramid’s Action Steps were updated
and some were removed.
Next, the group began to build the
2019 Pyramid as shown.
Sustainability Projects
Kenzie Terrace
In-pavement
Pedestrian Crossing
Faith Methodist
Rain Garden
Silver Lake
Carp Removal
Central Park
Bio-swale
Sustainability Projects
Mirror Lake
Bio-Swale
Silver Lake
Storm Water
Treatment
Stormwater Treatment & Research Facility
ADVANCED OXIDATION PROCESS (AOP) PLANT
The City secured more than $10.5 million dollars
from the Department of the Army in 2016 for the
expansion of the City’s water treatment facilities.
This new treatment process is designed to remove
1,4 Dioxane from the City’s water supply. This
pollutant is a new emerging pollutant of concern
and was discovered in the City’s water supply in
spring of 2015. The City has not exceeded any of
the concentrations that warrant health concerns to
date, but is concerned that they could be exceeded
in the future.
This concern was shared by the Army, Minnesota
Pollution Control Agency, Environmental
Protection Agency and Minnesota Department of
Health. The City proceeded to develop a response
to this threat and the Army agreed to pay for the
new treatment plant expansion to address this issue.
This new treatment process provides assurance to
St. Anthony residents that they will have a safe
drinking water supply well into the future. The plant
became fully operational in August 2017.
Organized Collection
Walkable Community
For more information contact:
Planning
Steve Grittman
City Planner
612-951-1100
sgrittman@nacplannng.com
Parks & Environmental Commission
Jay Hartman
Public Works Director
612-782-3314
jay.hartman@savmn.com
Welcome
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2020
CITY OF SAINT ANTHONY VILLAGE
STANDING RULES FOR CONDUCTING
COMMISSION MEETINGS
INTRODUCTION
In the belief that the best decisions are made by the best informed decision makers and
that public decisions are best served when the public has every opportunity to present
views, the following rules are established to govern regular and special Commission
meetings as well as formal public hearings. There are several goals behind these rules.
In general, free and open discussion by all interested parties should be an essential part of
the decision making process.
The process should have as little procedural overhead as possible.
Time is better spent on substantial matters rather than performa matters.
MEMBERSHIP
The formal Commission membership consists of seven Planning/five Parks Commission
members. . All have one vote each and all can introduce motions. For purposes of leading
the meeting, the Chair, or in the absence of the Chair, the Vice-Chair will be considered the
Chairperson. A quorum is required to do official business and a quorum of the Commission
consists of four Planning and three Parks members.
Meetings of the Commission shall be held on the third Tuesday (Planning) of each month
and on the first Monday quarterly (Parks) at 7:00 pm. Commission work sessions will be
called from time to time, as deemed necessary.
RULES
Order of Business
The following shall be the order of business of the Commission:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MEETING AGENDA
APPROVAL OF MEETING MINUTES
2020
PUBLIC HEARING (Planning)
REPORTS
PRESENTATIONS
OTHER BUSINESS
COMMUNITY FORUM
Individuals may address the Commission about any Commission business item not included
on the regular agenda. Speakers are requested to come to the podium, state their name
and address for the secretary’s records, and limit their remarks to five minutes. Generally,
the Commission will not take official action on items discussed at this time, but may refer
the matter to staff for a future report or direct that the matter be scheduled on a
upcoming agendas.
INFORMATION AND ANNOUNCEMENTS
Should be germane to the duties of the Commission
ADJOURNMENT
AGENDA
To be considered, an item must on the agenda and the agenda must be distributed to all
the Commission members and any other persons having responsibility for an item at least
three working days prior to the meeting. An agenda can be modified with addendum by a
majority vote but this should be used only for minor items or items with extreme time
constraints.
With there being cable TV and in-person audience, who are not as familiar with each item,
the Chair will give a brief explanation of each item as it is addressed.
The order of items on the agenda need not be followed absolutely. The Chair may adjust
the order in the interest of:
▪ Filling in time before a scheduled item, i.e. a public hearing.
▪ Grouping several items to best make use of consultant time.
▪ Accommodating individuals who have attended the meeting specifically to provide
input on an item.
2020
PROCESS FOR REGULAR AND SPECIAL COMMISSION MEETINGS
For these proceedings the Commission will use the “open discussion” procedure. That is,
discussion is open to any member before or after a motion is made. The privilege is also
extended to the staff, and any of the consultants who may have an interest in or can
contribute to the item at hand.
