Agenda - Parks and Recreation Commission - 03/08/1990

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county, city, or town land use control shall permit development which has not been approved by the (metro) council, nor shall any count),, city or town sanction or approve any subdivision, permit, license or other authorization which would allow development to occur which has not been approved by the (metro) council." Mark Banwart stated that on tile basis of the State Statute, City Staff has determined that it would be inappropriate to prepare proposed findings of fact and conditional use permit prior to Waste Management receiving formal approval of the proposed project from the Metro Council. The letter dated February 2, 1990 is a re-interpretation of the term 'development' by a Metro Council staff person which conflicts with the intent of the State Statute. Mark Banwart then referred to Minnesota Statute 426.3595, Conditional Use Permits, Subdivision 1, Authority, which states: "The governing body may by ordinance designate certain types of developments, including planned unit developments, and certain land development activities as conditional uses under zoning regulations. Conditional uses may be approved by the governing body or other designated authority by a showing by the applicant that the standards and criteria stated in the ordinance will be satisifed. The standards and criteria shall include both general requirements for all conditional uses, and insofar as practicable, requirements specific to each designated conditional use." Based on the two statutes, Mark Banwart summarized that the City has the authority to designate certain types of development as requiring conditional use permits; and Ramsey cannot and should not approve a conditional use permit for development or development activities in the area of Site P or it's buffer unless Metro Council has approved it beforehand. Mark Banwart noted that State Legislature has directed Metro Council to develop criteria for defining 'development'; the interpretation of 'development' reflected in Metro Council staff letter dated February 2 may be an indication of what they are recommending as criteria but it is not what Minnesota Statute says. Before an opinion by a Metro Council staff person becomes fact and law, it has to be approved by Metro Council and State Legislature. Mark Banwart reiterated Staff's recommendation that the request for a conditional use permit be tabled because it would be inappropriate and unlawful to proceed until such time as Waste Management has received formal Metro Council and Anoka County approval. Mark Banwart noted that he was the technician that managed the Hennepin County compost project and that he has talked with Waste Management's site engineer and pointed out a litany of inadequacies in their proposal. Chairman Zimmerman read the letter from Metropolitan Council staff person, Thomas Caswell, dated February 2, 1990, out loud. Chairman Zimmerman stated that he spoke to Thomas Caswell on the phone and has been reassured that the letter was written as intended. Mark Banwart reiterated that the letter reflects the opinion of a Metro Council staff person, not what State Statute says. Commissioner Hendriksen stated that it would be inconsistent to criticize City Staff for expounding their recommendation over that of the Planning and Zoning Commission and then have the Commission accept the opinion of a Metro Council staff person over the authority of the Metro Council board. Planning & Zoning Commission/February 6, 1990 Page 6 of 8