080311 PlanningTo: Planning Commission
From: Curtis Jacobsen, Director of CD
Date: August 3, 2011
Subject: PC 11 -04, Variances
also
The legislature approved changes to Minnesota Statutes 462.357 Subd. 6, for local variance authority,
that became effective upon the Governor's signature on May 6. Much of the change can be summed up
with the simple substitution of "practical difficulties" for "undue hardship." The League of Minnesota
Cities has a good summary of the law change and what cities need to do to begin hearing and potentially
approving variances again.
Although this is a very important issue for cities the amendment and necessary corrective action is very
simple and straight forward. The Codes and Standards Committee reviewed and recommended this
ordinance amendment be forwarded to the Planning Commission at their meeting on July 6.
Attachments
• Redlined Ordinance
• City Attorney letter
• League of Minnesota Cities 2011 Law Summary (related to variances)
• Senate File No. 13
ORDINANCE NO, 11 -10
AN ORDINANCE AMENDING SECTION 4 -36 OF
THE NEW HOPE CODE REGULATING
REQUESTS FOR VARIANCES
The City Council of the City of New Hope ordains:
Section 1 . Section 4 -36 "Administration - Variances" of the New Hope City Code is
hereby amended to read as follows:
Sec. 4 -36. - Administration — Variances.
(a) Purpose of variance. The purpose of a variance is to permit relief from the strict
application of the terms of the zoning code Variances may be granted when they are in
harmony with the general purpose and intent of the zoning; code, they are consistent with the
comprehensive plan and the applicant for the variance establishes that there are ctical
- -_ " - Deleted: to prevent undue hardships
_rap
difficulties in complying with the City's zoning code.
Deleted: or mitigate undue noneconomic hardship
'"
---- ---- -- ------------- ------ -- ----
in the reasonable use of a specific parcel of property
(b) Procedure. An application for a variance requires a public hearing and shall be
and where
processed pursuant to the provisions outlined in subsection 4 -30(c) of this Code.
Deleted: circumstances are unique to the individual
property under consideration, and the g rantin g of
variance is demonstrated to be in keeping with the
•
e �aclical dif�cullies As used In connection with rantin an a lication for a
s pirit and intent of this Code.
p
variance practical difficulties means as follows:
Deleted: »aahr
------------------- --- ------- ------ --------------.
Deleted: M
(1) that the property owner proposes to use the property to a reasonable manner not ': , ,
Deleted: shall not be approved
permitted by the City's zoning g ode;
•
rFormatted : Numbered + level: 1 +
Numbering Style: 1, 2, 3, ... + Start at: 1 +
(2) the plieht of the property owner is due to circumstances unique to the property
Alignment: Left + Aligned at: 1" +Tab after:
under consideration and not created by the property owner;
1.25" + Indent at: 1.25"
Formatted: Bullets and Numbering
(3) the variance will not alter the essential character of the locality or permit a use
not allowed within the respective zoning district.
(4) The variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion ofthe public streets, or increase
the danger of fire or endanger public safety_.
(5) Practical difficulties may include but shall not be limited ta the followin & - -----
Deleted: nnlessafindingis made that failure to
., rant the variance will result in undue hardship on the
applicant, and, as may be applicable,
a. A physical condition unique to the property that results in
"av
practical difficulties when using the parcel or lot within the strict __1. _---T- -- -------- Deleted: criteria h e been met:
application of the terms of this Code. Physical conditions causing Deleted: (i)
practical difficulties may include lot shape, narrowness, shallowness, Deleted exceptional
slope, or topographic or similar conditions unique to the parcel
or lot.
b. Practical difficulties may also include, inadequate access to direct - - -M - -- Deleted: s
sunlight for solar energy systems. Formatt Indent�
C. Economic conditions alone shall not constitute Deleted: nundue
,practical difficulty . if reasonable use ofthe_property exists underihe - -
-. Dele ted: hardship
terms of this Code.
-- - -- - --
d.. practical difficulty, hall be unique the
lot for which the variance is being sought and is not generally
to other properties within the same zoning district.
