Inclusionary Zoning

Pioneer Press Sat, 5 Jul 2008 06:56:39 MDT
The good news about, and good reasons for, affordable housing

The Pioneer Press' three-part series on affordable housing in the suburbs sheds light on a critical public policy issue. But readers could easily come away with an impression of hopelessness: neighbors angrily condemning affordable housing developments, residents of those properties feeling embattled, cities piling on regulations, and developers forced into building only luxury housing. That's not the full picture of affordable housing in the suburbs. Nor does it reflect the fact that there is good reason to believe we can do better in making our communities welcome to all. ... One of the most promising and underutilized tools for generating affordable units is Inclusionary Zoning. With IZ, a city expects a developer to include some affordable units in his or her new development in return for providing incentives to make it work financially for the developer. Typically, we look mostly to government subsidies to make housing units affordable; the beauty of IZ is that it can produce affordable units for households in the $40,000-income range without government subsidies. More than 400 cities in the U.S. have adopted some form of IZ, including Boston, Denver, Chicago, New York, and many smaller cities. For IZ to work, cities have to make sufficient concessions so that developers don't have to build the affordable units at a loss. The most common concession is a density bonus â€" allowing the developer to build more units on the same parcel of land. Even modest increases in density can have a boost for affordability, and the good news is we now know how to design higher-density housing to avoid the problems of the past. A number of cities here now use density bonuses, but we can do much more with this and with other incentives cities can offer. Many cities want to do the right thing in diversifying their housing supply; they just need more tools such as IZ. Now is a great time for citizens to play a role in nudging their local government in the right direction. All metro cities are rewriting their comprehensive plans for submission to the Metropolitan Council by the end of this year. Cities must include in those plans how they will meet their affordable housing goals for the next decade. Showing up at a public hearing and urging local officials to adopt IZ and similar strategies is one small but effective step toward more inclusive communities. Tim Thompson is president of the Housing Preservation Project, a St. Paul-based public interest law firm that uses legal and advocacy strategies to preserve and expand the supply of affordable housing. His e-mail address is tthompson@hppinc.org. More information on the role of local governments in affordable housing is available at www.TCHousingPolicy.org.

[[keywords: Housing;Metro;]]

Is means is, town means town

Star Tribune Fri, 13 Jun 2008 04:45:13 GMT
Can Ramsey still hold town hall meetings?

A judge said that because Ramsey is a city and not a town, a rule concerning charter schools doesn't apply. Ramsey has a Town Center. It has town homes. But Ramsey is not a town -- it's a city. And after an Anoka County judge's recent ruling, nobody is more aware of that distinction than Ramsey City Council Member Matt Look. Look sued the PACT Charter School in Ramsey in a challenge of its admissions policies. He argued that state law requires if a charter school is the only school "located in a town" that offers a specific grade level, residents of that town get admission preference for that grade level. But the PACT school administrator said the rule does not apply because Ramsey is a city. And Anoka County Judge Tammi Frederickson concurred when she ruled: "Creating an admissions preference that applies to only charter schools located in townships may be an underinclusive policy. However, the court's role is limited to interpreting a statute, not passing on its 'wisdom and utility.'"

[[keywords: Legal;Living;Metro;]]

Bricks are not flexible

Star Tribune Wed, 11 Jun 2008 00:52:57 GMT
Lake Street developer cites arbitrary demands in suit

Basim Sabri says a city requirement for certain building exteriors is unfair. The city says it's law. Lake Street developer Basim Sabri has sued Minneapolis over a city requirement that his proposed condo development be finished all in brick. Sabri's lawsuit in Hennepin County District Court contends that the city is applying the brick exterior requirement arbitrarily to his planned 77-unit development a block north of Lake between Pleasant and Pillsbury Avenues. The city approved Sabri's site plan in April but rejected his plans to incorporate stucco and cement into the development. It incorporates the brick building once occupied by Midwest Machinery, plus an extensive addition. ... Sabri contends that his right to due process was denied and that the city is replete with mixed stucco-brick exteriors. He is asking that a judge declare the brick requirement unenforceable and is seeking an unspecified amount of damages.

[[keywords: LandUse;Legal;Metro;]]

Par for the course

Star Tribune Thu, 29 May 2008 18:25:10 GMT
Voters will decide fate of Eagan golf course in November

Development plans for the Carriage Hills golf course have fueled untold hours of public debate in Eagan, stiff opposition from the city and a four-year court battle that went all the way to the Minnesota Supreme Court. But when Wensmann Realty, the would-be developer of the golf course, came back to the city Tuesday night with a proposal to build up to 480 homes on the site, the Eagan Planning Commission took less than two hours to sign off on preliminary plans. But that doesn't mean a single one of those houses will ever be built. Instead, Eagan voters will decide the fate of the golf course at a referendum in November, part of a contingent legal settlement reached this spring in a dispute that has pitted the city against Wensmann and the golf course's owner. Many neighbors of the golf course, which closed in 2004, have fought development, arguing that it would destroy valuable green space in the largely built-out city and put too much traffic on area roads.

