Correspondence
CORRESPONDENCE
Notice of Public Hearing to Amend Solid Waste Management Ordinance for Hennepin County.
Minnesota Manufacturer's Week Proclamation.
Letter from City Attorney to Steve Torell dated September 20, 2000.
Association of Metropolitan Municipalities Newsletter dated September 18,2000.
Notice of Appeal of Commissioners' Award for Fox Properties Limited Partnership.
Association of Metropolitan Municipalities Newsletter dated September 25, 2000.
Fire Department Calls For Week of September 11,2000.
Letter from Todd Hoffman to Mr. Andrew Spevacek dated September 26, 2000.
Letter from Debra Kind to Mr. Dave Hempel dated September 25, 2000.
Comments for Hwy. 212.
Letter from Cynthia Kirchoff to Me. Michael Nelson dated September 27, 2000.
Letter from Roger Brooks, Deputy Legislative Auditor to Scott Botcher dated September 28,
2000.
Fire Department Calls For Week of September 25,2000.
Association of Metropolitan Municipalities Legislative Policies.
Memo from Jonathan Effertz to Scott Botcher dated September 19, 2000.
Ordinance Number Two
Solid Waste Management Ordinance
For Hennepin County
Executive Summary
Ordinance Number Two, Solid Waste Management Ordinance for Hennepin County is
being revised in accordance with Minnesota Statute 473.811, which sp¡:cifies that the
county have an Ordinance that embodies the State Solid Waste Rules. Provisions of this
statute require periodic revision of the county ordinance. Ordinance Number Two was
last amended in 1983; therefore, we are recommending that the entire ordinance be
repealed and replaced with new language. During the past seventeen years there have
been numerous changes in both the solid waste industry and state solid waste regulations
that need to be addressed in a revised Ordinance Number Two.
Background
The purpose of this ordinance is to establish standards for operation of solid waste
facilities and establish standards for the disposal of solid waste in Hennepin County.
,. Hennepin County currently licenses nine solid waste facilities. County staff also
investigate complaints relating to the illegal disposal of solid waste.
The ordinance sets forth:
A. License requirements for the design, construction and operation of a solid
waste facility.
B. Procedures for inspection of solid waste facilities and enforcement of this
Ordinance and violations and penalties for noncompliance.
C. Insurance and perfonnance bond requirements.
D. Requirements preventing illegal dumping.
E. Requirements establishing procedures to close open dumps.
Ordinances Changes
Specific changes include:
A. Definitional changes have been made to keep them consistent with state rules.
B. Facility specific requirements have been modified to confonn with MPCA Rules.
C. The scope of the ordinance has been increased. Facilities currently regulated include
Sanitary Landfills, Demolition Landfills, Transfer Stations, Resource Recovery
Facilities and Waste Tire Collection Centers. Additional facilities to be regulated in
accordance with state rules include Compost Facilities, Land Application Sites,
Processing Facilities, Qualified Cleanfill Landfills and Wood Waste Facilities.
D. Standard licensing conditions have been incorporated futo the ordinance.
E. Additional licensing requirements including a fire protection plan, litter control plan
and vermin control plans have been added to ensure protection of public health.
F. All solid waste transfer operations must be conducted inside a building. Existing
outdoor facilities would have two years, from the time the ordinance was adopted, to
comply with this requirement.
G. Annual license renewals would be approved at the departmental level and only new
facility licenses would go before the County Board.
H. Administration and enforcement standards have been update to be consistent with
Ordinance Number Seven (Hazardous Waste Ordinance).
...
fIDϮ~IT
ORDINANCE NUMBER ;rWO
SOLID WASTE MANAGEMENT ORDINANCE
FOR
HENNEPIN COUNTY
DEPARTMENT OF ENVIRONMENTAL SERVICES
ADOPTED BY THE
HENNEPIN COUNTY BOARD OF COMMISSIONERS
OF HENNEPIN COUNTY, MINNESOTA
JULY 17, 1976
AMENDED ON APRIL 8, 1980
AMENDED ON AUGUST 2, 1983
IN ACCORDANCE WITH
MINNESOTA STATUTES, SECTION 473.811
lIDilllß~~
TABLE OF CONTENTS
ORDINANCE NUMBER TWO
SOLID WASTE MANAGEMENT ORDINANCE
SECTION ITEM PAGE
1.00 GENERAL PROVISIONS ..............................................................1
1.01 Administrative Procedures .........................................................1
1.02 Administration ....................................:......................................1
1.03 Definitions.......................................·..:..·..·..·..·..·....········..·..···· ...1
1.04 Compliance ................................................................................6
1.05 Conditions .................................................................................. 7
1.06 False Infonnation ....................................................................... 7
1.07 Prohibitions ......................................................... ...... ................. 7
2.0 2.00 STANDARDS FOR HEALTH, SAFETY, AND
ENVIRONMENTAL PRESERVATION.....................·..·· 8
2.01 Standards Adopted ................................ ........... ..........................8
2.02 State Rules As Read.....................................·.............................9
3.0 0 LICENSING .................................... ...... ................. ................. .........9
3.01 License or Pennit Required .......................................................9
3.02 Licensing Not Exclusive..................................................·........·9
3.03 Fees ............................................................................................1 0
3.04 License Tenn .............................................................................10
3.05 License or Pennit Application ...................................................10
3.06 Incomplete or Non-Confonning Application.............................11
3.07 Standard Licensing Conditions.................................................·11
3.08 Renewal........................ ....... ...... ... ......... ...... ..... ....... ..... ... ........ ...13
3.09 Denial.................................................................·..·..··..·....·..·.....13
3.10 Perfonnance Bonds ....................................................................14
3.11 Insurance ....................................................................................14
4.00 COMPOST FACILITIES ...............................................................15
4.01 General Requirements................................................................ 15
4.02 Design and Construction Requirements..................................... 15
4.03 Operating Requirements ............................................................15
4.04 Exemptions ................................................................................15
4.05 Compliance ................................................................................15
5.0 LAND APPLICATION SITES..........................................15
5.01 General Requirements.................................................··........··..·16
5.02 Operating Requirements ............................................................16
6.00 LAND DISPOSAL FACILlTIES...................................................16
6.01 General Requirements....................................................·..··....·..16
6.02 Design and Construction Requirements..................................... 16
6.03 Operating Requirements ............................................................16
6.04 Exemptions ................................................................................17
7.00 PROCESSING FACILITIES .........................................................17
7.01 General Requirements................................................................ 17
7.02 Design and Construetion Requirements..................................... 17
7.03 Operating Requirements ............................................................18
8.00 SOLID WASTE STORAGE..............................................·....·......·18
1
8.01 General Requirements................................................................18
8.02 Design and Operation Requirements .........................................18
9.00 TRANSFER FACILITIES..............................................................18
9.01 General Requirements....·..·....··..··..·..··..·....................................18
9.02 Design and Construction Requirements..................................... 18
9.03 Operating Requirements ............................................................18
10.00 WASTE TIRE FACILITIES ...........................................................18
10.01 Design and Construction Requirements...................................18
10.02 Operating Requirements ..........................................................18
11.00 WOOD WASTE FACILITIES................;...................................... 19
I I .01 General Requirements......................:....................................... 19
11.02 Operating Requirements ..........................................................19
12.00 ADMINISTRATION AND ENFORCEMENT.............................19
12.01 Duties and Department ............................................................19
12.02 Right of Entry ..·..·..···....···..·..···..·..··..·..··..··..·..·..·.....................20
12.03 Orders and Notices...................................................................20
12.04 Compliance ..............................................................................20
12.05 Inspection................................................................................ .21
12.06 Financial Assurance .................................................................21
12.07 Revocation of License....................................................... .......22
12.08 Suspension of License......................................................... .....22
12.09 Summary of Suspension ofLicense.........................................22
12.10 Hearings ...................................................................................23
13.00 TERMINATION OF OPERATION ..............................................25
14.00 VIOLATIONS AND PENALITIES...............................................25
14.0 1 Misdemeanor..................................................................... .......25
14.02 Aiding and Abetting.................................................................25
14.03 lnj uncti ve Relief..................................................................... ..25
14.04 Civil Action or Cost as Special Tax.........................................26
14.05 Citation Authority ..............ò........................ ....... ........... .... .......26
14.06 Penalty Provisions.......................................... ....... ...................26
15.00 MODIFICATION OF REQUIREMENTS....................................26
15.01 Waivers or Modifications ........................................................26
15.02 Agency Approval.....................................................................26
15.03 Closure/Post -Closure.............................................................. .26
16.00 EFFECTIVE DATE ........................................................................27
17.00 SEVERABILITY ..................................................... ........................27
18.00 PROVISIONS ARE CUMULATIVE ............................................28
2
ORDINANCE NUMBER TWO
SOLID WASTE MANAGEMENT
Purpose: The purpose of this ordinance is to establish standards for disposal of solid
waste within Hennepin County and the operation of solid waste facilities in Hennepin
County, Minnesota, in accordance with Minn. Stat. § 473.811.
To accomplish this purpose, the ordinance sets fort;h:
A. license requirements for the establishment and operation of a solid waste
facility;
B. design and construction requirements for solid waste facilities;
C. insurance and perfonnanee bond requirements;
D. solid waste facility operating requirements;
E. requirements preventing illegal dumping;
F. requirements establishing procedures to close open dumps;
G. procedures for inspection of solid waste facilities and enforcement of this
ordinance; and
H. violations and penalties for noncompliance.
1.00 GENERAL PROVISIONS
1.01 Administrative Procedures. Provisions of the Hennepin County Administrative
Procedures Ordinance that are not covered by this ordinance and do not conflict
with provisions of this ordinance shall apply as if fully set forth herein.
1.02 Administration. This ordinance shall be administered by the Hennepin County
Department of Enviromnental Services. The tenn "Department" where used in
this ordinance and the Hennepin County Administrative Procedures Ordinance,
shall mean the Hennepin County Department of Enviromnental Services.
1.03 Definitions. The following words and phrases, when used in this ordinance,
unless the context clearly indicates otherwise, shall have the meaning ascribed to
them in this section.
A. "Backyard Compost Site" means a site used to compost vegetative food
scraps, garden wastes, weeds, lawn euttings, leaves and prunings from a
single family household, apartment building, or a single commercial
office, by an owner occupant, or lessee of the property.
B. "Closure" means actions to prevent or minimize the threat to public
health and the enviromnent posed by a closed Solid Waste Facility
including removing contaminated equipment, removing liners, applying
..
1
fmal cover, grading and seeding final cover, installing monitoring devices,
constructing ground water and surface water diversion structures, and
installing gas control systems, as necessary.
C. "Clean Fill" means uncontaminated natural earthen material such as soil,
sand, and gravel.
D. "Collection" when referring to solid waste, means the aggregation of
solid waste from the place at which.it is generated and includes all
activities up to the time the waste is delivered to a solid waste facility.
E. "Compostable Material" means any material that is primarily organic
and can be putrefied.
F. "Composting" means the controlled biological decomposition and
management of selected solid waste to produce an innocuous, humus
product-like material, which can be used as a soil conditioner.
G. "Composting Facility" means a site used to compost or co-compost Solid
Waste, including all structures or proeessing equipment used to control
drainage, collect and treat leachate, and storage areas for the incoming
waste, the final product and residuals resulting from the composting
process.
H. "Construction Debris" means waste building materials, packaging, and
rubble resulting from construction, remodeling, repair, and demolition of
building and roads.
1. "County" means Hennepin County, Minnesota.
J. "County Board" means the Hennepin County Board of Commissioners.
K. "Demolition Debris" means solid waste resulting from the demolition of
buildings, roads, and other structures including but not limited to concrete,
brick, bituminous concrete, untreated wood, masonry, glass, trees, rock
and plastic building parts, and other waste materials which have been
approved in writing by the Department. Demolition debris does not
include asbestos wastes.
L. "Demolition Landfill" means a facility used to dispose of construction
debris and/or demolition debris in or on the land.
M. "Department" means the Hennepin County Department of
Environmental Services.
N. "Disposal or Dispose" means the discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste into or on any land or water
so that the solid waste or any constituent thereof may enter the
environment or be emitted into the air, or discharged into any waters,
including ground waters.
2
O. "Hazardous Waste" means any refuse, sludge, or other waste materials
or combinations of refuse, sludge, or other waste materials in solid, semi-
solid, liquid, or contained gaseous fonn which because of its quantity,
concentration, or chemical, physical or infectious characteristics may (a)
cause or significantly contribute to an increase in mortality or an increase
in serious irreversible, or incapacitating reversible illness; or (b) pose
substantial present or potential hazard to human health or the enviromnent
when improperly treated, stored, transported, or disposed of, or otherwise
managed. Categories of hazardous waste m.aterials include but not limited
to explosives, flammables, oxidizers, poisons, initants and corrosives.
Hazardous waste does not include source, special nuclear, or by-product
materials as defined by the Atomic Energy Act of 1954, as amended.
P. "Industrial Solid Waste Landfill" means a facility used to dispose of
industrial solid waste in or on the land.
Q. "Industrial Solid Waste" means solid waste resulting from an industrial,
manufacturing, service, or commercial activity that is managed as a
separate waste stream.
R. "Inert Material" means a material that nonnally displays no chemical
activity except under special or extreme eonditions to include
uncompostable material remaining in a compost system after
decomposition.
S. "Land Disposal Facility" means a facility used to dispose of solid waste
in or on the land. Land disposal facilities include but are not limited to
municipal solid waste landfills, demolition landfills, industrial landfills,
and qualified clean fill landfills.
T. "Land Application" means the landspreading or placement of waste or
waste by-products on or incorporation of them into the soil surface.
U. "Land Application Site" means a site used for land application.
V. "Landspreading" means the placement of waste or waste by-products on
or incorporation of them into the soil surface.
W. "Licensee" means the person who has been given written authority by the
County Board or Department to earry out any of the activities for which a
license is required under the provision of this ordinance.
X. "Major Modification" means a proposed change in a licensed solid waste
facility that requires County Board Approval. The criteria are stated in
Section 3.08 item B.
Y. "MPCA" means the Minnesota Pollution Control Agency, its agents or
representatives.
3
Z. "MPCA Rules" means Minnesota Pollution Control Agency Solid Waste
Management Rules.
AA. "Municipal Solid Waste" means garbage, refuse and other solid waste
from residential, commercial, industrial and community activities.
BB. "Municipal Solid Waste Landfill" means a site used for the disposal of
mwiicipal solid waste in or on the land.
CC. "Nonconforming Solid Waste Disposal Site or Facility" means a public
or private solid waste disposal site or facility that does not hold a current
license by the County and a current pennit from the Minnesota Pollution
Control Agency.
DD. "Open Dump" means a land disposal site at which solid waste is disposed
of in a manner that does not protect the enviromnent, is susceptible to
open burning and is exposed to the elements, flies, rodents, and
scavengers.
EE. "Operator" means the person or persons responsible for the operation of
a solid waste facility.
FF. "Person" means any human being, any municipality or other
governmental or political subdivision or other public agency, any public or
private corporation, any partnership, finn, association, or other
organization, any receiver, trustee, assignee, agent, or other legal
representative of any of the foregoing, or any other legal entity, but does
not include the Minnesota Pollution Control Agency.
GG. "Petroleum Contaminated Soil" means excavated soil, which because of
its petroleum content must be treated or disposed of according to the
Minnesota Pollution Control Agency guidelines.
RH. "Postclosure" means actions taken for the care, maintenance, and
monitoring ofa Solid Waste FaeiIity after closure that will prevent,
mitigate, or minimize the threat posed to public health and the
enviromnent posed by the closed Solid Waste Facility. This process
continues until it is detennined by the County to be no longer necessary.
II. "Processing" means the treatment of solid waste after colleetion and
before disposal. Processing includes but is not limited to reduction,
separation, exchange, resource recovery, physical, chemical, or biological
modification.
JJ. "Processing Facility" means a site used to process solid waste.
KK. "Public Nuisance" means the creation of acts or eonditions that
unreasonably annoy, injure, or endanger the safety, health, comfort, or
repose of any number of members, of the public.
4
MM. "Qualified Clean Fill" means uncontaminated concrete, brick, or inert
materials, less than eighteen (18) inches in any dimension approved for
beneficial use by the Department and the Minnesota Pollution Control
Agency.
LL. "Putrescible Material" means solid waste which is capable of becoming
rotten and which may reach a foul state of decay or decomposition.
NN. "Qualified Clean Fill Landf11I" means utilization of qualified clean fill
for a beneficial land use project.
00. "Shoreland" means land located within the following distances from the
ordinary high water elevation of public waters: (a) land within 1,000 feet
from the nonnal high watennark of a lake, pond, reservoir, impoundment,
or flowage; and (b) land within 300 feet of a river or stream or the
landward side of flood plain delineated by ordinance on such a river or
stream, whichever is greater.
PP. "Salvaging" means the controlled and authorized removal of waste
materials from a licensed solid waste facility.
QQ. "Sewage Sludge" means the solids and associated liquids in municipal
wastewater, which are encountered and concentrated by a municipal
wastewater treatment plant. Sewage sludge does not include incinerated
residues and grit, scum, or screening removed from other solids during
treatment.
RR. "Sludge" means any solid, semisolid, or liquid waste generated from a
commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air contaminant treatment facility, or any other waste
having similar characteristics and effects.
SS. "Solid Waste" means garbage, refuse, sludge from a water supply
treatment plant or air contaminant treatment facility, and other discarded
waste materials and sludges, in solid, semi-solid, liquid or contained
gaseous fonn, resulting from industrial, eommercial, construction,
demolition, mining, and agricultural operations, and from community
activities, but does not include hazardous waste; animal waste used as
fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved
material in domestic sewage or other common pollutants in water
resources, such as slit, dissolved or suspended solids in industrial waste
water effluents or discharges which are point sources, subject to pennits
under Section 402 of the Federal Water Pollution Control Act, as
amended, dissolved materials in irrigation return flows; or source, special
nuclear, or by-product material as defined by The Atomic Energy Act of
1954, as amended.
TT. "Solid Waste Facility" means a facility used for processing or disposal of
solid waste in Hennepin County. Solid waste facilities include but are not
5
limited to compost facilities, land disposal facilities, transfer facilities,
processing facilities, waste tire facilities, and land application sites.
DU. "Solid Waste Storage" means the holding of solid waste for more than 48
hours in quantities equal to or greater than ten cubic yards.
VV. "Transfer Facility" means an intennediate solid waste facility in which
solìd waste collected from any source is temporarily deposited to await
transportation to another solid waste facility.
WW. "Unprocessed Waste" means municipal solid waste that has been
certified as unprocessiblè by the Department, or municipal solid waste that
has been transferred to a Land Disposal Facility from a Processing Facility
where it has been certified as unprocessible by the operator and no other
Processing Facility in the metropolitan area is capable of processing the
municipal solid waste.
XX. "Waste" means solid waste, sewage sludge, and hazardous waste.
IT. "Waste Tire" means any tire that is no longer suitable for its original
intended purpose because of wear, damage, or defect, or has been
discarded.
ZZ. "Waste Tire Facility" means a solid waste facility where more than 500
waste tires or an equivalent amount of tire derived products are collected,
deposited, stored, or processed. The temporary storage of waste tires or
tire derived products at the site of final use does not make the site a waste
tire facility.
AAA. "Waste-to-Energy Facility" means a facility where solid waste is
converted to energy.
BBB. "Wood Waste" means chemically untreated wood pieces. Such materials
may include but are not limited to trees, stumps, untreated lumber, and
untreated wood pallets. Wood waste does not include wood pieces or
particles containing or treated with chemical additives, glue, resin, or
chemical preservatives.
CCC. "Wood Waste Site" means a location where wood waste is processed.
DDD. "Yard Waste" means the garden wastes, leaves, lawn cuttings, weeds,
prunings, shrubs, and tree waste generated at residential or commercial
properties.
1.04 Complìance. No person shall cause or pennit the disposal, or processing of solid
waste, or construct or operate solid waste facilities, except in full compliance with
the provisions of this ordinance, including but not limited to all provisions
requiring full disclosure of infonnation regarding such disposal, or processing.
6
1.06 False Information. Omission of any infonnation or submission of false
infonnation may be deemed a violation of this ordinance or may be deemed a
violation of Minnesota statutes.
.1.05 Conditions. The Department may impose conditions on any license, pennit or
variance as deemed necessary to monitor the operation and ensure the public
health and safety. Violation of any condition imposed by the County on a license,
pennit, or variance shall be deemed a violation of this ordinance and subject to
the penalty provisions set forth in this ordinance.
