212027ORIGINAL TO CITY CLERK P11✓D '/3 21202
t,CITY Of STy PAUL FOENCIL NO. e _
f �EF -ICE OF THE CITY CLERK I
• COUNCIL RESOLUTION — GENERAL FORM ?cil File No. 212027 — By Frank L.
AL' solved, That the Council of the JI
PRESENTED BY G ,fjt� g -�f Sant paul. after having studied
COMMISSIONER— DATE _ . er^ c :2rOin pending leEl,ki
, t l.fl rieriz. _
—
"''I�Q_.ri3Tr.... -•-rte "
RESOLVED, That the Council of the City of Saint Paul,
after having studied and considered certain pending legislation
now before the Minnesota State Legislature relative to
zoning ordinances and amending Minnesota Statutes 462.18,
embodied in House File No. 1298, does not approve of the
bill as drawn and would recommend the following changes:
(1) That the five years which was changed to ten
years contained in the sixth line of subdivision
3, be changed to two years.
(2) In the fourteenth line of Subdivision 3, that
the words "a committee of" be stricken, and
(3) In the fifteenth line of Subdivision 3, that
the word "agency" be changed to "representatives."
(4) A further recommendation is that there be a
limitation contained in the amendment providing
an expiration of three years, for subdivision 3
of the statute.
(5) That a severability clause be inserted.
FURTHER RESOLVED, That copies of this resolution be
forwarded by the City--Clerk to the Legislative Committee
studying said proposed legislation, and to the Honorable
Arthur Naftalin, Mayor of Minneapolis.
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
Mortinson
F*kF8aR-,
Rosen
Mr. President, Vavoulis
10M 0-02
-APR 4193
Adopted by the Council 19—
APR 4
p roved 19—
n Favor `
Mayor
—P Against If
.:04
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The attached bill is intended to ours, a situation of
.a
•v tainty which has existed !n cities of the first class as relates
• ' to sating since 195'9 when the ' guprome Court of Minnesota in State ex
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ril foster v. City of X1,=smpglis, 255 Minn. 249, declared the
i*=sent provisionb of the sohW statute, 462#18, to be invalid as
an unlawful delegation of authority and has created considerable
'' 8eubt as to the authority of cities of the first class to zone and
rezone property.
The attached bill relates to the City of Minneapolis only
and provides that the Ciq dotmoil may adopt a zoning ordinanoe and
thereafter rezone areas of leas than fire acres, but only after
written notice to the owner of the property affeoted and all
p"Verties within 200 feet of the affected property and the holding
of a public hearing. As to areas of greater than five sores
.published notice In provided for with the requirement of a public
.hearing. The bill is intended to and does limit the so- called
.6mmont provision presently in the statutes and substitutes the
4*tiod and hearing procedure therefor.. The bill Preserves the
sating existing at the time of its adoption until changed by the
City Counoil.
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` The attached bill is intended to our* a situation of
unoortainty which has existed in cities of the first class as relates
U soning since 1959 when the Supreme Court of Minnesota in State *x
w
r*1 Foster v. City of Minneapolis, 255 Minn. 249, declared the
• dvsent provisions of the soh; W statute, 462418, to be invalid as
tar unlawful delegation of authority and has created considerable
4oubt as to the authority of oities of the first class to zone and
.,Yonne property.
. The attached bill relates to the City of Minneapolis only
And provides that the Cf4 dotunoil may adopt a zoning ordinance and
W thereafter rezone areas of less than five acres, but only after
written notice to the owner of the property affected and all
g."prties within 200 feet of the affected property and the holding
ef4a publio hearing. As to areas of greater than five acres
*Ltahed notice is provided for with the requirement of a public
The bill is intended to and does limit the so- called
`t provision presently in the statutes and substitutes the
,x
it and hearing procedure therefor. The bill preserves the
•*xisting at the time of its adoption until changed by the
ftunoil.
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RIZPMT OF TMS COWAITTE5 WAR ID VIXTl4 _
HR ftSi0NSi0ILXTY' OF STMY1W 14OUSS
° PILO N4. 1298 WRtCH RgLAT95 TO ZONING
ORJ1NANMS AMENPING MXN SQTA STATM
" 462918
The committee meRt, 'monday efte=000n and thoroughly disc
Zgat
erased bath amohdfents •en�d d002 Abt Bell appacav should,
'Thoy
be granted for the bill iv subeOtsd. Ara suggea.ting
f lv&a changes
Pn-
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i) nat the five ars w iiGh era c3�enge0 to 10 Vikart -
gya Subdivision 3.* It is
cootainoo Sn 6 a th Unt _ of
_
the xecom�endation of tho comi:ttse . that - Via 14
years bey changed to t,**. years. .