. -------- '------------------------------------------------
----- - ---- I---------- -- --- ----- -- -- ---------- - ---------
V ----------------------------------------------------- --------
V--- --- ---T-- ---- - --- - - - -- ----- ----__Y_..- -------- ----
'-- ---- ----- ------------ -- -- - - --- __ ---- ------------
'--------------------------L----------------------------------------
(d) Informational requirements.
(1) A certificate of survey depicting the following:
a. Lot dimensions and area.
patcelor - Deleted: (2)
applicable Deleted: T
a. t is t e m p mum act on required to
b. Location, setback and dimension of all buildings on the lot including eliminate the hardship.
existing and proposed structures. Deleted: d. It does not involve a use which is not
allowed within the respective
C. The proposed variance. Deleted: Zonin district.
(2) Narrative description of the requested variance and hardship unique to the
property.
(e) Conditions and mitigaliL7Qrequirements Additional conditions and mitigating . -.- Formatted: Font: Not Italic
requirements ma be imposed with the granting of any variance to insure compliance to
protect adiacent properties and to protect the public health safety or environment if the
conditions or requirements bear a rough proportionality to the impact created by the variance Formatted: Font: Italic
-2-
Deleted: undue hardship
Deleted: is
,......
5 Deleted: (3)
�'• ``
-� Deleted: The hardship or circumstances unique to
---- - - - -.,
the parcel or lot ha no
`,
Deleted: been created by the landowner or any
---------- ',
previous owner.
Deleted: (4) . Additional criteria. The application
--- - -_ - --
forvarianceshallalso meet the following
Si,
Deleted: criteria:
- - "" - • ',,'-
1 Deleted: a.. It will not alter the essential character
l of the locality.
- - - --- 1 ,', ',`
Deleted: b
Deleted: It will not impair an adequate supply of
light and air to adja
Deleted: property, or substantially increase the
congestion of the public streets,
Deleted: or increase the danger of fire, or endanger
the public safety.
Deleted: I h
a. t is t e m p mum act on required to
b. Location, setback and dimension of all buildings on the lot including eliminate the hardship.
existing and proposed structures. Deleted: d. It does not involve a use which is not
allowed within the respective
C. The proposed variance. Deleted: Zonin district.
(2) Narrative description of the requested variance and hardship unique to the
property.
(e) Conditions and mitigaliL7Qrequirements Additional conditions and mitigating . -.- Formatted: Font: Not Italic
requirements ma be imposed with the granting of any variance to insure compliance to
protect adiacent properties and to protect the public health safety or environment if the
conditions or requirements bear a rough proportionality to the impact created by the variance Formatted: Font: Italic
-2-
Section 2 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the day of 2011
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the day of
R - ORNEYISASkI CUEW FEES S2 CITY OF NEW HOPE`" -$ I110 (AMEND V MUANCE STANDARD)�ORD. I I O.DOC
—3—
JENSEN SONDRALL & PERSELLIN, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443 -1968
TELEPHONE (763) 424 -8811 $ TELEFAx (763) 493 -5193
e -mail taw @jspattorneys.com
AMANDA FURTH
Writer's Direct Dial No.: (763) 201 -0211
e -mail sas@)ispattorneys.com
GORDON L. . JENSEN
ADAM J. KAUFMAN
MELANIE P. PERSELLIN'a
July 27, 2011
STEPHEN M. RINGQUIST'
STEVEN A.SONDRALL
Curtis Jacobsen
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: Ordinance No. 11 -10 Amending
City Requirements For Granting
Variance Requests
Our File No. 99 -81110
Dear Curtis:
In follow up to the June 29 t1 i Codes and Standards meeting, enclosed please find proposed
Ordinance No. 11 -10, An Ordinance Amending Section 4 -36 Of The New Hope Code Regulating
Requests For Variances, for consideration at the August Planning Commission meeting.
As you know, the Minnesota legislature recently enacted new legislation making it easier for
municipalities to grant variance requests. This new legislation is in response to a recent Minnesota
Supreme Court decision making it almost impossible for a developed city like New Hope to grant a
variance.
Basically, the new legislation enacted an easier standard to permit the granting of a variance.
Specifically, before a variance is granted the City must now find the existence of a practical
difficulty with the subject property= and a proposed use which is reasonable and consistent with the
zoning code and comprehensive plan. If these conditions exist the variance can be allowed.