1.07 Prohibitions.
A. Unprocessed municipal solid waste. No facility required to be licensed by
this ordinance may accept unprocessed municipal solid waste for final
disposal in violation of Minn. Stat. § 473.848, Subdivisions 1 and 5. Solid
waste facilities shall maintain records accessible to County representatives
documenting compliance with the provisions of this subsection and
pursuant to Section 3.07 subsections Nand 0 of this ordinance.
Conditions governing disposal or processing shall not apply to solid waste
or its residue which is properly transported out of Minnesota for disposal
or processing unless flow control is authorized at the federallevel.
B. Shoreland. No person shall authorize or allow the filling or trenching of
any solid waste facility within the shoreland or wetlands of land under his
or her control as owner, leasee, or otherwise.
C. Open Dumps. No person shall operate an open dump.
1. Waste placed in open dumps or illegally disposed of shall be
collected and transported to a licensed solid waste facility for
proper disposal by the property owner or other person(s)
detennined by the Department to be responsible for the illegal
activity. The responsible person shall notify the Department at
least 48 hours prior to commencement of excavation/removal
activity at the subject site. A receipt or other documentation
approved by the Department, which indicates satisfactory and legal
disposal ofthe subject solid waste shall be submitted to the
Department no later than 14 days after disposal.
2. Open dumps may submit a closure plan to the Department for
approval. Closure plans shall be in compliance with MPCA rules
and any other requirement deemed necessary by the Department.
3. Effective means must be taken, if necessary to control flies,
rodents, and other insects, or vennin.
4. Implementation of a water-monitoring program may be required by
the Department based on the open dump's potential to adversely
affect the public's health and the enviroument. Any required
water-monitoring program shall be in accordance with MPCA
7
rules, guidelines, procedures and policies. Plans to protect the
ground and surface water shall be approved by the Department
prior to implementation.
5. Surface water must be diverted around and away from the open
dump.
6. Remove all containerized liquids, hazardous waste, and other items
specified by the Department for proper processing or disposal.
Recyclable materials shall be remoy.èd and processed if feasible.
7. The owner of the property on which the open dump is located,
shall place on record an instrument with the Hennepin County
Recorder, in a fonn prescribed by the Department placing the
public on notice of the existence and location ofthe open dump
and of the obligations placed upon parties holding an interest in the
property and the restrictions which may affect the use ofthe
property.
8. Waiver. The Department may waive any of the closure
requirements of this ordinance, provided such waiver does not
violate Department rules or create a Public Nuisance.
2.00 STANDARDS FOR HEALTH, SAFETY, AND ENVIRONMENTAL
PRESERVATION
2.01 Standards Adopted. Pursuant to Minn. Stat. § 375.51 Subd. 3, the County
includes by reference current Minn. Rules 7001.3050 subp. 3 item A, 7035.0300
to 7035.2885, 7037.0100 to 7037.3700, 9220.0110 to 9220.0300 and 9220.0450
to 9220.0510, inclusive, relating to solid waste, petroleum soil contaminated soil
management and waste tire management, respectively, along with new rules or
updated version of the rules promulgated after adoption of this ordinance, and any
updated versions of such rules as further adopted after adoption of this ordinance.
Such standards include such other Minn. Rules as identified in respective facility
section in the remainder of this ordinance. Failure to list or reference a speeific
state rule or updated rule shall not invalidate its application in relationship to this
ordinance.
2.02 State Rules As Read. The above State Rules are hereby modified to be read in
this ordinance as follows:
A. Wherever the tenns "Minnesota Pollution Control Agency," "MPCA," or
"Agency," appear in these adopted Rules, they shall be held to mean the
"Department."
B. Wherever the tenns "Director" or "Commissioner" appear in these
adopted Rules, they shall be held to mean the "Department."
8
C. When referring to any solid waste facility except a land application site
and a qualified clean fill landfill, wherever the terms "pennit," "pennitee,"
''pennitting,'' or "permitted" appear in these adopted Rules, they shall be
held to mean "license," "licensee," "lieensing," or "licensed."
D. Wherever the tenns "Minnesota" or "State of Minnesota" appear in these
adopted Rules, they shall be held to mean "Hennepin County."
E. Wherever the term "Minnesota Waste Management Board" or "Board"
appears in these adopted Rules, it shall be ~ld to mean the "Department."
F. Wherever the tenn "Chair" appears in these adopted Rules, it shall be held
to mean the "Department."
3.00 Licensing
3.01 License or Permit Required. A solid waste facility license, from the County
Board or Department is required to establish, operate, or maintain a compost
facility, land disposal facility, processing facility, solid waste storage facility,
transfer facility, waste tire facility and a wood waste facility. A pennit is
required, from the County Board or the Department to establish, operate or
maintain a land application site or a qualified clean fill landfill.
Unless otherwise provided by this ordinance, no person shall, within Hennepin
County:
A. Dispose of solid waste except at a solid waste facility licensed or
pennitted by the County Board or the Department;
B. Allow property or land under his or her control to be used for disposal of
solid waste unless licensed or pennitted by the County Board or the
Department to do so;
C. A solid waste facility shall be licensed or pennitted until closure is
complete as approved by the Department;
D. If a solid waste facility can be classified as more than one of the types
defined by this ordinance, the facility shall be licensed according to its
primary function as detennined by the Department. Requirements for the
additional solid waste facility types shall also be satisfied.
3.02 Licensing Not Exclusive. The obtaining of a solid waste facility license or
pennit shall not be deemed to exclude the necessity of obtaining other appropriate
licenses or pennits except as expressly provided herein. Compliance with the
provisions of this ordinance shall not relieve any person of the need to comply
with any and all other applicable rules, regulations, and laws.
9
3.03 Fees.
A. The County Board shall by resolution establish fees, including fees for the
initial license, pennit, and renewal oflicenses for facilities.
B. The County Board, by resolution, establishes such other fees as may be
necessary for the administration of this ordinance.
C. Fees for new licenses and permits are due upon submittal of an
application for a license or permit to the Dèpartrnent. Fees for the renewal
of licenses are due thirty (30) days prior to'the expiration of the current
license. As used herein, fees include license fees, pennit fees, application
fees, and such other fees as may be prescribed by the County Board. .
3.04 License Term. Unless otherwise provided by the County Board, each license
granted pursuant to the provisions of this ordinance shall be non-transferable and
shall be for a period of not more than one year.
The license year for solid waste facilities shall be from July 1 through June 30.
3.05 License or Permit Application.
A. Applications for license, pennits or license renewals shall be submitted to
the Department, on fonns provided by the Department. Applicants shall
provide all infonnation as required for the administration of this
ordinance.
B. The application for a solid waste facility license or pennit shall include:
1. A copy of the applicant's MPCA application materials: if the
applicant has received a pennit-by-rule from the MPCA,
application requirements provided in Minn. Rule 7035.1800
(Pennit Application and Required Plans) shall be submitted to the
Department.
2. The initial application for licensing a solid waste facility shall
include the documentation required by Minn. Rules 7035.2625
through 7035.2655 (Closure, Closure Procedures, Postclosure Care
and Use of Property). The documentation shall eSlablish financial
assurance for the closure and postclosure of the solid waste
facility, including funding procedures, a description of the funding
method, and the value of the funding which assures that closure
and postclosure activities of the solid waste facility will take place.
3. A Fire Proteetion Plan: The plan shall be a fonnal written plan,
approved by the Fire Chief of the fire protection agency
responsible for the solid waste facility. The plan shall detail
procedures for fire proteetion, including fire suppression
10
equipment, the number of facility employees available to respond
to a fire, training of employees, and other infonnation as required
by the Fire Chief.
4. A Litter Control Plan: The plan shall be a fonnal written plan,
approved by the Department detailing what measures will be taken
to prevent and remediate the effects of waste material that is
scattered on or off-site.
5. A Vermin Control Plan: The plan shall be a fonnal written plan,
approved by the Department detailing how vennin will be
controlled on-site.
6. A Odor Control Plan: The plan shall be a fonnal written plan,
approved by the Department outlining how odors will be
controlled on-site.
7. Municipal Approval: The applicant shall provide written proof that
the local municipal government where the proposed solid waste
facility is to be situated has eonsidered and authorized
establishment of the facility.
8. Property Identification Number: The property identification
number (PID) of the parcel or parcels where the licensed or
pennitted activity actually take place.
C. Applicants for a solid waste facility license shall not commence any
construction or operation until the initiallicense application has been
approved by the County.
3.06 Incomplete or Non-Conforming Application.
If an application for a solid waste facility license, pennit or license renewal is not
complete or otherwise does not confonn with the requirements set forth in this
ordinance, the Department shall advise the applicant in writing ofthe reasons for
non-aeceptance within sixty (60) days of the application receipt. The Department
may request that the applicant resubmit, modify or otherwise alter the applieation.
The applicant shall comply with such requests within the time specified by the
department.
3.07 Standard Licensing Conditions. Solid waste facilities must comply with the
following conditions:
A. Operations shall be in confonnance with all requirements of the MPCA
pennit and all applicable ordinances, statutes, rules and regulations.
B. Subsequent disposal of municipal solid waste shall be at a solid waste
facility(ies) for which all applicable state, county, and municipal
11
permits(s)/license(s) have been issued. Upon request by the Department,
the licensee shall provide all said copies ofpennits(s)/license(s).
C. The County shall set capacity limits on the facility, taking into account site
location, size of the facility, surrounding properties, hydrology, site
facilities and waste type.
D. Source-separated recyclables shall not be accepted except for recyeling or
transfer to a recycler unless it is detennined that no other person is willing
to accept the recyclable materials as provid:ed in Minn. Stat. § 115A.95.
E. Operational hours for all licensed facilities shall be approved by the
Department.
F. The licensee shall notify the department at least 60 days prior to
implementing any major modifications.
G. Licensee shall immediately notify the Department of all hazardous,
infectious, or radioactive materials delivered to lieensee's solid waste
facility. A "Waste Inspection/Incident Report" shall be completed and
sent to the Department within 48 hours of discovery ofthe waste. The
"Waste InspectionlIncident Report" is available and shall be provided by
the Department upon request.
H. The required license fee shall be paid before the license is issued.
1. A perfonnance bond or letter of credit eonsistent with written County
policy shall be submitted before the license is issued.
J. Proof of insurance consistent with written County policy shall be provided
before the license is issued. The County policy is available and shall be
provided by the Department upon request.
K. The licensee shall enact and comply with the Fire Control Plan, Litter
Control Plan, and the Odor Control Plan, as approved by the Department.
L. A copy of the MPCA annual report shall be submitted with all requested
infonnation provided.
M. Copies of all inspection reports received from state and local agencies
shall be submitted to the Department.
N. Reports shall be submitted on Department approved fonns, which indicate
the amount of waste brought in by date, hauler, origin of waste by county,
Hennepin County Vehicle ill Number (if available), amount and type of
products removed from waste, and the amount of outgoing materials and
their ultimate destination.
O. The County shall be pennitted to access business records and the licensee
shall fully cooperate with all County requests for documents. A business
12
record includes but is not limited to a memorandum, report, record, or data
compilation, in any fonn.
P. The County shall be pennitted to access and inspect all areas ofthe solid
waste facility, including but not limited to vehicles, containers, and
storage areas.
Q. The Department shall have discretion to impose additional requirements in
order to protect public health and safety.
3.08 Renewal.
A. Each license granted shall expire annually at midnight on June 30th, unless
otherwise provided by the County Board. The Department shall mail an
annual license renewal notice to all licensees by March Ist. Applications
for license renewal shall be made in writing to the Department by April
1st. Failure to apply for a license renewal by Aprillst, shall serve as
intent to begin closure of the solid waste facility at the end of the current
year. Applications for license modification or license renewal received
after Aprillst, shall be considered late and subject to a late application
fee.
B. An application for renewal shall include any changes in the infonnation
submitted in the last approved license application. Major modifications
planned for the new licensing period must also be noted in the infonnation
submitted to the Department. The Department shall use the following
criteria to detennine major modifications:
1. Potential for significant environmental and/or public health impact.
2. Change in the type(s) or quantity(ies) of waste accepted.
3. Change in the waste management method or addition of a new
waste management method used at a site or solid waste facility.
C. Failure to submit such infonnation is grounds for revocation or for denial
oflicense renewal by the Department. If there are no changes, this fact
shall be stated in the renewal application.
D. Facility lieense renewal applications shall be subject to approval of the
Department. If the Department does not aet on a facility license renewal
application, which is complete and submitted on time, the current license
shall continue in force until action is taken.
3.09 Denial. Failure by the County to act on an initial solid waste facility application
within one hundred twenty (120) days from the date ofreceipt of a completed
application, shall constitute grounds for the applicant to request a hearing. The
request for a hearing shall be governed by Section 12.10 of this ordinance.
Failure to act shall be construed as denial without prejudice.
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3.10 Performance Bonds. Unless otherwise provided by the County Board and/or the
Department, issuance of a solid waste facility license, pursuant to the provisions
of this ordinance, shall be contingent upon the applicant furnishing to the
Department a bond or letter of credit naming the County as the obligee with
sufficient sureties duly licensed and authorized to transact corporate surety
business in the State of Minnesota as sureties. The amount of the bond or letter of
eredit shall be set by the Department according to the following fonnula:
A Estimated cost, submitted by the applicant and approved by the
Department, for a third party contractor, unrelated to the applicant or to
Hennepin County, to properly dispose oftlie maximum inventory of solid
wastes that will be on-site at anyone time, and to decontaminate the
faeility and all equipment in the facility, or dispose of any equipment that
cannot be decontaminated, and to perfonn any other activities necessary to
ensure that the facility does not pose a threat to human health or the
environment.
B. And an additional thirty (30) percent of such unanticipated expenses and
administrative costs that the County might incur.
The condition of such bond or letter of credit shall be that, if the principal fails to obey
any of the requirements or do any of the acts required by this ordinance, an order or
notice issued by the Department, or conditions of the license in the operation of the site
or facility; or if for any reason ceases to operate or abandons the site or faeility, and the
County detennines that chemical analysis and/or testing and remediation are required to
restore the site or facility to the condition and requirements as provided by the ordinance,
notice, order, or license, the principal and the sureties on its bond shall pay for any and all
expenses required for chemical testing and to remedy the failure of the principal to
comply with the tenns of the ordinance, orders or notices of the Department, or
conditions of the license; and that the prineipal arid its sureties will indemnify and save
the County hannless from all losses, costs and charges that may occur to the County
because of any default of the principal under the tenns of his or her license to operate and
the ordinance of the County. In the event the County is required to expend monies or
expend any labor or material to restore the site or facility to the condition or requirements
as provided by this ordinanee, order or notice by the Department, or license, the principal
and the sureties shall reimburse the County for any and all expenses incurred to remedy
the failure of the principal to comply with the tenns of this ordinance, orders or notices of
the Department or conditions of the license. The applicant may satisfy the requirements
of this section by demonstrating that they pass a financial test as specified in Minn. Rule
7035.2750, the tenns of which will be set on a case by case basis by the Department. For
facilities pennitted by the Agency or having interim status, or otherwise required by the
Agency to establish financial assurance for closure or eorrective action, the lieense
applicant in lieu of the above shall submit to the Department for review satisfactory
evidence of compliance with the Agency's financial assurance requirements
As specified in Minn. Rules 7035.2695.
3.11 Insurance. Unless otherwise provided by the County Board and/or the
Department, issuance of a license or pennit to a faeility shall be contingent upon
the applicant furnishing to the County a certificate of insurance showing that the
applicant maintains the following minimum coverages:
14
5.01 General Requirements. The general requirements and standards for a solid
waste land application site shall be in accordanee with Minn. Rules 7035.2525
through 7035.2655 (Facility General Technical Requirements) and Minn. Rules
7037.0100 through 7037.3700 (petroleum Contaminated Soil Management),
which are hereby adopted by reference as part of this ordinance.
5.00 LAND APPLICATION SITES
5.02 Operating Requirements. Operations on a land application Site shall be in
accordance with Departmental instructions. Applkants shall submit operating
plans to the Department for approval. .
6.00 LAND DISPOSAL FACILITIES
6.01 General Requirements. The general requirements and standards for solid waste
land disposal facilities shall be in accordance with Minn. Rules 7035.2525
through 7035.2655 (Facility General Technical Requirements)
6.02 Design and Construction Requirements. Land disposal facilities shall be
designed and constructed in accordance with Minn. Rules 7035.2815 (Municipal
Land Disposal Facilities), 7035.2825 (Demolition Debris Land Disposal
Facilities), and 7035.1590 through 7035.2500 (Industrial Solid Waste Land
Disposal Facility Abandomnent). Pursuant to Minn. Rules 7035.2825 subp. 10, a
hydrogeologic survey is required, unless a risk assessment detennines that a
hydrogeologic survey is not needed.
6.03 Operating Requirements. Land disposal facilities shall be operated in
accordance with Minn. Rules 7035.2815 (Munieipal Solid Waste Land Disposal
Facilities), 7035.2825 (Demolition Debris Land Disposal Facilities), and
7035.1590 through 7035.2500 (Industrial Solid Waste Land Disposal Facility
Requirements). In addition, the following operating requirements apply:
A. Putrescible material, which has reached a foul state of decay or
decomposition, shall be immediately covered and compacted.
B. Industrial solid waste shall be disposed of in accordance with the current
"MPCA Industrial Waste Management Plan". Written pennission must be
obtained from the Department prior to co-disposal and segregated disposal
of applicable waste.
C. Salvaging shall be allowed only when approved in writing by the
Department.
D. Animal feeding within the site is prohibited.
E. Paper, plastic, cardboard, cans, bottles, tires, appliances, vehicles, or other
materials not specifically defined as construction or demolition debris in
subsection 1.03, items H and K, shall not be deposited in a demolition
landfill.
16
6.04 Exemptions. A qualified cleanfilllandfill shall be considered exempt from
Section 6.00 of this ordinance if all of the following criteria are met:
A. It is a qualified clean fill landfill as defined by subsection 1.03 item PP.
B. Application for a "qualified clean fill landfill" j¡hall be reviewed and
approved by the Department before initiation of fill activities..
C. Operations of the "qualified clean fill landfill" are in accordance with
Departmental instructions. Applicants wiIf receive operating instructions
upon approval of the initial application
D. Qualified clean fill landfills exempted under subsection 6.04 item A shall
comply with the following provisions unless specifically waived by the
Department;
1. The site shall be managed to eliminate any potential hazards to the
environment and surrounding populations.
2. Only clean fill or qualified clean fill as defined in subsection 1.03
items C and 00 shall be deposited on the site.
3. Two (2) feet of final cover shall be applied to the site within one-
month tennination of the fill.
4. The site shall have a slope of2 to 25 percent to promote surface water
drainage.
5. Vegetation shall be established on site upon application of final cover
material. If the site is tenninated during the winter months, vegetation
shall be established immediately the subsequent spring after
tennination of filling.
6. All qualified clean fill landfills shall comply with all applieable State,
County and local rules and regulation.
7. The qualified clean fill landfill shall not be open for general public
use.
7.00 PROCESSING FACILITIES
7.01 General Requirements. The general requirements and standards for processing
facilities shall be in accordance with Minn. Rules 7035.2525 through 7035.2655.
7.02 Design and Construction Requirements. Processing facilities shall be designed
and constructed in accordance with Minn. Rules 7035.2855 (Solid Waste Storage
Standards), and 7035.2875 (Refuse-Derived Fuel Facilities).
17
8.01 General Requirements. Solid waste storage shall be·in compliance with Minn.
Rule 7035.2855.
7.03 Operating Requirements. Processing facilities shall be operated in accordance
with Minn. Rules (Solid Waste Storage Standards), and 7035.2875 (Refuse-
Derived Fuel Facilities).
8.00 SOLID WASTE STORAGE
8.02 Design and Operational Requirements. Solid waSte storage shall be in
accordance with Minn. Rule 7035.2855 Subp. 3. .
9.00 TRANSFER FACILITIES
9.01 General Requirements. The general requirements and standards for Transfer
facilities shall be in accordance with Minn. Rules 7035.2525 through 7035.2655.
9.02 Design and Construction Requirements. Transfer facilities shall be designed
and constructed in accordance with Minn. Rule 7035.2865 (Solid Waste Transfer
Facilities).