[[keywords: LandUse;Parks;Metro;]]

Your land is my land

Star Tribune Wed, 28 May 2008 02:57:01 GMT
Plan for new homes on former Carriage Hills Golf Course moves forward

A controversial plan for new homes on the former Carriage Hills Golf Course moved one step forward when the Eagan Planning Commission recommended approval of preliminary development plans Tuesday night. But Eagan residents will still weigh in on the fate of the land at a November referendum, part of a legal settlement reached this spring after a four-year legal battle waged against the city by the golf course's owner and a developer. Many residents have fought to preserve the 120-acre site as green space, while landowner Ray Rahn and Wensmann Realty have argued that they should be able to develop it.

[[keywords: LandUse;Metro;]]

It could be worse

Star Tribune Sat, 24 May 2008 12:04:09 GMT
City of Vallejo, Calif., seeks bankruptcy protection to deal with ballooning budget deficit

The city of Vallejo filed for bankruptcy protection Friday to deal with a ballooning budget deficit caused by soaring employee costs and declining tax revenue. The San Francisco Bay area suburb of about 120,000 residents became the largest California city to seek bankruptcy protection. Mayor Osby Davis said the city's attorneys filed papers seeking Chapter 9 bankruptcy protection in federal court in Sacramento. "We've exhausted all avenues at this point, and this is all we had left," Davis said. "I had hoped to avoid it all the way up until yesterday. It's something we can't avoid ... We can't pay our bills."

[[keywords: Legal;PropertyTax;Metro;]]

As American as free speech zones

Star Tribune Wed, 21 May 2008 03:06:48 GMT
Bloomington ordinance lays out rules for protests during GOP convention

The city worked with the ACLU to come up with a plan to balance the rights of free speech with keeping order. Bloomington has passed an ordinance outlining when and where legal protests will be allowed within the city during the upcoming Republican National Convention. The City Council, after negotiating with the American Civil Liberties Union of Minnesota, approved the ordinance 6-1 Monday night but with significant changes. "We wanted to remove all impediments to working this out," said Sandy Johnson, Bloomington's associate city attorney. Among the revisions to the original ordinance is the elimination of insurance and security deposit requirements the ACLU believed would limit the number and size of protests. "After hearing our objections, they did make substantial changes," said ACLU legal counsel Teresa Nelson. "This version of the ordinance is much improved."

[[keywords: Officials;Metro;]]

Municipal bonds in the news

Pioneer Press Mon, 19 May 2008 20:09:23 -0600
National And International Report / Justices uphold municipal bond tax exemption

The multi-trillion-dollar municipal bond market skirted a land mine Monday when the Supreme Court ruled that states could continue to give special tax breaks on the bonds that fund hospitals, roads, schools and other services. The justices ruled 7-2 in a case from Kentucky that states can exempt interest on their own bonds from taxation while taxing residents for interest on bonds issued by other states. In the $2.5 trillion municipal bond market, 41 states have systems similar to Kentucky's.

[[keywords: Legal;PropertyTax;Metro;]]

Undercurrents

Star Tribune Fri, 02 May 2008 03:07:52 GMT
Stop talking about fire or face losing your jobs, Oak Grove administrator warns

Oak Grove hits city officials -- including the fire department -- with a gag order after a fatal March 5 fire. ... Referring directly to the March 5 fire and criticism of the department discussed at City Council meetings Monday and April 14, the memo states: "All Employees, including Paid on-call Fire Department personnel, City Council members and City staff need to immediately stop talking about or commenting, publicly or privately, on tactical responses, opinions about employment matters or observations about the same." The memo further states that a pending investigation "will severely be compromised by continued comment and attempts to influence others with public comment." It says employees who fail to follow the directive not to talk "shall be subject to disciplinary action, up to and including termination.''

[[keywords: Legal;Officials;Metro;]]

Democracy easement?

Pioneer Press Sun, 27 Apr 2008 21:59:29 -0600
Let the land-sellers sell, even to DNR
[From the commentary section. The author is Satveer Chaudhary, DFL-Fridley, a member of the Minnesota state Senate.]