The proposed ordinance enclosed amends our current code to conform to the new law. Please
contact me if you have any additional questions or comments.
Very truly yours,
'Real Property Law
Specialist Certified By
The Minnesota State
Steven A. Sondrall
Bar Association
'Licensed in Illinois /Colorado
; Qualified Neutral Mediator
Enclosure(s)
under Rule 114
cc: Eric Weiss
Kirk McDonald
P:\Attorney \SAS\l Client Files\2 City of New Hope \99 -81110 (amend variance standard)\Ltr to Ciacobsen re adoption of ord 11- 10.doc
League of Minnesota Cities 2011 Law Summary
Local variance authority
Chapter 19 (HF 52 * /SF 13) is the legislation supported by
the League in response to the Minnesota Supreme Court's
decision in Krummenacher v. City of Minnetonka, 783
N.W.2d 721 (Minn. June 24, 2010). The bill amends Minn.
Stat. § 394.27, subd. 7 and Minn. Stat. § 462.357, subd. 6
amending Minn.. Stat. § 462.357, subd. 6 to restore municipal
variance authority and to make other statutory language
consistent between the two sections to avoid future
confusion over whether counties and cities have the same
authority in when and how they grant variances.
In Krummenacher, the Minnesota Supreme Court
narrowly interpreted the statutory definition of "undue
hardship" and held that the "reasonable use" prong of the
"undue hardship" test is not whether the proposed use is
reasonable, but rather whether there is a reasonable use in
the absence of the variance. The new law changes that factor
back to the "reasonable manner" understanding that
had been used by some lower courts prior to the Krummenacher
ruling.
The change was effective on May 6, the day following
the governor's approval. Presumably it applies to pending
applications, as the general rule is that cities are to apply
the law at the time of the decision, rather than at the time
of application.
The new law renames the municipal variance standard
from "undue hardship" to "practical difficulties," but otherwise
retains the familiar three- factor test of (1) reasonableness,
(2) uniqueness, and (3) essential character. Also
included is a sentence new to city variance authority that
was already in the county statutes: "Variances shall only be
permitted when they are in harmony with the general purposes
and intent of the ordinance and when the terms of the
variance are consistent with the comprehensive plan."
In evaluating variance requests under the new law, cities
should adopt findings addressing the following questions:
e Is the variance in harmony with the purposes and intent
of the ordinance?
• Is the variance consistent with the comprehensive plan?
• Does the proposal put property to use in a reasonable
manner?
Are there unique circumstances to the property not created
by the landowner?
s Will the variance, if granted, alter the essential character
of the locality?
Some cities may have ordinance provisions that codified
the old statutory language, or that have their own set
of standards. For those cities, the question may be whether
you have to first amend your zoning code before processing
variances under the new standard. A credible argument
can be made that that the statutory language pre -empts
inconsistent local ordinance provisions.
Under a pre- emption theory, cities could apply the
new law immediately without necessarily amending their
ordinance first. In any regard, it would be best practice for
cities to revisit their ordinance provisions and consider
adopting language that mirrors the new statute.
In addition, the new law clarifies that conditions may
be imposed on granting of variances if those conditions are
directly related to and bear a rough proportionality to the
impact created by the variance.