9.03 Operating Requirements. Transfer facilities shall be operated in accordance
with Minn. Rule 7035.2865 Subp. 4 (Solid Waste Transfer Facilities). In
addition, the following operating requirements apply:
A. Unloading and loading of solid waste shall be done inside an enclosed
structure. Facilities currently operating outside of an enclosed structure
shall provide the Department with plans, within 120 days of adoption of
this ordinance by the County Board, to enclose the structure within two
years
B. All solid waste from vehicles shall be unloaded completely within the
structure. Ifthere is insufficient capacity within the facility to completely
unload a vehicle, the vehicle shall not be unloaded until there is adequate
space for proper unloading procedures within the structUre.
C. Solid waste transfer facilities shall be equipped with a scale and all solid
waste transactions shall be weighed, recorded and submitted to the
Department.
10.00 WASTE TIRE FACILITIES
10.01 Design and Construction Requirements. Waste tire facilities shaH be designed
and constructed in accordance with Minn. Rules 9220.0100 through 9220.0935.
10.02 Operating Requirements. Waste tire facilities shaH be operated in accordance
with Minn. Rules 9220.0100 through 9220.0935. In addition, the following
operating requirements apply:
18
A. Persons who produce or otherwise accumulate waste tires in the course of
their business shall keep records concerning their waste tire management.
Such records shall include, but not necessarily be limited to:
1. the volume of waste tires generated;
2. identification of transporters, disposers, and processors utilized by
said person or their agents.
3. dates and quantities of waste tire shipments, disposal or
processing. .
B. Documentation verifying the proper management of such waste tires and
such other infonnation or data requested by the Department shall be
maintained to ensure the proper management of waste tires.
11.00 WOOD WASTE FACILITIES
11.01 General Requirements. The general requirements and standards for a wood
waste facility shall be in accordance with Minn. Rules 7035.2525 through
7035.2655.
11.02 Operating Requirements. Wood waste facilities shall be operated in accordance
with the following operating requirements:
A. A sign shall be posted at the entranee of the facility, stating the hours of
operation and acceptable materials.
B. The facility shall have sufficient security to control access to the site.
C. Unacceptable materials left at the facility shall be removed and properly
disposed of within a reasonable time period of discovery.
D. The lieensee shall maintain the site so that it is free ofIitter.
E. Prior to beginning operations the licensee shall submit a Fire Protection
Plan that has been approved by the local Fire Marshall of the Fire
Protection Agency responsible for the solid waste facility. The plan shall
detail procedures for fire protection, including fire suppression equipment,
prescribed fire lanes and fire breaks, the number of facility employees
available to respond to a fire, training of employees and other infonnation
required by the local Fire Marshall.
12.00 ADMINISTRATION AND ENFORCEMENT
12.01 Duties of the Department. The Department shall be responsible for the
administration and enforcement of this ordinance. The Department's duties shall
include, but not be limited to, the following:
19
A. Receive and review facility license, pennit or license renewal applications,
recommend action on initial facility license applications for facility
licenses issued by the County Board, issue facility license renewals, issue
facility permits.
B. Inspect solid waste facilities as provided in this ordinance and investigate
complaints of violations of this ordinance.
C. Recommend that legal proceedings be initiated by the County to compel
compliance with the provisions of this ord~ance.
D. Advise, consult, and cooperate with other governmental agencies in the
furtherance of this ordinance.
E. Evaluate proposals, collect data, and make recommendations on
processing methods which impact waste streams and licensing of waste
facilities
12.02 Right of Entry. Whenever necessary to perfonn an inspection to enforee any of
the provisions of this ordinance, or whenever the Department has reasonable
cause to believe that solid waste exists in any building or upon any premises, the
Department or its authorized agent may enter such building or premises at all
reasonable times to inspect the same or to perfonn any duty imposed upon the
Department by this ordinance, provided that if such building or premises be
occupied, the authorized agent shall first present proper credentials and demand
entry; and if such building or premises be unoceupied, the Department shall first
make a reasonable effort to locate the owner or other persons having charge or
control of the building or premises and demand entry. If such entry is refused, the
Department shall have recourse to every remedy provided by law to secure entry
including, but not limited to, administrative search warrants.
12.03 Orders and Notices. Whenever the Department or its authorized representatives
shall find in any building or on any premises solid waste whether at a site or
facility for which a license or pennit has been granted by the County or where no
such license or pennit has been issued, the Department shall issue such orders as
may be necessary for the enforcement ofthis ordinance governing and
safeguarding the health, welfare and safety ofthe public.
12.04 Compliance. Any person within the County who shall store, deposit, keep,
accumulate, process, treat, reclaim, dispose of, or otherwise handle, process, or
dispose of solid waste in violation of this ordinance, or who shall pennit such
solid waste to exist on premise(s) under his or her control or who shall fail to take
immediate action to abate the existence of the solid waste when ordered or
notified to do so by the Department shall be guilty of a misdemeanor. Any order
or notice issued or served by the Department shall be complied with by the owner,
operator, occupant, or other person responsible for the condition or violation to
which the order or notice pertains. Every order or notice shall set forth a time
limit for compliance depending upon the nature of the solid waste and the danger
created by the violation. In cases of immediate danger to the health, welfare and
20
safety of the public, immediate compliance shall be required. Such compliance
shall be by both owner(s) and occupant(s).
12.05 Inspection. Inspection and evaluation of solid waste facilities, or other sites
where the Department has reason to believe solid wastes have been present shall
be made by the Department to ensure compliance with the provisions of this
ordinance. :The owner, operator, or occupant shall be provided with written notice
of any deficiencies, recommendations for their correction and the date by which
the corrections shall be accomplished. The. owner, operator, or occupant shall
allow the Department or its authorized agent access for the purposes of making
such inspections as may be necessary to determine' compliance with the
requirements of this ordinance. The owner, operator, or occupant shall provide
requested samples of waste, free of charge, to the Department to allow for
appropriate tests. The owner, operator, or occupant also shall allow the
Department, free of charge, to take samples and do tests, as appropriate, of soils,
surface waters, ground waters, air, raw materials, products, or other material or
residual present at, or emanating from the site, if such samples and tests will
demonstrate whether the owner, operator, or occupant is in compliance with this
ordinance. Because it is not always manifest to the eye or other senses that solid
waste or constituents of solid waste are present, the Department shall not be
required to have overt or obvious reason to believe a violation has occurred or that
solid waste or constituents indicating mismanagement of solid waste are present
to take samples of wastes and other materials, as described, and do tests and
monitoring as required via appropriate methods and instrumentation. The
Department need only have reasonable belief that solid waste has been present at
the site to take samples and do tests. The owner, operator, or occupant shall allow
free access at reasonable times to inspect and copy, at a reasonable cost all
business records related to an owner's, operator's, or oecupant's processing and
disposal of solid waste. The owner, operator, or occupant shall allow the
Department to record and document its findings in any reasonable and appropriate
manner including, but not limited to, notes, photographs, photocopies, readouts
from analytical instruments, videotapes, audio recordings, and computer storage
systems or other electronic media. When requested by the Department,
photocopies of records shall be provided at a reasonable cost.
12.06 Financial Assurance. Whenever the Department has reasonable cause to believe
that solid waste has been mismanaged by a person upon any premises, the
Department may require that person to demonstrate to the satisfaction of
Hennepin County the availability of adequate financial resources for cleanup as
described in Minn. Rules 7035.2695. When a facility site becomes tax
delinquent the Department may order its owner, operator, or occupant to provide
financial assurance in the fonn of a bond or letter of credit naming the County as
obligee with sufficient sureties duly licensed and authorized to transact corporate
surety business in the State of Minnesota as sureties. The amount of the bond or
letter of credit shall be set by the Department according to the following fonnula:
1. Estimated cost, for a third party contractor, unrelated to the owner or
operator or to Hennepin County, to dispose of the solid wastes on-site
and to decontaminate the site, and to perfonn any other activities
21
necessary to ensure that the site does not pose a threat to human health
or the enviromnent;
2. And an additional thirty (30) percent to cover unanticipated costs and
administrative costs that the County might incur.
12.07 Revocation of License. Any license issued by the Department or the County
Board pursuant to this ordinance may be revoked by the issuer for a serious,
deliberate, or repeated violation of any provision of this ordinance that threatens
the public health and safety and/or the enviromnent. Revocation shall not occur
earlier than ten (10) calendar days, exclusive of the day of service, after written
notice ofrevocation has been served on the licensee. Such written notice shall
contain the effective date of revocation, the nature of the violation or violations
constituting the basis for the revocation, and the facts which support the
conclusion that a violation or violations have occurred, and a statement that if the
licensee desires a hearing they may, within ten (10) calendar days, exclusive of
the day of service, file a written request with the Department. Failure within 10
days of notice to request a hearing shall allow revocation. If a hearing is
requested, the revocation shall be stayed pending the outcome of the hearing and
issuance of the Department order identifying the outcome of the hearing.
12.08 Suspension of License. Any license required under this ordinance may be
suspended for not longer than sixty (60) days by the issuer for violation of any
provision of this ordinance. Suspension shall not occur earlier than ten (10)
calendar days, exclusive of the day of service, after written notice of suspension
has been served on the licensee. Such written notice shall contain the effective
date of suspension, the nature of the violation or violations constituting the basis
for the suspension, the facts which support the conclusion that a violation or
violations have occurred and a statement that, if the licensee desires a hearing
they may, within ten (10) calendar days, exclusive ofthe day of service, file a
written request with the Department. Failure within ten days of the notice to
request a hearing, shall allow revocation. If a hearing is requested, the
suspension shall be stayed pending outcome of the hearing and issuance of the
Department order identifying the outcome ofthe hearing.
12.09 Summary Suspension of License.
A. If the Department finds an immediate threat to the public health, safety or
welfare requires emergency action and incorporates a finding to that effect
in its order, a summary suspension of a license may be ordered by the
Department upon notification of the County Attorney's Office and the
County Board. Written notices of sueh summary suspensions shall be
served personally on the licensee or by registered or certified mail to the
licensee at the address designated in the license application.
B. The written notice in such cases shall state the date of the suspension, the
nature of the violation or violations requiring emergency action, and facts
supporting said eonclusion statement that, if the licensee desires a hearing
they may file a written request with the Department within 10 days.
22
Failure to request a hearing shall constitute a suspension of the license. If a
hearing is requested, a hearing will be held as soon as possible and
following the hearing a Department order identifying the outcome of the
hearing shall be issued. The Department review shall be conducted
pursuant to Section 12.1 0 of this ordinance.
C. Upon written notification from the licensee that all the violations for
which the summary suspension was invoked have been corrected, the
Department shall re-inspect the site, facility, or activity within a
reasonable length of time, but in no case more than three (3) working days
after receipt of the notice from the licenseé. If the Department finds on
such re-inspection that the violation or violations constituting the grounds
for suspension have been corrected, the Department shall immediately
tenninate the suspension by written notice to the licensee and the County
Board.
D. If a hearing is requested, the summary suspension shall not be stayed
pending the outcome of the hearing.
12.10 Hearings. Whenever a hearing is requested in regard to an application, renewal,
suspension or revocation of a license, the procedure shall be governed by the
following:
A. Hearing Officer. The hearing shall be before an impartial hearing officer
who shall conduct the hearing on behalf of the County Board. The
Department shall ascertain the availability and timeliness of scheduling
the hearing through the Office of Administrative Hearings and schedule
the hearings. If it is detennined that a prompt hearing is not readily
available through the Office of Administrative Hearings, the Department
shall appoint an individual to act as the hearing officer, prescribe the
duties of the hearing officer and schedule the hearing.
B. Pre-hearing and Hearing Notice. The Department shall schedule and
provide notice of the date, time and place of the pre-hearing conference
and hearing. The pre-hearing conference shall be held at least three (3)
weeks prior to the hearing. The hearing shall be held no later than forty-
five (45) calendar days after receipt of the request for hearing or by mutual
agreement of the parties subject to scheduling by the Office of
Administrative Hearings, or the hearing officer.
C. Procedure. The pre-hearing conference and hearing shall be conducted in
the following manner:
1. The pre-hearing conference shall define the issues, schedule the
exchange of witness lists and documentary evidence, seek
agreement on the authenticity of documents and relevant
testimonial evidence, detennine whether intended evidence is
23
cumulative and repetitive, and consider all other matters that will
assist in a fair and expeditious hearing.
2. Each party shall exchange all other relevant infonnation and
documentary evidence discovered after the pre-hearing conference
at least one (1) week prior to the hearing date. Such infonnation
shall include all evidence intended for introduction at the hearing
and includes but is not limited to the following: exhibits;
statements; reports; witness lists including a description of the
facts and opinions to which each is expected to testify;
photographs; slides; demonstrative ·evidence. Evidence not
exchanged in accordance with this provision will not be considered
in the hearing unless good cause is shown to the hearing officer.
3. The hearing shall be public and be tape-recorded or at the
discretion ofthe hearing officer, be recorded by a court reporter.
4. All witnesses shall testify under oath or affinnation.
5. Hearings shall be infonnal and the strict rules of evidence as
applied in the courts shall not apply. Irrelevant, immaterial and
repetitious evidence shall be excluded.
6. The Department shall have the burden of proof through clear and
convincing evidence.
7. The Department, licensee or applicant, and additional parties as
detennined by the hearing officer shall present evidence in that
order. Each party shall have the opportunity to cross-examine the
witnesses of the other party. The hearing officer may examine
witnesses.
8. Failure of an applicant or licensee to appear at the hearing shall
result in a waiver of the right to a hearing.
9. The hearing officer shall issue a report containing written findings
of fact and conclusions based upon the evidence presented at the
hearing and shall submit the same to the County Board.
10. Each party adversely affected may submit written exceptions and
present argument to the County Board. The Department may sumit
exceptions and arguments to the rebuttal.
11. The County Board shall consider the report of the hearing officer
as soon as possible and may adopt or modify the report and take
action, reject the report of the hearing officer, or remand for further
hearing. The parties shall be notified of the action of the County
Board within thirty (30) calendar days following its detennination.
24
12. Appeal of a decision by the County Board shall be made to the
District Court within thirty (30) calendar days following the
decision of the Board. The scope of review of the District Court
shall be governed by Minn. Statute §14.69. Filing an appeal does
not stay enforcement of the County Board decision.
13.00 TERMINATION OF OPERATION
Any person, who for any reason, plans or tenninates operations at a site, must
remove all solid waste and materials contaminated with solid waste prior to final
termination of operations. Tennination of operations may include the sale of an
operation to a new entity, the simple shutdown of a business or site, which is then
not operated, or the relinquishing of lease or rental rights to a property. This
removal from the site must be accomplished in full compliance with this
ordinance. Materials remaining on the site of a tenninated operation shall be'
considered waste materials. The continued storage of solid wastes on the site of a
tenninating operation shall be done in compliance with section 8.00 solid waste
storage facility rules in this ordinance.
14.00 VIOLATIONS AND PENALTIES
14.01 Misdemeanor. Any person who willfully or negligently fails to comply with the
provisions of this ordinance is guilty of a misdemeanor. A separate offense shall
be deemed committed upon each day during or on which a violation occurs or
continues.
14.02 Aiding and Abetting. As set forth in Minn. Statue § 609.05, a person is
criminally liable for a crime committed by another if the person intentionally aids,
advises, hires, counsels, or conspires with or otherwise procures the other to
commit the crime. A person liable for such crime is also liable for any other
crime committed in pursuance of the intended crime if reasonably foreseeable by
the person as a probable consequence of committing or attempting to commit the
crime intended. A person who intentionally aids, advises, hires, counsels, or
conspires with or otherwise procures another to commit a crime and thereafter
abandons that purpose and makes a reasonable effort to prevent the eommission
of the crime prior to its commission is not liable if the crime is thereafter
committed.
A person liable under this section may be charged with and convicted of the crime
although the person who direetly committed it has not been convicted, or has been
convicted of some other degree of the crime or of some other crime based on the
same act, or if the person is a juvenile who has not been found delinquent for the
act. For purposes of this section, a crime also includes an act committed by a
juvenile that would be a crime if committed by an adult.
14.03 Injunctive Relief. In the event of a violation or condition constituting an eminent
or substantial endangennent to the environment, the County may institute
appropriate actions or proceedings, including requesting injunctive relief to
prevent, restrain, correct or abate such violations or threatened violations.
25
14.04 Civil Action or Cost as Special Tax. If a person fails to comply with the
provisions of this ordinance, the County may recover costs incurred for corrective
action in a civil action in any court of competent jurisdiction or, at the discretion
of the County Board, the costs may be certified to the County Auditor as a special.
tax assessment against real property pursuant to Minn. Stat. § 473.811 subd. 5c.
14.05 Citation Authority. Citations may be issued by the Department pursuant to
Section V. of the Ordinance Number 1 County Licenses, Procedures-Criminal
Penalty.
14.06 Penalty Provisions.
A. Existing Solid Waste Facility License Renewal. Facilities not submitting
applications for license renewal by August 31, and continuing to operate
may receive a citation for failure to submit application for license renewal.
B. Embargo. The Department may embargo and forbid the removal,
transport, disposal, treatment or use of any material which is or is
suspected to be a solid waste and which is being mismanaged or which the
Department has reason to suspect is being or will be managed in violation
of this ordinance. The Department shall place a tag to indicate the
embargo on the suspect material. No person shall remove the tag or
remove, transport, dispose, treat, or use such embargoed material except as
authorized by the Department. Such action by the Department shall not be
considered to impute ownership of the material or management
responsibility upon the County.
15.00 MODIFICATION OF REQUIREMENTS
15.01 Waivers or Modifications. The County Board may waive or modify the strict
application of the provisions of this ordinance by reducing or waiving certain
requirements when such requirements are shown to be clearly unnecessary or
impractical. The County Board may establish additional requirements necessary
to reduce risk of harm to persons, property, or the environment based on the
individual characteristics of the license application site.
15.02 Agency Approval. No modification or waiver may be granted if it would result in
noncompliance with Minn. Rules 7035, 7037, and 9220 unless such modification
or waiver has been approved or granted by the Agency.
15.03 ClosurelPost-Closure. For facilities pennitted by the agency, amendments to the
facility closure/post-closure plans and the extensions to the closure/post-closure
period shall be granted by the Department only where said amendments or
extensions have been approved by the agency.
26
16.00 EFFECTIVE DATE
This ordinance shall be effective immediately upon passage by the County Board.
This ordinance shall not be construed to hold the Department or the County of Hennepin
or any officer or employee thereof responsible for any damage to persons or property by
reason of the inspection or re-inspection authorized herein provided; or by reason of the
approval or disapproval of equipment or licensing herein; nor for any action in
connection with the inspection or control of solid waste or related business records or in
connection with any other official duties. .
17.00 SEVERABILITY
The provisions of this ordinance shall be severable in accordance with the following:
A. Validity of Provisions. If any court of competent jurisdiction shall
adjudge any provision ofthis ordinance to be invalid, such judgment shall
not affect the validity of any of the other provisions of this ordinance not
specifically included in said judgment.
B. Application to Site or Facility. If any court of competent jurisdiction shall
adjudge invalid the application of any provision of this ordinance to a
partieular structure, site, facility or operation, such judgment shall not
affeet the application of said provision to any other structure, site, facility
or operation not specifically included in said judgment or action.
(The remainder of this page was intentionally left blank)
27
18.00 PROVISIONS ARE CUMULATIVE
The provisions of this ordinance are cumulative to all other laws, ordinances and
regulations heretofore passed, or which may be passed hereafter, covering any subject
matter in this ordinance.
Passed by the Board of County Commissioners of Hennepin County this
,2000.
day of
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Chair of the County
Board
Attest:
Deputy/Clerk of the County
Board
APPROVED:
Assistant County Attorney
28
.--.----.------..-------,----------------------------
STATE oflV111'JNESOTA
WHEKEAS:
Manufacturing has die 5txf1ud largest tot~""\) payroll of ~'ny busine!o;s sectei' in
Minnesota, providing $18 bm¡on in 1998 wagc5: and
W~!fRE.\S:
Mar.ufacturing produces $28.3 hilliûI~ for the 5'a~e t:conô1my anà IS the second
largest share - 18.9% - of our gross product~ and
\VHERFAS:
Mar.ufactuting exports hrou:;bt 11early $').2 bilh:~n !wC' tb~ M~l\aeSûta ~c('lnoI1\Y
in 1999; aIlrl
WHE!tEAS:
Manufacturing provides high skill, high I¥age jobs whkh o;igniftcantly
.;C'ntribute to Minnesota's ~ligh standard ofliving and ..:conon:lC vitality; and
WHEREAS:
Manutàcturing conl:ibuteJ nearly $232 mHliO!l in cOl1:oO!"at~ in·:ome ta.'\.es in
Minnesota, loote than any oL'1er business sec.t.1r, and abollt
30% of total corpor;:¡lc i'lcame t3X~:;' in 1999.