Last week America celebrated Earth Day. Citizens across the country recognized this day by stepping up recycling, planting a tree or simply recommitting to conservation. In a stunning move, however, leaders in Anoka County celebrated Earth Day by voting to develop a wetland. ... Today, Carlos Avery is threatened. Unfortunately, one city in Anoka County is depriving landowners of the right to sell their land to the Department of Natural Resources. The landowners are willing sellers for their land to be included in the Lamprey Pass and Carlos Avery Wildlife Management Areas (WMA) located within the city of Columbus. Not only am I concerned about the protection of open space in the metro area, but of people's right to do what they reasonably desire with their own property. Many people are surprised to learn that you must have government approval to sell your land to the DNR. This is a state law requiring local approval of a land sale regarding a state WMA, presumably to preserve the ability for development. When a law is abused, however, it should be changed.

[[keywords: LandUse;Legal;Metro;]]

Maybe a pizza sale to raise the money

Pioneer Press Mon, 21 Apr 2008 11:09:31 -0600
Audit targets Elysian City Hall deal

ELYSIAN, Minn. â€" The state auditor's office is criticizing the purchase of the City Hall in the south-central Minnesota town of Elysian. The residents of the town about 550 signed a petition to force the audit due to rumors of mismanagement of the city's money. Now the city has to pay the $20,000 tab. The audit, which was made public last week, raised several questions about city government, many of them centered on the new City Hall building. Two years ago, the city bought a former pizza restaurant for nearly $238,000, or nearly twice the taxable value assessed by Le Sueur County. The city didn't do its own appraisal, because Mayor Mack Evans said it would have cost more money, and he was told there were no comparable properties in town. Deputy State Auditor Greg Hierlinger said he didn't see any city documents on why the price was so much higher than the assessment.

[[keywords: Legal;Officials;Metro;]]

Stay on board: yes; vote: no

Star Tribune Sat, 19 Apr 2008 04:29:30 GMT
New rule means Mounds View school board member can stay

A new member of the Mounds View school board will be able to retain her seat, thanks to new language enacted by the Legislature and signed into law earlier this month by Gov. Tim Pawlenty. The school district's attorney, John Roszak, recommended an independent inquiry into whether Board Member Susan Murphy had a conflict of interest stemming from household income from her husband's employment as a custodian in the district. That income, Roszak noted, could create a conflict of interest when the board negotiates union contracts, and Murphy's presence could put the whole board in legal jeopardy, under the conflict-of-interest statutes.

[[keywords: Schools;Officials;Metro;]]

Start your bulldozers

Star Tribune Sat, 19 Apr 2008 04:31:33 GMT
Eagan gets approval for eminent domain in redevelopment

The city of Eagan can use eminent domain to buy the last five properties it wants in the Cedar Grove redevelopment area, a Dakota County district judge has ruled. Property owners American Accounts, Competition Engines, Larson's Automotive, the Mediterranean Cruise Cafe and U Haul were affected by the decision, according to a statement from the city.

[[keywords: LandUse;Legal;Metro;]]

3M cuts through red tape

Pioneer Press Thu, 17 Apr 2008 19:12:10 -0600
3M sues small tape maker over Frog Tape

It's the frustration of weekend handyman and professional paint contractor alike: You finish painting and peel away the masking tape only to discover you must touch up the job because tiny spits of paint seeped under the tape.

[[keywords: Legal;Living;Metro;]]

Antlergate off the table

Pioneer Press Thu, 10 Apr 2008 23:37:42 -0600
West St. Paul / County cannot prove gift to mayor

Citing a lack of evidence, the Dakota County attorney's office has closed its investigation into allegations that West St. Paul Mayor John Zanmiller violated a state law prohibiting city officials from accepting gifts. The county attorney's office was not able to "prove beyond a reasonable doubt" that Zanmiller took a table and chairs as a permanent gift, according to an April 4 letter written by Deputy County Attorney Phillip Prokopowicz to City Attorney Kori Land. The table â€" made with fake deer antlers â€" was given to Zanmiller by former City Manager Arbon Hairston. Zanmiller, 40, admitted in an affidavit that he received "a bistro table" from Hairston in 2005, the letter states, but said he was only storing it. The allegation against Zanmiller stemmed from a letter written by Hairston's ex-fiancee in December 2006. Prosecuting Zanmiller, Prokopowicz wrote, would require proof that the table and chairs were given permanently as a gift and not simply for temporary storage.

[[keywords: Legal;Officials;Metro;]]

Vadnais firing up?

