Star Tribune
Minneapolis Mayor Jacob Frey, legislators celebrate passing of new law designed to kill 2040 Plan lawsuit
Minneapolis Mayor Jacob Frey, legislators and developers gathered Tuesday on the rooftop of Wakpada Apartments in south Minneapolis to celebrate a new state law exempting the comprehensive plans of metro-area cities from environmental legal challenges.
The law states that the broad plans cities create to guide growth cannot be considered conduct that could lead to pollution or environmental destruction, as plans for specific projects may be. That means a six-year lawsuit that had repeatedly interrupted Minneapolis’ pro-density 2040 Plan is “functionally” dead, said Rep. Mike Howard, chair of the House Housing Committee. The plan made Minneapolis the first city in the nation to end single-family zoning.
“Without legislative action, this lawsuit was holding up the status quo (of exclusionary zoning,)” said Howard, DFL-Richfield. “Nothing is more dangerous to addressing our housing crisis than the status quo, because it’s the status quo that has got us into this mess. We will not build the homes that we need to meet this moment without ingenuity at all levels of government.”
Wakpada Apartments, where the gathering was held, was completed in 2022 by Hall Sweeney Properties, and includes 8% of units affordable at 60% area median income; that would not have been possible without the 2040 Plan, developer Sean Sweeney said.
The liberated zoning restrictions for the property, located at Minnehaha and East 46th Street, allowed him to build six stories of 126 units instead of four stories of 60 units. That difference balanced the project financially to allow for the inclusion of affordable apartments, Sweeney said.
“Without a doubt that being a developer in Minneapolis, especially now with the 2040 Plan, is an absolute dream,” Sweeney said.
The Audubon Chapter of Minneapolis, the Minnesota Citizens for the Protection of Migratory Birds and Smart Growth Minneapolis sued the city in 2018, arguing the 2040 Plan could pollute natural resources and usher gentrification and displacement, warranting a study to identify the environmental tradeoffs of densification. Nonstop injunctions, appeals and reversals since then injected chaos and uncertainty into development in Minneapolis.
The Minnesota Supreme Court decided in 2022 that citizens were entitled to challenging municipal comprehensive plans under the Minnesota Environmental Rights Act. But in May, the Court of Appeals threw out a prior ruling halting the 2040 Plan pending environmental review. The appeals court allowed Minneapolis to immediately resume approving stalled projects, but city officials feared it would not last without a law change.
Six days later, the Minnesota Legislature passed Rep. Sydney Jordan’s comprehensive plan bill in the chaotic final hour of the legislative session as part of a 1,400-page Omnibus Tax Bill.
“As a Minneapolis house delegation, all 11 of us were united and made this our no. 1 priority and stood strong to ensure that it was passed,” said Jordan, DFL-Minneapolis.
The lawsuit’s plaintiffs have petitioned the Supreme Court to reinstate the injunction against the 2040 Plan in part because of how it had been incorporated into the tax bill. A provision of the state constitution, adopted in 1857, states legislators may not roll bills on unrelated topics together in the interest of transparency.
The Attorney General’s Office has filed a motion to defend the constitutionality of the new law.
Frey said the city would continue to fight the lawsuit if needed.
“When we recognized that we had a long-term issue with exclusionary zoning that segregated both people and neighborhoods, we knew that we had a lot of work to do to be more inclusive,” he said. “We are seeing right now some of the lowest rent increases in the entire country. That’s in part due to the supply increase that we’ve seen … and of course that’s due to the 2040 Plan.”
Star Tribune
Trump is set to respond to Harris on immigration during his visit to a small Wisconsin town
Republicans including U.S. Sen. Derrick Van Orden, who is from Prairie du Chien, have criticized authorities in both Minneapolis and Madison for letting Coronel Zarate go, saying they essentially allowed him to attack the woman in Prairie du Chien. They have accused both jurisdictions of being sanctuaries for people in the country illegally.
Michelle Marie Dietrich, a public defender representing Coronel Zarate in the Prairie du Chien case, declined to comment. Charlotte Wynes, another public defender representing him in Prairie du Chien along with Dietrich, didn’t respond to a voicemail seeking comment. Michelle Brandemuehl, a public defender representing him in Madison, also didn’t respond to a voicemail message seeking comment.
Trump has repeatedly portrayed migrants as criminals and blamed Harris for failing to stem an unprecedented surge in illegal immigration, though border crossings have fallen since President Joe Biden instituted an executive order limiting asylum claims. Democrats, in turn, have blamed Trump for persuading allies in Congress to kill bipartisan legislation that would have funded more border agents and given the Homeland Security secretary authority to prohibit entry for most people over a daily limit.
One option presented to some vendors has been to register for the state’s Cottage Food Producer permit, based on a 2015 law that allows people to “make and sell certain nonpotentially hazardous food and canned goods in Minnesota without a license.”
Chavez said that’s a step in the wrong direction. Such a permit would allow vendors to sell homemade baked goods and pickled fruits and vegetables, but still wouldn’t allow them to operate on city sidewalks or in traffic.
“People might apply, but it isn’t actually going to address the root issue that people are struggling with,” he said.
The issue is one of equity according to Chowdhury, who said some vendors don’t have the necessary knowledge or resources because they’re still new to the country. Licensing or permit fees become barriers for new vendors trying to become compliant.
“When it comes to folks that are immigrants, new to our community, that’s an incredible barrier. So if we’re going to do economic empowerment, that’s the barrier that we want to help resolve, and so I’m 100 percent supportive of waiving these fees,” she said.
A street vendor near Lake Street and Portland Avenue in south Minneapolis. (Dymanh Chhoun, Sahan Journal)
Claudia Lainez, workers’ center director at COPAL, a Latino advocacy organization, said they have been monitoring the growth of street vendors across the metro area specifically because many are undocumented. She said vendors tend to be women because men, even undocumented, typically struggle less to find work.
A Minneapolis family is grieving after their 34-year-old husband and father died Thursday when he was struck by an SUV while riding an electric scooter.
Benjamin Nyman Walker was weaving through traffic while headed south on Nicollet Avenue near Interstate 494 when he was struck by a southbound Jeep Wrangler at 5:44 p.m., Richfield police said. Police, emergency workers and HCMC paramedics tried to save Walker, but he died at the scene.
An organizer collecting funds to support the family said Walker was on his way home from work when he was killed. Walker’s wife, Crystal, said he was a loving man who was quick to tell dad jokes and quicker to help others.
“He would give you the shirt off of his back in times of need. He was someone who was there to listen and give his truth,” said Crystal Walker, adding that the two had been planning to move to Wisconsin. “He was the light in any room when he was happy, and he tried his hardest to always make sure he kept everyone’s spirits up.”
“Being without him is going to be a lot harder than I thought it would be,” said Walker’s daughter, Karissa. “He was so sweet and he always cared about other people’s feelings.”
A similar scooter accident led authorities to arrest a woman in Texas for fatally injuring 52-year-old Andre Zedrick Steward in a July hit-and-run collision in Minneapolis. The woman told a witness that she was driving drunk when she hit a man, adding that she and her sister had fled the scene and flown to Las Vegas.
Staff writer Paul Walsh contributed to this report.
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