Now THEREFORE, I, JESSE VENTURA, OQv€.nlor oêMinnE'sma, ò('lh~reb~' prodaim th~ weá of
U:t,.ber 16·'21.2000 sbon be observed as:
i"finnesota lWonufacturer's Week
in the State of Minnesota.
IN <·:.V11NESS 'WI-iEREOr, 1 ;-,,;,\ve hcrewlto set my
hand and ';ausect the Great Seal of the State of
Minnesota to be affixed a1. the State Capitol this 14th
day or S~ptember in 1he ) ear two thous:1nd, and of the
State the ~i1e hundred. forty serond.
~-
GOVERN~~
1t!~I~~
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scan
Elliott B. Knetsch
Joel J. Jamnik
(651) 452-5000
Fax (651) 452-5550
September 20, 2000
Andrea McDowell Poehler
Matthew K. Brokl'
John F. Kelly
Matthew J .Foli
Marguerite M. McCarron
Gina M. Brandt
-ALI()Iil:coscdin lX'i,c<msin
Mr. Steve Torrell
City of Chanhassen
690 City Center Drive
P. O.Box 147
Chanhassen, MN 55317
Re: State of Minnesota (City of Chanhassen)
v. Jerry Mark Franklin
Court File No. T2-00-3643
Dear Mr. Torrell:
Enclosed please find a copy of the Addendum To Sentencing Order
regarding the above-referenced matter. This Order was signed by Judge
Goggins and filed with Carver County District Court on September 15, 2000.
If you have any questions, please contact our office. Thank you.
Very truly yours,
CAMPBELL KNUTSON
Profes.çional Association
B n/J(- &i/_(2hC-)
y';--t" e"j rr '1
Valerie M. Ke ëCr
Legal Assistant
Enclosure
PF:~E¡VE!J
SEP 22 2000
CHft¡1',~M',."i 1,'< " ".l." "'."C'''',
.Utl··..."...1i Ul";'!..~ 11tH'':;:! f
Suite 317 · Eagandàle Office Center . 1380 Corporate Center Curve . Eagan, MN 55121
=>t ",....
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STATE OF NlINNESOTA
DISTRICT COURT
"'~p 1 ~ ~'10Q
..... '"'.... ~. ...
v_'
COUNTY OF CARVER
, .,:rt"~
FIRST JUDICIAL DISTRICT
O~':;:¡ '.
CRIMINAL DIVISION
-----------------------------
COURT FILE NO: T2-00-36-B
State of Minnesota,
(City ofChanhassen),
Plaintiff,
ADDENDUM TO
SENTENCING ORDER
vs.
Jerry Mark Franklin,
Defendant.
'}'I 0.Q
'. I.. ¡J.J\'..'
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The above-entitled matter came on for a Pre-trial before the undersigned on the II th
day of September, 2000. Marguerite M. McCarron appeared for Plaintiff. Richard Haefele
appeared for the defendant and the defendant appeared personally. Defendant's plea of
guilty to Count I - Illegal Outside Storage, the Court accepted the guilty plea, and makes the
foHowing:
ORDER
There is a Stay ofImposition of Sentence for a period of one (1) year on the
following conditions:
I. All outdoor storage in violation of city ordinances on the subject property shall be
cleaned up by November I, 2000.
2. Any storage sheds or other structures on the subject property shall be located out
of the flood plain.
3. Defendant will have a survey ofthe subject property showing the flood plain.
The survey will be completed by November 1,2000.
· .
4. If all of the subject property is in the flood plain, Defendant shall apply for a
Conditional Use Permit (CUP) by October 20, 2000 for any structure on the property
requiring a permit.
5. If Defendant does not abide by conditions I through 4 stated above, the City of
Chanhassen may enter the subject property and take all actions reasonably necessary
to clean up the subject property, including rernovíng and disposing of all personal
property and debris fÌ'om subject property. The City of Chanhassen shall keep a full
and accurate accounting of all costs associated with such clean up. The City Clerk of
Chanhassen is authorized to impose all said reasonable costs as a special assessment
against the subject property, to be collected with other taxes against the subject
property.
6. Defendant shall have no same or similar violations.
..
7. The prosecutor dismisses Counts II through VII.
Dated: September 11,2000.
By:
/
';"".-'
."
ZONING
§ 20-351
......_-_.~
·_____..u..___
Sees. 20-334-20-345. Reserved.
DIVISION 2. GENERAL FLOOD PLAIN DISTRICT
Sec. 20-346. Scope.
This division applies to the General Flood Plain District.
Sec. 2()"347. Territorial applicability.
The General Flood Plain District inc1udes the entire flood plain and does not differentiate
between those areas which are floodway and those areas which are flood fringe. Because of
this, the city shaH determine whether the proposed use is in the floodway or flood fringe using
procedures established in division 3 of this article and therefore whether it is aHowed or
prohibited.
(Ord. No. 80, Art. V, § 22(5-22·2), 12-15-86)
Sec. 2()"348. Permitted uses.
Permitted uses shaH include those uses as permitted by section 20-366.
(Ord. No. 80, Art. V, § 22(5·22-1), 12-15-86)
Sec. 2()"349. Public utilities.
AH public utilities and faciJities such as gas, electrical, sewer, and water supply systems
to be Iocated in a flood plain shaH be flood-proofed in accordance with the state building code
or elevated above the regulatory flood protection elevation.
(Ord. No. 80, Art. V, § 22(5-22-3(1)), 12-15-86)
Sec. 20-350. Public transportation facilities.
Railroad tracks, roads and bridges to be Iocated within the Floodway District shall
comply with section 20-349. Elevation to the reguJatory flood protection elevation shall be
provided where faiJure or interruption of these transportation facilities would result in danger
to the public safety or where such facilities are essential to the orderly functioning of the area.
Minor or auxiliary roads or railroads may be constructed at a Iower elevation where faiJure or
interruption of transportation services would not endanger the public safety.
(Ord. No. 80, Art. V, § 22(5·23-3(2)), 12-15-86)
j Sec. 20-351. Conditional use permits.
(a) A conditional use permit issued by the city co,?-nciJ in conformity with the provisions
of this chapter shaH be secured prior to the erection, addition or alt~ration of any buiJding,
structure or land; prior to the change of a nonconforming use; and prior to the placement offiH
or excavation or materials within the flood plain.
(b) Application for a use permit shaH be made on forms furnished by the city and shaH
include the foHowing where applicable: plans in dupJicate drawn to scale, showing the nature,
1183
---"-...-...
--.---.
.'
§ 20-351
CHANHASSEN CITY CODE
location, dimensions and elevations of the lot; existing or proposed structures, fiU, or storage of
materials; and the location of the foregoing in relation to the stream channel.
(Ord. No. 80. Art. V, § 22(5-22-4(1), (2)), 12.15-86)
State law reference-Conditional uses, M.S. § 462.3595.
Sec. 20·352. Certificate of zoning compliance.
It shall be unlawful to use, occupy or permit the use or OCcupancy of any building until a
certificate of zoning compliance shall have been issued by the city stating that the use of the
building or land conforms to the requirements of this chapter.
(Ord. No. 80, Art. V, § 22(5-22-4(3)), 12-15-86)
Sec. 20-353. Construction and use to be as provided in applications, plans, permits,
and certificate of zoning compliance.
Conditional use permits or certificate of zoning compliance issued on the basis of ap-
proved plans and applications shall authorize only the use, arrangement and construction set
forth in such approved plans and applications and no other use, arrangement or construction
shaU be permitted. Any use, arrangement or construction at variance with that authorized
shall be deemed violation of this article. The applicant shaU submit certification by a regis-
tered land surveyor that the finished fiU and building elevations were completed in compli-
ance with the provisions of this chapter. Flood proofing measures shaU be certified by a
registered professional engineer or registered architect.
(Ord. No. 80, Art. V, § 22(5-22-4(4)),)2-15-86)
Sees. 20-354-20-365. Reserved.
DIVISION 3. FLOODW A Y DISTRICT (FW)
Sec. 20-366. Permitted uses.
The foUowing uses have a low flood damage potential and do not obstruct flood flows.
These uses shall be permitted within the Floodway District to the extent that they are not
prohibited by any other ordinance or watershed district regulations and provided they do not
require structures, fiU, or storage of materials or equipment. In addition, no use within a
floodway district shall be permitted to adversely affect the capacity of the channels or flood.
ways or any tributary to the mainstream or of any drainage ditch, or any other drainage
facility or system:
(1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2) Industrial-commercial uses such as loading areas, parking areas and airport landing
strips.
1184
ep 21 2BBB 15:3&:29 Via Fax
AMM FAX
¡NEWS
Sept. 18-22. 2000
-)
&12 937 5739 Scott Botcher
Page BB1 Of BB1
cc', .\
COJll C '
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Ii
,
Association of
Metropolitan
Municipalities
Meeting Reminders
LMC/AMM METRO
REGIONAL MEETING
Time is running short to register
forthe LMC/AMM Metro Re-
gional Meeting, which will be held on
Thursday. Sept. 28 from 3-8:30
p.m., at the Sheraton Four Points
Hotel in Minneapolis.
The cost to attend is $35. The
agenda includes a Metropolitan
Council panel discussion and web
services available from the LMC and
AMM.
If you would like to attend. please
contact Cathy Dovidio at 651-281-
1250 by noon on Monday, Sept. 25.
You can aisovisltthe LMC's website
(http://www.lmnc.org)andcomplete
a registration form on-line. or you
can fax your completed registration
formtothe LMC at (651-281-1296).
SLUC SMART GROWTH
PRESENTATION
The Sensible Land Use Coalition
(SLUe) is sponsoring a panel
discussion entitied. "Smart Growth:
A View from the Hobby Farm." on
Wednesday, Sept. 27 from 11 :30
a.m. t02 p.m., atthe DoubleTree
Airport Hotel.
Panelists include: Dean Barkley
(Minnesota Pianning), Tom
Saikowski (Wright County), and
Betsy Wergin (Sherburne County).
The cost to attend this program is
$30 for members and $40 for
nonmembers. To register. please
call Pat Arnst at 612-474-3302 by
Friday, Sept. 22.
House committee hearings
on Metropolitan Council set
Rep. Mary Liz Holberg (R-
Lakeville), chair ofthe Metropoli-
tan Subcommittee of the Local Gov-
ernment and Metropolitan Affairs
Committee, has announced a series of
hearings. The six hearings are sched-
uled as follows:
WAnnA~n~v ~Ant '7 7 n m
Vadnais Heights Fire House
(3595 Arcade Ave.)
Thu¡;q,rI<=Iv Or.' 1; 7 n m
Woodbury Council Chambers
(8301 Valley Creek Rd.)
ThlJrsd<=lv Oct l' 7-:~O n m
Anoka County Board Room
(2100 Third Ave. N.)
WAdnA~d::lv Oct 1 A 7 n m
Prior Lake Council Chambers
(16776 Fish Point Rd.)
Thllrsn::av Cr.t ?A 7 n m
Lakeville Council Chambers
(20195 Holyoke Ave.)
Wedm:~~d;:¡v Nov 1 7 n m
Plymouth Community Ctr. Ballroom
(14800 34th Ave.)
The agenda for the meetings inciudes
a presentation on current iaw regarding
the Met Council and an update on the
1999-2000 legislative proposais related
tothe Met Council.
The public will have the opportunity to
comment about the need for. effective-
ness of and possible modifications to
the Met Councii's structure and respon-
sibilities. If you would like to testify
please call Blair Tremere at 651-296-
5376.
BATC study identifies affordability issues
The Builders Association of the
Twin Cities (BATe) has released
its study, "Fees, Infrastructure. Costs
and Density." The study. which
examines development regulations and
fees In four metropolitan area growing
cities. finds that:
· Infrastructure and regulatory
costs decline as housing density
increases.
· Local zoning and subdivision
regulations prevent communities from
using land efficiently and providing
enough life-<;ycle housing through
2020.
· Regulations increase housing
costs.
In the study, BATC also issues a
call to action that i nci udes the follow-
Ing:
· The wide variations In fees
charged by cities suggest a need for an
accountability of actual costs cities
incur.
· As the state and the Metropolitan
Council plan and implement smart
growth strategies they must account for
local regulations.
· All housing must meet market
demands. Builders must continue to
work with policy makers to efficiently
meet the demands of the housing
market.
The study notes that the call to action
is based on voluntary actions by all
stakeholders. A copy of the study is
available on the BATC website (httpJI
www.batconllne.org). A summary ofthe
study is also inciuded in the Parade of
Homes Magazine.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
""""'".........
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EDWARD... OftlSC:OLl.
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PETER J. COVlE.
LARRYO.w.R11N
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..ICHlJ.8TEFFENHAGI:N
UlQW;LJ. SMITH
Septernber22,2000
Fox Properties Limited Partnership
c/o Mr. Jeff Fox
27990 Smithtown Road
Excelsior, Minnesota 55331
City ofChanhassen
c/o Thornas M. Scott, Esq.
Campbell Knutson
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Centex Homes
c/o Centex Real Estate Corporation
Corporation Service Company
33 South Sixth Street
Multifoods Tower
Minneapolis, Minnesota 55402
Re: Fox Properties Limited Partnership
v. City ofChanhassen
1500 WELLS FARGO PlAZA
7900 XERXES AVENUE SOUTH
BLOOMINGTON. MINNESOTA 55431-1194
TELEPHONE (952) 835-3800
FAX (952) 898-3333
Leland Frankman, Esq.
Northstar West Building
608 Second Avenue South
Suite 1000
Minneapolis, Minnesota 55402
ANOREWF. PERRIN
FREDERICK W. NIEBUHR
RENE! L.. .w:tœoN
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JOSEPH J. FlTTANTE. oM.
JONATlWtJ. FOOEL
CYNntIAM.KLNJI
MARKD.CHAlSTOPtfER8cN
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JOSEPH oms
AlSOADMTTEOINWlSCONSIN
Chair, Board of Commissioners
Carver County Courthouse and Justice Center
600 East Fourth Street
Chaska, Minnesota 55318
City Clerk
City ofChanhassen
690 City Center Drive
Chanhassen, Minnesota 55317
C·
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LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Fox Properties Limited Partnership
Leland Frankman, Esq.
Thomas M. Scott, Esq.
Centex Homes
Chair, Board of Commissioners
City Clerk
September 22, 2000
Page 2
Gentlemen:
Enclosed herewith and served upon each of you please find Petitioner Fox Properties Limited Partnership
Notice of Appeal of Commissioners' Award in the above matter.
smo~, IJ(f/ I
Mark D.tstoPher~r
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
Enclosure
;;ODMAIPCDOCSlLIB 1\618806\1
STATE OF MINNESOTA
COUNTY OF CARVER
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: OTHE~CIVIL
CONDEMNATION
Fox Properties Limited
Partnership, a Minnesota limited
partnership,
File No.
Petitioner,
v.
PETmONERFOX PROPERTIES
LIMITED PARTNERSHIP'S NOTICE
OF APPEAL OF COMMISSIONERS'
AWARD
City of Chanhassen, a Minnesota
municipal corporation,
Respondent
TO: Respondent City of Chanha~sen and its attorney of record, Thomas M. Scott. 317
Eagandale Office Center, 1380 Corporate Center Curve, Eagan, Minnesota, and
Petitioner Fox Properties Limited Partnership.
PLEASE TAKE NOTICE that Petitioner Fox Properties Limited Partnership ("Fox
Properties") hereby appeals to the district court in and for the County of Carver, State of
Minnesota, First Judicial District, from the award in the amount 0£$1,148,067.00 as the
difference between the before and after land values of Pox Properties' property. Said award was
filed with the Carver County Court Administrator on August 18, 2000, for and on account of the
condemnation, appropriation, and taking of a P?rtion of a parcel ofland by the City of
Chanhassen, said parcel described by tL"{ identification number 25.0230.300. Said parcel is
located in Carver County, State of Minnesota, and is legally described in Exhibit A to the City of
Chanha~sen's Amended Petition, court file No. C8-99-1713, which description is incorporated
herein by reference. A copy of the report of the commissioners is attached hereto as Exhibit A.
The nature of Fox Properties' claim and the grounds of this appeal are that said award of
damages herein appealed from is inadequate compensation for the value of the land taken; that
said award is contrary to the evidence presented at the hearing thereon and is contrary to law, and
that the damages for the taking of said property therein are at least $2,360,000.00.
Dated: q¡ d.1 J ao
C1I
Larry D M 20553)
Mark D hrist pherson (276182)
LARKIN, HO . , DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431-1194
(612) 835-3800
Attorneys for Petitioner Fox Properties Limited Partnership
::ODMAIPCDOCS\LIB 1\618477\1
2.
66/18/2888 13:59
6123353572
~ ._----
PAGE 05
AUG-18-200Q 11:23
MASLOt-J LAW F I Rl'1
612 672 839'/ P. 0J.--'08
STATE OF MI1'4'NESOTA
DISTRIct COURT
COUNTY OF CARVER
FmST JUDICL-'\L DISTRICT
Case Type; Condemnation
File No. lO-C8-99-001713
City of Chanhassen,
REPORT OF COMMISSIONERS
Petitioner,
vs.
Fox Prop¡:rties, a limited partner,
John Doe and Mary Doe and
County of Carver,
Respondents.
TO THE COURT:
The undersigned commissioners heretofore appointed by this court in the above entitled matter,
do hereby report as follows:
I.
-
That said Commissioners met at the time and plaoe appointed by the Court therefor and did each
take the oath prescnòcd by law.
n.
That after giving notice to all persons who had appeared in the above matter, the Commissioners
held a Hearing thereon on July 17 and July ZO, 2000, at the Chanhassen City Hall, in reference to
the parcel or parcels owned by Fox Properties.
m.
That Leland Frankman appeared on behalf of said owner.
IV.
-----....
That your Commissjon~ heard all persons interested who appeared and asked to be heard at the
said Hearing. £XH I BIT A
}8!~8!2808 13:53
6123353572
PAGE 06
AUG-18-2ØØØ 11:24
r'1ASLO~1 LAW F lP-.M
612 672 8397 P.U4/68
V.
That your çom.missioners appraised the value of the land and interests to be taken, and the
damages 3UltaÌned by said owner by reason of the taking thereo~ and have cetennined the total
amount of the damages to be awarded to said owner to be $1,148,067. In addition to the award
of damages. said ownln' is entitled to recover the amount of 5500.00 as reasonable appraisal fees.
VI.
That in determining damages. YolD' Commissioners found that as to the parcel or parçels referred
to above, the damage~ to the land resulting fiom the taking can be calculated based on the
difference between the before and after land Y1I1ues. Your commissioners determined damages as
follows:
Difference between before and after land values So. 1.148.067.00
Value of temporary easement. trees removed, etc. S
SeVCræ1ce Damages
$.
$
SOO.OJ)
Appraisal fees awarded
vn.
That we further report that in the performance of our duties, we have each incurred the fOllowing
fees and expenses:
William Glaeser,
5 days. @$200.oo per day
63 miles @ 29 cents p/m
Total amount
Roman Roos,
5 days. @ $200.00 per day
114 miles @29 cçnts p/m
Total amount
VirgiDia A. Bell
6 days, @ $200.00 per day
70 miJes @ 19 cents p/m
Total amount
Costs for service and filing
51,000.00
S 18.21
51.01U7
Sl,OOO.oo
S 33.06
$1,033.06
$1.200.00
$ 20.30
$1,220.30
5 120.00
Ð8~}8!2~~6 13:59
6123353572
PAGE 67
AU~-18-2Ø0Ø 11'24
MASUJN LAW FIRM
612 1>72 8397 P.Œ/ØS
vm.
The attached Memorandum is made a part oftbìs Report and incorporated by reference herein.
Dated r/ï~ ,2000 1f~~Þ-
illiam GlMser
S.8.# <f7.:t.- I ~- '2..7t:> g
Dated 8/[<.- ,2000 ~- ~>ð,)
I
Roman Roos
5.5.# 477-38-7714
Dated ~ /{, .2000 cj!f-B 11 Ch'
JIg1IIIa . e. aupernon
Tax Id. No.: 11-064-8239
95129
Sep 25 2HHH 15:35:41 Via Fax
AMM FAX
NEWS
AMM News Fox is [( Xed to all AMM city
MQnagers and administrators, Itgis[at¡vt.
conl(Jcls and Boord members. PJeil$t. share
thisftlX with)'oùr mayors, councilmemberS
and slflflto keep them tlbreost of impor-
tant metro city issues.