The Chair can make liberal use of the “unanimous consent” procedure. That is, items that
in the judgment of the Chair are likely to be unanimously approved can be introduced for
approval with the statement: “If there are no objections, stands approved (or denied).” If
any Commission member has an objection, the item reverts to the standard motion
procedure. This “unanimous consent” procedure cannot be used for items requiring
formal votes, i.e., resolutions or for approval of the consent agenda.
The standard motion procedure is that each motion requires a second. This also applies to
amendments. Any motion, by any member shall be reduced to writing upon request of any
member. No motion shall be put to a vote until it has been stated by the maker at the
request of any member of the Commission.
To eliminate confusion, only one amendment will be considered at a time and that
amendment must be germane to the motion. An amendment cannot itself be amended. If
a change to an amendment is deemed appropriate, the amendment should be withdrawn
and reintroduced accordingly.
The general mode of voting will be by acclamation but with enough clarity that individual
votes can be recorded in the minutes. If in doubt, any member can request clarification.
Each individual’s vote will be entered in the minutes.
Any member may abstain from voting or disqualify themselves. The reason for
disqualification or abstention must be stated by the member and entered into the minutes.
If a member disqualifies them self, they may leave the room while the issue is being
considered.
Roberts Rules of Order (revised) shall govern the Commission procedures not covered by
the Standing Rules of the Commission.
The meeting will be recorded, and the recording will be retained for three (3) months
following approval of the minutes of the meeting. The standard retention can be extended
if in the judgment of the Mayor, City Clerk or any other Councilmember, such action is
warranted.
If the Commission action is the result of a resident request and that request is denied in
whole or in part, reasons of the fact supporting the denial will be made part of the public
record.
2020
PROCESS – PUBLIC HEARING (Planning Commission)
Since a public hearing is a more formal procedure and often requires certain procedures
and actions to be legal, the meeting rules are changed accordingly.
The primary aim of a public hearing is to take input from the public. To accomplish this in
the most effective manner, the Chair will introduce the hearing with an explanation of the
issues. The Chair will give this explanation or a person designated by the Chair . The use of
explanatory visual aids is encouraged.
Following the explanation, input from the public will be taken. Prior to accepting input
though, the Chair will state the areas where input will be appropriate, the maximum time
to be allotted to any individual presenter and any other procedural rules deemed
appropriate to guarantee that all concerned parties have a fair and adequate opportunity
to be heard.
All individuals wishing to speak must fill out and submit an identification form and speak in
to a recording microphone. Individuals not wishing to speak in public may provide a
written statement. The Planning Commission may take up to 15 minutes to review written
statements presented at the meeting. If the Commission decides not to act on the issue at
the public hearing meeting, it may by majority vote extend the time where written input
will be taken to a day not later than one week before the next meeting where a deciding
vote is planned.
All speakers are to address the commission, expected to be business like, to the point and
courteous. Anyone not abiding by these rules will be considered out of order.
• Everyone who wishes, will have a chance to address the Planning Commission, citizens
must address all questions and comments to the Chair , who will then determine who will
answer them. Questions will be answered when all persons have had a chance to speak.
Only one person may speak at a time. Citizens are urged to be polite and quiet as
comments are made to the Planning Commission. Applauding or other displays of approval
or disapproval are inappropriate during Planning Commission proceedings.
• No one will be given an opportunity to speak a second time until everyone has had an
opportunity to speak initially. Please limit second presentation to new information and not
rebuttals.
• The Planning Commission will refrain from initiating a discussion during the public input
phase of the hearing except to clarify points brought up.
• When public comments are completed, the Planning Commission closes the public hearing
and starts its own discussion. The audience is welcomed to listen quietly to the discussion
but is requested not to make comments.
2020
Once the public testimony phase is complete, the Chair will announce the public hearing to
be closed and the Planning Commission will revert back to its open discussion mode of
operation. From this point on, public input will only be appropriate when solicited by the
Planning Commission.
It shall be the intent of the Planning Commission to vote on the issue at the same meeting
as the public hearing and as close in time to the public hearing as possible. Should it be
necessary to defer voting until a later date, the procedure will be clearly explained to the
audience.
If the motion contains conditions, as may occur in conditional use or variance requests,
those conditions will be conveyed in writing to the requestor.