Effective May 6, 2011. (CJ)
� X No. I J, as Introduced - 8' /th Legislative Session (2011 -2012) Pagel of t
AUM
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.„ Minnesota Senate
House i Senate ( Joint Departments and Commissions 1 Bill Search and Status I Statutes, Laws, and Rules
S.F. No. 13, as introduced - 87th Legislative Session (2011 -2012) Posted on Jan 07, 2011
1.1 A bill for an act
1.2 relating to local government; providing for variances from city, county, and town
1.3 zoning controls and ordinances;amending Minnesota Statutes 2010, sections
1.4 394.27, subdivision 7; 462.357, subdivision 6.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read:
1.7 Subd. 7. Variances; hat dshig ,practical difficulties The board of adjustment
1.8 shall have the exclusive power to order the issuance of variances from the terms of any
1.9 official control including restrictions placed on nonconformities. Variances shall only be
1.10 permitted when they are in harmony with the general purposes and intent of the official
1.11 control
1.12 , and when the terms of the variance
1.13 are consistent with the comprehensive plan. "Haldship" ers used in eenneetie'l Void! tile
1.14
1.15
1.16
1.17 venietnee, ' . Variances may be
1.18 granted when the applicant for the variance establishes that there are practical difficulties
1.19 in complying with the official control 'Practical difficulties," as used in connection with
1,2 the rg anting of a variance, means that the propeM owner proposes to use the proper in a
1.21 reasonable manner not permitted by an official control, the plight of the landowner is due
1.22 to circumstances unique to the property not created by the landowner. and the variance,
1.23 if granted, will not alter the essential character of the locality. Economic considerations
1.24 alone simff do not constitute it hmdshi ifn iensonabie tise fm the property Mists under
2.1 practical difficulties Practical difficulties include but are not
2.2 limited to, inadequate access to direct sunlight for solar energy systems Variances shall be
2.3 granted for earth sheltered construction as defined in section 216C.06, subdivision 14,
2.4 when in harmony with the official controls. No variance may be granted that would allow
2.5 any use that is prohibited not allowed in the zoning district in which the subject property is
2.6 located. The board of adjustment may impose conditions and mitigating requirements
2.7 in the granting of variances to insure compliance and, to protect adjacent properties, and
2.8 tlre-rnbfie intm e to protect the public health, safety, or the environment +he board
2.9
2.10
2.11 EFFECTIVE DATE.This section is effective the day following final enactment.
2.12 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read:
2.13 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and
2.14 adjustments may be taken by any affected person upon compliance with any reasonable
2.15 conditions imposed by the zoning ordinance. The board of appeals and adjustments has
2.16 the following powers with respect to the zoning ordinance:
2.17
https : / /www.revisor.mn.gov / bin /bldbill.php ?bill= S0013.0.htm1 &session =1s87 6/22/2011
S.F. No. 13, as introduced - 87th Legislative Session (2011 -2012) Page 2 of 2
2.17 (1) To hear and decide appeals where it is alleged that there is an error in any
2.18 order, requirement, decision, or determination made by an administrative officer in the
enforcement of the zoning ordinance.
(2) To hear requests for variances from the
2.21
2.23
2.25
2.26 tindet eunditimt3 rdl b the offici eo terms ofthe zoning ordinance including
restrictions placed on nonconformities. Variances shall only be permitted when they are re in
harmony with the general purposes and intent of the ordinance and when the terms of the
variance are consistent with the comprehensive plan Variances may be granted when the
2.30 applicant for the variance establishes that there are practical difficulties in complying with
2.31 the zoning ordinance. "Practical difficulties," as used in connection with the grantinff
a variance, means that the property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance; the plight of the landowner is due to
2.34 circumstances unique to the property not created by the landowner;; and the variance, if
2.35 granted, will not alter the essential character of the locality. Economic considerations alone
sires do not constitute
3.2 Hte temis of the oi dinance Htidne hat dshi also includes practical difficulties. Practical
difficulties include but is are not limited to, inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth sheltered construction as defined in
section 216C.06, subdivision 14, when in harmony with the ordinance. The board of
appeals and adjustments or the governing body as the case may be, may not permit as a
variance any use that is not permitt -,d allowed under the zonin ordinance for property in
3.8 the zone where the affected person's land is located. The board or governing body as the
3.9 case may be, may permit as a variance the temporary use of a one family dwelling as a two
3.10 family dwelling. The board or governing body as the case may be may impose conditions
and mitigating requirements in the granting of variances to insure compliance mnl, to
3.12 protect adjacent properties and to protect the public health safety or the environm
3.13 EFFECTIVE DATE.This section is effective the day following final enactment.
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Qs page.
General questions..or.commep%,
last updated: 04/15/2009
https: / /www. revisor.mn.gov/ bin /bldbill.pbp ?bill =S0013.0.html &session =ls87 6/22/2011
To: Planning Commission
From: Curtis Jacobsen, Director of Community Development
Date: August 3, 2011
Subject: PC 11 -05, SAC Charges
The Metropolitan Council Environmental Services (MCES) Board is the responsible party in the metro
area for the treatment of waste water (sewage) and as such has the ability to levy charges on cities. The
two main charges are for flow and sewer access. The flow is the usage charge to anyone connected to the
metropolitan waste water system. The sewer access charge (SAC) is a charge established to provide for
reserve capacity in the metro waste water system. This charge is currently at $2,230.00 per residential
unit. The MCES's policy is to charge these SAC fees to cities and cities may either decide to pass these
fees along to property owners or absorb the fees.