} Ire the .f ► rt4anth f ina of Subdivisio that tie A rds
'
4a ct 3ttee :of" bo -stricken and
A) i,n. the Afteenth !in* ".a9encyr6 be changed to '0repre-
D
4j A further- reopwondati.on is that there -be .a 11mitation
contained: in the amend er L provW1s g i :axpiretioh of
throe vears,� for oubdivision 3 of tb,* atatutoe ;
5), ht is alav the recq - nilation. of this oommit%06 that
• = . a s*vorability ciaoseb# contained An the statut#-
_.. rd H.: Uhrooder
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City , rchitoct
av to fit- a an
.` iveotor of City planning
' John . W.. Connolly
` Ae,stairch Dirsotor .
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RILL VCR ..N 1,CT
AUTHORIZING THL CITY OF NINKAPOLI:
TO ADOPT AND.ENFORCE AN ORDINANCE OR
ORDIKNCES FOR THE PURPOSE OF
PROMOTING THE PUBLIC HEALTH, SAF'U Y,
MOAALS AND GENERAL I.ELFARE AND TO
PR SCRIBE RMULATIONS ' TCi REGULATE
THL LOCATION, HEIGHT BULK, SIZE CF
BUILDINGS AND OTHER ATRUCTURES AND
THE-USES OF LAND 41THIN THE CI1'Y.
BE IT ENACTE) RY THE LEQISLA^URE OF .HE STATE nF MINNESC`TA:
Section 1. Notwithaterding any other statute, the
City of Minnearnlie, 'ty a maj ^rity vn.te of the members of
its governing rndy, may adopt and enforce an ordinan --e nr
ordinances frr the purrone cf m%meting the rutlic health,
Safety, order, convenience, r msperity and general
welfare regulating the use of lance and the location, size
and use of buildings, the height of buildings, the
Arrangement of buildings on lots ar. -I the density of
population therein, and may make different regulations for
different districts of the city anI may thereafter alter
or amend Auoh plan nr regulat16ne or may ad;1pt an entirely
new sand comprehensive amendment, ordinance nr regulations
for the same rurpone by a majority vote of all its rremters,,
but any new ordinance or regulation embracing the whole
city ahall. not be.adopted except by a two - thirds vote cf
All the members of the governing body.
The gnverning body may alsn pfovide fnr the regulation
�f the use of lands nr buildings, for the classification of
dwellings, fnr the reguleticcn of the minimum proximity of
future rulldinga or uses in cntri ercial or industrial
districts or zr�nea to adjoining multiple dwelling or
reaidonoe. districts or zones, and -my rrohirit' the
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extension or improvement of or conversion cf existing
structures into any or all ojaOsec of dwellings, in areas
included in heavy industrial districts, when'in the
Judgment of such governing body industrial development so
warrants.
Sea. 2. No change or amendment of -the ordinance or
regulation referred, to in 3eetion 1 hcreif affecting an
are& of not more than five acres shall to •Bade until- after
written notice has been mailed to the owner of the affected
property and all of the owners of real estate within 200
feet of the perimeter of the prcparty affected according to
the records of the County Auditor and a hearing held by a
committee of the City Council or a designated agency of the,
City of Minneapolis not lean then 10 days after the mailing
of such notice. in the event that any change or amendment
is to te.made in an area containing more than five acres or
of the city as a whole; sdch changes shell not be made until
after rutlished notice of such proposal has teen made at
least once a week for three consecutive weeks and a rublic
hearing held upon such proposal by the City Council and a
public hearing held by the Planning.Cemission.
Sec. 3. This act shall not'operste as a repeal of or
to suspond the operation of any ordinance of the city in
force at the effective, date of this act regulating the size,
height, bulk, location or number of 'stories of any building
or structure or the use of any land in the City of
Minneapolis-and such ordinsneea ahall remain in full force
and effect until repealed, altered or-amended by the City
Council.