If the public hearing is the result of a resident request and that request is denied in whole
or in part, reasons of fact supporting the denial will be made part of the public record.
ANNUAL REVIEW
These rules will be reviewed by the City Council.
INTERPRETATION
The Chair will interpret the rules. However, the Chair’s interpretation can be appealed by
any Commission member and can be overruled by a majority vote.
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2020
St. Anthony Planning Commission
Seating Chart
Grittman Morita Payne Socha Westrick Neumann Rude Erickson Planner 3rd Most Senior 2nd Most Senior Vice Chair Chair Most Senior 2nd Most Senior 3rd Most Senior Student Liaison
PODIUM
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MEMORANDUM
ATTORNEY/CLIENT PRIVILEGED
PRIVILEGED AND CONFIDENTIAL
TO: City of St. Anthony Planning Commission
CC: City of St. Anthony Mayor and City Council
FROM: Phil Steger
DATE: July 12, 2017
RE: Principles to Observe When Considering the Lowry Grove Redevelopment
Application
The Village LLC, which is owned by Brad Hoyt’s Continental Property Group, LLC
(“Continental”), will soon submit its formal application to redevelop Lowry Grove. As part of its
review, the Planning Commission will hold a public hearing on the application. In preparing for
this hearing, the Commission should keep certain principles in mind.
In reviewing the application, the Commission will act in a “quasi-judicial” role, which
imposes certain constraints on the Commission’s conduct. The quasi-judicial role and its
constraints is in contrast to the “legislative” role in which a city body often acts.
When adopting or amending an ordinance, a city entity exercises so-called “legislative”
authority. It makes policy and establishes rules to advance the health, safety, and welfare of the
community. When acting legislatively, a city entity’s discretion is at its broadest point and will be
shown considerable deference by a reviewing court. Like a member of Congress or a state
legislature, a city official may express an opinion or advocate for or against a particular policy
proposal or proposed rule without first hearing all the evidence and arguments concerning it.
In contrast, advocacy by a city official acting in a quasi-judicial capacity can result in a
legal challenge to and even overturning of the city’s decision in the matter if the advocacy
occurs before all the facts have been gathered. When considering a specific request, such as
for approval of a redevelopment application, the city acts quasi-judicially, like a court, in that it
applies rules already in existence to a specific situation.
When acting quasi-judicially, a city body’s job is first to determine the facts of a particular
request, and then apply the legal standards or rules contained in the relevant ordinance and
state law to those facts to reach a legal conclusion regarding whether, given the facts, the
request meets the standards or satisfies the rules. As such, its discretion is limited.
The League of Minnesota Cities has illustrated the spectrum of discretion in terms of a
Pyramid: a city decision-maker has the most discretion when creating rules (zoning/ subdivision
ordinances and comprehensive plan), some discretion when applying rules (variance and CUP
2
requests and subdivision applications), and the least discretion when administering rules
(building permits and plan review).
Where the Commission has the least discretion it must be the most circumspect and
disciplined in its statements regarding the matter before it. When applying or administering
rules or ordinances to specific circumstances, it must gather and consider all the facts –
including through public hearings or any other required procedures – before applying the law
and expressing an opinion or making a decision.
Failure to observe these principles could result in a legal challenge to the city’s decision,
resulting in its possible invalidation. If challenged in a lawsuit, a court will review whether the
city decision maker relied on factors it is not permitted or intended to consider. In re Block, 727
N.W.2d 166, 178 (Minn. 2007). In a 2007 lawsuit brought by Brad Hoyt and Continental against
the City of Minneapolis, the Minnesota Court of Appeals invalidated a city council decision
denying Continental’s conditional use permit and variance requests, because one of the city
councilmembers “took a position in opposition and exhibited a closed mind with regard to”
Continental’s proposed project. Cont’l Prop. Group, Inc. v. City of Minneapolis, 2011 Minn. App.
Unpub. LEXIS 415, **17-20 (Minn. Ct. App. 2011). The court determined that the
councilmember’s adoption of “an advocacy role” before the “discharge[ of] her quasi-judicial
duties” established that the city council “relied on factors it was not intended or permitted to
consider” in denying the applications. Id. at *19. The court found the decision to deny the
applications was therefore arbitrary and capricious and consequently invalid. Id. at **19-20.
