New Information Expected Next Week on Whether Roseville Council Will Appeal Ordinance Case Decision

The Roseville City Council went behind closed doors Monday night to discuss possibly appealing a state district judge's ruling that struck down one of the municipality's ordinances.

City Manager Bill Malinen said that he could not divulge any information about the closed-door session but that he would be able to share more information about the lawsuit next week after he spoke with the city's attorney. 

In late March, Ramsey County District Judge John Guthmann  declared "invalid and unenforceable" a Roseville city ordinance that would impose an "impact fee" on various Twin Lakes property owners who seek to develop their property in the future.

In striking down Ordinance 1417, Guthmann ruled that Roseville's powers were limited, and that the fee exceeded the city’s statutory authority.

Carolyn Curti, a Roseville communications specialist, has said the city would not comment on the court decisison "until we have time to discuss this with the attorneys and City Council."

The Council adopted the ordinance last September in a move that affects various Twin Lakes property owners who seek to develop their property in the future.

One of the Twin Lakes property owners, XTRA Lease, challenged the ordinance. Robert Hajek, an attorney for XTRA Lease, said Guthmann's decision is the first time a Minnesota district court has directly tackled this issue.

The Twin Lakes area is generally north of County Road C and east of Cleveland Avenue. The redevelopment area consists of about 275 acres, including about 175 acres that is still vacant.

The city has yet to see much of the area develop and has imposed various development moratoriums and condemnations on Twin Lakes property owners, Hajek said in a press statement. The area has been in play since at least the late 1980s, he added. 

Hajek contended that Roseville Ordinance 1417 is inappropriate because it seeks to place all the costs for public improvements from future development onto to the landowners.

Currently, the Twin Lakes area is the subject of a new development proposal: Arkansas-based discounter Wal-Mart wants to build a 160,000 square-foot store on about a 14-acre parcel of land that is bounded by County Road C, Cleveland Avenue, Twin Lakes Parkway and Prior Avenue.  The proposal is also being advanced by owners of the property, Roseville Properties.

The Council's closed-door session comes as a permitted exception to the Minnesota Open Meeting Law because the subject is about ongoing litigation. 

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