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Home My WebLink About2009-08-25 Ken Bronson-MCF Email to 08-19-09 Planner Correspondence Re MCF-OPH Site Improvements Page 1 of 1 Julie Hultman From: Ken Bronson (ADM) [Ken.Bronson @state.mn.us] Sent: Tuesday, August 25, 2009 11:51 AM To: Scott Richards (srichards @nacplanning.com) Cc: William Montgomery (DOC); Brian Pawlak (DOC); Mark Ludgatis (mludgatis @bwbr.com); Eric Johnson; Julie Hultman Subject: MCF - OPH, Site Improvements Attachments: 082509 NWAC permit reply.pdf Scott, Please see attached response to your correspondence dated August 19, 2009. Ken Bronson Real Estate and Construction Services 309 Administration Building 5521 Os jooc ik 50 Sherburne Ave • St Paul, MN 55155 direct 651 - 201 -2394 main 651 - 201 -2550 fax 651 - 215 -6245 1/15/2010 . REAL ESTATE AND CONSTRUCTION SERVICES 309 Administration Building 50 Sherburne Avenue St. Paul, Minnesota 55155 Voice: (651) 201.2394 TTY: (800) 627.3529 ' FAX: (659) 215-6245 Web: www.admin,state.mn,uslrecs ecs DEPARTMENT OF ADMINISTRATION August 25, 2009 Mr. Scott D. Richards Northwest Associated Consultants 4800 Olson Memorial Highway, Suite 202 Golden Valley, MN 55422 Re: Minnesota Correctional Facility - Oak Park Heights, Site Improvements RECS 78726OPP Mr. Richards: Our office is currently overseeing several construction projects in various stages for the Minnesota Correctional Facility — Oak Park Heights. Each of these projects will help address critical life- safety and infrastructure needs at the facility to allow us to better serve our citizens in holding offenders accountable and contributing to a safer Minnesota. My understanding is the State has not granted Oak Park Heights' municipalities the right to impose zoning or conditional use permits on the State, which I believe historically has been the situation. Our concern is not related to the Development Application or obtaining a Building Permit but rather with the applicability, timeframe, and cost for the City application and review process. Attached please find a memo dated October 5, 1995 regarding state government exemption from local planning and zoning regulations. Also attached is the current version of M.S. 394.25. Although formal approval is not required related to local planning and zoning regulations, we fully encourage, seek and support a strong partnership with local jurisdictions on our projects and would welcome any comments from staff, Planning Commission, and City Council members in an advisory capacity. However, the timeframe involved for a formal review process by the Planning Commission is raising concerns regarding our ability to meet the schedule and budgetary requirements on this project. I appreciate the opportunity to discuss further with you. If helpful, I would be happy to come to your office for a meeting. Sincerely, ;1'. r I nson RECS, Sr Project Manager Cc: Eric Johnson, City Administrator Julie Hultman, Planning & Code Enforcement Officer Bill Montgomery, DOC, Capital Resources Administrator Brian Pawlak, MCF — Oak Park Heights, Physical Plant Director Mark Lugatis, BWBR, Associate 1 IV11 / VI.J1% 61111 1 ,•VVRR t ill% 114 1611441 VJ 1 '011 L4 4111111 V l • II.IXI 1 11.41 1111,1 STATE OF MINNESOTA Office of the Attorney General TO : STEPHEN HERNICK DATE : October 5. 1995 •Building Codes and Standard Division Department of Administration FROM AMY V. KVALSETH n� PHONc : 297 -1135 (Voice) Assistant Attorney General. 282-2525 (TDD) SUBJECT : State Government Exemption From Local Planning /Zoning Regulations You asked the question of whether state governmental units are subject to local governmental planning and zoning regulations. The answer is no unless by statute the State is expressly made subject to the planning or zoning regulation at issue, or the State consents to regulation: The answer comes initially from the principle that the State is the sovereign power. As sovereign, the State regulates its own property. In the absence of a waiver by the State of its right to regulate its own property, the property is exempt from a municipality's regulation. Watson Construction Co. v. Citv,9f St. Paul.., 109 N.W.2d 332, 334 (Minn. 1961). Or to express the concept differently, the State gives to its municipalities, including counties, townships, and cities, only those powers enumerated in its laws. A municipality's power to regulate land use by zoning or other meats exists only by virtue of authority delegated to it by the State. Costley v. Catomin House. Inc., 313 N.W.2d 21 (Minn. 1981) (municipality receives zoning power by legislative grant and cannot exceed limitations imposed by enabling legislation); Penney v. City of Duluth, 202 N.W.2d 892 (Minn. 1972). If the State does not name itself as subject to a particular law, or if the law leaves any doubt as to its application to the State, the State is not bound by the law. Minn. Stat. § 645.27. . The State has granted to municipalities authority to regulate land use within their jurisdiction's through planning and zoning. Minn. Stat. chs. 394 and 462. The State has not granted, however, to municipalities the right to impose zoning and conditional use permits on the State. Please contact me if you have further questions regarding this matter. AvK /dsc.bcsd.ac8 • • » ,----. ti , r UUK r • n 0 r 0 23 L u9 ui in=n u 3 uu , ,.,r: � � ,i''� +•. }:...;f , • ��',n' t. l;i, %: t +i' �d t t P � `� It • �•J , r l • � ? t i . , t t't iE r a 1 ,t ,r . r, �l' t � �ry Y • ∎ :. ,_: . i• ,,•.. .•••' . ii. r pi e' i ,!