We recommend that members of the Planning Commission refrain from making any
statement that could be perceived as advocating for or against The Village redevelopment
application prior to or during the public hearing. Statements supporting or opposing the
application should only be made after the Commission has heard all facts offered for or against
it.
2. Planning & Zoning 101
St. Anthony Village
Planning Commission
Training
January 21, 2020
Planning and Zoning -Introduction
•Land Use Planning is an activity permitted to
local governments by the State –MN Stat 462
governs planning and zoning.
•Prior to our current zoning process, land use
was regulated by nuisance law.
•Nuisances are infringements on property rights
held by another person.
•Property rights include the right to use one’s
property for one’s own benefit, and not to be
unreasonably interfered with by others.
Introduction, cont’d
•Nuisance law is notoriously difficult to manage –expensive,
uncertain, inconsistent from place to place.
•Public zoning took the place of private nuisance lawsuits in the
early 1900s. The theory was that a consistent set of land use
expectations could be written and defended, and people could
make more predictable investments in real estate, under a public
scheme.
•Public land use regulation acknowledges that the public has a
stake in how property is developed, since the public will be asked
to maintain the infrastructure and public safety to preserve it –
the “police powers”.
Meeting Conduct –Roberts’ Rules of Order
•Roberts’ Rules govern –generally –the
conduct of meetings.
•The objective of the rules is to run a fair,
open meeting and get the best information
out to the decision-makers.
•Most meetings are run very informally,
where the chair has significant latitude to
vary the process to run efficiently, while
maintaining fairness.
Comprehensive Plan
•The fundamental planning document –
required in the 7-County metro area.
•Most recognizable portion –the Future Land
Use Plan. The most critical –statement of
Goals and Policies.
•Everything done as a part of land use
regulation should relate to the City’s land
use goals and policies.
Comp Plan, cont’d
•The City has a great degree of
discretion in setting the terms of its
Comprehensive Plan.
•As one works from the bottom of this
pyramid to the top, discretion lessens,
until at the top, the City is functioning
in what is referred to as a “clerical”
role only.
Zoning, and Zoning Ordinances
•Zoning and Subdivision regulations are by far
the most common implementation tools of
Comprehensive Plan policy.
•Zoning amendments consist of two types: Text
Amendments and Map Amendments (commonly
called “rezoning”).
•Both adopted by ordinance.
•Regulated by statute according to City class
size –large cities (like Minneapolis and cities in
other states) can often do things St. Anthony
can not!
Zoning and Subdivision, cont’d
•Zoning amendments are regulated by the following basic criterion:
•Whether the proposed amendment is
consistent with achieving the goals and
objectives outlined in the comprehensive
plan.
Zoning and Subdivision, cont’d
Other common considerations:
i.Traffic levels capable of being handled on existing roadways.
ii.Utility demands capable of being served with existing utility
capacity.
iii.Land Use compatibility with adjoining property.
iv.Consistency with Land Use guide plan.
v.Environmental concerns (air, soil, water) and potential
hazards to the public.
vi.Impacts on Schools, Parks or Open Space.
Conditional Use Permits
•Uses that are presumed to be allowed
but require special conditions to
address special impacts of the use.
•Difficult to deny –the City should be
able to identify specific issues that
need changing to meet the intent of
the City’s land use goals.
•The most common generator of
conditions of approval, and the
conditions must address an impact
created by the proposed use.
Interim Use Permits
•Just like a Conditional Use Permit, but with
a specific timeline attached.
•Expiration may be a date or an event.
•Should be accompanied by a written
statement of agreement from the applicant
verifying the expiration of the permit.
•New permits are new, technically not
“renewals” –there is no inherent right to
continue a use after the termination date.
Variances
•An approved variation to a (usually) dimensional
standard, such as a setback, or lot coverage, or
number parking spaces, etc.
•Requires a finding that there is a specific, unique
“practical difficulty” in putting the property to
what would otherwise be a reasonable way to
use the property.
•Designed to be somewhat difficult to get –there
is a presumption that the City’s general
ordinances do a thorough job of addressing the
most common conditions.
Decision-making, Findings
•Findings of Fact are critical to good decision -making.
•The Commission or Council should be able to state the reasons,
based in the City’s land use goals/policies, why a decision is being
made, pro or con.
•Should be made at the time of the decision, in writing.
•Should be based on evidence presented to the public body –not
some outside knowledge the Council or Commission has.
