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Group puts legal foot in door against LF Wal-Mart Super Center proposal
Staff Writer A citizen group wants to express its opposition to a Wal-Mart Super Center proposal in Little Falls.
Thomas E. Casey, Mound, an attorney representing Minnesota Citizens Organized Acting Together, presented a notice of intervention and legal memo to the Little Falls City Council Monday.
Casey said the notice of intervention is not a lawsuit against the city. He said it is a legal document that gives the organization equal treatment from the city council.
"This gives my clients the right to be heard, adequate opportunity to prepare and timely receipt of all documents," said Casey. "In other words, the same procedural rights as Wal-Mart."
Wal-Mart Stores Inc. has a purchase agreement for 28 acres in Little Falls off Highway 10 near the Highway 27 exit north of the Country Inn and Suites. The proposed superstore would be 203,816 square feet and would include groceries, a liquor store, an auto center, a gas station and a pharmacy with a drive-up window.
Casey said the two main points in the notice of intervention were addressed by the city council Monday and he was pleased with the outcome. One of the issues was that the city has the right by state law to extend the zoning request review period for another 60 days with written notice to the applicant. Neil, Patricia and Mary Lou Thesing made the request to rezone the property to a B-3, or a non-central business district, on Oct. 22.
The council decided Monday to extend the review period for another 60 days. If the council does not approve or deny the zoning request before the extension period expires, the request to rezone the property to a B-3 would automatically be approved.
"I think this is the right thing to do," said Casey on the extension. "This will give people time to think of the pros and cons of Wal-Mart's application and it will allow the city council more time to deliberate on what is in the best interest of the community."
Another point of the memo, according to Casey, is that the city must hold a public hearing, by state law, before it amends its zoning ordinance. The city council set a public hearing for Jan. 24 to discuss an ordinance change.
Casey said he would like the city to deny Wal-Mart's request to rezone the property. He said then the city has the authority to place a moratorium on big box commercial development for up to a year. This would allow the city time to address whether the comprehensive plan and zoning ordinance need to be amended to address the issue of big box commercial development and alleviate any pressure's from Wal-Mart, he said.
The notice of intervention also addressed concerns of the Minnesota COACT regarding the city's comprehensive plan, which was adopted in 1997. Casey said the plan needs to be modified and refined to address superstores. The plan also does not specify what kind of commercial use should be developed along Highways 371 and 10.
The comprehensive plan promotes quality commercial development that serves the needs of the citizens. The plan also states that small neighborhood retail centers should be established at or near major collector intersections in the growth areas of the community.
In the memo, Casey said, "Is Wal-Mart quality? Does the Little Falls area need a Wal-Mart or other big box retail? Certainly Wal-Mart is not a small neighborhood retail center."
Casey said one of the goals of the city is to enhance the community's character. He said Wal-Mart detracts from Little Falls' character and its identity because it contributes to the homogenization of the community where every town looks like every other town.
Little Falls City Administrator Richard Carlson said Peter Vogel, the city's attorney, is reviewing the memo and will give the city council his opinion on the memo at the council's planning meeting on Monday or at the city council meeting Dec. 20.
Carlson said Vogel was out of town Wednesday and would not be available for comment. Carlson said he did not feel comfortable commenting on the memo since it mainly involved legal points.
Little Falls Mayor Brian Mackinac said Wednesday that he and the other council members have not seen the notice of intervention and therefore he could not comment on it.
A Wal-Mart spokesman could not be reached for comment.
JENNIFER STOCKINGER can be reached at jennifer.stockinger@brainerddispatch.com or 855-5851.
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