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See. I). This act shall hecome effective uFrn approval
by the City CO'Incil of the City of tiainneapolis Brid
Compliance with Lsvis 1959, Chapter 358.
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., BILL VCR .,N j,CT
AUTHORIZING THE CITY OF MINNZAPOLIS
TO ADOPT AND. ENFORCE AN ORDINANCE ,OR
ORMANCES FOR THE PURPOSE OF
PROMOTING THE PUBLIC HEALTH, SAFL'TY.,
MORALS AND GENERAL I-ELFARE AND TO
PR'I'SCRIBL REGULATIONS' Tb REOULATE
THL LOCATION; HEIGHT; HULK, SIZE CF
.BUILDINGS AND OTHER STRUCTURES AND
THE-USES OF LAND WITHIN THE CI'T'Y.
BE IT ENACTED BY THE LEGISLATURE IF THE STATE AF MINItiESCiA:
Section 1. Netwithetanling any other statute, the
City-of Minrearnlis, ky a pia j�rity vate of the members of
it3 governing rndy, m.Ay adept and enforce an ordinance mr
ordinances for the purrmse r. f rrorrritirg the rutlia health,
Safety, order, crnvenience, rrosperity and general
welfare regulating the use of lands and the lrcatinn, size
and urge of buildings, the height of buildings, the
arrangement of buildings on lots and the density of
population therein, and may make different regulations for
different districts of the city and may thereafter alter
or Amend such plan nr regulations or may adopt an entirely
new And crmprehensive amendment, ordinance or regulations
for the Same rurrose by a majority vote of all its members,
but any new ordinance or regulation embracing the whole
city shall not be- adopted except by a two- thirda vote of
All the membeta of the governing body..
The Snvernirg bony may also provide fir the regulation
of the use of lands nr buildings, for the clasaification of
dwellings, fir the regulation of the minimum proximity of
future buildings or uses In enmiterclal or industrial
districtA or zones to� adjoining multiple dwelling or
re3id once districts or zones, and may rrohirit the
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extension or improvement of or conversion cf existing
structures Into any or all elassea of dwellir.,gs; in areas
Included In heavy industrial districts, when in the
Judgment of Such governing Cody industrial development an
warrants.
Sec. 2. No change or Amendment of the ordinance or
regulation referred to in Section 1 hereof affecting an
area of not more then five $area shall be-made until after
written notice has been mailed to the owner of the affected
Property and all of the .owners of real, eotate within 200
feet of the perimeter of the preperty affected according to
the records of the Cnunty Auditor and a hearing held by a
connittee of the City Council or a designated agency of the
City of Minneapolis not less than 10 days after the mailing
of such notice.' In the event that any change or amendment
is to be made in an area containing more than five scree or
of the city as a whole, ouch changes shall not be made until
after rublished notice of such proposal has teen made at
least once a week for three cinsecuti.ve weeks and a rutlie
hearing held upon such proposal ty the City Council and a
public hearing held by the Planning Comr4 asicn.
Sec. 3. This act shall not' operate so, a repeal of or
to suspend the operation of any ordinance of the city in
force at the effective date of this act regulating the size,
height, bulk, location or number of 'stories of any building
or structure or the use of any land in the City of
Minneapolis *and such ordinances oholl remain in full force
and effect until repe$led, altered ter tmonded by the City
Council.
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sec. 11. This Act shall become effective up ,,n .approval
ty the City Councl4l o� the City ^f Vinneapolls and
Compliance with Laws 1959, Chanter 358.
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A BILL F'OR AN ACT
RELATING TO ZONING ORDINANCES; AMENDING'
MINNESOTA STATUTES 1961, SECTION 462.18.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1961, Section 462.18 is
amended to read:
462.18 CITIES FIRST CLASS; AUTHORIZATION OF ZONING
ORDINANCE].