It has always been the practice of the city to pass these fees through to the property owners /developers
of projects in the city. Historically, this has worked well for the city. The city has worked with the MCES
staff to determine fees and they were then charged to the property owner /developer at the time a
building permit was issued. Recently the MCES has begun to audit these determinations after the fact
and their audits invariably do not match the original calculations. As a result of their audits the MCES
then bills the city for the difference. Property owner /developers are not as willing to accept SAC charges
from audits that may come 3 or more months after the original determination.
Recent examples of MCES audit determinations follow:
• NS /I Horowitz, 4401 Quebec Ave, added one shower stall to their facility. MCES charged for an
additional SAC.
• New Hope Bowl, 7107 42nd Ave, added the outdoor deck and volleyball courts. MCES charged for
an additional SAC.
• Entegge, 5620 International Parkway, remodeled some office space with no bathrooms in the
space. MCES charged an additional SAC.
• T- Lavendar, 3520 Winnetka Ave, space was vacated by a Chinese restaurant and converted into
Grandma's Kitchen. MCES charged an additional 8 SAC.
• North Education Center (NEC), 5530 Zealand Ave, a 178,000 square foot school designed to
accommodate 1,000 students was torn down and is being replaced by a 158,000 square foot school
designed to accommodate 400 students. Original determination was that no SAC charges were
due. Upon audit three months later, MCES charges for an additional 80 SAC. Upon challenge by
District 287 the city is notified that no SAC fees are due.
Since the city cannot absorb these fees and to clarify and update city code staff is proposing to amend the
city code to more clearly identify that all SAC charges are the responsibility of the property
owner /developer of a project. This responsibility is ongoing and includes charges based on MCES audits
of projects months or years after the fact. Another goal of the city code amendment is to keep our code
simple.
SAC is referred to in city code in Chapter 5 and Chapter 14, so therefore both chapters will need to be
amended simultaneously.
Attachments
• Redlined version of Ordinance
City Attorney letter
Clean copy of amendment (for those of you having difficulty tracking the changes on the
redlined version)
2
ORDINANCE NO. 11 A I
AN ORDINANCE AMENDING NEW HOPE CODE
SECTIONS 5 -3 AND 14 -50 REGULATING SEWER
AVAILABILTY CHARGES FROM THE METROPOLITAN
COUNCIL ENVIROMENTAL SERVICES BOARD
The City Council of the City of New Hope ordains:
Section 1 . Section 5 -3(b) "Permits required' of the New Hope City Code is hereby amended Delete sewer
by amending subsection 5- 3(b)(6) "SAC charges" to read as follows: - --
Deleted: elsewhere
6 SAC charges, Charges of the Metropolitan Council Environmental Services i Deleted: also
Board (MCES) for providing reserve trunk capacity as described�n ______ 14 of this Code i ;'; • Formatted: sutlers and Nu mbering
---- --------------- --
are: Deleted: water and
remain unpaid after the 30 day notice period. ;',' Deleted: Sewer
Deleted: determined . to reserve the unused
Section 2 . Section 5 -3(c) "Sewer sanitary strength charges" of the New Hope City Code is ' ' jj Deleted: capacity in the metropolitan disposal
hereby amended to read as follows: system each year commencing in 1973
Deleted: for local government units in which new
O c Sanitary Sewer tren th char es. Metro olitan Council Environmental ' buildings to be connected to the
-- - - - -- ---- -- g-- - - -- g ------ - - - - -p ------ r - - - -- r = ; ",,
Services charges for recovery of operation and maintenance costs of treatment works as [a eleted: system and new connections to the system
'n Cha
described ter 14 of this Code must be aid when due b all industrial users of the eit commence - - - d during such year,
�. p p Y -- - -Y sewer system. eleted: and to allocate the debt service costs of
uch unused capacity for the
Section 3 . Section 14 -50(7) "Service availability charge (SAC)" of the New Hope City Code Deleted: year among local government units. In
- order for the city to pay such
is hereby amended to read as follows: Fbuildings ts allocated to it each y ear, the city has
wer service
(7) Service availability charge (SAC). The Metropolitan l Council '... ;' availability and connection charges for all
Environmental Services Board MCES ar r' ,'' constructed or
--_..------------------ -- 1 ----------------- '----------- v
_____.. ____....__.- _._..___-- _.- 1..__.
______ _ __ _____ the responsible agency
wastewater treatment services within the metropolitan
{ Deleted: connected to the metropolitan disposal
system on or after January 1, 1973. The
--- -- ---- -- ------ -- -- provision of
for the p -------..
