Construction of a new school to serve students in the Cook and Orr attendance areas could be postponed for months as a result of action taken by the Field Township Board.

At a special meeting on Monday, the board approved an interim ordinance that temporarily prohibits construction of the school and other major projects. During that period, the town board will appoint a committee to study whether Field Township should adopt a comprehensive plan and official controls for the town.

Minnesota Statute 462.355, Subdivision 4 permits such ordinances on the condition that the town is in the process of considering an amendment to or adoption of planning and zoning authority.

The moratorium, which took effect at 12:30 p.m. on Monday, will be in effect for up to eight months. The moratorium can end by the town board’s repeal at any time during that period or by the final adoption of a comprehensive plan and official controls. Single family dwellings, hunting shacks and seasonal residences will be exempted from the restriction.

Those in violation of the interim ordinance can be fined $1,000 and/or up to 90 days imprisonment. Each day that a violation occurs shall be considered a separate offense.

ISD 2142 Superintendent Charles Rick said the district is reviewing its legal options in the wake of the township’s decision. If it were to challenge the moratorium, the district would have to file a complaint in district court.

St. Louis County Planning Director Barb Hayden had no comment but said the matter had been referred to the St. Louis County Attorney’s Office.

Variance drove decision

Town Board Chairman Keith Aho said the action was triggered by the St. Louis County Board of Adjustment’s approval of a variance for the school’s proposed new north school in mid-January.

The variance was needed because the district’s proposed school exceeded the lot coverage allowed under the county ordinance more than sevenfold. The property in question is zoned Forest and Agricultural Management-2, which limits lot coverage to just two percent. The school project involves 14.1 percent lot coverage.

Aho said other projects that exceeded the lot coverage limits have been denied variances, but the county planning staff had recommended approval of the variance in the case of the school, claiming the stormwater plan would reduce water quality impacts from the higher lot coverage and that it would not have an effect on government services in the area.

But Aho argued at the Jan. 18 variance hearing that the district could have selected alternative sites for its school, including other locations in Field Township, that would not require a variance.

“We believe the hardship was created by the applicant, certainly not the lot,” he told the board. “This site was selected without consideration of the zoning requirements.”

Aho said the county’s actions have raised “serious questions” regarding the effectiveness of the current zoning system and how the county interprets and applies those regulations.

“The question is whether the rules in place and their enforcement are enough to protect residents of the township,” said Attorney Troy Gilchrist, who is representing Field Township in the matter. “Based on what I was hearing and reviewing, there are some legitimate concerns. I’ve looked at the conditional use permit and some of the justification leaves me scratching my head.”

Gilchrist is a member of the Minneapolis firm of Kennedy and Graven and served as an attorney with the Minnesota Association of Townships. He also served as director of operations/general counsel for the Minnesota Association of Townships Agency.

Moratorium’s purpose

The purpose of the moratorium is to give the township time to consider whether it would be better served by establishing its own zoning authority to enforce its rules, said Gilchrist. If construction of the school were to proceed, other issues could surface and it would complicate matters. “This just gives them a little breathing room.”

Aho said because the board was scheduled to receive bids on Tuesday and start construction soon after, the Town Board opted to hold a special meeting on Monday. The meeting was posted, as legally required, and two of the township’s three supervisors were in attendance. In addition, the Timberjay had a reporter in attendance at the meeting where Aho and Supervisor Tom Chapman agreed unanimously to pass the interim ordinance. Copies of the ordinance were forwarded to the St. Louis County Law Library and the St. Louis County zoning administrator. ISD 2142 was also notified of the town board’s action and a copy of the ordinance was posted on the Field Town Hall bulletin board and is available at the Cook Public Library.

The next step is for the Field Town Board to appoint a committee of at least five members, including township officers, to study the possibility of establishing a comprehensive plan and official controls for the town. The committee’s report and recommendations are due no later than 60 days before the expiration of the ordinance in early October.

Should the committee recommend creation of a comprehensive plan and additional zoning regulations, Gilchrist said the township can get an extension of the moratorium for up to an additional year to complete its work.

The issue is likely to enliven the township’s next meeting, scheduled for Tuesday, Feb. 15 at Field Town Hall. Chapman said that the day after the special meeting, he had received numerous phone calls. About half were in favor of the township’s action and half expressed opposition.

Aho acknowledged that the decision was likely to be unpopular with some residents and said he struggled whether to push forward with the ordinance.

“I spent a lot of hours in prayerful consideration,” he said at Monday’s special meeting. He said the issue came down to principles for him. “Was the township going to insist that the rules apply to everyone fairly or were we going to roll over and let the county walk over us?”