145 UniJ1ersity Avenue West
St. Paul, MN 55103-2044
Phone: (651) 215-4000
Fax: (651) 281-1299
E-m.fJ.il: amm@amnt145.org
Page HH1 (]f HH1
612 937 5739 Scott Botcher
Cc : &vv..c c 'l
-)
----
Sept. 25. 2000
Association of
Metropolitan
Municipalities
LMC/AMM Regional
Meeting is cancelled
Due to insufficient reservation numbers,
the LMC/AMM Metro Regional Meet-
ing that was scheduled for Thursday, Sept.
28, 2000 at the Four Points Hotel in Min-
neapolis has been cancelled.
If you have questions, you can call the
AMM at 651-215-4000. We regret any
inconvenience!
AMM Policy Meeting is set for Nov. 9
The AMM's Policy Adoption
Meeting is scheduled for
Thursday, Nov. 9, 2000 at the
League of Minnesota Cities
building (145 University Ave.
W.) in St. Paul.
This is your opportunity to
debate and approve the AMM's
policy platform for the 2001
Legislative Session, as well as
provide input on AMM's lobby-
ing priorities for 2001 and
network with your metro peers.
This year's meeting will again
feature a more compact format,
with a social beginning at 5 p.m.,
featuring light hors d'oeuvres,
followed by the business meeting
from 5:45-7 p.m. There is no
cost to attend the social and/or
business meeting.
All mayors, council members,
managers and administrators,
and staff are encouraged to
attend and participate in the
policy discussion.
A flyer with reservation infor-
mation will be mailed to you in
the next few weeks.
Mon
Mon
Mon
Mon
Mon
Tues
Tues
Tues
Tues
Weds
Weds
T:1UrS
Thurs
rri
Sat
Sun
Sun
Sun
CHANHASSEN FIRE DEPARTMENT
WEEK OF SEPTEMBER I I, - SEPTEMBER 17, 2000
Sept II 1:41.AM
Sept 1 I 10:24 AM
Sept 1 I 12:48 PM
Sept II 12:57 PM
Sept 1 I 8:24 PM
Sept 125:15 PM
Sept 12 7:33 PM
Sept 128:34 PM
Sept 12 9:46 PM
Sept 13 ¡ 1:20 AM
Sept 13 6:49 PM
Sept 148:33 AM
Sept ~4 8:13 PM
Sept: 5 7:25 AM
Sept :67:20 PM
Sept: 7 9:47 AM
Sept'7 1:25 PM
Sept . 7 6:28 PM
Hwy 169 & Hwy 212
Longacres Drive
Lakeview Road East
Lakeview Road East
Chan View
Church Road
Lotus Trail
Lakeview Road East
Hwy212
Park Road
Kirkwood Circle
Chaska Fire Dept
Bluebill Trail
West 78'h Street
Hwy 101 & Hwy212
Main Street
Co Rd 17& Lk Susan Hills Dr
HwylOI & Hwy 5
Car accident, cancelled enroute, no injuries
Medical- cancelled enroute
Medical- possible heart attack
: Medical- back pain
Medical- broken leg
Medical- unknown problem
Medical- unknown problem
Medical- back pain
Motorcycle vs. deer accident
Fire alann - false alann, no fire
Medical- unconscious person
Mutual Aid - air monitoring
Medical- possible heart attack
Car accident with injuries
Medical- trouble breathing
Medical- seizures
Motorcycle accident
Motorcycle accident
CITY OF
CHANHASSEN
City CWer Driw, PO Box 147
'an/wien, Minnesota 55317
Pbon, 612.937.1900
-:eneral FIlX 612.937.5739
(¡nmillg FIlX 612.937.9152
·/ie Safety Fnx 612.934.2524
'b Wwu¡â.chllllbllssen,mn.JlS
September 26, 2000
Mr. Andrew Spevacek
1781 Ringneek Drive
Excelsior, MN 55331
Dear Andrew:
Mayor Nancy Mancino forwarded your letter concerning recycling in parks to
my office. Thank you for your concern in this area. Traditionally, the city has
been fortunate to have a volunteer who sorted recycling from the daily refuse
collected at our parks. Unfortunately, this man has been unable to complete
his service for the past year or so.
In the absence of this individual, I will present your inquiry to our Park and
Recreation Commission for review. Their next meeting is October 24 at
7:30 p.m. in the City Council Chambers. I am confident that the commission
will share your concerns. You are welcome to attend this meeting or in your
absence, I will contact you with the commission's findings.
Again, thank you for writing.
Sincerely,
~~~
Todd Hoffman
Park and Recreation Director
TH:ns
c: "Mayor and City Council
Park and Recreation Commission
Scott Botcher, City Manager
Todd Gerhardt, Ass!. City Manager
Dale Gregory, Park Superintendent
Jerry Ruegemer, Recreation Superintendent
g:\park\th\spevacekrecycle
~
cc: CøVY1c.:·/
.~
September 25, 2000
~
, Dave Hérnpel , '
, Assisr:mt City Engineer
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
Re: File No. PW070E-5
Dear Dave,
This letter is to follow-up on the phone message I left ~or you on 9/15/00 regarding next steps to .
ensure safeiy at the Galpin Blvd./Coulter Blvd. intersection adjacent to Bluff Creek Elementary
. 'School. I must have ESP or something. but exactly one week after my phone message another ac9dent
occurred at the interseaion. It happened just after school was dismissed around 4:00 p.m. on Friday,
, 9/22/00. I am working on getting a copy of the accident report and will forward it to the city
engineering department ASAP.
Now that another accident has,occurred, I hàve tenewed' energy concerning this dangerous intersecrion
so close to Bluff Creek Elementary School. I live in the "walk zone" and see-fìrst hand what a problem
this interseaion presents to the safety of walkers, bikers, Cars, and buses.
I know you are leaving for your new job soon. Would it be possible to,ser-up a meeting with you, me,
and Theresa Burgess before you leave? I think it would be hdpfuJ to bring Theresa up to speed and '
, generate ideas on what our next steps should be. I will call to set-up a time.
Thank you.
7)~
Debra Kind
2351 Lukewood Drive
Chanhassen, MN 55317
952-401-9181
2 ?[,,,.r.
. L JL-l'
'._.., I , '.~',
. 'L~.. ,
,cc: Scott Botcher, Chanhassen CitÝ Manager V
Theresa Bl1rgcis" Chanhassen City Engineer
Cathy Gallagher, Bluff Creek Elementary Principal
Nancy M~cino, ChanhassenMayor
' . .
Comments For Highway 212
1. Williard Johnson
1660 W. 163'dSt.
Chanhassen, MN 55331
(952) 474-9053
Comment: I have lived in the city almost 50 years. ':¡¡e seen it grow from farms of
fields to all these homes. When will the people see we need the new 212, which
should have been done years ago? Populations will not get any smaller. My votes
to get 212 in and done.
2. M J. Klemplady
(No other information provided)
Comment: Let's get this moving in Chanhassen. It's long overdue.
3. Shirley Johnson
1660 W. 63'd St.
Chanhassen, MN 55331
(952) 474-9053
Comment: With all the new houses being built and no way to get out - we need
roads. Highway 212 is needed badly and it would help to get traffic to where people
need to get faster. Highway 212 has been in the plans for years -let's get it going.
The traffic is terrible. People knew 212 was planned. My vote is please get 212 in-
I'm for the road.
4. Steve Hockett
2860 Timberview Trail
Chaska, MN 55318
(952) 368-7337
Comment: Build it without delay! Don't be swayed by the "what will it mean to the
kids and their safety" approach. No one will die if it is built, but everyone's lives will
be improved. Build it NOW!!!
5. Richard Chadwick
9530 Foxford Rd.
Chanhassen. MN 55317
(952) 445-2425
Comment: Let's get on with it.
6. AI (unreadable)
5600 Great Plums Blvd.
Chanhassen, MN 55317
(952) 934-8915
Comment: Yes, we've been waiting a long time. Let's get on the ball and get the job
done.
7. Fred Putthoff
9231 Lake Riley Blvd.
Chanhassen, MN 55317-8654
(952) 445-0176
Comment: I like the proposed 212. Go forward ASAP.
(END)
Comments AQainst Highway 212
1. Barbara Schaepe
(No other information provided)
Comment: I cpntinue to be very opposed to this road. The cost of acquiring new
land, when the existing 212 or Highway 5 Corridor could be used, is very wasteful.
The lack of coordination with Highway 494 development is short sighted. I do
appreciate being kept aware of developments, but wit! be supporting OPposition to
the new 212.
2. Becky Lundberg
905 Livingston Court
Chaska, MN 55318
(952) 361-3216
Comment: We don't want out community to become a suburb of the metro area.
We will lose our small-town community. It seems the current 212 would do tine with
overpasses at the 101 intersection and with the expansion of 5.
3. Suzanne Janssen
162 Lakeview Rd.
Chanhassen, MN 55317
(612)974-9735
Comment: There are other roads to handle this traffic. The project is an
environmental nightmare. Way too much land is being used that belongs to
Chanhassen. These plans were done when much of this land was unsettled and
many of us had not had any idea a highway would infringe on our properties.
4. AI and Dorothy Koch
134 Lakeview Road
East Chanhassen, MN 55317
(952) 949-1185
Comment: We just moved here to Chanhassen in April and do not approve of a
Highway so close to our house - noise, dust and it will cut us off from Chanhassen.
5. R.D. Olitt
9125 Lake River Blvd.
Chanhassen, MN 55317
(952) 445-6489
Comment: Hair-brain idea.
6. Harlan Leopold
8553 Chanhassen
Chanhassen, MN 55317
Comment: I wish the project would be reconsidered. The route is too close to
housing developments. Noise is going to be a big problem.
7. Pat Hamblin
340 Sinner Circle
Chanhassen, MN 55317
Comment: This thing is horrible. It is taking hundreds of acres of beautiful, valuable
land and trashing it!
(More comments against Highway 212 on next page)
8. Long Li
1735 Lake Drive W.
Chanhassen, MN 55317
(952) 361-6610
Comments: Freeway 212 will cost too much money and beautiful land, but will not
solve the traffic problems. It will attract more traffic to Chanhassen and Eden Prairie
areas. The traffic will slow down a lot down to the ea~t of Chanhassen. As a
taxpayer, I strongly disagree with this disaster of freeway 212 project. Stop 212!
Comments against Highway 212 continued - page 2
9. Winston Lanphier
3085 Autumn Woods Drive
Chaska, MN 55318
Comment: I feel strongly that this new road is not needed. It will bring increased
noise, traffic and overall congestion. In addition, many of our natural resources will
be destroyed.
10. Robert Janssen
162 Lakeview Rd.
Chanhassen, MN 55317
(612)-974-9735
Comment: The project takes far too much land from Chanhassen,380 acres. This is
not necessary. The whole project should be discontinued-it is not necessary.
11. Anne Topp
8107 Dakota Lane
Chanhassen, MN 55317
(952) 745-6188
Comment: How do we fight the building of this road that will destroy wetlands, quiet
housing developments and bring more pollution...car exhaust, noise, etc.?
(END)
General Comments and Concerns
about Highway 212
1. Bob Lindall
(No other information provided)
Comment: Great jOb explaining the project, eXhiblts,_ etc.
2. Beverty Jensen
2232 Manuela Drive
Chaska, MN 55318
(952) 556-0204
Comment: Two years ago, I talked to Evan Green at Mn/DOT and was told it would
be 20 years before Highway 212 would be built in Chaska. So what is the schedule
currently?
3. Nyle Wollen Layst
1355 Wildflower Lane
Chaska, MN 55318
(952)361-6896
Comment: I am concerned as to how and where Wildflower Lane will intersect
CO 17 next to the proposed bridge over 212. I am also concemed about the noise.
4. Bonnie Murkowski
2051 Renaissance Court
Chanhassen, MN 55317
(952) 361-8566
Comment: I still have concerns regarding the fence and purgatory creek areas.
don't think this road will alleviate congestion.
5. Gary DeVaan
8773 North Bay Drive
Chanhassen, MN 55317
(952) 906-4006
gary@implex.net
Comment: Stop the madness. Best - Move the highway away from Lake Reily.
Next - Noise protection around each neighborhood.
6. Renee Main
555 Westwood Lane
Chaska, MN 55318
(952) 368-4679
reneemain@yahoo.com
Comment: Please send a map showing where the highway will go behind Westwood
Lane in Chaska. I need to know location in proximity to my house versus homes
across nature preserve. Thanks!
7. Floyd Hagen
15721 Cedar Ridge Rd.
Eden Prairie, MN 55347
(952) 937-1375
(General comments continued on next page)
General comments continued - page 2
Comment: The interchange at the northeast corner of Red Rock Lake eliminated a
lot of natural filtration of water pipes from Mitchell Lake into Red Rock Lake. What
has been done to replace this filtration so that water quality of Red Rock Lake will not
be effected by the poor quality of water coming from Mitchell Lake and Round Lake
in Eden Prairiè? Please call me or write me!
12. Marcy Bruce Jablonski
2661 Shadow Lane
Chaska, MN 55318
(952) 448-7820
Comment: Why does Pioneer Trail need to be so close to Shadowwood
Development. We don't want the development to be a thoroughfare as people try to
cut Pioneer Trail Audobon Intersection. Also we have a park too close to the road.
We have many concerns.
13. Bob Smithburb
8657 Chanhassen Drive N.
Chanhassen, MN 55317
(952) 934-4998
Comment: Exit ramp into Chan Mis neighborhood will become a short cut. Traffic
generated onto Hwy 5 going East and then onto parking lot of 494 - (Interim build is
nothing). One new lane on 494 will give up the day the ribbon is cut.
To many intersections
Bluff Creek watershed area
Why not mass transit
Cost
14. Todd Swanson
2269 Manuela Circle
Chaska. MN 55318
(952) 448-6374
Comment: I am interested in more information. My home is very near station 975.
Can you tell me the elevation of the road at that point or any other information...
cross section and height of sound wall at that point?
15. Gary DeVaan
8773 N. Bay Drive
Chanhassen, MN 55317
(952) 906-4006
gary@implex.net
Comment: Have a public meeting with speeches by the mayor, county
commissioner, DOT officials and representatives/senators.
16. Bob Brown
(No other information provided)
Comment: Whoever did the map should get a raise!
(General comments continued on next page)
General comments continued - page 3
17. Mike Minear
2421 Bridle Creek Park
Chanhassen. MN 55317
(952) 470-4402
mminearAmsri.com
Comment: Thank you for making the effort to share this information. The people
here and all the materials were very helpful for us to l!3am about the plans and
impact. The maps and graphics were great!
(END)
CITY OF
CHANHASSEN
I Gty Cmt" Drivt, PO Box 147
''hanhl1SStn. Minntlouz 55317
Phon, 612.9311900
Gtn"al FIIX 612.937.5739
¡gin,tring FIIX612.937.9152
blic Softty FIIX 612.934.2524
7tb www.ci.chanhIlJJm.mn.us
~:..., .rrf....'
C( ~ ((.;~> .
.-------.
CERTIFIED MAIL
September 27,2000
Me. Michael Nelson
9870 Pioneer Circle
Chanhassen, MN 55317
Re: Fuel Tank Storage, 9870 Pioneer Circle
Dear Mr. Nelson:
Enclosed please find a citation for the illegal outdoor storage of a fuel tank at the
above referenced address.
On September 15, 2000, you were notified by the City Attorney's office that the
fuel storage tank on your property was to be removed by September 25,2000,
because it constituted an expansion of a non-confonning use. An inspection on
September 26,2000, revealed that the tank is still present on the property. Since
you have not complied with a lawful order to remove the fuel tank, you are
scheduled for a court appearance on Oetober 23,2000, at 8:30 a.m.
Sincerely,
Cynthia R. Kirch ff, \ ICP
Planner II '\
Enclosure
c:
Scott Botcher, City Manager
Kate Aanenson, Community Development Director
Roger Knutson, Campbell Knutson
, ,
f))1I11
OFFICE OF THE LEGISLATIVE AUUJTU¡,
STATE OF MINNESOTA . Jomes Nobles, ì (,C;iòJiI';l'C '\"'::",
----.-.......
September 28, 2000
RECEIVED
OCT 02 2000
CITY OF CHANHASSEN
Mr. Scott Botcher, City Manager
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
Dear Me. Botcher:
As you may know, your current two-year tenn as a member of the Best Practices
Advisory Council ends on December 31,2000. On behalfofalI the members of the best
praetices team, I want to thank you for your service on the council and encourage you to
seek another tenn. Although we have temporarily suspended our best practices project
on obtaining citizen input, we plan to resume the project early in 2001 and we would
welcome your continued participation.
In December, after receiving advice from the League of Cities and the other local
government associations, the Legislative Auditor will be making appointments for the
next two-year tenn beginning in January 1,2001. If you wish to continue on the council,
please let the Association of Metropolitan Municipalities know as soon as possible.
Thanks again and best wishes.
sçz;L
Roger Brooks
Deputy Legislative Auditor
cc: Jim Nobles
Jody Hauer
~'2I:H ï':'~~(~:~~v:'!!li..d BnÜdÎng, (J:';S Cedar Street, Saint 1';1.".1..:: !\1innc~_'::~~..:.t:~:_,:~~:,.'" :/:"::
r ,.. .;¡. ~".':¡:~,-,..,;,:.-,~,,, "'" ",' _ TI1n J]c,1~o>. I ~~h"'·" :::~r-., _ \1,'...L_.~"
Mon
Wed
Thurs
Thurs
Fri
Fri
Sat
Sat
Sat
Sat
Sun
Sun
Sept 25 12:24 AM
Sept2712:16PM
Sept 28 12:01 PM
Sept286:15PM
Sept 29 7:54 AM
Sept 29 II :42 AM
Sept 30 I :39 AM
Sept 30 2:53 AM
Sept 306:\3 PM
Sept 30 8:32 PM
Oct I 5:17 AM
Oct I 8:08 AM
Medical - cancelled enroute
Medical- back injury
.. Mutual aid - fuel spill
Medical- allergic reaction to bee sting
Fire alarm - false alann, no fire
Medical- back pain
Medical- possible heart attack
Medical- chest pains
Medical- cut hand
Medical- allergic reaction to medication
Car accident with injuries
Medical- severe stomach pains
CHANHASSEN FIRE DEPARTMENT
FIRE/RESCUE
WEEK OF SEPTEMBER 25, - OCTOBER I, 2000
Flying Cloud Drive
Main Street
Excelsior Fire Department
Crestview Drive
West 78th Street
Oxbow Bend
Buckingwood Court
Kurvers Point Road
Lakeview Road East
North Bay Drive
Hwy 101 & Creekwood
Near Mountain Boulevard
CITY OF
CHANHASSEN
690 City Center Drivt, PO Box 141
ChonhiWen, Minn,soltJ 55311
Phont612.937.1900
Generol FIIX 612.937.5139
Enginming FIIX 612.937.9152
PI/blie Softty FIIX 612.934.2524
urb WWW.d.chI111hasJen.mn.us
'T'I r>.
MEMORANDUM
TO:
Mayor
City Council
FROM:
Scott A. Botcher, City Manager
DATE:
October 4, 2000
SUBJ:
AMM Legislative Polieies
Attached hereto is a copy of the draft AMM 2001 Legislative Policies. Please
take the time to read through them and familiarize yourself with the positions of
AMM. This year they have included a priority score sheet whereby Council
members ean fax to AMM their individual prioritization on the legislative
policies contemplated. If you so desire, please eomplete this fonn and return it
to AMM through any means you see fit.
Thank you.
g:\user\scottb\amm policies.doc
..
Association of
Metropolitan
Municipalities
RECEIVED
OCT () 4 2.000
CITY OF CHANHASSEN
DATE:
October 4, 2000
TO:
AMM Members
FROM:
AMMStaff
RE:
2001 Legislative Policies (Draft)
Policy Priorities Fonn
Policy Meeting Flyer
Enclosed is a draft ofthe AMM's 2001 Legislative Policies, a Policy Priorities fonn
and a flyer advertising the AMM Policy Adoption Meeting.
All members have the opportunity to debate and adopt the policies at the Policy
Adoption Meeting, which is scheduled for Thursday, Nov. 9, 2000 at the League of
Minnesota Cities (LMC) building from 5-7 p.m. If you plan to attend, please call
Laurie at 651-215-4000 by Friday, Nov. 3.