Pioneer Press Wed, 09 Apr 2008 22:51:12 -0600
Former city official sues Vadnais Heights over 'hostile work environment'

A former city employee is suing Vadnais Heights, citing a hostile work environment and "outrageous treatment" leading up to his illegal firing. Jeffrey Thill, a former building official for Vadnais Heights, filed a lawsuit in Ramsey County District Court Monday, saying he was mistreated by a subordinate employee, that the city ignored his complaints and he was fired illegally. "It's more what I call a whistleblower case," Thill said when reached by phone Wednesday.

[[keywords: Legal;Officials;Staff;Metro;]]

Afton settling down?

Pioneer Press Wed, 09 Apr 2008 14:18:09 -0600
Afton settles two land-use lawsuits

Two lawsuits against the city of Afton have been settled. Afton officials said Wednesday that they reached settlement agreements with Brockman Investments and Ebertz Enterprises. The firms sued in August, claiming the city wanted to drive out light-industrial businesses. The two suits were among seven land-use lawsuits filed against the city by five plaintiffs in 2007. Details of the settlement agreement, reached Tuesday, will not be available until the Afton City Council approves the terms April 15.

[[keywords: LandUse;Legal;Metro;]]

Vacant homes are tragic in several ways

Pioneer Press Wed, 09 Apr 2008 13:29:50 -0600
St. Paul vows to battle banks over vacant homes

The City of St. Paul is taking on a group of national lenders that own many of the city's 1,700 registered vacant properties, saying its fed up with playing property manager. "We want to be clear. If they don't come to the table we're going to go after them," St. Paul Mayor Chris Coleman told reporters at a press conference today. While stopping short of saying they planned to sue the lenders as other cities have done, Coleman announced a new plan of attack to address the foreclosure crisis, including giving the lenders 30 days to respond to letters asking the lenders to fix up and find owners for homes they've let sit vacant.

[[keywords: LandUse;PublicSafety;Legal;Living;PropertyTax;Ramsey;Metro;]]

Nothing is ever easy, or how it seems

Star Tribune Wed, 09 Apr 2008 03:38:13 GMT
Anoka County wetland sale turning into a quagmire

Neighbors in Savage may push ahead with a lawsuit opposing a subdivision now that the City Council has decided that a full-scale environmental review of the proposed Dan Patch Trail project is not needed. In a unanimous decision Monday night, the City Council said that enough study of the development's potential effects has already been done, making a full-blown analysis unnecessary. But the council will require the developer to complete biological and archaeological site surveys before the project receives any further city permits. Some criticism of the project, which would ultimately include more than 200 homes, centers on the nearby Savage Fen, a delicate wetland south of Hwy. 13 where scientists have found more than 200 plant species. Neighbors organized as the Woods & Wetlands Alliance have fought the subdivision, arguing, among other things, that effects such as runoff could harm the fen. The group filed suit last fall to force further review of the project. ... Commissioner Dennis Berg argued that laws restricting the use of land within 150 feet of the designated wetlands would keep neighbors from developing property they've owned for years. And those neighbors, many of them farmers, were not contacted about the proposed sale of Steinke's land, Sivarajah said. Steinke, who said he paid $17.56 in property taxes for the land in 2007, had accusing words of his own. He said the county and city have a vendetta against him after he led an anti-gambling group that took the owners of a proposed harness race track to court. The Steinke-led suit was dismissed in court and the Running Aces track opens Friday in Columbus. "Was it the track?" Steinke asked Tuesday. "Yes. That's it. "I was on the Rice Creek Watershed District board and when my reappointment came up in November, I was told there's no way I'd ever be appointed for anything again," Steinke said. "That should tell you all you need to know about this case." Accusations called off track The property has been owned by Steinke's family for three generations, but his recent attempts to sell it on the open market have drowned in the swamps that he says potential buyers tell him are "unsuitable for building."

[[keywords: LandUse;Legal;Metro;]]

Clear Channel in the news

Star Tribune Thu, 27 Mar 2008 12:52:12 GMT
Clear Channel says Texas judge orders banks not to interfere with closing of $19.5B buyout

SAN ANTONIO - Clear Channel Communications Inc. said Thursday that a Texas judge has issued an order barring banks from taking steps that would "interfere or thwart" the closing of the proposed $19.5 billion buyout of the nation's biggest radio station operator. Clear Channel sought the order in a lawsuit filed Wednesday as the banks were said to be balking at terms of their earlier commitment to finance the deal. A group of private equity firms have agreed to pay $39.20 a share for Clear Channel. Its shares price has fallen sharply on worries the deal will not be completed. In premarket trading, Clear Channel shares rose $3.58, or 13.7 percent, to $30.50. "We are pleased that the banks and the purchasers will now be able to move quickly to complete the loan documents and fund the merger," Clear Channel said in a statement. The company had hoped to complete the deal this month.

[[keywords: Legal;Living;Metro;]]