Deleted: Metropolitan Waste Control Commission,
, "
---------- ------ ------ -------------- - - - -. after its creation, has continued to
area' The MCES Deleted: require the sewer service connection
-1-
Formatted: Numbered + Level: 1 +
a. The responsibility of the property owner and are required to be paid before- ;' ,
Numbering style: a, b, c, ... + Start at: 1 +
..
issuance of a permit for connection to the municipal Sewer system.
;' i
Alignment: left +Aligned at: 1" +Tab after:
1.25" + indent at: 1.25"
b. Additional SAC char es s mayapply after any MCES audit of'buildingplans and
Deleted: --
shall be the continuing responsibility of the property owner. Any additional
;,
Formatted: Font: Italic
unpaid SAC charges are due within 30 days from the date of mailing by the City
Deleted: sanitary
to the property owner of the amount remaining unpaid. A $50.00 late fee shall
Deleted: Waste Control
app] to o any SAC charges paid after the 30 day notice period referred to herein
;'�
Deleted: commission
and may be certified to the real estate taxes of the property for collection if they
- ( Deleted:
elsewhere
remain unpaid after the 30 day notice period. ;',' Deleted: Sewer
Deleted: determined . to reserve the unused
Section 2 . Section 5 -3(c) "Sewer sanitary strength charges" of the New Hope City Code is ' ' jj Deleted: capacity in the metropolitan disposal
hereby amended to read as follows: system each year commencing in 1973
Deleted: for local government units in which new
O c Sanitary Sewer tren th char es. Metro olitan Council Environmental ' buildings to be connected to the
-- - - - -- ---- -- g-- - - -- g ------ - - - - -p ------ r - - - -- r = ; ",,
Services charges for recovery of operation and maintenance costs of treatment works as [a eleted: system and new connections to the system
'n Cha
described ter 14 of this Code must be aid when due b all industrial users of the eit commence - - - d during such year,
�. p p Y -- - -Y sewer system. eleted: and to allocate the debt service costs of
uch unused capacity for the
Section 3 . Section 14 -50(7) "Service availability charge (SAC)" of the New Hope City Code Deleted: year among local government units. In
- order for the city to pay such
is hereby amended to read as follows: Fbuildings ts allocated to it each y ear, the city has
wer service
(7) Service availability charge (SAC). The Metropolitan l Council '... ;' availability and connection charges for all
Environmental Services Board MCES ar r' ,'' constructed or
--_..------------------ -- 1 ----------------- '----------- v
_____.. ____....__.- _._..___-- _.- 1..__.
______ _ __ _____ the responsible agency
wastewater treatment services within the metropolitan
{ Deleted: connected to the metropolitan disposal
system on or after January 1, 1973. The
--- -- ---- -- ------ -- -- provision of
for the p -------..
Deleted: Metropolitan Waste Control Commission,
, "
---------- ------ ------ -------------- - - - -. after its creation, has continued to
area' The MCES Deleted: require the sewer service connection
-1-
sets and revises SAC charges on a regular basis. The charges are set out in
Minnesota Statutes Chapter 473 The City administers these charges as pass
through charges to the property owner /developer of the property within thecity as
set out in a5 -3 (6) of this code.
a. Establishment of charg ----------------------------------- — ,j Deleted: For the p of pay;ng costs o
-The MCES establishes charges on an annual
basis which city charges must reflect.
T- - - ----- '- -- -- -' --' ---------------------
♦---------------------------------------------
Deleted: 1. _ Treatment works and interceptors. The
availability of treatment ....... works and F—
Deleted: 2.. Connections. Connections, direct and
indirect, to the ... .. . metropolitan dispo „
family residential SAC determinations and shall request the MCES to
make all other determinations pet MCES criteria and guidance.