We need your help in detennining which policies the AMM should focus its time and
resources on during the 2001 Legislative Session. Please review the enclosed Policy
Priorities fonn and indicate your top five priorities. Please fax your completed fonn
to the AMM office at 651-281-1299 by Thursday, Nov. 9. (You may also bring your
completed fonn to the Policy Adoption Meeting.)
Should you have any questions, please call us at 651-215-4000. Thank you for your
assistance!
145 University Avenue West
Saint Paul, Minnesota 55103-2044
Telephone: (651) 215-4000
Fax: (651) 281-1299
E-mail: amm@ammI45.org
NAME:
CITY:
AMM POLICY PRIORITIES (2001}
Please review the following list of priorities submitted by each of the AMM's four policy
committees and indicate the top five priority policies you think the AMM should focus its time
and resources on during the 2001 Legislative Session. Fax comDleted form to: 651-281-1299.
(1 = highest priority; 5 = lowest priority)
I-A Levy Limits (Revenue)
I-B/C Local Aid (Revenue)
I-K Class Rate Tax System (Revenue)
1-0 Public Employees Retirement Association (PERA) Under-Funding (Revenue)
II-A Mandates & Local Authority (General Legislation)
III-D Minnesota Housing Finance Agency (MHF A) Program &
Appropriations (Housing & Economic Development)
- III-H
- III-J
III-K
Economic Development Responsibilities (Housing & Economic Development)
Development Tools (Housing & Economic Development)
Workforce Development (Housing & Eeonomic Development)
IV -F Local Plan Implementation (Metropolitan Agencies)
IV-K Metropolitan Council: Method to Select Members (Metropolitan Agencies)
IV-N Water Supply (Metropolitan Agencies)
IV-O Regional Wastewater (Sewer) Treatment Systems (Metropolitan Ageneies)
V-A Transportation Funding (Transportation)
V-B Regional Transit System (Transportation)
V-C Metro Transit Property Tax (Transportation)
V-G Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance (Transp.)
Other:
Association of Metropolitan Municipalities (AMM)
145 University Ave. ¡y., St. Paul, MN 55103 I Phone: 651-215-4000 I Fax: 651-281-1299
Email: amm@amm145.org
Oct. 4, 2000
-
Association of
Metropolitan
Municipalities
2000 Policy
Adoption Meeting
Cost:
Thursday, Nov. 9, 2000
5-7 p.m.
League of Minnesota Cities Building (LMC)
145 University Ave. W.
St. Paul, MN 55103
FREEl!
Date:
Time:
Where:
The Policy Adoption Meeting is one of two major meetings the Association of
Metropolitan Municipalities (AMM) holds each year for YOU -- the membership. All
mayors, councilmembers, managers and administrators, as well as city staff are
welcome to attend.
This year; we will again have a more com pad meeting format A 45-minute social
featuring light hors d'oeuvres will begin at 5 p.m., followed by the business meet-
ing from 5:45-7 p.m. There is NO charge to attend the social and/or meeting.
This is your opportunity to debate and adopt the AMM's 2001 Legislative Policies
and to determine the top priority issues the AMM will spend much of its time and
resources on during the 2001 Legislative Session. Gties are encouraged to send
more than one representative to contribute to the policy discussion.
Please R.5. v.P. by calling Laurie Jennings at 651-215-4000
by Friday, Nov. 3.
145 University Ave. W. 1 St. Pau!, MN 55103 1 Phone: 651-215-40001 Fax: 651-28/-12991 Email.· amm@ammI45.org
This flyer has been mailed to all ANN mayors, coundlmembers and managers/administrators.
LMC Building
Associab'on of Metropolitan Municipalities (AMM)
145 University Ave. W. ~ St Paul, Mi,!nesota 55103
Phone: 651-215-4000 ~ Fax: 651-281-1299
Email: amm@ammI45.org
. Highway 36
Maryland Ave.
Sherburne Ave.
ŒU University Ave.
+-' State I Capitol I
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Located one-half mile north of 1-94 at the
corner of Rice Street and University Avenue.
Please park in the west parking lot and enter the bUIlding through the west entrance.
.
January 2001
DRAFT
Legislative
POLICIES
Association of Metropolitan Municipalities
145 University Ave. W. . st. Paul, Minnesota 55103-2044
Phone: (651) 215-4000. Fax: (651) 281-1299
E-mail: amm@amm 145.org
~
Table of Contents
Municipal Revenue & Taxation (I)
Levy Limits (I-A)
Local Government Aid (LGA) (I-B)
Hornestead & Agricultural Credit Aid (HACA) (I-C)
Tax Exernpt Property (I-D)
Sales Tax on Local Governrnent Purchases (I-E)
Developrnent Access Fees (I-F)
Price of Government (I-G)
Fiscal Disparity Fund Distribution (I-H)
Personal Property Taxation: Electric Utility (I-I)
Revenue Diversification (I-J)
Class Rate Tax System (I-K)
Lirnited Market Value (I-L)
Srnart Growth Incentives (I-M)
City Revenue Stability & Fund Balance (I-N)
Public Employees' Retirement Association (PERA)
Under-Funding (1-0)
1
1
1
1
2
2
2
2
2
3
3
3
4
4
4
General Legislation (II)
Mandates & Local Authority (II-A)
Public Right-of-Way (II-B)
Witness Fee Costs (II-C)
7
7
7
2001 Legislative POlìcies
Table of Contents
911 Telephone Tax (II-D)
800 MHz Radio System (II-E)
Permit Approval: Zoning/Denial Findings (II-F)
Elections: Alley System Authority (II-G)
7
8
8
8
Housing & Economic Development (III)
Livable Communities Act (III-A)
State Housing Policy (III-B)
Federal Housing Policy (III-C)
Minnesota Housing Finance Agency (MHFA)
Programs & Appropriation (III-D)
Tax & Public Finance Policy (III-E)
Affordable Housing Barriers (III-F)
Homelessness (III-G)
Family & Elderly Housing (III-H)
Community Housing Land Trusts (III-I)
Economic Development Responsibilities (III-J)
Tax Increment Financing (TIF) (III-K)
Property Tax Reform Impact on TIF (III-L)
Development Tools (III-M)
Workforce Development (III-N)
Building Permit Fee Surcharge (III-O)
Group Homes (III-P)
9
10
11
11
12
13
14
14
15
15
16
17
17
18
19
19
Metropolitan Agencies (IV)
Introduction: Metropolitan Governance Structure
Purpose of Metropolitan Governance (IV-A)
21
22
ii
2001 Legislative Policies
Table of Contents
Regionally Provided Services: Funding (IV-B) 22
Regional Systems (IV-C) 22
Coordination of Local & Regional Plans (IV-D) 23
Growth Management Strategy (IV-E) . 24
Local Plan Implementation (IV-F) 24
Metropolitan Council Focus on Planning (IV-G) 25
Budget Process & Work Program Evaluation (IV-H) 25
Criteria for Extension of Metropolitan
Governance Authority (IV-I) 26
Restructuring of Metropolitan Agencies (IV-I) 26
Metropolitan Council: Method to Select Mernbers (IV-K) 27
Parks & Open Space:
Operation & Maintenance Capital Funding (IV-L) 28
Surface & Groundwater Water Management (IV-M) 29
Water Supply (IV-N) 30
Regional Wastewater (Sewer) Treatrnent Systern (IV-O) 30
Waste Strearn Management (IV-P) 30
Transportation (V)
Transportation Funding (V-A)
Regional Transit Systern (V-B)
Metro Transit Property Tax (V-C)
Transportation Utility (V-D)
Highway Turnbacks & Funding (V-E)
33
33
34
34
34
'3C' Transportation Planning Process:
Elected Officials Role (V-F)
Motion Irnaging Recording System (M.I.R.S.):
Traffic Law Compliance (V-G)
35
35
2001 Legislative Poficies
iii
Table of Contents
Airport Noise Mitigation (V-H) 35
Traffic Control Devices (MN/DOT Administrative) (V-I) 36
Committee Rosters (VI)
2000-01 Housing & Economic Development Committee 37
2000-01 Metropolitan Agencies Committee 38
2000-01 Municipal Revenue & Taxation Corrunittee 39
2000-01 Transportation & General Goverrunent Corrunittee 40
iv
2001 Legislative Policies
Municipal Revenue &
Taxation (I)
Levy Limits (I-A)
The AMM strongly opposes levy lirnits and urges the legislature
to not re-enact thern for 2002 or beyond. The AMM also opposes
the irnposition of artificial mechanisms such as valuation freezes,
payroll freezes, reverse referenda, super rnajority requirernents for
levy, or other lirnitations to the local government budget and taxing
process.
Local Government Aid (LGA) (I-B)
Local Governrnent Aid (LGA) returns a portion of statewide
resources to supplernent local property taxes. The AMM supports
its continuation with an annual inflation index, along with
additional state resources to further reduce the reliance on the
property tax. In addition, any LGA formula changes considered by
the legislature rnust have a positive impact on the rneh'opolitan
area.
Homestead & Agricultural Credit Aid (HACA) (I-C)
The Hornestead and Agricultural Credit Aid (HACA) equals about
one-third of the total local aid and should be continued as part of
the local fiscal relationship, with an inflation or increased
household growth factor restored for cities. If HACA continues to
be used to offset lower valued horne tax increases as a result of
class rate cornpression, the legislature should provide an ongoing
HACA index to offset continued tax shifts after the initial year. The
AMM strongly opposes the conversion of city HACA to school aid.
Tax Exempt Property (I-D)
The AMM encourages the legislature to authorize cities to establish
a program of payrnents in lieu of taxes by tax exempt governmental
and non-governmental organizations, except constitutionally
2001 Legislotive Policies
exempt property (churches and schools) for the cost of services
such as police, fire and streets to their facilities.
Sales Tax on Local Government Purchases (I-E)
Municipal Revenue & Taxation
The legislature should reinstate the sales tax exemption for all local
goverrunent purchases without requiring a reduction in other aids.
Development Access Fees (I-F)
The AMM supports authorization for cities to impose Development
Access Fees for roads and stormwater control.
In order to fairly provide for major street and stormwater
irnprovements of primary benefit to a particular subdivision
development but not directly assessable and to allocate cost so that
new growth pays its fair share, the legislature should authorize
cities to establish at their option a road and! or stormwater
development access charge to be collected at the time that
subdivisions are approved and! or at the time building permits are
issued similar to park dedication fees.
Price of Government (I-G)
The price of govenùnent calculation in regard to local governments
should be based on (1) changes in the sum of the levy and state
aids, and (2) examination of long-terrn trends, not single year
events. In addition, consideration should be given to service
provision transfers between goverrunental units, increased demand
for services by citizens and legislative mandates or tax rate
changes.
Fiscal Disparity Fund Distribution (I-H)
The AMM opposes the use of fiscal disparities to fund social
or physical metropolitan programs since it results in a
metropolitan-wide property tax increase hidden from the public.
Personal Property Taxation: Electric Utility (I-I)
The AMM opposes proposals for exempting the Investor Owned
Utilities (IOUs) from the personal property tax. Under no
circumstances should local units of government and their taxpayers
be required to shoulder the burdens of tax relief for 10Us.
2
2001 Legislative Policies
Municipal Revenue & Taxation
The personal property tax is a significant portion of the
metropolitan fiscal disparity pool and, if eliminated, would have a
m\!tropolitan-wide property tax irnpact.
Revenue Diversification (I-J)
The AMM supports revenue diversification for cities to reduce
the reliance on local property taxes. Some examples include
authorization for local sales taxes, payments in lieu of taxes,
franchise fees, deed taxes to remain with city, development impact
fees, or the creation of a separate income/ sales tax fund that would
grow with the economy.
The AMM opposes legislated reduction or limitation on various
license fees, development fees, or other general fees which would
force increased property tax to pay for related services.
Class Rate Tax System (I-K)
The AMM opposes a change frorn the class rate tax system to a
market value system, which would cause trernendous shifts of tax
burden between classes of property, or applying future levy
increases to market value, since this would further complicate the
property tax system.
Limited Market Value (I-L)
The AMM strongly opposes further extension of artificial limits in
valuing property at market for property taxation purposes.
Lirniting market value increase on existing property to a non-
market index or set rate will cause various property tax system
problems. Similar properties will be taxed differently if new or sold
and improvements will be discouraged. Tax shifts will occur
mainly on lower valued hornes and the ability to issue bonds may
be adversely affected. Finally, it will be politically difficult as well
as costly to persons owning long-term capped properties when it
becomes necessary to sunset due to vast differences in tax liabilities
for like properties. The AMM believes that enhanced targeting for
special circumstances such as low-incorne persons better serves the
tax systern.
.
2001 legislative Policies
3
The legislature should enact financial incentives for cities to
enèourage smart growth and affordable housing in the form of a
state appropriation to offset capital and. administrative costs. A
smart growth incentive should be a separate supplemental aid
program, not part of the current local government aid fund or
distribution formula.
Municipal Revenue & Taxation
Smart Growth Incentives (I-M)
City Revenue Stability & Fund Balance (I-N)
The legislature should not attempt to control or restrict city fund
balances. These funds are necessary to maintain fiscal viability to
meet unexpected or emergency resource needs of city governments,
to purchase capital goods and infrastructure, provide adequate
cash flow and to maintain high-level bond ratings.
Public Employees' Retirement Association (PERA) Under-Funding (1-0)
Recent analysis has demonstrated that the PERA coordinated plan
has been using overly-optirnistic actuarial assumptions for several
years. The plan is expected to need additional funding of more than
$100 million a year over the next 25 years to cover projected
pension benefits. If the additional funding comes exclusively from
employer and employee payroll contributions, the increased
contributions would be 30 percent higher than current levels.
Contribution rate increases may reduce employee's take-home pay,
strain local budgets and result in property tax increases.
City officials recognize that employer and employee contribution
rate increases are an important part of the funding solution. To
reduce the magnitude of the increases, the Legislative Commission
on Pensions should consider the following alternatives:
. Supply PERA with state aid funded through reduced
contributions to the Teachers' Retirement Association (TRA)
and the Minnesota State Retirement System (MSRS). In 1984,
PERA and MSRS sufficiencies were similarly transferred to TRA
when it was under-funded.
. Implement pro-rated service credit. PERA is the only major
Minnesota pension plan that awards a full-year's service credit
to part-time employees.
4
2001 Legislative Policies
Municipal Revenue & Taxation
· Exclude all seasonal ernployees frorn participation in PERA.
· .. Explore the possibility of forrner ernployees taking refunds by
offering a portion of employer contributions as part of the
refund.
· Reduce the guaranteed interest for deferred members' benefits.
· Increase the plan's vesting period from three to five years
prospectively.
· Increase the amortization period for the plan's unfunded
liability from 20 to 30 years.
· Restructure the POST fund in one or more of the following
ways:
1. Elirninate the post-retirement fund and combine the assets
and liabilities of retirees with the active fund.
2. Redirect sorne POST fund earnings to the active funds.
Currently, retirees are given all the benefits of high rates of
investment return, and are also guaranteed annual increases
even in years of poor investment performance.
3. Pay excess rnortality costs (when pensioners live longer than
expected) out of the post-retirernent fund rather than the
active pension funds.
4. Spread POST fund investment returns over a 10-year period
rather than a five-year period.
· Not approve any benefit changes which increase the ongoing
cost of the plan.
200) Legislative Policies
5
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General Legislation (II)
Mandates & Local Authority (II-A)
The AMM opposes statutory changes which erode local control and
authority or create mandated additional tasks requiring new or
added local costs without a corresponding state appropriation or
funding mechanism. New unfunded mandates cause increased
property taxes which impedes the ability to fund traditional service
needs.
Public Right-of-Way (II-B)
The AMM supports the continued effort of the League of
Minnesota Cities (LMC) to protect the authority of cities to
maintain jurisdiction over municipal public rights-of-way, to
establish relevant criteria and to obtain reasonable compensation
for its degradation ànd to retain franchise and fee collection
authority for gas, electric and cable services.
Witness Fee Costs (II-C)
Since one-third of fines for city-related prosecutions remain with
the county and adequately fund this cost, the AMM opposes
shifting witness' fees from counties to cities for these actions.
911 Telephone Tax (II-D)
The AMM supports the current distribution of the 911-access fee
and the limit of 30 cents per line per month to offset basic
maintenance costs and enhanced upgrade. Any fee granted
legislatively in excess of 30 cents should be returned directly to the
municipality or public safety answering provider (PSAP) where
collected. Fee increases granted by the legislature should be a
specific amount not a general authorization and only for a specific
purpose. Phase 2 Wireless enhanced 911 costs should be recovered
from a direct charge to cell phone users.
2001 Legislative Policies
7
General Legislation
800 MHz Radio System (II-E)
Th!! AMM supports the continuation of the Metropolitan 800 MHz
Radio System legislation and board, as long as cities are not forced
to modify their current systems or become part of the 800 MHz
Radio Systern until they so choose. The'system should provide a
phased transition guaranteeing uninterrupted service and be
technically capable of allowing communities the flexibility to forrn
various coordinated arrangernents for dispatching and service
provision. In that one of the prime advantages of this system is the
fact that local public safety agencies and other units of local
government throughout the region will be able to communicate
with each other, regional funding of the entire system should be
considered. Any such funding should take into account the
reasonable useful life of current systems.
Permit Approval: ZoninglDenial Findings (II-F)
The perrnit approval statute delineating tirne limit requirements
should be modified so that in the case of a rezoning or issues
requiring super-rnajority votes, a motion such as a motion to table
that extends action beyond the 60- or 120-day tirne requirement
constitutes a denial, not an approval in order to uphold the super
majority requirement of the zoning statute. Current law provides
autornatic approval if no action is taken.
In addition, if an approval resolution fails for any perrnit request
the city should be allowed by statute to provide a denial resolution
with findings of fact at the next regular rneeting or granted an
automatic tirne lirnit extension.
Elections: Alley System Authority (II-G)
The AMM supports permissive authority for statutory cities to
adopt an alley system for filing for city council seats.
8
2001 Legislative Policies
/^",P1
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QI ~
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t______J
Housing & Economic
Development (III)
Livable Communities Act (III-A)
The 1995 Legislature enacted the Livable Communities Act (LCA)
to stimulate housing and economic and community development
in the metropolitan area. The act permits cities to access about $11.0
million in funding for pollution clean-up, housing and
redevelopment. As a participant, a city must adopt affordable and
life cycle housing goals and a plan to achieve the goals.
Since its inception, the Metropolitan Council has been responsible
for program implementation, including the completion of an
annual progress report. The report for the 1996 calendar year
indicates progress toward achieving the stated goals but also raises
concern regarding the preservation of affordable housing,
particularly the demolition of housing units.
The AMM has maintained that the LCA should not be amended
until there are progress reports and experience with the LCA.
Based on the reports and experience of cities, the AMM
recommends:
· The LCA should be continued.
· The LCA should be arnended to eliminate the requirement that
a city annually elect to be a participant in the act and require by
November 15 that a resolution to withdraw be approved.
· The state should appropriate funds for the LCA. The
appropriation should not replace the current funding sources
but should be in addition to them.
· The Metropolitan Council, in cooperation with the LCA
participants, should develop a benchmark to measure a city's
efforts to provide affordable housing. The benchmark should
9
2001 Legislative PdÌicies
Housing & Economic Development
replace the Affordable Life Cycle Housing Opportunity
Arnount (ALHOA).
· The LCA amount should be arnended to permit a development
agency to apply for an LCA program provided the development
agency receives from the city council in which the project will
be located approval to subrnit the application and receive the
grant.
State Housing Policy (III-B)
The AMM recognizes and is encouraged by the efforts of the
legislature regarding the production and preservation of affordable
housing. Over the past several sessions the legislature has provided
the Minnesota Housing Finance Agency (MHF A) with additional
funds to address housing issues. For exarnple, the 1999 Legislature
significantly increased the MHF A's biennial appropriation for
housing production prograrns. The 2000 Legislature provided
funding for rental and owner-occupied housing production.
To continue the expansion of the state's econorny, the governor and
legislature should recognize the importance of housing to economic
vitality and family stability and should adopt policies that preserve
existing housing, permit the production of safe affordable housing
and provide resources to produce and preserve housing. The AMM
recommends the following:
Land Use Standards and State Incentives
· Minnesota cities are responsible for and should retain the
authority to regulate the location, size and arnount, and type of
housing within their boundaries. Minnesota cities, where the
county has capacity, should partner with the county to provide
affordable housing.
· The state, in an effort to encourage rnore affordable housing,
should authorize cities on a voluntary basis and provide
incentives for such concepts as density bonuses and mixes of
housing types and price ranges. The incentives can be, but not
be limited to, property tax class rates and sales tax exernptions
for construction rnaterials.
