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HANDBOOK FOR MINNESOTA CITIES The filing requirement is intended to provide prospective buyers with notice of existing land use restrictions on a • particular parcel of property.The legislative reaction to the fact that this is burdensome to administer,was to enact contradictory legislation that essentially made the filing requirements difficult to interpret.Thus, it is best to simply file all the above-referenced documents until the Legislature clarifies this area of the law. Judicial review To avoid or minimize the costly expenses of litigation,cities Swanson v.City of should always tape record their meetings,make findings Bloomington,X421 N.W.2d 307 (Minn. 1988). contemporaneously with any actions taken,and provide an opportunity for interested parties to speak. If these steps are followed,the city should have a clear and complete record that generally limits the court's review of the city's record,and eliminates the need for additional evidence at trial. District court review is available,but an exhaustion of the Minn.Stat.§462.361. remedies provided by ordinance is first required. Honn v.City¢f Coon Rapids, The general standard for review in all land use decisions is 313 N.W.2d 409(Minn. 1981). whether the council's action was reasonable and rationally Zylka v.City Of Crystal,283 based. If the city neglects to state reasons for an action taken • Minn. 192, 167 N.W.2d 45 on the record,the city's action is presumed arbitrary and (1969). unreasonable. Similarly, if the record contains no findings by Kehr v.City Roseville,426 the council,the burden of proof shifts to the city to show that N.W.2d 233 4Minn.App. its actions were reasonable.Findings adopted within a 1988). reasonable time are sufficient.For example,in complex matters where additional time is required,findings adopted at a R.A.Putnam Assocs.Inc.v. City of Mendota Heights,510subsequent council meeting will be appropriate.Findings must N.W.2d 264(Minn.App. be legally sufficient and factually supported. 1994). C.R.Investments,Inc.v. Village of Sh review,304 N.W.2d 320 Minn. 1981). Fees Cities may charge fees for administering local land use Minn.Stat.§462.353,subd.4. regulations.Any city may set fees to sufficiently cover the costs of reviewing,investigating,administering and applying for an amendment to an ordinance,regulation or permit application. 400 i