- townhouses and duplex units - Deleted: l.. Houses, townhouses and duplex units.
-- - - - - -- - - - - - --
shall each comprise one unit; - '-- ------" Sin houses,
- ------ '-----------
-- ----- ..._--- _----'--- - --
Deleted: 2.. Condominiums and apartments.
Condominiums and apartments .... shalf . (51
Deleted: 4.. Other buildings. Other buildings and
structures shall be .... .. . assigned one ur lg�
Deleted: 5.. Public housing. Public housing units
and housing units ........subsidi and .,, (��
�--- -- -- ------------------
'----- ----------------- ------ -- ----J_..- .._— ._._.__- ..__._
—2—
Deleted: 6.. Certain Units and Existing Prior to
January 1, 1971 Units... existing
Deleted: c. Administration. The city clerk shall
prepare or revise building permit.... or
Section 4 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the day of , 2011.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the
P:4'fTORNFYLSA<.I CLQ'i.T PLL.E6' CRY OF I.R W t10PE�99 -8111 I'+�RDMM1IzE 11 -11 D3.DOC
day of,
20_.)
`?Is
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For the purpose of paying costs of reserve
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For the purpose of paying costs of reserve
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7/27/20112 :35:00 PM
For the purpose of paying costs of reserve
Page 2: [2] Deleted sas
7/27/20112:36:00 PM
1. Treatment works and interceptors. The availability of treatment
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7/27/20112:36 :00 PM '
1. Treatment works and interceptors. The availability of treatment
Page 2: [2] Deleted as
7/27/20112:3 PM
1. Treatment works and interceptors. The availability of treatment
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2. Connections. Connections, direct and indirect, to the
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2. Connections. Connections, direct and indirect, to the
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2. Connections. Connections, direct and indirect, to the
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2. Connections. Connections, direct and indirect, to the
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2. Connections. Connections, direct and indirect, to the
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2. Connections. Connections, direct and indirect, to the
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2. Connections. Connections, direct and indirect, to the
Dine ,). r2i now -aoi cac 717717M 1 737.00 PM.:
2. Connections. Connections, direct and indirect, to the
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2. Connections. Connections, direct and indirect, to the
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Amount of charges
Amount of charges
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Amount of charges
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Amount of charges
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Amount of charges
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Amount of charges
Amount of charges
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2. Condominiums and apartments. Condominiums and apartments
2. Condominiums and apartments. Condominiums and apartments
2. Condominiums and apartments. Condominiums and apartments
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2. Condominiums and apartments. Condominiums and apartments
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A Other hni]r]inaz (lthar hnilr]innc nnr] ztrnrtiirPc chat] hP
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4. Other buildings. Other buildings and structures shall be
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5. Public housing. Public housing units and housing units
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5. Public housing. Public housing units and housing units
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5. Public housing. Public housing units and housing units
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5. Public housing. Public housing units and housing units
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6. Certain Units and Existing Prior to January 1, 1973. Units
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6. Certain Units and Existing Prior to January 1, 1973. Units
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6. Certain Units and Existing Prior to January 1, 1973. Units
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6. Certain Units and Existing Prior to January 1, 1973. Units
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6. Certain Units and Existing Prior to January 1, 1973. Units
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6. Certain Units and Existing Prior to January 1, 1973. Units
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c. Administration. The city clerk shall prepare or revise building permit
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C. Administration. The city clerk shall prepare or revise building permit
C. Administration. The city clerk shall prepare or revise building permit
C. Administration. The city clerk shall prepare or revise building permit
C. Administration. The city clerk shall prepare or revise building permit
C. Administration. The city clerk shall prepare or revise building permit
C. Administration. The city clerk shall prepare or revise building permit
C. Administration. The city clerk shall prepare or revise building permit
C. Administration. The city clerk shall prepare or revise building permit
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C. Administration. The city clerk shall prepare or revise building permit
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C. Administration. The city clerk shall prepare or revise building permit
JENSEN S ®NDRALL &PERSELLIN, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443 -1968
TELEPHONE (763) 424 -8811 $ TELEFAx (763) 493 -5193
e -mail law @jspattorneys.com
AMANDA M.FURTH
GORDON L. JENSEN'
ADAM J. KAUFMAN
MELANIE P. PERSELLIN='
STEPHEN M. RINGQUIST'
STEVEN A.SONDRALL
'Real Property Law
Specialist Certified By
The Minnesota State
Bar Association
'Licensed in Illinois /Colorado
3 Qualifed Neutral Mediator
under Rule 114
July 27, 2011
Curtis Jacobsen
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: Ordinance No. 11 -11 Amending
Sections 5 -3 and 14 -50 Reulating SAC Charges
Our File No. 99 -81111
Dear Curtis:
Writer's Direct Dial No.: (763) 201 -0211
e -mail sas@jspattorneys.com
In follow up to the June 29" Codes and Standards meeting, enclosed please find proposed
Ordinance No. 11 -11, An Ordinance Amending New Hope Code Sections 5 -3 and 14 -50 Regulating
Sewer Availability Charges From the Metropolitan Council Environmental Services Board, for
consideration at the August Planning Commission meeting.