10
2001 Legislative Policies
Housing & Economic Development
. State funding provided for the incentives should not reduce
existing programs.
Federal Housing Policy (III-C)
While the state of Minnesota continues' as a partner with local
government in addressing housing issues the federal goverrunent,
the traditional leader in housing policy development, has
decreased its involvement in the issue. The federal goverrunent's
lack of commitment has caused the other partners -- state and local
goverrunents .- to increase their housing commitments. The state
and local efforts have made an impact but without a strong federal
presence, the state and local efforts will be limited. Therefore, the
AMM strongly encourages the federal government to be actively
engaged in housing policy and programming.
Historically, the federal government has provided funding for
housing production and rent subsidies. Over the last decade the
federal government has reduced its funding commitment and has
caused a shortage of affordable housing. Therefore, the AMM
recommends that the federal government increase its participation
and funding in housing.
Minnesota Housing Finance Agency (MHFA) Programs & Appropriations
(III-D)
The MHFA's current biennial budget totals $173.0 million. The
budget funds several programs that rehabilitate rental and owner-
occupied housing, produce new housing, prevent homelessness,
and finance the preservation of affordable federally subsidized
housing. The current budget consists of $121.0 million from the
state general fund and $52.1 million in federal funds. All of the
federal revenue is a "one tirne" appropriation as is $41.0 million
from the general fund.
Being aware of the vital role of housing in family stability and in
the economy, the legislature should:
. Approve a permanent appropriation that is equal to one percent
of the state's biennial general fund budget.
. Maximize its investment in housing by primarily funding
programs that leverage investments from non-state sources.
2001 Legislative Polícies
11
Housing & Economic Development
· Continue the housing preservation program for federally
subsidized housing that could be converted to market rate
.. housing.
Tax & Public Finance Policy (III-E)
State housing policies should include more than appropriations
and could encompass tax policies and regulatory reform. Over the
past several sessions the legislature has considered legislation to
reduce property tax on rental housing, exempt construction
materials and supplies used in the production or rehabilitation of
affordable housing from the sales tax, authorize additional tax
exernpt bonding for housing, establish a low income housing tax
credit and reform housing regulatory practices. Many of the
proposals have not been adopted but should be considered as part
of a housing strategy. The legislature should:
· Provide a sales tax exemption for construction supplies and
materials used in the construction or substantial rehabilitation
of affordable housing.
· Exempt public agencies from paying the mortgage and deed tax
when developing or providing for affordable housing and
redevelopment. -
· Establish incentives such as an aid or credit program that
encourages cities to approvernulti-family housing including
affordable housing.
· Modify the tax exernpt bond allocation process so that
additional bonding authority is made available for residential
rental housing.
· Continue the policy of not reducing a person's or household's
Minnesota Family Investment Program monthly grant if they
are residents of public or section 8 housing.
· Modify the property tax on residential rental property to
encourage rehabilitation and new production.
12
2001 legislative Policies
Housing & Economic Development
Affordable Housing Barriers (III-F)
During the past several years the area's housing market has
experienced a vacancy rate that is less than two percent. As a result
of the market it is difficult to find affordable housing. Primarily
private market forces affect the housing supply but public policies
also have a role on the supply and price of housing.
Being aware of the various factors impacting housing production,
the Metropolitan Council, the legislature and the Builders
Association of the Twin Cities (BATC) are attempting to identify
barriers to affordable housing. Among the policies being examined
are taxes, state and local regulations and fees, land supply,
development procedures, and comprehensive planning
implementation.
The Metropolitan Council, through the Mayors' Housing Advisory
Task Force, is in the process of examining the role of local
goverrunent in housing production. The task force is reviewing
such issues as zoning, development regulations, fees and public
awareness. The task force report should be available in late 2000.
The Legislative Auditor is conducting a study that is focusing
primarily on the effect of state policies and practices on the cost and
supply of affordable housing. The study will also examine the
state's role in defining local powers. The auditor's report is due in
January 2001.
BATC has conducted several studies that have recommended that
the Metropolitan Urban Service Area (MUSA) be expanded so that
more developable land be rnade available. BATC is also working on
reports related to public development procedures and fees.
Most metropolitan area cities have adopted housing goals
associated with participation in the Livable Communities Act
(LCA). Since the inception of the LCA, rnany cities have approved
and in most cases are participating in the development of
affordable housing. The ability to remove barriers should assist
cities in the production of affordable housing. The AMM supports
efforts to increase the supply of affordable housing and will
develop specific legislative proposals as the studies are completed
and reviewed.
2001 Legislative Policies
13
Housing & Economic Development
Homelessness (III-G)
Prograrns to assist the homeless are generally funded by a variety
of public and non-profit sources. Many of the programs such as the
Stuart McKinney Homeless Prevention Act require operating
agencies to develop a community-baseä planning process to
identify needs of the homeless and adopt programs - continuum of
care-to rneet these needs. Continuum of care includes services and
housing types (shelters, transitional and permanent).
In the rnetropolitan area, counties in collaboration with other local
governments and service providers have developed continuurn of
care plans that have the goal of rnoving the horneless to needed
services or perrnanent housing. However, a recent study completed
by Hennepin County and the city of Minneapolis regarding
hornelessness in the county found that horneless adults can not find
permanent affordable housing. They also found that there is a need
for more coordination among the nurnerous metropolitan agencies
involved in homeless assistance. The report notes that in several
regions of the state counties coordinate their continuum of care
plans. Therefore, it is recornrnended that:
· The supply of permanent assisted housing, particularly single
room occupancy, be increased.
· Metropolitan counties should work together to initiate a
coordinated planning process.
Family & Elderly Housing (III-H)
Dernographic trends indicate that Minnesota's population is aging.
For example, the Metropolitan Council projects that the region's
population age 65 and older wiIl nearly double from the year 2000
to 2020. Since rnost of the population owns single family housing
and they wiIl be smaller households there could be a demand for
smaller housing units. The elderly population wiIl also be older
than their predecessors.
In the metropolitan area, the Metropolitan Council reports that the
nurnber of persons age 75 and over wiIl increase frorn
approximately 110,000 in the year 2000 to 180,000 in 2020. Being
aware of the trends, the legislature should:
14
2001 Legislative Policies
Housing & Economic Development
. Direct state agencies to provide information and technical
assistance to local governments regarding the population
changes and their irnpacts on publi:c services.
. Provide additional resources to serve the low income elderly.
Resources should include housing as well as related services.
. Develop policies that encourage the development of housing for
the elderly that is affordable and provides an attractive
alternative to current housing and preserves the current
housing.
Community Housing Land Trusts (III-I)
An affordable housing land trust is a non-profit corporation that is
used to create an expanding and perpetually affordable supply of
owner-occupied housing. The land trust attempts to maximize the
cost-effectiveness of the public investment.
Land trusts are operative in Minnesota and 22 other states.
Currently there are at least two land trusts in Minnesota-Rondo
Community Land Trust in St. Paul and Northern Communities
Land Trust in Duluth. Land trusts are being considered in
Washington County and in suburban Hennepin County.
The Minnesota Housing Finance Agency (MHFA) was authorized
to assist in the funding of land trusts. The one-time funding
permitted land trusts to provide gap financing, interest rate
subsidies, predevelopment financing and financial underwriting
costs. To assist the land trusts, it is reconunended that:
. A land trust capacity building program be authorized by the
2001 Legislature. The land trusts would be authorized to
provide such services as gap financing, interest rate subsidies,
predevelopment financing and underwriting. The program
should be administered by the MHFA and be appropriated at
least $500,000.
Economic Development Responsibilities (III-J)
The state should continue to recognize cities as the primary unit of
government responsible for implementing economic development
policies and land use controls. New or amended economic
2001 Legislative Policies
15
Housing & Economic Development
development programs designed to address specific economic
circumstances within cities or counties should use problem
defînition as the criteria rather than geographic location, city size or
similar criteria.
Tax Increment Financing (TIF) (III-K)
The Minnesota Legislàture during the previous session rnade
several changes to the Tax Incrernent Financing (TIP) Act. Arnong
them were amendments relating to pooling, the use of increment
for public facilities and the irnpact of property tax changes on TIP.
Being aware of the arnendrnents and the need to redevelop, the TIP
law should be arnended to:
Local Effort
· Eliminate the LGAjHACA penalty or allow an exception frorn
levy limits. If the penalty is not elirninated, the restrictions on
the source of payment should be removed.
· Authorize the use of federal grants and other local funds for
local contributions.
TIF Use
· Exempt redevelopment districts from the five-year rule.
· Reaffirrn that cities alone should be authorized to approve city
initiated tax incrernent districts and that counties and school
districts should continue to have the ability to review and
comment on TIP.
· Permit all cities to establish housing replacernent (scattered site)
districts and allow TIF to be used for historic preservation.
Housing
· Modify the housing district income qualification requirernents
to allow the levels to vary according to individual regions of the
state or counties.
· Remove the LGAjHACA penalty imposed on housing dish'icts
established between 1990 and 1993.
16
200 I Legislative Policies
Housing & Economic Development
Reporting
. . Clarify that the Office of State Auditor (OSA) must give cities 60
days to respond to a violation of the TIF law prior to sending a
notice of the violation to the county,attorney. The notice to the
city must also state that at the end of the 60-day period any
resolved issues will be sent to the county attorney for possible
action.
. Authorize the OSA to conduct a compliance review of a tax
increment district within 12 months of the date the district is
decertified or the incrernent is completely expended, whichever
is later. The State Auditor, upon completion of the review and
resolution of outstanding issues, must issue a certification that
the district is complete and not subject to further actions by the
office.
. Clarify that an error of a non-substantive manner is not a
violation of the law and therefore the city should not be
formally cited for a violation of the reporting provisions of the
TIF Act.
. Require that the OSA provide reporting entities with a checklist
of specific items that will be part of a compliance or final review
of a district.
Property Tax Reform Impact on TIF (III-L)
It is anticipated that during the 2001 Session, the reform of the
property tax system could continue. As part of the "Big Plan" the
Office of the Governor is proposing a restructuring of the property
tax system through changes in the way education is funded. It is
possible that there will be additional proposals that could impact
the tax levy or the class rates and the changes could impact TIF.
Therefore, it is recommended:
. That the TIF grant program be continued and the appropriation
be sufficient to meet the impacts of tax reform.
Development Tools (III-M)
Over the past several sessions, the legislature has provided cities
with development tools to redevelop property, clean up polluted
.
2001 Legislative Policies
17
Housing 8. Economic Development
sites and encourage business retention and expansion. The tools
include, but are not limited to, TIF, tax expenditures and loans and
grants. Many of the state tools have supplemented local efforts. To
continue this state local relationship, the legislature should:
· Continue the Minnesota Investment Fund.
· Support increased funding for the pollution clean-up program
adrninistered by the Minnesota Department of Trade and
Econornic Development (DTED).
· Require condemnation commissioners to consider the cost of
correcting pollution problems in determining the final value of
property.
· Establish an indemnification fund to provide financial security
for institutions and individuals as they invest in developing and
clean-up of polluted sites.
· Eliminate the requirernent to match a portion of the clean-up
grant prograrn with local general funds.
· Make perrnanent the Redeveloprnent Fund established in 1998.
Workforce Development (II/-N)
Minnesota cities have been responsible for developrnent and
redevelopment activities. Using such tools as f~deral and state
grants, TIF and revenue bonds, cities have stimulated the
commercial and industrial property developrnent that has
permitted cornpanies to grow and increase ernployment
opportunities. To continue to be cornpetitive, however, companies
are continually training its workforce in the use of new tools,
systerns and technologies.
Business and government are concerned about the state's
workforce. The governor's office has prepared a work force
development framework that is intended to make Minnesota a
world cornpetitor in the 21st Century. The framework has the goal
of keeping Minnesota's businesses competitive by supporting a
flexible, skilled workforce and supporting efforts to increase
personal incorne. To achieve these goals, the governor's office is
recommending strategies that would eliminate obsolete and
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2001 Legislative Policies
Housing & Economic Development
redundant programs and identify and promote well-paying jobs
and skills of the future.
The framework also recommends that there be collaboration among
agencies and that available resources fqr workforce development
are adequate and strategically focused'. Being aware that cities are
responsible for redevelopment and economic development and that
workforce is a major component of the development it is
recommended that:
. Workforce legislation authorize cities to be involved in
workforce planning and prograrnrning.
. Appropriate a portion of the workforce funding for programs
administered by cities to train and or re-train employees of
companies participating in local government redevelopment or
development activities.
Building Permit Fee Surcharge (111-0)
Local goverrunents collect a half-percent surcharge on building
permits. The proceeds of the surcharge are paid to the state and are
used to support the State Building Codes and Standards Division.
Prior to 1991, any excess proceeds were remitted on a pro-rated
basis to the local governrnents. To help with the development of
affordable housing it is recommended that:
. The proceeds from the building permit surcharge fee be paid to
the MHFA for the support of affordable housing and that the
building codes and standards division be funded from the state
general fund.
Group Homes (III-P)
. State and county agencies must provide timely notification to
cities of facility license requests and renewals and provide
adequate opportunity to respond. Cities must also be aware of
the special care needed by residents of such facilities in case of
public safety emergencies.
. Clustering of community residential facilities because of
economic, geographic or other factors should be avoided.
.
2001 Legisiative Policies
19
Housing & Economic Development
Standards of non-concentration for state or county-issued
Requests for Proposals (RFPs) should be established.
· There must be an ongoing screening process, particularly in the
correction area, to insure that persons placed in a residential
facility will benefit from such an enVironment and will not be a
danger to themselves or others. The licensing authority must be
responsible for rernoving any person found incapable of living
peacefully in such an environment.
· Facilities licensed by the corrections department should not be
exempt frorn reasonable local land use regulations.
· A fair share concept should be considered within the
rnetropolitan area. However, this concept should consider other
factors including transportation facilities, job availability and
other needed support services.
· The licensing authority and! or legislature should allow cities to
participate in the search for facility locations in order to meet
needs of the providers, facility residents and the neighborhood.
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2001 Legislative Policies
@ Metropolitan Agencies (IV)
Introduction: Metropolitan Governance Structure
The Metropolitan Council was established in 1967 to coordinate
"the planning and developrnent" of the seven county metropolitan
area. To fulfill its responsibilities, the Metropolitan Council has
worked with local goverrunents to establish policies regarding
growth and developrnent in the region. Over the years, the
Metropolitan Council has been authorized by the legislature to be
involved in the development of regional parks and the operation of
regional services.
In the following years the Metropolitan Council was mostly
advisory, but was given responsibility for regional policy
development and coordination in the areas of wastewater
treatment, transportation and airports. The Metropolitan Council
was given limited approval authority for development proposals,
which were of metropolitan (regional) significance but was not
given direct operational authority.
The Metropolitan Council's responsibilities have been expanded
over the years. The Metropolitan Council was given direct
operational responsibility for regional transit and wastewater
treatment in 1994. In the following year, the legislature directed the
Metropolitan Council to implement the Livable Communities Act
(LCA). The Metropolitan Council's role with the LCA is to
negotiate affordable and life cycle housing goals for cities and
provide grant funds for the clean-up of polluted lands and
demonstration projects that foster a mix of land uses and housing
types. The Metropolitan Council's role has evolved since its
inception to long-range planning and the operation of regional
services.
2001 Legislative Po1icïes
21
Metropolitan Agencies
Purpose of Metropolitan Governance (IV-A)
The AMM affirms its support for the existence of a metropolitan
governance system to deal with appropriate regional issues and
concerns. The purpose of the metropolitan governance system
should be: .
· To facilitate region-wide planning with the cooperation and
consideration of the affected local units.
· To provide certain region-wide services that do not duplicate
those that can be provided by local goverrunental units, either
individually or jointly.
· To fulfill other specific responsibilities rnandated by the state
and federal goverrunents.
Regionally Provided Services: Funding (IV-B)
The Metropolitan Council should continue to fund its regional
services and activities through the existing combination of user
fees, property taxes, and state and federal grants. The current
revenue systern provides better visibility to the customers.
The Metropolitan Council should be responsible for determining
user fees. The fees should be consistent with regional system plans
and goals assure that the service quality can be of high quality as
measured by industry or public policy standards and be
established by an open, visible procedure including, but not limited
to, public notice and hearings.
A clear linkage between revenue and service should be maintained.
Fee proceeds from one service should not be used to fund another
regional service.
Regional Systems (IV-C)
The regional investment in metropolitan systerns rnust be
rnaintained and preserved by preventing adverse irnpact because of
the lack of integration and coordination between regional and local
planning.
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200 I Legislative Policies
Metropolitan Agencies
Regional system designation should only be approved if there is a
compelling metropolitan problem or concern that can best be
addressed through the designation. Prior to requesting legislative
approval for a system, the Metropolitan Council must discuss the
proposal with the region.
Coordination of Local & Regional Plans (IV-D)
The regional planning process must, on a continual basis, have the
input of local goverrunent officials. To ensure input, the
Metropolitan Council should hold hearings and provide public
notice and copies of proposals regarding amendments to the
Metropolitan Development Guide.
Metropolitan system plans must be specific in terms of locations,
capacities and timing to allow for consideration in local
comprehensive planning. System plans should clearly state the
criteria by which the local plans will be judged for consistency. The
system plans should also clearly state the criteria that will be used
to find that a local plan has a substantial impact on or contains a
substantial departure from the metropolitan system plans.
The Metropolitan Council should continue to offer assistance to
cities. The assistance should include but not be limited to staff
support, research, policy guidelines, system statements and
procedures for the review and evaluation of plans and
amendments.
The Metropolitan Council, in its review of local plan amendments,
must have a procedure that will:
· Recognize that the Metropolitan Council's role is to review and
comment, unless there is a substantial impact on or departure
from the system plans.
· Establish an open dialogue between cities and the Meh"opolitan
Council, including public meetings and public hearings.
· Be aware of the statutory time constraints imposed by the
legislature on plan amendments and development applications.
2001 Legislative Poiicies
23
.
Metropolitan Agencies
· Provide for immediate effectuation of plan arnendrnents, which
. have no potential for substantial impact on systerns plans.
· Require the information needed for the Metropolitan Council to
complete its review, but not prescriþe additional content or
format beyond that is required by the Metropolitan Land
Planning Act (MLP A).
Growth Management Strategy (IV-E)
The Metropolitan Council should continue its flexible guided
growth policy regarding Metropolitan Urban Service Area (MUSA)
expansion requests as outlined in the Regional Blueprint.
The Metropolitan Council in cooperation with State Planning and
the counties adjacent to the region should develop growth
rnanagement strategies for the collar counties. The strategies should
focus on policies that can be implemented by local governrnents
within the adjacent counties and state agencies rather than
extending the jurisdiction of the Metropolitan Council to additional
counties. All strategies should complernent and recognize growth
policies being implernented within the region.
· If regional servièes are to be extended to the collar counties, the
services should only be extended if there is a specific problem
(envirorunent or transportation) that can be best resolved by
extending the service. The area receiving the services rnust pay
for the service extension and agree to growth rnanagement
strategies consistent with those of the rnetropolitan area.
· In developing and providing incentives for implementing its
regional objectives, the Metropolitan Council should consider
and give credit for a city's experience in irnplernenting its
cornprehensive plan and the Metropolitan Council's Regional
Blueprint.
Local Plan Implementation (IV-F)
Local goverrunents are responsible for zoning. These zoning
decisions should not be conditioned upon approvals by the
Metropolitan Councilor other goverrunental agency. The AMM is
open to the use of alternative dispute resolution procedures prior to
judicial rernedies.
24
200 1 Legislative Policies
Metropolitan Agencies
Alternative dispute resolution could reduce costs and time for all
parties involved in the dispute. The AMM strongly opposes the
creation of an appeals board that could supersede city planning or
zoning decisions.
Metropolitan Council Focus on Planning (IV-G)
Long-range planning should continue to be the primary function of
the Metropolitan Council. In conducting long-range planning, the
Metropolitan Council should periodically update and revise the
vision for the region. As part of its long-range planning, the
Metropolitan Council should include analysis of trends, plans,
policies and programs that could impact or link the regional
growth centers in Greater Minnesota to the metropolitan area.
In addition to its long-range planning function, the Metropolitan
Council should maintain and expand its technical and research
services to cities. The services should assist cities in completing its
planning mandates but also in conducting special studies and
projects.
For cities to meet their planning mandates, the Metropolitan
Council must ensure that its planning, data collection and
dissemination functions are fulfilled in a timely manner and are
consistent with its statutory obligations.