�, i t It t i; r t ftl ' � t «n r S 'ii��t ti ' ,! " S,.,d;t .. >> , �••:.,r•,...rt;,....' L � 1'•'� ' r, e =s ,13,i� +�f�ti;�r , 4,i , �ti•1�ti�1`t }1 s i .�! � ". w � . t ..,�, . :,S' ,.� 4 � . • ti a ,h , j r ! E: 4J ' 'r; '• . !• 394.24 PLANNING. DEVELOPMENT. ZONING 8958 mu 959 state h I vices and facilities :mist receive duc consideration in the formulation administration the ;,� `� ;': , :' 1 and enf • 8 ', or cement of all official contro elate government shall be subject to official land owned or leased by the federal or , . of the o cial controls of the county. With respect pect to the or stand „.:i � ir' • ! . I. use of land for public purposes, the provisions of this subdivision shall not apply in the . fessionz • metropolitan area as described in section 473.122. on the s < •1 : , • sanitar; : History :19 59cS59s4; 1963c692 1974c571s9.11: 1980c509s130 ofthes t ' 1 , , 394.25 FORM OR CONTROL. • ' use and >:: , � statute, T • Subdivision 1.Of tciel controls shall be adopted by ordinance and may include but be as tr • " ••• are not limited to • the features.sct forth in thit section. Su' • . i Subd. 2. Zoning ordinances establishing districts within which the use of land or don. tr P •, the use o water or the surface of water pursuant to.septi'on 868.205 for agriculture, for- need nt • • 7 - t entry, recreation, residence, industry, trade, soil conservation, water supply conserve- Plans f• s •tion, surface water drainage and remoa(al,• conservation of shorelands, as defined in Lion die' ai I ' sections F.201 to ., aional u c o nd and of f of wa Su • •.• : pursuant to section 803.205, may be by ofFitial controls encouraged, regulated, or pro- • . hibited an for such u ose 221 the board and dd ti ma divid the la countyo into the distr ace of such ter plannit ;-; p 103 rA Y • cial co cor • � : "! : : • number, shape, and area as may be deemed'.best suited to carry out the comprehensive to the 1 .. plan. Official controls may also be applied to wetlands preservation, open space, parks, upon t • E` sewage disposal, protection of groundwater, protection of floodplains as defined in sec- sion. ' f Lion 103F.I 11, protection of wild, scenic; or recreational rivers as defined in sections H t ' '' 103F.311 and 103F.315, protection ofslopi, soils, unconsolidated materials or bedrock. . . t "` 3 A fro p dam aging de preservatio of forests, woodlands and assert all -1' ' i .fi 490s. u I L ti tier wildlife h abitat, reclamation of nonnttlallic mining lands; protections and eneour- " -:rtr� ' '$,! agement of access to direct sunlight for solar energy systems as defined in section • ` ya, l 216C.06, subdivision 8; and the preservation of agricultural lands. • • 394.26 t4." I Subd. 3. Within each such district zoning ordinances or maps may also be adopted Si ' St ,r. `: 1 designating or limiting this location, height, width, bulk, type of foundation, number adopt: .. • f't' •of stories, size of, and the specific uses flit whieh.dwellings, buildings, and structures + ;'`' ' may be erected or altered; the minimum and maximum size of yards, courts,.or other • • o(£tcta r : z , i open spaces, setback from existing roads and highways and roads and highways desig- dorsal ma= nated on an official map; protective measures necessary to protect the public interest denie+ erwist 4 a : 4 t including but not limited tc••controls relating to appearance, signs, lighting. hours of from • ,,� ,-,r' operation and other aesthetic performance characteristics including w but not limited to • : - e . , noise, heat ;glare, vibrations and smoke; the area required to provide for off street load -• h'rc a ing and parking facilities; heights of trees - and structures near airports; and to avoid too by pu area c •, great concentration or scattering of the population. All such provisions shall be uniform • • •�•�` j' for each class of land or b uilding throughout each district, but the provisions in one din hearit ro trietinay diffeas defined r homes built n from those in other districts. No provision may prohibit manufactured earth sheltered ancc " 1r in section 2160.06, 'subdivision 2, cir nor: �'�` . ; construction ; ' in conformance with sections 327.31 to 32;x.35 that comply with all other zoning ordi- visiot_ . i r t1i i ? � •' nances prornulgated•pursuani to this section - nO1IC • j�' � S 4. Official maps as defined in section 394.22, subdivision 12. y, �� J 4A, f i. i Subd. S. [Repealed, 1974 c 571 s 511 • • • cuter • i ` Subd, 5a. In counties in the mctrcpblitan area as defined in section 473.122. ofli• tions •t:' cial maps may for a period a up to five years designate the boundaries of areas reserved 500 f [ _t for purposes of soil conservation, water supply conservation, Hood control and surface writs "' ( 3; water drainage and•rentoval. t • i . ! Subd. 6. [Repealed, 1974 c 571 s Sly prop • Subd. 7. Specific control perta tanda ining to other subjects incorporated ini the compre- •,t = pensive plan or establishing s and procedures to be employed inland develop - the r i • t ment including. but not limited to, subdividing of land and the approval of land plats - •• •� wou 4''. ;• [` • and the preservation and dedication of streets and land for other public purposes and ., '" the general design of physical improvement. retie ,: , y+ ii, • Subd. 8. Any statute of Minnesota, any administrative rule of any department of affec . ,• i",441 A •l;, .H '‘1(1 it 11 • �,. ri �4. •: G ;. ;t t ;. ,r Y`:• tf. 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