Per your June 29, 2011 Memo to the Codes and Standards Committee, the proposed ordinance
reflects the current guidelines of the MCES in imposing SAC charges and the City's responsibility
to pass the charges through to the developers and property owners. The proposed amendment also
simplifies the code.
Please contact me if you have any additional questions or comments.
Very truly yours,
Steven A. Sondrall
Enclosure(s)
cc: Eric Weiss
Kirk McDonald
P:\Auomey \SAS \I Client Files\2 City of New Hope \99 -811 I ITtrto Cjacobsen re adoption of ord I I -I Ldoc
ORDINANCE NO. 11 -11
AN ORDINANCE AMENDING NEW HOPE CODE
SECTIONS 5 -3 AND 14 -50 REGULATING SEWER
AVAILABILTY CHARGES FROM THE METROPOLITAN
COUNCIL ENVIROMENTAL SERVICES BOARD
The City Council of the City of New Hope ordains:
Section 1 . Section 5 -3(b) "Permits required" of the New Hope City Code is hereby amended
by amending subsection 5- 3(b)(6) "SAC charges" to read as follows:
(6) SAC charges. Charges of the Metropolitan Council Environmental Services
Board (MCES) for providing reserve trunk capacity as described in Chapter 14 of this Code are:
a. The responsibility of the property owner and are required to be paid before
issuance of a permit for connection to the municipal sewer system.
b. Additional SAC charges may apply after any MCES audit of building plans and
shall be the continuing responsibility of the property owner. Any additional
unpaid SAC charges are due within 30 days from the date of mailing by the City
to the property owner of the amount remaining unpaid. A $50.00 late fee shall
apply to any SAC charges paid after the 30 day notice period referred to herein
and may be certified to the real estate taxes of the property for collection if they
remain unpaid after the 30 day notice period.
Section 2 . Section 5 -3(c) "Sewer sanitary strength charges" of the New Hope City Code is
hereby amended to read as follows:
(c) Sanitary Sewer strength charges. Metropolitan Council Environmental
Services charges for recovery of operation and maintenance costs of treatment works as
described in Chapter 14 of this Code must be paid when due by all industrial users of the city
sewer system.
Section 3 . Section 14 -50(7) "Service availability charge (SAC)" of the New Hope City Code
is hereby amended to read as follows:
(7) Service availability charge (SAC). The Metropolitan Council Environmental
Services Board (MCES)is the responsible agency for the provision of wastewater treatment services
within the metropolitan area. The MCES sets and revises SAC charges on a regular basis. The
charges are set out in Minnesota Statutes Chapter 473. The City administers these charges as pass
through charges to the property owner /developer of the property within the city as set out in §5 -3(6)
of this code.
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a. Establishment of charges.
The MCES establishes charges on an annual basis which city charges must
reflect.
b. Administration.
The City shall report monthly to the MCES for all single family residential
SAC determinations and shall request the MCES to make all other
determinations per MCES criteria and guidance townhouses and duplex units
shall each comprise one unit.
Section 4 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the day of , 2011.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the day of , 20_.)
P:\ATTORNEYVSASU CLIENT FILESt2 CITY OF NEW HOPE99.8111 I\ORDINANCE H -I ID2.DOC
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