•Solid findings protect the City from future litigation –a court will
rarely overturn clear findings, and will presume those facts.
•Staff’s practice will be to build findings into the resolution, but
the Commission should add findings it deems relevant.
“60-Day Rule”
•An administrative responsibility –from MN Stat
15.99 –to ensure zoning decisions are made
promptly, within 60 to 120 days.
•The date is from the date of complete
application to the final Council decision.
•The City has 15 days to determine whether a
land use application is “complete” for review.
Once complete, the 60-day clock starts ticking.
Subdivisions and Plats
•A separate responsibility of City land use
regulation.
•Typically, the City should try to imagine
how the design of the subdivision will
create neighborhoods that are
consistent with the City’s land use
objectives.
•Not a significant issue for SAV, given full
development. Subdivisions will usually
be functions of other zoning requests.
Planned Unit Development
•PUD is considered a single project on a single parcel of real estate, even though it may be many of both.
•PUD is used to coordinate large complex developments,or manage smaller projects that use unique planning techniques –the lower threshold in SAV is 3 acres.
•At all times, the threshold for a PUD proposal is whether it does a better job of meeting the City’s land use objectives that would straight zoning.
Nonconformities
•Land uses that were once legal under the
then-existing code, but which now no longer
meet the requirements or uses allowed in
the zoning district.
•A nonconformity owner may continue the
use into the future if it is continuous,
including reconstruction (but not
expansion), but the code is designed to
bring the use of the property into
conformance eventually.
•The City has only limited authority to
eliminate lawful nonconformities.
Questions?
Stephen Grittman
SAV City Planner
Northwest Associated Consultants, Inc.
4150 Olson Memorial Hwy, Suite 320
Golden Valley, MN 55422
763.957.1100
sgrittman@nacplanning.com
planner@savmn.com
3. 2020 Workplan
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
Office: (612) 782-3301 • Fax: (612) 782-3302 • www.savmn.com
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
St. Anthony Village Planning Commission
Proposed 2020 Work Plan
General Items
1. Review and Recommend Actions on Land Use and Development Applications
2. Monitor Common Planning and Zoning Issues for Follow-up
3. Maintain Training Opportunities on Land Use Issues
4. Maintain Communications with City Council as to Land Use Policy
Specific Tasks
A. Undertake Implementation of Comprehensive Plan Policy and Land Use Objectives
1. Reconcile conflicts between proposed land use plan map and zoning map.
2. Update Zoning Districts, where needed, to better address contemporary
development patterns and demand.
a. R-4 District – Density, Building Size, Site Planning Expectations
b. Industrial District – Land Uses, Architectural Standards, Site Planning
c. Commercial District – Land Uses, Architectural Standards, Site
Planning
3. Update Zoning Regulations, where needed, to implement specific Comp Plan
goals, as well as common zoning issues.
a. Accessory building regulations (Ongoing)
b. Review dimensional standards in R-1 Districts to maintain intended
neighborhood character, and promote existing residential reinvestment
c. Others as identified throughout year.
B. Monitor Emerging Planning Issues and Address as Needed
See attached list
Emerging Planning Issues
Category
Item Time Frame
Land Use and
Zoning Topics
• Short-term rental pressure (AirBnB, e.g.).
0-2 years
• Housing maintenance code issues, esp. for single-family
rental housing.
0-2 years
• Blending of commercial and industrial enterprises (e.g.
small scale: brewery taprooms, and similar “maker” spaces
that encourage both manufacturing and storefront retailing
in the same space.
0-2 years
• Non-exclusive residential density (e.g., Minneapolis
elimination of single-family zoning).
2-5 years
• Pressure for development of self-storage in retailing areas
responding to increases in multi-family development.
2-5 years
• Future reconversion of overbuilt senior housing units
following baby-boom generation.
5-10+ years
General
• Conflicts between public engagement efforts and declining
civil discourse.
Ongoing
• Expanding impacts of religious land use and assembly use –
especially religious land uses in traditional residential
settings.
Ongoing
• “Amazon Effect” – variable pressures on existing
commercial spaces due to online e-commerce.
0-2 years+
Transportation
Topics
• Bicycle/Scooter rentals
0-2 years
• Autonomous vehicles – changes foreseen due to
automobile storage and remote garage storage.
2-5 years
• Car-sharing – long term impacts on possible reduction in
overall automobiles-per-household in high car-sharing
areas.
2-5 years