01-27-2014 Council Packet - Laserfiche WebLink

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MINUTES OF THE � SPECIAL ORONO CITY COUNCIL MEETING Monday,January 6, 2014 7:00 o'clock p.m. (1. #13-3638 and#13-3639 SOURCE LAND CAPITAL, LLC(PAT HILLER) O/B/O GRANT WENKSTERN(LAKEVIEW GOLF), 405 NORTH ARM DRIVE—COMPREHEIVSIVE PLA1V AMENDMEIVT AND SKETCH PLA1V REVIEW, Continued) Tom Radio, Attorney-at-Law with Best &Flannigan, stated he has been practicing land use and municipal law for approximately 30 years and that he has served as a city attorney to the Cities of Minnetrista, Afton, and Orono. Radio stated he is here tonight because the group has asked him to comment on the Comprehensive Plan process,the importance of the Comprehensive Plan, and the legal tests involved with amending it. Radio indicated he has provided a legal analysis to the City Attorney but that he wants to emphasize three key points. Radio stated the first point is that the City has broad discretion, authonty and responsibility to preserve and protect the Comprehensive Plan. The courts will defer to the legislative determination of the City in drafting and amending the Comprehensive Plan as long as there is a rational basis for that decision. Radio noted he analyzed two key cases in his letter dealing with golf courses. In those cases, the Minnesota Supreme Court was very deferential to the City Council and to its determination of what was appropriate and what was in the Comprehensive Plan. Radio stated comprehensive plans,particularly since the 1995 Comprehensive Planning Act, are considered to be a fundamental planning document that reflects the goals and objectives, the dreams and the long-term history and legacy of every community in Minnesota. Radio stated the Comprehensive Plan is an important document to protect because it captures for a long-term basis the hopes and aspirations of a community as they move through development,redevelopment,providing facilities and recreational activities, as well as protection of property rights. Radio stated it is a fundamental, constitutional document for the planning of any city. Radio stated in this particular instance, and in every instance where there is a change to the Comprehensive Plan, a careful analysis is required of the many factors involved, not only in this application, but to any plan that may be adopted in the future. Radio indicated he would agree with the City Attorney on the question of the conflicts between the Comprehensive Plan and zoning ordinances and that it is largely a non-issue. The courts have basically said under the 1995 Act that the Comprehensive Plan is the pre-eminent zoning document, and if there is a conflict, they need to be brought into accordance with each other. Radio noted in the Mendota Golf case,the Supreme Court stated if there is a discrepancy between the two documents; the zoning regulations do not trump the Comprehensive Plan. Radio indicated that was the law when he first started practicing law before 1995 but that there was a change by the Minnesota Legislature in that re�ard. Radio stated to the extent there is a conflict here between the Comprehensive Plan and the zoning ordinances,it really is a non-conflict and can be resolved through an amendment of the Comprehensive Plan or an amendment to the zoning ordinances, but it does not provide a basis for chan�ing the Comprehensive Plan. Page 6 of 27