Budget Process & Work Program Evaluation (IV-H)
The Metropolitan Council's annual budget should present revenue
and expenditure budgets by the services provided. Mandated and
non-discretionary projects should be identified along with their
funding sources. Previous year's history should also be provided.
The annual budget should maintain linkages between expenses and
revenues. In addition, the funds or reserve funds raised for a
particular service should not be used or commingled with the
funds raised for any other service or activity.
The Metropolitan Council's work program should meet four tests:
. The issue or problem identified is important to the region's
well-being.
2001 Legislative Policies
25
Metropolitan Agencies
· Metropolitan Council intervention or activity will produce a
. positive result.
· The Metropolitan Council's action does not duplicate or serve as
a substitute for a state level prograI? or effort or what should be
a state level activity.
· The Metropolitan Council is the rnost appropriate agency to
intervene or perform the activity.
Criteria for Extension of Metropolitan Governance Authority (IV-I)
The legislature, if granting the metropolitan governance structure
additional responsibility or authority, should be specific in the
grant. New or expanded authority should be considered only when
one or more of the following exist:
· The service, function or activity has been shown to be needed
and it can be dernonstrated that it cannot or is not being
effectively or efficiently provided through existing general
purpose units of government.
· The service, function or activity is not an appropriate state level
or local government level activity or function.
· Regional intervention is needed for protection of the region's
investment in an existing rnetropolitan system.
Restructuring of Metropolitan Agencies (IV-J)
The Sports Facilities Commission and the Metropolitan Airports
Commission (MAC) are currently metropolitan cornrnissions. The
legislature should make the sports facility commission a local
commission if the back-up tax is limited to one city or is expanded
to additional cities. If the tax is extended to other cities, the
commission should be restructured to have rnembership from those
cities.
The legislature should clarify the status of the MAC so that it
becomes either a rnetropolitan or state directed agency. The
determining factor in the agency decision is the nature of the
commission's back-up tax. If the tax will be a rnetropolitan area tax,
its rnembership should corne frorn the metropolitan area. If the
26
200 1 Legislative Policies
Metropolitan Agencies
back-up tax is statewide, then the MAC should have statewide
representation.
In selecting membership on the MAC board, the governor should
give primary consideration for representation from communities
impacted by the operations of the MAC airports.
Metropolitan Council: Method to Select Members (IV-K)
The legislature has debated proposals to amend the process to
select Metropolitan Council members. Proposals to elect the
members directly or to elect county commissioners as Metropolitan
Council mernbers have been discussed but not enacted into law.
The AMM has studied the governance issue and has released a
separate "Metropolitan Governance Report" (October 1998).
The report notes that there is no regional crisis that requires a
governance change, but did recommend that Metropolitan Council
members serve fixed, staggered terms. The AMM further
recommends that no changes be made to the Metropolitan Council
unless a governance proposal meets a set of criteria.
The intent of the criteria is to fashion a regional governance
structure that has a distinct mission, but does not establish a
political subdivision with local government powers or one that is a
state agency. The Metropolitan Council should have a distinct
mission of long-range planning and operation of legislatively-
authorized regional services. The criteria include:
Terms of Office
Members should serve fixed, staggered terms.
Metropolitan Council Powers
The Metropolitan Council should continue to be a long-range,
planning agency and potentially an operator or oversight agency
for regional services. As such, the Metropolitan Council must
maintain planning, coordinating and local assistance as a high
priority.
2001 Legislative poiicies
27
Metropolitan Agencies
Additional Powers
N~w powers must not expand or override city responsibilities,
especially land use regulation authority. The Metropolitan Council
must not become an agency with gene~al local government powers.
State Role
The legislature should focus on broad oversight of the Metropolitan
Council's mission and services.
Local Government
Local elected officials must be involved in the selection process of
Metropolitan Council rnembers and there must be a rnechanisrn to
facilitate meaningful dialogue and input between the Metropolitan
Council and cities.
Collar Counties
The metropolitan region clearly includes the seven designated
counties and the adjacent eleven Minnesota counties, as well as
three Wisconsin counties. The needs of the entire rnetropolitan
region beyond the current seven county region must be addressed.
MetrolJolitan Council Members
The selection process rnust strive to appoint Metropolitan Council
members who have an understanding of and will be responsive to
the district represented, as well as be responsive to the best
interests of the region. The selection process should lirnit the
potential influence and support (including financial) of special
interests.
Parks & Open Space: Operation & Maintenance Capital Funding ((V-L)
The governor and the legislature should continue to appropriate
funding for the operation and maintenance of regional parks. The
level of funding should be equal to the statutory goal of 40 percent
of the total budget. Regional parks essentially serve the role of state
parks in the rnetropolitan area and the acquisition, development
and irnprovernent of the parks should continue to be funded, in
part, with state resources.
28
2001 legislative Policies
Metropolilan Agencies
Surface & Groundwater Water Management (IV-M)
. The legislature should provide full·funding if it mandates
additional water management planning or implernenting
activities by local units of government.
1£ legislation is considered for surface water management, it should
be based on the following principles:
. Local units of government should continue to be responsible for
the organization and operation of surface and groundwater
management, since they are the closest to the problem.
Therefore, legislation enacted in 1999 limiting representation on
boards of Water Management Organizations (WMOs) should be
repealed.
. New state requirements should not add to local costs and
duplicate reviews/ approvals should be reduced or eliminated.
The AMM would support the following initiatives/ action:
. A state grant program similar to those currently administered
by the Board of Water and Soil Resources (BOWSR) should be
established to assist WMOs in the metropolitan area to
implement their plans.
. The legislature should clarify that the joint power WMOs can,
with the approval of its participating governments, separately
levy a tax for its programs.
. A thorough assessrnent of the BOWSR structure and authorities
to ascertain if it should continue to be the approval and
oversight agency for surface water management planning and
activities in the rnetropolitan area.
. A thorough assessment of the metropolitan area surface water
management planning and permitting process with the
objective of developing improvements in conflict resolution,
better coordination between state and local agencies, and
streamlining the project permit approvals process.
. Compliance by local units of government located outside of the
metropolitan area with the same standards and requirements
2001 Legislative Policies
29
Metropolitan Agencies
for surface water management as those imposed on local units
. within the metropolitan area.
· A technical evaluation of the impact of 2:1 wetland replacernent
in the urbanized area on the goal of· greater urban densities as
stated in the Metropolitan Council's Regional Blueprint.
Water Supply (IV-N)
Additional legislation pertaining to local or regional water supply
planning is not warranted. If legislation, however, is proposed it
should be based on the following principles:
· Local units should retain the basic responsibility for water
supply planning and rnanagement as in current law.
· The state should fund additional rnandates.
· Potable water should not be designated a regional systern.
Regional Wastewater (Sewer) Treatment System (IV-C)
The regional wastewater treatment systern has improved the water
quality of the region's rnajor river and lakes. The system should not
be permitted to break up or to diminish its effectiveness. Since all
users benefit equally, the regional user rates should be uniform by
type of user.
Waste Stream Management (IV-P)
The legislature should enact legislation which will:
· Establish goals to reduce, recycle and reuse packaging materials
and establish fees, taxes or deposits to encourage
accomplishment of the goals. The revenues would be waived
when the goals are met. Available revenues would be used to
promote or enhance local programs to achieve the goals.
· Continue the Office of Envirorunental Assistance (OEA) as an
agency that primarily assists local goverrunents to manage
waste effectively.
30
2001 Legislative Policies
Metropolitan Agencies
· Continue the role of cities in waste stream management unless a
state or metropolitan system is established to achieve the same
goal.
· Distribute all proceeds from any fURding system for solid waste
management activities and require' distribution of funds to all
entities involved in the system.
· Provide that host communities for solid waste facilities will not
have a financial liability for costs associated with operating and
monitoring the facility. Such costs should be borne by the
operator and in the absence of regulations should be assumed
by the state.
. Maintain, at a minirnum, the current compensation level
permitted through surcharge fees and increase the level as well
as making the cornpensatiori available to all types of solid waste
facilities.
. Define municipal solid waste not to be a hazardous substance.
The definition would enhance the ability of local governments.
2001 Legislative Polícies
31
Transportation (V)
Transportation Funding (V-A)
The AMM strongly supports increased funding for transit and
highways, both of which are a critical need in the metropolitan
area. In addition, funding for rnass transit including transit ways,
light rail or heavy rail in existing corridors should be dedicated in a
manner consistent with current highway funding. Funds allocated
to the metropolitan area should be flexible so that the most efficient
and cost effective transportation solution may be chosen and the
main metropolitan problern (congestion relief) can be addressed.
The AMM supports a constitutional arnendment dedicating the
Motor Vehicle Sales Tax and/ or other revenue source to a new
Surface Transportation Multimodal fund frorn which an
appropriate amount is allocated to the Highway User Tax
Distribution fund to replace the auto license tab fee reduction of
2000, and the remaining amount to be used for transit and/ or
highway needs as priority dictates. The AMM will support a
general gas tax increase only if accompanied by this constitutional
arnendrnent provision.
Regional Transit System (V-B)
To provide travel choices to reduce congestion and automobile
dependency the Regional Transit System should be a cornbination
of integrated traffic rnanagernent systems which include use of
HOV lanes, express buses, exclusive transit ways, light rail transit,
and commuter rail corridors built to connect residents to job, retail
and commercial centers, plus a variety of other transit modes,
including taxi, bus, pedestrian and bicycle.
The AMM supports an increase in t,jetropolitan Transit Funding at
a minirnum to support the current system but preferably at a level
.
200) Legislative Policies
33
Transportation
to increase metro transit capability to equal growth and provide
much needed congestion relief.
Park-and-ride facilities for mass transit modes adequate to connect
the regional centers, major trip generators and communities, both
urban and suburban, should have integrated feeder systems to
accommodate local buses, autornobiles, van pools, bicycles, as well
as walking facilities.
The Metropolitan Council should work with local units of
government to encourage appropriate land use controls along
designated transit corridors to promote transit ridership.
Metro Transit Property Tax (V-C)
The property tax for Metro Transit is approaching $100 million
annually and provides nearly 40 percent of the rnetro area transit
revenues, which is the highest in the U.s. The AMM supports
transit property tax relief through the use of alternative revenue
sources such as a dedicated portion of metro area sales tax. Shifting
the property tax levy arnount to a state appropriation is
unacceptable since over two-thirds of the total transit operations
budget would then be subjected to the uncertainties of the state
appropriation process. The AMM also opposes using city HACA or
LGA to offset the transit levy since this is merely substituting one
property tax levy for another. Whatever alternative revenue source
is used should provide for significant growth, which currently is
about 7.8 percent, and maintain current optout transit funding at
cornparable levels.
Transportation Utility (V-D)
The AMM requests the legislature to authorize cities to establish a
transportation utility for street maintenance and reconstruction of
aging infrastructure, similar to the existing storm water utility, so
that costs of improved facilities can be more fairly charged to the
users rather than the general population as a whole.
Highway Turnbacks & Funding (V-E)
The AMM supports jurisdictional reassignment or turnback of
roads on a phased basis using functional classification and other
appropriate criteria subject to a corresponding mechanism for
34
2001 Legislative Policies
Transportation
adequate funding of roadway irnprovements and continuing
maintenance.
Cities do not currently have the financial capacity other than
significant property tax increase to abs!Jrb the additional roadway
responsibilities without new funding sources. The existing
municipal tumback fund is not adequate based on conternplated
turnbacks.
'3C' Transportation Planning Process: Elected Officials Role (V-F)
The AMM supports continuation of the Transportation Advisory
Board (TAB), a majority of local elected officials mernbership on the
TAB itself and the TAB process, which was developed to meet
federal requirernents for designation of the Metropolitan Council as
the Metropolitan Planning Organization that is responsible for the
continuous, cornpr~hensive and cooperative (3C) transportation
planning process to allocate federal funds arnong metropolitan area
projects. This process requirement was reinforced by the 1991
Interrnodal Surface Transportation Efficiency Act (ISTEA) and the
1998 Transportation Efficiency Act for the 21st Century (TEA21).
Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance (V-G)
The AMM requests legislative action authorizing utilization of
rnotion imaging recording system technology for governmental
units, including cities, on streets and highways to assist promotion
of safety and traffic law compliance enforcernent. The technology
has been proven and is currently used for law enforcernent by
numerous states, municipalities and other countries. The state
should at least irnplernent a pilot project on municipal streets in the
rnetropolitan area.
Airport Noise Mitigation (V-H)
Equitable noise mitigation programs needs to be developed to
address the increased traffic and noise due to the expansion of the
MSP International Airport. In 1996, the Metropolitan Airports
Commission (MAC) was charged with developing a rnitigation
package for legislative consideration in 1997. Also, in 1999, the
Governor's Cornmunity Stability Funding Task Force was created
to identify and recommend funding sources for implementation of
noise rnitigation rneasures. Significant funding for noise rnitigation
still has not been identified or appropriated. The AMM believes
2001 Legislative Policies
35
costs associated with all types of noise mitigation should be borne
by the airport (MAC) and the state. The airport is considered a
statewide facility and provides trernendous economic benefit to the
region __ a benefit that does not come without responsibility to the
citizens adversely impacted. The MAC. and state should seek long-
term solutions and provide stable and 'Significant funding to
mitigate noise impacts. Funding may include, but is not limited to,
those funds recommended by the 1999-2000 Governor's
Community Stability Funding Task Force.
Transportation
By 2003, the year the new North/South runway will be operational,
the Envirorunental Quality Board should establish guidelines for
airport noise (including low frequency) in consultation with the
MAC, Metropolitan Council, MSP Noise Mitigation Committee and
affected cities. Noise mitigation programs should be implemented
as soon as possible to the 60 DNL -- as enacted by the legislature in
1996.
In addition to the MSP International Airport, impacts, including
environmental and low frequency noise, must be identified at all
MAC airports and applicable mitigation measures implemented by
MAC.
Traffic Control Devices (MNIDOT Administrative) (V-I)
The AMM understands the need for the Manual on Uniform Traffic
Control Devices. The AMM also recognizes that unique situations
within municipalities occasionally may not be adequately
addressed by the standards in the manual. Therefore, the AMM
encourages the Department of Transportation to more strongly take
into consideration unique local conditions and circumstances when
examining local requests for traffic control devices. In addition, the
AMM would support the establishment of a peer appeals review
board to review, when requested by a local municipality, specific
situations when the quantitative warrant criteria in the Manual on
Uniform Traffic Control Devices are not met.
36
2001 Legislative Policies
~
Committee Rosters (VI)
Housing & Economic Development
Craig Waldron (Chair), Administrator, Oakdale
Janis Callison, Councilmember, Minnetonka
Dave Callister, Clerk-Administrator, Osseo
Mike Campbell, IGR Director, St. Paul
Sharon Cassen, Councilmember, New Hope
Dan Donahue, Manager, New Hope
Matt Fulton, Manager, New Brighton
Tom Goodwin, Councilmember, Apple Valley
Patrick Harris, Councilmember,St. Paul
Regina Harris, HRA Director, Bloomington
Vivian Hart, Councilmember, West St. Paul
Andrea Hart Kajer, IGR Director, Mirmeapolis
Brian Herron, Councilmember, Minneapolis
Jan LeSuer, Councilmember, Golden Valley
Lonni McCauley, Mayor, Coon Rapids
Peter Meintsma, Mayor, Crystal
Joan Molenaar, Councilmember, Champlin
Ron Rankin, Community Development Director, Minnetonka
Char Samuelson, Councilmember, New Brighton
Mark Sather, Manager, V\'hite Bear Lake
Marlaine Szurek, Councilmember, Columbia Heights
2001 Legislative Poii'cies
37
Committee Rosters
Jerry Turnquist, Councilmember, Oak Park Heights
LizWorkman, Councilmember, Burnsville
Metropolitan Agencies
Mary Anderson (Co-Chair), Mayor, Golden Valley
Sandra Krebsbach (Co-Chair), Councilmember, Mendota Heights
Larry Bakken, Councilmember, Golden Valley
Bill Barnhart, Government Relations Representative, Minneapolis
Cathy Busho, Mayor, Rosemount
Mike Campbell, IGR Director, St. Paul
Joan Campbell, Councilmember, Minneapolis
Matt Fulton, Manager, New Brighton
David Grant, Councilmember, Arden Hills
Ken Hartung, Administrator, Bayport
Marvin Johnson, Mayor, Independence
Jane Kansier, Planning Coordinator, Prior Lake
Barrett Lane, Councilmember, Minneapolis
Larry Lee, Director of Community Development, Bloomington
Tom Link, Director of Development & Proto Serv., Inver Grove Heights
Lynn Moratzka, Councilmember, Hastings
Mark Nagel, Manager, Anoka
Dave Schaaf, Mayor, Oak Park Heights
Terry Schneider, Councilmember, Minnetonka
Charlotte Shover, Councilmember, Burnsville
Russ Susag, Councilmember, Richfield
Mike Ulrich, Acting Administrator, Mounds View
Donn Wiski, Councilmember, Roseville
38
2001 Legislative Policies
Committee Rosters
Municipal Revenue & Taxation
Frank Boyles (Chair), Manager, Prior Lake
Karen Anderson, Mayor, Minnetonka
Larry Bakken, CounciImember, Golden Valley
Curt Boganey, Manager, Brooklyn Park
Scott Botcher, Manager, Chanhassen
Edward Burrell, Treasurer & Finance Director, Roseville
Thomas Burt, Administrator, Rosemount
Dave Callister, Clerk-Administrator, Osseo
Don Collier, Councilmember, New Hope
Tom Cran, Budget Analysis, St. Paul
Steve Devich, Assistant Manager, Richfield
Pat Harris, Councilmember, St. Paul
Ken Hartung, AdrniIÚstrator, Bayport
Terri Heaton, Chief Financial Officer, Bloomington
James Keinath, Administrator, Circle Pines
Jim Knutson, Finance Director, Anoka
Tom Lawell, Administrator, Apple Valley
Joe Lynch, Administrator, Arden Hills
Michael Madigan, Councilmember, Woodbury
Peter Meintsma, Mayor, Crystal
Tom Melena, Administrator, Oak Park Heights
Jo1m Moir, Finance Officer, Minneapolis
Mike Mornson, Manager, St. Anthony
Jim Norman, Administrator, Ramsey
Steve O'Malley, Deputy City Manager, Burnsville
Ryan Schroeder, Adminish'ator, Cottage Grove
2001 Legislative Policies
39
James Smith, Councilmember, Independence
Jerry Splinter, Manager, Coon Rapids
Deb Sturdevant, Councilmember, Champlin
Kathy Thurber, Councilmember, Minneapolis
John Wallin, Finance Director, Edina
Jim Willis, Administrator, Inver Grove Heights
Committee Rosters
Transportation & General Government
Veid Muiznieks (Chair), Councilmember, St. Paul Park
Beverly Aplikowski, Councilmember, Arden Hills
Bob Bruton, Councilmember, North St. Paul
Charlie Crichton, Councilmember, Burnsville
Pam Dmytrenko, Assistant to City Manager, Ric1úield
Dan Donahue, Manager, New Hope
Sharon Feess, Councilmember, Brooklyn Park
Mary Hamann-Roland, Mayor, Apple Valley
William Hargis, Mayor, Woodbury
Jon Hohenstein, Administrator, Mahtomedi
Wayne Houle, Assistant Engineer, Edina
Barbara Johnson, Councilmember, Minneapolis
Mike Klassen, St. Paul
Steve Larson, Councilmember, New Brighton
Charles Lenthe, Director of Public Works, Blaine
Sandra Masin, Councilmember, Eagan
Mark McNeill, Administrator, Shakopee
Dore Mead, Councilmember, Minneapolis
Ed Nelson, Councilmember, Brooklyn Center
Jerry Newton, Councilmember, Coon Rapids
40 2001 Legislative Policies
_..---_.-- ------
Committee Rosters
------~-
Samantha Orduno, Administrator, Richfield
-.-..-
.
The infonnation I received from Al Nelson was also reiterated at a meeting
attended by representatives from the Post Office, area business leaders and a
representative from David Minge's office. Neither the representatives from the
Post Offiee nor the representative from David Minge's office could recall a
designation change from rural to city delivery. They also cited Chaska as an
example stating they are currently involved in a lengthy lawsuit regarding a
ehange in designation that has been dragging on for years.
I will continue to monitor the issue and report when neeessary. There is another
meeting scheduled for October 5'h at 2:00 p.m. with area business leaders and
representatives from the Chanhassen Post Office. If any new developments arise
I will keep the city infonned.