Subdivision 1. For the purpose of promoting the publio
health, safety, order, convenience, prosperity and general
welfare, any city of the first class in the state acting by
and through its governing body, may by ordinance regulate,
the location, size, and use of buildings, the height of
buildings, the arrangement of buildings on lots, and the
density of population therein, may make different
regulations for different districts thereof, and may
acquire or prepare and adopt a comprehensive city plan for
such city or any portion thereof for the future physical
development and improvement of the city, in accordance
with the regulations made as aforesaid, and may thereafter
alter the regulations or plan, such alterations, however,
to be made only after there shall be filed in the office
of the city clerk a written consent of the owners of
two - thirds of the several descriptions of real estate
situate within 100 feet of the real estate affected, and
after the affirmative vote in favor thereof; by a majority
of the members of the governing body of any such city;
provided, however, that notwithstanding any resolution,
ordinance or law conflicting herewith, the governing body
of any such city, by an affirmative two- thirds vote in
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favor thereof, may by resolution grant a permit for the
conati'uction of additions, extensions or improvements to
any hospital which is being actually operated and maintained
on the premises 1hkich it occupies on the date of the paspage
of this section; proVIded3 Further, that whenever the city
planning commidsibA or bold shall make recommendation
ih writing ' o the governing body of any such city for
altdring thb regulation or plan, with respect to a more
restricted Wte of any real estate within 1,000 feet of a
public park, tahidh park contains not less than 50 acres,
locdted near orIddjabent to the waters of a navigable
lake, covering Mi area 6f n6t less than 1,000 squaro miles,
the governing bodii �y a tw6-i thirds vote bf dil its
members, may alter the regufatioii br Oldn in acc6rdancs
itith the recommendation of the Oita, �16ining comkissiori or
board,
Subd. 2. Provided, further, that the governing body of
any city of the firdt class, by a two - thirds vote of all its
members in favor thereof, may, after hearing, adopt a new
zoning ordinance or plan or amend or alter any existing
zoning ordinance or plan without such written consent
whenever the planning commission or planning board of such
city shall have made a survey of the whole area of the city
or of an area of not less than 40 acres, within which the
new ordinance or plan or the amendments or alterations of
the existing ordinance or plan would take effect when
adopted, and shall have considered whether the number of
descriptions of real estate affected by such changes and
alterations renders the obtaining of such written consent
impractical, and such planning commission or planning board
shall report in writing as to whether in its opinion the
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proposals bf the gotrer`r ing body in ahy case are 'reasonably
related to the overali needs of the community, to existing
land use, or to a plan for future land use, and shall have
conducted a public hearing on such proposed ordinance,
changes br alterations, of which hearing published notice
shall have been given in a daily newspaper of general
circulation at least once each week for three successive
weeks prior to such hearing, which notice shall state the
time, place and purpose of such hearing, and shall have
reported to the governing body of the city its findings
and recommendations in writing.
Subdue 3. Notwithstanding the provisions ions of Subdivision
1 of this section,�w�heney'r` the governing body of any city of
the first class has adopted a new zoning ordinance or plan,
or amended or altered any existing ordinance or plan,in
compliance with Subd. 2 of this section, such city may for
a period of +tVIT years after the adoption thereof alter the
zoning of any lot or tract from such new zoning classification
to a classification n quiva ent to the previous zoning
thereof or to any zoning classification the degree of
restriction of which would be intermediate between such new
and previous classifications without the consent of any
property owner. The alterations authorized by this
subdivision shall be made only after a public hearing on
such proposed change has been held by a committee of the
governing body or by a designated agency of such city of
which hearing written notice shall have been mailed to the
owner of the affected property and all the owners of real
estate within 200 feet of the affected property according
to the records of the auditor of the county in which such
property is situated and such alteration thereafter
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adopted by the affirmatiVe vote in favor thereof by two
thirds of all the mombers of the governing body of such
city.
Subd. 4. In a%y such city in which the governing body
shall have heretoforb adop�ed or shall hereafter adopt such
a zoning ordinance or plan; the governing body may also
provide thereby for the regulation of the use of lands or
buildings3 for the clAasifidation bt dwellings, for the
regulation of the minimum proximity of future buildings or
uses in commercibl or indixstriai districtg dr zones to
adjoining multiple dwelling o� residence districts or
zones, and may prohibit the extension or improvement of or
conversion of existing structures into any or all classes
of dwellings, in areas included in heavy industrial
districts, when in the judgment of such governing body
industrial development so warrants.
Subd In any such city in which by any local rule or
ordinance the use of any land, or the construction or use
of any building located within a zoned district, shall have
been made conditional upon the applying for and obtaining
the governing body's consent thereto, no such application
shall be denied except by action of the city council in
writing adopted by the governing body after a public
hearing on such application, which denial shall state the
reasons for such denial.
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